Bylaw No. 04-2021 Zoning Bylaw

Rural Municipality of Keys No. 303, Saskatchewan

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i RM OF KEYS NO. 303 SASKATCHEWAN Zoning Bylaw Bylaw No. 04-2021 i RM OF KEYS NO. 303 ZONING BYLAW Rural Municipality of Keys No. 303 Bylaw No. 04-2021 A Bylaw to adopt a Zoning Bylaw. The Council of the Rural Municipality of Keys No. 303, 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 Keys No. 303 hereby adopts the RM of Keys No. 303 Zoning Bylaw, identified as Schedule "A" to this Bylaw. 2) Bylaw No. 2004-03 and all amendments thereto is hereby repealed. 3) This Bylaw shall come into force on the date of final approval by the Minister of Government Relations. Read a first time the 4th day of February, 2021. Read a second time the 1st day of April, 2021. Read a third time the 1st day of April, 2021. CERTIFIED a true copy of Bylaw No. 04-2021 adopted by Resolution of Council on the 1st day of April, 2021. REEVE ADMINISTRATOR SEAL ii RM OF KEYS NO. 303 ZONING BYLAW Schedule A RM of Keys No. 303 Zoning Bylaw No. 04-2021 Table of Contents 1 Introduction .....................................................................................................................................................................................................1 1.1 Authority ..............................................................................................................................................................................................1 1.2 Title.........................................................................................................................................................................................................1 1.3 Purpose .................................................................................................................................................................................................1 1.4 Scope ......................................................................................................................................................................................................1 1.5 Severability .........................................................................................................................................................................................1 2 Administration ...............................................................................................................................................................................................2 2.1 Development Officer ......................................................................................................................................................................2 2.2 Council ..................................................................................................................................................................................................2 2.3 Interpretation ....................................................................................................................................................................................3 2.4 Bylaw Compliance ...........................................................................................................................................................................3 2.5 Development not Requiring a Permit ....................................................................................................................................3 2.6 Application for a Development Permit..................................................................................................................................4 2.7 Referral of Application ..................................................................................................................................................................5 2.8 Procedures for Issuing a Development Permit .................................................................................................................6 2.9 Development Permit for a Temporary Use .........................................................................................................................7 2.10 Moving and Demolition of Buildings ...................................................................................................................................8 2.11 Validity of a Development Permit .........................................................................................................................................8 2.12 Cancellation of Development Permit ...................................................................................................................................8 2.13 Permit Reissuance ........................................................................................................................................................................9 2.14 Building Permits, Licenses, and Compliance with Other Bylaws...........................................................................9 2.15 Development Appeals Board ...................................................................................................................................................9 2.16 Minor Variances .......................................................................................................................................................................... 10 2.17 Amending the Planning Bylaws .......................................................................................................................................... 11 2.18 Agreements ................................................................................................................................................................................... 12 2.19 Fees and Advertising ................................................................................................................................................................ 12 2.20 Concept Plans ............................................................................................................................................................................... 12 2.21 Offences and Penalties ............................................................................................................................................................. 13 3 General Regulations .................................................................................................................................................................................. 14 3.1 Hazard Lands .................................................................................................................................................................................. 14 3.2 Groundwater Protection ........................................................................................................................................................... 15 3.3 Heritage Sensitive Land ............................................................................................................................................................. 16 3.4 Critical Wildlife Habitat Management ................................................................................................................................ 16 3.5 Shelterbelts ...................................................................................................................................................................................... 17 3.6 Number of Principal Buildings per Site.............................................................................................................................. 17 3.7 Uses Permitted in all Zoning Districts ................................................................................................................................ 17 3.8 Accessory Uses, Structures, and Buildings ....................................................................................................................... 18 3.9 Water Supply and Wastewater Disposal ........................................................................................................................... 18 3.10 Restoration to a Safe Condition........................................................................................................................................... 18 3.11 Grading and Levelling of Sites.............................................................................................................................................. 18 3.12 Prohibited and Noxious Uses ............................................................................................................................................... 19 3.13 Non-conforming Buildings, Uses, and Sites ................................................................................................................... 19 3.14 Access and Approaches ........................................................................................................................................................... 20 3.15 Sight Triangle ............................................................................................................................................................................... 21 3.16 Setbacks .......................................................................................................................................................................................... 21 3.17 Signs and Billboards ................................................................................................................................................................. 22 3.18 Remnant Source Parcel ........................................................................................................................................................... 22 3.19 Projections and Encroachments ......................................................................................................................................... 23 3.20 Development in Proximity to Railways ........................................................................................................................... 23 3.21 Development along Pipelines and Gas Transmission Lines .................................................................................. 24 4 Criteria and Standards for Specific Uses .......................................................................................................................................... 25 4.1 General Criteria for Discretionary Uses ............................................................................................................................. 25 4.2 Salvage Yards and Vehicle Storage ....................................................................................................................................... 25 4.3 Home-based Businesses ............................................................................................................................................................ 26 4.4 Bed-and-Breakfast Homes and Vacation Farms ............................................................................................................ 26 4.5 Work Camps .................................................................................................................................................................................... 27 4.6 Mobile, Modular, and RTM Homes ....................................................................................................................................... 27 4.7 Garden Suites .................................................................................................................................................................................. 28 4.8 Secondary Suites ........................................................................................................................................................................... 28 4.9 Daycare Centres and Pre-Schools ......................................................................................................................................... 28 4.10 Residential Care Homes .......................................................................................................................................................... 29 4.11 Automotive Service and Gas Stations ............................................................................................................................... 29 4.12 Agricultural Tourism ................................................................................................................................................................ 29 4.13 Campgrounds ............................................................................................................................................................................... 30 4.14 Boarding Kennels ....................................................................................................................................................................... 30 4.15 Swimming Pools ......................................................................................................................................................................... 31 4.16 Equestrian Facilities ................................................................................................................................................................. 31 4.17 Solid and Liquid Waste Disposal Facilities .................................................................................................................... 32 4.18 Communal Farm Settlements ............................................................................................................................................... 33 4.19 Wind Energy Systems (Commercial Wind Farms) .................................................................................................... 34 4.20 Wind Energy Systems (Private) .......................................................................................................................................... 36 4.21 Solar Energy Systems (Commercial Solar Farms) ..................................................................................................... 37 4.22 Satellite Dishes and Individual Solar Energy Generators ....................................................................................... 38 4.23 Shipping (Sea and Rail) Containers ................................................................................................................................... 38 4.24 Cannabis Production Facilities ............................................................................................................................................ 39 4.25 Cannabis Retail Outlets ........................................................................................................................................................... 40 4.26 Aggregate Resource (Sand and Gravel) Development ............................................................................................. 41 4.27 Oil and Gas Development ....................................................................................................................................................... 43 4.28 Potash Development ................................................................................................................................................................ 45 4.29 Intensive Agricultural Operations ..................................................................................................................................... 46 4.30 Intensive Livestock Operations (ILOs) ............................................................................................................................ 47 5 Zoning Districts .......................................................................................................................................................................................... 51 5.1 Districts Overview ........................................................................................................................................................................ 51 5.2 AR - Agricultural Resource District ..................................................................................................................................... 52 5.3 CR - Country Residential District ......................................................................................................................................... 59 5.4 LD - Lakeshore Development District ................................................................................................................................ 64 5.5 CA - Conservation Area District ............................................................................................................................................. 69 5.6 C1 - Commercial-Industrial District .................................................................................................................................... 72 6 Definitions .................................................................................................................................................................................................... 77 7 Appendix A - Zoning District Map .................................................................................................................................................. 105 8 Appendix B - Opportunities and Constraints Map ..................................................................................................................... 108 1 1 INTRODUCTION 1.1 AUTHORITY Under the authority granted by The Planning and Development Act, 2007 (the PDA or Act), the Reeve and Council of the Rural Municipality of Keys No. 303 (the RM) in the Province of Saskatchewan, in open meeting, hereby enact as follows: 1.2 TITLE This Bylaw shall be known and may be cited as the " Zoning Bylaw". 1.3 PURPOSE The purpose of this Bylaw is to regulate development and to control the use of land in the RM in accordance with the Official Community Plan. The intent of this Zoning Bylaw is to provide for the amenity of the area within the RM and for the health, safety, and general welfare of the inhabitants: a) To minimize land use conflicts; b) To establish minimum standards to maintain the amenity of the RM; c) To ensure development is consistent with the physical limitations of the land; d) To restrict development that places undue demand on the RM for services; and e) To provide for land-use and development that is consistent with the goals and objectives of the RM. 1.4 SCOPE This Bylaw applies to all land included within the boundaries of the RM. All development within the limits of the RM shall hereafter conform to the provisions of this Bylaw. 1.5 SEVERABILITY A decision of a Court that one or more of the provisions of this Bylaw are invalid in whole or in part does not affect the validity, effectiveness, or enforceability of the other provisions or parts of the provisions of this Bylaw. 2 2 ADMINISTRATION 2.1 DEVELOPMENT OFFICER a) The Administrator of the RM shall be the Development Officer responsible for the administration of this Bylaw. In his/her absence, an employee of the Municipality appointed by the Administrator, or someone appointed by the Council to act as a Development Officer shall administer this Bylaw. b) The Development Officer shall: i. Maintain for inspection by the public and during office hours, a copy of this Bylaw, zoning map(s), and any amendments made to this Bylaw. Ensure copies of the bylaw are available to the public at a reasonable cost. ii. Make available, for public inspection during office hours, a register of all development permits, minor variances, and subdivision applications and decisions. iii. Collect development fees, according to the fee section of this bylaw or the fee schedule established by a separate municipal fee bylaw. iv. Be authorized to finalize and issue decisions on development permits for permitted uses. v. Perform other duties as determined by Council. c) The Development Officer shall receive, record, review, and forward to Council: i. Development permit applications for discretionary uses; ii. Applications to amend the Official Community Plan or the Zoning Bylaw; iii. Subdivision applications; iv. Development, development levy and servicing agreements; and v. Applications for minor variances. 2.2 COUNCIL a) Council shall make all decisions regarding discretionary uses, development agreements, development levy agreements, servicing agreements, and amendments to the planning Bylaws. b) Council shall review all subdivision application circulated to it by the Ministry of Government Relations. Council shall endeavour to submit, to the Ministry, a recommendation regarding the subdivision within the prescribed time period. c) Council shall act on applications for a discretionary use, a bylaw amendment, or a subdivision in accordance with the procedures established by PDA and in accordance with the Official Community Plan. 3 2.3 INTERPRETATION a) Where any provision of this Bylaw appears unclear, Council shall make the final Bylaw interpretation. b) All measurements in the Bylaw shall be based on the stated metric units. The imperial units shown in this Bylaw shall be approximate guidelines for reference. c) No existing development or site shall be deemed non-conforming due to non-compliance with the metric units used in the Zoning Bylaw. 2.4 BYLAW COMPLIANCE a) Errors or omissions by any person administering or required to comply with the provisions of this Bylaw do not relieve any person from liability for failure to comply with the provisions of this Bylaw. 2.5 DEVELOPMENT NOT REQUIRING A PERMIT a) The following developments shall be exempt from development permit requirements, but shall conform to all Bylaw requirements (e.g., building permits, setbacks, environmental and development standards): i. All Zoning Districts: a. Accessory Uses: all buildings or structures which are no more than 10 square metres (107.6 square feet) in area and which will be accessory to a lawful use within the zoning districts established by this Bylaw. The accessory use shall comply with all requirements of this Bylaw. b. The temporary placement of a trailer, tool shed, scaffold, or other equipment incidental to an approved construction site for which a development and/or building permit has been issued. All construction equipment and uses shall be removed as soon as is practical after construction activities cease. c. The erection of any fence, wall, gate, television antennae, or radio antennae. d. The use of all or part of a building as a temporary polling station, returning officer's headquarters, candidates' campaign offices and any other official temporary use in connection with a federal, provincial or municipal election, referendum or census. e. Internal alterations and maintenance to buildings, including mechanical or electrical work, provided that the use, or intensity of use of the building, does not change or an increase in the number of dwelling units within the building or on the site. f. Landscaped areas, driveways, and parking lots, provided the natural or designed drainage pattern of the site and adjacent sites are not adversely impacted. New or altered drainage works require a development permit from the Development Officer prior to construction. g. Signs subject to the provisions of this Bylaw. 4 h. Facilities, buildings and uses undertaken, erected, or operated by the Municipality. i. Public utilities. j. Petroleum or natural gas exploration wells or extraction wells are exempt only where legal and physical access to the proposed well site has been previously approved by the RM. Related facilities such as storage batteries shall require a development permit. k. Gravel extraction for public utilities and municipal uses. ii. Agricultural-Resource District: a. The planting, management and harvesting of field crops and gardens. b. The management of pastures, and the spreading of manure, which are not part of an intensive livestock operation (ILO), and the spreading of manure. c. Uses, structures, and buildings, which are accessory to an approved agricultural use, provided they are not part of an ILO, or used to house humans or animals. 2.6 APPLICATION FOR A DEVELOPMENT PERMIT a) Unless the proposed development or use is exempt from development permit requirements, no person shall commence a development without an approved development permit. Prior to beginning any development, every developer shall complete and submit to the Development Officer a completed development permit application. b) An application for a development permit shall include the permit application form prescribed by the Development Officer and associated the fees as set out in the Fees Bylaw. c) Applications shall include the following information: i. A description of the intended use or proposed development, including any change in building use or land use; ii. Legal land description; iii. The signature(s) of the applicant and registered landowner(s); iv. A copy of the Certificate of Title; v. Estimated commencement and completion dates, including phasing; vi. Floor plans and elevations of the proposed development, approved plans will be kept on record at the municipal office for future reference. With the exception of farm residences, floor plans are not required for agricultural buildings; vii. Written evidence that the Saskatchewan Health Authority, or Water Security Agency, has approved the water supply and method of sewage disposal, or proof that an application for approval has been submitted to the relevant regulatory agent. If approval has not been 5 obtained at the time of application, the approval of such systems may be included as a condition of development permit approval. viii. Technical reports or studies including but not limited to: a. Flood risk assessment b. Geotechnical report c. Hydrogeological reports d. Wildlife or habitat studies ix. An attached site plan, which shall include: a. All adjacent roads, highways, service roads and access to the site (label on site plan); b. Rights-of-way and easements (gas, oil, power, drainage, etc.); c. All drainage courses; d. Existing development on the site; e. Location of proposed development; f. Landscaping details (existing trees, removal of trees, proposed plantings, berms, water features, etc.); g. Setbacks to the property line, road, services, and other buildings on-site; h. Water bodies and the top of the bank; i. Location of existing and proposed services: well or cistern and method of sewage disposal; j. Signs: location and details like artwork, colors, size, lights, etc.; k. Parking and loading facilities; l. Sidewalks, patios, playgrounds; m. North arrow; and n. Any additional information deemed necessary by Council or the Development Officer. x. Any additional information deemed necessary by the Municipality. 2.7 REFERRAL OF APPLICATION a) Upon receipt of any application and prior to finalizing a decision, the Development Officer may refer the 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 any further information deemed necessary to render a decision. 