Rural Municipality of Baildon No. 131, Saskatchewan
This is the exact embedded text of the captured official document.
Snapshot 3ad1f02018f1 · verified 2026-06-13 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Zoning
BYLAW
RM of BAILDON NO. 131
R.M. of Baildon No. 131 Zoning Bylaw
2
R.M. of Baildon No. 131 Zoning Bylaw
3
THE RURAL MUNICIPALITY OF BAILDON NO. 131
BYLAW NO. 08-2015
A Bylaw of the Rural Municipality of Baildon No. 131 to adopt a Zoning Bylaw.
The Council of the Rural Municipality of Baildon, in the Province of Saskatchewan, in open meeting
assembled enacts as follows:
(1)
Pursuant to Section 34(1) of The Planning and Development Act, 2007 the Council of the Rural
Municipality of Baildon hereby adopts the Rural Municipality of Baildon Zoning Bylaw, identified
as Schedule "A" to this Bylaw.
(2)
The Reeve and Rural Administrator are hereby authorized to sign and seal Schedule "A" which is
attached to and forms part of this Bylaw.
(3)
Bylaw No. 2/88, the Zoning Bylaw, and all amendments to are hereby repealed.
(4)
This Bylaw shall come into force on the date of final approval by the Minister of Government
Relations.
Read a First Time the ___________day of ___________,
Read a Second Time the ___________ day of ____________,
Read a Third Time the ___________day of ___________,
Adoption of this Bylaw this _____________ day of ______________,
___________________________
(SEAL)
(Reeve)
___________________________
(Rural Municipality Administrator)
R.M. of Baildon No. 131 Zoning Bylaw
4
R.M. of Baildon No. 131 Zoning Bylaw
5
RURAL MUNICIPALITY OF BAILDON NO. 131
Zoning Bylaw
Bylaw No. 08-2015
SCHEDULE "A"
R.M. of Baildon No. 131 Zoning Bylaw
6
R.M. of Baildon No. 131 Zoning Bylaw
7
TABLE OF CONTENTS
SECTION
SUBJECT
PAGE
Section 1.
INTRODUCTION
9
1.1
Title
9
1.2
Scope
9
1.3
Severability
9
Section 2
DEFINITIONS
11
Section 3.
ADMINISTRATION
19
3.1
Development Officer
19
3.2
Development Permit Process
19
3.3
Temporary Development Permit
22
3.4
Interpretation
22
3.5
Building Permits, Licenses and Compliance with other Bylaws
23
3.6
Appeals
23
3.7
Development Not Requiring a Permit
24
3.8
Amending the Zoning Bylaw
25
3.9
Servicing Agreements and Development Levies
25
3.10
Fees and Advertising
26
3.11
Offences and Penalties
26
3.12
Minor Variances
26
Section 4.
GENERAL REGULATIONS
29
4.1
Environmental Management and Hazard Lands
29
4.2
Number of Residences on a Parcel
29
4.3
One Principal Building or Use
29
4.4
Mobile and Modular Homes
30
4.5
Non-Conforming Uses, Sites and Buildings
30
4.6
Signs and Billboards
30
4.7
Storage of Vehicles
31
4.8
Salvage Yards, Auto Repair Shops, Body Shops and Similar Uses
32
4.9
Gas or Service Stations
32
4.10
Sea and Rail Containers
32
4.11
Public Utilities, Pipeline and Facilities
32
4.12
Waste Disposal
32
4.13
Home Based Businesses
33
4.14
Kennel
33
4.15
Bed and Breakfasts and Vacation Farm Operations
34
4.16
Campgrounds
34
4.17
Dwelling Groups
35
4.18
Access
35
4.19
Setbacks
36
4.20
Outdoor Storage
36
4.21
Accessory Uses
37
4.22
Fences
37
4.23
Grading and Leveling of Sites
38
R.M. of Baildon No. 131 Zoning Bylaw
8
4.24
Parking
38
4.25
Water
38
4.26
Storage of Chemical, Fertilizers and Combustible Materials
38
4.27
Waste Disposal
38
4.28
Wind Energy Systems
38
4.29
Telecommunication Towers
39
4.30
Domestic Game Farms
40
4.31
Conservation and Development Areas
40
4.32
Museums and/or Historical Developments
40
Section 5
ZONING DISTRICTS
41
Section 6
AGRICULTURAL RESOURCE DISTRICT (AR)
43
Section 7
HAMLET DISTRICT (H)
55
Section 8
HIGHWAY COMMERCIAL DISTRICT (HC)
59
Section 9
15 WING OVERLAY DISTRICT
63
Section 10
Zoning District Maps
R.M. of Baildon No. 131 Zoning Bylaw
9
1 INTRODUCTION
1.1
Title
This Bylaw shall be known as the "Zoning Bylaw of the Rural Municipality of Baildon No. 131"
1.2
Scope
All development within the limits of the Municipality shall be in conformity with the provisions
of this Bylaw.
1.3
Severability
If any part of this Bylaw, including anything shown on the Zoning District Map, is declared to be
invalid for any reason, by an authority of competent jurisdiction, the validity of the Bylaw as a
whole, or any other part, Section or provision of this Bylaw will not be affected.
R.M. of Baildon No. 131 Zoning Bylaw
10
R.M. of Baildon No. 131 Zoning Bylaw
11
2
DEFINITIONS
In this Bylaw when the following words or terms are used, they have the following meaning, unless the context
provides otherwise:
Accessory Use - a use or structure that is customarily incidental, subordinate, and exclusively devoted to the
principal use or building and is located on the same site with such principal use or building. Structures including
but not limited to, those intended to be used as vehicle garages, larger garden sheds, gazebos, recreational
structures housing swimming pools, tennis courts, ice surfaces and similar recreational activities that are not
intended for commercial use.
Act - The Planning and Development Act, 2007.
Administrator - the official administrator for the Municipality pursuant to The Municipalities Act.
Agricultural Operator: those persons responsible for the day-to-day management decisions made in the operation
of a farm or agricultural operation.
Alteration - any structural change or addition made to any building or structure.
Ancillary Use - a use that is secondary and subordinate in size, extent and purpose to the principal use on the
same site, but is not necessary for the operation of the principal use on that site.
Animal Husbandry - means the rearing, confinement or feeding of poultry, hogs, horses, sheep or cattle on a site,
but does not include intensive livestock operations.
Animal Unit - the kind and number of animals calculated in accordance with the following table:
Animal Type
# of Animals = 1 Animal Unit
Poultry
Hens, cockerels, capons
100
Chicks, broiler chickens
200
Turkeys, geese, ducks
50
Exotic birds
25
Hogs
Boars, sows
3
Gilts
4
Feeder pigs
6
Weanling pigs
20
Sheep
Rams or ewes
7
lambs
14
Goats, etc.
All
7
Cattle
Cows and bulls
1
Feeder cattle
1.5
Replacement heifers
2
Calves
4
Horses
Colts and ponies
2
Other
1
Other
Domesticated native ungulates (deer, elk,
bison, etc.)
1
R.M. of Baildon No. 131 Zoning Bylaw
12
Applicant - a developer or person applying for a development permit under this Bylaw, for a subdivision approval
to an approving authority under The Act.
Bed-and-Breakfast Operation- a residence, licensed as a tourist home under The Public Accommodation
Regulations, in which overnight accommodation within the unit, along with one meal served before noon, is
provided to the travelling public for a charge.
Beverage Room - an establishment, licensed by the Province of Saskatchewan, in that alcoholic beverages are
served for a fee for consumption on the premises and may include a licensed lounge that is ancillary to a
restaurant. Food preparation or serving of food maybe an accessory use to the drinking establishment but is
subject to all applicable provincial regulations.
Building - a structure used for the shelter or accommodation of persons, animals, or goods.
Building, Accessory - a subordinate detached building apart from the main building or main use and located in the
same site, which provides better and more convenient function of the main building or main use.
Building Permit - a permit issued under a building Bylaw of the Municipality (Building Bylaw) authorizing the
construction of all or part of any building.
Camping Facility - the seasonal operation of an area of land managed as a unit, providing temporary short-term
accommodation for tents, tent trailers, travel trailers, recreational vehicles and campers, used by travellers and
tourists.
Care Services - means development to provide daytime personal care and education to children or elderly persons,
but does not include overnight accommodation. Typical facilities would include daycare or "elder care" centres,
day nurseries, family day home child care, nursery schools and play schools.
Communal Dwelling - is identified as the dwelling unit(s) on land owned by a colony who use the land for
communal agricultural, educational, and other shared purposes.
Council - the Council of the Rural Municipality of Baildon No. 131.
Development - the carrying out of any building, engineering, mining or other operations in, on or over land or the
making of any material change in the use or intensity of the use of any building or land.
Development Permit - a document authorizing a development issued pursuant to this Bylaw.
Discretionary Use - means a use of land or buildings or form of development that:
(a)
is prescribed as a discretionary use in this Bylaw; and
(b)
requires the approval of Council pursuant to Section 56 of the Act and this Bylaw.
Domestic Animal- Animals such as dogs and cats, or any other animal that Council sees fit, which have been tamed
and made fit for a human environment.
Domestic Game Farm - Defined as per The Domestic Game Farm Animal Regulations.
R.M. of Baildon No. 131 Zoning Bylaw
13
Duplex Dwelling - a building divided into two (2) dwelling units as herein define, each of which is occupied as a
permanent home or residence.
Dwelling, Single Detached - a detached building consisting of one dwelling unit as defined here; and occupied or
intended to be occupied as a permanent home or residence, but shall not include a mobile home, modular home,
or trailer coach as defined here.
Dwelling Unit - one or more habitable rooms constituting a self-contained unit and used or intended to be used
together for living and sleeping purposes by one or more persons.
Dwelling Group - a group of principal buildings used as dwellings, located on a single parcel, developed as a
project, that may include rental, condominium or bare land condominium forms of
tenure.
Farmstead - a farm or the part of a farm comprising its main buildings together with adjacent lands.
Floor Area - the sum of horizontal area contained within the outside of the outside walls of a building at each floor
level at or above grade, excluding in the case of a dwelling, any private garage, porch, veranda, sun lounge, or
unfinished room or attic.
Flood Fringe - means the portion of the flood plain where the waters in the 1:500 year flood are projected to be
less than a depth of one metre or a velocity of one metre per second.
Flood Plain - means the area prone to flooding from a water body or watercourse that comprises the combined
area of the flood way and flood fringe.
Flood Way - means the portion of the flood plain adjoining the channel where the waters in the 1:500 year flood
are projected to meet or exceed a depth of one metre or a velocity of one metre per second.
Frontage - the full length of a titled site measured alongside the road on to which the site or building fronts.
Grocery Store - the use of a building, or a portion of a building, for the sale of foodstuffs and convenience goods
to serve the needs of the surrounding residents and the traveling public.
Hazard Land - land which may be prone to flooding, slumping, subsidence, landslides, erosion, any other
instability, or is located within the flood plain of a river, stream or lake.
