Zoning Bylaw — full text

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RURAL MUNICIPALITY OF MARRIOTT NO. 317 ZONING BYLAW Prepared for: THE RURAL MUNICIPALITY OF MARRIOTT NO. 317 Prepared by: CROSBY HANNA & ASSOCIATES LANDSCAPE ARCHITECTURE AND PLANNING Saskatoon, SK SEPTEMBER 2019 The Rural Municipality of Marriott No. 317 Bylaw No. ___________ A Bylaw of the Rural Municipality of Marriott No. 317 to adopt a Zoning Bylaw. The Council of the Rural Municipality of Marriott No. 317, 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 Marriott No. 317 hereby adopts the Rural Municipality of Marriott No. 317 Zoning Bylaw, identified as Schedule "A" to this Bylaw. (2) The Reeve and Administrator of the Rural Municipality of Marriott No. 317 are hereby authorized to sign and seal Schedule "A" which is attached to and forms part of this Bylaw. (3) Bylaw No. ___________ the Zoning Bylaw of the Rural Municipality of Marriott No. 317, and all amendments thereto, are hereby repealed.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 __________ day of ____________________, _________ Read a second time the __________ day of ____________________, _________ Read a third time the __________ day of ____________________, _________ Adoption of Bylaw this __________ day of ____________________, _________ ___________________________________ (Reeve) SEAL ___________________________________ (Administrator) Certified a True Copy of the Bylaw adopted by Resolution of Council On the _________ day of ________________________, of the year ________ THE RURAL MUNICIPALITY OF MARRIOTT NO. 317 ZONING BYLAW Being Schedule "A" to Bylaw No. ______________ of the Rural Municipality of Marriott No. 317 _________________________________ (Reeve) SEAL _________________________________ (Administrator) TABLE OF CONTENTS 1 INTRODUCTION ............................................................................. 1 1.1 Title ............................................................................................................................................... 1 1.2 Scope ............................................................................................................................................. 1 1.3 Purpose .......................................................................................................................................... 1 1.4 Severability ................................................................................................................................... 1 2 INTERPRETATION ............................................................................ 3 3 ADMINISTRATION ......................................................................... 23 3.1 Development Officer ................................................................................................................... 23 3.2 Application for Development Permit .......................................................................................... 23 3.3 Developments Not Requiring A Development Permit ................................................................ 23 3.4 Other Permit Requirements ......................................................................................................... 24 3.5 Application Requirements........................................................................................................... 24 3.6 Development Permit Application Process ................................................................................... 28 3.7 Discretionary Use Applications .................................................................................................. 29 3.8 Validity of a Development Permit ............................................................................................... 38 3.9 Amending the Zoning Bylaw ...................................................................................................... 39 3.10 Development Appeals Board ...................................................................................................... 39 3.11 Minor Variances .......................................................................................................................... 39 3.12 Fees ............................................................................................................................................. 40 3.13 Zoning by Agreement ................................................................................................................. 41 3.14 Offences and Penalties ................................................................................................................ 41 4 GENERAL REGULATIONS ................................................................ 43 4.1 Frontage on the Road .................................................................................................................. 43 4.2 Development on Hazard Lands ................................................................................................... 43 4.3 Building to be Moved ................................................................................................................. 44 4.4 Waste Disposal ............................................................................................................................ 44 4.5 Water ........................................................................................................................................... 44 4.6 Storage of Chemicals, Fertilizers and Combustible Materials .................................................... 44 4.7 One Principal Building Permitted on a Site ................................................................................ 44 4.8 Non-Conforming Buildings, Sites and Uses ............................................................................... 45 4.9 Manufactured Homes .................................................................................................................. 45 4.10 Public Works, Pipelines and Facilities of the Municipality ........................................................ 45 4.11 Vehicle Storage ........................................................................................................................... 45 4.12 Manure Disposal ......................................................................................................................... 46 4.13 Special Standards and Regulations ............................................................................................. 46 4.14 Setback from Centre Line of Roads ............................................................................................ 60 4.15 Outside Storage and Waste Material Storage .............................................................................. 60 4.16 Permitted Yard Encroachments ................................................................................................... 60 4.17 Prohibited Uses in All Districts ................................................................................................... 61 4.18 Building Lines ............................................................................................................................. 61 4.19 Bare Land Condominiums .......................................................................................................... 61 4.20 Depth to Frontage Ratio .............................................................................................................. 61 4.21 Temporary Uses .......................................................................................................................... 61 4.22 Shipping Containers .................................................................................................................... 62 4.23 Regulations for Signs and Billboards .......................................................................................... 63 5 ZONING DISTRICTS ....................................................................... 65 5.1 Classification of Zoning Districts ............................................................................................... 65 5.2 Zoning District Maps .................................................................................................................. 65 5.3 Boundaries .................................................................................................................................. 65 5.4 Regulations ................................................................................................................................. 66 5.5 Properties with More than One Zoning District .......................................................................... 66 5.6 Transitional Zoning Provisions ................................................................................................... 66 6 DISTRICT SCHEDULES ................................................................... 67 6.1 A - Agriculture District ............................................................................................................... 67 6.2 CR1 - Low Density Country Residential District....................................................................... 77 6.3 CR2 - Medium Density Country Residential District ................................................................ 81 6.4 H - Hamlet District ..................................................................................................................... 85 6.5 C1 - Commercial District ........................................................................................................... 91 6.6 M1 - Industrial District ............................................................................................................... 99 7 REQUIRED SEPARATION DISTANCES BETWEEN USES ...................... 104 8 MAPS ......................................................................................... 107 Rural Municipality of Marriott No. 317 Zoning Bylaw 1 1 INTRODUCTION 1.1 TITLE This Bylaw shall be known as the "Zoning Bylaw of the Rural Municipality of Marriott No. 317". 1.2 SCOPE All development within the limits of the municipality shall be in conformity with the provisions of this bylaw, subject to the right of appeal provisions of The Planning and Development Act, 2007 (The Act). 1.3 PURPOSE This is a Bylaw to control the use and development of the land in the municipality and assist in implementing the Rosetown Hub and Spoke District Official Community Plan, which applies to the Rosetown Hub and Spoke Planning District. The municipalities involved in this regional imitative are the Rural Municipalities of St. Andrews No. 287, Pleasant Valley No. 288, Harris No. 316, Marriott No. 317, Mountain View No. 318, the Town of Rosetown, the Village of Harris and the Hamlets of Herschel, Stranraer, Fiske, and Sovereign. This bylaw is consistent with the policies and the intent of the Rosetown Hub and Spoke District Official Community Plan. 1.4 SEVERABILITY If any part of this Bylaw, including anything shown on the Zoning District Map, is declared to be invalid for any reason, by an authority of competent jurisdiction, that decision shall not affect the validity of the Bylaw as a whole, or any other part, section or provision of this Bylaw. 2 Rural Municipality of Marriott No. 317 Zoning Bylaw Rural Municipality of Marriott No. 317 Zoning Bylaw 3 2 INTERPRETATION Whenever in this bylaw the following words or terms are used, they shall, unless the context otherwise provides be held to have the following meaning: Accessory Building or Use: a building or use which: (a) is subordinate to and serves the principal building or principal use; (b) is subordinate in area, extent and purpose to the principal building or principal use served; (c) contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served; and, (d) is located on the same site as the principal building or principal use served. Act, The: The Planning and Development Act, 2007, as amended. Administrator: the Administrator of the RM of Marriott No. 317. Agricultural Service and Contracting Establishments: premises used for the supply of goods, materials or services that support agricultural uses including the sale and storage of seeds, feed, fertilizer and chemical products and the rental, sale, repair or service of agricultural equipment or implements an any combination of the foregoing. Agricultural Support Services: includes, (a) grain and seed storage, cleaning and drying; (b) fertilizing mixing sales (subject to provincial regulations); (c) livestock and poultry breeding services; (d) abattoirs; (e) bin yards, commercial and farm related; and, (f) other agriculturally related services. Alteration: any structural change or addition made to any building or structure. Ancillary Use: a use that is secondary and subordinate in size, extent and purpose to the principal use on the same site, but is not necessary for the operation of the principal use on that site. Animal, Exotic: any animal that is not domesticated in Saskatchewan and is wild by nature. Animal Unit: the kind and number of animals calculated in accordance with the following: Number Equaling Kind of Animal One Animal Unit (1) Poultry (a) hens, cockerels, capons 100 (b) chicks, broiler chicks 200 (c) turkeys, geese, ducks 50 (d) exotic birds 25 4 Rural Municipality of Marriott No. 317 Zoning Bylaw (2) Hogs (a) boars or sows 3 (b) gilts 4 (c) feeder pigs 6 (d) weanling pigs 20 (3) Wild Boars (a) boars or sows 3 (b) gilts 4 (c) feeder pigs 6 (d) weanling pigs 20 (4) Sheep (a) rams or ewes 7 (b) lambs 14 (5) Goats, Llamas, Alpacas, etc. 7 (6) Cattle (a) cows or bulls 1 (b) feeder cattle 1.5 (c) replacement heifers 2 (d) calves 4 (7) Horses (a) colts or ponies 2 (b) other than colts or ponies 1 (8) Other (a) domesticated native ungulates (deer, elk, bison, etc.) 1 Auction Market: a building, structure, or lot, or part thereof, used as a premises where goods and materials that are to be sold by public auction. Applicant: a developer or person applying for a development permit under this bylaw. Bare Land Condominium: a condominium divided into bare land units, as defined in The Condominium Property Act, 1993. Bare Land Unit: a bare land unit as defined in The Condominium Property Act, 1993. Bed and Breakfast Home: a dwelling unit in which the occupants thereof use a portion of the dwelling unit for the purpose of providing, for remuneration, sleeping accommodation and one meal per day to members of the general public, for periods of one week or less, and in which: (a) not more than three bedrooms within the dwelling unit are used to provide such sleeping accommodation; (b) the dwelling unit is the principal residence of the persons receiving the remuneration and Rural Municipality of Marriott No. 317 Zoning Bylaw 5 providing the sleeping accommodation and one meal per day; and, (c) the meal which is provided is served before noon each day. Bin Yard: a site used for the storage of grain, fertilizer, machinery and other equipment by bins, storage buildings and other structures intended to accommodate the site. Bin Yard, Commercial Related: a bin yard that supports an agricultural related commercial or industrial use (see Use, Agricultural Related Commercial or Industrial). Bin Yard, Farm Related: a bin yard that supports a farm operation (see Farm Operation). Building: a structure used for the shelter or accommodation of persons, animals, or chattels. Building Bylaw: any bylaw of the Rural Municipality of Marriott No. 317 regulating the erection, alteration, repair, occupancy or maintenance of buildings or structures. Building Development: means the primary building that is currently occupied, or capable of immediate occupation, for human habitation and that meets the definition of one of the following: (a) bed and breakfast; (b) residential care facility; (c) custodial care facility; (d) business dwelling; (e) dwelling; or (f) farm dwelling. Building Floor Area: the maximum habitable area contained within the outside walls of a building, excluding in the case of a dwelling unit any private garage, porch, sunroom, unfinished attic or unfinished basement. Building Height: the vertical distance of a building measured from grade level, 0.3 metres back from the principal building to the highest point of the roof surface. Building Line, Established: a line, parallel to the front site line (and, in the case of corner sites, a line, parallel to the side site line along the flanking street), and set back the average distance from the edge of the street to the main walls of the existing buildings on a side of any block of the street where more than half the lots have been built on. Building Permit: a permit issued under a building bylaw of the municipality authorizing the construction of all or part of any building. Building, Principal: the main building in which the principal use of the site is conducted. Business Dwelling: an accessory dwelling unit accessory to a commercial or industrial use in a commercial, industrial or agricultural zoning district that is intended to accommodate an owner, manager, employee of the company who must live onsite to accomplish their tasks. Campground: the seasonal operation of an area of land managed as a unit, providing temporary short- term accommodation for tents, tent trailers, travel trailers, recreational vehicles and campers, used by travelers and tourists. 6 Rural Municipality of Marriott No. 317 Zoning Bylaw Campsite: a designated and delineated area within a campground or tourist camp that is intended to accommodate a single tent, tent party or recreational vehicle. Cannabis Production Facility: a facility, approved under federal and provincial regulations, that is used in whole or in part for the planting, cultivation, testing, harvesting, processing and distribution of the cannabis plant and any of its derivatives. Cannabis Retail Store: a retail store, approved under federal and provincial regulations that sells cannabis and any of its derivatives. Carport: a roofed enclosure for the parking of a motor vehicle or motor vehicles which has less than 60% of the total perimeter enclosed by walls, doors or windows and is attached to a principal building. Car Wash: a building or portion of a building which is used for the washing of vehicles, including full service, automatic and hand operated facilities. Cemetery: property used for the internment of the dead and may include facilities for the storage of ashes of human remains that have been cremated. Club: a group of people organized for a common purpose, to pursue common goals, interests or activities, usually characterized by certain membership qualifications, payment of dues or fees, regular meetings, and a constitution and bylaws; and shall include lodges and fraternal organizations. Community Centre: 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. Construction Trades: offices, shops and warehouses, with or without associated retail sales of plumbing and heating, electrical, carpentry, masonry and other trades associated with construction of buildings. 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 Marriott No. 317. Cultural Institution: an establishment such as a museum, art gallery, library and similar facilities of historical, educational or cultural interest. Custodial Care Facility: either: (a) a facility for the temporary detention or open custody of persons pursuant to the provisions of The Youth Criminal Justice Act (Canada) or The Summary Offences Procedure Act, 1990 (Saskatchewan); or, (b) a facility for the accommodation of persons participating in a community training program pursuant to The Correctional Services Act. in which the number of persons in detention, custody or residence does not exceed five. Day Care Centre: a facility for the non-parental care of over four (4) preschool age children on a daily basis and licensed under The Child Care Act. Rural Municipality of Marriott No. 317 Zoning Bylaw 7 Deck: a raised open platform, with or without rails, attached to a principal building. Development: the carrying out of any building, engineering, mining or other operations, in, on, or over land, or the making of any material change in the use or intensity of use of any building or land. Development Permit: a document authorizing a development issued pursuant to this Bylaw. Dwelling: a building used or intended for residential occupancy and may include a Modular Dwelling or a Ready-to-Move Dwelling, but excluding a Manufactured Dwelling or Mobile Home Dwelling, as herein defined. Dwelling, Garden Suite: a self-contained dwelling unit that is located in the rear yard or side yard of a site in which the principal use is a single detached dwelling, and to which the suite is an accessory use. Dwelling Group: a group of two or more detached one unit dwellings, two unit dwellings or multiple unit dwellings or combinations thereof occupying the same site. Dwelling, Modular: a dwelling which is constructed of pre-fabricated parts, unit modules and/or finished sections built in a factory, conforming to CSA Standard A277, and which are transported to this site for assembly on an approved foundation which complies with the requirements of the National Building Code. Dwelling, Manufactured: a dwelling that conforms to the CSA Standard Z240.2.1 and amendments thereto. Dwelling, Multiple Unit: a building divided into three or more dwelling units as herein defined and shall include townhouses and apartments but not hotels, or motels. Dwelling, Multiple Unit Apartment Style: a building divided into three or more units as herein defined, each of which is occupied or intended to be occupied as a permanent home or residence and is accessed from the outside, a common indoor area, or both, but not including hotels, motels or townhouses. Dwelling, Multiple Unit Townhouse: a multiple unit dwelling in which each unit has its own entrance to the outside and each unit is separated from other units by a common wall or ceiling which has no openings. Dwelling, Secondary Suite: a self-contained dwelling unit that is an accessory use to, and located within, a building in which the principal use is a single detached dwelling. Dwelling, Ready-to-Move (RTM): a ready-to-move one unit dwelling which is built to completion off- site using conventional lumber and building practices according to the current National Building Code of Canada, and which is transported to the site as a complete unit for placement on a fixed approved foundation which complies with the requirements of the National Building Code of Canada. Dwelling, Semi-Detached: a dwelling unit on its own site, with a common wall dividing the two dwelling units through at least 30% of the depth of the entire structure, measure from the front to the rear building lines. Dwelling, Single Detached: a detached building consisting of one dwelling unit as herein defined, but shall not include a manufactured home as herein defined. 