Rural Municipality of Stanley No. 215, Saskatchewan
· No. 215
· adopted 2019-02-12
· summary & facts
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Zoning Bylaw
Rural Municipality of Stanley No. 215
2019
Zoning Bylaw for the RM of Stanley No. 215
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The Rural Municipality of Stanley No. 215
Bylaw No. 2-2019
A Bylaw of the Rural Municipality of Stanley No. 215 (RM) to adopt a Zoning Bylaw.
The Council of the Rural Municipality of Stanley, in the Province of Saskatchewan, in open meeting assembled
enacts as follows:
1) Pursuant to Section 46(1) of The Planning and Development Act, 2007 the Council of the Rural
Municipality of Stanley hereby adopts the Rural Municipality of Stanley No. 215 Zoning Bylaw,
identified as Schedule "A" to this bylaw.
2) The Reeve and municipal Administrator are hereby authorized to sign and seal Schedule "A" which is
attached to and forms part of this Bylaw.
3) This bylaw shall come into force on the date of final approval by the Minister of Government
Relations.
Read a First Time the 8th day of January, 2019.
Read a Second Time the 12th day of February, 2019.
Read a Third Time the 12th day of February, 2019.
Adoption of this Bylaw this 12th day of February, 2019.
REEVE
ADMINISTRATOR
SEAL
SEAL
Zoning Bylaw for the RM of Stanley No. 215
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Schedule A:
Rural Municipality of Stanley No. 215
Zoning Bylaw
Zoning Bylaw for the RM of Stanley No. 215
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Table of Contents
1
Introduction ..................................................................................................................................................................................6
1.1
Authority .................................................................................................................................................................................................... 6
1.2
Title .............................................................................................................................................................................................................. 6
1.3
Purpose ........................................................................................................................................................................................................ 6
1.4
Scope............................................................................................................................................................................................................ 6
1.5
Severability ................................................................................................................................................................................................ 6
2
Administration .............................................................................................................................................................................7
2.1
Development Officer ............................................................................................................................................................................. 7
2.2
Council ........................................................................................................................................................................................................ 7
2.3
Interpretation............................................................................................................................................................................................. 7
2.4
Bylaw Compliance ................................................................................................................................................................................. 7
2.5
Development Not Requiring a Permit ............................................................................................................................................. 7
2.6
Application for a Development Permit ........................................................................................................................................... 8
2.7
Referral of Application ......................................................................................................................................................................... 9
2.8
Procedure for Issuing Development Permits ................................................................................................................................ 9
2.9
Development Permit for a Temporary Use ................................................................................................................................ 10
2.10
Development Permit Validity .......................................................................................................................................................... 11
2.11
Building Permits, Licenses, and Compliance with Other Bylaws..................................................................................... 11
2.12
Development Appeals Board ........................................................................................................................................................... 12
2.13
Minor Variance ..................................................................................................................................................................................... 12
2.14
Amending the Zoning Bylaw .......................................................................................................................................................... 13
2.15
Agreements ............................................................................................................................................................................................. 14
2.16
Fees and Advertising .......................................................................................................................................................................... 14
2.17
Offences and Penalties ....................................................................................................................................................................... 14
3
General Regulations ................................................................................................................................................................ 15
3.1
Natural Hazard Lands ......................................................................................................................................................................... 15
3.2
Groundwater Protection ..................................................................................................................................................................... 16
3.3
Wildlife Habitat and Environmentally Sensitive Land .......................................................................................................... 16
3.4
Heritage Sensitive Land .................................................................................................................................................................... 16
3.5
First Nations, Metis and Crown Land .......................................................................................................................................... 16
3.6
Number of Principal Buildings and Uses on a Parcel ............................................................................................................ 17
3.7
Uses Permitted in All Zoning Districts ........................................................................................................................................ 17
3.8
Accessory Uses, Structures and Buildings ................................................................................................................................. 17
3.9
Public Utilities and Municipal Facilities ..................................................................................................................................... 17
3.10
Restoration to a Safe Condition ...................................................................................................................................................... 18
3.11
Grading and Levelling of Sites ....................................................................................................................................................... 18
3.12
Non-conforming Uses, Sites and Buildings ............................................................................................................................... 18
3.13
Prohibited and Noxious Uses .......................................................................................................................................................... 18
3.14
Vehicle Storage ..................................................................................................................................................................................... 19
3.15
Signs and Billboards ........................................................................................................................................................................... 19
3.16
Access and Approaches ..................................................................................................................................................................... 19
3.17
Sight Triangle ........................................................................................................................................................................................ 20
3.18
Setbacks ................................................................................................................................................................................................... 20
3.19
Concept Plan .......................................................................................................................................................................................... 21
4
Standards and Criteria for Specific Uses .......................................................................................................................... 22
4.1
General Criteria Applicable to all Discretionary Uses .......................................................................................................... 22
4.2
RTM (Ready-to-Move) and Modular Homes ........................................................................................................................... 22
4.3
Work Camps .......................................................................................................................................................................................... 23
4.4
Salvage Yards ........................................................................................................................................................................................ 23
4.5
Solid and Liquid Waste Disposal Facilities ............................................................................................................................... 24
4.6
Home-based Businesses .................................................................................................................................................................... 24
4.7
Bed-and-Breakfast Homes and Vacation Farm Operations ................................................................................................. 24
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4.8
Campgrounds ......................................................................................................................................................................................... 25
4.9
Fences ....................................................................................................................................................................................................... 26
4.10
Sea and Rail Containers ..................................................................................................................................................................... 26
4.11
Storage of Chemicals, Fertilizers and Combustible Materials............................................................................................ 26
4.12
Railways .................................................................................................................................................................................................. 26
4.13
Communication Towers .................................................................................................................................................................... 27
4.14
Wind Farm Energy Systems (Commercial) ............................................................................................................................... 27
4.15
Private Wind Energy Systems ......................................................................................................................................................... 28
4.16
Solar Farms (Commercial) ............................................................................................................................................................... 29
4.17
Satellite Dishes and Individual Solar Collectors ...................................................................................................................... 29
4.18
Cannabis Production Facilities ....................................................................................................................................................... 30
4.19
Aggregate Resource (Sand and Gravel) Development .......................................................................................................... 31
4.20
Potash Exploration and Development .......................................................................................................................................... 32
4.21
Oil and Gas Development ................................................................................................................................................................. 33
4.22
Separation Distances for Mineral, Potash, and Oil and Gas ................................................................................................ 33
4.23
Rodeo Facilities and Equestrian Centers..................................................................................................................................... 34
5
Zoning Districts ........................................................................................................................................................................ 35
5.1
Districts .................................................................................................................................................................................................... 35
5.2
Zoning District Map ............................................................................................................................................................................ 35
5.3
Boundaries .............................................................................................................................................................................................. 35
5.4
Regulations ............................................................................................................................................................................................. 35
6
Agricultural-Resource District (A-R) ................................................................................................................................. 36
6.1
Permitted Uses ...................................................................................................................................................................................... 36
6.2
Discretionary Uses ............................................................................................................................................................................... 37
Subdivision and Site ........................................................................................................................................................................... 37
6.3
Regulations ............................................................................................................................................................................................. 37
6.4
Supplementary Development Standards for the Agricultural-Resource District ......................................................... 38
7
Country Residential District (CR) ....................................................................................................................................... 43
7.1
Permitted Uses ...................................................................................................................................................................................... 43
7.2
Discretionary Uses ............................................................................................................................................................................... 43
7.3
Subdivision and Site Regulations .................................................................................................................................................. 43
7.4
Supplementary Development Standards for the Country Residential District ............................................................. 44
8
Commercial-Industrial District (C-I) ................................................................................................................................. 46
8.1
Permitted Uses ...................................................................................................................................................................................... 47
8.2
Discretionary Uses ............................................................................................................................................................................... 47
8.3
Subdivision and Site Regulations .................................................................................................................................................. 48
8.4
Supplementary Regulations for the Commercial-Industrial District ................................................................................ 48
9
Hamlet District (H) .................................................................................................................................................................. 50
9.1
Permitted Uses ...................................................................................................................................................................................... 50
9.2
Discretionary Uses ............................................................................................................................................................................... 50
9.3
Subdivision and Site Regulations .................................................................................................................................................. 51
9.4
Supplementary Development Standards for the Hamlet District ....................................................................................... 52
10 Definitions .................................................................................................................................................................................. 54
11 Appendix A Development Review Criteria ....................................................................................................................... 62
12 Appendix B - Zoning Map ..................................................................................................................................................... 63
13 Appendix C Development Opportunities and Constraints Map ........................................................................... 66
Zoning Bylaw for the RM of Stanley No. 215
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1 Introduction
1.1
Authority
Under the authority granted by The Planning and Development Act, 2007 (hereinafter referred to as the Act), the
Reeve and Council of the Rural Municipality of Stanley No. 215 (hereinafter referred to as the RM or the
Municipality) in the Province of Saskatchewan, in open meeting hereby enact as follows:
1.2
Title
This bylaw shall be known as the "Zoning Bylaw of the Rural Municipality of Stanley No. 215".
1.3
Purpose
1.3.1
The purpose of this bylaw is to regulate development and the use of land in the RM, in accordance with
the Official Community Plan Bylaw No. 1-2019 (hereinafter referred to as the OCP or the Plan). The
bylaw will provide for the health, safety, and general welfare of the residents of the RM.
1.3.2
The intent of this zoning bylaw is to provide for the amenity of the area within the RM and for the
health, safety and general welfare of the inhabitants:
a) To minimize land use conflicts;
b) To establish minimum standards for development;
c) To ensure development is consistent with the physical limitations of the land;
d) To restrict development that places undue financial demand on the RM for services; and
e) To provide for land use and development that is consistent with the goals, objectives, and policies
of the Plan.
1.4
Scope
This bylaw applies to all land within the RM boundaries. All new development within the limits of the
municipality shall comply with the provisions of this bylaw.
1.5
Severability
If any part of this bylaw, including anything shown on the zoning district map, is declared to be invalid for any
reason, by an authority of competent jurisdiction, the validity, effectiveness, or enforceability of the bylaw as a
whole, or any other part, section or provision of this bylaw will not be affected.
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2 Administration
2.1
Development Officer
2.1.1
The RM Administrator, or anyone else designated by Council, shall be the Development Officer
responsible for the administration of this bylaw. In their absence, Council may designate another
employee of the Municipality.
2.1.2
The Development Officer shall:
a) Receive, record, and review development permit applications and issue decisions in consultation
with Council, particularly those involving subdivisions, discretionary uses, development permit
conditions, development agreements, and servicing agreements;
b) Maintain, for inspection by the public during office hours, a copy of this bylaw, zoning map(s),
and amendments thereto and ensure copies are available to the public for a reasonable cost;
c) Make available, for public inspection, during office hours, a register of all development permits
and decisions on subdivision applications;
d) Collect development fees, according to Section 2.16 of this bylaw or the fee schedule established
by a separate municipal fees bylaw; and
e) Perform other duties as determined by Council.
2.2
Council
2.2.1
Council shall make all decisions regarding discretionary uses, development agreements, and servicing
agreements, and amendments to the planning bylaws.
2.2.2
Council shall receive and review all subdivision applications circulated to it by Saskatchewan Ministry
of Government Relations. Council shall endeavour to submit a recommendation to the Ministry within
the given timeframe and prior to a decision being finalized by the Ministry.
2.2.3
Council shall act on discretionary use, rezoning, and subdivision applications in accordance with the
procedures established by the Act and in accordance with the OCP and the zoning bylaw.
2.3
Interpretation
2.3.1
Where any provision of this bylaw appears unclear, Council shall make the final bylaw interpretation.
2.3.2
All bylaw requirements shall be based on the stated metric units. The imperial units shown in this
bylaw shall be approximate guidelines only.
2.3.3
No existing development or site shall be deemed non-conforming due to non-compliance with the
metric units used in the zoning bylaw.
2.4
Bylaw Compliance
Errors 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.
2.5
Development Not Requiring a Permit
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The following developments are exempt from obtaining a development permit, but shall meet the requirements
of this zoning bylaw:
2.5.1
Agricultural District:
a) The planting, management and harvesting of field crops and gardens.
b) The management of pastures, which are not part of an intensive livestock operation (ILO).
c) Uses, structures and buildings, which are accessory to an approved principal use, provided they
are not part of an intensive livestock operation (ILO).
2.5.2
All Zoning Districts
a) Uses, structures and buildings, which are accessory to an approved principal use and which are
less than 10.0 square metres (107.6 square feet) in area.
b) Public utilities and municipal facilities, buildings and uses.
c) Fences, subject to Section 4.9.
d) Landscaping on private lands, excluding major excavations, filling or alteration to on-site or off-
site drainage.
e) Signs, subject to Section 3.14.
f)
Potable and non-potable water wells on existing, developed sites. Wells on new or undeveloped
sites are subject to permit requirements.
2.5.3
Temporary Development: Unless otherwise stated, development incidental to an approved
construction site
2.6
Application for a Development Permit
2.6.1
Unless the proposed development or use is exempt from development permit requirements, no person
shall commence a development without an approved development permit. Prior to beginning any
development, every developer shall complete and submit a development permit application.
2.6.2
The development permit application shall be in the form prescribed by the Development Officer and
shall include:
a) A description of the intended use or proposed development, including any change in building use
or land use;
b) Legal land description;
c) The signature of the applicant and the registered landowner(s);
d) A copy of the Certificate of Title;
e) Estimated commencement and completion dates, including any phasing;
f)
Floor plans and elevations of the proposed development (which will be kept at the municipal
office for future reference);
g) Written evidence that the regional health authority, or the Water Security Agency, has approved
the water supply and method of sewage disposal, or evidence that an application for approval has
been sent to the regional health authority. If approval has not been obtained at the time of
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application, the approval of such systems may be included as a condition of development permit
approval.
h) An attached site plan which shall include:
i.
