Health Articles

Zoning bylaw

R.M. of Baildon No. 131 Zoning Bylaw Rural Municipality of Baildon No. 131 R.M. of Baildon No. 131 Zoning Bylaw R.M. of Baildon No. 131 Zoning Bylaw The Rural Municipality of Baildon No. 131 Bylaw No. A Bylaw of the Rural Municipality of Baildon No. 131 to adopt a Zoning Bylaw. The Council of the Rural Municipality of Baildon, in the Province of Saskatchewan, in open meeting assembled enacts as follows: (1) Pursuant to Section 34(1) of The Planning and Development Act, 2007 the Council of the Rural Municipality of Baildon hereby adopts the Rural Municipality of Baildon Zoning Bylaw, identified as Schedule "A" to this Bylaw. The Reeve and Rural Administrator are hereby authorized to sign and seal Schedule "A" which is attached to and forms part of this Bylaw. Bylaw No. 2/88, the Zoning Bylaw, and all amendments to are hereby repealed. This Bylaw shall come into force on the date of final approval by the Minister of Government Relations. Read a First Time the _day of _, Read a Second Time the _ day of , Read a Third Time the _day of _, Adoption of this Bylaw this _ day of , _ (Reeve) _ (Rural Municipality Administrator) R.M. of Baildon No. 131 Zoning Bylaw R.M. of Baildon No. 131 Zoning Bylaw ZONING BYLAW Being Schedule "A" to Bylaw No. _ Rural Municipality of Baildon No. 131 _ (Reeve) _ (Rural Municipality Administrator) R.M. of Baildon No. 131 Zoning Bylaw R.M. of Baildon No. 131 Zoning Bylaw TABLE OF CONTENTS Development Officer Development Permit Process Temporary Development Permit Building Permits, Licenses and Compliance with other Bylaws Development Not Requiring a Permit 3.8 Amending the Zoning Bylaw Servicing Agreements and Development Levies 3.10 Fees and Advertising 3.11 Offences and Penalties 3.12 Minor Variances GENERAL REGULATIONS Environmental Management and Hazard Lands Number of Residences on a Parcel One Principal Building or Use Mobile and Modular Homes Non-Conforming Uses, Sites and Buildings Signs and Billboards Storage of Vehicles Salvage Yards, Auto Repair Shops, Body Shops and Similar Uses R.M. of Baildon No. 131 Zoning Bylaw Gas or Service Stations 4.10 Sea and Rail Containers 4.11 Public Utilities, Pipeline and Facilities 4.12 Waste Disposal 4.13 Home Based Businesses 4.14 Kennel 4.15 Bed and Breakfasts and Vacation Farm Operations 4.16 Campgrounds 4.17 Dwelling Groups 4.19 Roads 4.20 Setbacks 4.21 Outdoor Storage 4.22 Accessory Uses 4.23 Fences 4.24 Grading and Leveling of Sites 4.25 Parking 4.26 Water 4.27 Storage of Chemical, Fertilizers and Combustible Materials 4.28 Waste Disposal 4.29 Wind Energy Systems 4.30 Telecommunication Towers 4.31 Equestrian Facilities 4.32 Domestic Game Farms 4.33 Conservation and Development Areas ZONING DISTRICTS AGRICULTURAL RESOURCE DISTRICT (AR) HAMLET DISTRICT (H) HIGHWAY COMMERCIAL DISTRICT (HC) 15 WING OVERLAY DISTRICT R.M. of Baildon No. 131 Zoning Bylaw This Bylaw shall be known as the "Zoning Bylaw of the Rural Municipality of Baildon No. 131" Scope All development within the limits of the Municipality shall be in conformity with the provisions of this Bylaw. 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 of the Bylaw as a whole, or any other part, Section or provision of this Bylaw will not be affected. R.M. of Baildon No. 131 Zoning Bylaw R.M. of Baildon No. 131 Zoning Bylaw 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 or structure that is 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. Structures including but not limited to, those intended to be used as vehicle garages, larger garden sheds, gazebos, recreational structures housing swimming pools, tennis courts, ice surfaces and similar recreational activities that are not intended for commercial use. Act – The Planning and Development Act, 2007. Agricultural Operator: those persons responsible for the day-to-day management decisions made in the operation of a farm or agricultural operation. Alteration – any structural change or addition made to any building or structure. Animal Husbandry – means the rearing, confinement or feeding of poultry, hogs, horses, sheep or cattle on a site, but does not include intensive livestock operations. Animal Unit – the kind and number of animals calculated in accordance with the following table: R.M. of Baildon No. 131 Zoning Bylaw 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. Administrator – the official administrator for the Municipality pursuant to The Municipalities Act. 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 Operation– a residence, licensed as a tourist home 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. Beverage Room – an establishment, licensed by the Province of Saskatchewan, in that alcoholic beverages are served for a fee for consumption on the premises and may include a licensed lounge that is ancillary to a restaurant. Food preparation or serving of food maybe an accessory use to the drinking establishment but is subject to all applicable provincial regulations. 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. Camping Facility – 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 travellers and tourists. Care Services - means development to provide daytime personal care and education to children or elderly persons, but does not include overnight accommodation. Typical facilities would include daycare or "elder care" centres, day nurseries, family day home child care, nursery schools and play schools. Communal Dwelling - is identified as the dwelling unit(s) on land owned by Hutterite, Mennonite or any other type of colony who use the land for agricultural, educational, and other shared purposes. Council – the Council of the Rural Municipality of Baildon No. 131. 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 – means a use of land or buildings or form of development that: R.M. of Baildon No. 131 Zoning Bylaw (a) is prescribed as a discretionary use in this Bylaw; and (b) requires the approval of Council pursuant to Section 56 of the Act and this Domestic Animal- Animals such as dogs and cats, or any other animal that Council sees fit, that
have been tamed and made fit for a human environment.
Domestic Game Farm – Defined as per The Domestic Game Farm Animal Regulations.
Duplex Dwelling – a building divided into two (2) dwelling units as herein define, each of which is
occupied as a permanent home or residence.
Dwelling, Single Detached – 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 Unit – one or more habitable rooms constituting a self-contained unit and used or
intended to be used together for living and sleeping purposes by one or more persons.
Dwelling Group – a group of principal buildings used as dwellings, located on a single parcel,
developed as a project, that may include rental, condominium or bare land condominium forms of
tenure.

Farmstead – a farm or the part of a farm comprising its main buildings together with adjacent
lands.
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.
Flood Fringe – means the portion of the flood plain where the waters in the 1:500 year flood are
projected to be less than a depth of one metre or a velocity of one metre per second.
Flood Plain – means the area prone to flooding from a water body or watercourse that comprises
the combined area of the flood way and flood fringe.
Flood Way – means 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 one
metre per second.
Frontage – the full length of a titled site measured alongside the road on to which the site or
building fronts.
Grocery Store – 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.
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.