Highway Sign Corridor - a strip of land parallel and adjacent to a provincial highway; where private signs may be
permitted to advertise goods and services of local area businesses and attractions, as provided by regulations of
the Ministry of Saskatchewan Highways and Infrastructure entitled The Provincial Highway Sign Control
Regulations, 2012, as may be amended or replaced from time to time.
Home Based Business - an occupation carried on by the occupants of a residence or agricultural operation and is a
use secondary to the permitted use.
R.M. of Baildon No. 131 Zoning Bylaw
14
Hotel - a building which provides sleeping accommodation for which a fee is charged and may also contain
commercial uses, facilities or services such as a restaurant, dining room, room service or convention room.
Intensive Agricultural Operation - a principal use that produces a crop that is grown in buildings or under
structures, using hydroponic techniques, or by use of intensive irrigation and fertilizer application, but not
including an intensive livestock operation.
Intensive Livestock Operation (ILO) - the operation or facilities for the confinement or feeding of poultry, bison,
hogs, sheep, goats, cattle, horses, or domesticated game animals where the site provides less than 370 m2 of
space for each animal unit and will contain 100 or more animal units.
Junked Vehicles - any automobile, tractor, truck, trailer or other vehicle that:
(a)
has no valid license plate
(b)
is in rusted, wrecked, partly wrecked, dismantled, partly dismantled, inoperative or abandoned
condition
(c)
is not contained within a permitted building
(d)
does not form part of a permitted business
Kennel - development used for the breeding, boarding, caring or training of dogs. Typical facilities include dog
boarding and dog training establishments, and animal rescue homes.
Lane - legal site intended to provide secondary access to the rear or side of abutting sites.
Liquor Sales - the wholesale or retail sale or distribution to the public of any and all types of alcohol
spirits/beverages.
Mobile Home - a trailer coach bearing CSA Z240 certification for mobile homes (or a replacement thereof):
(a) that is used as a dwelling
(b) that has water faucets and shower, or other bathing facilities, that may be connected to a water
distribution system
(c) that is equipped with facilities for washing and water closet, or other similar facility, which may be
connected to a sewage system.
Modular Home - a factory built home that is manufactured as a whole or modular unit and is designed to be
moved on a removable chassis to be used as one dwelling unit, and is certified by the manufacturer that it
complies with the Canadian Standards Association Code CSA-A277 standard.
R.M. of Baildon No. 131 Zoning Bylaw
15
Motel -a building or group of buildings on a site designed and operated to provide temporary accommodation and
contains separate sleeping units, each of which is provided with an adjoining conveniently located parking stall.
Multiple Dwelling - a residential building consisting of three (3) or more dwelling units.
Municipality - the Rural Municipality of Baildon No. 131
Non-Conforming Building - a building:
(a) that is lawfully constructed or lawfully under construction, or with respect to which all
required permits have been issued, at the date a Zoning Bylaw or any amendment to a Zoning
Bylaw affecting the building or land on which the building is situated or will be situated
becomes effective
(b) that on the date a Zoning Bylaw or any amendment to a Zoning Bylaw becomes effective does
not, or when constructed will not, comply with the Zoning Bylaw.
Non-Conforming Site - a site, consisting of one or more contiguous parcels, that, on the date a Zoning Bylaw or
any amendment to a Zoning Bylaw becomes effective, contains a use that conforms to the Bylaw, but the site area
or site dimensions do not conform to the standards of the Bylaw for that use.
Non-Conforming Use - a lawful specific use:
(a) being made of land or a building or intended to be made of land or of a building lawfully under
construction, or with respect to which all required permits have been issued, at the date the
Zoning Bylaw or any amendment to the Zoning Bylaw affecting the land or building becomes
effective
(b) that on the date the Zoning Bylaw or any amendment to the Zoning Bylaw becomes effective
does not, or in the case of a building under construction or with respect to which all required
permits have been issued will not, comply with the Zoning Bylaw.
Outside Storage - the storing, stockpiling or accumulating of goods, equipment or material in an area that is open
or exposed to the natural elements.
Pasture - a site that is used for the raising and feeding of livestock by grazing.
Permitted Use - a use or form of development rightfully allowed in a zoning District, subject to the regulations
contained in this Bylaw.
Personal Service Shops - a facility for providing a service to individuals, including but not limited to barbershops,
professional services, medical clinics, drycleaners, etc.
Principal Use - the main activities conducted on a site.
Principal Building - the main building in which the principal use of the site is conducted.
R.M. of Baildon No. 131 Zoning Bylaw
16
Public Road - a road allowance or a legally surveyed road vested in the name of Ministry of Highways and
Infrastructure.
Public Utility - a government or private enterprise, which provides a service to the general public not including
wind energy systems.
Quarter Section - a quarter Section as defined by the Township Plan of Survey in the Land Titles Office, exclusive
of any registered road, road widening, or railway right of way, but including any partial quarter Section defined on
the Township Plan of Survey.
Reeve - the Reeve of the Rural Municipality of Baildon No. 131
Residence - a single detached dwelling, mobile home or modular home
School - a site, building or other premises and improvements that is utilized for the purposes of educating
students with a faculty.
Sign - any writing (including letter or word), pictorial representation (including illustration or decoration), emblem
(including devise, symbol or trademark), flag (including banner or pennant), or any other figure of similar character
which:
(a) is a structure or any part thereof, or is attached to, painted on, or in any manner represented
on a building
(b) is used to announce or direct attention to, or advertise
(c)
is visible from outside the building.
Site - an area of land with fixed boundaries that has been registered in the Land Titles Office by Certificate of Title,
and for which all portions of the land are consolidated under a single title.
Site Line, Front or Site Frontage - the boundary that divides the site from the street or road. In the case of a
corner site, the front site line shall mean the boundary separating the narrowest street frontage of the site from
the street. Site frontage for a non-rectangular site shall be defined as the mean of the measured front and rear
site lines.
Site Line, Rear - the boundary at the rear of the site and opposite the front site line.
Site Line, Side - a site boundary other than a front or rear site line.
Street - a public road or thoroughfare registered by plan of survey which affords the principal means of access to
abutting property, but shall not include an easement or lane.
Structure - anything that is built, constructed, or erected, located in, on, or over the ground, or attached to
something located in or over the ground.
R.M. of Baildon No. 131 Zoning Bylaw
17
Subdivision - a division of land, and includes a division of a quarter Section into legal subdivisions as described in
the regulations made pursuant to The Land Surveys Titles Act, 2000.
Telecommunication Tower - structures designed to support antennas for telecommunication and broadcasting.
Total Wind System Height: Shall mean the height from ground level to the tip of the rotor at its highest point.
Tower: Shall mean any structure used for the transmission or reception of radio, television, telecommunications,
mechanical or electrical energy for industrial, commercial, private or public uses, or for the storage of any
substance or liquid
Tower Height: Shall mean the height above-ground of the fixed portion of the tower, excluding any wind turbine
and rotors.
Trailer Coach - any vehicle or dwelling that has been modified to allow for both transportation upon public roads
or highways and also be utilized as a dwelling or sleeping place for one or more persons.
Units of measure - units of measure in this Bylaw are metric abbreviated as follows:
m
- metre(s)
m2
- square metre(s)
km
- kilometre(s)
ha
- hectare(s)
ac
- acre(s)
ft
- foot (feet)
Use - the purpose or activity for which a piece of land or its buildings are designed, arranged or intended, occupied
or maintained.
Vacation Farm - an operating farm which may, on a day basis or for overnight purposes, offer a farm life
experience to groups, families, or individuals and which may provide either or both of the following:
(a) rental accommodation in the farm dwelling or adjacent private cabins comprising one or more
rooms furnished to enable the preparation of meals if full board is not provided
(b) a tract of land on which one or more camping, tenting or parking sites is located, where
electricity, potable water and toilet facilities are provided to the persons, families, or groups
occupying any of the sites.
Waste Disposal Facility, Liquid - a facility to accommodate any liquid waste from residential, commercial,
institutional and industrial sources, but does not include a septic system for a single residence or farmstead, or a
manure storage area for an intensive livestock operation.
Waste Disposal Facility, Solid - a facility, not including a waste transfer station or a temporary storage facility, to
accommodate discarded materials, substances or objects which originated from residential, commercial,
institutional and industrial sources which are typically disposed of in municipal or private landfills, but not
including dangerous goods, hazardous waste or biomedical waste.
R.M. of Baildon No. 131 Zoning Bylaw
18
Wind Energy System - a structure including towers that converts wind energy to electrical energy, including but
not limited to a wind charger or wind turbine.
Wind Energy Facilities - shall mean a power plant that uses wind turbines to generate electricity, together with all
fixtures, improvements, facilities, machinery, equipment, roads and other items required or useful for the
conversion of wind energy into electricity and/or the transmission of electricity, including without limitation:
i)
foundations and concrete pads, footings, steel towers, wires, anchors, fences,
maintenance, security, office and/or guest facilities, buildings to properly operate
the wind turbines, house, protect and otherwise facilitate the conversion and
transmission of electricity;
ii)
wind analysis equipment, anemometers and associated monitoring devices and
instruments, and associated towers, support structure, footings, towers, guy
wires, anchors and wires;
iii)
facilities for the storage, switching, metering, step-up, step-down, transmission,
conducting, wheeling or conveyance of electricity, or to connect one or more
wind turbines to a utility's or other wheeling entity's power lines, including,
without limitation, (i) transmission lines, (ii) power transfer, distribution and
collector lines, (iii) interconnection and switching facilities, (iv) transformers,
circuit breakers, disconnect switches and (v) associated towers, support
structures, footings, tower, poles, cross-arms, guy lines anchors and wires;
iv)
Facilities for the transmission, conveyance or transfer of date or communications
necessary for a wind energy project, including, without limitation, wire-based
control and communications systems, and wireless radio rely systems;
v)
substation facilities (to transfer power from the wind turbines to power
transmission lines); and
vi)
staging areas, lay-down areas and maintenance yards.
Yard - the open, unoccupied space on a lot between the property line and the nearest wall of a building.
Yard, Front - that part of a site that extends across the full width of a site between the front site line and the
nearest main wall of a building or structure.
Yard, Rear - that part of a site which extends across the full width of a site between the rear site line and the
nearest main wall of a building or structure.
Yard, Required - the minimum yard required by a provision of this Bylaw.
Yard, Side - the part of a site that extends from a front yard to the rear yard between the side line of a site and the
nearest main wall of a building or structure.
R.M. of Baildon No. 131 Zoning Bylaw
19
3 Administration
3.1
Development Officer
The Rural Municipal Administrator shall be the Development Officer responsible for the
administration of this Bylaw. In their absence Council may designate other employee(s) of the
Municipality from time to time.
3.2
Development Permit Process
a.
Every person shall obtain a development permit before commencing any development within
the Municipality, except those developments that are listed as exempt.
b.