All adjacent roads, highways, service roads and access to the site (label on site plan);
ii.
Rights-of-way and easements (gas, oil, power, drainage, etc.);
iii.
All drainage courses;
iv.
Existing development on the site;
v.
Location of proposed development;
vi.
Landscaping details (existing trees, removal of trees, proposed plantings, berms, water
features, etc.);
vii.
Setbacks to the property line, road, services, and other buildings on-site;
viii.
Water bodies and the top of the bank;
ix.
Location of existing and proposed services: well or cistern and method of sewage disposal;
x.
Signs: location and details like artwork, colors, size, lights, etc.;
xi.
Parking and loading facilities;
xii.
Sidewalks, patios, playgrounds;
xiii.
North arrow; and
xiv.
Any additional information deemed necessary by Council or the Development Officer.
2.7
Referral of Application
2.7.1
The Development Officer may refer any application to Council for a decision regarding the
interpretation of the bylaw or regarding special conditions provided for in the bylaw. The
Development Officer shall inform the applicant of the date and time when Council will consider the
matter. Council, or the Development Officer, may require the applicant to provide any additional
information necessary to finalize a decision.
2.7.2
The Development Officer may refer the application to any internal or external department or
organization for review or comment prior to issuing a development permit. Any recommendations
received may be applied as conditions to the development permit.
2.7.3
The Development Officer shall maintain a record of all approved development permit applications that
involve the installation of water and sanitary services, should provincial officials request such
information under the Public Health Act, 1994.
2.8
Procedure for Issuing Development Permits
Upon completion of the review of an application for development, including external referrals, the Development
Officer shall determine if the proposed development is permitted, discretionary or prohibited.
2.8.1
Permitted Use
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a) The Development Officer shall be authorized to issue a decision on a development permit
application for a permitted use.
b) The Development Officer will issue a written decision on a development permit when the
application conforms to the zoning bylaw. The permit may include any special regulations,
conditions, performance standards or development standards authorized by this bylaw.
c) The Development Officer will issue a written refusal, when the application does not comply with
a provision or regulation of this bylaw. The decision shall state the reason(s) for refusal.
2.8.2
Discretionary Use
a) The Development Officer shall review the application for conformance with the OCP and the
zoning bylaw, particularly the development criteria listed in Sections 4 and 11 of this bylaw, and
any other relevant policies, regulations and legislation.
b) The Development Officer will prepare a report for Council. The report shall include the criteria
for consideration of the discretionary use. The application and report shall be referred to Council
for a decision.
c) At least seven (7) days before the application is to be considered by Council, the Development
Officer shall provide public notice of the discretionary use application and the related public
hearing. The notice must be provided to:
i.
The assessed owners of property within 75 metres (246 feet) of the boundaries of the
applicant's land; and
ii.
Any other landowners the Development Officer feels should be notified, or who may be
affected by the proposal.
d) Council shall finalize a decision on a discretionary use, by resolution. The decision shall approve,
approve with development standards or conditions, or refuse the application and direct the
Development Officer to:
i.
Where the development complies with the standards of this bylaw, issue a development
permit in writing and incorporate any specific development standards set by Council;
ii.
Where the development does not comply with the standards of this bylaw, issue a notice of
refusal, in writing, to the applicant stating the reasons for the refusal. The decision shall
reference the specific discretionary use criteria the application did not meet;
iii.
Provide all applicants with the effective date of the decision and information on their right
of appeal.
iv.
Council may approve a discretionary use application for a limited period of time if it is
considered necessary to monitor and re-evaluate the proposal and its conformance with the
provisions of this bylaw or the official community plan.
2.8.3
Prohibited Use
If the proposed development is not listed as a permitted or discretionary use in the applicable zoning district, it
is considered a prohibited use.
2.9
Development Permit for a Temporary Use
2.9.1
The Development Officer may issue a development permit for a temporary use, with specified
conditions for a specified period of time, to accommodate developments incidental to approved
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construction, temporary accommodation, temporary gravel operations or asphalt plants, or other
appropriate temporary uses.
2.9.2
Nothing in this bylaw shall prevent the use of land, or the erection or use of any building or structure
for a construction camp, tool shed, scaffold, or other building or structure incidental to and necessary
for construction work on the premises, but only for so long as such use, building, or structure is
necessary for such construction work as has not been finished or abandoned.
2.9.3
Every temporary use shall be approved for a specified period. Unless otherwise stated in this bylaw, a
temporary use shall not exceed twelve months.
2.9.4
Where a development permit for a temporary use is granted for less than twelve months, the permit
may be renewed at Council's discretion for another period of not more than twelve months.
2.9.5
Upon expiration of the period for which the temporary use was approved, the use shall be discontinued
and all temporary structures removed.
2.9.6
A temporary use must meet the zoning requirements of the applicable zoning district.
2.9.7
Council may, at its discretion, revoke a temporary development permit should the use violate any of the
permit conditions, conflict with adjacent land uses or cause a nuisance. Permanent structures shall not
be permitted in association with a temporary use.
2.10 Development Permit Validity
2.10.1
Unless otherwise stated, all development permits are valid for a period of twelve months.
2.10.2
Council or the Development Officer may cancel a development permit, and when cancelled,
development shall cease:
a) If the proposed development is not commenced within the time period for which the permit is
valid.
b) If the proposed development is legally suspended, or discontinued, for a period of six or more
months, unless otherwise indicated by Council or the Development Officer;
c) If the development is deemed to be undertaken in contravention to this bylaw, the development
permit and/or specified development standards;
d) When the RM receives notice that an appeal regarding the development permit has been filed with
the Development Appeals Board;
e) If the intensity of use increases;
f)
If the development is varied from the application as approved;
g) Where Council or the Development Officer is satisfied that a development permit was issued
based on false or mistaken information;
h) Where new information is identified pertaining to environmental protection, flood potential, or
slope instability; or
i)
When a developer requests a development permit modification.
2.11 Building Permits, Licenses, and Compliance with Other Bylaws
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2.11.1
Nothing in this bylaw shall exempt any person from complying with the municipal building bylaw or
any other municipal bylaw.
2.11.2
In addition to the requirements of this bylaw, an applicant must comply with federal and provincial
legislation and regulations.
2.11.3
A building permit, where required, shall not be issued for a development unless a required development
permit has been issued, or is issued concurrently. A building permit issued before a development
permit is not valid until the required development permit has been issued.
2.12 Development Appeals Board
2.12.1
Council shall appoint a Development Appeals Board (the Board) in accordance with Sections 49 and
214 to 218 of the Act.
2.12.2
The composition of the Board, the secretary, remuneration and expenses, powers, duties and
responsibilities shall be as per Council's policy, which shall be adopted by resolution.
2.12.3
The Board has the authority to hear an appeal based on:
a) The approval of a development permit, where it is alleged the Development Officer misapplied
the zoning bylaw in approving the proposal;
b) The refusal, by the Development Officer, to issue a development permit because the proposal
contravenes the zoning bylaw;
c) The development standards or conditions attached to Council's approval of a discretionary use; or
d) An order to repair or correct contraventions under a nuisance bylaw adopted under The
Municipalities Act (Sections 364 and 365) or a zoning bylaw The Planning and Development Act,
2007 (Section 242).
2.12.4
The Board does not have the authority to hear an appeal based on:
a) The refusal of a discretionary use application;
b) The refusal of a zoning bylaw amendment including rezoning; or
c) A decision concerning a subdivision application.
2.12.5
Anyone applying for an appeal must send written notice of appeal to the Secretary of the Board within:
a) Thirty (30) days of a Development Officer's decision being issued;
b) Thirty (30) days of the failure of a Council to finalize a decision;
c) Thirty (30) days of receiving a permit with terms and conditions; or
d) Fifteen (15) days if appealed under The Municipalities Act, or thirty (30) days under The Planning
and Development Act, 2007, of an order being served to repair or correct contraventions.
2.12.6
In making an appeal to the Board, and hearing such appeal, the provisions of The Planning and
Development Act, 2007 shall apply.
2.13 Minor Variance
2.13.1
Council may vary the requirements of this zoning bylaw for the:
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a) Minimum required distance of a building from the lot line;
b) Minimum required distance of a building to any other building on the lot.
2.13.2
The maximum amount of variance given by Council shall not exceed 10% from the requirements
established in this zoning bylaw.
2.13.3
The development must conform to all other land use requirements established in this zoning bylaw and
the relaxation of the bylaw requirement shall not injuriously affect neighbouring properties.
2.13.4
A minor variance shall not be granted for a discretionary use or form of development.
2.13.5
The Development Officer shall refer the application for a minor variance to Council. Council shall
approve, approve with conditions or refuse the minor variance.
2.13.6
If Council refuses the application, the Development Officer shall provide written notice to the applicant
and provide reason(s) for the refusal.
2.13.7
Where Council, approves the application, with or without conditions, the Development Officer shall
provide written notice, delivered by registered mail, to the applicant and to the assessed owners of
property who have a common boundary with the applicant's land. The notice shall include:
a) A summary of the application;
b) Reasons for Council's approval;
c) The effective date of the decision;
d) Notice that the assessed owners of adjoining property may lodge a written objection to Council or
the Development Officer within twenty (20) days of receiving the notice. If an objection is
lodged, the approval is deemed revoked and the Development Officer shall notify the
development permit applicant, in writing, of the revocation of the approval and the applicant's
right to appeal the revocation to the Development Appeals Board.
2.13.8
If an application for a minor variance is refused, the applicant may appeal the refusal to the
Development Appeals Board within thirty (30) days of that decision.
2.13.9
The Development Officer shall maintain a complete and current record of all applications and decisions
for minor variances.
2.14 Amending the Zoning Bylaw
2.14.1
Any person who seeks to amend this zoning bylaw must apply to the Development Officer for
amendment. The Development Officer shall review the application for conformity with the OCP and
Section 11 of this bylaw. The Development Officer will then refer the application to Council for
consideration.
2.14.2
The application for a zoning amendment is subject to fees as set out in Section 2.16 of this bylaw or in
the fee schedule established by a separate municipal fee bylaw.
2.14.3
Prior to Council's review, the Development Officer may refer the amendment application to any
internal or external departments or organizations for review or comment.
2.14.4
The process for public notification and public participation during the bylaw adoption process shall be
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as per Part X of The Planning and Development Act, 2007.
2.14.5
Premature rezoning of land for development shall not be common practice.
2.14.6
Council shall consider zoning bylaw amendments to accommodate proposals, only when specific
development proposals, subdivision applications, servicing agreements, and other required information,
have been presented to and reviewed by Council.
2.15 Agreements
2.15.1
Council may require an applicant of a subdivision or development permit to enter into a servicing
agreement or development levy agreement, respectively. The agreement should ensure conformity
with the OCP and zoning bylaw and ensure adequate financing for on-site and off-site infrastructure as
per The Planning and Development Act, 2007.
2.15.2
As part of a servicing agreement or development levy agreement, Council may require the applicant to
post and maintain a performance bond, irrevocable letter of credit or similar legal mechanism to ensure
performance and to protect municipal and public interests.
2.15.3
Council will require the applicant to provide and maintain liability insurance to protect the applicant,
the municipality and the public.
2.15.4
By entering into a servicing or development levy agreement, Council will ensure there is adequate
municipal infrastructure and public facilities to support the proposed development. The agreement
may address sewage disposal, garbage disposal, availability and adequacy of water, recreational
facilities, etc.
2.16 Fees and Advertising
2.16.1
When an application is made to Council for a development permit, a discretionary use, a minor
variance, or an amendment to this bylaw, the applicant making the request shall bear the actual cost of
any advertising, as permitted by The Planning and Development Act, 2007. In addition, the applicant
shall pay all costs incurred in carrying out a public hearing.
2.16.2
Pursuant to Section 51 of The Planning and Development Act, 2007, the municipality may adopt a
separate municipal fee bylaw. Such bylaw would establish a schedule of fees to be charged for
planning and development.
2.17 Offences and Penalties
2.17.1
Pursuant to Section 242 of The Planning and Development Act, 2007 the Development Officer may
issue a written order to the owner, operator or occupant of the land, building or premises for any
contravention to this zoning bylaw or the OCP.
2.17.2
Any person who violates this zoning bylaw is guilty of an offence and is liable, on summary
conviction, to the penalties outlined in Section 243 of The Planning and Development Act, 2007.
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3 General Regulations
The following regulations shall apply to all lands within the Rural Municipality of Stanley No. 215:
3.1
Natural Hazard Lands
3.1.1
Land identified on the Development Opportunities and Constraints Map as being a waterbody,
watercourse, or quarry and land adjacent to these areas shall be considered potentially hazardous.
3.1.2
Where a development is proposed in an area identified on the Development Constraint Map as being
potentially hazardous, or where local knowledge identifies the potential for hazard, Council will require
the applicant to submit sufficient supporting information to determine if the development is appropriate
for the site. Such proposals, and the supporting information, may be referred to federal or provincial
departments, or other relevant environmental agencies, for comments prior to finalizing a decision.