R.M. of Baildon No. 131 Zoning Bylaw Home Based Business – an occupation carried on by the occupants of a residence or agricultural operation and is a use secondary to the permitted use. 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 Erection of Signs Adjacent to Provincial Highway Regulations, 1986, 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 permanent or temporary rearing, confinement or feeding of poultry, hogs, sheep, goats, cattle, horses, or domesticated game animals in such numbers that the facility and portion of a parcel or site used for the operation does any of the following conditions: (a) will contain 100 or more animal units (b) provides less than 370 m2 of space for each animal unit (c) will contain more than 20 animal units for 10 or more days of the month within 300 m of water body not controlled by the operator (d) will contain more than 20 animal units for 10 or more days of the month within 30 m of a domestic well not controlled by the operator. Junked Vehicles – any automobile, tractor, truck, trailer or other vehicle that: has no valid license plate is in rusted, wrecked, partly wrecked, dismantled, partly dismantled, inoperative or abandoned condition is not contained within a permitted building does not form part of a permitted business 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. Lane – legal site intended to provide secondary access to the rear or side of abutting sites. Liquor Sales – the wholesale or retail sale or distribution to the public of any and all types of alcohol spirits/beverages. R.M. of Baildon No. 131 Zoning Bylaw Mobile Home – a trailer coach bearing CSA Z240 certification for mobile homes (or a replacement thereof): (a) that is used as a dwelling (b) that has water faucets and shower, or other bathing facilities, that may be connected to a water distribution system (c) 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 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. Multiple Dwelling – a residential building consisting of three (3) or more dwelling units. Municipality – the Rural Municipality of Baildon No. 131 Non-Conforming Building – a building: (a) that is lawfully constructed or lawfully under construction, or with respect to which all required permits have been issued, at the date a Zoning Bylaw or any amendment to a Zoning Bylaw affecting the building or land on which the building is situated or will be situated becomes effective (b) that on the date a Zoning Bylaw or any amendment to a Zoning Bylaw becomes effective does not, or when constructed will not, comply with the Zoning Bylaw. Non-Conforming Site – a site, consisting of one or more contiguous parcels, that, on the date a Zoning Bylaw or any amendment to a Zoning Bylaw becomes effective, contains a use that conforms to the Bylaw, but the site area or site dimensions do not conform to the standards of the Bylaw for that use. Non-Conforming Use – a lawful specific use: (a) being made of land or a building or intended to be made of land or of a building lawfully under construction, or with respect to which all required permits have been issued, at the date the Zoning Bylaw or any amendment to the Zoning Bylaw affecting the land or building becomes effective (b) 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. R.M. of Baildon No. 131 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. Permitted Use – 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. 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 – a government or private enterprise, which provides a service to the general public not including wind energy systems. Quarter Section – a quarter Section as defined by the Township Plan of Survey in the Land Titles Office, exclusive of any registered road, road widening, or railway right of way, but including any partial quarter Section defined on the Township Plan of Survey. Reeve – the Reeve of the Rural Municipality of Baildon No. 131 Residence – a single detached dwelling, mobile home or modular home School – 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: (a) is a structure or any part thereof, or is attached to, painted on, or in any manner represented on a building (b) is used to announce or direct attention to, or advertise (c) 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. R.M. of Baildon No. 131 Zoning Bylaw Site Line, Rear – the boundary at the rear of the site and opposite the front site line. Site Line, Side – a site boundary other than a front or rear site line. Street – a public road or thoroughfare registered by plan of survey which affords the principal means of access to abutting property, but shall not include an easement or lane. Structure – anything that is built, constructed, or erected, located in, on, or over the ground, or attached to something located 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. Telecommunication Tower – structures designed to support antennas for telecommunication and broadcasting. Total Wind System Height: Shall mean the height from ground level to the tip of the rotor at its highest point. Tower: Shall mean any structure used for the transmission or reception of radio, television, telecommunications, mechanical or electrical energy for industrial, commercial, private or public uses, or for the storage of any substance or liquid Tower Height: Shall mean the height above-ground of the fixed portion of the tower, excluding any wind turbine and rotors. Trailer Coach – any vehicle or dwelling that has been modified to allow for both transportation upon public roads or highways and also be utilized as a dwelling or sleeping place for one or more persons. Units of measure – units of measure in this Bylaw are metric abbreviated as follows: - square metre(s) 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: (a) 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 R.M. of Baildon No. 131 Zoning Bylaw (b) 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. Wind Energy System - a structure including towers that converts wind energy to electrical energy, including but not limited to a wind charger or wind turbine. Wind Energy Facilities - shall mean a power plant that uses wind turbines to generate electricity, together with all fixtures, improvements, facilities, machinery, equipment, roads and other items required or useful for the conversion of wind energy into electricity and/or the transmission of electricity, including without limitation: foundations and concrete pads, footings, steel towers, wires, anchors, fences, maintenance, security, office and/or guest facilities, buildings to properly operate the wind turbines, house, protect and otherwise facilitate the conversion and transmission of electricity; wind analysis equipment, anemometers and associated monitoring devices and instruments, and associated towers, support structure, footings, towers, guy wires, anchors and wires; facilities for the storage, switching, metering, step-up, step-down, transmission, conducting, wheeling or conveyance of electricity, or to connect one or more wind turbines to a utility's or other wheeling entity's power lines, including, without limitation, (i) transmission lines, (ii) power transfer, distribution and collector lines, (iii) interconnection and switching facilities, (iv) transformers, circuit breakers, disconnect switches and (v) associated towers, support structures, footings, tower, poles, cross-arms, guy lines anchors and wires; Facilities for the transmission, conveyance or transfer of date or communications necessary for a wind energy project, including, without limitation, wire-based control and communications systems, and wireless radio rely systems; substation facilities (to transfer power from the wind turbines to power transmission lines); and staging areas, lay-down areas and maintenance yards. Yard – the open, unoccupied space on a lot between the property line and the nearest wall of a building. R.M. of Baildon No. 131 Zoning Bylaw Yard, Front – that part of a site that extends across the full width of a site between the front site line and the nearest main wall of a building or structure. Yard, Rear – that part of a site which extends across the full width of a site between the rear site line and the nearest main wall of a building or structure. Yard, Required – the minimum yard required by a provision of this Bylaw. Yard, Side – the part of a site that extends from a front yard to the rear yard between the side line of a site and the nearest main wall of a building or structure. R.M. of Baildon No. 131 Zoning Bylaw R.M. of Baildon No. 131 Zoning Bylaw Development Officer The Rural Municipal Administrator shall be the Development Officer responsible for the administration of this Bylaw. In their absence Council may designate other employee(s) of the Municipality from time to time. Development Permit Process Every person shall obtain a development permit before commencing any development within the Municipality, except those developments that are listed as exempt. The completed development permit application shall include, where □ A description of the intended use or proposed development including any change in building use or land use change □ Legal land description □ The signature of the applicant and the registered landowner(s) □ A copy of the Certificate of Title □ Estimated commencement and completion dates □ Floor Plans and elevations of the proposed development (which will be kept at the Municipal Office for future reference) □ Technical reports i.e. geotechnical, hydrological, environmental □ Flood elevation information □ Construction schedule □ A detailed description of the proposed use, its overall operation and □ Proof of approval from any other appropriate authority when such approval is deemed necessary by the Development Officer □ any other information needed to assess the application. R.M. of Baildon No. 131 Zoning Bylaw □ An attached site plan which shall include:  All adjacent roads, highways, service  Location of well or cistern roads and access to the site (label on  Method and location of sewage  Rights-of-ways and easements (gas, oil, power, drainage easements, etc)  Sign location and details like artwork, colors, size, lights, etc  All drainage courses  Parking and loading facilities  Location of proposed development  Sidewalks, patios, playgrounds  Existing development on the site  Landscaping details (existing trees, removal of trees, proposed plantings,  Any additional information deemed berming, water features, etc) Development Officer  Setbacks to property line, road and  Top of bank and water  Existing and proposed services: Upon receipt of the completed application and prior to making a decision, the Development Officer may refer any application to Council for a decision on the interpretation of the Bylaw or regarding special conditions provided for in the Bylaw, and 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 further information necessary to render a decision. The Development Officer may refer the application to any internal or external departments or organizations including other professional such as planning, legal or engineering, or 15 Wing Moose Jaw for review or comment prior to issuing a development permit with the cost borne by the applicant. Any recommendations received may be applied as conditions to the development permit. The Development Officer shall make available a copy of all approved Development Permit applications involving installation of water and sanitary services should such information be requested by provincial officials under the Public Health Act and Regulations. R.M. of Baildon No. 131 Zoning Bylaw The Development Officer shall determine if the proposed development is  The Development Officer will issue a development permit when the application conforms to the Zoning Bylaw, incorporating any special regulations, performance standards or development standards authorized by this Bylaw  The Development Officer will issue a refusal, when the application does not comply with a provision or regulation of this Bylaw and write a letter to the applicant stating the reason for refusal. Discretionary Use:  The Development Officer will prepare a report for Council on the proposal discussing or examining the criteria for consideration of that discretionary use and submit the application to Council for a decision.  