6 b) The Development Officer may refer an application to any internal or external department, government agency, planning, engineering, legal, or other professional for review and comment prior to finalizing a decision. c) The cost and completion of any external review or required study shall be the responsibility of the developer. d) The Development Officer shall maintain a record of all approved development permit applications that involve the installation of water and sanitary services, should provincial officials request such information under the Public Health Act, 1994. 2.8 PROCEDURES FOR ISSUING A DEVELOPMENT PERMIT a) Upon receipt of an application for a development permit, the Development Officer shall determine if the proposal is a permitted, discretionary, or prohibited use. 2.8.1 PERMITTED USE a) The Development Officer shall be authorized to issue a decision on a development permit application for a permitted use. b) Upon receipt of an application for a permitted use, and prior to finalizing a decision, the Development Officer may refer the application for review and comment. c) The Development Officer will issue a development permit, in writing, when the application conforms to the Zoning Bylaw. The permit will include any special regulations, performance standards, or development standards authorized by this Bylaw, and the effective date of the decision. d) The Development Officer will issue a refusal, in writing, when the application does not comply with a provision or regulation of this Bylaw. 2.8.2 DISCRETIONARY USE a) Upon receipt of an application for a discretionary use, and prior to finalizing a decision, the Development Officer may refer the application for review and comment. b) The Development Officer will prepare a report for Council regarding the discretionary use application. The report shall discuss, or examine, the criteria for consideration of the discretionary use. The application and the report will be submitted to Council for a decision. c) At least seven (7) days before Council is to consider the application, the Development Officer shall provide notice to the public for the discretionary use application. The notice must be: i. Sent by mail to the assessed owners of property within 75.0 metres (246 feet) of the boundary of the applicant's land; ii. Posted at the municipal office; iii. Posted on the municipal website, if the RM has a website; and 7 iv. Any other person or entity the Development Officer may deem appropriate. d) Council shall finalize a decision on a discretionary use, by resolution of Council. The decision shall approve, approve with development standards or conditions, or refuse the discretionary use on the site. Council shall then instruct the Development Officer: i. To issue a development permit, in writing, when the application conforms to the Zoning Bylaw. The permit will include any special regulations, performance standards, or development standards authorized by this Bylaw, and the effective date of the decision. ii. To issue a notice of refusal in writing to the applicant stating the reasons for the refusal, referencing the specific discretionary use criteria the application did not meet. 2.8.3 REFUSAL OF DEVELOPMENT PERMIT APPLICATION (PERMITTED OR DISCRETIONARY USE) a) An application for a development permit shall be refused if it does not comply with all the relevant zoning bylaw requirements. b) The reasons for a development permit refusal shall be stated on the written notice of decision. c) The applicant shall be notified of its right to appeal the decision to the local Development Appeals Board in accordance with the requirements of the PDA. 2.8.4 PROHIBITED USE a) If the proposed development is not listed as a permitted or discretionary use in the applicable zoning district, it is considered a prohibited use. 2.9 DEVELOPMENT PERMIT FOR A TEMPORARY USE a) The Development Officer may issue a development permit for a temporary use, with specified conditions, for a specified period of time, to accommodate temporary uses or developments. incidental to approved construction, temporary accommodation, temporary gravel operations or asphalt plants, or other appropriate temporary uses. b) Every temporary use shall be approved for a specified period of time. Unless otherwise stated in this Bylaw, a temporary use shall not exceed twelve (12) months. c) Where a development permit for a temporary use has expired, the permit may be renewed: i. In the case of a permitted use, at the discretion of the Development Officer; ii. In the case of a discretionary use, by resolution of Council for a period of not more than twelve (12) months. A permit for a temporary use may not be renewed more than once in a two (2) year period. d) Upon expiration of the period for which the temporary use was approved, the use shall be discontinued and all temporary structures removed. 8 e) A temporary use must meet the zoning requirements of the applicable zoning district. f) Council may, at its discretion, revoke a temporary development permit should the use violate any of the permit conditions, conflict with adjacent land uses or cause a nuisance. Permanent structures shall not be permitted in association with a temporary use. 2.10 MOVING AND DEMOLITION OF BUILDINGS a) Unless a building is exempt from permit requirements, no building shall be moved into, out of, or within the area covered by this Bylaw without first obtaining a development permit from the Development Officer. b) No building shall be demolished without first obtaining a development permit from the Development Officer. Such permit shall not be issued unless a proposal for the interim or long- term use or redevelopment of the site is also submitted, and the proposed use is in conformity with this Bylaw. A separate development permit is required for any redevelopment of the site. c) Permit applications shall be in accordance with the Municipal Fee Bylaw. d) An applicant for a demolition permit may be required to fill, grade, fence or follow other special permit conditions for public and environmental safety reasons. 2.11 VALIDITY OF A DEVELOPMENT PERMIT a) Unless otherwise stated, a development permit is valid for a period of twelve (12) months. b) A development permit may be cancelled or revoked and an order to stop development may be issued, as the case may be: i. If the proposed development is not commenced within the period for which the permit is valid; ii. If the proposed development is legally suspended, or discontinued, for a period of six (6) or more months, unless otherwise indicated by Council or the Development Officer; iii. If the development is undertaken in contravention of this bylaw, the development permit and/or specified development standards; or iv. When the Development Appeals Board receives a written appeal notice regarding the development permit. 2.12 CANCELLATION OF DEVELOPMENT PERMIT a) Council or the Development Officer may cancel a development permit, and when cancelled, and an order to stop to development may be issued: i. Where the Development Officer or Council is satisfied that a development permit was issued based on false or mistaken information; ii. Where new information is identified pertaining to environmental protection, flood potential, or slope instability; and/or 9 iii. When a developer requests a development permit modification. 2.13 PERMIT REISSUANCE a) A development permit may be re-issued in its original, or modified, form where a new development permit application conforms to the provisions of this Bylaw. 2.14 BUILDING PERMITS, LICENSES, AND COMPLIANCE WITH OTHER BYLAWS a) Nothing in this Bylaw shall exempt any person from complying with the Municipal Building Bylaw or any other municipal bylaw. b) In addition to the requirements of this Bylaw, an applicant must comply with all federal and provincial legislation and regulations. c) A building permit, where required, shall not be issued for a development unless a required development permit has been issued, or is issued concurrently. A building permit issued before a development permit has been issued is not valid until the required development permit has been issued and has taken effect. 2.15 DEVELOPMENT APPEALS BOARD a) Council shall appoint a Development Appeals Board (the Board), or join a District Development Appeals Board, in accordance with Sections 49 and 214 to 218 of the PDA. b) The composition of the Board, the secretary, remuneration and expenses, powers, duties and responsibilities shall be as per Council's policy or bylaw, which shall be adopted by resolution. c) The following decisions may be appealed to the Board: 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, by the Development Officer, to issue a development permit because the proposal contravenes the Zoning Bylaw; iii. The development standards or conditions attached to Council's approval of a discretionary use; or iv. An order to repair or correct contraventions under a nuisance bylaw adopted under The Municipalities Act (Sections 364 and 365) or a zoning bylaw adopted under the PDA (Section 242). d) The following decision may not be appealed to the Board: i. The refusal of a discretionary use application; ii. The refusal of a zoning bylaw amendment including rezoning; or iii. A decision concerning a subdivision application. 10 e) Anyone applying for an appeal must send written notice of appeal to the Secretary of the Board within: i. Thirty (30) days of a Development Officer's decision being issued; ii. Thirty (30) days of the failure of a Council to finalize a decision; iii. Thirty (30) days of receiving a permit with terms and conditions; or iv. Fifteen (15) days if appealed under The Municipalities Act, or thirty (30) days under PDA, of an order being served to repair or correct contraventions. f) In making an appeal to the Board, and hearing such appeal, the provisions of the PDA shall apply. 2.16 MINOR VARIANCES a) The Development Officer may vary the requirements of this Bylaw, subject to the following: i. A minor variance may be granted for the following only: a. The minimum required distance of a building from a lot line; and b. The Minimum required distance of a building from any other building on the lot. ii. The maximum amount of a minor variance shall be 10% from the requirements of this Bylaw. iii. The development must otherwise comply with this Bylaw. iv. The relaxation of the Bylaw requirements shall not injuriously affect a neighbouring property. v. A minor variance shall not be granted for a discretionary use or form of development, or in connection with a contract zone agreement entered into pursuant to Section 69 of the PDA. vi. A minor variance shall only be granted for a residential use. b) An application form for a minor variance shall be in a form prescribed by the Development Officer and shall be accompanied by the prescribed application fee. c) Upon receipt of a minor variance application, the Development Officer may: i. Approve the minor variance; ii. Approve the minor variance with terms and conditions on the approval; or iii. Refuse the minor variance. d) Terms and conditions imposed by the Development Officer shall be consistent with the general intent of this bylaw. e) Where a minor variance is refused, the Development Officer shall notify the applicant in writing and provide reasons for the refusal. 11 f) Where a minor variance is approved, with or without terms, the Development Officer shall provide written notice to the applicant and to the assessed owners of the property having a common boundary with the applicant's land that is the subject of the approval. g) The written notice shall contain: i. A summary of the application; ii. Reasons for, and an effective date, of the decision; iii. Notice that an adjoining assessed owner has twenty (20) days to lodge a written objection with the Development Officer, which, if received, will result in the approval of the minor variance being revoked; and iv. Where there is an objection and the approval is revoked, the applicant shall be notified of their right to appeal to the Development Appeals Board. h) Written notice of the decision shall be delivered by registered mail or personal service, and by any other method deemed appropriate by the RM. i) A decision to approve a minor variance, with or without terms and conditions, does not take effect: i. Until twenty-three (23) days from the date the notice was mailed, in the case of notice sent by registered mail. ii. Until twenty (20) days from the date the notice was served, in the case of notice delivered by personal service. j) If an assessed owner of property adjoining the applicant's land, objects to the minor variance, in writing, to the Development Officer within the time periods prescribed in 2.16 (i), the approval is deemed to be revoked and the Development Officer shall notify the applicant in writing: i. Of the revocation of the approval; and ii. Of the applicant's right to appeal the revocation to the Development Appeals Board within thirty (30) days of receiving the notice. k) If an application for a minor variance is refused or approved with terms or conditions, the applicant may appeal the refusal or the terms and conditions to the Development Appeals Board within thirty (30) days of the date of that decision. l) The Municipality will maintain a record of all decisions regarding minor variance applications. 2.17 AMENDING THE PLANNING BYLAWS a) Any person who seeks to amend this zoning bylaw must apply to the Development Officer for an amendment. The Development Officer shall review the application for conformity with the Official Community Plan. The Development Officer will then refer the application to Council for consideration. b) The application for a zoning amendment is subject to fees as set out in the Municipal Fees Bylaw. 12 c) Prior to Council's review, or at the direction of Council, the Development Officer may refer the amendment application to any internal or external departments or organizations for review or comment (i.e. federal or provincial government, qualified professional, interested stakeholder groups, etc.). d) The process for public notification and public participation during the bylaw adoption process shall be as per Part X of the PDA. e) Premature rezoning of land for development shall not be common practice. f) Council shall consider amendments to the planning bylaw(s) to accommodate development proposals, only when specific development applications, subdivision applications, servicing agreements, and other required information, have been presented to and reviewed by Council. 2.18 AGREEMENTS a) Council may require the proponent of a subdivision or development permit application to enter into a servicing agreement or development levy agreement, respectively. The agreement should ensure conformity with the Official Community Plan and this Bylaw and ensure adequate financing for on-site and off-site infrastructure as per the PDA. b) By entering into a servicing or development levy agreement, Council will ensure there is adequate municipal infrastructure and public facilities to support a proposed development. The agreement may address sewage disposal, garbage disposal, availability and adequacy of water, recreational facilities, etc. c) Council may require the applicant to post and maintain a performance bond, irrevocable letter of credit or similar legal mechanism to ensure performance and to protect municipal and public interests. d) Council may require the applicant to provide and maintain liability insurance to protect the applicant, the Municipality and the public. 2.19 FEES AND ADVERTISING a) Where an application is made to Council for an amendment to this Bylaw, the Official Community Plan, or for a development permit or minor variance, the applicant making the request shall bear the actual cost of advertising, as permitted by the PDA. In addition, the applicant shall pay all costs incurred as a result of a professional review of the application and in carrying out a public hearing. b) Pursuant to Section 51 of the PDA, the Municipality has adopted a Municipal Fee Bylaw to establish a schedule of fees to be charged for planning and development. 2.20 CONCEPT PLANS a) A concept plan may be required as part of an application for a phased development, multi-parcel subdivision, a development that involves multiple principal buildings, or an amendment to the 13 planning bylaws. The purpose of the concept plan is to identify and address potential social, environmental, health and economic issues, and to encourage the development of high quality residential, recreational, commercial, and industrial developments. The scope and required detail of the plan will be based on the scale and location of the proposed development, and address such areas as the following: i. Proposed land use(s) for various parts of the site. ii. The effect on adjacent land uses and integration of the natural landscape regarding the planning and design of the area. iii. The location of, and access to, major transportation routes and utility corridors. iv. The provision of services respecting the planning for future infrastructure within the municipality (water, sewer, power, gas, etc.). v. Sustainable development and environmental management practices regarding surface and groundwater resources, storm water management, flooding and protection of significant natural areas such as drainage plans. vi. Appropriate information specific to the particular land use (residential, commercial or industrial). b) The concept plan must comply with the overall goals and objectives of the Official Community Plan and be consistent with the Data Base Report for Development on Crystal Lake (2017) and Data Base Report for Development Plan (1983).. c) Council shall not consider any development application until all required information has been received. The responsibility for undertaking all technical investigations and hosting public meetings as required shall be borne solely by the applicant. 2.21 OFFENCES AND PENALTIES a) A Development Officer may, at all reasonable times, and with the consent of the owner, operator, or occupant, enter any land, building, or premises for the purposes of inspection if the Development Officer has reasonable grounds to believe that any development or form of development on or in the land, building or premises contravenes any provision of the PDA or any bylaw or any order made pursuant to the PDA. b) Pursuant to Section 242 of the PDA, 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 Bylaw or the Official Community Plan. c) 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 PDA. d) The Development Officer may, at all reasonable times, and with the consent of the owner, operator, or occupant, enter any land, building, or premises for the purposes of inspection of the development officer has reasonable grounds to believe that provisions of this Bylaw are not being complied with, and for the purpose of carrying out their duties under this Bylaw. 14 3 GENERAL REGULATIONS The following regulations shall apply to all zoning districts in the RM. 3.1 HAZARD LANDS 3.1.1 POTENTIAL HAZARD LANDS a) Hazard land includes areas known, or with the potential, to be prone to: i. flooding; ii. poor drainage; iii. slope instability iv. erosion; or v. land with similar constraints. 3.1.2 PROFESSIONAL ASSESSMENTS a) Where a development is proposed in an area identified on the Opportunities and Constraints Map or the Zoning Map as being environmentally sensitive, or adjacent to a water body or water course, or where local knowledge identifies the potential for hazard, Council will require the applicant to submit sufficient supporting information to determine if the development is appropriate for the site. Such proposals, and the supporting information, may be referred to federal or provincial departments, or other relevant environmental or professional agencies, for comment prior to finalizing a decision. b) Supporting information shall be in the form of a report or an assessment, the cost of which shall be borne by the developer. The report shall be prepared by a qualified professional, and should assess the suitability of the site for the proposed development. The report should address: i. The potential for flooding and the locations of the floodway and flood fringe of the 1:500 flood elevation; ii. The potential for slope instability before and after the development and any proposed improvements (geotechnical report); iii. The suitability of the location for the proposed use or building, given the site constraints; iv. Any other potential environmental hazards; and v. Actions to avoid, prevent, mitigate or remedy hazards, which will be incorporated as a condition of a development permit. c) A development permit will be refused if the developer's proposed mitigation measures are inadequate to address the adverse conditions or will result in excessive municipal costs. 15 3.1.3 FLOOD HAZARD a) Development of new buildings, and additions to buildings, will be prohibited in the flood way of the 1:500-year flood elevation of any watercourse or water body. b) Flood proofing of new buildings and additions to buildings to an elevation of 0.5 metres (1.64 feet) above the 1:500 flood elevation of any watercourses or water bodies will be required in the flood fringe. c) For the purpose of this Bylaw, appropriate flood proofing measures shall mean: i. That all buildings shall be designed to prevent structural damage by flood waters; ii. The first-floor joist of all buildings shall be constructed above the designated safe building elevation as determined by a qualified professional; and iii. All electrical and mechanical equipment within a building shall be located above the designated safe building elevation. 3.1.4 SLOPE INSTABILITY a) For the purpose of this Bylaw, the area considered to present potential slope hazard includes, but is not limited to, hills, cliffs, and the slopes of watercourses, creeks, and gullies extending from the edge of the flood plain in the valley, to the ridge at the top of the slope, plus a setback of 50 metres (164 feet). b) New development shall not be permitted on any readily eroded or unstable slope area if the proposed development will be affected by, or increase, the potential hazard presented by erosion or slope instability. c) If a developer fails or refuses to provide the required geotechnical report or site assessment, or having been provided, Council determines that excessive remedial measures are necessary to safely and effectively accommodate the proposed development, Council may refuse the application. 3.2 GROUNDWATER PROTECTION a) No development or use of land shall be permitted where the proposal will adversely affect domestic and municipal water supplies. b) If, in the opinion of Council, the groundwater would be adversely affected, a professional report shall be prepared at the cost of the developer. The report shall determine whether the proposed development would adversely affect the groundwater resource, the stability of the land, and include conditions under which appropriate development may be approved. Council shall make a recommendation for development based on the recommendations including municipal servicing and costs. 16 3.3 HERITAGE SENSITIVE LAND a) Where development is proposed in proximity to a designated heritage property or in an area identified as having heritage sensitivity potential, the Development Officer may require the applicant to provide additional information as required by The Heritage Property Act. i. The Opportunities and Constraints Map, local sources, and the Heritage Conservation Branch shall be used as the basis for determining heritage sensitivity. b) The Heritage Conservation Branch administers two tools to assist developers and landowners in assessing the need for heritage analysis: i. The RM will refer developers to the "Developers' Online Screening Tool" for heritage sensitivity to ensure development will not negatively impact heritage resources. ii. Small-scale development, or improvement activities, may qualify for an exemption from further analysis for heritage resource impacts. The "Exempt Activities Checklist for Private Landowners" may be used to evaluate the need for further study for small-scale development activities. c) A developer shall demonstrate approval from the Heritage Conservation Branch prior to the RM issuing a development permit. 3.4 CRITICAL WILDLIFE HABITAT MANAGEMENT a) Where development is proposed in an area containing critical wildlife habitat, the Development Officer shall require the applicant to provide additional information as required by The Wildlife Habitat Protection Act (WHPA) and any other relevant provincial regulations. b) Council may prohibit development and recommend subdivision refusal where it has been demonstrated that the proposal may adversely affect wildlife conservation. c) Council may specify development and subdivision requirements, regarding wildlife habitat management, based on reports from qualified consultants or officials from the provincial government. d) All development and subdivision proposals on private and Crown Land which are within a Wildlife Management Area shall conform to: i. The Wild Life Habitat Protection Act (WHPA) requirements; ii. Any requirement of the Ministry of Environment or other applicable federal or provincial agency; iii. Council-specified wildlife management, conservation, and rehabilitation development standards to maximize long-term wildlife protection. 17 3.5 SHELTERBELTS a) Landscape buffers are intended to improve land use compatibility and environmental quality by reducing noise, glare and other nuisances, or for facilitating natural drainage. b) Council may require a shelterbelt or a vegetative landscape buffer to surround a residential use in order to reduce land use conflicts and to satisfy the need for a windbreak. 3.6 NUMBER OF PRINCIPAL BUILDINGS PER SITE a) Not more than one principal building or use shall be permitted on any one site except for: i. Public utilities ii. Municipal uses iii. Institutional uses iv. Agricultural use v. Petroleum and mineral resource development vi. Recreational uses 3.7 USES PERMITTED IN ALL ZONING DISTRICTS 3.7.1 GENERAL a) Nothing in this Bylaw shall prevent the use of any land as a public street or public park. b) Nothing in this Bylaw shall prevent the erection of any properly authorized traffic sign or signal, or any sign or notice of any local or other government department or authority. 3.7.2 PUBLIC UTILITIES AND MUNICIPAL FACILITIES a) Unless otherwise stated in this Bylaw, public utilities and municipal facilities, except solid and liquid waste disposal sites, shall be allowed in all zoning districts. b) Minimum site area and frontage requirements shall not apply to public utilities, provided the relaxation will not injuriously affect neighbouring properties. Minimum yard setbacks shall apply. c) Where a distribution line crosses a municipal road Council may apply special design standards as considered necessary to maintain the integrity of the roadway and the safety of the public. 