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RM of Weyburn 6-2013
1
Zoning Bylaw
RM of Weyburn No. 67
NOTE: CONSOLIDATED COPY
Zoning Bylaw Amendments including Bylaws No. 13-2015, No.
9-2016, No. 12-2016, No. 9- 2017, No. 8-2018, No. 7-2019,
No. 1-2020, Bylaw 1-2021, 3-2024, and 2-2025 have been
incorporated for convenience of reference and the original
bylaws and regulations should be consulted for all purposes
of interpretation and application of the law. In order to
preserve the integrity of the original bylaws and regulations,
errors that may have appeared are reproduced in this
consolidation.
RM of Weyburn 6-2013
2
TABLE OF CONTENTS
1 INTRODUCTION ................................................................................................................ 8
1.1
AUTHORITY ............................................................................................................ 8
1.2
TITLE ...................................................................................................................... 8
1.3
PURPOSE................................................................................................................. 8
1.4
SCOPE ..................................................................................................................... 8
1.5
SEVERABILITY ....................................................................................................... 8
2 DEFINITIONS .................................................................................................................... 9
3 ADMINISTRATION AND INTERPRETATION .................................................................... 41
3.1
DEVELOPMENT OFFICER ...................................................................................... 41
3.2
COUNCIL ............................................................................................................... 41
3.3
APPLICATION FOR A DEVELOPMENT PERMIT ..................................................... 42
3.4
CONCURRENT PROCESSING OF DEVELOPMENT PERMITS, BUILDING PERMITS
AND OTHER REQUIREMENTS .......................................................................................... 42
3.5
DEVELOPMENT NOT REQUIRING A PERMIT ........................................................ 42
3.6
CONCEPT PLANS (Comprehensive Development Review) ......................................... 43
3.7
DEVELOPMENT PERMIT PROCEDURE .................................................................. 44
3.8
DISCRETIONARY USE APPLICATION PROCEDURE .............................................. 45
3.9
INTERPRETATION ................................................................................................. 47
3.10
REFUSAL OF DEVELOPMENT PERMIT APPLICATION .......................................... 47
3.11
DEVELOPMENT APPEALS BOARD ........................................................................ 47
3.12
DEVELOPMENT PERMIT APPLICATION FEES ....................................................... 48
3.13
DISCRETIONARY USE APPLICATION FEES .......................................................... 48
3.14
FEE FOR ZONING AMENDMENT APPLICATION .................................................... 48
3.15
HOLDING ZONE PROVISIONS ............................................................................... 48
3.16
PLANNED UNIT DEVELOPMENT ........................................................................... 49
3.17
REFERRAL UNDER THE PUBLIC HEALTH ACT ..................................................... 49
3.18
MINOR VARIANCES............................................................................................... 50
3.19
NON-CONFORMING BUILDINGS, USES AND SITES .............................................. 51
3.20
DEVELOPMENT PERMIT - INVALID ..................................................................... 51
3.21
CANCELLATION .................................................................................................... 52
3.22
STOP-WORK ........................................................................................................... 52
3.23
OFFENCES AND PENALTIES ................................................................................. 52
RM of Weyburn 6-2013
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3.24
INSPECTION OF PREMISES ................................................................................... 52
3.25
BYLAW COMPLIANCE ........................................................................................... 52
3.26
MOVING OF BUILDINGS ....................................................................................... 53
3.27
DEMOLITION OF BUILDINGS ................................................................................ 53
3.28
TEMPORARY DEVELOPMENT PERMITS ................................................................ 53
3.29
REGISTERING AN INTEREST (CAVEATS) ............................................................. 53
3.30
DEVELOPMENT AGREEMENTS ............................................................................. 53
3.31
SERVICING AGREEMENTS .................................................................................... 54
3.32
PERFORMANCE BONDS ......................................................................................... 54
3.33
LIABILITY INSURANCE ......................................................................................... 54
4 GENERAL REGULATIONS ................................................................................................ 55
4.1
LICENSES, PERMITS AND COMPLIANCE WITH OTHER BYLAWS AND
LEGISLATION .................................................................................................................. 55
4.2
PRINCIPAL USE ESTABLISHED ............................................................................. 55
4.3
ACCESSORY BUILDINGS, USES AND STRUCTURES ............................................. 56
4.4
USES PERMITTED IN ALL ZONING DISTRICTS .................................................... 57
4.5
APPLICATION OF OVERLAY DISTRICTS .............................................................. 57
4.6
RESTORATION TO A SAFE CONDITION ................................................................ 57
4.7
GRADING AND LEVELING OF SITES..................................................................... 57
4.8
HEIGHT OF BUILDINGS ......................................................................................... 58
4.9
RESTRICTIONS ON CHANGES ............................................................................... 58
4.10
SIGNAGE ON NATURAL AND HUMAN HERITAGE SITES ..................................... 58
4.11
HERITAGE AND SENSITIVE AND CRITICAL WILDLIFE HABITAT ....................... 59
4.12
FENCE AND HEDGEs ............................................................................................. 59
4.13
LANDSCAPE BUFFERS .......................................................................................... 59
4.14
KEEPING OF DOMESTIC ANIMALS ....................................................................... 60
4.15
BUILDING AND SITE MAINTENANCE ................................................................... 60
4.16
PROHIBITED AND NOXIOUS USES ........................................................................ 60
4.17
DISPOSAL OF WASTES .......................................................................................... 61
4.18
SITE DEVELOPMENT REGULATIONS FOR DEVELOPMENT NEAR WATER
SOURCES .......................................................................................................................... 61
4.19
PUBLIC UTILITIES AND MUNICIPAL SERVICES ................................................... 61
4.20
CLOSINGS .............................................................................................................. 62
4.21
ROADWAYS ........................................................................................................... 62
4.22
FRONTAGE AND ACCESS/APPROACHES .............................................................. 62
RM of Weyburn 6-2013
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4.23
ROAD CROSSINGS ................................................................................................. 63
4.24
HEAVY HAUL ROADS ............................................................................................ 63
4.25
RAILWAY CROSSINGS AND SIGHT DISTANCES ................................................... 63
4.26
SIGHT TRIANGLE .................................................................................................. 63
4.27
DEVELOPMENT ALONG PIPELINES and GAS TRANSMISSION LINES ................... 64
4.28
COMMUNICATION TOWERS .................................................................................. 65
4.29
USES OR OBJECTS PROHIBITED OR RESTRICTED IN YARDS .............................. 65
4.30
VEHICLE STORAGE ............................................................................................... 66
4.31
TRAILERS, BOX CARS, SEA AND RAIL CONTAINERS .......................................... 66
4.32
LIGHTING .............................................................................................................. 66
4.33
SIGNAGE................................................................................................................ 67
4.34
ZONING DISTRICT SIGN REGULATIONS .............................................................. 68
4.35
LOADING REQUIREMENTS ................................................................................... 68
4.36
PARKING ............................................................................................................... 69
5 DISCRETIONARY USE STANDARDS FOR DEVELOPMENT .............................................. 70
5.1
HOME-BASED BUSINESSES AND OCCUPATIONS ................................................. 70
5.2
AGRICULTURAL TOURISM USES .......................................................................... 70
5.3
GARDEN SUITES .................................................................................................... 71
5.4
RESIDENTIAL CARE HOMES ................................................................................. 71
5.5
BED & BREAKFAST HOMES .................................................................................. 72
5.6
SALVAGE YARDS (AUTO WRECKERS) ................................................................. 72
5.7
AUTOMOTIVE SERVICE USES AND GAS PUMPS .................................................. 73
5.8
ANIMAL KENNELS ................................................................................................ 73
5.9
EQUESTRIAN FACILITIES ..................................................................................... 74
5.10
CAMPGROUNDS .................................................................................................... 74
5.11
TEMPORARY WORK CAMPS .................................................................................. 75
5.12
DOMESTIC WIND ENERGY SYSTEMS ................................................................... 76
5.13
COMMERCIAL WIND ENERGY SYSTEMS .............................................................. 77
5.14
COMMUNICATION TOWERS .................................................................................. 78
5.15
SOLID & LIQUID WASTE DISPOSAL FACILITIES .................................................. 78
5.16
ACCESSORY RESIDENCE TO CONTRACTOR'S YARDS AND TRUCKING FIRM
ESTABLISHMENTS ........................................................................................................... 79
6 ZONING DISTRICTS AND ZONING MAPS ........................................................................ 79
6.1
ZONING DISTRICTS ............................................................................................... 82
6.2
ZONING DISTRICT MAPS ...................................................................................... 83
RM of Weyburn 6-2013
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6.3
BOUNDARIES OF ZONING DISTRICTS .................................................................. 83
7 AGRICULTURAL RESOURCE DISTRICT (AR) .................................................................. 84
7.1
PERMITTED USES .................................................................................................. 84
7.2
DISCRETIONARY USES ......................................................................................... 85
7.3
PROHIBITED USES ................................................................................................. 86
7.4
ACCESSORY BUILDINGS AND USES ..................................................................... 86
7.5
SUBDIVISION AND SITE REGULATIONS .............................................................. 86
7.6
SUPPLEMENTARY DEVELOPMENT STANDARDS FOR AGRICULTURAL USES .... 88
7.7
FARMSTEADS ........................................................................................................ 88
7.8
TEMPORARY USES ................................................................................................ 90
7.9
NON-FARM RESIDENTIAL SUBDIVISION OF AGRICULTURAL LANDS ................ 90
7.10
INTENSIVE LIVESTOCK OPERATIONS .................................................................. 91
7.11
AGGREGATE EXTRACTION (SAND, GRAVEL, TOPSOIL) ...................................... 94
7.12
OIL AND GAS DEVELOPMENT .............................................................................. 95
7.13
SIGNAGE REGULATIONS ...................................................................................... 96
7.14
POTASH, FERTILIZER AND ETHANOL PLANT DEVELOPMENT ............................ 97
7.15
SEPARATION DISTANCES BETWEEN MINERAL, POTASH OR OIL AND GAS
DEVELOPMENT AND OTHER USES .................................................................................. 97
8 COUNTRY RESIDENTIAL DISTRICT (CR) ........................................................................ 99
8.1
PERMITTED USES .................................................................................................. 99
8.2
DISCRETIONARY USES ......................................................................................... 99
8.3
PROHIBITED USES ............................................................................................... 100
8.4
SUBDIVISION AND SITE REGULATIONS ............................................................ 100
8.5
SUPPLEMENTARY REGULATIONS OR SPECIAL PROVISIONS ............................ 101
8.6
ACCESSORY BUILDINGS AND USES ................................................................... 102
8.7
LEGAL ACCESS ................................................................................................... 103
8.8
TEMPORARY USES .............................................................................................. 103
8.9
KEEPING OF LIVESTOCK .................................................................................... 104
8.10
SWIMMING POOL REGULATIONS ....................................................................... 104
8.11
SIGNAGE REGULATIONS .................................................................................... 105
9 HAMLET DISTRICT-H..................................................................................................... 106
9.1
PERMITTED USES ................................................................................................ 106
9.2
DISCRETIONARY USES ....................................................................................... 106
9.3
PROHIBITED USES ............................................................................................... 106
9.4
SUBDIVISION AND SITE REGULATIONS ............................................................ 107
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9.5
ACCESSORY BUILDINGS AND USES ................................................................... 108
9.6
FENCE AND HEDGE HEIGHTS ............................................................................. 108
9.7
OUTDOOR STORAGE ........................................................................................... 108
9.8
SIGNAGE REGULATIONS .................................................................................... 109
10 HIGH PROFILE COMMERCIAL LIGHT INDUSTRIAL DISTRICT (HPC) ........................... 110
10.1
PERMITTED USES ................................................................................................ 110
10.2
DISCRETIONARY USES ....................................................................................... 110
10.3
PROHIBITED USES ............................................................................................... 111
10.4
SUBDIVISION AND SITE REGULATIONS ............................................................ 111
10.5
ACCESSORY BUILDINGS AND USES ................................................................... 113
10.6
SUPPLEMENTARY REGULATIONS OR SPECIAL PROVISIONS ............................ 113
10.7
PARKING REQUIREMENTS .................................................................................. 114
10.8
LOADING REQUIREMENTS ................................................................................. 114
10.9
LANDSCAPING/ BUFFER STRIP REQUIREMENTS ............................................... 114
10.10 OUTSIDE STORAGE ............................................................................................. 115
10.11 OILFIELD SUPPLY AND SERVICE, BULK PETROLEUM STORAGE AND
AGRICHEMICAL STORAGE SITES ................................................................................. 115
10.12 SIGNAGE REGULATIONS .................................................................................... 115
11 INDUSTRIAL DISTRICT (IND) ........................................................................................ 116
11.1
PERMITTED USES ................................................................................................ 116
11.2
DISCRETIONARY USES ....................................................................................... 116
11.3
PROHIBITED USES ............................................................................................... 117
11.4
SUBDIVISION AND SITE REGULATIONS ............................................................ 117
11.5
ACCESSORY BUILDINGS AND USES ................................................................... 119
11.6
SUPPLEMENTARY REGULATIONS OR SPECIAL PROVISIONS ............................ 119
11.7
LOADING REQUIREMENTS ................................................................................. 120
11.8
PARKING REQUIREMENTS .................................................................................. 120
11.9
LANDSCAPING/ BUFFER STRIP REQUIREMENTS ............................................... 120
11.10 OUTDOOR STORAGE ........................................................................................... 121
11.11 OILFIELD SUPPLY AND SERVICE, BULK PETROLEUM STORAGE AND
AGRICHEMICAL STORAGE SITES .......................................... Error! Bookmark not defined.
11.12 PERFORMANCE STANDARDS ....................................... Error! Bookmark not defined.
11.13 SIGNAGE REGULATIONS .................................................................................... 121
12 ENVIRONMENTALLY SENSITIVE LANDS OVERLAY (ES) ............................................. 122
12.1
AREAS WITHIN THE ES OVERLAY DISTRICT ..................................................... 122
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12.2
OVERLAY DISTRICT REGULATIONS .................................................................. 122
12.3
PERMITTED USES ................................................................................................ 123
12.4
DISCRETIONARY USES ....................................................................................... 123
12.5
SITE DEVELOPMENT REGULATIONS FOR SLOPE INSTABILITY AREAS ........... 123
12.6
SITE DEVELOPMENT REGULATIONS FOR FLOOD HAZARD CAUTIONARY AREAS
124
13 HERITAGE RESOURCE OVERLAY (HR) ......................................................................... 126
13.1
DEFINING THE BOUNDARY ................................................................................ 126
13.2
SITE REGULATIONS IN THE HERITAGE RESOURCES OVERLAY AREA ............. 126
14 REPEAL AND ADOPTION ............................................................................................... 127
ZONING MAP ...................................................................................................................... 128
APPENDIX "A" ........................................................................................................................ 129
DEVELOPMENT PERMIT APPLICATION REQUIREMENTS ................................................. 129
RM of Weyburn 6-2013
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1
INTRODUCTION
1.1
AUTHORITY
Under the authority granted by The Planning and Development Act, 2007, the Reeve and Council of
the Rural Municipality of Weyburn No. 67 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
Weyburn No. 67.
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 Weyburn No. 67 in accordance with the Official Community Plan Bylaw
5-2013.
.2
The intent of this Zoning Bylaw is to provide for the amenity of the area within The Rural
Municipality of Weyburn No. 67 (hereinafter referred to as the Municipality) and for the
health, safety, and general welfare of the inhabitants of the area:
a) To minimize land use conflicts;
b) To establish minimum standards to maintain the amenity of the Rural
Municipality;
c) To ensure development is consistent with the physical limitations of the land;
d) To restrict development that places undue demand on the Rural Municipality for
services; and
e) To provide for land use and development that is consistent with the goals,
objectives and policies of the Rural Municipality of Weyburn Official Community
Plan, Bylaw 5-2013.
1.4
SCOPE
This Bylaw applies to all land included within the boundaries of the Rural Municipality of Weyburn
No. 67. All development within the limits of the Rural Municipality shall hereafter conform to the
provisions of this Bylaw.
1.5
SEVERABILITY
A decision of a Court that one or more of the provisions of this Bylaw are invalid in whole or in part
does not affect the validity, effectiveness, or enforceability of the other provisions or parts of the
provisions of this Bylaw.
RM of Weyburn 6-2013
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2
DEFINITIONS
Whenever the subsequent words or terms are used in the Official Community Plan, Bylaw No. 5-
2013 and this Bylaw, they shall, have the following definition unless the context indicates otherwise.
ABATTOIR: a facility for butchering or slaughtering animals, and to dress, cut and inspect meats;
refrigerate, cure, and manufacture by-products.
ACCESSORY: a building, structure or use of a specific site which is subordinate and exclusively
devoted to the principal building, principal structure, or principal use of the same site.
ACT: The Planning and Development Act, 2007 Province of Saskatchewan, as amended from time
to time.
ADJACENT: contiguous or would be contiguous if not for a river, stream, railway, road or utility right -
of-way or reserve land; and any other land identified in this Bylaw as adjacent land for the purpose
of notifications.
ADMINISTRATOR: the Administrator of the Rural Municipality of Weyburn No.67.
AGGREGATE RESOURCE: raw materials including sand, gravel, clay, earth or mineralized rock found
on or under a site.
AGRICULTURAL: a use of land, buildings or structures for the purpose of animal husbandry, fallow,
field crops, forestry, market gardening, pasturage, private greenhouses and includes the growing,
packing, treating, storing and sale of produce produced on the premises a nd other similar uses
customarily carried on in the field of general agricultural.
AGRICULTURE (INTENSIVE): an agricultural production system characterized by high inputs relative
to land area enabling a substantial increase in production using methods geared toward making use
of economies of scale to produce the highest output at the lowest cost.
AGRICULTURAL ACTIVITY: means a sites principal use is the production of one or more of the following
activities:
a) cultivating land;
b) producing agricultural crops, including hay and forage;
c) producing horticultural crops, including vegetables, fruit, sod, trees, shrubs, flowers,
greenhouse crops or specialty crops, excluding cannabis;
d) raising of all classes of livestock including fur-bearing animals, game birds and game
animals, bees or fish;
e) producing eggs, milk, honey, and other animal products;
f)
any other prescribed agricultural activity or process as defined by Council from time to time;
AGRICULTURAL HOLDING OR FARM: the cumulative total of all sites which are:
-
owned by a person, and
-
used for agricultural operations and production, and
-
are situated within the rural municipality,
and shall not include a site, the principal use of which is residential or non-agricultural.
RM of Weyburn 6-2013
10
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, fr uit
stands, veterinary clinics and animal hospitals.
AGRICULTURAL RESIDENCE: a dwelling unit accessory to the use of land intended for a combined
residential and agricultural purpose.
AGRICULTURAL RESIDENTIAL DEVELOPMENT: the establishment of a residence on an
agricultural holding in the absence of subdivision of where the residence remains directly
appurtenant to the agricultural operation.
AGRICULTURAL TOURISM: a tourism oriented commercial land use related to the retail sale of
products or the provision of entertainment associated with an agricultural operation or a rural
environment and without limiting the generality of the above includes historical and vacat ion farms,
farm zoos, gift shops, restaurants, art galleries and cultural entertainment facilities.
ALTERATION OR ALTERED (RENOVATION): with reference to a building, structure or site means a
change from one major occupancy class or division to another, or a structural change such as an
addition to the area or height, or the removal of part of a building, or any change to the structure
such as the construction of, cutting into or removal of any wall, partition, column, beam, joist, floor
or other support, or a change to or closing of any required means of egress or a change to the
fixtures, equipment, cladding, trim, or any other items regulated by this Bylaw such as parking and
landscaping.
ANCILLARY: a building, structure or use of a specific site which is related in a subsidiary manner to
the principal building, principal structure, or principal use of the same site.
ANIMAL CLINIC (SEE CLINICS)
ANIMAL HOSPITAL (SEE CLINICS)
ANIMAL UNIT (A.U.) the kind and number of animals calculated in accordance with the following
table:
RM of Weyburn 6-2013
11
Animal Type
Number
of
Animals = 1
Animal Unit
Poultry
-
Hens, cockerels, capons
-
Chicks, broiler chickens
-
Turkeys, geese, ducks
-
Exotic birds
100
200
50
25
Hogs
-
Boars and sows
-
Gilts
-
Feeder pigs
-
Weanling pigs
3
4
6
20
Sheep
-
Rams or ewes
-
Lambs
7
14
Goats etc.
-
All (including llamas, alpacas etc.)
7
Cattle
-
Cows and bulls
-
Feeder cattle
-
Replacement heifers
-
Calves
1
1.5
2
4
Horses
-
Colts and ponies
-
Other horses
2
1
Other
-
Domesticated native ungulates (deer,
elk, bison, etc.)
1
APPLICANT: a developer or person applying for a development permit under this Bylaw, for a
subdivision approval to an approving authority under The Planning and Development Act, 2007.
ASPHALT PLANT (SEE CONCRETE PLANT)
AUCTION MART/MARKET: means a building or structure or lands used for the storage of goods,
materials and livestock which are to be sold on the premises by public auction and for the sale of
the said goods, materials, and livestock by public auction and on an occasional basis.
RM of Weyburn 6-2013
12
AUTO WRECKER: an area where motor vehicles are disassembled, dismantled or junked, or where
vehicles not in operable condition, or used parts of motor vehicles, are stored or sold to the general
public.
BASEMENT: that portion of a building between two floor levels, which is partly underground and has
not more than one-half its height from the finished floor to finished ceiling, above finished grade.
BED AND BREAKFAST: a dwelling unit, licensed as a tourist home under The Public Accommodation
Regulations, 1997, in which overnight accommodation within the dwelling unit, along with one meal
served before noon, is provided to the travelling public for a charge.
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 Weyburn No.67 regulating the erection,
alteration, repair, occupancy, maintenance or demolition of buildings and structures.
BUILDING, FARM: improvements such as barns, granaries, workshops, etc., situated on a parcel of land
identified as an agricultural operation and used in connection with an agricultural operation.
BUILDING FLOOR AREA: the sum of the gross horizontal area of all floors of a building excluding
the floor area used for or devoted to mechanical equipment, laundry, storage, swimming pools, and
enclosed or underground parking facilities. All dimensions shall be measured betwe en exterior faces
of walls or supporting columns, or from the centre line of the walls or supporting columns separating
two buildings. For the purpose of this Bylaw, the term 'storage' means the keeping or placing of
trunks, luggage or similar articles in a place designed therefore, but shall exclude clothes closets,
linen closets, broom cupboards, kitchen and bathroom cupboards of whatsoever nature.
BUILDING FRONT LINE: the line of the wall of the building or any projecting portion of the building
and production thereof, excluding permitted obstructions, which faces the front site line.
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.
RM of Weyburn 6-2013
13
BUILDING PERMIT: a permit issued under the Building Bylaw of the Rural Municipality of Weyburn
No.67 authorizing the construction of all or part of any building or structure.
BUILDING, PRINCIPAL: a building in which is conducted the main or primary use of the site on
which the said building is situated.
BUILDING REAR LINE: the line of the wall of the building or any projecting portion of the building
and production thereof, excluding permitted obstructions, which faces the rear site line.
BUILDING SIDE LINE: the line of the wall of the building or any projecting portion of the building and
production thereof, excluding permitted obstructions, which faces the side site line.
BULK FUEL SALES AND STORAGE: includes lands, buildings, and structures for the storage and
distribution of fuels and oils including retail sales or key lock operations.
BYLAW: the Rural Municipality of Weyburn No. 67's 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, washroom and shower facilities, but not including the use or mobile homes or trailers on a
permanent year-round basis.
Building Height Measurements
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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.
CANNABIS: As defined in The Cannabis Act (Canada).
CANNABIS, CILTIVATION: means the growing and harvesting of cannabis indoors or outdoors as
licensed by the Federal or Provincial Government.
CANNABIS, MICRO-CULTIVATOIN: means a licensed small - scale facility where there is a limit to the
maximum canopy area for growing of cannabis plants and harvesting of product authorized by the Federal
or Provincial Government.
CANNABIS NURSERY: means the growing of cannabis for seed production where a total area may not
exceed more than 50 m2 must contain all parts of budding or flowering plants where a maximum production
of flowering heads harvested are restricted by the production of license issued by the Federal or Provincial
Government. Cultivation may occur indoors or outdoors.
CANNABIS, PROCESSING: the manufacturing, packing and labelling of cannabis products designed for
direct sale to authorized distributors or wholesalers.
CANNABIS RESEARCH & TESTING: means a federally licensed facility for the research and testing of
cannabis or cannabis products. On site cannabis production is only permitted as incidental to the main
purpose of the facility for the research and testing of cannabis.
RM of Weyburn 6-2013
15
CANNABIS RETAIL: means a retail business operating from a storefront location which is provincially
licensed selling any part of the cannabis plant, processed or unprocessed, including any derivative,
concentrate or edible product originating from the cannabis plant.
CANNABIS, STANDARD CULTIVATION: means a licensed cannabis facility where the growing and
cultivation is regulated by Provincial and Federal Government.
CANNABIS WHOLESALE: means a provincially licensed warehouse and distribution facility that
purchases cannabis from federally licensed producers or other provincially licensed wholesales for
storage, distribution, and sales to cannabis Retail Stores or other provincially licensed Cannabis
Wholesalers.
CEMETERY: land that is set apart or used as a place for the interment of the dead or in which human
bodies have been buried. "Cemetery" may include a structure for the purpose of the cremation of
human remains and may include facilities for storing ashes or human remains that have been
cremated or the interment of the dead in sealed crypts or compartments.
CLEAN FILL: uncontaminated non-water-soluble, non-decomposable inert solids such as rock, soil,
gravel, concrete, glass and/or clay or ceramic products. Clean fill shall not mean processed or
unprocessed mixed construction and demolition debris, including, but not limited to, wallboard,
plastic, wood or metal or any substance deemed corrosive, combustible, noxious, reactive or
radioactive.
CLINICS / HOSPITAL, ANIMAL
ANIMAL CLINIC: a building or part thereof used by a qualified veterinarian for the
treatment of animal health needs where animals are not kept on the premises for surgery
or kept overnight.
ANIMAL HOSPITAL: the premises of a veterinary surgeon where small, large domestic
animals and livestock are treated or kept involving surgery and the keeping of animals in
outdoor or indoor pens.