At least 7 days before the application is to be considered by Council, the Development officer shall provide notice to the public for the discretionary use application. The notice must be provided to the assessed owners of property within 75 metres of the boundary with the applicant's land; and any other owners the Development Officer feels should be notified or who may have an interest in the lands.  Council shall make a decision on a discretionary use, by resolution, that approves, approves with development standards or conditions, or refuses the discretionary use on that site and that instructs the Development Officer to: Issue a development permit incorporating any specific development standards set by Council, where the development complies with the standards of this Bylaw R.M. of Baildon No. 131 Zoning Bylaw Issue a notice of refusal to the applicant stating the reasons for the refusal, referencing the specific discretionary use criteria the application did not meet All applicants shall be provided the effective date of the decision and information on their right of appeal.  . Conditions may be specified by Council in its approval for a discretionary use in addition to the applicable development standards set out in this Bylaw If the proposed development is not listed as a Permitted or Discretionary Use, it is considered a prohibited use. A new development permit approval is required when: The approved use ceases and is replaced by another The approved use ceases for a 12 month period The development or use is not started within 12 months The intensify of use increases Council is deemed to have granted discretionary approval to a use, or specific intensity of use, that becomes discretionary on a site as a result of the adoption or amendment of this Bylaw, as of the date that this Bylaw or amendment comes into effect. Where a decision is not made upon an application within 60 days of submission to the Administrator, the application is deemed refused and may be appealed. The period for a decision may be extended by mutual agreement between Council and the applicant. R.M. of Baildon No. 131 Zoning Bylaw Where a person wishes to vary the development from the application as approved, with or without conditions, the person must submit a new application and obtain a new development permit providing for the variation, before the variation is made. A development permit is valid for twelve months unless otherwise stipulated when the permit is issued. A development permit may be cancelled where the Development officer or Council is satisfied that a permit was issued based on false or mistaken information, where new information regarding environmental protection, flood or hazardous land is identified and when a developer requests a development permit modification. Temporary Development Permits Temporary Development permits may be issued with specified conditions for a specified period of time to accommodate development incidental to approved construction, temporary accommodation, or temporary gravel operations or asphalt plants unless otherwise exempt under Section 3.7 of this Bylaw. The restoration and clean-up of the site may be a condition attached to a permit. Where any provision of this Bylaw appears unclear, Council shall make the final Bylaw interpretation. Building Permits, Licenses, and Compliance with Other Bylaws Nothing in this Bylaw shall exempt any person from: complying with a Building Bylaw or any other Bylaw in force within the Municipality; or from obtaining any permission required by this or any other Bylaw of the Municipality, the province or the federal government. A building permit, where required, shall not be issued for a development unless a required development permit has been issued. A building permit issued before a development permit is not valid until the required development permit has been issued. R.M. of Baildon No. 131 Zoning Bylaw Where applicable, the Development Officer may apply other bylaws as conditions to a development permit. The RM of Baildon has a Development Appeals Board. 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. The Development Appeals Board has the authority to hear an appeal based on: The approval of development permit where it is alleged the Development Officer misapplied the zoning bylaw in approving the proposal The refusal of the Development Officer to issue a development permit because the proposal contravenes the zoning bylaw Council's approval of a discretionary use with development standards or conditions (only the conditions or standards may be appealed) An order to repair or correct contraventions under a Nuisance Bylaw, Property Maintenance Bylaw and/or Zoning Bylaw adopted under The Municipalities Act (Sections 364 and 365 ) or The Planning and Development Act, 2007 (Section 242) The Development Appeals Board does not have the authority to hear an appeal based on: A discretionary use application is refused Council refuses to amend a zoning bylaw or rezone land A decision concerns a subdivision application Anyone starting an appeal must send written notice of appeal to the Secretary of the Development Appeals Board within: 30 days of a Development Officer's decision being issued; R.M. of Baildon No. 131 Zoning Bylaw 30 days of the failure of a Council to make a decision; 30 days of receiving a permit with terms and conditions; or 15 days if appealed under The Municipalities Act, or 30 days under The Planning and Development Act, 2007, of an order being served to repair or correct contraventions. The Board must hold a public hearing on the appeal within 30 days of receiving a notice of appeal. At least ten days before the hearing, the Board must notify affected parties about the hearing. The notice must be served by personal service, ordinary mail or registered mail. In making an appeal to the Development Appeals Board, and hearing such appeal, the provisions of The Planning and Development Act, 2007 shall apply. Development Not Requiring a Permit The following developments are exempt from obtaining a development permit provided they meet the requirements of this Zoning Bylaw: a. Agricultural District: The planting, management and harvesting of field crops and gardens The management of pastures for the raising of livestock -excluding Keeping of animals on farmsteads Accessory uses and buildings required for the carrying out of agricultural uses (including sheds, barns, grain bins/ grain storage buildings and Quonsets). Accessory uses and buildings related to a residential use will require a permit. Parking of private or agricultural vehicles on private lands R.M. of Baildon No. 131 Zoning Bylaw Accessory buildings which are less than 10m² in area that do not contain any habitable rooms and are smaller in area than the principle residence. Including but not limited to sheds and storage buildings. Accessory buildings shall adhere to the minimum setback requirements in the applicable sections of this Bylaw. The repair and maintenance of existing buildings that does not include structural alterations, additions or major works or renovation. Sidewalks, steps, patios and decks. Landscaping on private lands: provided the drainage pattern of the site and adjacent sites are not negatively impacted including any surrounding Installation and repair of public utilities, except solid and liquid waste disposal facilities Development and expansion of municipal facilities, buildings and uses that are operated and used by the RM of Baildon No. 131. Signs, subject to Section 4.6. Keeping of domestic pets Amending the Zoning Bylaw Any person who seeks to amend this Zoning Bylaw must submit an application for amendment to the Development Officer who shall review and then refer the application to Council for consideration. The amendment application is subject to fees as set out in the Municipal Fee Bylaw. 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 (ie. provincial departments, interested stakeholders, etc). R.M. of Baildon No. 131 Zoning Bylaw The process for public notification and public participation during the Bylaw adoption process shall be as per the regulations of The Planning and Development Act, 2007. Premature rezoning of land for development shall not be practiced. Council shall consider Zoning Bylaw amendments to accommodate proposals, only when specific development proposals, subdivision applications, servicing agreement and other information, as the case may be, have been presented to and reviewed by Council. Servicing Agreements and Development Levies Council may require a subdivision applicant to enter into a Servicing Agreement or development permit applicant to enter into a Development Levy Agreement to ensure conformity with the Official Community Plan and Zoning Bylaw and to ensure adequate funding for on-site and off-site infrastructure development as allowed for in The Planning and Development Act, 2007. Council may require the applicant to post and maintain a performance bond, irrevocable letter of credit or similar legal mechanism to ensure performance and to protect the public interest. Council may require the applicant to provide and maintain liability insurance to protect the applicant, municipality and the public. Council will ensure there is adequate municipal infrastructure and other public facilities prior to entering into the Agreement with the applicant, which may include sewage disposal, garbage disposal, availability and adequacy of source of water, recreational facilities, etc. To protect the municipal and public interests, Council may require that development and servicing agreements may be caveated on subject lands. 3.10 Fees and Advertising a. The fees related to the Zoning Bylaw and Official Community Plan shall be set out in the Municipal Fees Bylaw. All advertising shall be as per the requirements of The Planning and Development Act, 2007. R.M. of Baildon No. 131 Zoning Bylaw 3.11 Offences and Penalties a. 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 Official Community Plan. 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. 