18 3.8 ACCESSORY USES, STRUCTURES, AND BUILDINGS 3.8.1 ALL ZONING DISTRICTS a) An accessory use or accessory building shall be defined as any building, structure, or use, which is subordinate to and located on the same lot as the principal building or principal use. b) Where a building on a site is attached to a principal building by a solid roof or by structural rafters, the building is deemed to be part of the principal building. c) Unless otherwise specified in this Bylaw, accessory buildings and structures shall be subject to the same yard requirements as the principal use. d) No door or entranceway of any accessory building shall be located closer than 1.5 metres (5 feet) from the property line. No door shall, when open, extend beyond the property boundary of the lot. e) Subject to building code regulations, detached accessory buildings shall be located at least 1.0 metre (3.3 feet) from a principal building. 3.9 WATER SUPPLY AND WASTEWATER DISPOSAL a) All water supply and wastewater disposal systems must meet the requirements of the Municipality, the Saskatchewan Health Authority and/or the Water Security Agency. b) Where a proposed development is a heavy user of water, or where a groundwater supply is questionable, Council may require an applicant to provide written proof from a qualified professional, or a well driller, that a proven potable water supply of sufficient quality and quantity is available to service the proposed development or subdivision. c) If clauses 3.9 (a) and 3.9 (b) are not met, or if the proposed development or subdivision may jeopardize ground or surface water supplies, Council may refuse a development permit or recommend refusal of a proposed subdivision. 3.10 RESTORATION TO A SAFE CONDITION a) Nothing in this Bylaw shall prevent the structural improvement or restoration to a safe condition of any building or structure, provided the structural improvement or restoration shall not increase the height, area, volume or intensity of the development so as to contravene the provisions of this bylaw. b) Unless exempt by this Bylaw, development permit requirements shall apply. 3.11 GRADING AND LEVELLING OF SITES a) Every development shall be suitably graded and levelled, at the owner's expense, to provide for adequate surface drainage that does not adversely affect adjacent property, or the stability of the land. 19 b) Adequate surface water drainage is required throughout the municipality, and on new development sites, to avoid flooding, erosion, and pollution. Consideration shall be given to the upstream and downstream impacts of development on ecology, habitat, drainage, and heritage resources. c) Unauthorized drainage of surface water runoff shall be prohibited. Water courses shall not be filled or altered without the prior approval of the Municipality, the Water Security Agency or the Ministry of the Environment, and the Heritage Conservation Branch. d) New developments and subdivisions, which are adjacent to a water course or water body shall be developed to minimize erosion, provide suitable drainage and to maintain water quality. 3.12 PROHIBITED AND NOXIOUS USES a) Notwithstanding any use contained within a building, or impacts normally associated with an agricultural operation which is located in the Agricultural Resource District, no land shall be used for any purpose that is noxious and, without limiting the generality of this subsection, for any purpose that creates or is likely to become a nuisance or offence: i. By the creation of noise or vibration; ii. By the emission of light and glare; iii. By reason of the emission of gas, fumes, smoke, dust or objectionable odour; or iv. By reason of the unsightly storage of goods, salvage, wastes, motor vehicles, machinery or other similar material. 3.13 NON-CONFORMING BUILDINGS, USES, AND SITES a) Any use of land or any building or structure lawfully existing at the time of passing this Bylaw that is rendered non-conforming by the enactment of this Bylaw or any subsequent amendments, may be continued, transferred, or sold in accordance with provisions of Sections 88 to 93 inclusive, of the PDA. b) An existing non-conforming use may be continued if the use conformed to the Bylaw that was in effect at the time of the development and has not been discontinued for twelve (12) consecutive months, or longer. c) Non-conforming buildings or sites may continue to be used, maintained, and repaired in their present form. d) No enlargement, additions, or reconstruction of a non-conforming use, building, or structure shall be undertaken, except in accordance with these provisions. e) No existing use, building, or structure shall be deemed to be non-conforming by reason only of the conversion of this Bylaw form the imperial system of measurement to the metric system of measurement. 20 3.14 ACCESS AND APPROACHES a) A development permit shall not be issued for a development unless the site has frontage on a graded, registered road, or unless a satisfactory development levy or servicing agreement has been made with Council for the improvement or construction of a road. b) New approaches require a development permit from the Development Officer. Fees for the review and issuance of a development permit for a new approach, shall be as per the Municipal Fees Bylaw. c) All approaches shall be constructed in accordance with the design and engineering standards of the Municipality. The Development Officer shall decide upon all approach applications and may approve or refuse an application for an approach based on: location, traffic flow, drainage, sight lines, road standards and safety considerations. d) To provide for the safety of the travelling public, the number of approaches from a highway or municipal road should be limited. Parcels within a subdivision may be required to have access from an internal subdivision road or service road. 21 3.15 SIGHT TRIANGLE a) In all zoning districts, no building, structure, earth pile, vegetation, etc. shall obstruct the vision of drivers within a sight line triangle. b) The sight triangle area shall be measured by connecting straight lines, which are measured from the intersection of centrelines of the roadways to points established along these centrelines, as follows: i. Provincial highways - 230 metres (754.6 feet) ii. Municipal grid roads or railways - 90 metres (295.3 feet) iii. Lakeshore Development District - 5 metres (16.4 feet) Figure 3-1 3.16 SETBACKS a) No person shall plant trees or shrubs, or place stone, earth or gravel piles, sumps, pits, portable structures, machinery or other objects/structures, or buildings on private property within any sight triangle which abuts a municipal road or provincial highway. b) Where a proposed development or subdivision is in proximity to a provincial highway, the application shall be referred to the Ministry of Highways and Infrastructure for review and comment. Setbacks from a provincial highway shall be as per the requirements of the Ministry of Highways and Infrastructure. c) No residence shall be located with less than the minimum separation distance to an operation, other than the residence of the owner/operator. Unless otherwise stated, separation distances shall be measured from the operation to the residence: i. 305 metres (1000.66 feet) from a honey processing facility. 22 ii. 305 metres (1000.66 feet) to a non-refrigerated anhydrous ammonia facility licensed by Province of Saskatchewan. iii. 600 metres (1968.50 feet) to a refrigerated anhydrous ammonia facility licensed by the Province of Saskatchewan. iv. No dwelling or other building shall be located within the approach surface for any functional airport or airstrip. 3.17 SIGNS AND BILLBOARDS 3.17.1 TEMPORARY SIGNS a) Temporary signs and real estate signs are permitted only as long as the temporary condition exists for the property. 3.17.2 SIGNS IN A HIGHWAY CORRIDOR a) Signs located in a highway sign corridor shall be regulated by The Provincial Highway Sign Control Regulations, or amendments thereto, subsection 3.17.3 shall not apply. 3.17.3 SIGNS OUTSIDE A HIGHWAY CORRIDOR a) A maximum of two (2) advertising signs are permitted on any site, or quarter section. The facial area of each sign shall be no larger than 3.5 square metres (37.67 square feet) and no sign shall be higher than 6.0 metres (19.69 feet) in height. b) Government signs, memorial signs and directional signs that bear no advertising, including traffic control, no trespassing, hunting restriction and similar signs are exempt from restriction. c) All private signs shall be located so that the safety of the public is not jeopardized, in Council's opinion, by the size, lighting, or location of the sign. d) Signs with any neon or LED lighting shall be located to prevent the creation of a hazardous situation related to vehicular traffic and shall be designed to cast light downwards. e) Signs are subject to the setback requirements for accessory uses. 3.18 REMNANT SOURCE PARCEL a) In all zoning districts, minimum site size requirements shall be as stated, except that the site size of the remnant shall be deemed to be conforming in any of the following instances: i. Where roads, railways, pipelines and other linear public or private utilities, including their widening, are subdivided or registered as easements; ii. Where adjustments are required due to irregularities in the primary survey system; or iii. Due to topographical features. 23 3.19 PROJECTIONS AND ENCROACHMENTS a) Windowsills, eaves, gutters, bay windows, cornices, chimneys and similar non-structural alterations may project a distance of 0.45 metres (1.5 feet) into any required yard. However, encroachments shall not be permitted within 1 metre (3.3 feet) of the lot line. b) Wheelchair ramps may project the distance required to reach grade level. c) Handrails are permitted on uncovered driveways, walkways, and decks in all yards. d) Open cantilevered balconies, open porches, decks, or open stairs may encroach into any yard, provided there is a minimum setback of 0.45 metres (1.5 feet) from the property line. In addition, in the Lakeshore Development District, any structure within 6 metres (20 feet) of the bank requires municipal approval. e) Encroachments that could potentially jeopardize sight lines or the safety of the public are prohibited. f) Any building, or portion thereof, within 2.4 metres (8 feet) of a property line must comply with the regulations in Section 9.10.15 of the 2015 National Building Code, and applicable sections and amendments. This includes 45-minute fire resistant wall assemblies and no unprotected glazed windows and soffit upgrades. 3.20 DEVELOPMENT IN PROXIMITY TO RAILWAYS a) Where any public street crosses a railway at the same grade, no building or structure shall be erected within 46.0 metres (150.92 feet) of the point of intersection of the centrelines of the railway and the street. b) New developments shall consider the Guidelines for New Development in Proximity to Railway Operations document. Council shall require the guidelines contained within the document to be applied to new developments. c) Consultation with the rail line company may be required for any new or expanding development proposed within 100 metres of a rail line or railway operation. Consultation shall address or determine: i. The location of the site in relation to the rail corridor; ii. The nature of the proposed development; iii. The frequency, types, and speeds of trains travelling within the corridor; iv. The potential for expansion of train traffic within the corridor; v. Any concerns the rail line company may have with the new development or with specific uses proposed for the new development; vi. The ability to implement standard mitigation measures on the site; vii. Any suggestions for alternate mitigation measures that may be appropriate for the site; viii. Proposed storm water management and drainage; and 24 ix. The requirements to be applied to the project. d) Any safety measures, nuisance mitigation measures, or other requirements of the rail company shall be a condition of development permit approval. The developer shall be responsible for any costs associated with such requirements. e) As a condition of development permit approval, Council may require any additional safety measures or nuisance mitigation measures deemed necessary to protect public and environmental safety and to prevent land use conflicts. f) Safety measures and nuisance mitigation measures may include, but shall not be limited to: separation distances, berms, soundproof and privacy fencing, and landscaping. 3.21 DEVELOPMENT ALONG PIPELINES AND GAS TRANSMISSION LINES a) Any development involving pipeline and/or power line transmission rights-of-way shall comply with all relevant federal and provincial legislation. Setbacks from pipelines and other utility corridors shall be in accordance with the appropriate provincial Acts and regulations or directives established by crown corporations. The Land Use Planning for Pipelines publication by the Canadian Standards Association (CSA) PLUS663 will be used as a guide for the development of new pipelines and for proposed development in proximity to existing pipelines. b) The National Energy Board has designated a setback area of 30.0 metres (98.43 feet) on either side of a pipeline in which, subject to exceptions for such things as normal agricultural activities, anyone proposing to conduct a ground disturbance/excavation must: i. Ascertain whether a pipeline exists; ii. Notify the pipeline company of the nature and schedule of the excavation; and iii. Conduct the excavation in accordance with such regulations. 25 4 CRITERIA AND STANDARDS FOR SPECIFIC USES 4.1 GENERAL CRITERIA FOR DISCRETIONARY USES a) The following criteria shall be considered in the review of all discretionary use applications: i. The proposal must comply with all relevant sections of the Official Community Plan and this Bylaw. ii. There must be a demand, or need, for the proposed use in the general area, and a supply of land available and capable of supporting the proposed use. iii. It must be possible to provide cost-effective infrastructure services to the proposed development, including but not limited to roads, water, sewer, and other necessary utilities and community facilities. iv. The proposal shall not be detrimental to the health, safety, convenience, or general welfare of persons residing or working in the vicinity nor shall it be injurious to property, improvements, or potential future development in the vicinity. v. The proposal shall be carried out with a high regard for environmental protection and public safety. vi. Vehicle access points shall be provided in suitable locations, so as to minimize traffic congestion and possible hazards. vii. The density, size, height, and location of principal or accessory structures shall not detract from the character and amenity of the neighbourhood. viii. Council may attach special standards and conditions to the development permit to regulate sound, light, glare, heat, dust, electrical interference, traffic, emissions, or other nuisance factors, if in Council's opinion, it would detract from the amenity of the neighbourhood. 4.2 SALVAGE YARDS AND VEHICLE STORAGE a) This subsection applies to salvage yards, auto wreckers, auto repair shops, body shops, and similar uses, as well as all salvage vehicles, vehicle parts, materials and equipment. i. No vehicles or parts thereof shall be located in the front yard of any site, unless a visual sight barrier, approved by Council, is erected to suitably screen storage of vehicles. ii. All salvage yards shall be completely screened from the view of the travelling public, provincial highways, any public road, and adjacent residential development by utilizing any of the following measures: a. Distance and careful location b. Natural or planted vegetation c. An earth berm d. Opaque fencing 26 e. A building f. Other appropriate methods as approved by Council 4.3 HOME-BASED BUSINESSES a) Home-based businesses shall only be permitted in single detached, semi-detached, duplex, and mobile homes, or associated accessory buildings. b) The home-based business shall be secondary to the residential or agricultural principal use of the site. c) Equipment or processes used in the business shall not create dust, noise, vibration, glare, fumes, odour, or pollution that is detectable at or beyond the property lines of the lot on which the home- based business is located. d) The home-based business shall not cause a significant increase in off-site parking or traffic. e) Home-based businesses shall not create any conflict with surrounding residential uses, nor shall they endanger public safety. f) Except as specified in the required development permit, no variation in the residential or farm character and appearance of the principal dwelling, accessory buildings, or land shall be permitted. g) Onsite signs shall be permitted according to subsection 3.17 of this Bylaw. h) All development permits issued for home-based businesses shall be subject to the condition that the permit may be revoked at any time if, in the opinion of the Council, the conditions under which the permit was originally issued are no longer met. i) Any increase in the operation as originally approved shall require a new permit approval. j) Except in the Agricultural Resource District, no heavy construction, industrial equipment or supplies shall be stored outdoors on any site for a home-based business. k) The total floor area for all home-based businesses shall not exceed 20% of the gross floor area of the dwelling unit and accessory structure. 4.4 BED-AND-BREAKFAST HOMES AND VACATION FARMS a) Vacation farms shall be accessory to an agricultural operation and located on the same site as a farmstead. Vacation farms may include cabins and overnight camping areas. b) Bed-and-breakfast operations shall be accessory to a farm or non-farm residential use. Bed-and- breakfast operations shall be located in a single detached dwelling, used as the operator's principal residence; or located in a dwelling accessory to and established on the same site as the host principal residence. 27 c) If required, vacation farms and bed-and-breakfast operations, shall be licensed by the Saskatchewan Health Authority. d) As a condition of permit approval, Council may apply special standards to limit the number of rooms, cabins, or camping spaces that may be permitted in conjunction with the operation. 4.5 WORK CAMPS a) Work camps, which are accessory to a petroleum or mineral resource development, and located on the same site as the development, shall be considered part of the industrial resource development and should be included in the development permit application for that use. b) Work camps ancillary to, but not located on the same site, as a petroleum or mineral resource development requires a development permit separate from the resource operation. c) Council may limit the time period for which a work camp not located on the same site as a petroleum or mineral resource operation is in operation. The length of time for which the camp is in operation shall be at Council's discretion and shall be included on the development permit. Upon expiration, the developer may apply to the Development Officer for a permit renewal. d) This Bylaw shall not limit the number of times the permit for a work camp may be renewed, provided: i. The resource development continues to be active; ii. There is no conflict with neighbouring land uses; and iii. All permit requirements are satisfied. e) Work camps shall have utilities (water supply, wastewater disposal, solid waste disposal, etc.) that meet provincial standards and support the number of occupants proposed to use the camp. f) Work camps shall provide for onsite parking of vehicles. Parking of vehicles will not be allowed on provincial highways, municipal roads or on approaches to public or private land. g) After the work camp is no longer needed, the site shall be reclaimed, all structures shall be removed and the site cleared of waste. A land reclamation plan shall be required as part of the development permit application. 4.6 MOBILE, MODULAR, AND RTM HOMES a) With the exception of temporary residences/accommodation, prior to occupancy, such dwelling unit shall be securely attached to a permanent engineered foundation. b) Every mobile, modular, and RTM home shall bear the applicable CSA certification. c) The undercarriage of all mobile and modular homes shall be completely screened from view by the foundation, skirting or other means that is of a manufactured, or similar type, in order to harmonize visually with the unit. This foundation or skirting shall permit the circulation of air beneath the unit. 28 d) The total area of all subsequent additions to the dwelling unit shall not exceed 50% of the area of the original mobile/modular home. e) The dwelling unit shall be connected to all required utilities and services. 4.7 GARDEN SUITES a) Only one garden suite is allowed per lot. b) Garden suites shall not be placed in any front or side yard. c) There shall be no secondary suite in the primary residence. d) The garden suite dwelling unit shall be a temporary use and shall be permitted for a five-year term, which may be renewed at Council's discretion. The garden suite shall not be located on a permanent foundation in order to allow the structure to be removed from the property. e) There shall be suitable services on-site, including water supply, wastewater disposal and utilities. Garden suites may be connected to the services of the host residence. f) Garden suites must contain cooking, eating, living, sleeping, and sanitary facilities. g) The combined site coverage of the principal dwelling and garden suite dwelling shall not exceed the maximum site coverage permitted by the zoning district. The accessory dwelling shall be placed so that all setback requirements of the zoning district are met. 4.8 SECONDARY SUITES a) Secondary suites may be constructed within a principal, single detached dwelling, or over a residential garage on a residential site. Only one secondary suite is permitted on each residential site. b) Secondary suites must have a separate entrance from the principal dwelling, either from a common indoor landing or directly from the exterior of the building. c) Secondary suites must contain cooking, eating, living, sleeping, and sanitary facilities. d) Secondary suites may not exceed 60.0 square metres (645.83 square feet) or 35% of the total floor space, including basements, and may not have more than two bedrooms. 4.9 DAYCARE CENTRES AND PRE-SCHOOLS a) Daycare centres may be approved as a principal use or as accessory to a residential principal use. Preschools shall only be approved as a principal use. b) In the Country Residential and Lakeshore Development Districts, no exterior alterations shall be undertaken to a dwelling, or former dwelling, which would be inconsistent with the residential character of the building or property. 29 c) Daycare centres and pre-schools shall comply with all provincial requirements and regulations. d) Private in-home daycares shall be restricted to a maximum of six children, subject to provincial legislation and requirements. e) Preschools and daycare centres for children, which are located in a residential district, shall provide a fenced, on-site, outdoor play area. 4.10 RESIDENTIAL CARE HOMES a) Residential care homes shall be clearly incidental and secondary to a principal residential use. b) No building or structure used for the purpose of a residential care home shall be used for the purpose of keeping boarders or lodgers. c) The use shall be conducted entirely within the dwelling unit and there shall not be any exterior evidence of a secondary use, with the exception of signs subject to subsection 3.17 of this Bylaw. d) Parking for the residential care home shall be provided on site. 4.11 AUTOMOTIVE SERVICE AND GAS STATIONS a) Gas pumps shall be set back 6.0 metres (20 feet) from any site line. b) Underground storage tanks shall be located in accordance with The Fire Safety Act. c) Propane and natural gas pumps (retail or wholesale) shall be set back according to provincial regulations. d) Access/egress points shall not be continuous along a street and shall be at least 10.0 metres (33 feet) apart. Access to the site shall be located so as to not impact traffic flow. e) The storage of vehicles and vehicle parts shall not be located in any yard abutting a road and must be screened from view by a solid fence. 4.12 AGRICULTURAL TOURISM a) Agricultural tourism uses shall be accessory to an agricultural farm operation. b) Agricultural tourist developments shall display a high visual quality and shall be integrated into the rural environment by virtue of appropriate design, location and landscaping. Agricultural tourism uses may only be approved where they would not: i. Unduly interfere with the amenities or change the character of the neighbourhood; ii. Significantly interfere with, or affect the use and enjoyment of, adjacent properties; iii. Adversely impact the environment; or iv. Result in an excessive demand on municipal services, utilities or public roadway access. c) Agricultural tourism uses shall comply with all provincial environmental and health regulations. 30 4.13 CAMPGROUNDS a) The operator of a campground shall provide the Development Officer with a site plan of the campground. The site plan shall identify all buildings, land uses, and the locations and dimensions of all roadways and trailer coach or tent campsites. The addition, or rearrangement of campsites, the construction or moving of buildings, the change in the location of land uses, or the filling or clearing of land, shall require a development permit, and the operator shall submit for approval an amended plan incorporating the proposed changes. b) A campground shall have a buffer area of not less than 4.5 metres (14.76 feet) in width abutting the parcel boundaries. The buffer may be landscaped but shall contain no buildings. c) The operator of a campground shall designate, and clearly stake or mark, a campsite for each trailer coach or tent party. The minimum site area for each campsite shall be 30 square metres (323 sq. ft.). d) No portion of any campsite shall be located within a roadway or required buffer area. e) Each campsite shall have direct access to an internal roadway. f) Each trailer coach shall be located at least 3.0 metres (9.84 feet) from any other trailer coach. Each campsite shall have dimensions sufficient to allow such location of trailer coaches. g) Roadways within a campground shall be at least 7.5 metres (24.6 feet) in width. Campsites or structures shall not encroach on any roadways internal to the campground. h) A campground may include, as accessory uses, a laundromat, washroom and shower facilities, swimming pools, recreational uses, a confectionary, and other similar uses, designed to meet the needs of the occupants of the campsites. One single detached dwelling for the accommodation of the operator may also be permitted as an accessory use. i) All campground operations must meet the requirements of The Public Health Act. j) The campground must provide an onsite sewage disposal system, which may consist of one communal septic tank with a dumping facility suitable for trailer coaches, or any other system, which has been approved by the Municipality and the Saskatchewan Health Authority or Water Security Agency. k) The campground shall provide an onsite source of potable water with sufficient quantity to supply the campground when occupied at full capacity. 