3.1.3
Supporting information shall be in the form of a report or an assessment, the cost of which shall be
borne by the developer. The report shall be prepared by a qualified professional, and should assess the
suitability of the site for the proposed development. The report should address:
a) The potential for flooding and the locations of the floodway and flood fringe of the 1:500 flood
elevation;
b) The potential for slope instability before and after the development and any proposed
improvements (geotechnical report);
c) The suitability of the location for the proposed use or building, given the site constraints;
d) Any other potential, or residual, environmental hazards;
e) Actions to avoid, prevent, mitigate or remedy hazards, which will be incorporated as a condition
of a development permit.
3.1.4
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.
3.1.5
Development of new buildings and additions to buildings in the flood way of the 1:500 year flood
elevation of any watercourse or water body will be prohibited.
3.1.6
Flood proofing of new buildings and additions to buildings to an elevation of 0.5 metres (1.64 feet)
above the 1:500 flood elevation of any watercourses or water bodies will be required in the flood
fringe.
3.1.7
A development permit will be refused if the developer's proposed mitigation measures are inadequate
to address the adverse conditions or will result in excessive municipal costs.
3.1.8
For the purpose of this bylaw, appropriate flood proofing measures shall mean:
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a) That all buildings shall be designed to prevent structural damage by flood waters;
b) The first floor of all buildings shall be constructed above the designated safe building elevation;
and
c) All electrical and mechanical equipment within a building shall be located above the designated
safe building elevation.
3.2
Groundwater Protection
3.2.1
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
satisfaction of the regional health authority and/or the Water Security Agency.
3.2.2
If in the opinion of Council, the groundwater may be adversely affected; a professional report shall be
prepared at the cost of the developer. The report/study shall determine whether the proposed
development would adversely affect the groundwater or the stability of the land and shall include
conditions under which appropriate development may be approved. Council shall make a
recommendation for a subdivision or development permit based on the information in the study and
estimated cost of municipal servicing.
3.3
Wildlife Habitat and Environmentally Sensitive Land
3.3.1
Where development is proposed in an area identified on the Development Opportunities and
Constraints Map, or by other means, as containing critical wildlife habitat or environmentally sensitive
areas, the Development Officer may require the applicant to provide additional information as required
by Council in order to make an informed decision.
3.3.2
Such supporting information may be in the form of a report or assessment by a qualified professional or
comments from the relevant provincial agency(ies).
3.4
Heritage Sensitive Land
3.4.1
Where development is proposed in an area identified on the Development Opportunities and
Constraints Map as being potentially heritage sensitive:
a) The Development Officer may require the applicant to provide additional information as required
by the applicable provincial legislation.
b) The RM will refer a developer to the "Exempt Activities Checklist for Private Landowners" and
the "Developer's Online Screening Tool", both administered by the Heritage Conservation
Branch, to determine if a proposed development is exempt from archaeological heritage
screening.
c) A developer shall demonstrate clearance from the Heritage Conservation Branch prior to the RM
issuing a development permit.
3.5
First Nations, Metis and Crown Land
3.5.1
Development proposals on or adjacent to unoccupied Crown land or in proximity to a First Nations or
Metis community will require additional consultation prior to finalizing a decision.
3.5.2
Consultation may involve information letters, phone calls, meetings, or other forms of engagement.
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The level of consultation will depend on the potential for impact.
3.5.3
Where there is a potential for proposed development to negatively impact First Nations or Metis
communities, further investigation will be required in order to identify and reduce or eliminate
potential impacts. If sufficient mitigation is not possible, the proposal will be refused.
3.6
Number of Principal Buildings and Uses on a Parcel
3.6.1
Not more than one principal building or use shall be permitted on any one site except for:
a) Public utilities;
b) Institutional uses;
c) Agricultural uses;
d) Accessory uses as specifically provided for in this bylaw;
e) Natural resource development; and
f)
Recreational uses.
3.7
Uses Permitted in All Zoning Districts
3.7.1
Nothing in this bylaw shall prevent the use of any land as a public street or public park.
3.7.2
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.
3.7.3
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 would not adversely affect the character or amenity of the area in which the same is located.
3.8
Accessory Uses, Structures and Buildings
3.8.1
Unless otherwise stated, accessory uses, structures, and buildings are subject to the following:
a) An accessory use, structure or building is permitted when accessory to an established, approved
principal use.
b) An accessory building or structure may not be constructed, erected, or moved onto any site prior
to the time of construction of the principal building to which it is accessory.
c) Where a building on a site is attached to a principal building by a solid roof or by structural
rafters, the building is deemed to be part of the principal building.
d) An accessory building shall not be used as a dwelling.
e) Accessory buildings and structures shall be subject to the site requirements.
3.9
Public Utilities and Municipal Facilities
3.9.1
Public utilities and municipal facilities, except solid and liquid waste disposal sites, shall be allowed in
all districts unless otherwise specified by this bylaw. Site area and yard requirements shall not apply.
3.9.2
Where a distribution line, crosses a municipal road, Council may apply special design standards as
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considered necessary to maintain the safety and integrity of the roadway.
3.10 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.
3.11 Grading and Levelling of Sites
3.11.1
Every development shall be graded and levelled at the owner's expense to provide for adequate surface
drainage that does not adversely affect adjacent property, or the stability of the land.
3.11.2
Adequate surface water drainage is required throughout the municipality to avoid flooding, erosion and
pollution. Consideration shall be given to the ecological, habitat and drainage effects of development,
including upstream and downstream implications.
3.11.3
Where an area exhibits the potential for poor drainage due to snowmelt or prolonged rainfall events, all
proposed building sites shall be located outside of those areas. Otherwise, the proponent shall provide
a suitable amount of fill at the building site to provide a satisfactory level of protection for the
buildings.
3.11.4
Unauthorized drainage of surface water runoff from any land in the municipality shall be prohibited.
Water courses shall not be filled or altered without the prior approval of the Water Security Agency,
Ministry of the Environment and the Municipality.
3.11.5
New developments, and subdivisions, that are adjacent to water courses shall be developed to minimize
erosion and to maximize water quality.
3.12 Non-conforming Uses, Sites and Buildings
3.12.1
The adoption or amendment of this bylaw does not affect legally non-conforming buildings, non-
conforming uses or non-conforming sites.
3.12.2
An existing non-conforming use or intensity of use may continue if the use existed when this bylaw
was adopted and has not been discontinued for a period of twelve consecutive months, or more.
3.12.3
Non-conforming buildings and non-conforming sites may continue to be used, maintained and repaired
in their present form.
3.12.4
Any parcel of land, which does not conform to the site requirements, as set out in this bylaw, shall be
deemed to be conforming with regard to site size, provided a registered title for the site existed prior to
this bylaw coming into force.
3.13 Prohibited and Noxious Uses
3.13.1
Any use, which, by its nature, or the materials used therein, is declared by The Public Health Act to be
a noxious trade, business, or manufacture, shall be prohibited.
3.13.2
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
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this subsection, for any purpose that creates or is likely to become a nuisance or offence:
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, salvage, wastes, motor vehicles, machinery or other
similar material.
3.14 Vehicle Storage
3.14.1
Notwithstanding anything in this bylaw, no person shall use any site in any zoning district for the
parking or storage of any vehicle that is not in running order, with the exception that not more than five
such vehicles may be stored on any site in the agricultural or commercial-industrial district, or in the
case of permitted vehicle storage establishment, auto wreckers or similar uses.
3.14.2
Where any outside storage of vehicles is proposed, the site shall be kept tidy and orderly. The
Municipality may require that the outside storage of vehicles be screened from roadways or
neighbouring properties by landscaping, fencing or other forms of screening.
3.15 Signs and Billboards
3.15.1
Signs located in a highway sign corridor shall be regulated by the requirements of The Provincial
Highway Sign Control Regulations, 2012, or amendments thereto, and shall not require a development
permit from the RM.
3.15.2
Signs other than those located in a highway sign corridor shall require a development permit and shall
comply with the following:
a) Any sign may only advertise agricultural commercial uses, home-based businesses, the principal
use of a site, or the principal products offered for sale on the premises.
b) A maximum of two (2) advertising signs are permitted on any site or quarter section.
c) Government signs, memorial signs, and directional signs with no advertising, including traffic
control, no trespassing, hunting restriction and similar signs, are exempt from restriction.
d) Temporary signs and real estate signs are permitted only as long as the temporary condition exists
for the property.
e) Billboard and other off-site advertising signs are prohibited, except in a highway sign corridor
f)
All private signs shall be located so that no part of the sign is over a public right-of-way or
jeopardizes the safety of the public.
3.16 Access and Approaches
3.16.1
A development permit shall not be issued unless the site has frontage on a graded, all-weather,
registered road, or unless a satisfactory agreement has been made with Council for the improvement or
construction of a road.
3.16.2
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.
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3.16.3
The Development Officer shall decide upon all approach applications and may approve or refuse an
application for an approach based on: location, traffic flow, drainage, sight lines, road standards and
safety considerations.
3.16.4
To provide for the safety of the travelling public, the number of approaches from the highway or
municipal road should be limited. Parcels within a subdivision may be required to have access from an
internal subdivision or service road.
3.17 Sight Triangle
3.17.1
No building, structure, earth pile, vegetation, etc. shall obstruct the view of drivers within a sight line
triangle.
3.17.2
The sight triangle area shall be measured by connecting straight lines, which are measured from the
intersection of centrelines of the roadways to points established along these centrelines, as follows:
a) Provincial highways - 230 metres (754.6 feet)
b) Municipal grid roads or railways - 90 metres (295.3 feet)
3.18 Setbacks
3.18.1
No person shall hereafter plant trees or shrubs or place stone, earth or gravel piles, sumps, portable
structures, machinery or other objects/structures or buildings on private property within:
a) 46 metres (150.9 feet) from the centre line of a municipal road.
b) Council may, by resolution, allow a relaxation of the setback in 3.18.1(a), to a minimum of 30
metres (100 feet) from the centreline of the municipal road, where:
i.
The relaxation is for an accessory use (a relaxation of the setback will not be allowed for
principal buildings, uses, or structures);
ii.
The relaxation would not create any visual obstruction from the roadway; and
iii.
The relaxation would not jeopardize the safety or general welfare of the landowner or of
the travelling public.
c) No residence shall be located with less than the minimum separation distance to an operation,
other than the residence of the operation, as follows:
i.
The separation to an ILO shall be as per the agricultural district regulations.
ii.
457 metres (1499.34 feet) from a licensed public or private liquid waste disposal facility.
iii.
457 metres (1499.34 feet) from a licensed public or private solid waste disposal facility.
iv.
305 metres (1000.66 feet) from a honey processing facility.
v.
305 metres (1000.66 feet) to a non-refrigerated anhydrous ammonia facility licensed by
Province of Saskatchewan.
vi.
600 metres (1968.50 feet) to a refrigerated anhydrous ammonia facility licensed by the
Province of Saskatchewan.
vii.
No dwelling or other building shall be located within the approach surface for any
functional airport or airstrip.
3.18.2
Where a proposed development or subdivision is in adjacent to a provincial highway, the application
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shall be referred to the Ministry of Highways and Infrastructure for review and comment. Ministerial
requirements may be applied as a condition of development permit approval.
3.19 Concept Plan
3.19.1
Council may require the completion of a concept plan for an application for a large-scale development,
multi-parcel subdivision, or amendment to the official community plan or zoning bylaw.
3.19.2
The purpose of this plan is to identify and address potential social, environmental, health and economic
issues, and to ensure responsible development. The scope and required detail of the concept plan will
be based on the scale and location of the proposed development, and address such items as:
a) The proposed land use(s);
b) The potential impacts on adjacent land uses;
c) Integration of the natural landscape with respect to the design of the proposal;
d) The location of, and access to, major transportation routes and utility corridors;
e) The provision of services, including emergency response, in relation to the planning for future
infrastructure in the municipality;
f)
Sustainable development and environmental management practices with respect to surface and
groundwater resources, storm water management, flooding, slope stability and protection of
significant natural areas; and
g) Appropriate information specific to the particular land use (residential, commercial or industrial).
3.19.3
Where a concept plan is required, Council shall not finalize a decision on the application until all the
required information has been received. The responsibility for undertaking all technical investigations
and hosting public meetings, should they be required, shall be borne by the applicant.
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4 Standards and Criteria for Specific Uses
This section addresses criteria and development standards that apply to specific uses. These criteria, provisions
and development standards apply in addition to any standards of the relevant zoning district and the criteria
listed in Section 11.
4.1
General Criteria Applicable to all Discretionary Uses
The following criteria must be considered in the review of all discretionary use applications:
4.1.1
The proposal must be in conformance with all relevant sections of the OCP and zoning bylaw;
4.1.2
There must be a reasonable demand for the proposed use in the general area, and a supply of land
available and capable of supporting the proposed use;
4.1.3
It must be cost-effective to provide services (roads, water, sewer, community facilities, etc.) to the
development;
4.1.4
The proposal shall not be detrimental to the health, safety, convenience or general welfare of persons
residing or working in the vicinity nor shall it be injurious to property, improvements, or potential
future development in the vicinity;
4.1.5
There shall be a high regard for environmental protection and public safety;
4.1.6
Vehicle access points shall be provided in suitable locations so as to minimize traffic congestion and
possible hazards;
4.1.7
The density, size, height and location of principal or accessory structures shall not detract from the
character and amenity of the neighbourhood; and
4.1.8
Council may attach special conditions to the development permit to regulate sound, light, glare, heat,
dust, electrical interference, and emissions, if in Council's opinion, it would detract from the amenity of
the neighbourhood.
4.2
RTM (Ready-to-Move) and Modular Homes
4.2.1
A modular or RTM home is considered a residence for the purpose of this bylaw. Unless otherwise
stated, where this bylaw allows a single detached dwelling unit, the dwelling may be in the form of a
modular or RTM home.