3.12 Minor Variance Council may vary the requirements of this Zoning Bylaw for the: Minimum required distance of a building from the lot line Minimum required distance of a building to any other building on the The maximum amount of variance given by Council shall not exceed 10% from the requirements established in this Zoning Bylaw. The development must conform to the land use requirements established in this Zoning Bylaw and shall not affect neighbouring properties. The Development Officer shall refer the development permit application for the minor variance to Council. Council shall approve, approve with conditions or refuse the minor variance. If the application is refused by Council, the Development Officer shall provide written notice to the applicant and provide reason for the refusal. If the application is approved by Council, 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 contain a summary of the application and reasons for Council's approval as well as the effective date of the decision. The assessed property owners may lodge a written objection to Council or the Development Officer within 20 days after the receipt of the notice. If an objection is lodged, the approval is deemed to be revoked and the Development Officer shall notify the development permit applicant, in writing, of the revocation of the approval R.M. of Baildon No. 131 Zoning Bylaw and the applicant's right to appeal the revocation to the Development Appeals Board within 30 days after receiving the notice. If an application for a minor variance is refused, the applicant may appeal the refusal to the District Development Appeals Board within 30 days of that decision R.M. of Baildon No. 131 Zoning Bylaw R.M. of Baildon No. 131 Zoning Bylaw General Regulations The following regulations shall apply to all lands within the Rural Municipality of Baildon No. 131: 4.1 Environmental Management and Hazard Lands The Natural Environment Policies in Section 8.2 of the Official Community Plan shall be applied to all development on hazard lands. If a proposed development has the potential to inhibit neighboring uses or natural systems it shall be prohibited. Where a portion of land contains a water body or course, the appropriate setback distances shall apply as per Section 4.20 of this Bylaw. No person shall backfill, grade, deposit earth or other material, excavate, or store goods or materials on lands that are hazardous nor plant any vegetation parallel to the water flow. Flood proofing techniques, at Council's discretion, may be required. Number of Residences on a Parcel Only one residence shall be allowed on a titled area unless: a multiple dwelling unit or communal dwelling is allowed in accordance with this Bylaw a site is zoned agricultural (a maximum of two residences per titled site is allowed in the agricultural district on a site of (16.20 hectares) 40 acres or more). Additional dwellings to accommodate full-time or part-time workers engaged in the conduct of the agricultural operation may be permitted at council's discretion. Dwellings accessory to non-agricultural uses may be permitted at council's discretion in the Agricultural District. In the Commercial District, one accessory dwelling per titled site that is less than 40 acres may be allowed at Council's R.M. of Baildon No. 131 Zoning Bylaw A development permit application for an additional residence will not be approved unless the additional residence is designed, sited, constructed, and finished in a manner that is visually compatible and harmonious with the character of the surrounding residential developments. One Principal Building or Use Only one principal building or use per site shall be permitted on any one site excluding: agricultural and commercial uses, communal dwellings (i.e. Hutterite Colony where allowed in this Bylaw) parks, schools, hospitals, recreation facilities, public utilities, mineral and resource developments, gravel operations and approved dwelling groups. Two permitted on one titled lot of at least (16.20 hectares) 40 acres or more in the Agricultural District, as per Section 4.2. Council may, at its discretion, issue a development permit for additional principal uses or buildings in the Commercial District. Mobile and Modular Homes A mobile or modular home is considered a residence for the purpose of this bylaw. All residences, including mobile and modular homes, shall be attached to a permanent foundation and/or piles or securely anchored to the ground and skirted prior to occupancy. Every mobile home shall bear CSAZ240 certification (or replacement thereof) and every modular home shall bear CSA A277 certification (or replacement thereof). Mobile and/or modular homes for non-residential purposes may be considered at Council's discretion. Non-conforming Uses, Sites and Buildings The adoption or amendment of this Bylaw does not affect non-conforming buildings, non-conforming uses or non-conforming sites. 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 12 consecutive months. R.M. of Baildon No. 131 Zoning Bylaw Non-conforming buildings or sites may continue to be used, maintained and repaired in their present form. Any lands which do not conform to the site requirements as set out in this Bylaw shall be deemed to be conforming with regards to site size, provided that a registered title for the site existing prior to the coming into force of this Bylaw. Signs and Billboards Unless specified elsewhere in this Bylaw the following regulations shall apply: a. Signs located in a Highway Sign Corridor shall be regulated entirely by the requirements of "The Erection of Signs Adjacent to Provincial Highway Regulations, 1986" or amendments thereto, and do not require a development permit from the RM of Baildon. Signs other than those located in a Highway Sign Corridor shall comply with the following: i. The following signs are allowed: 1. A sign that advertises agricultural commercial uses, home based businesses, the principal use of a site, or the principal products offered for sale on the site Signs with no advertising, including government signs, memorial signs, directional signs, traffic control, no trespassing, hunting restrictions, farmyard identification signs and similar signs Temporary signs and real estate signs, which shall be promptly removed after they are no longer needed and shall have a facial area of not more than one (1) square meter A maximum of one advertising sign is permitted on a titled area. Additional signs may be permitted at Council's discretion where identified as a discretionary use in this Bylaw. Billboard and other off-site advertising signs are prohibited All private signs shall be located so that no part of the sign is over a public right of way. R.M. of Baildon No. 131 Zoning Bylaw The maximum facial area of a sign shall be 4' x 8' (32 sq. ft.) and a sample of the sign artwork may be required to be submitted for review prior to installation. viii. A development permit is required for signs larger than 3 sq. meters (32 sq. ft) where permitted in this Bylaw. All signs may be double faced. Signs that are in disrepair shall be properly maintained or removed at the discretion of the Municipality. All signs shall conform to the amenities of the neighborhood. Signs shall not be located where they may interfere with, distract from, or obstruct the view of a pedestrian way, vehicular right of way or railway crossing. No sign shall be illuminated unless the source of light is steady and suitably shielded. Flashing and/or animated sign shall be prohibited. The maximum height of any free-standing sign shall be 6 meters, as measured from grade level to top-of-sign. Storage of Vehicles Notwithstanding anything contained in this Bylaw, no site shall be used for the parking or outside storage of junked vehicles, which includes any automobile, tractor, truck, trailer or other vehicle that has no valid license plate or is in a rusted, wrecked, partly wrecked, dismantled, partly dismantled, inoperative or in an abandoned condition except that not more than three may be stored in the Country Residential District and not more than ten shall be stored in the Agricultural and Highway Commercial District. Section 4.7 a. shall not apply to lands that have received a development permit for a salvage yard or similar type development. All stored vehicles shall be kept in a neat and tidy manner. The RM may require that the vehicles be screened from roadways or neighbouring properties with landscaping, fence, a combination of both or that they be stored in a building. R.M. of Baildon No. 131 Zoning Bylaw The use of an abandoned vehicle, or unlicensed vehicle or truck trailer unit for the purpose of a sign is prohibited. Salvage Yards, Auto Repair Shops and Body Shops and Similar Uses No vehicles shall be located in the front yard. Salvage yards and other similar uses will be required to be hidden from the view of the travelling public including public roads or highways and from adjacent residential development. Screening may be required and can include natural or planted vegetation, fencing, building or any other methods that Council approves. Gas or Service Stations Gas or service stations, including underground storage tanks and program and natural gas pumps setbacks, shall be in accordance with The Fire Protection Act and Provincial Regulations. Gas pumps and/or islands shall be set back 6 meters (20 ft) from any site Ease of access and egress for the flow and safety of travelling public is Parking requirements shall apply. 4.10 Sea and Rail Containers a. Sea and rail containers are prohibited in the Hamlet District and are only allowed as an accessory use on titled areas greater than or equal to 10 acres. The Municipality may require screening with landscaping or 4.11 Public Utilities, Pipelines, and Facilities of the Municipality a. Where a pipeline, other utility or transportation facility, crosses a municipal road Council may apply special design standards as considered necessary to protect the municipal interest in the road, including but not limited to requiring the pipeline to be punched under the road. R.M. of Baildon No. 131 Zoning Bylaw Unless otherwise stipulated, the regulations of this Bylaw shall not apply to maintenance operations for linear public utilities, except solid and liquid waste disposal sites and wind energy, (such as sewers, water mains, power cables, pipelines, railroad tracks) required in connection with any lawful use of buildings or land. 4.12 Waste Disposal Facilities 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 upon issuing a permit: i. a buffer strip containing trees, shrubs or a berm shall be located surrounding a lagoon or sanitary landfill disposal area a lagoon or sanitary landfill disposal area shall be located outside the 1:500 flood hazard area any solid or liquid waste disposal facility shall be fenced to provincial standards Criteria for approving a lagoon or sanitary landfill disposal area: i. 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. any necessary mitigation measures will be specified as conditions of the permit approval 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 sanitary landfills and lagoons shall not be located on hazard lands as defined by this bylaw. 4.13 Home Based Businesses A home based businesses shall be a secondary use on the property. The agricultural use or residential use shall be established on the property prior to the establishment of the home based business. R.M. of Baildon No. 131 Zoning Bylaw A home based businesses shall cause no variation in the residential or agricultural character or the appearance of the residence, accessory residential building, or land, except for permitted signs. All permits issued for a home based business shall be subject to the condition that the permit may be revoked at any time if, in the opinion of the Council, the conditions under which the permit was originally issued are no longer met. Where a permit is revoked the use shall cease immediately. A Kennel shall not be located within or adjacent to a multi-parcel residential subdivision or closer than 304.8 m (1,000.0 ft) from the boundary of an adjacent property line. Exceptions may be made when a highway, arterial road or secondary road bisects the 304.8 m (1,000.0 ft) separation distance. All facilities shall meet provincial regulations, when necessary. No facility or exterior exercise area used to accommodate the animals shall be located within 25.0 m (82.0 ft) of any property line of the parcel on which the facility is to be sited; All exterior exercise areas (runs) shall be enclosed with a fence with a minimum height of 1.8 m (6.0 ft); All facilities, including buildings and exterior exercise areas, shall be required to be sited behind the residence, unless stated otherwise by Council. All facilities shall be visually screened from existing dwellings on adjoining parcels. 