The completed development permit application shall include, where applicable:
A description of the intended use or proposed development including any change in building
use or land use change
Legal land description
The signature of the applicant and the registered landowner(s)
A copy of the Certificate of Title or other proof of ownership
Estimated commencement and completion dates
Floor Plans and elevations of the proposed development (which will be kept at the
Municipal Office for future reference)
Technical reports i.e. geotechnical, hydrological, environmental
Flood elevation information
Construction schedule
A detailed description of the proposed use, its overall operation and servicing
Proof of approval from any other appropriate authority when such approval is deemed
necessary by the Development Officer
any other information needed to assess the application.
An attached site plan which shall include:
All adjacent roads, highways, service roads and access to the site (label on site plan)
Rights-of-ways and easements (gas, oil, power, drainage easements, etc)
All drainage courses
R.M. of Baildon No. 131 Zoning Bylaw
20
Location of proposed development
Existing development on the site
Landscaping details (existing trees, removal of trees, proposed plantings, berming, water
features, etc.)
Setbacks to property line, road and services
Top of bank and water
Existing and proposed services:
Location of well or cistern
Method and location of sewage disposal
Sign location and details like artwork, colors, size, lights, etc
Parking and loading facilities
Sidewalks, patios, playgrounds
North arrow
Any additional information deemed necessary by Council or the Development Officer
c.
Upon receipt of the completed application and prior to making a decision, the Development
Officer may refer any application to Council for a decision on the interpretation of the Bylaw or
regarding special conditions provided for in the Bylaw, and shall inform the applicant of the date
and time when Council will consider the matter. Council or the Development Officer may
require the applicant to provide further information necessary to render a decision.
d.
The Development Officer may refer the application to any internal or external departments or
organizations including other professional such as planning, legal or engineering, or 15 Wing
Moose Jaw for review or comment prior to issuing a development permit with the cost borne by
the applicant. Any recommendations received may be applied as conditions to the development
permit.
e.
The Development Officer shall make available a copy of all approved Development Permit
applications involving installation of water and sanitary services should such information be
requested by provincial officials under the Public Health Act and Regulations.
f.
The Development Officer shall determine if the proposed development is either:
i.
Permitted Use:
R.M. of Baildon No. 131 Zoning Bylaw
21
The Development Officer will issue a development permit when the application
conforms to the Zoning Bylaw, incorporating any special regulations,
performance standards or development standards authorized by this Bylaw
The Development Officer will issue a refusal, when the application does not
comply with a provision or regulation of this Bylaw and write a letter to the
applicant stating the reason for refusal.
ii.
Discretionary Use:
The Development Officer will prepare a report for Council on the proposal
discussing or examining the criteria for consideration of that discretionary use
and submit the application to Council for a decision.
At least 7 days before the application is to be considered by Council, the
Development Officer shall provide notice to the public for the discretionary use
application. The notice must be provided to the assessed owners of property
within 75 metres of the boundary with the applicant's land; and any other
owners the Development Officer feels should be notified or who may have an
interest in the lands.
Council shall make a decision on a discretionary use, by resolution, that
approves, approves with development standards or conditions, or refuses the
discretionary use on that site and that instructs the Development Officer to:
1.
Issue a development permit incorporating any specific development
standards set by Council, where the development complies with the
standards of this Bylaw
2.
Issue a notice of refusal to the applicant stating the reasons for the
refusal, referencing the specific discretionary
use
criteria
the
application did not meet
3.
All applicants shall be provided the effective date of the decision
and
information on their right of appeal.
Conditions may be specified by Council in its approval for a discretionary use in
addition to the applicable development standards set out in this Bylaw.
iii.
Prohibited Use:
If the proposed development is not listed as a Permitted or Discretionary Use, it is considered a
prohibited use.
g.
A new development permit approval is required when:
R.M. of Baildon No. 131 Zoning Bylaw
22
i.
The approved use ceases and is replaced by another use;
ii.
The approved use ceases for a 12 month period;
iii.
The development or use is not started within 12 months; or
iv.
The intensify of use increases.
h.
Council is deemed to have granted discretionary approval to a use, or specific intensity of use,
that becomes discretionary on a site as a result of the adoption or amendment of this Bylaw, as
of the date that this Bylaw or amendment comes into effect.
i.
Where a decision is not made upon an application within 60 days of submission to the
Administrator, the application is deemed refused and may be appealed. The period for a
decision may be extended by mutual agreement between Council and the applicant.
j.
Where a person wishes to vary the development from the application as approved, with or
without conditions, the person must submit a new application and obtain a new development
permit providing for the variation, before the variation is made.
k.
A development permit may be cancelled where the Development officer or Council is satisfied
that a permit was issued based on false or mistaken information, where new information
regarding environmental protection, flood or hazardous land is identified and when a developer
requests a development permit modification.
3.3
Temporary Development Permits
a.
Temporary Development permits may be issued with specified conditions for a specified period
of time to accommodate development incidental to approved construction, temporary
accommodation, or temporary gravel operations or asphalt plants unless otherwise exempt
under Section 3.7 of this Bylaw.
b.
The restoration and clean-up of the site may be a condition attached to a permit.
3.4
Interpretation
a. Where any provision of this Bylaw appears unclear, Council shall make the final Bylaw
interpretation.
R.M. of Baildon No. 131 Zoning Bylaw
23
3.5
Building Permits, Licenses, and Compliance with Other Bylaws
a.
Nothing in this Bylaw shall exempt any person from: complying with a Building Bylaw or any
other Bylaw in force within the Municipality; or from obtaining any permission required by this
or any other Bylaw of the Municipality, the province or the federal government.
b.
A building permit, where required, shall not be issued for a development unless a required
development permit has been issued. A building permit issued before a development permit is
not valid until the required development permit has been issued.
c.
Where applicable, the Development Officer may apply other bylaws as conditions to a
development permit.
3.6
Appeals
a.
The RM of Baildon has a Development Appeals Board.
b.
The composition of the Board, the secretary, remuneration and expenses, powers, duties and
responsibilities shall be as per Council's policy which is adopted by resolution.
c.
The Development Appeals Board has the authority to hear an appeal based on:
i.
The approval of a development permit where it is alleged the Development Officer
misapplied the Zoning Bylaw in approving the proposal;
ii.
The refusal of the Development Officer to issue a development permit because the
proposal contravenes the Zoning Bylaw;
iii.
Council's approval of a discretionary use with development standards or conditions
(only the conditions or standards may be appealed); or
iv.
An order to repair or correct contraventions under a Nuisance Bylaw, Property
Maintenance Bylaw and/or Zoning Bylaw adopted under The Municipalities Act
(Sections 364 and 365 ) or The Planning and Development Act, 2007 (Section 242).
d.
The Development Appeals Board does not have the authority to hear an appeal based on:
i.
A discretionary use application is refused;
ii.
Council refuses to amend a zoning bylaw or rezone land; or
iii.
A decision concerning a subdivision application.
e.
Anyone starting an appeal must send written notice of appeal to the Secretary of the
Development Appeals Board within:
i.
30 days of a Development Officer's decision being issued;
ii.
30 days of the failure of a Council to make a decision;
R.M. of Baildon No. 131 Zoning Bylaw
24
iii.
30 days of receiving a permit with terms and conditions; or
iv.
15 days if appealed under The Municipalities Act, or 30 days under The Planning and
Development Act, 2007, of an order being served to repair or correct contraventions.
f.
The Board must hold a public hearing on the appeal within 30 days of receiving a notice of
appeal.
g.
At least ten days before the hearing, the Board must notify affected parties about the hearing.
The notice must be served by personal service, ordinary mail or registered mail.
h.
In making an appeal to the Development Appeals Board, and hearing such appeal, the provisions
of The Planning and Development Act, 2007 shall apply.
3.7
Development Not Requiring a Permit
The following developments are exempt from obtaining a development permit provided they meet the
requirements of this Zoning Bylaw:
a.
Agricultural District:
i.
The planting, management and harvesting of field crops and gardens
ii.
The management of pastures for the raising of livestock -excluding ILOs.
iii.
Keeping of animals on farmsteads
iv.
Accessory uses and buildings required for the carrying out of agricultural uses (including
sheds, barns, grain bins/ grain storage buildings and quonsets). Accessory uses and
buildings related to a residential use will require a permit.
v.
Parking of private or agricultural vehicles on private lands
b.
Accessory buildings which are less than 10m² (107 ft²) in area that do not contain any habitable
rooms and are smaller in area than the principle residence. Including but not limited to sheds
and storage buildings. Accessory buildings shall adhere to the minimum setback requirements in
the applicable sections of this Bylaw.
c.
The repair and maintenance of existing buildings that does not include structural alterations,
additions or major works or renovation.
d.
Sidewalks and steps.
e.
Patios under 100 square feet and decks under 100 square feet.
f.
Landscaping on private lands: provided the drainage pattern of the site and adjacent sites are
not negatively impacted including any surrounding waterways.
R.M. of Baildon No. 131 Zoning Bylaw
25
g.
Installation and repair of public utilities, except solid and liquid waste disposal facilities.
h.
Development and expansion of municipal facilities, buildings and uses (including but not
exclusive to sand and gravel operations) that are operated and used by the RM of Baildon No.
131.
i.
Signs, subject to Section 4.6.
j.
Fences
k.
Keeping of domestic pets
3.8
Amending the Zoning Bylaw
a.
Any person who seeks to amend this Zoning Bylaw must submit an application for amendment
to the Development Officer who shall review and then refer the application to Council for
consideration.
b.
The amendment application is subject to fees as set out in the Municipal Fee Bylaw.
c.
Prior to Council's review, the Development Officer may refer the amendment application to any
internal or external departments or organizations for review or comment (ie. provincial
departments, interested stakeholders, etc).
d.
The process for public notification and public participation during the Bylaw adoption process
shall be as per the regulations of The Planning and Development Act, 2007.
e.
Premature rezoning of land for development shall not be practiced.
f.
Council shall consider Zoning Bylaw amendments to accommodate proposals, only when specific
development proposals, subdivision applications, servicing agreement and other information, as
the case may be, have been presented to and reviewed by Council.
3.9
Servicing Agreements and Development Levies
a.
Council may require a subdivision applicant to enter into a Servicing Agreement or development
permit applicant to enter into a Development Levy Agreement to ensure conformity with the
Official Community Plan and Zoning Bylaw and to ensure adequate funding for on-site and off-
site infrastructure development as allowed for in The Planning and Development Act, 2007.
b.
Council may require the applicant to post and maintain a performance bond, irrevocable letter
of credit or similar legal mechanism to ensure performance and to protect the public interest.
c.
Council may require the applicant to provide and maintain liability insurance to protect the
applicant, municipality and the public.
d.
Council will ensure there is adequate municipal infrastructure and other public facilities prior to
entering into the Agreement with the applicant, which may include sewage disposal, garbage
disposal, availability and adequacy of source of water, recreational facilities, etc.
R.M. of Baildon No. 131 Zoning Bylaw
26
e.
To protect the municipal and public interests, Council may require that development and
servicing agreements may be caveated on subject lands.
3.10
Fees and Advertising
a.
The fees related to the Zoning Bylaw and Official Community Plan shall be set out in the
Municipal Fees Bylaw.
b.
All advertising shall be as per the requirements of The Planning and Development Act, 2007.