8 Rural Municipality of Marriott No. 317 Zoning Bylaw Dwelling, Street Townhouse: a dwelling unit, designed as one cohesive building in terms of architectural design, which contains three or more similar attached dwelling units each of which fronts on the street, has direct access to the outside at grade and is not wholly above another dwelling. Dwelling, Two-Unit: a building divided into two separate dwelling units on the same site but not including single detached dwellings which contain a secondary suite as defined herein. Dwelling Unit: a separate set of living quarters, whether occupied or not, usually containing sleeping facilities, sanitary facilities and a kitchen or kitchen components. For the purpose of this definition, "kitchen components" include, but are not limited to, cabinets, refrigerators, sinks, stoves, ovens, microwave ovens or other cooking appliances. Educational Institution: post-secondary college, university or technical institution, but shall not include a private school. Estimated Peak Water Level (E.P.W.L.): the calculated water level used to determine the flood hazard area. It is based on the 1:500 peak flow for rivers, and the higher of the 1:500 peak calm level or the 1:100 peak calm level with a 1:5 wind from the most critical direction for most lakes. Farm: the land, buildings, and machinery used in the commercial production of farm products. Farm Dwelling: an accessory dwelling on a farm that is intended to accommodate farm workers. Farm Based Business: an occupation carried on by the operators of a farm, ancillary to the principal use. Farm Operation: conditions or activities which occur on a farm in connection with the commercial production of farm products, including agroforestry, but not including Intensive Livestock Operations or Intensive Agricultural Operations. Farm Product: those plants and animals useful to man and including, but not limited to: (a) forages and sod crops; (b) grains and feed crops; (c) dairy and dairy products; (d) poultry and poultry products; (e) livestock, including breeding and grazing; (f) fruits; (g) fish; (h) vegetables; (i) flowers; (j) seeds; (k) grasses; (l) trees; (m) apiaries and honey production; (n) equine and other similar products; and, (o) other product which incorporate the use of food, feed, fibre or fur Fence: an artificially constructed barrier erected to enclose or screen areas of land. Financial Institution: a bank, credit union, trust company, or similar establishment. Rural Municipality of Marriott No. 317 Zoning Bylaw 9 Fish Management Activities: activities involved in the proper management of an area of a water body and the surrounding shoreline for the continuous production of fish therefrom. Flankage: the side site line of a corner site which abuts the street. Flood Hazard Area: the flood hazard area the area below the E.P.W.L. The flood hazard area has two zones; the Flood Fringe and the Floodway. Flood Fringe: a zone within the flood hazard area where some types of development may occur if suitably flood-proofed. The Flood Fringe is typically defined as that portion of the flood hazard area where: (a) depth of inundation above natural ground is less than 1.0 metre; (b) flow velocities are less than 1.0 metre per second; and, (c) encroachment (fill) into the Flood Fringe would raise upstream water levels by less than 0.3 metres. Floodway: a zone within the flood hazard area where typically only necessary infrastructure is allowed (eg. water intakes and outfalls, bridge piers and abutments, etc.) or development that is of low value and non-obstructive (eg. parks, nature areas, parking lots, and recreational trails). The Floodway contains the deepest, fastest, and most destructive floodwaters and is typically defined as that portion of the flood hazard area where: (a) depth of inundation above natural ground is more than 1.0 metre; (b) flow velocities are greater than 1.0 metres per second; or, (c) encroachment (fill) into the Floodway would raise upstream water levels by more than 0.3 metres. Flood Proofing: techniques or measures taken to permanently protect a structure or development from flood damage. These can include measures such as elevating building (eg. building on fill or piers), constructing dykes, creating upstream storage, diversions, and channelization. Foreshore: the Crown Land lying between the shore of any watercourse and registered surface parcels. Gas Bar: a building or facility used for the retail sale of motor vehicle fuels from fixed pumps. Hazard Land: land which may be subject to flooding, ponding, slumping, subsidence, landslides, erosion, or contamination by hazardous material. Hazardous Material: any product, substance or organism which, because of its quantity, concentration or risk of spill, or its physical, chemical or infectious characteristics, either individually or in combination with other substances, is an existing or potential threat to the physical environment, to human health or to living organisms, including but not limited to: (a) corrosives; (b) explosives; (c) flammable and combustible liquids; (d) flammable solids. substances liable to spontaneous combustion, substances that on contact with water emit flammable gases; (e) gases, compressed, deeply refrigerated, liquified or dissolved under pressure; (f) oxidizing substances; organic peroxides; 10 Rural Municipality of Marriott No. 317 Zoning Bylaw (g) poisonous (toxic) and infectious substances; (h) radioactive materials; (i) waste Dangerous Materials; and, (j) any other environmentally hazardous substance. Health Care Clinic: a facility or institution engaged in the provision of services for health maintenance, diagnosis or treatment of human pain, injury or other physical condition on an out-patient basis. Highway Sign Corridor: a strip of land parallel and adjacent to a provincial highway where private signs may be permitted to advertise goods and services of local area businesses and attractions, as provided by regulations of the Department of Highways and Transportation entitled "The Erection of Signs Adjacent to Provincial Highway Regulations, 1986", as may be amended from time to time and as managed by the Village of Marsden. Home Based Business: an occupation carried on by the occupants of a residence ancillary to a principal use. Hotel: a building or part of a building used as a place for sleeping accommodation with or without meals, and which may have a licensed beverage room, but does not include a motel. Institutional Camp: an area of land containing sleeping accommodations and facilities which are used to provide short term accommodation for persons engaged in passive or active recreation or leisure, which, without limiting the generality of the foregoing, shall include the following: children's camp or establishment, religious camp, artist's camp, retreat, educational camp, recreational camp, sports camp or other similar camp or establishment. Intensive Agricultural Operation: a principal use that produces a crop that is grown in buildings or under structures, using hydroponic techniques, or by use of intensive irrigation and fertilizer application, but not including an intensive livestock operation. Intensive Livestock Operation (ILO): the operation or facilities for rearing, confinement or feeding of poultry, hogs, sheep, goats, cattle horses or domesticated game animals, in such numbers that the facility and portion of a site used for the operation: (a) will contain 300 or more animal units; and, (b) provides less than 370 m2 of space for each animal unit contained therein. Intersection: an area where two or more streets or lanes meet or cross at grade. Junk and Salvage Yards: uses including, but not limited to, uses involved in salvaging, storing or selling scrap metal, paper, plastic, glass, wood and other waste material, as well as unlicensed vehicles and used vehicle parts. Kennel: the temporary accommodation of dogs, cats or other domestic animals for commercial purposes. Lakeshore: the line denoting the ordinary high water mark for any lake. Landscaping: the modification and enhancement of a site through the use of any or all of the following elements: (a) hard landscaping: landscaping consisting of non-vegetative materials, such as brick, Rural Municipality of Marriott No. 317 Zoning Bylaw 11 stone, concrete, tile and wood, but excluding monolithic concrete and asphalt; (b) soft landscaping: landscaping consisting of vegetation, such as trees, shrubs, hedges and grass; (c) architectural elements: landscaping consisting of wing walls, sculptures, etc. Landscaping establishment: establishments primarily engaged in providing landscape care and maintenance services including the sale and / or installation of trees, shrubs, plants, lawns or gardens, and establishments engaged in these activities along with the construction (installation) of walkways, retaining walls, decks, fences, ponds and other similar structures and the retail sale of soft landscaping materials such as plants, trees, shrubs, as well as hard landscaping materials such as bricks, pavers, shale, crushed rock or other similar materials associated with landscaping, but does not include on-site outdoor and indoor cultivation or propagation of plants (green housing). Lane: a public highway vested in the Crown as a secondary level of access to a lot or parcel of land. Linear Park: dedicated land developed in a linear fashion, between 15 and 35 metres in width, intended to facilitate pedestrian and cycling transportation, and may also facilitate the management of storm water. Loading Space: a space, measuring at least 2.4 metres in width and 8.4 metres in depth, located on a site, and having access to a street or lane, in which a vehicle may park to load or unload goods. Lot: an area of land with fixed boundaries and which is of record with the Information Services Corporation by Certificate of Title. Lounge: a room or area adjoining a restaurant that permits the sale of beer, wine or spirits for consumption on the premises, with or without food, and where no entertainment or dance floor is permitted, either in the lounge or in the restaurant attached to the lounge. Mall: a single story commercial building in which, up to six (6) commercial uses are located together for their mutual benefit, each use having a separate entrance to the outside. Manufactured Home Court: any parcel of land on which two or more occupied manufactured homes are located and includes any structure used or intended to be used as part of the equipment of such manufactured home court. Manufactured Home Site: an area of land in a manufactured home court for the placement of a manufactured home. Manufactured Home Subdivision: any residential subdivision of land containing lots under either freehold or leasehold tenure for the purpose of accommodating manufactured homes in such a manner that each manufactured home is situated on its own lot and in which all such lots, public open spaces, internal streets and lanes, buffer zones and other amenity areas form a contiguous area of development. Manufacturing and Processing Facilities: the manufacturing and assembly of goods, products or equipment and / or the processing of raw or finished materials, including the servicing, repairing or testing of materials, goods, equipment normally associated with the manufacturing, processing or assembly operation. It may include any indoor display, office, technical or administrative support areas or any sales operation accessory to the principal use. Manufacturing and Processing Facilities, Light: manufacturing and processing facilities where all operations are contained within an enclosed building. 12 Rural Municipality of Marriott No. 317 Zoning Bylaw Marina: a building, structure or place, containing docking facilities and located on a waterway, where boats and boat accessories are stored, serviced, repaired or kept for sale and where facilities for the sale of marine fuels and lubricants may be provided. Membrane-Covered Structure: a structure consisting of a frame that is covered with plastic, fabric, canvass or similar non-permanent material, which typically is used to provide storage for vehicles, boats, recreational vehicles or other personal property, or on a larger scale, for storage of commercial goods and materials. The terms shall also apply to structures known commonly as 'hoop houses', 'canopy-covered carports' and 'tent garages', and can be fully or partially covered. Gazebos are not membrane-covered structures. Mineral Resource Processing: the blasting, crushing, washing, screening, weighing, sorting, blending and/or refining of mineral resources. Minister: the member of the Executive Council to whom, for the time being, is assigned the administration of The Planning and Development Act, 2007. Motel: an establishment consisting of a group of attached or detached living or sleeping accommodations each with a bathroom, located on a lot or site and designed for use by the public, and may include a restaurant or licensed dining room. Motor Vehicle, Farm and Heavy Equipment Use: any building, premises or land in which or upon which a business, service or industry involving the maintenance, servicing, storage or repair of commercial vehicles is conducted or rendered, including the dispensing of motor fuel or other petroleum products directly into moto vehicles and the sales of accessories or equipment for trucks or similar commercial vehicles. Municipal Facility: land and / or structures owned by the Municipality that are used for: (a) office and meeting space; (b) storage of municipal equipment and supplies; (c) recreation; and/or, (d) other institutional purposes. Municipality: The Rural Municipality of Marriott No. 317. Nacelle: the framing and housing at the top of a wind tower that enclose the gearbox and generator. Non-Conforming Building: a building: (a) that is lawfully constructed or lawfully under construction, or in respect of which all required permits have been issued, at the date a Zoning Bylaw or any amendment to this Bylaw affecting the building or land on which the building is situated or will be situated becomes effective; and, (b) that on the date this Bylaw or any amendment to this Bylaw becomes effective does not, or when constructed will not, comply with this Bylaw. Non-Conforming Site: a site, consisting of one or more contiguous parcels, that on the day of a zoning bylaw or any amendment to a zoning bylaw becomes effective, contains a use that conforms to the bylaw, Rural Municipality of Marriott No. 317 Zoning Bylaw 13 but the site area or site dimensions do not conform to the standards of the zoning bylaw for that use. Non-Conforming Use: a lawful specific use: (a) being made of land or a building or intended to be made of land or a building lawfully under construction, or in respect to which all required permits have been issued, on the date of this bylaw or any amendment hereto becomes effective; and, (b) that on the date this Bylaw or any amendment hereto becomes effective does not, or in the case of a building under construction or in respect of which all required permits have been issued, will not comply with this Bylaw. Office and Office Building: a building or part of a building used primarily for conducting the affairs of a business, profession, service, industry or government in which no goods or commodities of business trade are stored, transhipped, sold or processed. Official Community Plan (OCP): The Rosetown Hub and Spoke District Official Community Plan Bylaw, as most recently amended, for the Rural Municipality of Marriott No. 317. Outfitter Base Camp: a commercial recreation facility that provides outfitting services by a licensed outfitter and which may include accommodation licensed under The Public Accommodation Regulations and the storage and provision of related outfitting equipment, or the dressing, butchering, cleaning or freezing of game or fish, as part of the service. Outfitting Equipment: equipment and supplies, including boats, canoes and other water vessels, aircraft, motor vehicles, motors, fuel, fishing and hunting gear and any other equipment for use in: (a) hunting, taking or catching wildlife; (b) angling, taking or catching fish; and/or, (c) ecotourism, including the viewing and photographing of natural areas, flora and fauna. Parking Lot: an open area of land, other than a street, used for the temporary parking of more than four vehicles and available for public use whether cost-free, for a fee or for accommodation of clients or customers. Parking, Off-Street: accommodation for the parking of vehicles off a public street or lane. Parking Space, Vehicle: a space within a building or parking lot for the parking of one vehicle, having minimum dimensions of 2.4 metres wide by 5.5 metres deep, and which has access to a developed street or lane. Passive Recreation Use: a recreational land use that does not require significant development upon the site and does not lessen the natural character of the area. Personal Service Shops: establishments engaged in providing the care of a person or their apparel, which include barber shops, hairstyle salons, laundries, dry cleaners, shoe repair, photographic studios and other similar uses. Photography Studio: a place used for portrait or commercial photography, including the developing and processing of film, and the repair or maintenance of photographic equipment. Place of Worship: a place used for worship and related religious, philanthropic or social activities and 14 Rural Municipality of Marriott No. 317 Zoning Bylaw includes accessory rectories, manses, meeting rooms and other buildings. Typical uses include churches, chapels, mosques, temples, synagogues and parish halls. Preschool: a facility which provides a program for preschool aged children. Public Hospital: a hospital operated by the Regional Health Authority. Public Utility: a government, municipality or corporation under Federal or Provincial statute which operates a public work. Public Work: means: (a) systems for the production, distribution or transmission of electricity; (b) systems for the distribution, storage or transmission of natural gas or oil; (c) facilities for the storage, transmission, treatment, distribution or supply of water; (d) facilities for the collection, treatment, movement or disposal of sanitary sewage; (e) telephone, internet, cable television or light distribution or transmission lines; and, (f) facilities for the collection, storage, movement and disposal of storm drainage. Principal Building: the main building in which the principal use of the site is conducted. Public Utility: a government, municipality or corporation under Federal or Provincial statute which operates a public work. Recreational Facility: a recreation or amusement facility open to the general public. Recreation Vehicle: a unit intended to provide temporary living accommodation for campers or travellers; built as part of, or to be towed by, a motor vehicle; and includes truck campers, motor homes, tent trailers, fifth wheels, travel trailers and park model trailers. Recreational Vehicle, Park Model: a recreational vehicle that conforms to Canadian Standards Association, Construction Standard No. Z241 Series, Park Model Trailers. Recycling Collection Depot: a building or structure used for collection and temporary storage of recyclable household material such as bottles, cans, plastic containers and paper. The following shall not be allowed at a recycling collection depot: (a) processing of recyclable material other than compaction; (b) collection and storage of paints, oil, solvents or other hazardous material; nor, (c) outdoor compaction. Reeve: the Reeve of the Rural Municipality of Marriott No. 317. Rental Suite: dwelling unit located within, and accessory to, a single detached dwelling, including the development or conversion of basement space or above-grade space to a separate dwelling unit, or the addition of new floor space to an existing single detached dwelling. Repair Shops and Repair Services: a place where personal effects and household goods and appliances are repaired including the repair of large equipment such as motor vehicles, heavy equipment or heavy motors. Repair Shops and Repair Services, Enclosed: repair shops and repair services where all operations are Rural Municipality of Marriott No. 317 Zoning Bylaw 15 contained within an enclosed building. Residential Care Facility: a facility licensed under provincial statute to provide, in a residential setting, long term residential, social, physical, or personal care, including accommodation, meals, supervision or assistance for persons who have limits on ability for self-care, self supervision, and who are unrelated to the operator or owner. Restaurant: a place where food and beverages are prepared and served to patrons seated at tables or counters, in a motor vehicle on the premises, or for off-site consumption, and may include a drive-through service window. Retail / Service Commercial: the sale or display of merchandise to the public, including the storage of merchandise on or about the premises in quantities sufficient only to supply the establishment or establishments engaged in such merchandise sales, or providing the care of a person or their apparel and accessories, including but not limited to childcare services, beauty salons and barber shops, massage services, health clubs, tanning beds, spas, esthetician services, laundry services, laundromats, dry cleaning, shoe repair, tailor or seamstress services, photographic studios and other similar uses, including the provision of health related services. Rotor: the blades and hubs of a wind turbine that rotate during its operation. Rural Municipal Administrator: the Rural Municipal Administrator(s) for the Rural Municipality of Marriott No. 317. Safe Building Elevation (S.B.E.): the level defined by The Ministry of Municipal Affairs at time of subdivision and by municipal bylaw to which flood-proofing must be undertaken for developments in the flood hazard area. The S.B.E. is calculated as the E.P.W.L. plus a freeboard value. The freeboard allows for uncertainties in the calculations, and for other possible hazards such as ice shove, ice jams, and erosion. The Saskatchewan Watershed Authority usually recommends a freeboard of 0.5 m for most situations. For dykes used as flood-proofing, a freeboard of 0.6 m is usually recommended. In areas with high uncertainty in the hydrology or hydraulic response of the lake or river, a freeboard of up to 1.0 m may be recommended. School: a body of pupils that is organized as a unit for educational purposes, 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: a fence, wall, berm or planted vegetation located so as to visually shield or obscure one abutting area of use from another. Service Station: a place where petroleum products are kept for retail sales for automobiles and other motor vehicles and where repairs, rental, servicing, greasing, adjusting or equipping of automobiles or other motor vehicles may be performed, but not including painting, body work and major repairs. Sight Triangle: the triangular area formed, on corner sites, by the intersecting front and side site lines at a street intersection and the straight line joining said site lines.(refer to Figure 2-2). 16 Rural Municipality of Marriott No. 317 Zoning Bylaw Figure 2-2: Sight Triangle Sign: any writing (including letter or word), billboard, pictorial representation (including illustration or decoration), emblem (including devise, symbol or trademark), flag (including banner or pennant), or any other figure of similar character which: (a) is a structure or any part thereof, or is attached to, painted on, or in any manner represented on a building; (b) is used to announce, direct attention to, or advertise a use or building; or, (c) is visible from outside the building Site: one or more contiguous lots under one ownership and used, or intended to be used, by a single principal use. Site, Corner: a site at the intersection or junction of two (2) or more streets (refer to Figure 2-3). Site, Interior: a site other than a corner site (refer to Figure 2-3). Site, Lakeshore: any residential site that abuts the bank of a lake, or that abuts municipal or environmental reserve land that abuts the bank of the lake, or abuts the foreshore. Site, Through: a site not more than one lot in depth, having a frontage on two streets more or less parallel (refer to Figure 2-3). Rural Municipality of Marriott No. 317 Zoning Bylaw 17 Figure 2-3: Illustration of Site Definition Site Coverage: that portion of the site that is covered by principal and accessory buildings. Site Drainage Plan: a plan which shows the existing and proposed topography of a site, with contour intervals and drawn to scale, with appropriate dimensions and sufficient spot elevations to adequately demonstrate to the Development Officer that the proposed drainage pattern will not have an adverse effect on neighbouring properties and streets. Site Frontage: (a) for Rectangular Sites: the horizontal distance between the side site lines of the site measured along the front site line. (b) for Non-Rectangular Sites: the average of the horizontal distances between the side site lines of the site measured along the front and rear site lines. Site Line, Front: the boundary at the front of the site. 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. Solar Farm: Systems designed for the primary purpose of generating power for the sale to third parties 18 Rural Municipality of Marriott No. 317 Zoning Bylaw via the electric grid. The systems can be roof-mounted systems or ground-mounted systems that may or may not have accessory structures on the same site. Street: a public road or thoroughfare registered by plan of survey which affords the principal of access to abutting property, but shall not include an easement or lane. Storage Yards and Establishments: establishments primarily engaged in renting or leasing space for self-storage. These establishments provide secure space (rooms, compartment, lockers, containers, or outdoor space) where clients retrieve and store their goods. Structure: anything that is built, constructed, or erected, located in, on, or over the ground, or attached to something located in or over the ground. Subdivision: a division of land as described in the regulations pursuant to The Land Surveys Act, 2000. Supply Depot: a facility that specializes in the bulk storage and sale of products and supplies. Telecommunications Facility: includes, (a) microwave towers, including mobile (cellular) phone towers and associated facilities; (b) internet receiving and/or transmittal towers and associated facilities; (c) radar stations; (d) radio and television towers and associated facilities; and, (e) any other tower or structure used for receiving and/or transmitting electromagnetic radiation. Temporary Building: a building without a foundation or footing, and that is to be removed upon expiration of a designated time period. Temporary Use: a use established for a fixed period of time and that is to be discontinued upon the expiration of the time period specified for that use. Temporary Work Camp: a temporary residential complex used to house camp workers by various contracting firms on a temporary basis of more than 28 days and less than one (1) year. The camp is usually made up of a number of mobile units, clustered in such fashion as to provide sleeping, eating, recreation and other basic living facilities. Tourism Base Camp: a commercial recreation facility which provides outfitting services for the viewing of natural areas and wildlife, but not including services for hunting, taking, catching or angling of wildlife or fish, and which may include accommodation licensed under The Public Accommodation Regulations and the storage and provision of related outfitting equipment. Tourist Camp: a facility which has two or more cabins for the accommodation of the travelling public and may also have provision for the accommodation of trailers, tent trailers, tents and recreational vehicles. Training Centre: an establishment that conducts technical training and instruction in a technical subject or trade. Trailer Coach: any vehicle used or constructed in such a way as to enable it to be used as a conveyance upon public roads or highways and includes a self-propelled or non-self-propelled vehicle designed, Rural Municipality of Marriott No. 317 Zoning Bylaw 19 constructed or reconstructed in such a manner as to permit occupancy as a dwelling or sleeping place for one or more persons notwithstanding that its running gear is removed or that it is jacked-up Transloading Facility for Oil and Gas Resources: means a facility used to transfer oil and gas resources from one mode of transportation to another and may include rail lines, pipelines, tank storage, rail loading buildings, instrumentation, related office buildings, and other related facilities. Trapping: the taking of fur animals by a trapper licensed under the Wildlife Act, 1998 and associated regulations, by means of traps, where the trapper has several traps operating at one time and checks them in a planned and regular manner, and may include temporary accessory buildings secondary and accessory to the use. Tree Nursery: the use of land for raising shrubs, trees and bedding plants. Truck Stop: any building, premises, or land in which or upon which a business, service, or industry involving the maintenance, servicing, storage, or repair of commercial vehicles is conducted or rendered, including the dispensing of motor fuel or other petroleum products directly into motor vehicles and the sales of accessories or equipment for trucks or similar commercial vehicles. A truck stop shall also be defined to include those overnight accommodations and restaurant facilities primarily for the use of truck crews. Use: the purpose or activity for which a piece of land or its buildings is designed, arranged, occupied or maintained. Use, Agricultural Related Commercial or Industrial: a service to the agricultural community such as grain and seed cleaning and drying, fertilizer distribution, implement and machinery assemblage, sale and