Zoning Bylaw No. 02-2023

Pilot Butte, Saskatchewan

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Town of Pilot Butte ZONING BYLAW March 2023 Zoning Bylaw Amendments Record Sheet (To be filled out by the Town of Pilot Butte Administration upon approval of each Bylaw Amendment.) Bylaw No. XX-Year Bylaw Title (Print more of this Record Sheet where needed.) Bylaw No. 09-2024 Rezoning Blk/Par E Plan No. 102151066 (Chateau) from R3-C to R1 Bylaw No. 10-2024 Rezoning Blk/Par E Plan No. 102151066 (Chateau) from R3-C to R3 Bylaw No. 13-2024 Rezoning Plan No. Lots 1-4 Blk/Par 7 Plan No. BB4312 from C1 to R1 Bylaw No. 02-2025 Schedule of Fees, Public Notice Policy, Development Appeals, and typographic errors 1 BYLAW NO. 02-2023 A Bylaw of the Town of Pilot Butte to adopt the Zoning Bylaw. The Council of the Town of Pilot Butte, in the Province of Saskatchewan, in an open meeting assembled enacts as follows: (1) Pursuant to Section 29(1) of The Planning and Development Act, 2007, the Council of the Town of Pilot Butte hereby adopts Bylaw No. 02-2023 which shall be identified as the "Town of Pilot Butte Zoning Bylaw." (2) The Mayor and Administrator of the Town of Pilot Butte are hereby authorized to sign and seal this Bylaw No. 02-2023 that is cited as the "Town of Pilot Butte Zoning Bylaw." (3) That Bylaw No. 18-2017 known as the Zoning Bylaw, and all amendments thereto, are hereby repealed in its entirety and replaced with this Bylaw No. 02-2023. (4) This Bylaw No. 02-2023 shall come into force on the date of final approval by the Minister of Government Relations. Read a first time the Read a second time the Read a third time the PEGGY CHORNEY Mayor ALLEN MULLEN Administrator 22nd day of April, 2024 13th day of March, 2023 Town of Pilot Butte ZONING BYLAW 22nd day of April, 2024 ACKNOWLEDGEMENTS The Town of Pilot Butte is very appreciative of the insight and contributions from all the Town residents, businesses, agencies and organizations which formed the basis of the Zoning Bylaw. The information gathered throughout the public engagement strategy has provided valuable information which has inspired and influenced the regulations and policies outlined in the Town of Pilot Butte Zoning Bylaw. Prepared By: Principal Author & Editor _____________________________________ Eliakim Longaquit, B.A. Hon., RPP, MCIP Municipal Planner & Development Officer, Town of Pilot Butte In collaboration with: Scott Assié, RPP, MCIP, M.Pl., B.Sc. Manager of Land Use Planning, GeoVerra Inc. Paige Boha, B.A. Planner, GeoVerra Inc. (prior to June 2021) Evan Wight, B.A. Planner, GeoVerra Inc. Olivia Tomcala, B.A. Planner, GeoVerra Inc. 2 Town of Pilot Butte ZONING BYLAW 3 Special Participation By: ______________________________________ Peggy Chorney Mayor, Urban Municipality of Pilot Butte _______________________________________ Zac Forster Deputy Mayor, Urban Municipality of Pilot Butte _______________________________________ Scott Einarson Councillor, Urban Municipality of Pilot Butte _______________________________________ Jean Lowenberger Councillor, Urban Municipality of Pilot Butte _______________________________________ Ed Sigmeth Councillor, Urban Municipality of Pilot Butte _______________________________________ Lydia Riopka Councillor, Urban Municipality of Pilot Butte _______________________________________ Fred Salerno Councillor, Urban Municipality of Pilot Butte ______________________________________ Allen Mullen Chief Administrative Officer, Urban Municipality of Pilot Butte Town of Pilot Butte ZONING BYLAW Special Thanks To: ______________________________________ Karen Byrd Slogan Creator _______________________________________ Katrina Forgrave Graphic Designer _______________________________________ Eliakim Longaquit Proofreader Town of Pilot Butte ZONING BYLAW 4 5 A Message from the Town. Being strategically located near the capital city of the Province of Saskatchewan, the Town of Pilot Butte is an ideal place for all ages hoping to live in a small-town atmosphere while still being able to enjoy the city lifestyle nearby. Offering the best of both worlds is the unique advantage of Pilot Butte and hence as Town ambassadors, we encourage you to choose to live your lifetime here. Town History Over 60 known archaeological sites in the surrounding RM, over 20 of which are in Township 17-Range 18, are evidence that the Pilot Butte area was important for First Nations people for hundreds and even thousands of years. Pilot Butte was recognized in 1882 as a railway settlement, and its development peaked in the early 1900s. From then on, Pilot Butte supported various industries including brick plants, railway works, agricultural and manufacturing industries, lodging, and mercantile investments. There are almost no physical reminders of these years; however, the vision and enthusiasm of the community remain representative of those times moving forward into the future. The physical landscape of the Town is naturally sandy and has a rural setting. Pilot Butte was once known as the "Sand Capital of Canada", where the sand and gravel deposits were utilized in the construction of the Canadian Pacific Railway through the region in 1882. Early residents worked on the railway or related services, and later, Pilot Butte became their permanent residence. Developing Community Having started from an early railway settlement, the Town continues to develop infrastructure and services to support a growing population as more residents are choosing to make Pilot Butte their home. Pilot Butte Water Tower, 1970s Source: Town of Pilot Butte (2007) In early 2010, the Town of Pilot Butte welcomed several subdivision development proposals by developers where 90 percent are for residential land uses and the remaining are for commercial and industrial establishments. Since then, the building of single-family residential housing has taken precedence to support the demand of those seeking to make Pilot Butte their home. We have learned with developers that larger lots than those standard lots in the City of Regina are one of the property features enticing newcomers to invest in and to reside in Pilot Butte. But most of all, we are delighted to hear new and long-time residents choose Pilot Butte to give their children and loved ones a chance to experience the small- town lifestyle with a peaceful and friendly ambiance. Live Your Lifetime Here Town of Pilot Butte ZONING BYLAW At the same time, being close to neighbouring Regina is truly a big factor to many as they have easy access to employment, education, leisure, and recreational opportunities in the city. Pilot Butte Neighbourhood Park Source: Town of Pilot Butte (2021) The Town of Pilot Butte will continue to invest in more sustainable growth partnerships and infrastructure developments that will provide the community a comfortable lifestyle with a small-town feel but full of urban services. With a population of 2,638 and counting, the Town desires to attract more stakeholders that can facilitate the community of Pilot Butte in becoming more diverse in population, housing, community services, and economic opportunities. Pilot Butte is indeed a fast-developing community - the Town boasts a 23.4 percent increase in population from 2016 - 2021 according to Statistics Canada and the 2021 census. Pilot Butte Rodeo Chariot Racing Source: Lewis Images (2013) Community Spirit The Town of Pilot Butte is known for having a strong "Community Spirit" where volunteerism and community organizations are extremely high. Residents have opportunities to be active in many creative ways to help the Town become more vibrant, such as facilitating small and big-scale activities like Pilot Butte Rodeo events, Pilot Butte Beautification projects, and many more great opportunities that invite community participation. The Town of Pilot Butte desires to continue supporting like-minded committees that make the Town successful in promoting its physical attributes, as well as social and cultural hubs where all ages can choose to be involved. Live your lifetime here...because the Town of Pilot Butte is the community that you might have been long searching for. Eliakim Longaquit Town Planner Peggy Chorney Town Mayor Allen Mullen Town Administrator Town of Pilot Butte ZONING BYLAW 6 7 TABLE OF CONTENTS Organization of the Town of Pilot Butte Zoning Bylaw............................................. 13 How to Determine Zoning and Regulations for a Specific Site.................................. 14 1.0 INTRODUCTION.....................................................................................15 1.1 Authority................................................................................................ 15 1.2 Title....................................................................................................... 15 1.3 Purpose.................................................................................................. 15 1.4 Scope.................................................................................................... 15 1.5 Severability............................................................................................. 15 1.6 Interpretation......................................................................................... 15 1.7 Zoning Bylaw Compliance......................................................................... 16 2.0 ADMINISTRATION.................................................................................17 2.1 Development Officer................................................................................ 17 2.2 Council................................................................................................... 17 2.3 Developments Not Requiring a Development Permit..................................... 17 2.4 Public Notice Policy ................................................................................. 18 2.5 Enforcement, Offences and Penalties ......................................................... 19 3.0 DEVELOPMENT & ZONING REQUIREMENTS............................................20 3.1 Application for a Development Permit Including Discretionary Use.................. 20 3.2 Procedures When Reviewing a Development Permit Application ..................... 20 3.3 Refusal of a Development Permit ............................................................... 22 3.4 Changes in Decision .................................................................................22 3.5 Referral Under the Public Health Authority................................................... 23 3.6 Concurrent Processing of a Development Permit and a Building Permit ........... 23 3.7 Cancellation of a Development Permit ........................................................ 23 3.8 Application for a Minor Variance to the Zoning Bylaw ................................... 23 3.9 Zoning Bylaw Amendments ...................................................................... 24 3.10 Zoning Bylaw Amendment Procedures........................................................ 24 3.11 Development Appeals .............................................................................. 25 3.12 Contract Zoning and Agreement ................................................................ 25 3.13 Use of the Holding Designation and Symbol "H" .......................................... 26 3.14 Supplementary Information Requirements .................................................. 27 3.15 Servicing Agreement Involving a Subdivision of Land ................................... 29 3.16 Servicing Agreement Fees ........................................................................ 29 3.17 Development Levy Agreement .................................................................. 29 3.18 Development Levy .................................................................................. 29 3.19 Other Agreements in Writing .................................................................... 29 3.20 Municipal Service Connection Fees ............................................................. 29 3.21 Performance Security and Liability Insurance .............................................. 29 3.22 Interest Registration ................................................................................ 30 4.0 GENERAL SITE REGULATIONS ...............................................................31 4.1 Compliance Requirements ........................................................................ 31 4.2 Number of Principal Buildings ................................................................... 31 Town of Pilot Butte ZONING BYLAW Non-conforming Uses, Buildings and Sites .................................................. 31 Re-development of Non-conforming Sites & Uses ........................................ 32 Site Consolidation and Parcel Tie ............................................................... 32 Principal Building to be Moved .................................................................. 32 Demolition of Buildings ............................................................................ 33 Replacement of Buildings ......................................................................... 33 Restoration of a Site for Safety ................................................................. 33 Grading and Levelling of a Site.................................................................. 33 Engineering Analysis Required .................................................................. 34 Height of Buildings .................................................................................. 34 Projections in Yards ................................................................................. 34 Accessory Uses, Buildings and Structures ................................................... 35 Prohibited Plantings on Municipal Properties ................................................ 35 Public Works and Utilities ......................................................................... 35 Municipal Property and Road Right-of-Way .................................................. 36 Railway Crossings and Sight Distances ....................................................... 36 Site Size Adjustments .............................................................................. 36 Frontage and Access................................................................................ 36 Irregular Lot Frontage ............................................................................. 36 Sight Triangle ......................................................................................... 37 Lighting ................................................................................................. 38 Signage ................................................................................................. 38 Parking Restrictions ................................................................................. 39 Renting Residential Property Regulations .................................................... 39 Prohibited Uses and Noxious Developments ................................................ 39 5.0 ANCILLARY USE DEVELOPMENT STANDARDS ........................................41 5.1 Private Yard Landscaping ......................................................................... 41 5.2 Fences and Hedges ................................................................................. 41 5.3 Retaining Wall as Ancillary Structure .......................................................... 42 5.4 Trees and Other Vegetations ..................................................................... 43 5.5 Front Yard Edible Gardening ..................................................................... 43 5.6 Growing Cannabis for Personal Use ............................................................ 44 5.7 Outdoor Storage and Displays ................................................................... 44 5.8 Junked Vehicles and Hazardous Materials ................................................... 45 5.9 Keeping of Domestic Animals .................................................................... 45 5.10 Garage and Yard Sales ............................................................................. 45 5.11 Garage and Carport as Accessory Buildings................................................. 46 5.12 Portable Garage and Shelter ..................................................................... 46 5.13 Deck and Patio as Accessory Structures ..................................................... 46 5.14 Shed as Accessory Structure .................................................................... 46 5.15 Approach/Driveway ................................................................................. 47 Table 1. Approach/Driveway Requirements ......................................................... 49 5.16 Loading and Unloading Spaces .................................................................. 47 Table 2. Loading and Unloading Spaces Requirements ......................................... 49 5.17 Off-Street Parking ................................................................................... 48 Table 3. Parking Space Dimension Requirements ................................................. 49 Table 4. Off-Street Parking Space Minimum Requirements .................................... 50 Town of Pilot Butte ZONING BYLAW 8 9 5.18 Recreational Vehicle Parking ..................................................................... 48 5.19 Bicycle Ancillary Structures ...................................................................... 48 5.20 Solar Panels and Wind Turbines ................................................................. 48 6.0 DISTINCT LAND USE DEVELOPMENT STANDARDS .................................52 6.1 General Land Use Requirements ................................................................ 52 6.2 Terms and Conditions for Discretionary Use Approvals .................................. 52 6.3 Home-Based Business (Minor) .................................................................. 52 6.4 Home-Based Business (Major) .................................................................. 53 6.5 Home-Based Business Prohibited Uses ....................................................... 54 6.6 Off-Site Business Service Operation ........................................................... 55 6.7 Bed and Breakfast Homestay .................................................................... 55 6.8 Boarding and Breeding Kennels ................................................................. 55 6.9 Residential Care Home Type I ................................................................... 56 6.10 Residential Care Home Type II .................................................................. 56 6.11 Personal Care Home ................................................................................ 57 6.12 Garage/Garden Suite ............................................................................... 57 6.13 Secondary Suite ..................................................................................... 58 6.14 Accessory Dwelling in a Non-Residential Use ............................................... 60 6.15 Shipping Container as Accessory Structure ................................................. 60 Table 5. Number of Permitted Shipping Containers in Each Zoning District .............. 61 6.16 Swimming Pools ...................................................................................... 61 6.17 Shipping Container Building Construction ................................................... 61 6.18 Modular and Ready-To-Move Buildings ........................................................ 61 6.19 Mobile Homes and Buildings ..................................................................... 62 6.20 Mobile Home Court and Mobile Home Parks ................................................ 62 6.21 Tiny Home as Principal Building ................................................................. 63 6.22 Surface Bare Land Condominium ............................................................... 63 6.23 Dwelling Groups ..................................................................................... 63 6.24 Hotel/Motel ............................................................................................ 63 6.25 Community Garden ................................................................................. 64 6.26 Cannabis Retail Outlet ............................................................................. 66 6.27 Excavation and Stockpiling of Aggregate .................................................... 66 6.28 Home Day Care ...................................................................................... 67 6.29 Day Care Centre ..................................................................................... 67 6.30 Asphalt and Concrete Plant ....................................................................... 68 6.31 Storage of Hazardous Substances ............................................................. 79 6.32 Service Station and Gas Bar ..................................................................... 70 6.33 Commercial Telecommunication Tower and Facility ....................................... 70 Table 6. Permitted Tower Height Maximum Requirements ..................................... 71 6.34 Public Works for Solid and Liquid Waste Management or Disposal Facilities ..... 71 6.35 Development Adjacent to a Provincial Highway............................................ 71 6.36 Development Adjacent to Pipelines and Gas Transmission Lines ..................... 71 Table 7. Development Adjacent to Pipelines and Gas Transmission Lines Setback Requirements ...................................................................................... 72 6.37 Development Adjacent to Railway .............................................................. 73 6.38 Public Open Space, Pathways, Parks or Sports Field ..................................... 73 6.39 Campground or Tourist Camp ................................................................... 73 Town of Pilot Butte ZONING BYLAW 10 6.40 Value-Added Agriculture: Farm Processing Facilities .................................... 74 7.0 ZONING DISTRICTS AND ZONING MAP .................................................75 7.1 Classification of Zoning Districts ................................................................ 75 Table 8. Classification of Pilot Butte Zoning Districts ............................................ 75 7.2 Zoning District Map ................................................................................. 75 7.3 Boundaries of Zoning Districts .................................................................. 75 8.0 R1 - SINGLE DETACHED RESIDENTIAL DISTRICT .................................76 8.1 Purpose ................................................................................................. 76 8.2 Permitted Uses ....................................................................................... 76 8.3 Discretionary Uses .................................................................................. 76 8.4 Prohibited Uses ....................................................................................... 76 8.5 Site Regulations and Development Standards ............................................. 76 Table 9. R1 - Single Detached Residential District Site Requirements & Development Standards ................................................................................. 77 9.0 R1A - SINGLE DETACHED RESIDENTIAL DISTRICT ...............................78 9.1 Purpose ................................................................................................. 80 9.2 Permitted Uses ....................................................................................... 78 9.3 Discretionary Uses .................................................................................. 78 9.4 Prohibited Uses ....................................................................................... 78 9.5 Site Regulations and Development Standards ............................................. 78 Table 10. R1A - Single Detached Residential District Site Requirements & Development Standards ................................................................................. 79 10.0 R2 - URBAN COUNTRY RESIDENTIAL DISTRICT ...................................80 10.1 Purpose ................................................................................................. 80 10.2 Permitted Uses ....................................................................................... 80 10.3 Discretionary Uses .................................................................................. 80 10.4 Prohibited Uses ....................................................................................... 80 10.5 Site Regulations and Development Standards ............................................. 80 Table 11. R2 - Urban Country Residential District Site Requirements & Development Standards ................................................................................. 81 11.0 R3 - MULTIPLE UNIT RESIDENTIAL DISTRICT ......................................82 11.1 Purpose ................................................................................................. 82 11.2 Permitted Uses ....................................................................................... 82 11.3 Discretionary Uses .................................................................................. 82 11.4 Prohibited Uses ....................................................................................... 82 11.5 Site Regulations and Development Standards ............................................. 83 Table 12. R3 - Multiple Unit Residential District Site Requirements & Development Standards ................................................................................. 84 12.0 RS1 - SPECIAL GROUP HOME DISTRICT ...............................................85 12.1 Purpose ................................................................................................. 85 12.2 Permitted Uses ....................................................................................... 85 12.3 Discretionary Uses .................................................................................. 85 12.4 Prohibited Uses ....................................................................................... 85 12.5 Site Regulations and Development Standards ............................................. 85 Table 13. RS1 - Special Group Home District Site Requirements & Development Standards ................................................................................. 87 Town of Pilot Butte ZONING BYLAW 11 13.0 RS2 - SPECIAL MOBILE HOME DISTRICT ..............................................88 13.1 Purpose ................................................................................................. 88 13.2 Permitted Uses ....................................................................................... 88 13.3 Discretionary Uses .................................................................................. 88 13.4 Prohibited Uses ....................................................................................... 88 13.5 Site Regulations and Development Standards ............................................. 88 13.6 Additional Regulations ............................................................................. 89 Table 14. RS2 - Special Mobile Home District Site Requirements & Development Standards ................................................................................. 89 14.0 C1 - COMMUNITY COMMERCIAL DISTRICT .......................................... 90 14.1 Purpose ................................................................................................. 90 14.2 Permitted Uses ....................................................................................... 90 14.3 Discretionary Uses .................................................................................. 90 14.4 Prohibited Uses ....................................................................................... 91 14.5 Site Regulations and Development Standards ............................................. 91 Table 15. C1 - Community Commercial District Site Requirements & Development Standards ................................................................................. 92 15.0 C2 - HIGHWAY COMMERCIAL DISTRICT ...............................................93 15.1 Purpose ................................................................................................. 93 15.2 Permitted Uses ....................................................................................... 93 15.3 Discretionary Uses .................................................................................. 93 15.4 Prohibited Uses ....................................................................................... 94 15.5 Site Regulations and Development Standards ............................................. 94 Table 16. C2 - Highway Commercial District Site Requirements & Development Standards ................................................................................. 95 16.0 M1 - LIMITED INDUSTRIAL COMMERCIAL DISTRICT ............................96 16.1 Purpose ................................................................................................. 96 16.2 Permitted Uses ....................................................................................... 96 16.3 Discretionary Uses .................................................................................. 96 16.4 Prohibited Uses ....................................................................................... 97 16.5 Site Regulations and Development Standards ............................................. 97 Table 17. M1 - Limited Industrial Commercial District Site Requirements & Development Standards ................................................................................. 98 17.0 M2 - GENERAL INDUSTRIAL COMMERCIAL DISTRICT .......................... 99 17.1 Purpose .................................................................................................99 17.2 Permitted Uses ...................................................................................... 99 17.3 Discretionary Uses ................................................................................. 99 17.4 Prohibited Uses ...................................................................................... 99 17.5 Site Regulations and Development Standards ............................................ 99 Table 18. M2 - General Industrial Commercial District Site Requirements & Development Standards ............................................................................... 101 18.0 CS - COMMUNITY SERVICE DISTRICT .................................................102 18.1 Purpose ............................................................................................... 102 18.2 Permitted Uses ..................................................................................... 102 18.3 Discretionary Uses ................................................................................ 102 18.4 Prohibited Uses ..................................................................................... 102 Town of Pilot Butte ZONING BYLAW 12 18.5 Site Regulations and Development Standards ........................................... 103 Table 19. CS - Community Service District Site Requirements & Development Standards ............................................................................... 104 19.0 AGM - AGRICULTURAL INDUSTRIAL DISTRICT ...................................105 19.1 Purpose ............................................................................................... 105 19.2 Permitted Uses ..................................................................................... 105 19.3 Discretionary Uses ................................................................................ 105 19.4 Prohibited Uses ..................................................................................... 105 19.5 Site Regulations and Development Standards ........................................... 105 Table 20. AGM - Agricultural Industrial District Site Requirements & Development Standards ............................................................................... 106 20.0 UH - URBAN HOLDING DISTRICT ........................................................107 20.1 Purpose ............................................................................................... 107 20.2 Permitted Uses ..................................................................................... 107 20.3 Discretionary Uses ................................................................................ 107 20.4 Prohibited Uses ..................................................................................... 108 20.5 Site Regulations and Development Standards ........................................... 108 Table 21. UH - Urban Holding District Site Requirements & Development Standards .................................................................................. 109 21.0 POTENTIALLY HAZARDOUS LANDS OVERLAY ............................................110 Table 22. Minimum Building or Structure Setback from the Top of a Bank ............. 111 Appendix A - Zoning District Map ....................................................................... 112 Appendix B - Definitions .................................................................................... 113 Appendix C - Schedule of Fees ........................................................................... 114 Appendix D - Development Permit Process ........................................................... 115 Town of Pilot Butte ZONING BYLAW Organization of the Town of Pilot Butte Zoning Bylaw The following is intended for information only and does not form part of the Town of Pilot Butte Zoning Bylaw. The Zoning Bylaw establishes regulations for the use of land and buildings in the Town of Pilot Butte. It regulates the type, location, and intensity of land use and buildings, and outlines the process for rezoning land and applying for permits to develop and/or use the subject land/building property. The Zoning Bylaw reflects only Municipal regulation and policy, including the Town of Pilot Butte Official Community Plan (OCP). Other bylaws, policies, regulations, and Acts of the Local, Provincial and Federal Authority must also be observed. This Bylaw is organized into twenty-one (21) sections and four (4) appendices which are group related information. Section 1.0 contains basic information on the legal framework of the Bylaw and this guide on how to use the Bylaw. Section 2.0 contains administrative information regarding the role of the Development Officer and Council, the land uses and developments that do not require applications or other provisions of this Bylaw, the administration schedule of fees, and the enforcement of the Zoning Bylaw. Section 3.0 contains information and requirements for development and zoning amendment applications and procedures. Section 4.0 contains general site regulations for all uses and development types. These regulations supplement those found in the specific Zoning Districts. Section 5.0 contains specific land use requirements and standards for uses and developments identified as ancillary in all Zoning Districts. Section 6.0 contains specific land use requirements, development standards and conditions of approval for permitted and discretionary uses in all Zoning Districts. Section 7.0 establishes the zones that apply to the lands covered in this Bylaw. This section also describes how to distinguish the Zoning District boundaries. Sections 8.0 - 20.0 contains a list of permitted and discretionary land uses and specific development standards for each Zoning District. This includes standards such as minimum lot size, minimum frontage, maximum building height, minimum setbacks distances, site coverage, etc. Section 21.0 contains development guideline for potentially hazardous lands. Appendix A delineates various land uses as shown in the Zoning District Map. Appendix B provides definitions and clarification on important terms found within the Town's Zoning Bylaw and the Official Community Plan. Appendix C contains a Schedule of Fees for every permit application related to Zoning Bylaw and Official Community Plan. Appendix D provides information for Development Permit process. Town of Pilot Butte ZONING BYLAW 13 14 How to Determine Zoning and Regulations for a Specific Site The guideline below is intended for information only and does not form part of the Town of Pilot Butte Zoning Bylaw. The following steps will help users understand how to identify the proper Zoning District for a specific piece of land, what land uses are permitted on that site, and the regulations to guide development within the site. 1. To determine the Zoning District of a specific site, the user must first find that site on the attached Zoning District Map. It will be helpful to know the legal land description when reviewing the Zoning District Map. All land within the Town will fall within a colour coded Zoning District, and potentially overlay districts. A legend within the Zoning District Map will associate each colour with the appropriate Zoning District. 2. Each Zoning District will have its own Section in the Zoning Bylaw. Look up the corresponding Zoning District. The Zoning District will identify in a list, permitted land uses, as well as uses permitted at the discretion of Council and subject to the Discretionary Use application procedures identified in Section 3.0. 3. Each Zoning District will also have a table identifying the development standards (minimum site areas, building setbacks, etc.) for each permitted and discretionary land use. These standards will help guide development within the lot or parcel. 4. The land uses may have specific standards and requirements contained in the Section 4.0 - Section 6.0, as well as in each Zoning District where a subject development is to be located. 5. Finally, all proposed development and zoning questions should be discussed with staff from the Town's Planning & Development department. If you require assistance with the regulations or processes contained within the Zoning Bylaw, please call or visit the Planning & Development department of the Municipality of Pilot Butte. The up-to-date version of both the Official Community Plan and the Zoning Bylaw and their amendments are located in the Town Office. Town of Pilot Butte ZONING BYLAW 15 1.0 INTRODUCTION 1.1 Authority 1.1.1 Under the authority granted by The Planning and Development Act (PDA), and in compliance with The Statements of Provincial Interest Regulations (SPI), the Mayor and Council of the Town of Pilot Butte, in the Province of Saskatchewan, in open meeting hereby enacts as follows: 1.2 Title 1.2.1 This Bylaw shall be known and may be cited as the "Town of Pilot Butte Zoning Bylaw". 1.3 Purpose 1.3.1 The purpose of this Zoning Bylaw is to control and regulate land use and development within Pilot Butte's boundaries in accordance with the policies identified in the "Pilot Butte 2041: Official Community Plan" (Bylaw No. 01-2023) along with its associated amendments. 1.3.2 The intent of the Zoning Bylaw is to provide specific regulations pertaining to the use of land in the Town of Pilot Butte. It is the primary tool used to realize the goals and objectives of the Town's OCP and enforce the policies within. 1.3.3 The Zoning Bylaw provides the Municipality of the Town of Pilot Butte with actual control over development by prescribing the use of land, building form, and other improvements allowed in different areas of the Town. This Bylaw further outlines the development standards as conditions of approval that aim to guide the growth and development for all allowable land uses, buildings types, and other types of improvement. 1.4 Scope 1.4.1 This Bylaw applies to all land included within the boundaries of the Town of Pilot Butte. Any development or land use shall hereafter be permitted within the limits of Pilot Butte when in conformity with the provisions of this Zoning Bylaw. 1.5 Severability 1.5.1 Any decision granted by the Development Appeals Board (DAB), Saskatchewan Municipal Board (SMB) or the Provincial/Federal Courts, that proves one or more section, clause, or provision of this Zoning Bylaw, including anything shown on the Zoning District Map are deemed to be invalid in whole or in part, does not impact the validity, effectiveness, or enforceability of the other provisions of this Bylaw. 1.6 Interpretation 1.6.1 For the interpretation of this Bylaw, the words "shall", "must", or "will" are identified as a mandatory action or decision. While the words "should" or "may" are identified as a voluntary action or decision. Whether actions or decisions are mandatory or voluntary, Council may include prerequisites or conditions which must be fulfilled before that action or decision may be taken. 1.6.2 Where any provision of this Bylaw appears unclear, Council shall make the final Bylaw interpretation. 1.6.3 The term "permission" pertains to the approval in writing, resolution or other forms determined by Council or the Municipality of the Town of Pilot Butte. 1.6.4 The term "the Town" refers to the Municipality of the Town of Pilot Butte, unless indicated otherwise. 1.6.5 All Bylaw requirements shall be based on the stated metric units. 1.6.6 No existing development or land use shall be deemed non-conforming due to non- compliance with the metric units used in the Bylaw. 1.6.7 All Local, Provincial and Federal Acts, legislations, regulations, bylaws and policies stated in this Zoning Bylaw pertains to the most up-to-date documents. Town of Pilot Butte ZONING BYLAW 16 1.6.8 Where the requirements of this Zoning Bylaw conflict with any other Federal, Provincial or Municipal requirements, the firmer and more stringent regulations shall prevail. 1.7 Zoning Bylaw Compliance 1.7.1 Errors and omissions by any person administering or required to comply with the provisions of this Bylaw do not relieve any person from liability for failure to comply with the provisions of this Zoning Bylaw. Town of Pilot Butte ZONING BYLAW 17 2.0 ADMINISTRATION 2.1 Development Officer 2.1.1 The Chief Administrative Officer (Administrator) shall be the main Development Officer responsible for the administration of the Town of Pilot Butte Zoning Bylaw. The Administrator is not limited to appointing another employee or consultant to be a Development Officer by resolution of the Council. 2.1.2 The Development Officer shall: a) Receive, record, and review Development Permit applications and issue decisions in consultation with Council, particularly those decisions involving Subdivision, Development Permit applications for Discretionary uses, Development Permit conditions, and Development and Servicing agreements. b) Establish and apply applicable development standards and other conditions or requirements, in consultation with Council when necessary, for a subject application. c) Collect application fees as well as the servicing and development related fees where all fees may be amended from time to time as determined by Administration and approved by Council. d) Maintain a copy of the Official Community Plan, Zoning Bylaw, and their associated maps and amendments for public inspection during office hours and ensure that copies are available to the public at a reasonable cost. e) Keep a record of all approved Development Permits, Minor Variances, Subdivision Applications, and all executed Development and Servicing Agreements. f) Perform other duties as determined by Council. 2.1.3 The Development Officer shall be authorized to make a decision, which may be in consultation with Council but will not require a resolution, regarding a Development Permit application for a "Permitted Use", and any developments identified as an ancillary use. 2.1.4 The Development Officer shall be authorized to make a decision, which may be in consultation with Council but will not require a resolution from Council, regarding a Minor Variance application for either a "Permitted Use" or a "Discretionary Use". 2.1.5 The Development Officer shall receive, record, review and forward to Council all of the following: a) Discretionary Use Applications. b) Subdivision Applications. c) Development and Servicing Agreements. d) OCP and Zoning Bylaw Amendments including amendments to text and/or maps. 2.2 Council 2.2.1 Council shall make decisions regarding all Discretionary Use applications, Development and Servicing Agreements and amendments to this Zoning Bylaw and the Official Community Plan in accordance with this Bylaw and the policies and objectives set forth in the OCP. 2.2.2 Council shall review the reports and recommendations provided by the Development Officer or appointed Planner, and make recommendations regarding all Subdivision Applications to the Approving Authority (Community Planning Branch, Ministry of Government Relations). 2.2.3 Council, at their discretion may waive part of the application requirements stated in this Bylaw and/or in the OCP, when doing so will not jeopardize compliance with the regulations within this Zoning Bylaw and the policies and objectives within the Official Community Plan. 2.3 Developments Not Requiring Development Permit 2.3.1 The following developments, buildings, businesses, or land uses do not require a Development Permit application. However, all other provisions of this Bylaw, or other municipal and provincial bylaws and policies shall be followed in addition to obtaining a Building Permit where required: Town of Pilot Butte ZONING BYLAW 18 a) Accessory or ancillary buildings which have a maximum floor area of 10 m2 (107.6 ft2) and maximum height of 2.5 m (8 ft). b) Accessory or ancillary structures which are directly related to or incidental to the primary use of the principal building (e.g., mailing box, etc.). c) Accessory or ancillary structures which are for temporary uses (e.g., shipping container/sea can, etc.). Shipping containers must follow the development standards outline in Section 6.15. d) Election-related temporary uses including the use of all or part of a building as a temporary polling station, returning officer's headquarters, candidate's campaign office and any other official temporary use in connection with any federal, provincial or municipal election, referendum and census. e) Ancillary uses related to green movements including private yard landscaping, installation of fences and hedges, planting of trees and other vegetations, and front yard edible gardening. f) Maintenance and repairs that do not include structural alterations. g) Off-site business service operation. h) Public works and utilities: any operation for the purposes of inspecting, repairing, installing or renewing sewage systems, water mains, cables, towers, pipes, wires, tracks, or similar public works as required by a public utility and the installation of service connections to property in the Municipality. 2.4 Public Notice Policy 2.4.1 All kinds of public notices shall: a) Entail the details of the application, date, time, and place of the schedules public hearing, if there's any, and any other information and requirements necessary to the application such as: i. Reason and an effective date of a decision regarding an application or permit. Town of Pilot Butte ZONING BYLAW ii. The residents' right to submit a written objection or support before the dated public hearing. b) All written notices required shall be delivered by mail or by personal service c) Procedures for a special public notice must be in accordance with the PDA and must be at the discretion of the Council. 2.4.2 Standard Public Notice a) Public notice is required for any discretionary use applications b) A standard public notice shall include: i. A written notice to the property owners that are within 75 metres of the applicant's property at least seven (7) days before the application is to be considered by Council. ii. An advertisement for at least one (1) week in a newspaper published and/or circulated in the Town with an option of an additional one (1) week free and clear before the scheduled public hearing date. c) Where an additional public notice is deemed necessary may be at the discretion of the Town. 2.4.3 Special Public Notice a) OCP/Zoning Bylaw adoptions, amendments, or repeals require special public notice. b) The following developments, land uses, or buildings may require a special public notice: i. Campground; Auction Ground; Fairground ii. Cemetery; Funeral Parlor and Services iii. Community Garden; Farmer's Market iv. Community Centre; Facility, or Recreation Centre v. Public Open Space, Pathways, Parks, or Sports Field vi. School; Educational Institution and Support Facility c) A special public notice shall include: i. A written notice provided to property owners within: 19 2.5.3 In a written order, the Development Officer: a) Shall specify the contravention. b) May direct the person to whom the order is issued to do all/any of the following: i. Discontinue the development or form of development. ii. Alter the development or form of development to remove the contravention. iii. Restore the land, building or premises to its condition immediately before the undertaking of the development or form of development. iv. Complete all work necessary to comply with the Bylaw. c) Shall set a time in which a direction is to be complied with. d) Shall advise of the right to appeal the order to the Development Appeals Board. 2.5.4 An order made may be delivered by registered mail or personal service. 2.5.5 The Development Officer may register an interest based on an order in the land registry against the affected title. If an interest has been registered against a title the order runs with the land and is binding on the registered owner and on any subsequent registered owner of that land. If an interest has been registered against title the order has been complied with, the Development Officer shall discharge that interest. 2.5.6 Any person who violates this Bylaw is guilty of an offence and liable on summary conviction to the penalties set forth in The Planning and Development Act or The Municipalities Act, whichever is applicable. Town of Pilot Butte ZONING BYLAW i.i. 75 metre radius from a single lot/parcel proposed. i.ii. 300 metre radius from a multi-lot/parcels proposed. ii. Two (2) local newspaper postings or advertisements within two (2) weeks at least seven (7) days apart, with the last advertisement occuring at least seven (7) days before the date of the required public hearing. iii. Website posting iv. If the proposed amendment is not in relation to a specific property or land, the notice requirement in clause (i) may not apply. 2.4.4 Minor Variance Written Notices a) Written notices shall be given to the applicant and to the assessed property owners that have a common boundary with the applicant. b) Written notices shall indicate that an adjoining assessed owner may lodge a written objection within twenty (20) days, which will result in the approval of the Minor Variance being revoked. 2.5 Enforcement, Offences and Penalties 2.5.1 In accordance with The Planning and Development Act, the Development Officer may, at a reasonable time, and with the consent of the owner, operator, or occupant enter any land, building, or premises for the purposes of inspection where the Development Officer has reasonable grounds to believe that any development or form of development on or in the land, building or premises contravenes any provision of Zoning Bylaw. 2.5.2 If, after inspection, the Development Officer determines that the development or form of development contravenes any provision of this Bylaw, the OCP, a development or servicing agreement, a development permit or condition, or a caveat under this Bylaw, the Development Officer may issue a written order to the owner, operator or occupant of the land, building or premises on or in which the development or form of development is located. 20 3.0 DEVELOPMENT & ZONING REQUIREMENTS 3.1 Application for a Development Permit Including Discretionary Use 3.1.1 Every person shall apply for a Develop- ment Permit before commencing any type or form of development located within the Town of Pilot Butte, except those listed in subsection 2.3.1 of this Bylaw. 3.1.2 All Development Permits will be issued in compliance with this Zoning Bylaw. Town of Pilot Butte ZONING BYLAW 3.1.3 A Development permit application for a Permitted, Discretionary, ancillary/accessory Use shall be made to the Development Officer and shall include the following requirements: a) A completed Development Permit applica- tion form. b) A Site Plan showing all lot lines, existing, and proposed building(s)/structure(s) and all setback distances to the front, rear, and side lot lines. c) Payment of the Development Permit application pursuant to Appendix C - Schedule of Fees. d) For Discretionary Use applications, include a written description of the proposed development describing: i. Intended use and operations ii. All existing and proposed building(s)/structure(s) to be located on the lot iii. Required municipal services (if needed) iv. Any other information Council determines is necessary to fully review the proposed development. e) For an application to be operated temporarily with up to twelve (12) months duration, include a written confirmation of the start date and end date for the use on the site. 3.1.4 The Development Officer and/or Council may require supplementary information, as pres- cribed in Section 3.14 of this Bylaw, to be submitted by the applicant prior to issuing a decision. 3.2 Procedures When Reviewing a Development Permit Application 3.2.1 The following procedures shall apply when reviewing a Development Permit application for any Permitted Uses: a) The applicant must submit the completed Development Permit application with all required supporting documentation to the Development Officer. b) The Development Officer will review the submitted information and documentation for compliance with this Bylaw, the Town's OCP, and any other applicable Town's policies and regulations as well as Provincial/Federal's regulatory legislations and Acts. c) The Development Officer may refer the Development Permit application to any government agencies, surrounding municipalities, legal, engineering or other professionals for consideration and comments. d) The Development Officer may issue a Development Permit for the use on the specific location and in conjunction with any development standards and conditions placed onto the Development Permit. The develop- ment standards and conditions shall be based on the provisions of the general site standards and other requirements of this Bylaw and the Town's OCP. e) The applicant will be notified of the Development Officer's decision in writing in which the Development Officer may issue one of the following decisions: i. Approval of the application: The Development Officer may approve the application without conditions. ii. Approval of the application with conditions: The Development Officer may approve the application with specific development standards and conditions with respect to the use or form of development. iii. Refusal of the application: The Development Officer may refuse an application given that valid reasons for the refusal are provided. 