4.2.2
A mobile home or recreational vehicle shall only be allowed as a residential unit where specifically
stated in this bylaw.
4.2.3
Prior to occupancy, all modular and RTM homes, shall be attached to a permanent engineered
foundation, with or without a basement; mobile homes shall be securely anchored to the ground and
skirted.
4.2.4
Every RTM, mobile and modular home shall bear the applicable CSA certification.
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4.3
Work Camps
4.3.1
Work camps accessory to and located on the same site as an industrial resource development shall be
considered part of the industrial resource development and should be included in the development
permit application for that use.
4.3.2
Work camps accessory to but not located on the same site as an industrial resource development
requires a separate development permit application.
4.3.3
Access to the site must be from a developed all-weather road.
4.3.4
Work camps shall consist of a residential use, which may also include separate eating, laundry and
recreational space.
4.3.5
All work camps shall be located within proximity to a provincial highway or major roadway.
4.3.6
Work camps shall provide for onsite parking of vehicles. There shall be no parking of vehicles on
municipal roads or approaches to public or private lands.
4.3.7
All work camp sites shall be reclaimed after the use is no longer needed. All structures shall be
removed and all waste cleared.
4.3.8
A development permit for a temporary work camp may be issued for up two (2) years. The permit may
be renewed at Council's discretion. Consideration for renewal will depend on compliance with the
existing permit conditions and compatibility with existing and planned adjacent uses.
4.3.9
Conditions of approval may include:
a) Requirement for municipal road upgrading (if required) or entering into a road maintenance
agreement with respect to impacts on the roadway used to provide access to the camp, such as
dust control and other matters;
b) Requirement to limit noise to daytime hours (generally 7am to 11 pm), with the exception of
generator noise, which must be mitigated by shielding or other method when it may be
detrimental to an adjacent property;
c) Requirement to maintain any existing natural buffers (trees, etc.);
d) Requirement to mitigate traffic impact by using vans or buses for transporting workers to and
from job sites or urban areas; and
e) Council may require proof that the regional health authority and/or the Water Security Agency has
approved the water supply and wastewater disposal prior to issuing development permit or it may
be attached as a condition of approval.
4.4
Salvage Yards
4.4.1
All permitted salvage yards shall be screened from roadways or neighbouring properties with
landscaping, fencing or a combination of both; appropriate screening will be determined by the
Development Officer.
4.4.2
Salvage yards shall not be located on environmentally sensitive or hazardous land or within 150 metres
(492.13 feet) of a stream, river or water body.
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4.5
Solid and Liquid Waste Disposal Facilities
4.5.1
Development of a new solid or liquid waste disposal facility, or expansion of an existing facility, will
be subject to the following, as specified by Council:
a) Private landfills and lagoons will be considered, provided they meet provincial requirements and
are located so they will not interfere with existing or future residential, recreational, or tourism
development.
b) A municipal or regional landfill or lagoon project must undergo a provincial environmental impact
assessment and a public hearing process to determine if the proposal is considered suitable for the
area.
c) When considering an application for a disposal site, Council shall consider the provincial setback
requirements.
d) A lagoon or sanitary landfill disposal area shall be surrounded by a vegetated (trees or shrubs)
buffer strip or berm.
e) Any solid or liquid waste disposal facility shall be fenced to provincial standards.
f)
Development standards or mitigation measures will be specified as conditions of the permit
approval.
4.5.2
Contaminated or hazardous waste must be disposed of in compliance with all provincial and municipal
requirements.
4.6
Home-based Businesses
4.6.1
A home-based business shall be ancillary to the principal farm or residential use on the site.
4.6.2
Home-based businesses shall not cause any variation in the residential or residential farm character and
appearance of the dwelling, accessory building, or land, except for permitted signs.
4.6.3
All permits issued for home-based businesses shall be subject to the condition that the permit may be
revoked at any time if, in the opinion of the Council, the conditions under which the permit was
originally issued are no longer met. Where a permit is revoked, the use shall cease immediately.
4.6.4
Any increase in intensity of the operation as approved shall require a new permit approval.
4.6.5
In any country residential or hamlet district, no mechanical, electrical, or construction equipment shall
be used, except such as is normally used for domestic, office, or personal care purposes.
4.6.6
The operator of the business shall be a resident of the dwelling unit.
4.6.7
The total floor area for all home-based businesses shall not exceed 20% of the gross floor area of the
dwelling unit and accessory structure.
4.7
Bed-and-Breakfast Homes and Vacation Farm Operations
4.7.1
A bed-and-breakfast or vacation farm shall be secondary to the principal residence or farm operation on
the site.
4.7.2
Bed-and-breakfast homes shall be located in a single detached dwelling used as the operator's principal
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residence.
4.7.3
Council may specify the maximum number of cabins permitted as part of a vacation farm operation.
4.7.4
On-site signs shall be permitted in accordance with subsection 3.14.
4.7.5
Bed and breakfasts and vacation farms shall be meet the requirements of The Public Accommodation
Regulations.
4.7.6
Council will consider applications with respect to the following criteria:
a) The suitability and comfort of the structures for the proposed development;
b) There is a water source of suitable quality and quantity to support the use;
c) There are suitable utilities and a sewage disposal system for the facility;
d) There is appropriate access to the site and adequate off-street or road parking for the users of the
facility; and
e) The development will not conflict with adjacent other on-site uses.
4.8
Campgrounds
4.8.1
The operator of a campground shall provide the Development Officer with a plan of the campground.
The plan shall identify all buildings, land uses, the location of all roadways and trailer coach or tent
campsites, and shall include dimensions.
4.8.2
The addition or rearrangement of campsites, the construction or moving of buildings, the material
change in use of portions of land, or the filling or clearing of land shall require a new development
permit, and the operator shall submit for approval an amended plan showing the changes.
4.8.3
Each campsite shall have direct and convenient access to a developed internal roadway.
4.8.4
Each campsite shall be large enough to allow for at least 4.5 metres (14.7 feet) between recreational
vehicles.
4.8.5
The space provided for roadways within a campground shall be at least 7.5 metres (24.6 feet) in width.
No portion of any campsite, other use, or structure shall be located in any roadway.
4.8.6
A campground may include ancillary uses, such as a laundromat, a confectionery, and shower and
washroom facilities designed to meet the needs of the occupants of the campsites, and one (1) single
detached dwelling for the accommodation of the campground operator.
4.8.7
The Public Health Act, and associated regulations, must be satisfied with respect to the development
and operation of the campground.
4.8.8
Council will consider the following criteria when reviewing an application for a campground:
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a) The site is located with convenient access to the recreational features or facilities that it is
intended to serve;
b) The size and shape of the parcel and the design of the campground will ensure that each site is
accessible from and internal roadway;
c) There is a water source of suitable quality and quantity for public consumption at the
campground;
d) There are suitable utilities, sewage disposal systems and facilities for the campground;
e) The development will not conflict with adjacent or other on-site uses;
f)
An emergency services plan shall be discussed and agreed to by the service providers and
operator.
4.9
Fences
4.9.1
Fences (including snow fences) shall not obstruct the view or sight lines from public roads or
approaches.
4.9.2
All barbed wire fences shall be erected on or within the property line of private land.
4.10 Sea and Rail Containers
4.10.1
A development permit is required for sea and rail containers; the containers must meet setbacks of the
zoning district.
4.10.2
In the hamlet district, sea and rail containers may only be located in the rear yard of a site.
4.10.3
Containers shall not be used for human or animal habitation.
4.10.4
Storage of dangerous or hazardous materials is not permitted.
4.11 Storage of Chemicals, Fertilizers and Combustible Materials
The storage of chemicals, fertilizers and combustible materials are subject to the requirements of the federal and
provincial governments. All necessary approvals from other regulatory agencies must be obtained prior to
issuance of a development permit.
4.12 Railways
4.12.1
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 (150.91 feet) of the point of
intersection of the centre line of both the railway and the street.
4.12.2
Future residential developments shall take into consideration the Guidelines for New Development in
Proximity to Railway Operations document.
4.12.3
Consultation with the railway company may be required prior to issuing a permit for a proposed
development or prior to proceeding with a subdivision. Consultation should address:
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a) The location of the site in relation to the rail corridor;
b) The nature of the proposed development;
c) The frequency, types, and speeds of trains travelling within the corridor;
d) The potential for expansion of train traffic within the corridor;
e) Any concerns the railway company may have with the new development or with specific uses
proposed for the new development;
f)
The ability to accommodate the required mitigation measures;
g) Suggestions for alternate mitigation measures that may be appropriate for the site;
h) Proposed drainage and storm water management; and
i)
The specifications required for the project.
4.13 Communication Towers
The erection of cellular telephone transmission towers shall not be permitted in, or closer than 50 metres (4 feet)
to any residential or hamlet district.
4.14 Wind Farm Energy Systems (Commercial)
4.14.1
A site plan that shows the location of the wind energy system(s), including roads, underground cabling,
fencing, drainage and access, shall be submitted as part of the development permit application.
4.14.2
As a condition of the development permit, Council may require, the developer to enter into an
agreement with the municipality to ensure all roads and approaches are constructed to municipal
standards.
4.14.3
Prior to Council's decision; the developer shall consult with adjacent properties and those within a 5.0
km (3.11 miles) radius of the proposal. Consultation shall be in the form prescribed by Council and
shall be at the cost of the developer.
4.14.4
Setback distances from a commercial wind energy tower to a residence shall be:
a) From any property line: 1.5 tower/system height
b) From on-site dwelling 1.5 tower/system height
c) When in proximity to environmentally sensitive areas, wetlands, or other protected areas, setback
distances will be based on consultations and/or studies, by qualified professionals or provincial
departments. The cost of any studies shall be borne by the developer.
4.14.5
Site Suitability:
a) Wind energy systems shall not be located on land that is potentially environmentally sensitive.
b) Council may require the developer to submit a study from a qualified professional to ensure the
development results in minimal environmental impacts and to identify mitigation measures
needed to eliminate or reduce impacts to the environment.
4.14.6
Other Specifications:
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a) Development permit applications for wind energy systems shall be accompanied by a
manufacturer's engineering certificate of structural safety or certification of structural safety from
a professional engineer licensed to practice in Saskatchewan.
b) The proposed height of the wind energy system shall be included in the development permit
application. Maximum total wind tower height or total system height shall be at the discretion of
Council and will be based on the surrounding land uses.
c) There shall be no sound, light, glare, heat, dust or other emissions that will, in Council's opinion,
detract from the amenity of the area. Council may require the developer to apply mitigation
measures to ensure the development produces minimal disturbance to the surrounding lands.
d) Where deemed necessary by Council, the developer shall be required to provide screening,
fencing or landscaping in order to maintain the safety, protection and the character of the
surrounding area.
e) No advertising shall appear on the tower or blades.
f)
Any changes to the development permit as approved shall require a new permit.
4.15 Private Wind Energy Systems
4.15.1
Only one wind energy system shall be permitted, as an accessory use, subject to the minimum site size
requirements in the applicable zoning district.
4.15.2
Unless otherwise stated in the zoning district, the maximum total wind tower height or total system
height shall be:
a) 6.0 metres (19.68 feet) above grade level in the country residential district;
b) 45.0 metres (147.64 feet) above grade level, in all other permitted zones;
4.15.3
Wind tower setbacks (measured from the base of the tower):
a) From any property line: 1.5 times tower/system height
b) From on-site dwelling: 1.5 times tower/system height
c) From neighbouring dwellings:
-
< 10 Kw: 100.0 metres (328.08 feet)
-
> 10 Kw: 300.0 metres (984.25 feet)
4.15.4
For residential applications, wind energy towers and components shall be erected in rear yards only.
4.15.5
The bottom point of an operating rotor shall be above grade to the manufacturer's specification, at
minimum, but in no case nearer than 5.0 metres (16.4 feet) above grade.
4.15.6
All wind energy systems and towers shall be enclosed within a locked protective chain link fence. The
fence shall be a minimum of 1.85 metres (6.01 feet) in height; the location and design of the fence shall
be included in the development permit application.
4.15.7
Development and building permit applications for a private wind energy system shall include either a
manufacturer's engineering certificate of structural safety or certification of structural safety from a
professional engineer licensed to practice in Saskatchewan.
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4.15.8
Installation plans (concrete specifications, anchoring specifications) shall be certified by a professional
engineer licensed to practice in Saskatchewan.
4.15.9
Proof of an approved electrical permit shall be provided to the municipality.
4.15.10 The small wind energy system shall be finished in a non-reflective matte colour to the satisfaction of
Council.
4.16 Solar Farms (Commercial)
4.16.1
Height: Systems, equipment and structures shall not exceed 7.6 metres (25 feet) in height when
mounted to the ground.
4.16.2
Setbacks: Active solar system structures must meet the setbacks of the zoning district.
4.16.3
Distribution lines: To the extent practical, all new distribution lines to any building, structure or utility
connection shall be located above ground.
4.16.4
Approved solar components: Electric solar system components must have a UL listing or equivalent
safety certification.
4.16.5
Compliance with building code: All active solar systems shall meet all requirements of the National
Building Code and the municipal building bylaw, and shall be inspected by the Municipality's building
inspector or Municipal Engineer.
4.16.6
Compliance with applicable electrical code: All photovoltaic systems shall comply with the applicable
electrical code.
4.16.7
Utility notification: A grid-tied photovoltaic system shall not be installed until evidence has been
provided to the Municipality that the owner has obtained approval from SaskPower to install the
system. Off-grid systems shall be exempt from this requirement.