service, veterinary clinics, hatcheries, apiaries, bulk fuel sales, stock yards, feed mills, oil seed processing plants, and other similar uses. Use, Discretionary: a use or form of development that may be allowed in a zoning district following application to, and approval of the Council; and which complies with the development standards, as required by Council, contained in this Bylaw. Use, General Industrial: shall mean any of the following activities: (a) the processing of raw or finished materials; (b) the manufacturing or assembly of goods and equipment; (c) the cleaning, servicing, repairing or testing of materials, goods and equipment normally associated with industrial or commercial businesses or cleaning, servicing and repair operations to goods and equipment associated with personal or household use, where such operations have impacts that would make them incompatible with non-industrial development; (d) the storage or transhipping of materials, goods and equipment, including warehouses; (e) the training of personnel in general industrial operations; and/or, (f) indoor display, office, technical or administrative support areas or any sales operation accessory to the general industrial use. Use, Hazardous Industrial: an industrial use involving the manufacturing, storage, processing, transhipment, collection, treatment or disposal of hazardous materials or chemicals (specifically excluding agriculture fertilizer, herbicide or pesticide warehousing and/or sales facilities, depots for the collection of farm chemical containers, ethanol and biodiesel plants and associated production facilities, 20 Rural Municipality of Marriott No. 317 Zoning Bylaw and transloading facilities for oil and gas resources). Use, Petroleum Related Commercial: a service to the petroleum and natural gas extraction industry such as drilling and oil well servicing operations, hauling services and storage facilities and other similar uses. Use, Permitted: any use or form of development, other than a discretionary use, specifically allowed in a zoning district subject to the regulations applicable to that zoning district. Use, Principal: the main purpose for which a building, structure, or site is used. Use, Prohibited: any use or form of development that is not allowed because it is not listed as a Permitted or Discretionary Use within a given zoning district, or because it is specifically prohibited elsewhere in this Bylaw. Veterinary Clinic: a place for the care and treatment of small and/or large animals involving outpatient care and medical procedures involving hospitalization, and may include the keeping of animals in outdoor pens. Warehouse: a building used primarily for the storage of goods and materials. Wholesale Establishment: the sale of commodities to retailers or jobbers and shall include the sale of commodities for the purpose of carrying on any trade or business. Waste Management or Disposal Facility, Liquid: a facility to accommodate any waste which contains animal, mineral or vegetable matter in solution or suspension, but does not include a manure storage area for an intensive livestock operation. Waste Management or Disposal Facility, Solid: a facility, not including a waste transfer station, 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. Wildlife Management Activities: activities involved in the proper management of an area or region for the continuous production of wildlife therefrom. Wind Energy Facility: a single wind turbine and all equipment, machinery and structures utilized in connection with the conversion of wind to electrical energy. This includes, but is not limited to, all associated transmission, storage, collection and supply equipment, substations, transformers, site access, service roads and machinery. Wind Farm: a wind energy facility consisting of two or more wind turbines. Wind Turbine: a device that converts kinetic energy of the wind into rotational energy to turn an electrical generator shaft. A wind turbine typically consists of a rotor, nacelle and supporting tower. The height of a wind turbine tower is measured from the base of the tower foundation to the highest point of the blades at their apex. Yard: an unoccupied space open to the sky on the same site with a building or structure. Yard, Front: that part of a site which extends across the full width of a site between the front site line and Rural Municipality of Marriott No. 317 Zoning Bylaw 21 the nearest main wall of a building or structure. Yard, Rear: that part of a site which extends across the full width of a site between the rear site line and the nearest main wall of a building or structure. Yard, Required: the minimum yard required by this Bylaw and within which, unless specifically permitted, no building or structure, or part of a building or structure shall be erected. 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. Zoning District: a specifically delineated area of the municipality within which certain uniform requirements and regulations or various combinations thereof govern the use, placement, spacing and size of land and structures. 22 Rural Municipality of Marriott No. 317 Zoning Bylaw Rural Municipality of Marriott No. 317 Zoning Bylaw 23 3 ADMINISTRATION 3.1 DEVELOPMENT OFFICER The Rural Municipal Administrator (Administrator) shall be the development officer responsible for the administration of this Bylaw. The Administrator may appoint a Development Officer subject to the approval of Council, to whom duties in the administration of the Zoning Bylaw may be delegated. 3.2 APPLICATION FOR DEVELOPMENT PERMIT 3.2.1 No person shall undertake a development or commence a use unless a Development Permit has first been obtained, except as provided in Section 3.3. A Development Permit cannot be issued in contravention of any of the provisions of this Bylaw subject to Sections 213 to 227 of The Act. 3.2.2 All residences require a development permit, including farm residences. 3.2.3 Intensive livestock and poultry operations with 300 or more animal units and providing less than 370 m2 of space shall be considered intensive livestock operations, as per the definition in this Bylaw, and will also require a development permit. 3.3 DEVELOPMENTS NOT REQUIRING A DEVELOPMENT PERMIT 3.3.1 Development listed in Section 3.3.2 of this Bylaw must be allowed in the zoning district in which they are located and must comply with the regulations of this Bylaw. 3.3.2 Developments which do not require a development permit include: (1) Accessory Farm Buildings and Structures Farm buildings and structures, but excluding any Intensive Livestock Operation structure, where accessory to permitted agricultural use. (2) Small Accessory Buildings Single storey accessory buildings with a building floor area less than 9.3 m2 (3) Public Works Any operation for the purposes of inspecting, repairing, or renewing sewers, mains, cables, pipes, wires, tracks or similar public works as required by a public utility, and the installation of service connections to property in the municipality. Note: a permit is required for the installation of all new transmission lines and mains associated with facilities and systems for public works as defined herein. 24 Rural Municipality of Marriott No. 317 Zoning Bylaw (4) Municipal Facilities Any facility, including buildings and structures, installed and operated by the Rural Municipality. (5) Maintenance Maintenance and repairs that do not include any structural alterations. (6) Fences (7) Temporary Confinement of Livestock The temporary confinement of livestock during the winter months as part of a farm operation that has been issued a valid development permit. (8) Signs Subject to the provisions of Section 4.23 (9) Manure Spreading Subject to Section 4.12 3.4 OTHER PERMIT REQUIREMENTS 3.4.1 A building permit shall not be issued unless a Development Permit, where required, has been issued. 3.4.2 Nothing in this Bylaw shall exempt any person from complying with the requirements of a building bylaw or any other bylaw in force within the municipality, or from obtaining permission required by this or any other law or bylaw in the municipality, the province or the federal government. 3.4.3 Where the provisions in this Bylaw conflict with those of any other municipal, provincial or federal requirement, the higher and/or more stringent standards shall prevail. 3.5 APPLICATION REQUIREMENTS 3.5.1 Applications for a development permit and applications for a discretionary use, with the exception of applications for a home based business, shall be accompanied by the following: (1) The names, addresses and telephone numbers of the applicant, property owner and person or consultant who prepared the plans being submitted, including a local contact person. (2) The proposed use of the site or building to be constructed, or the proposed use of the existing building floor area to be altered or occupied, including the area of the proposed building or renovations. (3) The complete legal description of the subject property. Rural Municipality of Marriott No. 317 Zoning Bylaw 25 (4) A copy of a site plan, drawn to scale with appropriate dimensions, showing the following information: (a) north arrow, roads adjacent to the site, all property boundaries, identified frontage of site, site area, site elevations, and the location of any existing buildings, structures, utility poles and wires, underground utilities, easements, building encroachments, and type and location of existing trees; (b) the location and size of proposed buildings or structures, including all front, side and rear yard setback dimensions where relevant; (c) the location and size of all entrances and exits to the site; and, (d) the method and location of on-site sewage disposal facilities and, where proposed, manure storage facilities, including a valid sewage disposal permit issued by Public Health. 3.5.2 For certain developments or discretionary uses Council may consider proposals in the context of the information contained on the Future Land Use maps, in the Rosetown Hub and Spoke District Official Community Plan and additional information shall be required in support of the application, as follows: (1) Manufactured Home Court, Campground, Tourism Base Camp, Tourist Camp, Outfitter Base Camp and Institutional Camps. An applicant for a discretionary use approval for the above-uses shall provide documentation to Council's satisfaction: (a) a plan of the site, identifying any buildings, uses of land and the location of all roadways, buildings, structures, manufactured home sites and campsites with dimensions. The addition or rearrangement of sites or accommodation facilities, the construction or moving of buildings, material changes in use of portions of land, or the filling or clearing of land shall require a development permit, and the applicant shall submit for approval an amended plan incorporating the proposed development. (2) Intensive Livestock Operation (ILO) An application for a discretionary use approval for an intensive livestock facility shall conform to The Agricultural Operations Act, 1996 and shall provide documentation, to Council's satisfaction, as follows: (a) Distances to the nearest land uses, development types and municipal limits whether within the Municipality or within an adjacent municipality, listed in "Table 7 - Required Separation Distances Between Uses" of this Zoning Bylaw and measured as specified in the notes to that table. (3) Intensive Agricultural Operation An application for a discretionary use approval for an intensive agricultural operation 26 Rural Municipality of Marriott No. 317 Zoning Bylaw where intensive irrigation is required, shall provide the following documentation to Council's satisfaction: (a) that the water supply is sufficient for the development and that the supply for neighbouring developments will not be adversely affected by the proposed operation. (4) Hazardous Industrial Use An applicant for a discretionary use approval for a hazardous industrial use shall provide documentation, to Council's satisfaction: (a) of distances to the nearest land uses, development types and municipal limits, whether within the Municipality or within an adjacent municipality, listed in "Table 7 - Required Separation Distances Between Uses" of this Zoning Bylaw and measured as specified in the notes to that table; and (b) of the distance to the nearest permanent surface water course or permanent water body. (5) Solid or Liquid Waste Management or Disposal Facility An applicant for a discretionary use approval for a public work in the form of a solid or liquid waste management or disposal facility shall provide documentation, to Council's satisfaction: (a) of distances to the nearest land uses, development types and municipal limits, whether within the municipality or within an adjacent municipalities, listed in "Table 7 - Required Separation Distances Between Uses" of this Zoning Bylaw and measured as specified in the notes to that table. (6) New Communal Water or Sewer System: (a) An application for any new communal water system or communal sewer system shall include a copy of the system drawings, as required by the Public Health Act, 1994 and associated regulations or The Environmental Management and Protection Act and associated regulations. (7) Dwelling in a Country Residential Zoning District An application for a development permit for a dwelling in any country residential zoning district shall provide: (a) a copy of the site drainage plan, drawn to scale, with appropriate dimensions except for the following: (i) development that does not involve the erection of buildings or changes in site grades. Rural Municipality of Marriott No. 317 Zoning Bylaw 27 (8) Wind Energy Facility An application for a wind energy facility shall provide documentation, to Council's satisfaction as follows: (a) A site location plan showing the subject property, adjacent roads, railways, telecommunications facilities (to ensure avoidance of microwave transmission corridors), property lines and all habitable buildings within one (1) one mile of the proposal. (b) A detailed site plan drawn to scale showing the location of the proposed wind turbine(s) and all associated facilities indicating cable locations for domestic usage and power grid connections, existing vegetation, proposed access and landscaping. (c) Confirmation of site ownership by the proponent or where the land is not owned by the proponent evidence of site control and right to access through provisions of a lease or easement agreement with the owner. (d) Proponents are responsible for obtaining any required federal or provincial permits, licenses and approvals for construction and maintenance of wind energy facilities and must remit a copy to the municipality. (e) Details respecting the colour and markings for the proposed tower including required lighting in accordance with federal aviation requirements. (f) Validation by a professional engineer of the structural integrity of the proposed supporting tower and foundation or a description of required manufacturing specifications. (g) For wind energy facilities consisting of two or more wind turbines additional information may be required respecting: (i) illustration of sight line vistas from residential buildings within one (1) mile of the proposed development utilizing photographic representations of the development area; (ii) a decommissioning plan addressing the manner of physical removal of the facility, removal of any hazardous materials and site restoration to a natural condition, should the use of the facility be discontinued. (9) Gravel Operations An application for excavating, stripping or grading of sand, gravel, clay or similar materials, such as gravel pits and gravel crushing operations, shall include the following documentation: (a) a plan showing the distances to the adjoining land uses as listed in "Table 7 - Required Separation Distances Between Uses" of this Zoning Bylaw; (b) a description of reclamation and rehabilitation measures to be conducted both 28 Rural Municipality of Marriott No. 317 Zoning Bylaw during and following the operation consistent with The Reclamation Guidelines for Sand and Gravel Operations provided by the Ministry of Environment. Those guidelines recommend that "reclamation practices should ensure a physical stabilization of the soils and achieve a sustainable land use so that the land may be returned to a productive state as soon as possible after the operation has completed", and that "reclamation operations should be carried out concurrently with extraction". (c) road maintenance measures and proposed truck routes, which may include a formal Road Maintenance Agreement with the Developer or Contractor. Council may impose requirements in addition to those set out above. Council may also require a performance bond by any person or company undertaking any work outlined in Section 3.5.2 (10) to ensure that the development is carried out in the manner specified. The amount of the performance bond is to be set at the discretion of Council. 3.6 DEVELOPMENT PERMIT APPLICATION PROCESS 3.6.1 The Development Officer shall review all applications for completeness and shall inform an applicant whose application is not complete of the information or documentation required to complete the application, and that the application will not be considered until it is complete. 3.6.2 The Development Officer may submit any application to Council for a decision on the interpretation of the bylaw, or on special conditions provided in the bylaw, and shall inform the applicant of this action. Council or the Development Officer may require the applicant to provide such further information as may be required to make a decision. 3.6.3 Upon completion of the review of a complete application for development, the Development Officer shall issue a development permit for a development that complies in all respects with the requirements of this Zoning Bylaw, the Official Community Plan and The Act. 3.6.4 Where an application is made for a development permit with respect to a development for a discretionary use which has been approved by Council, the Development Officer shall issue a development permit subject to any specified development standards prescribed by Council pursuant to Section 56(3) of The Act. 3.6.5 Every decision of the Development Officer with respect to an application for a development permit shall be in writing and a copy of the decision shall be sent to the applicant. 3.6.6 The Development Officer may revoke a development permit where: (1) the development permit has been issued in error; and/or, (2) an approved development is not being developed or operated in accordance with the provisions of this Zoning Bylaw, or in accordance with the standards and conditions specified in the development permit. 3.6.7 The Development Officer shall give the reasons for denying or revoking a development permit. Rural Municipality of Marriott No. 317 Zoning Bylaw 29 3.7 DISCRETIONARY USE APPLICATIONS 3.7.1 Discretionary Use Application Process (1) The following procedures shall apply to discretionary use applications: (a) Applicants must file with the Development Officer a development permit application, a site plan, any other plans and information as required by the Development Officer and pay the required application and public hearing fees; (b) The application will be examined by the Development Officer for conformance with the Official Community Plan, this Bylaw, and any other applicable policies and regulations; (c) The Development Officer may request comments from other government agencies where applicable; (d) The Development Officer will prepare a report concerning the application including recommendations that conditions be applied to an approval; (e) The Development Officer will set a date for the meeting at which the application will be considered by Council and will be given notice by ordinary mail to assessed owners of property within 75 metres of the boundary of the applicant's land; (f) In addition to the requirements set out in (e) above, the Development Officer shall advertise the proposed discretionary use by mailing a copy of a notice of the application to the assessed owner of each property within 1.6 kilometres of the proposed discretionary use for the following: (i) any new intensive livestock operation or expansion or alteration to an intensive livestock operation; (ii) kennels; (iii) wind energy facilities; (iv) commercial use in a residential district. (g) Council shall consider the application together with the report of the Development Officer, and any written or verbal submissions received by Council; (h) Council may reject the application or approve the application with or without conditions, including a condition limiting the length of time that the use may be conducted on site; and, (i) The Development Officer shall notify the applicant of Council's decision by ordinary mail addressed to the applicant at the address shown on the application form. 30 Rural Municipality of Marriott No. 317 Zoning Bylaw (j) Where an application for discretionary use is approved by resolution of Council, the Development Officer shall issue a development permit subject to any specified development standards prescribed by Council pursuant to Section 3.7.4 below. (k) Where an application for a discretionary use does not meet the zoning regulations for the applicable zoning district, the Development Officer shall: (i) advise the applicant that before the discretionary use can be considered by Council, the development permit application must be refused on the grounds of zoning non-compliance but that the applicant has the right to appeal. (ii) advise the applicant that if the appeal is granted, the discretionary use can then be considered by Council. (l) The Development Officers shall maintain a registry of the location and all the relevant details respecting the granting of the discretionary use approval. (2) Discretionary uses, discretionary forms of development, and associated accessory uses are subject to the development standards and applicable provisions of the zoning districts in which they are located. In approving any discretionary use to minimize land use conflict, Council may prescribe specific development standards related to: (a) site drainage of storm water; (b) the location of buildings with respect to buildings on adjacent properties; (c) access to, number and location of parking and loading facilities including adequate access and circulation for pedestrian and vehicle traffic; (d) appropriate space for vehicle line ups for drive through commercial facilities in order to reduce disruption of traffic flows on adjacent roadways; (e) control of noise, glare, dust and odour; (f) landscaping, screening, fencing, and preservation of existing vegetation to buffer adjacent properties; (g) the size, shape and arrangement of buildings, and the placement and arrangement of lighting and signs; (h) prescribed specific time limits for a use that is intended to be temporary or to allow Council to monitor the impact of a use on surrounding development; and (i) intensity of use. (3) Council's approval of a discretionary use application is valid for a period of twelve (12) months from the date of approval. An approval shall be deemed to be invalid if the proposed use or proposed form of development has not commenced within that time or if Rural Municipality of Marriott No. 317 Zoning Bylaw 31 the Council determines, within the twelve (12) month period, that the proposed development is not proceeding in accordance with the terms and conditions of its approval. The Development Officer shall advise the applicant and Council when a prior approval is no longer valid. (4) Council may direct that a discretionary use permit extension be granted for an additional twelve (12) month period by the Development Officer. (5) If an approved discretionary use or form of development ceases to operate for a period of twelve (12) consecutive months or more, the discretionary use approval shall no longer be valid. The Development Officer shall advise the owner and Council when a prior approval is no longer valid. (6) Where Council has approved a discretionary use for a fixed time, as provided in this Bylaw, and that time period has expired, that use of land and/or use of buildings on that land shall cease until such time as Council gives a new discretionary use approval and a new development permit is issued. 3.7.2 General Discretionary Use Evaluation Criteria Council will apply the following general criteria in the assessment of the suitability of an application for a discretionary use or discretionary form of development: (1) The proposal must be in conformance with all relevant sections of the Official Community Plan and Zoning Bylaw and must demonstrate that it will maintain the character, density and purpose of the zoning district where necessary through the provisions of buffer areas, separation and screening. (2) The proposal must be capable of being economically serviced by community infrastructure including roadways, water and sewer services, solid waste disposal, parks, schools, and other utilities and community facilities. (3) The proposal must not be detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity or injurious to property, improvements or potential development in the vicinity. 3.7.3 Terms and Conditions for Discretionary Use Approvals (1) Discretionary uses, discretionary forms of development, and associated accessory uses are subject to the development standards and applicable provisions of the zoning district in which they are located. In approving a discretionary use application, Council may prescribe specific development standards to minimize land use conflict with respect to: (a) site drainage of storm water; (b) the location of buildings with respect to buildings on adjacent property; (c) access to, number and location of parking and loading facilities including adequate vehicular access; (d) control of noise, glare, dust and odour; and, 32 Rural Municipality of Marriott No. 317 Zoning Bylaw (e) the size, shape and arrangement of buildings, and the placement and arrangement of lighting and signs to ensure compatibility with the height, scale, setbacks and design of buildings in the surrounding area, and with land uses in the general area. (2) Council may approve discretionary use applications for a fixed period of time where it is considered important to monitor and reevaluate the proposal and its conformance with the objectives of this Bylaw. (3) Prior to issuance of a development permit for the establishment of a gravel pit or gravel crushing operation, Council may require the developer to enter into an agreement, pursuant to Section 235 of The Act, to define the responsibilities of the operator and operation requirements. Any of the following criteria, along with any additional criteria in accordance with an agreement set by Council and the developer, may be prescribed in such an agreement: (a) Conditions respecting the operation of the pit or quarry; (b) Responsibilities of the developer and/or operator concerning the reclamation of the site; (c) The routing of trucks to and from the site; (d) The planting of trees on and/or near the site, and/or in another location to the satisfaction of Council; (e) The erection of fencing and signs; (f) The maintenance of municipal roadways; and/or, (g) The posting by the developer of a performance bond to guarantee adherence to the above or any other requirements that Council may specify. 