4.14 BOARDING KENNELS a) The maximum number of animals, not attributed to the host site, to be kenneled, shall be at the discretion of Council and shall be based on: i. The site area; ii. Servicing capacity; 31 iii. The separation distance from adjacent properties; and iv. The ability to minimize potential nuisance to adjacent properties. b) No building, facility or exterior exercise area(s) shall be allowed within 300.0 metres (984 feet) of any dwelling not associated with the operation. c) All facilities, including buildings and exterior exercise areas, shall be sited behind the principal building, unless otherwise approved by Council. d) Pens, rooms, exercise runs and holding stalls shall be soundproofed to the satisfaction of Council. e) A waste management plan to address the disposal of animal wastes/sewage shall be included in the development permit application. f) Boarding kennels shall at no time unduly interfere with the character of the neighbourhood or the general enjoyment of adjoining sites. g) Animal kennels shall be subject to relevant bylaws and legislation governing noise and public health. h) Kennels will be subject to any additional conditions for approval deemed necessary based upon a specific application. 4.15 SWIMMING POOLS a) All swimming pools and related appurtenances shall be setback a minimum of 1.5 metres (5 feet) from the rear and side site lines and the principal building. b) For the protection of the general public, a yard containing a swimming pool shall be completely enclosed by a fence. Any openings in the fence shall have a gate with an automatic or manual locking device affixed in such a manner so as to prevent the entry of small children. c) Lights for the illumination of swimming pools shall be designed, constructed, and maintained so that no direct ray shall cross any property line. d) Any maintenance equipment including heating, filtering, disinfectant, and re-circulation equipment shall not be located within 1.5 metres (5 feet) from the site lines, and shall be effectively screened and enclosed so as to not adversely affect the character of surrounding properties. No equipment which may result in the emission of noise, vibrations, dust, odours, or which would otherwise be considered obnoxious or dangerous to the health and safety of the public, shall be allowed. 4.16 EQUESTRIAN FACILITIES a) For the purpose of this subsection, an animal is kept when it is on the site overnight. b) The development permit shall set the maximum number of horses that may be kept on the site. The maximum number of animals shall be at the discretion of Council and shall be based on: 32 i. The site area; ii. Servicing capacity; and iii. Potential to minimize potential nuisance to adjacent properties. c) The number of animals allowed to participate in an event is in addition to the number of animals kept on the site, provided animals in the event are not kept onsite overnight. d) The development permit application shall address water supply, waste disposal, manure management, pasture management, onsite stock trailer parking, and participant and spectator parking. e) The application shall include a storm water management plan for land disturbed during, or as a result of, the development of the equestrian facility and supporting facilities. f) If deemed necessary, the application shall include a traffic impact analysis that includes current and projected traffic for the next ten years in the vicinity. g) A condition of the development permit may require there be a contribution towards upgrading of access roads should the road network require upgrading because of the impact of the facility. Road upgrades or maintenance may be addressed through a road maintenance agreement pursuant to Section 22 of The Municipalities Act. h) Equestrian facilities may be subject to additional conditions deemed necessary based upon a specific application. 4.17 SOLID AND LIQUID WASTE DISPOSAL FACILITIES 4.17.1 GENERAL a) Liquid, solid or gaseous waste shall only be disposed of in accordance with the legislation and regulations administered by the appropriate federal or provincial agency, the Water Security Agency, the Saskatchewan Health Authority, and the RM. b) Dumping of chemicals or other noxious materials into the sanitary sewer system is strictly prohibited and shall be considered an offence. c) Storage: i. New and existing facilities: All chemicals, substances and material storage shall be installed, stored, constructed and maintained in an environmentally safe manner and according to all federal, provincial and municipal requirements. ii. Abandoned, underground and surface storage facilities shall be removed, to avoid pollution potential, at Council or at the request of the provincial government. 33 4.17.2 SOLID AND LIQUID WASTE FACILITIES a) The following standards do not apply to liquid manure storage facilities or the application of manure on agricultural lands where this use is deemed consistent with all other relevant sections of this bylaw. b) Development and site maintenance shall be in accordance with provincial environmental, and health regulations. c) A buffer strip containing trees, shrubs, fencing or a berm shall surround the waste disposal area or site. d) Adequate site design be required to prevent contamination of ground and surface water. e) Solid waste disposal facilities shall be located in proximity to a provincial highway or adjacent to a paved all-weather road. f) The development of any new disposal sites shall take into consideration the direction of prevailing winds. g) Council may place any additional conditions for approval deemed necessary to maintain the health, safety and amenity of the area. h) An approval for a solid or liquid waste disposal facility shall be in accordance with the separation distances required Table 4-1. i) Specific requirements related to any stripping, filling, excavation and grading associated with a landfill development. Table 4-1 Separation Criteria for Waste Disposal Facilities Neighbouring Use Solid Waste Facility Liquid Waste Facility Non-farm residential subdivision or tourist accommodation 457 m 457 m Country residential subdivision, hamlet district, or urban municipality 800 m 600 m Commercial or industrial use 300 m 300 m 4.18 COMMUNAL FARM SETTLEMENTS a) Council shall consider an application for a communal farm settlement, including the multiple uses listed in the definition for Communal Farm Settlements, as one discretionary use application. However, ILOs included as part of a communal farm settlement shall require a separate 34 development permit application. All buildings and uses must comply with the setbacks and standards included in this Bylaw and any other relevant municipal bylaw. Unless exempt under this Bylaw or the building bylaw, development permits and building permits are required for each use and principal building. b) Communal farm settlements may include more than one dwelling on a single site. Dwellings may be in the form of one-unit dwellings, multiple unit dwellings, or a combination thereof. Council may specify the number of dwelling units permitted on a communal farm settlement. c) There shall be water supply and sewage disposal systems suitable for the proposed communal farm settlement; the development shall not contaminate any water source. The proponent may be required to demonstrate, in the form of a study by a qualified professional, that the water source is adequate and there will be no adverse impacts to adjacent water sources. d) Provisions for potable water, water treatment, and wastewater disposal are subject to provincial regulations and approval. e) Road access to the communal farm settlement shall be from an all-weather registered road sufficient to accommodate the expected volume of traffic. If off-site road upgrades or new road construction is required, Council may require the applicant to pay for the road upgrades or new road construction pursuant to Section 22 of The Municipalities Act and Sections 171 and 172 of the PDA. f) Council may require the applicant to demonstrate that the municipal road network can safely accommodate the traffic generated by the development. The applicant may be required to demonstrate adequacy of the road network by submitting a traffic impact assessment by a qualified professional. g) Access to individual dwellings, uses and buildings shall be from a road internal to the site. h) Development standards for ILOs associated with a communal farm settlement shall be as stated in Section 4.30 of this Bylaw. Separation distances between ILO facilities and residences associated with the same communal farm settlement shall not be required. i) Any expansion, increase in intensity, or other significant change to the development as approved, shall require a new discretionary use approval. 4.19 WIND ENERGY SYSTEMS (COMMERCIAL WIND FARMS) 4.19.1 APPLICATION REQUIREMENTS a) An applicant for a commercial wind farm shall provide to the Municipality: i. A site plan that shows the location of the wind energy systems, approaches, roads, above ground and underground cabling, fencing, drainage and access. ii. A decommissioning and reclamation plan may be required. 35 iii. Development permit applications for wind energy systems shall be accompanied by a manufacturer's engineering certificate of structural safety or certification of structural safety from a professional engineer licensed to practice in Saskatchewan. iv. The proposed height of the wind energy systems shall be included in the development permit application. Maximum total wind tower height or total system height shall be at the discretion of Council and will be based on the surrounding land uses. v. The proponent should demonstrate to the Municipality that the proposal will meet industry standards and/or provincial guidelines for construction and noise emissions. 4.19.2 DEVELOPMENT STANDARDS a) Prior to finalizing a decision, Council may require the developer to consult with the residents and/or assessed owners of land within a 5.0 km (3.1 mile) radius of the site boundaries. b) Council may require the developer to enter into a road maintenance agreement to ensure all roads and access points are constructed and maintained to municipal standards. c) There shall be no sound, light, glare, heat, dust or other emissions that will, in Council's opinion, detract from the amenity of the area. Council may require the developer to take mitigating measures to ensure the development produces minimal disturbance to the surrounding land. d) Where deemed necessary by Council, the developer may be required to plant and maintain landscaping to maintain the safety, protection and character of the surrounding area. e) There shall be no advertising on the tower or blades. f) Commercial wind energy farms shall not be located on, or in proximity to, environmentally sensitive lands or in areas of critical habitat. g) Council may require the developer to apply mitigation measures to minimize the potential for adverse environmental and community impacts. h) Any changes to the development, as approved, shall require a new permit. i) Any sites, or portions or sites, which include potentially dangerous or hazardous equipment or materials shall have visible signs stating the potential for danger. j) Development permit applications for wind energy systems shall be accompanied by a manufacturer's engineering certificate of structural safety or certification of structural safety from a professional engineer licensed to practice in Saskatchewan. k) As part of the development permit application, the proponent should demonstrate to the Municipality that the proposal will meet industry standards and/or provincial guidelines for construction and noise emissions. l) Minimum separation distances from the base of any wind energy tower are outlined in Table 4-2. 36 Table 4-2 Minimum Separation Criteria for Commercial Wind Energy Systems Neighbouring Land Use Distance Dwelling on adjacent parcels (separate title) Two and a half (2.5) times the total height of the energy system Dwelling on the same parcel (same title) Twice the total height of the energy system Any building not including agricultural buildings The total height of the energy system plus 10 metres Municipal road allowance The total height of the energy system plus 10 metres Provincial highway The height of the structure 4.20 WIND ENERGY SYSTEMS (PRIVATE) a) Only two (2) private wind energy systems shall be permitted per site as an accessory use, subject to the minimum site size requirement, in the applicable zoning districts. b) The minimum site size for the allowance of any small wind energy system shall be 2.0 hectares (5.08 acres). c) Where accessory to a residence, wind energy components and towers shall be erected in rear yards only. d) The lowest point of an operating rotor shall be above ground level to manufacturer's specification at minimum, but in no case lower than 5.0 metres (16.4 feet) above grade level. e) All wind energy systems and towers shall be enclosed within a protective chain link fence. The location and design of the fence shall be included in the development permit application. f) Development and building permit applications for a small wind energy system shall include either a manufacturer's engineering certificate of structural safety or certification of structural safety from a professional engineer licensed to practice in Saskatchewan. g) Installation plans (concrete specifications, anchoring specifications) shall be certified by a professional engineer licensed to practice in Saskatchewan. h) Proof of an approved electrical permit shall be provided to the Municipality. i) Wind energy systems shall be finished in a non-reflective matte colour to the satisfaction of Council. j) Minimum separation distances for private wind towers, measured from the base of the system, are outlined in Table 4-3. 37 Table 4-3 Minimum Separation Criteria for Private Wind Energy Systems Neighbouring Land Use Distance Property line Twice the total height of the energy system Dwelling on adjacent parcels (separate title) 20.0 Kw or less 100 m 20.1 Kw or greater 200 m Dwelling on the same parcel (same title) Twice the total height of the energy system Municipal road allowance The total height of the energy system plus 10 metres Provincial highway The height of the structure 4.21 SOLAR ENERGY SYSTEMS (COMMERCIAL SOLAR FARMS) a) Systems, equipment and structures shall not exceed 7.6 metres (25 feet) in height when mounted to the ground. b) Active solar system structures must meet the yard setbacks of the zoning district. c) To the extent practical, all new distribution lines to any building, structure or utility connection shall be located above ground. d) Electric solar system components must have a UL listing, or equivalent, safety certification. e) Active solar systems shall meet all requirements of the National Building Code of Canada and the Municipal Building Bylaw. The design and/or construction of the systems shall be inspected by the Municipality's building inspector or Municipal Engineer. f) All photovoltaic systems shall comply with the applicable electrical code. g) No grid-tied photovoltaic system shall be installed until evidence has been provided to the Municipality that the owner has been approved by SaskPower, or other relevant utility company, to install the system. Off-grid systems shall be exempt from this requirement. h) It is the responsibility of the developer to remove all obsolete or unused systems within twelve (12) months of cessation of operations. i) Site reclamation will be required following cessation of the operation and will be the responsibility of the developer. A land reclamation plan may be required as part of the development permit application. j) A security fence will surround the perimeter of the solar farm. k) Nuisance control (i.e. weeds, rodents, etc.) during the life of the operation shall be required as a condition of the development permit. 38 l) Where deemed suitable by Council, the pasturing of livestock may be considered as an accessory use and as a form of nuisance control. m) There shall be adequate access and egress for emergency service vehicles. n) Signage shall be as per subsection 3.17 of this Bylaw. 4.22 SATELLITE DISHES AND INDIVIDUAL SOLAR ENERGY GENERATORS a) The installation and operation of a free-standing satellite dish or solar collector, and supporting structures, shall be permitted in all zoning districts, subject to the following: i. In any district, such structures, if freestanding, shall not exceed a height of 10.0 metres (32.8 feet) above ground level. ii. In any district, such structures, if attached to a principal or accessory building, shall not exceed the maximum height allowed in the zoning district. 4.23 SHIPPING (SEA AND RAIL) CONTAINERS a) All zoning districts: i. Shipping containers may be allowed as an accessory use for storage, subject to the regulations of the applicable zoning district. ii. The number of shipping containers allowed per site shall be at Council's discretion and will be based on the land use and ability to meet the site regulations of the zoning district (i.e. yard setbacks, site coverage, etc.). iii. Shipping containers may only be used for storage. Human or animal habitation will not be permitted within a shipping container. iv. Where more than one (1) shipping container has been approved, no more than two (2) containers may be stacked on top of one another (two containers in total). v. Dangerous or hazardous materials or containers shall not be stored in any shipping container. vi. Where shipping containers have been approved as a temporary use during construction, the container shall be removed within thirty (30) days after construction activities cease. b) Lakeshore Development District: i. Shipping containers may not be placed in any rear yard. c) Country Residential District: i. Shipping containers may not be placed in the front yard. 39 4.24 CANNABIS PRODUCTION FACILITIES a) Cannabis production facilities are subject to the following conditions (applies to medical, non- medical, and micro-facilities): i. Cannabis production facilities shall meet all applicable federal, provincial and municipal regulations. Proof of compliance and applicable federal licenses will be required as part of the development permit application. ii. Any structural or electrical alterations to the building(s) must comply with the National Building Code of Canada and all other applicable Codes and regulations. iii. The building and site shall display a high visual quality and shall be integrated into the surrounding environment by virtue of appropriate design, location and landscaping. iv. Council shall determine and consider the compatibility of all neighbouring land uses with the proposed cannabis production facility before issuing a decision. v. As a condition of development permit, Council may place any additional conditions deemed necessary to ensure the health, safety, and welfare of the public. vi. The development must be carried out in a manner where all processes and functions are fully enclosed within a building. This shall include all loading stalls, docks, garbage containers and waste material. There shall be no outdoor storage or display of goods, materials or supplies. vii. In order for the safety and security of the public, all buildings and related structures shall be securely fenced. Council may require additional security measures, such as a locking gate or limited site access, as a condition of the development permit. viii. Where a licensed cannabis production facility ceases operation, the facility and buildings shall be decommissioned and remediated in accordance with applicable provincial and federal regulations. A decommissioning plan may be required at the time the development permit application is made. ix. Nothing shall be done which is, or will become, a nuisance to the surrounding areas by reason of unsightliness, the emission of odours, liquid effluence, dust, fumes, smoke, vibration, noise or glare nor shall anything be done which creates or causes a health, fire or explosion hazard, electrical interference or undue traffic congestion. The proponent shall submit to Council a plan to mitigate potential nuisances. x. As a condition of development permit approval, Council may require additional security measures including but not limited to fencing, locking gate, limited site access, etc. xi. One residence may be allowed on the same site as the cannabis facility production for the owner/operator. 40 xii. Any change to the operation as approved, including but not limited to an increase in size or intensity, the addition of new buildings or additions to existing buildings, shall require a new development permit. 4.25 CANNABIS RETAIL OUTLETS 4.25.1 STANDARDS a) A retail outlet shall comply with all requirements of the federal and/or provincial cannabis legislation. Applicant's shall provide proof of all required operating licenses as part of the permit application or as a condition of permit approval. b) A retail outlet shall, in no way, interfere with the amenities or change the character of the neighbourhood nor shall it interfere with or affect the use and enjoyment of adjacent properties. c) Subject to provincial and federal regulations, a retail outlet may, be ancillary to a cannabis production facility. d) In the event of a discrepancy between the RM's regulations and those of the federal or provincial government, the more stringent regulation shall apply. e) As a condition of development permit approval, Council may require additional security measures including but not limited to fencing, limited entrance to the building, etc. f) Council shall consider the compatibility of all neighbouring land uses with the proposed cannabis retail outlet before issuing a decision. g) Council may apply additional conditions or development standards deemed necessary, based on the application, to maintain the health, safety, and general welfare of the public. h) Any change to the operation as approved shall require a new development permit. 4.25.2 SEPARATION CRITERIA a) Cannabis retail stores shall be set back a distance of 200 metres (656 feet) from the following: i. High schools ii. Elementary schools iii. Parks/playgrounds iv. Public recreational facilities v. Daycare centres vi. Community centres and youth centres vii. Places of worship viii. Other cannabis retail stores b) Setbacks shall be measured from the property line of the proposed retail store site to the nearest property line of any of the above listed uses. 41 4.26 AGGREGATE RESOURCE (SAND AND GRAVEL) DEVELOPMENT 4.26.1 APPLICATION REQUIREMENTS a) In addition to the general application requirements outlined in this Bylaw, the proponent shall submit the following: i. A plan showing the location of the proposed area of operation (active and inactive areas), site boundaries, location of storage of extracted materials, the depth of excavation and the quantity of topsoil to be removed. ii. A description of the excavation, disposal, and stripping or grading operation. iii. A detailed timing and phasing plan for the project, including the estimated life of the proposed operation and the hours of operation. iv. A reclamation plan showing the final site conditions and post-development land use plan following the completion of the operation, including the phasing of remediation (progressive restoration is expected while extraction is ongoing in other sections of the pit). v. 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. vi. 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. vii. Method of storm water management, drainage control, and erosion and sediment control. viii. The applicant shall be required to provide a bond or other method of security/financial guarantee, in a form acceptable to the RM, equal to the cost of reclamation of the pit, to be held by the Municipality for the lifespan of the operation to ensure the land is reclaimed to a satisfactory condition. The bond or other acceptable security must be in place before development proceeds. Once the site has been satisfactorily restored, the bond or security will be discharged or returned to the applicant or their predecessor. ix. Any other information that Council deems necessary. 4.26.2 DEVELOPMENT STANDARDS a) An approval for a sand and gravel extraction development permit will be issued for a maximum of five (5) years and may be renewed at the discretion of Council through the development permit process. Existing gravel pits that have been inactive for a period of more than twenty-four (24) consecutive months will require a new development permit. b) Land use incompatibility, public safety, dust, noise, nuisance and pollution shall be minimized by considering appropriate routes, fencing, signage, buffers and screening. 42 c) Upon the request of Council, the developer may be required to undertake a mineral extraction study prior to development permit approval to determine specific development requirements and standards. d) Where an aggregate operation is proposed within the vicinity of a water source, the development permit application should be accompanied by an appropriate hydrological study, which outlines necessary mitigation measures. If mitigation measures are deemed insufficient or excessive, the application may be denied. e) Where applicable, Council will specify development conditions in conjunction with recommendations from provincial agencies and reports from qualified professional(s) regarding site development, services, modifications to application and location of operation and any other mitigation measures deemed necessary. f) Council will specify conditions regarding cost recovery and cost-sharing of municipal road construction and maintenance expenses resulting from an increase in trucks carrying mineral resources. The applicant, operator or person that hauls the sand and gravel resources may be required by the RM to enter into a road maintenance agreement. g) All gravel operations shall have direct access to a developed road of suitable standard to support the operation. h) All development including any new excavation on existing gravel pits (prior to the adoption of this bylaw) shall be reclaimed to a land capability that is equivalent to its pre-developed state or to a condition which is satisfactory to the RM. These procedures shall be in accordance with all applicable provincial requirements. The restoration of the site shall commence immediately upon termination of the operation or two (2) years from the date of issuance of the development permit should the permit not be renewed. i) In addition to the public notification requirement contained in this Bylaw for discretionary uses, Council shall provide written public notice to be mailed to property owners adjacent to the proposed haul roads to obtain public input on the proposed site prior to development consideration. j) The applicant shall keep the site in a clean and tidy condition free from garbage and non- aggregate debris. Fences or screening devices, which have been deemed acceptable by Council, shall be required. k) Approaches to the development shall be located away from existing residences. l) Any change to the operation as approved shall require a new permit application. 