3.11
Offences and Penalties
a.
Pursuant to Section 242 of The Planning and Development Act, 2007 the Development Officer
may issue a written order to the owner, operator or occupant of the land, building or premises
for any contravention to this Zoning Bylaw or the Official Community Plan.
b.
Any person who violates this Zoning Bylaw is guilty of an offence and is liable, on summary
conviction, to the penalties outlined in Section 243 of The Planning and Development Act, 2007.
3.12 Minor Variance
a.
Council may vary the requirements of this Zoning Bylaw for the:
i.
Minimum required distance of a building from the lot line
ii.
Minimum required distance of a building to any other building on the lot
b.
The maximum amount of variance given by Council shall not exceed 10% from the requirements
established in this Zoning Bylaw. The development must conform to the land use requirements
established in this Zoning Bylaw and shall not affect neighbouring properties.
c.
The Development Officer shall refer the development permit application for the minor variance
to Council. Council shall approve, approve with conditions or refuse the minor variance.
d.
If the application is refused by Council, the Development Officer shall provide written notice to
the applicant and provide reason for the refusal.
e.
If the application is approved by Council, with or without conditions, the Development Officer
shall provide written notice, delivered by registered mail, to the applicant and to the assessed
owners of property who have a common boundary with the applicant's land. The notice shall
contain a summary of the application and reasons for Council's approval as well as the effective
date of the decision. The assessed property owners may lodge a written objection to Council or
the Development Officer within 20 days after the receipt of the notice. If an objection is lodged,
the approval is deemed to be revoked and the Development Officer shall notify the
development permit applicant, in writing, of the revocation of the approval and the applicant's
right to appeal the revocation to the Development Appeals Board within 30 days after receiving
the notice.
R.M. of Baildon No. 131 Zoning Bylaw
27
f.
If an application for a minor variance is refused, the applicant may appeal the refusal to the
District Development Appeals Board within 30 days of that decision
R.M. of Baildon No. 131 Zoning Bylaw
28
R.M. of Baildon No. 131 Zoning Bylaw
29
4 General Regulations
The following regulations shall apply to all lands within the Rural Municipality of Baildon No. 131:
4.1
Environmental Management and Hazard Lands
a.
The Natural Environment Policies in Section 7.2 of the Official Community Plan shall be applied
to all development on hazard lands.
b.
If a proposed development has the potential to inhibit neighboring uses or natural systems it
shall be prohibited.
c.
Where a portion of land contains a water body or course, the appropriate setback distances
shall apply as per this Bylaw.
d.
No person shall backfill, grade, deposit earth or other material, excavate, or store goods or
materials on lands that are hazardous nor plant any vegetation parallel to the water flow.
e.
Flood proofing techniques, at Council's discretion, may be required in accordance with the flood
policies in the Official Community Plan and the Statements of Provincial Interest Regulations.
4.2
Number of Residences on a Parcel
a.
Only one residence shall be allowed on a titled area unless:
i.
A multiple dwelling unit or communal dwelling is allowed in accordance with this Bylaw
ii.
A maximum of two residences per titled site are allowed in the agricultural district on a
site of (16.20 hectares) 40 acres or more). Additional dwellings to accommodate full-
time or part-time workers engaged in the conduct of the agricultural operation may be
permitted at Council's discretion. Dwellings accessory to non-agricultural uses may be
permitted at Council's discretion in the Agricultural District.
iii.
In the Commercial District, one accessory dwelling per titled site that is less than 40
acres may be allowed at Council's discretion.
b.
A development permit application, in any district, for an additional residence will not be
approved unless the additional residence is designed, sited, constructed, and finished in a
manner that is visually compatible and harmonious with the character of the surrounding
residential developments.
4.3
One Principal Building or Use
a.
Only one principal building or use per site shall be permitted on any one site excluding:
agricultural and commercial uses, communal dwellings, parks, schools, hospitals,
recreation
facilities, public utilities, mineral and resource developments, gravel operations and approved
dwelling groups. Two residences are permitted on one titled lot of at least 16.20 hectares (40
acres) or more in the Agricultural District, as per Section 4.2.
R.M. of Baildon No. 131 Zoning Bylaw
30
b.
Council may, at its discretion, issue a development permit for additional principal uses or
buildings in the Commercial District.
c.
Temporary uses may be permitted on a site where a principal development already exists at
Council's discretion.
4.4
Mobile and Modular Homes
a.
A mobile or modular home is considered a residence for the purpose of this bylaw.
b.
All residences, including mobile and modular homes, shall be attached to a permanent
foundation and/or piles or securely anchored to the ground and skirted prior to occupancy.
c.
Every mobile home shall bear CSAZ240 MH Series certification (or replacement thereof) and
every modular home shall bear CSA A277 certification (or replacement thereof).
d.
Mobile and/or modular homes for non-residential purposes may only be considered at Council's
discretion.
4.5
Non-conforming Uses, Sites and Buildings
a.
The adoption or amendment of this Bylaw does not affect non-conforming buildings, non-
conforming uses or non-conforming sites.
b.
An existing non-conforming use or intensity of use may continue if the use existed when this
Bylaw was adopted and has not been discontinued for 12 consecutive months.
c.
Non-conforming buildings or sites may continue to be used, maintained and repaired in their
present form.
d.
Any lands which do not conform to the site requirements as set out in this Bylaw shall be
deemed to be conforming with regards to site size, provided that a registered title for the site
existed prior to the coming into force of this Bylaw.
4.6
Signs and Billboards
Unless specified elsewhere in this Bylaw the following regulations shall apply:
a.
Signs located in a Highway Sign Corridor shall be regulated entirely by the requirements of "The
Provincial Highway Sign Control Regulations, 2012" or amendments thereto, and do not require
a development permit from the RM of Baildon.
b.
Signs other than those located in a Highway Sign Corridor shall comply with the following:
i.
The following signs are allowed:
1.
A sign that advertises agricultural commercial uses, home based businesses, the
principal use of a site, or the principal products offered for sale on the site
R.M. of Baildon No. 131 Zoning Bylaw
31
2.
Signs with no advertising, including government signs, memorial signs,
directional signs, traffic control, no trespassing, hunting restrictions, farmyard
identification signs and similar signs
3.
Temporary signs and real estate signs, which shall be promptly removed after
they are no longer needed and shall have a facial area of not more than one (1)
square meter
ii.
A maximum of one advertising sign is permitted on a titled area. Additional signs may
be permitted at Council's discretion where identified as a discretionary use in this
Bylaw.
iii.
Billboard and other off-site advertising signs are prohibited
vi.
All private signs shall be located so that no part of the sign is over a public right of way.
vii.
The maximum facial area of a sign shall be 4' x 8' (32 sq. ft.) and a sample of the sign
artwork may be required to be submitted for review prior to installation.
viii.
A development permit is required for signs larger than 4' x 8' (32 sq. ft.) where
permitted in this Bylaw.
ix.
All signs may be double faced.
ix.
Signs that are in disrepair shall be properly maintained or removed at the discretion of
the Municipality. All signs shall conform to the amenities of the neighborhood.
x.
Signs shall not be located where they may interfere with, distract from, or obstruct the
view of a pedestrian way, vehicular right of way or railway crossing.
xi.
No sign shall be illuminated unless the source of light is steady and suitably shielded.
Flashing and/or animated sign shall be prohibited.
xii.
The maximum height of any free-standing sign shall be 6 meters, as measured from
grade level to top-of-sign.
4.7
Storage of Vehicles
a.
Notwithstanding anything contained in this Bylaw, no site shall be used for the parking or
outside storage of junked vehicles, which includes any automobile, tractor, truck, trailer or other
vehicle that has no valid license plate or is in a rusted, wrecked, partly wrecked, dismantled,
partly dismantled, inoperative or in an abandoned condition at Councils discretion except that
not more than three may be stored in the Hamlet District and not more than ten shall be stored
in the Agricultural and Highway Commercial District.
b.
Section 4.7 a. shall not apply to lands that have received a development permit for a salvage
yard or similar type development.
R.M. of Baildon No. 131 Zoning Bylaw
32
c.
All stored vehicles shall be kept in a neat and tidy manner. The RM may require that the
vehicles be screened from roadways or neighbouring properties with landscaping, fence, a
combination of both or that they be stored in a building.
d.
The use of an abandoned vehicle, or unlicensed vehicle or truck trailer unit for the purpose of a
sign is prohibited.
4.8
Salvage Yards, Auto Repair Shops and Body Shops and Similar Uses
a.
Salvage yards and similar uses may be required to be hidden from the view of the travelling
public including public roads or highways and from adjacent residential development.
b.
Screening may be required and can include natural or planted vegetation, fencing, building or
any other methods that Council approves.
4.9
Gas or Service Stations
a.
Gas or service stations, including underground storage tanks and program and natural gas
pumps setbacks, shall be in accordance with The Fire Protection Act and Provincial Regulations.
b.
Gas pumps and/or islands shall be set back 6 meters (20 ft) from any site line.
c.
Ease of access and egress for the flow and safety of travelling public is required.
d.
Parking requirements shall apply.
4.10
Sea and Rail Containers
a.
Sea and rail containers are only allowed as an accessory use on titled areas greater than or equal
to 10 acres and may be allowed at the discretion of Council in the Hamlet District and on titled
areas less than 10 acres. The Municipality may require screening with landscaping or fences.
4.11
Public Utilities, Pipelines, and Facilities of the Municipality
a.
Where a pipeline, other utility or transportation facility, crosses a municipal road Council may
apply special design standards as considered necessary to protect the municipal interest in the
road, including but not limited to requiring the pipeline to be punched under the road.
b. Unless otherwise stipulated, the regulations of this Bylaw shall not apply to maintenance
operations for linear public utilities, except solid and liquid waste disposal sites and wind
energy, (such as sewers, water mains, power cables, pipelines, railroad tracks) required in
connection with any lawful use of buildings or land.
4.12
Waste Disposal Facilities
a.
Development of a new solid or liquid waste disposal facility or expansion of an existing facility
will be subject to the following, as specified by Council upon issuing a permit:
i.
A buffer strip containing trees, shrubs or a berm shall be located surrounding a lagoon
or sanitary landfill disposal area
R.M. of Baildon No. 131 Zoning Bylaw
33
ii.
A lagoon or sanitary landfill disposal area shall be located outside the 1:500 flood hazard
area
iii.
Any solid or liquid waste disposal facility shall be fenced to provincial standards
b.
Criteria for approving a lagoon or sanitary landfill disposal area:
i.
A municipal or regional landfill or lagoon project must undergo a provincial
environmental impact assessment and a public hearing process to determine if the
proposal is considered suitable for the area.
ii.
Any necessary mitigation measures will be specified as conditions of the permit
approval
iii.
Private landfills and lagoons will be considered, provided they meet provincial
requirements, and are located so they will not interfere with existing or future
residential, recreational, or tourism development
iv.
Sanitary landfills and lagoons shall not be located on hazard lands as defined by this
bylaw.
4.13
Home Based Businesses
a.