VETERINARY CLINICS: a place for the care and treatment of small animals involving
outpatient care and medical procedures involving hospitalization, but shall not include the
keeping of animals in outdoor pens.
CLUSTER: where design allows for the concentration of development in pockets to preserve
ecological areas and other open space while providing lower servicing cost and alternative
development (ie. housing) patterns.
COMMERCIAL: the use of land, buildings, or structures for the purpose of buying and selling
commodities, and supplying professional and personal services for compensation.
COMMERCIAL INDOOR STORAGE: a building or series of buildings comprising multiple storage bays
intended for lease or rent by the general public for the purpose of indoor storage of private goods.
COMMERCIAL, SMALL SCALE: Commercial or Industrial land uses maintaining a lineal frontage less
than 90 metres (295.28 feet).
COMMUNICATION FACILITY (SEE (TELE) COMMUNICATION FACILITY)
RM of Weyburn 6-2013
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COMMUNICATION TOWER: is a tower that is typically tall structures designed to support antennas for
telecommunications and broadcasting, including; television, radio or cellular. There are two main types
including guided and self-supporting structures.
COMMUNITY FACILITIES: a building or facility used for recreational, social, educational or cultural
activities and which is owned by a municipal corporation, non-profit corporation or other non-profit
organization.
COMPREHENSIVE DEVELOPMENT REVIEW (SEE CONCEPT PLAN)
CONCEPT PLAN (COMPREHENSIVE DEVELOPMENT REVIEW): a land use concept plan for a specific
local area that identifies social, environmental, health and economic issues which the proposed
development must address.
CONCRETE (ASPHALT) PLANT: an industrial facility used for the production of asphalt or concrete,
or asphalt or concrete products, used in building or construction, and includes facilities for the
administration or management of the business, the stockpiling of bulk materials used in the
production's process or of finished products manufactured on the premises and the storage and
maintenance of required equipment.
CONDOMINIUM: as defined by The Condominium Property Act, 1993, means the land included in a
condominium plan together with the buildings and units and the common property and common
facilities belonging to them.
CONDOMINIUM, BARE LAND (FREEHOLD): involves dividing a parcel of land into individually owned
'bare land units'. Each bare land unit is shown on a survey plan. The balance of the parcel around
the units is common property.
CONDOMINIUM, TOWNHOUSE: involves dividing a building into individually owned units with
boundaries referenced to the walls, floors and ceilings. Each unit shall have its own entrance to the
outside. Other parts of the building and the parcel containing the building are common pro perty.
CONSERVATION: the planning, management and implementation of an activity with the objective of
protecting the essential physical, chemical and biological characteristics of the environment against
negative impacts.
CONTRACTOR'S YARD: the yard of a contractor or company used as a depot for the storage and
maintenance of equipment used by the contractor or company, and includes facilities for the
administration or management of the business and the stockpiling or storage of supplies use d in the
business.
CONVENIENCE STORE: a store offering for sale primarily food products, beverages, tobacco,
personal care items, hardware and printed matter and which primarily provides a convenient day to
day service to residents in the vicinity.
COST OF REMOVAL: means the total cost to remove the building in its completed form.
COTTAGE WINERY: an establishment primarily engaged in manufacturing wines, brandy, and brandy
spirits from grapes, berries and other agricultural produce, the majority of which is grown on site.
This includes the bottling, storage and sale wines.
COUNCIL: the Council of the Rural Municipality of Weyburn No.67.
RM of Weyburn 6-2013
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COUNTRY RESIDENCE: a dwelling or site whose owner's principal source of household income is
derived from a source other than the principal agricultural use of that site.
COUNTRY RESIDENTIAL DEVELOPMENT: residential development contained within a severance
from an agricultural holding where the essential land requirement is for a residential building site
and space rather than for productive agricultural purposes.
COUNTRY RESIDENTIAL DEVELOPMENT, MULTI-PARCEL: involves high density rural residential
development and may include cluster, multi-unit, linear developments or other suitable design
concepts along roadways where the essential land requirement is for a residential building site and
space, rather than for productive agricultural purposes.
CREMATORIUM: a building fitted with the proper appliances for the purposes of the cremation of
human and animal remains and includes everything incidental or ancillary thereto.
DAYCARE CENTRE: Any kind of group daycare programs including eldercare or aged adults,
nurseries for children of working parents, nursery schools for children und er the age for education
in public schools or parent cooperative nursery schools and programs covering after school care for
school children provided such an establishment is approved by the provincial government and
conducted in accordance with provincial requirements.
DEMOLITION PERMIT: a permit issued for the removal or dismantling of a building or structure wi thin
the Municipality's boundaries as prescribed under Section 13 of The Uniform Building and
Accessibility Standards Act.
DEVELOPMENT: the carrying out of any building, engineering, mining or other operations in, on or
over land or the making of any material change in the use of any building or land, the moving of any
building or structure onto land, the moving of a mobile home or 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 Council to act as a
Development Officer to administer this Bylaw.
DEVELOPMENT PERMIT: a permit issued by the Municipality that authorizes development, but does
not include a Building Permit.
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.
DOMESTIC ANIMAL: an animal, as the horse or cat, that has been tamed and kept by humans as a
work animal, food source, or pet, especially a member of those species that have, through selective
breeding, become notably different from their wild ancestors.
DORMITORY: sleeping quarters or entire buildings primarily providing sleeping and residential
quarters for large numbers of people.
RM of Weyburn 6-2013
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DWELLING: a building or part of a building designed exclusively for residential occupancy.
DWELLING, DUPLEX: a building that is divided into two (2) dwelling units, one upper and one lower,
with separate entrances.
DWELLING, MULTIPLE UNIT: a building containing three (3) or more dwelling units and shall include
condominiums, townhouses, row houses, and apartments as distinct from a rooming house, hotel, or
motel.
DWELLING, SEMI-DETACHED: a building divided into two (2) dwelling units by a common vertical
wall extending from the base of the foundation to the roofline.
DWELLING, SINGLE-DETACHED: a building containing only one (1) dwelling unit, as herein
defined, and occupied or intended to be occupied as a permanent residence, including a RTM
when attached to a conventional foundation on the site, but not including a mobile or modular
home as defined.
DWELLING, TOWN (ROW) HOUSE: a dwelling, designed as one cohesive building in terms of
architectural design, which contains three (3) or more similar attached dwelling units each of which
fronts on a street, has direct access to the outside at grade and is not wholly or partly above an other
dwelling.
Single-Detached Dwelling
Semi Detached Dwelling
RM of Weyburn 6-2013
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DWELLING GROUP: a group of single-detached, semi-detached, or multiple unit dwellings clustered
on one lot or site, built as one development.
DWELLING UNIT: a separate set of living quarters, whether occupied or not, usually containing
sleeping facilities, sanitary facilities and a kitchen or kitchen components, but does not include
boarding houses or rooming units. For the purposes of this definition, "kitc hen components" include,
but are not limited to, cabinets, refrigerators, sinks, stoves, ovens, microwave ovens or other cooking
appliances and kitchen tables and chairs.
ELEVATION: the height of a point on the earth's surface above sea level.
ENVIRONMENTAL RESERVE: lands that have been dedicated to the Municipality by the developer
of a subdivision as part of the subdivision approval process. Environmental Reserves are those lands
that are considered undevelopable and may consist of a swamp, gully, ravine, coulee or natural
drainage course, or may be lands that are subject to flooding or are cons idered unstable.
Environmental Reserve may also be a strip of land, not less than 6.0 metres (19.69 feet) in width,
abutting the bed and shore of any lake, river stream or other body of water for the purposes of
preventing pollution or providing access to the bed and shore of the water body.
ENVIRONMENTAL FARM PLANS (EFP): are voluntary, confidential, self- assessment tools used by
producers to raise awareness about environmental risks and opportunities on their operations. As
part of their EFP, producers develop their own action plans to identify management practices that
can reduce environmental risk on their operations.
ENVIRONMENTALLY SENSITIVE LANDS (See Hazard Land): areas designated as having potential
environmental sensitivities or natural hazard conditions such as unstable slopes, excessive
erodibility, or flooding, or lands that are in proximity to a waterbody, or a municipal or private water
source.
EQUESTRIAN FACILITY (RIDING STABLES): the use of lands, buildings, or structures for the
boarding of horses, the training of horses and riders, and the staging of equestrian events, with or
without charge and with or without general public involvement, but does not include the racing of
horses.
ESSENTIAL YARD SITE FEATURES: features of an existing farmstead which are deemed necessary
for inclusion within a subdivision plan including but not limited to dugouts, shelterbelt plantings and
water wells.
EXISTING: in place or taking place on the date of the adoption of this Bylaw.
Town House Dwelling
RM of Weyburn 6-2013
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FAIRGROUND: the use of land, buildings or structures where the temporary exhibition of music, art,
goods, wares, vehicles and the like are displayed and made available for sale and may include a
midway, place of amusement, rodeo or other similar activities.
FARMERS' MARKET: an occasional or periodic sales activity held in an open area where groups or
individual sellers offer new and used goods, crafts or produce for sale directly to the public but does
not include a retail store, shopping centre or greenhouse.
FARMSTEAD/FARM YARD: the buildings and adjacent essential grounds surrounding a farm.
FARM YARD SITE (SEE ESSENTIAL YARD SITE FEATURES)
FEEDLOT: a fenced area where livestock are confined solely for the purpose of growing or finishing,
and are sustained by means other than grazing.
FENCE: any artificially constructed barrier erected to enclose or screen areas of land.
FENCE, BARBED WIRE: a wire or strand of wires having small pieces of sharply pointed wire twisted
around it at short intervals, used for fencing in livestock, keeping out trespassers, etc.
FENCE, CHAIN-LINK: a mesh fence made of thick steel wire and having a diamond shape pattern.
FENCE, ELECTRIC: a wire fence electrically charged.
FENCE, STRAND: barbed wire, electric fence or any similar fence that once constructed does not visually
shield, block or obscure one are from another.
FILL: soil, rock, rubble, or other approved, non-polluting waste that is transported and placed on the
existing, usually natural, surface of soil or rock, following the removal of vegetation cover, topsoil,
and other organic material.
FINANCIAL SECURITY: an amount paid to the Municipality to ensure compliance of the Bylaw.
FLOOD: a temporary rise in the water level that results in the inundation of an area not ordinarily
covered by water.
FLOOD HAZARD: an area that would be inundated by the design flood.
FLOOD, DESIGN:
a) a 1:500 year flood;
b) a flood having a return period greater than 1:500 years;
c) a recorded flood having a water surface elevation equal to or exceeding that of a 1:500
year flood.
FLOOD LEVEL, DESIGN: the elevation of the design flood.
FLOOD-PROOFING: any combination of structural and non-structural modifications to structures,
buildings or land, which reduces or eliminates flood damage to structures, buildings, development,
land, servicing, environmental and building-contents by using the freeboard elevation.
FLOODWAY: a water body or the channel of a water course, including adjoining lands, which are
required to carry and discharge, or to contain, the design flood with a know n hydraulic impact.
RM of Weyburn 6-2013
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FLOODWAY FRINGE: that part of the flood hazard area which is outside a floodway, but which would
be covered by flood waters.
FREEBOARD ELEVATION: the elevation of the Estimated Peak Water Level plus an extra 0.50
metres (1.64 feet).
FLOOR AREA: the total area of all floors of a building or structure, excluding stairwells, elevator
shafts, equipment rooms, interior vehicular parking, unloading areas and all floors below the first or
ground floor, except when used or intended to be used for human habitation or service to the public.
GAME FARM: land and facilities on which domestic game farm animals are held for commercial
purposes. (See Harvest Preserve).
GARAGE: a building or part of a building used for or intended to be used for the storage of motor
vehicles and wherein neither servicing nor repairing of such vehicles are carried on for remuneration.
GARDEN SUITE: an additional dwelling unit that is separate from and secondary to the principal
single detached dwelling on the residential lands; the unit is to be used by a relative (blood,
marriage, or legal adoption) or caregiver of the resident of the principal single detached dwelling.
GAS BAR: a building or place used for, or intended for the provision of gasoline or diesel fuel and
may or may not include a convenience store.
GENERAL COMMERCIAL TYPE I: those developments where activities and uses are primarily carried
on within an enclosed building intended to provide for the merchandising of refined goods and
services targeted for the travelling public and the surrounding community for financial gain.
GENERAL COMMERCIAL TYPE II: those developments where activities and uses are primarily carried
on within an enclosed building intended to provide for the merchandising of refined goods and
services and in addition may involve outside storage. Some minor manufacturing of goods may occur
inside or outside.
GENERAL INDUSTRY TYPE I: those developments where activities and uses are primarily carried on
within an enclosed building where no significant nuisance factor is created or is apparent outside an
enclosed building. Developments of this type shall not pose, in the opinion of a Municipality, any
significant risk of interfering with the amenity of adjacent sites because of the nature of the site,
materials or processes and shall include but not be limited to the following activities:
a) the assembling of goods, products or equipment;
b) the limited processing of raw, value-added or finished materials;
RM of Weyburn 6-2013
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c) the storage or trans-shipping of materials, goods and equipment;.
d) the training of personnel in general industrial operations.
It may include any indoor display, office, technical or administrative support areas or any sales
operation accessory to the general industrial uses.
GENERAL INDUSTRY TYPE II: those developments in which all or a portion of the activities and uses
are carried on outdoors, without any significant nuisance or environmental factors such as noise,
appearance, or odor, extending beyond the boundaries of the site. Developments of this type shall
not pose, in the opinion of a Municipality, 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, wher e such
operations have impacts that would make them incompatible in non -industrial districts.
GENERAL INDUSTRY TYPE III (EXCLUSIONARY USES): refers to certain industrial activities that
maybe characterized as exhibiting a high potential for adversely affecting the safety, use, amenity
or enjoyment of adjacent and nearby industrial and non-industrial sites due to their scale,
appearance, noise, odor, emissions and hazard potential. Such activities are considered
exclusionary when the only means of mitigating the associated negative effects on surrounding land
uses is through spatial separation. Such uses would include but no t be limited to the following:
landfill, ethanol plant, transformer stations, uranium refiners, anhydrous ammonia storage and
distribution centres.
GEOTECHNICAL ASSESSMENT: an assessment or estimation by a qualified expert of the earth's
subsurface and the quality and/or quantity of environmentally mitigative measures that would be
necessary for development to occur.
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, but excludes the growth of cannabis.
GREENHOUSE, INDUSTRIAL: a greenhouse intended to serve intermediate industrial and retail
markets with large quantities of horticultural supplies, not including consumer retail or the growth of
cannabis.
GREENWAYS: a linear park which may accommodate pathways principally for foot traffic and/or
bicycles. Typically, greenways are planned along creeks, streams or rivers and managed as natural
environments, or bikeways along landscaped roads.
RM of Weyburn 6-2013
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GROSS SURFACE AREA: the area of the rectangle or square within which the face of a sign can be
completely contained, exclusive of any supporting structure or, where a sign has more than one face
or the face of the sign is not flat, the rectangle within which the largest area of the face of the sign
in profile can be completely contained exclusive of any supporting structure.
HALL: a building or part of a building, in which facilities are provided for such purposes as meetings
for civic, educational, political, religious or social purposes and may include a banquet hall, private
club or fraternal organization.
HAMLET: a small, rural, unincorporated community that includes a limited number of land uses,
typically single family dwellings and rural commercial, where infill, minor expansion and
diversification of support services may occur.
HARVEST PRESERVE: an area of deeded private land fenced for the purpose of management,
control, and harvesting of domestic game farm animals. Harvest preserves are regulated by The
Domestic Game Farm Animal Regulations.
HAZARD LAND: land which may be prone to flooding, slumping, landslides, or erosion or any other
instability, or is a flood plain or watercourse.
HAZARDOUS SUBSTANCE: a substance that, because of its quality, concentration or physical,
chemical or infectious characteristics, either individually or in combination with other substances on
the site is an existing or potential threat to the physical environment, to human h ealth or to other
living organisms.
HAZARDOUS USES: a development which may generate any of the following characteristics:
a) Excessive noise, odor, dust, vibration;
b) Offensive emissions;
c) Involves dangerous or toxic materials, chemicals and wastes;
d) Air, water or soil pollution;
e) Land use incompatibility;
f) Reduced public safety, and may include auto-wrecking, fertilizer, asphalt, chemical
and grain handling uses.
HELO-STOP (LIMITED USE): any landing area used for the taking off and the landing of private
helicopters for the purpose of picking up and discharging passengers or cargo and is not open to
use by any helicopter without permission having been obtained.
HERITAGE PROPERTY: Any property, whether by a work of nature or of man, that is of interest for
its archaeological, historic, cultural, environmental, aesthetic or scientific value, and includes a site
where archaeological, historic, paleontological, cultural or scientifi c property is, or may reasonably
be expected to be found, or as otherwise defined in The Heritage Property Act and regulations.
HERITAGE RESOURCE: the history, culture and historical resources of an area or community.
HOME-BASED BUSINESS: an accessory use carried on by occupant(s) as a business conducted for
gain in whole or in part in a dwelling unit or an accessory building to a dwelling unit, excluding
cannabis.
HOME OCCUPATION: an accessory use carried on as an occupation conducted for gain in a dwelling
unit solely by the resident or residents, excluding cannabis.
RM of Weyburn 6-2013
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HORTICULTURE: the culture or growing of garden plants. Horticulturists work in plant propagation,
crop production, plant breeding and genetic engineering, plant biochemistry, plant physiology, and
the storage, processing, and transportation of fruits, berries, nuts, ve getables, flowers, trees,
shrubs, and turf.
HOTEL/MOTEL: A building or buildings or part thereof on the same site used to accommodate the
traveling public for gain or profit, by supplying them with sleeping accommodation, with or without
meals.
HOUSE/SHOP COMBINATION BUILDING: a building containing a one unit dwelling as well as
separate shop space, and placed on a permanent foundation, constructed to National Building Code
standards, with fire separations and safety measures as required by NBC.
INCIDENTAL SIGNS (SEE SIGNS)
INDUSTRIAL PARK: an industrial park is an area of land set aside for industrial development.
Industrial parks are usually located close to transportation facilities, especially where more than one
transport modality (inter-modal) coincides: highways, railroads, airports, and navigable rivers.
INDUSTRIAL USE: the use of land, buildings or structures for the manufacturing, assembling,
processing, fabrication, warehousing or storage of goods and materials.
INNOVATIVE DEVELOPMENT: developments that include alternative design features.
INSTITUTIONAL USE: a use of land, buildings or structures for a public or non-profit purpose and
without limiting the generality of the foregoing, may include such uses as schools, places of worship,
indoor recreation facilities, community centres, and government buildings.
INTENSIVE AGRICULTURE: an intensified system of tillage and animal husbandry from the
concentrated raising of crops or the concentrated rearing or keeping, on a continuous basis, of
livestock, poultry or other products for market and without restricting the generality of the ab ove
includes:
a) feed lots;
b) livestock operation (hogs, chickens, etc.);
c) sod farms;
d) market gardens;
e) greenhouses; and
f)
nurseries and other similar uses.
INTERNAL SUBDIVISION ROAD: a road that is integral to the traffic circulation of a particular subdivision.
INTENSIVE LIVESTOCK OPERATION: the confining of any of the following animals, where the space
per animal unit is less than 370 m² (3,982.78 ft²):
a) poultry
b) hogs
c) sheep
d) goats
e) cattle
f)
horses
g) any other prescribed animals.
RM of Weyburn 6-2013
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INTERSECTION: means an area where two or more streets or lands meet or cross at grade.
IRRIGATION POND: a pond established to hold water for irrigation in supporting landscape not to
exceed an area of 2,500 ft².
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 planters;
b) hard landscaping consisting of non-vegetative materials such as concrete, curbing, unit
pavers, brick pavers or quarry tile, but does not include gravel, shale, or asphalt.
LANDSCAPING ESTABLISHMENT: the yard of a landscaping contractor or company used as a depot
for the storage and maintenance of equipment used by the contractor or company, and includes
facilities for the administration or management of the business and the stockpiling or storage of
supplies used in the business.
LAND USE MAP: a comprehensive document compiled by a local government that identifies goals
and strategies for future development or preservation of land. In its projections, the map specifies
certain areas for residential growth and others for agriculture, industry, c ommercial and
conservation.
LAND USE ZONING DISTRICT: divisions identified in the Zoning Bylaw establishing Permitted and
Discretionary Uses of land or buildings with attendant regulations.
LEGAL ACCESS: a lot or parcel shall be considered as having legal access for the purposes of
development when the lot or parcel is adjacent to a municipally maintained road, and meets the
frontage requirements of appropriate Zoning District hosting the development.
LIVESTOCK: domesticated animals used primarily as beasts of burden or for the production of fur,
hides, meat, milk, eggs or other product, or as breeding stock, but excluding companion animals.
LOT: a parcel of land of a subdivision, the plan of which has been filed or registered in the Land
Titles Office.
MANUFACTURED HOME (SEE MOBILE HOME)
RM of Weyburn 6-2013
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MANUFACTURING ESTABLISHMENT: a firm or business engaged in the mechanical or chemical
transformation of materials or substances into new products including the assembling of components
parts, the manufacturing of products and the blending of materials.
MANUFACTURING AND/OR ASSEMBLY, LIGHT: the manufacturing, processing, packaging or
assembly of semi-finished or finished goods, products or equipment and includes the storage and
transportation of such goods, products or equipment.
MARGINAL LANDS (SEE CANADA LAND INVENTORY (C.L.I.) SOIL CLASS RATING SYSTEM)
MARKET GARDEN (SEE INTENSIVE AGRICULTURE)
MAUSOLEUM: a building or other structure used as a place for the interment of the dead in sealed
crypts or compartments.
METEROLOGICAL TOWER (METEROLOGICAL ELEVATION TOWER (MET)): are used to verify wind
characteristics at a potential site for wind energy.
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 (MANUFACTURED HOME): A prefabricated dwelling supported on a longitudinal steel
frame, typically constructed with 2' x 6' walls and mounted on a surface foundation, has water faucets
and shower or other bathing facilities that may be connected to a water distribution system; and has
facilities for washing and a water closet or other similar facility that may be connected to a sewage
system, that may be used as a dwelling all year round. Generally mobile homes have a Length/Width
ratio greater than 2.
MOBILE HOME PARK: a site under single management for the placement of two or more mobile
homes and shall include all accessory buildings necessary to the operation.
MOBILE HOME SUBDIVISION: means any residential subdivision of land containing lots under either
freehold or leasehold tenure for the purpose of accommodating mobile homes in such manner that
each home is situated on its own lot and in which all lots, public open spaces, internal s treets and
lanes and buffer zones and other amenity areas form a contiguous area of development.
Double-Wide Mobile Home
RM of Weyburn 6-2013
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MODULAR HOME: a building that is manufactured in a factory as a whole or modular unit customarily
assembled on-site to be used as one single dwelling unit and is certified by the manufacturer that it
complies with the Canadian Standards Association standards, and is placed on a permanent
foundation.
MULTI-PARCEL: more than two (2) parcels.
MUNICIPALITY: the Rural Municipality of Weyburn No. 67.
MUNICIPAL RESERVE: are dedicated lands:
a) that are provided to a Municipality pursuant to clause 189(a) of The Planning and
Development Act, 2007 for public use; or
b) that were dedicated as public reserve and transferred to a Municipality pursuant to section
196, whether or not title to those lands has been issued in the name of the Municipality;
MUNICIPAL ROAD: a public road which is subject to the direction, control and management of the
municipality, and includes an internal subdivision road.
MUSEUM: an institution that is established for the purpose of acquiring, conserving, studying,
interpreting, assembling and exhibiting to the public for its instruction and enjoyment, a collection of
artifacts of historical interest.
NATURAL AREAS: an area relatively undisturbed by human activities and characterized by
indigenous species including remnant or self-sustaining areas with native vegetation, water, or
natural features.
NATURAL RESOURCES: the renewable resources of Saskatchewan and includes:
a) fish within the meaning of The Fisheries Act;
b) wildlife within the meaning of The Wildlife Act, 1998;
c) forest products within the meaning of The Forest Resources Management Act;
d) resource lands and provincial forest lands within the meaning of The Resource Lands
Regulations,1989;
e) ecological reserves within the meaning of The Ecological Reserves Act;
f)
other living components of ecosystems within resource lands, provincial forest lands and
other lands managed by the department.
NON-CONFORMING BUILDING: a building that:
a) is lawfully constructed or lawfully under construction, or with respect to which all required
permits have been issued, at the date a Zoning Bylaw or any amendment to a Zoning Bylaw
Modular (Manufactured) Home
RM of Weyburn 6-2013
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affecting the building or land on which the building is situated or will be situated becomes
effective;
b) on the date a Zoning Bylaw or any amendment to a Zoning Bylaw becomes effective does
not, or when constructed will not, comply with the Zoning Bylaw.
NON-CONFORMING SITE: a site consisting of one or more contiguous parcels that, on the date a
Zoning Bylaw or any amendment to a Zoning Bylaw becomes effective, contains a use that conforms
to the Bylaw, but the site area or site dimensions do not conform to the standards of the Bylaw for
that use.
NON-CONFORMING USE: a lawful specific use:
a) being made of land or a building or intended to be made of land or of a building lawfully under
construction, or with respect to which all required permits have been issued, at the date a
Zoning Bylaw or any amendment to a Zoning Bylaw affecting the land o r building becomes
effective; and
b) that on the date a Zoning Bylaw or any amendment to a Zoning Bylaw becomes effective does
not, or in the case of a building under construction or with respect to which all required permits
have been issued will not, comply with the Zoning Bylaw.
NORMALLY ACCEPTED AGRICULTURAL PRACTICES: a practice that is conducted in a prudent and
proper manner that is consistent with accepted customs and standards followed by similar
agricultural operations under similar circumstances, in conformance with The Agricultural Operations
Act, 1995. This includes the use of innovative technology or advanced management practices in
appropriate circumstances conducted in conformity with any standards established pursuant to the
regulations and meets acceptable standards for establishment and expansion.
OFFICE OR OFFICE BUILDING: a building or part of a building used primarily for conducting the
affairs of a business, profession, service, industry, or government in which no goods or commodities
of business or trade are stored, trans-shipped, sold or processed.