21 h) Any affected persons, applicants, building owners/occupants, or agents who have been impacted by a decision of the Town regarding the Development Permit application for a Permitted Use may be eligible to appeal the decision to the DAB. i) If the development or use authorized by a Development Permit is not commenced within one (1) year from the date of its issue, the Permit is deemed void unless an extension to the period has first been granted. An extension of up to a maximum of one (1) year may be granted by the Development Officer. The total time extension permitted on a Development Permit shall be one (1) year. 3.2.2 The following procedures shall apply when reviewing a Development Permit application for any Discretionary Uses: Town of Pilot Butte ZONING BYLAW f) The Development Officer may approve the Permitted Use under a limited time period where it is important to monitor and re- evaluate the proposal and its conformance with the specific permit conditions and under this Bylaw and Town's OCP. g) The applicant will be provided information regarding their right to appeal a decision to the Development Appeals Board (DAB) subject to Section 3.11. a) The applicant must submit the completed Development Permit application with all required supporting documentation to the Development Officer. b) The Development Officer will review the submitted information and documentation for compliance with this Bylaw, the Town's OCP, and any other applicable Town's policies and regulations as well as Provincial/Federal's regulatory legislations and Acts. c) The Development Officer may refer the Development Permit application to any government agencies, surrounding municipalities, legal, engineering or other professionals for consideration and comments. d) The Development Officer shall give notice of the received Development Permit application for a Discretionary Use subject to Section 2.4. e) After the public hearing, all written and verbal submissions in relation to the application will be taken into considera-tion along with all information and documents provided to Council by the Development Officer. f) The applicant will be notified of Council's decision in writing in which Council may issue one of the following decisions: i. Approval of the application: Council may approve the application without conditions. ii. Approval of the application with conditions: Council may approve the application with specific development standards and conditions with respect to the use or form of development. iii. Refusal of the application: Council may refuse an application given that valid reasons for the refusal are provided. g) Council may approve the Discretionary Use under a limited time period where it is important to monitor and re-evaluate the proposal and its conformance with the specific permit conditions and under this this Bylaw Town's OCP. h) The applicant will be provided informa-tion regarding their right to appeal a decision to the Development Appeals Board subject to Section 3.11. i) Any affected persons, applicants, build-ing owners/occupants, or agents who have been impacted by a decision of the Town regarding the Development Permit application for a Discretionary Use may be eligible to appeal the decision to the DAB. j) If the development or use authorized by a Development Permit is not commenced within one (1) year from the date of its issue, the Permit is deemed void unless an extension to the period has first been granted. An extension of up to a maximum of one (1) year may be granted by the Development Officer. The total time extension permitted on a Development Permit shall be one (1) year. 22 3.2.3 The following procedures shall apply when reviewing a Development Permit application for any developments identified as ancillary: a) The applicant must submit the completed Development Permit application with all required supporting documentation to the Development Officer. b) The Development Officer will review the submitted information and documentation for compliance with this Bylaw, the Town's OCP, and any other applicable Town's policies and regulations as well as Provincial/Federal's regulatory legislations and Acts. c) The Development Officer may refer the Development Permit application to any government agencies, surrounding municipalities, legal, engineering or other professionals for consideration and comments. d) The Development Officer may issue a Development Permit for the use on the specific location and in conjunction with any development standards and conditions placed onto the Development Permit. The development standards and conditions shall be based on the provisions of the general site standards and other requirements of this Bylaw and the Town's OCP. e) The applicant will be notified of the Development Officer's decision in writing to approve with or without conditions the application. f) The Development Officer will notify in writing the applicant if the application is refused only for the reason that there is noncompliance to the regulations set out in this Bylaw. g) The applicant will be provided information regarding their right to appeal a decision to the DAB subject to Section 3.11. h) Any affected person, applicants, building owners/occupants, or agents who have been impacted by a decision of the Town regarding the Development Permit application for a Permitted Use may be eligible to appeal the decision to the DAB. Town of Pilot Butte ZONING BYLAW i) If the development or use authorized by a Development Permit is not commenced within one (1) year from the date of its issue, the Permit is deemed void unless an extension to the period has first been granted. An extension of up to a maximum of one (1) year may be granted by the Development Officer. The total time extension permitted on a Development Permit shall be one (1) year. j) The procedure for any developments identified as ancillary shall have a flow chart similar to a Permitted Use as depicted in Appendix D - Development Permit Process. 3.3 Refusal of a Development Permit 3.3.1 A Development Permit shall be refused if it does not comply with this Bylaw and the Town's OCP. 3.3.2 Any reasons or rationale for the refusal shall be indicated on the refused Development Permit application. 3.3.3 The Development Officer shall not accept the submission of a Development Permit on the same parcel of land for the same use and/or form of development within a six (6) month period from the date of the first Development Permit refusal by the Development Officer, Council, Development Appeals Board or Saskatchewan Municipal Board. 3.3.4 If a Development Permit application on the same parcel of land for the same use and/or form of development is submitted within the six (6) month time period, Council may accept the Development Permit application by resolution of Council. 3.3.5 The applicant will be notified in writing of the decision and will be provided information regarding their right to appeal a decision for a Permitted Use or a Discretionary Use to the Development Appeals Board. 3.4 Changes in Decision 3.4.1 Where an approved development is not being developed in accordance with the provisions of this Bylaw, or with the standards and conditions specified in the Development Permit, Council or the Development Officer may issue an order to remedy under the provisions of Section 242 of the PDA regarding the improper development. 23 3.6.1 A Building Permit, where required, shall not be issued unless a Development Permit has been issued, or is issued concurrently. 3.7 Cancellation of a Development Permit 3.7.1 Council or the Development Officer may cancel a Development Permit, and when cancelled development shall cease: a) Where the Development Officer or Council is satisfied that a Development Permit was issued based on false or mistaken information. b) When a development or applicant requests a Development Permit modification. Town of Pilot Butte ZONING BYLAW 3.4.2 The Development Permit shall not be reissued or reinstated until all deficiencies have been corrected and documentation supporting the correction of the deficiencies have been submitted to the Development Officer. 3.5 Referral Under the Public Health Authority 3.5.1 Where required, the Development Officer shall provide a copy of any approved Development Permit application involving installation of water and sanitary services upon request to the Public Health Authority under The Public Health Act. 3.6 Concurrent Processing of a Development Permit and a Building Permit 3.8 Application for a Minor Variance to the Zoning Bylaw 3.8.1 An application may be made to the Development Officer for a Minor Variance to the Zoning Bylaw by the completion and submission of a Minor Variance application, and shall include the following: a) A completed Minor Variance application form. b) A Site Plan showing all lot lines, existing and proposed building(s)/structure(s) and all setback distance to each front, rear and side lot lines. c) Any other requirements prescribed in the application form as needed necessary. d) Payment of the Minor Variance application fee pursuant to Appendix C - Schedule of Fees. 3.8.2 The Development Officer may vary the general site requirements and development standards of the Zoning Bylaw subject to the following conditions: a) A Minor Variance may be granted for variation if all/any is applicable and met: i. The minimum required distance of a building from the lot line. ii. The minimum required distance of a building to any other building on the same lot. b) The maximum amount of the Minor Variance shall not exceed a 10% variation from the site requirements of this Bylaw. c) The development shall conform to the Zoning Bylaw with respect to the use of the land. d) The relaxation of this Bylaw shall not adversely affect neighbouring properties. 3.8.3 No Minor Variance shall be granted if all/ any is applicable: a) It is a Discretionary Use form or type of development. b) It is in connection with a Contract Zoning Agreement pursuant to Section 69 of the PDA, respecting the rezoning of land. c) It would be inconsistent with any provincial land use policies or SPI. 3.8.4 On receipt of an application for a Minor Variance, the Development Officer may issue one of the following: a) Approve the Minor Variance. b) Approve the Minor Variance and impose terms and conditions on the approval. c) Refuse the Minor Variance. 24 3.8.5 Where the Development Officer imposes terms and conditions on the approval the terms and conditions shall be consistent with: a) Minimizing adverse impacts on neighbouring properties. b) Providing adequate separation between buildings for safety reasons. c) Avoiding encroachment into adjoining property. 3.8.6 Where an application for a Minor Variance is refused, the Development Officer shall notify the applicant in writing and provide reasons for the refusal. 3.8.7 Where an application for a Minor Variance is approved, with or without terms and conditions being imposed, the Development Officer shall provide written notice to the applicant and to the assessed owners of property having a common boundary with the applicant's land that is the subject of the application subject to Section 2.4. a) If there is an objection, the approval of the Minor Variance will be revoked and the applicant will be notified of the decision and the right to appeal to the DAB within thirty (30) days. Town of Pilot Butte ZONING BYLAW 3.8.8 A decision that approves a Minor Variance, with or without terms and conditions, does not take effect: a) In the case of a notice sent by register-ed mail, until twenty-three (23) days from the date the notice was mailed. b) In the case of a notice that is delivered by personal service, until twenty (20) days from the date the notice was served. 3.8.9 If an application for a Minor Variance is refused or approved with terms and conditions, the applicant may appeal to the DAB subject to Section 3.11. 3.8.10 Every minor variance application that is applied under this bylaw shall be recorded and kept in the registry of the Town. 3.9 Zoning Bylaw Amendments 3.9.1 All requests made to the Town for a Zoning Bylaw Amendment must include the following: a) A completed Zoning Bylaw Amendment application form. b) A copy of the Plan of Proposed Subdivision, if the amendment includes a subdivision. c) A copy of the title(s) and parcel picture(s) for the land(s) involved, including any registered interests and/or easements which would be of importance in the review process. d) A written statement for the reasoning for the amendment. e) Any other requirements prescribed in the application form as deemed necessary. f) Payment of the administrative fees pursuant to Appendix C - Schedule of Fees. 3.9.2 Council may amend this Bylaw, either by its own initiative or by a request from the public, to achieve compliance with the Town's OCP or to alter any Zoning Districts. 3.9.3 The Development Officer may require supplementary information be submitted as part of the application to amend the Zoning Bylaw, in order to evaluate and make a recommendation regarding the application. 3.10 Zoning Bylaw Amendment Procedures 3.10.1 Subject to the PDA, the following proce- dures shall apply for Zoning Bylaw Amendments: a) The applicant must submit the completed Zoning Bylaw Amendment application form with all required accompanying documentation and fees to the Development Officer. b) The Development Officer will review the submitted information and documentation for compliance with this Bylaw and the Town's OCP, and other applicable bylaws, policies and regulation of the Town and/or the Province of Saskatchewan. 25 Town of Pilot Butte ZONING BYLAW c) The Development Officer may refer the Zoning Bylaw Amendment application to government agencies, surrounding municipalities, legal, engineering or other professionals for consideration and comments. d) The Development Officer will create a well- written report to Council summarizing the Zoning Bylaw Amendment application along with its associated maps, informa-tion and/ or supporting documentation. A detailed analysis and list of recommenda-tions will be included for Council's decision-making. e) The Development Officer shall release a special public notice subject to Section 2.4. f) The Administration will take into consideration all written and verbal submissions from public notice and hearing in relation to the application for Council's discretion. g) The Development Officer will create a follow- up report to Council after the public hearing which will include a co-llection and analysis of public input, and should provide a list of recommendations for Council's consideration and final decision-making. h) The applicant will be notified of Council's decision by regular mail and the applicant's right to appeal to the DAB subject to Section 3.11. 3.11 Development Appeals 3.11.1 An application to the Development Appeals Board (DAB) concerning a decision on an application must be made within thirty (30) days after the date the decision has been issued. 3.11.2 An affected person or applicant may appeal the decision to the following application or proposal: a) When the Development Officer refuses to issue a development permit because the proposal contravenes this bylaw. b) An alleged misapplication of this bylaw in the issuance of a development permit. c) When the Council approves a Discretionary Use permit application with development standards and conditions. (Note: Only the standards or conditions may be appealed, d) When a permit or a Minor Variance application is refused or approved with terms and conditions. 3.11.3 An appeal may not be made if: a) The proposed use of the Development Permit is not Permitted Use, or a Prohibited Use. b) The Council rejected a Discretionary Use Permit Application. c) The Council refused a land re-zoning application. d) The Council refused an application to amend this bylaw or the Official Community Plan (OCP). 3.11.4 In the event the decision issued to the Development Appeal application by members of the Development Appeals Board is found to be not satisfactory, the Council, appellant, or any other person may, file with the Saskatchewan Municipal Board a notice of appeal, in the form and manner established by the SMB, within twenty (20) days of receipt of a copy of the decision of the DAB. In the determining an appeal, the SMB may: a) Dismiss the appeal; or, b) Make any decision with respect to the appeal that the DAB could have made. 3.11.5 The Town of Pilot Butte has entered into an agreement with the Municipalities of the Town of Balgonie and the Village of Edenwold for the purpose of establishing the District Development Appeals Board (DDAB) under the Town's Bylaw No. 14-2021. The DDAB should have: a) At least three (3) members appointed by Council's resolution. In case of DDAB - each Council shall pass resolution. b) Members have 3 years term. c) Members are to elect Chairman of the Board for the whole term. 3.12 Contract Zoning and Agreement 3.12.1 The applicant may apply to Council to rezone land to permit a specific proposal that does not fit within any other Zoning District. not the decision to approve or refuse the development.) 26 3.12.2 Council may enter into an agreement with the applicant setting out a description of the proposal and reasonable terms and conditions concerning: Town of Pilot Butte ZONING BYLAW a) The uses of the land and buildings and the forms of development. b) The site layout and external design, inclu- ding parking areas, landscaping, and entry and exit-ways. c) Any other development standards consid- ered necessary to implement the proposal, provided that the development standards shall be no less stringent than those set out in the requested underlying Zoning District. d) Time limits within which any part of the described proposal or terms and conditions imposed must be carried out. 3.12.4 An agreement entered into runs with the land, and the Town shall register an interest based on the agreement in the land registry against the affected titles. On registration of the interest, the agreement binds the registered owner of the land affected by the agreement and the registered owner's heirs, executors, administrators, succe- ssors and assigns. 3.12.5 No use or development of land or build- ings that are the subject of an agreement entered into pursuant to the agreement may take place except in accordance with the agreement. 3.12.6 Council may declare any agreement entered into void if all/any applies: a) Any land or buildings that are the subject of an agreement are developed or used contrary to the provisions of the agreement. b) The development fails to meet a time limit prescribed in the agreement. 3.12.3 Council may, on application by the per-son who entered into the agreement or by any person who is the subsequent owner of the land: a) Vary the agreement; b) Enter into a new agreement; or, c) Extend any time limit prescribed in the agreement. 3.12.7 If the Council declares an agreement void, the land reverts to the Zoning District to which it was subject before rezoning. 3.12.8 If the Council intends to void an agreement, it shall give notice of the proposed cancellation and the effect of the cancellation in one issue of a newspaper that circulates in the Town. 3.12.9 If, after giving the required notice, the Council voids an agreement, it shall discharge the interest registered in connection with the agreement. 3.12.10 Before entering into an agreement with a person, Council may require the person to deliver a performance bond acceptable to the Council to ensure implementation of the agreement. 3.13 Use of the Holding Designation and Symbol "H" Subject to the policies of the Town's Official Community Plan, the Holding Designation "H" may be used in conjunction with any Zoning District to identify future use of land in order to manage development and subdivision proposals in phases. 3.13.1 Council may rezone any land by desig- nating the land with the Holding Symbol "H" on the Zoning District Map, in conjunction with any Zoning District (i.e., R1-H). 3.13.2 The holding provision and symbol mean that: a) New development shall be restricted in the area subject to the holding provision. b) Existing uses may continue, subject to the OCP and Zoning Bylaw development and subdivision standards. 3.13.3 The Zoning District regulations for the underlying Zoning District shall apply upon the removal of the Holding Symbol "H". 3.13.4 The Holding Designation may only be removed by an approved amendment to the Zoning Bylaw by Council. 27 3.14 Supplementary Information Requirements The following Supplementary plans, reports or studies may be required with Town's approval for any new development or re-development of a site through a Subdivision, Re-zoning or a Develop- ment Permit application. All Supplementary Information should be prepared with quality by professional groups or individuals. Any development adjacent to provincial highways may require a Traffic Impact Assessment. 3.14.1 A Concept Plan that may include all/any of the following: Town of Pilot Butte ZONING BYLAW a) Overall layout of the development/site. b) Proposed and existing land uses. c) Proposed phasing of the development. d) Density of the development/site. e) Numbers and sizes of proposed lots/units. f) List of proposed servicing and utilities (water, sewer, power, gas, etc.). g) All existing environmentally sensitive areas or hazardous lands. h) All existing heritage and/or archaeological areas. i) Surrounding and proposed transportation systems. j) Location and size plans for open space, pathways, buffer areas. k) Any other information required by the Local Authority 3.14.2 A Landscaping Plan that may include all/ any of the following: a) Location of all existing and proposed buil- dings/structures. b) Location of all above and below ground utilities, water, sewer, gas electrical, po-wer, etc. c) Location, height and material of any proposed screening, fencing and berms. d) Location, type and complete description of plant materials, including names, location, quantities, heights and spacing at installation. e) Location of all existing hard surfaces, par- king areas, sidewalks, driveways, patios, etc. f) Location and type of all existing vegetation to be preserved, as well as a description of how existing vegetation will be preserved during construction. g) Location, size and type of proposed sea-ting, lighting and other outdoor features. h) Location of all new pathways and connec-tion to any existing pathways. 3.14.3 A Heritage Resource Impact Assessment Report that may include all/any of the following: a) The presence and location of heritage sites within the project areas. b) Suitable mitigation measures that could be implemented. c) The content, structure, and importance of those heritage sites. d) The need for any mitigative follow-up report. 3.14.4 A Public Engagement Report that may include all/any of the following: a) A written report that outlines all proposed public engagement methods, opportunities and activities which will require Town's approval before commencement. b) In the case of completed public engage-ment activities, a report outlining all commu- nication methods, public and stakeholder meetings/sessions minutes, summary of feedbacks from open houses, surveys, etc. 3.14.5 A Pedestrian Access Plan that may include all/any of the following: a) All existing pedestrian access routes or facilities, such as sidewalks, pathways, walkways, etc. on and adjacent to the site. b) All new pedestrian access routes or facilities showing the connectivity to all principal buildings and existing pedestrian access routes and facilitates. 28 3.14.6 A Traffic Impact Assessment Report that may include all/any of the following: Town of Pilot Butte ZONING BYLAW a) Description of the sound level guidelines/ standards applied (methods). b) Noise sources and noise level forecasts. c) Noise impact assessment. d) Recommendation of the required mitigation measures. 3.14.9 A Geotechnical Report that may include all/any of the following: a) Report outlining the possibility of impacts on groundwater and other environmentally sensitive areas. b) Recommendation of identified areas to be avoided by development. c) Recommendation of conditions under which appropriate development may be approved. 3.14.7 A Vibration Impact Study that may include all/any of the following: a) Description of the vibration guidelines/ standards applied (methods). b) Vibration sources and forecasts. c) Vibration assessment. d) Recommendation of the required mitigation measures. 3.14.8 A Noise Impact Study that may include all/any of the following: a) A summary of existing traffic patterns and counts in the affected area. b) The potential impact of the proposal on the road and transportation system surrounding the development. c) An analysis to determine if it is possible to accommodate the proposal without the implementation of off-site changes. d) The mitigation measures and improvements that would be recommended and required to accommodate the proposal and a timeline for when these would be required. 3.14.10 A Hydrogeological Report that may include all/any of the following: a) Report outlining the possibility of impacts on groundwater and other environmentally sensitive areas. b) Recommendation of identified areas to be avoided by development. c) Recommendation of conditions under which appropriate development may be approved. 3.14.11 An Aquifer Protection Plan that may include all/any of the following: a) Site specific information and description of the groundwater and the local aquifer. b) A description of the sensitivity of the groundwater and local aquifer with respect to potential breach, contamination, depletion or other concerns. c) Consideration of the impact the proposal may have on the quality and quantity of the groundwater and local aquifer. d) Outline of proposed mitigation measures that will be implemented in order to preserve and protect the groundwater and local aquifer. 3.14.12 A Stormwater Management Plan that may include all/any of the following: a) Description of the amount of anticipated stormwater level. b) Site specific information and description of the available stormwater retention ponds/ lands. c) Consideration of the impact the proposal may have on the available stormwater retention ponds/lands. d) Outline of proposed mitigation measures that will be implemented in order to protect from land uses where run-off or spilled contaminants occur and be hazardous to retention areas for stormwater. 3.14.13 The Development Officer may refer some permit or amendment applications to any government agencies, surrounding municipalities, engineering, or other professionals for conside- ration and comments. 29 Town of Pilot Butte ZONING BYLAW 3.15 Servicing Agreement Involving a Subdivision of Land 3.15.1 Council may require the proponent to enter into a Servicing Agreement with the Municipality when a development proposal involves a subdivision to ensure appropriate servicing for the subdivision pursuant to the PDA. 3.16 Servicing Agreement Fees 3.16.1 Refer to the Town's Servicing Agreement Fees and Securities Policy. 3.17 Development Levy Agreement 3.17.1 Where a development requiring a permit is proposed in the absence of subdivision that results in additional capital cost incurred by the Municipality, the Local Authority may require the proponent to enter into a Development Levy Agreement, within 90 days after the day that the Town receives the Development Permit application, to address the specifications of the development and provisions for payment of any levy deemed necessary by Council pursuant to the PDA and the Town's Development Levy Study and the Hectare Fee Bylaw. 3.18 Development Levy 3.18.1 Refer to the Town's Development Levy Study covering the rationale for Development Levy to be imposed by Council to the applicable development proposals. 3.19 Other Agreements in Writing 3.19.1 When the proponent is responsible for installing or upgrading a service, facility or infras- tructure component at their own cost to service a development that does not require subdivision and where no development levy is required, but the service, facility or infrastructure component shall connect to a municipal service or facility, the Local Authority may require the proponent to enter into a Municipal Service Connection Agreement, within 90 days after the day that the Town receives the application, to specify the following: a) The required development standards for the service, facility or infrastructure component. b) The required construction methods or procedures. c) The warranty periods. d) Any required performance security and/or liability insurance. e) Any other information required to ensure that the construction or installation is carried out in accordance with the requirements of the Town including compliance with this Bylaw and the Town's OCP. 3.19.2 As a condition of a Development Permit, a Development Agreement may also be required to specify requirements, standards or conditions for the development. 3.20 Municipal Service Connection Fees 3.20.1 Refer to The Water and Sewer Management Control Bylaw to determine the water and sewer connection fees. 3.20.2 Other Municipal Service Fees may be determined by the Development Officer or any other Town employees or contractors appointed by Council upon assessing what municipal service, facility, or other infrastructure components may be required to directly service the specific develop-ment proposal. 3.21 Performance Security and Liability Insurance 3.21.1 Performance Security and/or Liability Insurance may be required as a condition of a Development Permit application approval, and as a condition of the Town's recommendation to approve a Subdivision Application. 3.21.2 Council may require the proponent to provide a Performance Security in the form of a letter of credit, or performance bond. Where a Performance Security is required, an agreement in writing shall be executed by the Municipality and the proponent to define application conditions. 3.21.3 Council may require the proponent to provide Liability Insurance to protect the Municipality, the proponent, and the public. Where Liability Insurance is required, an 30 3.22 Interest Registration 3.22.1 The Town shall register an Interest such as, but not limited to Development Levy Agreements, Servicing Agreements, Municipal Service Connection Agreements, Development Agreements, Contract Zoning Agreements, Geotechnical Reports, Easements, etc. and other documents against affected lands, to protect the Municipality and the public interests. Town of Pilot Butte ZONING BYLAW agreement in writing shall be executed by the Municipality and the proponent to define applicable conditions. 31 4.0 GENERAL SITE REGULATIONS The following general site regulations shall apply to all/any Zoning Districts stated in this section of this Zoning Bylaw. 4.1 Compliance Requirements 4.1.1 The provisions of this Zoning Bylaw shall be held to be the minimum requirements adopted for the promotion of public health, safety, and general welfare. 4.1.2 In addition to this Bylaw, compliance with the Town's Official Community Plan, the Building Bylaw and all other bylaws and policies in force within the Town of Pilot Butte is required. 4.1.3 All development proposals shall meet the requirements set out in this Zoning Bylaw, the OCP, and shall adhere to applicable regulations set out in the PDA and the SPI. 4.1.4 Compliance with the requirements of this Bylaw shall not exempt any persons from the requirements of any Federal, Provincial and/or Municipal legislations. A copy of any license, permit or approval granted by all/any Federal, Provincial and/or Local governing body may require to be submitted to the Town for records or enforcements. 4.1.5 Where the requirements of this Zoning Bylaw conflict with any other Federal, Provincial or Municipal requirements, the firmer and more stringent regulations shall prevail. 4.2 Number of Principal Buildings 4.2.1 Only one principal building per one lot shall be permitted, except for the following uses, which may have more than one principal building on a lot: 4.2.2 Consolidation of lots or subdivision is encouraged if the proposed development cannot meet the above subsection 4.3.1 as well as its associated site regulations and development standards in accordance with the Zoning District where the subject development will be located. 4.2.3 In the case of dwelling groups and multiple unit buildings, where a common wall separates dwelling units, each dwelling unit is considered to be a principal building. 4.2.4 Where a building on a site is attached to a principal building by a solid roof or by structural rafters, and where the solid roof or rafters extend at least one-third of the length of the building wall that is common with the principal building, the building is deemed to be part of the principal building. h) Recreational buildings. i) Residential care homes. j) Other uses allowed in accordance with a specific contract zoning agreement. Town of Pilot Butte ZONING BYLAW a) Commercial buildings. b) Dwelling groups. c) Educational institutions (e.g., school). d) Health facilities. e) Industrial buildings. f) Municipal facilities. g) Public utilities and infrastructure. 4.3 Non-Conforming Uses, Buildings and Sites 4.3.1 An existing land use, building or structure, or any site located within the municipal boundary that no longer conform to the Town's OCP or Zoning Bylaw due to the enactment of a new bylaw or any subsequent amendments may be transferred, sold, or continue its long-existing operation in accordance with provisions of Section 88 to 93 of the PDA. 4.3.2 An existing non-conforming use may be continued if the use conformed to the Bylaw that was in effect at the time of the development and the use has not been discontinued for twelve (12) consecutive months. 4.3.3 Non-conforming buildings or sites may continue to be used, maintained and repaired in their present form. 4.3.4 No enlargement, additions, or reconstruction of a non-conforming use, building or structure shall be undertaken, except in conformance with these provisions. 4.3.5 No existing use, building or structure shall be deemed to be non-conforming by reason only of the conversion of this Bylaw from the imperial 32 system of measurement to the metric system of measurement. 4.3.6 No existing non-conforming site shall be deemed to be non-conforming by reason only of its dimensions or area failing to at least equal the standards prescribed for proposed sites in the Zoning District in which the site is located. 4.4 Re-development of Non Conforming Sites and Uses 4.4.1 Where a principal or accessory building has been erected on or before the effective date of this bylaw, on a lot or site which does not meet the minimum requirements for frontage, site area, or front, side, or rear setbacks, the building maybe enlarged, reconstructed, repaired, or renovated provided that: a) The enlargement reconstruction, repair, or renovation does not further reduce the front, side, or rear yard setbacks that does not conform to this bylaw. b) All other applicable provisions of this bylaw and the Town's Building Bylaw are complied with. c) A Development Permit and Building Permit, if applicable, must be submitted to the Town for approval by the Development Officer prior to any alteration. 4.4.2 The property owner shall have the opportunity to construct additional development and/or buildings within the site for as long as the primary land use remains the same. Any Development Permit and/or Building Permit, where required, shall be submitted to the Development Officer for review and compliance with this Bylaw. 4.4.3 In the event that the property owner intends to re-develop any non-conforming site which will change the primary land use (e.g. from residential to commercial), the subject site shall conform to the Town's OCP and Zoning Bylaw requirements. 4.4.4 Conforming to the approved Town's planning bylaws may require the property owner to submit an OCP and/or Zoning Bylaw amendment application in order to re-zone, as required, the Zoning District where the site is currently situated, and where the land use indicated in the OCP's Future Land Use Map should take precedent in identifying the land use type compatible or complementary in the subject area, unless otherwise proposed by the applicant and approved by Council after thorough due process set out in the planning bylaws. 4.5 Site Consolidation and Parcel Tie 4.5.1 Where there is a development or a building proposal that has a lesser site area than what is required according to the development standards provided in a particular district of this Bylaw, a site or lot consolidation may be required by the Town to adhere to the required development standards. This excludes existing developments that are identified as non- conforming sites, unless re-development of the land is being proposed, in which case it shall comply with section 4.4 of this Bylaw. 4.5.2 An application for site consolidation must be submitted to the Saskatchewan Land Registry for review and approval. A Plan of Survey may be required and shall be prepared by a Saskatchewan Land Surveyor. Refer to the Information Services Corporation (Saskatchewan Land Registry) for further information and requirements. 4.5.3 Where there are two or more parcels that must be dealt with at the same time in the Land System, an application for parcel tie or tie code shall be submitted to the Saskatchewan Land Registry for review and approval. Refer to the Information Services Corporation (Saskatchewan Land Registry) for further information and requirements. Town of Pilot Butte ZONING BYLAW 4.6 Principal Building to be Moved 4.6.1 No Principal or Accessory building which would require a building permit shall be moved within, into or out of the area covered by this Bylaw without first obtaining an approved Moving Permit from the Building Officer. 4.6.2 The building being transported must comply with the Town's Building Bylaw. 4.6.3 Any other provision from the Building Bylaw deemed applicable by the Building Officer may be required. 4.7 Demolition of Buildings 4.7.1 No building or portion of a building, excluding accessory buildings, shall be demolished or removed within the Town's boundaries without first obtaining a Demolition Permit from the Building Officer. 4.7.2 The demolition must comply with the Town's Building Bylaw. 4.7.3 A separate Development Permit and/or a Building Permit will be required for any further re- development of the site. 4.7.4 A compaction test of the site may be required prior to any re-development of the site. 4.7.5 All materials, which were the result of the demolition must be safely removed to an off-site waste disposal facility within five (5) months from the date of the approved Demolition Permit. 4.7.6 A performance deposit may be required to be submitted by the property owner to the Town to ensure for the proper removal of all demolition materials. Refer to the Building Bylaw. 4.7.7 Any other provisions from the Building Bylaw deemed applicable by the Building Officer may be required. 4.8 Replacement of Buildings 4.8.1 When an applicant has submitted a Development Permit and a Building Permit for new construction, the purpose of which is to replace the existing building, the Development Officer may issue a conditional Development Permit for the new building subject to the following conditions: a) The existing building must be removed or demolished, and the site shall be properly leveled, graded, compacted, and cleaned within six (6) months of the date of issuance of the conditional Development Permit. b) Deposit cash, a certified cheque or another irrevocable Performance Security in the amount of $1,500 or higher depending on the analysis of the Development Officer, to be held by the Town until the requirements in subsection a) have been met. The Performance Security will be returned once all requirements have been met. The Performance Security may be redeemed to cover any costs associated with removal of buildings and structures or legal costs if the applicant has failed to remove or demolish the buildings or structures within the prescribed time period. The balance of the deposit, if any, shall be refunded to the applicant. 4.9 Restoration of a Site for Safety 4.9.1 The Development Officer may require all/ any of the following for the structural improvement, or restoration of any building, structure or site to a safe standard: a) A Development Permit. b) An inspection from the Town's Building Inspector. c) Installation of a fence surrounding the building, structure or site. 4.9.2 All costs associated with the required restoration to a safe condition of a site will be the responsibility of the applicant. 4.10 Grading and Leveling of a Site 4.10.1 A Development Permit is required for any excavations, grading, leveling and filling of a site. If the site is situated in or near a potentially flood prone area, the Development Permit may be referred to Water Security Agency for comments. 4.10.2 Any site proposed for a development shall be graded and leveled at the owners' expense to provide for adequate surface drainage, which does not adversely affect adjacent property, in accordance with the requirements of the Town of Pilot Butte and/or the approved (Master) Grading Plan. 4.10.3 All sites must be re-vegetated immediately following all excavations, grading or filling to prevent erosion. 4.10.4 Individual property owners are responsible to ensure compliance with the elevations shown on the approved (Master) Grading Plan of all grading and/or landscaping on the site. 4.10.5 Lot gradients shall follow the standards mentioned below, unless otherwise approved by an engineer and the Town as part of an approved drainage plan. 33 Town of Pilot Butte ZONING BYLAW 4.11.3 A Pre-Engineering Report may be required at Council's discretion, for subdivisions and/or developments, including re-development of a site, which are proposing new infrastructure or expansions to existing infrastructure including but not limited to water, sewer, storm water management, drainage or transportation. 4.12 Height of Buildings 4.12.1 The maximum height shall be the vertical distance measured from the grade level to the highest point of the roof surface if the roof is flat; the deck line of a mansard roof; and, to the mean height level between eaves and ridge for a gable, hip or gambrel roof. 4.12.2 The maximum height per building storey is 6.0 m (20 ft.). 4.12.3 The maximum building height shall not apply to the following: 34 Town of Pilot Butte ZONING BYLAW 4.10.6 In general, the lot gradients shall be such that the minimum slope in the front yard from the dwelling unit to the shoulder of the finished street shall not be less than two percent (2%), preferably at five percent (5%). 4.10.7 The minimum slope from the dwelling to the rear property line shall be one percent (1%) to the lower corner of the lot. 4.10.8 In cases where the back-yard slope is towards the house, the minimum slope shall be two percent (2%) with provisions to keep run-off at least 1.2 metres away from the house. Rear to front drainage shall be conducted along both sides of the house to the front street. 4.10.9 In general, the surface gradient away from a dwelling unit, on all sides, shall be two percent (2%) to a distance of at least 1.2 metres. On at least one side of the dwelling the surface gradient, from the 1.2 metre distance, shall be at least one percent (1%) and shall continue to the edge of the lot. 4.10.10 Walk-out houses shall have a minimum front to rear surface elevation differential of 2.4 metres. 4.10.11 Roof drainage shall be directed via downspouts away from the house towards the street or rear of the lot. 4.10.12 All underground and above ground utilities must be located and flagged prior to all excavations, filing and grading/levelling of a site. 4.10.13 In cases where noncompliant site grading causes off-site impacts such as flooding, the landowner shall be held responsible. 4.11 Engineering Analysis Required 4.11.1 A Geo-technical Report and/or Drainage Plan is to be prepared by a certified engineer and submitted to the Town for any proposed developments on or near potentially hazardous lands to determine the suitability of the site and to provide remedial measures. 4.11.2 The report must outline the suitability of the lot or lots for development and any remedial measures that may be required to ensure that the natural resource base is not irreparably altered. Remedial measures may be specified as conditions to the issuance of a Development Permit. a) Antennas. b) Chimneys. c) Church spires, belfries and cupolas. d) Mechanical penthouses and necessary mechanical appurtenances provided they are erected only to such heights as is necessary and provided they do not cover more than ten percent (10%) of the gross roof area upon which they are located. e) Monuments. f) Satellite dishes. g) Solar panels. h) Wind turbines. 4.13 Projections in Yards 4.13.1 The following projections in yards may be permitted subject to the setback requirements of The Construction Codes Act. 4.13.2 The following features may project into a front and rear yard of a site: a) Cantilevered construction for bay windows, box windows, chimney chase, bookcases, built in cabinets, gutters, windowsills, canopies, eaves, fire escape to a maximum projection of 0.61 m (2 ft.). 4.13.3 The following features may project into a side yard of a site when in conformance with The Construction Codes Act: a) Bay windows, window boxes and sills, belt courses, cornices, eaves and gutters to a maximum projection of 0.61 m (2 ft.). b) Cantilevered construction of fire escapes, chimney chases, bow windows, bookcases, built in cabinets, balconies and canopies to a maximum projection of 0.61 m (2 ft.) provided that the total area of all cantilevered feature shall not exceed 2.5 m2 (27 ft2) per floor level. c) Unenclosed decks of at least 0.61 m (2 ft.) above the finished grade may project to the side property line, subject to minimum setback of 1.2 metres. d) A satellite dish, radio tower or television antenna where attached to a principal dwelling having a maximum horizontal projection of 0.61 m (2 ft.) e) A wheelchair ramp may encroach into any side yard, but not encroach onto neighbouring property. 35 Town of Pilot Butte ZONING BYLAW b) Unenclosed decks of at least 0.61 m (2 ft.) above the finished grade, cantilevered balconies, and porches and steps to a maximum projection of 2.44 m (8 ft.). c) A satellite dish, radio tower or television antenna where attached to a principal dwelling having a maximum horizontal projection of 0.61 m (2 ft.). d) A wheelchair ramp may encroach into any front and rear yard, but not encroach onto neighbouring property. 4.13.4 No projections shall be permitted within a side yard required for vehicular access or parking where any portion of the said projection would be at an elevation lower than 2.44 m (8 ft) above the finished grade elevation measured at the corresponding side wall of the building. 4.13.5 In any commercial or industrial sites, where minimum front or rear yards are required, such minimum requirements shall not apply to prevent the construction or location of chimney chases, fire escapes, wheelchair ramps, steps or eaves and gutters of 0.61 m (2 ft.) or less. 4.14 Accessory Uses, Buildings and Structures 4.14.1 An accessory building, use or structure is allowed in any Zoning District, when a principal building, use or structure has been established and permitted. 4.14.2 Any proposal for an accessory building, use, or structure that exceeds the maximum height or exceeds 9.3 m2 (100 ft2) in area shall need a Discretionary Use Development Permit. 4.14.3 An accessory building or structure to be structurally detached from the principal building and/or any other accessory building shall have a minimum of 1 metre separation from wall to wall. 4.14.4 Private garages, carports, and accessory buildings attached to a principal building by a substantial roof structure shall be considered as part of the principal building and subject to the regulations of the principal building. 4.15 Prohibited Plantings on Municipal Properties 4.15.1 Plantings on Municipal Properties including the boulevards, alleys, roads or streets are prohibited unless permission from Council is obtained. 4.15.2 Refer to the Town's Urban Tree Policy. Permission may be required from the Town before pruning, removing, replacing, and/or planting on public property. 4.16 Public Works and Utilities 4.16.1 Any Public Works and Utilities, except for solid and liquid waste disposal uses, shall be permitted in all Zoning Districts and shall be subject to the following stipulations: a) Where required, a completed Development Permit application must be submitted to the Development Officer. b) All public works and utilities must conform to the site and setback requirements required by the Provincial Utility Agencies, and/or provided by the Zoning Districts to which they are located. 4.16.2 All new development shall be connected to the Town's water and sewer systems. 4.16.3 A reciprocal buffer of 457 metres shall exist between solid and liquid waste disposal sites and land used for residential purposes. 4.16.4 The Town and a Utility Company shall have access to all Public Works and Utilities at all times. Whether there is a registered easement or not for underground utilities situated on a private site, the outsider shall notify in writing the property owner of the intention to encroach the land. 4.16.5 The proponent shall submit a copy of all Provincial and Federal approvals, permits and licenses to the Town, where required. 4.16.6 Building and planting on areas that have Provincial and Municipal underground utilities are prohibited unless otherwise recommended on a Locate Report provided by the Provincial Utility Agency and approved at the discretion of Council. 4.17.5 Refer to the Operation of Vehicles Bylaw for provision of parking and storage on Municipal lands including streets and boulevards. Compliance 36 Town of Pilot Butte ZONING BYLAW (Note: The Town requires the property owner to contact the Sask 1st Call (National 'Click Before You Dig' Portal) at 1-866-828-4888 or www.sask1stcall.com to locate any underground utilities on a site first before constructing a building/structure and/or planting of trees and vegetation and prior to submission of a permit where required. Consult directly the Provincial utility agency for an up-to-date contact details or ask the Town Office.) 4.17 Municipal Property and Road Right-of-Way 4.17.1 The Town must have access to all Municipal properties and road right-of-ways at all times. 4.17.2 Permission is required from the Town before constructing, placing or moving anything onto Municipal property. 4.17.3 Any non-compliance vegetation, as per the Town's Urban Tree Policy, planted on Municipal property and/or within the road right-of-way may be removed in whole or in part by the Town, without notice to adjacent property owners. 4.17.4 No storage of any kind is permitted on Municipal property by surrounding owners, unless permission has been granted from the Town This excludes the storage needs of the Municipality. to any restrictions including the Snow and Ice Control Policy, etc. must be met. 4.18 Railway Crossings and Sight Distances 4.18.1 Refer to The Railway Act of the Province of Saskatchewan for necessary regulations, including required setbacks for any developments. 4.19 Site Size Adjustments 4.19.1 In all Zoning Districts, all minimum and/ or maximum site size requirements shall be as stated, except that the site size of the remnant parcel shall be deemed to be conforming in any of the following instances: a) Where roads, railways, pipelines and other linear public utilities, including their widening are subdivided or registered easements. b) Where adjustments are required due to irregularities in their primary survey system. 4.20 Frontage and Access 4.20.1 All developments which require public access are required to meet the minimum frontage as outlined in the Zoning Districts along with an all-weather registered road, except when the property owner has entered into an agreement with Council regarding road construction and/or improvements. 4.20.2 Two access points are required for all multi-parcel developments. 4.20.3 All access points connecting the internal road network of a development must be located, designed and engineered to Council's satisfaction. 4.20.4 Council may require the property owner to utilize mitigation measures, such as buffers, screens and setbacks, to minimize impacts of road systems and other transportation corridor development on surrounding lands, features and residential development. 4.21 Irregular Lot Frontage 4.21.1 Frontage for Irregular Lots shall apply on curved front lots and on corner lots that are perpendicular to the fronting street. 4.21.2 Where site frontage is along a cul-de-sac, curve or is irregular, the minimum and maximum site frontage shall be as stated in the Zoning District where it is located. 4.21.3 The minimum site frontage on curved front lots is measured as the width of the lot, where the side lot lines meet the minimum front yard setback requirement of the same Zoning District taken at the midpoint of the curve, and is parallel to the curve/street as shown in Figure 1. Figure 1. Calculating Lot Frontage on Curved Lots 4.21.4 The minimum site frontage on corner lots is measured as the width of the lot, where the side lot lines meet the minimum front yard setback requirement of the same Zoning District taken at the midpoint of the front lot line, and is parallel to the front lot line/fronting street as shown in Figure 2. Figure 2. Calculating Lot Frontage on Corner Lots 37 Town of Pilot Butte ZONING BYLAW 4.21.5 Notwithstanding the provisions of subsections 4.21.3 and 4.21.4 above, the Development Officer or Council has the right to request the minimum required frontage to be met at the property line (not different than a rectangular lot) for those cases where future building or development of the proposed lot or site may be limited by a reduced frontage at the property line. 4.22 Sight Triangle 4.22.1 In all Zoning Districts, no buildings, structures, fencing, landscaping (i.e. trees, bushes, earth pile, vegetation, etc.) and other objects shall be located within the sight triangle. 4.22.2 In the case of a street intersection, at a corner site, the measured distance shall be 6 metres or other distance as determined by the Development Officer or Council. 4.22.3 In the case of a lane or driveway intersecting a street, the measured distance shall be 3 metres or other distance determined by the Development Officer or Council. 4.22.4 In the case of agricultural zoned lands, the measured distance shall be 90 metres or other distance determined by the Development Officer or Council. 4.22.5 The Ministry of Highways may require a larger sight triangle due to the type of road and vehicle speed. Figure 3. Sight Triangle 4.22.6 The sight triangle is illustrated in Figure 3. 38 Town of Pilot Butte ZONING BYLAW 4.23 Lighting 4.23.1 All outdoor lighting from any development shall not interfere with the use and enjoyment of adjacent properties, and shall not interfere with the effectiveness of any traffic control devices, or the vision or safety of motorists. 4.23.2 Appropriate lighting of commercial and industrial development shall be undertaken to provide security and to add visual interest. Lighting standards and fixtures shall be of consistent design throughout a development and complementary to the overall architecture. 4.24 Signage 4.24.1 Permission from the Development Officer or Council shall be acquired before the installation, erection, display, alteration, relocation or replacement of any permanent or temporary sign. 4.24.2 No permanent or temporary signage shall be placed on or over public property unless approved by the Development Officer or Council. 4.24.3 For the purposes of this Bylaw, a sign shall be considered permanent if it is to be displayed indefinitely. 4.24.4 Temporary signs shall be valid for a maximum of 12 months from the approval date. 4.24.5 All signs must be maintained and mounted in a condition that is safe, neat, clean and not unsightly or dangerous. 4.24.6 Statements, words or pictures considered offensive and that do not conform to the amenities of the neighbourhood shall be prohibited. 4.24.7 Signs must be located so that they do not obstruct required sight lines or interfere with, distract from, obstruct the view of or to be confused with any authorized traffic sign, signal or device. 4.24.8 All signs must comply with the require- ments for the Zoning District where the sign is located. 4.24.9 In any commercial, industrial and community service sites: 4.24.10 In any residential sites: a) A maximum of one (1) permanent sign for a Home-Based Business Minor/Major permitted on the premises. b) The facial area of a sign shall not exceed 1.5 square metres. c) Digital signs must be at the discretion of Council. 