A home based businesses shall be a secondary use on the property.
b.
The agricultural use or residential use shall be established on the property prior to the
establishment of the home based business.
c.
A home based businesses shall cause no variation in the residential or agricultural character or
the appearance of the residence, accessory residential building, or land, except for permitted
signs.
d.
All approvals issued for a home based business shall be subject to the condition that the
approval may be revoked at any time if, in the opinion of the Council, the conditions under
which the approval was originally issued are no longer met. Where an approval is revoked the
use shall cease immediately.
4.14
Kennel
a.
A Kennel shall not be located within or adjacent to a multi-parcel residential subdivision or
closer than 304.8 m (1,000.0 ft.) from the boundary of an adjacent property line. Exceptions
may be made when a highway, arterial road or secondary road bisects the 304.8 m (1,000.0 ft.)
separation distance.
b.
All facilities shall meet provincial regulations, when necessary.
R.M. of Baildon No. 131 Zoning Bylaw
34
c.
No facility or exterior exercise area used to accommodate the animals shall be located within 6
m (20 ft.) of any property line of the parcel on which the facility is to be sited.
d.
All exterior exercise areas (runs) shall be enclosed with a fence with a minimum height of 1.8 m
(6.0 ft.).
e.
All facilities, including buildings and exterior exercise areas, shall be required to be sited behind
the residence, unless stated otherwise by Council.
f.
All facilities shall be visually screened from existing dwellings on adjoining parcels.
4.15
Bed-and-Breakfast and Vacation Farm Operations
a.
A bed and breakfast or vacation farm operation shall be a secondary use on the property.
b.
The agricultural use or residential use shall be established on the property prior to the
establishment of the operation.
c.
The operation may include rooms, cabins, and overnight camping areas.
d.
The maximum number of rooms, cabins or overnight camping areas permitted will be specified
as a condition of the development permit.
e.
On-site signs will be permitted in accordance with Section 4.6.
f.
All operations shall be licensed pursuant to The Public Health Act, where tourist
accommodations require health approval and obtaining this license will be a condition of
approval.
g.
Bed-and-breakfast operations shall be located in a residence used as the operator's principal
residence, or located in a dwelling accessory to and established on the same site as the
operator's principal residence.
4.16
Campgrounds
a.
The operator of a campground shall provide the Development Officer with a plan of the
development, identifying:
i.
Any buildings;
ii.
Uses of land;
iii.
Changes to the land, grading/drainage, storm water management;
iv.
Location of garbage collection;
v.
Location of washroom facilities and utilities;
vi.
Emergency evacuation plan;
R.M. of Baildon No. 131 Zoning Bylaw
35
vii.
Location of all roadways; and
viii.
Campsites with dimensions.
b.
The addition or rearrangement of sites, the construction or moving of buildings, the material
change in use of portions of land, or the filling or clearing of land shall require a new
development permit, and the operator shall submit, for approval, an amended plan
incorporating the changes.
c.
There shall be a buffer area abutting the boundary of not less than 4.5 m (14.76 ft.), which shall
contain no buildings and shall be left in its natural state
d.
No portion of any campsite shall be located within a roadway or required buffer area.
e.
Each campsite shall have direct and convenient access to the internal developed roadway.
f.
The space provided for roadways within a campground shall be at least 7.5 m in width.
g.
The development may include uses such as laundry facilities or a confectionery designed to
meet the needs of the occupants of the campsites, and one residence for the accommodation of
the operator.
h.
All provincial regulations, including The Public Health Act, shall be complied with in respect to all
operations and development of the camping facility.
i.
All campgrounds shall be properly serviced. Council may apply specific requirements for water
and sewer.
4.17
Dwelling Groups
a.
Access to sites shall be from a road internal to the dwelling group parcel
b.
No dwelling shall be closer than 6 m (20 ft) to any other dwelling
c.
All buildings on a dwelling group parcel shall maintain the required yards to the property lines of
the parcel provided for the District and the required set back to the centre line of a road.
4.18
Access
a.
Every development shall have convenient, physical and legal access to a public highway,
municipal grid road or main farm access or road or any road to be developed under an
agreement that is developed to a standard that, in the opinion of Council, is suitable for the
proposed development.
b.
For the purposes of Bylaw "developed road" shall mean an existing paved or graded all-weather
road on a registered right of way, or a road for which arrangements have been made with
Council to provide for the construction of the road on a registered right of way to a standard
approved by Council
R.M. of Baildon No. 131 Zoning Bylaw
36
c.
Approaches and road crossings require approval from Council; the approval is issued through a
separate permit process than from this Bylaw.
d.
A site to be created by subdivision shall not be permitted unless the proposed parcels and the
remainder of the parcel being subdivided abuts, or has frontage on a registered developed road,
including any road to be developed under a signed servicing agreement.
e.
All lots within a subdivision may be required to have access from an internal subdivision road.
The number of accesses from the municipal road will be limited to provide for the safety of the
travelling public.
f.
Where, in the opinion of Council, a developed road would be prohibitively expensive for the
Municipality to construct or maintain, Council shall not be required to recommend subdivision
approval, or to issue a Development Permit, unless the proponent agrees to pay to the
Municipality the full cost, or such portion of the cost as Council may determine, for the
construction and maintenance of such street, in according with The Municipalities Act.
g.
Developed roads shall be to a standard approved by Council.
4.19
Setbacks
i.
The minimum setback of buildings, including a residence, structure or objects, from the
centreline of a developed road, municipal road allowance, or provincial highway shall be
46 m (150 ft.).
ii.
The minimum setback of buildings, including a residence, structure or objects from the
intersection of the center lines of two or more municipal road right-of-ways shall be
91.4 m (300 ft.).
iii.
Trees, shrubs, stone piles, portable structures, machinery, corrals, fences or other
objects, such as wells, dugouts, or reservoirs on private property shall also adhere to the
regulations in 4.19 i. and ii.
iv.
Fences which are 4 feet in height or less may be allowed up to the edge of the road right
of way.
v.
Minimum rear yard in all Districts (excluding the Hamlet District): 6.0 metres (20 feet)
vi.
Minimum side yard in all Districts (excluding the Hamlet District): 6.0 metres (20 feet)
vii.
No residence shall be located with less than a minimum separation distance to an
operation, other than the residence of the operation, as follows:
R.M. of Baildon No. 131 Zoning Bylaw
37
Use/Operation
Separation Distance
ILO
As per Table 1
Animal Testing Facilities
305 meters (1000ft)
Pregnant Mare Urine Operations
305 meters (1000ft)
Livestock Assembly and Brokerage Yards
305 meters (1000ft)
Abattoirs
305 meters (1000ft)
Anhydrous Ammonia facilities
305 meters (1000ft)
Bulk Petroleum Storage Facilities
305 meters (1000ft)
Sand and Gravel Pits
305 meters (1000ft)
Drive-in Theatres
305 meters (1000ft)
Private Airstrips
305 meters (1000ft)
Outdoor Gun Clubs and Shooting Ranges
305 meters (1000ft)
Licensed Public or Private Liquid Waste Disposal
Facility
305 meters (1000ft)
Licensed public or Private Solid Waste Disposal
Facility
457 meters (1500 ft)
Honey Processing Facility
305 meters (1000ft)
Non-refrigerated Anhydrous Ammonia Facility
licensed by the Province of Saskatchewan
305 meters (1000ft)
Refrigerated
Anhydrous
Ammonia
Facility
licensed by the Province of Saskatchewan
600 meters (1970 ft.)
v.
The minimum setback of any residence or building from any waterbody(ies) or watercourse
within the RM shall be 45.7 meters (150 ft.) unless specified otherwise by Council.
vi.
The minimum setback for buildings or other objects on private property from
an
internal
subdivision road shall be 7.6 m (25 ft.)
4.20
Outdoor Storage
a.
The outdoor storage or display of any materials or equipment shall be kept in a tidy a neat
manner.
4.21
Accessory Uses
a.
The peace, order and character of adjacent land uses shall not be disturbed by dust, noise,
odour, smoke, traffic or similar nuisances generated by any accessory use.
b.
Accessory uses/buildings will not include secondary suites or granny suites.
4.22
Fences
a.
No fence (including snow fences) may obstruct the view or site lines from public roads or
accesses.
b.
The maximum height shall be 6 ft. or else at the discretion of Council.
R.M. of Baildon No. 131 Zoning Bylaw
38
4.23
Grading and Leveling of Sites
a.
To provide adequate surface drainage that does not negatively impact adjacent properties,
grading and leveling of sites may be required at the owner's and/or developer's expense.
4.24
Parking
a.
Council may require that adequate space be left for parking for developments which are
intended for the purpose of accommodating vehicles of clients, customers, employees,
members, residents or visitors in connection with the principal building or use. The requirement
may be attached as a condition to the development permit.
4.25
Water
a.
No development or use of land shall be permitted where the proposal will adversely affect
domestic and municipal water supplies, or where a suitable, potable water supply cannot be
furnished to meet provincial requirements.
4.26
Storage of Chemicals, Fertilizers and Combustible Materials
a.
The storage of chemicals, fertilizers and combustible materials are subject to the requirements
of both the federal and provincial governments. All necessary approvals from other regulatory
agencies must be obtained prior to issuance of a development permit.
b.
Council may deny the proposed storage of a hazardous good if the proposed use has the
potential to cause a detrimental effect on the surrounding uses.
4.27
Waste Disposal
a.
No development or use of land which requires sewage disposal or landfill facilities shall be
permitted unless those facilities are approved by the Regional Health Authority and/or
Saskatchewan Environment. Disposal of liquid, solid or gaseous waste shall be governed by
provincial legislation.
4.28
Wind Energy Systems
a.
Where a number of Wind Energy Systems are proposed to operate in close proximity to each
other as a Wind Farm and the electrical power that is generated will be sold to a public or
private utility, the proposed development shall be deemed a Discretionary Use in the
Agricultural District.
b.
All roads and accesses required to facilitate the development shall be proposed by the
developer as part of the development permit application. As a condition of development the
Developer shall enter into an agreement with the municipality to ensure all roads and accesses
are constructed to municipal standards
c.
The developer may be required to enter into a road maintenance agreement, in accordance with
the regulations of The Municipalities Act.
R.M. of Baildon No. 131 Zoning Bylaw
39
d.
Site Suitability:
i.
There is no minimum site size for the allowance of any wind energy system.
ii.
All wind energy systems and towers shall be enclosed within a locked protective fencing,
where necessary, of a minimum height of 1.85 metres (6.0 ft.). Wind Turbines and
Roads do not require fencing.
iii.
Environmental concerns shall be addressed provincially and federally through
environmental assessment. Copies of environmental documents will be shared with the
Council upon issuance of the certificate, license or permit by the appropriate
authorities.
e.
Setback distances:
i.
Occupied residences to Wind Energy System: No Wind Energy System shall be located
within five hundred and fifty (550) meters (1804 ft.), unless otherwise agreed to by the
affected landowner, developer and the Council through variance procedures.
ii.