OPEN SPACE: passive and structured leisure and recreation areas that enhance the aesthetic quality
and conserve the environment of the community. Urban and rural open space includes parks,
recreation and tourism nodes, and natural areas.
PARK MODEL TRAILER/UNIT: a unit designed to facilitate occasional relocation, with living
quarters for a temporary or seasonal use; has water faucets and shower or other bathing facilities
that may be connected to a water distribution system; and has facilities for washing and a wa ter
closet or other similar facility that may be connected to a sewage system. It has a gross floor area
not exceeding 50 m2 (540 ft2). CSA Number Z241.
PARKING LOT: an open area, other than a street, used for the temporary parking of more than four
vehicles and available for public use and the use of employees working on, or from, the site.
Park Model Trailer 102
Park Model Recreational Unit
RM of Weyburn 6-2013
29
PARKING SPACE: a space within a building, parking lot or area used for the parking of one (1)
vehicle, including convenient access to a public lane or road.
PASTURE: a site that is used for the raising and feeding of livestock by grazing.
PERMANENT FOUNDATION: the lower portion of a building; usually concrete, masonry, or an
engineered wood basement which renders the structure fixed and immobile.
PERMITTED USE: the use of land, buildings, or other structures that shall be permitted in a Zoning
District where all requirements of this Zoning Bylaw are met.
PERSONAL SERVICE TRADE: a business associated with the grooming of persons or the
maintenance or repair of personal wardrobe articles and accessories and may include:
-
beauty salons and barber shops
-
shoe repair
-
self-serve laundry
-
tailor or seamstress
-
massage services
-
tanning beds
but does not include the provision of health related services.
PHOTOVOLTAICS (PV) OR CONCENTRATED PHOTOVOLTAICS (CPV): is a technology that converts
light directly into electricity.
PLACES OF WORSHIP: a place used for worship and related religious, philanthropic or social
activities and includes accessory rectories, manses, meeting rooms and other buildings. Typical
uses include churches, chapels, mosques, temples, synagogues and parish halls.
PLANNED UNIT DEVELOPMENT: a comprehensive development which may be composed of a
mixture of residential, commercial, industrial; and mixed uses with recreational and open space
incorporated into the design.
PRIME LANDS (SEE CANADA LAND INVENTORY (C.L.I.) SOIL CLASS RATING SYSTEM)
PRINCIPAL BUILDING/STRUCTURE: means a building or structure which, in the opinion of the Council:
a) Occupies the major central portion of a site; or
b) Is the main building among ne or more buildings on the site; or
c) Constitutes by reason of its use the primary purpose for which the site is used; and
d) There shall be no more than one principal building on each site unless approved by council as
outlined in this Bylaw.
PRINCIPAL USE: means the main or primary activity, for which a site or its builds are designated,
arranged, developed or intended, or for which it is occupied or maintained. There shall be no more than
on principal use on a site unless approved by council as outlines in this Bylaw.
PRIMARY ACCESS: the principal means of vehicular entry to or from a site or building, but shall not
include a lane.
RM of Weyburn 6-2013
30
PROVINCE: Province of Saskatchewan.
PUBLIC UTILITY: a system, work, plant, equipment, or service, whether owned or operated by the
Municipality, or by a corporation under federal or provincial statute, that furnishes any of the
following services and facilities to, or for the use of, the inhabitants of the Municipality:
a) communication by way of telephone lines, optical cable, microwave, and cable television
services;
b) delivery of water, natural gas, and electricity;
c) public transportation by bus, rail, or other vehicle;
d) collection and disposal of sewage, garbage, and other wastes;
e) fire and police services.
PUBLIC UTILITY, LINEAR: linear or private utilities including, but not limited to, roads,
communication lines, rail, power and natural gas lines and similar linear uses.
PUBLIC UTILITY, SERVICE: those non-linear utilities which may potentially conflict with other land
uses, including, but not limited to: airports, microwave or communication towers, wind towers, water
reservoirs, sewage lagoons, landfills, gas compressor stations, large electrical t ransformer stations
and similar potentially conflicting service utilities.
PUBLIC WORKS: a facility as defined under The Planning and Development Act, 2007.
QUARTER SECTION: 64.8 ha (160 acres) or a lesser amount that remains due to the original township
survey, road widening, road right-of-way or railway plans, drainage ditch, pipeline or transmission
line development, or other public utility; or natural features such as wat er courses or water bodies.
RACETRACK: a place designed and equipped for the racing of motorized vehicles or horses and
includes facilities for administration and management of the business.
RAILWAY FREIGHT YARDS: the use of land, or building or structure or part thereof for activities
directly associated with the operation of a railway. Without limiting the generality of the foregoing,
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, wood framed, conventional dwelling
which construction is comparable to on-site construction but is constructed off-site to National
Building Code standards to customarily be moved in one piece onto a new conventional permanent
building foundation.
RTM (Ready to Move) Home
RM of Weyburn 6-2013
31
REAL ESTATE SIGNAGE (SEE SIGNAGE)
REDESIGNATION: rezoning.
RECREATIONAL USE: a public or private facility or amenity, a joint-use site or a park or playground
that serves the surrounding neighbourhood or community.
RECREATION, INTEGRATED: public or private recreational facilities located in or adjacent to a multi -
parcel country residential subdivision for the purpose of providing recreational opportunities and
services to a local population.
RECREATIONAL, COMMERCIAL: a public or private facility or amenity, a joint-use site or a park or
playground the serves the surrounding neighbourhood with an intent to produce financial gain.
RECREATIONAL VEHICLE: a vehicle used for personal pleasure or travels by an individual or a
family which may or may not be towed behind a principle vehicle; notwithstanding the generality of
the above may include:
a) Motor homes
b) Camper Trailers
c) Boats
d) Snowmobiles
e) Motorcycles
RECYCLING AND COLLECTION DEPOT (COMMERCIAL): a building or series of buildings intended
to accommodate the collection, sorting, processing and temporary storage of recyclable materials
including: the collection and storage of oil, solvents or other hazardous materials, processing of
recyclable material other than compaction, and accommodates outdoor compaction or storage.
REEVE: the Reeve of the Rural Municipality of Weyburn No.67.
RENEWABLE ENERGY: means the generation of energy for Commercial or Residential use, from
wind, solar, geothermal, hydro or other sources that do not depend on finite, non -renewable
resources, such as fossil fuels.
RENOVATION (SEE ALTERATION)
RESIDENTIAL: the use of land, buildings, or structures for human habitation.
RESIDENTIAL CARE HOME: a facility which:
Motor Home - Camping Trailer
RM of Weyburn 6-2013
32
a) provides meals, lodging, supervisory personal or nursing care to persons who reside therein
for a period of not less than thirty days; and
b) is duly licensed by the Province of Saskatchewan or certified as approved by the Province
of Saskatchewan under an Act which provides for such licensing or certification as the case
may be; and
c) may include only the principal residence of the operator or administrator.
RESIDUAL PARCEL: the acreage remaining in agriculture resulting and independent of the
subdivision of an agricultural holding for non-agricultural purposes.
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 featu res. Sometimes, road rights-of-way
are left vacant after the initial roadway facility is constructed to allow for future expansion.
RIPARIAN: the areas adjacent to any streams, rivers, lakes or wetlands.
ROADS, FLANKING: a roadway constructed to the side of a lot, parcel or site.
RTM (SEE READY-TO-MOVE DWELLING)
SALVAGE YARD (WRECKING): a parcel of land where second-hand, discarded or scrap materials
are bought, sold, exchanged, stored, processed or handled. Materials include scrap iron, structural
steel, rags, rubber tires, discarded goods, equipment, appliances or machinery. The term a lso
includes a site for collection, sorting, storing and processing of paper products, glass, plastics,
aluminum or tin cans prior to shipment for remanufacture into new materials.
SCALE OF DEVELOPMENT: the total acreage intended to accommodate a multi-parcel country
residential subdivision.
SCHOOL: a body of pupils that is organized as a unit for educational purposes under the jurisdiction
of a board of education or of the Saskatchewan Ministry of Education and that comprises one or
more instructional groups or classes, together with the principal and teaching staff and other
employees assigned to such body of pupils, and includes the land, buildings or other premises and
permanent improvements used by and in connection with that body of pupils.
SCREENING OR SCREENING DEVICE: the use of vegetation, berms, fences, walls and similar
structures to visually shield, block or obscure one area from another.
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.
RM of Weyburn 6-2013
33
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.
SIGN, 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 sire other
than the site on which the sign is located.
SIGN, DIRECTIONAL: signage located off-site providing direction to and information about a specific
enterprise or activity which does not contain general advertising.
SIGN, FREE-STANDING: a sign, except a billboard, independently supported and visibly separated
from a building or other structure and permanently fixed to the ground.
Location and measurement of
setbacks
RM of Weyburn 6-2013
34
SIGN, HEIGHT OF THE: the vertical distance measured from the highest point of the sign to grade
level at the centre of the sign.
SIGN, INCIDENTAL: are signs located on a development site which are intended for the direction of
control of traffic, pedestrians or parking and which do not contain any advertising.
SIGN, OFF-PREMISE IDENTIFICATION: a sign that is located separate and apart from the land on
which the business or activity is located.
SIGN, REAL ESTATE: signage directly associated with the sale of property in which it is located and
which maintains a gross surface area of less than 1 m².
SITE: an area of land, consisting of one or more lots consolidated under a single Certificate of Title,
considered as a unit devoted to a certain use or occupied by a building or a permitted group of
buildings, and the customary accessories and open spaces belonging to the same.
SITE AREA: the total horizontal area within the site lines of a site.
SITE CORNER: a site at the intersection of two or more public streets, or upon two parts of the same
street, the adjacent sides of which street or streets (or, in the case of a curved corner, the tangents
at the street extremities of the side site lines) contain an an gle of not more than one hundred and
thirty-five degrees (135°). In the case of a curved corner, the corner of the site shall be that point
on the street at the point of intersection of the said tangents.
SITE DEPTH: the horizontal distance between the front site and rear site lines, but where the front
and rear site lines are not parallel the site depth is the length of a line joining the midpoint of such
site lines.
SITE DRAINAGE PLAN: means a plan which shows the existing and proposed topography of a site, with
contour intervals as drawn to scale, with appropriate dimensions and sufficient topographic spot elevations
to adequately demonstrate to the Development Officer that the proposed drainage pattern will not have
an adverse effect on neighbouring properties and streets.
SITE FRONTAGE: the boundary that divides the site from the street or road. In the case of a corner
site, the front site line shall mean the boundary separating the narrowest street frontage of the site
from the street. Site frontage for a non-rectangular site shall be defined as the mean of the measured
front and rear site lines. Site frontage does not mean front yard.
SITE LINE: any boundary of a site, front, rear or side.
SITE TRIANGLE: means the triangular area formed, on corner sites, by intersection front and sire site
lines at an intersection (refer to section 4.26).
SITE WIDTH: the horizontal distance between the side boundaries of the site measured at a distance
from the front lot line equal to the minimum front yard required for the district in which the site is
located.
SOLAR ARRAY: means one or more Solar Panels plus the mounting structure for the devices.
SOLAR ARRAY, GROUND MOUNT: means a Solar Array that is mounted on a stand-alone structure
mounted on the ground, on tower(s), or on pole(s) specifically intended for the array. A Solar Energy
RM of Weyburn 6-2013
35
System incorporating a Solar Array, Ground Mount can be used to provide energy service to buildings
located on or off site, or to the electrical grid.
SOLAR ARRAY, ROOF MOUNT: means a Solar Array that is mounted on the roof of a structure.
SOLAR ENERGY SYSTEM: means a system of components that convert energy contained in the
sunlight to be converted into electricity.
SOLAR PANEL: a panel designed to absorb the sun's rays as a source of energy for generating
electricity.
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, t emples);
or local, state and federal governments.
STOCKYARD: an enclosed yard where livestock is kept temporarily.
STOREY: the space between the top of any floor and the top of the next floor above it; and if there
is no floor above it, the portion between the top of the floor and the ceiling above it.
STREET (ROAD): a site owned by the Provincial Crown which provides the principal legal public
vehicular access to abutting sites, but shall not include an easement or lane.
SUBDIVISION: a division of land, and includes a division of a quarter section into legal subdivisions
as described in the regulations made pursuant to The Land Surveys Act, 2000.
TAVERN: an establishment, or portion thereof, where the primary business is the sale of beverage
alcohol for consumption on the premises, with or without food, and where no live entertainment or
dance floor is permitted. A brew pub may be considered a tavern if beverage alcohol is manufactured
and consumed on site under a valid manufacturer's permit in accordance with the Alcohol Control
Regulations.
(TELE)COMMUNICATION FACILITY: a structure situated on a non-residential site that is intended for
transmitting or receiving television, radio, or telephone communications, excluding those used
exclusively for dispatch communications.
TEMPORARY SIGN: a sign which is not permanently installed or affixed in position, advertising a
product or activity on a limited basis.
TOWER:
any
structure
used
for
the
transmission
or
reception
of
radio,
television,
telecommunications, mechanical or electrical energy for industrial, commercial, private or public
uses, or for the storage of any substance of liquid.
RM of Weyburn 6-2013
36
TOWER HEIGHT: the height above-ground of the fixed portion of the tower, excluding any wind
turbine and rotors.
TRAFFIC CONTROL SIGNAGE: a sign, signal, marking or any device placed or erected by the
Municipality or Saskatchewan Ministry of Highways and Infrastructure.
TRAILER COACH: any vehicle used or constructed in such a way as to enable it to be used as a
conveyance upon public streets or highways and includes a self-propelled or non-self-propelled
vehicle designed, constructed or reconstructed in such a manner as will permit the occupancy thereof
as a dwelling or sleeping place for one or more persons notwithstanding that its running gear is
removed or that it is jacked up.
TRAILER COURT: any site on which two or more occupied trailer coaches are permitted to be
harboured, whether or not a charge is made or paid, and includes any building or structure used or
intended for use as a part of the equipment of such trailer court, but shall not include an industrial
or construction camp, or a mobile home park.
TRUCKING FIRM ESTABLISHMENT: the use of land, buildings or structures for the purpose of
storing, servicing, repairing, or loading trucks, transport trailers and/or buses, but does not include
automobile service stations or transportation sales or rental outlets.
USE: the purpose or activity for which any land, building, structure, or premises, or part thereof is
arranged, designed, or intended, or for which these may be occupied or maintained.
VACATION FARM: an operating farm which may, on a day basis or for overnight purposes, offer a
farm life experience to groups, families, or individuals and which may provide either or both of the
following:
a) rental accommodation in the farm dwelling or adjacent private cabins comprising one or more
rooms furnished in such a way to enable the preparation of meals if full board is not provided;
b) a tract of land on which one or more camping, tenting or parking sites is located, and the
provision of electricity, potable water and toilet facilities to any of the persons, families,
groups occupying any of such sites.
VALUE-ADDED: the increase in value generated by a company or individual through the additional
processing or sale of raw materials along the production chain.
VERTICAL INTEGRATION: the accommodation of multiple complimentary activities which could be
considered principal permitted uses under single or multiple ownership within one or more buildings
on a single parcel where these uses are considered to provide additional processing and/or the sale
of manufactured goods produced on-site.
VETERINARY CLINICS (SEE CLINICS)
WAREHOUSE: a building used for the storage and distribution or wholesaling of goods and materials.
WASTE DISPOSAL FACILITY, LIQUID: a facility to accommodate any waste which contains animal,
aggregate or vegetable matter in solution or suspension, but does not include a septic system for a
single residence or farmstead, or a manure storage area for an intensive livestock operation.
WASTE DISPOSAL FACILITY, SOLID: a facility, not including a waste transfer station or a temporary
storage facility, to accommodate discarded materials, substances or objects which originated from
RM of Weyburn 6-2013
37
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 run-off drains into a stream, channel, lake, reservoir,
or other body of water; also called a drainage basin.
WETLAND: land having the water table at, near, or above the land surface or which is saturated for
a long enough period to promote wetland or aquatic processes as indicated by hydric soils,
hydrophytes ("water loving") vegetation, and various kinds of biological activity which are adapted
to the wet environment.
WIND ENERGY SYSTEM (SMALL): any wind energy conversion system consisting of a wind turbine,
a tower and associated control or conversion electronics, which has a rated capacity of not more
than 300 kW, and is intended to provide electrical power for use on -site (either behind the meter or
off-grid) and is not intended or used to produce power for resale.
WIND FARM: a group of wind turbines in the same location used for the production of electric power.
Individual turbines are generally interconnected with voltage power collection and transmission
systems.
WINDMILL: A rotating machine which converts kinetic wind energy directly to mechanical energy for
traditional agricultural purposes such as pumping water.
WIND TURBINE/WIND POWER UNIT: A rotating machine which converts kinetic wind energy into
mechanical energy and then electrical energy primarily for private use.
YARD: the open, unoccupied space on a lot between the property line and the nearest wall of a
building and any part of a site unoccupied and unobstructed by a principal building or structure,
unless authorized in this Bylaw.
YARD, FRONT: that part of a site abutting a road which extends across the full width of a site
between the front site line and the nearest main wall of a building or structure.
YARD, REAR: that part of a site which extends across the full width of a site between the rear site
line and the nearest main wall of a building or structure.
YARD, REQUIRED: the minimum yard required by a provision of this Bylaw.
YARD, SIDE: the part of a site which extends from a front yard to the rear yard between the side line
of a site and the nearest main wall of a building or structure.
RM of Weyburn 6-2013
38
RM of Weyburn 6-2013
39
METRIC CONVERSION TABLES
Distance (metres - feet)
0.6 metres
2 ft
15 metres
49 ft
1.5 metres
5 ft
15.3 metres
50 ft
1.8 metres
6 ft
17.0 metres
55 ft
2.0 metres
7 ft
19.8 metres
65 ft
2.5 metres
8 ft
30 metres
98 ft
3.0 metres
10 ft
46 metres
150 ft
4.2 metres
14 ft
50 metres
164 ft
4.5 metres
15 ft
75 metres
246 ft
5.0 metres
16 ft
80 metres
262 ft
5.5 metres
18 ft
90 metres
295 ft
6.0 metres
20 ft
100 metres
328 ft
6.5 metres
21 ft
150 metres
492 ft
7.6 metres
25 ft
200 metres
656 ft
10 metres
33 ft
230 metres
755 ft
11 metres
36 ft
305 metres
1000 ft
12 metres
39 ft
467 metres
1532 ft
RM of Weyburn 6-2013
40
Distance (kilometers - miles)
Area
.5 km
.31 miles
1.0 m2
10.76 ft2
.6 km
.37 miles
5.0 m2
53.8 ft2
.8 km
.5 miles
9.3 m2
100 ft2
1 km
.62 miles
67 m2
721 ft2
1.6 km
1 mile
100 m2
1076.39 ft2
2.4 km
1.5 miles
178 m2
1916 ft2
3.2 km
2 miles
370 m2
.09 acre
4,000 ft2
.09 acre
43,560 ft2
1 acre
0.8 hectare
2 acres
1 hectare
2.47 acres
2 hectares
5 acres
8 hectares
20 acres
64.8 hectares
160 acres
RM of Weyburn 6-2013
41
3
ADMINISTRATION AND INTERPRETATION
3.1
DEVELOPMENT OFFICER
.1
The Development Officer of the Rural Municipality of Weyburn No. 67 shall be appointed by
the Council of the Rural Municipality of Weyburn No. 67.
.2
The Development Officer shall:
a) Receive, record, and review Development Permit applications and issue decisions
in consultation with Council, and particularly those 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 Government Relations, 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 and Zoning Bylaw.
RM of Weyburn 6-2013
42
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 Development
Permit application form in Appendix A).
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 3.5 of this
Bylaw, no development or use shall commence without a Development Permit first being
obtained.
3.4
CONCURRENT PROCESSING OF DEVELOPMENT PERMITS, BUILDING
PERMITS AND OTHER REQUIREMENTS
A Building Permit, where required, shall not be issued unless a Developmen t Permit has been
issued, or is issued concurrently. Nothing in this Bylaw shall exempt any person from complying
with a building Bylaw, or any other Bylaw in force within the Municipality, or from obtaining any
permission required by this, or any other Bylaw of the Municipality, the Province or the federal
government.
3.5
DEVELOPMENT NOT REQUIRING A PERMIT
The following developments shall be exempt from Development Permit requirements, but shall
conform to all other Bylaw requirements (e.g., setbacks, site triangles, environmental and
development standards, etc.):
.1
Agricultural Resource District
a) General agricultural uses including cropping, ranching, grazing of livestock,
orchards, horticulture, or gardens and other similar uses;
b) Accessory buildings and structures under 13.3 m² (144 ft²) where applied to a
principal use established by this Bylaw;
c) The erection of a fence of gate to a maximum height of 1.8 metres (6 feet);
d) Landscaping areas, driveways and parking lots, providing natural or designed
drainage patterns of the site and adjacent sires are not adversely impacted;
RM of Weyburn 6-2013
43
.2
Country Residential District & Hamlet District
a) Accessory buildings and structures under 13.3 m² (144 ft²) where applied to the
principal use established by this Bylaw;
b) The erection of any fence or gate to a maximum height of 1.8 metres (6 feet);
a. Landscaping areas, driveways and parking lots, providing natural or designed
drainage patterns of the site and adjacent sires are not adversely impacted;
.3
High Profile Commercial Light Industrial District & Industrial District
a) Accessory buildings and structures under 13.3 m² (144 ft²) where applied to the
principal use established by this Bylaw;
b) The erection of any fence or gate to a maximum height of 1.8 metres (6 feet;
c) Landscaping areas, driveways and parking lots, providing natural or designed
drainage patterns of the site and adjacent sires are not adversely impacted;
.4
Uses and buildings undertaken, erected, or operated by the Rural Municipality of Weyburn
No. 67.
.5
Public works, any operation for the purpose of inspecting, repairing or renewing sewers,
mains, cables, pipes, wires, tracks or similar public works as required by the public utility,
and the installation of service connections to property in the municipal ity.
.6
Maintenance:
a. Maintenance and repairs such as painting, mechanical or electrical work, but do not
include any structural alterations, or altering doorways or windows in accordance with
the National Building Code.
3.6
CONCEPT PLANS (COMPREHENSIVE DEVELOPMENT REVIEW)
.1
A Concept Plan (Comprehensive Development Review) shall be completed prior to
consideration of an application by Council by any person proposing to rezone, subdivide, or
re-subdivide land for multi-parcel country residential, commercial or industrial purposes.
The purpose of this review is to identify and address social, environmental, compatibility,
health and economic issues and to encourage high quality development. The scope and
required detail of the Concept Plan will be based on the scale and locatio n of the proposed
development, and address the following:
a) Proposed land use(s) for various parts of the area;
b) The effect on adjacent land uses and integration of the natural landscape regarding
the planning and design of the area;
c) The location of, and access to, major transportation routes and utility corridors;
d) The provision of services respecting the planning for future infrastructure ;
e) Sustainable development and environmental management practices regarding
surface and groundwater resources, flooding and protection of significant natural
areas; and
RM of Weyburn 6-2013
44
f)
Appropriate information specific to the particular land use (residential, commercial
or industrial).
2.
The Concept Plan (Comprehensive Development Review) must be prepared in accordance
with the overall goals and objectives of the Official Community Plan. Council shall not
consider any development application until all required information has been received.
The responsibility for undertaking all administrative reviews, technical investigations and
hosting public meetings as required shall be borne solely by the applicant.
3.7
DEVELOPMENT PERMIT PROCEDURE
.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.
.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 Sun Country or appropriate 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 at tached 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 in the General
Regulations section 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 (12) months unless otherwise
stipulated when the permit is issued.
RM of Weyburn 6-2013
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.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 Development Officer 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 Development Officer may reinstate the
Development Permit and notify the permit holder that the permit is valid and in force.
3.8
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.
b) The Development Officer shall examine the application for conformance with the
Official Community Plan, this Bylaw, and any other applicable policies and
regulations and shall advise the Council as soon as practical.
c) Council may refer the application to whichever government agencies or interested
groups, as Council may consider appropriate. Council also may require the
application to be reviewed by planning, engineering, legal, or other professionals,
with the cost of this review to be borne by the applicant.
d) The Development Officer 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.
e) 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.
f)
The Development Officer will give notice by regular mail that the application has
been filed to the assessed owners of property within 75.0 metres of the boundary
with the applicant's land and provide notification of the upcoming public hearing
and an opportunity for them to provide written comment on the proposal.
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.
RM of Weyburn 6-2013
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.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 area, and with land uses in the general area, including
safeguards to prevent noise, glare, dust, or odour from affecting nearby properties.
b) The proposal must provide adequate access and circulation for the vehicle traffic
generated, as well as providing an adequate supply of on-site parking and loading
spaces; and
c) The proposal must provide sufficient landscaping and screening, and, wherever
possible, shall preserve existing vegetation.
.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.
RM of Weyburn 6-2013
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3.9
INTERPRETATION
.1
Where any provision of this Bylaw appears unclear, Council shall make the final Bylaw
interpretation.
.2
All Bylaw requirements shall be based on the stated metric units. The imperial units shown
in this Bylaw shall be approximate guidelines only.
3.10 REFUSAL OF DEVELOPMENT PERMIT APPLICATION
.1
An application for a Development Permit shall be refused if it does not comply with all
Zoning Bylaw requirements. The reasons for a Development Permit refusal shall be stated
on the refused Development Permit application.
.2
Where an application for a Development Permit has been refused, the Council (in the case
of a proposed discretionary use), or the Development Officer (in all other cases), may
refuse to accept another application for the same or a similar development on the same
site, until six (6) months from the date of the approving authority's decision. The
Development Officer shall not accept another application for the same development until
six (6) months have passed from the date of a refusal by either the local Dev elopment
Appeals Board or the Saskatchewan Municipal Board.
.3
The applicant shall be notified of the Right to Appeal a decision to the local Development
Appeals Board in accordance with the requirements of The Planning and Development Act,
2007.
3.11 DEVELOPMENT APPEALS BOARD
Right to Appeal
.1
Section 67 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 (30) days after the issuance or refusal of a Development Permit or
order.