4.24.11 All digital signs are subject to the following requirements: a) The gross surface area must not exceed 7.5 square metres. b) The height of any digital sign must not exceed 8.0 metres. c) The foundation for all free-standing signs exceeding 6.0 metres in height above the finished grade shall be structurally designed by a registered architect or professional engineer of the Province of Saskatchewan. d) The location of the digital sign must be approved by the Development Officer/ Council. a) A maximum of two (2) permanent signs are permitted for principal use on the premises. b) A sign, which may be double faced, shall not exceed 3.5 square metres. c) The maximum height of any sign shall be 6 metres above the finished grade. d) No commercial or industrial signs shall exceed the roof top of the adjacent buildings if the property is adjacent to a Residential Zoning District. e) Digital signs must be at the discretion of Council. e) Flashing images, live video streams, sound and flashing lights are not permitted. f) All digital signs must be equipped with a dimmer switch. g) Digital signs must be setback a minimum of 30 metres from any residential dwelling. h) All digital signs adjacent to any residential sites must be dimmed between the hours of 10:00 p.m. and 7:00 a.m. 4.24.12 Temporary signs may not exceed 1.5 square meters in size. 4.24.13 Temporary signs include: a) Election signage. b) Garage sale. c) Incidental signs containing traffic and pedestrian controls. d) Municipal, provincial or federal signage. e) Real estate advertising. f) Residential name plates. g) Signs advertising short-term residential construction projects (i.e. shingling, roofing, painting, etc.). h) Special event signage. i) Traffic control. 4.24.14 Temporary signage for private sale and special events may be displayed beginning seven (7) days prior to the start and must be removed twelve (12) hours after its conclusion. 4.24.15 Temporary signage for all short-term construction projects may be displayed for a maximum of twenty-one (21) days. 4.24.16 Temporary signage for any election, referendum or plebiscite is permitted thirty (30) days prior to the date of the election, referendum or plebiscite and must be removed twenty-four (24) hours after the closing of voting stations. 39 Town of Pilot Butte ZONING BYLAW 4.24.17 Businesses with a valid Town's approved permit or proof of business license may place advertising off-site where the land owner has provided proof of consent to the Development Officer. 4.24.18 Signs, including street or traffic signs erected by the Local Authority shall be exempt from these requirements. 4.25 Parking Restrictions 4.25.1 Parking on municipal lands (i.e. street, boulevard, road allowance, right-of-way, municipal reserve, etc.) shall comply with the applicable Town's bylaws and policies, including The Operation of Vehicles Bylaw. 4.25.2 Refer to The Operation of Vehicles Bylaw for provision of parking on municipal lands (i.e., street, boulevard, road allowance, right-of-way, municipal reserve, etc.) and shall adhere to applicable restrictions including the Snow and Ice Control Policy, etc. that are administered by the Town. 4.25.3 Off-street parking restrictions on a site within all/any Zoning Districts are as follows: a) Parking on the lawn with soft landscaping features within the front yard of a lot or site, is prohibited. Except for a front yard that is not highly visible to the public. b) Parking shall not restrict sightlines or adversely affect traffic safety. c) Parking shall not be excessive and cause any injurious or disruptive nuisances to adjacent properties. 4.26 Renting Residential Property Regulations 4.26.1 Compliance to the Office of Residential Tenancies (ORT), The Residential Tenancies Act, The Residential Tenancies Regulations, and The Annotated Residential Tenancies Act shall be at the discretion of the property owner. 4.26.2 Provision that renting residential property, regulated by the Provincial/Federal Authority, shall release the Municipality from any liability. 4.26.3 Notwithstanding subsection 4.27.1 above, the property owner is not released from any related regulations under this Bylaw. 4.27 Prohibited Uses and Noxious Developments 4.27.1 Any land use or development that is not specified in a Zoning District shall be prohibited, except for uses identified as "ancillary" in this Bylaw and in any other Municipal, Provincial or Federal Acts, policies and regulations. 4.27.2 No land, building or structure shall be used and/or developed for any purpose that is noxious. 4 a) Creation of noise/vibration. b) Emission of light/glare. c) Emission of gas, fumes, smoke, dust or objectionable odour. d) Reason of unsightly storage of goods, merchandise, salvage, refuse matter, motor vehicles, trailers or parts of vehicles/ trailers, machinery or other such material. 4.27.4 No development or use of land shall be permitted where the proposal will adversely affect domestic and municipal water supplies, or where a suitable, potable water supply cannot be furnished to the requirements of the Saskatchewan Health Authority and the Water Security Agency. 4.27.5 No development or use of land which requires solid or liquid waste disposal facilities shall be permitted unless those facilities are approved by the Saskatchewan Health Authority and the Water Security Agency. Disposal of liquid, solid, or gaseous waste shall be governed by Acts administered by the SHA and the WSA. 40 Town of Pilot Butte ZONING BYLAW 4.27.3 No land, building or structure shall be used or developed for any purpose that is likely to become a nuisance or offence by all/any of the following: 5.0 ANCILLARY USE DEVELOPMENT STANDARDS This section aims to provide regulations and standards for any land uses and developments identified as "ancillary" in this Zoning Bylaw. All uses and developments will remain subject to any relevant Municipal, Provincial or Federal Acts, policies and legislations. Developments or uses that are ancillary, depending on the use may require a permit or permission. 5.1 Private Yard Landscaping This section is intended to support beautification movements within the Town's boundary. Private Yard Landscaping is ancillary in all Zoning Districts and must be within the owner's property. 5.1.1 Private Yard Landscaping does not require a Development Permit. 5.1.2 Landscaping for subdivision development is excluded in this section. Refer to the Official Community Plan's Subdivision General Design Standards for landscaping requirements involving a subdivision develop9ment. 5.1.3 Any portion of the site not used for buildings, parking, storage, driveway or similar uses should have either, or combination of soft landscaping and hard landscaping in all Zoning Districts: a) Soft landscaping: consist of vegetation such as trees, shrubs, vines, hedges, flowers, grass and ground cover. b) Hard landscaping: consist of non- vegetative materials such as concrete, unit pavers, brick pavers or quarry tile, but does not include gravel, shale or asphalt. 5.1.4 Landscaped areas within a front yard of a lot or site should be free from parking purposes. 5.1.5 Existing vegetation such as trees, hedges or shrubs should remain, where possible, as long as it does not negatively impact the surrounding areas, and are supported by the Town's Urban Tree Policy. 5.1.6 All plant materials should be a species capable of healthy growth in Saskatchewan and shall conform to the standards of the Canadian Nursery Landscape Association. 5.1.7 To ensure that landscaping is completed to the standards specified in this Bylaw, a security shall be required for all new developments: a) For any new residential home, commercial or industrial building on a single lot, a refundable building deposit shall be paid upon the issuance of the Building Permit. The deposit is refundable after proof of completed landscaping where the property owner(s) shall provide full pictures of the landscaped area to the Town for review and approval. Refer to Refundable Building Bylaw. b) Nothing in this section shall preclude the Town from pursuing any other method of bylaw enforcement to ensure that the required landscaping is completed. 5.1.8 All new development or re-development of a site within any commercial or industrial districts are required to comply with the following landscaping requirements: a) A landscaped strip of land with a minimum width of 5 metres along the frontage of the site shall be provided and used for landscaping, pedestrian access and vehicular access. b) On corner lots, the addition of a 3 metre landscaped strip of land is required along the side lot line adjacent to the registered road, not including a lane. c) Where a site abuts any residential areas, a landscape strip of land with a minimum width of 5 metres shall be provided along the abutting site. 5.2 Fences and Hedges Installation of Fences and Hedges are ancillary uses in all Zoning Districts and must be within the owner's property. 5.2.1 Fences and Hedges do not require a Development Permit. 5.2.2 Maintenance of Fences and Hedges situated on a site shall be the property owner's responsibility. 5.2.3 No screening device shall be located within a sight triangle. 41 Town of Pilot Butte ZONING BYLAW 5.2.4 All fences may be constructed, or hedges to be located or grown, along a lot line only in conformance with the following regulations: a) Except where required for screening, a fence, hedge or shrub (excluding trees) shall not exceed 1.8 m (6 ft) in height. b) Corner lots: No fence, hedge, shrub, or tree shall be placed within the sight triangle. c) No wall, fence, hedge or shrub (excluding trees) located along any side or rear lot line, shall exceed 1.8 m (6 ft.) in height and along a front lot line shall exceed 1.0 m (3.3 ft.) in height. Source: Eric Ljung (2021) Restricted Fencing 5.2.5 Fences may be constructed of wood, concrete, brick, manufactured plastic boards, wrought iron, or chain link fence materials, or as otherwise proposed with Town's approval. 5.2.6 Barbed wire fencing is prohibited in all Zoning Districts except for public works and utilities sites (i.e., Town's lagoon, etc.), and permitted agricultural use. 5.2.7 Electrified fencing is prohibited in all Zoning Districts except where there is permitted agricultural use. Mandatory Fencing 5.2.8 Properties within M1, M2, and UH districts that are involved with industrial activities require a fence or privacy screen installation, and shall be at least 1.8 m (6 ft.) in height. 5.2.9 Properties within the UH district that are involved with agricultural activities (i.e. livestock operations) require a fence or privacy screen installation, and shall be at least 1.8 m (6 ft.) in height. 5.2.10 Residential subdivision adjacent to a provincial highway requires a sound barrier fence installation, that is maintenance free and at least 1.8 m (6 ft.) in height, to: a) Reduce the traffic noise. b) Provide physical boundaries between residential dwellings and highways. Source: Matt Moloney (2021) 5.2.11 Properties adjacent to railways requires a chain link fence or equivalent, and shall be at least 1.8 m (6 ft.) in height to prevent unauthorized access. 5.2.12 Except for portable, all private swimming pools located within residential sites and all public swimming pools situated on an open air and space must have fences or privacy screens as indicated in section 6.16 of this Bylaw. 42 Town of Pilot Butte ZONING BYLAW 5.3 Retaining Wall as Ancillary Structure Retaining Walls are ancillary structures in all Zoning Districts and must be within the owner's property. 5.3.1 Installation of a Retaining Wall higher than 0.61m (2 ft) requires a Development Permit and a Building Permit. Retaining walls under 0.61m (2 ft) do not require either a Development or a Building permit. 5.3.2 The Retaining Wall must not be an obstruction to cause drainage or surface run-offs onto neighbouring properties, except for any off- site swale, ditch, road, pond, or any waterbody that are designated as stormwater channels or retention areas to mitigate any drainage or flood problems. 5.3.3 All Retaining Walls are subject to the following regulations: a) Shall provide a Site Plan demonstrating the placement of retaining wall(s) in the subject property. Setbacks and other site requirements placed on a Zoning District in which it is located must be met. b) Shall submit a Drainage Plan illustrating how the surface run-offs will flow within or from the subject property towards designated off-site stormwater channels or retention areas. Elevation of the property must be clearly shown in the Plan. c) Foundation design must be engineered drawing for any Retaining Wall that is 2 feet or above in height. d) Geo-technical Report may be required to provide as part of Building Permit. Consult the Town for any copy of geo-technical report, if available, that can be obtained and submitted to the Building Official. 5.3.4 Where a Retaining Wall is set to combine with the fence or enclosure, the total height shall not exceed: a) Front lot line: 1.0 m (3.3 ft.) b) Rear lot line: 1.8 m (6 ft.) c) Side lot line: 1.8 m (6 ft.) 5.3.5 In the case of a corner lot, no Retaining Wall, whether combined or not with the fence, shall be placed within the sight triangle. 5.4 Trees and Other Vegetations This section is intended to support green move- ments within the Town's boundary. Planting Trees and Other Vegetations are ancillary in all Zoning Districts and must be within the owner's property. 5.4.1 Planting Trees and Other Vegetations do not require a Development Permit. 5.4.2 Refer to the Town's Urban Tree Policy before pruning, removing, replacing, and/or planting on private property. 5.4.3 The minimum setbacks for all trees are: a) 2.0 metres from the property line of a local street. b) 0.3 metres from all other property lines. c) Setbacks vary to provincial highways depending on the highway classification and should be confirmed by contacting the Ministry of Highways. 5.4.4 A Permit from the Ministry of Highways is required for all trees planted within 90 metres of a provincial highway right-of-way. 5.4.5 Any planting of Poplar trees is strictly prohibited in accordance with this Bylaw and the Urban Tree Policy. 5.5 Front Yard Edible Gardening This section is intended to support food security and green movements within the Town's boundary. Front Yard Edible Gardening is ancillary in all Zoning Districts and must be within the owner's property. 43 Town of Pilot Butte ZONING BYLAW Source: Priscilla Du Perez (2020) 5.5.1 Front Yard Edible Gardening does not require a Development Permit. 5.5.2 Front Yard Edible Gardening is subject to the following conditions: a) No more than 25% shall be allotted as a space for gardening within the front yard. Parking spaces, and driveways or approaches must not be compromised. b) Edible plants are permitted but shall not interfere with pedestrians or vehicles and shall not pose a hazard or an obstruction of view to the public. (An example of violation would be cucumbers that extend onto the sidewalk, or corn stalks that obstruct a neighbour's view of oncoming traffic from their driveway.) c) Front Yard Edible Gardening shall not extend to road allowances or municipal boulevards. Building a permanent structure, such as a raised bed or a garden tool shed within the road allowance or boulevard areas is prohibited. d) Front Yard Edible Gardening shall not interfere with the easement rights, if applicable, of utility owners. 44 Town of Pilot Butte ZONING BYLAW Note: The Town may require the property owner to contact the Sask 1st Call (National 'Click Before You Dig' portal) at 1-866-828-4888 or www.sask1stcall. com to locate any underground utilities on a site first before constructing any structure and planting. Copies of a Plan of Survey or Locate Report may be required to be submitted to the Development Officer for review. Consult directly the Provincial Utility Agency for an up-to-date contact details or ask the Town Office. 5.6 Growing Cannabis for Personal Use This section is intended to encourage responsible Cannabis planting within the Town's boundary. Growing Cannabis for Personal Use is ancillary in all Zoning Districts and must be within the owner's property. Refer to Provincial legislation that administers cannabis use for any required permit or license. 5.6.1 In all Zoning Districts , property where Cannabis is grown shall be fenced or screened to prevent access by the public, expecially including children. 5.6.2 Any signage to advertise Cannabis that is for personal use shall be prohibited to be placed in all yards of a lot within any Zoning District to which it is located. 5.6.3 Growing Cannabis for Personal Use shall be as per The Cannabis Act and related Federal and Provincial Acts or legislations concerning Cannabis. Proof of acquired permit, license, or registration, if applicable, may be required to provide to the Municipality for records. 5.6.4 Provision that Cannabis is regulated by Federal and Provincial Authority shall release the Municipality from any liability. 5.7 Outdoor Storage and Displays All Outdoor Storage and Displays are ancillary in all Zoning Districts and must be within the owner's property. Refer to The Nuisance Abatement Bylaw and the Yard Maintenance Policy administered by the Town for other restrictions, including inspection notices. Where there are clashing regulations, the more stringent regulations shall prevail to meet the purpose of that policy or bylaw. 5.7.1 A Permit for Outdoor Storage and Displays is not required unless otherwise determined by the Town. Residential 5.7.2 All residential sites shall be well maintained and free from waste and debris. 5.7.3 All outdoor storage is only permitted within the side and rear yards. 5.7.4 No Outdoor Storage and Displays shall be permitted in the front yard of any residential site. Unless they are temporary activities supported by the Town and are not displaying or storing items for more than one (1 day). 5.7.5 Displays longer than than twenty-four (24 hours may be allowable by the Town due to cultural or holiday practices where there is no nuisance caused to adjacent properties (e.g., garage sale, halloween displays, christmas displays, etc.). 5.7.6 Any building material, lumber, scrap metal, boxes and similar items stored in a yard shall be neatly stacked and elevated off the ground so as not to constitute a nuisance or harborage for rodents, vermin and insects. 5.7.7 All outdoor storage must be screened from view from adjacent roadways and properties. Screening device may include solid fence, landscaping features, berm, vegetative planting or any combination of the above. 5.7.8 Council may encourage special standards regarding the location of storage areas, setbacks or screening devices as deemed necessary to accommodate proper and tidy storage outside and within the site. Commercial/Industrial 5.7.9 All outdoor storage on commercial and industrial properties, including the commercial display of vehicles and equipment must be a minimum of 5 metres from property lines; must not block the vision of drivers on-site; and, must be located outside of the sight triangle. 5.7.10 Any building material, lumber, scrap metal, boxes and similar items stored in a yard shall be neatly stacked and elevated off the ground so as not to constitute a nuisance or harborage for rodents, vermin and insects. 5.7.11 All outdoor storage must be screened from view from adjacent roadways and properties. Screening device may include solid fence, landscaping features, berm, vegetative planting or any combination of the above. 5.7.12 Council may encourage special standards regarding the location of storage areas, setbacks or screening devices as deemed necessary to accommodate proper and tidy storage outside and within the site. 5.8 Junked Vehicles and Hazardous Materials 5.9 Keeping of Domestic Animals Keeping of Domestic Animals are ancillary in all Zoning Districts and must be within the owner's property. 5.9.1 Keeping of Domestic Animals may require permits, licenses or registrations administered by the Local, Provincial and/or Federal Authority. 5.9.2 Copies of any required permits, licenses or registrations may be required to submit to the Municipality for records and enforcement. 5.9.3 Keeping of Domestic Animals is subject to relevant Town's bylaws and policies, and/or Federal/Provincial Acts and legislations governing noise, smell, and public health. 45 Town of Pilot Butte ZONING BYLAW All outside storage of Junked Vehicles and Hazardous Materials are ancillary in all Zoning Districts and must be within the owner's property. Refer to The Nuisance Abatement Bylaw, the Operation of Vehicles Bylaw and the Yard Maintenance Policy administered by the Town for other restrictions, including inspection notices. Where there are clashing regulations, the more rigorous regulations shall prevail to meet the purpose of that policy or bylaw. 5.9.4 Domestic animals shall include cats, dogs, domestic birds, domestic rodents, and any other animal that is provided regular care and kept mostly indoors, but shall exclude domestic poultry (chickens), except where agricultural use of the land is permitted. 5.9.5 Refer to section 6.8 for provision of boarding and breeding kennels. 5.9.6 Regulations and required licenses for domestic dogs and cats shall be as per the Town's Dog & Cat Control Bylaw. 5.10 Garage and Yard Sales Garage and Yard Sales are ancillary in all Zoning Districts and must be within the owner's property. 5.10.1 A Permit for a Garage and Yard Sales is not required unless otherwise determined by the Town. 5.10.2 Garage and Yard Sales may be undertaken on any site provided the sale is conducted by residents of the subject sites, or by non-profit groups associated with church organization, school, community association or other similar group or organization. 5.10.3 No more than six (6) sales may be conducted from one site in one (1) calendar year, and any one sale may not last for more than three (3) consecutive days, unless otherwise stated at the discretion of Council. 5.11 Garage and Carport as Accessory Buildings All Garages and Carports as accessory buildings which are ancillary in all Zoning Districts must be within the owner's property. 5.11.1 Any Garage and Carport shall obtain a Development Permit and a Building Permit and shall comply with the setbacks and other site requirements placed on a Zoning District in which it is located. Any detached garage or carport of more han 93.0 m2 (1000 ft2) must be approved by Council. 5.11.2 Where a Garage and Carport is attached to the principal building by a substantial roof structure it shall be considered as part of the principal building and subject to the site regulations of the principal building. 5.12 Portable Garage and Shelter All Portable Garages and Shelters are ancillary in all Zoning Districts and must be within the owner's property. 5.12.1 A Development Permit for any Portable Garage and Shelter is required unless otherwise determined by the Town. Any structure over 10 m2 (107.6 ft2) requires a Building Permit. 5.12.2 Any Portable Garage and Shelter are subject to conform to the following regulations: a) Shall comply with the setbacks and other site requirements placed on a Zoning District in which it is located. b) Shall not exceed the maximum height of 4.27 m (14 ft.) and the maximum size of 27 m2 (290 ft2). c) The shape and size of the lot is adequate to accommodate the proposed portable garage and shelter. d) The Portable Garage and Shelter must not be located in the front yard. e) The structures will not negatively impact surrounding uses. f) Portable Garages and Shelters are adequately anchored. g) The Portable Garage and Shelter is not to be electrically wired or heated. 5.13 Deck and Patio as Accessory Structures Deck and Patio as accessory structures which are ancillary in all Zoning Districts must be within the owner's property. 5.13.1 A Deck by definition in the Bylaw must be at least 0.61 m (2 ft.) above finished grade and shall require a Development Permit and a Building Permit subject to the following conditions: 46 Town of Pilot Butte ZONING BYLAW a) Any unenclosed Deck may project a maximum of 2.44 m (8ft.) into the front or rear yard. b) Any unenclosed Deck may project into the side yard, subject to a minimum setback to the property line of 1.2 metres. c) Any enclosed Deck attached to the principal building shall comply with the setbacks required for the principal building. Otherwise, it shall comply with the setbacks and separation distance required for the accessory structure. 5.13.2 A Patio under 0.61m (2 ft) in height and composed of any material other than concrete whether raised from or built directly on the ground level requires a Development Permit and a Building Permit subject to the following conditions: a) Any Patio which falls under the definition above for a residential dwelling requires a Development Permit and a Building Permit provided that the site requirements are met on a Zoning District in which it is located. b) Patios for commercial properties must obtain a Development Permit and a Building Permit. c) Any unenclosed Patio may project to the front, rear or side yard, but shall not encroach onto neighbouring property. d) An enclosed Patio attached to the principal building shall comply with the setbacks required for the principal building. Otherwise, it shall comply with the setbacks and separation distance required for the accessory structure. 5.14 Shed as Accessory Structure All Sheds as accessory structures which are ancillary in all Zoning Districts must be within the owner's property. 5.14.1 Shed does not require a Development Permit and a Building Permit provided the following standards are met: a) Shall not exceed the maximum floor area of 10 m2 (107.6 ft2) and maximum height of 2.5 m (8 ft.). b) Shall meet the setbacks or other site requirements placed on a Zoning District in which it is located. 5.15.9 The Approach/Driveway shall be constructed with no resulting damage to the road shoulder, road surface side slopes and/or ditches. 47 Town of Pilot Butte ZONING BYLAW 5.14.2 Where the maximum floor area and height exceeds the development standards above, a Development Permit and a Building Permit will be required. 5.15 Approach/Driveway All Approaches/Driveways are ancillary in all Zoning Districts and must be within the owner's property. 5.15.1 A Permit for Approaches/Driveways may be required if not included with a Building Permit. 5.15.2 All Approaches/Driveways shall adhere to lot gradient requirements to prevent draining onto adjacent properties. 5.15.3 All Approaches/Driveways shall be constructed with hard-surfacing features. Landscaping features are also encouraged to appear visually aesthetic. 5.15.4 Legally non-conforming sites should be exempted from hard-surfacing features. Nonetheless, re-development of existing Approaches/Driveways with hard-surfacing features are encouraged. 5.15.5 The material used for the construction of the Approach/Driveway may not come from the road right-of-way. 5.15.6 No approach shall be constructed in such a manner as to restrict sight lines or in any way adversely affect traffic safety. 5.15.7 The property owner is responsible for ensuring the drainage is not compromised or altered during the construction and completion of the Approach/Driveway. 5.15.8 The development of new, modifications to, or removal of approaches/driveways adjacent to a Provincial Highway requires approval from the Ministry of Highways. 5.15.10 The property owner shall be responsible for locating all utilities within the right-of-way and ensuring that construction does not result in any damage or interference. 5.15.11 The property owner shall be responsible for the maintenance of the Approach/Driveway. 5.15.12 When the Town becomes aware of a non- conforming approach, written notice shall be provided to the landowner of the approach specifying the remedial work that must be completed and the time-frame for completion. 5.15.13 If the owner has not completed the remedial work to the satisfaction of the Town or has not completed it within the specified time- frame, Council may require that the remedial work be completed by the Town at the landowner's expense, and all costs incurred by the Town in completing the remedial work shall be paid by the landowner. 5.15.14 Approach/Driveway requirements for specific Zoning Districts can be found within Table 1. 5.16 Loading and Unloading Spaces Development of Loading and Unloading Spaces are ancillary in all Zoning Districts and must be within the owner's property. 5.16.1 A Permit for Loading and Unloading Spaces may be required if not included with a Building Permit. 5.16.2 The property owner shall obtain an approved Loading/Unloading Space Permit prior to construction. 5.16.3 All Loading and Unloading Spaces to be located within any of Municipal properties requires permission from Council. 5.16.4 On a site where the use of a building involves the receipt, distribution or dispatch by vehicle of materials, goods or merchandise, space for such vehicles for standing and/or loading and unloading shall be provided without restricting access to other parts of the site. 48 Town of Pilot Butte ZONING BYLAW 5.19.2 Provision to utilize any Municipal properties for installation of any Bicycle Ancillary Structures requires permission from Council. 5.19.3 Where applicable, all bicycle parking spaces shall meet the following requirements: a) Each bicycle parking space must be a minimum of 0.7 metres in width, and 1.8 metres in length. b) A bicycle parking space must be located in a visible area adjacent to buildings or public roadways, wherever possible, and shall be well-lit. c) Any bicycle parking structure that can be installed to secure bicycle parking shall be provided within the space. 5.16.5 The location of the Loading and Unloading Spaces must allow for safe and convenient access for larger vehicles and trucks without impeding traffic within the site and the surrounding area. 5.16.6 The required minimum Loading and Unloading Spaces along with minimum dimensions can be found within Table 2. 5.17 Off-Street Parking Off-Street Parking developments are ancillary in all Zoning Districts and must be within the owner's property. 5.17.1 A Permit for Off-Street Parking may be required if not included with a Building Permit. 5.17.2 All required Off-Street Parking shall be clear of any access driveways, drive-thrus, aisles, ramps, signs, bins or similar obstructions and shall conform to the parking space dimensions within Table 3. 5.17.3 The minimum Off-Street Parking space standards are listed within Table 4. When the calculation of parking space requirements results in a fractional number, the fractional number shall be rounded up to the nearest whole number. 5.17.4 One barrier-free parking space shall be provided for every 50 required parking spaces. A minimum of one barrier-free parking space shall be provided for any required parking facility with four or more required parking spaces. 5.18 Recreational Vehicle Parking Recreational Vehicle Parking is ancillary in all Zoning Districts and must be within the owner's property. Recreational Vehicles may be parked on the owner's driveway but may not encroach sightlines. Refer to the Town's Operation of Vehicles Bylaw 5.19 Bicycle Ancillary Structures This section is intended to enhance sustainable mobility within the Town's boundary. All Bicycle Structures are ancillary in all Zoning Districts and must be within the owner's property. 5.19.1 A Permit for Bicycle Structures is not required unless otherwise determined by the Town. Source: Brett Jordan (2021) 5.20 Solar Panels and Wind Turbines This section is intended to promote sustainable energy developments within the community of Pilot Butte. All Solar Panels and Wind Turbines are ancillary in all Zoning Districts and must be within the owner's property. 5.20.1 Installation and operation of Solar Panels and Wind Turbines may not require a Development Permit. A Building Permit or other Provincial permits shall be required. Zoning Districts Minimum Top Width Maximum Top Width Special Requirements R1, R1A, R2, R3, RS1, and RS2 districts 4 metres 10 metres - Extensions to existing driveways may not exceed 10m in width and must be constructed with the same material as the existing portion of the driveway. - Corner lots may request approaches onto both adjacent roads and must be approved by the Development Officer C1, C2, M1, M2 and AGM districts 4 metres No maximum - Corner lots may request approaches onto both adjacent roads and must be approved by the Development Officer; and, - Two (2) approaches may be approved by the Development Officer based on the intensity of use. CS district 4 metres No maximum - Two (2) approaches may be approved by the Development Officer based on the intensity of use. UH district 4 metres 10 metres - Installation of a minimum 400m culvert may be required by the Development Officer. Table 1. Approach/Driveway Requirements Table 2. Loading and Unloading Spaces Requirements Gross Floor Area Number of Spaces Required Minimum Space Dimensions Under 800 m2 One (1) space Width: 5.5 metres Length: 12 metres Height Clearance: 4.2 metres Between 800 m2 to 5,500 m2 Two (2) spaces Between 5,500 m2 to 10,000 m2 Three (3) spaces Greater than 10,000 m2 Three (3) spaces plus one (1) space for each additional 5,000 m2 of gross floor area Table 3. Parking Space Dimension Requirements Type of Parking Space Minimum Dimension Accessible parking space 3.9 m by 6.0 m for one space; or 6.3 m by 6.0 m for two spaces side by side Parallel parking space 2.7 m by 6.7 m Parking spaces other than the above 2.7 m by 6.0 m 49 Town of Pilot Butte ZONING BYLAW Table 4. Off-Street Parking Space Minimum Requirements Developments/Uses Minimum Requirements Single-Detached Dwelling Two (2) parking spaces per single residential building. Dwelling Groups One (1) parking space per residential unit. Multiple Unit Building One (1) parking space per building unit. Bed and Breakfast Homestay One (1) parking space per accommodation unit (additional to the parking requirements for the principal building). Residential Care Home One (1) parking space per staff member plus one (1) parking space per every five (5) persons enrolled in the facility. Secondary Suite One (1) parking space (additional to the parking requirements for the principal building or use). Garage/Garden Suite One (1) parking space (additional to the parking requirements for the principal building or use). Place of Worship One (1) parking space per 10 seats in main assembly area or one (1) parking space per 20 m² of gross floor area of main assembly area, whichever is greater. Home Day Care One (1) parking space per ten (10) persons enrolled in the day care. School One (1) parking space per each staff member plus five (5) parking spaces per high school classroom. Community Centre, Facility, or Recreation Centre One (1) parking space per 34 m² of the building floor area. Recreational Uses One (1) parking space per 24 m² of gross floor area or for outdoor recreational uses one (1) space per four (4) persons at design capacity. Day Care Centre One (1) parking space plus one (1) parking space per ten (10) persons enrolled in the facility. Commercial Uses One (1) parking space per 34 m² of gross leasable floor area. Food and Beverage Services One (1) parking space per 10 m² of gross floor area devoted to the public. Hotels/Motels One (1) parking space per guest room. Industrial Uses One (1) parking space per three (3) employees at the peak period but not less than one (1) parking space per 150 m² of gross floor area. 50 Town of Pilot Butte ZONING BYLAW a) Shall not exceed, if freestanding, a height of 10 metres above grade level. b) Shall not exceed, if attached to a principal building, a height of 10 metres above the lowest elevation of: i. Roof surface of a flat roof. ii. The decking of a mansard roof. iii. The eaves of a gable, hip or gambrel roof. c) Shall not exceed, if attached to or erected upon an accessory building, the maximum permitted height of the accessory building upon which such structure is attached or erected. Source: Bill Mead (2021) 51 Town of Pilot Butte ZONING BYLAW 5.20.3 All Wind Turbines are subject to the following standards: 5.20.4 Where Solar Panels and Wind Turbines do not meet these standards, a Development Permit is required. 5.20.2 All Solar Panels are subject to the following stipulations: a) Wind turbines are limited to a maximum height of 50 metres. b) Wind turbines are limited to a maximum name plate capacity of 100kW. c) The setback of a wind turbine to any public road right-of-way and railway right-of-way shall be greater than or equal to the height of the wind turbine. d) The setback of a wind turbine to any property boundary shall be greater than or equal to the height of the wind turbine. 52 Town of Pilot Butte ZONING BYLAW 6.0 DISTINCT LAND USE DEVELOPMENT STANDARDS This section addresses special provisions, development standards and land use requirements that apply to the following selected uses and developments that are either listed as Permitted, Discretionary, or Prohibited Uses within the Zoning Districts. 6.1 General Land Use Requirements 6.1.1 Council may require supplementary information to be submitted, as per Section 3.14 of this Bylaw. 6.1.2 Council may limit the daily, weekly, or seasonal hours of operation of any businesses, including home-based businesses. 6.1.3 All signage and advertising must comply with Section 4.24 of this Bylaw. 6.1.4 The use shall not generate substantially more traffic or parking congestion than is normal for the district in which the use is located. 6.1.5 Where applicable, a Development Permit and/or a Building Permit application including its associated fees shall be required to be submitted to the Municipality. 6.1.6 In addition to those conditions specified in this Zoning Bylaw, Council shall place any additional conditions for approval deemed necessary based upon a specific application to ensure compliance with this Bylaw and the goals, objectives and policies stated in the Town's Official Community Plan. 6.2 Terms and Conditions for Discretionary Use Approvals 6.2.1 Discretionary uses, discretionary forms of development, and associated accessory uses are subject to the development standards and applicable provisions of the Zoning District in which they are located. 6.2.2 In considering the possible approval of a Discretionary Use, Council shall consider the following items and may prescribe conditions and/or specific development standards as part of any approval to minimize land use conflict related to, but not limited to: a) The impact on the Town's services and the neighbourhood surrounding the proposed lot. b) The nature, size, shape, elevation and surface drainage of the lot. c) The size, shape and arrangement of buildings. d) Access and traffic type, volume and patterns for persons and vehicles. e) Number and location of parking and loading facilities. f) Appropriate space for vehicle line ups for drive through commercial facilities to reduce disruption of traffic flows on adjacent roadways. g) Mitigation measures to prevent noise, glare, dust and odour. h) Time limits or hours of operation for the type of use. i) Control of the intensity of use. j) Landscaping, screening, fencing, and preservation of existing vegetation to buffer adjacent properties. k) The placement of lighting and signage. 6.3 Home-Based Business (Minor) 6.3.1 A Home-Based Business (Minor) shall be conducted within the principal dwelling unit only. 6.3.2 No exterior alterations shall be completed to make the appearance of the principal dwelling inconsistent with the residential character of the building, property or neighbourhood. 6.3.3 Exterior storage of goods, materials or equipment related to the Home-Based Business (Minor) is prohibited. 6.3.4 The residents of the principal dwelling shall be the only employees for the Home-Based Business (Minor). 6.3.5 A Home-Based Business (Minor) shall not generate more than three (3) clients at one time to the site from which the home-based business is operating. 53 Town of Pilot Butte ZONING BYLAW 6.3.6 A Home-Based Business (Minor) shall have a maximum floor area of 25% of the principal dwelling. 6.3.7 Parking facilities, where required, shall be provided in accordance with Section 5.17 of this Bylaw. 6.3.8 Signage and advertisement for the Home- Based Business (Minor) shall be subject to Section 4.24 of this Bylaw. 6.3.9 No nuisance from noise, vibration, smoke, dust, odour, heat, glare, electrical or radio disturbance shall be produced by the home-based business; and, at all times the privacy and enjoyment of adjacent dwellings shall be preserved. 6.3.10 All uses listed in Subsection 6.3.11 may be allowed as a home-based business, provided: a) They are not considered a prohibited use as described in Section 6.5 of this Bylaw. b) They meet the development standards for home-based businesses contained in this section, if applicable. c) They meet the approval requirements, when required, of all other governmental agencies. d) They meet the purpose and intent of home- based businesses as defined in the Town's OCP. 6.3.11 Home-Based Business (Minor) includes but is not limited to: a) Accounting. b) Bakery kitchen. c) Catering kitchen. d) Crafting including paper, plastic, etc. except for any industrial art like such as wood working, metal work, etc. that may cause excessive noise. e) Drafting design office/studio. f) Hair/Esthetics salon. g) Massage therapy. h) Pet Grooming. i) Photography studio. j) Teaching including online curriculums. k) Web/Graphic design office/studio. l) Any other home-based businesses that the Town considered to be as minor. 6.4 Home-Based Business (Major) 6.4.1 A Home-Based Business (Major shall be conducted within either the principal dwelling or an accessory building on the same lot or site. 6.4.2 No exterior alterations shall be completed to make the appearance of the principal dwelling inconsistent with the residential character of the building, property or neighbourhood. 6.4.3 Exterior storage of goods, materials or equipment related to the Home-Based Business (Major is prohibited. 6.4.4 A maximum of three (3 employees in addition to the residents of the principal dwelling are permitted to work in the Home-Based Business (Major). 6.4.5 A Home-Based Business (Major) shall not generate more than five (5) clients at one time to the site from which the home-based business is operating. 6.4.6 A Home-Based Business (Major) shall have a maximum floor area of 25% of the principal dwelling. 6.4.7 Parking facilities, where required, shall be provided in accordance with Section 5.17 of this Bylaw. 6.4.8 Signage and advertisement for the Home- Based Business (Major) shall be subject to section 4.25 of this Bylaw. 6.4.9 No nuisance from noise, vibration, smoke, dust, odour, heat, glare, electrical or radio disturbance shall be produced by the home-based business; and, at all times the privacy and enjoyment of adjacent dwellings shall be preserved. 6.4.10 Any Home-Based Business open for public visiting hours must acquire a Building Permit. Emergency lighting, fire extinguishers, guards, handrails, and a second exit may be required. 54 Town of Pilot Butte ZONING BYLAW 6.4.11 All uses listed in Subsection 6.4.12 may be allowed as a home-based business, provided: a) They are not considered a prohibited use as described in Section 6.5 of this Bylaw. b) They meet the development standards for home-based businesses contained in this section, if applicable. c) They meet the approval requirements, when required, of all other governmental agencies. d) They meet the purpose and intent of home-based businesses as defined in the Town's OCP. 6.4.12 Home-Based Business (Major) includes but is not limited to: a) Bed and breakfast homestay. b) Boarding and breeding kennels. c) Dance studio. d) Home day care. e) Industrial crafting or fabrication except for welding, metal works, salvaging, recycling, warehousing, cabinet making or furniture making that are more appropriate in a commercial or an industrial district. f) Music or instrumental studio. g) Personal care home. h) Private gym or fitness studio. i) Related pandemic healthcare business activities. j) Vehicle repair and mechanical works. k) Any other home-based businesses that the Town considered to be as major. 6.5 Home-Based Business Prohibited Uses 6.5.1 Without limiting the authority of the Development Officer and Council to deny applications for other types of home-based businesses which do not meet the requirements of this Bylaw or any other applicable Town's bylaws and policies, or would be more appropriately located in industrial or commercial sites, the following uses are prohibited as home-based businesses, whether or not applications for such uses would otherwise comply with the applicable standards of this Bylaw: a) Any business utilizing radio transmission equipment. b) Any use that creates noise, vibration, smoke, dust, odour, air pollution, heat, glare, bright light, hazardous or unacceptable waste, electrical, television or radio interference detectable by sensory perception or by scientific instruments, at or beyond the boundaries of the building, or beyond the unit walls within a multiple unit dwelling containing the home-based business. c) Businesses utilizing large power tools and machinery or requiring external venting, vacuums, blowers or exhaust ports. d) Highly intensive industrial uses, including but not limited to welding, metal works, salvaging, recycling, warehousing, cabinet making or furniture making. e) Highly intensive veterinary services, boarding, grooming or care of animals. f) Laundry services. g) On-site dine in restaurants and drinking establishments. h) On-site sale of any products, goods or merchandise (garage sale is exempted). i) Photographic or video studio involving adult or sexually oriented subject material. j) Sharpening services, printing, screen printing, dying services, food packaging, upholstery, engraving and embroidery services that require the use of commercial or industrial equipment. k) Tattoo or body modification services. l) The cultivation, harvesting, production, processing, manufacturing, packaging, testing, retail sale, storage or shipping of cannabis or goods and products derived from cannabis. m) The sale, storage or service of firearms, fireworks or ammunition. 55 Town of Pilot Butte ZONING BYLAW n) Any other home-based businesses that the Town considered to be as prohibited uses. 6.6 Off-Site Business Service Operation 6.6.1 Notwithstanding Sections 6.3, 6.4, and 6.5, any (home-based) businesses that are to be primarily operated off-site shall not require a Development Permit. These include but not limited to: a) Delivery service of online store products. b) Insurance selling service. c) Land surveyor service or related service. d) Landscaping yard service. e) Mobile catering food services. f) Newspaper or paper advertisement distribution/delivery service. g) Photography and videography service. h) Plumbing and heating furnaces service. i) Professional career personal service such as legal/law advisor, engineering advisor, financial advisor, etc. j) Snow removal service. k) Any other (home-based) businesses that the Town considered to be as an off-site business service operation. 6.6.2 Proof of certificates to validate the business are highly encouraged. Business certificates are not required to be provided to the Town. 6.6.3 Provision that business owners or operators are accountable to their customers, clients, or professional organization, if applicable, shall release the Municipality from any liability. 6.7 Bed and Breakfast Homestay considered Home-based business (Major) 6.7.1 A Bed and Breakfast Homestay may be located within a single-detached dwelling, secondary suite, garage/garden suite, or dwelling groups used as the operator or property owner's principal residence. No exterior alterations shall be undertaken which would be inconsistent with the residential character of the building, property, or neighbourhood. 6.7.2 A maximum of two (2) guest bedrooms shall be permitted in a dwelling operating as Bed and Breakfast Homestay. Parking requirements shall be subject to Section 5.17 of this Bylaw. 6.7.3 No food preparation or cooking spaces/ facilities shall be provided within any bedroom or suite available for rent (with the exception of a mini-fridge and microwave). 6.7.4 A Bed and Breakfast Homestay shall meet the requirements of the Building Inspector/ Fire Chief. Source: Laurenz Heymann (2020) 6.7.5 Signage and advertisement for the Bed and Breakfast Homestay shall be subject to Section 4.24 of this Bylaw. 6.8 Boarding and Breeding Kennels 6.8.1 Boarding and Breeding Kennels shall be discretionary uses in selected Zoning Districts of the Town. 56 Town of Pilot Butte ZONING BYLAW 6.8.2 An outdoor area must be provided for animals to run free, without being chained, in an area enclosed by a fence which provides safety for the animals and neighbours to the satisfaction of Council. 6.8.3 Outdoor animal enclosures may not be located in front yards. 6.8.4 No building, structure, or exterior exercise areas, to be used to accommodate animals shall be allowed within 300 metres of any dwelling unit located on adjacent sites. 6.8.5 All facilities shall be screened from existing residential units on adjacent sites through the use of appropriate landscaping and fencing. 6.8.6 The kennels shall at no time unduly interfere with the character of the area or the general use and enjoyment of adjacent sites. 6.8.7 Boarding and Breeding Kennels are subject to relevant Town's bylaws and policies, and/or Federal/Provincial Acts and legislations governing noise, smell, and public health. 6.8.8 All Provincial and Federal approvals, licenses and permits must be submitted to the Town for records and enforcements, if applicable. 6.8.9 Provision that Boarding and Breeding Kennels are regulated by Federal/Provincial Authority shall release the Municipality from any liability. 6.8.10 Where Boarding and Breeding Kennels for home-based businesses may not meet all regulation under this section, however, shall comply with the following: a) The specific type and number of animals to occupy shall be at the discretion of Council. b) Other regulations, other than this section, that in the opinion of Council shall be met. 6.9 Residential Care Home Type I 6.9.1 A Residential Care Home Type I must be approved as the primary use or facility of a residential or a commercial property. 6.9.2 The maximum number of residents, excluding all staff and any resident owner/ operator is ten (10). Source: Dominik Lange (2018) 6.9.3 No exterior alterations shall be completed to make the appearance of the principal dwelling inconsistent with the residential character of the building, property or neighbourhood. 6.9.4 No building or structure used for the purpose of a residential care home shall be used for the purpose of keeping boarders, lodgers, or persons for short-term or vacation rental. 6.9.5 The use shall be conducted entirely within the principal building. 6.9.6 The required parking spaces may be located within the front yard, excluding natural areas. 6.9.7 Parking facilities shall be provided in accordance with Section 5.17 of this Bylaw. 6.9.8 All Provincial and Federal approvals, licenses and permits must be submitted to the Town. 6.9.9 All Residential Care Homes Type I must comply with the setbacks set forth within the specific Zoning District where the care home is located. 6.9.10 Provision that a Care Home is regulated by Federal/Provincial Authority shall release the Municipality from any liability. 6.10 Residential Care Home Type II 6.10.1 A Residential Care Home Type II must be approved as the primary use or facility of a residential or a commercial property. 57 Town of Pilot Butte ZONING BYLAW 6.10.2 The minimum number of residents, excluding all staff and any resident owner/operator is eleven (11). 6.10.3 No exterior alterations shall be completed to make the appearance of the principal dwelling inconsistent with the residential character of the building, property or neighbourhood. 6.10.4 No building or structure used for the purpose of a residential care home shall be used for the purpose of keeping boarders, lodgers, or persons for short-term or vacation rental. 6.10.5 The use shall be conducted entirely within the principal building. 6.10.6 The required parking spaces may be located within the front yard, excluding natural areas. 6.10.7 Parking facilities shall be provided in accordance with Section 5.17 of this Bylaw. 6.10.8 All Provincial and Federal approvals, licenses and permits must be submitted to the Town. 6.10.9 All Residential Care Homes Type II must comply with the setbacks set forth within the specific Zoning District where the care home is located. 6.10.10 Provision that a Care Home is administered by Federal/Provincial Authority shall release the Municipality from any liability. 6.11 Personal Care Home-considered Home-based business (Major) 6.11.1 A Personal Care Home must be approved as a secondary use to the residential dwelling. 6.11.2 The maximum number of residents, excluding all staff and any resident owner/operator will be determined by Council. 6.11.3 No exterior alterations shall be completed to make the appearance of the principal dwelling inconsistent with the residential character of the building, property or neighbourhood. 6.11.4 No building or structure used for the purpose of a residential care home shall be used for the purpose of keeping boarders, lodgers, or persons for short-term or vacation rental. 6.11.5 The use shall be conducted entirely within the principal building. 6.11.6 The required parking spaces may be located within the front yard, excluding natural areas. 6.11.7 Parking facilities, where required, shall be provided in accordance with Section 5.17 of this Bylaw. 6.11.8 All Provincial and Federal approvals, licenses and permits must be submitted to the Town. 6.11.9 All Personal Care Homes must comply with the setbacks set forth within the specific Zoning District where the care home is located. 6.11.10 Provision that a Care Home is regulated by Federal/Provincial Authority shall release the Municipality from any liability. 6.12 Garage/Garden Suite To simplify regulations, the Garage Suite and the Garden Suite are treated the same in this Bylaw. 6.12.1 A Garage/Garden Suite must be an accessory dwelling to the principal dwelling on a lot. 6.12.2 Only one of a Secondary Suite or a Garage/Garden suite is permitted on a lot except those within R2 district. 6.12.3 The size of Garage/Garden Suite building is to be a minimum of 37.2 square meters to a maximum of 74.4 square meters with a maximum building height of 8 metres. 6.12.4 A Garage/Garden Suite may be located in any yard provided setbacks and separate distances are met. 6.12.5 A Garage/Garden Suite may be situated above the existing attached or detached garage of a principal dwelling. 6.12.6 A Garage/Garden suite must be placed on a permanent foundation and shall be securely anchored to the ground with a system approved by the Building Inspector. 58 Town of Pilot Butte ZONING BYLAW Source: Best Calgary Homes (2021) 6.12.7 Elevation, grading and surface drainage shall conform to the approved Grading and Drainage Plan and shall comply with any building and engineering standards. 6.12.13 The placement of the Garage/Garden Suite must not adversely affect surface water run- off or create drainage problems. 6.12.14 A Site Plan showing the location of the proposed Garage/Garden Suite and all the setback distances from the suite to each property line and existing building on the lot must be submitted to the Development Officer with the required Development Permit and Building Permit. 6.12.15 Requirements set out in the approved Building Permit, The Construction Codes Act, and the Town's Building Bylaw shall be met. 6.12.16 The Garage/Garden Suite must not unduly interfere with the amenities or change the character of the neighbourhood, materially interfere with or affect the use and enjoyment of adjacent properties, adversely impact upon the environment or result in excessive demand on Town services, utilities, or roadway access. 6.12.8 Setbacks for a Garage/Garden Suite shall be the same as an accessory building for the zone where the suite is located. 6.12.9 A detached Garage/Garden Suite must be separated with a minimum distance of 4.0 metres from the single-detached dwelling on the same lot, unless attached to the primary dwelling. 6.12.10 A Garage/Garden Suite must be self- contained unit, and at minimum has: a living room; bathroom; kitchen; and, one bedroom. The maximum number of bedrooms permitted within a garden/garage suite is two (2. 6.12.11 Required off-street parking requirements and standards shall adhere to Section 5.17 of this Bylaw. 6.12.12 All utilities such as sewer, water, gas, electricity and telephone may either be supplied through the principal dwelling on the lot, or a Garage/Garden Suite may have its own utility services. 