Road allowance to Wind Energy System: No Wind Energy System shall be within the
greater of 45.72 m (150 ft.) or the length of the wind turbine blade plus ten (10) meters
(3 ft.) from any road. No Wind Energy System shall be within three hundred (300) feet
(91 meters) of an intersection.
iii.
Property line of non-participating landowner to wind turbine - No wind turbine shall be
within the length of the wind turbine blade plus (10) meters (3 ft.) of any non-
participating property line, unless otherwise agreed to by the affected landowner,
developer and the Council through variance procedures.
iv.
Existing Wind Energy System to Wind Energy System - No Wind Energy System shall be
located within five hundred (500) meters (1640 ft.) of any existing wind turbine unless
the existing wind turbine is owned by the same person or unless the owner of the
existing Wind Energy System provides written consent.
f.
Maximum noise levels:
i.
Sound levels shall not exceed 45 dbA measured at a distance of 30 meters (98.42 ft.)
from an existing residential exterior wall.
g.
Residential Wind Energy Systems:
i.
For residential applications, wind energy components and towers less than 30 meters
(98.42 ft.) in height including maximum blade height shall be exempt from Wind Energy
System Regulations and considered as an Accessory Use.
4.29
Telecommunication Towers
a.
All towers may be required to be enclosed within a locked protective chain link fence.
R.M. of Baildon No. 131 Zoning Bylaw
40
b.
Council may consult with external agencies prior to issuing a permit.
c.
Towers shall not display advertising, unless required by Transport Canada and excluding the
manufacturer's logo.
d.
Where applicable, towers shall be erected in rear yards only.
e.
Setbacks from the centerline of a municipal road allowance shall be equal to the distance of
the height of the tower plus 10 meters or at Council's discretion.
4.30
Domestic Game Farms
a.
Shall comply with all federal and provincial regulations and legislation.
4.31
Conservation and Development Areas
a.
Future subdivisions and/or developments surrounding the conservation and development areas
(C&D) within the RM shall not have an adverse effect on the drainage system and ditches.
Council may refer the application to the appropriate agency(ies) and may require the developer
to provide professional reports/documentation that confirms that the drainage pattern and
ditches will not be affected and shall comply with provincial regulations and legislations.
4.32
Museums and/or Historical Developments
a.
At Council's discretion, site sizes, frontage and setbacks may be relaxed for subdivisions or
developments relating to museums or any other historical development.
b.
Consultations with provincial agencies may be required prior to granting a relaxation.
R.M. of Baildon No. 131 Zoning Bylaw
41
5 Zoning Districts
5.1
Districts
a.
For the purpose of applying this Bylaw, the Municipality is divided into Zoning Districts.
b.
All parts of the Municipality shall be designated as A - Agricultural District except those areas
specifically designated on the detailed Zoning District Maps as another District, attached to and
forming part of this bylaw.
5.2
Boundaries
a.
The boundaries of all Zoning Districts are shown on the map entitled, "Zoning District Map"
which is attached to, and forms a part of this Bylaw. Unless otherwise shown on the Map, the
boundaries of the Districts are site lines, centre lines of streets, lanes, roads or such lines
extended, and the boundaries of the Municipality. Unless otherwise shown on a Zoning
Amendment Map, the Zoning District boundary, coincident with a parcel boundary, moves with
a minor adjustment to that boundary.
5.3
Regulations
a.
Regulations for the Zoning Districts are outlined in the following Sections:
i.
Agricultural Resource District (AR)
ii.
Hamlet District (H)
iii.
Highway Commercial District (HC)
iv.
15 Wing Overlay District
R.M. of Baildon No. 131 Zoning Bylaw
42
R.M. of Baildon No. 131 Zoning Bylaw
43
6 Agricultural Resource District (AR)
The purpose of the Agricultural Resource District is to provide for and preserve the primary use of land
in the form of agricultural development and associated agricultural uses. Other uses compatible with
agricultural development are also provided for as well as location dependent natural resource
development. The Hamlets of Crestwynd and Tilney will also be included in this district as the RM will
transition these areas back to agricultural land.
6.1
Permitted Uses that require development permit approval:
a.
Residential Uses
i.
Residence (up to two residences permitted on titled sites > 40 acres (16.20 hectares) or
more).
ii.
Accessory buildings greater than 10 square meters (107 square feet) related to a
residence (including but not limited to garages, sheds, etc.)
iii.
Patios and decks greater than 10 square meters (107 square feet).
b.
Resource based uses:
i.
Petroleum exploration, extraction wells and related facilities
ii.
Petroleum pipelines and related facilities
iii.
Mineral mines or extraction facilities
iv.
Accessory uses or buildings related to the resource
c.
Agricultural Uses
i.
Intensive Agricultural Operations such as:
market gardens, orchards and fruit market, horticultural and sod farms including
nurseries, kennels, aviaries (birds) and apiaries (bees), the sale of produce obtained
from the pursuit of the listed uses and other uses determined by Council.
ii.
Facilities for the direct sale of horticulture crops
d.
Telecommunication towers
6.2
Discretionary Uses
The following uses will be permitted at Council's discretion and with compliance with all
provincial and federal regulations and legislation where necessary:
a.
Agricultural Uses
i.
New or expanding Intensive Livestock Operation (ILO)
R.M. of Baildon No. 131 Zoning Bylaw
44
ii.
Livestock related facilities, limited to: livestock assembly and brokerage yards, auction
facilities, abattoirs, other similar uses.
iii.
Equipment Uses, limited to: farm implement/machinery servicing and repair, welding
shops, salvage yards, equipment storage and rental, other similar uses.
iv.
Agro-Chemical Uses, limited to: fertilizer processing and storage, bulk petroleum
storage, grain and seed storage, drying and cleaning, other similar uses, including sales.
v.
Agricultural related Manufacturing and Processing, including storage and sales and
other commercial agricultural operations, grain elevators and other similar uses.
vi.
Agricultural service and contracting establishments
b.
General Commercial Uses, such as: retail stores, service/gas stations, financial institutions,
business/professional offices, beauty parlors and barber shops, commercial uses related to the
mineral and resource sector.
c.
Residential Uses
i.
Residences (more than two residences on one titled site > 40 acres to accommodate
full-time or part-time workers engaged in the conduct of the agricultural operation).
ii.
Bed and Breakfast Operation
iii.
Vacation Farm
d.
Recreational commercial uses (sports arenas or fields, parks and playgrounds, fair and rodeo
grounds, animal race tracks, gun clubs, shooting ranges, museums, hockey or curling rinks, drive
in theatres, golf courses, tourist campgrounds, or similar type uses)
e.
Community Uses:
i.
Places of worship, cemeteries, and non-residential schools
ii.
Radio, television and microwave towers
iii.
Public parks and public recreational facilities
iv.
Historical sites, archaeological sites, wildlife and conservation management areas
v.
Institutional camps or lodges
f.
Workcamps
g.
Sand, Gravel and Crushing Operations including accessory uses and buildings
h.
Dwellings accessory to Non-Agricultural Uses
R.M. of Baildon No. 131 Zoning Bylaw
45
i.
Accessory uses and buildings related to the above listed uses
j.
Signs (more than one per titled lot and/or greater than 3 sq. meters (32 sq. ft.))
k.
Private Airstrips
l.
Wind Energy Systems
m.
Game Farms
n.
Communal Dwellings
o.
Salvage Yard
p.
Keeping of animals on sites other than a farmstead
6.3
Regulations
a.
Subdivision
i.
The subdivision of any land within the Agricultural District is subject to the policies
contained in the Official Community Plan.
ii.
Two subdivisions will be allowed per quarter section (3 separate titles per quarter
section in total) before requiring rezoning to another district.
iii.
Additional sites may be considered where a part of land is physically separated from the
remainder of the quarter section by a railway, a registered road plan containing a
highway or developed road, or a river, lake or significant stream and the separated site
has direct access to a developed road
b.
Frontage
i.
Minimum site frontage for Sand and Gravel Operations shall be 45.7 meters (150 feet)
ii.
Minimum site frontage shall be 20 m (65 ft.) for all other parcels
iii.
Exemptions from minimum frontage may be considered by Council for resource based
uses and community uses.
c.
Site Size
i.
Agricultural Commercial and Intensive Agricultural Uses: Minimum 0.8 hectare (2 acre)
ii.
Resource Activity: as per Council's discretion
iii.
Residential: Minimum 0.81 hectares (2 acres) to a maximum of 15.8 hectares (39 acres)
R.M. of Baildon No. 131 Zoning Bylaw
46
iv.
Exemptions from minimum and maximum area requirements may be considered by
Council for the following: public and/or municipal facilities or uses, recreation and
heritage uses, wildlife habitats, conservation and development areas, community uses
and existing physical circumstances.
v.
The maximum and minimum site area may be varied depending on existing physical
circumstances i.e. limitations or demarcations such as existing shelterbelt, topographical
restraints or irregular(cutoff) shaped parcels caused by road cut-offs, railways, river,
lake or significant stream or other similar features at the discretion of Council.
d.
Setback Requirements
i.
Setbacks shall be as per Section 4.19 in this Bylaw.
e.
Resource Based Uses
i.
To provide appropriate access/egress, sewage, water, stormwater and/or drainage
works the construction of or upgrades to municipal infrastructure may be required at
the developer's expense.
ii.
Land use incompatibility, nuisance and pollution including odour and dust shall be
minimized by considering appropriate routes, buffers, screening, etc.
iii.
Signage, fencing, lighting restrictions or other safety measures may be required at the
developer's expense.
iv.
The developer may be required to submit to the RM a copy of the proposed reclamation
or rehabilitation plan.
v.
Council shall manage and review development, subdivision activities and proposal and
apply development standards and requirements in consultation, coordination and
cooperation
with
the
appropriate
Provincial
agencies
and
other
professionals/consultants as determined by Council.
vi.
The developer shall be required to provide Council sufficient information, plans, reports,
Federal and Provincial approvals and related information to enable Council to
thoroughly review and manage the proposed development in compliance with this
Bylaw.
vii.
Site inspections shall involve Council or other agencies when development and
subdivision proposals on environmentally sensitive lands take place.
6.4
Criteria for Discretionary Use Applications
Council shall use the following criteria in making a decision on a discretionary use development
permit application:
a.
A site plan and supporting documentation must be supplied to Council prior to making a
decision on a discretionary use application.
R.M. of Baildon No. 131 Zoning Bylaw
47
b.
The proposed development shall be located on a parcel conforming to all requirements of this
zoning bylaw, including site size, frontage, setbacks and access.
c.
No new or expanded discretionary uses shall be located in the 1:500 flood elevations as per the
provincial regulations or on hazard lands without appropriate studies completed by qualified
professionals with accompanying mitigating measures.
d.
The proposed discretionary use shall not negatively change the character of the immediate area
or the use and enjoyment of adjacent lands for their existing use.
e.
Commercial Uses, including Commercial Agricultural Developments:
i.
Any proposed agricultural commercial development is encouraged to locate adjacent to
existing roads that are of a standard to accommodate the business; as per the policies in
Part 4.2 of the Official Community Plan.
ii.