3.7.4 Use Specific Discretionary Use Evaluation Criteria Council will apply the following use specific criteria to the assessment of the suitability of an application for a particular discretionary use or discretionary form of development. (1) Bus terminals and car / truck washes: (a) The location of the bus terminal or car wash will only be favourably considered where it can be demonstrated that the use and intensity is appropriate to the site and that it will have a minimal impact on the surrounding, adjacent areas. Consideration may be given, but is not limited to the following effects: (i) municipal servicing capacity; (ii) anticipated levels of noise, odour, smoke, fumes, dust, lighting, glare, vibration or other emissions emanating from the operation; and/or, Rural Municipality of Marriott No. 317 Zoning Bylaw 33 (iii) anticipated increased levels or types of vehicle traffic, unsafe conditions or situations for vehicles, cyclists, or pedestrians. (b) Bus terminals are also subject to 4.13.9 (above ground fuel storage tanks). (2) Community service uses, schools, educational facilities, clubs, places of worship, public and commercial recreation facilities: (a) Schools, clubs and places of worship should, where possible, be located on corner sites to facilitate access. (b) Public elementary and secondary schools should, where possible, be located adjacent to public open spaces. (c) The site should be accessible from a major road network to avoid heavy traffic volumes on residential access roads. (d) Consideration should be given to the location of entry and exit points of the site and their relationship with existing intersections and adjacent residential units. (e) Vehicle car parking and access areas should not form a dominant element in the streetscape. (3) Mineral and aggregate resource extraction industries: An application for excavating, stripping or grading of sand, gravel, clay or similar materials, such as gravel pits and gravel crushing operations, shall include the following documentation: (a) a plan showing the location of the area of the operation relative to the site boundaries, the depth of excavation, and the quantity of material to be removed; (b) a plan showing the distances to the adjoining land uses as listed in "Table 7 - Required Separation Distances Between Uses" of the Zoning Bylaw; (c) a description of the excavation, stripping or grading operation proposed; (d) a detailed timing and phasing program covering the time span of the proposed operation; (e) a description of reclamation and rehabilitation measures to be conducted both during and following the operation consistent with The Reclamation Guidelines for Sand and Gravel Operations provided by the Ministry of Environment. These guidelines recommend that "reclamation practices should ensure a physical stabilization of the soils and achieve a sustainable land use so that the land may be returned to a productive state as soon as possible after the operation has completed" and that "reclamation operations should be carried out concurrently with extraction"; (f) a description of the measures to be taken for the prevention and lessening of dust 34 Rural Municipality of Marriott No. 317 Zoning Bylaw and other nuisances during and after the operation; and, (g) road maintenance measures and proposed truck routes. Council may impose requirements in addition to those set out above. Council may also require a performance bond by any person or company undertaking any work outlined in Section 3.7.4 (4) to ensure that the development is carried out in the manner specified. The amount of the performance bond is to be set at the discretion of Council. Council shall enter into a formal Road Maintenance Agreement with the Developer or Contractor. (4) Livestock auction facilities and stockyards: (a) Shall be located at least 300 m from all residential and community service districts. (5) Ambulance stations: (a) The site shall be accessible from a major road network to avoid heavy traffic volumes on residential access roads. (b) Consideration shall be given to the location of entry and exit points of the site and their relationship with existing intersections and adjacent residential uses. (c) The character of adjacent residential uses shall be protected and maintained through the provision of buffer areas, separation distances and screening. (6) Auto body shops, construction trades and yards, transportation and trucking, freight handling facilities including railway, taxidermy and accessory tanning of hides, warehouses, manufacturing and processing, welding and machine shops, metal fabricators and storage yards: (a) The location of the use will only be favourably considered where it can be demonstrated that the use and intensity is appropriate to the site and that it will have a minimal impact on the surrounding adjacent areas. Consideration may be given but is not limited to the following effects: (i) municipal servicing capacity; (ii) anticipated levels of noise, odour, smoke, fumes, dust, lighting, glare, vibration or other emissions emanating from the operation; (iii) anticipated increased levels or types of vehicle traffic, unsafe conditions or situations for vehicles, cyclists or pedestrians; and / or (iv) utilization of hazardous substances. (b) All materials and goods used in conjunction with construction trades and manufacturing shall be stored within an enclosed building, or within an area hidden from view by screening; Rural Municipality of Marriott No. 317 Zoning Bylaw 35 (c) Warehouses and freight handling facilities shall be accessible from a major road network to avoid heavy traffic volumes on access roads. Consideration shall be given to the location of entry and exit points to the site and their interrelation with existing intersections or land constraints; and, (d) No outside storage is permitted for a wholesale establishment. (e) All manufacturing and assembly operations in conjunction with a light manufacturing plant shall be conducted within an enclosed building. (7) Asphalt and cement plants, gravel yards and coal yards: (a) The location of the use will only be favourably considered where it can be demonstrated that the use and intensity is appropriate to the site and that it will have a minimal impact on the surrounding adjacent areas. Consideration may be given but is not limited to the following effects: (i) municipal servicing capacity; (ii) anticipated levels of noise, odour, smoke, fumes, dust, lighting, glare, vibration or other emissions emanating from the operation; (iii) anticipated increased levels or types of vehicle traffic, unsafe conditions or situations for vehicles, cyclists or pedestrians; and / or (iv) utilization of hazardous substances. (8) Indoor storage rental facilities and recycling and collection depots: (a) The use shall be located, where practical, in a non-highly visible area, and screened to avoid any adverse visual impact. Landscaping and screening acceptable to Council shall be provided in all yards facing a public roadway or properties in residential use. (9) Campgrounds: (a) Wherever possible and appropriate, any existing trees and mature landscaping shall be retained; (b) Solid waste storage facilities (including adequate spaces for both recycling and general waste bins) shall be provided on-site, appropriately located, and screened or landscaped to avoid any adverse visual impact from the road and within the development. (c) There shall be adequate maneuvering space on-site; and, (d) The prevention of on-street congestion caused by the ingress and egress of vehicles shall be considered. (10) Golf courses: 36 Rural Municipality of Marriott No. 317 Zoning Bylaw (a) Consideration will be given to the compatibility of the golf course with adjacent land uses; (b) Insofar as possible, proposed golf courses shall respond to the natural topography and drainways of the site, and employ minimal clearing of native vegetation; (c) Buffers shall be provided to protect existing, adjacent neighbourhoods by mitigating the adverse impacts of sound, visibility and traffic; (d) Council will consider the following as an asset in the development of a golf course: (i) maximum use of existing landforms and native grasses and vegetation; (ii) an alternative water source to potable water; and, (iii) water conserving irrigation systems. (11) Intensive agricultural uses (excluding livestock) agricultural product processing, agricultural service and contracting establishments and agricultural equipment, fuel and chemical supply establishments: (a) The location of these agricultural uses will only be favourably considered where it can be demonstrated that the use and intensity is appropriate to the site and that it will have a minimal impact on the surrounding adjacent areas. Consideration may be given, but is not limited to, the following effects: (i) municipal servicing capacity; (ii) anticipated levels of noise, odour, smoke, fumes, dust, lighting, glare, vibration or other emissions emanating from the operation; (iii) anticipated increased levels or types of vehicular traffic, unsafe conditions or situations for vehicles, cyclists or pedestrians; and/or, (iv) utilization of hazardous substances. (12) Truck Stops: (a) An application for a truck stop shall provide documentation, to Council's satisfaction, as follows: (i) The submission of an engineering report confirming an adequate potable water supply and sewage disposal system. (ii) The submission of a traffic impact assessment, prepared by a professional engineer and satisfactory to the Ministry of Highways and Infrastructure, detailing level of service impacts and necessary infrastructure improvements. (13) Junk and salvage yards and auto wreckers: Rural Municipality of Marriott No. 317 Zoning Bylaw 37 (a) Junk and salvage yards and auto wreckers shall be enclosed by an opaque or solid perimeter fence at least 2.0 metres in height, and not more than five metres in height, with no material piled higher than the height of the perimeter fence; and, (b) The perimeter fence shall not be located in the required front yard. The required front yard shall be used for no other purpose than landscaping and necessary access driveways to the site. (14) Hotels and motels: (a) The prevention of on-street congestion caused by the ingress and egress of vehicles shall be considered. (b) The site should be accessible from a major road network to avoid heavy traffic volumes on residential access roads. (c) Consideration should be given to the location of entry and exit points of the site and their relationship with existing intersections and adjacent residential units. (15) Accessory dwelling units: (a) Dwelling units shall be attached to the commercial or industrial establishment and shall have a main entrance separate from that of the principal establishment. An emergency exit must be provided in addition to the main entrance; and, (b) The minimum floor area of each dwelling unit shall be 28 square metres. (c) Vehicle car parking and access areas should not form a dominant element in the streetscape. (16) Intensive Livestock Operation's (ILO's) (a) Intensive livestock operations involving 300 animal units or more will be permitted subject to the discretion of Council in accordance with the requirements contained herein. An expansion of an operation to provide for a greater number of animal units than the maximum number specified in the initial discretionary use approval, or any change in an operation which alters the species of animal reared, confined or fed in the operation, shall require a new discretionary approval. An application for an intensive livestock operation shall provide the following documentation to Council's satisfaction: (i) that the water supply is sufficient for the development and the supply for neighbouring developments will not be adversely affected by the proposed operation; (ii) of proposed methods of manure management, including on-site storage or stockpiling, transportation, and spreading, incorporation or disposal; (iii) of proposed odour management and control measures, including proposed odour management and control related to earthen manure 38 Rural Municipality of Marriott No. 317 Zoning Bylaw storage facilities and liquid manure lagoons, and odour management and control measures related to the ventilation of hog or poultry barns; (iv) of the location and extent of sufficient lands to use for the spreading of manure from an ILO, as well as proposals for the annual confirmation of the continues availability of lands; (v) of the proposed methodology for monitoring on-site and neighbouring wells for water quality and quantity purposes after the ILO has begun operation, and for reporting on same to Council; and, (vi) with applications for wild boar operations, of a containment plan be submitted, setting out in detail the techniques and methods to be used to keep wild boars. The containment plan shall also contain a contingency plan that sets out in detail how the operator will deal with escaped wild boar. (b) Council may require an applicant to utilize manure management practices or other technology that conventional stockpiling and spreading. (17) Cannabis Production Facilities: (a) The location of cannabis production facilities will only favourably be considered where it can be demonstrated that the use and intensity of use is appropriate to the site and that it will have minimal impact on the surrounding, adjacent areas of the Municipality. Consideration may be given, but is not limited to, the following effects: (i) municipal servicing capacity; (ii) anticipated levels of noise, odour, smoke, fumes, dust, lighting, glare, vibration or other emissions emanating from the operation; (iii) anticipated increased levels or types of vehicle traffic, unsafe conditions or situations for vehicles, cyclists or pedestrians; and (iv) utilization of hazardous substances. (18) Cannabis Retail Stores: (a) The location of cannabis retail stores will only favourably be considered where it can be demonstrated that the use and intensity is appropriate to the site and that it will have a minimal impact on the surrounding, adjacent areas, particularly residential areas. 3.8 VALIDITY OF A DEVELOPMENT PERMIT 3.8.1 If development authorized by a development permit is not commenced within twelve (12) months of the date of issue, the permit ceases to be valid. 3.8.2 A development permit extension may be granted for an additional twelve (12) month period by the Development Officer. Rural Municipality of Marriott No. 317 Zoning Bylaw 39 3.9 AMENDING THE ZONING BYLAW 3.9.1 Any person seeking to amend this Zoning Bylaw may submit an application for such amendment and, upon payment of the required fee, the Development Officer shall refer such application to Council for consideration. 3.9.2 Council may authorize an amendment to a Zoning Bylaw, and that amendment shall be adopted by bylaw. 3.9.3 Sections 206 - 212 of The Act, shall govern the process to be followed with respect to public notice and public participation in the adoption of a bylaw proposed to amend this Zoning Bylaw. 3.10 DEVELOPMENT APPEALS BOARD 3.10.1 Council shall appoint a Development Appeals Board in accordance with Sections 49(j) and 213 to 227 of The Act. 3.10.2 A person who wishes to appeal to the Development Appeals Board shall, within 30 days of the date of issuance of or refusal to issue a development permit, file a written notice of intention to appeal, and the appeal fee, with the secretary of the Development Appeals Board. 3.10.3 A person whose application for a discretionary use or development has been approved with prescribed development standards may appeal any development standards considered excessive, to the Development Appeals Board. 3.10.4 An appellant shall make the appeal within 30 days of the date of the issuance of, or refusal to issue, a development permit. 3.10.5 Nothing in this section authorizes a person to appeal a decision of the council: (1) refusing to rezone land; or, (2) rejecting an application for approval of a discretionary use. 3.10.6 In making an appeal to the Development Appeals Board, and hearing such appeal, the provisions of The Act shall apply. 3.11 MINOR VARIANCES 3.11.1 Council may grant a variance of up to 10% of any yard requirement or minimum required distances between buildings for a use that conforms to this bylaw. All such variances shall be subject to the conditions and granted in accordance with the procedures contained in Section 60 of The Act. 3.11.2 Council shall maintain a registry of the location and all relevant details of the granting of such variances. 40 Rural Municipality of Marriott No. 317 Zoning Bylaw 3.12 FEES 3.12.1 Amendment of the Zoning Bylaw In addition to an application fee, where a person requests Council to amend the Zoning Bylaw, that person shall pay to the municipality a fee equal to the costs associated with the public advertisement of the proposed amendment and the costs associated with providing direct written notice to owners of land that is the subject of the proposed amendment. 3.12.2 Application fees (1) An applicant for a development permit shall pay an application fee in accordance with the following: (a) Permitted principal use: $25.00 (b) Permitted non-farm accessory use: $25.00 (c) Permitted ancillary use: $25.00 (d) Permitted oil & gas development: $100.00 (e) Discretionary principal use: $100.00 (f) Discretionary accessory use: $100.00 (g) Discretionary ancillary use: $100.00 (h) Discretionary oil & gas development: $200.00 (i) Development Appeal Fee: up to $50.00 as specified by the Development Appeals Board These fees shall be in addition to any fee required by Section 3.12.1 above. (2) Detailed review costs: (a) General: Where a development or subdivision proposal involves a detailed RM review, a plan or Zoning Bylaw Amendment, a development agreement, a servicing agreement, detailed development conditions, liability insurance, performance bonds, caveats, or RM legal and professional planning advice, Council may require the applicant pay the full cost of the additional application review and administration costs, as Council may determine by resolution. (b) Items: Such costs may include Council meetings, RM legal and professional planning costs, municipal administration fees and RM site inspection fees, as determined by Council. (c) Documentation: Such costs may be addressed and clarified in the RM Council specified documents, including development and servicing agreements. (3) Where a person applies to Council to amend the Zoning Bylaw, that person shall pay to the municipality the following application fees, where applicable: (a) Text amendments: $200 (b) Map amendments (see table below): Class 1 Districts: A, Class 2 Districts: C1, M1, Class 3 Districts: CR1, CR2, H Rural Municipality of Marriott No. 317 Zoning Bylaw 41 Zoning Map Amendments To Class 1 Class 2 Class 3 From Class 1 $200 $400 $800 Class 2 $200 $400 $800 Class 3 $200 $200 $600 Where an application to amend the Zoning Bylaw involves amendment within two or more of the above categories the sum of the amendment fees shall apply for all categories. These fees shall be in addition to any fee required by Section 3.12.1 above. 3.13 ZONING BY AGREEMENT 3.13.1 A zoning designation which is subject to an agreement entered into pursuant to the provisions of Section 69 of The Act and Section 5.1.4 of the Official Community Plan, shall be indicated on the Zoning District Map by the addition of the bylaw number authorizing the agreement after the zoning district designation. 3.14 OFFENCES AND PENALTIES 3.14.1 Pursuant to Section 242 of The Act, the Development Officer may inspect any development suspected of contravening The Act, or any regulation or bylaw made pursuant to The Act. If it is determined that a contravention exists, the Development Officer may notify the owner in writing and instruct the owner to correct the contravention within a set time period. If for any reason the contravention has not been corrected within that time, the Development Officer may extend the time period or issue a zoning compliance order pursuant to Section 242(4) of The Act to achieve bylaw conformance. 3.14.2 Any person who violates this Bylaw is guilty of an offence and is liable, on summary conviction, to the penalties provided by Section 243 of The Act. 42 Rural Municipality of Marriott No. 317 Zoning Bylaw Rural Municipality of Marriott No. 317 Zoning Bylaw 43 4 GENERAL REGULATIONS Except as noted, the following regulations shall apply to all zoning districts in this bylaw: 4.1 FRONTAGE ON THE ROAD A development permit shall not be issued unless the site intended to be used, or upon which a building or structure is to be erected, abuts, or has frontage on a graded all-weather registered road, or unless satisfactory arrangements have been made with Council for the improvement or building of a road, where required. A subdivision shall not be supported unless the proposed severance to be used, or upon which a building or structure is to be erected, abuts, or has frontage on a graded all-weather registered road, or unless satisfactory arrangements have been made with Council for the improvement or building of a road, where required. 4.2 DEVELOPMENT ON HAZARD LANDS 4.2.1 Where a proposed development of a building is to be located on land considered by Council to be potentially hazardous, including but not limited to a wetland, water body or watercourse where flooding may occur, the lands shall be deemed "hazardous" and Council shall require the applicant to submit sufficient topographic information to determine if the development will be within 50 metres of: (1) any slope(s) that may be unstable; (2) any river or stream flood plain; (3) any other land that may be subject to flooding; and/or, (4) contaminated sites. 4.2.2 Council may require that before a permit may be issued, the applicant shall submit a report prepared by a professional competent to assess the suitability of the site for a development described in Section 4.2.1, and which in the opinion of Council, shows that the proposed site and development is suitable with respect to the following where relevant: (1) the potential for flooding up to the Safe Building Elevation, to be determined from specific site investigations, or where not involving any building, such lower elevation as may be suitable for the proposed use; (2) the potential for slope instability; and/or (3) the required mitigation measures for construction on areas of high water tables, in slopes or on contaminated sites if any. 4.2.3 Actions identified in an assessment prepared pursuant to Section 4.2.2 which prevent, change, mitigate or remedy hazards in lands deemed hazardous may be incorporated as conditions to issuance of any development permit that may be issued. Council shall refuse a permit for any 44 Rural Municipality of Marriott No. 317 Zoning Bylaw development for which, in Council's opinion, the proposed actions are inadequate to address the adverse effects or will result in excessive municipal costs. 4.3 BUILDING TO BE MOVED 4.3.1 No building shall be moved within, or into, the municipality, without first obtaining a development permit, except as provided in Section 3.3, from the Development Officer. 4.4 WASTE DISPOSAL 4.4.1 No development or use of land which requires sewage disposal or landfill facilities shall be permitted unless those facilities are approved by the Regional Health Authority and/or Saskatchewan Environment. Disposal of liquid, solid, or gaseous waste shall be governed by Acts administered by the Departments of Agriculture and Food, Environment, Health and the Saskatchewan Watershed Authority. 4.5 WATER 4.5.1 No development or use of land shall be permitted where the proposal will adversely affect domestic and municipal water supplies, or where a suitable, potable water supply cannot be furnished to the requirements of the Regional Health Authority and/or the Saskatchewan Water Security Agency. 4.6 STORAGE OF CHEMICALS, FERTILIZERS AND COMBUSTIBLE MATERIALS 4.6.1 The storage of chemicals, fertilizers and combustible materials are subject to the requirements of both the federal and provincial governments. All necessary approvals from other regulatory agencies must be obtained prior to issuance of a development permit. Development permit conditions may include the requirement that all permits or licenses required by other regulatory agencies be obtained before development proceeds. 4.7 ONE PRINCIPAL BUILDING PERMITTED ON A SITE 4.7.1 Not more than one principal building shall be permitted on any one site except for: (1) public works; (2) institutional uses; (3) agricultural uses; (4) shopping centres; (5) dwelling groups; (6) manufactured homes in manufactured home courts; (7) recreation facilities; (8) schools; (9) hospitals; (10) municipal facilities; (11) communal dwellings; and, (12) ancillary uses. Rural Municipality of Marriott No. 317 Zoning Bylaw 45 4.8 NON-CONFORMING BUILDINGS, SITES AND USES 4.8.1 The adoption or amendment of this bylaw does not affect non-conforming buildings, sites and uses. 4.8.2 The provisions of The Act, Sections 88 to 93 inclusive, shall apply to all non-conforming buildings and uses. 4.8.3 Non-conforming buildings or sites may continue to be used, maintained and repaired in their present form. 4.9 MANUFACTURED HOMES 4.9.1 Wherever a single detached dwelling is allowed it may be in the form of a manufactured dwelling subject to Section 4.9.2. 