43 4.26.3 AGGREGATE RESOURCE SEPARATION CRITERIA a) Separation requirements for the mining, excavation or stockpiling of aggregate resources are shown in Table 4-4. Greater separation distances may be required if found necessary through any professional report or assessment, or if required by a provincial regulatory agency. b) Separation distances shall be measured from the active area(s) of the operation and the nearest parcel boundary of the neighbouring land use. Table 4-4 Minimum Separation Distances for Aggregate Resource Development Land Use Distance Multi-parcel (4 or more) non-farm residential subdivision 800 m The limit of any road allowance or provincial highway 45 m Recreational development 800 m Heritage sensitive land To be determined by the Heritage Conservation Branch Hazard land 50 m 4.27 OIL AND GAS DEVELOPMENT 4.27.1 DEVELOPMENT STANDARDS AND CRITERIA a) Petroleum extraction development shall include wells, pipelines, compressor stations, batteries, storage facilities, etc. but shall exclude processing and refining. Development permits for processing and refining oil and gas shall be considered separately. b) Exploration and development of oil and gas shall be subject to all federal and provincial requirements. The applicant may be required to demonstrate federal or provincial approval or licensing as part of a development permit application. c) Council may consult with, or refer an application to, the applicable oil and gas company, the Ministry of Economy, or other relevant provincial agencies regarding the development of new wells and new oil and gas related facilities within 1 km (0.62 miles) of a residence. Consultation may involve obtaining the classification of the well and concentration of H2S. d) Upon approval by the Municipality, the owner of the pipeline shall provide the Municipality at least 48 hours' notice of the operator's intention to commence work. A written request must be made to the RM before construction begins and the operator shall obtain the required municipal standards for constructing approaches and for constructing pipelines (flow lines), which cross road allowances. 44 e) Temporary development permits may be issued specifying time lines and conditions for such uses of a temporary nature such as oil and gas, mineral seismic or exploratory activities. Council has the right to revoke the temporary development permit if the conditions of approval are not met. Temporary permits will not be issued if the use is not allowed in the zoning district, does not meet minimum separation distances, or does not comply with the official community plan. f) As a condition of development permit approval, Council may apply any development standards deemed necessary to protect public health and safety, prevent pollution, and minimize the potential for nuisance to neighbouring land uses. g) Council may require a road maintenance agreement as outlined in The Municipalities Act to protect municipal roads when transportation, utilities and pipeline facilities cross municipal roads, or when seismic activity is proposed on or near roads or road allowances. h) A proposal for a battery or other facility will not be approved unless there are adequate plans to address fire suppression, public safety, decommission, site reclamation and post-development land use. The site reclamation plan must show the final site conditions following the completion of the operation and the phasing of remediation. 4.27.2 OIL AND GAS SEPARATION CRITERIA a) To minimize conflict between mineral resource extraction, or oil and gas operations and surrounding land uses, the separation distances provided in Tables 4-5 and 4-6 shall be applied. b) Separation distances shall be measured from the active area of the operation and the nearest parcel boundary of the neighbouring land use. Table 4-5 Minimum Separation Distances for Oil and Gas Development Column1 Wells, battery sites, and other facilities with an H2S concentration below 100 ppm and connected to a closed system (flowlined) Wells, battery sites, and other facilities with an H2S concentration above 100 ppm that are not connected to a closed system (not flowlined) Single residence 125 m 500 m Multi-parcel country residential subdivision (four or more parcels) 125 m 750 m Town, village, or hamlet 125 m 1 km Commercial use 125 m 750 m Recreational use 125 m 750 m Schools and hospitals 125 m 1 km 45 Table 4-6 Minimum Separation Distances for Oil and Gas Wells Column1 Abandoned wells Shut-in wells that are connected to a closed system (flowline) or when re-opened, would not be a flare site Shut-in wells that, when re-opened, would be a flare site Single residence 25 m 125 m 500 m Multi-parcel country residential subdivision (four or more parcels) 25 m 125 m 750 m Town, village, or hamlet 25 m 125 m 1 km Commercial use 25 m 125 m 750 m Recreational use 25 m 125 m 750 m Schools and hospitals 25 m 125 m 1 km 4.28 POTASH DEVELOPMENT 4.28.1 DEVELOPMENT STANDARDS a) Potash mining operations shall include mines, mine offices, maintenance and processing buildings, head frames, wells, pipelines and storage facilities. b) Related processing and service-related development (tailing ponds, tailing piles, etc.) will be considered accessory to a mining operation. c) A proposal for potash resource development will not be approved unless there is a suitable access to a developed municipal road or a provincial highway. d) The operation shall not negatively change the character of the immediate area or the use and enjoyment of adjacent lands. e) New development for land uses that may conflict with the development or expansion of potash resource operations will be discouraged within 2.0 km (1.2 miles) of known resources. f) Appropriate transportation routes, buffers, and screening shall be used to minimize land use incompatibility, nuisance, pollution, odour and dust. g) As a condition of development permit approval, Council may apply development standards to increase public health and safety, prevent pollution, and minimize the potential for nuisance to neighbouring land uses. 46 h) Signage, fencing, lighting restrictions, or other safety measures may be required at the developer's expense. i) The developer may be required to demonstrate, in the form of a professional report or assessment, that the development will not negatively impact water resources, either in quantity or quality. j) A proposal for a potash resource development will not be approved unless there is are adequate plans to address fire suppression, public safety, decommission, site reclamation and post- development land use. The site reclamation plan must show the final site conditions following the completion of the operation and the phasing of remediation. 4.28.2 SEPARATION CRITERIA a) Separation requirements for the mining, excavation or stockpiling of potash resources are shown in Table 4-7. Greater separation distances may be required if found necessary through any professional report or assessment, or if required by a provincial regulatory agency. b) Separation distances shall be measured from the active area(s) of the operation and the nearest parcel boundary of the neighbouring land use. Table 4-7 Minimum Separation Distances for Potash and Ethanol Development Land Use Potash, Fertilizer, or Ethanol Development Single residence 500 m Multi-parcel country residential subdivision, town, village, or hamlet 1 km Commercial use 500 m Recreational use 500 m Fertilizer, potash, or ethanol development 800 m Oil and gas development N/A 4.29 INTENSIVE AGRICULTURAL OPERATIONS a) In the application for an intensive agricultural operation, the applicant shall identify the proposed water supply for the operation. Council may require the applicant to provide a study, from a qualified professional, to demonstrate the water supply is of sufficient quality and quantity to meet the needs of the operation without causing any detrimental effects on the water supply of neighbouring properties. 47 4.30 INTENSIVE LIVESTOCK OPERATIONS (ILOS) 4.30.1 APPLICATION REQUIREMENTS a) Proof of application to the Ministry of Agriculture is required as part of an application for a development permit for an ILO. The developer shall submit to the Municipality a copy of the completed application, which was submitted to the Ministry of Agriculture. b) Any operation involving the raising of animals shall require a permit if it: i. Requires a permit for an Intensive Livestock Operation under The Agricultural Operations Act. ii. Will contain more than three hundred (300) animal units which are cattle, horses, poultry, or domesticated or exotic game farm animals on a quarter section or less, on a permanent basis. iii. Is an expansion of an existing ILO, which has been permitted by the appropriate provincial agency. iv. Involves the alteration of animal species in an existing ILO. v. Is a Game Farm or Controlled Hunt Farm, which has been approved by the Province. c) Existing ILOs, which have been approved by the Municipality i. ILOs existing at the time of the adoption of this Bylaw may continue. However, any expansion of the operation, change of animal species, or change in the type of operation will require approval from Council in accordance with the requirements and conditions of this bylaw. d) Council may require the applicant to obtain recommendations from appropriate agencies, or professionals, to address issues regarding potential impacts to the water supply, assess manure management plans, and evaluate the suitability of the site for the development. e) Council will decide on a proposed ILO within 45 days of receiving all information necessary to decide. If an extension is required, Council will notify the developer in writing, including reasons for the extension, and the length of the extension. 4.30.2 PUBLIC CONSULTATION a) Council may require the developer of a proposed new or expanding ILO to hold an open house, separate from the municipal public hearing, prior to development permit consideration. b) The purpose of the open house is to provide information to affected landowners. c) The cost of the open house shall be the responsibility of the applicant/developer. 4.30.3 DECISION CRITERIA a) Council shall consider the following, when evaluating an application for a new or expanded ILO: 48 i. Measures proposed to mitigate potential nuisance factors. ii. The number and type of animal units. iii. The plan for manure management. iv. Sensitive environments, aquifers, or drainage patterns that may be impacted by the proposed setback reduction. v. Physical severances such as roadways, railways, or water bodies that would reduce the potential for adverse impacts to adjacent land users. vi. The compatibility of existing and planned neighbouring land uses. vii. Potential impacts of the operation on road maintenance, safety, and traffic flow. 4.30.4 DEVELOPMENT STANDARDS a) In addition to the requirements of this bylaw, the ILOs shall conform to The Agricultural Operations Act, 1995 and any other applicable provincial legislation. b) Council may refer a development permit application for an ILO to the Ministry of Agriculture for review and comment, Council may request recommendations regarding the management of manure, nutrients, and mortality. Recommendations from the Ministry of Agriculture may be attached to the permit as development standards. c) As a condition of approval, and at the recommendation of the Ministry of Agriculture, Council may specify the maximum number of AUs permitted in the operation and the active areas of the site to be used for the operation. d) In order to reduce land use conflicts, Council may specify the lands, which may and may not be used for spreading, disposing or storing manure, as a condition of approval. The decision to restrict lands on which manure may be spread should be based on existing land uses, future land identified on the Future Land Use Map, the protection of water resources, and the recommendation of the Ministry of Agriculture. e) As a condition of approval, and at the recommendation of the Ministry of Agriculture, Council may specify requirements regarding the disposal of manure produced by the ILO, or other measures intended to reduce odour, environmental concerns, or potential conflict with neighbouring uses. f) Where municipal roads could be affected by the operation, Council may require the developer to enter into a road maintenance agreement under Section 22 of The Municipalities Act. 4.30.5 SEPARATION CRITERIA a) All ILOs are subject to the separation criteria listed in Table 4-8. b) Distances are measured between the active areas of the operation and the parcel boundaries of the neighbouring development. c) Separation requirements do not apply to residences associated with the operation. 49 Table 4-8 Separation Criteria for ILOs Specific Use No. of Animal Units 100-299 300-499 500-2000 2000-5000 >5000 Separation Distance (m) Single residence 300 (450) 400 (600) 600 (800) 800 (1200) 1000 (2000) Multi-parcel (4 or more) non-farm residential subdivision, tourist accommodation, or campground 300 (450) 400 (600) 800 (1200) 1200 (1600) 1600 (2000) Hamlet, urban municipality <100 population 400 (600) 800 (1200) 1200 (1600) 1600 (2400) 2000 (2400) Urban municipality 100-500 population 800 (1200) 1200 (1600) 1600 (2400) 2400 (2400) 2400 (2400) Urban municipality 501-5000 1200 (1600) 1600 (2000) 2400 (2400) 3200 (3200) 3200 (3200) Urban municipality >5000 1600 (2400) 2400 (2400) 3200 (3200) 3200 (3200) 3200 (3200) Numbers in brackets apply where open liquid manure storage facilities are used or proposed. 4.30.6 SEPARATION REDUCTION CRITERIA a) Council, at its discretion, may consider a lesser separation distance than prescribed in Table 4-8 to accommodate the proposed expansion of an existing ILO. Reductions shall not be considered to accommodate a new operation. b) When evaluating a proposed setback reduction, Council shall consider the factors listed in subsection 4.30.3. c) The developer shall consult with the residents or assessed owners of land within the proposed setback reduction. Council shall consider written and verbal comments as part of the review process. d) Where Council has approved a reduced separation distance, a written agreement between the ILO operator, the landowner(s), and the Municipality, agreeing to the reduced separation distance shall be registered against the applicable parcel titles. The cost of the interest shall be the developer's responsibility. 50 4.30.7 MANURE MANAGEMENT FOR ILOS a) Cropland or improved pasture, which is associated or separate from an approved ILO, may be used for the spreading of manure wastes from an ILO. b) If manure is spread on the same site as an ILO, it is considered accessory to the ILO and shall be addressed in the permit for the ILO. Spreading of manure on a site not associated with an ILO is not subject to development permit requirements provided the required setbacks are met. c) The RM may support, or allow, manure injection into the soil or innovative technologies other than conventional stockpiling and spreading for manure management. The Ministry of Agriculture may be consulted regarding manure management. d) Where manure is applied on any site, the separation distances in Table 4-9 shall apply. Table 4-9 Minimum Separation Distances for Specific Method of Manure Application Single residential 400 m Hamlet, urban municipality population <500 400 m Urban municipality population >500 800 m 51 5 ZONING DISTRICTS 5.1 DISTRICTS OVERVIEW a) For the purpose of applying this Bylaw, the Municipality is divided into the following zoning districts. b) All parts of the Municipality shall be designated as AR - Agricultural Resource District except those areas specifically designated on the detailed Zoning District Maps as another District, attached to and forming part of this bylaw. Table 5-1 Zoning District Symbol Agricultural Resource AR Country Residential CR Commercial-Industrial CI Lakeshore Development LD Conservation Area CA 5.1.1 BOUNDARIES The boundaries of the zoning districts are shown on the map entitled, Rural Municipality of Keys No. 303 Zoning District Map. As shown on the map, the boundaries of the districts are contiguous with parcel boundaries, centerlines of streets, lanes, roads or such lines extended, and the boundaries of the municipality. 5.1.2 REGULATIONS Regulations for the Zoning Districts are outlined in the following sections. 52 5.2 AR - AGRICULTURAL RESOURCE DISTRICT The purpose of the Agricultural Resource District is to provide for and preserve large areas of land capable of accommodating a range of general agricultural operations, natural resource extraction and related activities, and limited commercial and industrial development. In any Agricultural Resource District, no person shall use any land building or structure or erect any building or structure except in accordance with the following provisions: 5.2.1 PERMITTED USES a) Field crops, pastures, and other similar uses customarily carried out in the field of general agriculture but excluding intensive livestock operations (ILOs), poultry operations, feed lots, and hatcheries b) Intensive agricultural operations such as market gardens, mushroom farms, tree and garden nurseries, greenhouses, orchards, etc. c) Facilities for the preparation, storage, and/or sale of crops grown on the same or separate site as an agricultural operation d) Beehives and honey extraction facilities e) One (1) single detached dwelling, including a RTM, modular, or mobile home f) Sites for grain elevators and grain storage g) Petroleum exploration and extraction development including wells, pipelines, storage facilities, and related accessory buildings and structures h) Mining operations including mine offices, maintenance and processing buildings, head frames, wells, pipelines and storage facilities i) Places of worship j) Cemeteries k) Institutional uses and facilities l) Indoor and outdoor storage yards m) Communications towers (telephone, television, radio, etc.) n) Wildlife and conservation management areas o) Schools and educational institutions p) Historical and archaeological sites q) Public utilities, excluding solid and liquid waste disposal sites 53 r) Municipal uses and facilities s) Accessory uses, buildings and structures: i. Uses, buildings, and structures typically associated with the approved principal use ii. Private solar energy systems iii. Sea and rail containers as an accessory use for storage iv. Swimming pools 5.2.2 DISCRETIONARY USES a) Intensive livestock operations (ILOs) b) Agriculture-related commercial and industrial operations c) Game farm and controlled hunt arms d) Abattoirs, including retail meat sales, skinning and tanning facilities, and stockyards e) Aggregate (sand and gravel) resource development operations f) One (1) principal dwelling unit, which is accessory to, and located on, the same site as a non- agricultural principal use, for the owner/operator g) A maximum of two (2) additional single-detached dwellings on an agricultural operation of at least 32 hectares h) Petroleum or mineral resource processing and related facilities i) Work camps accessory to a resource development use, and located on the same or separate site j) Airports and private airstrips k) Boarding kennels l) Medical, dental, and related offices m) Commercial recreational facilities n) Residential care and nursing homes o) Solid and liquid waste disposal facilities p) Soil farms for the rehabilitation of petroleum-contaminated soils q) Commercial wind farms r) Commercial solar farms s) Cannabis production and micro-production facilities 54 t) Private wind energy systems, where accessory to a principal use u) Automotive service stations and gas bars v) Communal farm settlements w) Home-based businesses x) Agricultural tourism y) Bed and breakfasts and vacation farms 5.2.3 DISTRICT REGULATIONS 5.2.3.1 SUBDIVISIONS a) A maximum of three (3) subdivisions will be allowed per quarter section (four [4] separate titles per quarter section in total) within this district. b) Additional sites may be considered where the site to be subdivided is physically separated from the remainder of the quarter section by a rail line, a registered road plan, or natural features. The separated land may be subdivided from the quarter section, site area requirements shall not apply, provided: i. The separate site and remnant source parcel have direct access to a developed road; ii. A suitable water supply and sewage disposal can be accommodated on the site; and iii. There is a buildable site of suitable size and elevation to support the principal and accessory buildings. 55 5.2.3.2 SITE STANDARDS Table 5-2 Principal Uses Minimum site area Non-intensive agriculture 32 ha Natural resource and aggregate development As required by the development All other uses 1 ha Maximum site area Non-farm residential 16 ha All other uses No maximum Minimum site frontage 30 m Minimum front yard RM grid road or provincial highway 45 m Internal subdivision or service road 15 m Minimum side and rear yard RM grid road or provincial highway 45 m Internal subdivision or service road 15 m Adjacent lot 6 m Maximum height No maximum Maximum site coverage No maximum Table 5-3 Accessory Structures and Buildings Minimum front yard RM grid road or provincial highway 45 m Internal subdivision or service road 15 m Minimum side and rear yard RM grid road or provincial highway 45 m Internal subdivision or service road 15 m Adjacent lot 6 m Maximum height No maximum 56 Table 5-4 Parks, Municipal Uses, Government Facilities, and Public Utilities No minimum site standards, provided the safety and amenity of the area is maintained. a) Where a site is proposed to be consolidated with another site to create a larger area for a permitted or discretionary use, Council may use its discretion to vary the maximum allowed site size. b) Subject to provincial requirements, Council may, by resolution, allow a relaxation of the setback from an RM road or provincial highway, to a minimum of 30 metres (100 feet) where: i. The relaxation is for an accessory use (a relaxation of the setback will not be allowed for principal buildings, uses, or structures); ii. The relaxation would not create a visual obstruction from the roadway; and iii. The relaxation would not jeopardize the safety or general welfare of the landowner or of the travelling public. 5.2.4 SUPPLEMENTARY REGULATIONS FOR THE AGRICULTURAL RESOURCE DISTRICT 5.2.4.1 ADDITIONAL RESIDENCES AND COMMUNAL DWELLINGS/COLLECTIVE DWELLINGS a) All dwelling(s) are subject to the setback requirements for a principal building. b) New dwellings or additions to dwellings are prohibited in the floodway of the 1:500-year flood elevation. c) There shall be adequate utilities, including sewage disposal, and water supply system(s), to support the additional dwelling units. 5.2.4.2 TEMPORARY USES/RESIDENCES a) Trailer coach for farm employees: one (1) trailer coach, or other non-permanent dwelling unit, used for the temporary accommodation of farm employees may be allowed on an agricultural operation, provided: i. The site is a minimum of 32.4 ha (80 acres) in area; ii. All setbacks and separation distances are met; iii. A development permit has been approved for the temporary accommodation; iv. The mobile home or trailer coach shall be securely anchored but shall not be placed on a permanent foundation so as to be removed; v. All requirements of the Saskatchewan Health Authority or other applicable regulatory agency are met; 57 vi. There are adequate services and utilities to support the additional residence; and vii. The trailer coach is only allowed as temporary accommodation during the farming season. b) Accommodation during construction (existing dwelling): Where an existing habitable dwelling is being replaced by a new dwelling, the existing dwelling may be allowed to remain occupied during construction, until the new dwelling is habitable. i. Development permit requirements apply; and ii. The former dwelling must be demolished or removed from the site within thirty (30) days of occupancy of the new dwelling. c) Accommodation during construction (trailer coach): A mobile home or trailer coach may be used as a temporary accommodation during the construction of a principal dwelling on the site, provided: i. A development permit and/or building permit has been issued for the new dwelling and the temporary accommodation; ii. The mobile home or trailer coach shall be removed within thirty (30) days of the completion and occupancy of the principal dwelling, but shall not be permitted on the site for longer than one (1) year; iii. The mobile home or trailer coach shall be securely anchored but shall not be placed on a permanent foundation so as to be removed; and iv. The mobile home or trailer coach shall meet the applicable CSA standards and shall bear the CSA certification. d) Grain storage bags: i. Shall not be used or stored in any required yard setback. ii. Shall not become a nuisance, impede visibility at the approach of an intersection, or obstruct snow plowing or road maintenance activities. iii. A development permit is not required. iv. Grain storage bags shall be removed from the site within 90 days of the grain being removed from the bag. Bags shall be disposed of in accordance with provincial regulations. 5.2.4.3 AG-RELATED COMMERCIAL OR INDUSTRIAL USES a) As a condition of development permit approval, Council may apply development standards limiting the size of the operation, and the size and number of buildings used for the operation. b) An increase in the area of land for a commercial use, or the number or size of buildings used for the commercial operation, requires a new development permit, subject to discretionary approval by Council. 58 c) Council may require standards for the location, setback or screening of any area devoted to the outdoor storage of machinery, vehicles, or vehicular parts in conjunction with a commercial operation including any salvage or vehicle storage yard. 5.2.4.4 OUTDOOR STORAGE a) The outdoor storage or collection of goods and materials may be kept or displayed in any required yard, provided the goods or materials being stored are clearly accessory and incidental to the principal use of the property. b) The area shall be kept in a neat and orderly manner. c) Council may apply special standards for the location, setback or screening of any area devoted to the outdoor storage of vehicles, including vehicles, parts of vehicles, or equipment and machinery normally used for the maintenance of the property. 5.2.4.5 FENCES AND HEDGES a) Fences shall be entirely within the site lines of the property. b) Screening devices shall not be placed within a sight triangle required by this Bylaw, a development permit, or a municipal or provincial regulatory body. c) Screen fences shall be consistent with and complementary to the quality of building design and materials of the primary building. d) Razor wire fences shall be prohibited. 