Any unsightly outdoor storage of machinery, vehicles, or materials including any salvage
or vehicle storage yard shall be adequately screened from the public's view.
iii.
If required, the operator will enter into a heavy haul agreement with the RM.
iv.
In the application for an intensive operation, the applicant shall identify the proposed
supply of water for the operation where intensive irrigation is required, showing that
the supply shall be sufficient to meet the needs of that operation without adverse
effects on the supply of water used by neighbouring properties. A license or proof of
application shall be required.
f.
Home Based Businesses:
i.
Any increase in the operation as applied for or approved shall require a new
discretionary use approval.
g.
Bed-and-Breakfast and Vacation Farms:
i.
The proposed structures are suitable and comfortable for the proposed development.
ii.
There shall be a water source suitable for public consumption at the facility.
iii.
There shall be suitable utilities and sewage disposal system for the facility.
iv.
There shall be appropriate levels of access to the site and off-street or road parking for
the users of the facility.
v.
The development shall not be in conflict with adjacent uses or uses currently on site.
vi.
The development shall meet all provincial regulations and legislations.
R.M. of Baildon No. 131 Zoning Bylaw
48
h.
Campgrounds
i.
Each site shall have access from an interior roadway
ii.
A water source for public consumption shall be available on site
iii.
Suitable utilities, sewage disposal systems and facilities shall be available on site
iv.
The development shall not conflict with adjacent uses or uses currently on site
v.
An emergency services plan shall been discussed and agreed to by the service providers
and the applicant
vi.
The development shall meet all provincial regulations and legislations.
i.
Workcamps
i.
In addition to the information required in Section 3.2, development permit applications
for workcamps shall contain the following information, to the satisfaction of Council:
1.
The location, type and purpose of the camp which shall include a site plan
specifying the number of buildings and their location.
2.
Method of supplying water, sewage and waste disposal facilities, which must
comply with provincial regulations.
3.
The number of persons proposed to live in the camp.
4.
The start date of construction, the date of occupancy and the removal date.
5.
Reclamation measures once the camp is no longer needed.
ii.
The developer is to maintain any existing natural buffers (trees, natural topography,
etc.), where possible.
iii.
The workcamp shall be contained within the commercial use or resource based use site.
iv.
The developer shall provide Council with information regarding the necessity of the
workcamp in attracting and attaining skilled workers for the operation of the
commercial use.
v.
The site shall be adjacent to an all-weather road to provide year round access to the
site.
vi.
There shall be sufficient separation distance between the buildings for fire emergency
access.
R.M. of Baildon No. 131 Zoning Bylaw
49
k.
Sand and Gravel Pits and Gravel Crushing Operations
i.
All sand and gravel operations shall meet provincial requirements and guidelines as well
as municipal requirements.
ii.
Land use incompatibility, nuisance and pollution shall be minimized by considering
appropriate routes, buffers, screening, etc.
iii.
All operations shall have efficient servicing, haul routes and have a high consideration
for public safety
iv.
Council will specify development conditions in conjunction with recommendations from
provincial agencies and reports from qualified person regarding site development,
services, modifications to application and location of operation;
v.
Council will specify conditions regarding cost recovery and cost- sharing of municipal
road construction and maintenance expenses due to increased haulage by trucks
carrying mineral resources.
vi.
The following standards shall apply to the development of sand and gravel
operations:
1.
Slope instability shall not be increased;
2.
Groundwater supplies shall not be depleted or adversely affected;
3.
Turbidity and siltation of water courses and bodies shall not be increased;
4.
Adjacent land uses shall not be adversely affected; and
5.
Wildlife habitats and historical and/or archaeological sites shall not be
disturbed.
vii.
Minimum excavation setbacks are as follows:
1.
45.72 metres (150 feet) from any dwelling;
2.
45.72 metres (150 feet) from the centre line of a Municipal Road; RM owned
operations are exempt from this requirement.
3.
45.72 metres (150 feet) from any recreational or heritage lands which should
not be disturbed; and
4.
30 metres (100 feet) from any hazard lands.
5.
Setbacks may be relaxed with written agreement between both parties
consenting to a closer separation distance. If an agreement is entered
into Council will require that an interest protecting the parties be registered
against the lands, at the cost of the developer.
R.M. of Baildon No. 131 Zoning Bylaw
50
viii.
All gravel operations shall have direct access to a developed road.
ix.
Applicants will be required to provide:
1.
A plan showing the location of the proposed area of operation, site boundaries,
the depth of excavation and the quantity of topsoil to be removed;
2.
A description of the excavation, stripping or grading operation, which
includes a decommissioning plan;
3.
A detailed timing and phasing of the project including the length of the
proposed operation;
4.
A plan showing the final site conditions and post-development land use plan
following the completion of the operation;
5.
A description of the measures to be taken for the prevention or mitigation
of
dust, noise, public safety, erosion and other effects to surrounding land uses
and the public, during and after the operation; and
6.
Information that identifies the projected volumes of truck traffic on roads, the
proposed road impacts (e.g. road deterioration), and the proposed measures to
minimize negative (e.g. noise, dust, excessive speed) impacts on other road
users and the public.
x.
Council may require the developer to proceed with site reclamation concurrently with
extraction activities, and in any event, site reclamation shall be completed to the
satisfaction of Council within three (3) years of closure of the pit operation. Portions of
the site which have been subject to extraction activities shall be restored to a natural
contour and slope acceptable to Council. Topsoil shall be stockpiled and replaced.
xi.
Council may require the developer to enter into an agreement which may be protected
by caveat on the Title to the subject site. Council may require the developer to provide
any assurance of performance that Council deems necessary or appropriate, to
undertake actions or meet responsibilities specified in an agreement or to ensure site
reclamation.
l.
Intensive Livestock Operations (ILOs)
i.
The RM of Baildon will require the developer to apply for a municipal development
permit for any ILO, including any rendering facility or abattoir.
ii.
Location Separation Criteria
1.
In order to ensure ILO development occurs in acceptable locations, new ILO
development proposed subsequent to the date of the adoption of this Bylaw
or a proposed expansion of an existing ILO (existing at the date of adoption of
R.M. of Baildon No. 131 Zoning Bylaw
51
this Bylaw) Council will consider an approval in conjunction with the location
separation criteria in this Section and in Table 1:
Table 1
Minimum Separation Criteria for ILO to Specific Uses (in metres)
Specific Use
Animal Units
100-299
300-499
500-2000
2000-5000
>5000
Residence, tourist
accommodation, or
campground
300
400
800
1200
1600
Area authorized for a multi-
parcel residential subdivision,
hamlet, urban municipality
<100 population
400
800
1200
1600
2000
Urban municipality
100-500 population
800
1200
1600
2400
2400
Urban municipality
501-5000
1200
1600
2400
3200
3200
Urban municipality
>5000
1600
2400
3200
3200
3200
Distances are measured between livestock facilities and building/site development
Distances do not apply to residences associated with the operation.
iii.
Location Separation Criteria Reduction
1.
Council, at its discretion, may consider lesser separation distances than given in
Table 1, subject to the following:
Where a lesser separation distance than described, in Table 1 will not
negatively impact the specific use or surrounding development, Council
may grant a reduction of the location separation criteria. Prior to granting a
reduction, Council will consult with appropriate agencies.
The developer shall provide written notice, approved by Council, to the
owners of all residences within the distance provided in Table 1, and to the
hamlet board of a hamlet or Council of urban municipality within the
specified distance
Where the separation distances is significantly, in Council's opinion, less
than the criteria of Table 1, Council will require the developer of a proposed
ILO to enter into an agreement with the owner of a residence and/or the
Municipality consenting to the proposed development up to a specified
R.M. of Baildon No. 131 Zoning Bylaw
52
size, as a condition of the approval. Council will require that an interest
protecting the parties to the agreement, be registered against the residence
and the ILO parcel titles at the cost of the developer.
iv.
Public consultation
1.
Council will advertise any proposal for an intensive livestock operation, as
defined by this Bylaw, in the local newspaper and will provide an opportunity
for public comment for a minimum of 21 days prior to making a decision. All
costs associated with advertising will be the responsibility of the developer.
2.
Council will encourage developers to hold a separate public open house prior to
development permit consideration to provide information to affected
landowners.
3.
If the developer does not hold a public open house, Council will hold a
separate public meeting prior to development permit consideration to ensure
community interests are considered before a decision is made by the Council, at
the cost of the developer.
4.
Council will make a decision on a proposed livestock operation within 45 days of
receiving all information necessary to make a decision. If an extension is
required, Council will notify the developer in writing, including reasons for the
extension, and the length of the extension.
vi.
Water Supply and Protection
1.
There shall be a water supply adequate for the proposed development and the
development shall not contaminate any water supply source. Council may:
Require the applicant to demonstrate that appropriate measures will be
in place to minimize the risk of contamination of water sources
Require the applicant to demonstrate an adequate water supply is
available for the development and that the supply for neighbouring
developments will not be adversely affected by the proposed operation.
Based on discussions with the Ministry of Agriculture, require as a
condition of development, that all water supply and protection
measures meet provincial standards.
2.
The development shall meet all provincial regulations and legislations.
vii.
Additional Information
1.
Council may require the applicant to obtain recommendations from
appropriate agencies and address issues regarding water supply, quality and
quantity considerations and manure management plans to evaluate the
suitability of the site
R.M. of Baildon No. 131 Zoning Bylaw
53
2.
The Agricultural Operations Act and other provincial legislation will apply to the
development of an ILO. When considering the operational or environmental
aspects of a proposed project that does not trigger a provincial review, Council
may wish to refer a development permit application to the appropriate agencies
for advice and recommendations.
viii.
Permit conditions
1.
As a condition of approval, Council shall specify the maximum number
of animal units for which the approval is made to reduce the potential for land
use conflicts with neighbouring uses.
2.
Development standards will be in accordance with provincial regulations and
legislations with regards to holding areas, Council may impose development
standards which specify the location of buildings or manure storage facilities on
the site, the locations may vary from the separation criteria in Table 1.
ix.
Existing Operations
1.
ILOs existing at the time of the adoption of this Bylaw may continue,
however if there is any expansion of the operation or change of animal species
or type of operation the developer will be required to obtain approval from
Council in accordance with the requirements and conditions of this Bylaw.
x.
Development permits are required for any proposed:
1.
New ILO
2.
Expansion of an existing ILO
3.
Any temporary facility or part of a site
4.
Change of animal species or type of operation
m.
Communal Dwellings
i.
All dwelling(s) are to be located on a parcel conforming to all requirements of the
Zoning Bylaw, including area, setbacks/ frontage, and access.
ii.
Utilities, including sewage disposal system(s) must meet provincial standards.
n.
Keeping of animals other than animal husbandry and those not mentioned in Section 6.1 c (i).
i.
At Council's discretion, animals may be kept on a residential site.
ii.
Council may apply development standards to ensure that specified concerns are
satisfied.
R.M. of Baildon No. 131 Zoning Bylaw
54
iii.