6.13 Secondary Suite 6.13.1 A Secondary Suite is an accessory dwelling unit that is attached to any floor or side of a principle building on a lot, as depicted in diagrams in the next column. 6.13.2 A Secondary Suite located under the primary dwelling may also be cited here as a legal "basement suite", which is a type of Secondary Suite and shall hold the same regulations as prescribed in this section. 6.13.3 A Secondary Suite must be located within an existing principal dwelling with a separate access. 6.13.4 A Secondary Suite may be permitted subject to conditions on a lot that contains dwelling groups, mobile homes, community service buildings, or commercial and industrial buildings. 6.13.5 A Secondary Suite shall be developed in such a manner that the exterior of the principal building containing the Secondary Suite shall appear the same as the primary building from a public road or street. No exterior alterations shall be completed to make the appearance of the principal building inconsistent with the residential character of the building, property, or neighbourhood. 59 Town of Pilot Butte ZONING BYLAW Source: Building Links (2017) 6.13.6 Only one of a Secondary Suite or a Garden/Garage Suite is permitted on a lot or parcel except within R2 district. 6.13.7 The minimum floor area for a Secondary Suite is 37.2 square metres. 6.13.8 The maximum floor area for a Secondary Suite shall not be more than the lesser of any of the following: a) 80% of the total floor area of all stories of the principal dwelling unit, excluding the garage and common spaces serving both units. b) 74.4 square metres. 6.13.9 The setback restrictions and separation distances, if applicable, to other buildings and structures on the same site shall be the same as the zone in which the Secondary Suite will be located. 6.13.10 Elevation, grading and surface drainage shall conform to the approved Grading and Drainage Plan and shall comply with any building and engineering standards. 6.13.11 Required off-street parking requirements and standards shall adhere to Section 5.17 of this Bylaw. 6.13.12 The Secondary Suite must be a self- contained unit and at a minimum includes: a living room, bathroom, kitchen and one bedroom. The maximum number of bedrooms permitted within a Secondary Suite is three (3). 6.13.13 A separate entrance for a Secondary Suite, if applicable, shall be situated by the side or rear only of a principal building. The access to a Secondary Suite shall clearly be secondary only and not perceived as a main entrance of the primary building. 6.13.14 Secondary Suites to be located within R1, R1A and R2 districts must have at least one property owner's primary residence on the subject lot. 6.13.15 All utilities such as sewer, water, gas, electricity and telephone may either be supplied through the principal dwelling on the lot, or a Secondary Suite may have its own utility services. 6.13.16 Requirements set out in the approved Building Permit, The Construction Codes Act, and the Town's Building Bylaw shall be met. 6.13.17 The Secondary Suite must not unduly interfere with the amenities or change the character of the neighbourhood, materially interfere with or affect the use and enjoyment of adjacent properties, adversely impact upon the environment or result in excessive demand on Town services, utilities, or roadway access. 60 Town of Pilot Butte ZONING BYLAW 6.14 Accessory Dwelling in a Non- Residential Use 6.14.1 Where a commercial or an industrial site intends to have an accessory dwelling in addition to the principal building, a Development Permit and a Building Permit are required to be submitted by the property owner to the Development Officer for Council approval. 6.14.2 An accessory dwelling for a caretaker, owner, or manager of a commercial or an industrial principal use may be permitted subject to the following conditions: a) A caretaker's dwelling shall be permitted as an accessory use to a non-residential use and shall be deemed to be a dwelling unit subject to all other regulations in this Bylaw, the Town's Building Bylaw and other applicable bylaws and policies. b) Every caretaker's quarters shall be screened and located where its visibility from streets and abutting properties is minimal. c) The resident of the caretaker's quarters shall be the occupant or an employee of the occupant of the principal use, receiving monetary or comparable payment for caretaker service. d) Parking facilities shall be provided for the dwelling in accordance with Section 5.17 of this Bylaw. 6.15 Shipping Container as Accessory Structure 6.15.1 Shipping Containers that are for a temporary period no longer than three (3) days are ancillary in all Zoning Districts. 6.15.2 Shipping Containers cannot be placed permanently in all residential sites unless permission from Council is obtained. 6.15.3 Shipping Containers can be placed permanently in all commercial and industrial sites and may be used for business purposes with the following stipulations: b) A structural design plan by a professional engineer that should present the entry/exit door and any other required items by the Building Official shall be submitted along with the Building Permit to the Development Officer. c) The shipping containers may be required to be anchored by the Building Official. 6.15.4 Shipping Containers may be placed permanently in community service and urban holding areas but must obtain permission from Council. a) A Building Permit shall be submitted to the Development Officer as required by the Building Official. 6.15.5 Shipping Containers that are for construction purposes shall be removed from the residential site when construction is complete or after a maximum of six (6) months, whichever comes first. If an extension is required, a written request must be made to the Development Officer. 6.15.6 All Shipping Containers must be located within the side yard and/or rear yard only of any residential site. 6.15.7 All Shipping Containers must comply with the setbacks set forth within the specific Zoning District. 6.15.8 Shipping Containers shall not be stacked atop one another. 6.15.9 No human or animal habitation is permitted within a Shipping Container. 6.15.10 Shipping Containers shall not be used for the storage of junk, trash, other forms of refuse or other hazardous substances or perishable items. 6.15.11 Shipping Containers may not be placed on a permanent foundation unless required by the Building Official. 6.15.12 No windows, plumbing, electrical or mechanical improvements may be installed on any Shipping Container. 6.15.13 A Development Permit and a Site Plan showing the location of the Shipping Container and all lot lines with setback distances must be submitted to the Development Officer. 6.15.14 The maximum number of Shipping Containers permitted per lot can be found within Table 5. 61 Town of Pilot Butte ZONING BYLAW Table 5. Number of Permitted Shipping Containers in Each Zoning District Zoning Districts Number of Permitted Shipping Containers R1, R1A, R2, R3, RS1 and RS2 districts Temporary shipping container: Maximum of one (1). Permanent shipping container: Not permitted. C1 and M1 districts Temporary shipping container: Maximum of one (1). Permanent shipping container: Maximum of three (3). C2, M2 and AGM districts Temporary shipping container: Maximum of three (3). Permanent shipping container: Maximum of five (5). CS and UH districts Temporary shipping container: Maximum of one (1). Permanent shipping container: Not permitted. 6.16 Swimming Pools Source: Marcelo Uva (2019) Private swimming pool 6.16.1 Swimming Pools including accessory hot tubs with permanent foundations are accessory structures to the principal building of any residential site. Refer to the Town's Swimming Pool Bylaw for further restrictions. An approved Swimming Pool Development and Building Permit are required prior to construction of the pool. Public Swimming Pool 6.16.2 In accordance with The Public Health Act, any permanent Swimming Pools for public use shall be subject to the requirements and necessary applications set out in The Swimming Pool Regulations. 6.16.3 Swimming Pools may either be principal or accessory uses to any commercial or community service sites. An approved Development Permit and a Building Permit, if applicable, are required prior to construction of the pool. Construction 6.17 Shipping Container Building A building, including dwellings, that will undergo shipping container (sea can) construction are deemed prohibited uses in all Zoning Districts due to its complex materials. 6.18 Modular and Ready-To-Move Buildings All buildings, including dwellings, that will undergo modular and ready-to-move (RTM) off-site construction are deemed discretionary uses in all Zoning Districts due to their complex styles and foundations. Accessory or ancillary structures made of or out of Modular and RTM constructions are exempted. 6.18.1 The applicant shall submit a Development Permit and a Building Permit, describing the proposal and its intention to the Development Officer for Council's approval. 6.18.2 The applicant is required to submit plans certified by a professional engineer to the Town for review. 6.18.3 Modular and RTM buildings shall be placed onto a new permanent residential site building foundation. Source: Bailey Homes (2021) 62 Town of Pilot Butte ZONING BYLAW 6.18.4 Modular and RTM buildings must be in conformance with building standards as per The Construction Codes Act. 6.18.5 Requirements set out in The Construction Codes Act, The Fire Prevention Act, The National Fire Code, the Town's Building Bylaw and this Zoning Bylaw shall be met. 6.18.6 In the event of refusal of any modular or RTM building, the applicant may not appeal the decision of Council to the Development Appeals Board. 6.18.7 Modular and RTM buildings must not unduly interfere with the amenities or change the character of the neighbourhood, materially interfere with or affect the use and enjoyment of adjacent properties, adversely impact upon the environment or result in excessive demand on Town services, utilities, or roadway access. 6.19 Mobile Homes and Buildings 6.19.1 The applicant shall submit a Development Permit and a Building Permit, describing the proposal and its intention to the Development Officer for approval. 6.19.2 The applicant is required to submit plans certified by a professional engineer to the Town for review. 6.19.3 Site preparation, foundation, and anchorage of mobile homes/buildings shall comply with the CSA- Z240 Standard, unless otherwise required in The Construction Codes Act. 6.19.4 Requirements set out in The Construction Codes Act, The Fire Prevention Act, The National Fire Code, the Town's Building Bylaw and this Zoning Bylaw shall be met. Source: Charlie Grant (2021) 6.19.5 Parking facilities, where required, shall be provided in accordance with Section 5.17 of this Bylaw. 6.19.6 In the event of refusal of any mobile home and building in the district to which it is permitted use, the applicant may appeal the decision of Council to the Development Appeals Board. 6.19.7 In the event of refusal of any mobile home and building in the district to which it is discretionary or prohibited use, the applicant may not appeal the decision of Council to the DAB. 6.19.8 Mobile homes and buildings must not unduly interfere with the amenities or change the character of the neighbourhood, materially interfere with or affect the use and enjoyment of adjacent properties, adversely impact upon the environment or result in excessive demand on Town services, utilities, or roadway access. 6.19.9 A Building Permit is required in order to move a Mobile Home in or out of the Town of Pilot Butte. 6.20 Mobile Home Court and Mobile Home Parks This section informs the development requirements for any existing and future mobile home courts to be located within the Town's boundary. 6.20.1 A lot or parcel that is described as a Mobile Home Court shall be predominantly used for mobile home dwellings and for residential uses. 6.20.2 Utility services for all mobile homes placed within the Mobile Home Court may be dependent on the main administration building within the Court. Otherwise the Town may also allow independent utility service per mobile home. 6.20.3 All mobile homes to be placed within the Mobile Home Court shall comply with the site requirements and development standards set out in RS2 district and other site regulations prescribed in this Bylaw. 6.20.4 All mobile homes to be moved-in and moved-out of the Mobile Home Court are required to meet The Construction Codes Act requirements. Development Permit and Moving Permit 63 Town of Pilot Butte ZONING BYLAW applications are required to be submitted for Town's review. Whereas a Building Permit may be required at the discretion of the Building Inspector. 6.20.5 Where a Mobile Home Court intends to be occasionally used for recreational activities, the use may be allowed at the discretion of Council. Permission from Council must be obtained. 6.20.6 Recreational vehicles, mobile homes, or motor home trailers for recreational purposes may be placed for occasional periods on designated Mobile Home Park lands at the discretion of Council. 6.21 Tiny Home as Principal Building 6.21.1 Any "tiny home" which has between 100 and 400 square feet, shall be deemed as a prohibited building to any lot or site. 6.21.2 Any tiny home existing prior to the adoption of this Bylaw, shall be considered as legally non-conforming. 6.22 Surface Bare Land Condominium This section informs the development requirements of any condominium proposal whether for residential, commercial, institutional, industrial, community service, or mixed-use developments. 6.22.1 Surface Bare Land Condominiums shall comply with the site requirements set out in the Zoning District in which it is located. 6.22.2 Each bare land unit situated within the Surface Bare Land Condominium shall meet the site requirements set out in the Zoning District in which it is located. handle the added development. The development will not cause excessive traffic to pass through existing low-density residential areas. 6.23.2 The density of a Dwelling Group will not be significantly different from development with single principal buildings on subdivided lots. 6.22.3 Each bare land unit shall meet the minimum frontage requirements on either common property or a registered road right-of- way. 6.22.4 Front, rear, and side setbacks for bare land units are measured to the boundaries of the bare land units. 6.23 Dwelling Groups 6.23.1 The size and location of the development will be consistent with the capacity of the street to 6.23.3 All parking areas, private garages or vehicular access to units within a Dwelling Group should be from common property located internally in the site. 6.23.4 Parking facilities shall be provided in accordance with Section 5.17 of this Bylaw. 6.23.5 Building separations, setbacks, and other site requirements as stated in the Zoning District to which it is located shall be met. 6.23.6 Dwelling Groups may include the following: Source: NewRock Developments (2022) a) Semi-detached dwellings and townhouses that are divided vertically or arranged side-by-side. b) Duplex, triplex, fourplex, or apartment dwellings that are either divided horizontally (up-down) or arranged vertically (side-by-side). 6.24 Hotel/Motel 6.24.1 All Hotels/Motels composed of five (5) or more units should be located on a site adjacent to the road right-of-way to provide convenient vehicular access to employees and guests. 6.24.2 All Hotels/Motels should have vehicular access to a public street from at least two (2) points which are sufficiently separated to provide 64 Town of Pilot Butte ZONING BYLAW 6.24.3 The size and location of the development will be consistent with the capacity of the street to handle the added development. The development will not cause excessive traffic to pass through existing low-density residential areas. 6.24.4 All parking areas or vehicular access to units within a Hotel/Motel development should be from common property located internally in the site. 6.24.5 Parking facilities shall be provided in accordance with Section 5.17 of this Bylaw. 6.24.6 Building separations, setbacks, and other site requirements as stated in the Zoning District to which it is located shall be met. 6.24.7 Any Hotel/Motel that will be constructed out of modular or RTM building construction shall be at the discretion of Council. 6.24.8 All Hotels/Motels shall meet the requirements of the Building Inspector/Fire Chief. 6.24.9 Signage and advertisement for the Hotel/Motel shall be subject to Section 4.24 of this Bylaw. 6.24.10 All Provincial and Federal approvals, licenses and permits, if applicable, must be submitted to the Town. 6.25 Community Garden Community Garden is either a permitted use or a discretionary use in selected Zoning District subject to the requirements of this section. 6.25.1 A Community Garden may include the following uses: Source: Brian Wangenheim (2021) a) The cultivation, growing, and harvesting of any agricultural, floricultural, or horticultural commodity, except the planting of cannabis. b) Greenhouses, hoop houses, cold frames, and similar structures for the growing of plants, excluding cannabis. c) Open space for active and passive recreational amenities including children's play areas, safe lounge structures for senior and handicapped people, etc. d) Sheds, gazebos, pavilions, garden beds, and similar structures as accessory uses. e) Farm stand as an accessory use for display and sale of agricultural products. f) Compost bins as an accessory use. 6.25.2 A Community Garden is subject to the following regulations: a) Community Gardens shall comply with the minimum lot size and width in the Zoning District in which it is located. b) All accessory uses or structures must comply with the setbacks in the Zoning District in which it is located. Source: Kelly Sikkema (2018) c) Lots used as Community Gardens must comply with the coverage requirements of the Zoning District in which it is located. 65 Town of Pilot Butte ZONING BYLAW d) The height of structures shall be in conformance with accessory building height requirements of the Zoning District in which it is located. e) The applicant shall demonstrate that sufficient parking spaces and loading spaces will be available or provided for all uses proposed. Off-street parking areas may be unpaved or surfaced with gravel or other loose material. f) Parking facilities shall be provided in accordance with Section 5.17 of this Bylaw. g) Signage for a Community Garden shall be in accordance with Section 4.24 of this Bylaw. h) Setbacks and other site regulations for a Community Garden shall be in accordance with the site requirements in the Zoning District in which it is located. i) All Provincial and Federal approvals, licenses and permits must be submitted to the Town. j) Composting is restricted with the following: i. Designated composting areas shall be screened from adjoining residences and residential districts. ii. Composting areas and structures must be maintained in a way that protects adjacent properties from nuisance, odours, the attraction of rodents or other pests, and runoff onto adjacent properties. iii.Composting materials shall only be generated on-site. k) Sales of produce from a Community Garden shall be regulated consistent with garage sales in residential zones. Source: Quin Engle (2020) Source: Conscious Design (2020) l) Farm stands do not have a minimum front setback requirement, but are not permitted within the street right-of-way. m) The hours of operation shall be developed at the discretion of the Town and protect neighbours from light, noise, disturbance or interruption. n) The land shall be serviced by a water supply sufficient to support the cultivation practices used on-site. o) The site must be designed and maintained so that water and fertilizer will not drain onto adjacent property. p) All seed and fertilizer shall be stored in sealed, rodent-proof containers. q) Processing or storage of plants or plant products is prohibited on site. r) Gardening tools and supplied may be stored within an accessory building. s) A Community Garden shall be conducted in such a way that no traffic congestion, noise, glare, odour, smoke, vibration, fire hazards, safety hazards, electromagnetic interference, or otherwise, shall be noticeable at or beyond the property line. t) A Community Garden shall comply with any other Performance Standards set out by the Town. 66 Town of Pilot Butte ZONING BYLAW u) Community Gardens and their users shall comply with all Local and Provincial regulations concerning the use and storage of pesticides. 6.25.3 Any applicant proposing a Community Garden must submit a Development Permit application identifying the following: a) Location map and property address. b) Name and contact information of person or organization. c) All existing and proposed structures and buildings. d) Location and height of proposed structures and buildings including sheds, containers, animal housing, coops, hives, compost facilities, landscaping and fencing. e) Description of the proposed operation and activities, and retail sales (if permitted). f) Distance between structures/activities and neighbouring properties. g) Driveways, access drives, parking areas, and loading areas. h) Location and adequacy of sewage facilities (if required). i) Stormwater plan (if required). j) Proposed operating dates/times. k) Estimated number of separate plots to be cultivated by individuals. l) Landscaping plan. m) Certify compliance with all applicable Local/Provincial regulations and permits. 6.26 Cannabis Retail Outlet 6.26.1 Cannabis Retail Outlets are not permitted in any Zoning District in this Bylaw 6.27 Excavation and Stockpiling of Aggregate 6.27.1 An application for the stockpiling or excavation of aggregate shall include the following documentation: a) A Site Plan showing the location of the area of the operations, all property lines, distances to properties lines, all existing buildings/structures and fences and safety features. b) The depth of excavation and quantity of material to be removed. c) A description of the excavation, stripping, or grading operation proposed, including the hours of operations. d) A detailed phasing program covering the time span of the proposed operation. e) A description of reclamation and rehabilitation measures to be conducted both during and following the operation. f) A description of the measures to be taken for the prevention and lessening of dust and other nuisances during and after the operation. g) A description of any road maintenance measure to be conducted and proposed truck routes. h) Confirmation from the Heritage Developer's Online Screening Tool (Ministry of Parks, Culture and Sport) that identifies whether or not the proposed site is Heritage Sensitive. i) A Restoration Plan detailing all activities involved in preparing the site for its final land use, providing a timeline for these activities, etc. Source: Zac Edmonds (2021) 67 Town of Pilot Butte ZONING BYLAW 6.27.2 Council may require a performance guarantee by any persons or company undertaking any work outlined above to ensure that the development is carried out in the manner specified and in accordance with the following: a) The amount of the performance bond is to be set at the discretion of Council. b) The performance guarantee may be taken in the form of cash, irrevocable letter of credit as performance bond or other form acceptable to Council. c) The guarantee must remain in effect for a minimum of two (2) years beyond the termination of mineral extraction, restoration and road maintenance agreements. 6.27.3 The aggregate extraction site operator or the landowner may be required to enter into a Development Agreement with the Town to specify development standards or other conditions. 6.27.4 Council may require a Public Engagement Plan be submitted to the Town. 6.27.5 In addition to the prescribed setbacks in the Zoning District where the proposed development is located, excavation and stockpiling of aggregate activities may take place at least 500 metres from residential areas. 6.28 Home Day Care 6.28.1 The Home Day Care must be an accessory use to the residential principal use. 6.28.2 No exterior alterations shall be completed to make the appearance of the principal dwelling inconsistent with the residential character of the building, property or neighbourhood. 6.28.3 The required parking spaces may be located within the front yard. 6.28.4 Parking facilities, where required, shall be provided in accordance with Section 5.17 of this Bylaw. 6.28.5 All Provincial and Federal approvals, licenses and permits must be submitted to the Town. 6.28.6 All Home Day Cares must provide a minimum of 3.25 square meters of fenced, on-site outdoor play area per child. 6.28.7 Signage advertisement shall be in accordance with Section 4.24 of this Bylaw. 6.28.8 The maximum number of children permitted to attend the Home Day Care will be set by Council based on the provincial standards or regulations and the amount of space within the building to be used for the Home Day Care. 6.28.9 The use shall comply with all Provincial requirements governing day care homes including but not limited to The Child Care Act and The Child Care Regulations. 6.28.10 A Home Day Care exceeding eight (8) children under the age of 13 years old that are to be cared for at one time, including those children who reside at the premises or any children or a person assisting the day care provider, shall require a license from the Provincial Government. 6.28.11 Provision that a Day Care is regulated by Federal/Provincial Authority shall release the Municipality from any liability. Source: BBC Creative (2020) 6.29 Day Care Centre 6.29.1 A Day Care Centre must be the principal use of the site or within a multiple unit building. 6.29.2 All Provincial and Federal approvals, licenses and permits must be submitted to the Town. 6.29.3 All Day Care Centres must provide a minimum of 3.25 square meters of fenced outdoor play area per child. 68 Town of Pilot Butte ZONING BYLAW Source: Guatam Arora (2019) 6.29.4 The maximum number of children permitted to attend the Day Care Centre will be set by Council based on the provincial standards or regulations and the amount of space within the building to be used for the Day Care Centre. 6.29.5 A Day Care Centre must be the principal use of the site or within a multiple unit building. 6.29.6 All Provincial and Federal approvals, licenses and permits must be submitted to the Town. 6.29.7 All Day Care Centres must provide a minimum of 3.25 square meters of fenced outdoor play area per child. 6.29.8 The maximum number of children permitted to attend the Day Care Centre will be set by Council based on the provincial standards or regulations and the amount of space within the building to be used for the Day Care Centre. 6.29.9 Parking facilities, where required, shall be provided in accordance with Section 5.17 of this Bylaw. 6.29.10 Signage advertisement shall be in accordance with Section 4.24 of this Bylaw. 6.29.11 Building separation, setbacks, and other site requirements stated in the Zoning District in which it is located shall be met. 6.29.12 The use shall comply with all Provincial requirements governing Day Care Centres including but not limited to The Child Care Act and The Child Care Regulations. 6.29.13 Provision that a Day Care is regulated by Federal/Provincial Authority shall release the Municipality from any liability. 6.30 Asphalt and Concrete Plant 6.30.1 A Discretionary Use application must include the following information: a) A comprehensive Site Plan illustrating the location of the plant and any buildings on the parcel of land including the use of the building, accessory buildings or structures, access and egress to the parcel, parking areas, landscaping, utility easements or corridors. The plan must also show all setbacks from property lines. b) A description of the development project(s) to be served by the plant, if applicable. c) A Stormwater Management Plan and Drainage Plan. d) Information regarding the proposed wastewater system. e) A plan for air pollution control and maintenance. f) A description of the hazardous substances to be stored or used on site and potential adverse impacts on the environment. g) In areas where there is high or extreme aquifer sensitivity, a statement on the potential impacts on the aquifer must be included. Source: Etienne Girardet (2021) 69 Town of Pilot Butte ZONING BYLAW h) Mitigation measures that will be implemented to reduce the potential adverse impacts of the hazardous substances. i) A list and/or map of all transportation routes that will be used to transport hazardous substances throughout the Town. j) An Emergency Management Plan (including a plan for spill cleanup and remediation). k) Evidence that all general requirements and setbacks set forth in the Environmental Guideline for Saskatchewan Asphalt Plants from the Ministry of the Environment will be met. l) Hours of plant operation. m) A decommissioning and reclamation plan with estimated timeline for completion. 6.30.2 A copy of all the applicable Federal, Provincial and Local permits and approvals must be submitted to the Town prior to setup and commencement of operations. 6.30.3 Council may require that the applicant file a copy of all Federal or Provincial licenses, approvals or refusals issued by Federal/Provincial Authority with the Municipality on an on-going basis. 6.30.4 The owner or operator of the plant must ensure compliance with The Environmental Management and Protection Act (EMPA or any future amendment to the applicable provincial standards, as well as any other applicable Federal, Provincial, or Municipal regulations or bylaws). 6.30.5 Asphalt Plant operations must not cause air contamination that creates an adverse effect as per Sections 2.1.b) or 51.a) of the EMPA. 6.30.6 Asphalt Plant operators are required to ensure all practical measures are taken to clean and/or remediate all equipment and property that may have been impacted by the plant's operations. 6.30.7 A Road Agreement may be required for the construction or upgrading of a road to provide access to the parcel. 6.31 Storage of Hazardous Substances 6.31.1 The following information must be submitted with the Discretionary Use application: a) A description of the hazardous substance(s) to be stored on site including type and quantity, as well as any potential adverse impacts to the environment. b) A comprehensive Site Plan illustrating the location of the plant and any buildings on the parcel of land including the use of the building, accessory buildings or structures, access and egress to the parcel, parking areas, landscaping, utility easements or corridors. The plan must also show all setbacks from property lines. c) The mitigation measures that will be implemented to reduce any adverse impacts. d) In areas with a higher aquifer sensitivity, a statement on the potential impacts on the aquifer must be provided. e) A list and/or map of all transportation routes that will be used to transport hazardous substances throughout the Town. f) An Emergency Management Plan (including a plan for spill cleanup and remediation). g) Evidence that the stored substances will conform to the codes, standards and regulations set forth in The National Fire Code, The Environmental Management and Protection Act, The Dangerous Goods Transportation Act, The Construction Codes Act, The Hazardous Substances and Waste Dangerous Goods Regulations and other applicable codes, standards and regulations may be required. h) A Decommissioning and Reclamation Plan with estimated timeline for completion. 6.31.2 A copy of all the applicable Federal, Provincial and Local permits and approvals must be submitted to the Town prior to setup and commencement of operations. 6.31.3 Council may require that the applicant submit a copy of all Federal/Provincial licenses, approvals or refusals issued by Federal/Provincial Authority to the Municipality on an on-going basis and for records. 70 Town of Pilot Butte ZONING BYLAW 6.31.4 A Road Agreement may be required for the construction or upgrading of a road to provide access to the parcel. 6.32 Service Station and Gas Bar 6.32.1 Fuel pumps and other accessory equipment shall be located at least 6 metres from any street or lot line. 6.32.2 All automobile parts, dismantled vehicles and similar articles shall be stored within a building or screened to the satisfaction of Council. 6.32.3 The applicant must submit a Site Plan showing the location of all fuel pumps, propane storage and all other hazardous and dangerous goods to the Town and the Building Inspector/Fire Chief. 6.32.4 Access to the lot shall be designed to reduce conflict with other vehicular and pedestrian traffic. 6.32.5 Access/egress points shall be at least 10 metres apart. 6.32.6 Parking facilities, where required, shall be provided in accordance with Section 5.17 of this Byla9w. 6.32.7 Signage advertisement shall be in accordance with Section 4.24 of this Bylaw. 6.32.8 The storage of fuel, propane and all other hazardous and dangerous goods shall meet all provincial regulations, and in accordance with The Fire Protection Act. 6.32.9 An Emergency Management Plan must be submitted to the Town. 6.32.10 The applicant shall provide written confirmation that the Building Inspector/Fire Chief has been notified regarding the type, location and volume of substances stored on site. 6.33 Commercial Telecommunication Tower and Facility This section refers to Commercial Telecommunication Towers and Facilities owned by an individual or company other than a Crown corporation or other Provincial/Federal Agency as these towers are not considered as public utilities. 6.33.1 All Commercial Telecommunication Towers and Facilities shall be enclosed within a locked protective chain link fence with a minimum height of 3.0 m (10 ft.). 6.33.2 All guy-wire anchors shall be setback at least 3 meters from the property line and be clearly marked and visible. 6.33.3 The Telecommunication Tower shall not exhibit or display any advertising, except for the manufacturer's logo. 6.33.4 The Telecommunication Tower shall not be illuminated unless required by Transport Canada Regulations. 6.33.5 Satellite dishes may be installed in any commercial and industrial sites for communication purposes or re-broadcasting of television signals. Source: Tony Stoddard (2017) 6.33.6 Two (2) antenna wires shall be permitted, whose height shall conform to the maximum stated for the zone. 6.33.7 Towers and similar structures shall not obstruct air navigation or communication. Council will consult the Department of Communications of Canada, Transport Canada, the Saskatchewan Power Corporation or other agencies prior to installation approval. 6.33.8 Certification of structural safety by a certified professional engineer, proof of liability insurance and proof of an approved electrical permit shall accompany applications to erect a tower. 6.33.9 Permitted tower height and additions are indicated in Table 6. 71 Town of Pilot Butte ZONING BYLAW 6.34.1 Development and maintenance of a Public Work for a Solid or Liquid Waste Disposal Facility will be subject to the following special standards: a) A buffer strip containing trees, shrubs or a berm shall be located surrounding a lagoon or sanitary landfill disposal area. b) Any solid or liquid waste disposal facility shall be fenced. c) Adequate precautions shall be taken to prevent pollution of ground water by disposal operations. d) Solid waste disposal facilities shall be located in proximity to a provincial highway and adjacent to an all-weather road. e) The development of any new disposal sites shall take into consideration direction of prevailing winds. f) Further regulation of solid or liquid waste disposal sites may be achieved by adoption and administration of a Waste Management Bylaw. 6.35 Development Adjacent to a Provincial Highway 6.35.1 Any development within 90 metres of an existing or future designated Provincial Highway right-of-way requires a permit from the Ministry of Highways. 6.35.2 Any advertising, including all signage permitted in this Bylaw, is not permitted in the sight triangle, as determined in consultation with the Ministry of Highways. Table 6. Permitted Tower Height Maximum Requirements Zoning Districts Maximum Height All Residential Districts (R1, R1A, R2, R3, RS1, RS2) 20 metres All Commercial Districts (C1, C2) 25 metres All Industrial Districts (M1, M2) 25 metres Community Service District (CS) 10 metres Agricultural Industrial District (AGM) 25 metres Urban Holding District (UH) 25 metres 6.34 Public Works for Solid and Liquid Waste Management or Disposal Facilities 6.35.3 Council will refer any application for a Development Permit including Discretionary Use application, rezoning, subdivision, or re- development of a site to the Ministry of Highways if the proposed development is within 90 metres of a Provincial Highway right-of-way. 6.35.4 Council or the Development Officer may require supplementary information be submitted to the Town during the review process of a subdivision, re-development of a site, or a development permit. 6.35.5 Any development, including buildings, trees/shrubs, etc., may be subject to minimum required setbacks from a Provincial Highway. Setbacks vary depending on the highway classification and should be confirmed by contacting the Ministry of Highways prior to applying to the Town for a Development Permit. 6.35.6 Council or the Development Officer may require mitigation measures to be implemented into the proposed development to reduce the impact of the Provincial Highway onto the development. This may include, but is not limited to: vegetative berm, creation of a buffer strip, installation of a fence or sound wall, etc. 6.36 Development Adjacent to Pipelines and Gas Transmission Lines 6.36.1 Any development located with 300 metres of the centerline of a Pipeline and/or Transmission Line requires additional consultation with the owner/ operator of the Pipeline or Transmission Line. 6.36.2 All forms of development must be setback from the edge of the right-of-way of a Pipeline and/or Transmission Line in accordance with Table 7. 6.36.3 The National Energy Board requires that any proposal to conduct ground disturbance within 30 metres of the edge of the right-of-way of a Pipeline and/or Transmission Line requires written consent 72 Town of Pilot Butte ZONING BYLAW Source: TransGas (2021) Table 7. Development Adjacent to Pipelines and Gas Transmission Lines Setback Requirements Land Use Residential Residential Commercial* Commercial* Industrial* Diameter (NPS) High/Medium Density Low/Very Low Density High Density Medium/Low Density High/Low Density 20 145 140 125 70 80 16 110 95 95 10 15 14 100 80 85 10 10 12 85 60 70 10 10 10 70 40 60 10 10 8 50 10 35 10 10 6 40 10 25 10 10 4 30 10 20 10 10 3 25 10 20 10 10 2 20 10 15 10 10 Land Use Corresponding Activity Zone Industrial High Density Industrial areas with effective occupancy levels of 25 people per hectare or greater. Industrial Low Density Industrial areas with effective occupancy levels of 0 to 25 people per hectare. Commercial High Density Commercial areas with effective occupancy levels of 100 people per hectare or greater. Commercial Medium Density Commercial areas with effective occupancy levels of 25 to 100 people per hectare. Commercial Low Density Commercial areas with effective occupancy levels of 0 to 25 people per hectare. Residential High Density Multi-story urban residential areas with population densities of 100 people per hectare (4000 dwelling units per square kilometer) or greater. Residential Medium Density Suburban residential areas with population densities of 25 to 100 people per hectare (1000 dwelling units per square kilometer). Residential Low Density Rural or suburban fringe residential areas with population densities of 1.0 to 25 people per hectare (25 dwelling units per square kilometer). Residential Very Low Density Rural areas with population densities of 0 to 1.0 people per hectare (4 dwelling units per square kilometer). - Use of the largest setback for the associated pipe diameter is recommended for industrial installation or hazardous material storage where the release of gas from the pipeline can cause the industrial installation to produce a dangerous or environmentally hazardous condition. Use of the largest setback for the associated pipe diameter is recommended for buildings with human occupancy where rapid evacuation may be difficult (e.g. nursing homes, hospitals, etc.). - Green cells indicate that TransGas' minimum setback recommendation of 10 meters is applicable. Unless otherwise specified a recommended minimum set back of 10 meters applies to the nearest building or structure regardless of density. 73 Town of Pilot Butte ZONING BYLAW 6.36.4 Pipelines shall be encouraged to be incorporated into the design of the proposed development or re-development of a site, such as pathways or similar public greenspace. 6.37 Development Adjacent to Railway 6.37.1 All new residential development in proximity to Railway operation must be setback from the Railway property line a minimum of: a) Freight Rail Yard: 300 metres b) Principal Main Line and Secondary Main Line: 30 metres c) Principal Branch Line, Secondary Branch line and Spur Line: 15 metres 6.37.2 The line type shall be determined in consultation with the Rail Company. Setback distances must be measured from the Railway property line to the building face. 6.37.3 The approval process for the development or re-development of land or buildings within 300 metres of a Railway line shall require the developer to show, to the satisfaction of the Town: a) How the Railway Company's development standards and comments have been addressed by the project. b) How the principles, objectives and specific site and building design recommendations of the Federation of Canadian Municipalities and Railway Association of Canada's Guidelines for New Development in Proximity to Railway Operations have been addressed. from the owner/operator prior to the commencement of ground disturbance. 6.37.4 A Noise and Vibration Impact Study may be required to be submitted to the Municipality when the proposed development is located within 300 metres of a Railway line. 6.37.5 Properties adjacent to railways require a chain link fence or equivalent, and shall be at least 1.8 m (6 ft.) in height with the Town's approval, to prevent unauthorized access. 6.37.6 Safety barriers may be required to be installed, which includes, but is not limited to the following: a) A berm. b) A sound wall. c) Crash berm/wall. d) Security fencing. 6.38 Public Open Space, Pathways, Parks or Sports Field 6.38.1 All Public Open Spaces, Pathways, Parks or Sports Fields shall be developed and landscaped as per an approved Landscaping Plan by Council. 6.38.2 Council should consider the Subdivision General Design Standards and the Subdivision Dedicated Land Requirements provided in the Official Community Plan when determining the various uses and design standards of any land, that is either available or to be provided by the proponent, that can be utilized as a Public Open Space, Pathways, Parks or Sports Field. 6.38.3 Council may require supplementary plans as per Section 3.14 of this Bylaw prior to review and approval of subject lands to be developed as Public Open Spaces, Pathways, Parks or Sports Fields. 6.39 Campground or Tourist Camp 6.39.1 The applicant shall submit a Development Permit for a Campground or Tourist Camp and shall provide the Development Officer with a Site Plan, identifying any buildings, uses of land and the location of all roadways and recreation vehicle or tent campsites with dimensions. 6.39.2 Any addition or rearrangement of sites, the construction or moving of buildings, the material change in use of portions of land, or the filling or cleaning of land shall require a Development Permit, and the applicant shall submit, for approval, an amended Site Plan incorporating the proposed development. 6.39.3 Council may require supplementary plans as per Section 3.14 of this Bylaw prior to review and approval of a Campground or Tourist Camp. 6.39.4 A Campground or Tourist Camp shall have, within its boundaries, a buffer area abutting the boundary of not less than 4.27 m (14 ft.) in width, which shall contain no buildings. 74 Town of Pilot Butte ZONING BYLAW 6.39.5 Parking facilities, where required, shall be provided in accordance with Section 5.17 of this Bylaw. 6.39.6 Signage advertisement shall be in accordance with Section 4.24 of this Bylaw. 6.39.7 A site for each recreation vehicle and campsite permitted in the Campground or Tourist camp shall be designated and clearly marked on the ground. 6.39.8 Each recreation vehicle campsite shall have a minimum area of 150 m2 (1,615 ft2). 6.39.9 No portion of any campsite shall be located within an internal roadway or required buffer area. 6.39.10 Each site shall have a direct and convenient access to a developed internal roadway, which shall not be located in any required buffer area. 6.39.11 Each recreation vehicle shall be located at least 4.27 m (14 ft.) from any other recreation vehicle and each site shall have dimensions, location and orientation sufficient to allow for such location of recreation vehicles. 6.39.12 The space provided for roadways within a Campground or Tourist Camp shall be at least 7.6 m (25 ft.) in width. No portion of any site, other use or structure shall be located in any roadway. 6.39.13 A Campground or Tourist Camp may include, as an accessory use, a laundromat or convenience store designed to meet the needs of occupants of the sites and a single unit dwelling for accommodation of the operator. 6.39.14 No recreation vehicle shall be stored on any campsite when the campground is not open. 6.39.15 All related Federal and Provincial Acts including The Public Health Act and regulations passed thereunder shall be complied with respect of all operations and development of Campgrounds or Tourist Camps. 6.39.16 All Federal and Provincial copies of licenses, permits or registrations, if applicable, must be submitted to the Town for records. 6.40 Value-Added Agriculture: Farm Processing Facilities This section seeks to protect and enhance the viability of farmlands for long-term use and economic development of the agricultural industry by allowing farm processing facilities within compatible zones. Source: Image by Prostooleh on Freepik 6.40.1 The following farm processing facilities may be permitted within AGM and M2 districts: a) Fruit processing. b) Vegetable processing (exclude cannabis). 6.40.2 All farm-processing facilities are subject to the required permits and licenses, Provincial and Local servicing requirements, development standards, agreements, and other stipulated regulations provided upon a detailed review of the Development Permit application. 7.0 ZONING DISTRICTS AND ZONING MAP 7.1 Classification of Zoning Districts 7.1.1 The Town of Pilot Butte is divided into the following Zoning Districts and may be referred to by the following appropriate symbols listed in Table 8. 7.2 Zoning District Map 7.2.1 The Map bearing the statement "Zoning District Map" as presented in Appendix A, that is adopted by the Town, and signed by the Mayor and the Administrator under the seal of the Town of Pilot Butte shall be known as the "Zoning District Map" and such Map is hereby declared to be an integral part of this Zoning Bylaw. 7.3 Boundaries of Zoning Districts 7.3.1 The boundaries of the Zoning Districts are shown on the map entitled "Zoning District Map" together with explanatory legend, notation and reference. 7.3.2 The Zoning District boundaries: a) Shown approximately at a lot, street, or lane is at the boundary of the lot, street or lane. b) Shown approximately at the centerline of a street or lane is at the centerline of the street or lane. c) Shown within a lot, unless specifically noted, shall be determined by the scale of the Zoning District Map. d) Shown following approximately a shoreline or the center of a creek stream or channel follows the shoreline or centerline and moves with any change in such shoreline. e) Where the boundary of a district is also a parcel boundary and the parcel boundary is moved by the process of subdivision, the district boundary shall move with that parcel boundary, unless the boundary is otherwise located by amendment to the Bylaw. f) Un-subdivided land, the Zoning District boundary shall be determined by the use of the scale of the Zoning District Map. Table 8. Classification of Pilot Butte Zoning Districts District Type Symbol Zoning Districts Page Residential R1 Single Detached Residential District 76 Residental R1A Single Detached Residential District 78 Residental R2 Urban Country Residential District 80 Residental R3 Multiple Unit Residential District 82 Residental RS1 Special Group Home District 85 Residental RS2 Special Mobile Home District 88 Commercial C1 Community Commercial District 90 Commercial C2 Highway Commercial District 93 Industrial Commercial M1 Limited Industrial Commercial District 96 Industrial Commercial M2 General Industrial Commercial District 99 Community Service CS Community Service District 102 Agricultural Industrial AGM Agricultural Industrial District 105 Urban Holding UH Urban Holding District 107 75 Town of Pilot Butte ZONING BYLAW 8.0 R1 - SINGLE DETACHED RESIDENTIAL DISTRICT 8.1 Purpose 8.1.1 The R1 - Single Detached Residential District is designed to preserve the low-density neighbourhood character of existing and future single-detached residential areas. 8.1.2 The R1 district aims to achieve the housing vision prescribed in Section 5.2 of the Town's OCP where "single-family dwellings" will be predominant uses. 8.1.3 Single-detached dwellings as principal buildings are considered priority development forms of this zone. 8.1.4 Any other compatible or complementary uses may be allowed with a conditional basis but shall be determined at the discretion of Council. Amendments to Zoning Bylaw and OCP may be required. 8.1.5 Existing non-conforming buildings, structures or uses may remain in operation in all R1 zones as per Section 4.3 of this Bylaw. Unless re-development of a site and/or change of land use of a lot are determined by the Town, the development shall adhere to the conditions set out in Section 4.4 of this Bylaw. 8.1.6 Where a parcel is re-zoned from the R1 district to a Land Use categorized in the Town's Future Land Use Map, that parcel shall be subject to the regulations, site requirements, and developments set out in that Land Use equivalent's Zoning District in this Bylaw. (Example: A parcel that is zoned R1 Single-Detached Residential District as per the Town's Zoning District Map may be developed and re-zoned for multi-family dwellings if the subject parcel is located within the R3 Multiple Unit Residential District as per the Town's Future Land Use Map.) 8.2 Permitted Uses 8.2.1 The following are permitted uses in the R1 - Single Detached Residential District: d) Swimming Pool (Private). 8.3 Discretionary Uses 8.3.1 The following are discretionary uses in the R1 - Single Detached Residential District and are subject to the completion of the Discretionary Use process: a) Day Care Centre. b) Heritage Site. c) Home-Based Business (Major). d) Legal Suite. e) Modular and RTM Building. f) Place of Worship or Religious Assembly. g) Post Office. h) Public Open Space, Pathways, Parks, or Sports Field. i) Residential Care Home Type I. j) School. k) Personal Care Home. l) Bed and Breakfast 8.4 Prohibited Uses 8.4.1 All uses not listed as a permitted use or a discretionary use are prohibited in the R1 - Single Detached Residential District, except for those uses identified as "ancillary" in this Bylaw. 8.5 Site Regulations and Development Standards 8.5.1 Public works and utilities are exempt from these site requirements. Where possible, the required setback shall be met. The proponent shall consult the responsible governmental agencies (including SaskPower, SaskEnergy, SaskTel and Access Communications, Water Security Agency, the Town of Pilot Butte, etc.) for direction on site requirements prior to construction. 8.5.2 The Development Officer may require a greater setback for any permitted or discretionary use if it is deemed that the use may substantially affect the safety and amenity of the adjacent properties. 76 Town of Pilot Butte ZONING BYLAW a) Home-Based Business (Minor). b) Public Works and Utilities (excluding solid and liquid waste disposal uses). c) Single-Detached Dwelling. 8.5.3 Residential parcels may be exempted from these site requirements in the case of a parcel physically severed as a result of road right-of-way or railway plans, drainage ditch, pipeline or transmission line, or natural features such as watercourses or water bodies. In these cases, there shall be no maximum site area. Existing residential parcels may be enlarged to include adjoining land physically severed as a result of the above noted barriers. 8.5.4 Any subdivision, development, buildings, etc. proposed after the adoption of this Bylaw, shall comply with the site requirements and development standards as indicated in Table 9 below. 8.5.5 Any other related buildings, structures or dwellings that are not indicated in Table 9 may be proposed by the applicant and shall be at the discretion of the Development Officer in terms of the required site regulations and development standards. 8.5.6 Any building which does not conform to the development standards shall be deemed conforming with regard to setbacks, coverage, and height, provided that a building permit was issued prior to the adoption of this Bylaw. These buildings are not required to adhere to the site regulations and development standards unless in the event of demolition and/or re-development. 8.5.7 Any parcel which does not conform to the minimum or maximum site area requirement shall be deemed conforming, provided that a registered title for the site existed at Saskatchewan Land Registry prior to the adoption of this Bylaw. 8.5.8 The property owners are not required, but encouraged by the Town to either consolidate or subdivide their non-conforming sites to conform to the requirements of the R1 district. In the event of subdivision or consolidation, all site requirements outlined in Table 9 must be met. Table 9. R1 - Single Detached Residential District Site Requirements & Development Standards Land Use Site Area (Min-Max) Site Frontage* (Min-Max) Front Yard Setback (Min)** Side Yard Setback (Min)** Rear Yard Setback (Min)** Single-Detached Dwelling 500 m2 - 1,000 m2 15.0 m - 20.0 m 7.5 m 1.2 m 6.0 m Small-Scale Commercial or Community Service Use 400 m2 - 1,000 m2 15.0 m - 40.0 m 7.5 m 1.2 m 0 m from the property line which follows a common or party wall. 3.0 m 0 m from the property line which follows a common or party wall. Bare Land Condominium 150 m2 - 250 m2 per building unit 8.0 m - 20.0 m 3.0 m 1.2 m 0 m from the property line which follows a common or party wall. 3.0 m 0 m from the property line which follows a common or party wall. Accessory Buildings N/A N/A 7.5 m 1.2 m 1.2 m Building Separation (minimum) 1.0 m from accessory structures, unless attached to the building. 2.4 m from accessory dwellings, unless attached to the building. Building Height (maximum) 11.0 m for principal buildings. 5.0 m for accessory buildings or structures. Site Coverage (maximum) 75% includes ALL buildings or structures for ALL uses. *For frontage calculations on non-rectangular sites, refer to section 4.21. **Setbacks vary to provincial highways depending on the highway classification and should be confirmed with the Ministry of Highways. 77 Town of Pilot Butte ZONING BYLAW 9.0 R1A - SINGLE DETACHED RESIDENTIAL DISTRICT 9.1 Purpose 9.1.1 With similar land uses intended for the R1 district, the R1A - Single Detached Residential District exists to permit a smaller site area and frontage than the R1 zone. The Town desires to provide a diverse range of housing lot sizes for existing and future residents when they choose Pilot Butte as home. 9.1.2 The R1A is designed to preserve the low- density neighbourhood character of existing and future single-detached residential areas. 9.1.3 The R1A district aims to achieve the housing vision prescribed in section 5.2 of the Town's OCP where "single-family dwellings" will be predominant uses. 9.1.4 Single-detached dwellings as principal buildings are considered priority development forms of this zone. 9.1.5 Any other compatible or complementary uses may be allowed with a conditional basis but shall be determined at the discretion of Council. Amendments to Zoning Bylaw and OCP may be required. 