4.15 Bed-and-Breakfast and Vacation Farm Operations A bed and breakfast or vacation farm operation shall be a secondary use on the property. The agricultural use or residential use shall be established on the property prior to the establishment of the operation. The operation may include rooms, cabins, and overnight camping areas. R.M. of Baildon No. 131 Zoning Bylaw The maximum number of rooms, cabins or overnight camping areas permitted will be specified as a condition of the development permit. On-site signs will be permitted in accordance with Section 4.6. All operations shall be licensed pursuant to The Public Health Act, where tourist accommodations require health approval and obtaining this license will be a condition of approval. Bed-and-breakfast operations shall be located in a residence used as the operator's principal residence, or located in a dwelling accessory to and established on the same site as the operator's principal residence. 4.16 Campgrounds The operator of a campground shall provide the Development Officer with a plan of the development, identifying: i. changes to the land, grading/drainage, stormwater management location of garbage collection location of washroom facilities and utilities emergency evacuation plan location of all roadways viii. campsites with dimensions. The addition or rearrangement of sites, 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 incorporating the changes. There shall be a buffer area abutting the boundary of not less than 4.5 m, which shall contain no buildings and shall be left in its natural state R.M. of Baildon No. 131 Zoning Bylaw No portion of any campsite shall be located within a roadway or required buffer area. Each campsite shall have direct and convenient access to the internal developed roadway. The space provided for roadways within a campground shall be at least 7.5 m in width. The development may include uses such as laundry facilities or a confectionery designed to meet the needs of the occupants of the campsites, and one residence for the accommodation of the operator. All provincial regulations, including The Public Health Act, shall be complied with in respect to all operations and development of the camping facility. All campgrounds shall be properly serviced. Council may apply specific requirements for water and sewer. 4.17 Dwelling Groups a. Access to sites shall be from a road internal to the dwelling group parcel No dwelling shall be closer than 6 m to any other dwelling All buildings on a dwelling group parcel shall maintain the required yards to the property lines of the parcel provided for the District and the required set back to the centre line of a road. Every development shall have convenient, physical and legal access to a public highway, municipal grid road or main farm access or road or any road to be developed under an agreement that is developed to a standard that, in the opinion of Council, is suitable for the proposed development. For the purposes of Bylaw "developed road" shall mean an existing paved or graded all-weather road on a registered right of way, or a road for which arrangements 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 R.M. of Baildon No. 131 Zoning Bylaw Approaches and road crossings require approval from Council; the approval is issued through a separate permit process than from this Bylaw. A site to be created by subdivision shall not be permitted unless the proposed parcels and the remainder of the parcel being subdivided abuts, or has frontage on a registered developed road, including any road to be developed under a signed servicing agreement. All lots within a subdivision may be required to have access from an internal subdivision road. The number of accesses from the municipal road will be limited to provide for the safety of the travelling public. Where, in the opinion of Council, a developed road would be prohibitively expensive for the Municipality to construct or maintain, Council shall not be required to recommend subdivision approval, or to issue a Development Permit, unless the proponent agrees to pay to the Municipality the full cost, or such portion of the cost as Council may determine, for the construction and maintenance of such street, in according with the Municipalities Act. Developed roads shall be to a standard approved by Council. The minimum setback of buildings, including a residence, structure or objects, from the centreline of a developed road, municipal road allowance, or provincial highway shall be 46 m (150 ft). The minimum setback of buildings, including a residence, structure or objects from the intersection of the center lines of two or more municipal road right-of-ways shall be 91.4 m (300 ft). Trees, shrubs, stone piles, portable structures, machinery, corrals, fences or other objects, such as wells, dugouts, or reservoirs on private property shall also adhere to the regulations in 4.20 i. and ii. and 5.4(e)(ii). Fences which are 4 feet in height or less may be allowed up to the edge of the road right of way. R.M. of Baildon No. 131 Zoning Bylaw No residence shall be located with less than a minimum separation distance to an operation, other than the residence of the operation, as follows: Separation Distance Animal Testing Facilities 305 meters (1000ft) Pregnant Mare Urine Operations 305 meters (1000ft) Livestock Assembly and Brokerage Yards 305 meters (1000ft) 305 meters (1000ft) Anhydrous Ammonia facilities 305 meters (1000ft) Bulk Petroleum Storage Facilities 305 meters (1000ft) Sand and Gravel Pits 305 meters (1000ft) Drive-in Theatres 305 meters (1000ft) Private Airstrips 305 meters (1000ft) Outdoor Gun Clubs and Shooting Ranges 305 meters (1000ft) Licensed Public or Private Liquid Waste Disposal Facility 305 meters (1000ft) Licensed public or Private Solid Waste Disposal Facility 457 meters (1500 ft) Honey Processing Facility 305 meters (1000ft) Non-refrigerated licensed by the Province of Saskatchewan 305 meters (1000ft) Refrigerated Anhydrous Ammonia Facility licensed by the Province of Saskatchewan 600 meters (1970 ft.) The minimum setback of any residence or building from any or watercourse within the RM shall be 45.7 meters (150 ft.) unless specified otherwise by Council. The minimum setback for buildings or other objects on private property from an internal subdivision road shall be 7.6 m (25 ft) 4.21 Outdoor Storage a. The outdoor storage or display of materials or equipment shall be kept in a tidy a neat manner. 4.22 Accessory Uses a. The peace, order and character of adjacent land uses shall not be disturbed by dust, noise, odour, smoke, traffic or similar nuisances generated by any accessory use. R.M. of Baildon No. 131 Zoning Bylaw Accessory uses/buildings will not include secondary suites or granny No fence (including snow fences) may obstruct the view or site lines from public roads or accesses. The maximum height shall be 6 ft. or else at the discretion of Council. 4.24 Grading and Leveling of Sites a. To provide adequate surface drainage that does not negatively impact adjacent properties, grading and leveling of sites may be required at the owner's and/or developer's expense. 4.25 Parking a. Council may require that adequate space be left for parking for developments which are intended for the purpose of accommodating vehicles of clients, customers, employees, members, residents or visitors in connection with the principal building or use. The requirement may be attached as a condition to the development permit. No development or use of land shall be permitted where the proposal will adversely affect domestic and municipal water supplies, or where a suitable, potable water supply cannot be furnished to meet provincial requirements. 4.27 Storage of Chemicals, Fertilizers and Combustible Materials a. The storage of chemicals, fertilizers and combustible materials are subject to the requirements of both the federal and provincial governments. All necessary approvals from other regulatory agencies must be obtained prior to issuance of a development permit. Council may deny the proposed storage of a hazardous good if the proposed use has the potential to cause a detrimental effect on the surrounding uses. R.M. of Baildon No. 131 Zoning Bylaw 4.28 Waste Disposal a. No development or use of land which requires sewage disposal or landfill facilities shall be permitted unless those facilities are approved by the Regional Health Authority and/or Saskatchewan Environment. Disposal of liquid, solid or gaseous waste shall be governed by provincial 4.29 Wind Energy Systems Where a number of Wind Energy Systems are proposed to operate in close proximity to each other as a Wind Farm and the electrical power that is generated will be sold to a Public or private utility, the proposed development shall be deemed a Discretionary Use in the Agricultural District. All roads and accesses required to facilitate the development shall be proposed by the developer as part of the development permit application. As a condition of development the Developer shall enter into an agreement with the municipality to ensure all roads and accesses are constructed to municipal standards The developer may be required to enter into a road maintenance agreement, in accordance with the regulations of The Municipalities Act. Site Suitability: i. The minimum site size for the allowance of any wind energy system shall be - no minimum. ii. All wind energy systems and towers shall be enclosed within a locked protective fencing of a minimum height of 1.85 metres (6.0 feet). Wind Turbines and Roads do not require fencing. iii. Environmental concerns are addressed provincially and federally through environmental assessment. Copies of environmental documents will be shared with the Council upon issuance of the certificate, license or permit by the appropriate authorities. R.M. of Baildon No. 131 Zoning Bylaw Setback distances: i. Occupied residences to Wind Energy System – No Wind Energy System shall be located within five hundred and fifty (550) meters (1804 ft.), unless otherwise agreed to by the affected landowner, developer and the Council through variance procedures. ii. Road allowance to Wind Energy System – No Wind Energy System shall be within the greater of 150 feet (45.72 m) or the length of the wind turbine blade plus ten (10) meters (3 ft) from any road. No Wind Energy System shall be within three hundred (300) feet (91 meters) of an intersection. iii. Property line of non-participating landowner to wind turbine – No wind turbine shall be within the length of the wind turbine blade plus (10) meters (3 ft.) of any non- participating property line, unless otherwise agreed to by the affected landowner, developer and the Council through variance procedures. iv. Existing Wind Energy System to Wind Energy System – No Wind Energy System shall be located within five hundred (500) meters (1640 ft) of any existing wind turbine unless the existing wind turbine is owned by the same person or unless the owner of the Energy System provides written consent. Maximum noise levels: Sound levels shall not exceed 45 dbA measured at a distance of 30 meters (98.42 ft.) from an existing residential exterior wall. Residential Wind Energy Systems: For residential applications, wind energy components and towers under 30 meters (98.42 ft.) in height including maximum blade height shall be exempt from Wind Energy System Regulations and considered as an Accessory Use. 4.30 Telecommunication Towers a. All towers may be required to be enclosed within a locked protective chain link fence. Council may consult with external agencies prior to issuing a permit. R.M. of Baildon No. 131 Zoning Bylaw Towers shall not display advertising, unless required by Transport Canada and excluding the manufacturer's logo. Where applicable, towers shall be erected in rear yards only. Setbacks from the centerline of a municipal road allowance shall be equal to the distance of the height of the tower plus 10 meters or at Council's 4.31 Equestrian Facilities a. The applicant will be required to specify if the facility will be open to the public. Council will take this into consideration when making a decision on the application. Council may set the maximum number of animals that may be kept on site. Council may set conditions regarding parking, pasture management, manure and garbage control. Storm water management and/or drainage plans undertaken by a professional may be required, at the developer's expense, prior to issuing a development permit. A traffic impact analysis may be required prior to issuing a development permit. A contribution towards road upgrades, if required, may be attached as a condition to the permit. 