RM of Weyburn 6-2013
48
3.12 DEVELOPMENT PERMIT APPLICATION FEES
.1
An applicant seeking the approval of a Development Permit application shall pay an
application fee in accordance with the fee schedule set in the Planning and Development
Fees Bylaw or such amendments thereto, and reviewed annually. Separate fees may be
charged for each type of permit (permitted use, discretionary use, accessory use, etc.).
.2
Development Permit Applications that are exempt from Development Permit Fees include
licenses for home occupations or other forms or any Provincial or Federal requirements
and other applications outlined in the Planning and Development Fees Bylaw or such
amendments thereto, and reviewed annually.
3.13 DISCRETIONARY USE APPLICATION FEES
.1
An applicant seeking a discretionary use approval shall pay the fee s and related
advertising costs in accordance with the fee schedule set in the Planning and Development
Fees Bylaw or such amendments thereto, and reviewed annually
3.14 FEE FOR ZONING AMENDMENT APPLICATION
When an application is made to Council for an amendment to this Bylaw, the applicant making the
request shall bear the actual cost of advertising such zoning amendment as permitted by The
Planning and Development Act, 2007. Council also may require the applicant to pay all costs
incurred in administrative or professional review of the application and in carrying out a public
hearing.
3.15 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 conjunctio n with
any zone design (e.g. CR-H).
c) The holding provision and symbol shall mean that:
RM of Weyburn 6-2013
49
i.
Development shall be restrictively managed under the holding provision;
ii.
Existing uses may continue, subject to the Official Community Plan and Zoning
bylaw development and subdivision standards.
d) The holding designation may only be removed by amendment to the Zoning Bylaw.
All bylaws removing the holding designation shall conform to the Official Community
Plan and the provisions of The Planning and Development Act, 2007.
3.16 PLANNED UNIT DEVELOPMENT
.1
Specific zone regulations shall not apply to Planned Unit Development Contract Zoning.
Uses permitted within a PUD include: residential, commercial, light industrial , recreation
and open space. However, the project shall produce an environment of stable and desirable
character, and shall incorporate at least equivalent standards of building separation,
parking, height and other requirements and provisions of this Bylaw.
.2
Planned Unit Development Contract Zoning shall be regulated through a Contract Zoning
agreement which is registered as an Interest (caveated) on the title at Land Registry of
Information Services Corporation (ISC).
3.17 REFERRAL UNDER THE PUBLIC HEALTH ACT
.1
The Development Officer shall make available, in addition to 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.
.2
The Development Officer, will not issue a Development Permit until the District Health
Region has determined the suitability of a parcel proposed for subdivision to accommodate
a private sewage treatment system during the subdivision review process. The review
process indicates the level of assessment required and upon this determination provides
the submittal requirements as well as identifies the qualifications required for the site
assessor.
.3
All submissions required are the responsibility of the developer. The final review of a
subdivision will not be completed prior to the receipt and evaluation of all required
information by the Development Officer, the District Health Region and any other r elevant
agencies deemed necessary by the Municipality.
RM of Weyburn 6-2013
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3.18 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 ,
provided that all other Fire Safety and Building Code regulations can be met.
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.
.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 fee schedule set in the
Planning and Development Fees Bylaw or such amendments thereto, and reviewed
annually.
.3
Upon receipt of a minor variance application the Development Officer may:
a) Approve the minor variance;
b) Approve the minor variance and impose terms and conditions on the approval; or
c) Deny the minor variance.
.4
Terms and conditions imposed by the Development Officer shall be consistent with the
general development standards in this Bylaw.
.5
Where a minor variance is refused, the Development Officer shall notify the applicant in
writing, providing reasons for the refusal.
.6
Where a minor variance is approved, with or without terms, the Development Officer shall
provide written notice to the applicant and to the assessed owners of the property having a
common boundary with the applicant's land that is the subject of the approv al.
.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 twenty (20) days to lodge a written
objection with the Development Officer, which, if received, will result in the
approval of the minor variance being revoked; and
d) Where there is an objection and the approval is revoked, the applicant shall be
notified of the right to appeal to the Development Appeals Board.
RM of Weyburn 6-2013
51
.8
A decision to approve a minor variance, with or without terms and conditions, does not take
effect until twenty-three (23) days from the date the notice was provided.
.9
If an assessed owner of a property having an adjoining property with the applicant 's land
objects to the minor variance in writing to the Development Officer within the prescribed
twenty (20) day time period, the approval is deemed to be revoked and the Development
officer shall notify the applicant in writing:
a) Of the revocation of the approval; and
b) Of the applicant's right to appeal the revocation to the Development Appeals Board
within 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 thirty(30) days of the date
of that decision.
3.19 NON-CONFORMING BUILDINGS, USES AND SITES
.1
Any use of land or any building or structure lawfully existing at the time of passing this
Bylaw that is rendered non-conforming by the enactment of this Bylaw or any subsequent
amendments, may be continued, transferred, or sold in accordance with provisio ns of
Section 88 to 93 inclusive, of The Planning and Development Act, 2007.
.2
No enlargement, additions, or reconstruction of a non-conforming use, building or structure
shall be undertaken, except in conformance with these provisions.
.3
No existing use, building or structure shall be deemed to be non-conforming 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.
3.20 DEVELOPMENT PERMIT - INVALID
A Development Permit shall be automatically invalid and development shall cease, as the case
may be:
a) If the proposed development is not commenced within the period for which the
Permit is valid;
b) If the proposed development is legally suspended, or discontinued, for a period of
six(6) or more months, unless otherwise indicated by Council or the Development
Officer;
c) When development is undertaken in contravention of this Bylaw, the Development
Permit and specified development standards;
d) When a written appeal notice is received by the Development Appeals Board
secretary regarding the Development Permit.
RM of Weyburn 6-2013
52
3.21 CANCELLATION
Council or the Development Officer may cancel a Development Permit, and when cancelled,
development shall cease:
a) Where the Development Officer or Council is satisfied that a Development Permit
was issued based on false or mistaken information;
b) Where new information is identified pertaining to environmental protection, flood
potential, or slope instability;
c) When a developer requests a Development Permit modification.
3.22 STOP-WORK
The Development Officer may authorize action to stop any development which does not conform to
this Bylaw, a development or servicing agreement, a Development Permit or condition, or an
Interest is Registered (caveat) under this Bylaw.
3.23 OFFENCES AND PENALTIES
Any person who violates this Bylaw may be charged and liable on summary conviction to the
penalties in The Planning and Development Act, 2007.
3.24 INSPECTION OF PREMISES
The Development Officer, or any official or employee of the Municipality acting under their
direction, is hereby authorized to enter, at all reasonable hours, upon any property or premises in
or about which there is reason to believe that provisions of thi s Bylaw are not being complied with,
and for the purpose of carrying out their duties under this Bylaw, in accordance with Section 242 of
the Planning and Development Act, 2007.
3.25 BYLAW COMPLIANCE
Errors and/or omissions by any person administering or required to comply with the provisions of
this Bylaw do not relieve any person from liability for failure to comply with the provisions of this
Bylaw.
RM of Weyburn 6-2013
53
3.26 MOVING OF BUILDINGS
.1
No building shall be moved within or into or out of the area covered by this Bylaw without
obtaining a Permit from the Development Officer, unless the building is exempt under
Section 3.5 of this Bylaw.
.2
An applicant shall pay the fees in accordance with the Building Bylaw and Planning and
Development Fees Bylaw or such amendments thereto, and any other Bylaw respecting
buildings.
.3
A separate Development Permit shall be required for any redevelopment on the site.
3.27 DEMOLITION OF BUILDINGS
No building shall be demolished without first obtaining a Demolition Permit from the Development
Officer in accordance with any Bylaws respecting buildings. Such Permit shall not be issued
unless a proposal for the interim or long-term use or redevelopment of the site is also submitted,
and the proposed use is in conformity with this Bylaw. A separate Development Permit is required
for any redevelopment of the site.
3.28 TEMPORARY DEVELOPMENT PERMITS
.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 non-residential construction or work camp, tool shed,
scaffold, or other building or structure incidental to and necessary for constructi on 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.
3.29 REGISTERING AN INTEREST (CAVEATS)
Council may require that development and servicing agreements and other documents such as
restrictive covenants, be registered as an interest on affected lands, to protect municipal and
public interests as provided under Section 175 of The Planning and Development Act, 2007.
3.30 DEVELOPMENT AGREEMENTS
Council may request a developer to enter into a development agreement to ensure development
conformity with the Official Community Plan, and this Bylaw, pursuant to Section 171 to 176
inclusive, of The Planning and Development Act, 2007.
RM of Weyburn 6-2013
54
3.31 SERVICING AGREEMENTS
.1
Where a development proposal involves subdivision, Council may require by resolution, 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.
.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,
signage, 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 fees 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.
3.32 PERFORMANCE BONDS
The Municipality may require a developer, including host owners of property where an accessory
dwelling or Garden Suite is located or a Temporary Work Camp or other developments which may
have an impact on servicing needs, to post and maintain a performance bond to ensure developer
performance and to protect the public interest.
3.33 LIABILITY INSURANCE
Council may require developers to provide and maintain liability insurance to protect the
Municipality, developer and public.
RM of Weyburn 6-2013
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4
GENERAL REGULATIONS
The following regulations shall apply to all Zoning Districts in this Bylaw.
4.1
LICENSES, PERMITS AND COMPLIANCE WITH OTHER BYLAWS AND
LEGISLATION
.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 Bylaw or any other Bylaw in force within the Rural Municipality of Weyburn No.67,
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 Rur al
Municipality of Weyburn No. 67 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
NUMBER OF PRINCIPAL BUILDINGS OR USE PER SITE
.1 Unless otherwise permitted within this Bylaw, no person shall construct or cause to be
constructed, more than one principal building or use per site.
.2 Notwithstanding section 4.2.1 at councils discretion the following uses may have more than
one principal building to accommodate the use:
a)
Farmyards
b)
Public utility uses
c)
A private institution
d)
A multi-unit residential use
e)
Recreational uses
f)
An agricultural use
g)
Commercial or industrial uses
h)
Uses allowed in a "Contract Zoning" Agreement.
.3 Temporary Uses may be permitted on a site where a principal development already exists,
at council's discretion.
RM of Weyburn 6-2013
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4.3
ACCESSORY BUILDINGS, USES AND STRUCTURES
.1 In all Zoning Districts in this Bylaw, the principal use of land must be established prior to
any accessory buildings, structures or uses being permitted; unless otherwise specified in
Section 4.3.6.
.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; unless specified in
Section 4.3.6.
.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 An accessory structure shall not be used as a dwelling unless further specified in this
Bylaw.
.5 Notwithstanding other provisions of this Bylaw, a Development Permit may be issued
simultaneously for the principal and accessory uses provided that proof of purchase of the
principal use is provided to the municipality prior to issuance of permit.
a) Where council has approved a permit for principal and accessory uses, as provided
in this Bylaw, and that time period has expired, that use of land and/or use of
building on that land shall cease until such time as council gives a new
discretionary use approval and a new development permit is issued or the building
or use has been removed or the site is brought into compliance of this bylaw.
.6 Notwithstanding other provisions of this Bylaw, accessory buildings being constructed prior
to the principal use within the Agricultural Resource District (AR) or Country
Residential District (CR) are subject to the following standards:
a) An applicant shall be required to enter into a development agreement with the
Municipality to ensure the accessory building complies with all relevant
requirements of this Bylaw including the provision of financial security, to be held
by the Municipality. This agreement shall be placed on title by the Municipality and
only removed once the site is in compliance of this bylaw either by completion of
principal use or removal of accessory building.
b) The financial security amount shall be equal to the cost of removal of the accessory
building. The cost of removal shall be the responsibility of the owner by providing
the Municipality a minimum of two removal quotes from separate companies and
being approved by council and the Municipality shall use the average of the quotes
to calculate the amount to be held by the Municipality.
c) Any approval of an accessory building prior to the construction of the
primary/principal use shall be for a maximum of five (5) years and may be renewed
for one (1) additional year at the discretion of council; providing the requirements of
this bylaw continue to be met. The renewal request must be submitted to the RM of
Weyburn Office prior to date of permit expiry and is the landowner's responsibility.
d) Once the landowner believes they are in compliance with this Bylaw they may make
an application to the Municipality to have the financial security in 4.3.6 b) refunded.
RM of Weyburn 6-2013
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4.4
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 or
utilities, provided that such use, building, or structure shall be in substantial compliance
with the relevant provisions of this Bylaw and shall not adversely affect the character or
amenity of the area in which the same is located.
4.5
APPLICATION OF OVERLAY DISTRICTS
.1
The Overlay Districts shall be in addition to all other Zoning Districts where they are
applied so that any parcel of land lying in an Overlay District shall also lie in one or more
of the other Districts provided for by this Bylaw. The effect is to create a new District
which has the characteristics and limitations of the underlying Districts together with the
characteristics and limitations of the Overlay District.
.2
Unless specifically exempted, the regulations, standards and criteria of the Overlay District
shall supplement and be applied in addition to but not instead of, any regulations,
standards and criteria applicable to the underlying Zoning District.
.3
In the event of conflict between the requirements of any Overlay District and those of the
underlying Zoning District, the Overlay requirements shall apply.
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 properties, or the
stability of the land.
RM of Weyburn 6-2013
58
.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; and
b)
All topsoil from an area that is to be re-graded must be stripped, stockpiled, and
replaced on the re-graded area, or re-located to a site approved by the
Municipality.
.3
Where excavation or filling is proposed for any development in a Flood-hazard area as
illustrated on the Appendix Maps in the OCP, the Municipality may request comments of the
Water Security Authority or relevant agency, prior to making a decision on the Development
Permit application.
4.8
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.
4.9
RESTRICTIONS ON CHANGES
.1
The purpose for which any land or building is used shall not be changed, no new building
or addition to any existing building shall be erected, and no land shall be severed from any
site, if such change, erection or severance creates a situation that contr avenes any of the
provisions of this Bylaw applicable to each individual remaining building, accessory
building, site, or lot.
.2
Notwithstanding the provisions of clause (.1) of this subsection, no person shall be deemed
to have contravened any provision of this Bylaw if only part or parts of any site or lot has,
or have, been conveyed to, or acquired by, the Municipality or the Pro vince of
Saskatchewan for a public work.
4.10 SIGNAGE ON NATURAL AND HUMAN HERITAGE SITES
Small plaques, markers, and interpretation signs will be encouraged on properties that have
significant natural or human heritage resources, with the approval of the owner, and where the
signage is appropriate in scale, design, and placement with the site and surrounding area, and
does not cause safety concerns or negatively impact the heritage value of the site.
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59
4.11 HERITAGE AND SENSITIVE AND CRITICAL WILDLIFE HABITAT
Where development is proposed in an area identified as containing critical wildlife habitat or
heritage sensitive areas, (See the Environmentally Sensitive Lands) and Heritage Resource (HR)
Mapping in OCP Appendices, the Development Officer may require the applicant provide additional
information as required by The Wildlife Habitat Protection Act (WHPA) and The Heritage Property
Act or any other relevant provincial regulations.
4.12 FENCE AND HEDGES
.1
Notwithstanding the other provisions in this section, barbed wire fences , or similar strand
fences, shall be exempt from the required yard setbacks in all Zoning Districts in
accordance with any other municipal bylaw respecting municipal road setbacks. 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.
.2
Screening devices shall not locate within a sight triangle as defined in this Bylaw. Screen
fences shall be consistent and complement the quality of building design and materials of
the primary building. Height Restriction (i.e. shall not exceed 2.4 metres in height.)
.3
Subject to traffic sight lines, the following limitations shall apply to fences, walls, chain-link
fences and hedges in all Country Residential Districts.
a) No hedge, fence or other structure shall be erected past any property line.
.4
Fences intended to contain animals in all Zoning Districts shall be in compliance with the
provisions of The Stray Animals Act and The Line Fence Act of Saskatchewan and related
Regulations.
4.13 LANDSCAPE BUFFERS
.1
Landscape buffers are intended to improve land use compatibility and environmental
quality by recurring noise, lighting glare and other nuisances, or facilitating natural
drainage.
.2
The Municipality 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
For any non-residential use, the Municipality may establish landscaping requirements for
any permitted or discretionary use of Development Permit to achieve:
a) Maximum public safety
b) Zero nuisance
c) Environmental quality
RM of Weyburn 6-2013
60
.4
Residential uses shall be encouraged to establish a shelterbelt, or vegetative landscaping
buffer around the residential use to reduce land use conflicts with adjacent uses and
activities and to recognize the need for a windbreak.
4.14 KEEPING OF DOMESTIC ANIMALS
.1
The keeping of small domestic animals (ie. cats, dogs) is permitted in all Zoning District s,
subject to relevant Bylaws and legislations governing noise and public health; however,
breeding kennels and boarding kennels are discretionary uses within select Zoning
Districts.
4.15 BUILDING AND SITE MAINTENANCE
.1
All sites at all times shall be maintained clean and free from waste and debris in
accordance with any noise or nuisance bylaw in the Municipality.
.2
The outdoor storage or collection of goods and materials is prohibited in a front yard in any
Commercial, Industrial, or Country Residential District. Outdoor storage is permitted in a
side or rear yard in a Country Residential District only when the goods or material being
stored are clearly accessory and incidental to the principal use of the property.
4.16 PROHIBITED AND NOXIOUS USES
.1
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.
.2
Notwithstanding any use contained within a building, no land shall be used and no building
or structure shall be erected, altered or used for any purpose that is noxious and, without
limiting the generality of this subsection, for any purpose that creates or is likely to become
a nuisance or offence, or both:
a) by the creation of noise or vibration;
b) by the emission of light and glare;
c) by reason of the emission of gas, fumes, smoke, dust or objectionable odour;
d) by reason of the unsightly storage of goods, merchandise, salvage, refuse matter,
motor vehicles, trailers or parts of vehicles or trailers, machinery, or other such
material;
e) by any combination of things in this subsection.
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61
4.17 DISPOSAL OF WASTES
.1
Subject to all Acts and Regulations pertaining in any way to the storage, handling, and
disposal of any waste material or used item, and except as permitted by these Acts and
Regulations, no liquid, solid, or gaseous wastes shall be allowed to be discharge d into any
stream, 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 Ministries of Health,
Environment and the Water Security Agency, or relevant agencies. Disposal of liquid,
solid, or gaseous waste shall be governed by Acts administered by the Saskatchewan
Ministries of Saskatchewan Agriculture, Environment, Health and the Water Security
Agency, or relevant agencies.
4.18 SITE DEVELOPMENT REGULATIONS FOR DEVELOPMENT NEAR WATER
SOURCES
.1
If the proposed development will be within 150.0 metres of any public well, or private or
public dam which is licensed by the Water Security Agency, or relevant agency, including
Nickle Lake and the Souris River, as identified in the OCP, Council may also require
additional information from the applicant to ensure that the existing water supplies will not
be jeopardized.
.2
Council may require that before a permit may be issued, the applicant shall submit a report
prepared by a professional who is competent to assess the suitability of the site for a
development and that the development is suitable with respect to the required mitigation
measures to develop in areas of high water table, near public wells, waste disposal sites or
a private or public dam which is licensed by the Water Security Agency, or relevant agency,
and identified in the OCP.
4.19 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.
.2
Protective, emergency, municipal services and other public works and facilities may be
established in all Zoning Districts.
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4.20 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 road or street.
4.21 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 setback requirements of the
Saskatchewan Ministry of Highways and Infrastructure. Notwithstanding any regulations
passed by the Province of Saskatchewan which apply to highways, this Bylaw may
establish a higher standard than those required by the Province for developments adjacent
to highways and intersections.
.4
Notwithstanding the setback provisions contained in the Zoning District Schedules, Council
may reduce the 46.0 metre (150 feet) setback for buildings and structures on municipal
roadways where physical circumstances make it unrealistic to maintain the 46.0 metre
setback.
.5
The requirement of a service road or internal subdivision roadway to provide access may
be required as a condition of approval for any new development.
.6
When any development is approved on land adjacent to an unconstructed road allowance
and access is required from the said road allowance, the owner/applicant shall be
responsible for all costs related to the construction of the road to the standards set ou t by
the Municipality.
4.22 FRONTAGE AND ACCESS/APPROACHES
.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.
RM of Weyburn 6-2013
63
.2
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.
.3
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.
.4
The Municipality 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.
.5
Where an approach for a Commercial, Industrial, or Country-Residential lot within a multi-
parcel subdivision accesses onto a paved road or highway, the approach shall be paved
from the edge of the road surface to 5.0 metres into the lot.
4.23 ROAD CROSSINGS
The Municipality may apply special standards as outlined in The Rural Municipality Act, 1989, or
subsequent legislation, to protect the municipal interest when transportation, utility and pipeline
facilities cross municipal roads or when seismic activity is proposed on roads or road allowances.
4.24 HEAVY HAUL ROADS
The Municipality may use The Rural Municipality Act, 1989 to ensure that any trucking activity
cover the cost of road repair caused by their usage of a rural municipal road.
4.25 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 metres of the point of intersection
of the centre line of both the railway and the street.
4.26 SIGHT TRIANGLE
.1
In all Zoning Districts, no building, structure or any other visual obstruction shall be
constructed, erected or placed within the area defined by the clear site triangle.
.2
The sight line triangle area shall be calculated by connecting straight lines, which are
measured from the intersection of centerlines of various types of roads and railways to
points established along these centerlines.
RM of Weyburn 6-2013
64
.3
Trees planted new or parallel to any site line outlined of a clear site triangle shall be
setback sufficiently from the site line to estimate overhang outside the property boundaries.
.4
Strand fences may be considered by the Municipality to be located within the site line
triangle if they do not obstruct visibility at the intersection.
.5
Exceptions may be considered for existing encroachments where traffic speed or
regulations can be adjusted to provide safe intersection visibility or where an engineering
study recommends alternatives acceptable to Council.
Table 1: Sight Triangle Distances
Road Type
Design Speed
Stopping Site Distance
S.S.D.
Heavy Haul & High
Volume Primary Municipal
Grids
100 km/hr
190 metres
(623.0 feet)
90 km/hr
160 metres
(525.0 feet)
80 km/hr
130 metres
(426.5 feet)
70 km/hr
105 metres
(344.5 feet)
Main Farm Access &
Internal Subdivision
Roads
60 km/hr
80 metres
(262.5 feet)
50 km/hr
60 metres
(197.0 feet)
40 km/hr
45 metres
(148.0 feet)
30 km/hr
30 metres
(98.5 feet)
4.27 DEVELOPMENT ALONG PIPELINES AND GAS TRANSMISSION LINES
.1
Any development involving pipeline and /or power line transmission rights -of-way shall be
sited to comply with all relevant Federal and Provincial legislation. Setbacks from
pipelines and other utility corridors shall be in accordance with appropriate Provincial
Regulations or Acts and any regulations or directives established by crown corporations.
Refer to "Land Use Planning for Pipelines publication by Canadian Standards Association
(CSA) PLUS663", which may be amended from time to time.
.2
Setbacks from pipelines shall be 12.0 metres 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 metres on either side of a
pipeline in which, subject to exceptions for such things as normal agricultural activities,
anyone proposing to conduct a ground disturbance/excavation must:
RM of Weyburn 6-2013
65
a) Ascertain whether a pipeline exists;
b) Notify the pipeline company of the nature and schedule of the excavation; and
c) Conduct the excavation in accordance with such regulations.
The following figure provides the setbacks required by the Canadian Standards
Association. Source: Land Use Planning for Pipelines publication by Canadian Standards
Association (CSA) PLUS663.
4.28 COMMUNICATION TOWERS
.1
The erection of cellular telephone transmission towers shall not be permitted in, or closer
than 100.0 metres to any Country Residential District or Hamlet.
.2
Satellite dishes may be erected in Agricultural Resource, Commercial or Industrial Districts
for communications purposes or re-broadcasting of television signals subject to any
provisions in the Zoning District. Public Utilities are generally exempt from site size and
setback provisions.
4.29 USES OR OBJECTS PROHIBITED OR RESTRICTED IN YARDS
.1
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.
.2
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.
.3
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.
Figure 2: Land Use Areas
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66
4.30 VEHICLE STORAGE
.1
Where 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 landscaping 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.
.2
Notwithstanding anything contained in this Bylaw, no person shall use any site in any
district for the sole purpose of parking or storage of any vehicle or RV storage unless
approved by the Municipality for the use.
4.31 TRAILERS, BOX CARS, SEA AND RAIL CONTAINERS
.1
No person shall park or store on any part of a site, any unlicensed rail or sea container,
truck, bus or coach body for the purpose of advertising within any Zoning District.
.2
Mobile Storage containers may be accommodated for warehousing or storage purposes
under the following conditions:
a)
are accommodated only in Agricultural Resource, Commercial and Industrial, and Country
Residential Districts;
b)
containers must be painted a solid colour, and complementary to the other buildings on the site, as
well as to the amenity of the neighborhood in the Country Residential District;
c)
containers may be permitted only if a Development Permit is obtained;
d)
must be properly anchored;
e)
shall be located a minimum of 3.0 metres from the primary building and behind the rear wall of the
primary building;
f)
containers determined by the Municipality to be unsightly, misused, unsafe, or inappropriate in any
way, must be removed at the owner's expense within a time period specified by the Municipality;
g)
must meet the National Building Code Standards as applicable.
4.32 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.
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67
4.33 SIGNAGE
.1
A Development Permit is required for the erection, display, alteration, relocation or
replacement of any temporary or permanent signs, unless exempt as follows:
a. Address signs or residential name plates: one (1) address designation per use,
denoting the numerical address and/or name of the occupant(s);
b. Regular maintenance including painting and repairs;
c. Municipal and provincial agency signs;
d. Traffic control signage;
e. Incidental signs containing traffic and/or pedestrian controls;
f.
Signage intended to regulate hunting or trespassing on private property;
g. Works of art containing no advertising;
h. Memorial signs, plaques tablets or headstones;
i.
Temporary construction signs not exceeding thirty (30) days;
j.
Temporary real estate signage;
k. Temporary agricultural related signage including herbicide, insecticide or seed
advertising;
l.