9.1.6 Existing non-conforming buildings, structures or uses may remain in operation in all R1A zones as per Section 4.3 of this Bylaw. Unless re-development of a site and/or change of land use of a lot are determined by the Town, the development shall adhere to the conditions set out in Section 4.4 of this Bylaw. 9.1.7 Where a parcel is re-zoned from the R1A district to a Land Use categorized in the Town's Future Land Use Map, that parcel shall be subject to the regulations, site requirements, and developments set out in that Land Use equivalent's Zoning District in this Bylaw. (Example: A parcel that is zoned R1A Single-Detached Residential District as per the Town's Zoning District Map may be developed and re-zoned for multi-family dwellings if the subject parcel is located within the R3 Multiple Unit Residential District as per the Town's Future Land Use Map.) 9.2 Permitted Uses 9.2.1 The following are permitted uses in the R1A - Single Detached Residential District: a) Home-Based Business (Minor). b) Public Works and Utilities (excluding solid and liquid waste disposal uses). c) Single-Detached Dwelling. d) Swimming Pool (Private). 9.3 Discretionary Uses 9.3.1 The following are discretionary uses in the R1A - Single Detached Residential District and are subject to the completion of the Discretionary Use process: a) Day Care Centre. b) Heritage Site. c) Home-Based Business (Major). d) Legal Suite. e) Modular and RTM Building. f) Place of Worship or Religious Assembly. g) Post Office. h) Public Open Space, Pathways, Parks, or Sports Field. i) Residential Care Home Type I. j) School. k) Personal Care Home. l) Bed and Breakfast. Prohibited Uses 9.4.1 All uses not listed as a permitted use or a discretionary use are prohibited in the R1A - Single Detached Residential District, except for those uses identified as "ancillary" in this Bylaw. 9.5 Site Regulations and Development Standards 9.5.1 Public works and utilities are exempt from these site requirements. Where possible, the required setback shall be met. The proponent shall consult the responsible governmental agencies (including SaskPower, SaskEnergy, SaskTel and Access Communications, Water Security Agency, the Town of Pilot Butte, etc.) for direction on site requirements prior to construction. 78 Town of Pilot Butte ZONING BYLAW 9.5.2 The Development Officer may require a greater setback for any permitted or discretionary use if it is deemed that the use may substantially affect the safety and amenity of the adjacent properties. 9.5.3 Residential parcels may be exempted from these site requirements in the case of a parcel physically severed as a result of road right-of-way or railway plans, drainage ditch, pipeline or transmission line, or natural features such as watercourses or water bodies. In these cases, there shall be no maximum site area. Existing residential parcels may be enlarged to include adjoining land physically severed as a result of the above noted barriers. 9.5.4 Any subdivision, development, buildings, etc. proposed after the adoption of this Bylaw, shall comply with the site requirements and development standards as indicated in Table 10 below. 9.5.5 Any other related buildings, structures or dwellings that are not indicated in Table 10 may be proposed by the applicant and shall be at the discretion of the Development Officer in terms of the required site regulations and development standards. 9.5.6 Any building which does not conform to the development standards shall be deemed conforming with regard to setbacks, coverage, and height, provided that a building permit was issued prior to the adoption of this Bylaw. These buildings are not required to adhere to the site regulations and development standards unless in the event of demolition and/or re-development. 9.5.7 Any parcel which does not conform to the minimum or maximum site area requirement shall be deemed conforming, provided that a registered title for the site existed at Saskatchewan Land Registry prior to the adoption of this Bylaw. 9.5.8 The property owners are not required, but encouraged by the Town to either consolidate or subdivide their non-conforming sites to conform to the requirements of the R1A district. In the event of subdivision or consolidation, all site requirements outlined in Table 10 must be met. Table 10. R1A - Single Detached Residential District Site Requirements & Development Standards Land Use Site Area (Min-Max) Site Frontage* (Min-Max) Front Yard Setback (Min)** Side Yard Setback (Min)** Rear Yard Setback (Min)** Single-Detached Dwelling 480 m2 - 1,000 m2 12.7 m - 20.0 m 6.5 m 1.2 m 6.0 m Small-Scale Commercial or Community Service Use 400 m2 - 1,000 m2 15.0 m - 40.0 m 6.5 m 1.2 m 0 m from the property line which follows a common or party wall. 3.0 m 0 m from the property line which follows a common or party wall. Bare Land Condominium 150 m2 - 250 m2 per building unit 8.0 m - 20.0 m 3.0 m 1.2 m 0 m from the property line which follows a common or party wall. 3.0 m 0 m from the property line which follows a common or party wall. Accessory Buildings N/A N/A 6.5 m 1.2 m 1.2 m Building Separation (minimum) 1.0 m from accessory structures, unless attached to the building. 2.4 m from accessory dwellings, unless attached to the building. Building Height (maximum) 11.0 m for principal buildings. 5.0 m for accessory buildings or structures. Site Coverage (maximum) 75% includes ALL buildings or structures for ALL uses. *For frontage calculations on non-rectangular sites, refer to section 4.21. **Setbacks vary to provincial highways depending on the highway classification and should be confirmed with the Ministry of Highways. 79 Town of Pilot Butte ZONING BYLAW 10.0 R2 - URBAN COUNTRY RESIDENTIAL DISTRICT 10.1 Purpose 10.1.1 The R2 - Urban Country Residential District is designed to accommodate existing and future large lot homes known as "urban country homes" in this zone. 10.1.2 The R2 district may also provide continuity of the large lot residential development in the RM of Edenwold No. 158 as per the Town's Future Land Use Map. 10.1.3 Single-detached dwellings as principal buildings are considered priority development forms of this zone. 10.1.4 Any other compatible or complementary uses may be allowed with a conditional basis but shall be determined at the discretion of Council. Amendments to Zoning Bylaw and OCP may be required. 10.1.5 Existing non-conforming buildings, structures or uses may remain in operation in all R2 zones as per Section 4.3 of this Bylaw. Unless re-development of a site and/or change of land use of a lot are determined by the Town, the development shall adhere to the conditions set out in Section 4.4 of this Bylaw 10.1.6 Where a parcel is re-zoned from the R2 district to a Land Use categorized in the Town's Future Land Use Map, that parcel shall be subject to the regulations, site requirements, and developments set out in that Land Use equivalent's Zoning District in this Bylaw. (Example: A parcel that is zoned R2 Urban Country Residential District as per the Town's Zoning District Map may be developed and re-zoned for multi-family dwellings if the subject parcel is located within the R3 Multiple Unit Residential District as per the Town's Future Land Use Map.) 10.2 Permitted Uses 10.2.1 The following are permitted uses in the R2 - Urban Country Residential District: d) Swimming Pool (Private). 10.3 Discretionary Uses 10.3.1 The following are discretionary uses in the R2 - Urban Country Residential District and are subject to the completion of the Discretionary Use process: a) Day Care Centre. b) Heritage Site. c) Home-Based Business (Major). d) Legal Suite. e) Modular and RTM Building. f) Place of Worship or Religious Assembly. g) Post Office. h) Public Open Space, Pathways, Parks, or Sports Field. i) Residential Care Home Type I. j) School. k) Personal Care Home. l) Bed and Breakfast. 10.4 Prohibited Uses 10.4.1 All uses not listed as a permitted use or a discretionary use are prohibited in the R2 - Urban Country Residential District, except for those uses identified as "ancillary" in this Bylaw. 10.5 Site Regulations and Development Standards 10.5.1 Public works and utilities are exempt from these site requirements. Where possible, the required setback shall be met. The proponent shall consult the responsible governmental agencies (including SaskPower, SaskEnergy, SaskTel and Access Communications, Water Security Agency, the Town of Pilot Butte, etc.) for direction on site requirements prior to construction. 10.5.2 The Development Officer may require a greater setback for any permitted or discretionary use if it is deemed that the use may substantially affect the safety and amenity of the adjacent properties. 80 Town of Pilot Butte ZONING BYLAW a) Home-Based Business (Minor). b) Public Works and Utilities (excluding solid and liquid waste disposal uses). c) Single-Detached Dwelling. 10.5.3 Residential parcels may be exempted from these site requirements in the case of a parcel physically severed as a result of road right-of-way or railway plans, drainage ditch, pipeline or transmission line, or natural features such as watercourses or water bodies. In these cases, there shall be no maximum site area. Existing residential parcels may be enlarged to include adjoining land physically severed as a result of the above noted barriers. 10.5.4 Any subdivision, development, buildings, etc. proposed after the adoption of this Bylaw, shall comply with the site requirements and development standards as indicated in Table 11 below. 10.5.5 Any other related buildings, structures or dwellings that are not indicated in Table 11 may be proposed by the applicant and shall be at the discretion of the Development Officer in terms of the required site regulations and development standards. 10.5.6 Any building which does not conform to the development standards shall be deemed conforming with regard to setbacks, coverage, and height, provided that a building permit was issued prior to the adoption of this Bylaw. These buildings are not required to adhere to the site regulations and development standards unless in the event of demolition and/or re-development. 10.5.7 Any parcel which does not conform to the minimum or maximum site area requirement shall be deemed conforming, provided that a registered title for the site existed at Saskatchewan Land Registry prior to the adoption of this Bylaw. 10.5.8 The property owners are not required, but encouraged by the Town to either consolidate or subdivide their non-conforming sites to conform to the requirements of the R2 district. In the event of subdivision or consolidation, all site requirements outlined in Table 11 must be met. Table 11. R2 - Urban Country Residential District Site Requirements & Development Standards Land Use Site Area (Min-Max) Site Frontage* (Min-Max) Front Yard Setback (Min)** Side Yard Setback (Min)** Rear Yard Setback (Min)** Single-Detached Dwelling 1,000 m2 - 4,000 m2 20.0 m - 40.0 m 7.5 m 3.0 m 7.5 m Small-Scale Commercial or Community Service Use 400 m2 - 1,000 m2 15.0 m - 40.0 m 7.5 m 1.2 m 0 m from the property line which follows a common or party wall. 3.0 m 0 m from the property line which follows a common or party wall. Bare Land Condominium 150 m2 - 250 m2 per building unit 8.0 m - 20.0 m 3.0 m 1.2 m 0 m from the property line which follows a common or party wall. 3.0 m 0 m from the property line which follows a common or party wall. Accessory Buildings N/A N/A 7.5 m 1.2 m 1.2 m Building Separation (minimum) 1.0 m from accessory structures, unless attached to the building. 2.4 m from accessory dwellings, unless attached to the building. Building Height (maximum) 11.0 m for principal buildings. 5.0 m for accessory buildings or structures. Site Coverage (maximum) 75% includes ALL buildings or structures for ALL uses. *For frontage calculations on non-rectangular sites, refer to section 4.21. **Setbacks vary to provincial highways depending on the highway classification and should be confirmed with the Ministry of Highways. 81 Town of Pilot Butte ZONING BYLAW 11.0 R3 - MULTIPLE UNIT RESIDENTIAL DISTRICT 11.2 Permitted Uses 11.2.1 The following are permitted uses in the R3 - Multiple Unit Residential District: a) Dwelling Groups (excluding apartment dwelling). b) Home-Based Business (Minor). a) Public Works and Utilities (excluding solid and liquid waste disposal uses). c) Swimming Pool (Private). 11.3 Discretionary Uses 11.3.1 The following are discretionary uses in the R3 - Multiple Unit Residential District and are subject to the completion of the Discretionary Use process: a) Convenience Store. b) Day Care Centre. c) Heritage Site. d) Home-Based Business (Major). e) Laundry Facility. f) Legal Suite. g) Modular and RTM Building. h) Place of Worship or Religious Assembly. i) Post Office. j) Public Open Space, Pathways, Parks, or Sports Field. k) Residential Care Home Type I & Type II. l) School. m) Swimming Pool (Public). n) Personal Care Home. o) Bed and Breakfast. 82 Town of Pilot Butte ZONING BYLAW 11.1 Purpose 11.1.1 The R3 - Multiple Unit Residential District is designed to accommodate existing and future "multi-family dwellings" as predominant uses in designated medium and high-density neighbourhoods. These areas are ideally located near provincial highways, highway commercial, commercial zones, community centres, institutional uses, and other areas which may contain a medium to a higher volume of pedestrian and vehicle flow. 11.1.2 Multiple unit dwellings or "dwelling groups" in the form of townhouses, duplex, triplex, fourplex, and semi-detached dwellings are considered priority developments of this zone. 11.1.3 The R3 district may permit certain specified service and convenience-type commercial uses of a character unlikely to develop excessive traffic, but which will serve the residents of the immediate area. 11.1.4 Any other compatible or complementary uses may be allowed with a conditional basis but shall be determined at discretion of the Council. Amendments to Zoning Bylaw and OCP may be required. 11.1.5 Existing non-conforming buildings, structures or uses may remain in operation in all R3 zones as per Section 4.3 of this Bylaw. Unless re-development of a site and/or change of land use of a lot are determined by the Towns, the development shall adhere to the conditions set out in Section 4.4 of this Bylaw. 11.1.6 Where a parcel is re-zoned from the R3 district to a Land Use categorized in the Town's Future Land Use Map, that parcel shall be subject to the regulations, site requirements, and developments set out in that Land Use equivalent's Zoning District in this Bylaw. (Example: A parcel that is under R3 Multiple Unit Residential District as per the Town's Zoning District Map may be developed and re-zoned for commercial establishments if the subject parcel is located within the C1 Community Commercial District as per the Town's Future Land Use Map.) 11.4 Prohibited Uses 11.4.1 All uses not listed as a permitted use or a discretionary use are prohibited in the R3 - Multiple Unit Residential District, except for those uses identified as "ancillary" in this Bylaw. 11.5 Site Regulations and Development Standards 11.5.1 Public works and utilities are exempt from these site requirements. Where possible, the required setback shall be met. The proponent shall consult the responsible governmental agencies (including SaskPower, SaskEnergy, SaskTel and Access Communications, Water Security Agency, the Town of Pilot Butte, etc.) for direction on site requirements prior to construction. 11.5.2 The Development Officer may require a greater setback for any permitted or discretionary use if it is deemed that the use may substantially affect the safety and amenity of the adjacent properties. 11.5.3 Residential parcels may be exempted from these site requirements in the case of a parcel physically severed as a result of road right-of-way or railway plans, drainage ditch, pipeline or transmission line, or natural features such as watercourses or water bodies. In these cases, there shall be no maximum site area. Existing residential parcels may be enlarged to include adjoining land physically severed as a result of the above noted barriers. 11.5.4 Any subdivision, development, buildings, etc. proposed after the adoption of this Bylaw, shall comply with the site requirements and development standards as indicated in Table 12 below. 11.5.5 Any other related buildings, structures or dwellings that are not indicated in Table 12 may be proposed by the applicant and shall be at the discretion of the Development Officer in terms of the required site regulations and development standards. 11.5.6 Any building which does not conform to the development standards shall be deemed conforming with regard to setbacks, coverage, and height, provided that a building permit was issued prior to the adoption of this Bylaw. These buildings are not required to adhere to the site regulations and development standards unless in the event of demolition and/or re-development. 11.5.7 Any parcel which does not conform to the minimum or maximum site area requirement shall be deemed conforming, provided that a registered title for the site existed at Saskatchewan Land Registry prior to the adoption of this Bylaw. 11.5.8 The property owners are not required, but encouraged by the Town to either consolidate or subdivide their non-conforming sites to conform to the requirements of the R3 district. In the event of subdivision or consolidation, all site requirements outlined in Table 12 must be met. 83 Town of Pilot Butte ZONING BYLAW Table 12. R3 - Multiple Unit Residential District Site Requirements & Development Standards Land Use Site Area (Min) Site Frontage* (Min) Front Yard Setback (Min)** Side Yard Setback (Min)** Rear Yard Setback (Min)** Duplex, Triplex Dwelling 297 m2 8.5 m 6.0 m 1.2 m 0 m from the property line which follows a common or party wall. 5.0 m 0 m from the property line which follows a common or party wall. Fourplex Dwelling 318 m2 9.1 m 6.0 m 1.2 m 0 m from the property line which follows a common or party wall. 5.0 m 0 m from the property line which follows a common or party wall. Semi-Detached Dwelling 210 m2 6.0 m 6.0 m 1.2 m 0 m from the property line which follows a common or party wall. 5.0 m 0 m from the property line which follows a common or party wall. Townhouses 192 m2 5.5 m 6.0 m 1.2 m 0 m from the property line which follows a common or party wall. 5.0 m 0 m from the property line which follows a common or party wall. Small-Scale Commercial or Community Service Use 400 m2 10.0 m 6.0 m 1.2 m 0 m from the property line which follows a common or party wall. 3.0 m 0 m from the property line which follows a common or party wall. Bare Land Condominium 150 m2 per building unit 8.0 m 3.0 m 1.2 m 0 m from the property line which follows a common or party wall. 3.0 m 0 m from the property line which follows a common or party wall. Accessory Buildings N/A N/A 6.0 m 1.2 m 1.2 m Building Separation (minimum) 1.0 m from accessory structures, unless attached to the building. 2.4 m from accessory dwellings, unless attached to the building. 2.4 m from principal buildings, unless attached to the building. Building Height (maximum) 11.0 m for principal buildings. 5.0 m for accessory buildings or structures. Site Coverage (maximum) 75% includes ALL buildings or structures for ALL uses. *For frontage calculations on non-rectangular sites, refer to section 4.21. **Setbacks vary to provincial highways depending on the highway classification and should be confirmed with the Ministry of Highways. 84 Town of Pilot Butte ZONING BYLAW 12.0 RS1 - SPECIAL GROUP HOME DISTRICT 12.1 Purpose 12.1.1 The RS1 - Special Group Home District is designed to provide for the development of "independent living homes" and/or "assisted living dwellings" that shall be predominantly shelters for seniors, retirees, or elderly citizens. 12.1.2 Multiple unit dwellings or "dwelling groups" in the form of apartment buildings, townhouses, duplex, triplex, fourplex, and semi-detached dwellings are considered priority developments of this zone. 12.1.3 The RS1 district may permit certain specified service and convenience-type commercial uses of a character unlikely to develop excessive traffic, but which will serve the residents of the immediate area. 12.1.4 Any other compatible or complementary uses may be allowed with a conditional basis but shall be determined at the discretion of Council. Amendments to Zoning Bylaw and OCP may be required. 12.1.5 Existing non-conforming buildings, structures or uses may remain in operation in all RS1 zones as per Section 4.3 of this Bylaw. Unless re-development of a site and/or change of land use of a lot are determined by the Town, the development shall adhere to the conditions set out in Section 4.4 of this Bylaw. 12.1.6 Where a parcel is re-zoned from RS1 district to a Land Use categorized in the Town's Future Land Use Map, that parcel shall be subject to the regulations, site requirements, and developments set out in that Land Use equivalent's Zoning District in this Bylaw. (Example: A parcel that is under RS1 Special Group Home District as per the Town's Zoning District Map may be developed and re-zoned for commercial establishments if the subject parcel is located within the C1 Community Commercial District as per the Town's Future Land Use Map.) 12.2 Permitted Uses 12.2.1 The following are permitted uses in the RS1 - Special Group Home District: a) Dwelling Groups. b) Home-Based Business (Minor). c) Public Works and Utilities (excluding solid and liquid waste disposal uses). d) Swimming Pool (Private). 12.3 Discretionary Uses 12.3.1 The following are discretionary uses in the RS1 - Special Group Home District and are subject to the completion of the Discretionary Use process: a) Convenience Store. b) Heritage Site. c) Home-Based Business (Major). d) Laundry Facility. e) Legal Suite. f) Modular and RTM Building. g) Place of Worship or Religious Assembly. h) Post Office. i) Public Open Space, Pathways, Parks, or Sports Field. j) Residential Care Home Type I & Type II. k) School. l) Swimming Pool (Public). m) Personal Care Home. n) Bed and Breakfast. 12.4 Prohibited Uses 12.4.1 All uses not listed as a permitted use or a discretionary use are prohibited in the RS1 - Special Group Home District, except for those uses identified as "ancillary" in this Bylaw. 85 Town of Pilot Butte ZONING BYLAW 12.5 Site Regulations and Development Standards 12.5.1 Public works and utilities are exempt from these site requirements. Where possible, the required setback shall be met. The proponent shall consult the responsible governmental agencies (including SaskPower, SaskEnergy, SaskTel and Access Communications, Water Security Agency, the Town of Pilot Butte, etc.) for direction on site requirements prior to construction. 12.5.2 The Development Officer may require a greater setback for any permitted or discretionary use if it is deemed that the use may substantially affect the safety and amenity of the adjacent properties. 12.5.3 Residential parcels may be exempted from these site requirements in the case of a parcel physically severed as a result of road right- of-way or railway plans, drainage ditch, pipeline or transmission line, or natural features such as watercourses or water bodies. In these cases, there shall be no maximum site area. Existing residential parcels may be enlarged to include adjoining land physically severed as a result of the above noted barriers. 12.5.4 Any subdivision, development, buildings, etc. proposed after the adoption of this Bylaw, shall comply with the site requirements and development standards as indicated in Table 13 below. 12.5.5 Any other related buildings, structures or dwellings that are not indicated in Table 13 may be proposed by the applicant and shall be at the discretion of the Development Officer in terms of the required site regulations and development standards. 12.5.6 Any building which does not conform to the development standards shall be deemed conforming with regard to setbacks, coverage, and height, provided that a building permit was issued prior to the adoption of this Bylaw. These buildings are not required to adhere to the site regulations and development standards unless in the event of demolition and/or re-development. 12.5.7 Any parcel which does not conform to the minimum or maximum site area requirement shall be deemed conforming, provided that a registered title for the site existed at Saskatchewan Land Registry prior to the adoption of this Bylaw. 12.5.8 The property owners are not required, but encouraged by the Town to either consolidate or subdivide their non-conforming sites to conform to the requirements of the RS1 district. In the event of subdivision or consolidation, all site requirements outlined in Table 13 must be met. 86 Town of Pilot Butte ZONING BYLAW Table 13. RS1 - Special Group Home District Site Requirements & Development Standards Land Use Site Area (Min) Site Frontage* (Min) Front Yard Setback (Min)** Side Yard Setback (Min)** Rear Yard Setback (Min)** Duplex, Triplex Dwelling 297 m2 8.5 m 6.0 m 1.2 m 0 m from the property line which follows a common or party wall. 5.0 m 0 m from the property line which follows a common or party wall. Fourplex Dwelling 318 m2 9.1 m 6.0 m 1.2 m 0 m from the property line which follows a common or party wall. 5.0 m 0 m from the property line which follows a common or party wall. Semi-Detached Dwelling 210 m2 6.0 m 6.0 m 1.2 m 0 m from the property line which follows a common or party wall. 5.0 m 0 m from the property line which follows a common or party wall. Townhouses 192 m2 5.5 m 6.0 m 1.2 m 0 m from the property line which follows a common or party wall. 5.0 m 0 m from the property line which follows a common or party wall. Apartment Buildings 800 m2 24.5 m 10.0 m 3.0 m 0 m from the property line which follows a common or party wall. 5.0 m 0 m from the property line which follows a common or party wall. Small-Scale Commercial or Community Service Use 400 m2 10.0 m 6.0 m 1.2 m 0 m from the property line which follows a common or party wall. 3.0 m 0 m from the property line which follows a common or party wall. Bare Land Condominium 150 m2 per building unit 8.0 m 3.0 m 1.2 m 0 m from the property line which follows a common or party wall. 3.0 m 0 m from the property line which follows a common or party wall. Accessory Buildings N/A N/A 6.0 m 1.2 m 1.2 m Building Separation (minimum) 1.0 m from accessory structures, unless attached to the building. 2.4 m from accessory dwellings, unless attached to the building. 2.4 m from principal buildings, unless attached to the building. Building Height (maximum) 11.0 m for principal buildings. 5.0 m for accessory buildings or structures. Site Coverage (maximum) 75% includes ALL buildings or structures for ALL uses. *For frontage calculations on non-rectangular sites, refer to section 4.21. **Setbacks vary to provincial highways depending on the highway classification and should be confirmed with the Ministry of Highways. 87 Town of Pilot Butte ZONING BYLAW 13.0 RS2 - SPECIAL MOBILE HOME DISTRICT 13.1 Purpose 13.1.1 The RS2 - Special Mobile Home District is designed to provide for an exclusive place for existing and future "mobile homes" which may offer affordable housing options to many citizens. 13.1.2 Single-detached mobile homes are considered priority developments of this zone. 13.1.3 The RS2 district may permit certain specified service and convenience-type commercial uses of a character unlikely to develop excessive traffic, but which will serve the residents of the immediate area. 13.1.4 Any other compatible or complementary uses may be allowed with a conditional basis but shall be determined at the discretion of Council. Amendments to Zoning Bylaw and OCP may be required. 13.1.5 Existing non-conforming buildings, structures or uses may remain in operation in all RS2 zones as per Section 4.3 of this Bylaw. Unless re-development of a site and/or change of land use of a lot are determined by the Town, the development shall adhere to the conditions set out in Section 4.4 of this Bylaw. 13.1.6 Where a parcel is re-zoned from RS2 district to a Land Use categorized in the Town's Future Land Use Map, that parcel shall be subject to the regulations, site requirements, and developments set out in that Land Use equivalent's Zoning District in this Bylaw. (Example: A parcel that is under RS2 Special Mobile Home District as per the Town's Zoning District Map may be developed and re-zoned for commercial establishments if the subject parcel is located within the C1 Community Commercial District as per the Town's Future Land Use Map.) 13.2 Permitted Uses 13.2.1 The following are permitted uses in the RS2 - Special Mobile Home District: a) Home-Based Business (Minor). b) Public Works and Utilities (excluding solid and liquid waste disposal uses). c) Single-Detached Mobile Home. d) Swimming Pool (Private). 13.3 Discretionary Uses 13.3.1 The following are discretionary uses in the RS2 - Special Mobile Home District and are subject to the completion of the Discretionary Use process: a) Convenience Store. b) Heritage Site. c) Home-Based Business (Major). d) Laundry Facility. e) Legal Suite. f) Modular and RTM Building. g) Place of Worship or Religious Assembly. h) Post Office. i) Public Open Space, Pathways, Parks, or Sports Field. j) Residential Care Home Type I & Type II. k) School. l) Swimming Pool (Public). m) Personal Care Home. n) Bed and Breakfast. 13.4 Prohibited Uses 13.4.1 All uses not listed as a permitted use or a discretionary use are prohibited in the RS2 - Special Mobile Home District, except for those uses identified as "ancillary" in this Bylaw. 13.5 Site Regulations and Development Standards 13.5.1 Public works and utilities are exempt from these site requirements. Where possible, the required setback shall be met. The proponent shall consult the responsible governmental agencies (including SaskPower, SaskEnergy, SaskTel and Access Communications, Water Security Agency, the Town of Pilot Butte, etc.) for direction on site requirements prior to construction. 13.5.2 The Development Officer may require a greater setback for any permitted or discretionary use if it is deemed that the use may substantially affect the safety and amenity of the adjacent properties. 88 Town of Pilot Butte ZONING BYLAW 13.5.3 Residential parcels may be exempted from these site requirements in the case of a parcel physically severed as a result of road right- of-way or railway plans, drainage ditch, pipeline or transmission line, or natural features such as watercourses or water bodies. In these cases, there shall be no maximum site area. Existing residential parcels may be enlarged to include adjoining land physically severed as a result of the above noted barriers. 13.5.4 Any subdivision, development, buildings, etc. proposed after the adoption of this Bylaw, shall comply with the site requirements and development standards as indicated in Table 14 below. 13.5.5 Any other related buildings, structures or dwellings that are not indicated in Table 14 may be proposed by the applicant and shall be at the discretion of the Development Officer in terms of the required site regulations and development standards. 13.5.6 Any building which does not conform to the development standards shall be deemed conforming with regard to setbacks, coverage, and height, provided that a building permit was issued prior to the adoption of this Bylaw. These buildings are not required to adhere to the site regulations and development standards unless in the event of demolition and/or re-development. 13.5.7 Any parcel which does not conform to the minimum or maximum site area requirement shall be deemed conforming, provided that a registered title for the site existed at Saskatchewan Land Registry prior to the adoption of this Bylaw. 13.5.8 The property owners are not required, but encouraged by the Town to either consolidate or subdivide their non-conforming sites to conform to the requirements of the RS2 district. In the event of subdivision or consolidation, all site requirements outlined in Table 14 must be met. 13.6 Additional Regulations 13.6.1 All mobile homes shall be equipped with skirting within thirty (30) days of being placed on the site. 13.6.2 Each mobile home shall be placed on concrete footings under the blocking. Table 14. RS2 - Special Mobile District Site Requirements & Development Standards Land Use Site Area (Min-Max) Site Frontage* (Min-Max) Front Yard Setback (Min)** Side Yard Setback (Min)** Rear Yard Setback (Min)** Single-Detached Mobile Home 350 m2 - 1,000 m2 12.0 m - 20.0 m 6.0 m 1.2 m 3.0 m Small-Scale Commercial or Community Service Use 400 m2 - 1,000 m2 15.0 m - 20.0 m 6.0 m 1.2 m 0 m from the property line which follows a common or party wall. 3.0 m 0 m from the property line which follows a common or party wall. Bare Land Condominium 150 m2 - 250 m2 per building unit 8.0 m - 20.0 m 3.0 m 1.2 m 0 m from the property line which follows a common or party wall. 3.0 m 0 m from the property line which follows a common or party wall. Accessory Buildings N/A N/A 6.0 m 1.2 m 1.2 m Building Separation (minimum) 1.0 m from accessory structures, unless attached to the building. 2.4 m from accessory dwellings, unless attached to the building. Building Height (maximum) 11.0 m for principal buildings. 5.0 m for accessory buildings or structures. Site Coverage (maximum) 75% includes ALL buildings or structures for ALL uses. *For frontage calculations on non-rectangular sites, refer to section 4.21. **Setbacks vary to provincial highways depending on the highway classification and should be confirmed with the Ministry of Highways. 89 Town of Pilot Butte ZONING BYLAW 14.0 C1 - COMMUNITY COMMERCIAL DISTRICT b) Convenience Store; Grocery Store. c) Day Care Centre. d) Food & Beverage Restaurant and Services; Fast Food Outlet. e) Health Facility and Services. f) Laundry Facility. g) Personal Service Establishment. h) Public Works and Utilities (excluding solid and liquid waste disposal uses). i) Shopping Centre or Strip Mall. 14.3 Discretionary Uses 14.3.1 The following are discretionary uses in the C1 - Community Commercial District and are subject to the completion of the Discretionary Use process: a) Community Centre, Facility, or Recreation Centre. b) Community Garden; Farmer's Market. c) Emergency and Protective Services. d) Heritage Site. e) Hotel/Motel. f) Modular and RTM Building. g) Place of Worship or Religious Assembly. h) Post Office. i) Public Open Space, Pathways, Parks, or Sports Field. j) Residential Care Home Type I & Type II. k) School. l) Service Station and Gas Bar; Car or Truck Wash. m) Spectator Entertainment Establishments. n) Swimming Pool (Public). o) Telecommunication Facility and Tower. 90 Town of Pilot Butte ZONING BYLAW 14.1 Purpose 14.1.1 The C1 - Community Commercial District is designed to provide for commercial developments that are adjacent to residential areas to serve the shopping and personal needs of the residents. Selected commercial land uses have been carefully assessed and listed as either permitted or discretionary uses. 14.1.2 Subject to section 5.3 of the OCP, the C1 district aims to promote the development of vacant lots for compatible and complementary commercial land uses that may help not only to boost the economic well-being of the citizens, but also to revitalize the core area by bringing commercial convenience land uses. 14.1.3 Any other compatible or complementary uses may be allowed with a conditional basis but shall be determined at the discretion of Council. Amendments to Zoning Bylaw and OCP may be required. 14.1.4 Existing non-conforming buildings, structures or uses may remain in operation in all C1 zones as per Section 4.3 of this Bylaw. Unless re-development of a site and/or change of land use of a lot are determined by the Town, the development shall adhere to the conditions set out in Section 4.4 of this Bylaw. 14.1.5 Where a parcel is re-zoned from C1 district to a Land Use categorized in the Town's Future Land Use Map, that parcel shall be subject to the regulations, site requirements, and developments set out in that Land Use equivalent's Zoning District in this Bylaw. (Example: A parcel that is under C1 Community Commercial District as per the Town's Zoning District Map may be developed and re-zoned for industrial establishments if the subject parcel is located within the M1 Limited Industrial Commercial District as per the Town's Future Land Use Map.) 14.2 Permitted Uses 14.2.1 The following are permitted uses in the C1 - Community Commercial District: a) Business and Professional Offices; Business Support Services. 14.4 Prohibited Uses 14.4.1 All uses not listed as a permitted use or a discretionary use are prohibited in the C1 - Community Commercial District, except for those uses identified as "ancillary" in this Bylaw. 14.4.2 All principal buildings made of shipping containers are prohibited in this zone. 14.5 Site Regulations and Development Standards 14.5.1 Public works and utilities are exempt from these site requirements. Where possible, the required setback shall be met. The proponent shall consult the responsible governmental agencies (including SaskPower, SaskEnergy, SaskTel and Access Communications, Water Security Agency, the Town of Pilot Butte, etc.) for direction on site requirements prior to construction. 14.5.2 The Development Officer may require a greater setback for any permitted or discretionary use if it is deemed that the use may substantially affect the safety and amenity of the adjacent properties. 14.5.3 Commercial parcels may be exempted from these site requirements in the case of a parcel physically severed as a result of road right-of-way or railway plans, drainage ditch, pipeline or transmission line, or natural features such as watercourses or water bodies. In these cases, there shall be no maximum site area. Existing commercial parcels may be enlarged to include adjoining land physically severed as a result of the above noted barriers. 14.5.4 Any subdivision, development, buildings, etc. proposed after the adoption of this Bylaw, shall comply with the site requirements and development standards as indicated in Table 15 below. 14.5.5 Any other related buildings, structures or dwellings that are not indicated in Table 15 may be proposed by the applicant and shall be at the discretion of the Development Officer in terms of the required site regulations and development standards. 14.5.6 Any building which does not conform to the development standards shall be deemed conforming with regard to setbacks, coverage, and height, provided that a building permit was issued prior to the adoption of this Bylaw. These buildings are not required to adhere to the site regulations and development standards unless in the event of demolition and/or re-development. 14.5.7 Any parcel which does not conform to the minimum or maximum site area requirement shall be deemed conforming, provided that a registered title for the site existed at Saskatchewan Land Registry prior to the adoption of this Bylaw. 14.5.8 The property owners are not required, but encouraged by the Town to either consolidate or subdivide their non-conforming sites to conform to the requirements of the C1 district. In the event of subdivision or consolidation, all site requirements outlined in Table 15 must be met. 91 Town of Pilot Butte ZONING BYLAW Table 15. C1 - Community Commercial District Site Requirements & Development Standards Land Use Site Area (Min-Max) Site Frontage* (Min-Max) Front Yard Setback (Min)** Side Yard Setback (Min)** Rear Yard Setback (Min)** Small-Scale Commercial, Community Service, or Industrial Use 400 m2 - 1,000 m2 15.0 m - 20.0 m 3.0 m 1.2 m 0 m from the property line which follows a common or party wall. 3.0 m 0 m from the property line which follows a common or party wall. Large-Scale Commercial, Community Service, or Industrial Use 1,000 m2 - 15,000 m2 20.0 m - 50.0 m 3.0 m 1.2 m 0 m from the property line which follows a common or party wall. 3.0 m 0 m from the property line which follows a common or party wall. Bare Land Condominium for Commercial, Community Service, or Industrial Use 150 m2 - 250 m2 per building unit 8.0 m - 20.0 m 3.0 m 1.2 m 0 m from the property line which follows a common or party wall. 3.0 m 0 m from the property line which follows a common or party wall. Accessory Buildings N/A N/A 3.0 m 1.2 m 1.2 m Building Separation (minimum) 1.0 m from accessory structures, unless attached to the building. 2.4 m from principal buildings, unless attached to the building. Building Height (maximum) 11.0 m for principal buildings. 5.0 m for accessory buildings or structures. Site Coverage (maximum) 75% includes ALL buildings or structures for ALL uses. *For frontage calculations on non-rectangular sites, refer to section 4.21. **Setbacks vary to provincial highways depending on the highway classification and should be confirmed with the Ministry of Highways. 92 Town of Pilot Butte ZONING BYLAW 15.0 C2 - HIGHWAY COMMERCIAL DISTRICT 15.1 Purpose 15.1.1 The C2 - Highway Commercial District is designed to provide for mixed-use commercial developments along Highway 46 and Highway 362. Commercial land uses within and along the highway corridor may spur the economic well- being of not only the Pilot Butte community, but also the neighbouring municipalities. Any development proposed along Highway 46 will require a Traffic Impact Assessment. 15.1.2 Subject to section 5.3 of the OCP, the Town strives for regional collaboration with the neighbouring communities and government agencies including the RM of Edenwold No. 158, Town of Balgonie, Town of White City, First Nation communities and the City of Regina with an aim to increase economic development for all municipalities and their citizens. 15.1.3 Any other compatible or complementary uses may be allowed with a conditional basis but shall be determined at the discretion of Council. Amendments to Zoning Bylaw and OCP may be require d. 15.1.4 Existing non-conforming buildings, structures or uses may remain in operation in all C2 zones as per Section 4.3 of this Bylaw. Unless re-development of a site and/or change of land use of a lot are determined by the Town, the development shall adhere to the conditions set out in Section 4.4 of this Bylaw. 15.1.5 Where a parcel is re-zoned from C2 district to a Land Use categorized in the Town's Future Land Use Map, that parcel shall be subject to the regulations, site requirements, and developments set out in that Land Use equivalent's Zoning District in this Bylaw. (Example: A parcel that is under C2 Highway Commercial District as per the Town's Zoning District Map may be developed and re-zoned for industrial establishments if the subject parcel is located within the M2 General Industrial Commercial District as per the Town's Future Land Use Map.) 15.2 Permitted Uses 15.2.1 The following are permitted uses in the C2 - Highway Commercial District: a) Business and Professional Offices; Business Support Services. b) Convenience Store; Grocery Store. c) Educational Institution and Support Facility. d) Food & Beverage Restaurant and Services; Fast Food Outlet. e) Health Facility and Services. f) Hotel/Motel. g) Personal Service Establishment. h) Public Works and Utilities (excluding solid and liquid waste disposal uses). i) Service Station and Gas Bar; Car or Truck Wash. j) Shopping Centre or Strip Mall. k) Spectator and Sports Entertainment Establishments. 15.3 Discretionary Uses 15.3.1 The following are discretionary uses in the C2 - Highway Commercial District and are subject to the completion of the Discretionary Use process: a) Boarding and Breeding Kennels. b) Community Centre, Facility, or Recreation Centre. c) Community Garden; Farmer's Market. d) Emergency Protective Services. e) Fabrication Shop. f) General Contractor Services. g) Heritage Site. h) Modular and RTM Building. i) Places of Worship or Religious Assembly. j) Post Office. k) Public Open Space, Pathways, Parks, or Sports Field. l) Residential Care Home Type I & Type II. m) School 93 Town of Pilot Butte ZONING BYLAW n) Swimming Pool (Public). o) Telecommunication Facility and Tower. p) Vehicle Sales and Service; Cardlock Operation. q) Veterinary Clinic. r) Warehouse Sales. 15.4 Prohibited Uses 15.4.1 All uses not listed as a permitted use or a discretionary use are prohibited in the C2 - Highway Commercial District, except for those uses identified as "ancillary" in this Bylaw. 15.4.2 All principal buildings made of shipping containers are prohibited in this zone. 15.5 Site Regulations and Development Standards 15.5.1 Public works and utilities are exempt from these site requirements. Where possible, the required setback shall be met. The proponent shall consult the responsible governmental agencies (including SaskPower, SaskEnergy, SaskTel and Access Communications, Water Security Agency, the Town of Pilot Butte, etc.) for direction on site requirements prior to construction. 15.5.2 The Development Officer may require a greater setback for any permitted or discretionary use if it is deemed that the use may substantially affect the safety and amenity of the adjacent properties. 15.5.3 Commercial parcels may be exempted from these site requirements in the case of a parcel physically severed as a result of road right- of-way or railway plans, drainage ditch, pipeline or transmission line, or natural features such as watercourses or water bodies. In these cases, there shall be no maximum site area. Existing commercial parcels may be enlarged to include adjoining land physically severed as a result of the above noted barriers. 15.5.4 Any subdivision, development, buildings, etc. proposed after the adoption of this Bylaw, shall comply with the site requirements and development standards as indicated in Table 16 below. 15.5.5 Any other related buildings, structures or dwellings that are not indicated in Table 16 may be proposed by the applicant and shall be at the discretion of the Development Officer in terms of the required site regulations and development standards. 15.5.6 Any building which does not conform to the development standards shall be deemed conforming with regard to setbacks, coverage, and height, provided that a building permit was issued prior to the adoption of this Bylaw. These buildings are not required to adhere to the site regulations and development standards unless in the event of demolition and/or re-development. 15.5.7 Any parcel which does not conform to the minimum or maximum site area requirement shall be deemed conforming, provided that a registered title for the site existed at Saskatchewan Land Registry prior to the adoption of this Bylaw. 15.5.8 The property owners are not required, but encouraged by the Town to either consolidate or subdivide their non-conforming sites to conform to the requirements of the C2 district. In the event of subdivision or consolidation, all site requirements outlined in Table 16 must be met. 94 Town of Pilot Butte ZONING BYLAW Table 16. C2 - Highway Commercial District Site Requirements & Development Standards Land Use Site Area (Min-Max) Site Frontage* (Min-Max) Front Yard Setback (Min)** Side Yard Setback (Min)** Rear Yard Setback (Min)** Small-Scale Commercial, Community Service, or Industrial Use 400 m2 - 1,000 m2 15.0 m - 20.0 m 3.0 m 1.2 m 0 m from the property line which follows a common or party wall. 3.0 m 0 m from the property line which follows a common or party wall. Large-Scale Commercial, Community Service, or Industrial Use 1,000 m2 - 20,000 m2 20.0 m - 60.0 m 3.0 m 1.2 m 0 m from the property line which follows a common or party wall. 3.0 m 0 m from the property line which follows a common or party wall. Bare Land Condominium for Commercial, Community Service, or Industrial Use 150 m2 - 250 m2 per building unit 8.0 m - 20.0 m 3.0 m 1.2 m 0 m from the property line which follows a common or party wall. 3.0 m 0 m from the property line which follows a common or party wall. Accessory Buildings N/A N/A 3.0 m 1.2 m 1.2 m Building Separation (minimum) 1.0 m from accessory structures, unless attached to the building. 2.4 m from principal buildings, unless attached to the building. Building Height (maximum) 11.0 m for principal buildings. 5.0 m for accessory buildings or structures. Site Coverage (maximum) 75% includes ALL buildings or structures for ALL uses. *For frontage calculations on non-rectangular sites, refer to section 4.21. **Setbacks vary to provincial highways depending on the highway classification and should be confirmed with the Ministry of Highways. 95 Town of Pilot Butte ZONING BYLAW 16.0 M1 - LIMITED INDUSTRIAL COMMERCIAL DISTRICT 16.1 Purpose 16.1.1 The M1 - Limited Industrial Commercial District is designed to limit or eliminate industrial commercial uses that may create extra nuisances (noise, smell, vibration, appearance, etc.) and/or that may fundamentally bring health and safety concerns to the adjacent residential neighbourhoods. This zone aims to mitigate the negative impacts that are being brought by incompatible or non- complementary land uses to the surrounding residential areas. 16.1.2 Commercial establishments will be permitted to gradually re-develop this M1 zone with appropriate developments that are compatible or complementary with the adjacent residential developments. 16.1.3 Any other compatible or complementary uses may be allowed with a conditional basis but shall be determined at the discretion of Council. Amendments to Zoning Bylaw and OCP may be required. 16.1.4 Existing non-conforming industrial buildings, structures or uses may remain in operation in all M1 zones as per Section 4.3 of this Bylaw. Unless re-development of a site and/or change of land use of a lot are determined by the Town, the development shall adhere to the conditions set out in Section 4.4 of this Bylaw. 16.1.5 Where there is a re-zoning application for a land under M1 district, the Town should encourage the applicant to prepare development proposals that conform to the Town of Pilot Butte's Future Land Use Map in effect - as this Map demonstrates the overall land use and development patterns within the Town of Pilot Butte's existing and future boundary. 16.1.6 Where a parcel is re-zoned from M1 district to a Land Use categorized in the Town's Future Land Use Map, the parcel shall be subject to the regulations, site requirements, and developments set out in that Land Use equivalent's Zoning District in this Bylaw. (Example: A parcel that is under M1 Limited Industrial Commercial District as per the Town's Zoning District Map may be developed and re- -zoned for commercial establishments if the subject parcel is located within the C1 Community Commercial District as per the Town's Future Land Use Map.) 16.2 Permitted Uses 16.2.1 The following are permitted uses in the M1 - Limited Industrial Commercial District: a) Convenience Store. b) Food & Beverage Restaurant and Services; Fast Food Outlet. c) General Contractor Services. d) Personal Service Establishment. e) Public Works and Utilities (excluding solid and liquid waste disposal uses). 16.3 Discretionary Uses 16.3.1 The following are discretionary uses in the M1 - Limited Industrial Commercial District and are subject to the completion of the Discretionary Use process: a) Business and Professional Offices; Business Support Services. b) Community Centre, Facility, or Recreation Centre. c) Educational Institution and Support Facility. d) Fabrication Shop; Manufacturing Establishment. e) Health Facility and Services. f) Heritage Site. g) Hotel/Motel. h) Modular and RTM Building. i) Post Office. j) Public Open Space, Pathways, Parks, or Sports Field. k) School. l) Service Station and Gas Bar; Car or Truck Wash. m) Storage Facility. 96 Town of Pilot Butte ZONING BYLAW n) Swimming Pool (Public). o) Telecommunication Facility and Tower. 16.4 Prohibited Uses 16.4.1 All uses not listed as a permitted use or a discretionary use are prohibited in the M1 - Limited Industrial Commercial District, except for those uses identified as "ancillary" in this Bylaw. 16.4.2 All principal buildings made of shipping containers are prohibited in this zone. 16.5 Site Regulations and Development Standards 16.5.1 Public works and utilities are exempt from these site requirements. Where possible, the required setback shall be met. The proponent shall consult the responsible governmental agencies (including SaskPower, SaskEnergy, SaskTel and Access Communications, Water Security Agency, the Town of Pilot Butte, etc.) for direction on site requirements prior to construction. 16.5.2 The Development Officer may require a greater setback for any permitted or discretionary use if it is deemed that the use may substantially affect the safety and amenity of the adjacent properties. 16.5.3 Industrial parcels may be exempted from these site requirements in the case of a parcel physically severed as a result of road right-of-way or railway plans, drainage ditch, pipeline or transmission line, or natural features such as watercourses or water bodies. In these cases, there shall be no maximum site area. Existing industrial parcels may be enlarged to include adjoining land physically severed as a result of the above noted barriers. 16.5.4 Any subdivision, development, buildings, etc. proposed after the adoption of this Bylaw, shall comply with the site requirements and development standards as indicated in Table 17 below. 16.5.5 Any other related buildings, structures or dwellings that are not indicated in Table 17 may be proposed by the applicant and shall be at the discretion of the Development Officer in terms of the required site regulations and development standards. 16.5.6 Any building which does not conform to the development standards shall be deemed conforming with regard to setbacks, coverage, and height, provided that a building permit was issued prior to the adoption of this Bylaw. These buildings are not required to adhere to the site regulations and development standards unless in the event of demolition and/or re-development. 16.5.7 Any parcel which does not conform to the minimum or maximum site area requirement shall be deemed conforming, provided that a registered title for the site existed at Saskatchewan Land Registry prior to the adoption of this Bylaw. 16.5.8 The property owners are not required, but encouraged by the Town to either consolidate or subdivide their non-conforming sites to conform to the requirements of the M1 district. In the event of subdivision or consolidation, all site requirements outlined in Table 17 must be met. 97 Town of Pilot Butte ZONING BYLAW Table 17. M1 - Limited Industrial Commercial District Site Requirements & Development Standards Land Use Site Area (Min-Max) Site Frontage* (Min-Max) Front Yard Setback (Min)** Side Yard Setback (Min)** Rear Yard Setback (Min)** Small-Scale Industrial Commercial Use 400 m2 - 1,000 m2 15.0 m - 20.0 m 3.0 m 1.2 m 0 m from the property line which follows a common or party wall. 3.0 m 0 m from the property line which follows a common or party wall. Bare Land Condominium for Industrial Commercial Use 150 m2 - 250 m2 per building unit 8.0 m - 20.0 m 3.0 m 1.2 m 0 m from the property line which follows a common or party wall. 3.0 m 0 m from the property line which follows a common or party wall. Accessory Buildings N/A N/A 3.0 m 1.2 m 1.2 m Building Separation (minimum) 1.0 m from accessory structures, unless attached to the building. 2.4 m from principal buildings, unless attached to the building. Building Height (maximum) 11.0 m for principal buildings. 5.0 m for accessory buildings or structures. Site Coverage (maximum) 75% includes ALL buildings or structures for ALL uses. *For frontage calculations on non-rectangular sites, refer to section 4.21. **Setbacks vary to provincial highways depending on the highway classification and should be confirmed with the Ministry of Highways. 98 Town of Pilot Butte ZONING BYLAW 17.0 M2 - GENERAL INDUSTRIAL COMMERCIAL DISTRICT 17.1 Purpose 17.1.1 The M2 - General Industrial Commercial District is designed to provide for the development of industrial-commercial businesses that are located away from incompatible residential areas. The zone aims to economically grow the industrial sector in a sustainable manner, and to entice industrial investment within Pilot Butte. 17.1.2 Any other compatible or complementary uses may be allowed with a conditional basis but shall be determined at the discretion of Council. Amendments to Zoning Bylaw and OCP may be required. 