4.32 Domestic Game Farms a. Game farms that involve the discharging of firearms shall be located a minimum of 2 km (1.24 miles) from any residential building. Shall be ancillary to an established farm operation or rural residence. Shall comply with all federal and provincial regulations and legislation. Council may apply special standards as a condition to the development permit limiting the size of the operation, buildings used for the operation, or any other measure deemed necessary. R.M. of Baildon No. 131 Zoning Bylaw 4.33 Conservation and Development Areas a. Future subdivisions and/or developments surrounding the conservation and development areas within the RM shall not have an adverse effect on the drainage system and ditches. Council may application to the appropriate agency (ies) and may require the developer to provide professional reports/documentation that confirms that the drainage pattern and ditches will not be affected. 4.34 Museums and/or Historical Developments a. At Council's discretion, site sizes, frontage and setbacks may be relaxed for subdivisions or developments relating to museums or any other historical development. Consultations with provincial agencies may be required prior to granting a R.M. of Baildon No. 131 Zoning Bylaw Zoning Districts For the purpose of applying this Bylaw, the Municipality is divided into Zoning Districts. All parts of the Municipality shall be designated as A - Agricultural except those areas specifically designated on the detailed Zoning District Maps as another District, attached to and forming part of this bylaw. The boundaries of all Zoning Districts are shown on the map entitled, "Zoning District Map" which is attached to, and forms a part of this Bylaw. Unless otherwise shown on the Map, the boundaries of the Districts are site lines, centre streets, lanes, roads or such lines extended, and the boundaries of the Municipality. Unless otherwise shown on a Zoning Amendment Map, the Zoning District boundary, coincident with a parcel boundary, moves with a minor adjustment to that boundary. Regulations for the Zoning Districts are outlined in the following Agricultural District Highway Commercial District 15 Wing Overlay District R.M. of Baildon No. 131 Zoning Bylaw R.M. of Baildon No. 131 Zoning Bylaw Agricultural District (AG) The purpose of the Agricultural District is to provide for and preserve the primary use of land in the form of agricultural development and associated agricultural uses. Other uses compatible with agricultural development are also provided for as well as location dependent natural resource development. 6.1 Permitted Uses that require development permit approval: Residential Uses Residence (one additional residence is permitted only on titled sites that are 40 acres (16.20 hectares)) or more. Accessory buildings greater than 10 square meters related to a residence (including but not limited to garages, sheds, etc.) Resource based uses: Petroleum exploration, extraction wells and related facilities Petroleum pipelines and related facilities Mineral mines or extraction facilities Accessory uses or buildings related to the resource Agricultural Uses Intensive Agricultural Operations limited to: market gardens, orchards and fruit market, horticultural and sod farms including nurseries, kennels, aviaries (birds) and apiaries (bees), the sale of produce obtained from the pursuit of the listed uses and other similar uses determined by Council. Facilities for the direct sale of field crops Telecommunication towers R.M. of Baildon No. 131 Zoning Bylaw Discretionary Uses The following uses will be permitted at Council's discretion: Agricultural Uses New or expanding Intensive Livestock Operation (ILO) Livestock related facilities, limited to: livestock assembly and brokerage yards, auction facilities, abbatoirs, other similar uses. Equipment Uses, limited to: farm implement/machinery servicing and repair, welding shops, salvage yards, equipment storage and rental, other similar uses. Agro-Chemical Uses, limited to: fertilizer processing and storage, bulk petroleum storage, grain and seed storage, drying and cleaning, other similar uses, including sales Agricultural related Manufacturing and Processing, including storage and sales and other commercial agricultural operations, grain elevators and other similar uses. Agricultural service and contracting establishments General Commercial Uses, limited to: retail stores, service/gas stations, financial institutions, business/professional offices, beauty parlours and barber shops, commercial uses related to the mineral and resource sector Residential Uses Residences (More than two residences on one titled site to accommodate full-time or part-time workers engaged in the conduct of the agricultural operation). Bed and breakfast Recreational commercial uses (sports arenas or fields, parks and playgrounds, fair and rodeo grounds, animal race tracks, gun clubs, shooting ranges, museums, hockey or curling rinks, drive in theatres, golf courses, tourist campgrounds, or similar type uses) R.M. of Baildon No. 131 Zoning Bylaw Places of worship, cemeteries, and non-residential schools Radio, television and microwave towers Public parks and public recreational facilities Historical sites, archaeological sites, wildlife and conservation management areas Institutional camps or lodges Sand, Gravel and Crushing Operations including accessory uses and Dwellings accessory to Non-Agricultural Uses Accessory uses and buildings related to the above listed uses Signs (more than one per titled lot and/or greater than 3 sq. meters (32 Private Airstrips Wind Energy Systems Equestrian Facilities Communal Dwellings Keeping of animals on sites other than a farmstead The subdivision of any land within the Agricultural District is subject to the policies contained in the Official Community Plan. R.M. of Baildon No. 131 Zoning Bylaw Two subdivisions will be allowed per quarter section (3 separate titles per quarter section in total) before requiring rezoning to the Country Residential District. Additional sites may be considered where the site to be added is physically separated from the remainder of the parcel by a registered road plan or by a railway on registered right of way, and the separated site has direct access to a developed road Minimum site frontage for Sand and Gravel Operations shall be 45.7 meters (150 feet) Minimum site frontage shall be 20 m for all other parcels Exemptions from minimum frontage may be considered by Council for resource based uses and community uses. Agricultural Commercial and Intensive Agricultural Uses – Minimum 0.4 hectare (1 acre) Resource Activity: no minimum Residential: Minimum 1 hectare (2.54 acres) to a maximum of 4 hectares (10 acres). Exemptions from minimum and maximum area requirements may be considered by Council for the following: public and/or municipal facilities or uses, recreation and heritage uses, wildlife habitats, conservation and development areas, community uses and existing physical circumstances. The maximum site area may be a greater area depending on existing physical circumstances i.e. limitations or demarcations such as shelterbelt, topographical restraints or irregular(cutoff) shaped parcels caused by road cut-offs, railways or other similar features. R.M. of Baildon No. 131 Zoning Bylaw Setback Requirements Setbacks shall be as per Section 4.20 in this Bylaw. Resource Based Uses To provide appropriate access/egress, sewage, water, stormwater and/or drainage works the construction of or upgrades to municipal infrastructure may be required at the developer's expense. Land use incompatibility, nuisance and pollution including odour and dust shall be minimized by considering appropriate routes, buffers, Signage, fencing, lighting restrictions or other safety measures may be required at the developer's expense. The developer may be required to submit to the RM a copy of the proposed reclamation or rehabilitation plan. Council shall manage and review development, subdivision activities and proposal and apply development standards and requirements in consultation, coordination and cooperation with the appropriate Provincial agencies and other professionals/consultants as determined by Council. The developer may be required to provide Council sufficient information, plans, reports, Federal and Provincial approvals and related information to enable Council to thoroughly review and manage the proposed development in compliance with this Bylaw. Site inspections may be involved by Council or other agencies when development and subdivision proposals on environmentally sensitive lands take place. Criteria for Discretionary Use Applications Council shall use the following criteria in making a decision on a discretionary use development permit application: A site plan and supporting documentation must be supplied to Council prior to making a decision on a discretionary use application. R.M. of Baildon No. 131 Zoning Bylaw The proposed development shall be located on a parcel conforming to all requirements of this zoning bylaw, including site size, frontage, setbacks and access. No new or expanded discretionary uses shall be located in the 1:500 flood elevations or on hazard lands without appropriate studies completed by qualified professionals with accompanying mitigating measures. The proposed discretionary use shall not negatively change the character of the immediate area or the use and enjoyment of adjacent lands for their existing use. Commercial Uses, including Commercial Agricultural Developments: Any proposed commercial development is encouraged to locate in close proximity to Highway 2. Any unsightly outdoor storage of machinery, vehicles, or materials including any salvage or vehicle storage yard shall be adequately screened from the public's view. A road of a standard that meets the demands of the operation shall provide access to the site. If required, the operator will enter into a heavy haul agreement with the RM. In the application for