Temporary election signs that are to be removed 24 hours after voting stations have
closed;
.2
The following General Sign Regulations hall pertain to temporary and permanent signs in
all Zoning Districts unless otherwise stated:
a. A Development Permit shall be obtained from the Development Officer prior to any
sign being erected or structurally altered, unless otherwise exempted in this bylaw;
b. All signs situated along a provincial highway shall comply with The Highways and
Transportation Act, 1986, or amendments thereto;
c. Signs shall not be located in sight triangles for intersections or driveways or in such
manner that they visually obstruct or otherwise jeopardize public safety;
d. Signs shall not be located in such manner as to impede the view of any pedestrian
or vehicular right of way, or rail crossing;
e. Except otherwise provided, no sign shall project beyond the property lines of the
site which it pertains;
f.
No permanent sign shall be placed on or over public property unless specifically
permitted within this Bylaw;
g. Signs shall be constructed in a permanent manner, of materials suitable for the
purpose of life of the sign and shall be maintained and mounted in a condition that
is safe, neat and clean and not unsightly or dangerous;
h. Signs which are deemed to be in disrepair shall be properly maintained or removed
at the discretion of the Municipality;
i.
Offensive statements, words or pictures that do not conform to the amenities of the
location shall be prohibited;
j.
Signs or sign structures shall not be located where they may interfere with, distract
from or obstruct the view of, or be confused with any authorized traffic sign, signal
or device;
k. Signs shall not be erected, attached or mounted upon trees or utility poles, or
drawn or painted on rocks or other natural features;
l.
All illuminated signs shall be discretionary in ALL Zoning Districts;
RM of Weyburn 6-2013
68
m. All illuminated signs shall be designed to cast light downwards and located
appropriately to prevent the creation of a hazardous situation related to vehicular
traffic;
n. Incidental signs shall not exceed 0.5 m 2 (5.4 ft2) of gross surface area and shall not
contain any advertising;
o. Where a building maintains direct exposure to more than one public right of way, a
second attached sign may be permitted at councils discretion;
.3
Signs located in a Sign Corridor
a. Signs located in a R.M. of Weyburn Sign Corridor shall be administered by the City
of Weyburn in accordance with this Bylaw and The Highways and Transportation
Act, 1986 or amendments thereto and any other regulations.
.4
Temporary
a. Temporary signs may be placed in public right of ways for the purpose of
advertising special events and will be limited to the following:
i.
Temporary, portable and real estate signs are permitted as long as the
temporary condition exists for the property
ii.
Signs can be erected for ten (10) days prior to an event and must be removed
within forty-eight (48) hours of the event's end.
iii.
Signage will maintain a direct separation distances of:
a.
10.0 metres from another temporary or permanent sign;
b.
3.0 metres from a site access point;
c.
10.0 metres from any intersection.
iv.
Election signage is permitted as temporary signage and is permitted only if it is
erected no earlier than thirty (30) days prior to the date of the election, by -
election, referendum or plebiscite and removed twenty-four (24) hours following
the closure of voting stations.
.5
Discretionary Uses with Discretionary Use Criteria or Standards of Development that
includes sign regulations shall apply the sign regulations identified in the criterial or
standards.
4.34 ZONING DISTRICT SIGN REGULATIONS
.1
The specific Zoning District sign regulations are located in the appropriate Zoning District
and will be in conjunction with Section 4.33 General Sign Regulations.
4.35 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.
RM of Weyburn 6-2013
69
4.36 PARKING
.1
All required parking and loading facilities are intended for the purpose of accommodating
the vehicles of clients, customers, employees, members, residents or visitors in connection
with the principal building or use for which the parking and loading facil ities are provided.
Parking and loading facilities shall not be used for driveways, access or egress,
commercial repair work, display, sale or storage of goods of any kind.
.2
Required parking and loading facilities shall provide for and include an adequate, safe and
convenient arrangement of vehicular points of ingress or egress, driveways, internal
roadways, aisles and ramps, unloading and loading of motor vehicles all in rela tion to
buildings and entry points to buildings on the site.
.3
The parking facility shall be located on the same site as the use for which it is intended. It
shall be developed such that:
a) It is reasonably accessible to the use and vehicles it is intended to serve;
b) It meets the satisfaction of the Municipality regarding design;
c) It is appropriately landscaped to the satisfaction of the Municipality.
d) All parking facilities shall be maintained to the satisfaction of the Municipality
by the owner of the property.
e) Each parking space within a parking facility shall be a minimum of 2.5 metres
wide and 6 metres long except that parallel parking spaces shall be a minimum
of 6.5 metres long.
f)
Where two or more uses are permitted on any one site or where two or more
uses are to share common parking facilities, the off-street parking requirements
for each use shall be calculated as if each is a separate use and the total
number of off-street parking spaces so calculated shall be provided; and
g) One (1) barrier free(e.g. Handicap) 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 (1)
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.
4.37 MULTI-PARCEL SUBDIVISIONS AND DEVELOPMENTS
.1
Subject to all other requirements of this Bylaw, all multi-parcel development shall be
subject to providing sufficient topographic information on the Plan of Proposed Subdivision.
.2
Subject to all other requirements of this Bylaw, all multi-parcel developments shall
construct a drainage plan.
.3
Subject to all other requirements of this Bylaw, all multi-parcel developments will require
an internal subdivision road to provide access to the proposed lots, unless otherwise
discussed with and approved by council.
RM of Weyburn 6-2013
70
5
DISCRETIONARY USE STANDARDS FOR DEVELOPMENT
This Section addresses special provisions and specific development standards that apply to the
following developments. These criteria, provisions and development standards apply in addition to
any standards of the relevant Zoning District.
5.1
HOME-BASED BUSINESSES AND OCCUPATIONS
In addition to the general requirements regarding discretionary use applications provided in
Section 3 of this Bylaw, the following additional considerations shall be made for all applications
for a Home Based Business or Occupation:
-
The use shall be clearly incidental and secondary to the use of the dwelling unit as a
private residence.
-
The use shall be conducted entirely within the dwelling unit or an accessory building to
the dwelling unit.
-
There shall be no external advertising other than a sign of not more than 1.0 m 2 (10.75
ft2) erected in accordance with the Sign Regulations contained herein.
-
In Country Residential Districts, there shall be no external storage of goods, materials
or equipment associated with the applied use.
-
The use shall not create or become a public nuisance.
-
The use shall not generate substantially more traffic and parking than is 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
AGRICULTURAL TOURISM USES
Agricultural tourism uses shall be accessory to an agricultural farm operation or other dwelling
allowed in the Agricultural Resource Zone.
-
Agricultural tourism uses shall display a high visual quality and shall be integrated into
the rural environment by virtue of appropriate design, location and landscaping.
-
Agricultural tourism uses may only be approved where they would not:
-
unduly interfere with the surrounding character of the agricultural area;
-
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;
RM of Weyburn 6-2013
71
-
Agricultural tourism uses shall comply with all provincial environmental and health
regulations.
5.3
GARDEN SUITES
A single Garden Suite may be placed in the back yard of a single-detached residential
development under the following conditions in an Agricultural Resource or Country Residential
District:
-
The Garden Suite dwelling unit is a temporary use and shall be permitted for a five (5)
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.
-
The owner(s) of the host residence shall live on the site.
-
The occupant(s) of the Garden Suite should be able to benefit from the informal care
and support of relatives or a caregiver in the primary residence, or provide care and
support to relatives or a care-receiver in the primary residence.
-
The floor area of the Garden Suite dwelling shall not be less than 35 m ² (375 ft²) and
not greater than 90 m² (1000 ft²). The Garden Suite may be a single width mobile or
modular 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 or caregiver
of the permanent resident.
-
The maximum height of the Garden Suite shall not exceed 5.0 metres 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
where possible.
-
Residents of the Garden Suite must have access to the rear yard amenities.
-
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.
-
Garden Suites may only be approved where they would not:
-
change the character of the neighbourhood;
-
adversely affect the natural environment;
-
result in any increase in demand on municipal services, or public utilities.
-
An applicant for a Garden Suite shall be required to sign an Agreement with the
Municipality or post a Performance Bond to ensure that the Suite will comply with all
Bylaw requirements.
-
The Municipality shall at its own cost, file a copy of a Discretionary Use approval as an
Interest against the title of the land on which the Garden Suite has been allowed.
5.4
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:
RM of Weyburn 6-2013
72
-
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.
5.5
BED & BREAKFAST HOMES
In addition to the general requirements regarding discretionary use applications provided in
Section 3 of this Bylaw, the following additional considerations shall be made for all applications
for a Bed & Breakfast:
-
Bed and breakfast homes shall be located in a single detached dwelling used as the
operator's principal residence developed as a farmstead site or country residence.
-
No more than three (3) guest rooms shall be allowed in a bed and breakfast home.
-
Only one sign, not exceeding 1.0 m² (10.76 ft²) advertising the vacation farm or bed
and breakfast home and located on-site, is permitted.
-
The only meal to be provided to registered guests shall be breakfast. No food
preparation or cooking for guests shall be conducted within any bedroom made
available for rent. All facilities shall meet public health regulations and be kept in a
manner satisfactory to the 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.
5.6
SALVAGE YARDS (AUTO WRECKERS)
In addition to the general requirements regarding discretionary use applications provided in
Section 3 of this Bylaw, the following additional considerations shall be made for all applic ations
for a Salvage Yard/Auto Wrecker or similar operation.
-
This includes salvage yards, auto wreckers, auto repair shop, body shops and similar
uses, all salvage vehicles and materials, vehicles waiting repair, salvage or removal
and similar uses.
-
No vehicles or parts thereof shall be located in the front yard;
-
All salvage yards shall be totally hidden from the view of the travelling public,
provincial highways, any public road by utilizing distance and careful location, natural
or planted vegetation, an earth berm, opaque fence, or other appropriate methods
approved by Council.
-
All salvage or auto wrecking yards adjacent to a Country Residential or Hamlet District
shall be totally enclosed by a sturdy fence built to a minimum height of 2.0 metres and
RM of Weyburn 6-2013
73
constructed of material suitable to conceal from view the materials stored on site. No
materials shall be stacked above the height of the fence.
-
A Performance Bond may be required by Council to ensure the development meets the
required development standards.
5.7
AUTOMOTIVE SERVICE USES AND GAS PUMPS
Automotive service development and gas pumps and associated buildings, structure an d vehicular
movement shall conform to the following standards:
-
Gas pumps and islands shall be set back 6.0 metres 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 separated by
at least 10.0 metres;
-
Traffic circulation for auto-related services shall be accommodated on the site;
-
Vehicles and parts storage shall not be located in any yard abutting a road and must be
screened from view by a solid fence. The location, height and screening materials must
be first approved by the Development Officer.
5.8
ANIMAL KENNELS
In addition to the general requirements regarding discretionary use applications provided in
Section 3 of this Bylaw, the following additional considerations shall be made for all applications
for an Animal Kennel:
-
The maximum number of animals not normally attributed to the host site to be kept on -
site shall be at the discretion of Council.
-
No building or exterior exercise area(s) to be used to accommodate the animals shall
be allowed within 300 metres of any dwelling located on adjacent lots.
-
All facilities, including buildings and exterior exercise areas, shall be sited behind the
principal building unless otherwise approved by Council.
-
Pens, rooms, exercise runs and holding stalls may be soundproofed to the satisfaction
of Council.
-
All dog facilities shall be visually screened from existing dwellings on adjoining lots.
-
No animals shall be allowed outdoors between the hours of 9:00 p.m. to 7:00 a.m.
daily. During this time period, all animals shall be kept indoors.
-
A boarding use shall at no time unduly interfere with the character of the
neighbourhood or the general enjoyment of adjoining sites.
-
Details of animal waste disposal shall be included in the application.
-
One sign located on-site advertising the kennel is permitted subject to the General Sign
Regulations in Section 4.33.
-
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.
RM of Weyburn 6-2013
74
-
All permits issued shall be valid for a two (2) year period from the date of issuance and
shall be subject to cancellation by the Municipality for due cause.
-
Failure to comply with any of the above regulations or the conditions of a Development
Permit may result in the revoking of the permit by the Municipality.
5.9
EQUESTRIAN FACILITIES
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, water supply and sewage disposal, on-site stock trailer
parking, participant and spectator parking.
-
The application shall include an animal waste and drainage plan for all areas of the
parcel of land disturbed during or as a result of the development of the Equestrian
Centre and supporting facilities.
-
The application shall include a traffic impact analysis that includes current and
projected traffic for the next ten years in the vicinity. A condition of the Development
Permit may require there be a contribution towards upgrading of access roads should
the road network require upgrading because of the impact of the facility .
5.10 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 o f
campsites, the construction or moving of buildings, and the material change in use of
portions of land, or the filling or clearing of land shall require a Development Permit,
and the operator shall submit for approval an amended plan incorporating the
development.
-
The Public Health Act shall be complied with in respect to all operations and
development of the campground. All water and waste disposal must meet all regulatory
requirements and garbage removal and weed and pest control must be outlined in the
development permit application.
-
A campground shall have within its boundaries a buffer area abutting the boundary of
not less than 4.5 metres which shall contain no buildings.
-
The operator of a campground shall designate a campsite for each trailer coach or tent
party, which shall be less than 150 m 2 in area with its corners clearly marked.
-
One sign located on-site advertising the campground is permitted subject to the
General Sign Regulations in Section 4.33.
-
No portion of any campsite shall be located within a roadway or required buffer area.
RM of Weyburn 6-2013
75
-
Each campsite shall have direct and convenient access to a developed roadway, which
is not located in any required buffer area.
-
Each trailer coach shall be located at least 3.0 metres from any other trailer coach, and
each campsite shall have dimensions sufficient to allow such location of trailer
coaches.
-
The space provided for roadways within a campground shall be at least 7.5 metres 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.
5.11 TEMPORARY WORK CAMPS
-
Temporary Work Camps are an accessory use to an industrial or resource development.
-
A Development Permit for a Work Camp may be issued for up to 1 (one) year, at which
time an application must be made for the continuance of the use for 1 (one) additional
year, after which time a new Development Permit approval is required.
-
An application for a Development Permit must provide the following information and a
Concept Plan for the development:
i.
The location, type and purpose of the camp;
ii.
Adjacent land uses;
iii.
The method of supplying water and sewage and waste disposal to the camp.
The proposed method of sewage disposal must comply with the Saskatchewan
Onsite Waste Water Disposal Guide and in accordance with the Saskatchewan
Public Health Act;
iv.
The number of persons proposed to live in the camp;
v.
The method of providing garbage disposal and pest control in the camp;
vi.
The start date for development, date of occupancy by residents and removal
date of the camp.
-
A Temporary Work Camp for accommodation purposes must be:
i.
Linked to a specific project for which a valid and current Dev elopment Permit
has been issued and can only accommodate workers for this project;
ii.
Accommodate a minimum of twenty(20) persons and a maximum of three -
hundred (300) persons;
iii.
Secured by the installation of appropriate fencing around the project
accommodation and on-site security staff;
iv.
Provide adequate on-site parking for private vehicles;
v.
Separated (buffered) from adjacent land uses.
-
The final review of an application will not be completed prior to the receipt and
evaluation of all required information by the Development Officer, the District Health
Region and any other relevant agency deemed necessary by the Municipality.
-
The Work Camp buildings and structures must be removed from site when the project is
completed.
-
The Developer must post a Performance Bond of sufficient amount to remove and/or
reclaim the site to ensure that:
i.
The Work Camp accommodation remains on-site after the project is either
completed or if work has stopped, to the extent that the need for the camp no
longer exists; or
RM of Weyburn 6-2013
76
ii.
To reclaim the site if necessary after the Work Camp has been removed from
the site.
5.12 DOMESTIC WIND ENERGY SYSTEMS
-
The Developer shall submit a site plan that shows the legal land description, the size of
the site, the location of the private wind energy system in relationship to the property
lines and other structures or buildings, including roads, underground cabling , overhead
lines, fencing and access.
-
Council will require the developer to consult with the adjacent property owners
surrounding the proposed site prior to reviewing the Development Permit application.
-
The Rural Municipality may seek approval of this development from both internal and
external referral agencies.
-
Development and Building Permit applications for Wind Energy systems shall be
accompanied by a manufacturer's engineering certificate of structural safety and
certification of structural safety from a Saskatchewan Professional Engineer.
i.
Installation plans (concrete specifications, anchoring specifications) shall be
certified by a Saskatchewan Professional Engineer & must meet with R.M.
approval.
ii.
An approved Electrical Permit from Sask. Power shall be obtained and provided
to the Municipality for all wind energy systems.
-
All buildings and structures shall be set back at least 90.0 metres from an intersection
of any Municipal road allowance, or Provincial highway or such greater distance as
required by the Saskatchewan Ministry of Highways.
-
All infrastructure, roads and accesses required to facilitate the implementation of the
wind energy facilities shall be proposed by the developer as part of the Development
Permit application.
-
Any proposed development within a municipal road allowance, ie. underground lines or
overhead poles/lines, must be proposed by the developer as part of the Development
Permit application and adhere to the Rural Municipality road crossing policy.
-
Setback distance for the Domestic Wind Energy System shall be a minimum distance of
the height of the wind energy system plus 50.0 metres from the property line.
-
Approaches for access roads to the wind energy facilities must be perpendicular to
established road allowances.
-
The setback related to Municipal road allowances and the wind energy generator
(turbine) shall be no less than the length of the blade plus 10.0 metres.
-
The minimum distance from an Agricultural, Country Residential dwelling or Hamlet
shall be:
-
500 metres (1,604 feet) for up to two towers, where the residence 's owner is
hosting the tower(s).
-
1500 metres (4,921 feet) for up to two towers, where the residences owner is
not hosting the tower(s) and from any neighboring residences.
-
2,000 metres (6,561 feet) for all residences, where three or more towers are
combined in a quarter section. This applies to residences on the subject lands
and on neighboring properties.
-
The separation distance from a Commercial or Industrial principal use to a wind energy
generator (turbine) shall be a minimum distance of 550 metres.
-
Upon request, where Council considers that a lesser separation distance than
described above will not negatively impact the specific use or surrounding
RM of Weyburn 6-2013
77
development, Council may consider a reduction of the required separation distance.
Prior to granting a reduction, Council may consult with appropriate agencies.
-
Where Council considers a lesser separation distance than required above, the
developer of the wind energy system may be required to enter into an agreement with
the owner of any residence that does not meet the required distance and the
Municipality consenting to the proposed development, as a condition of the approval.
Council may require that an interest protecting the parties to the agreement be
registered against the title of the residence and the titles of any other affected parcels.
-
The Municipality may require the developer to take mitigating measures to ensure the
development produces minimal disturbances to the surrounding lands as per
Saskatchewan Environment guidelines.
-
The proposed height of the domestic wind energy system and commercial wind energy
system shall be included in the Development Permit application.
- There shall be no sounds, light, glare, heat, dust or other emissions that detract from the
amenity of the area other than those that are necessary for the operation of the system.
- Sites having potentially dangerous or hazardous developments shall have visible signs
stating any potential dangers. No hazardous waste shall be stored on the site.
- Substations are required to be fenced. All wind energy facilities shall be enclosed within
a locked protective chain link fence of a minimum height of 2.0 metres and the design
shall be included in the Development Permit application.
- Council may require the developer to take mitigating measures to ensure the
development produces minimal environmental impacts to the surrounding lands.
- A decommissioning plan shall be submitted with the development application.
- Any changes to the original Development Permit shall require a new permit to be issued.
5.13 COMMERCIAL WIND ENERGY SYSTEMS
In addition to the regulations for Domestic (Privately Owned) Wind Energy Systems in 5.12, the
following regulations shall apply:
-
Where a number of Wind Energy Systems are proposed to operate in close proximity to
each other as a Wind Farm and the electrical power that is generated will be sold to a
Public or Private Utility, the proposed development shall be deemed a Discretionary Use in
the Agricultural Resource District.
-
The Developer shall submit a site plan that shows the legal land description, the size of the
site, the location of the Commercial wind energy system in relationship to the property lines
and other structures or buildings, including roads, underground cabling, overhead lines,
fencing and access.
-
Council will require the developer to consult with the adjacent property owners within a 5.0
kilometre radius surrounding the proposal prior to reviewing the Development Permit
application.
-
The minimum site size for the allowance of any wind energy system shall be 2.0 hectares.
-
Wind energy systems must be a minimum distance of 1.0 kilometer from any residence or
group of residences.
-
The developer is required to enter into a road use agreement with the Municipality for the
construction period to ensure roads are maintained in condition agreeable by both parties.
-
The developer shall undertake required consultations and/or studies to determine
appropriate setback distances from environmentally sensitive areas, wetlands, or other
protected or sensitive areas.
RM of Weyburn 6-2013
78
-
The Developer shall submit a site plan that shows the location of the wind energy systems
including roads, underground cabling, fencing, overhead lines, drainage and access.
-
Landscaping shall be provided by the developer, where deemed necessary by Council, to
maintain safety, protection and the character of the surrounding area.
-
Accessory outdoor storage shall be screened from adjacent residential dwellings and public
highways and the location of the storage shall be shown on the sketch that forms part of
the Development Permit application.
-
Development applications must be accompanied by a report of any public information
meetings or other process conducted by the developer.
-
A post-construction reclamation plan as well as a decommissioning plan shall be submitted
with the development application.
5.14 COMMUNICATION TOWERS
-
All towers with a height of 15.0 metres (50 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 metres above grade level in Hamlets and Country Residential Districts;
ii.
46.0 metres above grade level in all other Districts.
-
Guy-wire anchors shall be setback at least 1.0 metres 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 2.0 metres 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.
5.15
SOLID & LIQUID WASTE DISPOSAL FACILITIES
In addition to the general requirements regarding discretionary use applications provided in
Section 3 of this Bylaw, the following additional considerations shall be made for all applications
for a Solid or Liquid Waste Disposal Facility. The following standards do not apply to liquid manure
storage facilities and the application of manure on agricultural lands where this use is deemed
consistent with all other relevant sections of this Bylaw.
1. Development and site maintenance shall be in accordance with provincial
environmental and health regulations.
2. Any solid waste disposal facility shall be located 457.0 metres from any residence
unless relaxation of this requirement is agreed to by affected parties.
3. A buffer strip containing trees, shrubs or a berm shall be located surrounding a
disposal area.
4. Any solid or liquid waste disposal facility shall be fenced.
5. Adequate precautions shall be taken to prevent pollution of ground water by disposal
operations.
RM of Weyburn 6-2013
79
6. Solid waste disposal facilities shall be located in proximity to a provincial highway and
adjacent to an all-weather road.
7. The development of any new disposal sites shall take into consideration direction of
prevailing winds.
8. Council shall place any additional conditions for approval deemed necessary based
upon a specific application.
9. 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.
Table 4: Minimum Separation Distances Relating to all Solid and Liquid Waste Disposal
Other Uses
Solid Waste
Facility
Liquid Waste
Facility
Single residence, tourist
accommodation
457 metres
457 metres
Multi-Parcel Country
Residential subdivision or
Hamlet or urban Municipality
1 kilometre
457 metres
Commercial or Industrial use
N/A
N/A
5.16
ACCESSORY RESIDENCE TO CONTRACTOR'S YARDS AND TRUCKING
FIRM ESTABLISHMENTS
.1
The principal use of the land must be established prior to any accessory buildings,
structures, or uses being permitted.
.2
The Development Officer may issue a Development Permit for one (1) accessory dwelling
on a parcel subject to the Discretionary Use process if:
(a) the accessory dwelling is located only on a site where the accessory dwelling can be
serviced by existing utilities;
(b) this provision does not permit the subdivision of this dwelling, unless it conforms to
provisions of this Bylaw with respect to residential subdivision;
(c) a Development Agreement is entered into between all affected parties, where considered
necessary, to assure applicable development standards are adhered to;
(d) in compliance with the requirements of the Saskatchewan Ministry of Health or
government agencies respecting water and waste connections, and disposal concerns.
5.17
CANNABIS
RM of Weyburn 6-2013
80
.1
Cannabis Cultivation and Facilities are all subject to the following development standards:
a. The use should have consideration for the impact on adjacent uses with regards to
design, intensity and operation.
b. The use shall not create or become a nuisance or create any conflict with the
surrounding uses in terms of noise, dust, refuse matter, odor, traffic and storage of
hazard or combustible materials. The applicant may be required to implement
mitigation measure to address potential nuisances or hazards.
c. The building and/or site shall display a high visual quality and shall be integrated into
the surrounding environment by virtue or appropriate design, location and landscaping.
d. In order for the safety and security of the building and/or site the applicant must
demonstrate that the perimeter of the site is secured in a manner that prevents
unauthorized access, including physical barriers, as per Health Canada.
e. The applicant shall provide the Municipality with evidence of compliance with any
applicable Provincial and Federal Legislation or Regulations including approvals where
required.
f. There must be adequate infrastructure and utility services to serve the proposed use
including roads, power, natural gas, telecommunications, water supply and wastewater
disposal systems. If upgrades are required, the applicant shall be solely responsible for
the cost and the undertaking of such upgrades.
g. Outdoor storage of cannabis or cannabis related products or materials is prohibited.
h. There must be acceptable access for emergency services.
i. The use shall have consideration for delivery of products to and from the sire and shall
have adequate on-site parking and loading areas for the proposed use.
.2
All cannabis operations re prohibited as Home Occupation or Home Based Businesses.
.3
Where a Cannabis Facility is proposed in an area defined as environmentally sensitive a
geotechnical study may be required.
.4
An applicant may be required to enter into an agreement with the Municipality to ensure the
use complies with all relevant requirements of this bylaw including any additional
conditions of approval.
.5
The Municipality may require, as a condition of the Development Permit, a waste
management plan, completed by a qualified professional that includes details on:
a. The disposal of waste products and airborne emissions, including small;
b. The quality and characteristics of liquid waste and material waste discharged by the
facility; and
c. The method and location of collection and disposal of liquid waste and material.
.6
Cannabis Facilities are required to obtain permits from the Municipality.
RM of Weyburn 6-2013
81
.7
The facility may be indoor or outdoor as indicated on the permit issued by Health Canada.
.8
Where a Cannabis Facility ceases operation; the facility and building(s) shall be
decommissioned and remediated in accordance with applicable Provincial and Federal
Regulations. A decommission plan may be required at the time the Development Permit
Application is submitted or at the time of decommission request.