59 5.3 CR - COUNTRY RESIDENTIAL DISTRICT The purpose of the Country Residential District is to accommodate low-density non-farm residential development. Land uses, which are compatible with residential development may be accommodated. In any Country Residential District, no person shall use any land building or structure or erect any building or structure except in accordance with the following provisions: 5.3.1 PERMITTED USES a) One (1) single detached dwelling, including a RTM, modular, or mobile home b) Community (municipal) recreational facilities and uses c) Wildlife and conservation management areas d) Public utilities and municipal uses and facilities, not including solid and liquid waste disposal facilities e) Places of worship f) Accessory uses, buildings, and structures: i. Uses, buildings, and structures typically associated with an approved principal use ii. Private solar energy systems iii. Swimming pools iv. Greenhouses and small-scale agricultural activities v. Sea and rail containers for storage 5.3.2 DISCRETIONARY USES a) Residential care or nursing homes b) Bed-and-breakfast operations c) Home-based businesses d) Educational and institutional facilities e) Private (non-commercial) shop on a separate site f) Commercial recreational facilities g) Commercial and private greenhouses h) Daycare centres i) Accessory uses, buildings, and structures: 60 i. Garden suites ii. One (1) private wind energy system per site, where accessory to a principal use 5.3.3 DISTRICT REGULATIONS 5.3.3.1 SUBDIVISION a) There shall be no restriction on the number of sites allowed per quarter section in the country residential district 5.3.3.2 SITE STANDARDS Table 5-5 Principal Uses Minimum site area Residential 0.4 ha All other uses 1 ha Maximum site area Residential 8 ha All other uses No maximum Minimum site frontage 30 m Minimum front yard RM grid road or provincial highway 45 m Internal subdivision or service road 15 m Minimum side and rear yard RM grid road or provincial highway 45 m Internal subdivision or service road 5 m Adjacent lot 6 m Maximum height 15 m Maximum site coverage No maximum 61 Table 5-6 Accessory Structures and Buildings Minimum side and rear yard RM grid road or provincial highway 45 m Internal subdivision or service road 15 m Adjacent lot 3 m Maximum height All uses, except wind energy systems 5.5 m Private wind energy systems 15 m Maximum floor area 279 sq m Table 5-7 Parks, Municipal Uses, Government Facilities, and Public Utilities No minimum site standards, provided the safety and amenity of the area is maintained. a) The maximum site area of a country residential parcel may be increased where the additional land is needed to accommodate an onsite sewage disposal or water supply system or to include existing vegetation, shelterbelts, or accessory buildings. b) In the case of a parcel that is physically separated from the remainder of the quarter section by a rail line, a registered road plan or natural feature, the separated land may be subdivided from the quarter section, site area requirements shall not apply, provided: i. The separate site and remnant source parcel have direct access to a developed road; ii. A suitable water supply and sewage disposal can be accommodated on the site; and iii. There is a buildable site of suitable size and elevation to support the principal and accessory buildings. 5.3.4 SUPPLEMENTARY REGULATIONS FOR THE COUNTRY RESIDENTIAL DISTRICT 5.3.4.1 TEMPORARY ACCOMMODATIONS REVIEW FOR CONSISTENCY WITH AR DISTRICT a) Accommodation during construction (mobile home or trailer coach): Notwithstanding the provisions of this bylaw and the official community plan, a mobile home or trailer coach may be used as a temporary accommodation, for up to a time period of one (1) year, during the construction of a principal dwelling on the site, subject to the following: i. A development permit has been issued for the new dwelling; ii. The temporary accommodation has been approved as part of the development permit for the new dwelling; 62 iii. The temporary accommodation complies with any requirement of the Saskatchewan Health Authority or other government or regulatory agency; iv. The temporary home shall be removed from the site within 30 (thirty) days of the completion and occupancy of the new principal dwelling; v. The temporary home shall be securely anchored but shall not be placed on a permanent foundation so as to be removed; and vi. The temporary home shall meet the applicable CSA standards and shall bear the CSA certification. b) Accommodation during construction (existing dwelling): Where an existing habitable dwelling is being replaced by a new dwelling, the existing dwelling may be allowed to remain occupied during construction, until the new dwelling is habitable, subject to the following: i. Development permit requirements apply; and ii. The former dwelling must be demolished or removed from the site with thirty (30) days of occupancy of the new dwelling. The former dwelling unit shall be demolished or removed from the site within 30 days of occupancy of the new dwelling. 5.3.4.2 THE KEEPING OF ANIMALS a) The keeping of livestock and other farm animals shall be allowed in the Country Residential District in accordance with Table 5-8. b) Animals shall not be pastured within 15 metres (49.2 feet) of any dwelling or water well not owned by the owner of the animals. c) No buildings or structures intended to contain birds or animals shall be located within 30 metres (98.4 feet) of a dwelling, property line, or well for potable water. Table 5-8 No. of Animal Units Allowed Parcel Size (ha) Maximum Number of Animal Units 0.4 - 0.79 1 0.8 - 1.19 2 1.2 and greater 4 5.3.4.3 OUTDOOR STORAGE a) The outdoor storage or collection of goods and materials is prohibited in any front or side yard. Goods and items may be displayed in the front yard of a commercial principal use for a limited time, provided the area is neat and orderly. 63 b) Outdoor storage is allowed in the rear yard provided the goods or materials being stored are clearly accessory and incidental to the principal use of the property. c) Council may apply special standards for the location, setback or screening of any area devoted to the outdoor storage of vehicles, including vehicles, parts of vehicles, or equipment and machinery normally used for the maintenance of the property. d) With the exception of approved salvage yards and auto wrecking operations, no more than three (3) vehicles that are not in running order shall be parked or stored on any site. e) All workshop-related activities shall be conducted entirely within an enclosed building. 5.3.4.4 FENCES AND HEDGES a) Fences shall be entirely within the site lines of the property. b) With the exception of trees, no fence, hedge, or screening device shall exceed 1.2 metres (3.96 feet) in height if placed within a required front yard. c) With the exception of trees, no fence, hedge or screening device shall exceed 2.4 metres (8 feet) in height within a required side or rear yard. d) Screening devices shall not be placed within a sight triangle required by this Bylaw, a development permit, or a municipal or provincial regulatory body. e) Razor wire fences are prohibited. f) Screen fences shall be consistent with and complementary to the quality of building design and materials of the primary building. 64 5.4 LD - LAKESHORE DEVELOPMENT DISTRICT The purpose of the Lakeshore Development District is to provide for existing lakeshore development. Development in this district shall consist primarily of permanent and seasonal residential, recreational, and limited small-scale commercial land uses. In any Lakeshore Development District, no person shall use any land building or structure or erect any building or structure except in accordance with the following provisions: 5.4.1 PERMITTED USES 5.4.1.1 RESIDENTIAL a) One (1) single detached dwelling, including a RTM, modular, or mobile home 5.4.1.2 INSTITUTIONAL a) Municipal uses and facilities b) Places of worship c) Public works and utilities, excluding solid and liquid waste disposal 5.4.1.3 RECREATIONAL a) Community halls, public museums, libraries, and other similar uses b) Public parks, playgrounds, day use picnic areas, and other municipal recreational facilities c) Historical and archaeological sites, critical wildlife and conservation areas 5.4.1.4 ANCILLARY USES a) Accessory uses, buildings, and structures less than 75 sq. m. (807 sq. ft) b) Home offices c) One (1) shipping container, which is no greater than 6.5 metres (21 feet) in length, per site. There shall be no maximum size for temporary shipping containers used during construction. 5.4.2 DISCRETIONARY USES 5.4.2.1 RESIDENTIAL a) Residential care homes 65 5.4.2.2 COMMERCIAL USES a) Daycare centres, as a principal use or ancillary to a residential use b) Personal service shops (hair salons, spas, etc.) c) Cafes and restaurants, licensed or unlicensed d) Retail stores, grocery stores, convenience stores, liquor sales, and similar uses e) Gas and service stations f) Laundromats g) Motels, hotels, and other tourist accommodations 5.4.2.3 RECREATIONAL USES a) Campgrounds b) Commercial recreational uses, including golf courses 5.4.2.4 ANCILLARY USES a) Accessory uses, buildings, and structures 75 sq. m. (807 sq. ft) in area and greater b) Bed-and-breakfast homes c) Home-based businesses d) Sleeping quarters constructed above a garage, provided there are no water or sewer connections and no cooking facilities. 5.4.3 DISTRICT REGULATIONS 5.4.3.1 SUBDIVISION a) There shall be no limit on the number of subdivisions allowed per quarter section. b) A buffer strip or landscaping may be required in all subdivisions to separate lakeshore uses and existing agricultural development. 66 5.4.3.2 SITE STANDARDS Table 5-9 Residential Dwellings Minimum site area 450 sq m Minimum frontage With a lane 15 m Without a lane 18 m Minimum front yard 3 m Minimum side yard 1.5 m Minimum rear yard Lots not abutting a lake 3 m Lots abutting a lake 6 m Maximum site coverage 60% Maximum height 11 m Table 5-10 All other uses Minimum site area Service stations 930 sq m All other uses 278 sq m Minimum frontage Service stations 30 m All other uses 7.5 m Minimum front yard Service stations 6 m All other uses No requirement Minimum rear yard Service stations 6 m All other uses 1.5 m Any use abutting the lake 6 m Minimum side yard Service stations 6 m All other uses 1.5 m Maximum height 11 m Table 5-11 Accessory Structures and Buildings Minimum side and rear yard 1.5 m Maximum height 8 m 67 Table 5-12 Parks, Municipal Uses, Government Facilities, and Public Utilities No minimum site standards, provided the safety and amenity of the area is maintained. a) Where a site is proposed to be consolidated with another site to create a larger area for a permitted or discretionary use, Council may use its discretion to allow a greater site size. 5.4.4 SUPPLEMENTARY REGULATIONS 5.4.4.1 TEMPORARY ACCOMMODATIONS a) Trailer coach for guests or residents: one (1) trailer coach used for the temporary accommodation of residents or guests may be allowed on a residential site, provided: i. Only one (1) trailer coach shall be allowed per site. ii. A temporary development permit shall only be required for trailer coaches, which are to be used for a period of thirty (30) days or longer. These permits shall be valid for a maximum of one (1) year. The fees associated with this section shall be as per the Municipal Fees Bylaw. iii. All setbacks and separation distances are met. iv. The trailer coach shall not be placed on a permanent foundation so as to be removed. v. All requirements of the Saskatchewan Health Authority or other applicable regulatory agency are met. vi. The occupants of the trailer coach shall have access to the services and amenities of the host site. However, the trailer shall not be connected to a piped water supply or wastewater disposal system. vii. The trailer shall be removed upon expiration of the temporary development permit. 5.4.5 BOAT DOCKS a) Every lakeside lot shall be allowed, by permit, one (1) dock and one (1) boat lift. Boathouses are prohibited in the Lakeshore Development District. b) Permits for docks and related structures shall be valid for a period of five (5) years. Upon expiration of the permit, the landowner may reapply for a new/renewed permit. If the application for the permit renewal is refused, the dock, boat lift, and all associated structures shall be removed. c) Permanent dock structures and substructures may require additional permitting by the Water Security Agency. The period of time for which a provincial permit is valid shall be the decision of the Water Security Agency. 68 5.4.5.1 OUTDOOR STORAGE a) The outdoor storage or collection of goods and materials is prohibited in the rear yard of any property. b) On residential sites, limited storage of goods is allowed, provided the area is neat and tidy. Council may apply special standards for the location, setback, or screening of any display items. c) Goods and items may be displayed in the front yard of a commercial principal use for a limited time, provided the area is neat and orderly. Council may apply special standards for the location, setback, or screening of any display items. d) With the exception of approved salvage yards and auto wrecking operations, vehicles that are not in running order shall not be parked or stored on any site. e) All workshop-related activities shall be conducted entirely within an enclosed building. 5.4.5.2 FENCES AND HEDGES a) Fences shall be entirely within the site lines of the property. b) With the exception of trees, no fence, hedge, or screening device shall exceed 2.0 metres (6.6 feet) in height if placed within a required front yard. c) With the exception of trees and retaining walls, no fence, hedge or screening device shall exceed 1.2 metres (4 feet) in height within a required side or rear yard. d) Screening devices shall not be placed within a sight triangle required by this Bylaw, a development permit, or a municipal or provincial regulatory body. e) Razor wire, barbwire, and electric fences are prohibited. f) Screens and fences shall be consistent with and complementary to the quality of building design and materials of the primary building. 69 5.5 CA - CONSERVATION AREA DISTRICT The purpose of the Conservation Area District is to provide an area around the Organized Hamlet of Crystal Lake, outside of the Lakeshore Development district, to protect sensitive land and restrict future subdivisions that would put additional pressure on the lake and surrounding environment. In any Conservation Area District, no person shall use any land building or structure or erect any building or structure except in accordance with the following provisions: 5.5.1 PERMITTED USES a) Agricultural uses: field crops, pasture for raising livestock, excluding ILOs b) One single detached dwelling, where located on a quarter section or more c) Historical and archaeological sites, wildlife conservation management areas d) Nature, cross-country, snow mobile and hiking trails e) Open space and passive recreation f) Public utilities and municipal facilities g) Accessory uses, buildings, and structures: i. Beehives and honey extraction facilities ii. Farm buildings and structures, which are accessory to a principal agricultural use one the site iii. Facilities for the preparation for sale and direct sale of crops grown by the agricultural operation to the consumer iv. Non-commercial orchards and flower, vegetable, and fruit gardens, where accessory to a farmstead or residence v. Viewing platforms and shelters vi. Private garages, sheds, and buildings accessory to any single detached dwelling on the site vii. Signs viii. Fences 5.5.2 DISCRETIONARY USES a) One single detached dwelling, where located on a site of less than a quarter section b) Sites and buildings used for storage as a principal use 70 c) Golf courses d) Recreational, cultural, and conservation-related businesses 5.5.3 DISTRICT REGULATIONS 5.5.3.1 SUBDIVISIONS a) A maximum of one (1) subdivision will be allowed per quarter section (two [2] separate titles per quarter section in total) within this district. b) Subdivisions for municipal, provincial, and federal uses shall be permitted in addition to the two (2) separate titles provided for in clause 5.5.3.1(a), c) Additional sites may be considered where the site to be subdivided is physically separated from the remainder of the quarter section by a rail line, a registered road plan, or natural features. The separated land may be subdivided from the quarter section, site area requirements shall not apply, provided: i. The separate site and remnant source parcel have direct access to a developed road; ii. If required to support the intended land use, suitable water supply and sewage disposal systems can be accommodated on the site; and iii. There is a buildable site of suitable size and elevation to support the principal and accessory buildings, if applicable. 5.5.3.2 SITE STANDARDS Table 5-13 Principal Uses Minimum site area Agricultural and residential uses 16 ha All other uses None Minimum frontage Agricultural and residential uses 30 m All other uses 15 m Minimum front yard RM grid road or provincial highway 45 m Minimum side yard RM grid road or provincial highway 45 m 71 Adjacent lot 15 m Minimum rear yard 15 m 5.5.4 SUPPLEMENTARY REGULATIONS FOR THE CONSERVATION AREA DISTRICT 5.5.4.1 DISCRETIONARY USES a) The location, size, and intensity of the use shall be appropriate to the site. Council will consider the additional pressure and impacts the development would place on the lake and surrounding environment. Development will only be favourably considered where impact will be minimal. b) Council will assess the location of entry and exit points to the site and their interrelation with existing intersections or land constraints. The proposal shall provide safe and sufficient access and circulation for vehicle traffic. c) The proposed development shall complement the natural topography and drainage of the site in order to reduce the need for clearing of native vegetation. d) Council will consider the capacity of existing road infrastructure and utilities to service the development and assess the impacts on the environment where new roads or utilities are required to service the development. The location of the development will only be considered where minimal impact is required to service to development. e) Recreational uses shall be integrated into the environment by virtue of appropriate design, location, and landscaping. 5.5.4.2 REMOVAL OF TREES a) The removal of trees within 90 metres (295 feet) of a shoreline shall not be permitted except for the purpose of construction of access ways, pathways, trails, or buildings, and the clearing of dead or diseased trees. 72 5.6 C1 - COMMERCIAL-INDUSTRIAL DISTRICT The purpose of the Commercial-Industrial District is to accommodate highway-related commercial and light industrial activities located along provincial highways and primary municipal roads. In any Commercial-Industrial District, no person shall use any land building or structure or erect any building or structure except in accordance with the following provisions: 5.6.1 PERMITTED USES a) Agriculture-related commercial b) Agricultural equipment dealers and service establishments c) Seed, fuel, and chemical supply establishments d) Agricultural service and contracting establishments e) Motels and hotels f) Service stations with, or without a confectionary or carwash g) Establishments for the sale, storage and servicing of motor vehicles, trailers, marine vehicles, farm machinery and equipment h) Restaurants, grocery stores, and other places for the sale and consumption of food and related items i) Veterinary clinics and hospitals j) Home offices k) Storage facilities, warehousing, supply and distribution facilities l) Retail businesses m) Trucking and hauling operations n) Private or commercial storage compounds (indoor and outdoor) o) Municipal uses and facilities p) Public utilities, excluding solid and liquid waste disposal facilities q) Accessory uses, buildings, and structures: i. Uses, buildings, and structures typically associated with an approved principal use ii. One dwelling unit for the operator of an approved commercial or industrial use, where the residence is ancillary to the use and located on the same site 73 5.6.2 DISCRETIONARY USES a) Welding, machine shops, and metal fabricating b) Salvage yards, auto and machine wreckers c) Wood and natural products processing and fabrication d) Solid and liquid waste disposal facilities e) Aggregate (sand and gravel) operations f) Auction marts 5.6.3 DISTRICT REGULATIONS 5.6.3.1 SUBDIVISION a) There shall be no restriction on the number of subdivisions allowed per quarter section in this district. 5.6.3.2 SITE STANDARDS Table 5-14 Principal Uses Minimum site area 1000 sq m Maximum site area No maximum Minimum site frontage 20 m Minimum front yard RM grid road or provincial highway 45 m Internal subdivision or service road 15 m Minimum side and rear yard RM grid road or provincial highway 45 m Internal subdivision or service road 5 m Adjacent lot 1.5 m Maximum height No maximum Maximum site coverage 75% 74 Table 5-15 Accessory Structures and Buildings Minimum side and rear yard RM grid road or provincial highway 45 m Internal subdivision or service road 5 m Adjacent lot 3 m Maximum height All uses, except wind energy systems 5.5 m Private wind energy systems 45 m Maximum floor area 279 sq m Table 5-16 Parks, Municipal Uses, Government Facilities, and Public Utilities No minimum site standards, provided the safety and amenity of the area is maintained. 5.6.4 SUPPLEMENTARY REGULATIONS FOR THE COMMERCIAL-INDUSTRIAL DISTRICT 5.6.4.1 PERFORMANCE STANDARDS a) To the extent possible, the following nuisance factors shall be limited or prohibited: i. Noise of industrial production audible beyond the boundary of the lot on which the operation takes place ii. Processes that produce excessive smoke iii. The emission of dust, fly ash, or other particulate matter iv. The emission of any odorous gas or other odorous matter v. The emission of any toxic gases or other toxic substance vi. Glare or heat discernible beyond the property line of the lot b) Waste which does not conform to the standards established by the RM, shall not be discharged into any municipal lagoon. c) The onus of demonstrating to Council's satisfaction that a proposed development does and will comply with these requirements rests with the developer. 75 5.6.4.2 SEPARATION FROM RESIDENCES a) Commercial and industrial establishments shall be separated from a residence that is not occupied by the operator of the establishment, by a distance of at least 300.0 metres (984.25 feet) unless the applicant can establish, to the satisfaction of Council, that the use will not emit noxious odours, dust, smoke, or noise that would limit the enjoyment or use of the residence. b) The separation distance shall be measured from the active area of the commercial or industrial facility to the residence. 5.6.4.3 USES THAT INVOLVE THE HOUSING OF AGRICULTURAL ANIMALS a) For any use that involves the sale, shipping, housing, or confinement of agricultural animals in numbers or densities that meet the criteria for an ILO, Council is bound by the location criteria for ILOs, included in subsection 4.33 of this zoning bylaw. b) In issuing a development permit, Council may apply special standards limiting the number of animal units that may be harboured on the site at any point in time. The number of animal units shall be based on the separation distance from neighbouring uses, the area of the development site and the length of time the animals are to be kept on site. 5.6.4.4 ACCESSORY DWELLING UNITS a) One (1) dwelling unit is permitted as an accessory use to an approved commercial or industrial use. b) Dwelling units shall have a floor area smaller than, or equal to, the floor area of the principal use in the building. c) Dwelling units shall be located above or at the rear of the principal building and may be attached or separate from the principal building. d) If attached to the principal building, the dwelling unit shall have an entrance that is separate from that of the commercial establishment. e) Residences, which are accessory to a commercial or industrial use, shall meet all provincial and municipal requirements for health, safety, utilities and fire regulations. 5.6.4.5 OUTDOOR STORAGE a) The outdoor storage or collection of goods and materials may be kept or displayed in any required yard, provided the goods or materials being stored are clearly accessory and incidental to the principal use of the property. b) The area shall be kept in a neat and orderly manner. 76 c) Council may apply special standards for the location, setback or screening of any area devoted to the outdoor storage of vehicles, including vehicles, parts of vehicles, or equipment and machinery normally used for the maintenance of the property. 5.6.4.6 FENCES AND HEDGES a) Fences shall be entirely within the site lines of the property. b) Screening devices shall not be placed within a sight triangle required by this Bylaw, a development permit, or a municipal or provincial regulatory body. c) Screen fences shall be consistent with and complementary to the quality of building design and materials of the primary building. d) The Municipality may limit the height of any screening device, based on the adjacent land uses and type of commercial business. e) Razor wire fences shall be prohibited. 