Council shall have regard for on-site conditions, adjacent land use, setbacks and public
health when determining requirements, and may regulate animals in a separate
agreement.
iv.
In rendering its discretionary decision, Council may direct that all residents within two
(2) km of the site proposed for the keeping of animals be notified concerning the
proposal by regular mail.
v.
Animals shall not be pastured within 15 m (49 ft) of any dwelling not owned by the
operator of the pasture or owner of the animals and buildings or structures intended to
contain birds or animals shall be located within 30 meters (100ft) of a property line.
iv.
The keeping of animals shall not cause excessive noise, odour, air pollution, water
contamination, or any other impact that jeopardizes public safety and welfare.
R.M. of Baildon No. 131 Zoning Bylaw
55
8 Hamlet District (H)
The objective of this district is to provide for urban density development of residential and associate
commercial or industrial development which do not directly support agriculture. Prior to the issuance of
a permit, sites may be required to be consolidated or acquire a parcel tie to comply with the regulations.
Only the Hamlet of Baildon will be zoned as Hamlet District. The Hamlet of Crestwynd and the Hamlet
of Tilney will fall within the Agricultural Resource District (AR).
8.1
Permitted Uses that require development permit approval:
a.
Residence including duplex, multiple or apartment dwellings, rooming and or boarding houses
b.
Accessory uses and buildings greater than 10m² (107 ft²)
c.
Commercial Uses such as: retail stores, grocery stores, restaurants,
confectionaries, liquor
stores and other places established for the sale and or consumption of food and related items.
d.
Patios and decks greater than 100 ft² (9.29 m²)
8.2
Discretionary Uses
a.
Commercial Uses such as: hotels/motels, service stations, financial
institutions,
business/professional offices, personal service shops, other similar uses.
b.
Institutional Uses such as: churches, religious institutions, cemeteries, lodges, cultural
institutions, fraternal organizations.
c.
Recreational Uses such as: sports fields, parks and playgrounds, golf
courses, hockey and
curling rinks, museums, theatres, community
halls, libraries,
d.
Industrial Uses:
i.
Agricultural equipment, motor vehicle, or recreational equipment dealers and service
establishments
ii.
Agricultural seed, fuel, and chemical supply establishments
iii.
Agricultural product storage, transshipment, service and contracting establishments,
excluding facilities for the handling of large animals
iv.
Construction trades
v.
Manufacturing or processing establishments
vi.
Welding, machine shops, and metal fabricating.
vii.
Grain elevators
R.M. of Baildon No. 131 Zoning Bylaw
56
e.
Residential Uses:
i.
Bed-and-breakfast Operation
ii.
Home based businesses
f.
Care facilities: Medical Centres, Care Homes, and Child Care Centers (subject to Provincial
Regulations)
8.3
Regulations
a.
Frontage
i.
Minimum site frontage shall be 15 m (50 ft.) for all parcels
ii.
Exemptions from minimum frontage may be considered by Council for public utility uses
and municipal facilities.
b.
Site Size
i.
Minimum site size shall be 462 sq. m (5000 sq. ft.)
ii.
Maximum site size shall be 4046 sq. m (43560 sq. ft.)
iii.
Exemptions from area requirements may be considered by Council for public utility uses
and municipal facilities.
c.
Access:
i.
A subdivision shall not be permitted unless the proposed parcels and the remainder of
the parcel being subdivided abuts, or has frontage on a registered developed road,
including any road to be developed under a signed servicing agreement.
ii.
All lots within a subdivision shall be provided access from an internal subdivision road.
The number of accesses from the municipal road and provincial highway will be limited
to provide for the safety of the travelling public.
d.
Setback Requirements
i.
Front Yard:
1.
Setbacks shall comply with Section 4.19 of this Bylaw.
2.
The minimum setback for all buildings from the property line shall be 3m (10 ft.)
ii.
Side Yard:
1.
The minimum setback for all buildings on private property from any side yard
shall be a 1.5 m (5 ft)
R.M. of Baildon No. 131 Zoning Bylaw
57
2.
No portion of any building, including eves, shall be located within 0.9m (3 feet)
of any site line.
iii.
Rear Yard
1.
The minimum setback for all buildings on private property from any rear yard
shall be a 1.5 m (5 ft.)
iv.
Floor Area
1.
The minimum floor area for dwellings/residences shall be 46.2 sq. m (500 sq. ft.)
vi.
Signs
1.
Signs for commercial uses within the Hamlet District shall adhere to Section 4.6 of this
Bylaw.
2.
All other uses in the Hamlet District shall be permitted to have (1) one sign per titled lot.
No such sign shall have a facial area in excess of (1) square meter.
8.4
Criteria for Discretionary Use Applications
a.
A site plan and supporting documentation must be supplied to Council prior to making a
decision on a discretionary use application.
b.
The proposed development shall be located on a parcel conforming to all requirements of this
zoning bylaw, including site size, frontage, setbacks and access.
c.
No new or expanded discretionary uses shall be located in the 1:500 flood elevations as per the
provincial regulations or on hazard lands without appropriate studies completed by qualified
professionals with accompanying mitigating measures.
d.
The proposed discretionary use shall not negatively change the character of the immediate area
or the use and enjoyment of adjacent lands for their existing use.
e.
Council will apply the criteria of the Official Community Plan when considering locations for
commercial and industrial uses
f.
Home Based Businesses:
i.
Council may apply special standards in the issuing a development permit limiting the
size of operation, and buildings used for the operation.
ii.
Any increase in the operation as applied for or approved shall require a new
discretionary approval
g.
Bed-and-breakfast Operation
R.M. of Baildon No. 131 Zoning Bylaw
58
i.
the proposed structures are suitable and comfortable for the proposed development
ii.
there is a water source suitable for public consumption at the facility
iii.
there are suitable utilities and sewage disposal system for the facility
iv.
there are appropriate levels of access to the site and off-street or road parking for the
users of the facility
v.
the development will not be in conflict with adjacent uses or uses currently on site.
vi.
the development shall meet all provincial regulations and legislations.
h.
Other requirements of this bylaw specific to the proposed use are met.
R.M. of Baildon No. 131 Zoning Bylaw
59
9 Highway Commercial District (HC)
The objective of this district is to provide for commercial and industrial development uses within the
RM where they would be appropriate. Preference will be given to developments and or subdivisions
that are in close proximity to Highway 2.
9.1
Permitted Uses that require development permit approval:
a.
Commercial nurseries or greenhouses, including retail.
b
Services stations with or without confectionary
c.
Motels and hotels
d.
Restaurants
e.
Retail stores
f.
Accessory buildings, greater than 10 m²
g.
Veterinary Hospitals and Veterinary Surgeons' Offices.
h.
Patios and decks greater than 100 square feet.
9.2
Discretionary Uses
a.
Abattoirs, skinning and tanning facilities
b.
Manufacturing
c.
Fabricating
d.
Agricultural product processing
e.
Auction Mart
f.
Outside Storage of materials visible from a Highway
h.
Storage unit facilities, structures and containers.
i.
More than one principal building(s) or use(s)
j.
Services, contracting and supply establishments
k.
Propane Gas Sales Establishments
l.
Campgrounds
R.M. of Baildon No. 131 Zoning Bylaw
60
l.
Autobody and Vehicle Repair Shops
m.
Motor vehicle dealers and service establishments
n.
Sales of Building, Home and Garden Supplies
o.
One accessory residence or dwelling per titled site
9.3
Regulations
a.
Subdivision
i.
All subdivisions shall be serviced to meet municipal standards and provincial
standards.
ii.
All subdivisions shall be as per the required Concept Plan approved by Council, as
per the policies in the Official Community Plan.
b.
Frontage
i.
Minimum site frontage shall be 45.72 m (150 ft.) for all parcels.
ii.
Exemptions from minimum frontage may be considered by Council for public utility
uses and municipal facilities.
c.
Site Size
i.
Minimum site size for hotels/motels shall be 1 hectare (2.5 acres).
ii.
Minimum site size for Campgrounds shall be 6 hectares (14 acres)
iii.
Minimum site size for all other uses shall be .8 hectare (2 acre)
iv.
Maximum site size shall be at the discretion of Council.
v.
Exemptions from minimum site size requirements may be considered by Council for
public utility uses and municipal facilities.
e.
Setback Requirements
i.
Setbacks shall comply with Section 4.19 of this Bylaw.
ii.
Front Yard:
1.
The minimum setback for buildings on private property from any front yard
line shall be 6m (20 ft.).
R.M. of Baildon No. 131 Zoning Bylaw
61
iii.
Side Yard:
The minimum setback for buildings on private property from any side yard shall be
a 6 m (20 ft).
iv.
Rear Yard
The minimum setback for residences and commercial buildings on private property
from any rear yard shall be a 6 m (20 ft.).
f.
Signs
i.
The maximum number of signs allowed on a site shall be determined at the
discretion of Council.
ii.
No sign shall have a facial area in excess of 4.5 square meters.
9.4
Criteria for Discretionary Use Applications
a.
All Discretionary Commercial Uses
i.
A site plan and supporting documentation must be supplied to Council prior to
making a decision on a discretionary use application.
ii.
The proposed development shall be located on a parcel conforming to all
requirements of this Zoning Bylaw, including site size, frontage, setbacks and access
and to all provincial requirements.
iii.
No new or expanded discretionary uses shall be located in the 1:500 flood elevations
or on hazard lands without appropriate studies completed by qualified professionals
with accompanying mitigating measures.
iv.
The proposed discretionary use shall not negatively change the character
of
the
immediate area or the use and enjoyment of adjacent lands for their existing use.
v.
Year round access to the site shall be available.
vi.
All commercial uses shall be separated from a residence not occupied by the
operator of the use, by a distance of at least 300m (984 ft.) unless the applicant can
establish to the satisfaction of Council that the use will not emit noxious odours,
smoke, dust and noise limiting the enjoyment or use of the residence.
b.
Outside Storage
i.
Uses that include or may include storage may require screening from
roads
or
neighbouring properties by landscape features or fences or a combination of both.
R.M. of Baildon No. 131 Zoning Bylaw
62
ii.
Council may apply special standards as conditions of approval regarding screening,
location of storage, location of vehicles on display, machinery and parts to avoid an
unsightly premise.
iii.
The proximity and location of residential and tourist facilities shall be considered in
making a discretionary use decision that involves outside storage of materials.
iv.
The storage of vehicles shall be subject to Section 4.7 of this Zoning Bylaw.
R.M. of Baildon No. 131 Zoning Bylaw
63
10
15 Wing Overlay District
The objective of this district is to provide regulations for lands that fall within 15 Wing Moose Jaw.
The following regulations shall apply in addition to the underlying district regulations. Where
discrepancies arise, the overlay district regulations will supersede.
10.1
Development
a.
All development within this overlay will be referred to 15 wing Moose Jaw for consultation
and recommendations prior to development taking place.
10.2
Prohibited Uses
a.
Uses, structures, buildings or commercial and/or industrial processes that may be noxious or
injurious or create emissions such as dust, smoke, excessive amount of refuse, matter, odor
gas, fumes, noise vibration or other similar discharges.