4.16.8
Abandonment
a) It is the responsibility of the parcel owner to remove all obsolete or unused systems within twelve
(12) months of cessation of operations.
b) Site reclamation will be required and will be the responsibility of the developer.
4.16.9
A security fence shall surround the perimeter of the solar farm.
4.16.10 Nuisance control (i.e. weeds, rodents, etc.) will be required as a condition of the development permit.
4.16.11 Reasonable accessibility for emergency service vehicles shall be required.
4.16.12 No signage is allowed on the solar farm fencing except for a sign not to exceed thirty-two (32) square
feet displaying the facility name, address and emergency contact information.
4.17 Satellite Dishes and Individual Solar Collectors
4.17.1
The installation and operation of a free-standing satellite dish, antennae, or private solar collector, and
their supporting structures, shall be permitted in all zoning districts, subject to the following:
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a) In any district, such structures shall not be located in any front or side yard. In the case of a
corner site, such structures shall not be located in any portion of the rear yard within 3 metres of
the side property line adjacent to a flanking street, unless the Development Officer is satisfied that
it is adequately screened from the flanking street.
b) In any district, such structures, if freestanding, shall not exceed a height of 10 metres above grade;
c) In any district, such structures, if attached to a principal building, shall not exceed a height of 10
metres above the lowest elevation of: roof surface of a flat roof; the decking of a mansard roof;
and the eaves of a gable, hip or gambrel roof; and,
d) In any district, such structures, if attached to or erected upon an accessory building, shall not
exceed the maximum building height allowed in the zoning district.
4.18 Cannabis Production Facilities
4.18.1
Cannabis production facilities shall meet all applicable federal, provincial and municipal regulations.
Proof of compliance and applicable federal licences will be required as part of the development permit
application.
4.18.2
Any structural or electrical alterations to the building(s) must comply with the National Building Code
of Canada.
4.18.3
The building and site shall display a high visual quality and shall be integrated into the surrounding
environment by virtue of appropriate design, location and landscaping.
4.18.4
Council shall determine the compatibility of all neighbouring land uses with the proposed cannabis
production facility before issuing a decision.
4.18.5
The development must be carried out in a manner where all processes and functions are fully enclosed
within a building. This shall include all loading stalls, docks, garbage containers and waste material.
There shall be no outdoor storage or display of goods, materials or supplies.
4.18.6
In order for the safety and security of the public, all buildings and related structures shall be securely
fenced. Council may require additional security measures as a condition of the development permit,
including but not limited to a locking gate, limited site access, etc.
4.18.7
Where a licensed cannabis production facility ceases operation, the facility and buildings shall be
decommissioned and remediated in accordance with applicable provincial and federal regulations. A
decommissioning plan may be required at the time the development permit application is made.
4.18.8
Nothing shall be done which is, or could become, a nuisance to the surrounding areas by reason of
unsightliness, the emission of odours, liquid effluence, dust, fumes, smoke, vibration, noise or glare nor
shall anything be done which creates or causes a health, fire or explosion hazard, electrical interference
or undue traffic congestion. The proponent shall submit to Council a plan to mitigate potential
nuisances.
4.18.9
One residence may be allowed on the same site as the cannabis facility production for the
owner/operator.
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4.19 Aggregate Resource (Sand and Gravel) Development
4.19.1
Approval for an aggregate extraction development permit will be issued for a maximum of five (5)
years and may be renewed at the discretion of Council through the development permit process.
Existing gravel pits that have been inactive for a period of more than twelve (12) consecutive months
will require a new development permit.
4.19.2
Land use incompatibility, public safety, dust, noise, nuisance and pollution shall be minimized by
considering appropriate routes, fencing, signage, buffers and screening.
4.19.3
Upon the request of Council, the developer may be required to undertake an extraction study prior to
development permit approval to determine specific development requirements and standards.
4.19.4
Where an aggregate operation is proposed within the vicinity of a water source, the development
permit application should be accompanied by a hydrological or environmental study, which outlines
necessary mitigation measures.
4.19.5
Where applicable, Council will specify development conditions in conjunction with recommendations
from provincial agencies or a report from a qualified person regarding site development, services,
modifications to application and location of operation and any other mitigation measures deemed
necessary.
4.19.6
Council may specify conditions regarding cost recovery and cost-sharing of municipal road
construction and maintenance due to increased hauling of resources. The applicant, operator or person
that hauls the sand and gravel may be required by the RM to enter into a road maintenance agreement.
4.19.7
All gravel operations shall have direct access to a developed road of a suitable standard.
4.19.8
All development including any new excavation on existing gravel pits (prior to the adoption of this
bylaw) shall be reclaimed to a land capability that is equivalent to its pre-developed state or to a
condition which is satisfactory to the RM. These procedures shall be in accordance with all applicable
provincial requirements. The restoration of the site shall commence immediately upon termination of
the operation.
4.19.9
In addition to the public notification requirement for discretionary uses contained in this bylaw,
Council shall require that details of the application be circulated to property owners adjacent to the
proposed haul roads to obtain public input on the proposed site prior to development consideration.
4.19.10 The applicant shall keep the site in a clean and tidy condition that is free from garbage and non-
aggregate debris.
4.19.11 Approaches to the development shall be located away from existing residences.
4.19.12 The applicant shall be responsible for providing a bond or other method of security/ financial
guarantee, in a form acceptable to the RM, equal to the cost of reclamation of the pit, to be held by the
Municipality for the lifespan of the operation to ensure the land is reclaimed to a satisfactory condition.
The bond or other acceptable security must be in place before development proceeds. Once the site has
been satisfactorily restored, the bond or security will be discharged or returned to the applicant or their
predecessor.
4.19.13 Applicants will be required to provide:
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a) A plan showing the location of the proposed area of operation, site boundaries, storage of
extracted materials, the depth of excavation and the quantity of topsoil to be removed;
b) A description of the excavation, disposal, and stripping or grading operation;
c) A detailed timing and phasing of the project including the length of the proposed operation and
hours of operation;
d) A plan showing the final site conditions and post-development land use plan following the
completion of the operation (reclamation plan) including the phasing of remediation (progressive
restoration is expected while extraction is ongoing in other sections of the pit);
e) A description of the measures to be taken for the prevention or mitigation of dust, noise, public
safety, erosion and other effects to surrounding land uses and the public, during and after the
operation;
f)
Information that identifies the projected volume of truck traffic on roads, the proposed road
impacts (e.g. road deterioration), and the proposed measures to minimize negative (e.g. noise,
dust, excessive speed) impacts on other road users and the public;
g) Method for storm water management, drainage control, and erosion and sediment control; and
h) Any other information that Council deems necessary.
4.19.14 Separation requirements for the mining, excavation or stockpiling of aggregate resources are shown in
Table 4-1.
Table 4-1
A dwelling not occupied by
the owner or operator of the
aggregate development
805 metres
The limit of any road
allowance or provincial
highway
46 metres
Recreational development
805 metres
Heritage sensitive land
805 metres
Hazard land
30 metres
Minimum Separation Distances for Aggregate Resource
4.20 Potash Exploration and Development
4.20.1
Potash mining operations may include: mines, mine offices, maintenance and processing buildings,
head frames, wells, pipelines and storage facilities.
4.20.2
Related processing and service development (tailing ponds, tailing piles, etc.) will be considered
accessory to a mining operation.
4.20.3
A proposal for mineral resource development will not be approved unless there is suitable access to a
developed municipal road or a provincial highway.
4.20.4
The operation shall not negatively change the character of the immediate area or the use and enjoyment
of adjacent lands.
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4.20.5
New development that may conflict with the existing or future expansion of mineral resource
operations will be discouraged within 2.0 km (1.2 miles) of known resources.
4.20.6
Appropriate transportation routes, buffers and screening shall be used to minimize land use
incompatibility, nuisance, pollution, odour and dust.
4.20.7
Signage, fencing, lighting restrictions or other safety measures may be required at the developer's
expense.
4.20.8
The developer may be required to submit a professional report to demonstrate that the development
will not negatively impact water resources, either in quantity or quality.
4.20.9
A proposal for a mineral resource development will not be approved unless there are adequate plans for
decommission, site reclamation and post-development land use. The site reclamation plan must show
the final site conditions following the completion of the operation and the phasing of remediation.
4.21 Oil and Gas Development
4.21.1
Petroleum extraction development shall include wells, pipelines, compressor stations and storage
facilities. Primary processing (land farms for contaminated soil, oil storage, batteries, etc.) may be
accommodated as uses accessory to the operation.
4.21.2
Exploration and development of oil and gas shall be subject to all federal and provincial requirements,
and such activities must comply with the objectives and policies outlined in the official community
plan.
4.21.3
Upon approval by the Municipality, the owner of the pipeline shall provide the Municipality at least 48
hours' notice of the operator's intention to commence work. A written request must be made to the
RM before construction begins and the operator shall obtain municipal standards for constructing
approaches and for constructing pipelines (flow lines), which cross road allowances.
4.21.4
Council may apply special development standards as outlined in The Municipalities Act, 2005 to
protect municipal roads when transportation, utility and pipeline facilities cross municipal roads, or
when seismic activity is proposed on roads or road allowances.
4.21.5
To minimize conflict between mineral resource extraction, or oil and gas operations and surrounding
land uses, the separation distances provided in Table 4-2 shall be applied. 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 in proximity to pipelines.
4.22 Separation Distances for Mineral, Potash, and Oil and Gas
4.22.1
To minimize conflict between mineral extraction, ethanol, potash or oil and gas operations and
surrounding land uses, the following separation distances shall be applied.
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Table 4-2
Land Use
Oil and Gas Development
Potash, Fertilizer or Ethanol
Development
Single dwelling or tourist
accommodation
500 m from sour gas wells
125 m from other (non-sour) gas and oil
wells
500 m
Multi-parcel country residential
subdivision, town village or
hamlet
1 km from sour gas wells
125 me from other gas and oil wells
1 km
Commercial use
At Council's discretion
At Council's discretion
Recreational use
At Council's discretion
At Council's discretion
Fertilizer, potash or ethanol
development
n/a
800 m
Oil and gas development
800 m
n/a
Minimum Separation Distances for Natural Resource Development
4.23 Rodeo Facilities and Equestrian Centers
4.23.1
Shall be located on sites of at least 16 hectares (40 acres).
4.23.2
Shall provide a water source suitable for public consumption at the rodeo facility or equestrian center
and may be subject to provincial permits.
4.23.3
Shall have sewage disposal and other necessary utilities for domestic and public use in accordance with
public health regulations.
4.23.4
Council may require the proponent to obtain recommendations from appropriate agencies regarding
water supply, quality and quantity, manure management, and any other issues Council deems relevant
for the purpose of ensuring environmental protection.
4.23.5
The Agricultural Operations Act and other provincial legislation may apply to the development of a
rodeo facility or equestrian center. When considering the operational or environmental aspects of a
proposed project that does not trigger a provincial review, Council may refer a development permit
application to the appropriate agencies for advice and recommendations.
4.23.6
The developer shall provide, as part of their application, a manure management plan.
4.23.7
In order to minimize the potential for a rodeo or equestrian facility to impact nearby residents, Council
may require separation distances or landscaped buffers as a condition of approval.
4.23.8
As a condition of approval, Council may specify the maximum number of animal units for which the
approval is made.
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5 Zoning Districts
5.1
Districts
5.1.1
For the purpose of applying this bylaw, the municipality is divided into zoning districts that may be
referred to by the following symbols:
a) Agricultural-Resource District (A-R)
b) Country Residential District (CR)
c) Hamlet District (H)
d) Commercial-Industrial District (C-I)
5.2
Zoning District Map
The map, bearing the statement "Zoning Districts Map" signed by the Reeve and Administrator and under the
seal of the RM, shall be known as the zoning map. Such map is hereby declared to be an integral part of this
bylaw.
5.3
Boundaries
The boundaries of all zoning districts are shown on the attached zoning map. Boundaries of the districts shall
follow site lines, centre lines of streets, lanes, roads or such lines extended, and the municipal boundaries.
5.4
Regulations
Regulations for the zoning districts are outlined in the following sections:
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6 Agricultural-Resource District (A-R)
The purpose of the agricultural district is to preserve and provide for large parcels of land, which are able to
accommodate a diverse range of agricultural operations, natural resource development and related activities.
6.1
Permitted Uses
6.1.1
Field crops, pastures for the raising of domestic or exotic birds or livestock, beehives and honey
extraction facilities, fish farming and other similar uses customarily carried out in the field of general
agriculture but excluding intensive livestock operations (ILOs), poultry operations, feed lots, and
hatcheries.
6.1.2
Intensive agricultural operations (tree gardens, nurseries, market gardens, greenhouses, orchards,
vegetable, horticultural or fruit gardens, etc.)
6.1.3
One single detached dwelling, including a modular or RTM unit
6.1.4
Mineral resource exploration and extraction (including accessory buildings and uses):
a) Petroleum and pipeline exploration, extraction and related facilities
b) Potash exploration, extraction, and related facilities
6.1.5
Places of worship and cemeteries
6.1.6
Communications towers
6.1.7
Public parks and public recreational facilities
6.1.8
Historical sites, archaeological sites, wildlife and conservation management areas
6.1.9
Rodeo and equestrian centres
6.1.10
Agricultural product processing, contracting and service establishments
6.1.11
Agricultural equipment, fuel and chemical supply establishment
6.1.12
Commercial recreational uses (sports arenas, golf courses, campgrounds, or similar uses)
6.1.13
Home-based businesses
6.1.14
Vacation farms
6.1.15
Bed-and-breakfasts
6.1.16
Institutional uses
6.1.17
Accessory uses:
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a) Unless otherwise stated, uses, structures and buildings typically associated with an approved
principal use.
b) Sea and rail containers for storage
c) Private solar energy systems
6.2
Discretionary Uses
6.2.1
New or expanded intensive livestock operations (ILO)
6.2.2
Commercial agricultural operations
6.2.3
Petroleum and mineral resource processing and related facilities (including buildings and uses)
6.2.4
Two additional residences on agricultural operations on a parcel of at least 64.7 hectares (160 acres).