77 6 DEFINITIONS Whenever the subsequent words or terms are used in the Official Community Plan, and this Bylaw, they shall, have the following definition unless the context indicates otherwise. Abattoir: A facility for butchering animals, slaughtering animals, dressing, cutting and inspecting meats, and/or refrigerating, curing, and manufacturing by-products. Accessory: A building, structure or use of a specific site which is subordinate and exclusively devoted to the principal building, principal structure, or principal use of the same site. Act: The Planning and Development Act, 2007 Province of Saskatchewan, as amended from time to time. Adjacent: Contiguous or would be contiguous if not for a river, stream, railway, road or utility right-of-way or reserve land; and any other land identified in this Bylaw as adjacent land for the purpose of notifications. Administrator: The Administrator of the Rural Municipality of Keys No. 303. Aggregate Resource: Raw materials including sand, gravel, clay, earth or mineralized rock found on or under a site. (Also see Mineral Resource) Agricultural: A use of land, buildings or structures for the purpose of animal husbandry, fallow, field crops, forestry, market gardening, pasturage, private greenhouses and includes the growing, packing, treating, storing and sale of produce produced on the premises and other similar uses customarily carried on in the field of general agriculture, but does not include cannabis operations. Agricultural Industry: Those processing and distributing industries providing products or services directly associated with the agricultural business sector and without restricting the generality of the above may include: a) Grain elevators; b) Feed mills; c) Abattoirs; d) Seed cleaning plants; e) Pelletizing plants; f) Bulk fertilizer distribution plants; g) Bulk agricultural chemical distribution plants; h) Anhydrous ammonia storage and distribution; i) Bulk fuel plants; j) Livestock holding stations; k) Retail sales of goods produced or stored as part of the dominant use on the site. 78 Agricultural Commercial: A use related to the sale of products or machinery of an agricultural nature or the provision of services to the agricultural community, and without restricting the generality of the above may include livestock auction marts, farm implement dealerships, fruit stands, veterinary clinics and animal hospitals. Agricultural Operation: An operation: a) That is carried out on a farm, in the expectation of gain or reward, including: i) Cultivating land; ii) Producing agricultural crops, including hay and forage; iii) Producing horticultural crops, including vegetables, fruit, mushrooms, sod, trees, shrubs, flowers, greenhouse crops and specialty crops; iv) Raising all classes of livestock, horses, poultry, fur-bearing animals, game birds and game animals, bees and fish; v) Carrying on an intensive livestock operation; vi) Producing eggs, milk, honey and other animal products; vii) Operating agricultural machinery and equipment, including irrigation pumps and noise-scare devices; viii) Conducting any process necessary to prepare a farm product for distribution from the farm gate; ix) Storing, handling and applying fertilizer, manure, organic wastes, soil amendments and pesticides, including both ground and aerial application; x) Any other prescribed agricultural activity or process; or That is prescribed as an agricultural operation for the purposes of The Agricultural Operations Act. Agricultural Tourism: A tourism oriented commercial land use related to the retail sale of products or the provision of entertainment associated with an agricultural operation or a rural environment, and without limiting the generality of the above includes: historical and vacation farms, farm zoos, gift shops, restaurants, art galleries and cultural entertainment facilities. Alteration or Altered: With reference to a building, structure or site means a change from one major occupancy class or division to another, or a structural change such as an addition to the area or height, or the removal of part of a building, or any change to the structure such as the construction of, cutting into or removal of any wall, partition, column, beam, joist, floor or other support, or a change to or closing of any required means of egress or a change to the fixtures, equipment, cladding, trim, or any other items regulated by this Bylaw such as parking and landscaping. Ancillary: A building, structure or use of a specific site which is related in a subsidiary manner to the principal building, principal structure, or principal use of the same site. 79 Animal Unit (A.U.): The kind and number of animals calculated in accordance with the following table: Table 6-1 Kind of Animal Number of Animals (= 1 Animal Unit) Poultry Hens, cockerels, capons 100 Chicks, broiler chickens 200 Turkeys, geese, ducks 50 Exotic birds 25 Hogs Boars and sows 3 Gilts 4 Feeder pigs 6 Weanling pigs 20 Sheep Rams or ewes 7 Lambs 14 Goats, etc. All (including llamas, alpacas etc.) 7 Cattle Cows and bulls 1 Feeder cattle 1.5 Replacement heifers 2 Calves 4 Horses Colts and ponies 2 Other horses 1 Bison Cows or bulls 1 Calves 4 Fallow Deer Fallow deer 8 Fallow deer fawns 32 Domestic Indigenous Elk 5 Elk calves 20 White-tailed deer 8 White-tailed deer fawns 32 Mule deer 8 Mule deer fawns 32 80 Applicant: A developer, landowner, or other person/party applying to the Municipality for a development permit for a permitted or discretionary use under this Bylaw, or a bylaw amendment to the Official Community Plan or Zoning Bylaw, or to an approving authority for subdivision approval under The Planning and Development Act, 2007. Auction Mart/Market: Means a building or structure or lands used for the storage of goods, materials and livestock which are to be sold on the premises by public auction and for the sale of the said goods, materials, and livestock by public auction and on an occasional basis. Auto Wrecker: An area where motor vehicles are disassembled, dismantled or junked, or where vehicles not in operable condition, or used parts of motor vehicles, are stored or sold to the general public. Basement: That portion of a building between two floor levels, which is partly underground and has not more than one-half its height from the finished floor to finished ceiling, above finished grade. Battery, Oil, and Gas Common storage facilities receiving production from a well, or wells, and includes equipment for separating the fluid into oil, gas, water, any other substances and for measurement. Battery, Single-well A licensed well that treats production exclusively from that licensed well. Bed-and-Breakfast: A dwelling unit, licensed as a tourist home under The Tourist Accommodation Regulations, 1969, in which overnight accommodation within the dwelling unit, along with one meal served before noon, is provided to the travelling public for a charge. Billboard: A private free-standing sign, including supporting structures, which advertises goods, products, services, organizations, or facilities that are available from, located on, or refer to, a site other than the site on which the sign is located. Boathouse A shed, which is located at the edge or a river, lake, or other body of water, and used for storing boats or other aquatic or recreational items. Buffer: A strip of land, vegetation or land use that physically separates two or more different land uses. Building: A structure used for the shelter or accommodation of persons, animals, or chattels and includes any structure covered by a roof supported by walls or columns. Building Bylaw: The Bylaw of the Rural Municipality of Keys No. 303 regulating the erection, alteration, repair, occupancy, maintenance or demolition of buildings and structures. 81 Building Floor Area: The sum of the gross horizontal area of all floors of a building excluding the floor area used for or devoted to mechanical equipment, laundry, storage, swimming pools, and enclosed or underground parking facilities. All dimensions shall be measured between exterior faces of walls or supporting columns, or from the centre line of the walls or supporting columns separating two buildings. For the purpose of this Bylaw, the term 'storage' means the keeping or placing of trunks, luggage or similar articles in a place designed therefore, but shall exclude clothes closets, linen closets, broom cupboards, kitchen and bathroom cupboards of whatsoever nature. Building Height: The vertical distance measured from the grade level to the highest point of the roof surface, if a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge for a gable, hip or gambrel roof. Building Permit: A permit, issued under the Building Bylaw of the Rural Municipality of Keys No. 303 authorizing the construction of all or part of any building or structure. Building Principal: A building in which is conducted the main or primary use of the site on which the said building is situated. Bulk Fuel Sales and Storage: Includes lands, buildings, and structures for the storage and distribution of fuels and oils including retail sales or key lock operations. Bylaw: The Rural Municipality of Keys No. 303's Zoning Bylaw. Cannabis The cannabis plant, fresh cannabis, dried cannabis, cannabis oil, cannabis plant seeds, edible products that contain cannabis, and any other substance defined as cannabis in the Cannabis Act (Canada) and the associated regulations, as amended from time to time and includes edible products that contain cannabis. Cannabis Micro- production Facility A federally licensed small-scale cannabis production facility, which is reduced in size and with a maximum canopy area of 200 sq. metres, or which meets the requirements of the federal government for micro-production facility. 82 Cannabis Production Facility A federally licensed operation, comprised of land, buildings and structures used for the purpose of growing, harvesting, producing, cultivating, testing, processing, researching, destroying, storing, packaging and shipping of cannabis and cannabis products destined for sale to consumers for recreational purposes, and the intra-industry sale of these products, including provincially authorized distributors. Cannabis Retail Operation A retail business operating from a storefront operation and authorized by The Cannabis Control Act (Saskatchewan) to sell any part of the cannabis plant, processed or unprocessed, including any derivative, concentrate, or edible product originating from the cannabis plant. Campground: An area used for a range of overnight camping experiences, from tenting to serviced trailer sites, including accessory facilities which support the use, such as administration offices and laundry facilities, but not including the use or mobile homes or trailers on a permanent year-round basis. Cemetery: Land that is set apart or used as a place for the interment of the dead or in which human bodies have been buried. "Cemetery" may include a structure for the purpose of the cremation of human remains and may include facilities for storing ashes or human remains that have been cremated or the interment of the dead in sealed crypts or compartments. Clean Fill: Uncontaminated non-water-soluble, non-decomposable, inert solids such as rock, soil, gravel, concrete, glass and/or clay or ceramic products. Clean fill shall not mean processed or unprocessed mixed construction and demolition debris, including, but not limited to, wallboard, plastic, wood or metal or any substance deemed corrosive, combustible, noxious, reactive or radioactive. Cluster: Where design allows for the concentration of development in pockets to preserve ecological areas and other open space while providing lower servicing cost and alternative development patterns. (i.e. housing) Commercial: The use of land, buildings, or structures for the purpose of buying and selling commodities, and supplying professional and personal services for compensation. Commercial Indoor Storage: A building or series of buildings comprising multiple storage bays intended for lease or rent by the general public for the purpose of indoor storage of private goods. Communal Farm Settlement: A multiple use development located on a single site and often associated with an agricultural operation and/or an intensive livestock operation (ILO), on the same or adjacent site. The use is typically operated by a religious colony or other association and may include the following: a) Agricultural uses, including greenhouses and intensive livestock operations b) Minor agricultural-commercial operations for the sake of the products grown on-site c) One-unit dwellings d) Two-unit dwellings e) Multiple unit dwellings 83 f) Cooking and eating facilities g) Living areas and sleeping facilities h) Sanitary facilities i) Places of worship j) Educational and child care facilities k) Recreational facilities l) Cemeteries m) Workshops n) Uses, structures and buildings accessory to the above principal uses Community Facilities: A building or facility used for recreational, social, educational or cultural activities and which is owned by a municipal corporation, non-profit corporation or other non-profit organization. Concept Plan (Comprehensive Development Review): A land use concept plan for a specific local area that identifies social, environmental, health and economic issues which the proposed development must address. Concrete and Asphalt Plant: An industrial facility used for the production of asphalt or concrete, or asphalt or concrete products, used in building or construction, and includes facilities for the administration or management of the business, the stockpiling of bulk materials used in the production's process or of finished products manufactured on the premises and the storage and maintenance of required equipment. Condominium: As defined by The Condominium Property Act, 1993, means the land included in a condominium plan together with the buildings and units and the common property and common facilities belonging to them. Conservation: The planning, management and implementation of an activity with the objective of protecting the essential physical, chemical and biological characteristics of the environment against. Contractors Yard: The yard of a contractor or company used as a depot for the storage and maintenance of equipment used by the contractor or company, and includes facilities for the administration or management of the business and the stockpiling or storage of supplies used in the business. Convenience Store: A store offering for sale primarily food products, beverages, tobacco, personal care items, hardware and printed matter and which primarily provides a convenient day to day service to residents in the vicinity. Council: The Council of the Rural Municipality of Keys No. 303. 84 Country Residential Development: Residential development contained within a severance from an agricultural holding where the essential land requirement is for a residential building site and space rather than for productive agricultural purposes. Cultural Resources: Any item a community identifies as important for supporting and expressing their shared values, identity and way of life, and can include community events, community organizations, museums, galleries, libraries, rituals, languages, customs, stories, local arts and crafts, publishing music, and film. Daycare Centre: Any kind of group daycare programs including eldercare or aged adults, nurseries for children of working parents, nursery schools for children und minimum age for education in public schools' or parent cooperative nursery schools and programs covering after school care for school children provided such an establishment is approved by the provincial government and conducted in accordance with provincial requirements. Development: The carrying out of any building, engineering, mining or other operations in, on or over land or the making of any material change in the use of any building or land, the moving of any building or structure onto land, the moving of a mobile home or trailer coach onto land, and the opening or stripping of land for the purpose of removing therefrom sand, gravel or other aggregate resources. Development Agreement: The legal agreement between a developer and the Municipality which specifies the obligations and the terms and conditions for the approval of a development pursuant to section 172 of The Planning and Development Act, 2007. Development Officer: The Administrator shall be the Development Officer, or in his/her absence an employee of the Municipality appointed by the Administrator; or someone appointed by the Council to act as a Development Officer to administer this Bylaw. Development Permit: A permit issued by the Council of the Rural Municipality of Keys No. 303 that authorizes development, but does not include a building permit. Directional Signage: Signage located off site providing direction to and information about a specific enterprise or activity which does not contain general advertising. Discretionary Use: A use of land or buildings or form of development that is prescribed as a discretionary use in the Zoning Bylaw; and requires the approval of Council pursuant to Section 56 of The Planning and Development Act, 2007. 85 Dormitory: Sleeping quarters or entire buildings primarily providing sleeping and residential quarters for large numbers of people. Dwelling: A building or part of a building designed exclusively for residential occupancy. Dwelling Group: A group of single-detached, semi-detached, or multiple unit dwellings clustered on one lot or site, built as one development. Dwelling, Duplex: A building divided horizontally into two (2) dwelling units as herein defined. Dwelling, Multiple Unit: A building containing three or more dwelling units and shall include condominiums, townhouses, row houses, and apartments as distinct from a rooming house, hotel, or motel. Dwelling, Semi- Detached: A building divided vertically into two (2) dwelling units by a common wall extending from the base of the foundation to the roofline. Dwelling, Single- Detached: A building containing only one dwelling unit, as herein defined, and occupied or intended to be occupied as a permanent residence, including a RTM when attached to a foundation on the site, but not including a mobile or modular home as defined. Dwelling, Townhouse: A building, which is divided vertically into three or more dwelling units, each with its own entrance. Dwelling Unit: A separate set of living quarters, whether occupied or not, containing sleeping facilities, sanitary facilities and a kitchen or kitchen components, but does not include boarding houses or rooming units. For the purposes of this definition, "kitchen components" include, but are not limited to, cabinets, refrigerators, sinks, stoves, ovens, microwave ovens or other cooking appliances and kitchen tables and chairs. Elevation: The height of a point on the Earth's surface above sea level. Engagement: An action or process that provides an opportunity for a person or organization, outside of any legal constitutional obligation, to inform, learn from, involve and cooperate with individuals and organizations that are interested in, and may be affected by, potential actions or decisions. 86 Environmental Reserve: Lands that have been dedicated to the Municipality by the developer of a subdivision as part of the subdivision approval process. Environmental reserves are those lands that are considered undevelopable and may consist of a swamp, gully, ravine, coulee or natural drainage course, or may be lands that are subject to flooding or are considered unstable. Environmental reserve may also be a strip of land, abutting the bed and shore of any lake, river stream or other body of water for the purposes of preventing pollution or providing access to the bed and shore of the water body. Environmentally sensitive lands and areas: Equestrian Facility (Riding stables): Means lands or areas with natural features where precautions, mitigation or constraints are needed to minimize impacts. These include the following: - A ravine, coulee, swamp, natural drainage course or creek bed; - Wildlife habitat, environmentally sensitive or significant natural or heritage areas; - Flood-prone or potentially unstable land; or - Land abutting lakes, streams or rivers for pollution prevention, bank preservation or development protection from flooding. The use of lands, buildings, or structures for the boarding of horses, the training of horses and riders, and the staging of equestrian events, with or without charge and with or without general public involvement, but does not include the racing of horses. Existing: In place or taking place, on the date of the adoption of this Bylaw. Facility, Oil and Gas Any building, structure, installation, equipment, or appurtenance that is connected to or associated with the recovery, development, production, storage, handling, processing, treatment, or disposal of oil, gas, water, productions, or other substances, that are produced from or injected inti a well, but does not include a pipeline. Farm Building: Improvements such as barns, granaries, workshops etc., used in connection with the growing and sale of trees, shrubs, and sod or the raising or production of crops, livestock or poultry or in connection with fur production or bee keeping and situated on a parcel of land used for farm operation. Farmers' Market: An occasional or periodic sales activity held in an open area where groups or individual sellers offer new and used goods, crafts or produce for sale directly to the public but does not include a retail store, shopping centre or greenhouse. Farmstead/Farmyard: The buildings and adjacent essential grounds surrounding a farm. Feedlot: A fenced area where livestock are confined solely for the purpose of growing or finishing, and are sustained by means other than grazing. 87 Fill: Soil, rock, rubble, or other approved, non-polluting waste that is transported and paced on the existing, usually natural, surface of soil or rock, following the removal of vegetation cover, topsoil, and other organic material. Flood: A temporary rise in the water level that results in the inundation of an area not ordinarily covered by water. Flood Fringe: The portion of the flood plain where the waters in the 1:500 year flood are projected to be less than a depth of one metre or a velocity of 1 metre (3.28 feet) per second. Flood Proofing: Any combination of structural and non-structural measures, incorporated into the design of a structure to reduce or eliminate the risk of flood damage to a defined elevation. Floodway: The portion of the flood plain adjoining the channel where the waters in the 1:500 year flood are projected to meet or exceed a depth of one metre or a velocity of one metre per second. Floor Area: The total area of all floors of a building or structure, excluding stairwells, elevator shafts, equipment rooms, interior vehicular parking, unloading areas and all flows below the first or ground floor, except when used or intended to be used for human habitation or service to the public. Flowline: A pipeline connecting a wellhead and: a) An oil battery facility; b) A fluid injection facility; or c) A gas compression facility and includes a pipe or system of pipes for the transportation of fluids within any of these facilities. Free Standing Sign: A sign, except a billboard, independently supported and visibly separated from a building or other structure and permanently fixed to the ground. Frontage: The full length of a site measured alongside the road onto which the site fronts. Game Farm: A fenced area for the purpose of management, control, and harvesting of domestic game farm animals. Game farms are regulated by The Domestic Game Farm Animal Regulations. 88 Garage: A building or part of a building used for or intended to be used for the storage of motor vehicles and wherein neither servicing nor repairing of such vehicles are carried on for remuneration. Garden Suite: An additional dwelling unit that is separate from, and secondary to, the principal dwelling on residential land. Geotechnical Assessment: An assessment or estimation by a qualified expert of the earth's subsurface and the quality and/or quantity of environmentally mitigative measures that would be necessary for development to occur. Golf Course: A public or private area operated for the purpose of playing golf, and includes a par 3 golf course, club house and recreational facilities, accessory driving ranges, and similar uses. Greenhouse: A building with glass or clear plastic walls and roof for the cultivation and exhibition of plants under controlled conditions. Greenhouse, Commercial: A greenhouse that includes a retail aspect and caters to the general horticultural needs of the public for financial gain and may include outdoor storage of landscaping supplies, but does not include the growth of cannabis. Gross Surface Area: The area of the rectangle or square within which the face of a sign can be completely contained, exclusive of any supporting structure or, where a sign has more than one face or the face of the sign is not flat, the rectangle within which the largest area of the face of the sign in profile can be completely contained exclusive of any supporting structure. Guest Cottage: A detached accessory building to be used only as summer sleeping accommodation, and which is located on the same site as the principal dwelling. Hall: A building or part of a building, in which facilities are provided for such purposes as meetings for civic, educational, political, religious or social purposes and may include a banquet hall, private club or fraternal organization. Hamlet: An unincorporated community with: a) Five (5) or more occupied dwellings individually situated on lots, block, or parcels; and b) At least ten (10) subdivided lots, blocks, or parcels, the majority of which are an average size of less than one acre; or Any unincorporated area declared to be a hamlet by order of the Minister pursuant to The Municipalities Act providing for the establishment of hamlets. 89 Hazard Land: Land which may be prone to flooding, slumping, landslides, or erosion or any other instability, or is a flood plain or watercourse. Hazardous Substance: A substance that, because of its quality, concentration or physical, chemical or infectious characteristics, either individually or in combination with other substances on the site is an existing or potential threat to the physical environment, to human health or to other living organisms. Hazardous Uses: A development which may generate any of the following characteristics: a) Excessive noise, odour, dust, vibration; b) Offensive emissions; c) Involves dangerous or toxic materials, chemicals, and wastes; d) Air, water, or soil pollution; e) Land use incompatibility; f) Reduced public safety, and may include auto-wrecking, fertilizer, asphalt, chemical, and grain handling uses. Height of the Sign: The vertical distance measured from the highest point of the sign to grade level at the centre of the sign. Heritage Property: As defined by The Heritage Property Act. Heritage properties may include: a) Archaeological objects b) Palaeontological objects; c) Any property that is of interest for its architectural, historical, cultural, environmental, archaeological, paleontological, aesthetic, or scientific value; d) And any site where any object or property mentioned in subclauses a, b, or c is or may be reasonably be expected to be found. Heritage Resource: Includes archaeological sites containing cultural objects and features relating to (pre- contact period) human activities, as well as fur trade and early European settlement and sites, as well as paleontological localities containing the remains of fossil vertebrate and invertebrate animals and plants. Heritage Resources can include Heritage Properties. Heritage Sensitive Land: Any land, or site, which has been identified, or is likely, to contain heritage resources. Home-Based Business: A development consisting of the use of a portion of a dwelling unit or residential accessory building for a business by a resident. The business must be secondary to the residential use of the building and shall not change the residential character of the dwelling unit or accessory building. This shall not include the retail of cannabis, vacation rentals (bed-and-breakfasts or vacation farms) or other businesses deemed by Council to pose off-site impacts. 90 Home Office: An office located within a residence where a resident may carry out work for remuneration but does not meet with clients or customers on-site. The home office shall be secondary to the principal residential use of the site. Horticulture: The culture or growing of garden plants. Horticulturists work in plant propagation, crop production, plant breeding and genetic engineering, plant biochemistry, plant physiology, and the storage, processing, and transportation of fruits, berries, nuts, vegetables, flowers, trees, shrubs, and turf. Hotel/Motel: A building or buildings or part thereof on the same site used to accommodate the traveling public for gain or profit, by supplying them with sleeping accommodation, with or without meals. Industrial Park: An industrial park is an area of land set aside for industrial development. Industrial parks are usually located close to transport facilities, especially where more than one transport modality (inter-modal) coincides: highways, railroads, airports, and navigable rivers. Industrial Use: The use of land, buildings or structures for the manufacturing, assembling, processing, fabrication, warehousing or storage of goods and materials. Institutional Use: A use of land, buildings or structures for a public or non-profit purpose and without limiting the generality of the foregoing, may include such uses as schools, places of worship, indoor recreation facilities, community centres, and government buildings. Intensive 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 confining of any of the following animals, where the space per animal unit (AU) is less than 370 square metres: a) Poultry b) Hogs c) Sheep d) Goats e) Cattle f) Horses g) Or any other prescribed animals. Kennel: A development used for the breeding, boarding, caring or training of dogs. Typical facilities include dog boarding and dog training establishments, and animal rescue homes. 