an intensive operation, the applicant shall identify the proposed supply of water for the operation where intensive irrigation is required, showing that the supply shall be sufficient to meet the needs of that operation without adverse effects on the supply of water used by neighbouring properties. A license or proof of application may be required. Home Based Businesses: i. Any increase in the operation as applied for or approved shall require a new discretionary use approval Bed-and-breakfast and Vacation Farms: The proposed structures are suitable and comfortable for the proposed development R.M. of Baildon No. 131 Zoning Bylaw There shall be a water source suitable for public consumption at the facility There shall be suitable utilities and sewage disposal system for the There shall be appropriate levels of access to the site and off-street or road parking for the users of the facility The development shall not be in conflict with adjacent uses or uses currently on site. Each site shall have access from an interior roadway A water source for public consumption shall be available on site Suitable utilities, sewage disposal systems and facilities shall be available on site The development shall not conflict with adjacent uses or uses currently on site An emergency services plan shall been discussed and agreed to by the service providers and the applicant Other requirements of this bylaw specific to the proposed use are met. Development permit applications for workcamps shall contain the following information, to the satisfaction of Council: The location, type and purpose of the camp which shall include a site plan specifying the number of buildings and Method of supplying water, sewage and waste disposal facilities, which must comply with provincial regulations. The number of persons proposed to live in the camp. R.M. of Baildon No. 131 Zoning Bylaw The start date of construction, the date of occupancy and the Reclamation measures once the camp is no longer needed. The developer is to maintain any existing natural buffers (trees, natural topography, etc.), where possible. The workcamp shall be contained within the commercial use or resource based use site. The developer shall provide Council with information regarding the necessity of the workcamp in attracting and attaining skilled workers for the operation of the commercial use. The site shall be adjacent to an all-weather road to provide year round access to the site. There shall be sufficient separation distance between the buildings for fire emergency access. Gravel Pits and Gravel Crushing Operations All gravel operations shall meet provincial requirements and well as municipal requirements Land use incompatibility, nuisance and pollution shall be minimized by considering appropriate routes, buffers, screening, etc. All operations shall have efficient servicing, haul routes and have a high consideration for public safety Council will specify development conditions in conjunction with recommendations from provincial agencies and reports from modifications to application and location of operation; Council will specify conditions regarding cost recovery and cost- sharing of municipal road construction and maintenance expenses due to increased haulage by trucks carrying mineral resources. R.M. of Baildon No. 131 Zoning Bylaw The following standards shall apply to the development of sand and Slope instability shall not be increased Groundwater supplies shall not be depleted or adversely Turbidity and siltation of water courses and bodies shall not Adjacent land uses shall not be adversely affected. Wildlife habitats and historical and/or archaeological sites shall not be disturbed. Minimum excavation setbacks are as follows: 805 metres (0.5 miles) from any dwelling, 45.7 metres (150 feet) from the centre line of a Municipal 805 metres (0.5 miles) from any recreational or heritage lands which should not be disturbed 30 metres (100 feet) from any hazard lands viii. All gravel operations shall have direct access to a developed road. Applicants will be required to provide: a plan showing the location of the proposed area of operation, site boundaries, the depth of excavation and the quantity of topsoil to be removed; a description of the excavation, stripping or grading operation, which includes a decommissioning plan; a detailed timing and phasing of the project including the the proposed operation; a plan showing the final site conditions and post-development land use plan following the completion of the operation; a description of the measures to be taken for the prevention mitigation of dust, noise, public safety, erosion and R.M. of Baildon No. 131 Zoning Bylaw other effects to surrounding land uses and the public, during and after the operation; information that identifies the projected volumes 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. Council may require the developer to proceed with site reclamation concurrently with extraction activities, and in any event, site reclamation shall be completed to the satisfaction of Council within three (3) years of closure of the pit operation. Portions of the site which have been subject to extraction activities shall be restored to a natural contour and slope acceptable to Council. Topsoil shall be stockpiled and replaced. Council may require the developer to enter into an agreement which may be protected by caveat on the Title to the subject site. Council may require the developer to provide any assurance of performance that Council deems necessary or appropriate, to undertake actions or meet responsibilities specified in an agreement or to ensure site Intensive Livestock Operations (ILOs) The RM of Baildon will require the developer to apply for a municipal development permit. In order to manage the development of ILOs and surrounding land use interests, Council will consider applications for development of an ILO, including any rendering facility or abattoir. Location Separation Criteria In order to ensure ILO development occurs in acceptable locations, new ILO development proposed subsequent to the date of the adoption of this Bylaw or a proposed expansion of an (existing at the date of adoption of this Bylaw) Council will consider an approval in conjunction with the location separation criteria in this Section and in Table 1: R.M. of Baildon No. 131 Zoning Bylaw Maximum Separation Criteria for ILO to Specific Uses (in metres) Area authorized for a multi-parcel residential subdivision, urban municipality <100 population Urban municipality 100-500 population Urban municipality 501-5000 Urban municipality Distances are measured between livestock facilities and building/site development Distances do not apply to residences associated with the operation. Location Separation Criteria Reduction Council, at its discretion, may consider lesser separation distances than given in Table 1, subject to the following:  Where a lesser separation distance than described, in Table 1 will not negatively impact the specific use or surrounding development, Council may grant a reduction of the location separation criteria. Prior to granting a reduction, Council will consult with appropriate agencies.  The developer shall provide written notice, approved by Council, to the owners of all residences within the distance provided in Table 1, and to the hamlet board of a hamlet or Council of urban municipality within the specified distance R.M. of Baildon No. 131 Zoning Bylaw  Where the separation distances is significantly, in Council's opinion, less than the criteria of Table 1, Council will require the developer of a proposed ILO to enter into an agreement with the owner of a residence and/or the Municipality consenting to the proposed development up to a specified size, as a condition of the approval. Council will require that an interest protecting the parties to the agreement, be registered against the residence and the ILO parcel titles at the cost of the developer. Public consultation Council will advertise any proposal for an intensive livestock operation, 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 making a decision. All costs associated with advertising will be the responsibility of the 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 by the Council, at the cost of the developer. Council will make a decision on a proposed livestock operation within 45 days of receiving all information necessary to make a decision. If an extension is required, Council will notify the developer in writing, including reasons for the extension, and the length of the extension. Water Supply and Protection There shall be a water supply adequate for the proposed development and the development shall not contaminate any water supply source. Prior to approval, Council may:  Require the applicant to demonstrate that appropriate measures will be in place to minimize the risk of contamination of water sources R.M. of Baildon No. 131 Zoning Bylaw  Require the applicant to demonstrate 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. Additional Information 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 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. viii. Permit conditions As a condition of approval, Council shall specify the maximum number of animal units for which the approval is made to reduce the potential neighbouring uses. 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 1 Existing Livestock Operations ILOs existing at the time of the adoption of this Bylaw may continue, however if there is any expansion of the operation or change of animal species or type of operation the developer will be required to obtain Council in accordance with the requirements and conditions Development permits are required for any proposed: R.M. of Baildon No. 131 Zoning Bylaw Expansion of an existing ILO Any temporary facility or part of a site Change of animal species or type of operation Communal Dwellings All dwelling(s) are to be located on a parcel conforming to all requirements of the zoning bylaw, including area, setbacks/ frontage, and access. ii. New or expanded dwelling(s) shall comply with Section 4.1: Environmental Management and Hazard Lands regulations of this Zoning Bylaw. iii. Utilities, including sewage disposal system(s) must meet provincial standards. Keeping of animals on sites other than farmsteads i. At Council's discretion, animals may be kept on the site. Council may apply development standards to ensure that specified concerns are satisfied. Council shall have regard for on-site conditions, adjacent land use, setbacks and public health when determining requirements, and may regulate animals in a separate agreement. In rendering its discretionary decision, Council may direct that all residents within two (2) km of the site proposed for the keeping of animals be notified concerning the proposal by regular mail. Animals shall not be pastured within 15 m of any dwelling not owned by the operator of the pasture or owner of the animals and buildings or structures intended to contain birds or animals shall be located within 30 meters (100ft) of a property line. R.M. of Baildon No. 131 Zoning Bylaw The keeping of animals shall not cause excessive noise, odour, air pollution, water contamination, or any other impact that jeopardizes public safety and welfare. R.M. of Baildon No. 131 Zoning Bylaw R.M. of Baildon No. 131 Zoning Bylaw The objective of this district is to provide for urban density development of residential and associate commercial or industrial development which do not directly support agriculture. The Hamlets of Baildon, Crestwynd and Tilney will be zoned as Hamlet District. Prior to the issuance of a permit, sites may be required to be consolidated or acquire a parcel tie to comply with the regulations. 