.9
Signage
a. Only one permanent attached sign shall be permitted on the primary building face;
b. The size, design and placement of any exterior sign shall be subject to the approval of
the Municipality;
c. Sign regulations in other districts shall not apply to cannabis retail operations.
.10
Setbacks
a. The Municipality shall use the Setbacks set by the Provincial and Federal Regulations;
b. In the absence of setbacks noted in a. the minimum setbacks contained in the
appropriate District of this Bylaw shall be used, subject to c;
c. The Municipality may require greater setback when there are adjacent properties, but
not limited to, with uses or similar uses as listed below:
i.
Educational Facilities
ii.
Parks/Playgrounds
iii.
Public Recreational facilities
iv.
Daycare centers
v.
Libraries
vi.
Community Centers/Youth Centers
vii.
Places of Worship
viii.
Dwellings
ix.
Private Schools
x.
Private Recreational Facilities
5.18
GROUND MOUNT SOLAR ARRAY SYSTEMS
.1
Ground Mount Solar Array shall be enclosed by perimeter fencing to restrict unauthorized
access;
.2
The manufactures' or installer' identification and appropriate earning signage shall be
posted at the site in a clearly visible manner;
.3
Ground Mount Solar Systems are to adhere to the setbacks and height restrictions of the
district in which they are located;
.4
The following requirements shall be met for permit applications:
RM of Weyburn 6-2013
82
a. A descriptive site plan including setbacks, panel sizes, locations of property lines,
buildings, roads, and access points.
b. An agreement or evidence between the lot owner and the facility owner or operator
confirming that the owner or operator has permission of the property owner to apply for
necessary permits for construction and operation of the project.
c. Any other relevant studies, reports, certificates and approvals may be reasonably
requested by the Municipality, but not limited to design review.
.5
The following requirements shall be met for decommissioning:
a. Ground Mount Solar Systems which have not been active or continuous service for a
period of one (1) year shall be removed at the owners or operators expense.
b. The site shall be restored to as natural condition as possible within six (6) months of
the removal.
6
ZONING DISTRICTS AND ZONING MAPS
6.1
ZONING DISTRICTS
For the purpose of this Bylaw, the Rural Municipality of Weyburn No. 67 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
Hamlet District
High Profile Commercial
Light Industrial
Industrial
AR
CR
H
HPC
IND
Environmentally Sensitive
Heritage Resource
ES
HR
RM of Weyburn 6-2013
83
6.2
ZONING DISTRICT MAPS
The map, bearing the statement "This is the Zoning District Map referred to in Bylaw No. 6-2013"
adopted by the Rural Municipality of Weyburn No.67, 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.
RM of Weyburn 6-2013
84
7
AGRICULTURAL RESOURCE DISTRICT (AR)
The purpose of the Agricultural Resource District (AR) is to provide for and preserve large areas
capable of accommodating a diversity of general agricultural operations and natural resource
extraction and related activities.
In any Agricultural Resource District (AR), no person shall use any land,
building or structure or erect any building or structure except in
accordance with the following provisions:
7.1
PERMITTED USES
a) Field crops, animal and poultry raising, ranching, grazing, and other similar uses
customarily carried out in the field of general agriculture, including the sale on the
agricultural holding of any produce grown or raised on the agricultural holding but
excluding intensive livestock, P.M.U. and poultry operations, feed lots, hatcheries, and
mushroom farms;
b) One detached one unit dwelling, RTM, modular or mobile home on a quarter section or
equivalent, following the placement thereof on a permanent foundation;
c) Uses, buildings and structures accessory to the principal building or use;
d) Small-scale facilities for the processing and direct sale of crops grown or products
raised by the agricultural operation;
e) Intensive Agricultural Activities ie. tree and garden nurseries, market gardens,
greenhouses, orchards, vegetable, horticultural or fruit gardens;
f)
Beehives and honey extraction facilities;
g) Fish farming;
h) Oil and gas wells, but excluding intensive oil and gas developments ;
i)
Pipelines and related facilities;
j)
Mining operations including, but not limited to, mine offices, maintenance and
processing buildings, head frames, wells, pipelines and storage facilities;
k) Petroleum extraction development including wells, pipelines, compressor stations and
storage facilities;
l)
Institutional uses and facilities;
m) Public parks and recreational uses;
n) Places of worship;
o) Cemeteries;
p) Historical and archaeological sites;
q) Wildlife and conservation management areas;
r)
Public utilities, buildings, and structures, warehouses and storage yards excluding solid
and liquid waste disposal facilities
s) Roof Mount Solar Array
t)
Equestrian facilities
RM of Weyburn 6-2013
85
7.2
DISCRETIONARY USES
The following uses shall be considered by Council subject to the completion of the discretionary
use process as outlined in Section 3 and with regard to the discretionary use criteria provided in
Section 5 of this Bylaw:
a) Intensive Livestock Operations (over 300 Animal Units);
b) P.M.U. and poultry operations;
c) Feedlots and hatcheries;
d) Agricultural commercial;
e) Home-based businesses and home occupations;
f)
Ag-related light manufacturing, assembly, or machine shops;
g) Mobile home park;
h) Agricultural industry;
i)
Aggregate resource extraction (sand and gravel), storage and processing;
j)
Contractor's yards;
k) Trucking firm establishments;
l)
Clean fill sites;
m) Oil and gas related commercial and other similar uses;
n) One (1) agricultural accessory residence, including a mobile home;
o) Non-farm residential on sites less than a quarter(1/4) section;
p) Agricultural tourism;
q) Residential care homes;
r)
Bed and breakfast homes, where part of a single detached dwelling;
s) Garden suites;
t)
RV parks and campgrounds;
u) Temporary work camps;
v) Communication towers;
w) Private airstrip;
x) Domestic and commercial wind energy systems;
y) Solid and liquid waste disposal facilities;
z) Kennels;
aa) Harvest preserves (game farms);
bb) Asphalt plant;
cc) One (1) accessory residence to i) and j);
dd) Shooting ranges;
ee) Commercial recreational activities;
ff) Licensed Cannabis Cultivation;
gg) Licensed Micro-Cannabis Cultivation;
hh) Licensed Cannabis Processing Facility;
ii) Licensed Cannabis Nursery;
jj) Licensed Cannabis Research & Testing Facility;
kk) Licensed Cannabis Wholesaler
ll) Ground Mount Solar Array
mm)
Private Rail Lines & Rail Yards
nn) Meteorological Towers
No person shall initiate any permitted, discretionary or accessory use prior to obtaining a
Development Permit from the Development Officer.
RM of Weyburn 6-2013
86
7.3
PROHIBITED USES
a) All uses of buildings and land except those specifically noted as permitted or
discretionary.
7.4
ACCESSORY BUILDINGS AND USES
.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 unless otherwise specified in
Section 4.3.
.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 or on other lands included in the Agricultural Operation.
.4
Facilities for the direct sale of crops grown by the agricultural operation including orchards
and market gardens shall be considered as an accessory use to a farmstead or agricultural
residence in the Agricultural Resource District.
.5
Accessory Buildings shall be located adjacent to a developed all-season road.
.6
Mobile Storage Containers such as Sea Cans are accommodated as an accessory building.
7.5
SUBDIVISION AND SITE REGULATIONS
Minimum site area
Two subdivided non-farm residential sites per quarter
section.
Resource Activity: no minimum
Farm and Non-farm Residential: 1.0 hectare (2.47 acres)
to a maximum of 8 hectares (20 acres) except that, by
resolution of Council, the maximum site area may be a
greater area depending on existing physical circumstances
such as highway cut off, shelter belt, or as a result of
boundary line readjustment.
All other Permitted or Discretionary Uses (excluding
agricultural activity): 1.0 hectare (2.47 acres) and a
maximum of 8 ha (20 acres) except by resolution of Council,
the maximum site area may be greater depending on physical
circumstances such as water bodies, drainage ditch, natural
RM of Weyburn 6-2013
87
features, existing shelter belts or due to the original township
survey, road widening, road right-of-way or railways or the
required space needed for the intended use.
Minimum site frontage
30.0 metres
Minimum front yard
All buildings shall be set back a minimum of 46.0 metres
(150 feet) from the centre line of any developed road,
municipal road allowance or provincial highway and/or a
minimum of 90.0 metres (295 feet) 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
All buildings shall be set back a minimum of 15.0 metres (49
feet) or 25% of the depth of the site whichever is the lesser
Minimum side yard
All buildings shall be set back a minimum of 15.0 metres (49
feet) 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, grain bags,
dugouts and other
All shelterbelts and tree plantings shall comply with
the same setback requirements as for buildings except:
1) where the side or rear yard abuts an internal
subdivision road the setback for trees shall be 15 metres
(49 feet) from the centre line of the road; and
2) where the side or rear yard does not abut a road the
setback shall be 3 metres (10 feet) from the property
line.
All portable structures, machinery, dugouts, and the
storage of aggregate materials or grain bags shall
comply with the same setback requirements as for
buildings.
Council may reduce setback by resolution if physical
circumstances dictate.
Fence Lines
All fences shall be set back a minimum of 46.0 metres (150
feet) from the centre line of any developed road, municipal
road allowance or provincial highway. Barbed wire or similar
strand or wood fences where permitted are exempt.
Public Works and Facilities
There shall be no minimum site area required for cemeteries,
radio or communication towers or related facilities.
.1
Notwithstanding the setback provisions contained in the Zoning Dis trict Schedules, Council
may reduce the 46.0 metre (150 feet) setback for buildings and structures on municipal
roadways where physical circumstances make it unrealistic to maintain the 46.0 metre
setback.
RM of Weyburn 6-2013
88
.2
The Municipality may require greater setbacks for a Permitted or Discretionary Use if it is
deemed that the use may substantially interfere with the safety and amenity of adjacent
sites.
.3
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 7.9;
b) 457 metres from a licensed public or private liquid waste disposal facility;
c) 457 metres from a licensed public or private solid waste disposal facility;
d) 305 metres from a honey processing facility;
e) 400 metres from an Aggregate Resource extraction operation;
f)
1.0 kilometer from sour gas wells and 75 metres from other gas and oil wells;
g) 500 metres from an Ethanol, Fertilizer or Potash development;
h) 305 metres to a non-refrigerated anhydrous ammonia facility licensed by Province
of Saskatchewan;
i)
600 metres to a refrigerated anhydrous ammonia facility licensed by the Province of
Saskatchewan.
7.6
SUPPLEMENTARY DEVELOPMENT STANDARDS FOR AGRICULTURAL USES
.1
The minimum site area constituting an agricultural operation or agricultural holding shall be
64.8 hectares (160 acres) or equivalent. Equivalent shall mean 64.8 ha (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 he rein.
.2
Any existing agricultural site which does not conform to the minimum site area requirement
shall be deemed conforming with regard to site area, provided that a registered title for the
site existed at Information Services Corporation (ISC) prior to the coming into forc e of this
Bylaw.
.3
A reduced agricultural site area below 64.8 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. This does not confer the right to further develop on
these parcels. Development must comply with the provisions of the Zoning District.
7.7
FARMSTEADS
.1
A maximum of one (1) farm-related, single detached dwelling will be permitted on
agricultural sites and farmsteads. A farmstead may contain the following where located on
the same parcel:
a) a residence for the operator of an agricultural use;
RM of Weyburn 6-2013
89
b) a dormitory residence for employees or business partners of the operator engage d
in the agricultural operation;
c) facilities for the temporary holding of livestock raised in an operation ;
d) buildings for permitted accessory and ancillary uses.
.2
The Development Officer may issue a Development Permit for more than one (1) dwelling
on a parcel if:
a) it is an accessory agricultural residential dwelling to be occupied by a person or
persons who are engaged on a full-time basis for at least six (6) months of each
year in the agricultural operation;
b) the additional dwelling is located on a parcel which is a permitted agricultural
operation;
c) accessory dwellings shall only be located on sites where the accessory dwelling
can be serviced by existing utilities. Development criteria regarding Garden Su ites
are provided in Section 5.3.;
d) this provision does not permit the subdivision of this dwelling, unless it conforms to
provisions of this Bylaw with respect to residential subdivision.
.3
Notwithstanding the provisions of this Bylaw and the Official Community Plan, a mobile
home may be permitted on an existing farmstead or non-farm residential site within this
Zoning District, for a time period to be determined by, and 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 mobile
home is located;
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 Saskatchewan Ministry of Health or
government agencies respecting water and waste connections, and disposal
concerns.
.4
Each mobile home shall comply with the Canadian Standards Association (CSA) document
CAN/CSA - 240.2.1-M86 "Structural Requirements for Mobile Homes" and shall be
anchored but shall not be placed on a permanent foundation.
.5
The keeping of livestock on non-farm residential sites shall be permitted in the Agricultural
Resource District (AR) in accordance with the following schedule.
Parcel Size
Maximum Number of Animal Units Permitted
Minimum 2 hectares
Two (2) Animal Units or a maximum of 100 Poultry
Between 2 and 25 hectares
Two (2) additional Animal Units will be permitted for
each incremental increase of 2 hectares in the site size
for the raising of up to 50 animal units of Poultry,
Sheep, Goats or Hogs.
RM of Weyburn 6-2013
90
.6
Animals shall not be pastured within 15.0 metres of any dwelling or well not owned by the
owner of the animals, and no buildings or structures intended to contain birds or animals
shall be located within 30.0 metres of a dwelling, property line or well for potable water.
7.8
TEMPORARY USES
.1
A Trailer Coach used for farm employees during the farming season shall be
accommodated as a temporary/seasonal use on a permitted agricultural site.
.2
In the case of an existing, currently habitable dwelling, which is being replaced by a new
one, the existing dwelling, may, as a condition of the new Development Permit and any
related Development Agreement, be allowed to be occupied during construction, only until
the new one is habitable. At that point, the existing dwelling must be demolished or moved
off the site within six (6) months after occupancy of that dwelling. An extension request
may be made to council a minimum of thirty (30) days prior to the six (6) month expiry.
.3
Grain Storage Bags:
a) shall not be used or stored in any required yard setbacks;
b) shall not become a nuisance or impede visibility at the approach of an intersection
or obstruct snow plowing or road maintenance activities.
7.9
NON-FARM RESIDENTIAL SUBDIVISION OF AGRICULTURAL LANDS
.1
A maximum of two (2) sites may be subdivided for non-farm residential use 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 two (2) legal
residential parcels, unless rezoned to an appropriate zoning district.
.2
When a site for an existing or proposed single detached dwelling is subdivided from the
agricultural site or farmstead, the development or subdivision of such non-farm residential
uses must meet the following:
a) a site to be created by subdivision shall not be permitted unless the proposed
parcels and the remainder of the parcel being subdivided abuts, or has frontage on
a developed road, including any road to be developed at the sole expense of the
developer or under a signed servicing agreement.
b) a farmstead which contains a residence proposed for subdivision as a separate site
shall provide sufficient land area to provide for an on-site waste disposal system.
.3
Subdivision proposing to establish more than two (2) new non-farm, single parcel
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.
RM of Weyburn 6-2013
91
.4
The subdivision of parcels of agricultural land which are physically isolated from the
majority of the quarter section by a road, rail-line or watercourse will be allowed. To
preserve viable agricultural sites, such parcels should be consolidated with other adjoining
agricultural land.
.5
All proposed non-farm residential subdivisions shall observe the minimum separation
distances from intensive livestock operations and aggregated extraction operations ,
potash, oil and gas and ethanol plant developments.
.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
At the request of the current owner of the site proposed to be subdivided Council may
increase the maximum site size requirement where the change:
a) is required to include additional land required for water supply or waste disposal
systems which exist on or are proposed for the site;
b) is requested to include or facilitate any existing landscaping, buildings, structures
or natural features on the proposed site;
c) would not unnecessarily reduce, or negatively affect the existing use, size,
servicing, or access to the balance of the quarter section, or equivalent as defined
in this Bylaw; and
d) would not negatively affect the existing use, servicing, or access to any
neighbouring land which abuts the proposed new site.
7.10 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:
.1
For the purpose of this section, an Intensive Livestock Operation (ILO) shall be defined as
the rearing, sustaining, finishing or breeding by means other than grazing of more than 300
animal units of livestock or where the space per animal unit is less than 370m 2 (4000 ft2),
including buildings and structures directly related to the operation but not including a
residence, seasonal feeding or bedding sites.
a) In addition to the general requirements for a discretionary use as provided in Section 3
of this Bylaw, the following additional considerations shall be made for all applications
for:
i)
New ILOs;
ii) Expansion of Existing ILOs;
iii) Any operation involving the raising of more than 300 animal units which are
Cattle, Horses or Domesticated Ungulate animals on less than 160 acres of
land;
iv) Any operation involving the raising of more than 50 animal units which are
Poultry, Sheep, Goats or Hogs on less than 160 acres of land;
RM of Weyburn 6-2013
92
v) Any temporary facility or part of a site; or
vi) The alteration of an animal species in an approved operation.
b) In addition to any requirements contained herein, all applications for an ILO shall
conform to the regulations provided within The Agricultural Operations Act, 1995.
c) As a condition of approval, the Municipality shall specify the maximum number of
animal units for which the approval is made and specify land which may or may not be
used for the disposal or storage of manure from an ILO in order to minimize potential
land use conflicts.
d) The applicant shall be responsible for submitting a site plan and narrative including the
following:
i)
The size and type of facility;
ii) A sketch plan showing the location of existing and proposed buildings and the
distance from the development site to every residence within 1.6 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, utility provisioning and availability of adequate water
sources;
xi) Type, volume and frequency of traffic associated with the transportation related
to the operation.
e) When considering the operational/environmental aspects of an application, the Rural
Municipality shall refer all Development Permit applications to Saskatchewan Ministry
of Agriculture for their review and recommendation regarding waste storage, nutrient
and mortality management.
f)
The Municipality may require the applicant to pay for the public advertisement of a
proposal that will result in an intensive livestock operation and for the cost of a public
hearing or information session on the proposal.
g) The Municipality may require an applicant to demonstrate that the water supply is
sufficient for the development and the supply for neighbouring developments will not be
adversely affected by the proposed operation.
h) ILOs shall adhere to the following recommended minimum distance separations:
RM of Weyburn 6-2013
93
Table 5: ILO Separation Distances
Type of Development
10-49
Animal
Units
50-299
Animal
Units
300-499
Animal
Units
500-2000
Animal
Units
2000+ Animal
Units
Single family
dwelling not owned
by the ILO operator
600
metres
800
metres
670 metres
670 metres
(1 mile)
2400 metres
(1.5 miles)
Multi-Parcel Country
Residential
subdivision
600
metres
1200
metres
670 metres
2400 metres
(1.5 miles)
2400 metres
(1.5 miles)
City of Weyburn,
Hamlet of North
Weyburn
800
metres
1200
metres
2400 metres
(1.5 miles)
3200 metres
(2 miles)
3200 metres
2 miles)
i)
The Municipality may grant a reduction of the separation distance criteria where it can
be proven that a proposal will not negatively impact adjacent land uses. Prior to
granting a reduction, the Municipality will consult with all agencies deemed appropri ate
and will require registered written agreement from all land owners directly affected by
the reduction.
i.
Council may approve a separation distance that is up to 10% less than the relevant
separation distance show above, where the applicant submits a copy of a signed
agreement between the owner of the Intensive Livestock Operation, and the owner
of the other development, the hamlet, village, or city residents, agreeing to the
reduced separation distance.
ii.
Such agreements must contain a provision that the parties to the agreement will
register an interest on the titles of all affected lands owned by, or within the
jurisdiction of, both parties.
j)
In determining proximity to a multi-parcel residential subdivision, hamlet, village, city,
or recreational use, separation distances shall be measured from the area of
confinement of the animals to the property boundary of the closest developable parcel.
k) In determining proximity to a single family dwelling located on agricultural property or
to a residence within a single parcel residential subdivision not owned by the Intensive
Agricultural Operator, separation distances shall be measured from the area of
confinement of the animals to the residential dwelling.
l)
ILO's existing at the time of the adoption of this Bylaw shall continue with their current
operation. Any expansion of the operation or change of animal species or type of
operation is required to obtain written approval from the Municipality in accordance with
the requirements and conditions of this Bylaw.
m) The operator may be required to enter into a road maintenance agreement to pay for
the maintenance of roads required to provide access to the development.
n) The minimum separation distance between occupied dwellings, 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 pr operty boundary.
RM of Weyburn 6-2013
94
Table 6: Location Separation Criteria for Manure Spreading to Dwellings
Method
of
Manure
Application
Injected
Incorporated within
24 hours
No incorporation
City of Weyburn,
Hamlet of North
Weyburn, Multi-
Parcel Country
Residential
Acreages and
Riparian areas
200 metres
400 metres
800 metres
o) Crop land or improved pasture may be used for the disposal of wastes from an
intensive livestock operation by spreading of manure and such manure shall be
incorporated into the soil within twenty-four (24) hours of spreading; unless such
incorporation is prevented by adverse weather conditions, in which case incorporation
shall take place as soon as practical thereafter.
p) The Rural Municipality may require or allow an applicant to utilize manure injection into
the soil or other technology rather than conventional stockpiling and spreading. The
Municipality may consult Saskatchewan Agriculture, regarding the suitability of such
technology.
7.11 AGGREGATE EXTRACTION (SAND, GRAVEL, TOPSOIL)
In addition to the general requirements regarding discretionary use applications provided in
Section 3 of this Bylaw, the following additional considerations shall be made for all applications
for an Aggregate Extraction activity.
a) For the purpose of this section, Aggregate Resource extraction shall mean, excavation
other than for construction, building or for purposes of creating an artificial body of
water, including but not limited to, sand and gravel mining, or topsoil stripping.
b) An application proposing a new aggregate extraction use or an expansion to an existing
aggregate extraction operation shall be a temporary and discretionary use and shall
adhere to all 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) An approval of an aggregate resource extraction activity shall be for a maximum period
of two (2) years and may be renewed at the discretion of Council providing the
requirements of this Bylaw continue to be met.
e) The applicant shall submit plans and a narrative including:
i)
The location and area of the site where the excavation is to take place;
ii) The expected life of the deposit if applicable;
iii) The type and dimensions including average depth of the proposed excavation,
and the effect on existing drainage patterns on and off the site;
iv) Identification of the outdoor noise and the discharge of substances into the air;
v) The methods for preventing, controlling, or reducing erosion;
vi) Proposed access and hauling activities (including number of trucks, tonnage,
and hours of hauling);
RM of Weyburn 6-2013
95
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.
f)
Aggregate Resource extraction industries are permitted in accordance with the
following conditions:
i)
The applicant shall ensure that dust and noise control measures are undertaken
to prevent such items from becoming an annoyance to neighbouring land
owners. The applicant shall conduct dust control procedures at the request of
and to the satisfaction of the Rural Municipality. In this regard stock piles shall
be located in a position to act as a sound barrier. Also, the applicant shall
attempt to minimize the noise created by machinery and equipment.
ii) The applicant shall keep the area subject to the Development Permit in a clean
and tidy condition free from rubbish and non-aggregate debris.
iii) Access routes into extraction areas shall be located away from residential
areas.
iv) A disturbed area shall be reclaimed to a land capability equivalent to the pre -
disturbance land capability (e.g. agricultural land) or a post-disturbance
condition and land use (e.g. conversion to wetland) which are satisfactory to the
Municipality. These conservation and reclamation procedures shall be in
accordance with the Guidelines for Environmental Protection During
Development and Restoration of Sand and Gravel Pits, Saskatchewan
Environment and Public Safety, 1983.
v) Any Aggregate Resource extraction industry proposed to be located within
100.0 metres of any municipal road, provincial highway or major waterbodies or
riparian areas, shall be permitted only where it would not adversely impact the
environment, or materially interfere with or affect adjacent lands.
vi) Aggregate Resource extraction industries shall have regard to adjacent land
uses and no material is to be stored or piled on any road allowance or within
30.0 metres of the bank of any river or watercourse, and in conformance with
the provisions set out in Sec. 7.5 of this Bylaw.
vii) The general resource extraction operator and any person who hauls the
aggregate may be required to enter into a road maintenance agreement. The
Municipality may require the developer to sign an agreement for road
maintenance pursuant to The Municipalities Act, 2005 as a condition of the
approval.
viii) The Aggregate Resource extraction operator must report the amount of
aggregate extracted by November 1 of each year or the end of the hauling
season whichever comes first.
ix) The Municipality may require the Aggregate Resource extraction operator to
post a performance bond to guarantee adherence to the above noted
agreements.
7.12 OIL AND GAS DEVELOPMENT
.1
Petroleum extraction development including wells, pipelines, compressor stations and
storage facilities will be accommodated as a permitted use. Related processing and service
related development (land farms for contaminated soil, oil storage batteries, etc.) will be
accommodated as a permitted use, if such uses are already regulated by Provincial or
National Departments or Agencies.
RM of Weyburn 6-2013
96
.2
Other related processing and service related development, which is not regulated by those
Departments or Agencies shall be accommodated as Discretionary uses.
.3
Exploration and development of oil and gas shall be subject to all Federal and Provincial
requirements, and such activity must comply with the objectives and policies outlined in the
Official Community Plan.
.4
Upon approval by the Municipality, the owner of the pipeline shall provide the Municipality
at least forty-eight (48) hours' notice of the owner's intention to commence work. Written
request must be made to the Rural Municipality before construction begins and the owner
shall obtain the required municipal standards for construction for approaches and for
pipelines (flow lines) crossing road allowances.
.5
Temporary Development Permits may be issued specifying time lines and conditions for
such uses of a temporary nature such as oil and gas, mineral seismic or exploratory
activities, or other ecotourism/seasonal activities. In no way should the issuance of these
permits construe approval of projects other than that which is outlined specifically in the
permit. Council has the right to revoke said permits if any of the conditions are not met.
Temporary permits will not be issued if the use is not acceptable within the appropriate
zoning designation or incompatible with the provisions of the Official Community Plan.
.6
The Rural Municipality may apply special standards as outlined in The Municipalities Act,
2005 to protect the municipal interest when transportation, utility and pipeline facilities
cross Municipal roads, or when seismic activity is proposed on roads or road allowance.
.7
To minimize conflict between mineral resource extraction, or oil and gas operations and
surrounding land uses, the separation distances provided in Section 7.5 shall be adhered
to. These separation distances shall be used to ensure adequate separation distances
between Mineral resource extraction, oil and gas operations and other uses which may
conflict with this industry or land uses which should not be developed due to problems with
air quality or proximity to pipelines (ie. oil batteries).