4.9.2 Every manufactured home shall bear CSA A277 certification, or a replacement thereof, and shall be attached to a permanent foundation, or securely anchored to the ground and skirted, prior to occupancy. 4.10 PUBLIC WORKS, PIPELINES AND FACILITIES OF THE MUNICIPALITY 4.10.1 Public works and facilities of the Municipality, except solid and liquid waste disposal sites, shall be permitted uses in every zoning district, and unless otherwise specified by this bylaw, no minimum site or yard requirements shall apply. 4.10.2 Where a pipeline or other utility or transportation facility will cross a municipal road, Council may apply such special design standards as it considers necessary to protect the municipal interest in the existing and future improvements to the road. 4.11 VEHICLE STORAGE 4.11.1 Notwithstanding anything contained in this Bylaw, no person shall use any site in any country residential or hamlet district for the parking or storage of more than one (1) unlicensed vehicles outside of an enclosed building. 4.11.2 Sections 4.11.1 shall not apply to permitted machinery or automotive salvage yards, auction markets or agricultural implement, recreational vehicle, automobile, marine and manufactured home sales and service establishments. 4.11.3 Council may require that such vehicles be screened from roadways or neighbouring properties by landscape features or fences or a combination thereof. 46 Rural Municipality of Marriott No. 317 Zoning Bylaw 4.12 MANURE DISPOSAL 4.12.1 The use of agricultural land for the disposal and recycling of manure produced by an approved intensive livestock operation is permitted subject to the following regulations: (1) Manure spreading shall not occur within the required separation distances prescribed in Table 7-1. (2) Liquid manure shall be spread by direct injection into the soil. (3) Solid manure shall be incorporated into the soil within 24 hours. (4) Manure (solid nor liquid) shall not be spread on ground that is frozen or covered in frost or snow. 4.12.2 Upon application to Council, other procedures for disposal of manure may be approved where the applicant establishes to the satisfaction of Council that the objectives of the Official Community Plan will be achieved to a similar or better standard. Council may specify a limited time during which the approval will be valid. 4.12.3 Council may exempt in whole or in part an applicant from this section where each of the following are true: (1) the manure will be spread on land owned by the operator of the ILO and will not have a negative impact in neighbouring properties, groundwater, or natural areas; and, (2) adverse weather conditions prevent the incorporation of manure in which case incorporation of the spread manure may be delayed until weather conditions permit. 4.13 SPECIAL STANDARDS AND REGULATIONS 4.13.1 Accessory Uses, Buildings and Structures (1) Accessory uses and buildings shall be subordinate to, and located on the same site at the principal building or use, and used in conjunction with that principal use. (2) Time of Construction: Accessory buildings shall not be constructed or placed on any site prior to the construction of the principal building except in the following instance: (a) Where a Development Permit has been issued for a principal building, Council may, at its discretion, allow prior development of an accessory building where such building is required for the storage of construction material or equipment. If the principal building is not completed in the time period required, the accessory building is to be removed. (3) Height of Accessory Buildings: (a) Residential and Hamlet Districts: Rural Municipality of Marriott No. 317 Zoning Bylaw 47 (i) Detached accessory buildings in any hamlet district are not to exceed the height of the principal dwelling, and in no case shall an accessory building exceed a height of 5 metres. (ii) Detached accessory buildings in any country residential development district: No height restrictions. (b) Agricultural, Commercial and Industrial Districts: (i) Detached accessory buildings in any agriculture district, commercial district or industrial district: No height restrictions. (4) Area of Accessory Buildings: The floor area off all principal and accessory buildings on a site shall not exceed the maximum site coverage, where required. (a) Residential Districts: (i) Detached accessory buildings in any country residential development district: No area restrictions. (b) Agricultural, Commercial and Industrial Districts: (i) Detached accessory buildings in any agriculture district, commercial district or industrial district - no area restrictions. (c) Where this bylaw specifies the maximum building floor area for accessory buildings, that area shall mean the combined building floor area of all accessory buildings on site. (5) Location of Accessory Buildings: (a) Residential and Hamlet Districts: Detached accessory buildings in country residential district are subject to the following regulations: (i) Front Yard: minimum - 6 metres (ii) Rear Yard: minimum - 1.5 metres (iii) Side Yard: minimum - 1.5 metres (b) Agricultural, Commercial and Industrial Districts: Detached accessory buildings in any agricultural or commercial district are subject to the following regulations: (i) Front Yard: minimum - same as principal use 48 Rural Municipality of Marriott No. 317 Zoning Bylaw (ii) Rear Yard: minimum - same as principal use, except campgrounds, outfitter base camps, and tourist camps where the minimum shall be 4.5 metres and manufactured home courts where the minimum shall be 7.5 metres (iii) Side Yard: minimum - same as principal use, except campgrounds and tourist camps where the minimum shall be 4.5 metres and manufactured home courts where the minimum shall be 7.5 metres (6) Accessory dwelling units shall only be permitted to accommodate: (a) a farm dwelling as a residence for an operator, or for employees and/or partners engaged in farm operation, intensive livestock operation, or intensive agricultural operation. Additional dwelling units may be allowed subject to discretionary use approval, by a resolution of Council, if accessory to a legitimate agricultural operation and if it is intended to accommodate farm workers, to a maximum of 3 additional dwellings. The granting of a development permit by Council for an additional farm dwelling(s) shall not be construed, in any way, as consent or approval for future subdivision. (b) a business dwelling as a residence for an operator, manager, an employee and/or partner engaged in a commercial or industrial operation in a commercial or industrial zoning district, subject to the following provisions: (i) the dwelling unit must be physically attached to the primary building where commercial or industrial operations are underway; (ii) the business dwelling shall have a main entrance separate from that of the commercial or industrial establishment; (iii) an emergency exit must be provided in addition to the main entrance; and (iv) the minimum floor area of each dwelling unit shall be 28 square metres. (c) a temporary construction camp, tool shed, scaffold or other such building or other such temporary work camp which is incidental to construction and provided it is located on the site where such work is underway and provided that it shall be removed from the site within 60 days of completing the work. (d) a garden suite, subject to the following provisions: (i) Garden suites shall be constructed at grade and without a basement. (ii) Manufactured homes, subject to all wheels and axles being removed, may be used as garden suites in the A - Agriculture District; they shall not be used as garden suites in any other zoning district. (iii) Services: a. Water and Sewer: Rural Municipality of Marriott No. 317 Zoning Bylaw 49 A garden suite shall be connected to the water and sewer service of the principal residential buildings. b. Other Services: All other services (cable, electrical, natural gas, telephone) may have separate connections or connect to those services of the principal residential building. (e) Communal dwelling(s) as residences for colonies, engaged in a farm operation, intensive livestock operations, or intensive agricultural operations, subject to the following provisions: (i) All dwelling(s) must be located on a site conforming to all requirements of the Zoning Bylaw. (ii) Utilities, including sewage disposal systems, must meet provincial standards. (7) Rental Suites: A Rental Suite may be attached as a discretionary use to any Single Detached Dwelling in any zoning district, subject to approval of a Building Inspector hired or contracted by the Rural Municipality. Rental Suites are subject to the following requirements: (a) Cooking facilities, food preparation, sleeping and sanitary facilities within the structure and which are physically separate from those of the principal dwelling. (b) The suite also has an entrance separate from the entrance to the principal dwelling, either from a common indoor landing or directly from the side or rear of the structure. 4.13.2 Campgrounds and Tourist Camps (1) The applicant for a development permit for a campground or tourist camp shall provide the Development Officer with a plan of the site, identifying any buildings, uses of land and the location of all roadways and recreation vehicle or tent campsites sites with dimensions. The addition or rearrangement of sites, the construction or moving of buildings, the material change in use of portions of land, or the filling or clearing of land shall require a development permit, and the applicant shall submit for approval an amended plan incorporating the proposed development. (2) A campground or tourist camp shall have, within its boundaries, a buffer area abutting the boundary of not less than 4.5 metres in width, which shall contain no buildings. (3) A site for each recreation vehicle and campsite permitted in the campground or tourist camp shall be designated and clearly marked on the ground. (4) Each site shall have a minimum area of 150 square metres. 50 Rural Municipality of Marriott No. 317 Zoning Bylaw (5) No portion of any campsite shall be located within an internal roadway or required buffer area. (6) Each site shall have direct and convenient access to a developed internal roadway, which shall not be located in any required buffer area. (7) Each recreation vehicle shall be located at least 4.5 metres from any other recreation vehicle and each site shall have dimensions, location and orientation sufficient to allow for such location of recreation vehicles. (8) The space provided for roadways within a campground or tourist camp shall be at least 7.5 metres in width. No portion of any site, other use or structure shall be located in any roadway. (9) A campground or tourist camp may include, as an ancillary use, a laundromat or a confectionary designed to meet the needs of occupants of the sites and a one unit dwelling for the accommodation of the operator. (10) No recreation vehicle shall be stored on any campsite when the campground is not open. (11) The Public Health Act, and regulations passed thereunder, shall be complied with in respect of all operations and development of campgrounds. 4.13.3 Manufactured Home Courts (1) Manufactured home courts shall have, within their boundaries, a buffer area abutting the boundary which shall: (a) have a minimum depth of not less than 7.5 metres in width, which shall contain no buildings or structures. (b) not contain any roads, except those which connect a public roadway to the road system within the manufactured home court. (2) Each manufactured home site permitted in a manufactured home court shall be designated and clearly marked on the ground. (3) Each manufactured home site shall have a minimum area of 379.8 square metres. (4) No portion of any manufactured home site shall be located within an internal roadway or required buffer area. (5) Each manufactured home site shall have direct and convenient access to a developed internal roadway, which shall not be located in any required buffer area. (6) Each manufactured home shall be located at least 4.5 metres from any other manufactured home and each manufactured home site shall have dimensions, location and orientation sufficient to allow for such location of manufactured homes. (7) The space provided for roadways within a manufactured home court shall be at least 7.5 Rural Municipality of Marriott No. 317 Zoning Bylaw 51 metres in width. No portion of any manufactured home site, other use or structure shall be located in any roadway. (8) A manufactured home court may include, as an ancillary use, a laundromat or a confectionary designed to meet the needs of occupants of the manufactured home court and a one unit dwelling for the accommodation of the operator. (9) The Public Health Act, and Regulations passed thereunder, shall apply to all operations and development of manufactured home courts. 4.13.4 Public Works in the Form of Solid and Liquid Waste Management or Disposal Facilities (1) Development and maintenance of a public work in the form of a solid or liquid waste disposal facility will be subject to the following special standards: (a) A buffer strip containing trees, shrubs or a berm shall be located surrounding a lagoon or sanitary landfill disposal area. (b) Any solid or liquid waste disposal facility shall be fenced. (c) Adequate precautions shall be taken to prevent pollution of ground water by disposal operations. (d) Solid waste disposal facilities shall be located in proximity to a provincial highway and adjacent to an all-weather road. (e) The development of any new disposal sites shall take into consideration direction of prevailing winds. (f) Further regulation of solid waste disposal sites may be achieved by adoption and administration of a Waste Management Bylaw. 4.13.5 Bed and Breakfast Homes and Vacation Farms (1) Bed and breakfast homes and vacation farms shall be subject to the following requirements: (a) Vacation farms shall be ancillary to an agricultural operation and may include bed and breakfast, cabins and overnight camping areas. (b) Bed and breakfast operations shall be located in, and ancillary to, a single detached dwelling used as the operator's principal residence developed as a farm operation site or country residence (c) Only one sign, not exceeding 1.5 square metres in sign face area, advertising the vacation farm or bed and breakfast home, and located on-site, is permitted. (d) Vacation farms and bed and breakfast homes shall be licensed pursuant to The Public Health Act, where tourist accommodations require health approval. 52 Rural Municipality of Marriott No. 317 Zoning Bylaw (e) Council may specify a maximum number of bedrooms, cabins or camping sites, or combination thereof, as a special standard in the issuing of a discretionary approval for a bed and breakfast home or vacation farm application. 4.13.6 Custodial Care Facilities and Residential Care Facilities (1) Custodial care facilities and residential care facilities may be approved as an accessory use or as a principal use. (2) In any residential district, 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. (3) Required parking spaces shall not be located in a required front yard. (4) No building or structure used for the purpose of a custodial care facility or a residential care facility shall be used for the purpose of keeping boarders or lodgers. (5) In addition to the development standards of the zoning district, custodial care facilities and residential care facilities that are listed as discretionary uses shall be reviewed and approved in accordance with Section 3.7. 4.13.7 Service Stations (1) Fuel pumps and other apparatus for dispensing or storage of fuel, located all or partly above grade level, shall be at least 6 metres from a site line. (2) All automobile parts, dismantled vehicles and similar articles or equipment are to be stored within a building. (3) Where service stations occupy a corner site, only one access point shall be on the flanking street. 4.13.8 Gas Bars (1) Where operated as the principal use on a site, gas bars are subject to the regulations and standards for service stations. (2) Where a gas bar is allowed to operate in conjunction with another use on a site, the following standards and regulations apply: (a) All fuel pumps and above ground storage tanks shall be at least five metres from any building on the site, and 6 metres from any site line. (b) The site shall have at least two separate entrances for vehicles, at least 15 metres apart. (c) Access to, and parking for, fuel dispensing apparatus shall not obstruct access to the site, or other required off street parking spaces on the site. Rural Municipality of Marriott No. 317 Zoning Bylaw 53 4.13.9 Above Ground Fuel Storage Tanks (1) Above-ground fuel storage tanks which meet the standards of the National Fire Code may be permitted in association with service stations, gas bars and other permitted industrial or commercial uses where the dispensing of fuel to vehicles is a standard aspect of the use. (2) The total storage capacity for above-ground fuel storage tanks on any single service station or gas bar shall not exceed the regulations and requirements set out by the National Fire Code. (3) Above-ground fuel storage tanks shall be: (a) located at least 3 metres from any property line or building; however, for uses other than gas bars and service stations, the 3 metre separation distance may be reduced to 1 metre for tanks with a capacity of 5,000 litres or less. (4) Notwithstanding subsection (2) above, above ground fuel storage tanks associated with a gas bar or service station shall be: (a) located at least 6 metres from any property line or building. (b) at least 15 metres from the boundary of any site within a Residential district. (5) The dispensing equipment associated with above-ground fuel storage tanks shall be located at least 3 metres from any property line, at least 7.5 metres from any open flame or other ignition source, and at least 4.5 metres from any door or window. (6) Notwithstanding (4) above, above ground fuel storage tanks associated with a gas bar or service station shall be located at least 6 metres from any property line, at least 7.5 metres from any open flame or other ignition source, and at least 4.5 metres from any door or window. (7) Above-ground fuel storage tanks shall be protected from vehicles with suitable posts, guardrails or other similar means. 4.13.10 Home Based Businesses and Farm Based Businesses (1) Home based businesses and farm based businesses shall be subject to the following development standards: (a) The use is clearly ancillary to the use of a farm as an agricultural operation or the dwelling unit as a private residence. (b) The operator of the business is a resident of the dwelling unit and, in the case of a farm based business only, up to five (5) non-resident employees may be employed at the site. Any employee shall be directly under the hire and management of the operator of the business. Where the business is a building or service contractor, additional employees may be involved only at the client building site. 54 Rural Municipality of Marriott No. 317 Zoning Bylaw (c) No variation in the residential or residential farm character and appearance of the dwelling, ancillary residential building, or land shall be permitted. (d) The permitted use shall be valid only during the period of time the property is occupied as a residence of the applicant for such permitted use. (e) All permits issued for home based businesses shall be subject to the condition that the permit may be revoked at any time if, in the opinion of Council, the conditions under which the permit was originally issued are no longer met. 4.13.11 Outfitter Base Camps and Tourism Base Camps (1) All outfitter base camps shall be located at least 305 metres from a dwelling unit that is not part of the operation. (2) All accommodation provided in conjunction with outfitter base camps and tourism base camps shall comply with The Public Health Act, and Regulations passed thereunder. (3) Council may establish standards limiting the total number of guests and guest rooms, and the location of buildings and accessory activities as a condition of issuing a discretionary use permit for outfitter base camps and tourism base camps. Any increase in the number of guests or guest rooms shall require a new discretionary approval. (4) Outfitter base camps and tourism base camps may be ancillary to an agricultural operation for which a permit has been issued and located on the same site. (5) A use that is established as an ancillary use to an agricultural operation shall cease to be permitted when the operator ceases to be a resident on the site. 4.13.12 Dugouts, Sewage Lagoons and Manure Storage Pits (1) Dugouts, sewage lagoons and manure storage pits shall maintain a minimum separation distance of 15 metres from the legal boundaries of the surface parcel on which they are situated. (2) Dugouts may not be dug within 38 metres of an established dugout. 4.13.13 Kennels (Boarding and Breeding) (1) An outdoor area must be provided for animals to run free, without being chained, in an area enclosed by a fence which provides safety for the animals and neighbours to the satisfaction of Council. (2) Outdoor animal enclosures may not be located in front yards. 4.13.14 Auction Markets (1) Outside storage shall not be permitted at auction markets except for the display of motor vehicles, farm machinery, and heavy farm equipment. Rural Municipality of Marriott No. 317 Zoning Bylaw 55 (2) Council may require that additional parking spaces be provided for auction markets. (3) Temporary storage and accessory repair of goods and materials to be sold shall be permitted. (4) Wrecking, destruction or dismantling of goods and materials shall not be permitted. 4.13.15 Truck Stops (1) Truck stops shall not be constructed within 300 metres of a school, education facility, playground, library or place of worship. (2) The minimum width of a driveway in a truck stop shall be 9.2 metres. (3) No more than two access driveways shall connect a truck stop to any street. (4) Gas bars on the site of a truck stop shall comply with Sections 4.13.8 and 4.13.9. (5) Above ground fuel storage tanks shall comply with Section 4.13.9. 4.13.16 Satellite Dishes and Solar Collectors (1) The installation and operation of a free standing satellite dish or solar collector, and their supporting structures shall be permitted in all zoning districts, subject to the following: (a) in any District such structures shall not be located in any front yard, side yard and in the case of a corner site, in any portion of the rear yard which is within three (3) metres of the side property line adjacent to a flanking street unless it is screened from the flanking street to the satisfaction of the Development Officer; (b) in any District such structures, if freestanding, shall not exceed a height of ten (10) metres above grade level; (c) in any District such structures if attached to a principal building, shall not exceed a height of ten (10) metres above the lowest elevation of: roof surface of a flat roof; the decking of a mansard roof; and the eaves of a gable, hip or gambrel roof; and, (d) in any District such structures, if attached to or erected upon an accessory building, shall not exceed the maximum permitted height of the accessory building upon which such structure is attached or erected. 4.13.17 Wind Energy Facilities (one turbine) (1) Wind energy facilities shall be accommodated as a discretionary use in each zoning district in this Bylaw, either as an accessory use to an established principal use on a site or as the principal use of a site. The following standards apply to wind energy facilities: (a) Wind turbines are limited to a maximum height of 50 metres. 56 Rural Municipality of Marriott No. 317 Zoning Bylaw (b) Wind turbines are limited to a maximum name plate capacity of 100kW. (c) The setback of a wind turbine to any public road right of way and railway right of way that existed on the day the proponent submitted an application to the Municipality to construct, install or expand the wind energy facility, shall be greater than or equal to the height of the wind turbine, (d) The setback of a wind turbine to any property boundary of a Non-Participating Noise Receptor that existed on the day the proponent submitted an application to the Municipality to construct, install or expand the wind energy facility, shall be greater than or equal to the height of the wind turbine. (e) Council may approve a lesser separation where the applicant submits a copy of the agreement between the developer of a wind turbine and the Non- Participating Noise Receptor, agreeing to a lesser separation. Such agreements must contain the provision that parties to the agreement will register an interest on the titles of the affected land. Where such agreements are made, Council shall be a party to the agreement and may use Section 235 of The Act to register and interest to the title(s) of the affected lands. (2) Council will evaluate Discretionary Use applications for single wind turbines with the following criteria. Wind turbines shall be located in a manner in which they are separated from the nearest non-participating noise receptor in the following way: (a) Wind turbines with a rotor diameter between 0.1 m and 5.0 m: 100 metre separation distance; (b) Wind turbines with a rotor diameter between 5.01 and 12.5 m: 250 metre separation distance; and (c) Wind turbines with a rotor diameter greater than 12.5 m: 350 metre separation distance. 4.13.18 Wind Farms (two or more turbines) (1) Wind Farms shall be accommodated as a discretionary use in the A - Agriculture District, either as an accessory use to an established principle use on a site or as the principle use of a site. The following standards apply to Wind Farms: (a) Wind turbines are limited to a maximum height of 50 metres. (b) Wind turbines are limited to a maximum name plate capacity of 100kW. (c) The setback of a wind turbine to any public road right of way and railway right of way that existed on the day the proponent submitted an application to the Municipality to construct, install or expand the wind energy facility, shall be greater than or equal to the height of the wind turbine, (d) The setback of a wind turbine to any property boundary of a Non-Participating Noise Receptor that existed on the day the proponent submitted an application to the Municipality to construct, install or expand the wind energy facility, shall be Rural Municipality of Marriott No. 317 Zoning Bylaw 57 greater than or equal to the height of the wind turbine. (e) Council may approve a lesser separation where the applicant submits a copy of the agreement between the developer of a wind turbine and the Non-Participating Noise Receptor, agreeing to a lesser separation. Such agreements must contain the provision that parties to the agreement will register an interest on the titles of the affected land. Where such agreements are made, Council shall be a party to the agreement and may use Section 235 of The Act to register and interest to the title(s) of the affected lands. (2) Council will evaluate Discretionary Use applications for Wind Farms with the following criteria: (a) In addition to the criteria outlined in Section 4.13.17 (2), Wind Farms shall be separated from the nearest non-participating noise receptor by a distance of 550 metres. 