91 Landfill: A specially engineered site for disposing of solid waste on land, constructed so that it will reduce hazard to public health and safety. Landscaping: The provision of horticultural and other related compatible features or materials designed to enhance the visual amenity of a site or to provide a visual screen consisting of any combination of the following elements: - Soft landscaping consisting of vegetation such as trees, shrubs, vines, hedges, flowers, grass and ground cover; and/or - Hard landscaping consisting of non-vegetative materials such as concrete, unit pavers, brick pavers or quarry tile, but does not include gravel, shale, or asphalt. Land Use Map: A comprehensive document compiled by a local government that identifies goals and strategies for future development or preservation of land. In its projections, the map specifies certain areas for residential growth and others for agriculture, industry, commercial and conservation. Land Use Zoning District: Divisions identified in the Zoning Bylaw establishing permitted and discretionary uses of land or buildings with attendant regulations. Legal Access: A lot or parcel shall be considered as having legal access for the purposes of development when the lot or parcel is adjacent to a municipally maintained road, and meets the frontage requirements of appropriate Zoning District hosting the development. Livestock: Domesticated animals used primarily as beasts of burden or for the production of fur, hides, meat, milk, eggs or other product, or as breeding stock, but excluding companion animals. Lot: A parcel of land of a subdivision, the plan of which has been filed or registered in the Land Titles Office. Manufacturing Establishment: A firm or business engaged in the mechanical or chemical transformation of materials or substances into new products including the assembling of components parts, the manufacturing of products and the blending of materials. Medical Cannabis Production Facility: A facility, including land, buildings and structures, used solely for the purpose of growing, producing, manufacturing, processing, testing, packaging, and shipping of cannabis and cannabis products for medical purposes, as authorized by a license issued under the Federal Government of Canada's Marijuana for Medical Purposes Regulations (MMPR) or any subsequent legislation and amendments thereto. 92 Mineral Resource: As defined under Provincial Legislation and Regulations. Minimum Distance Separation: In respect to intensive livestock operations and heavy industrial land uses, the minimum distance separation required in the Zoning Bylaw from non-complementary uses. Minister: The Minister as defined in The Planning and Development Act, 2007. Mixed Use: Mixed uses are where one or more compatible uses are on one site or building. Or designated in a particular area, such as commercial and residential mixed with recreation. Mobile Home: A trailer coach that may be used as a dwelling all year round; has water faucets and shower or other bathing facilities that may be connected to a water distribution system; and has facilities for washing and a water closet or other similar facility that may be connected to a sewage system. CSA Number Z240 MH. Mobile Home Park: A site under single management for the placement of two or more mobile homes and shall include all accessory buildings necessary to the operation. Modular Home (RTM): A building that is manufactured in a factory as a whole or modular unit to be used as one single dwelling unit and is certified by the manufacturer that it complies with the Canadian Standards Association Standard No. CSA-A277, and is placed on a permanent foundation. Municipality: The Rural Municipality of Keys No. 303. 93 Municipal Reserve: Dedicated lands: - That are provided to a Municipality pursuant to clause 181(a) of The Planning and Development Act, 2007; or - That were dedicated as public reserve and transferred to a Municipality pursuant to section 191, whether or not title to those lands has been issued in the name of the Municipality. Municipal Road: A public road which is subject to the direction, control and management of the municipality, and includes an internal subdivision road. Museum: An institution that is established for the purpose of acquiring, conserving, studying, interpreting, assembling and exhibiting to the public for its instruction and enjoyment, a collection of artifacts of historical interest. Natural Areas: An area relatively undisturbed by human activities and characterized by indigenous species including remnant or self-sustaining areas with native vegetation, water, or natural features. Natural Resources: The renewable resources of Saskatchewan and includes: a) Fish within the meaning of The Fisheries Act; b) Wildlife within the meaning of The Wildlife Act, 1998; c) Forest products within the meaning of The Forest Resources Management Act; d) Resource lands and provincial forest lands within the meaning of The Resource Lands Regulations, 1989; e) Ecological reserves within the meaning of The Ecological Reserves Act; and f) Other living components of ecosystems within resource lands, provincial forest lands and other lands managed by the department. Natural Resource Extraction: The quarrying, processing, removal and sale of natural resources, including sand and gravel, oil and gas, peat metallic mineral and other non-metallic minerals. Non-Conforming Building: A building: - That is lawfully constructed or lawfully under construction, or with respect to which all required permits have been issued, at the date a Zoning Bylaw or any amendment to a Zoning Bylaw affecting the building or land on which the building is situated or will be situated becomes effective; and - 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. 94 Non-Conforming Site: A site, consisting of one or more contiguous parcels, that, on the date a Zoning Bylaw or any amendment to a Zoning Bylaw becomes effective, contains a use that conforms to the Bylaw, but the site area or site dimensions do not conform to the standards of the Bylaw for that use. Non-Conforming Use: A lawful specific use: - Being made of land or a building or intended to be made of land or of a building lawfully under construction, or with respect to which all required permits have been issued, at the date a Zoning Bylaw or any amendment to a Zoning Bylaw affecting the land or building becomes effective; and - That on the date a Zoning Bylaw or any amendment to a Zoning Bylaw becomes effective does not, or in the case of a building under construction or with respect to which all required permits have been issued will not, comply with the Zoning Bylaw. Office or Office Building: A building or part of a building uses primarily for conducting the affairs of a business, profession, service, industry, or government in which no goods or commodities of business or trade are stored, trans-shipped, sold or processed. Open Space: Passive and structured leisure and recreation areas that enhance the aesthetic quality and conserve the environment of the community. Urban and rural open space includes parks, recreation and tourism nodes, and natural areas. Organized Hamlet An area declared to be an organized hamlet by order of the minister pursuant to The Municipalities Act or any former Act providing for the establishment of organized hamlets. Parcel A parcel of land as defined in The Land Titles Act, 2000. Park Model Trailer/Unit: A unit designed to facilitate occasional relocation, with living quarters for a temporary or seasonal use; has water faucets and shower or other bathing facilities that may be connected to a water distribution system; and has facilities for washing and a water closet or other similar facility that may be connected to a sewage system. It has a gross floor area not exceeding 50 m2 (540 ft2). CSA Number Z241. Park Model Trailer 102 Park Model Recreational Unit 95 Parking: An open area, other than a street, used for the temporary parking of more than four vehicles and available for public use and the use of employees working on, or from, the site. Pasture: A site that is used for the raising and feeding of livestock by grazing. PDA: The Planning and Development Act, 2007 Province of Saskatchewan, as amended from time to time. Permanent Foundation: The lower portion of a building; usually concrete, masonry, or an engineered wood basement which renders the structure fixed and immobile. Permitted Use: The use of land, buildings, or other structures that shall be permitted in a Zoning District where all requirements of this Zoning Bylaw are met. Places of Worship: A place used for worship and related religious, philanthropic or social activities and includes accessory rectories, manses, meeting rooms and other buildings. Typical uses include churches, chapels, mosques, temples, synagogues and parish halls. Principle (building, structure or use): The main or primary activity, for which a site or its buildings are designed, arranged, developed or intended, or for which it is occupied or maintained. Primary Access: The principal means of vehicular entry to or from a site or building, but shall not include a lane. Public Utility: A system, work, plant, equipment, or service, (whether owned or operated by the Municipality, or by a corporation under Federal or Provincial statute), that furnishes any of the following services and facilities to, or for the use of, the inhabitants of the Municipality: a) Communication by way of telephone lines, optical cable, microwave, and cable television services; b) Delivery of water, natural gas, and electricity; c) Public transportation by bus, rail, or other vehicle production, transmission; d) Collection and disposal of sewage, garbage, and other wastes; and e) Fire and Police Services. Public Utility (Linear): Linear or private utilities including, but not limited to, roads, communication lines, rail, power and natural gas lines and similar linear uses. 96 Public Utility (Service): Those non-linear utilities which may potentially conflict with other Land uses, including, but not limited to, airports, microwave or communication towers, wind towers, water reservoirs, sewage lagoons, landfills, gas compressor stations, large electrical transformer stations and similar, potentially conflicting service utilities. Public Works: A facility as defined under The Planning and Development Act, 2007. Quarter Section: 64.8 hectares (160 acres) or a lesser amount that remains due to the original township survey, road widening, road right-of-way or railway plans, drainage ditch, pipeline or transmission line development, or other public utility; or natural features such as water courses or water bodies. Racetrack: A place designed and equipped for the racing of motorized vehicles or horses and includes facilities for administration and management of the business. Railway Freight Yards: The use of land, or building or structure or part thereof for activities directly associated with the operation of a railway. Without limiting the generality of the foregoing, such activities may include loading and off-loading freight, and maintenance and repair of railway cars. Ready-to-Move (RTM) Dwelling: A new single detached dwelling constructed off-site to National Building Code or CSA-277 standards to be moved onto a new permanent residential site building foundation. Real Estate Signage: Signage directly associated with the sale of property in which it is located and which maintains a gross surface area of less than 1 square metre (10.76 square feet). Re-designation: Rezoning Recreational Use: A public or private facility or amenity, a joint-use site or a park or playground that serves the surrounding neighbourhood or community. Recreational (Commercial): A public or private facility or amenity, a joint-use site or a park or playground the serves the surrounding neighbourhood with an intent to produce financial gain. 97 Recreational Vehicle: A vehicle used for personal pleasure or travels by an individual or a family which may or may not be towed behind a principle vehicle. Notwithstanding the generality of the above may include: a) Motor homes b) Camper Trailers c) Boats d) Snowmobiles e) Motorcycles Recycling and Collection Depot (commercial): A building or series of buildings intended to accommodate the collection, sorting, processing and temporary storage of recyclable materials including the collection and storage of oil, solvents or other hazardous materials, processing of recyclable material other than compaction and accommodates outdoor compaction or storage. Reeve: The Reeve of the Rural Municipality of Keys No. 303. Remnant Parcel: The land remaining and resulting from the subdivision of a source parcel. Residence: A single detached dwelling, mobile home or modular home. Residential: The use of land, buildings, or structures for human habitation. 98 Residential Care Home: A facility which: - Provides meals, lodging, supervisory personal or nursing care to persons who reside therein for a period of not less than thirty days; - Is duly licensed by the Province of Saskatchewan or certified as approved by the Province of Saskatchewan under an Act which provides for such licensing or certification; and - May include only the principal residence of the operator or administrator. Restaurant: A building or part of a building wherein food is prepared and offered for sale to the public primarily for consumption within the building. However, limited facilities may be permitted to provide for a take-out food function provided such facility is clearly secondary to the primary restaurant use. Right-of-Way: The right of way is the land set aside for use as a roadway or utility corridor. Rights of way are purchased prior to the construction of a new road or utility line, and usually enough extra land is purchased for the purpose of providing mitigative features. Sometimes, road rights of way are left vacant after the initial roadway facility is constructed to allow for future expansion. Riparian: The areas adjacent to any streams, rivers, lakes or wetlands. Salvage Yard (Wrecking): A parcel of land where second-hand, discarded or scrap materials are bought, sold, exchanged, stored, processed or handled. Materials include scrap iron, structural steel, rags, rubber tires, discarded goods, equipment, appliances or machinery. The term also includes a site for collection, sorting, storing and processing of paper products, glass, plastics, aluminum or tin cans prior to shipment for remanufacture into new materials. Scale of Development: The total acreage intended to accommodate a country residential or lakeshore subdivision. School: A body of pupils that is organized as a unit for educational purposes under the jurisdiction of a board of education or of the Saskatchewan Ministry of Education and that comprises one or more instructional groups or classes, together with the principal and teaching staff and other employees assigned to such body of pupils, and includes the land, buildings or other premises and permanent improvements used by and in connection with that body of pupils. Screening or Screening Device: The use of vegetation, berms, fences, walls and similar structures to visually shield, block or obscure one development from another, or from the public. Secondary Suite: An additional dwelling unit located within a principal single detached dwelling. 99 Service Station: A building or place used for, or intended to be developed primarily for supplying vehicles with gasoline, diesel fuel, grease, tires or other similar items and for the repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles, including painting, body work and major repairs. Setback: The distance required to obtain the front yard, rear yard or side yard provisions of this Bylaw. Shipping Container: A cargo container that is a prefabricated metal container or box constructed for the transportation of goods by ship, train, or highway tractor. (i.e. sea can) Should, Shall, or May: Shall is an operative word which means the action is obligatory. Should is an operative word which means that in order to achieve plan objectives, it is strongly advised that the action be taken. May is an operative word meaning a choice is available, with no particular direction or guidance intended. Sign: A display board, screen, structure or material having characters, letters or illustrations applied thereto or displayed thereon, in any manner not inside a building and includes the posting or painting of an advertisement or notice on a building or structure. Site: One or more contiguous surface parcels, as defined under The Land Titles Act, 2000, and used as a unit for the purpose of regulation under this bylaw. Site Area: The total horizontal area within the site lines of a site. 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. Site, Oil and Gas When used in relation to an oil or gas well, means a structure test hole, oil shale core hole or facility, the site of the well, structure test hole, oil shall core hole or facility and the area immediately adjacent to that site. 100 Solar Energy System (Private): A solar energy conversion system consisting of solar panels and associated control or conversion electronics, where the priority and intention is to provide electrical power for use onsite (metered or off-grid). Solar Energy System (Commercial) A solar panel energy conversion system consisting of solar panels and associated control or conversion electronics, which is intended to produce power for resale or offsite distribution. Sport Field: An open space set aside for the playing of sports and may include benches or bleachers for observers but where there is no charge made for spectators. Structure: Anything that is erected, built or constructed of parts joined together and supported by the soil or any other structure requiring a foundation to hold it erect, but not including pavement, curbs, walks or open-air surfaced areas. Stakeholders: Individuals, groups or organizations who have a specific interest or 'stake' in a particular need, issue situation or project and may include members of the local community (residents, businesses, workers, representatives such as councillors or politicians); community groups (services, interest groups, cultural groups clubs, associations, churches, mosques, temples); or local, state and federal governments. Stockyard: An enclosed yard where livestock is kept temporarily. Storey: The space between the top of any floor and the top of the next floor above it and if there is no floor above it, the portion between the top of the floor and the ceiling above it. Street (Road): A site owned by the Provincial Crown which provides the principal legal public vehicular access to abutting sites, but shall not include an easement or lane. Structure: A combination of materials constructed, located or erected for use, occupancy ornamentation, whether installed on, above or below the surface of land and water. Subdivision: A division of land, and includes a division of a quarter section into legal subdivisions as described in the regulations made pursuant to The Land Surveys Act, 2000. Tavern: An establishment, or portion thereof, where the primary business is the sale of beverage alcohol for consumption on the premises, with or without food, and where no live entertainment or dance floor is permitted. A brew pub may be considered a tavern if beverage alcohol is manufactured and consumed on site under a valid manufacturer's permit in accordance with the Alcohol Control Regulations. 101 (Tele)Communication Facility: A structure situated on a non-residential site that is intended for transmitting or receiving television, radio, or telephone communications, excluding those used exclusively for dispatch communications. Temporary Sign: A sign which is not permanently installed or affixed in position, advertising a product or activity on a limited basis. Tower: Any structure used for the transmission or reception of radio, television, telecommunications, mechanical or electrical energy for industrial, commercial, private or public uses, or for the storage of any substance of liquid. Tower Height: The height above-ground of the fixed portion of the tower, excluding any wind turbine and rotors. Traffic Control Signage: A sign, signal, marking or any device placed or erected by the Municipality or Saskatchewan Department of Highways and Transportation. Trailer Coach: Any vehicle used or constructed in such a way as to enable it to be used as a conveyance upon public streets or highways and includes a self-propelled or non-self-propelled vehicle designed, constructed or reconstructed in such a manner as will permit the occupancy thereof as a dwelling or sleeping place for one or more persons notwithstanding that its running gear is removed or that it is jacked up. Trailer Court: Any site on which two or more occupied trailer coaches are permitted to be harboured, whether or not a charge is made or paid, and includes any building or structure used or intended for use as a part of the equipment of such trailer court, but shall not include an industrial or construction camp, or a mobile home park. Trucking Firm Establishment: The use of land, buildings or structures for the purpose of storing, servicing, repairing, or loading trucks, transport trailers and/or buses, but does not include automobile service stations or transportation sales or rental outlets. Unique Well Identifier (UWI) The number assigned to a well to a well by the Minister of Economy to provide a unique alpha-numerical identity fir the well. Use: The purpose or activity for which any land, building, structure, or premises, or part thereof is arranged, designed, or intended, or for which these may be occupied or maintained. 102 Vacation Farm: An operating farm which may, on a day basis or for overnight purposes, offer a farm life experience to groups, families, or individuals and which may provide either or both of the following: - Rental accommodation in the farm dwelling or adjacent private cabins comprising one or more rooms furnished in such a way to enable the preparation of meals if full board is not provided; - A tract of land on which one or more camping, tenting or parking sites is located, and the provision of electricity, potable water and toilet facilities to any of the persons, families, groups occupying any of such sites. Value-added: The increase in value generated by a company or individual through the additional processing or sale of raw materials along the production chain. Veterinary Clinics: A place for the care and treatment of small animals involving outpatient care and medical procedures involving hospitalization, but shall not include the keeping of animals in outdoor pens. Warehouse: A building used for the storage and distribution of wholesaling of goods and materials. Waste Disposal Facility, Liquid: A facility to accommodate any waste which contains animal, aggregate or vegetable matter in solution or suspension, but does not include a septic system for a single residence or farmstead, or a manure storage area for an intensive livestock operation. Wind Energy System: Any wind energy conversion system consisting of a wind turbine, a tower and associated control or conversion electronics, which has a rated capacity of not more than 300 kW, and is intended to provide electrical power for use on-site (either behind the metre or off-grid) and is not intended or used to produce power for resale. 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. Wholesale: The sale of commodities to retailers and shall include the sale of commodities for the purpose of carrying on any trade or business. Waterbody: Any location where water flows or is present, whether or not the flow or the presence of water is continuous, intermittent or occurs only during a flood, and includes but is not limited to, wetlands and aquifers. 103 Watercourse: A river, stream, creek, gully, ravine, spring, coulee, valley floor, drainage ditch or any other channel having a bed and sides or banks in which water flows either permanently or intermittently. Watershed: The land area from which surface runoff drains into a stream, channel, lake, reservoir, or other body of water; also called a drainage basin. Well, Oil, and Gas a) Any opening in the ground made within Saskatchewan from which any oil, gas, oil and gas, or other hydrocarbon is, has been or is capable of being produced from a reservoir; b) Any opening in the ground that is made for the purpose of i) Obtaining water to inject into an underground formation; ii) Injecting any substance into an underground; iii) Storing oil, gas or other hydrocarbons underground; or iv) Monitoring reservoir performance and obtaining geological information; or c) Any opening in the ground made for informational purposes pursuant to The Subsurface Mineral Conservation Regulations. Wetland: Land having the water table at, near, or above the land surface or which is saturated for a long enough period to promote wetland or aquatic processes as indicated by hydric soils, hydrophytes ("water loving") vegetation, and various kinds of biological activity which are adapted to the wet environment. Wind Turbine/Wind Power Unit: A rotating machine which converts kinetic wind energy into mechanical energy and then electrical energy primarily for private use. Windmill: A rotating machine which converts kinetic wind energy directly to mechanical energy for traditional agricultural purposes such as pumping water. Wind Farm: A group of wind turbines in the same location used for the production of electric power. Individual turbines are generally interconnected with voltage power collection and transmission systems. Work Camp: A temporary facility for the use of employees affiliated with a resource-based use where meals and overnight accommodations are typically provided. Yard: The open, unoccupied space on a lot between the property line and the nearest wall of a building and any part of a site unoccupied and unobstructed by a principal building or structure, unless authorized in this Bylaw. 104 Yard, Front: That part of a site which extends across the full width of a site between the front site line and the nearest main wall of a building or structure. Yard, Rear: That part of a site which extends across the full width of a site between the rear site line and the nearest main wall of a building or structure. Where a site abuts a lake, the rear yard shall be the lakeside of the site. Yard, Required: The minimum yard required by a provision of this Bylaw. Yard, Side: The part of a site which extends from a front yard to the rear yard between the side line of a site and the nearest main wall of a building or structure. RM OF KEYS NO. 303 ZONING BYLAW 7 APPENDIX A - ZONING DISTRICT MAP 106 RM OF KEYS NO. 303 ZONING BYLAW 107 RM OF KEYS NO. 303 ZONING BYLAW 108 RM OF KEYS NO. 303 ZONING BYLAW 8 APPENDIX B - OPPORTUNITIES AND CONSTRAINTS MAP 109 RM OF KEYS NO. 303 ZONING BYLAW