7.13 SIGNAGE REGULATIONS
.1
In addition to Section 4.33 General Sign Regulations for Signs and Billboards contained in
this bylaw, the following additional development standards shall apply to the placement or
erection of signage within the AR District;
.2
Large Scale Agricultural, Commercial or Industrial Resource Use:
a. Free standing signs shall not exceed a gross surface area of 11.0 m 2 (118.4 ft2)
and a height of 7.5 metres.
b. One (1) attached sign shall be permitted not exceeding 5.6 m 2 (60.27 ft2)
.3
Recreational Use:
RM of Weyburn 6-2013
97
a. Free standing signs shall not exceed a gross surface area of 5.0 m 2 (53.82 ft 2) and
a height of 2.5 metres.
b. One (1) attached sign shall be permitted not exceeding 5.6 m 2 (60.27 ft2)
.4
Ag-Commercial and Home Based Businesses Use:
a. One (1) sign per building frontage to a maximum gross surface area of 1.0 m 2
(10.76 ft2) for an approved use and a height of 2.5 metres.
b. Illumination limited to 75 watts and shall not include electronic message boards
.5
All other Permitted and Discretionary Uses:
a. One (1) multi-faced standing sign shall be permitted per building frontage not
exceeding a gross surface area of 3.0 m 2 (32.2 ft2) and a height of 2.5 metres.
b. Where a building maintains direct exposure to more than one public right of way, a
second free standing shall be allow at Council's discretion and shall meet the
regulations.
7.14 POTASH, FERTILIZER AND ETHANOL PLANT DEVELOPMENT
.1
Potash mining operations including, but not limited to, mine offices, maintenance and
processing building, head frames, wells, pipelines and storage facilities will be
accommodated as a permitted use. Fertilizer plants or the development of an ethanol plant,
whether in association with potash mining or fertilizer operations or as an independent
operation, will be accommodated as a permitted use
.2
Other related processing and service related development (tailing ponds, tailings piles,
etc.) will be considered as accessory uses to mining operations and also accommod ated as
permitted use, if such uses are already regulated by Provincial or National Departments or
Agencies. Other related processing and service related development which is not regulated
by those Departments or Agencies shall be accommodated as discretionary uses .
.3
The regulations contained in Section 7.5 shall be used to ensure adequate separation
distances between potash, fertilizer and ethanol operations and other uses. Council shall
determine which uses may conflict with this industry.
7.15 SEPARATION DISTANCES BETWEEN MINERAL, POTASH OR OIL AND GAS
DEVELOPMENT AND OTHER USES
.1
To minimize conflict between mineral extraction, ethanol, potash or oil and gas operations
and surrounding land uses, the following separation distances shall be adhered to.
RM of Weyburn 6-2013
98
However, the separation distances may be altered by Council as a condition of a permitted
or discretionary use permit where authorized by the Zoning Bylaw.
.2
The Municipality may grant a reduction of the separation distance criteria where it can be
proven that a proposal will not negatively impact adjacent land uses. Prior to granting a
reduction, the Municipality will consult with all agencies deemed appropri ate and will
require registered written agreement from all land owners directly affected by the
reduction.
a)
Council may approve a separation distance that is up to 10% less than the
relevant separation distance shown, where the applicant submits a copy of a
signed agreement between the owner of the potash or oil and gas operation, the
owners of adjacent developments, and the Hamlet or Urban Municipality,
agreeing to the reduced separation distance.
b)
Such agreements must contain a provision that the parties to the agreement will
then be registered as an interest agreement to the titles of all affected lands
owned by, or within the jurisdiction of, both parties at Land Registry of
Information Services Corporation (ISC).
c)
Where the minimum separation would not be sufficient, but the potential land
use conflict would be reduced to acceptable levels, or eliminated with a greater
separation distance, Council may require a greater separation than shown. This
would only apply where an unacceptable land use conflict would result between
existing or future operations and developments as shown on the Future Land
Use Map in the OCP.
Table 7: Minimum Separation Distances Relating to Potash, Fertilizer, Ethanol Development,
Oil and/or Gas Operations as per The Oil and Gas Conservation Regulations, 2012 and
The Subdivision Regulations, 2014
Land Uses
Oil and Gas Development
Potash, Fertilizer or
Ethanol Development
Single dwelling or
tourist accommodation
500.0 metres from sour gas wells
125.0 metres from other gas and
oil wells
500 metres (0.5 kilometer)
Multi-Parcel Country
residential subdivisions,
Town, Village, or
Hamlets
1.0 kilometer from sour gas wells
125.0 metres from other gas and
oil wells
1.0 kilometer
Commercial Uses
At Council's discretion
At Council's Discretion
Recreational Uses
At Council's discretion
At Council's Discretion
Fertilizer, Potash or
Ethanol Development
800 metres
n/a
Oil and Gas Development
n/a
800 metres
RM of Weyburn 6-2013
99
8
COUNTRY RESIDENTIAL DISTRICT (CR)
The purpose of the Country Residential District (CR) is to accommodate a low density rural
acreage development where the essential land requirement is for a building site, open space and
rural lifestyle option rather than for productive agricultural purposes.
In any Country Residential District (CR), no person shall use any land,
building or structure or erect any building or structure except in accordance
with the following provisions:
8.1
PERMITTED USES
a) One detached one unit dwelling or RTM per site following the placement thereof on a
permanent foundation;
b) Uses, buildings and structures accessory to the principal building or use;
c) Open spaces and parks;
d) Public utilities, buildings, and structures, warehouses and storage yards excluding solid
and liquid waste disposal facilities
e) Roof Mount Solar Array
f)
Swimming pool
8.2
DISCRETIONARY USES
The following uses shall be considered by Council subject to the completion of the discretionary
use process as outlined in Section 3 and with regard to the discretionary use criteria provid ed in
Section 5 of this Bylaw. Multi-Parcel Country Residential development;
a) Multi-parcel Country Residential development;
b) Bare land condominium development;
c) Residential care home;
d) Home-based business or occupation;
e) Artisan or craft workshop;
f)
Bed and breakfast homes, where part of a single detached dwelling;
g) Vacation farms;
h) Garden suites;
i)
Domestic wind energy system;
j)
All discretionary uses deemed to be conforming at the time of the passage of this
Bylaw;
k) irrigation ponds;
l)
Modular Home;
m) Mobile or manufactured home;
n) Any dwelling under 1,000 ft²;
o) House/shop combination building;
p) Sea and rail containers
q) Ground Mount Solar Array
No person shall initiate any permitted, discretionary or accessory use prior to obtaining a
Development Permit from the Development Officer.
RM of Weyburn 6-2013
100
8.3
PROHIBITED USES
The following uses shall be strictly prohibited within any Country Residential District (CR):
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.
8.4
SUBDIVISION AND SITE REGULATIONS
Minimum site area
1.0 hectares (2.47 acres)
Maximum site area
8 hectares (20 acres) or by resolution of Council based on
topographical and physical site limitations, or as a result of
boundary line readjustment.
Minimum site frontage
30.0 metres
Bare land Condominium
developments
Site areas to be evaluated on a case-by-case basis.
Minimum Front Yard
All buildings and ponds where the front yard abuts the
following roads shall be set back a minimum of:
60 metres from the centre line of a Provincial highway
36 metres from the property line of a Highway Frontage Road
46 metres (150 feet) from the centre line of a Municipal Road
30 metres (90 feet) from the centre line of an Internal
Subdivision Road
A minimum of 90 meters is required 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.
All shelterbelts, tree plantings, and fences shall comply with
the same setback requirement as for buildings; except where the
front yard abuts an internal subdivision road, the setback for
trees shall be 15 metres (49 feet) from the centre line of the
road.
Minimum Side & Rear Yard
All buildings and ponds
1) where the side yard abuts the following roads shall be set
back a minimum of:
RM of Weyburn 6-2013
101
55 metres from the centre line of a Provincial highway;
15 metres from the property line of a Highway Frontage Road;
46 metres from the centre line of a Municipal Road;
30 metres from the centre line of an Internal Subdivision Road;
2) where the side yard does not abut a road shall be set back
a minimum of: 8 metres from property line.
All shelterbelts, tree plantings, and fences shall comply with
the same setback requirement as for buildings except:
1) where the side yard abuts an internal subdivision road the
setback for trees shall be 15 metres from the centre line of the
road; and
2) where the side yard does not abut a road the setback shall be
3 metres from the property line.
Maximum Principal Building
height
10.0 metres
Public utilities, recreational,
Institutional land uses
Exempted from minimum frontage and site area requirements.
Fence Lines
All fences abutting a road shall comply with the same setback
requirement as for buildings. Barbed wire fences or similar
strand fences, where permitted and which abut a road, are
exempt.
Where a fence does not abut a road, all fences shall be:
- set back a minimum of 3 m if the fence is intended to contain
livestock;
- permitted at the property line if the fence is for landscaping
purposes.
8.5 SUPPLEMENTARY REGULATIONS OR SPECIAL PROVISIONS
.1
The final subdivision design and approved lot density of development in the CR Zoning
District shall be determined by the carrying capacity of the lands proposed for development
as identified within the submission of a Concept Plan. Further subdivision of existing CR
developments will be reviewed on a case by case basis and the provisions are addressed
in the Official Community Plan.
.2
Each Country Residential (multi-parcel) subdivision shall be in a clustered form to facilitate
servicing and shall not exceed all requisite standards provided by the Sun Country or local
District Health Region for on-site wastewater disposal systems.
RM of Weyburn 6-2013
102
.3
The Municipality may require greater setbacks for a Permitted or Discretionary Use if it is
deemed that the use may substantially interfere with the safety and amenity of adjacent
sites.
.4
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 7.10;
b) 457 metres from a licensed public or private liquid waste disposal facility;
c) 457 metres from a licensed public or private solid waste disposal facility;
d) 305 metres from a honey processing facility;
e) 400 metres from an Aggregate Resource extraction operation;
f)
1.0 kilometer from sour gas wells and 75 metres from other gas and oil wells;
g) 1.0 kilometer from an ethanol, fertilizer or potash development;
h) 305 metres to a non-refrigerated anhydrous ammonia facility or 600 meters to a
refrigerated facility licensed by Province of Saskatchewan.
.5
Country Residential parcels may be exempted from these requirements in the case of a
parcel physically severed as a result of road right-of-way or railway plans, drainage ditch,
pipeline or transmission line, development, or natural features such as watercourses or
water bodies. In these cases 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.
.6
That council may by resolution reduce setbacks where circumstances dictate. Where it
does not interfere with the safety and amenity of adjacent sites.
8.6 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 unless otherwise specified in
Section 4.3.
.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.
RM of Weyburn 6-2013
103
.4
The ceiling height for large accessory buildings (workshops) located on Country Residential
(CR) sites may not exceed a maximum of 18 feet. The floor area for large accessory
buildings (workshops) located on Country Residential (CR) sites may not exceed a
maximum of:
-
3,000 ft² on parcels up to 5 acres;
-
4,000 ft² on parcels greater than 5 acres and up to 10 acres;
-
5,000 ft² on parcels greater than 10 acres and up to 20 acres.
.5
All workshop-related activities shall be conducted within an enclosed building. No exterior
storage of materials, goods, or waste products is permitted, except within a waste disposal
bin for collection.
8.7
LEGAL ACCESS
.1
Development of a residential dwelling, bed and breakfast home, or bare land condominium
development is prohibited unless the site abuts a developed road. In the case of a bare
land condominium development, only the outer portion of the land to be owned by the
condominium corporation requires this legal access, not the separate bare land units.
.2
For the purposes of this section "developed road" shall mean an existing graded all -
weather road on a registered right-of-way, or a road for which a signed servicing
agreement has been made by the developer with Council to provide for the construction of
the road on a registered right-of-way to a standard approved by Council.
.3
A subdivision shall not be recommended for approval by Council unless the proposed sites
and any un-subdivided remnant of the land being subdivided has frontage on a developed
road, including any road which is required to be registered and developed as a public road
under a signed servicing agreement.
8.8
TEMPORARY USES
.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 country residential site within this Zoning District, subject to a resolution of
Council, provided that the following criteria is met:
a) adherence to any permit or building bylaw or licensing requirement in effect in the
Municipality;
b) issuance of a Development Permit to the landowner, where the said trailer is located,
and the entering into of a development agreement between all affected parties, where
considered necessary, to assure that applicable development standards are adhered to;
c) compliance with any requirement of the Ministry of Health or government agencies
respecting water and waste connections, and disposal concerns ;
RM of Weyburn 6-2013
104
d) wherever a mobile home or trailer coach is allowed by Council as a temporary
discretionary use during construction of a single detached dwelling, it shall be removed
within 30 days after occupancy of that dwelling;
e) each mobile home shall comply with the Canadian Standards Association (CSA)
document CAN/CSA - 240.2.1-M86 "Structural Requirements for Mobile Homes" and
shall be anchored but shall not be placed on a permanent foundation.
.2
In the case of an existing, currently habitable dwelling, which is being replaced by a new
one, the existing dwelling, may, as a condition of the new Development Permit, be allowed
to be occupied during construction, only until the new one is habitable. At that point, the
existing dwelling must be demolished or moved off the site within six (6) months after
occupancy of that dwelling. An extension request may be made to council a minimum of
thirty (30) days prior to the six (6) month expiry.
8.9
KEEPING OF LIVESTOCK
.1
The keeping of livestock shall be permitted in any Country Residential District (CR) in
accordance with the following schedule:
.2
Animals shall not be pastured within 15.0 metres of any dwelling or well not owned by the
owner of the animals. No buildings or structures intended to contain birds or animals shall
be located within 30.0 metres of a dwelling, property line or well for potable water.
8.10 SWIMMING POOL REGULATIONS
.1
All swimming pools, maintenance equipment and appurtenances thereto shall be
constructed and located so as to have a yard not less than 3.0 metres 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 metres 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.
Parcel Size
Maximum Number of Animal Units
Permitted
2 hectares (5 acres)
Two (2) Animal Units
Greater than 2 hectares
2 Animal Units per each incremental
increase of 2 hectares to a maximum of five
(5) Livestock or 100 Poultry
RM of Weyburn 6-2013
105
8.11
SIGNAGE REGULATIONS
.1
In addition to Section 4.33 General Sign Regulations for Signs and Billboards contained in
this bylaw, the following additional development standards shall apply to the placement or
erection of signage within the CR District;
.2
Billboards shall be prohibited in the Country Residential (CR) District.
RM of Weyburn 6-2013
106
9
HAMLET DISTRICT-H
The purpose of the Hamlet District (H) is to accommodate the existing Hamlets
of North Weyburn and Hamlet of Ralph which provide an alternative residential
lifestyle choice.
In any Hamlet District (H), no person shall use any land, building or
structure or erect any building or structure except in accordance with
the following provisions
9.1
PERMITTED USES
a) One detached one unit dwelling;
b) Uses, buildings and structures accessory to the foregoing permitted uses and located
on the same site with the main use;
c) Playgrounds and parks;
d) Public works, buildings, and structures, warehouses and storage yards, excluding solid
and liquid waste disposal sites
e) Roof Mount Solar Array
f)
Residential Care Home
g) Swimming pool
9.2
DISCRETIONARY USES
The following uses shall be considered by Council subject to the completion of the discretionary
use process as outlined in Section 3 and with regard to the discretionary use criteria provided in
Section 5 of this Bylaw.
a) Semi-detached or duplex dwellings;
b) Personal service trade (ie. hair stylist);
c) Small scale commercial activities (i.e. landscape business);
d) Bed and breakfast home;
e) Recreational (ie. sports fields, rinks, tennis courts, and other similar uses);
f)
Lodges, social clubs, service clubs;
g) Places of worship and community halls;
h) Home-based business or occupation;
i)
Artisan or craft workshop;
j)
Large accessory buildings (floor area greater than 67 m² to a maximum of 178 m²)
k) Ground Mount Solar Array
9.3
PROHIBITED USES
The following uses shall be strictly prohibited within a Hamlet District (H):
a) All uses of land, buildings or industrial processes that may be noxious or injurious, or
constitute a nuisance beyond the building which contains it by reason of the production
or emission of dust, smoke, refuse, matter, odour, gas, fumes, noise, vibration or other
similar substances or conditions;
b) the keeping of livestock;
RM of Weyburn 6-2013
107
c) all uses of buildings and land except those specifically noted as permitted or
discretionary.
9.4
SUBDIVISION AND SITE REGULATIONS
Minimum site area
Single Detached Dwellings: 464.5 m² with a lane,
557.4 m² without a lane
Institutional and Recreational: Minimum: 0.4 hectares (1 acre)
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.
Other Uses to be determined on specific land use needs
Minimum site frontage
15.3 m with a lane, 19.8 metres without a lane
Minimum front yard
All buildings shall be set back a minimum of 7.6 metres from the
property line.
Minimum side yard
All buildings shall be set back a minimum of 1.5 metres from the
property line.
Minimum rear yard
Principal buildings shall be set back a minimum of 6.0 metres) from
the rear property line. Accessory Buildings 1.5 metres.
Maximum building
height
Principal buildings: 10.0 metres. Accessory buildings: 7.6 metres as
measured from the finished grade to the bottom of the eave of the
building e.g. not including the eaves of the building.
Public Utilities and
Institutional Uses
Exempted from minimum frontage and site area requirements.
a) The Development Officer may require a greater setback for a permitted or discretionary
use if it is deemed that the use may substantially interfere with the safety and amenity
of adjacent sites.
b) Re-development of former residential sites shall be determined by the availability of
potable water and wastewater treatment carrying capacity of the lands proposed for
development. The developer shall ensure that there is an available water supply,
access to an existing sewage disposal facility, or an on-site wastewater disposal
system which meets all requisite standards provided by the District Health Region , and
that meets The Public Health Act and Regulations requirements.
c) Where minimum front, side or rear yards are required in a Hamlet 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 metres into any required front or
rear yard;
RM of Weyburn 6-2013
108
ii.
window sills, roof overhangs, eaves, gutters, bay windows, chimneys, and
similar alterations projecting a distance of 0.6 metres into any required yard.
9.5
ACCESSORY BUILDINGS AND USES
a) A permitted accessory use/building shall be defined as any building, structure or a use
which is customarily accessory to the principal use of the site, but only if the principal
permitted use or discretionary use has been established.
b) All accessory uses, buildings or structures require the submission of an application for
a Development Permit prior to commencing the use or construction unless it is
identified as exempt from this process in Section 3 of the General Administration of this
Bylaw.
c) General performance standards for accessory buildings shall meet the same
requirements as the principal use or building.
d) Permitted accessory buildings located on a single site in this District shall not exceed a
floor area of 67 m² (721 ft 2).
e) The building floor area for discretionary large accessory buildings (workshops) may not
exceed 178 m² (1920 ft²) except at Council's discretion where a larger building will not
adversely affect neighboring properties and meets required setbacks and separation
distances.
f)
All workshop-related activities shall be conducted within an enclosed building.
g) No exterior storage of materials, goods, or waste products is permitted, except within a
waste disposal bin for collection.
9.6
FENCE AND HEDGE HEIGHTS
.1
No hedge, fence or other structure shall be:
a) erected past any property line;
b) 2.0 metres for the portion of the fence that does not extend beyond the foremost
portion of the principle building on the site; and
c) 1.0 metres for the portion of the fence that extends beyond the f oremost portion of the
principal building on the site.
.2
Except permitted accessory buildings, no fence or other structure shall be erected to a
height of more than 2.0 metres.
.3
Barbed wire or similar strand fences shall be prohibited.
9.7
OUTDOOR STORAGE
a) The outdoor storage or collection of goods and materials is prohibited in a front yard in
any Hamlet District.
RM of Weyburn 6-2013
109
b) Outdoor storage is permitted in a side or rear yard in a Hamlet District only when the
goods or material being stored are clearly accessory and incidental to the principal use
of the property.
c) Council may apply special standards as a condition or for a discretionary use approval
regarding the location of areas used for storage for that use.
d) No wrecked, partially dismantled vehicles 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 including 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.
9.8
SIGNAGE REGULATIONS
.1
In addition to Section 4.33 General Sign Regulations for Signs and Billboards contained in
this bylaw, the following additional development standards shall apply to the placement or
erection of signage within the H District;
.2
Billboards shall be prohibited in the Hamlet (H) District.
RM of Weyburn 6-2013
110
10 HIGH PROFILE COMMERCIAL LIGHT INDUSTRIAL DISTRICT (HPC)
The purpose of the High Profile Commercial Light Industrial District (HPC) is to accommodate
Highway-related Commercial and Light Industrial activities located primarily
along provincial highways and municipal roadways.
In the High Profile Commercial Light Industrial District (HPC), no person
shall use any land, building or structure or erect any building or structure
except in accordance with the following provisions:
10.1 PERMITTED USES
a) Uses, buildings and structures accessory to the principal building or use;
b) Offices and professional office buildings;
c) General Commercial Type I;
d) Agricultural commercial;
e) Service station, car wash or gas bar;
f)
Hotels or motels;
g) Market gardens, tree nurseries;
h) Lumber and building supply uses;
i)
Home improvement centres;
j)
Sales, rental, leasing and associated servicing of automobiles, trucks, motorcycles ,
recreational vehicles, industrial equipment and agricultural implements;
k) Small scale repair services;
l)
Greenhouses or landscape nursery stock farms (including sales of plants, trees, shrubs
and plant supplies such as fertilizers and related products);
m) Veterinary clinics;
n) Tourist facilities;
o) Self-storage facilities;
p) Energy and communication service depots;
q) Intensive recreation uses (e.g. arenas, sports stadium) and similar uses;
r)
Public works, buildings, and structures, warehouses and storage yards , excluding solid
and liquid waste disposal facilities
s) Roof Mount Solar Array
10.2 DISCRETIONARY USES
The following uses shall be considered by Council subject to the completion of the discretionary
use process as outlined in Section 3 and with regard to the discretionary use criteria provided in
Section 5 of this Bylaw.
a) Bulk fuel sales and storage;
b) Bulk agricultural chemical distribution facilities;
c) General Industry Type I;
d) General Commercial Type II;
e) Animal kennels and domestic animal boarding facilities;
f)
Trucking firm establishments;
RM of Weyburn 6-2013
111
g) Auctioneering establishments;
h) Concrete and asphalt plants;
i)
Feed pelleting plants and feed mills;
j)
Seed cleaning plants;
k) Mobile storage containers including sea and rail containers;
l)
Domestic wind energy systems;
m) Communication towers;
n) Campgrounds;
o) Contractor's yard.
p) Aggregate Storage
q) Ground Mount Solar Array
No person shall initiate any permitted, discretionary or accessory use prior to obtaining a
Development Permit from the Development Officer.
10.3 PROHIBITED USES
The following uses shall be strictly prohibited within the High Profile Commercial Light Industrial
District (HPC)):
a) All uses of buildings and land except those specifically noted as permitted or
discretionary;
b) Any structure to be used as a dwelling unit including RV, and camper trailers;
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.
10.4 SUBDIVISION AND SITE REGULATIONS
Minimum site area
0.4 hectare (1.0 acre). The minimum site size may be
reduced based on physical circumstances unique to the site.
Maximum site area
4.0 hectares (10 acres) or greater depending upon physical
circumstances unique to the site
Minimum site frontage
25.0 metres
Minimum Front Yard
All buildings where the front yard abuts the
following roads shall be set back a minimum of:
55 metres from the centre line of a Provincial highway
15 metres from the property line of a Highway Frontage Road
46 metres from the centre line of a Municipal Road
15 metres from the property line of an Internal Subdivision
Road
RM of Weyburn 6-2013
112
A minimum of 90 meters is required 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.
All shelterbelts, tree plantings, and other shall comply
with the same setback requirement as for buildings; except
where the front yard abuts an internal subdivision road the
setback for trees shall be 5 metres from the property line.
Minimum Side Yard
All buildings
1) where the side yard abuts the following roads
shall be set back a minimum of:
55 metres from the centre line of a Provincial highway;
15 metres from the property line of a Highway Frontage
Road;
46 metres from the centre line of a Municipal Road;
10 metres from the property line of an Internal Subdivision
Road;
2) where the side yard does not abut a road shall be
set back a minimum of: 8 metres from property line.
All shelterbelts, tree plantings, and other shall comply
with the same setback requirement as for buildings except:
1) where the side yard abuts an internal subdivision road the
setback for trees shall be 5 metres from the property line of
the road; and
2) where the side yard does not abut a road the setback shall
be 3 metres from the property line.
Minimum rear yard
Buildings
Same setbacks as Side Yard except where the side yard
does not abut a road shall be set back a minimum of 6
metres from property line.
All shelterbelts, tree plantings, and other where the side
yard does not abut a road the setback shall be 3 metres from
the property line.
Portable structures,
machinery and the storage of
aggregate materials
Shall comply with the same setback requirement as for
buildings.
Public utilities, recreational,
Institutional land uses
Exempted from minimum frontage and site area
requirements.
RM of Weyburn 6-2013
113
10.5 ACCESSORY BUILDINGS AND USES
.1
A permitted accessory use/building shall be defined as any buildings, structures or a use
which is customarily accessory to the principal use of the site, but only if the principal
permitted use or discretionary use has been established.
.2
All accessory uses, buildings or structures require the submission of an application for a
Development Permit prior to commencing the use or construction unless it is identified as
exempt from this process in Section 3 of the General Administration of this Bylaw.
.3
Setbacks and general performance standards for accessory buildings shall meet the same
requirements as the principal use or building.
10.6 SUPPLEMENTARY REGULATIONS OR SPECIAL PROVISIONS
.1
The Municipality may require greater setbacks 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 existing parcel which does not conform to the minimum or maximum site area
requirement shall be deemed conforming with regard to site area, provided that a
registered title for the site existed at Information Services Corporation (Land Titles Office)
prior to the coming into force of this Bylaw.
.3
Council may by resolution allow for a greater site size in the case of a parcel physically
severed as a result of road right-of-way or railways plans, drainage, pipeline or
transmission line, physical circumstances or the required space needed to the inten ded
use.
.4
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 Saskatchewan Health Authority, Saskatchewan Water
Security, Ministry of Environment or any other applicable authority responsible for
regulating with regard to their development and operation.