4.13.19 Dwelling Groups and Communal Dwellings (1) Dwelling groups are subject to the following additional standards: (a) The minimum side yard shall be measured from the closest main wall of the principal building closest to the side site line. (b) All principal buildings forming part of the group shall be located from any other principal building in the group at a distance that meets The National Building Code of Canada and The National Fire Code of Canada. (c) Council may apply special development standards regarding "yard requirements" to reduce conflict with neighbouring uses. 4.13.20 Temporary Work Camps (1) Temporary work camps shall be temporary and permitted only for a period not exceeding one (1) year as negotiated by Council. (2) The site shall be left in the condition agreed upon in the Development Permit, after the occupancy period. 4.13.21 Transloading Facilities for Oil and Gas Resources Transloading facilities for Oil and Gas Resources shall be subject to the following requirements: (1) In addition to any other information required by Council, the applicant shall submit, as part of their development permit application, information regarding any hazardous material to be kept or stored on site, an emergency management plan, a screening and landscape plan, as well as site grading and drainage plans. (2) Transloading facilities for oil and gas resources shall not be located within 90 metres of a residence or on hazard lands. 58 Rural Municipality of Marriott No. 317 Zoning Bylaw (3) The applicant shall suitably screen and landscape the facility from neighbouring properties to the satisfaction of Council. (4) Council may require the developer to undertake specific safeguards to address safety issues related to material kept on the site and nuisance issues related to dust, noise, odour, smoke, or similar conditions. (5) Transloading facilities shall be developed and shall operate in compliance with all relevant federal and provincial requirements. 4.13.22 Intensive Livestock Operations (ILO's) (1) Intensive livestock operations involving 300 or more animal units or more will be permitted subject to the discretion of Council in accordance with specific requirements contained herein. An expansion of an operation to provide for a greater number of animal units than the maximum number specified in the initial discretionary use approval, or any change in an operation which alters then species of animal reared, confined or fed in operation, shall require a new discretionary use approval. (2) An applicant for an intensive livestock operation shall provide the following documentation: (a) distances to the nearest land uses, development types and municipal limits, whether within the municipality or within an adjacent municipality, listed in Section 7, Table 7-1 Required Separation Distances Between Uses of this Zoning Bylaw and measured as specified in the notes to that table. These minimum separation distances shall apply to both development, alteration or expansion of livestock facilities and to other development proposed in the vicinity of existing livestock facilities. Council may impose a lesser separation for a proposed Intensive Livestock Operation, where the applicant establishes that the development will minimize the potential for conflict with adjoining uses in accordance with the following provisions: (i) Council may approve a lesser separation then set out in (a) above where the applicant submits a copy of an agreement between the operator of the livestock facility and the owner(s) of the other affected development tor urban Council (as appropriate), agreeing to such lesser separation. Such agreements between an operator and an owner (owners) of another development (other developments) must contain the provision that the parties to the agreement will register an interest to the Titles of the affected land. Where such agreements are made, Council shall be a party to the agreement and may use Section 235 of The Act to register an interest to the title(s) of the affected land; (b) Building development, as defined this bylaw, located on the same site and accessory or ancillary to the livestock facility, shall not be subject to minimum separation distances for livestock facilities. 4.13.23 Oil and Gas Development (1) Exploration and development of oil and gas shall be subject to all federal and provincial Rural Municipality of Marriott No. 317 Zoning Bylaw 59 requirements, and such activity must comply with the objectives and policies outlined in the Rosetown Hub and Spoke District Plan. (2) Oil and gas exploration, extraction and development within the RM shall occur in accordance with The Oil and Gas Conservation Regulations, 2012. (3) Multiple parcel country residential subdivisions, single parcel country residences and residential sites located in proximity to oil wells may be subject to separation requirements from an oil well, as per The Subdivision Regulations. (4) Multiple parcel country residential developments, single parcel country residences and residential sites located in proximity to sour gas wells with H2S concentrations over 100 ppm may be subject to separation requirements based on guidelines as recommended by the Ministry of Government Relations. (5) In addition to any other information required by Council, the applicant shall submit, as part of their development permit application, information regarding any hazardous material to be kept or stored on site, an emergency management plan, a screening and landscape plan, as well as site grading and drainage plans. (6) The applicant shall suitably screen and landscape the facility from neighbouring properties to the satisfaction of Council. (7) Council may require the developer to undertake specific safeguards to address safety issues related to material kept on the site and nuisance issues related to dust, noise, odour, smoke, or similar conditions. 4.13.24 Abattoirs, meat processing and kill facilities (1) Shall be located at least 91.4 metres from residential areas, schools, hospitals, motels and restaurants. 4.13.25 Bulk Petroleum Tanks (1) Shall be located at least 91.4 metres from residential areas, schools, hospitals, and motels. 4.13.26 Solar Farms (1) In addition to any other information required by Council, the applicant shall submit, as part of their development permit application, information regarding site grading along with a drainage plan for the site. (2) Council may require that it be demonstrated how any adverse effects on neighbouring properties will be mitigated including ensuring that sight lines are maintained. 4.13.27 Cannabis Production Facilities (1) No outside storage is permitted. 60 Rural Municipality of Marriott No. 317 Zoning Bylaw 4.13.28 Cannabis Retail Stores (1) Cannabis retail stores shall maintain a minimum setback of 150 metres from schools, public playgrounds, public parks and licensed daycares. 4.14 SETBACK FROM CENTRE LINE OF ROADS 4.14.1 The minimum setback of buildings, including dwellings, signs, trees, fences and other permanent structures from the centre line of a municipal road allowance, grid road, main farm access road or provincial highway on all sites shall be 45 metres (150 feet). On provincial highways the minimum setbacks shall be regulated by the Ministry of Highways and Infrastructure. Development of buildings, signs, trees, fences and other permanent structures on sites that do not abut such roads shall observe the minimum front yard setbacks as identified in the specific regulation for those districts. Council may, by resolution, prescribe a lesser setback providing that the proposed development will not create a road intersection visibility or road maintenance issue. 4.15 OUTSIDE STORAGE AND WASTE MATERIAL STORAGE 4.15.1 Where permitted in association with any approved industrial or commercial land use, all outside storage, including storage of garbage or waste materials, is subject to the following requirements: (1) No outside storage shall be located in the front yard, except for the neatly arranged display of items for sale. (2) Outside storage in a side or rear yard shall be screened from adjacent sites by a fence at least 1.9 metres in height, or a combination of fence and soft landscaping screening a minimum of 1.9 metres in height. (3) Unless otherwise directed by this Bylaw, garbage and waste material shall be stored in weatherproof and animal-proof containers and shall be visually screened from all adjacent sites and public thoroughfares. 4.16 PERMITTED YARD ENCROACHMENTS 4.16.1 The following are not considered encroachments and shall be considered part of the principal or accessory building and all applicable regulations will apply to it as it would be to the principal or accessory building: (1) any deck or floor area attached to a principal or accessory building that has a permanent roof structure and/or solid glass, or screen walls; and, (2) any private garage attached to a principal building. 4.16.2 The following yard encroachments shall be permitted in any required yard: (1) steps 1.6 metres or less above grade level, as measured at the highest point of the steps, that are necessary for access to a permitted building or for access to a site from a street or lane; Rural Municipality of Marriott No. 317 Zoning Bylaw 61 (2) window sills, eaves, gutters, belt courses, pilasters or other similar vertical columns, cornices, bay windows, chimneys and similar non-structural alterations may project a distance of 0.6 metres from the building into any required yard, but not closer than 0.5 metres to a site line; (3) raised patios, decks and sidewalks not more than 0.6 metres above grade level, as measured at the outside edge of the patio, deck or sidewalk. (4) trees, shrubs, walkways, trellises or flag poles, so long as these fixtures do not extend into or over public land; and, (5) lighting fixtures and lamp posts. (6) In rear yards: (i) raised patios and decks measuring more than 0.6 metres in height above grade, and canopies and balconies having a projection of not more than 3.0 metres into the required rear yard, provided they are located at least 3.0 metres from the rear site line. (7) In side yards: (i) raised patios and decks measuring more than 0.6 metres in height above grade, and canopies and balconies provided they do not project into more than 25% of the required side yard. 4.17 PROHIBITED USES IN ALL DISTRICTS 4.17.1 The breeding of rats and other rodents and crickets and other insects is prohibited in all zoning districts in the municipality. 4.18 BUILDING LINES 4.18.1 Where a building line in a residential district has been established by existing buildings in a block having at least one half of the lots built on, new development may conform to this line. 4.19 BARE LAND CONDOMINIUMS 4.19.1 Regulations and development standards for buildings, uses and sites in all zoning districts shall also apply to uses and bare land units that are part of a bare land condominium plan. 4.20 DEPTH TO FRONTAGE RATIO 4.20.1 Depth to frontage ratio for residential sites: No restrictions. 4.21 TEMPORARY USES 4.21.1 Temporary uses will be permitted where appropriate in individual zoning districts at the discretion of Council. 62 Rural Municipality of Marriott No. 317 Zoning Bylaw 4.21.2 All temporary uses must be located on an existing site; no subdivision will be permitted for temporary uses. 4.21.3 Any buildings placed on sites where a temporary use is permitted must be removed on or before the expiry period allowed for the use, unless the construction of a permanent building is specifically permitted by Council. 4.21.4 The site must be restored to the same condition as it was prior to the beginning of the temporary use once the temporary use has ceased. 4.21.5 Council may require a performance bond from the applicant to ensure acceptable remediation of the site. 4.22 SHIPPING CONTAINERS (1) Shipping containers shall be permitted in all districts, but are limited to one (1) in the CR1, CR2 and H Districts. (2) Shipping containers, permitted under subsection (1), shall only be used for shipping or storage purposes accessory to the principal use of the site and shall comply with the site requirements for accessory buildings for the applicable zoning district. In no case shall shipping containers be used for human habitation. (3) Shipping containers, permitted under subsection (1), shall: (a) be properly anchored and maintained in good repair; (b) be sided or sandblasted and repainted to a neutral colour prior to their placement, above grade, on a site; (c) be located a minimum of 3.0 metres from, and behind the rear wall of, the principal building; (d) meet the requirements of The National Building Code of Canada as applicable. (4) Notwithstanding subsection (1), shipping containers may be temporarily placed on a site in any district: (a) during active construction on a site when the shipping container is solely for the storage of supplies and equipment that are used for the site, provided that a valid building permit has been issued for construction on the site. The shipping container must be removed from the site upon completion of the construction; or (b) for the purpose of loading and unloading of items associated with the principal use for a period of not more than 10 days in any six month period; and (c) in any case, for a period of not more than 30 days unless an extension has been granted by the development officer to a maximum of 90 days. Rural Municipality of Marriott No. 317 Zoning Bylaw 63 (5) When placed on a site pursuant to subsection (4), the shipping containers shall: (a) be located so as not to create a safety hazard; and (b) not be located within 1.2 metres of the interior edge of a sidewalk. 4.23 REGULATIONS FOR SIGNS AND BILLBOARDS 4.23.1 Signs Located in Highway Sign Corridor (1) Signs located in a highway sign corridor shall be regulated by the requirements of "The Erection of Signs Adjacent to Provincial Highway Regulations, 1986" and amendments thereto, and Section 4.23.2 shall not apply. 4.23.2 Third-Party Advertising Signs (1) Third-party advertising signs shall be prohibited in all zoning districts, except signs in the highway sign corridor which comply with Section 4.23.1. In all cases, signs affixed to or painted on a vehicle or trailer, shall be prohibited in all zoning districts. 4.23.3 General Sign Regulations (1) Signs for Cannabis Production Facilities and Cannabis Retail Stores shall not contain any cannabis-related images and are subject to the additional regulations in Section 4.23. 64 Rural Municipality of Marriott No. 317 Zoning Bylaw Rural Municipality of Marriott No. 317 Zoning Bylaw 65 5 ZONING DISTRICTS 5.1 CLASSIFICATION OF ZONING DISTRICTS 5.1.1 In order to carry out the purpose and provisions of this Bylaw, the Rural Municipality is divided into the following Zoning Districts, the boundaries of which are shown on the "Zoning District Map". Such districts may be referred to by the appropriate symbols. Districts Symbols Agriculture A Low Density Country Residential CR1 Medium Density Country Residential CR2 Hamlet District H Commercial and Light Industrial C1 Industrial M1 5.2 ZONING DISTRICT MAPS 5.2.1 The map, bearing the statement "This is the Zoning District Map which accompanies Bylaw Number _____________ adopted by the Rural Municipality of Marriott No. 317" and signed by the Reeve and Rural Municipal Administrator under the seal of the Rural Municipality shall be known as the "Zoning District Map" and such map is hereby declared to be an integral part of this Bylaw. 5.3 BOUNDARIES 5.3.1 The boundaries of such districts referred to, together with explanatory legend, notation and reference, are shown on the map entitled "Zoning District Map". 5.3.2 All streets, lanes and road allowances, if not otherwise specifically designated, shall be deemed to be in the same zoning district as the property immediately abutting upon such streets, lanes and road allowances. If the land abutting each side of a street, lane or road allowance is located in different zoning districts, the centre line of such street, lane or road allowance shall be deemed to be the district boundary, unless otherwise specifically designated. 5.3.3 Streets, lanes, and road allowances which are shown on the "Zoning District Map" and which have been permanently closed pursuant to Section 13 of The Municipalities Act, shall be in the same district as the land abutting both sides of the permanently closed street, lane or road allowance. If the land abutting each side of the permanently closed street, land or road allowance was located in different zoning districts before the said street, lane or road allowance was permanently closed, the centre line of such permanently closed street, lane or road allowance shall be deemed to be the district boundary, unless otherwise specifically designated. 5.3.4 In unsubdivided land, the zoning district boundary shall be determined by the scale shown on the "Zoning District Map". 66 Rural Municipality of Marriott No. 317 Zoning Bylaw 5.4 REGULATIONS 5.4.1 Regulations for the zoning districts are outlined in the following sections of this Bylaw. 5.5 PROPERTIES WITH MORE THAN ONE ZONING DISTRICT 5.5.1 Where a site or lot is divided into more than one zoning district, each portion of the site or lot shall be developed and use in accordance with the provisions of the applicable zoning district. 5.6 TRANSITIONAL ZONING PROVISIONS 5.6.1 Existing Buildings Buildings lawfully existing at the time of the approval of this bylaw shall be limited in terms of site width and setback requirements, to the regulation of the zoning district in which they are located, or to their current dimensions, whichever is the least restrictive. Rural Municipality of Marriott No. 317 Zoning Bylaw 67 6 DISTRICT SCHEDULES 6.1 A - AGRICULTURE DISTRICT 6.1.1 Intent The objective of the A - Agriculture District is to provide for the primary use of land in the form of agricultural development, associated residences, limited single-parcel country residential development, location-dependent natural resource development and other uses compatible with agricultural development. 6.1.2 Permitted and Discretionary Uses and Development Standards The permitted and discretionary uses and applicable development standards are laid out in Table 6-1. 6.1.3 Prohibited Uses Uses prohibited in the A - Agriculture District are as follows: 6.1.4 Accessory Buildings (1) Accessory buildings and uses, including accessory dwelling units, shall be permitted subject to Section 4.13.1. 6.1.5 Regulations (1) Site Requirements (a) Minimum and maximum site size, site width, and yard requirements are shown in Table 6-1. (2) Separation distances (a) Required separation distances are shown in Table 7-1. 6.1.6 Standards for Discretionary Uses Council will consider discretionary use applications in the A - Agriculture District with regard to Section 3.7.2 Discretionary Use Evaluation Criteria and Section 3.7.3 Terms and Conditions for Discretionary Use Approvals as well as additional development standards noted as follows. (1) Discretionary Commercial Uses (a) Where ancillary to a farm operation, or single detached dwelling, Council may prescribe specific development standards in the issuing of a development permit limiting the size of operation, buildings used for the operation, and number of non-resident employees. Any increase in the area of land for a commercial use, or the number or size of buildings used for the commercial operation, shall 68 Rural Municipality of Marriott No. 317 Zoning Bylaw require a new discretionary approval by Council. (b) Council may specify specific development 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. 6.1.7 Exceptions to Development Standards Exceptions to development standards in A - Agriculture District, are as follows: 6.1.8 Outside Storage Outside storage, including garbage storage, is subject to Section 4.16 of this Bylaw. 6.1.9 Agricultural Subdivision In general, the fragmentation of agricultural holdings is not encouraged. However, subdivision of land into smaller than a quarter section for legitimate agriculture purposes will be permitted under any of the following scenarios: (1) The severity of a financial crisis for a particular agricultural operation is demonstrated, in Council's opinion, to warrant the subdivision of a smaller site to assist debt restructuring or settlement. (2) It is fragmented from the balance of the quarter section by either natural (river, creek, coulee, etc.) or manmade (roadway, railway, etc.) barriers. (3) It is intended to be consolidated under one title with adjacent land, in accordance with The Land Titles Act, 2000, to create a more viable agricultural unit. (4) The agricultural parcel created results from the subdivision of land for purposes consistent with the objectives and policies in the Rosetown Hub and Spoke District Official Community Plan. (5) It is intended to accommodate estate planning or settlement. (6) It will accommodate the purchase or lease of Crown land. (7) It is intended to avoid unnecessary changes to, or to work with, the natural vegetation pattern or topography of the area. (8) It will accommodate a new railway or road right-of-way or a widening of an existing railway or road right-of-way. 6.1.10 Single Parcel Country Residential To retain the agricultural character of the municipality, a maximum of four (4) subdivisions per quarter-section will be allowed to be subdivided for non-farm country residential (where the essential land requirement is for a residential building site and space rather than for productive agricultural purposes) on a discretionary basis in the A - Agriculture District. Rural Municipality of Marriott No. 317 Zoning Bylaw 69 (1) Council may permit a larger or smaller site size than what is outlined in Table 6-1 to: (a) minimize prime agricultural land being taken out of production; (b) accommodate existing developed farm yard sites; (c) accommodate sites fragmented from the balance of a quarter section by either natural (river, creek, coulee, etc.) or man-made (developed road, railway, etc.) barrier; or (d) accommodate larger sites that include poor agricultural land. (2) Additional residential subdivision(s) in the A - Agriculture District may be permitted to be subdivided from a quarter-section for: (a) any site fragmented from the balance of a quarter section by either natural (river, creek, coulee, etc.) or man-made (developed road, railway, etc.) barriers; or (b) A previously developed, but now unoccupied farm site. (3) In order to minimize conflict between multiple lot residential subdivisions and other development, Council shall observe the separation distances set out in Table 7-1. (4) Council may approve a lesser separation than set out in Table 7-1 where the proposed development will not conflict with the long term future development of an adjoining urban municipality as demonstrated by the urban Council or where the applicant and the owner(s) of another affected development, agreeing to such lesser separation. Such agreements between an owner or owner(s) of the other development(s) must contain the provision that the parties to the agreement will register an interest to the titles of the affected land. Where such agreements are made, Council shall be party to the agreement and may use Section 235 of The Act to register an interest to the title(s) of the affected lands. 6.1.11 Temporary Accommodation A manufactured home or a recreational vehicle may be permitted for a period of up to one year on an existing farm dwelling or residential site, while a permanent dwelling unit is being erected on the same site, subject to a resolution of council and the following conditions: (1) Adherence to a Trailer Bylaw (where applicable), securing a license on an annual basis. (2) Connection to sewer and water systems in accordance with the Department of Health. (3) Issuance of a development permit to the land owner on behalf of the occupant, issued on an annual basis. (4) Any other conditions which council may specify that ensure the adherence to this Bylaw. 70 Rural Municipality of Marriott No. 317 Zoning Bylaw 6.1.12 Accessory Dwelling Units One farm dwelling will be permitted as an accessory use to a farm operation. Two additional dwelling units may be allowed subject to discretionary use approval, by resolution of Council, if accessory to a legitimate agricultural operation and if it is intended to accommodate farm workers. The granting of a dwelling development permit by Council for an additional farm dwelling shall not be construed, in any way, as consent or approval for future subdivision. 