6.2.5
Solid and liquid waste disposal facilities
6.2.6
Salvage yards
6.2.7
Machine shops and metal fabricators
6.2.8
Wholesale distributors
6.2.9
Work camps (located on the same or separate site as a resource-based development)
6.2.10
Aggregate (sand and gravel) extraction and crushing operations including accessory uses and buildings
6.2.11
Cannabis production facility (medical or non-medical)
6.2.12
Commercial wind energy farms
6.2.13
Commercial solar energy farms
6.2.14
Abattoirs and skinning processing facilities
6.2.15
Accessory uses:
a) Private wind energy systems
b) Dwellings ancillary to an institutional, recreational or commercial use
6.3
Subdivision and Site Regulations
6.3.1
Four subdivisions will be allowed per quarter section (five separate titles per quarter section in total)
before requiring rezoning to the appropriate district.
6.3.2
Additional site(s) may be considered where the site to be added is physically separated from the
remainder of the parcel by a registered road plan, railway or natural feature provided:
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a) the parcel would have direct access to a registered, developed road;
b) on-site water supply and sewage disposal facilities can be accommodated; and
c) the parcel includes a building area of suitable size and elevation to accommodate a residence and
accessory buildings.
d) In such cases, site area requirements shall not apply.
6.3.3
Site Regulations:
Table 6-1
Minimum site area
Non-intensive agriculture: 32 hectares
Intensive agriculture and livestock: 1 hectre
Non-farm residential: 2 hectares
Cannabis production facility: 4 hectares
Commercial wind farms: 2 hectares
Equestrian and rodeo facilities: 16 hectares
All other uses: 1 hectare
Maximum site area
Non-farm residential: 8 hectares
All other uses no maximum
Minimum site frontage
20 metres
Minimum front yard
46 metres from the centreline of an RM or
provincial road
15 metres from the centreline of an internal
subdivision or service road
Storage is not permitted in the front yard
Minimum side and rear yard
46 metres from the centreline of an RM or
provincial road
15 metres from the centreline of an internal
subdivision or service road
Subdivision and Site Regulations
6.3.4
At the request of the landowner of a site to be sibdivided, Council may increase the maximum site size
requirement by no more than 100% where the change:
a) is required to include additional land required for water supply, waste disposal, or other utility
systems which exist on or are proposed for the site; or
b) is requested to include or facilitate existing landscaping, buildings, structures, or natural features
on the site.
6.4
Supplementary Development Standards for the Agricultural-Resource District
6.4.1
Any proposed commercial development or commercial agricultural development must be located
within near or adjacent to a road deemed appropriate by Council. If required, the operator will enter
into a road use agreement with the RM.
6.4.2
Any unsightly outdoor storage of materials related to the development including any salvage yards
shall be adequately screened from the public's view.
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6.4.3
Temporary Uses:
a) A trailer coach used for farm employees during the farming season shall be accommodated as a
temporary or seasonal use on a permitted agricultural site.
b) 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 development permit, remain occupied during
construction, only until the new building in habitable. Once construction of the new dwelling is
complete, the existing dwelling shall be demolished or removed from the site within thirty (30)
days.
c) Grain storage bags
i.
Shall not be used or stored in any required yard setback;
ii.
Shall not become a nuisance or impede visibility at the approach of an intersection or
obstruct snow removal or other road maintenance activities.
6.4.4
Livestock on Non-Farm Residential Sites
a) The keeping of livestock on non-farm residential sites in the agricultural district shall be permitted
in accordance with Table 6-2.
b) Animals shall not be pastured within 15 metres (50 feet) of any dwelling not owned by the
operator of the pasture or owner of the animals, and no buildings or structures intended to contain
birds or animals shall be located within 30 metres (100 feet) of a property line.
Table 6-2
Parcel Size (ha)
Maximum Number
of Animal Units
0 - 0.39
0
0.4 - 0.79
1
0.8 and greater
2
6.4.5
Intensive Livestock Operations (ILOs)
a) Applications for ILOs are to be submitted to the Saskatchewan Ministry of Agriculture. A copy of
the application should also be sent to the RM for review.
b) Separation Criteria:
i.
All ILOs are subject to the separation criteria listed in Table 6-3.
ii.
Distances are measured between livestock buildings or facilities and building development
of the residential site or boundary of the urban centre.
iii.
Separation requirements do not apply to residences associated with the operation.
c) Separation Reduction:
i.
Council, at its discretion, may consider lesser separation distances than prescribed in Table
6-3, subject to the following:
-
Where a lesser separation distance will not negatively impact the adjacent use or
surrounding development, Council may grant a reduction of the location separation
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criteria. Prior to granting a reduction, Council will consult with appropriate agencies
and the affected neighbouring landowners.
-
The developer shall provide written notice, which has been approved by Council, to
the owners of all residences within the distance provided in Table 6-3, to the hamlet
board of a hamlet, or Council of an urban municipality within the specified distance.
-
Where Council approves a lesser separation distance than given in Table 6-3, a
written agreement between the ILO operator, the landowner(s) and the Municipality
agreeing to the lesser separation distance shall be registered against all the applicable
parcel titles. The cost of the interest registration shall be borne by the developer.
Table 6-3
100-299
300-499
500-2000
2000-5000
>5000
Residence, tourist
accommodation, or
campground
300
(450)
400
(600)
800
(1200)
1200
(1600)
1600
(2000)
Hamlet, urban
municipality <100
population
400
(600)
800
(1200)
1200
(1600)
1600
(2400)
2000
(2400)
Urban municipality
100-500 population
800
(1200)
1200
(1600)
1600
(2400)
2400
(2400)
2400
(2400)
Urban municipality
501-5000
1200
(1600)
1600
(2000)
2400
(2400)
3200
(3200)
3200
(3200)
Urban municipality
>5000
1600
(2000)
2400
(2400)
3200
(3200)
3200
(3200)
3200
(3200)
Separation Criteria for ILOs
Specific Use
No. of Animal Units
Separation Distance (metres)
Distances are measured from livestock facilities to building development
Numbers in brackets apply where open liquid manure storage facilities are used or proposed
Distances do not apply to residences associated with the operation
d) Public Consultation
i.
Council will advertise any proposal for an ILO, as defined by this bylaw, in the local
newspaper and will provide an opportunity for public comment for a minimum of 21 days
prior to finalizing a decision. All costs associated with advertising will be the
responsibility of the developer.
ii.
Council will encourage developers to hold a separate public open house, prior to
development permit consideration, to provide information to affected landowners. If the
developer does not hold a public open house, Council will hold a separate public meeting
prior to development permit consideration to ensure community interests are considered
before a decision is made Council. Additional consultation will be at the cost of the
developer.
iii.
Council will decide on a a proposed ILO within 45 days of receiving all information
necessary to decide. If an extension is required, Council will notify the developer in
writing, including reasons for the extension, and the length of the extension.
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e) Water Supply and Protection
There shall be a water supply adequate for the proposed development and the development shall
not contaminate any water source. Either prior to approval or as a condition of approval, Council
may:
i.
Require the applicant to demonstrate that appropriate measures will be in place to
minimize the risk of contamination of water sources.
ii.
Require the applicant to demonstrate that an adequate water supply is available for the
development and that the supply for neighbouring developments will not be adversely
affected by the proposed operation.
iii.
The developer may be required to provide Council with a hydrological or other
environmental study or assessment by a qualified professional, at the developer's own cost.
f)
Additional Information
i.
Council may require the applicant to obtain recommendations from appropriate agencies
and address issues regarding water supply, quality and quantity considerations and manure
management plans to evaluate the suitability of the site.
ii.
The Agricultural Operations Act and other provincial legislation may apply to the
development of an ILO. When considering the operational or environmental aspects of a
proposed project that does not trigger a provincial review, Council may wish to refer a
development permit application to the appropriate agencies for advice and
recommendations.
g) Permit Conditions
i.
As a condition of approval, Council shall specify the maximum number of animal units for
which the approval is made to reduce the potential for land use conflicts with neighbouring
uses.
ii.
Council may impose development standards which specify the location of holding areas,
buildings or manure storage facilities on the site, the locations may vary from the
separation criteria in Table 6-3.
h) Existing Livestock Operations
ILOs existing at the time of the adoption of this bylaw may continue. However, any expansion of
the operation, or change of animal species, or type of operation will require approval from Council
in accordance with the requirements and conditions of this bylaw.
i)
Development permits are required for any proposed:
i.
New ILO;
ii.
Expansion of the area of an existing ILO;
iii.
Any temporary facility or part of a site not including temporary confinement of animals;
iv.
Change of animal species, intensity or type of operation;
v.
When a new approval is required from the Ministry of Agriculture.
6.4.6
Manure Application:
a) Cropland or improved pasture, which is not associated with an ILO, may be used for the disposal
of manure wastes from an ILO by spreading of manure. Such manure shall be incorporated into
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the soil within twenty-four hours of spreading, unless incorporation is prevented by adverse
weather conditions, in which case, incorporation shall be completed as soon as is practical.
b) The RM may require, or allow, manure injection into the soil or innovative technologies other
than conventional stockpiling and spreading for manure management. The Ministry of
Agriculture may be consulted regarding manure management.
c) Separation distances required for manure application on a site not associated with an ILO are
shown in Table 6-4.
Table 6-4
Method of Manure
Application
Injected
Incorporated
within 24 hours No incorporation
Hamlet, urban
municipality <100
population
200 metres
400 metres
800 metres
Urban
municipality 100-
500 population
200 metres
400 metres
800 metres
Urban
municipality 501-
5000
400 metres
800 metres
1200 metres
Urban
municipality
>5000
400 metres
800 metres
1600 metres
Separation Criteria for Manure Application
6.4.7
Uses that involve the housing of agricultural animals
a) For any use that involves the sale, shipping, housing, or confinement of agricultural animals,
Council is bound by the location criteria for ILOs, included in the official community plan and
zoning bylaw.
b) In issuing a development permit, Council may apply special standards limiting the number of
animals that may he harbored on the site at any point in time.
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7 Country Residential District (CR)
The purpose of the country residential district is to provide for the subdivision and development of low-density,
non-farm residential sites on lands with low agricultural productivity. The district will accommodate residential
development where there are more sites proposed than are allowed in the Agricultural-Resource District.
7.1
Permitted Uses
7.1.1
Single detached dwellings including modular and RTM units, but not including mobile homes or
recreational vehicles
7.1.2
Residential care homes
7.1.3
Daycares
7.1.4
Public recreational uses and facilities
7.1.5
Accessory uses:
a) Unless otherwise stated, uses, structures and buildings typically associated with an approved
principal use, if 10 m2 (107 ft2) or less in area.
b) Storage units, including sea and rail containers, as an accessory use
7.2
Discretionary Uses
7.2.1
Commercial recreational development
7.2.2
Artisan or craft workshop
7.2.3
Home-based businesses
7.2.4
Bed-and-breakfast homes
7.2.5
Accessory uses:
a) Unless otherwise stated, accessory uses, structures and buildings greater than 10 m2 (107 ft2) in
area
b) Private solar energy systems
c) Private wind energy systems
7.3
Subdivision and Site Regulations
7.3.1
There shall be no restriction on the number of subdivisions allowed per quarter section in this district.
7.3.2
Site Regulations:
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Table 7-1
Minimum site area
Resdential: 0.4 hectares
All other uses: 1 hectare
Maximum site area
Residential: 8 hecatres
All other uses no maximum
Minimum site frontage
20 metres
Minimum front yard
46 metres from the centreline of an RM or provincial
road
15 metres from the centreline of an internal subdivision
or service road
Outside storage is not permitted in the front yard
Minimum side and rear yard
46 metres from the centreline of an RM or provincial
road
15 metres from the centreline of an internal subdivision
or service road
6 metres from an adjacent lot
Maximum building height
11 metres
Subdivision and Site Regulations
7.3.3
Country residential parcels may be exempted from site area requirements in the case of a parcel
physically separated 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, provided:
a) On-site water supply and sewage disposal facilities can be accommodated;
b) The parcel includes a building area of suitable size and elevation to accommodate a residence and
accessory buildings.
7.4
Supplementary Development Standards for the Country Residential District
7.4.1
Commercial Recreational Uses
a) Council will consider the following when reviewing proposals for commercial recreational or
community facilities:
i.
If part of a multi-parcel residential development, the use should be located at or near the
entry to a residential subdivision and should not require access through the residential
development.
ii.
An application for a golf course and any accessory residence will require a concept plan
addressing transportation, utilities, and design, as well as any other site requirements
identified by Council.
7.4.2
Temporary Uses:
a) In the case of an existing, currently habitable dwelling, which is being replaced by a new one, the
existing dwelling, mobile home, or recreational vehicle may, as a condition of the development
permit, remain occupied during construction, only until the new building in habitable. Once
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construction of the new dwelling is complete, the existing dwelling shall be demolished or
removed from the site within thirty (30) days.
b) A mobile home or recreational vehicle may be permitted as a temporary residence during
construction of a new residence. The temporary residence must be addressed in the development
permit for the principal residence. Once construction of the new dwelling is complete, the
existing dwelling shall be demolished or removed from the site within thirty (30) days.