17.1.3 Existing non-conforming buildings, structures or uses may remain in operation in all M2 zones as per Section 4.3 of this Bylaw. Unless re-development of a site and/or change of land use of a lot are determined by the Town, the development shall adhere to the conditions set out in Section 4.4 of this Bylaw. 17.1.4 Where a parcel is re-zoned from M2 district to a Land Use categorized in the Town's Future Land Use Map, the parcel shall be subject to the regulations, site requirements, and developments set out in that Land Use equivalent's Zoning District in this Bylaw. (Example: A parcel that is under M2 General Industrial Commercial District as per the Town's Zoning District Map may be developed and re-zoned for commercial establishments if the subject parcel is located within the C2 Highway Commercial District as per the Town's Future Land Use Map.) 17.2 Permitted Uses 17.2.1 The following are permitted uses in the M2 - General Industrial Commercial District: a) Asphalt and Concrete Plant. b) Fabrication Shop; Manufacturing Establishment. c) General Contractor Services. d) Public Works and Utilities (excluding solid and liquid waste disposal uses). e) Recycling and Collection Depot. f) Service Station and Gas Bar; Cardlock Operation. g) Vehicle Sales and Service. h) Warehouse Sales. 17.3 Discretionary Uses 17.3.1 The following are discretionary uses in the M2 - General Industrial Commercial District and are subject to the completion of the Discretionary Use process: a) Boarding and Breeding Kennels. b) Emergency Protective Services. c) Farm Processing Facility. d) Heritage Site. e) Modular and RTM Building. f) Natural Resource Extraction. g) Post Office. h) Public Open Space, Pathways, Parks, or Sports Field. i) School. j) Storage Facility. k) Swimming Pool (Public). l) Telecommunication Facility and Tower. m) Veterinary Clinic. 17.4 Prohibited Uses 17.4.1 All uses not listed as a permitted use or a discretionary use are prohibited in the M2 - General Industrial Commercial District, except for those uses identified as "ancillary" in this Bylaw. 17.4.2 All principal buildings made of shipping containers are prohibited in this zone. 99 Town of Pilot Butte ZONING BYLAW 17.5 Site Regulations and Development Standards 17.5.1 Public works and utilities are exempt from these site requirements. Where possible, the required setback shall be met. The proponent shall consult the responsible governmental agencies (including SaskPower, SaskEnergy, SaskTel and Access Communications, Water Security Agency, the Town of Pilot Butte, etc.) for direction on site requirements prior to construction. 17.5.2 The Development Officer may require a greater setback for any permitted or discretionary use if it is deemed that the use may substantially affect the safety and amenity of the adjacent properties. 17.5.3 Industrial parcels may be exempted from these site requirements in the case of a parcel physically severed as a result of road right- of-way or railway plans, drainage ditch, pipeline or transmission line, or natural features such as watercourses or water bodies. In these cases, there shall be no maximum site area. Existing industrial parcels may be enlarged to include adjoining land physically severed as a result of the above noted barriers. 17.5.4 Any subdivision, development, buildings, etc. proposed after the adoption of this Bylaw, shall comply with the site requirements and development standards as indicated in Table 18 below. 17.5.5 Any other related buildings, structures or dwellings that are not indicated in Table 18 may be proposed by the applicant and shall be at the discretion of the Development Officer in terms of the required site regulations and development standards. 17.5.6 Any building which does not conform to the development standards shall be deemed conforming with regard to setbacks, coverage, and height, provided that a building permit was issued prior to the adoption of this Bylaw. These buildings are not required to adhere to the site regulations and development standards unless in the event of demolition and/or re-development. 17.5.7 Any parcel which does not conform to the minimum or maximum site area requirement shall be deemed conforming, provided that a registered title for the site existed at Saskatchewan Land Registry prior to the adoption of this Bylaw. 17.5.8 The property owners are not required, but encouraged by the Town to either consolidate or subdivide their non-conforming sites to conform to the requirements of the M2 district. In the event of subdivision or consolidation, all site requirements outlined in Table 18 must be met. 100 Town of Pilot Butte ZONING BYLAW Table 18. M2 - General Industrial Commercial District Site Requirements & Development Standards Land Use Site Area (Min-Max) Site Frontage* (Min-Max) Front Yard Setback (Min)** Side Yard Setback (Min)** Rear Yard Setback (Min)** Small-Scale Industrial Commercial Use 400 m2 - 1,000 m2 15.0 m - 20.0 m 3.0 m 1.2 m 0 m from the property line which follows a common or party wall. 3.0 m 0 m from the property line which follows a common or party wall. Large-Scale Industrial Commercial Use 1,000 m2 - 40,000 m2 20.0 m - 100.0 m 3.0 m 1.2 m 0 m from the property line which follows a common or party wall. 3.0 m 0 m from the property line which follows a common or party wall. Bare Land Condominium for Industrial Commercial Use 150 m2 - 500 m2 per building unit 8.0 m - 20.0 m 3.0 m 1.2 m 0 m from the property line which follows a common or party wall. 3.0 m 0 m from the property line which follows a common or party wall. Accessory Buildings N/A N/A 3.0 m 1.2 m 1.2 m Building Separation (minimum) 1.0 m from accessory structures, unless attached to the building. 2.4 m from principal buildings, unless attached to the building. Building Height (maximum) 11.0 m for principal buildings. 5.0 m for accessory buildings or structures. Site Coverage (maximum) 75% includes ALL buildings or structures for ALL uses. *For frontage calculations on non-rectangular sites, refer to section 4.21. **Setbacks vary to provincial highways depending on the highway classification and should be confirmed with the Ministry of Highways. 101 Town of Pilot Butte ZONING BYLAW 18.0 CS - COMMUNITY SERVICE DISTRICT 18.1 Purpose 18.1.1 The CS - Community Service District is designed to provide for a wide range of community services related land uses to enhance the social, cultural, education, and recreational opportunities for residents throughout the Town. 18.1.2 These essential services include government services, public works and utilities, recreation centres and open parks, schools, heritage parks, and cemeteries. These land uses will not only entice residents to live and play, but also will promote sports and leisure attractions to other people from neighbouring communities, boosting the Town's tourism sector. 18.1.3 Any other compatible or complementary uses may be allowed with a conditional basis but shall be determined at the discretion of Council. Amendments to Zoning Bylaw and OCP may be required. 18.1.4 Existing non-conforming buildings, structures or uses may remain in operation in all CS zones as per Section 4.3 of this Bylaw. Unless re-development of a site and/or change of land use of a lot are determined by the Town, the development shall adhere to the conditions set out in Section 4.4 of this Bylaw. 18.1.5 Where a parcel is re-zoned from CS district to a Land Use categorized in the Town's Future Land Use Map, that parcel shall be subject to the regulations, site requirements, and developments set out in that Land Use equivalent's Zoning District in this Bylaw. (Example: A parcel that is under CS Community Service District as per the Town's Zoning District Map may be developed and re-zoned for commercial establishments if the subject parcel is located within the C2 Highway Commercial District as per the Town's Future Land Use Map.) 18.2 Permitted Uses 18.2.1 The following are permitted uses in the CS - Community Service District: a) Municipal Facility. b) Public Works and Utilities (excluding solid and liquid waste disposal uses). c) School. d) Swimming Pool (Public). 18.3 Discretionary Uses 18.3.1 The following are discretionary uses in the CS - Community Service District and are subject to the completion of the Discretionary Use process: a) Business and Professional Offices; Business Support Services. b) Campground; Auction Ground; Fairground. c) Cemetery; Funeral Parlor and Services. d) Community Centre, Facility, or Recreation Centre. e) Community Garden; Farmer's Market. f) Convenience Store. g) Educational Institution and Support Facility. h) Emergency and Protective Services. i) Health Facility and Services. j) Heritage Site. k) Modular and RTM Building. l) Place of Worship or Religious Assembly. m) Post Office. n) Public Open Space, Pathways, Parks, or Sports Field. o) Recycling and Collection Depot. p) Spectator and Sports Entertainment Establishments. q) Telecommunication Facility and Tower. r) Waste Disposal Facility. 102 Town of Pilot Butte ZONING BYLAW 18.4 Prohibited Uses 18.4.1 All uses not listed as a permitted use or a discretionary use are prohibited in the CS - Community Service District, except for those uses identified as "ancillary" in this Bylaw. 18.4.2 All principal buildings made of shipping containers are prohibited in this zone. 18.5 Site Regulations and Development Standards 18.5.1 Public works and utilities are exempt from these site requirements. Where possible, the required setback shall be met. The proponent shall consult the responsible governmental agencies (including SaskPower, SaskEnergy, SaskTel and Access Communications, Water Security Agency, the Town of Pilot Butte, etc.) for direction on site requirements prior to construction. 18.5.2 The Development Officer may require a greater setback for any permitted or discretionary use if it is deemed that the use may substantially affect the safety and amenity of the adjacent properties. 18.5.3 Community Service parcels may be exempted from these site requirements in the case of a parcel physically severed as a result of road right-of-way or railway plans, drainage ditch, pipeline or transmission line, or natural features such as watercourses or water bodies. In these cases, there shall be no maximum site area. Existing community service parcels may be enlarged to include adjoining land physically severed as a result of the above noted barriers. 18.5.4 Any subdivision, development, buildings, etc. proposed after the adoption of this Bylaw, shall comply with the site requirements and development standards as indicated in Table 19 below. 18.5.5 Any other related buildings, structures or dwellings that are not indicated in Table 19 may be proposed by the applicant and shall be at the discretion of the Development Officer in terms of the required site regulations and development standards. 18.5.6 Any building which does not conform to the development standards shall be deemed conforming with regard to setbacks, coverage, and height, provided that a building permit was issued prior to the adoption of this Bylaw. These buildings are not required to adhere to the site regulations and development standards unless in the event of demolition and/or re-development. 18.5.7 Any parcel which does not conform to the minimum or maximum site area requirement shall be deemed conforming, provided that a registered title for the site existed at Saskatchewan Land Registry prior to the adoption of this Bylaw. 18.5.8 The property owners are not required, but encouraged by the Town to either consolidate or subdivide their non-conforming sites to conform to the requirements of the CS district. In the event of subdivision or consolidation, all site requirements outlined in Table 19 must be met. 103 Town of Pilot Butte ZONING BYLAW Table 19. CS - Community Service District Site Requirements & Development Standards Land Use Site Area (Min) Site Frontage* (Min) Front Yard Setback (Min)** Side Yard Setback (Min)** Rear Yard Setback (Min)** Small-Scale Community Service or Commercial Use 300 m2 12.0 m 3.0 m 1.2 m 0 m from the property line which follows a common or party wall. 3.0 m 0 m from the property line which follows a common or party wall. Large-Scale Community Service or Commercial Use 300 m2 15.0 m 3.0 m 1.2 m 0 m from the property line which follows a common or party wall. 3.0 m 0 m from the property line which follows a common or party wall. Bare Land Condominium for Community Service or Commercial Use 100 m2 8.0 m 3.0 m 1.2 m 0 m from the property line which follows a common or party wall. 3.0 m 0 m from the property line which follows a common or party wall. Accessory Buildings N/A N/A 3.0 m 1.2 m 1.2 m Building Separation (minimum) 1.0 m from accessory structures, unless attached to the building. 2.4 m from principal buildings, unless attached to the building. Building Height (maximum) 11.0 m for principal buildings. 5.0 m for accessory buildings or structures. Site Coverage (maximum) 75% includes ALL buildings or structures for ALL uses. *For frontage calculations on non-rectangular sites, refer to section 4.21. **Setbacks vary to provincial highways depending on the highway classification and should be confirmed with the Ministry of Highways. 104 Town of Pilot Butte ZONING BYLAW 19.0 AGM - AGRICULTURAL INDUSTRIAL DISTRICT 19.1 Purpose 19.1.1 The AGM - Agricultural Industrial District is designed to preserve and enrich the viability of farmlands for long-term use and economic development in the agricultural sector. 19.1.2 Any other compatible or complementary uses may be allowed with a conditional basis but shall be determined at the discretion of Council. Amendments to Zoning Bylaw and OCP may be required. 19.1.3 Existing non-conforming buildings, structures or uses may remain in operation in AGM zone as per Section 4.3 of this Bylaw. Unless re- development of a site and/or change of land use of a lot are determined by the Town, the development shall adhere to the conditions set out in Section 4.4 of this Bylaw. 19.1.4 Where a parcel is re-zoned from AGM district to a Land Use categorized in the Town's Future Land Use Map, the parcel shall be subject to the regulations, site requirements, and developments set out in that Land Use equivalent's Zoning District in this Bylaw. (Example: A parcel that is under AGM Agricultural Industrial District as per the Town's Zoning District Map may be developed and re-zoned for commercial establishments if the subject parcel is located within the C2 Highway Commercial District as per the Town's Future Land Use Map.) 19.2 Permitted Uses 19.2.1 The following are permitted uses in the AGM - Agricultural Industrial District: a) Agricultural Residential Development. b) Home-Based Business (Minor). c) Public Works and Utilities (excluding solid and liquid waste disposal uses). 19.3 Discretionary Uses 19.3.1 The following are discretionary uses in the AGM - Agricultural Industrial District and are subject to the completion of the Discretionary Use process: a) Community Centre, Facility, or Recreation Centre. b) Community Garden; Farmer's Market. c) Farm Processing Facility. d) Heritage Site. e) Home-Based Business (Major). f) Legal Suite. g) Livestock Operation. h) Modular and RTM Building. i) Public Open Space, Pathways, Parks, or Sports Field. j) School. k) Telecommunication Facility and Tower. 19.4 Prohibited Uses 19.4.1 All uses not listed as a permitted use or a discretionary use are prohibited in the AGM - Agricultural Industrial District, except for those uses identified as "ancillary" in this Bylaw. 19.4.2 All principal buildings made of shipping containers are prohibited in this zone. 19.5 Site Regulations and Development Standards 19.5.1 Public works and utilities are exempt from these site requirements. Where possible, the required setback shall be met. The proponent shall consult the responsible governmental agencies (including SaskPower, SaskEnergy, SaskTel and Access Communications, Water Security Agency, the Town of Pilot Butte, etc.) for direction on site requirements prior to construction. 19.5.2 The Development Officer may require a greater setback for any permitted or discretionary use if it is deemed that the use may substantially affect the safety and amenity of the adjacent properties. 19.5.3 Agricultural Industrial parcels may be exempted from these site requirements in the case of a parcel physically severed as a result of road right-of-way or railway plans, drainage ditch, pipeline or transmission line, or natural features such as watercourses or water bodies. 105 Town of Pilot Butte ZONING BYLAW In these cases, there shall be no maximum site area. Existing industrial parcels may be enlarged to include adjoining land physically severed as a result of the above noted barriers. 19.5.4 Any subdivision, development, buildings, etc. proposed after the adoption of this Bylaw, shall comply with the site requirements and development standards as indicated in Table 20 below. 19.5.5 Any other related buildings, structures or dwellings that are not indicated in Table 20 may be proposed by the applicant and shall be at the discretion of the Development Officer in terms of the required site regulations and development standards. 19.5.6 Any building which does not conform to the development standards shall be deemed conforming with regard to setbacks, coverage, and height, provided that a building permit was issued prior to the adoption of this Bylaw. These buildings are not required to adhere to the site regulations and development standards unless in the event of demolition and/or re-development. 19.5.7 Any parcel which does not conform to the minimum or maximum site area requirement shall be deemed conforming, provided that a registered title for the site existed at Saskatchewan Land Registry prior to the adoption of this Bylaw. 19.5.8 The property owners are not required, but encouraged by the Town to either consolidate or subdivide their non-conforming sites to conform to the requirements of the AGM district. In the event of subdivision or consolidation, all site requirements outlined in Table 20 must be met. Table 20. AGM - Agricultural Industrial District Site Requirements & Development Standards Land Use Site Area (Min-Max) Site Frontage* (Min-Max) Front Yard Setback (Min)** Side Yard Setback (Min)** Rear Yard Setback (Min)** Small-Scale Agricultural Industrial Use 400 m2 - 1,000 m2 15.0 m - 20.0 m 6.5 m 1.2 m 0 m from the property line which follows a common or party wall. 3.0 m 0 m from the property line which follows a common or party wall. Large-Scale Agricultural Industrial Use 1,000 m2 - 40,000 m2 20.0 m - 100.0 m 6.5 m 1.2 m 0 m from the property line which follows a common or party wall. 3.0 m 0 m from the property line which follows a common or party wall. Bare Land Condominium for Agricultural Industrial Use 150 m2 - 500 m2 per building unit 8.0 m - 20.0 m 3.0 m 1.2 m 0 m from the property line which follows a common or party wall. 3.0 m 0 m from the property line which follows a common or party wall. Accessory Buildings N/A N/A 6.5 m 1.2 m 1.2 m Building Separation (minimum) 1.0 m from accessory structures, unless attached to the building. 2.4 m from principal buildings, unless attached to the building. Building Height (maximum) 11.0 m for principal buildings. 5.0 m for accessory buildings or structures. Site Coverage (maximum) 75% includes ALL buildings or structures for ALL uses. *For frontage calculations on non-rectangular sites, refer to section 4.21. **Setbacks vary to provincial highways depending on the highway classification and should be confirmed with the Ministry of Highways. 106 Town of Pilot Butte ZONING BYLAW 20.0 UH - URBAN HOLDING DISTRICT 20.1 Purpose 20.1.1 The UH - Urban Holding District is designed to hold non-subdivided or undeveloped lands for future urban development. The Official Community Plan Future Land Use Map exhibits the overall land use and development patterns of the Town of Pilot Butte, and displays the existing and future boundaries. The Town should encourage all stakeholders to prepare development proposals that conform to the Town of Pilot Butte's Future Land Use Map in effect. 20.1.2 Notwithstanding subsection 20.1.1, the UH district will permit less intensive land uses for short-term period, including Home-Based Business (Minor), to provide development opportunities that are feasible in the area. Necessary uses such as Public Works and Utilities will continue to be permitted in this zone. 20.1.3 Any other compatible or complementary uses may be allowed with a conditional basis but shall be determined at the discretion of Council. Amendments to Zoning Bylaw and OCP may be required. 20.1.4 Existing non-conforming buildings, structures or uses may remain in operation in all UH zones as per Section 4.3 of this Bylaw. Unless re-development of a site and/or change of land use of a lot are determined by the Town, the development shall adhere to the conditions set out in Section 4.4 of this Bylaw. 20.1.5 Existing legally non-conforming residential lots situated within UH district may continue to have development opportunities and shall be subject with site requirements and development standards of either R1, R1A or R2 district depending on the assessment of the Development Officer upon receiving the Development Permit application. 20.1.6 Where a parcel is re-zoned from UH district to a Land Use categorized in the Town's Future Land Use Map, that parcel shall be subject to the regulations, site requirements, and developments set out in that Land Use equivalent's Zoning District in this Bylaw. (Example: A parcel that is under UH Urban Holding District as per the Town's Zoning District Map may be developed and re-zoned for multi-family dwellings if the subject parcel is located within the R3 Multiple Unit Residential District as per the Town's Future Land Use Map.) 20.1.7 Development proposals that are not identified within this Urban Holding District and the Future Land Use Map shall all be at the discretion of Council. Amendments to Zoning Bylaw and OCP shall be required. 20.2 Permitted Uses 20.2.1 The following are permitted uses in the UH - Urban Holding District: a) Home-Based Business (Minor). b) Public Works and Utilities (excluding solid and liquid waste disposal uses). 20.3 Discretionary Uses 20.3.1 The following are discretionary uses in the UH - Urban Holding District and are subject to the completion of the Discretionary Use process: a) Campground; Auction Ground; Fairground. b) Community Centre, Facility, or Recreation Centre. c) Community Garden; Farmer's Market. d) Heritage Site. e) Home-Based Business (Major). f) Modular and RTM Building. g) Public Open Space, Pathways, Parks, or Sports Field. h) School. i) Spectator and Sports Entertainment Establishments. j) Telecommunication Facility and Tower. k) Drive-In Theatre. 107 Town of Pilot Butte ZONING BYLAW 20.4 Prohibited Uses 20.4.1 All uses not listed as a permitted use or a discretionary use are prohibited in the UH - Urban Holding District, except for those uses identified as "ancillary" in this Bylaw. 20.4.2 All principal buildings made of shipping containers are prohibited in this zone. 20.5 Site Regulations and Development Standards 20.5.1 Public works and utilities are exempt from these site requirements. Where possible, the required setback shall be met. The proponent shall consult the responsible governmental agencies (including SaskPower, SaskEnergy, SaskTel and Access Communications, Water Security Agency, the Town of Pilot Butte, etc.) for direction on site requirements prior to construction. 20.5.2 The Development Officer may require a greater setback for any permitted or discretionary use if it is deemed that the use may substantially affect the safety and amenity of the adjacent properties. 20.5.3 Any subdivision, development, buildings, etc. proposed after the adoption of this Bylaw, shall comply with the site requirements and development standards as indicated in Table 21 below. 20.5.4 Any other related buildings, structures or dwellings that are not indicated in Table 21 may be proposed by the applicant and shall be at the discretion of the Development Officer in terms of the required site regulations and development standards. 20.5.5 Any building which does not conform to the development standards shall be deemed conforming with regard to setbacks, coverage, and height, provided that a building permit was issued prior to the adoption of this Bylaw. These buildings are not required to adhere to the site regulations and development standards unless in the event of demolition and/or re-development. 20.5.6 Any parcel which does not conform to the minimum or maximum site area requirement shall be deemed conforming, provided that a registered title for the site existed at Saskatchewan Land Registry prior to the adoption of this Bylaw. 20.5.7 The property owners are not required, but encouraged by the Town to either consolidate or subdivide their non-conforming sites to conform to the requirements of the UH district. In the event of subdivision or consolidation, all site requirements outlined in Table 21 must be met. 108 Town of Pilot Butte ZONING BYLAW Table 21. UH - Urban Holding District Site Requirements & Development Standards Land Use Site Area (Min) Site Frontage* (Min) Front Yard Setback (Min)** Side Yard Setback (Min)** Rear Yard Setback (Min)** Small-Scale Community Service or Commercial Use 300 m2 12.0 m 3.0 m 1.2 m 0 m from the property line which follows a common or party wall. 3.0 m 0 m from the property line which follows a common or party wall. Large-Scale Community Service or Commercial Use 300 m2 15.0 m 3.0 m 1.2 m 0 m from the property line which follows a common or party wall. 3.0 m 0 m from the property line which follows a common or party wall. Bare Land Condominium for Community Service or Commercial Use 100 m2 8.0 m 3.0 m 1.2 m 0 m from the property line which follows a common or party wall. 3.0 m 0 m from the property line which follows a common or party wall. Accessory Buildings N/A N/A 3.0 m 1.2 m 1.2 m Building Separation (minimum) 1.0 m from accessory structures, unless attached to the building. 2.4 m from principal buildings, unless attached to the building. Building Height (maximum) 11.0 m for principal buildings. 5.0 m for accessory buildings or structures. Site Coverage (maximum) 75% includes ALL buildings or structures for ALL uses. *For frontage calculations on non-rectangular sites, refer to section 4.21. **Setbacks vary to provincial highways depending on the highway classification and should be confirmed with the Ministry of Highways. 109 Town of Pilot Butte ZONING BYLAW 21.0 POTENTIALLY HAZARDOUS LANDS OVERLAY 21.1 Where a proposed development or subdivision is located within an area identified as potentially hazardous, which includes potentially unstable lands, lands where a water body or water bodies are present, flood plains and other flood-prone areas, environmentally sensitive areas and lands on top of sensitive aquifers and/or contaminated lands, Council may require the applicant to submit a topographic survey, an environmental site assessment, geo-technical report, safe building elevations or other technical information to evaluate the presence of the potential hazard. 21.2 A copy of all Provincial and/or Federal permits obtained by the applicant regarding development adjacent to potentially hazardous lands must be provided to the Town. 21.3 Where development is proposed on any parcel of land that lies on, partially within or near a sloped area that may be unstable or subject to erosion, the following standards apply: a) A detailed Site Analysis prepared by a geotechnical engineer registered in the Province of Saskatchewan must accompany the Development Permit. The site analysis shall indicate topography, surface drainage, geological and geotechnical conditions at the site of the proposed development and shall evaluate the conditions of the general area as they relate to slope instability and erosion hazards. Also, the site analysis must include confirmation that the site is suitable for development or outlines suitable mitigation measures that will ensure the site is suitable for development and documents residual hazards. b) Council may require a surveyor to determine where the line or crest of slope is located at the developer's expense and the Town may require buildings to be setback a certain distance from the line as per recommendations from a geotechnical engineer. c) No new development shall be permitted in any eroded or unstable slope area if the proposed development will be affected by or increase potential hazard. d) Trees or vegetation within 20 metres of any slope greater than 15% shall not be cleared. A professional engineer shall be engaged at the cost of the developer to evaluate the potential impacts of any vegetation clearing, if necessary. 21.4 Construction of new buildings and additions within the floodway of any water course or water body is prohibited. Construction of buildings and other permanent structure may be permitted in the flood fringe; however, all dwelling portions of buildings shall be flood proofed up to the safe building elevation (an elevation that is 0.5 metres above the 1:500-year flood elevation for the site). 21.5 Where development is proposed in an area with potentially flood-prone lands, the following restrictions apply: a) No development shall obstruct, increase or otherwise adversely alter water and flood flows and velocities. b) There shall be no added risk to life, health or personal safety as a result of the development. c) All structures and services must be protected against flood damage and must be fully functional during high water events or hazard conditions. d) Activities that alter existing slopes and may accelerate or promote erosion or bank instability shall be prohibited unless appropriate mitigation measures are taken to minimize the potential of such erosion or instability. e) Existing tree and vegetation cover shall be preserved where appropriate to reduce erosion and maintain bank stability. 21.6 Any development near potentially flood-prone areas is subject to the following standards: a) No person shall use any land, erect, alter or use any building or structure within a potential flood-prone area without a Development Permit. The development of any permanent building or structures including accessory buildings is prohibited within the floodway area, which contains all lands within the 1:500-year flood elevation. No Development Permit shall be 110 Town of Pilot Butte ZONING BYLAW issued for any land use, erection, alteration or use of any building or structure unless the site/development meets the safe building elevation, which is 0.5 metres above the 1:500-year flood elevation. b) All buildings constructed within the flood fringe shall be adequately flood-proofed to an elevation of no less than 0.5 metres above the 1:500-year flood elevation. c) No person shall backfill, grade, deposit earth or other material, excavate, or store goods or materials on these lands nor plant any vegetation parallel to the waterflow. d) Hazardous substances, waste, and dangerous goods are prohibited in flood- prone areas, as defined by the Hazardous Substances and Waste Dangerous Goods Regulations of the Environmental Management and Protection Act of Saskatchewan. e) Residential Institutions including but not limited to, hospitals, senior citizen homes, homes with special care and similar facilities, where flooding could pose a significant threat to the safety of the residents if evacuation becomes necessary shall not be located within the flood fringe. 21.7 Any development near a watercourse or waterbody is subject to the following standards: a) For all proposed developments located within 200 metres of a waterbody the develo-per shall be responsible for obtaining and determining the 1:500 year estimated peak water level to determine the safe building elevation. b) Trees or vegetation shall not be cleared from any land within 20 metres of any water-course, water body, escarpment, where the removal could have a negative impact on the water body, unless permitted by any provincial Ministry responsible for the management of water and the environment (such as Water Security Agency) and the Town. c) Unless a report by a registered professionalengineer proves that it is safe to waive the building setbacks the following setbacks in Table 22 shall apply for all developments along a coulee, ravine or valley with or without a permanent flow of water. Table 22. Minimum Building or Structure Setback from the Top of a Bank Vertical Depth of Coulee, Ravine or Valley Minimum Setback from the Top of the Bank Less than 15 meters 10 meters Greater than 15 meters and less than 30 meters 15 meters Greater than 30 meters 21 meters 21.8 In all cases, development shall be carried out in a manner that minimizes, mitigates and avoids impact on waterways, watersheds, water bodies, wetlands, shore lands, aquifer and groundwater. 21.9 Where contamination may be present on a site proposed for development an Environmental Site Assessment prepared by a qualified professional shall be performed and submitted to the Town to determine the potential contaminates and quantities that may be present on site. Further investigation and studies may be required by the Town to evaluate the presence of contamination and determine the measures to be taken to remediate the site. 21.10 Land uses with the potential to contaminate water sources, major wetlands, infiltration areas, sizable water bodies and watercourses must establish reasonable mitigation measures to reduce or eliminate potential contamination. 21.11 The Town may include appropriate mitigation measures as conditions of approval for new development that has the potential to contaminate water sources, major wetlands, infiltration areas, sizable water bodies and watercourses. 21.12 A Stormwater Management Plan will be required for land uses were run-off or spilled contaminants may be hazardous to water supplies. 111 Town of Pilot Butte ZONING BYLAW Appendix A - Zoning District Map 112 Town of Pilot Butte ZONING BYLAW Bylaw No. 13-2024 C1 - R1 Bylaw No. 10-2024 RS1 - R3 Bylaw No. 09-2024 RS1 - R1 Bylaw No. 10-2024 RS1 - R3 Bylaw No. 09-2024 RS1 - R1 Bylaw No. 10-2024 RS1 - R3 Bylaw No. 09-2024 RS1 - R1 Bylaw No. 13-2024 C1 - R1 Bylaw No. 09-2024 RS1 - R1 Bylaw No. 10-2024 RS1 - R3 Bylaw No. 13-2024 C1 - R1 Town of Pilot Butte ZONING BYLAW 113 Appendix B - Definitions Town of Pilot Butte ZONING BYLAW Page 1 of 41 Appendix B - Definitions Wherever in the Town of Pilot Butte Official Community Plan and Zoning Bylaw, the following words or terms shall, unless the context otherwise provides, be held to have the following meanings: A Abattoir: Means a building where animals are slaughtered for the purposes of processing meat into food for human consumption and may include the packing, treating, storing and sale of the products on site as an accessory use. Abut: To physically touch or border or share all or part of a common site line. Access: The principal means of a pedestrian or vehicular entry to, and exit from, a site or building. This may include approaches or driveways, walkways, roadways, streets, highways, etc. Accessory: A building, structure or use of a site which is secondary to the established principal building, structure or use on a site. Act: Referring to all the legislative Acts enacted by the Province of Saskatchewan and Federal Government of Canada. All Acts mentioned in this Bylaw are pertaining to the most up-to- date documents inclusive with all approved amendments if applicable. Adjacent: Contiguous or would be contiguous if not for a river, stream, railway, road or utility right-of-way or reserve land, and any other land identified in this Bylaw as adjacent land for notifications. Adjoin: Same meaning as "Abut". Administrator: The Administrator for the Town of Pilot Butte. Aggregate Extraction: Means an area (e.g., pit area) where sand, gravel and rock fragments are mined or excavated for sale or off-lot use. Aggregate Extraction Operation: Means a site including accessory buildings and structures used for the removal, refinement and/or processing of sand, gravel, stone or other aggregate resources, and may include borrow pits, gravel pits and stone quarries, but does not include an asphalt plant or a concrete plant. Aggregate Resource: Raw materials including sand, gravel, clay, earth, or rock found on or under a site. Agribusiness: Means any activity involving the processing of raw agricultural products, or the providing of value-added functions with regard to raw agricultural products. Agricultural Residential Development: Means the establishment of a residence on an agricultural holding in the absence of subdivision where the residence remains directly appurtenant to the agricultural operation as a permitted accessory building. Alley: A narrow passageway between or behind buildings. Town of Pilot Butte ZONING BYLAW Page 2 of 41 Source: Kael Bloom (2020) All Terrain Vehicle (ATV): The meaning shall be as per The All Terrain Vehicles Act and subject to the Town's ATV Bylaw. Alteration: Any structural change or addition made to any building, structure or use of a lot or site. Amenity Area: Means an area intended for recreational purposes including open spaces, communal play areas, lounges, sundecks and roof decks, excluding areas occupied at grade by the buildings, service areas, parking areas or driveways. Amenity Area, Private: Means an amenity area that is connected to, and intended for exclusive use by the occupants of the unit for which it has been provided, including patios, balconies, and sundecks but excluding areas occupied at grade by the buildings, service areas, parking areas or driveways. Ancillary: Means a land use, purpose, building, structure or activity which is directly related to, and subservient to, the lawful dominant use of the property. Animal, Domestic: A domesticated animal kept as a household pet or a personal service animal. Excludes livestock. Animal Clinic: Same meaning as "Veterinary Clinic". Animal Shelter: Means the use of land or premises for the temporary care of lost, abandoned, or neglected animals. Annexation: The formal process through which land in one jurisdiction is transferred to the jurisdiction of another municipality. Apartment: A building containing five or more building units divided either or both vertically and/ or horizontally, where each unit has access to an interior common corridor system with shared entrance and exit, or has separate entrances or exits on the same lot or site. The apartment building shall meet the standards set out in The Construction Codes Act. Applicant: A property owner, a developer, professional representative, or person applying for a Development Permit, Building Permit and any other permits mentioned under this Zoning Bylaw and/or seeking for a subdivision approval from the Approving Authority under the PDA. Approach: A portion of land used for access and egress of motor vehicles located between the roadway of a public street and private property. Source: Zachary Keimig (2020) Approving Authority: As defined by The Planning and Development Act. Town of Pilot Butte ZONING BYLAW Page 3 of 41 Aquatic Vegetation: Means a plant characteristically growing wholly or partly submerged in water. Aquifer: A confined or unconfined, subterranean body of water. Aquifer Protection Plan: A comprehensive document that outlines the preventative measure and actions to mitigate potential threats to the existing aquifer. Asphalt Plant: A facility used to produce asphalt or asphalt products that are used in building or construction and includes facilities for the administration or management of the business, the stockpiling of bulk materials used in the production process and/or finished products manufactured on the site and the storage of required equipment. Asset Management Plan (AMP): Means a plan developed for the management of an infrastructure asset or asset category that combines multi- disciplinary management techniques (including technical and financial) over the lifecycle of the asset. The Town's AMP will provide strategic fiscal planning and management on the municipal infrastructure assets. Auction Ground: Means the use of land or premises for the storage of goods and materials which are to be sold on the premises by public or private auction and for the sale of said goods and materials on an occasional basis. B Bare Land Unit: Means a land or unit that is situated within a parcel and described as a "bare land unit" in a Condominium Plan. Basement: Is the underground portion of a building that is between two floor levels with not more than one half of its height from finished floor to finished ceiling above the finished grade. Basement Suite: A type of self-contained secondary suite that is located underground of a principal dwelling and shall comply with the same regulations prescribed for a secondary suite in this Bylaw. Standards set out in The Construction Codes Act must be met. Bed and Breakfast Homestay: A dwelling unit where short-term accommodation and one meal per day is provided to the travelling public for a charge. This dwelling unit must be licensed under The Public Accommodation Regulations, 1997. Bedroom Community: A residential suburb inhabited largely by people who commute to a nearby city for work. The Town of Pilot Butte is considered as a bedroom community of the City of Regina in the Province of Saskatchewan. Bicycle Parking: Means a portion of land with freestanding racks or stands designed to secure bicycles for short-term or long-term parking. Billboard: A private, permanent free- standing sign, including supporting structures, which advertises goods, products, services, organizations, or facilities that are available from, located on, or refer to, a site other than the site on which the sign is located. Block: Means an area bounded by four public streets, excluding lanes. Boulevard: The strip of land between the curb and the property line, or in the absence of a curb, the strip of land between the road/pavement edge and the property line. The boulevard is located within the street or road right-of-way. Town of Pilot Butte ZONING BYLAW Page 4 of 41 Source: Google Earth (2013) Boundary: A line that marks the limits of an area; a dividing line. Brownfield: Means any vacant, abandoned or underutilized real property, land or building which may be hindered to develop or re-develop by environmental contamination. Source: politics.co.uk (2022) Buffer: Land, natural features, structure, development or a form of development that physically or visually separates and reduces the impact of incompatible land uses. Buffer, Vegetative: A landscaped or natural area intended to visibly separate and screen one use from another to improve land use compatibility and environmental quality by reducing noise, lighting glare, and other nuisances, or facilitating natural drainage and wildlife movement. Buffer Strip: The provision of land as a buffer between adjacent land uses deemed to be incompatible. If, in the opinion of the Approving Authority, a Plan of Proposed Subdivision requires a buffer strip, the owner of the land shall provide, without compensation, land sufficient for that purpose and shall legally label as "MB" which means Municipal Buffer. Source: Information Services Corporation (2022) Buildable Area: That portion of the lot or site remaining after required yard setbacks have been provided. Building: A structure used or intended to be used for the shelter or accommodation of persons, animals and goods, chattels, or equipment, having a roof which is supported by columns or walls and including tents or other temporary structures. Building, Accessory: A building or structure of a site which is secondary to the established principal building or structure. Building, Ancillary: Means a building or structure which is directly related to, and subservient to, the lawful dominant building of the property. Town of Pilot Butte ZONING BYLAW Page 5 of 41 Building, Principal: A building which is used for the main or primary use of the site on which said building is situated. Building, Single-Detached: A detached building consisting of one (1) building unit with entrance placed on a single lot or within a bare land condominium. The single-detached building shall meet the standards set out in The Construction Codes Act. Building Bylaw: A bylaw which regulates the erection, alteration, repair, occupancy, or maintenance of a building and/or structure, and which complies with the requirements of The Construction Codes Act. Building Floor Area: Means the greatest horizontal area of a building above grade within outside surface of exterior walls or within the outside surface or exterior walls and the centre line of firewalls. Building Line: The line of the wall of the building, or any projecting portion of the building and production thereof, excluding permitted encroachments which faces any lot line. Building Line, Front: The line of the wall of the building, or any projecting portion of the building and production thereof, excluding permitted encroachments which faces the front lot line. Building Line, Rear: The line of the wall of the building or any projecting portion of the building and production thereof, excluding permitted encroachments which faces the rear lot line. Building Line, Side: The line of the wall of the building or any projecting portion of the building and production thereof, excluding permitted encroachments which faces the side lot line. Building Grade: Means the average of the finished ground adjacent to each face of the building taken at the centre of the wall. Building Height: The vertical distance measured from the average grade level to the highest point on the building measured from the grade level to the highest point of the roof surface, if the roof is flat; the deck line of a mansard roof; and, to the mean height level between eaves and ridge for a gable, hip or gambrel roof, exclusive of any items mentioned in this Bylaw. Building Inspector: The official appointed by the Local Authority to administer and enforce the provisions of The Construction Codes Act and the Building Bylaw enacted by the Town of Pilot Butte. Building Official: Same meaning as "Building Inspector". Building Officer: Employee of the Town assigned to administer the Building Bylaw. Building Permit: Means a permit issued by the Town of Pilot Butte that authorizes the erection, placement, construction, alteration, repair, renovation, or reconstruction for all or part of a building or structure but is not the same as, and does not include the Development Permit requirements. Building Separation: A distance between two or more buildings, which may be on the same site or on different lots. Town of Pilot Butte ZONING BYLAW Page 6 of 41 Building Unit: A building unit that is capable to accommodate any general commercial, community service, industrial, or residential uses. The building unit may contain sanitary facilities, kitchen components, and/or sleeping facilities. For the purposes of this definition, "kitchen components" include, but are not limited to cabinets, refrigerators, sinks, stoves, ovens, microwaves ovens or other cooking appliances. Bulk Fuel Sales and Storage: Lands, buildings and structures used for the storage and distribution of fuels and oils including retail sales of cardlock operation. Business and Professional Offices: A place where non-retail business operations are conducted for the following purposes: a) Administration and management b) Financial establishments c) General businesses d) Professional services e) Real estate f) Insurance office g) Industry office Business Support Services: The use of land or premises to provide support services to businesses and by means of (without limitation) the use of minor mechanical equipment for printing, duplicating, binding or photographic processing; secretarial services; the provision of office maintenance or custodial services; the provision of office security; and, the sale, rental, repair, or servicing of office equipment, furniture and machines. Typical uses include printing establishments, film processing establishments, janitorial firms and office equipment sales, repair establishments, and sign shops. Bylaw: A regulation and an ordinance made and enforceable by any municipality. The uppercase term 'Bylaw' pertains to this Zoning Bylaw, while lowercase 'bylaw(s)' pertains to other bylaws enacted by the Town or other municipalities. Bylaw Enforcement: Means an activity that aims to promote, facilitate and enforce general compliance with the provisions of the Town of Pilot Butte bylaws that pertain to the general welfare, safety and security of the community. Bylaw Enforcement Officer: Means an employee or contracted official appointed by Council as a Bylaw Enforcement Officer pursuant to The Municipalities Act. C Campground: A site used for short-term, temporary, and seasonal accommodations in tents, tent trailers, travel trailers (including fifth wheel trailers) recreational vehicles and campers. The site may include accessory uses such as laundry services, public washrooms and shower rooms, recreational uses, general store, etc. Cannabis: Means a cannabis plant, as defined in The Cannabis Act (Canada) and anything referred to in (a), (b)and (c) but does not include: a non- viable seed of a cannabis plant; a mature stalk, without any leaf, flower, seed or branch of such a plant; and, fiber derived from a stalk or the root or any part of the root of such a plant. a) Any part of a cannabis plant, including the phytocannabinoids produced by, or found in, such a plant, regardless of whether that part has been processed or not. b) Any substance or mixture of substances that contains or has on it any part of such a plant. Town of Pilot Butte ZONING BYLAW Page 7 of 41 c) Any substance that is identical to any phytocannabinoid produced by, or found in, such a plant, regardless of how the substance was obtained. Cantilever: An overhanging part of a structure supported at one end only. Capacity: Pertains to the maximum volume, or the maximum amount that humans, substances or objects can contain or occupy within a certain dimensional area or space. Car or Truck Wash: Means a building or portion of a building which is used for the washing of vehicles, including full service, automatic and hand operated facilities, but does not include facilities for the washing of vehicles with a gross vehicle weight of more than 5000 kg. Cardlock Operation: A petroleum dispensing outlet without full-time attendants. Carport: An open-sided vehicle shelter that stands alone or by a roof extension forms part of the principal building on the same lot. Catering Hall: Means a building used for catering to banquets, weddings, receptions or similar functions for which food and beverages are prepared and served on the premises and in which food and beverages may be prepared for service off the premises. Cemetery: Land which is identified as a place for the interment of the dead or in which human bodies have been buried, and within the meaning of The Cemeteries Act, 1999. Cemetery may include a structure for the purpose of the cremation of human remains and may include facilities for storing ashes or human remains that have been cremated or the interment of the dead in sealed crypts or compartments. Census: An official count or survey of a population, typically recording various details of individuals. Club: A group of people organized for a common purpose, to pursue common goals, interests, and activities, and usually characterized by certain membership qualifications, payment of dues or fees, regular meetings, and a constitution and bylaws. Club, Private: A building or part of a building used exclusively by the members and guests of a Club for social, recreational or athletic activities. Common Wall: A wall shared by two or more adjoining buildings on the same lot or different site. Communal Amenity Area: A common space allocated for the recreational use of all citizens within the site area. The area shall be indoor or outdoor space, or a combination thereof. Community Centre: A facility owned and/ or operated by the municipality or a non-profit organization for meetings, recreational activities and similar uses and open to the general public. Community Facility: A building used for recreational, social, educational, or cultural activities and that are owned by a municipal corporation, non- profit corporation or other non- profit organization. Community Garden: An area of land managed and maintained by a formal or informal group of individuals to grow and harvest food crops and/ or non-food ornamental crops, such as flowers, for personal or group use, consumption, sale at a farmer's market or farm stand, or donation. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members or the group and may include common areas maintained and used by group members. Community Recreation Centre: Means a building that is predominantly used for community recreation services. Community Recreation Plan (CRP): Means a document developed to position the municipality to plan for and respond to recreation needs by examining what exists, what is needed, what is wanted, and what is affordable. The Town's CRP 2021 is set to provide a roadmap for decision- making for the next 10 to 15 years, which will focus on the following three (3) key pillars: 1) Programs; 2) Infrastructure (indoor and outdoor); and, 3) Operational Expectations. Town of Pilot Butte ZONING BYLAW Page 8 of 41 Community Recreation Services: The use of land or premises for recreation, social, or multi-purpose use primarily intended for local community purposes. Typical uses include community halls, non-profit social clubs and community centres operated by a local resident association. Compost: Materials used in gardening, agriculture, landscaping, erosion control, wetland construction, and landfill cover. Concealed Parking: Off-street parking screened from view from the surrounding streets and buildings. Concept Plan: A comprehensive document which includes preliminary general or specific information regarding a proposed development and/or re- development of a site. Concrete Plant: A facility used to produce concrete or concrete products that are used in building or construction and includes facilities for the administration or management of the business, the stockpiling of bulk materials used in the production process and/or finished products manufactured on the site and the storage of required equipment. Condominium: Means the land included in a Condominium Plan together with the buildings and units and the common property and common facilities belonging to them, as defined under The Condominium Property Act. Condominium, Bare Land: Involves dividing a parcel of land into individually owned "bare land units". Each Bare Land unit is shown on a Survey Plan. The balance of the parcel around the units is common property. Conservation: The planning, management and implementation of an activity with the objective of protecting the essential physical, chemical and biological characteristics of the environment. Consolidation: Means parcels are joined together according to a detailed plan that either the property owner or the licensed surveyor prepares and then submits to the Saskatchewan Land Registry. Construction Trades: Includes offices, shops, warehouses, with or without retail sales for trades associated with construction of buildings. Contaminated Material: Soil, water, sediment, snow or other similar mediums considered contaminated pursuant to any Local, Provincial, or Federal Acts enactments. Contract Zoning: Means the process by which the property owner, in consideration of the re- zoning of that person's property, agrees to the imposition of certain conditions or restrictions not imposed on other similarly zoned properties. Convenience Store: A store offering for sale primarily groceries, fast food, beverages, tobacco, personal care items, and which primarily provides a convenient day to day service to residents in the vicinity. Council: The Council of the Town of Pilot Butte. CPTED: Stands for "Crime Prevention Through Environmental Design." CPTED is a multi- disciplinary approach to deterring undesirable and criminal activity and behavior through environmental design. The Town will aim to promote CPTED's three (3) main principles into urban development which are as follows: 1) Natural Surveillance; 2) Natural Access Control; and 3) Territorial Reinforcement. Crematoria: The use of premises for the preparation for burial or cremation, and the cremation of human or animal remains but excluding any other funeral services. CSA: Means Canada Standards Association as per The Construction Codes Act. Cul-de-sac: A street or passage closed at one end. Cultural Heritage: The intangible practices, expressions, knowledge and skills of a community or an individual in addition to associated material instruments, public art, artifacts, objects, historic places and cultural spaces. Town of Pilot Butte ZONING BYLAW Page 9 of 41 Curb: A stone or concrete edging to a street or path. Curb and Gutter: Concrete or asphalt structures used to collect surface runoff from paved streets, parking lots, or other impervious surfaces and convey it to a storm drain system or appropriate treatment and/or infiltration system. D Dangerous Goods: As defined by The Dangerous Goods Transportation Act, 1985. Day Care: A business or commercial activity or operation for providing care to children and has met the requirements of The Child Care Act and The Child Care Regulations. Day Care, Home: A private dwelling unit where care, instruction and supervision for children are provided for periods more than 3 hours but less than 24 consecutive hours. Day Care Centre: A licensed business which provides care, instruction and supervision of children by persons other than one related by blood or marriage and for periods more than 3 hours but less than 24 consecutive hours. This includes all early childhood services, nurseries and before and after school programs. Deck: Any raised floor structure with at least 0.61 meters (2 ft.) above the finished grade. Dedicated Lands: Lands (to be) dedicated in the name of the Town of Pilot Butte as buffer strips, environmental reserves, municipal reserves, public reserves, municipal utility parcels, roadways and walkways, etc. as acknowledged in The Planning and Development Act, 2007. Demographics: Means the numerical characteristics of the Town of Pilot Butte population and includes but is not limited to population size, age, structure, sex or gender, and race. Demolition Permit: A permit issued for the removal or dismantling of a building or structure within the Town of Pilot Butte's boundaries as prescribed under The Construction Codes Act and the Town's Building Bylaw. Density, Gross: Is the number of dwellings permitted on a parcel expressed in units per acre or hectare, excluding roads. 