6.1.13 Communal Dwellings A communal dwelling may be permitted, subject to discretionary use approval, by resolution of Council, if accessory to a legitimate agricultural operation. The granting of a communal dwelling development permit by Council shall not be construed, in any way, as consent or approval for future subdivision. Communal dwellings are subject to Sections 4.13.1(e) and 4.13.19. Rural Municipality of Marriott No. 317 Zoning Bylaw 71 TABLE 6-1: A - AGRICULTURE DISTRICT DEVELOPMENT STANDARDS Use Development Standards Permitted or Discretionary Subject to Sections Minimum Site Area (ha) Maximum Site Area (ha) Minimum Site Width (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Agricultural Uses (1) Agricultural support services D 0.4 1.0 acre - - 30 98.4 feet 35 114.8 feet 10 32.8 feet 10 (1) 32.8 feet (2) Farm operations P 6.1.9 64 (2) 160 acres - - 30 98.4 feet 35 114.8 feet 10 32.8 feet 10 32.8 feet (3) Intensive livestock operations D 3.5.2 (2) 3.7.4 (16) 4.13.22 Table 7-1 1.0 2.47 acres - - 30 98.4 feet 35 114.8 feet 10 32.8 feet 10 32.8 feet (4) Intensive agricultural operations D 3.5.2 (3) 0.8 2.0 acres - - 30 98.4 feet 35 114.8 feet 10 32.8 feet 10 32.8 feet Resource Based Uses (1) Mineral exploration and extraction, excluding gravel pits P 4.13.23 - - - - - - - - - - 3 9.8 feet (2) Petroleum exploration or extraction wells and related facilities P 4.13.23 - - - - - - - - - - 3 9.8 feet (3) Petroleum pipelines, oil & gas wells, and related facilities P 4.13.23 - - - - - - - - - - 3 9.8 feet (4) Petroleum related commercial uses D 0.4 1.0 acre - - 30 98.4 feet 35 114.8 feet 10 32.8 feet 10 (1) 32.8 feet (5) Solar Farms D 4.13.26 0.8 2.0 acres - - 30 98.4 feet 35 114.8 feet 10 32.8 feet 10 32.8 feet (6) Transloading facilities for oil and gas resources P 4.13.21 - - - - - - - - - - 3 (1) 9.8 feet Residential Uses (1) Dwelling units as an accessory use, except the first farm dwelling (3)(4) D 4.3.10 Table 7-1 (5) - - 30 98.4 feet 35 114.8 feet 10 32.8 feet 10 32.8 feet 72 Rural Municipality of Marriott No. 317 Zoning Bylaw TABLE 6-1: A - AGRICULTURE DISTRICT DEVELOPMENT STANDARDS Use Development Standards Permitted or Discretionary Subject to Sections Minimum Site Area (ha) Maximum Site Area (ha) Minimum Site Width (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) (2) Farm Dwellings P 4.13.10 Table 7-1 (5) - - 30 98.4 feet 35 10 32.8 feet 10 32.8 feet (3) Single detached dwellings as a principal use D Table 7-1 6.1.10 4.05 (6) 10.0 acres 16.2 (6) 40.0 acres 30 98.4 feet 35 114.8 feet 10 32.8 feet 10 32.8 feet Commercial Uses (1) Agriculture servicing and contracting establishments D 3.7.4 (11) 0.4 1.0 acre - - 30 98.4 feet 35 114.8 feet 10 32.8 feet 10 (1) 32.8 feet (2) Bed and breakfast homes D 4.13.5 4.05 (6)(7) 10.0 acres 16.2 (6)(8) 40.0 acres 30 98.4 feet 35 114.8 feet 10 32.8 feet 10 32.8 feet (3) Campgrounds D 3.5.2 (1) 3.7.4 (9) 4.13.2 0.8 2.0 acres - - 30 98.4 feet 35 114.8 feet 10 32.8 feet 10 32.8 feet (4) Cannabis production facilities D 3.7.4 (17) 4.13.27 4.23 0.4 1.0 acre - - 30 98.4 feet 35 114.8 feet 10 32.8 feet 10 32.8 feet (5) Custodial care facilities D 4.13.6 4.05 (6)(7) 10.0 acres 16.2 (6)(8) 40.0 acres 30 98.4 feet 35 114.8 feet 10 32.8 feet 10 32.8 feet (6) Drive-in theatres D 0.4 1.0 acre - - 30 98.4 feet 35 114.8 feet 10 32.8 feet 10 32.8 feet (7) Golf courses D 3.7.4 (10) 1.0 2.47 acres - - - - 35 114.8 feet 10 32.8 feet 10 32.8 feet (8) Grain elevators D 0.4 1.0 acre - - 30 98.4 feet 35 114.8 feet 10 32.8 feet 10(1) 32.8 feet (9) Health care clinics D 0.4 1.0 acre - - 30 98.4 feet 35 114.8 feet 10 32.8 feet 10 32.8 feet (10) Gravel pits and gravel crushing operations D 3.5.2 (10) 3.7.4 (3) Table 7-1 - - - - - - - - - - 3 9.8 feet Rural Municipality of Marriott No. 317 Zoning Bylaw 73 TABLE 6-1: A - AGRICULTURE DISTRICT DEVELOPMENT STANDARDS Use Development Standards Permitted or Discretionary Subject to Sections Minimum Site Area (ha) Maximum Site Area (ha) Minimum Site Width (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) (11) Home based businesses and farm based businesses D 4.13.10 4.05 (6)(7) 10.0 acres 16.2 (6)(8) 40.0 acres 30 98.4 feet 35 114.8 feet 10 32.8 feet 10 32.8 feet (12) Kennels D 4.13.13 0.4 1.0 acre - - 30 98.4 feet 35 114.8 feet 10 32.8 feet 10 32.8 feet (13) Machine shops and metal fabricators D 3.7.4 (6) 0.4 1.0 acre - - 30 98.4 feet 35 114.8 feet 10 32.8 feet 10 (1) 32.8 feet (14) Meat processing and kill facilities D 4.13.24 0.4 1.0 acre - - 30 98.4 feet 35 114.8 feet 10 32.8 feet 10 (1) 32.8 feet (15) Outfitter base camps D 3.5.2 (1) 4.13.11 0.4 1.0 acre - - 30 98.4 feet 35 114.8 feet 10 32.8 feet 10 32.8 feet (16) Residential care facilities D 4.13.6 4.05 (6)(7) 10.0 acres 16.2 (6)(8) 40.0 acres 30 98.4 feet 35 114.8 feet 10 32.8 feet 10 32.8 feet (17) Tourism base camps D 3.5.2 (1) 4.13.11 0.4 1.0 acre - - 30 98.4 feet 35 114.8 feet 10 32.8 feet 10 32.8 feet (18) Tourist camps D 3.5.2 (1) 4.13.2 0.4 1.0 acre - - 30 98.4 feet 35 114.8 feet 10 32.8 feet 10 32.8 feet (19) Vacation farms D 4.13.5 4.05 (6)(7) 10.0 acres 16.2 (6)(8) 40.0 acres 30 98.4 feet 35 114.8 feet 10 32.8 feet 10 32.8 feet (20) Veterinary clinics and hospital, including large animal boarding D 0.4 1.0 acre - - 30 98.4 feet 35 114.8 feet 10 32.8 feet 10 32.8 feet Municipal, Recreational, Institutional and Other Uses (1) Airports and airstrips D (9) - - - - 35 114.8 feet 10 32.8 feet 10 32.8 feet (2) Cemeteries and crematoria D - - - - - - - - - - 3 9.8 feet (3) Community halls P 0.4 1.0 acre - - 30 98.4 feet 35 114.8 feet 10 32.8 feet 10 32.8 feet (4) Detention centres and correctional institutions D 0.4 1.0 acre - - 30 98.4 feet 35 114.8 feet 10 32.8 feet 10 32.8 feet 74 Rural Municipality of Marriott No. 317 Zoning Bylaw TABLE 6-1: A - AGRICULTURE DISTRICT DEVELOPMENT STANDARDS Use Development Standards Permitted or Discretionary Subject to Sections Minimum Site Area (ha) Maximum Site Area (ha) Minimum Site Width (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) (5) Historical and archeological sites P - - - - - - - - - - 3 9.8 feet (6) Institutional camps D 3.5.2 (1) 0.4 1.0 acre - - 30 98.4 feet 35 114.8 feet 10 32.8 feet 10 32.8 feet (7) Municipal facilities P - - - - - - - - - - 3 9.8 feet (8) Parks and playgrounds P - - - - - - - - - - 3 9.8 feet (9) Places of worship D 3.7.4 (2) 0.4 1.0 acre - - 30 98.4 feet 35 114.8 feet 10 32.8 feet 10 32.8 feet (10) Public works, excluding solid and liquid waste disposal sites P - - - - - - - - - - 3 9.8 feet (11) Radar stations D 1.0 2.47 acres - - - - 35 114.8 feet 10 32.8 feet 10 32.8 feet (12) Recreation facilities D 3.7.4 (2) 0.4 1.0 acre - - 30 98.4 feet 35 114.8 feet 10 32.8 feet 10 32.8 feet (13) Schools and educational facilities D 0.4 1.0 acre - - 30 98.4 feet 35 114.8 feet 10 32.8 feet 10 32.8 feet (14) Solid and liquid waste disposal facilities, sewage lagoons, pesticide container collection sites, including soil farms for the rehabilitation of contaminated soils, and associated facilities D 3.5.2 (6) 4.13.4 Table 7-1 0.4 1.0 acre - - 30 98.4 feet 35 114.8 feet 10 32.8 feet 10 32.8 feet (15) Telecommunications facilities D 1.0 2.47 acres - - - - 35 114.8 feet 10 32.8 feet 10 32.8 feet (16) Wildlife and ecological conservation areas P - - - - - - - - - - 3 9.8 feet (17) Wind energy facilities, including wind farms D 3.5.2 (9) 4.13.17 4.13.18 Development Standards as laid out in Section 4.13.17 & 4.13.18 Rural Municipality of Marriott No. 317 Zoning Bylaw 75 Use Designations: (P) - Permitted Use Means a use or form of development allowed as of right in a zoning district, subject to the regulations contained in this Bylaw. (D) - Discretionary Use A use or form of development specified in this Bylaw, which may be allowed following application to, and approval by Council; and which complies with the development standards and other regulations as may be required by Council and/or contained in this Bylaw. Special limitation and standards regarding Table 6-1 and the A - Agriculture District: (1) where rear yard abuts a railway or a railway reserve, no rear yard may be required in consultation with the railway authority/owner (2) or a lesser amount as identified in Section 6.1.9 of this Zoning Bylaw (3) accessory dwelling units includes: farm dwellings, business dwellings, garden suites, and communal dwellings (4) accessory dwelling units attached to a principal use, such as business dwellings, shall meet the development standards of the principal use to which they are attached (5) the same as farm operations (6) or a greater or lesser site size as identified in as identified in Section 6.1.10 of this Zoning Bylaw (7) unless developed ancillary to a farm operation, in which case 64 hectares, and subject to (2) above (8) no maximum shall apply if developed ancillary to a Farm Operation (9) Private facilities: 1.01 hectares; Publicly-owned facilities: no minimum 76 Rural Municipality of Marriott No. 317 Zoning Bylaw Rural Municipality of Marriott No. 317 Zoning Bylaw 77 6.2 CR1 - LOW DENSITY COUNTRY RESIDENTIAL DISTRICT 6.2.1 Intent The objective of the CR1 - Low Density Country Residential District is to provide for low density, multiple lot country residential development and other compatible development in specific areas with standards for such development which does not directly support agriculture. 6.2.2 Permitted and Discretionary Uses and Development Standards The permitted and discretionary uses and applicable development standards are laid out in Table 6-2. 6.2.3 Prohibited Uses Uses prohibited in CR1 - Low Density Country Residential District are as follows: 6.2.4 Accessory Buildings (1) Accessory buildings and uses, except dwelling units, shall be permitted and are subject to Section 4.13.1. 6.2.5 Regulations (1) Site Requirements The minimum and maximum site size and yard requirements are shown in Table 6-2. (2) Keeping of Animals (a) Large animals, which include only horses, cattle, sheep, goats, llamas and alpacas will be permitted in numbers not exceeding 4 animal units, on a site of at least 4 ha. All other animals shall be limited to domestic pets of the residents of the site, but in no case shall the numbers exceed that equal to one animal unit. (b) Animals shall not be pastured within 15 metres of any dwelling not owned by the operator of the pasture or owner of the animals, and no buildings or structures intended to contain animals shall be located within 30 metres of a property line. (c) The use of vacant residential sites for pasture of animals is prohibited. 6.2.6 Standards for Discretionary Uses Council will consider discretionary use applications in the CR1 - Low Density Country Residential District with regard to Section 3.7.2 Discretionary Use Evaluation Criteria and Section 3.7.3 Terms and Conditions for Discretionary Use Approvals as well as additional development standards noted as follows. 78 Rural Municipality of Marriott No. 317 Zoning Bylaw (1) Home Based Businesses (a) Home based business are subject to Section 4.13.10 of this Bylaw. (b) No home based business in this district shall include auto body repair or repainting operations. (c) No heavy construction or industrial equipment or supplies shall be stored on any site for a home based business in this district. 6.2.7 Exceptions to Development Standards Exceptions to development standards in CR1 - Low Density Country Residential District, are as follows: 6.2.8 Outside Storage Outside storage, including garbage storage, is subject to Section 4.16 of this Bylaw. Rural Municipality of Marriott No. 317 Zoning Bylaw 79 Table 6-2 CR1 - LOW DENSITY COUNTRY RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS Use Development Standards Permitted or Discretionary Subject to Sections Minimum Site Area (ha) Maximum Site Area (ha) Minimum Site Width (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Residential Uses (1) Single detached dwellings as a principal use P Table 7-1 4.05 (10.0 acres) 8.0 (19.8 acres) 30 98.4 feet 10 32.8 feet 3 9.8 feet 10 32.8 feet Commercial Uses (1) Bed and breakfast homes D 4.13.5 4.05 (10.0 acres) 8.0 (19.8 acres) 30 98.4 feet 10 32.8 feet 3 9.8 feet 10 32.8 feet (2) Home based businesses D 4.13.10 4.05 (10.0 acres) 8.0 (19.8 acres) 30 98.4 feet 10 32.8 feet 3 9.8 feet 10 32.8 feet (3) Daycare centres D 4.05 (10.0 acres) 8.0 (19.8 acres) 30 98.4 feet 10 32.8 feet 3 9.8 feet 10 32.8 feet (4) Residential care facilities D 4.13.6 4.05 (10.0 acres) 8.0 (19.8 acres) 30 98.4 feet 10 32.8 feet 3 9.8 feet 10 32.8 feet Municipal, Recreational, Institutional and Other Uses (1) Community halls P 0.4 1.0 acre - - 30 98.4 feet 10 32.8 feet 3 9.8 feet 10 32.8 feet (2) Historical and archaeological sites P - - - - - - - - 3 9.8 feet - - (3) Libraries P 0.4 1.0 acre - - 30 98.4 feet 10 32.8 feet 3 9.8 feet 10 32.8 feet (4) Municipal facilities P - - - - - - - - 3 9.8 feet - - (5) Parks and playgrounds P - - - - - - - - 3 9.8 feet - - (6) Places of worship P 0.4 1.0 acre - - 30 98.4 feet 10 32.8 feet 3 9.8 feet 10 32.8 feet (7) Public museums D 0.4 1.0 acre - - 30 98.4 feet 10 32.8 feet 3 9.8 feet 10 32.8 feet (8) Public works, excluding solid and liquid waste disposal sites P - - - - - - - - 3 9.8 feet - - 80 Rural Municipality of Marriott No. 317 Zoning Bylaw Table 6-2 CR1 - LOW DENSITY COUNTRY RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS Use Development Standards Permitted or Discretionary Subject to Sections Minimum Site Area (ha) Maximum Site Area (ha) Minimum Site Width (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) (9) Recreation facilities D 3.7.4 (2) 0.4 1.0 acre - - 30 98.4 feet 10 32.8 feet 3 9.8 feet 10 32.8 feet (10) Schools and educational facilities D 3.7.4 (2) 0.4 1.0 acre - - 30 98.4 feet 10 32.8 feet 3 9.8 feet 10 32.8 feet (11) Wildlife and ecological conservation areas P - - - - - - - - 3 9.8 feet - - (12) Wind energy facilities (one turbine) D 4.13.17 Development Standards as laid out in Section 4.13.17 Use Designations: (P) - Permitted Use Means a use or form of development allowed as of right in a zoning district, subject to the regulations contained in this Bylaw. (D) - Discretionary Use A use or form of development specified in this Bylaw, which may be allowed following application to, and approval by Council; and which complies with the development standards and other regulations as may be required by Council and/or contained in this Bylaw. Special limitation and standards regarding Table 6-2 and the CR1 - Low Density Country Residential District: Rural Municipality of Marriott No. 317 Zoning Bylaw 81 6.3 CR2 - MEDIUM DENSITY COUNTRY RESIDENTIAL DISTRICT 6.3.1 Intent The objective of the CR2 - Medium Density Country Residential District is to provide for medium density, multiple lot country residential development and other compatible development in specific areas with standards for such development which does not directly support agriculture. 6.3.2 Permitted and Discretionary Uses and Development Standards The permitted and discretionary uses and applicable development standards are laid out in Table 6-3. 6.3.3 Prohibited Uses Uses prohibited in CR2 - Medium Density Country Residential District are as follows: 6.3.4 Accessory Buildings (1) Accessory buildings and uses, except dwelling units, shall be permitted and are subject to Section 4.13.1. 6.3.5 Regulations (1) Site Requirements The minimum and maximum site size and yard requirements are shown in Table 6-3. (2) Keeping of Animals (a) Large animals, which include only horses, cattle, sheep, goats, llamas and alpacas will be permitted in numbers not exceeding 2 animal units, on a site of at least 2 ha. All other animals shall be limited to domestic pets of the residents of the site, but in no case shall the numbers exceed that equal to one animal unit. (b) Animals shall not be pastured within 15 metres of any dwelling not owned by the operator of the pasture or owner of the animals, and no buildings or structures intended to contain animals shall be located within 30 metres of a property line. (c) The use of vacant residential sites for pasture of animals is prohibited. 6.3.6 Standards for Discretionary Uses Council will consider discretionary use applications in the CR2 - Medium Density Country Residential District with regard to Section 3.7.2 Discretionary Use Evaluation Criteria and Section 3.7.3 Terms and Conditions for Discretionary Use Approvals as well as additional development standards noted as follows. 82 Rural Municipality of Marriott No. 317 Zoning Bylaw (1) Home Based Businesses (a) Home based businesses are subject to Section 4.13.1 of this Bylaw. (b) No home based business in this district shall include auto body repair or repainting operations. (c) No heavy construction or industrial equipment or supplies shall be stored on any site for a home based business in this district. 6.3.7 Exceptions to Development Standards Exceptions to development standards in CR2 - Medium Density Country Residential District, are as follows: 6.3.8 Outside Storage Outside storage, including garbage storage, is subject to Section 4.16 of this Bylaw. Rural Municipality of Marriott No. 317 Zoning Bylaw 83 Table 6-3 CR2 - MEDIUM DENSITY COUNTRY RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS Use Development Standards Permitted or Discretionary Subject to Sections Minimum Site Area (ha) Maximum Site Area (ha) Minimum Site Width (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Residential Uses (1) Single detached dwellings as a principal use P Table 7-1 1.0 2.47 acres 4.04 9.98 acres 30 98.4 feet 10 32.8 feet 3 9.8 feet 10 32.8 feet Commercial Uses (1) Bed and breakfast homes D 4.13.5 1.0 2.47 acres 4.04 9.98 acres 30 98.4 feet 10 32.8 feet 3 9.8 feet 10 32.8 feet (2) Daycare centres D 1.0 2.47 acres 4.04 9.98 acres 30 98.4 feet 10 32.8 feet 3 9.8 feet 10 32.8 feet (3) Home based businesses D 4.13.10 1.0 2.47 acres 4.04 9.98 acres 30 98.4 feet 10 32.8 feet 3 9.8 feet 10 32.8 feet (4) Residential care facilities D 4.13.6 1.0 2.47 acres 4.04 9.98 acres 30 98.4 feet 10 32.8 feet 3 9.8 feet 10 32.8 feet Municipal, Recreational, Institutional and Other Uses (1) Community halls P 0.4 1.0 acre - - 30 98.4 feet 10 32.8 feet 3 9.8 feet 10 32.8 feet (2) Historical and archaeological sites P - - - - - - - - 3 9.8 feet - - (3) Libraries P 0.4 1.0 acre - - 30 98.4 feet 10 32.8 feet 3 9.8 feet 10 32.8 feet (4) Municipal facilities P - - - - - - - - 3 9.8 feet - - (5) Parks and playgrounds P - - - - - - - - 3 9.8 feet - - (6) Places of worship P 0.4 1.0 acre - - 30 98.4 feet 10 32.8 feet 3 9.8 feet 10 32.8 feet (7) Public museums P 0.4 1.0 acre - - 30 98.4 feet 10 32.8 feet 3 9.8 feet 10 32.8 feet (8) Public works, excluding solid and liquid waste disposal sites P - - - - - - - - 3 9.8 feet - - (9) Recreation facilities D 3.7.4 (2) 0.4 1.0 acre - - 30 98.4 feet 10 32.8 feet 3 9.8 feet 10 32.8 feet 84 Rural Municipality of Marriott No. 317 Zoning Bylaw Table 6-3 CR2 - MEDIUM DENSITY COUNTRY RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS Use Development Standards Permitted or Discretionary Subject to Sections Minimum Site Area (ha) Maximum Site Area (ha) Minimum Site Width (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) (10) Schools and educational facilities D 3.7.4 (2) 0.4 1.0 acre - - 30 98.4 feet 10 32.8 feet 3 9.8 feet 10 32.8 feet (11) Wildlife and ecological conservation areas P - - - - - - - - 3 9.8 feet - - (12) Wind energy facilities (one turbine) D 4.13.17 Development Standards as laid out in Section 4.13.17 Use Designations: (P) - Permitted Use Means a use or form of development allowed as of right in a zoning district, subject to the regulations contained in this Bylaw. (D) - Discretionary Use A use or form of development specified in this Bylaw, which may be allowed following application to, and approval by Council; and which complies with the development standards and other regulations as may be required by Council and/or contained in this Bylaw. Special limitation and standards regarding Table 6-3 and the CR2 - Medium Density Country Residential District: Rural Municipality of Marriott No. 317 Zoning Bylaw 85 6.4 H - HAMLET DISTRICT 6.4.1 Intent The objective of the H -Hamlet District is to provide for residential development and other appropriate uses in the existing Hamlets of Marriott, Valley Centre, and Bents. 6.4.2 Permitted and Discretionary Uses and Development Standards The permitted and discretionary uses and applicable development standards are laid out in Table 6-4. 6.4.3 Prohibited Uses Uses prohibited in H - Hamlet District are as follows: 6.4.4 Accessory Buildings (1) Accessory buildings and uses, except dwelling units, shall be permitted and are subject to Section 4.13.1. 6.4.5 Regulations (1) Site Requirements The minimum and maximum site size and yard requirements are shown in Table 6-4. (2) Keeping of Animals (a) Large animals, which include only horses, cattle, sheep, goats, llamas and alpacas will be permitted in numbers not exceeding 2 animal units, on a site of at least 2 ha. All other animals shall be limited to domestic pets of the residents of the site, but in no case shall the numbers exceed that equal to one animal unit. (b) Animals shall not be pastured within 15 metres of any dwelling not owned by the operator of the pasture or owner of the animals, and no buildings or structures intended to contain animals shall be located within 30 metres of a property line. (c) The use of vacant residential sites for pasture of animals is prohibited. 6.4.6 Standards for Discretionary Uses Council will consider discretionary use applications in the H - Hamlet District with regard to Section 3.7.2 Discretionary Use Evaluation Criteria and Section 3.7.3 Terms and Conditions for Discretionary Use Approvals as well as additional development standards noted as follows. (1) Home Based Businesses (a) Home based businesses are subject to Section 4.13.1 of this Bylaw. 86 Rural Municipality of Marriott No. 317 Zoning Bylaw (b) No home based business in this district shall include auto body repair or repainting operations. (c) No heavy construction or industrial equipment or supplies shall be stored on any site for a home based business in this district. 6.4.7 Exceptions to Development Standards Exceptions to development standards in H - Hamlet District, are as follows: (1) Residential sites that lawfully existed prior to the passing of this bylaw that do not meet the minimum site width and site area requirements outlined in Table 6-4, shall be deemed to be compliant with the minimum site width and site area requirements of this bylaw. 6.4.8 Outside Storage Outside storage, including garbage storage, is subject to Section 4.16 of this Bylaw. Rural Municipality of Marriott No. 317 Zoning Bylaw 87 Table 6-4 H -HAMLET DISTRICT DEVELOPMENT STANDARDS Use Development Standards Permitted or Discretionary Subject to Sections Minimum Site Area (m) Minimum Site Width (m) Minimum Front Yard (m)(1) Minimum Side Yard (m)(1) Minimum Rear Yard (m)(1) Residential Uses (1) Manufactured dwellings P 450 4844 sq. feet 15 49.2 feet 6 19.7 feet 1.5 4.9 feet 6 19.7 feet (2) Single detached dwellings as a principal use (1) P Table 7-1 450 4844 sq. feet 15 49.2 feet 6 19.7 feet 1.5 4.9 feet 6 19.7 feet Commercial Uses (1) Agricultural equipment, fuel, and chemical supply establishments D 928 9989 sq. feet 30 98.4 feet 6 19.7 feet 1.5(2) 4.9 feet 6 19.7 feet (2) Agricultural service and contracting establishments D 928 9989 sq. feet 30 98.4 feet 6 19.7 feet 1.5(2) 4.9 feet 6 19.7 feet (3) Animal kennels D 928 9989 sq. feet 30 98.4 feet 6 19.7 feet 1.5(2) 4.9 feet 6 19.7 feet (4) Auto wrecking yards D 928 9989 sq. feet 30 98.4 feet 6 19.7 feet 1.5(2) 4.9 feet 6 19.7 feet (5) Automotive sales and services including sales and service of recreational vehicles, mobile homes, farm implements and machinery D 928 9989 sq. feet 30 98.4 feet 6 19.7 feet 1.5(2) 4.9 feet 6 19.7 feet (6) Bed and breakfast homes D 4.13.5 450 4844 sq. feet 15 49.2 feet 6 19.7 feet 1.5 4.9 feet 6 19.7 feet (7) Cannabis retail stores D 3.7.4 (18) 4.13.28 4.23 225 2422 sq. feet 15 49.2 feet 6 19.7 feet 1.5(2) 4.9 feet 6 19.7 feet (8) Construction trades D 928 9989 sq. feet 30 98.4 feet 6 19.7 feet 1.5(2) 4.9 feet 6 19.7 feet (9) Convenience stores D 225 2422 sq. feet 15 49.2 feet 6 19.7 feet 1.5(2) 4.9 feet 6 19.7 feet (10) Daycare centres D 225 2422 sq. feet 15 49.2 feet 6 19.7 feet 1.5(2) 4.9 feet 6 19.7 feet (11) Gas bars D 928 9989 sq. feet 30 98.4 feet 6 19.7 feet 1.5(2) 4.9 feet 6 19.7 feet 88 Rural Municipality of Marriott No. 317 Zoning Bylaw Table 6-4 H -HAMLET DISTRICT DEVELOPMENT STANDARDS Use Development Standards Permitted or Discretionary Subject to Sections Minimum Site Area (m) Minimum Site Width (m) Minimum Front Yard (m)(1) Minimum Side Yard (m)(1) Minimum Rear Yard (m)(1) (12) Home based businesses D 4.13.10 450 4844 sq. feet 15 49.2 feet 6 19.7 feet 1.5 4.9 feet 6 19.7 feet (13) Lumber yards, home improvement centres and building supply establishments D 928 9989 sq. feet 30 98.4 feet 6 19.7 feet 1.5(2) 4.9 feet 6 19.7 feet (14) Manufacturing or processing facilities D 928 9989 sq. feet 30 98.4 feet 6 19.7 feet 1.5(2) 4.9 feet 6 19.7 feet (15) Personal service establishments D 225 2422 sq. feet 15 49.2 feet 6 19.7 feet 1.5(2) 4.9 feet 6 19.7 feet (16) Residential care facilities D 4.13.6 450 4844 sq. feet 15 49.2 feet 6 19.7 feet 1.5 4.9 feet 6 19.7 feet (17) Restaurants D 225 2422 sq. feet 15 49.2 feet 6 19.7 feet 1.5(2) 4.9 feet 6 19.7 feet (18) Retail stores D 225 2422 sq. feet 15 49.2 feet 6 19.7 feet 1.5(2) 4.9 feet 6 19.7 feet (19) Service stations D 928 9989 sq. feet 30 98.4 feet 6 19.7 feet 1.5(2) 4.9 feet 6 19.7 feet (20) Storage yards D 928 9989 sq. feet 30 98.4 feet 6 19.7 feet 1.5(2) 4.9 feet 6 19.7 feet (21) Welding and machine shops D 928 9989 sq. feet 30 98.4 feet 6 19.7 feet 1.5(2) 4.9 feet 6 19.7 feet Municipal, Recreational, Institutional and Other Use (1) Clubs D 225 2422 sq. feet 15 49.2 feet 6 19.7 feet 1.5(2) 4.9 feet 6 19.7 feet (2) Community halls P 225 2422 sq. feet 15 49.2 feet 10 32.8 feet 1.5(2) 4.9 feet 6 19.7 feet (3) Historical and archaeological sites P - - - - - - 1.5(2) 4.9 feet - - (4) Libraries P 225 2422 sq. feet 15 49.2 feet 10 32.8 feet 1.5(2) 4.9 feet 6 19.7 feet (5) Municipal facilities P - - - - - - - - - - Rural Municipality of Marriott No. 317 Zoning Bylaw 89 Table 6-4 H -HAMLET DISTRICT DEVELOPMENT STANDARDS Use Development Standards Permitted or Discretionary Subject to Sections Minimum Site Area (m) Minimum Site Width (m) Minimum Front Yard (m)(1) Minimum Side Yard (m)(1) Minimum Rear Yard (m)(1) (6) Parks and playgrounds P - - - - - - 1.5(2) 4.9 feet - - (7) Places of worship P 225 2422 sq. feet 15 49.2 feet 10 32.8 feet 1.5(2) 4.9 feet 6 19.7 feet (8) Public museums P 225 2422 sq. feet 15 49.2 feet 10 32.8 feet 1.5(2) 4.9 feet 6 19.7 feet (9) Public works, excluding solid and liquid waste disposal sites P - - - - - - - - - - (10) Recreation facilities P 3.7.4 (2) 225 2422 sq. feet 15 49.2 feet 10 32.8 feet 1.5(2) 4.9 feet 6 19.7 feet (11) Schools and educational facilities P 3.7.4 (2) 225 2422 sq. feet 15 49.2 feet 10 32.8 feet 1.5(2) 4.9 feet 6 19.7 feet (12) Wildlife and ecological conservation areas P - - - - - - - - - - (13) Wind energy facilities (one turbine) D 4.13.17 Development Standards as laid out in Section 4.13.17 Use Designations: (P) - Permitted Use Means a use or form of development allowed as of right in a zoning district, subject to the regulations contained in this Bylaw. (D) - Discretionary Use A use or form of development specified in this Bylaw, which may be allowed following application to, and approval by Council; and which complies with the development standards and other regulations as may be required by Council and/or contained in this Bylaw. Special limitation and standards regarding Table 6-4 and the H Hamlet District: (1) for a yard abutting a highway or municipal road allowance, the minimum yard shall not be less than 6 m (2) for a yard abutting a residential use without an intervening street, the minimum shall be 3 m 90 Rural Municipality of Marriott No. 317 Zoning Bylaw Rural Municipality of Marriott No. 317 Zoning Bylaw 91 6.5 C1 - COMMERCIAL DISTRICT 6.5.1 Intent The objective of the C1 - Commercial District is to provide for general commercial / light industrial and other compatible development in specific areas, with standards for such development. 