7.4.3
Keeping of Animals
a) Large animals, which include only horses, cattle, sheep, goats, llamas and alpaca, are permitted.
The number of large animals permitted per site is listed in Table 7-2. All other animals shall be
limited to domestic pets.
b) Animals shall not be pastured within 15 meters (49.2 feet) of any dwelling not owned by the
owner of the animals, and no buildings or structures intended to contain animals shall be located
within 30 meters (98.4 feet) of an adjacent property line.
Table 7-2
Parcel Size (ha)
Maximum Number
of Animal Units
0 - 0.39
0
0.4 - 0.79
1
0.8 and greater
2
7.4.4
Landscaping
a) Areas not occupied by buildings, parking, or loading areas, shall be landscaped with trees, shrubs,
grasses, paving stones, or other similar material.
b) All landscaping shall be maintained in a neat and tidy condition.
c) The Development Officer shall not approve an application for a development permit for
landscaping unless:
i.
A landscape plan has been submitted; and
ii.
The landscape plan provides, in the opinion of the Development Officer, appropriate soft or
hard landscape features to enhance the visual amenity of the site and provide for adequate
visual screening, if necessary.
7.4.5
Home-based businesses
a) Home-based businesses shall only be permitted in single detached, semi-detached, duplex, and
mobile homes or associated accessory buildings.
b) No equipment or processes used in the business shall create dust, noise, vibration, glare, fumes,
odour, or pollution that is detectable at or beyond the property lines of the lot on which the home-
based business is located.
c) No mechanical, electrical or construction equipment shall be used, except such as is normally
used for domestic, office, or personal care purposes.
d) The home-based business shall not cause or add to on-street parking congestion or cause an
increase in traffic.
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8 Commercial-Industrial District (C-I)
The objective of this district is to provide for commercial and industrial development uses within the RM.
Council encourages commercial development to locate in close proximity to existing provincial highways.
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8.1
Permitted Uses
8.1.1
Service, dealers, contracting and supply establishments
8.1.2
Commercial nurseries or greenhouses, including retail
8.1.3
Service stations with or without a confectionary
8.1.4
Vehicle and machinery dealers and service establishments
8.1.5
Motels and hotels
8.1.6
Restaurants
8.1.7
Retail stores and personal service shops
8.1.8
Public utilities, excluding solid and liquid waste disposal facilities
8.1.9
Construction trades
8.1.10
Commercial uses related to the mineral and resource sector
8.1.11
Commercial recreational uses
8.1.12
Storage compounds
8.1.13
Commercial trucking establishments
8.1.14
Warehousing, supply and distribution facilities
8.1.15
Accessory Uses:
a) Uses and buildings, 10 m2 (107 ft2) or less and accessory to an approved use
b) Storage units, including sea and rail containers
c) One residence for the owner/operator of an approved commercial use
8.2
Discretionary Uses
8.2.1
Abattoirs, skinning and tanning facilities
8.2.2
Veterinary clinics and animal hospitals
8.2.3
Manufacturing operations
8.2.4
Fabricating operations
8.2.5
Product processing
8.2.6
Auction mart
8.2.7
Salvage yards
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8.2.8
Solid and liquid waste disposal facilities
8.2.9
Accessory uses:
a) Uses and buildings, greater than 10 m2 (107 ft2) and accessory to an approved use
8.3
Subdivision and Site Regulations
8.3.1
There shall be no restriction on the number of subdivisions allowed per quarter section.
8.3.2
Site Regulations:
Table 8-1
Minimum site area
1000 sq. m.
Maximum site area
No maximum
Minimum site frontage
20 metres
Minimum front yard
46 metres from the centreline of an RM or
provincial road
15 metres from the centrelin of an internal
subdivision or service road
Outside storage is no permitted in the front
yard
Minimum side and rear yard
46 metres from the centreline of an RM or
provincial road
15 metres from the centreline of an internal
subdivision or service road
1.5 metres from an adjacent lot
Subdivision and Site Regulations
8.4
Supplementary Regulations for the Commercial-Industrial District
8.4.1
All Commercial and Industrial Uses
a) All commercial uses shall be separated from a residence not occupied by the operator of the use,
by a distance of at least 300 metres (984.25 feet) unless the applicant can establish to the
satisfaction of Council that the use will not emit noxious odours, smoke, dust and noise limiting
the enjoyment or use of the residence.
b) Performance Standards for Commercial and Industrial Uses:
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i.
Noise - there shall be no noise of industrial production audible beyond the boundary of the
lot on which the operation takes place.
ii.
Smoke, dust or ash - processes involving the emission of smoke, dust, fly ash, or other
particulate matter is prohibited.
iii.
Odour - the emission of any odorous gas or other odorous matter is prohibited.
iv.
Toxic gases - the emission of any toxic gases or other toxic substance is prohibited.
v.
Glare or heat - no industrial operation shall be carried out that would produce glare or heat
discernible beyond the property line of the lot.
vi.
Industrial wastes - waste which does not conform to the standards established by the RM,
shall not be discharged into any municipal lagoon.
vii.
The onus of demonstrating, to Council's satisfaction, that a proposed development will
comply with these requirements rests with the developer.
8.4.2
Signs
a) Where multiple businesses operate within a single structure one business logo sign is allowed per
visible business front. The maximum dimension of the sign shall not exceed three meters in
vertical or horizontal direction, parallel to the front of the building, nor exceed a depth of 0.3
metre (0.98 feet).
b) One (1) business name sign is allowed per visible business unit front, and shall not exceed 15% of
the area of the front of the building and shall not exceed 30 square metres (322.9 square feet),
parallel to the front of the building, nor exceed a depth of 0.3 metre (0.98 foot).
8.4.3
Accessory dwelling units
a) One dwelling unit is permitted as an accessory use to an approved commercial use; provided the
principal operation is undergoing.
b) Dwelling units shall have a floor area smaller than, or equal to, the floor area of the commercial
use.
c) Dwelling units shall be located above or at the rear of the principal building and may be attached
or separate from the principal use. If attached to the commercial buildings, the dwelling unit shall
have and entrance that is separate from that of the commercial establishment.
d) Residences, which are accessory to a commercial use, shall meet all provincial requirements for
health, safety, and fire regulations.
8.4.4
Uses that involve the housing of agricultural animals
c) For any use that involves the sale, shipping, housing, or confinement of agricultural animals,
Council is bound by the location criteria for ILOs, included in the official community plan and
zoning bylaw.
d) In issuing a development permit, Council may apply special standards limiting the number of
animals that may he harbored on the site at any point in time.
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9 Hamlet District (H)
The purpose of the hamlet district is to accommodate the exiting hamlet area(s) in the RM and to encourage
additional orderly medium to high-density growth. The hamlet district will also provide a service and social
centre for the surrounding rural area.
9.1
Permitted Uses
9.1.1
Residential
a) Single detached dwellings, including modular and RTM homes, but not including mobile homes
or recreational vehicles
b) Semi-detached dwellings
9.1.2
Commercial
a) Retail Stores
b) Restaurants, confectioneries, and other places for the sale and consumption of food and related
items
c) Establishments for the servicing, storage, and sale of motor vehicles, farm machinery, and
equipment
d) Hotels and motels
e) Service stations
9.1.3
Community and Recreational
a) Sports fields
b) Rinks
c) Parks
d) Golf courses
e) Community halls, public museums, and libraries
9.1.4
Other
a) Schools and educational institutions
b) Places of worship
c) Public utilities and related structures
d) Historical and archaeological sites
9.1.5
Accessory uses
a) Unless otherwise stated, uses, structures and buildings typically associated with an approved
principal use
9.2
Discretionary Uses
9.2.1
Food processing plants
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9.2.2
Industrial uses
9.2.3
Agricultural equipment, motor vehicle, or recreational equipment dealers and service establishments
9.2.4
Agricultural seed, fuel, and chemical supply establishments
9.2.5
Agricultural product storage, transshipment, service and contracting establishments, excluding facilities
for the handling of large animals
9.2.6
Construction trades
9.2.7
Manufacturing or processing establishments
9.2.8
Welding, machine shops, and metal fabricating
9.2.9
Uses accessory to a residence
a) Bed-and-breakfast operation
b) Home-based business
9.3
Subdivision and Site Regulations
9.3.1
Site Regulations:
Table 9-1
Single Detached
Semi-detached
(per unit)
Frontage
15 m with a lane
18 m without a lane
11 m with a lane
15 m without a lane
Site area
657 sq. m.
396 sq. m.
Front yard
6 m
6 m
Side yard
2 m unless on a corner
lot, then the side yard
shall be 3 m.
2 m unless on a corner lot, then
the side yard shall be 3 m.
Where units share a wall, there
shall be no required side yard
Rear yard
6 m
6 m
Maximum site coverage
50%
50%
Maximum building height
11 m.
11 m.
Residential Uses
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Table 9-2
Frontage
7.5 m except for ervice
stations,
which shall be 30 m
Site area
278 sq. m. except for
servce stations,
which shall be 929 sq. m.
Front yard
No requirement except for
service stations, which
shall be 7.5 m
Side yard
No requirement
Rear yard
6 m
Commercial Uses
Table 9-3
Frontage
15 m
Site area
To be determined on
specific land use needs
Front yard
7.5 m
Side yard
No requirement
Rear yard
6 m
All Other Uses
9.4
Supplementary Development Standards for the Hamlet District
9.4.1
The keeping of large breed animals, or animals typically associated with farming, is prohibited.
9.4.2
Accessory Buildings
a) All accessory uses and buildings shall be defined as any building, structure, or use that is
customarily accessory to the principal use of the site, but only if the principal use or building has
been established.
b) All accessory uses, building, 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
by this bylaw from development permit requirements.
c) Permitted accessory buildings located on a single site in this district shall not exceed a floor area
of 67 m2 (721.2 ft2).
d) General performance standards for accessory uses and buildings shall meet the same requirements
as the principal use or building.
9.4.3
Landscaping
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a) Areas not occupied by buildings, parking, or loading areas, shall be landscaped with trees, shrubs,
grasses, paving stones, or other similar material.
b) All landscaping shall be maintained in a neat and tidy condition.
c) The Development Officer shall not approve an application for a development permit for
landscaping unless:
i.
A landscape plan has been submitted; and
ii.
The landscape plan provides, in the opinion of the Development Officer, appropriate soft or
hard landscape features to enhance the visual amenity of the site and provide for adequate
visual screening, if necessary.
9.4.4
Home-based businesses
e) Home-based businesses shall only be permitted in single detached, semi-detached, duplex, and
mobile homes or associated accessory buildings.
f)
No equipment or processes used in the business shall create dust, noise, vibration, glare, fumes,
odour, or pollution that is detectable at or beyond the property lines of the lot on which the home-
based business is located.
g) No mechanical, electrical or construction equipment shall be used, except such as is normally
used for domestic, office, or personal care purposes.
h) The home-based business shall not cause or add to on-street parking congestion or cause an
increase in traffic.
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10 Definitions
In this Bylaw when the following words or terms are used, they have the following meaning, unless the context
provides otherwise:
Accessory Use:
A use customarily incidental, subordinate, and exclusively devoted to the principal
use or building and is located on the same site with such principal use or building.
Act:
The Planning and Development Act, 2007.
Administrator:
The official administrator for the Municipality pursuant to The Municipalities Act.
Agricultural Operation:
Alteration:
An operation, which produces field and horticultural crops, including vegetables,
fruit, mushrooms, sod, trees, shrubs, flowers, and greenhouse crops but excluding
cannabis.
Any structural change or addition made to any building or structure.
Ancillary Residence:
A dwelling unit that is used by the owner/operator of the principal use and is
located on the same site.
Ancillary Use:
A use that is secondary and subordinate in size, extent and purpose to the principal
use on the same site, but is not necessary for the operation of the principal use on
that site.
Animal Unit:
The kind and number of animals calculated in accordance with the following table:
Kind of Animal
Number of Animals
(= 1 Animal Unit)
Poultry
Hens, cockerels, capons
100
Chicks, broiler chickens
200
Turkeys, geese, ducks
50
Exotic birds
25
Hogs
Boars and sows
3
Gilts
4
Feeder pigs
6
Weanling pigs
20
Sheep
Rams or ewes
7
Lambs
14
Goats, etc.
All (including llamas, alpacas etc.)
7
Cattle
Cows and bulls
1
Feeder cattle
1.5
Replacement heifers
2
Calves
4
Horses
Colts and ponies
2
Other horses
1
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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 Act.
Bed-And-Breakfast Home:
A residence defined under The Public Accommodation Regulations, in which
overnight accommodation within the unit, along with one meal served before
noon, is provided to the travelling public for a charge.
Building:
A structure used for the shelter or accommodation of persons, animals, or goods.
Building, Accessory:
A subordinate detached building apart from the main building or main use and
located in the same site, which provides better and more convenient function of
the main building or main use.
Building Permit:
A permit issued under a Building Bylaw of the Municipality authorizing the
construction of all or part of any building.
Campground:
The seasonal operation of an area of land managed as a unit, providing temporary
short-term accommodation for tents, tent trailers, travel trailers, recreational
vehicles and campers, used by travelers and tourists.
Cannabis
Cannabis Production
Facility
Communal Dwelling:
Means cannabis plant, fresh cannabis, dried cannabis, cannabis oil, cannabis plant
seeds, edible products that contain cannabis. and any other substance defined as
cannabis in the Cannabis Act (Canada) and the associated regulations, as amended
from time to time and incudes
A federally licensed facility for growing cannabis plants and harvesting material
from those plants, or the manufacturing, packaging and labeling of cannabis
products destined for sale to consumers for recreational purposes, and the intra-
industry sale of these products, including provincially authorized distribution, or
both.