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 use of a building or land. Development Appeals Board (DAB): A body appointed by Council in compliance with The Planning and Development Act that is responsible for hearing appeals and issuing decisions as authorized by the PDA. Development Approving Authority: The Local Authority, Council, Development Officer, or the Development Appeal Board as the context requires. Development Levy: Means a payment that is for recovering all or a part of the capital costs for providing, altering, expanding or upgrading services and facilities associated with the subject development. Development Levy Agreement: The legal agreement between a proponent and the municipality which specifies all the obligations and the terms and conditions for the approval of a development proposal pursuant to The Planning and Development Act. Development Officer: An employee of the Town of Pilot Butte appointed by a resolution of Council authorized to administer this Zoning Bylaw. Development Permit: A permit, issued by the Development Officer, as the case may be, that authorizes development but does not include a Building Permit. Town of Pilot Butte ZONING BYLAW Page 10 of 41 Development Review: A process of evaluating or assessing potential beneficial, adverse environmental effects, economic advantage, and many more impacts of a use or development. Discretion: Discretion is the power or right to make official decisions using reason and judgment to choose from among acceptable alternatives. Drainage: Removing surplus water or liquid waste or a system of drains. Drainage Basin: See "watershed" definition in this Bylaw. Drainage Plan: A proposed method for containing rainwater on subject property, so that it does not fill up at building foundation, or run-off onto the neighbouring properties that may further cause flooding. Drive-In Business: The use of land and premises for providing on-site service to customers while in their motor vehicles. Drive-In Theatre: Means a theatre in which customers view motion pictures from their motor vehicles. Drive-Thru: Means an establishment which is designed to provide either wholly or in part, services or products to customers while in their automobiles. Driveway: Same meaning as "Approach". Dwelling: A building or part of a building designed exclusively for residential occupancy. Dwelling, Accessory: The secondary or subordinate dwelling unit on a lot or site. Dwelling, Apartment: A residential building containing five (5) or more dwelling units divided either or both vertically and/or horizontally, where each dwelling unit has access to an interior common corridor system with shared entrance and exit, or has separate entrances or exits on the same lot or site. The apartment dwelling shall meet the standards set out in The Construction Codes Act. Dwelling, Assisted Living: A dwelling unit in a building designed to accommodate retirees, seniors or elderly citizens that may require assistance with housekeeping and personal care and which may include common areas for dining and socializing. Dwelling, Duplex: A building divided into two (2) separate dwelling units whether side-by-side or up- down located on the same lot or site with separate entrances. Any duplex dwelling shall meet the standards set out in The Construction Codes Act. Dwelling, Fourplex: A building divided into four (4) separate dwelling units whether side-by-side or up- down located on the same lot or site with separate entrances. Any fourplex dwelling shall meet the standards set out in The Construction Codes Act. Dwelling Group: A group of two (2) or more attached dwellings, or multiple unit dwellings, or combinations thereof occupying the same site, situated on different lots, or are within the bare land condominium. These include apartment dwelling, townhouses, semi- detached dwelling, duplex, triplex or fourplex dwellings, etc. All dwelling groups shall meet the standards set out in The Construction Codes Act. Dwelling, Group Care: A supervised dwelling unit, licensed or approved under provincial statute, for the accommodation of persons, excluding staff, referred by hospitals, courts, government agencies or recognized social service agencies or health professionals. Dwelling, Multi-Family: Pertaining to the intensity use of any residential building, where there are two (2) or more sets of family unit occupying the dwelling. Dwelling, Multiple Unit: Same meaning as "Dwelling Group". Dwelling, Primary: Same meaning as "Principal Dwelling". Dwelling, Principal: The primary or predominant dwelling unit on a lot or site. Town of Pilot Butte ZONING BYLAW Page 11 of 41 Dwelling, Semi-Detached: A building divided vertically into two (2) dwelling units by a common interior wall extending from the foundation to the roofline. Each dwelling unit may be located on the same site, or placed on different lots, with separate entrances. The semi-detached dwelling shall meet the standards set out in The Construction Codes Act. Dwelling, Single-Detached: A detached building consisting of one (1) dwelling unit with entrance placed on a single lot or within a bare land condominium. The single-detached dwelling shall meet the standards set out in The Construction Codes Act. Dwelling, Single-Family: Pertaining to the intensity use of any residential building, where there is one (1) set of family unit occupying the dwelling. Dwelling, Triplex: A building divided into three (3) separate dwelling units whether side-by-side or up- down located on the same lot or site with separate entrances. Any triplex dwelling shall meet the standards set out in The Construction Codes Act. Dwelling Unit: A separate set of living quarters, whether occupied or not, usually containing sleeping facilities, sanitary facilities and a kitchen or kitchen components. For the purposes of this definition, "kitchen components" include, but are not limited to cabinets, refrigerators, sinks, stoves, ovens, microwaves ovens or other cooking appliances. E Easement: The right, as registered to a property title, to cross or otherwise use another person's land, usually for a specified purpose, and as defined in The Public Utilities Easement Act. Easement Land: The land occupied and described on the registered easement. Ecosystem: Means a dynamic complex of plant, animal and micro-organism communities and their non-living environment interacting as a functional unit. Educational Institution: An establishment dedicated for the purpose of providing education and instruction in any branch of knowledge. Educational Support Facility: A facility which provides instructive learning service such as but not limited to a tutoring centre. Excludes schools. Elevation: The height of a point on the Earth's surface above sea level. Elevation, Freeboard: The elevation of the design flood, plus an extra 0.5 meters. Elevation, Safe Building: The elevation that is 0.5 metres above the 1:500-year flood elevation. Emergency and Protective Services: A public facility used by fire, police, ambulance, and others as a base of operations. Enclosed Parking: An area provided for off-street parking screened from view from the surrounding streets and buildings, either within a structure Town of Pilot Butte ZONING BYLAW Page 12 of 41 or behind a screen of landscaping, perforated masonry, metal or other material. Enclosure: Any structure constructed of any material or any combination of material, which is a barrier and used to enclose or screen areas of land but does not include a building. The enclosure includes any doors or gates surrounding the swimming pool and restricting access to it. Enclosure, Diagonal Structural Member: A part of an enclosure which is attached to horizontal or vertical structural members and which runs diagonal to grade and includes boards constructed of any material, iron rods or steel rods. Enclosure, Horizontal Structural Member: A main part of an enclosure to which other parts are attached and which runs horizontal and parallel to grade and includes boards constructed of any material, iron rods or steel rods. Enclosure, Secondary: Any structure constructed of an adequate material or any combination of material, which is a barrier and used to enclose or screen the swimming pool, for instance, from the remainder of the yard or property and situated where the swimming pool is only part of a bigger yard and it is not the main attraction or focus point of the space in where it is placed. Enclosure, Vertical Structural Member: A part of an enclosure which is attached to horizontal structural members and which runs vertical and perpendicular to grade and includes boards constructed of any material, iron rods or steel rods. Energy Efficiency: Pertains generally to the technical performance of energy conversion and consuming devices and building materials. Energy efficiency is the practice of reducing the energy requirements while achieving the required energy output. Entertainment Establishment: A building or part of a building used for the operation of social, cultural, or recreational activities. Environmental Stewardship: Refers to responsible use and protection of the natural environment through conservation and sustainable practices. Environmental Reserve (ER): Lands that have been dedicated for the protection of an environmental feature. Environmentally Sensitive Areas: Lands or areas with natural features where precautions, mitigation or constraints are needed to minimize impacts of activity or development. Equipment Sales/Rentals, Heavy: Premises used for sale, repair, or rental of heavy vehicles, machinery or equipment typically used in building, roadway, and pipeline and mining construction. Light equipment sales/rentals are also permitted, excluding motor vehicle rentals. Equipment Sales/Rentals, Light: Premises for the rental and service of tools, appliances, recreational craft or vehicles, office machines, furniture, light construction equipment, or similar items not exceeding 4500 kg, but excluding rental of motor vehicles or industrial equipment. Existing: In place, or taking place, or with all approvals and permits in place on the date of the adoption of this Zoning Bylaw and the Official Community Plan. F Fabrication Shop: The use of premises for manufacturing, repairing, or storing large items or equipment. Typical uses include welding shops, machining shops or carpentry shops. Facade: An exterior wall of a building that fronts a public street, excluding a public lane, or public open space that is visible to persons not within the building. Fairground: The use of land, buildings or structures where the temporary exhibition of music, art, goods, vehicles and the like are displayed and made available for sale and may include a midway, place of amusement, rodeo or other similar activities. Town of Pilot Butte ZONING BYLAW Page 13 of 41 Family: Means with respect to an individual: a) The individual; b) The individual's spouse; c) Any other natural person who is related to the individual or the individual's spouse within the first and second degree relative; and/or d) Any other natural person residing with such individual. Family, Multiple (Multi): Means two (2 or more sets of family units. Family, Single (One): Means one (1 set of family units. Farm Building: A building or part thereof that does not contain a residential occupancy and that is associated with and located on land devoted to the practice of farming and used essentially for the housing of equipment of livestock, or the production, storage or processing of agricultural and horticultural produce or feeds. Farm Processing Facility: Means a facility which adds value to, processes, refines, or transforms raw agricultural goods into new or upgraded products, including but not limited to washing, sorting, cutting, bagging, freezing, canning, packing, bottling, or butchering. Farmer's Market: A permanent structure or group of farm stands, operated on a seasonal or year-round basis, which allows for agricultural or horticultural producers to retail their products and other agriculture related items, including those produced in a community garden. Farm Stand: A seasonal direct-marketing operation without a permanent structure and offering outdoor shopping for the sale of locally- produced agricultural products including those produced in a community garden, enhanced agricultural products, and handmade crafts. Fast Food Outlet (Restaurant): A building or portion of a building in which food is cooked or prepared and sold for both on-site and off-site consumption. Fence: A structure used to enclose or screen areas of land. Fill (Clean Fill): A soil, rock, rubble, or other Town- approved, non-regulated waste that is transported and placed on the existing, usually natural, ground surface. Financial Services: The use of premises for financial and investment services, including establishments for a bank, a trust company, an investment dealer, and a mortgage broker. Flood: A temporary rise in the water level that results in the inundation of an area not normally covered by water. Flood Fringe: The portion of the flood plain adjoining the channel where the waters in the 1:500-year flood are projected to be less than a depth of 1.0 metre or a velocity of 1.0 metre per second. Flood Plain: The area prone to flooding from a water body or watercourse that comprises the combined area of the floodway and flood fringe. Flood-Prone Area: Means any land area susceptible to being inundated by water from any source. Flood Proofed: A measure or combination of structural and non-structural measures, incorporated into the design of a structure that reduces or eliminates the risk of flood damage to a defined elevation. Floodway: 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. Floor Area: The space on any storey of a building between exterior walls and required firewalls, including the space occupied by interior walls and partitions, but not including exits, vertical service spaces, and their enclosing assemblies. Floor Area Ratio: The quotient arrived at by dividing the gross floor area of a building by the lot area, excluding basements, below grade parking areas, and areas used exclusively for storage or service to the building. Town of Pilot Butte ZONING BYLAW Page 14 of 41 Floor Area, Gross: The sum of the horizontal areas of each storey of the building measured from the exterior faces of the exterior walls providing that in the case of a wall containing windows, the glazing line of the windows may be used. The gross floor area measurement excludes attached garages, attics, balconies, breezeways, carports, porches, and terraces. Floor Area, Ground: The greatest horizontal area of the first storey of the principal building above grade within the outside surface of the exterior walls. This includes all attached structures having a foundation such as attached garages, decks, and steps. Floor Area, Net: The floor area of the building or structure, or part thereof measured from the glazing line or interior walls whether above, below or at grade excluding attics, boiler rooms, common corridors, electrical vaults, elevators, mechanical rooms, stairwells, and bathrooms. Food & Beverage: A land use class of several types, all of which involve the provision of food and beverage to members of the general public or private group. Food & Beverage, Catering: A type of land use where food and/or beverages are prepared for off- site consumption. Food & Beverage, Lounge: A type of land use: a) That has received a tavern endorsement or tavern permit under The Alcohol Control Regulations, 2016; and/or, b) Where food and beverage are consumed on - site and commercial entertainment, including dancing or live music is provided on-site. Food & Beverage, Outdoor: A type of accessory land use, located outside or in a partially enclosed area, where food and beverage are served or consumed. Food & Beverage, Restaurant: A type of land use where food and beverage are prepared for consumption, sold and served to the general public on-site. Food & Beverage Services: Pertaining to any businesses or activities that involves food and beverage services either or both for dine-in and take- out including but not limited to bar restaurant, fast food outlet, coffee shop, etc. Fourplex: A building divided into four (4) separate building units whether side-by-side or up-down located on the same lot or site with separate entrances. Any fourplex building shall meet the standards set out in The Construction Codes Act. Funeral Parlor: A building used to carry out funerals, celebrations of life, or similar gathering events in memory of deceased persons, and may include facilities for the preparation of deceased persons for burial, but does not include a crematorium. Funeral Services: The use of premises for the preparation of the dead for burial or cremation or the holding of funeral ceremonies Future Land Use Map: In its projections, the map specifies certain areas for residential growth and others for industrial, commercial, community service and/or conservation uses. The Future Land Use Map for the Town of Pilot Butte is attached as Appendix in the Official Community Plan, which may be amended from time to time. G Garage, Private: A building or part of a building used or intended to be used for the storage of personal motor vehicles and having a capacity for not more than three motor vehicles for each dwelling unit to which the garage is accessory and may include a carport. Town of Pilot Butte ZONING BYLAW Page 15 of 41 Garage, Public: A building or part of a building other than a private garage used for the storage, care, repair, servicing or equipping or motor vehicles or where such vehicles are kept for remuneration, hire, sale or display. Garage/Garden Suite: A small permanent self- contained dwelling unit which is accessory dwelling to, and located within, the same lot or site of aprincipal dwelling. The garage/garden suite shall meet the standards set out in The Construction Codes Act. Gardening: Is the practice of growing and cultivating plants as part of horticulture. Gardening, Edible: The growing and cultivating of plants, such as vegetables, fruits, flowers, herbs, seeds, berries, etc. that can be eaten by humans. Gas Bar: A building or part of a building used for the retail sale of gasoline, lubricants, other motor vehicles products and may include the sale of fast foods, dry goods and groceries as an accessory use. General Contractor Services: The use of premises for the provision of building and road construction services including landscaping, concrete, electrical, excavation, drilling, heating and plumbing or similar services of a construction nature which require on-site storage and warehouse space. Geo-Technical Report: A site assessment prepared by a qualified professional of the earth's subsurface determining the quantity and/or quality of environmentally mitigative measures that would be necessary for that specific development to occur on the site. Glazing: The portion of a building's wall that is constructed of glass such as windows. Grade: As applicable: a) The average elevation of the finished surface of the ground at ground level, excluding an artificial embankment or excavation at the perimeter of a building, measured on any side of a building; b) The elevation of the ground surface in its natural state, before man-made alterations; and, c) On sloping or irregular sites, the angled plane determined by the Local Authority in relation to (a) or (b) above. Grade Finished: An average of the finished surface of the ground adjacent to the exterior walls of the building or structure. Greenbelt: An area that is left in a generally natural state that may be used for passive or active recreation, trails, or buffers. Source: Justin Ziadeh (2021) Greenhouse (Public): A building with glass or clear plastic walls/roof used for the cultivation and growing of plants, which includes the retail sale of plants and landscaping supplies to the public. Excludes the growth of cannabis. Greenhouse (Private): A building with glass or clear plastic walls/roof used for the cultivation and growing of plants for personal use only. This may include growing of cannabis for personal use only. Greenspace: Means permanently protected areas of the site that are preserved in a natural state. Greenways: A linear park which may accommodate pathways principally for foot traffic and/or bicycles. Typically, greenways are planned Town of Pilot Butte ZONING BYLAW Page 16 of 41 along creeks or streams and managed as natural environments, or bikeways along landscaped roads. Grey Water: Non-industrial wastewater generated from domestic processes such as dish washing, laundry and bathing. Grocery Store: Is a store that primarily retails a general range of food products, which may be fresh or packaged. Grey Water: Non-industrial wastewater generated from domestic processes such as dish washing, laundry and bathing. Grocery Store: Is a store that primarily retails a general range of food products, which may be fresh or packaged. Gross Vehicle Weight Rating: The maximum weight a motor vehicle is designed to carry, as specified by the manufacturer, including the net weight of the vehicle with accessories, plus the weight of passengers, fuel, and cargo. Groundwater: The water found underground in the cracks and spaces in soil, sand and rock. H Habitable Portion: Any portion of a building or structure that is used for the carrying out of the principal or accessory use of the building or structure, excluding the basement or crawlspace. Hard Surfacing: Asphalt, concrete, paving stones, or other similar material satisfactory to the Local Authority that is used in the construction of a driveway or parking area but does not include gravel or granular materials. Hazard Land: Land that is contaminated, unstable, prone to flooding or otherwise unsuited for development or occupation because of its inherent danger to public health, safety or property. Hazardous Substances: A substance that, because of its quality, concentration or physical, chemical or infectious characteristics, either individually or in combination with other substances on the site is an existing or potential threat to the physical environment, to human health or to other living organisms, as defined in The Hazardous Substances and Waste Dangerous Goods Regulations, as amended from time to time. Hazardous Use: A development which may involve or generate all/any of the following land uses or characteristics: a) Excessive noise, odour, dust, vibration; b) Offensive emissions; c) The use of dangerous or toxic materials, chemical and wastes including fertilizer and asphalt; d) Air, water or soil pollution; e) Land use incompatibility; and/or f) Potential for public safety concerns. Health Facility: A building used to provide health care. This could include hospitals, specialized care centres, clinics, outpatient care centres, etc. Health Services: Provision of physical and mental health services on an outpatient basis. Services may be of a preventative, diagnostic, treatment, therapeutic, rehabilitative, or counselling nature. Typical uses include medical and dental offices, health clinics and counselling services. Heavy Equipment Storage: The storage of heavy vehicles, machinery or equipment typically used in building, roadway, pipeline and mining construction. Heritage Property: Any property, whether by a work or nature or of humans, that is of interest for its archaeological, historic, cultural environmental, aesthetic or scientific value, and includes a site where archaeological, historic, paleontological, cultural or scientific property is, or may reasonably be expected to be found, or as otherwise defined in The Heritage Property Act and regulations. Town of Pilot Butte ZONING BYLAW Page 17 of 41 Heritage Resource: Means archaeological and paleontological objects; and, any property or site of interest for its architectural, historical, cultural, environmental, archaeological, paleontological, aesthetic or scientific value. Heritage resources include built sites and structures, archaeological sites and objects, paleontological localities and objects, traditional cultural locations and cultural landscapes. Heritage Site: A land, building or structure that contains heritage resources and has met the requirements of The Heritage Property Act. Highway: Means a public roadway that carries large volumes of traffic and is identified by a number assigned by the Provincial Ministry of Highways and Infrastructure. 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 Highways entitled The Provincial Highway Sign Control Regulations. Home-Based Business: An occupation, trade, profession, business or craft customarily conducted entirely within a residential building or conforming accessory building and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the residential use of the dwellings and does not change the residential character thereof. For the purposes of this Bylaw, the Home-Based Business is distinguished in two (2) Types: a) Minor pertains to less intensive home- based businesses that may not cause excessive noise, traffic intensity, or other nuisances. b) Major pertains to more intensive home- based businesses that may likely generate unusual noise, traffic intensity, smell, or other nuisances. Hospital, Private: A hospital operated by a private firm or company. Hospital, Public: A hospital operated by the Saskatchewan Health Authority, and/or Federal Authority. Hotel: A facility offering transient lodging accommodations on daily rate to the general public and providing additional services, such as restaurants, meeting rooms and recreational facilities. Hot Tub: See Swimming Pool Bylaw. Household Repair Services: Repair to goods, equipment and small appliances normally found within the home, including radio, television and appliance repair, furniture refinishing and upholstery shops. Human Scale: Means the proportional relationship of a particular building, structure, or streetscape element to the human form. Hydrogeological Study: A comprehensive assessment of the distribution and movement of groundwater. I Independent Living Home: A dwelling unit in a building designed to accommodate retirees, seniors or elderly citizens with or without housekeeping and personal care assistance and which may include common areas for dining and socializing. Indoor Participant Recreation Services: Facilities within an enclosed building for sports, games, active recreation and performing and cultural arts where patrons are predominantly participants and any spectators are incidental and attend on a non-recurring basis. Typical uses include amusement arcades, athletic clubs, health and fitness clubs, swimming pools, rifle and pistol ranges, bowling alleys, and racquet clubs. Town of Pilot Butte ZONING BYLAW Page 18 of 41 Industrial Exclusionary Uses: Refers to certain industrial activities that may be characterized as exhibiting a high potential for adversely affecting the safety, use, amenity or enjoyment of adjacent and nearby industrial and non-industrial sites due to their scale, appearance, noise, odour, emissions and hazard potential. Such activities are considered exclusionary when the only means of mitigating the associated negative effects on surrounding land uses is through spatial separation. Exclusionary uses would include but not be limited to the following: a) Landfill; b) Ethanol plant; c) Transformer stations; d) Uranium refineries; and/or, e) Anhydrous ammonia storage and distribution centres. Industrial Salvage: The use of land and premises for collection, demolition, dismantlement, salvage, storage, recycling or sale of waste materials including scrap metal, abandoned vehicles, machinery and other discarded materials. Typical uses are recycling depots, auto wreckers and junkyards. Industrial Park: An area of land set aside for industrial development, usually located close to transport facilities, especially where more than one transportation mode coincides such as by highways, railroads, and/or airports, etc. Infill Development: Means new construction on a vacant lot or site currently held as open space. Infrastructure, Private: A system, works, or equipment whether owned or operated by a private firm or corporation and may be under agreement with, but not required, the Municipal, Provincial or Federal Statute, which furnishes services and facilities available to or for the use of all the inhabitants of the Town, including water, sewer, gas, and storm lines, electrical and telecommunication substations, lines and towers, public roads, and drainage ponds, ditches and swales. Infrastructure, Public: A system, works, or equipment whether owned or operated by or for the Town, or by a corporation or commission under agreement with or under franchise from the Municipal, Provincial or Federal Statute, which furnishes services and facilities available to or for the use of all the inhabitants of the Town, including water, sewer, gas, and storm lines, electrical and telecommunication substations, lines and towers, public roads, and drainage ponds, ditches and swales. Institutional Services: The use of land and premises for public or non-profit purpose including recreation facilities, community centres, visitor and tourist information centres, and government buildings. Schools, stand-alone offices, and housing shall not be considered institutional uses. Interior Unit: A unit between two end units. Internal Sidewalk: An appropriately surfaced access route from the street and/or parking area that leads to the entrances of residential dwellings, commercial, industrial or industrial buildings. J Junk and Salvage Yards: Land uses including, but not limited to, uses involved in salvaging, storing or selling scrap metal, paper, plastic, glass, wood and other waste material, as well as unlicensed vehicles and used vehicle parts. Junked Vehicles: Any automobile, tractor, truck trailer or other vehicle that: Town of Pilot Butte ZONING BYLAW Page 19 of 41 a) Has no valid license plates attached to it; and, b) Is in a rusted, wrecked, partly wrecked, dismantled, partly dismantled, inoperative or abandoned conditions. K Kennels: Land and premises used for the breeding or boarding of animals including but not limited to cats, dogs, or other domesticated or fur- bearing animals, excluding livestock. Kennel, Boarding: The temporary accommodation of dogs, cats or other domestic animals for commercial purposes. Kennel, Breeding: The keeping of domestic animals which are more than twelve (12) months old, for breeding purposes. Kennel, Enclosure: A screening device, fence or enclosure structures intended to house and secure one or more domestic animals. Key Principles: Pertaining to the 'key principles' enumerated in the Pilot Butte Official Community Plan in effect which must be the underlying principles when the Town's OCP is into manifestation. Kitchen: A room or area where food is prepared and cooked. Kitchen, Bakery: Means a portion of a building in which food, cake or pastry baking are prepared for service off the premises, but does not include a restaurant or food service establishment where food is prepared for customers to dine in and take out. Kitchen, Catering: Means a portion of a building in which food and beverages are prepared for service off the premises, but does not include a restaurant or food service establishment where food is prepared for customers to dine in and take out. L Land Use Forecast: Land-use forecasting undertakes to project the distribution and intensity of trip generating activities in the urban area. In practice, land-use models are demand-driven, using as inputs the aggregate information on growth produced by an aggregate economic forecasting activity. Land-use estimates are inputs to the transportation planning process. Land Use Zoning District: Divisions identified in this Zoning Bylaw that establish permitted, discretionary, and prohibited uses of land or buildings with attendant regulations. Landfill: A specially engineered site for disposing of solid waste on land, constructed so that it will reduce hazard to public health and safety, as per The Environmental Management and Protection Act. Landscaped Area: An area not built upon and not used for any purpose other than as an open space that may include grass, shrubs, flowers, trees, and similar types of vegetation and may contain paths, walks, patios, fences and similar outdoor amenities, but does not include parking areas, parking lots, driveways or ramps. Landscaping: The provision of horticultural and other related compatible features or materials designed to enhance the visual amenity of a site or to provide a visual screen consisting of any combination of the following elements: a) Soft landscaping: consisting of vegetation such as trees, shrubs, vines, hedges, flowers, grass and ground cover; and/or, b) Hard landscaping: consisting of non- vegetative materials such as concrete, unit pavers, brick pavers or quarry tile but does not include gravel, shale or asphalt. Landscaping Establishment: The yard of a landscaping contractor or company used as a depot for the storage and maintenance of equipment used by the contractor or company and includes facilities for the administration or management of the business and stockpiling or storage or supplies used in the business. Town of Pilot Butte ZONING BYLAW Page 20 of 41 Landscaping Plan: A detailed scaled drawing submitted by the proponent demonstrating the proposed landscaping features for any existing establishments or future developments. Lane: A secondary public thoroughfare intended primarily to give access to the rear or side of the abutting property. Large-Scale: Pertaining to the intensity use of any commercial, community service, or industrial activities or business operations that is considered large-scale in the opinion of the Local Authority. Laundry Facility: Means a stand-alone laundry business that provides self-service and nonself- service laundry facilities to the public, consisting of washing machines and clothing dryers, in any combination. Laundry Facility does not include laundry facilities that are located in or otherwise associated with any residential dwellings or commercial accommodations. Legal Access: Pertaining to any land that is legally registered in the Saskatchewan Land Registry and that is to be designed for pedestrian or vehicle access purposes. This includes walkway, public road or street, or right-of-way. Legal Access Authority: A provision of legal access granted by the proponent and/or the municipality to supervise certain development or building activities. Legal Suite: Any suite that is self-contained dwelling unit and has met the requirements of The Construction Codes Act. This includes garage/ garden suite, basement suite, or secondary suite. Licensed Dining Room or Restaurant: A dining room in a hotel or motel, or a restaurant for which a license is required or has been obtained from the Saskatchewan Liquor and Gaming Authority (SLGA), enabling it to sell beer, wine, spirits by the glass to persons of legal age or older. Linear Park: Means an active or passive outdoor area of linear design that provides or connects recreation, park land, or open space areas. Liquor Vendor: Premises operated by a person who is licensed by the Saskatchewan Liquor and Gaming Authority (SLGA) to sell beer, wine, or spirits for consumption off-sale. Livestock: Domesticated animals used primarily as beasts of burden or for the production of fur, hides, meat, milk, eggs or other product, or as breeding stock, though excluding companion animals. Livestock Operation: Any agricultural use involving the raising of animal units. Loading Stall: An off-street parking stall, either outside or within a building, used by motor vehicles during delivery, loading and/or unloading. Loading/Unloading Zone: An off-street space or facility including ramps or docks that may be attached to a commercial and/or industrial building for loading and unloading of goods. Local Authority: The local or municipal jurisdiction of the Town of Pilot Butte. Lot: A parcel of land of a subdivision, the Plan of which has been filed or registered in the Saskatchewan Land Registry. Lot, Corner: A lot situated at the intersection of two or more streets, or a lot that has two adjoining boundaries abutting a street. Lot, Irregular: Shall mean a non-rectangular lot. Town of Pilot Butte ZONING BYLAW Page 21 of 41 Lot, Large: A lot size that is more than 1000 square meters. Lot, Small: A lot size that is less than 500 square meters. Lot, Standard: A lot size in between 500 square meters to 1000 square meters. Lot Area: The total horizontal area within the lot lines of a lot and as indicated by the Saskatchewan Land Registry. Lot Coverage: Same meaning as "Site Coverage". Lot Depth: The average horizontal distance between the front and rear lot lines. Lot Frontage: Same meaning as "Site Frontage". Lot Frontage, Irregular: Same meaning as "Irregular Site Frontage". Lot Grading Certificate: A certificate that will show the grading number including, if applicable, any drainage flow, and any easements available on the subject lot. Lot Line: Means any boundary of a lot or the vertical projection thereof. Lot Line, Common: Means a lot line shared by more than one lot. Lot Line, Exterior: Means any lot line abutting a street or road. Lot Line, Front: The boundary that divides the lot from the street; and in the case of a corner lot, the front lot line shall mean the boundary separating the narrowest frontage of the lot. Lot Line, Interior: Means any lot line that does not abut a street or road. Lot Line, Rear: The boundary at the rear of the lot and opposite the front lot line. Lot Line, Side: The boundary at the side of the lot; or a lot line other than a front or rear lot line. Lot Line, Zero: Means the location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line. Lounge: A building or part of a building which features commercial entertainment including music and dancing by patrons. Food and beverage including alcoholic beverages may be provided to the patrons. M Machine and Welding Shop: A building or portion of a building used for cutting raw materials in order to convert them into the desired size and shape, which are sold to other manufacturing industries. Main Street: The principal street of a small town where it is traditionally the site of shops, banks, and other businesses. Manufacturing Establishment: A firm or business engaged in the mechanical or chemical transformation of materials or substances into new products including the assembling of components, parts, the manufacturing of products, and the blending of materials. Market Garden: Cultivated land, greenhouse or a combination of both used for the production of vegetables, fruits and flowers which are sold directly to consumers at an off-site location. Marquee: A roof-like structure of a permanent nature which projects from the wall of a building that is independently supported by a system of columns or piers without walls over an entrance to a building. Mayor: The Mayor of the Town of Pilot Butte. Mineral Exploration and Development: Any development necessary to fulfil the rights of the lessee: Town of Pilot Butte ZONING BYLAW Page 22 of 41 a) To search, dig, bore and drill for oil and gas, oil sands or oil shale, as the case may be, within the lands described in a lease; b) To win, get, recover, procure, carry away, dispose of and sell the oil and gas, oil sands or oil sands products or oil shale products, as the case may be, found within those lands; and, c) To explore for, mine, work, recover, procure, carry away and dispose of any minerals within the lease lands. Mineral Resource: Mineral resources as defined in The Mineral Resources Act, 1985. Mineral Resource Extraction: Means gas, oil, hydrocarbon, gravel, or sand extraction, geothermal wells, or other similar commercial mining activity. Minister: Primarily pertaining to the member of the Executive Council to whom is assigned to administer The Planning and Development Act, 2007. Otherwise shall be identified by stating the 'Minister' along with the Provincial/Federal Agency and/or legislations they are assigned to administer. Mixed-Use: A combination of various land uses on a lot or site. Mixed-Use Development: One or more buildings on a lot containing different land uses and amenities associated with such uses within a site. Mobile Catering Food Services: The delivery and sale of food to the public using a fleet of vehicles. Mobile Home: A prefabricated trailer coach supported on a steel frame that conforms to the standards set out in The Construction Codes Act. A trailer coach may be used as a dwelling all year round; has water faucets and shower or other bathing facilities that may be connected to a water distribution system; has facilities for washing and a water closet or other similar facility that may be connected to a sewage system. Mobile Home Court: A legal parcel that is predominantly used for residential purposes with mobile homes as primary form of dwellings. Mobile Home Park: The use of land and facilities for placement of two or more mobile homes to be primarily used for recreational purposes but not limiting to residential uses. Modular Building: A building manufactured in a production facility and transported to the site for assembly on an approved foundation which complies with the requirements of The Construction Codes Act. Modular Home: A residential building manufactured in a production facility and transported to the site for assembly on an approved foundation which complies with the requirements of The Construction Codes Act. Motel: Same meaning as "Hotel". Municipal Culture Plan (MCP): A plan that may be adopted by the Town to identify and map local culture and heritage resources, as well as use this document to create an awareness of the benefits of preserving and promoting culture and heritage resources for community development purposes. Municipal Inspector: An employee or agent of the Town appointed by the Council to act as a Municipal Inspector for the purposes of any of regulations prescribed in this Bylaw. Municipal Reserve (MR): Means a dedicated land: a) That is provided to a municipality as per The Planning and Development Act, 2007; or, b) That was dedicated as a public reserve and transferred to a municipality, as per PDA. Municipal Facility: Lands, buildings, or structures that are owned and/or operated by the Town of Pilot Butte including, but not limited to: a) Office or meeting space; Town of Pilot Butte ZONING BYLAW Page 23 of 41 b) Storage of municipal equipment and supplies; and/or, c) Other institutional purposes. Municipality: Primarily pertains to the Town of Pilot Butte in the Province of Saskatchewan, Canada. Otherwise may pertain to other municipalities. N Natural Areas: An area relatively undisturbed by human activities and characterized by indigenous species including remnant or self-sustaining areas with native vegetation, water, or natural features. Natural Resources: The renewable resources of Saskatchewan and includes: a) Fish within the meaning of The Fisheries Act, 1994; b) Wildlife with the meaning of The Wildlife Act, 1998; c) Forest products within the meaning of The Forest Resources Management Act, 1999; d) Resource land and provincial forest land within the meaning of The Resource Lands Regulations, 1989; e) Ecological reserves within the meaning of The Ecological Reserve Act, 1980; and, f) Other living components of ecosystems within resource lands, provincial forest lands and other land managed by the department. Natural Resource Extraction: Includes the quarrying, mining, processing, removal and off- site sale of sand, gravel, earth, mineralized rock, water, or other similar natural materials. Neighbourhood: Means a clearly defined locality, with reference to its physical layout, character or inhabitants. Neighbourhood, Complete: Refers to a neighbourhood where one has safe and convenient access to the goods and services needed in daily life. This includes a variety of housing choices, convenience and grocery stores, public schools, open greenspaces and recreational facilities, active transportation options, and many more civic amenities. One fundamental element of a 'complete neighbourhood' is that it is built at a walkable and bikeable human scale, and meets the needs of people of all ages and abilities. Neighbourhood, High-Density: Pertaining to the character of a neighbourhood that serves high volume of pedestrian and vehicle flow. Any district that comprised of multiple unit dwellings or buildings may be considered as high-density neighbourhood. Neighbourhood, Low-Density: Pertaining to the character of a neighbourhood that serves low volume of pedestrian and vehicle flow. Any district that comprised of single-detached dwellings or buildings may be considered as low-density neighbourhood. Neighbourhood, Medium-Density: Pertaining to the character of a neighbourhood that serves medium volume of pedestrian and vehicle flow. Any district that comprised of mix single-detached and multiple unit dwellings or buildings may be considered as medium-density neighbourhood. Non-Conforming Building: A building: a) That is lawfully constructed or lawfully under construction, or in respect to which all required permits have been issued, on the date that this Bylaw or any amendment to the Bylaw affecting the building or land on which the building is situated or will be situated, becomes effective; and, b) That on the date this or any amendment hereto becomes effective does not or when constructed will not comply with this Bylaw. Non-Conforming Site: A site, consisting of one or more contiguous parcels, that on the date of this Bylaw or any amendments to this Bylaw becomes effective, contains a use that conforms to this Bylaw, but the site area or site dimensions do not conform to the standards of this Bylaw for that use. Town of Pilot Butte ZONING BYLAW Page 24 of 41 Non-Conforming Use: A lawful specific use: a) To be carried out on or intended to be carried out on certain lands or in a building lawfully under construction or with respect to which all required municipal permits have been issued, at the date of this Bylaw or any amendment to this Bylaw affecting the land or building becomes effective; and, b) That on the date this Bylaw or any amendment hereto becomes effective does not, or in the case of a building under construction or in respect of which all required permits have been issued, will not comply with the Bylaw. Non-Covered: A building or structure open to the sky or without a substantial roof structure. Non-Rectangular Lot: Same meaning as "Irregular Lot". Nuisance: A condition of property, or a thing, or an activity, that adversely affects or may adversely affect: a) The safety, health or welfare or people in the neighbourhood; b) People's use and enjoyment of their property; or, c) The amenity of a neighbourhood; d) And includes: i) A building in a ruinous or dilapidated state of repair; ii) An unoccupied building that is damaged and is an imminent danger to public safety; iii) Land that is overgrown with grass and weeds; iv) Untidy and unsightly property; v) The creation of excessive noise, vibra- tion, light/glare, or odour; vi) Junked vehicles; and, vii) Open excavations on property. O Occupant: Includes a leaseholder, a person residing at a property or a person entitled to the property's possession if there is not a person residing there. Off-Site: Taking place or situated away from a particular place or site. Off-Site Services: Any installation of services and infrastructures provided off-site including public works and utilities, etc. Off-Street Parking: Parking a vehicle anywhere except on the streets. These are usually parking facilities like garages and lots. Off-street parking can be both indoors and outdoors. Off-street parking also includes private lots, garages, and approaches or driveways. Offices and Office Buildings: A building or part of a building used primarily for conducting the affairs of a business, profession, service, industry or government in which no goods or commodities of business or trade are stored, transshipped, sold or processed. Official Community Plan (OCP): Refers to the Town's approved OCP document, which contain policies that guide the physical, economic, cultural, social and environmental development of a community. The OCP is a blueprint for future growth and development for the coming years (usually 20-25 years), depending on the vision of the community. The OCP is prepared in accordance with The Planning and Development Act, 2007 and The Statements of Provincial Interest Regulations. Oilfield Supply and Service: All products and services associated with the oil and gas exploration and production process, including but not limited to locating energy sources, energy data management, drilling and formation evaluation, well construction and production and completion services. On-Site: Taking place or situated at a particular place or site. Town of Pilot Butte ZONING BYLAW Page 25 of 41 On-Site Services: Any installation of services and infrastructures provided on-site including public works and utilities, etc. On-Street Parking: Parking a vehicle on the street, anywhere on or along the curb of streets, in contrast, to parking it in a parking garage. In some streets, a vehicle can park on the street, but often with restrictions. These restrictions are presented on traffic signs. (See The Operation of Vehicles Bylaw for the evolving uses of on-street parking within the Town's boundary.) Open Space: Passive, structured leisure and recreation areas that enhance the aesthetic quality, protect the natural environment of the community and provide a gathering place for citizens. Outdoor Education Facility: The use of land and premises for outdoor education opportunities, including lectures, activities, and school field trips. Outdoor Recreation Equipment Rentals/ Sales: The use of land and premises for the purpose of renting, selling and servicing goods primarily for use in sightseeing, outdoor adventures or other outdoor recreational activities which may include camping gear, bicycles, canoes, kayaks, mopeds, ATVs, snowmobiles and associated accessories but does not include recreational vehicles, cars, and trucks. Outdoor Participant Recreation Services: Facilities that are available to the public at large for sports and active recreation conducted outdoors. Typical uses include ski hills, golf courses, ball fields, water sports and riding stables. Outdoor Storage: The ancillary use of land for storage of equipment, goods, and materials in the open air. Owner: A person who has any right, title, estate or interest in a property or building other than that of an occupant, tenant or mortgagee. P Parcel: The aggregate of one or more areas of land described in a Certificate of Title or described in a Certificate of Title by reference to a Plan registered in the Land Titles Office. Parcel Tie: Means an electronic code imposed by the Saskatchewan Land Registry to link two or more parcels together so as to prevent those parcels from being individually dealt with in the Land System. Park: Any public outdoor area or lot set aside specifically for passive or active recreation including buffers, environmental sensitive areas, greenbelts, playgrounds, trails, walkways or pathways, and similar uses. Parking Garage: A multi-storey structure where two or more floors are devoted to vehicle parking. Parking Lot: Open space other than a street, road or highway for temporary vehicle parking and available for the public, clients, employees or customers. Parking Space: A space, located in a structure or parking lot for the storage of one vehicle. Pasture: A site that is used for the raising and feeding of livestock by grazing. Patio: Any hard surface or floor structure not raised from and built directly on the ground level. Pedestrian: A person travelling on foot, whether walking or running. Pedestrian-Friendly: The density, layout and infrastructure that encourages walking and biking within a subdivision or development, including front porches, sidewalks and bike paths. Pedestrian Access Plan: A comprehensive drawing illustrating all existing and proposed future safe pedestrian access routes throughout or along the site of a development, and showing all the connections to the principal buildings Town of Pilot Butte ZONING BYLAW Page 26 of 41 and possible connections to existing or planned pedestrian access routes and/or facilities. Pedestrian Oriented Use: A land use that predominantly caters pedestrian or foot traffic. Performance Security: Means monetary or financial guarantee to be provided by the developer/proponent for due performance of the contract/agreement placed on it. Performance Security is also known as Security Deposit. Permanent Foundation: The lower portion of a building, usually concrete, masonry or an engineered wood basement which renders the structure fixed and immobile. Person: An individual, association, firm, partnership, corporation, trust, or agent, and their heirs, executors, or other legal representatives of a person to whom the same can apply according to the law. Person with a Disability: A person who is (whether or not others perceive it) or who others perceive as being, restricted in the performance of one or more of his or her major life functions. Personal Care Home: An operated home- based business which is a secondary use to the residential dwelling, and licensed by the provincial regulatory body. The intent is to provide short-term or long-term residential, social, and personal care, including accommodation, meals, supervision, or assistance for persons who have some limit on the ability for self-care and are unrelated to the operator or owner. Personal Service Establishment: A development used for the provision of personal services to an individual which are related to the care and appearance of the body, or the cleaning and repair of personal effects including, but not limited to barbershops, hairdresser, beauty