8.1 Permitted Uses that require development permit approval: Residence including duplex, multiple or apartment dwellings, rooming and or boarding houses Accessory uses and buildings greater than 10m² Commercial Uses, limited to: retail stores, grocery stores, restaurants, confectionaries, liquor stores and other places established for the sale and or consumption of food and related items. Discretionary Uses Commercial Uses, limited to: hotels/motels, service stations, financial institutions, business/professional offices, personal other similar uses. Institutional Uses, limited to: churches, religious institutions, cemeteries, lodges, cultural institutions, fraternal organizations. Recreational Uses, limited to: sports fields, parks and playgrounds, golf courses, hockey and curling rinks, museums, theatres, community halls, Industrial Uses: i. Agricultural equipment, motor vehicle, or recreational equipment dealers and service establishments Agricultural seed, fuel, and chemical supply establishments Agricultural product storage, transshipment, service and contracting establishments, excluding facilities for the handling of large animals R.M. of Baildon No. 131 Zoning Bylaw Construction trades Manufacturing or processing establishments Welding, machine shops, and metal fabricating. Residential Uses: Bed-and-breakfast Operation Home based businesses (appropriate for the site) Care facilities: Medical Centres, Care Homes, and Child Care Centers (subject to Provincial Regulations) Minimum site frontage shall be 15 m (50 ft) m for all parcels Exemptions from minimum frontage may be considered by Council for public utility uses and municipal facilities. Minimum site size shall be 462 sq. m (5000 sq. ft) Maximum site size shall be 4046 sq.m (43560 sq. ft.) Exemptions from area requirements may be considered by Council for public utility uses and municipal facilities. A subdivision shall not be permitted unless the proposed parcels and the remainder of the parcel being subdivided abuts, or has frontage on a registered developed road, including any road to be developed under a signed servicing agreement. R.M. of Baildon No. 131 Zoning Bylaw All lots within a subdivision shall be provided access from an internal subdivision road. The number of accesses from the municipal road and provincial highway will be limited to provide for the safety of the travelling public. Setback Requirements Shall comply with Section 4.20 of the Zoning Bylaw The minimum setback for all buildings from the property line shall be 3m (10 ft) The minimum setback for all buildings on private property from any side yard shall be a 1.5 m (5 ft) No portion of any building, including eves, shall be located within 0.9m (3 feet) of any site line. The minimum setback for all buildings on private property from any rear yard shall be a 1.5 m (5 ft) The minimum floor area for dwellings/residences shall be No residence shall be located with less than a minimum separation distance to an operation, other than the residence of the operation, as follows: The separation distance to an ILO 305 m from a licensed public or private liquid waste disposal 457 m from a licensed public or private solid waste disposal R.M. of Baildon No. 131 Zoning Bylaw 305 m from a honey processing facility. 305 m to a non-refrigerated anhydrous ammonia facility licensed by Province of Saskatchewan 600 m to a refrigerated anhydrous ammonia facility licensed by the Province of Saskatchewan no dwelling or other building shall be located within the approach surface for any functional airport or airstrip. Signs for commercial uses within the Hamlet District shall adhere to Section 4.6 of this Bylaw. All other uses in the Hamlet District shall be permitted to have (1) one sign per titled lot. No such sign shall have a facial area in excess of (1) square meter. Criteria for Discretionary Use Applications A site plan and supporting documentation must be supplied to Council prior to making a decision on a discretionary use application. The proposed development shall be located on a parcel conforming to all requirements of this zoning bylaw, including site size, frontage, setbacks and access. No new or expanded discretionary uses shall be located in the 1:500 flood elevations or on hazard lands without appropriate studies completed by qualified professionals with accompanying mitigating measures. The proposed discretionary use shall not negatively change the character of the immediate area or the use and enjoyment of adjacent lands for their existing use. Council will apply the criteria of the Official Community Plan when considering locations for commercial and industrial uses Home Based Businesses: R.M. of Baildon No. 131 Zoning Bylaw No home based business in this District shall include auto body repair or repainting operations No heavy construction or industrial equipment or supplies shall be stored on any site for a home based business in this District Council may apply special standards in the issuing a development permit limiting the size of operation, and buildings used for the operation. Any increase in the operation as applied for or approved shall require a new discretionary approval Bed-and-breakfast Operation the proposed structures are suitable and comfortable for the proposed development there is a water source suitable for public consumption at the there are suitable utilities and sewage disposal system for the there are appropriate levels of access to the site and off-street or road parking for the users of the facility the development will not be in conflict with adjacent uses or uses currently on site. Other requirements of this bylaw specific to the proposed use are met. R.M. of Baildon No. 131 Zoning Bylaw R.M. of Baildon No. 131 Zoning Bylaw HC – Highway Commercial District The objective of this district is to provide for commercial and industrial development uses within the RM where they would be appropriate. Preference will be given to developments and or subdivisions that are in close proximity to Highway 2. 9.1 Permitted Uses that require development permit approval: Commercial nurseries or greenhouses, including retail. Services stations with or without confectionary Motels and hotels Accessory buildings, greater than 10 m² Veterinary Hospitals and Veterinary Surgeons' Offices. Discretionary Uses Abattoirs, skinning and tanning facilities Agricultural product processing Outside Storage of materials visible from a Highway Storage unit facilities, structures and containers. R.M. of Baildon No. 131 Zoning Bylaw More than one principal building(s) or use(s) Services, contracting and supply establishments Propane Gas Sales Establishments Autobody and Vehicle Repair Shops Motor vehicle dealers and service establishments Sales of Building, Home and Garden Supplies One accessory residence or dwelling per titled site All subdivisions shall be serviced to meet municipal standards and provincial standards. Minimum site frontage shall be 45.72 m (150 ft.) for all Exemptions from minimum frontage may be considered by Council for public utility uses and municipal facilities. Minimum site size for hotels/motels shall be 1 hectare (2.5 Minimum site size for Campgrounds shall be 6 hectares Minimum site size for all other uses shall be .05 hectare (1 R.M. of Baildon No. 131 Zoning Bylaw Maximum site size shall be at the discretion of Council. Exemptions from minimum site size requirements may be considered by Council for public utility uses and municipal Setback Requirements Setbacks shall comply with Section 4.20 of this Bylaw.  The minimum setback for buildings on private property from any front yard line shall be 6m ( 19ft)  The minimum setback for buildings on private property from any side yard shall be a 6 m (19 ft).  The minimum setback for residences and commercial buildings on private property from any rear yard shall be a No more than two (2) signs shall be permitted on a site. No sign shall have a facial area in excess of 4.5 square meters. Criteria for Discretionary Use Applications All Discretionary Commercial Uses A site plan and supporting documentation must be supplied to Council prior to making a decision on a discretionary use application. R.M. of Baildon No. 131 Zoning Bylaw The proposed development shall be located on a parcel conforming to all requirements of this zoning bylaw, including site size, frontage, setbacks and access and to all provincial requirements. No new or expanded discretionary uses shall be located in the 1:500 flood elevations or on hazard lands without appropriate studies completed by qualified professionals with accompanying mitigating measures. The proposed discretionary use shall not negatively change the character of the immediate area or the use and enjoyment of adjacent lands for their existing use. Year round access to the site shall be available. All commercial uses shall be separated from a residence not occupied by the operator of the use, by a distance of at least 300m 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. Uses that include or may include storage may require screening from roads or neighbouring properties by landscape features or fences or a combination of both. Council may apply special standards as conditions of approval regarding screening, location of storage, location of vehicles on display, machinery and parts to avoid an unsightly premise. The proximity and location of residential and tourist facilities shall be considered in making a discretionary use decision that involves outside storage of materials. The storage of vehicles shall be subject to Section 4.7 of this R.M. of Baildon No. 131 Zoning Bylaw 10 15 Wing Overlay District The objective of this district is to provide regulations for lands that fall within 15 Wing Moose Jaw. The protection of these lands is necessary for the operation requirements of 15 Wing. The following regulations shall apply in addition to the underlying district regulations. Where discrepancies arise, the overlay district regulations will supersede. 10.1 Permitted and Discretionary Uses a. The uses shall be those listed within the underlying Zoning District unless stated and determined otherwise. 10.2 Prohibited Uses a. Uses, buildings or commercial and/or industrial processes that may be noxious or injurious or create emissions such as dust, smoke, excessive amount of refuse, matter, odor gas, fumes, noise vibration or other similar discharges. Uses that cause interference with communication including but not limited to cell phone towers and other related public utilities. Uses that may create bird hazards including but not limited to dug outs, swimming pools, a sanitary land fill, a food garbage disposal site; a sewage lagoon; or an open water storage reservoir. 10.4 Development Restrictions a. Maximum Building Height- 9 meters The Development Officer may require a greater setback than listed in the underlying zoning district for a use if it is deemed that the use may substantially interfere with the safety and amenity of adjacent sites. Dependent upon the type of development and the potential limitations/obstacles it may cause, Council may refer any development R.M. of Baildon No. 131 Zoning Bylaw that is within 27 miles of the boundary of the overlay district to 15 Where subdivisions are proposed and a rezoning is required, Council may consult with 15 Wing Moose Jaw prior to making a

Source: http://myrm.ca/131/files/2013/07/Zoning-Bylaw-Draft.pdf