Is identified as the dwelling unit(s) on land where the land is used for agricultural,
educational, religious and other shared purposes.
Council:
The Council of the Rural Municipality of Stanley No. 215.
Developed Road:
An existing paved or graded all-weather road on a registered right of way, or a
road for which arrangement have been made with Council to provide for the
construction of the road on a registered right of way to a standard approved by
Council.
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 or intensity of the use of
any building or land.
Development Permit:
A document authorizing a development issued pursuant to this bylaw.
Discretionary Use:
A use of land or buildings or form of development that:
-
Is prescribed as a discretionary use in this bylaw; and
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-
Requires the approval of council pursuant to section 56 of the act and this
Bylaw.
Dwelling:
Dwelling, Duplex
Dwelling, Semi-detached
Dwelling, Single
Detached:
A building or part of a building intended for residential occupancy.
A building, which is divided either vertically or horizontally into two dwelling
units with separate entrances.
A building divided vertically into two dwelling units by a common wall extending
from the base of the foundation to the roofline.
A detached building consisting of one dwelling unit as defined here; and occupied
or intended to be occupied as a permanent home or residence, but shall not include
a mobile home, modular home, or trailer coach as defined here.
Dwelling, Townhouse
Dwelling Unit:
A dwelling, designed as one cohesive building in terms of architectural design,
which contains three or more similar attached dwelling units each of which fronts
on a street, has direct access to the outside at grade and is not wholly or partly
above another dwelling.
One (1) or more habitable rooms constituting a self-contained unit and used or
intended to be used together for living and sleeping purposes by one (1) or more
persons.
Dwelling Group:
A group of principal buildings used as dwellings, located on a single parcel,
developed as a project including, rental, condominium or bare land condominium
forms of tenure.
Farmstead:
A confined area on a quarter section or equivalent and includes the residence of
the farm operator, and buildings and facilities related to the farm operation.
Flood Way:
The portion of the flood plain adjoining the channel where the waters in the 1:500
year flood are projected to meet or exceed a depth of one metre or a velocity of 1
metre (3.28 feet) per second.
Flood Fringe:
The portion of the flood plain where the waters in the 1:500 year flood are
projected to be less than a depth of 1 metre (3.28 feet) or a velocity of 1 metre
(3.28 feet) per second.
Floor Area:
The sum of horizontal area contained within the outside of the outside walls of a
building at each floor level at or above grade, excluding in the case of a dwelling,
any private garage, porch, veranda, sun lounge, or unfinished room or attic.
Frontage:
The full length/width of a site measured alongside the road onto which the site
fronts.
Greenhouse, Commercial
Grocery Store:
A greenhouse that includes a retail aspect and caters to the general horticultural
needs of the public for financial gain and may include outdoor storage of
landscaping supplies, but does not include the growth of cannabis.
The use of a building, or a portion of a building, for the sale of foodstuffs and
convenience goods to serve the needs of the surrounding residents and the
traveling public.
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Hazard Land:
Land which may be prone to flooding, slumping, subsidence, landslides, erosion,
any other instability, or is located within the flood plain of a river, stream or lake.
Home-based Business:
An occupation, trade, profession or craft customarily conducted for gain in a
dwelling unit or accessory building by the resident or residents, which is clearly
incidental and secondary to the principal use of the site and which does not create
or become a public nuisance as a result of noise, traffic, parking or pollution.
Home-based businesses shall not occupy more than 20% of the total finished floor
area of a dwelling unit.
Hotel:
A building which provides sleeping accommodation for which a fee is charged and
may also contain commercial uses, facilities or services such as a restaurant,
dining room, room service or convention room.
Highway Sign Corridor:
A strip of land parallel and adjacent to a provincial highway; where private signs
may be permitted to advertise goods and services of local area businesses and
attractions, as provided by regulations of the Ministry of Saskatchewan Highways
and Infrastructure entitled "The Provincial Highway Sign Control Regulation,
2012", as may be amended or replaced from time to time.
Intensive Agricultural
Operation:
A principal use that produces a crop that is grown in buildings or under structures,
using hydroponic techniques, or by use of intensive irrigation and fertilizer
application, but not including an intensive livestock operation.
Intensive Livestock
Operation (ILO):
The operation or facilities for the confinement or feeding of poultry, hogs, sheep,
goats, cattle, horses, or domesticated game animals where the site provides less
than 370 square metres (3982.65 square feet) of space for each animal unit and
will contain one hundred (100) or more animal units.
Kennel:
Development used for the breeding, boarding, caring or training of dogs. Typical
facilities include dog boarding and dog training establishments, and animal rescue
homes.
Medical Cannabis
Production Facility
Mobile Home:
A facility licensed by the Federal Government of Canada and used solely for the
production, manufacture, processing, testing, packaging, and shipping of cannabis
and cannabis products for medical purposes.
A trailer coach bearing CSA Z240 certification for mobile homes (or a
replacement thereof):
-
That is used as a temporary dwelling;
-
That has water faucets and shower, or other bathing facilities, that may be
connected to a water distribution system that is equipped with facilities
for washing and water closet; or
-
other similar facility, which may be connected to a sewage system.
Modular Home:
A factory-built home that is manufactured as a whole or modular unit and is
designed to be moved on a removable chassis to be used as one dwelling unit, and
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is certified by the manufacturer that it complies with the Canadian Standards
Association Code CSA-A277 standard.
Motel:
A building or group of buildings on a site designed and operated to provide
temporary accommodation and contains separate sleeping units, each of which is
provided with an adjoining conveniently located parking stall.
Municipality:
The Rural Municipality of Stanley No. 215
Non-Conforming
Building:
A building:
-
That is lawfully constructed or lawfully under construction, or with
respect to which all required permits have been issued, at the date a
Zoning Bylaw or any amendment to a Zoning Bylaw affecting the
building or land on which the building is situated or will be situated
becomes effective
-
That on the date a zoning bylaw or any amendment to a Zoning Bylaw
becomes effective does not, or when constructed will not, comply with
the zoning bylaw.
Non-Conforming Site:
A site, consisting of one or more contiguous parcels, that, on the date a zoning
bylaw or any amendment to a zoning bylaw becomes effective, contains a use that
conforms to the bylaw, but the site area or site dimensions do not conform to the
standards of the bylaw for that use.
Non-Conforming Use:
A lawful specific use:
-
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 the zoning bylaw or any
amendment to the zoning bylaw affecting the land or building becomes
effective
-
That on the date the zoning bylaw or any amendment to the 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.
Outside Storage:
The storing, stockpiling or accumulating of goods, equipment or material in an
area that is open or exposed to the natural elements.
Pasture:
A site that is used for the raising and feeding of livestock by grazing.
Park Model Trailer Home
Permitted Use:
A residential unit designed for long-term or permanent installation on a permanent
foundation (may have a basement), having architectural features similar to
permanent residential dwellings, and conforming to Canadian Standards
Association (CSA) Standard A277.
A use or form of development rightfully allowed in a zoning District, subject to
the regulations contained in this Bylaw.
Personal Service Shops:
A facility for providing a service to individuals, including but not limited to
barbershops, professional services, medical clinics, drycleaners, etc.
Principal Use:
The main activities conducted on a site.
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Principal Building:
The main building in which the principal use of the site is conducted.
Public Road:
A road allowance or a legally surveyed road vested in the name of Ministry of
Highways and Infrastructure.
Public Utility:
Excluding wind energy, a government or private enterprise, which provides a
service to the general public.
Quarter Section (Or
Equivalent):
A quarter section (64.75 hectares (160 acres)) as defined by the Township Plan of
Survey in the Land Titles Office, including any partial quarter Section defined on
the Township Plan of Survey which is exclusive of any registered road, road
widening, or railway right of way, but in no case shall equivalent be allowed to be
less than 48.56 hectares (120 acres).
Recreational Vehicle:
Any motor-home, travel trailer, or fifth wheel trailer; any camper when it is not
mounted on a truck, but placed on the ground, on a stand or otherwise stored; or
other similar vehicle. A large recreational vehicle shall not include: small utility
trailers; camper van conversions; tent trailers; campers which are mounted in
trucks; boats; snowmobiles; all-terrain vehicles; jet skis; or motorcycles and
trailers to carry them.
Reeve:
The Reeve of the Rural Municipality of Stanley No. 215
Residence:
A single detached dwelling, mobile home or modular home
RTM (Ready-to-Move
Home)
School:
A residential dwelling that is constructed off-site in a yard or factory to Canadian
National Building Code and transported as a single unit to a site for permanent
installation on a permanent foundation.
A site, building or other premises and improvements that is utilized for the
purposes of educating students with a faculty.
Sign:
Any writing (including letter or word), pictorial representation (including
illustration or decoration), emblem (including devise, symbol or trademark), flag
(including banner or pennant), or any other figure of similar character which:
-
Is a structure or any part thereof, or is attached to, painted on, or in any
manner represented on a building
-
Is used to announce or direct attention to, or advertise
-
Is visible from outside the building.
Site:
An area of land with fixed boundaries that has been registered in the Land Titles
Office by Certificate of Title, and for which all portions of the land are
consolidated under a single title.
Site Line, Front Or Site
Frontage:
The boundary that divides the site from the street or road. In the case of a corner
site, the front site line shall mean the boundary separating the narrowest street
frontage of the site from the street. Site frontage for a non-rectangular site shall be
defined as the mean of the measured front and rear site lines.
Site Line, Rear:
The boundary at the rear of the site and opposite the front site line.
Site Line, Side:
A site boundary other than a front or rear site line.
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Street:
A public road or thoroughfare registered by plan of survey which affords the
principal means of access to abutting property, but shall not include an easement
or lane.
Structure:
Anything that is built, constructed, or erected, located in, on, or over the ground,
or attached to something located in or over the ground.
Subdivision:
A division of land, and includes a division of a quarter Section into legal
subdivisions as described in the regulations made pursuant to The Land Surveys
Titles Act, 2000.
Units of Measure:
Units of measure in this Bylaw are metric abbreviated as follows:
o
m - metre(s)
o
m2 - square metre(s)
o
km - kilometre(s)
o
ha - hectare(s)
o
ac - acre(s)
o
ft - foot (feet)
Use:
The purpose or activity for which a piece of land or its buildings are designed,
arranged or intended, 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:
-
Rental accommodation in the farm dwelling or adjacent private cabins
comprising one or more rooms furnished to enable the preparation of
meals if full board is not provided
-
A tract of land on which one or more camping, tenting or parking sites is
located, where electricity, potable water and toilet facilities are provided
to the persons, families, or groups occupying any of the sites.
Waste Disposal Facility,
Liquid:
A facility to accommodate any liquid waste from residential, commercial,
institutional and industrial sources, but does not include a septic system for a
single residence or farmstead, or a manure storage area for an intensive livestock
operation.
Waste Disposal Facility,
Solid:
A facility, not including a waste transfer station or a temporary storage facility, to
accommodate discarded materials, substances or objects which originated from
residential, commercial, institutional and industrial sources which are typically
disposed of in municipal or private landfills, but not including dangerous goods,
hazardous waste or biomedical waste.
Yard:
The open, unoccupied space on a lot between the property line and the nearest
wall of a building.
Yard, Front:
That part of a site that extends across the full width of a site between the front site
line and the nearest main wall of a building or structure.
Yard, Rear:
That part of a site which extends across the full width of a site between the rear
site line and the nearest main wall of a building or structure.
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Yard, Required:
The minimum yard required by a provision of this bylaw.
Yard, Side:
The part of a site that extends from a front yard to the rear yard between the side
line of a site and the nearest main wall of a building or structure.
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11 Appendix A Development Review Criteria
11.1.1
When considering an application to subdivide or develop land, or to amend the planning bylaws,
Council shall consider the following:
a.
Does the proposal satisfy the goals, objectives and policies of the OCP and the development
standards of the zoning bylaw
b. Is there a reasonable need or a demand for the proposed use?
c.
Is the location suitable, are the necessary services accessible and economical, is the proposal
sustainable with respect to municipal capacity?
d. Would an alternative site or building be more suitable for the proposal with respect to achieving
the intent of the OCP?
e.
Is the RM capable of providing the services needed to support the use or development? Servicing
agreements or development levy agreements, will be required to ensure the costs do not fall on the
municipality or general tax base.
f.
Is the proposed use compatible with nearby land uses, existing and potential public utilities, the
character of the area, and does it conform to municipal policies for environmental protection?
g. How will the proposed development impact current and future municipal projects, as identified in
the bylaw?
h. Is additional information needed in order to make an informed decision? (Reports, studies,
development issues, resident concerns, provincial comments and public hearing submissions, etc.)
11.1.2
Subdivision and development proposals shall not be approved where the proposal:
a.
Is detrimental to the health, safety, convenience, or general welfare of persons residing or working
in the area;
b. Is injurious to, or incompatible with, existing or proposed developments or public utilities;
c.
In Council's opinion, involves prohibitively expensive public utility construction or maintenance
costs;
d. Involves the refusal of a developer to enter into a servicing or development levy agreement;
e.
Is not appropriately located, designed or serviced, or is not environmentally responsible.
11.1.3
Where a subdivision or development proposal affects the municipal road system, the municipality may,
at its discretion, and pursuant Section 22 of The Municipalities Act, require the landowner or developer
to enter into a road maintenance agreement.
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12 Appendix B - Zoning Map
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13 Appendix C Development Opportunities and Constraints Map