salons, massage services, tanning salons, tailors, dressmakers, shoe repair shops. Photography Studio: A place used for portrait or commercial photography, including the developing and processing of film, and the repair or maintenance of photographic equipment. Pipeline Corridor: The area used for and around a pipeline as defined in The Pipelines Act, 1998. Place of Worship: A place used for worship and related religious, philanthropic or social activities and includes accessory rectories, manses, meeting rooms and other buildings. Typical uses include churches, chapels, mosque, temples, synagogues and parish halls. Planning Committee: A committee that can be established under the direction of the Council, Administrator, and the Director of the Planning & Development Department of the Municipality of Pilot Butte. Play Structure: Permanent equipment installed and/or maintained by the Town for use by children or youth of any age. Typical examples include climbing structures, swings or slides. Pollution: Means the discharge, dispersal, release or escape of any solid, liquid, gaseous or thermal irritant or contaminant including but not limited to smoke, vapours, soot, fumes, acids, alkalis, chemicals and waste including, but not limited to, material to be recycled, reconditioned or reclaimed. Pond: Any constructed containment of water for the purpose of landscape enhancement, keeping ornamental fish or aquatic plants, or for other similar purposes, but not a swimming pool. Population: Refers to the number of people in a single area, whether it be a city or town, region, country, or the world. Governments typically quantify the size of the resident population within their jurisdiction using a census, which is a process of collecting, analyzing, compiling, and publishing data regarding a population. Population Density: A measurement of population per unit area. It is frequently applied to living organisms, most of the time to humans. In simple terms, population density refers to the number of people living in an area per square kilometre. Population Forecast: Population forecasting is a projection in which the assumptions are Town of Pilot Butte ZONING BYLAW Page 27 of 41 considered to yield a realistic picture of the probable future development of a population. Porch: A covered shelter, having direct access to the ground, projecting in front of the entrance to a building which can be open or closed in. Post Office: Is a public facility and a retailer that provides mail services, such as accepting letters and parcels, providing post office boxes, and selling postage stamps, packaging, and stationery. Pre-Engineering Report: A document prepared by a certified engineer which establishes assumptions, standards, or parameters for the proposed subdivision or development's engineering components. Premises: Premises are land and buildings together considered as a property. Pre-School: A facility which provides a program for pre-school aged children. Privacy Screen: Means a sight-obscuring fence, erected adjacent to or around a selected use or area (such as a patio, deck, courtyard or swimming pool), designed to screen the area behind it from observation by persons outside its perimeter. Private Yard: A yard for private use and within the subject property. Processing, Heavy: The use of land or facilities for testing, refining, sampling, or preparing raw materials or products that may produce smoke, smell, toxic fumes, air and water contaminants, fire or explosive hazards, vibration, electrical or electronic interference, or noise that may interfere with the use of any contiguous lot. Processing, Light: The use of land or facilities for testing, refining, sampling, or preparing raw materials or products that produces no smoke, smell, toxic fumes, air and water contaminants, fire or explosive hazards, vibration, electrical or electronic interference, or noise that may interfere with the use of any contiguous lot. Property Owner: Means the property owner of record as listed in the provincial land title registry. A property owner includes any individual, corporation, firm, partnership, or group of individuals acting as a unit, and any trustee, receiver, or personal representative. Public Amenity: Includes any resource, convenience, facility or benefit meant for use and enjoyment by members of the general public. Public Art: Includes the works of art, in any media, that have been planned and executed with the specific intention of being sited or staged in the public domain, often incorporating elements of site specificity, cultural heritage, community engagement, and collaboration. Public Engagement: The involvement of specialists listening to, developing their understanding of, and interacting with, non- specialists. Public Gallery: A space containing fixed seating for public assembly for the purpose of entertainment or cultural events and encouraging the development of the performing arts. Public Hearing: Means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. Public Library: An established facility under a Local, Provincial or Federal Statute enabling laws or regulations to serve a community, district, or region, and provides at least the following: a) An organized collection of printed or other library materials, or a combination thereof; b) Paid staff; c) An established schedule in which services of the staff are available to the public; d) The facilities necessary to support such a collection, staff, and schedule; and, e) Is supported in whole or in part with public funds. Town of Pilot Butte ZONING BYLAW Page 28 of 41 Public Notice: Means a notice given to the public regarding certain types of legal proceedings. Public Realm: Places and or spaces that are shared by the public. This includes all public places, open spaces and streetscapes. Public Restroom: A room containing one (1) or more toilets, and possibly lavatories or showers, for use by members of the general public. Public Works: includes: a) Systems for the production, distribution or transmission of electricity; b) Systems for the distribution, storage or transmission or natural gas or oil; c) Facilities for the storage, transmission, treatment, distribution or supply of water; d) Facilities for the collection, treatment, movement or disposal of sanitary sewage; e) Telephone, cable television or light distribution or transmission lines; f) Facilities for the collection, storage, movement and disposal of storm drainage or, g) Maintenance of roadways, public lands, and public buildings. R Railway: Administered by the legislative authority of the Province of Saskatchewan and as defined by The Railway Act. Ready-To-Move (RTM): A building which is built to completion off-site according to, and shall be as per standards set out in The Construction Codes Act, and which is transported to the site as a complete unit for placement on a fixed approved foundation. Ready-To-Move (RTM) Home: A residential building which is built to completion off-site according to, and shall be as per standards set out in The Construction Codes Act, and which is transported to the site as a complete unit for placement on a fixed approved foundation. Reclamation: The process of reconverting disturbed land to its former or other productive uses. Recreation Space, Common: That portion of a lot or building provided for tenant recreational use. Recreation space may be provided singularly or in combination on the site as developed or undeveloped outdoor space in addition to required open space, or as part of the building in the form of balconies, roof recreation areas, recreation rooms, and the like. Recreational (Commercial): A private or not- for- profit facility or amenity, a joint-use site or a park or playground that serves the surrounding neighbourhood, excluding firing ranges, golf courses and equestrian facilities. Recreational Vehicle: A vehicle used for personal pleasure or travel by an individual or a group of people, which may or may not be towed behind a principal vehicle. Notwithstanding the generality of the above may include: a) Motor home; b) Camper trailer; c) Boat; d) Snowmobile; e) All-terrain vehicle (ATV); f) Motorcycle; or, g) A trailer used to transport any of the above vehicles. Recreational Vehicle Park: Development primarily to accommodate recreational vehicles for a temporary period. Recycling and Collection Depot (Commercial): A building or series of buildings intended to accommodate the collection, sorting, processing and temporary storage of recyclable materials including the collection and storage of oil, solvents or other hazardous materials, processing of recyclable material other than compaction and accommodates compaction or storage. Town of Pilot Butte ZONING BYLAW Page 29 of 41 Re-development: Any re-development activity for existing land, building or structure to improve physical appearance, function or use of such land, building or structure. Regional Planning: The integrated management of the economic, social, and physical resources of a spatially bounded area. For the purpose of the Town's OCP, these regional areas will include the RM of Edenwold No. 158, the Town of White City, the Town of Balgonie, the City of Regina, and the First Nations and Métis Communities. Regional Planning is not limited to pursuing agreements with or cooperate with other stakeholders that will address joint planning, future growth, and joint delivery of services, based on common interests of the region as a whole. Regional plans' primary aim is to address the needs of the entire region rather than just one municipality. Registered Plan: A plan registered in the Saskatchewan Land Registry. Religious Assembly: Premises where people regularly assemble for religious worship that is maintained and controlled by a religious body organized to sustain public worship. Renovation: The repair and restoration or alteration of a building or a structure including the levelling and strengthening of foundations but does not include replacement of a building or structure. Repair Shop: An establishment engaged in the provision of maintenance or repair of goods or equipment but excluding the areas of automotive, building and specialized trade, construction, major appliance and farm machinery. Residential Care Home: A facility in a residential or a commercial setting, licensed or approved group care home, and governed by the provincial regulations or regulatory body, that provide 24- hour care of persons in need or personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. a) Type I: maximum of 10 residents, no minimum. b) Type II: minimum of 11 residents, no maximum. Residential Occupancy: Means the occupancy or use of a building or part thereof by persons for whom sleeping accommodations are provided but who are not harboured or detained to receive medical care or treatment or are not involuntarily detained. Resilience: With respect to urban planning, the term 'resilience' is the ability of an urban area, which includes individuals, communities, institutions, businesses and systems, to prepare for and adapt to change stemming from chronic stresses and acute shocks, and bounce back to a functioning state following a disruption. Restaurant: A building where food, alcoholic and non-alcoholic beverages are offered for public sale to be consumed at tables or counters either inside or outside of the building on the lot. Limited facilities may be permitted to provide for a take- out food function or catering. Retail Store (Shop): An establishment where goods, merchandise, substances, articles or things are offered or kept for retail sale, including storage of limited quantities of such goods, wares, merchandise, substances, articles or things sufficient to service such store. Retaining Wall: A structure constructed to hold- back, stabilize or support an earthen bank as a result of differences in lot grades. Rideshare Vehicle: Same meaning as "Vehicles for Hire". Right-of-Way: The land set aside for the use of a roadway, railway, or linear utility corridor. Riparian: The areas adjacent to any streams, rivers, lakes or wetlands. Town of Pilot Butte ZONING BYLAW Page 30 of 41 Source: Project Watershed (2022) Road: Same meaning as "Street". This excludes highway. S Sand and Gravel: Sand and gravel products, excluding ceramic clays, found on the surface of land and obtainable by either or both of the following methods: a) Stripping off the surface; or, b) Excavating. Satellite Dish: An accessory structure either freestanding or attached, designed in the shape of a dish or cone to send and receive telecommunication signals from a satellite. School: A body of pupils that is organized as a unit for educational purposes under the jurisdiction of a board of education or of the Saskatchewan Ministry of Education and that comprises one or more instructional groups or classes, together with the principal and teaching staff and other employees assigned to such body of pupils, and includes the land, buildings or other premises and permanent improvements used by and in connection with that body of pupils. School, Commercial: The use of premises for training and instruction in a specific trade, skill, or service for the financial gain of the individual or company owning the school. Typical uses include secretarial, business, hairdressing, beauty culture, dancing, or music schools. Screening or Screening Device: The use of vegetation, walls, fences and other structures to visually shield, block or obscure one development from another or the public. Sea (Rail) Can: A standardized reusable steel box used for the secure storage and movement of materials and products; also called a shipping container as defined in this Bylaw. Secondary Building Faces: The exterior building walls which are not classified as primary building faces. Secondary Suite: A permanent self-contained dwelling unit which is an accessory dwelling to, and located within, the same lot or site of a principal dwelling. The secondary suite shall meet th . e standards set out in The Construction Codes Act Self-Contained: A unit having its own kitchen, bathroom and/or lavatory that are not shared by other units on the same parcel. Entrance and exit to at the unit may be shared or separate from othe units. Installation of own utility services, including Town's water meter is permitted. Separation Distance: A distance between two or more land uses, buildings, or structures, which ay be on the same site or on di m y be on the sa Town of Pilot Butte ZONING BYLAW Page 31 of 41 Service Station: A building which may be either a principal use on a lot or which is an accessory use in a clearly defined space on a lot within which gasoline or other motor fuels are kept for sale and delivery directly into a motor vehicle and may include the sale of fast foods, dry goods and groceries as an accessory use. Where the service station is a principal use on the lot, it may also include the servicing and repairing of motor vehicles. Servicing Agreement: The legal agreement between the developer and the municipality which specifies the terms, conditions and obligations for the approval of the subdivision pursuant to Section 172 of The Planning and Development Act, 2007. Servicing Agreement Fee: Means a payment in whole or in part for the capital cost of providing, altering, expanding or upgrading sewage, water, drainage and other utility services, municipal roadway facilities, or park and recreation space facilities, to be situated within or outside the Plan of Proposed Subdivision, and that directly or indirectly serve the proposed subdivision. Setback: The distance required to obtain the front yard, rear yard or side yard of a lot or site. Setback, Front: Means a setback that is measured from a front lot line. Setback, Rear: Means a setback that is measured from a rear lot line. Setback, Side: Means a setback that is measured from a side lot line. Shall, Should, May, Must or Will: a) "Shall" is an operative word which means the action is obligatory. b) "Should" is an operative word which means that in order to achieve Plan objectives, it is strongly advised that the action be taken. c) "May" is an operative word meaning a choice is available, with no particular direction or guidance intended. d) "Must" is an operative word which means the action is obligatory. e) "Will" is an operative word which means the action is obligatory. Shipping Container: An article of transportation equipment, including one that is carried on a chassis, that is strong enough to be suitable for repeated use and is designed to facilitate the transportation of goods by one or more means of transportation and includes, though is not limited to, intermodal shipping containers, body of transport trailer or truck box but does not include a motor vehicle. Shipping Container (Sea Can) Building: A building, including those dwellings, made of shipping container or sea can materials. Shopping Centre: A group of retail businesses situated on a single or multiple buildings that may share off-street parking spaces and other joint use facilities. Shoreline: The line along which a (large) body of water meets the land. Sidewalk: A concrete path for pedestrians at the side of a road or street. Sight Triangle: The area contained in the triangle formed by two right-of-way roads or streets and a third line at an intersection. Town of Pilot Butte ZONING BYLAW Page 32 of 41 Sign: Any device, letter, figure, symbol, emblem or picture, which is affixed to or represented directly or indirectly upon a building, structure, or piece of land and which identifies or advertises any object, product, place, activity, person, organization or business in such a way as to be visible to the public on any street or thoroughfare. Sign, Attached: A sign affixed to any part of a wall of a building, including on doors and windows. Sign, Corridor: A sign placed within the strip of land that is parallel and adjacent to the right-of- way of a provincial highway and has obtained a permit from the Ministry of Highways. Sign, Digital: A sign or portion of a sign that displays electronic, non-pictorial, text information that uses computer generated messages involving letters, words, graphics, animation, or videos. These signs include digital displays, using incandescent lamps, LEDs, LCDs, plasma or related technology, whereby the message can be altered by electric or electronic means. Sign, Directional: A sign located off-site providing direction to and information about a specific enterprise or activity which does not contain general advertising. Sign, Freestanding: Any sign supported by a structure and not attached to any building. Sign, Portable: A sign mounted on a trailer, stand or similar support structure which can be transported from one location to another location for advertising purposes. Sign, Real-Estate: A sign directly associated with the sale of a property on which it is located. Sign, Special Event: A temporary sign for the purpose of directing and notifying persons of an event or activity that, in the applicant's opinion, has municipal, provincial, national or international importance occurring within the vicinity of the sign. Sign, Temporary: A sign which is not permanently installed or affixed in position, advertising a product or activity on a limited time basis. Sign, Third-party: A sign that is located separate and apart from the land on which the business of activity is located. Sign, Traffic Control: A sign, signal, marking, or any device placed or erected by the municipality or by the province which is meant to control the movement of vehicles. Single-Detached: Same meaning as "Single- Detached Building". Site: An area of land, consisting of one or more lots consolidated under a single certificate of title, considered as a unit devoted to a certain use or occupied by a building, and the customary accessories and open spaces belonging to the same. Site Area: The total horizontal area within the site lines of a site. Site Coverage: The percentage of the lot or site area covered by all the buildings and structures above the ground level, including uncovered swimming pools, terraces, porches and decks. Site Frontage: The boundary that divides the lot or site from the street or road. In the case of a corner site, Town of Pilot Butte ZONING BYLAW Page 33 of 41 the front site line shall mean the boundary separating the narrowest street frontage of the site from the street. Site Frontage, Irregular: The boundary that divides the lot or site from the street or road. Shall apply on curved front lots and on corner lots that are perpendicular to the fronting street. Calculation shall be as per instruction stated in this Bylaw. Site Line: Same meaning as "Lot Line". Site Plan: A document which indicates the location of all existing and proposed development on a site. Site Through: A site other than a corner site, having separate frontages on two streets. The front site line of a through site shall be determined by predetermined building lines. Site Width: The horizontal distance between the side boundaries of the site measured at a distance from the front lot line equal to the minimum front yard required for the district in which the site is located. Sleeping Unit: One or more rooms intended for temporary sleeping and accommodation. A sleeping unit may contain a toilet and a bathroom, but is not required to contain kitchen facilities or any kitchen equipment. Small-Scale: Pertaining to the intensity use of any commercial, community service, or industrial activities or business operations that is considered small-scale in the opinion of the Local Authority. Small-Town: A phrase that the general community expresses on 'the feel' of living in the land of Pilot Butte. The Official Community Plan has identified 'the small-town feel' as one of the public interests they hope to keep as this is an enticing urban quality of Pilot Butte. Spectator Entertainment Establishments: An enclosed building designed specifically for the presentation of live artistic performances or the showing of motion pictures. Typical uses include auditoria, cinemas, theatres and concert halls. Spectator Sports Establishments: Facilities intended for sports and athletic events that are held primarily for public entertainment, where patrons attend on a recurring basis. Typical uses include stadiums, arenas, and animal and vehicle racing tracks. Solar Energy System (Private): A solar energy conversion system consisting of solar panels and associated control or conversion electronics, where the priority and intention is to provide electrical power for use on-site (either behind the meter or off-grid). Solar Energy System (Commercial): A solar panel energy conversion system consisting of solar panels and associated control or conversion electronics, which is intended to produce power for resale or off- site distribution. Solar Panel: Means an elevated panel or plate, or a canopy or array thereof, that captures and converts solar radiation to produce electric power. The Solar Panel must meet the standards set out in The Construction Codes Act if a Building Permit deems required. Special Care Facility (Home): An institutionalized nursing home, supervisory care home, sheltered care home or other facility used for the purpose of providing supervisory care, personal care, and/ or nursing care. Special Needs Housing: Multiple unit dwellings or dwelling groups operated by a non-profit corporation or public authority and used exclusively for the domestic habitation of senior citizens, disabled persons, occupants of subsidized housing, or the cohabitant spouse and children of persons noted above. Sports Field: An open space set aside for the playing of sports and may include benches or bleachers for spectators. Stables: A building that is divided into separate stalls for individual animals. Stakeholders: Individuals, groups, or organizations who have a specific interest or Town of Pilot Butte ZONING BYLAW Page 34 of 41 "stake" in a particular need, issue, situation or project and may include: a) Members of the local community including residents, businesses, workers, or representatives such as councilors or politicians; b) Community groups including services groups, interest groups, cultural groups clubs, religious groups, or other association groups; and/or, c) Local, provincial, and federal governments. Stockyard: An enclosed yard where livestock is kept temporarily. Stoop: A set of stairs or a ramp that connects a building entrance to the sidewalk. Storage: A land use class where the principal activity is the storage of goods. Storage Facility: A self-contained building or group of buildings containing lockers available for rent for the storage of personal goods; or a facility used exclusively to store bulk goods or a non- hazardous nature. Storefront: A portion of a façade oriented to face a public street to receive patrons. Storey: That portion of a building that is situated between the top of any floor and the top of the next floor above it, and if there is no floor above it, that portion between the top of such floor and the ceiling above it. Source: Pharmout (2020) Stormwater: Means the water that originates from intense precipitation (storm), including heavy rain and meltwater from hail and snow. Stormwater Management Plan: Means the set of drawings and other documents that comprise all the information and specifications for the programs, drainage systems, structures, concepts and techniques intended to maintain or restore quality and quantity of stormwater runoff to pre- development levels. Street: A legal access owned by the Crown which is predominantly used for vehicular access to abutting sites but shall not include an easement or lane. Street, Arterial: A roadway primarily used for through traffic and serves major traffic flows between the principal areas of traffic generation with direct access to adjacent development being limited. They connect with urban collectors, freeways, and other arterial roads. Street, Collector: Means a roadway that services traffic between local and arterial streets or roads with access to community recreation centres, business centres, schools, athletic fields, neighbourhood shopping centres, and other secondary traffic generator, and to serve traffic from neighbourhood to neighbourhood within the community. Street, Freeway: A street that provides for: a) Unimpeded traffic flow at high speeds; b) Access points that are grade separated; and, c) No direct access to abutting properties. Streetscape: The physical elements of the street, as seen from a human perspective, that helps define the character, perception, scale, and overall "feel" of the street or neighbourhood, including: a) Trees and other vegetation; b) Sidewalks, medians, and boulevards, including textural elements; c) Street furniture and decoration; d) Frontages, façades, massing, scale, and architectural aesthetic of buildings; e) Pedestrians and bicyclists; f) Moving and parked vehicles; g) Roadways and lanes; Town of Pilot Butte ZONING BYLAW Page 35 of 41 h) Signage; and i) Utility elements. Streetscaping: A concept which recognizes that a street is a public place where people are able to engage in various activities. Streetscapes and their visual experience largely influence public places where people interact, and it ultimately helps define a community's aesthetic quality, economic activity, health, and sustainability. Strip Mall: Same meaning as "Shopping Centre". Structure: Anything that is built, constructed, or erected located in, on or over the ground or attached to something located in, on, or over the ground. Structure, Accessory: Same meaning as "Accessory Building". Structure, Ancillary: Same meaning as "Ancillary Building". Structure, Principal: Same meaning as "Principal Building". Structure, Temporary: Anything that is built, constructed or erected, located on the ground or attached to something located on the ground but that may be relocated or moved and is not of a permanent nature. Subdivision: Means the division of land that will result in the creation of a surface parcel, or the rearrangement of the boundaries or limits of a surface parcel. Subdivision Application: A subdivision application form must be submitted to the Town for every proposed subdivision along with the applicable fees to ensure the application meets the development standards and regulations contained in this Bylaw. Subdivision Checklist: A checklist that will show the Town's requirements on any subdivision application received from the Subdivision Approving Authority office which is the Community Planning Branch of the Province of Saskatchewan. Substantial Addition: When the gross floor area of an addition to an existing building is greater than fifty (50) percent of the gross floor area of the existing building. This requires the implementation of all development standards and regulations for the subject land use zone. Sustainability: A broad policy concept that focuses on meeting the needs of the present without compromising the ability of future generations to meet their needs. The term 'sustainability' under the Town's OCP has the following three (3) pillars: 1) Community: which comprises health and social services including arts, culture, heritage, recreation, housing, and education; 2) Natural Environment: which comprises parks, green space, air, water, flora and fauna, and ecosystems; and 3) Economy: which comprises business, industry, tourism, employment, and jobs. Tandem Parking: Two or more parking spaces, one behind the other, with a common or shared point of access to a maneuvering lane or street. Surveyor Certificate (Real Property Report): A legal document that clearly illustrates permanent above- ground structures and registered easements in relation to property boundaries. This document consists of a plan showing the physical improvements with a written report outlining the details of the property, both signed by a Saskatchewan Land Surveyor. Swimming Pool: An artificially created basin, lined with concrete, fiberglass, vinyl or similar material, intended to contain water for the use of persons for swimming, diving, wading or other similar activity, which is 600 millimeters (2 feet) or more in depth, and includes pools situated on top of the ground and hot tubs. T Town of Pilot Butte ZONING BYLAW Page 36 of 41 Tavern: An establishment, or portion thereof, where the primary business is the sale of beverage alcohol for consumption on the premises, with or without food, and where no live entertainment or dance floor is permitted. Tax Abatement: In broad terms, an abatement is any reduction of an individual or corporation's tax liability. The term commonly refers to tax incentives that attempt to promote investments that boost economic growth or provide other social benefits. Telecommunication Facility: A structure situated on a non-residential site that is intended for transmitting or receiving television, radio, or telephone communications, excluding telecommunication towers and those used exclusively for dispatch communications. Telecommunication Tower: A structure used for transmission or reception of radio, television, telecommunications or the transmission of mechanical or electrical energy for industrial, commercial, private or public. Temporary Shelter Services: The provision of communal, transient accommodation sponsored or supervised by a Local, Provincial or Federal Authority or non-profit agency intended to provide basic lodgings for persons requiring immediate shelter and assistance for a short period of time. Theatre: A building or structure for the performing arts or the showing of motion pictures. Threshold: The maximum intensity, usually expressed as the maximum gross floor area, to which a land use is listed as permitted in a zone or area. Tie Code: Same meaning as "Parcel Tie". Tiny Home: Also known as "tiny house" which are typically between 100 and 400 square feet. While there is not a set standard, a tiny house rarely exceeds 500 square feet. Source: Toa Heftiba (2018) Top of Bank: A naturally occurring point, slope edge or setback line determined from topographic maps or by geo-technical study, where significant landform change can be detected. Tourist Camp: Same meaning as "Campground". Tourist Facility: A building or facility used for the travelling public and which is owned by a municipal corporation, a non-profit organization, or a not-for- profit organization. Tower Height: The height above-ground of the fixed portion of the tower (tower base) to the tallest portion of the tower. Town: Shall mean the Town of Pilot Butte. Townhouses: A residential building that fronts onto a street and is divided vertically into three (3) or more dwelling units, in which each dwelling unit has direct access to the outside at grade level and each unit is separated from other units by an interior common wall extending from the foundation to roofline. Each dwelling unit may be located on the same lot or site, or placed on different parcel, with separate entrances. All townhouses shall meet the standards set out in The Construction Codes Act. Traffic Impact Assessment: A study completed to evaluate the traffic and safety implications of a proposed development on a specific roadway or intersection or within a specific area and includes: Town of Pilot Butte ZONING BYLAW Page 37 of 41 a) An evaluation of the existing traffic condition, future conditions without the development and future conditions with the development in place; b) An estimate of the potential generated traffic from the proposed development; c) An assessment of the impact of the additional traffic on road network systems; and, d) Identification of roadway improvements and changes on or off-site that are required to minimize traffic impacts and ensure public safety. Traffic Noise Study: A study completed to estimate current noise levels in an area, determine the potential future noise in the area as a result of a proposed development and the cumulative effects of other nearby developments and determine mitigation measures to minimize nuisances related to noise either on or off-site. A Traffic Noise Study may form part of a Traffic Impact Assessment. Trailer, Motor Home: Any vehicle designed, constructed or reconstructed in such a manner as will permit occupancy as a dwelling or sleeping place for one or more persons, notwithstanding that its running gear is removed or jacked up, is used or constructed in such a way as to enable it to be used as a conveyance upon public streets or highways, and includes self- propelled and non- self-propelled vehicles. Source: Saad Chaudhry (2021) Treatment Plant: Refers to a plant or installation that is used to purify contaminated substances. These substances may be solid, liquid and semi- solids. Treatment plants are named after their treated substances, for example: a) Wastewater treatment plant - treated wastewater b) Effluent treatment plant - treated effluent c) Sewage treatment plant - treated sewage d) Water treatment plant - treated water Triplex: A building divided into three (3) separate building units whether side-by-side or up-down located on the same lot or site with separate entrances. Any triplex building shall meet the standards set out in The Construction Codes Act. U Undesignated: Lands maintained primarily in their existing state pending the completion of an area development scheme for a variety of potential future uses. Urban Design: Means the actions of conceiving and managing the special and aesthetic characteristics of urban space between and around buildings including physical elements that make up the streetscape and the combined visual effect of building facades and other structures. Urban Forest: Means those native or introduced trees and related vegetation in the urban and near-urban areas, including, but not limited to urban watersheds, soils and related habitats, street trees, park trees, residential trees, natural riparian habitats, and trees on other private and public properties. Urban Holding: Means areas or lands within the boundary of the Town of Pilot Butte that the Council intends to put on hold for future urban study and development. Urban Municipality: A municipality as defined by The Municipalities Act of the Province of Saskatchewan. The Town of Pilot Butte is considered as an urban municipality. Town of Pilot Butte ZONING BYLAW Page 38 of 41 Use: The purpose or activity for which any land, building or structure in which all or part are arranged, designed or intended, or for which these may be occupied or maintained. Use, Accessory: A use that is accessory, secondary or subordinate to the primary or principal use of land, building or site. Use, Commercial: The use of land, building, or structure for the purpose of buying and selling commodities, and supplying professional and personal services for compensation. Use, Community Service: The use of land, building or site that are predominantly for public service including, governmental service, public utility use, social, recreational, religious, cultural, educational, medical and humanitarian service, etc. Use, Discretionary: A use, building or form of development that may be permitted in a Zoning District following the submission of an application, public notification and the approval of the Council, and which complies with the development standards within this Bylaw or any condition required by Council. Use, Industrial: A development that involves a chemical or physical process that turns raw products into finished or semi-finished items, warehouses and bulk storage, manufacturing, assembling, processing, fabrication, outdoor storage, truck parking and loading facilities on large lots. Use, Industrial Commercial: Same meaning as "Industrial Use". Use, Permitted: The use of land, buildings or other structures that shall be allowed in a specific Zoning District where all requirements of this Bylaw are met. Use, Principal: A use that is intended to be the primary or predominantly purpose of the land, building or site. Use, Private: A land use class where the intent of the land use is not accessible to members of the general public. Use, Prohibited: A use of land, intensity of use, development, building or structure that is not permissible in a specific Zoning District. Use, Public: A land use class where the intent of the land use is its accessibility to members of the general public. Use, Residential: The use of land, buildings, or structures for human habitation. Used For: May mean "arranged for", "designed for", "intended for", "maintained for", or "occupied for". Utility: A land use type where the principal activity involves the distribution of utility services by a private entity. Utility, Private: Any development, building, structure or land use owned by a private entity that is principally concerned with the provision of utilities, which may be used for: drinking water, stormwater, sewage, electricity or telecommunications. Utility, Public: A system, works, plant, equipment or service, whether owned or operated by or for the municipality, or by a surrounding municipality, or by a corporation under agreement with the municipality, or under a Federal or Provincial statute, which furnishes any of the following services and facilities to the residents of the municipality: a) Communication by way of telephone lines, optical cable, microwave and cable television services; b) Delivery of water, natural gas and electricity; c) Public transportation by bus, rail, or other shared transportation modes (excluding rideshare); d) Collection and disposal of sewage, garbage and other wastes; and, Town of Pilot Butte ZONING BYLAW Page 39 of 41 e) Fire, police and other emergency services and facilities. V Vacation Rental: The short-term rental of a dwelling unit for accommodations by a person or group of persons where a rental fee is paid as a lump sum for a set period of time lasting no longer than six (6) weeks or based on a daily or weekly rate to the dwelling unit of an owner or manager for the rental of the dwelling unit. Value-Added: The increase in value generated by a company or individual through the additional processing or sale or raw materials along the production chain. Value-Added Agriculture: The physical transformation or upgrading of any raw/primary agricultural product(s) or any agricultural byproduct or waste into a new or upgraded product. This definition excludes facilities solely dedicated to cleaning, bagging, handling and/or storing of primary products. Variance: A relaxation of the requirements specified in this Bylaw as permitted by The Planning and Development Act, 2007. Vehicle Oriented Use: A land use that predominantly caters to vehicular traffic. Vehicle Repair: An establishment engaged in the provision of maintenance and major or minor mechanical repairs in motor vehicles or farm machinery. Vehicle Sales and Service: The premises where motor vehicles may be repaired, equipped, parked or stored for remuneration, sale, or display, including vehicle washing facilities as an ancillary use, but excluding gas bars, recreation vehicles or heavy equipment sales/rentals. Vehicles for Hire: A service provided by a driver affiliated with a transportation network company for the pre-arranged transportation of passengers for compensation but does not include a taxi service as per The Vehicle for Hire Act. Veterinary Clinic: A place for the care and treatment of small animals involving outpatient care and medical procedures involving hospitalization but shall not include the keeping of animals in outdoor pens. Vision Statement: The statement set out in the Pilot Butte Official Community Plan in effect which drives as foundation of this Zoning Bylaw to create land-use policies for orderly and sustainable urban planning. Volume: The amount of space that humans, substances or objects contain or occupy within a certain dimensional area or space. W Walkability: A measurement of how friendly an area is for walking. Improving walkability has health, economic, and environmental benefits. Walkway: A public path designed for use by pedestrian and/or bicycle traffic. Walkway, Covered: A hard-surfaced path for pedestrians covered with a permanent roof structure which is located alongside a street or extends between buildings. Warehouse: A building used for storage and distribution of wholesale goods and materials. Warehouse Sales: The use of premises for wholesale or retail sale of a limited range of bulky goods from within an enclosed building where the size and nature of the principal goods being sold typically require large floor areas for direct display to the purchaser or consumer, including premises where the principal goods being sold are such bulky items as furniture, carpet and major appliances, but excluding premises used for the retail sale of food or a broad range of goods for personal or household use, although stores that sell primarily home building supplies are permitted. Waste Disposal Facility, Liquid: A facility to accommodate any waste which contains animal, mineral or vegetable matter in solution or Town of Pilot Butte ZONING BYLAW Page 40 of 41 suspension, but does not include a septic system for a single residence or farmstead, or a manure storage area for an intensive livestock operation. Waste Disposal Facility, Solid: A facility or a temporary storage facility, to accommodate discarded materials, substances or objects which originated from residential, commercial, institutional and industrial sources which are disposed of in municipal or private landfills, but not including dangerous goods, hazardous waste or biomedical waste. Water Feature: A structure that may include a fountain, cascade, stream water, pond, decorative feature, etc. Waterbody: Any location where water flows or is present, whether or not the flow or the presence of water is continuous, intermittent or occurs only during a flood, and includes but is not limited to lakes, wetlands and aquifers. Watercourse: A river, stream, creek, gully, ravine, spring, coulee, valley floor, drainage ditch or any other channel having a bed and side or banks in which water flows either permanently or intermittently. Watershed: The area from which surface runoff drains into a stream, channel, lake, reservoir or other body of water; also called a drainage basin. Wetland: A land having the water table at, near, or above the land surface or which is saturated for a long enough period to promote wetland or aquatic processes as indicated by hydric soils, hydrophytes ("water loving") vegetation, and various kinds of biological activity which are adapted to the wet environment. Wholesale: The sale of commodities to retailers and shall include the sale of commodities for the purpose of carrying on any trade or business. Wild Animal: Means any species of animals of a wild nature, but excludes domestic dogs and cats, horses, cattle, sheep, goats, domestic pigs and poultry. Wild Plant: Means any undomesticated species of the plant kingdom occurring in a natural ecosystem. Wildlife Habitat: Means areas which, because of climate, soils, vegetation, relationship to water, location and other physical properties, have been identified as of critical importance to maintenance of wildlife species. Wildlife (Species): Refers to traditional non- domesticated vertebrates, but for the purpose of the Town's OCP will broadly reference to all wild plants, animals and other organisms. Wind Energy System (Private): A wind energy conversion system consisting of wind turbine(s), a tower and associated control or conversion electronics, where the priority and intention is to provide electrical power for use on-site (either behind the meter or off-grid). Wind Energy System (Commercial): A wind energy conversion system consisting of wind turbine(s), a tower and associated control or conversion electronics, which is intended to produce power for resale. Wind Turbine: The individual component of a Wind Energy Conversion System that converts kinetic energy from the wind into electrical energy, independent of the electrical conductors, electrical storage system, electrical metering, or electrical inverters. Wind Turbine, Electrical: An individual component of a Wind Energy Conversion System which converts kinetic wind energy to electrical energy through electric currents. Wind Turbine, Mechanical: An individual component of a Wind Energy Conversion System which converts kinetic wind energy to mechanical energy through motion. Work Camp: A temporary residential land use intended to provide accommodation for employees or contractors of industrial or construction operations. Without restricting the generality of the foregoing, a Work Camp is usually comprised of a number of mobile units, clustered in such a Town of Pilot Butte ZONING BYLAW Page 41 of 41 fashion as to provide sleeping, food preparation, eating and other basic living facilities. Work Camp excludes manufactured homes, mobile homes and other dwellings on permanent foundations. Y Yard: Any part of a lot or site unoccupied and unobstructed by any principal building or structure permitted in this Bylaw. Yard, Front: The part of a lot or site which extends across the full width of the lot or site between the front lot line and the nearest main wall of a building or structure. Yard, Rear: The part of a lot or site which extends across the full width of the lot or site between the rear lot line and the nearest main wall of a building or structure. Yard, Side: The part of a lot or site which extends from the front yard to the rear yard between the side lot line of a lot or site and the nearest main wall of a building or structure. Yard, Side, Single: A lot or site that contains only one side yard. Z Zone: A classification type that the Town of Pilot Butte applies to land to establish regulations and standards for the subdivision, use and development of that land. Zoning Bylaw: The primary legal and administrative means of implementing an Official Community Plan (OCP) according to The Planning and Development Act, 2007. This Bylaw will implement the land-use policies contained in the Town's OCP by prescribing and establishing zoning districts for residential uses, commercial uses, industrial uses, community service and institutional uses, and other municipal uses. Regulations within each district will govern the range of uses, site sizes, setbacks, building locations, off- street parking, landscaping, and so forth. The purpose of a Zoning Bylaw is to manage the use of land by providing regulations for responsible development in conjunction with the health, safety, and general welfare of the residents and business owners in the Town. A Zoning Bylaw permits a Council to set standards for the use and subdivision of land and helps manage the supply of municipal services and resources to new development. Zoning Compliance Letter: A letter to be issued by the Municipality to the recipient for the purpose of either acknowledging or prescribing the zoning regulations that were complied with or violated under the provision of this Zoning Bylaw. Zoning District: An area delineated on a Zoning District Map for which uniform use regulations are specified. Zoning District Map: A map which shows the various and number of zoning districts, into which the Town of Pilot Butte is divided, and shows the status and usage of each district within the municipal boundary. Town of Pilot Butte ZONING BYLAW 114 Appendix C - Schedule of Fees Town of Pilot Butte ZONING BYLAW Page 1 of 1 Appendix C - Schedule of Fees The following fees exclude Building Permit. Consult the Town for Building Permit fees when required. All fees may include taxes, if applicable. Type of Application Application Fee Development Permit i. Permitted Use, Primary Building or Purpose $100.00 ii. Discretionary Use $500.00 iii. Ancillary Use or Accessory Use $100.00 Amendments to the Zoning Bylaw (ZB) or the Official Community Plan (OCP) i. ZB/OCP Text Amendment $760.00 ii. ZB/OCP Map and Text Amendment (1 parcel) $865.00 iii. ZB/OCP Map and Text Amendment (2-3 parcels) $965.00 iv. ZB/OCP Map and Text Amendment (4+ parcels) $1065.00 Minor Variance to the Zoning Bylaw $175.00 A. The following fees exclude Building Permit. Consult the Town for Building Permit fees when required. All fees may include taxes, if applicable. B. All application fees are non-refundable, unless otherwise stated in the application. Town of Pilot Butte ZONING BYLAW 115 Appendix D - Development Permit Process Town of Pilot Butte ZONING BYLAW Page 1 of 3 Appendix D - Development Permit Process The "Development Permit Process" is presented below. Consult the Town for an up-to-date process. Development Permit Application is received by the Development Officer. Application is checked for the following: - Location, zoning and the surrounding land uses. - Parcel size and compliance with the minimum requirements for the zoning district and the proposed use. - Adherence to setback and building size requirements in the bylaw. - Compliance with other general bylaw regulations, policies or planning recommendations. - Other factors required to determine the suitability for the site for the intended use. Development Complies with Zoning Bylaw. Development does NOT Comply with Zoning Bylaw. Applicant Applies to Council for Amendment. Amendment to Bylaw Approved. Council does NOT Amend Bylaw. Development Permit Refused. Planning Appeals Committee, Saskatchewan Municipal Board. **Appeal to local Development Appeals Board. Permitted Use / Ancillary Use. Discretionary Use (Refer to Council). Issue Permit. Issue Permit with Conditions and/ or Development Standards. Refuse Permit. Refuse Permit. **No Appeal. Town of Pilot Butte ZONING BYLAW Page 2 of 3 The "Development Permit Checklist" is presented below. Consult the Town for an up-to-date checklist. Development Permit Application Review for an Ancillary Use All development proposals located by the Town's boundary requires review and approval from the Municipality. Municipal Task (by the Development Officer and/or any Town's appointed) Yes No Not Yet N/A Comments Completed Development Permit application and fee payment received. Official Community Plan bylaw amendment required. Rezoning and/or Zoning Bylaw amendment required. Development proposal meets Town's OCP and Zoning Bylaw. Agreement in Writing required (specify in comments). Site Plan required. Any Supplementary Information required (specify in comments). Analysis Report and Recommendations from the Development Officer submitted to Administrator for review, if necessary. All required Plans, Reports and/or Studies approved by the Development Officer. All required Agreement(s) signed by involved parties. Town registers an interest with the Agreement(s) against the parcel. Development Officer issued the Development Permit (whether approved, approved w/ conditions, or refused). Development Officer notified, in writing or inclusive with the issuance of the Permit, the applicant about his/her Right to Appeal the decision to the Development Appeals Board. Building Permit, as required, must be obtained by the applicant from the Town prior to construction (Fees are subject to separate Building Permit fees depending on the type of building/structure and size). Development Permit Application Review for a Permitted Use All development proposals located by the Town's boundary requires review and approval from the Municipality. Municipal Task (by the Development Officer and/or any Town's appointed) Yes No Not Yet N/A Comments Completed Development Permit application and fee payment received. Official Community Plan bylaw amendment required. Rezoning and/or Zoning Bylaw amendment required. Development proposal meets Town's OCP and Zoning Bylaw. Development Levy Agreement required. Agreement in Writing (specify in comments) required. Site Plan required. Grading and Drainage Plan required. Landscaping Plan required. Any other Supplementary Information required (specify in comments). Analysis Report and Recommendations from the Development Officer submitted to the Administrator for review. All required Plans, Reports and/or Studies approved by the Development Officer. All required Agreement(s) signed by involved parties. Town registers an interest with the Agreement(s) against the parcel. Development Officer issued the Development Permit (whether approved, approved w/ conditions, or refused). Development Officer notified, in writing or inclusive with the issuance of the Permit, the applicant about his/her Right to Appeal the decision to the Development Appeals Board. Building Permit, as required, must be obtained by the applicant from the Town prior to construction (Fees are subject to separate Building Permit fees depending on the type of building/structure and size). Town of Pilot Butte ZONING BYLAW Page 3 of 3 Development Permit Application Review for a Discretionary Use All development proposals located by the Town's boundary requires review and approval from the Municipality. Municipal Task (by the Development Officer and/or any Town's appointed) Yes No Not Yet N/A Comments Completed Development Permit application and fee payment received. Public Notice required. Analysis Report and Recommendations from the Development Officer submitted to the Administrator and Council for review. Council issued a resolution. Official Community Plan bylaw amendment required. Rezoning and/or Zoning Bylaw amendment required. Development proposal meets Town's OCP and Zoning Bylaw. Development Levy Agreement required. Other Agreement in Writing (specify in comments). Site Plan required. Grading and Drainage Plan required. Landscaping Plan required. Any other Supplementary Information required (specify in comments). All required Plans, Reports and/or Studies approved by the Development Officer. All required Agreement(s) signed by involved parties. Town registers an interest with the Agreement(s) against the parcel. Development Officer issued the Development Permit (whether approved, approved w/ conditions, or refused). If approved w/ conditions, the Development Officer notified, in writing or inclusive with the issuance of the Permit, the applicant about his/her Right to Appeal the decision to the Development Appeals Board. If refused, the Development Officer notified, in writing or inclusive with the issuance of the Permit, the applicant about his/her inability to Appeal the decision to the Development Appeals Board. Building Permit, as required, must be obtained by the applicant from the Town prior to construction (Fees are subject to separate Building Permit fees depending on the type of building/structure and size).