6.5.2 Permitted and Discretionary Uses and Development Standards The permitted and discretionary uses and applicable development standards are laid out in Table 6-5. 6.5.3 Prohibited Uses Uses prohibited in C1 - Commercial District are as follows: 6.5.4 Accessory Buildings (1) Accessory buildings and uses, except dwelling units, shall be permitted and are subject to Section 4.13.1. 6.5.5 Regulations (1) Site Requirements The minimum and maximum site size and yard requirements are shown in Table 6-7. 6.5.6 Standards for Discretionary Uses Council will consider discretionary use applications in the C1 - Commercial District with regard to Section 3.7.2 Discretionary Use Evaluation Criteria and Section 3.7.3 Terms and Conditions for Discretionary Use Approvals as well as additional development standards noted as follows. (1) All operations shall comply with all regulations of Saskatchewan Environment and Saskatchewan Labour which govern their operation and development. (2) An application for a discretionary use approval for a commercial or industrial use is subject to Section 3.5.2 (4) of this bylaw. 6.5.7 Exceptions to Development Standards Exceptions to development standards in C1 - Commercial District, are as follows: 6.5.8 Landscaping Landscaping is subject to Section 4.15 of this Bylaw. 92 Rural Municipality of Marriott No. 317 Zoning Bylaw 6.5.9 Outside Storage Outside storage, including garbage storage, is subject to Section 4.16 of this Bylaw. Rural Municipality of Marriott No. 317 Zoning Bylaw 93 Table 6-5 C1 - COMMERCIAL AND LIGHT INDUSTRIAL DISTRICT DEVELOPMENT STANDARDS Use Development Standards Permitted or Discretionary Subject to Sections Minimum Site Area (m2) Minimum Site Width (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Residential Uses (1) Business dwellings D 3.7.4 (15) same as principal use Commercial Uses (1) Agricultural implement, recreational vehicle, automobile, marine and manufactured homes sales and service establishments P 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (2) Agriculturally related commercial uses P 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (3) Agricultural service and contracting establishments P 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (4) Auction marts, excluding livestock auctions D 4.13.14 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (5) Autobody and paint shops D 3.7.4 (6) 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (6) Automotive sales and repair P 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (7) Bakeries P 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (8) Campgrounds D 3.5.2 (1) 3.7.4 (9) 4.13.2 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (9) Cannabis production facilities D 3.7.4 (17) 4.13.27 4.23 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (10) Cannabis retail stores D 3.7.4 (18) 4.13.28 4.23 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (11) Bus terminals D 3.7.4 (1) 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (12) Car and truck washes P 3.7.4 (1) 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (13) Commercial recreational uses D 3.7.4 (2) 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) 94 Rural Municipality of Marriott No. 317 Zoning Bylaw Table 6-5 C1 - COMMERCIAL AND LIGHT INDUSTRIAL DISTRICT DEVELOPMENT STANDARDS Use Development Standards Permitted or Discretionary Subject to Sections Minimum Site Area (m2) Minimum Site Width (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) (14) Commercial service establishments P 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (15) Convenience stores, with or without gas bars P 4.13.8 4.13.9 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (16) Daycare centres P 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (17) Drive-in theatres P 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (18) Gas bars P 4.13.8 4.13.9 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (19) Hotels D 3.7.4 (14) 1100 11,840 sq. feet 30 98.4 feet 15 49.2 feet 3 9.8 feet (1) (20) Landscaping establishments P 1100 11,840 sq. feet 30 98.4 feet 15 49.2 feet 3 9.8 feet (1) (21) Lumber yards, home improvement centres and building supply establishments P 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (22) Medical and dental offices P 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (23) Motels D 3.7.4 (14) 1100 11,840 sq. feet 30 98.4 feet 15 3 9.8 feet (1) (24) Nurseries, greenhouses and garden centres P 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (25) Offices and office buildings P 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (26) Parking lots D 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (27) Personal service establishments P 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (28) Prefabricated building component manufacturing and assembly D 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (29) Recycling and collection depots D 3.7.4 (8) 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) Rural Municipality of Marriott No. 317 Zoning Bylaw 95 Table 6-5 C1 - COMMERCIAL AND LIGHT INDUSTRIAL DISTRICT DEVELOPMENT STANDARDS Use Development Standards Permitted or Discretionary Subject to Sections Minimum Site Area (m2) Minimum Site Width (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) (30) Repair shops and repair services D 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (31) Restaurants P 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (32) Retail food outlets P 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (33) Retail stores, but not including auction markets P 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (34) Service stations P 4.13.7 4.13.9 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (35) Taxidermy and accessory tanning of hides D 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (36) Temporary work camps D 4.13.20 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (37) Tourist camps D 3.5.2 (1) 4.13.2 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (38) Training centres P 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (39) Veterinary clinics and animal hospitals D 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) Industrial Uses (1) Agricultural equipment, fuel, and chemical supply establishments, but excluding bulk fuel sales and storage D 3.7.4 (11) 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (2) Asphalt and cement plants, gravel yards, and coal yards D 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (3) Bulk fuel sales and storage D 4.13.25 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (4) Construction trades and yards D 3.7.4 (6) 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (5) General Industrial Uses (see Use, General Industrial in Section 2) D 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (6) Indoor and outdoor storage rental facilities D 3.7.4 (8) 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) 96 Rural Municipality of Marriott No. 317 Zoning Bylaw Table 6-5 C1 - COMMERCIAL AND LIGHT INDUSTRIAL DISTRICT DEVELOPMENT STANDARDS Use Development Standards Permitted or Discretionary Subject to Sections Minimum Site Area (m2) Minimum Site Width (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) (7) Industrial service operations D 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (8) Light manufacturing or processing facilities D 3.7.4 (6) 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (9) Transportation, trucking and freight handling establishments D 3.7.4 (6) 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (10) Truck stops D 3.7.4 (12) 4.13.15 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (11) Warehouse, supply depot and storage establishments D 3.7.4 (6) 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (12) Welding and machine shops D 3.7.4 (6) 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) Municipal, Recreational, Institutional and Other Uses (1) Ambulance stations D 3.7.4 (5) 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (2) Community halls P 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (3) Historical and archaeological sites P - - - - - - - - - - (4) Municipal facilities P - - - - - - - - - - (5) Parks and playgrounds P - - - - - - - - - - (6) Places of worship P 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (7) Public works, excluding solid and liquid waste disposal sites P - - - - - - - - - - (8) Recreation facilities P 1100 11,840 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (9) Wind energy facilities (one turbine) D 4.13.17 As laid out in Section 4.14.17 Use Designations: (P) - Permitted Use Means a use or form of development allowed as of right in a zoning district, subject to the (D) - Discretionary Use A use or form of development specified in this Bylaw, which may be allowed Rural Municipality of Marriott No. 317 Zoning Bylaw 97 regulations contained in this Bylaw. following application to, and approval by Council; and which complies with the development standards and other regulations as may be required by Council and/or contained in this Bylaw. Special limitation and standards regarding Table 6-5 and the C1 - Commercial and Light Industrial District : (1) 10% of the depth of the site 98 Rural Municipality of Marriott No. 317 Zoning Bylaw Rural Municipality of Marriott No. 317 Zoning Bylaw 99 6.6 M1 - INDUSTRIAL DISTRICT 6.6.1 Intent The objective of the M1 - Industrial District is to provide for light industrial, heavy industrial and other compatible development in specific areas, with standards for such development. 6.6.2 Permitted and Discretionary Uses and Development Standards The permitted and discretionary uses and applicable development standards are laid out in Table 6-9. 6.6.3 Prohibited Uses Uses prohibited in M1 - Industrial District are as follows: 6.6.4 Accessory Buildings (1) Accessory buildings and uses, except dwelling units, shall be permitted and are subject to Section 4.13.1. 6.6.5 Regulations (1) Site Requirements The minimum and maximum site size and yard requirements are shown in Table 6-9. 6.6.6 Standards for Discretionary Uses Council will consider discretionary use applications in the M1 - Industrial District with regard to Section 3.7.2 Discretionary Use Evaluation Criteria and Section 3.7.3 Terms and Conditions for Discretionary Use Approvals as well as additional development standards noted as follows. (1) All operations shall comply with all regulations of Saskatchewan Environment and Saskatchewan Labour which govern their operation and development. (2) An application for a discretionary use approval for a commercial or industrial use is subject to Section 3.5.2 (4) of this bylaw. 6.6.7 Exceptions to Development Standards Exceptions to development standards in M1 - Industrial District, are as follows: 6.6.8 Landscaping Landscaping is subject to Section 4.15 of this Bylaw. 6.6.9 Outside Storage Outside storage, including garbage storage, is subject to Section 4.16 of this Bylaw. 100 Rural Municipality of Marriott No. 317 Zoning Bylaw Table 6-6 M1 - INDUSTRIAL DISTRICT DEVELOPMENT STANDARDS Use Development Standards Permitted or Discretionary Subject to Sections Minimum Site Area (m2) Minimum Site Width (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Residential Uses (1) Business dwellings D 3.7.4 (15) 930 10,010 sq. feet 30 7.5 24.6 feet 3 9.8 feet (1) Commercial and Industrial Uses (1) Abattoirs and meat packing plants D 4.13.24 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (2) Agricultural equipment, fuel, and chemical supply establishments, excluding bulk fuel sales and storage D 3.7.4 (11) 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (3) Agricultural implement, recreational vehicle, automobile, marine and manufactured homes sales and service establishments P 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (4) Agricultural product processing D 3.7.4 (11) 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (5) Agriculturally related commercial P 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (6) Agricultural service and contracting establishments D 3.7.4 (11) 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (7) Auto body and paint shops D 3.7.4 (6) 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (8) Asphalt and cements plants, gravel yards, and coal yards D 3.7.4 (7) 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (9) Auction marts, excluding livestock auction facilities P 4.13.14 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (10) Auto-wrecking, junk and salvage yards D 3.7.4 (13) 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (11) Bulk fuel sales and storage D 4.13.9 4.13.25 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (12) Cannabis production facilities D 3.7.4 (17) 4.13.27 4.23 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (13) Car and truck washes P 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) Rural Municipality of Marriott No. 317 Zoning Bylaw 101 Table 6-6 M1 - INDUSTRIAL DISTRICT DEVELOPMENT STANDARDS Use Development Standards Permitted or Discretionary Subject to Sections Minimum Site Area (m2) Minimum Site Width (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) (14) Construction yards P 3.7.4 (6) 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (15) Convenience stores P 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (16) Gas bars P 4.13.8 4.13.9 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (17) General industrial uses P 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (18) Grain Elevators P 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (19) Grain storage, milling, cleaning and/or drying facilities D 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (20) Indoor storage rental facilities D 3.7.4 (8) 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (21) Kennels D 4.13.13 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (22) Landscaping establishments P 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (23) Lumber yards, home improvement centres and building supply stores P 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (24) Livestock auction facilities D 3.7.4 (4) 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (25) Manufacturing and processing facilities P 3.7.4 (6) 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (26) Mineral resource processing D 3.7.4 (3) 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (27) Nurseries, greenhouses and garden centres P 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (28) Petroleum products storage and wholesale D 4.13.9 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (29) Prefabricated building component manufacturing and assembly P 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (30) Processing facilities for petroleum derivatives such as ethanol and bio- diesel D 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) 102 Rural Municipality of Marriott No. 317 Zoning Bylaw Table 6-6 M1 - INDUSTRIAL DISTRICT DEVELOPMENT STANDARDS Use Development Standards Permitted or Discretionary Subject to Sections Minimum Site Area (m2) Minimum Site Width (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) (31) Railway freight yards D 3.7.4 (6) 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (32) Refining, processing and storage of petroleum resources and related secondary industrial activity such as electrical generating plants and green houses D 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (33) Repair shops and repair services P 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (34) Restaurants P 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (35) Retail food outlets P 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (36) Service stations P 4.13.7 4.13.9 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (37) Stockyards D 3.7.4 (4) 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (38) Taxidermy and accessory tanning of hides D 3.7.4 (6) 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (39) Transloading facilities for oil and gas resources P 4.13.21 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (40) Transportation, trucking and freight handling establishments D 3.7.4 (6) 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (41) Truck stops D 3.7.4 (12) 4.13.15 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (42) Veterinary clinics and animal hospitals P 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (43) Warehouse, supply depots, storage yards and establishments P 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) (44) Welding and machine shops D 3.7.4 (6) 930 10,010 sq. feet 30 98.4 feet 7.5 24.6 feet 3 9.8 feet (1) Municipal, Recreational, Institutional and Other Uses (1) Historical and archaeological sites P - - - - - - - - - - (2) Municipal facilities P - - - - - - - - - - Rural Municipality of Marriott No. 317 Zoning Bylaw 103 Table 6-6 M1 - INDUSTRIAL DISTRICT DEVELOPMENT STANDARDS Use Development Standards Permitted or Discretionary Subject to Sections Minimum Site Area (m2) Minimum Site Width (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) (3) Parks P - - - - - - - - - - (4) Public works, excluding solid and liquid waste disposal sites P - - - - - - - - - - (5) Wind energy facilities (one turbine) D 4.13.17 As laid out in Section 4.13.17 Use Designations: (P) - Permitted Use A use of land or buildings or form of development that is prescribed as a use in the zoning district that is allowed on a site, subject to the regulations contained in this Bylaw. (D) - Discretionary Use A use or form of development specified in this Bylaw, which may be allowed following application to, and approval by Council; and which complies with the development standards and other regulations as may be required by Council and/or contained in this Bylaw. Special limitation and standards regarding Table 6-6 and the M - Industrial District: (1) Where abutting railway or railway reserve, no setback may be required in consultation with the railway authority/owner, otherwise 10% of the depth of the site 104 Rural Municipality of Marriott No. 317 Zoning Bylaw 7 REQUIRED SEPARATION DISTANCES BETWEEN USES Table 7-1: Separation Distances Between Uses (in metres) Rural Municipality of Marriott No. 317 Municipal Wells Residential * Parks, Playgrounds and Recreation Facilities Urban Municipality Single Building Site Multi-parcel Agricultural Residential or Hamlet Businesses Providing Overnight Accommodation Intensive Livestock Operation 300 - 499 A.U. 1,600 1,600 1,600 1,600 1,600 2,400 500 - 2,000 A.U. 1,600 1,600 1,600 1,600 1,600 3,200 > 2,000 A.U. 2,400 2,400 2,400 2,400 2,400 3,200 Liquid Manure from ILO - Directly Injected into the Soil 200 200 200 200 200 200 Manure Spreading from ILO - Solid (not incorporated within 24 hours) 800 800 800 800 800 800 Manure Spreading from ILO - Solid (incorporated within 24 hours) 400 400 400 400 400 400 Manure Spreading from Farm Operation which is not an ILO 100 100 100 100 100 100 Aggregate Extraction - - 400 800 400 - - 800 Waste Disposal Facilities Solid 1,600 457 457 457 457 457 Liquid 1,600 457 457 457 457 457 Anhydrous Ammonia Non-refrigerated 305 305 305 305 305 305 Refrigerated 600 600 600 600 600 600 Hazardous Industrial 1,600 1,600 1,600 1,600 1,600 2,400 Distances are measured as follows: between closest point of nearest: (1) Single residential property line... (2) Multi-parcel or hamlet residential building site... (3) Business proving overnight accommodation... (4) Park, playground or recreation facility... (5) Urban municipality... (6) Intensive livestock operation... (7) Aggregate extraction use... (8) Solid or liquid waste disposal facility (9) Anhydrous ammonia storage facility... (10) Hazardous Industrial site... (11) Manure spreading area... * All residences existing as of the adoption date of this bylaw are exempt from the separation distances required in Table 7-1. Any existing residences exempt from these separation distances, and which are damaged or destroyed by an occurrence such ... to the nearest residential property line, corporate limit, ILO, gravel pit, anhydrous ammonia storage facility, waste management facility, or to the site lines for other uses. Rural Municipality of Marriott No. 317 Zoning Bylaw 105 as wind, tornado or fire not intentionally started by the owner, may be rebuilt at the existing location, provided that any provincial approval that may be required has been obtained. * Council may reduce the prescribed distances contained in Table 7-1 where: (i) the land being separated is located in another Rural Municipality; (ii) the Council of the other affected Rural Municipality is consulted prior to approval of the proposed development; and (iii) appropriate fencing, screening, landscaping, berming, building and site orientation, road upgrading or other similar measures are provided to mitigate potential land use conflicts. * Distances measured between livestock facilities and building development shall mean the distance between the closest points on the outside wall of the livestock facility and the closest building development. For the purposes of meaning distance, building development shall refer to the outside wall of the closest primary structure that meets the definition of "building development", whether or not that structure is a stand-alone structure or is found within a residential subdivision, hamlet, village or town. * Separation distances for Manure Spreading shall not apply to residences owned by the person spreading manure. * Acceptable manure incorporation methods include: tandem disc, cultivation or vertical tillage. 106 Rural Municipality of Marriott No. 317 Zoning Bylaw Rural Municipality of Marriott No. 317 Zoning Bylaw 107 8 MAPS 108 Rural Municipality of Marriott No. 317 Zoning Bylaw 1 2 2 2 2 2 2 3 1 1 1 6 1 1 13 21 11 16 4 5 16 6 7 8 5 7 17 25 18 7 8 8 3 4 13 14 6 8 14 12 5 12 2 3 4 2 A 26 24 5 19 2 6 11 18 2 22 17 1 9 11 13 9 23 6 12 7 15 11 9 3 4 3 10 12 14 7 17 15 9 10 4 10 19 4 15 16 1 20 8 9 10 13 5 10 12 14 5 5 14 11 3 3 15 10 3 1 11 15 6 14 11 14 11 14 7 1 4 11 6 13 16 16 6 12 11 2 4 3 11 10 10 9 3 5 13 11 5 6 12 6 12 14 14 4 5 3 13 11 14 12 12 12 9 12 8 4 13 3 13 2 7 8 13 5 16 4 13 12 14 5 5 14 11 3 3 15 10 3 1 11 15 6 14 11 14 11 14 7 1 4 11 6 13 16 16 6 12 11 2 4 3 11 10 10 9 3 5 13 11 5 6 12 6 12 14 14 4 5 3 13 11 14 12 12 12 9 12 8 4 13 3 13 2 7 8 13 5 16 4 13 A A A A A E B Q A B DITCH Q 1 A A B B ? A A A A A A B R Q PUBLIC I A L B A A PUBLIC I A A DITCH A A A A B A A A PUBLIC I PUBLIC I A B A A A A A A A B A RESERVOI B A A A B A A R A M A A A A A A A A P A A K A B A A B A D A A A A A A A A A A X A A A B B C A A A A GRAVEL P A A A A A PUBLIC I A B A A A A PUBLIC I PUBLIC I PUBLIC I B A A B E B A A A A A GRAVEL P A A A A 19 22 31 06 19 17 10 15 27 32 29 04 09 03 10 23 18 05 09 21 27 02 20 30 12 18 30 20 04 26 36 12 09 11 11 01 12 31 32 33 33 34 03 23 12 24 20 21 10 02 05 09 21 30 16 22 23 11 23 26 36 25 05 08 34 26 32 17 21 28 03 15 33 34 19 05 10 14 26 02 18 19 02 13 32 04 09 01 06 08 09 32 33 04 19 16 34 26 24 06 04 28 14 01 19 32 21 10 27 35 35 36 13 05 29 16 27 06 22 11 01 30 04 16 15 27 23 18 16 10 35 12 26 25 35 02 30 17 15 14 08 17 20 32 13 19 08 17 02 31 18 28 14 23 19 33 24 08 27 25 05 08 14 30 08 29 21 01 25 05 04 11 18 28 22 28 15 22 07 14 01 25 06 18 20 04 34 35 13 25 15 02 23 32 21 07 13 36 11 01 07 28 31 06 05 33 25 03 26 35 16 22 12 07 36 31 32 17 16 28 23 13 24 31 06 29 33 28 22 02 26 19 20 28 27 36 24 23 16 03 30 34 07 18 21 31 01 12 30 29 10 15 11 06 07 29 03 02 11 24 31 08 10 22 29 11 07 17 35 35 25 06 17 31 25 36 12 24 26 35 36 18 29 27 07 20 29 16 03 08 33 27 34 20 12 13 24 30 17 33 04 09 15 09 01 07 09 21 03 14 20 34 03 10 14 36 24 05 15 22 34 13 14 13 33-15-3 31-13-3 33-13-3 32-15-3 33-14-3 31-14-3 32-14-3 32-13-3 31-15-3 0 .5 1 2 4 km Minister Saskatchewan Government Relations Approved on the day of . Rural Administrator This is the Zoning District Map which accompanies Bylaw Number adopted by the Rural Municipality of ZONING DISTRICT MAP Reeve PROJECT NO. CHA 16066 March 2017 DATE ZONING DISTRICTS AGRICULTURE COUNTRY RESIDENTIAL COUNTRY RESIDENTIAL HAMLET COMMERCIAL INDUSTRIAL M1 C1 H CR1 A CR2 A A A H H A H Rural Municipality of Marriott No. 317 Sheet 2 Sheet 3 Sheet 4 Sheet 1 of 4 Hamlet of Bents Hamlet of Valley Centre Hamlet of Marriott Marriott No. 317. 1 2 6 1 7 8 5 12 2 3 4 2 1 9 11 13 3 4 10 A 0 25 50 100 m Minister Saskatchewan Government Relations Approved on the day of . Rural Administrator This is the Zoning District Map which accompanies Bylaw Number adopted by the Rural Municipality of ZONING DISTRICT MAP Reeve PROJECT NO. CHA 16066 March 2017 DATE ZONING DISTRICTS AGRICULTURE COUNTRY RESIDENTIAL COUNTRY RESIDENTIAL HAMLET COMMERCIAL INDUSTRIAL M1 C1 H CR1 A CR2 H A A Sheet 2 of 4 Rural Municipality of Marriott No. 317 Marriott No. 317. 2 2 2 1 1 1 1 13 21 11 16 5 7 17 25 18 8 3 4 13 14 2 A 26 24 5 19 6 11 18 2 22 9 23 6 12 3 10 12 14 7 17 15 19 4 15 16 1 20 8 9 10 13 14 13 14 A L R A M K B B A 0 25 50 100 m Minister Saskatchewan Government Relations Approved on the day of . Rural Administrator This is the Zoning District Map which accompanies Bylaw Number adopted by the Rural Municipality of ZONING DISTRICT MAP Reeve PROJECT NO. CHA 16066 March 2017 DATE ZONING DISTRICTS AGRICULTURE COUNTRY RESIDENTIAL COUNTRY RESIDENTIAL HAMLET COMMERCIAL INDUSTRIAL M1 C1 H CR1 A CR2 H A A Sheet 3 of 4 Rural Municipality of Marriott No. 317 Marriott No. 317. 1 D A C E B 0 25 50 100 m Minister Saskatchewan Government Relations Approved on the day of . Rural Administrator This is the Zoning District Map which accompanies Bylaw Number adopted by the Rural Municipality of ZONING DISTRICT MAP Reeve PROJECT NO. CHA 16066 March 2017 DATE ZONING DISTRICTS AGRICULTURE COUNTRY RESIDENTIAL COUNTRY RESIDENTIAL HAMLET COMMERCIAL INDUSTRIAL M1 C1 H CR1 A CR2 H A A Sheet 4 of 4 Rural Municipality of Marriott No. 317 Marriott No. 317.