.5
A building may be occupied by a combination of one or more permitted or discretionary
uses listed within this Zoning District; however, each use shall obtain a separate
Development Permit.
.6
All areas to be used for vehicular traffic shall be designed and constructed to the
satisfaction of the Municipality.
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10.7 PARKING REQUIREMENTS
.1
All uses shall be required to have a minimum of five (5) parking spaces.
10.8 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.
Off-Street Loading Spaces
Required Loading Spaces
10.9 LANDSCAPING/ BUFFER STRIP REQUIREMENTS
.1
In addition the requirements contained within Section 4.13 of the General Regulations, the
following additional conditions shall be met for developments within a High Profile
Commercial Light Industrial District (HPC):
i.
where a Commercial site abuts any Country Residential District, City, Village or
Hamlet without an intervening road, there shall be a strip of land adjacent to the
abutting site line of not less than 3.0 metres in depth throughout, which shall not be
used for any purpose except landscaping.
Width
5.5 metres
Length
12 metres
Height Clearance
4.2 metres
Between 93m² and 800m² of gross floor space
1 space
Between 800m² and 5,500 m² of gross floor space
2 spaces
Between 5,501m² and 10,000m² of gross floor
space
3 spaces
Greater than 10,000m² of gross floor area
3 spaces plus one for each additional 4,000m²
of gross floor area or fraction thereof.
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10.10 OUTSIDE 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 commercial displays shall be a minimum of 5.0 metres from any site line and
not block the vision of drivers both on-site and within a sight triangle.
.4
All outdoor storage must be screened from view from adjacent roadways and public lands
by a solid fence, landscape materials, berm, vegetative plantings or any combination of the
above at least 2.0 metres in height.
.5
Commercial vehicles and equipment associated with an approved use may be stored on-
site provided the area used for storage of these vehicles does not exceed the area of the
building used by the business to carry out its operations. No vehicles, materials or
equipment shall be in a state of disrepair.
10.11 OILFIELD SUPPLY AND SERVICE, BULK PETROLEUM STORAGE AND
AGRICHEMICAL STORAGE SITES
a) All operations shall comply with all regulations of the Saskatchewan Ministry of
Environment and other appropriate governmental departments or agencies
responsible for regulating public safety with regard to their development and
operation.
b) Bulk petroleum storage tanks are to be located in accordance with the National Fire
Code of Canada, 1990, as amended from time to time.
c)
Agrichemical sales and storage facilities are to be constructed and operated in
compliance with The Agrichemical Warehouse Standards Association's
Warehousing Audit Protocols and User Guide, as amended from time to time.
10.12 SIGNAGE REGULATIONS
.1
In addition to Section 4.33 General Sign Regulations for Signs and Billboards contained in
this bylaw, the following additional development standards shall apply to the placement or
erection of signage within the HPC District;
.2
Where a building maintains direct exposure to more than one public right of way additional
signs shall be at the Municipality's discretion.
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11 INDUSTRIAL DISTRICT (IND)
The purpose of the Industrial District (IND) is to facilitate the development of
light, and heavy industrial activities located primarily along provincial
highways and municipal roadways.
In any Industrial District (IND), no person shall use any land, building or
structure or erect any building or structure except in accordance with
the following provisions:
11.1 PERMITTED USES
a) General Industry Type I;
b) General Industry Type ll;
c) Agricultural industry;
d) Uses and buildings accessory to the principal building or use;
e) Agricultural commercial;
f)
Seed processing and cleaning activities;
g) Feed mills and feed pellet plants;
h) Trucking firm establishments;
i)
Storage yards (excluding asphalt or cement plants);
j)
Contractor's yard;
k) Aggregate storage;
l)
Energy and communication service depots and facilities;
m) Warehouses, supply depots and similar uses;
n) Mobile storage containers including sea and rail containers;
o) Public works, buildings, and structures, warehouses and storage yards excluding liquid
and solid waste disposal facilities
p) Roof Mount Solar Array
11.2 DISCRETIONARY USES
The following uses shall be considered by Council subject to the completion of the discretionary
use process as outlined in Section 3 and with regard to the discretionary use criteria provided in
Section 5 of this Bylaw.
a) General Industry Type lll;
b) General Commercial I and II
c) Ethanol plants;
d) Fertilizer plants;
e) Agricultural supply depots;
f)
Oilfield equipment parking lot and staging area;
g) Grain storage terminals and elevators;
h) Bulk petroleum sales and storage;
i)
Bulk agricultural chemical distribution facilities;
j)
Petroleum or mineral processing facilities;
k) Metallic or non-metallic mineral (ie. potash) mines or extraction facilities including
pumping stations;
RM of Weyburn 6-2013
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l)
Service stations, car wash or gas bar;
m) Sales, rental, leasing and associated servicing of farm machinery, automobiles, trucks,
motorcycles, recreational vehicles, industrial equipment and agricultural implements ;
n) Restaurants;
o) Asphalt or cement plants;
p) Salvage yards and machine wrecker operations;
q) Domestic (private) wind energy systems;
r)
Communication towers;
s) Auctioneering establishments;
t)
Livestock holding stations;
u) Anhydrous ammonia storage and distribution;
v) Bulk propane storage and distribution;
w) Abattoirs, poultry eviscerating and processing/packing plants;
x) Solid and liquid waste disposal facility
y) Ground Mount Solar Array
z) Private Rail Lines & Rail Yards
No person shall initiate any permitted, discretionary or accessory use prior to obtaining a
Development Permit from the Development Officer.
11.3 PROHIBITED USES
The following uses shall be strictly prohibited within an Industrial District (IND):
a) Any structure to be used as a dwelling unit including RV's, Camper Trailers.
b) All uses of buildings and land except those specifically noted as permitted or
discretionary.
11.4 SUBDIVISION AND SITE REGULATIONS
Minimum site area
0.8 ha (2 acres). The minimum site size may be reduced based on
physical circumstances unique to the site.
Minimum site frontage
30.0 metres
Minimum Front Yard
All buildings where the front yard abuts the following roads
shall be set back a minimum of:
55 metres from the centre line of a Provincial highway
15 metres from the property line of a Highway Frontage Road
46 metres from the centre line of a Municipal Road
15 metres from the property line of an Internal Subdivision Road
A minimum of 90 meters is required from the intersection of the
RM of Weyburn 6-2013
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centre lines of any municipal roads or provincial highway or such
greater distance as required for e.g. site triangle.
All shelterbelts, tree plantings, and other shall comply with the
same setback requirement as for buildings; except where the front
yard abuts an internal subdivision road the setback for trees shall be
5 metres from the property line.
Minimum Side Yard
All buildings
1) where the side yard abuts the following roads shall be set
back a minimum of:
55 metres from the centre line of a Provincial highway;
15 metres from the property line of a Highway Frontage Road;
46 metres from the centre line of a Municipal Road;
10 metres from the property line of an Internal Subdivision Road;
2) where the side yard does not abut a road shall be set
back a minimum of: 8 metres from property line.
All shelterbelts, tree plantings, and other shall comply with the
same setback requirement as for buildings except:
1) where the side yard abuts an internal subdivision road the setback
for trees shall be 5 metres from the property line of the road; and
2) where the side yard does not abut a road the setback shall be 3
metres from the property line.
Minimum rear yard
Buildings
Same setbacks as Side Yard except where the side yard does not
abut a road shall be set back a minimum of 6 metres from property
line.
All shelterbelts, tree plantings, and other where the side yard does
not abut a road the setback shall be 3 metres from the property line.
Portable structures,
machinery and the storage
of aggregate materials
Shall comply with the same setback requirement as for buildings.
Public utilities or
recreational land uses
Exempted from minimum frontage and site area requirements.
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119
11.5
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.
11.6
SUPPLEMENTARY REGULATIONS OR SPECIAL PROVISIONS
.1
The Municipality may require greater setbacks 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 t he coming into
force of this Bylaw.
.3
Council may by resolution allow for a greater site size in the case of a parcel physically
severed as a result of road right-of-way or railways plans, drainage, pipeline or
transmission line, physical circumstances or the required space needed to the inten ded
use.
.4
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 Saskatchewan Health Authority, Saskatchewan Water
Security, Ministry of Environment or any other applicable authority responsible for
regulating with regard to their development and operation.
.5
A building may be occupied by a combination of one or more of the permitted or
discretionary uses listed within this Zoning District; however each use shall obtain a
separate Development Permit.
.6
All areas to be used for vehicular traffic shall be designed and constructed to the
satisfaction of the Municipality.
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120
11.7
LOADING REQUIREMENTS
Where the use of a building or site involves the receipt, distribution, or dispatch by vehicles of
materials, goods, or merchandise, adequate space for such vehicles to stand for loading and
unloading without restricting access to all parts of the site shall be provided on the site.
On-Site Loading Spaces
Required Loading Spaces
11.8
PARKING REQUIREMENTS
.1
All uses shall be required to have a minimum of five (5) parking spaces.
11.9
LANDSCAPING/ BUFFER STRIP REQUIREMENTS
.1
In addition the requirements contained within Section 4.13 of the General Regulations, the
following additional conditions shall be met for developments within a n Industrial District:
i.
Where an Industrial site abuts any Country Residential District, City, Village or
Hamlet, without an intervening road, there shall be a strip of land adjacent to the
abutting site line of not less than 3.0 metres in depth throughout, which shall not be
used for any purpose except landscaping.
Width
5.5 metres
Length
12 metres
Height Clearance
4.2 metres
Between 93m² and 800m² of gross floor space
1 space
Between 800m² and 5,500 m² of gross floor space
2 spaces
Between 5,501m² and 10,000m² of gross floor
space
3 spaces
Greater than 10,000m² of gross floor area
3 spaces plus one for each additional 4,000m²
of gross floor area or fraction thereof.
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121
11.10 OUTDOOR STORAGE
a) 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 Municipality. No
storage shall be permitted in the front yard.
b) Outdoor storage is permitted in side and rear yards.
c) Open air operations, storage and display of goods or material are prohibited in any
front yard. The storage and display of goods shall be permitted in a front yard where it
is deemed essential to facilitate a permitted or approved discretionary use.
d) All outside storage shall be fenced and where the area abuts a City, Village, Hamlet, or
Country Residential District without an intervening street or lane, the storage area shall
be screened with a solid fence or hedge at least 2.0 metres in height;
e) All automobile parts, dismantled vehicles, storage drums and crates, stockpiled
material, and similar articles and materials shall be stored within a building or suitably
screened.
f)
Industrial vehicles and equipment associated with an approved use may be stored on-
site.
g) Access to lots shall be located to ensure that heavy truck traffic is directed to
designated truck routes.
h) By resolution of Council, aggregate storage may be required to be screened or other
appropriate measures taken to ensure the safety and security of site.
11.11 SIGNAGE REGULATIONS
.1
In addition to Section 4.33 General Sign Regulations and Billboards contained in this
bylaw, the following additional development standards shall apply to the placement or
erection of signage within the IND District;
.2
Were a building maintains direct exposure to more than one public right of way additional
signs shall be at the Municipality's discretion.
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12 ENVIRONMENTALLY SENSITIVE LANDS OVERLAY (ES)
The intent of this Overlay area is to address development in areas that are considered
Environmentally Sensitive. The following provisions are intended to apply supplementary standards
for development in areas designated as having potential environmental sensitivities (ie. water
sources) or natural hazards conditions (unstable slopes, flooding) in order:
-
To manage development in identified and potentially environmentally
sensitive areas;
-
To limit development in areas that are considered hazardous for
development in order to minimize property damage due to flooding;
-
To limit development in areas that are considered hazardous for
development for reasons of excessive soil erodibility and/or ground
instability.
12.1 AREAS WITHIN THE ES OVERLAY DISTRICT
-
All land within the Environmentally Sensitive Overlay District and shown on
Reference Maps in Appendices and any other maps included in the OCP which
may be amended from time to time to reflect flood hazard, and
Environmentally Sensitive areas, and are also identified on the Zoning Map;
-
All land within 150 metres of any public, commercial/industrial wells, or public
water source (Nickle Lake, Souris River).
-
All land within 457 metres of any waste disposal sites.
-
All land within 457 metres of any of the municipal, commercial or industrial sewage
lagoons, and the existing ILO Lagoon.
12.2 OVERLAY DISTRICT REGULATIONS
.1
All the regulations of the District, which underlies the ES District, shall be used by Council
as a guideline in establishing conditions, which may be applied to location -sensitive
Development Permits for the specific use being requested.
.2
Where a proposed development of a new use and any required access driveway is located
within 150.0 metres of an area defined as Environmentally Sensitive land in the OCP or as
an Environmentally Sensitive (ES) District on the Zoning Map, Council may require the
applicant to submit sufficient topographic or other information to determine if the
development will be within 50.0 metres of any slopes that may be unstable, or within any
river or stream flood plain, or other land that may be subject to flooding.
.3
Identified actions for hazard avoidance, prevention, mitigation or remedy for any
development proposed in an ES Overlay District may be incorporated as special conditions
of a Development Permit. Where such special conditions conflict with any other regulation
of this Bylaw, the special conditions shall take precedence. Council shall refuse a permit
for any development for which, in Council's opinion, the proposed actions are inadequate to
address the adverse effects or may result in excessive costs for the Municipality.
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No person shall within an Environmentally Sensitive Lands Overlay District or, as identified
on reference maps, use any land, or erect, alter or use any building or structure, except in
accordance with the following provisions.
12.3 PERMITTED USES
a) Agricultural uses, but not including buildings and structures accessory thereto; and
does not include irrigation works or Intensive Livestock Operations;
b) Recreational uses;
c) Wildlife habitats and sanctuaries.
12.4 DISCRETIONARY USES
The following uses may be permitted only by resolution of Council and only in locations specified
by Council:
a) One detached one unit dwelling, RTM or modular home following the placement thereof
on a permanent foundation, and buildings accessory thereto subject to appropriate site
development regulations (slope instability or flood proofing);
b) Home occupations;
c) Large accessory buildings.
12.5 SITE DEVELOPMENT REGULATIONS FOR SLOPE INSTABILITY AREAS
.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 presenting potential erosion and/or
slope instability hazard includes but is not limited to the slopes of Souris River and
Weyburn Watercourses, Nickle Lake and the Tatagwa Parkway and any tributary creeks
and gullies. 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.
.3
Any application for a Development Permit on any parcel of land that lies wholly or partially
within an area identified in the "Environmentally Sensitive Lands Overlay Area" must be
accompanied by a detailed site analysis prepared by a geotechnical engineer registered in
the Province of Saskatchewan. The site analysis shall indicate topography, surface
drainage, geological, and geotechnical conditions at the site of the proposed development
and related to the conditions of the general area as they relate to slope instability and
erosion hazards.
.4
The geotechnical engineer shall answer the following questions:
a) Will the proposed development be detrimentally affected by natural erosion or slope
instability?
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b) Will the proposed development increase the potential for erosion or slope instability
that may affect the proposed development, or any other property?
.5
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 prope rty. 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.
.6
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.
.7
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.
.8
Where a parcel of land borders on or contains a water body, the setback from the bank of
the water body shall be determined by the Municipality but shall not be less than 30.0
metres from a water body of 8 hectares or more.
12.6 SITE DEVELOPMENT REGULATIONS FOR FLOOD HAZARD CAUTIONARY
AREAS
.1
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 t he Safe
Building Elevation. The Saskatchewan Water Security Agency will assist and provide
comment when possible. The developer shall be responsible for the cost of providing this
information.
.2
If Saskatchewan Water Security Agency is unable to provide the require information,
developers will be required to provide professional, certified environmental, geotechnical
and/or hydrological reports to address development hazards and may require a preliminary
analysis by a professional engineer or environmental scientist to identify whic h hazards
may exist in the area of a proposed development. Council may refuse to authorize
development of structures on such land or may authorize such developments only in
accordance with recommended preventative mitigation measures which eliminate the risk or
reduce the risk to an acceptable level and remedial measures.
.3
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
RM of Weyburn 6-2013
125
site/development meets approved flood-proofing measures to the 1:500 design flood
elevation, plus an additional 0.5 m freeboard.
No person shall backfill, grade, deposit earth or other material, excavate, or store goods or
materials on these lands nor plant any vegetation parallel to the water flow.
.4
"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.
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126
13 HERITAGE RESOURCE OVERLAY (HR)
The Intent of the Heritage Resource Overlay district 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
resource potential.
13.1 DEFINING THE BOUNDARY
Archaeological, historic features and paleontological sensitive lands within
the Rural Municipality include:
a) Lands located within the same quarter-section as, or within 500 metres of, a Site of a
Special Nature as defined in The Heritage Property Act.
b) Lands within 500 metres of other previously recorded sites, unless they can be shown
to be of low heritage significance.
c) All known heritage sites, based on archaeological records, shown on the website and
available "Developer's Online Screening Tool" and any Reference Maps in Appendix
''C'' of the Official Community Plan.
13.2 SITE REGULATIONS IN THE HERITAGE RESOURCES OVERLAY AREA
.1
The Municipality will require the developer to search and identify any known heritage sites
within 500 metres of any recorded heritage sensitive lands and to comply with all Province
of Saskatchewan legislation.
.2
Any substantive development that lies within these sensitive lands shall be referred to the
Provincial Heritage Unit for a heritage review.
.3
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.
.4
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.
.5
Heritage resource development shall be a discretionary use in all zones. Heritage resource
development shall be exempted from site and frontage area requirements.
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127
14 REPEAL AND ADOPTION
Bylaw 5-2005 and all previous Zoning Bylaws and subsequent amendments, excluding any current
Contract Zoning Bylaws shall be repealed upon Bylaw 06-2013, The Zoning Bylaw, coming into
force and effect.
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
2013.
Read a Second time this
day of
2013.
Read a Third time and adopted this
day of
2013.
_________________________
Reeve
S E A L
_________________________
Rural Municipal Administrator
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128
ZONING MAP
RM of Weyburn 6-2013
129
APPENDIX "A"
DEVELOPMENT PERMIT APPLICATION REQUIREMENTS
Development Permit application shall include:
1. Application Form
A completed application form.
2. Site Plan
Two copies of a proposed development site plan showing with labels, the following existing and
proposed information (as the case may be):
a) a scale and north arrow;
b) a legal description of the site;
c) mailing address of owner or owner's representative;
d) site lines and required site line setbacks;
e) front, rear, and side yard requirements;
f)
site topography and special site conditions (which may require a contour map), including ponds,
streams, other drainage runs, culverts, ditches, and any other drainage features;
g) the location of any buildings, structures, easements, and dimensioned to the site lines;
h) the location and size of trees and other vegetation, especially natural vegetation;
i)
proposed on-site and off-site services;
j)
landscaping and other physical site features;
k) a dimensioned layout of parking areas, entrances, and exits;
l)
abutting roads and streets, including service roads a nd alleys;
m) an outline, to scale, of adjacent buildings on adjoining sites;
n) the use of adjacent buildings and any windows overlooking the new proposal;
o) fencing or other suitable screening;
p) garbage and outdoor storage areas; and
q) other, as required by the Development Officer or Council to effectively administer this Bylaw.
3. Building Plan
A plan showing with labels, the elevations, floor plan, and a perspective drawing of the proposed
development.
4. Landscape Plan
A landscape plan showing, with labels, the following:
a) the existing topography;
b) the vegetation to be retained and/or removed;
c) the type and layout of:
i)
hard (e.g., structures) and soft (e.g., vegetation) landscaping;
ii) the open space system, screening, berms, slopes;
iii) other, as required, to effectively administer this Bylaw;
RM of Weyburn 6-2013
130
d) areas to be damaged or altered by construction activities and proposed methods of restoration;
e) a schedule of site stripping and grading, construction, and site restoration, including methods to
be employed to reduce or eliminate erosion by wind, water, or by other means; and
historical and archaeological heritage resources and management areas .
5. Vicinity Map
A vicinity map showing, with labels, the location of the proposed development in relation to the
following features within three (3) kilometers:
a) Nearby municipal roads, highways and railways;
b) Urban Municipalities or Residential Developments;
c) Significant physical features, environmentally sensitive areas, and more or less pristine natural
areas or features, especially undisturbed grassland, wooded ravines, and water feature or stream
courses;
d) Critical wildlife habitat and management areas;
e) Mineral extraction resources and management areas; and
f)
Other as required, to effectively administer this Bylaw.
6. Certificate of Title
A copy of the Certificate of Title, indicating ownership and all encumbrances.
7. Valid Interest
Development Permit applicants shall be required to provide information, to the Development Officer's
or Council's satisfaction, that they have a current, valid interest in the land proposed for development.
Proof of current valid interest may include :
a) proof of ownership
b) an agreement for sale
c) an offer or option to purchase
d) a letter of purchase
e) a lease for a period of more than 10 years
f)
other, as determined and accepted by Council, or the Development Officer.
8. Site Description
a) A proposed plan of subdivision prepared by a Saskatchewan Land Surveyor or Professional
Community Planner and signed by the registered site owner or appointed agent;
b) A Site Plan that identifies setbacks, neighbouring buildings and any natural features accompanied
by an accurate sketch and air photo image (ie. Google image);
c) Photographic Information and photographs showing the site in its existing state.
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131
APPENDIX "B"
Development Permit Application
The Zoning Bylaw provides for permitted and discretionary uses in each zoning
district. Every person is required to obtain a development permit before
commencing any construction or use of land except provided within the Zoning
Bylaw.
Application Fee:
The R.M. of Weyburn No. 67 outlines the fees within the Planning and
Development Fee Bylaw.
Where additional fees are required to obtain a permit, the additional fee shall be
paid in full prior to issuance of such permit.
Application Requirements:
The following information is required in order to make an application:
a) Completed application form;
b) Submission of any additional necessary appendices;
c) Receipt of full payment of applicable fee;
d) Provide a detailed site plan, drawing to scale, on a separate sheet showing,
in detail, the site for proposed development including the following at a
minimum:
a. North arrow;
b. Boundaries of parcel including approximate dimensions;
c. Location and dimensions of existing buildings and structures and distances
from the property boundaries;
d. Location of trees or other vegetation or screening devices and distances
from property boundaries;
e. Location of all existing and proposed utilities;
f. Location of all existing and proposed approached and driveways;
g. Site topography and special site conditions distinguishing physical features
located on or adjacent to the property including but not limited to sloughs,
streams, culverts, drainage ways, wetlands, slopes, bluffs, etc. (depending
on circumstances may require contour map or additional information);
h. A dimensional layout of parking areas, entrances and exits;
i. Others, as required by the Development Officer or Council to effectively
administer this Bylaw.
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132
Development Permit Application
APPLICANT:
Name:
Address:
Phone Number:
Email:
REGISTERED OWNER:
As Above:
Address:
Phone Number:
Email:
Legal Description of land proposed for development:
All/Part of
Section
Township
Range
W2
LSD(s):
Lot(s):
Block(s):
Registered Plan Number:
Existing Land Use:
Agricultural Resource (AR)
Country Residential (CR)
Hamlet (H)
High Profile Commercial (HPC)
Industrial (IND)
Detailed Description of current land use:
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Proposed new use of land and/or buildings:
Size of Building (If required):
Length: _______ Width: _______ Height: _______
Additional Information:
Declaration by Applicant:
I, __________________________________ of ______________________________
in the Province of Saskatchewan, solemnly declare that all of the above statements
within the application are true, and I make this solemn declaration conscientiously
believing to be true, and knowing that it is of the same force and effect as made
under oath, and by virtue of "The Canada Evidence Act."
I agree to indemnify and hold harmless the Rural Municipality of Weyburn No. 67
from and against any claims, damage, liabilities, costs and damages related to the
development undertaken pursuant to this application.
Date:
Signature:
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134
APPENDIX "C"
Notice of Decision
Approval of Development Permit
Application No.
Date:
APPLICANT:
Address:
Phone Number:
Email:
REGISTERED OWNER:
As Above:
Address:
Phone Number:
Email:
Legal Description:
All/Part of ______ Section________ Township_________ Range________ W2
LSD(s):______Lot(s): ______Block(s): _______ Registered Plan Number: _________
Proposed Development:
Decision:
Permitted Use - Approved - Date: ___ _________________________
Discretionary Use - Approved by Resolution No. ______ Date: ______
Conditions of Approval:
1)
General Comments:
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135
If any digging or excavating is to be done SaskTel, SaskPower, and SaskEnergy must
be contacted for a free cable, power, and pipeline locations service. Please
contact SASK 1st CALL at 1-866-828-4888 for line locates. If any construction plans
conflict with these facilities, the owner will be required to contact the corporation
to discuss details regarding the possibility of moving the facilities and related
costs.
Note: This Permit expires 1 (one) year from the above date.
Approval of this application and issuance of a Development Permit does not
absolve the applicant of obtaining other permits and approvals as may be
required according to other Municipal, Provincial and Federal government
legislation.
Development Officer:
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136
APPENDIX "D"
Notice of Decision
Development Permit or Zoning Bylaw Amendment
Application No.
Date:
Applicant:
Address:
This is to advise you that your application for a:
⎯
Permitted Use of Form of Development
⎯
Discretionary Use of Form of Development
⎯
Request for a Zoning Bylaw Amendment
Has Been:
⎯
Approved
⎯
Approved subject to conditions or Development Standards as listed in
the attached schedule:
⎯
Refused for the following reasons:
If your application has been approved with or without conditions, this form is
considered to be the Development Permit granted pursuant to the Zoning Bylaw.
Note: This Permit expires 1 (one) year from the above date.
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137
Approval of this application and issuance of a Development Permit does not
absolve the applicant of obtaining other permits and approvals as may be
required according to other Municipal, Provincial and Federal government
legislation.
A building permit is also required for a building construction.
Right of Appeal
Please be advised that under Section 59 of The Planning and Development Act,
2007:
⎯
You may NOT appeal the refusal of your application for a use or form
of development that is not permitted within the zoning district of the
application.
⎯
You may NOT appeal the refusal of your application for a
Discretionary Use of form of development.
⎯
You MAY APPEAL those standards that you consider excessive in the
approval of the discretionary use of or for of development.
⎯
You MAY APPEAL the refusal of your application if you feel that the
Development Officer has misapplied that Zoning Bylaws in the issuing
of this permit.
Date:
Development Officer: