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RURAL MUNICIPALITY OF
MILDEN NO. 286
ZONING BYLAW
Prepared for:
THE RURAL MUNICIPALITY OF MILDEN NO. 286
Prepared by:
CROSBY HANNA & ASSOCIATES
LANDSCAPE ARCHITECTURE AND COMMUNITY PLANNING
SASKATOON, SK
JUNE 2024
The Rural Municipality of Milden No. 286
Bylaw No. _________
A Bylaw of the Rural Municipality of Milden No. 286 to adopt a Zoning Bylaw.
The Council of the Rural Municipality of Milden No. 286, 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 Milden No. 286 hereby adopts the Rural Municipality of Milden No. 286 Zoning
Bylaw, identified as Schedule "A" to this Bylaw.
(2)
The Reeve and Administrator of the Rural Municipality of Milden No. 286 are hereby authorized
to sign and seal Schedule "A" which is attached to and forms part of this Bylaw.
(3)
Bylaw No. 02-02 the Zoning Bylaw of the Rural Municipality of Milden No. 286, and all
amendments thereto, are hereby repealed.
(4)
This Bylaw shall come into force on the date of final approval by the Minister of Government
Relations.
Read a first time the
__________ day of ____________________, _________
Read a second time the
__________ day of ____________________, _________
Read a third time the
__________ day of ____________________, _________
Adoption of 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 MILDEN NO. 286
ZONING BYLAW
Being Schedule "A" to Bylaw No. ________
of the Rural Municipality of Milden No. 286
_________________________________
(Reeve)
SEAL
_________________________________
(Administrator)
TABLE OF CONTENTS
1
INTRODUCTION ................................................................................ 10
1.1
Title ............................................................................................................................................. 10
1.2
Scope ........................................................................................................................................... 10
1.3
Purpose ........................................................................................................................................ 10
1.4
Severability ................................................................................................................................. 10
2
INTERPRETATION .............................................................................. 11
3
ADMINISTRATION ............................................................................. 32
3.1
Development Officer ................................................................................................................... 32
3.2
Application for Development Permit .......................................................................................... 32
3.3
Developments Not Requiring A Development Permit ................................................................ 32
3.4
Other Permit Requirements ......................................................................................................... 33
3.5
Application Requirements ........................................................................................................... 33
3.6
Development Permit Application Process ................................................................................... 37
3.7
Discretionary Use Applications .................................................................................................. 38
3.8
Validity of a Development Permit ............................................................................................... 47
3.9
Amending the Zoning Bylaw ...................................................................................................... 47
3.10
Development Appeals Board ...................................................................................................... 47
3.11
Minor Variances .......................................................................................................................... 47
3.12
Fees ............................................................................................................................................. 48
3.13
Zoning by Agreement .................................................................................................................. 48
3.14
Offences and Penalties ................................................................................................................ 49
4
GENERAL REGULATIONS ..................................................................... 50
4.1
Frontage on the Road .................................................................................................................. 50
4.2
Development on Hazard Lands ................................................................................................... 50
4.3
Building to be Moved ................................................................................................................. 51
4.4
Waste Disposal ............................................................................................................................ 52
4.5
Water ........................................................................................................................................... 52
4.6
Storage of Chemicals, Fertilizers and Combustible Materials .................................................... 52
4.7
One Principal Building Permitted on a Site ................................................................................ 52
4.8
Non-Conforming Buildings, Sites and Uses ............................................................................... 53
4.9
Modular Dwellings ..................................................................................................................... 53
4.10
Manufactured Dwellings ............................................................................................................. 53
4.11
Public Works, Pipelines and Municipal Facilities ....................................................................... 53
4.12
Vehicle Storage ........................................................................................................................... 53
4.13
Fences ......................................................................................................................................... 54
4.14
Shipping Containers .................................................................................................................... 54
4.15
Setback from Centre Line of Roads ............................................................................................ 55
4.16
Outside Storage and Waste Material Storage .............................................................................. 56
4.17
Prohibited Uses in All Districts ................................................................................................... 56
4.18
Building Lines ............................................................................................................................. 56
4.19
Dwelling Groups ......................................................................................................................... 57
4.20
Temporary Uses .......................................................................................................................... 57
4.21
Visibility Clearance at Intersections............................................................................................ 58
4.22
Membrane Covered Structures .................................................................................................... 58
4.23
Signs and Billboards ................................................................................................................... 58
4.24
Lighting of Sights ....................................................................................................................... 59
4.25
Development on Hazard Lands ................................................................................................... 59
5
SPECIAL STANDARDS AND REGULATIONS .............................................. 61
5.1
Accessory Uses, Buildings and Structures .................................................................................. 61
5.2
Campgrounds and Tourist Camps ............................................................................................... 64
5.3
Manufactured Home Courts ........................................................................................................ 64
5.4
Public Works in the Form of Solid and Liquid Waste Management or Disposal Facilities ........ 65
5.5
Bed and Breakfast Homes and Vacation Farms .......................................................................... 66
5.6
Custodial Care Facilities and Residential Care Facilities ........................................................... 66
5.7
Service Stations ........................................................................................................................... 67
5.8
Gas Bars ...................................................................................................................................... 67
5.9
Above Ground Fuel Storage Tanks and Bulk Petroleum Tanks .................................................. 67
5.10
Home-based Businesses and Farm-based Businesses ................................................................. 67
5.11
Outfitter Base Camps and Tourism Base Camps ........................................................................ 68
5.12
Kennels (Boarding and Breeding) ............................................................................................... 68
5.13
Auction Markets .......................................................................................................................... 68
5.14
Truck Stops ................................................................................................................................. 69
5.15
Solar Energy Systems ................................................................................................................. 69
5.16
Wind Energy Facilities (one turbine) .......................................................................................... 69
5.17
Wind Farms (two or more turbines) ............................................................................................ 70
5.18
Dwelling Groups ......................................................................................................................... 72
5.19
Meat Processing and Kill Facilities ............................................................................................ 72
5.20
Transloading Facilities ................................................................................................................ 72
5.21
Oil and Gas Exploration and Development ................................................................................ 72
5.22
Junk and Salvage Yards ............................................................................................................... 73
5.23
Crematoriums .............................................................................................................................. 73
5.24
Communal Farm Settlements ...................................................................................................... 74
5.25
Cannabis Production Facilities .................................................................................................... 74
5.26
Cannabis Retail Stores ................................................................................................................ 75
5.27
Solar Farms ................................................................................................................................. 75
5.28
Equestrian Facilities .................................................................................................................... 75
5.29
Temporary Work Camps ............................................................................................................. 75
5.30
Development near pipelines ........................................................................................................ 77
5.31
Irrigation Projects ........................................................................................................................ 77
5.32
Development in Proximity to Railways ...................................................................................... 77
5.33
Airports and Private Airstrips ..................................................................................................... 77
6
ZONING DISTRICTS ............................................................................ 78
6.1
Classification of Zoning Districts ............................................................................................... 78
6.2
Zoning District Maps .................................................................................................................. 78
6.3
Boundaries .................................................................................................................................. 78
6.4
Regulations ................................................................................................................................. 79
6.5
Properties with More than One Zoning District .......................................................................... 79
6.6
Transitional Zoning Provisions ................................................................................................... 79
7
DISTRICT SCHEDULES ......................................................................... 80
7.1
A - Agricultural .......................................................................................................................... 80
7.2
R - Residential District ............................................................................................................... 85
7.3
H - Hamlet District ..................................................................................................................... 89
7.4
IC - Industrial/Commercial District ........................................................................................... 92
8
REQUIRED SEPARATION DISTANCES BETWEEN USES ............................... 97
9
MAPS .............................................................................................. 98
10
Rural Municipality of Milden No. 259 Zoning Bylaw
1 INTRODUCTION
1.1
TITLE
This Bylaw shall be known as the "Zoning Bylaw of the Rural Municipality of Milden No. 286".
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 Official community plan for the Rural Municipality of Milden No. 286.
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.
Rural Municipality of Milden No. 286 Zoning Bylaw
11
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: shall mean 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: shall mean The Planning and Development Act, 2007, as amended.
Agroforestry: shall mean a collective name for the practice of intentionally using tress within land use
systems and practices in which woody perennials are deliberately integrated with crops and/or animals on
the same land management unit either in spatial or temporal sequence.
Airports and Airstrips: a runway or runways for the take-off and landing of aircraft and licensed by
Transport Canada. This use shall also include accessory buildings and structures used for the storage of
aircraft and for small accessory uses such as offices, restaurants and automobile rental establishments.
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.
Anhydrous Ammonia Facility: a facility for the sale and storage of anhydrous ammonia.
Animal Unit: shall mean 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
(2) Hogs
(a) boars or sows
3
(b) gilts
4
(c) feeder pigs
6
(d) weanling pigs
20
(3) Sheep
(a) rams or ewes
7
12
Rural Municipality of Milden No. 259 Zoning Bylaw
(b) lambs
14
(4) Goats, Llamas, Alpacas,etc.
7
(5) Cattle
(a) cows or bulls
1
(b) feeder cattle
1.5
(c) replacement heifers
2
(d) calves
4
(6) Horses
(a) colts or ponies
2
(b) other than colts or ponies
1
(7) Other
(a) domesticated native ungulates
(deer, elk, bison, etc.)
1
Applicant: shall mean a developer or person applying for a development permit under this bylaw.
Auction Market: shall mean a building, structure, or lot, or part thereof, used as a premises where goods
and materials that are to be sold by public auction.
Bare Land Condominium: shall mean a condominium divided into bare land units, as defined in The
Condominium Property Act, 1993.
Bare Land Unit: shall mean a bare land unit as defined in The Condominium Property Act, 1993.
Bed and Breakfast Home: shall mean 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
providing the sleeping accommodation and one meal per day; and,
(c)
the meal which is provided is served before noon each day.
Bin yard: shall mean a site used for the storage of grain, fertilizer, machinery and other equipment.
Building: shall mean a structure used for the shelter or accommodation of persons, animals, or chattels.
Building Bylaw: shall mean any bylaw of the Rural Municipality of Milden No. 286 regulating the erection,
alteration, repair, occupancy or maintenance of buildings or structures.
Building Floor Area: shall mean 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: shall mean the vertical distance of a building measured from grade level to the highest
point of the roof surface, if a flat roof; to the deck line of a mansard roof; and to the mean height level
Rural Municipality of Milden No. 286 Zoning Bylaw
13
between eaves and ridge for a gable, hip or gambrel roof (refer to Figure 2-1).
Figure 2-1: Interpretation of Building Height Measurement
Building Line, Established: shall mean 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: shall mean a permit issued under a building bylaw of the municipality authorizing the
construction of all or part of any building.
Building, Principal: shall mean the main building in which the principal use of the site is conducted.
Business Dwelling: shall mean 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: shall mean 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.
Campsite: shall mean 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: shall mean 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
14
Rural Municipality of Milden No. 259 Zoning Bylaw
of the cannabis plant and any of its derivatives.
Cannabis Retail Store: shall mean a retail store, approved under federal and provincial regulations that
sells cannabis and any of its derivatives.
Carport: shall mean 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: shall mean a building or portion of a building which is used for the washing of vehicles,
including full service, automatic and hand operated facilities.
Cemetery: shall mean 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: shall mean 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.
Communal Farm Settlement: shall mean a multi-use development located on a single site that typically
is associated with a farm operation or intensive livestock operation carried out on the same site or on an
adjacent site by a religious colony or other association by or on behalf of the occupants of the communal
farm settlement and may include the following:
(a)
single detached dwellings and communal dwellings;
(b)
cooking and eating facilities;
(c)
living areas and sleeping facilities;
(d)
sanitary facilities;
(e)
places of worship;
(f)
educational and child care facilities;
(g)
recreation facilities;
(h)
cemeteries;
(i)
workshops;
(j)
accessory buildings and uses; and,
(k)
other similar uses at Council's discretion.
Community Centre: shall mean 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: shall be 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: shall mean 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: shall mean the Council of the Rural Municipality of Milden No. 286.
Crematorium: shall mean a building fitted with the proper appliances for the purposes of cremation of
human or animal remains and includes everything incidental or ancillary thereto.
Rural Municipality of Milden No. 286 Zoning Bylaw
15
Cultural Institution: shall mean an establishment such as a museum, art gallery, library and similar
facilities of historical, educational or cultural interest.
Custodial Care Facility: shall mean 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: shall mean 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.
Deck: shall mean a raised open platform, with or without rails, attached to a principal building.
Development: shall mean 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: shall mean a document authorizing a development issued pursuant to this Bylaw.
Distilleries, Wineries and Breweries: shall mean facilities for the production of alcoholic and other
beverages, including the distillation, aging, blending, fermenting, bottling, storage, distribution, promotion
and sale of said beverages.
Dwelling: shall mean a building used or intended for residential occupancy and may include a Modular
Dwelling, a Ready-to-Move Dwelling, or Manufactured Dwelling as herein defined.
Dwelling, Communal: shall mean a detached building consisting of two or more dwelling units as defined
herein which each unit has its own entrance to the outside.
Dwelling, Garden Suite: shall mean 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: shall mean 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, Manufactured: shall mean a mobile home that conforms to Canadian Standards Association
No. Z240 MH series of standards for mobile homes or to such standards as may have been defined by the
Canadian Standards Association or mobile homes at any time subsequent to the definition of the standard
set out as Z240.
Dwelling, Modular: shall mean 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
the site for assembly on a fixed approved foundation which complies with the requirements of The National
Building Code of Canada.
16
Rural Municipality of Milden No. 259 Zoning Bylaw
Dwelling, Multiple Unit: shall mean a building divided into three or more dwelling units as herein defined
and shall include town or row houses and apartment dwellings but not hotels or motels.
Dwelling, Secondary Suite: shall mean 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): shall mean 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 that complies with the requirements of the National Building Code of Canada.
Dwelling, Semi-Detached: shall mean 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: shall mean a detached building consisting of one dwelling unit as herein
defined, but shall not include a manufactured home as herein defined.
Dwelling, Two-Unit: shall mean 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: shall mean 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: shall mean a 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.
Environmental Reserve: means dedicated lands that are provided to a municipality or to the Crown, as the
case may be pursuant to section 185 of The Act.
Farm: shall mean the land, buildings, and machinery used in the commercial production of farm products.
Farm-based Business: shall mean an occupation carried on by the operators of a farm, ancillary to the
principal use.
Farm Dwelling: shall mean an accessory dwelling on a farm that is intended to accommodate farm workers.
Farm Operation: shall mean the 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: shall be those plants and animals useful to man and including, but not limited to:
(a)
forages and sod crops;
(b)
grains and feed crops;
Rural Municipality of Milden No. 286 Zoning Bylaw
17
(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: shall mean an artificially constructed barrier erected to enclose or screen areas of land.
Financial Institution: shall be a bank, credit union, trust company, or similar establishment.
Fishery: shall mean any business or commercial undertaking that involves fishing or raising, possessing,
using, culturing, processing, packaging, marketing, carrying, transporting or disposing of any fish.
Fish Management Activities: shall mean 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: shall mean the side site line of a corner site which abuts the street.
Flood Hazard Area: shall mean 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: shall mean 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: shall mean a zone within the flood hazard area where typically only necessary infrastructure is
allowed (e.g. water intakes and outfalls, bridge piers and abutments, etc.) or development that is of low
value and non-obstructive (e.g. 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: shall be the techniques or measures taken to permanently protect a structure or
development from flood damage. These can include measures such as elevating building (e.g. building on
18
Rural Municipality of Milden No. 259 Zoning Bylaw
fill or piers), constructing dykes, creating upstream storage, diversions, and channelization.
Foreshore: shall be the Crown Land lying between the shore of any watercourse and registered surface
parcels.
Gas Bar: shall mean a building or facility used for the retail sale of motor vehicle fuels from fixed pumps.
Hazard Land: shall mean land which may be subject to flooding, ponding, slumping, subsidence,
landslides, erosion, or contamination by hazardous material.
Hazardous Material: shall mean 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;
(g)
poisonous (toxic) and infectious substances;
(h)
radioactive materials;
(i)
waste Dangerous Materials; and,
(j)
any other environmentally hazardous substance.
Health Care Clinic: shall mean 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: shall mean 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.
Home-based Business: shall mean an occupation carried on by the occupants of a residence ancillary to a
principal use.
Hotel: shall mean 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: shall mean 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: shall mean 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.
Rural Municipality of Milden No. 286 Zoning Bylaw
19
Intensive Livestock Operation (ILO): shall mean 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: shall mean an area where two or more streets or lanes meet or cross at grade.
Junk and Salvage Yards: shall be 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: shall mean the temporary accommodation of dogs, cats or other domestic animals for commercial
purposes.
Lakeshore: shall mean the line denoting the ordinary high-water mark for any lake.
Lakeshore site: shall mean any site that abuts the bank of the lake, or abuts public, municipal or
environmental reserve land that abuts the bank of the lake
Landscaping: shall mean 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, 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: shall mean 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: shall mean a public highway vested in the Crown as a secondary level of access to a lot or parcel of
land.
Linear Park: shall mean 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: shall mean 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: shall mean an area of land with fixed boundaries and which is of record with the Information Services
Corporation by Certificate of Title.
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Rural Municipality of Milden No. 259 Zoning Bylaw
Lounge: shall mean 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: shall mean 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 Dwelling Court: shall mean 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 Dwelling Site: shall mean an area of land in a manufactured home court for the placement
of a manufactured dwelling.
Manufactured Dwelling Subdivision: shall mean any residential subdivision of land containing lots under
either freehold or leasehold tenure for the purpose of accommodating manufactured dwellings in such a
manner that each manufactured dwelling 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: shall mean 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: shall mean manufacturing and processing facilities
where all operations are contained within an enclosed building.
Membrane-Covered Structure: shall mean 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: shall mean the blasting, crushing, washing, screening, weighing, sorting,
blending and/or refining of mineral resources.
Minimum Building Elevation (M.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 M.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 Water Security Agency 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.
Minister: shall mean the member of the Executive Council to whom, for the time being, is assigned the
administration of The Planning and Development Act, 2007.
Motel: shall mean an establishment consisting of a group of attached or detached living or sleeping
Rural Municipality of Milden No. 286 Zoning Bylaw
21
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: shall mean 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: shall mean 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: shall mean The Rural Municipality of Milden No. 286.
Municipal Reserve: means dedicated lands, The Act:
(i) that are provided to a municipality pursuant to clause 181(a); or
(ii) that were dedicated as public reserve and transferred to a municipality pursuant to section 191,
whether or not title to those lands has been issued in the name of the municipality.
Nacelle: shall mean the framing and housing at the top of a wind tower that enclose the gearbox and
generator.
Non-Conforming Building: shall mean 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: shall mean 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, but the site area or site dimensions do not conform to the standards of the zoning bylaw for that use.
Non-Conforming Use: shall mean 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.
Non-Participating Noise Receptor: the center point of any occupied use or structure that is unrelated in
ownership to the noise producer.
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Rural Municipality of Milden No. 259 Zoning Bylaw
Office and Office Building: shall mean 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, transshipped, sold or processed.
Official Community Plan (OCP): the Official Community Plan, as most recently amended, for the Rural
Municipality of Milden No. 286.
Outfitter Base Camp: shall mean 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: shall mean 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: shall mean 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: shall mean accommodation for the parking of vehicles off a public street or lane.
Parking Space, Vehicle: shall mean 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: shall mean 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: shall mean 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: shall mean a place used for worship and related religious, philanthropic or social
activities and includes accessory rectories, manses, meeting rooms and other buildings. Typical uses
include churches, chapels, mosques, temples, synagogues and parish halls.
Preschool: shall mean a facility which provides a program for preschool aged children.
Public Hospital: shall mean a hospital operated by the Regional Health Authority.
Public Utility: shall mean a government, municipality or corporation under Federal or Provincial statute
which operates a public work.
Rural Municipality of Milden No. 286 Zoning Bylaw
23
Public Work: shall mean:
(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 towers, internet, cable television or light distribution or transmission lines; and,
(f)
facilities for the collection, storage, movement and disposal of storm drainage.
Principal Building: shall mean the main building in which the principal use of the site is conducted.
Public Utility: shall mean a government, municipality or corporation under Federal or Provincial statute
which operates a public work.
Recreational Facility: shall mean a recreation or amusement facility open to the general public.
Recreation Vehicle: shall mean a unit intended to provide temporary living accommodation for campers
or travelers; 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: shall mean a recreational vehicle that conforms to Canadian Standards
Association, Construction Standard No. Z241 Series, Park Model Trailers.
Recreational Vehicle Park, Permanent: shall mean a site intended to accommodate one or more recreation
vehicles or trailer coaches at a time on a temporary basis.
Recycling Collection Depot: shall mean 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: shall mean the Reeve of the Rural Municipality of Milden No. 286.
Rental Suite: shall mean 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: shall mean 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: shall mean repair shops and repair services where all
operations are contained within an enclosed building.
Residential Care Facility: shall mean 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.
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Rural Municipality of Milden No. 259 Zoning Bylaw
Restaurant: shall mean 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: shall mean 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: shall mean the blades and hubs of a wind turbine that rotate during its operation.
Rural Municipal Administrator: shall mean the Rural Municipal Administrator for the Rural
Municipality of Milden No. 286.
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 metres for most situations.
For dykes used as flood-proofing, a freeboard of 0.6 metres 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 metres may
be recommended.
Sand Drag Hose: shall mean a manure application system that uses a drag hose and irrigation pump to
move liquid manure from a livestock operation, and apply it to agricultural fields by means of direct
injection.
School: shall mean 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: shall mean a fence, wall, berm or planted vegetation located so as to visually shield or obscure
one abutting area of use from another.
Service Station: shall mean 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.
Shipping Container: shall mean a prefabricated metal container or box specifically constructed for the
transport of goods by rail, ship or transport truck and used for storage.
Sight Triangle: shall mean 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 at point which are measured
distance along said site lines. (refer to Figure 2-2).
Rural Municipality of Milden No. 286 Zoning Bylaw
25
DESIGN SPEED (KM/H)
STOPPING SITE DISTANCE (S.S.D.)
≤ 60
7.5 m
≤ 80
140 m
≤ 100
200 m
Figure 2-2: Sight Triangle
Sign: shall mean 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: shall mean one or more contiguous lots under one ownership and used, or intended to be used, by a
single principal use.
Site, Corner: shall mean a site at the intersection or junction of two (2) or more streets (refer to Figure 2-
3).
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Rural Municipality of Milden No. 259 Zoning Bylaw
Site, Interior: shall mean a site other than a corner site (refer to Figure 2-3).
Site, Lakeshore: shall mean 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: shall mean a site not more than one lot in depth, having a frontage on two streets more or
less parallel (refer to Figure 2-3).
Figure 2-3: Illustration of Site Definition
Site Coverage: shall mean that portion of the site that is covered by principal and accessory buildings.
Site Drainage Plan: shall mean 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: shall be,
(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.
Rural Municipality of Milden No. 286 Zoning Bylaw
27
Site Line, Front: shall mean the boundary at the front of the site.
Site Line, Rear: shall mean the boundary at the rear of the site and opposite the front site line.
Site Line, Side: shall mean a site boundary other than a front or rear site line.
Solar Energy System: shall mean any solar collector, panel, shingle, or other solar energy device or
ancillary equipment mounted on a building or a free-standing structure, whose primary purpose is to provide
for the collection, storage, and distribution of solar energy.
Solar Farm: shall mean Systems designed for the primary purpose of generating power for the sale to third
parties 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.
Stock Pile: shall mean an accumulated supply of materials or goods held in reserve within the area of any
site.
Storage Garage: a building used for storage purposes only, where no business, occupation, or service is
conducted for gain and in which no space is rented for commercial vehicles and no repair facilities are
maintained.
Street: shall mean 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 Facilities, Indoor/outdoor: shall mean 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: shall mean 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: shall mean a division of land as described in the regulations pursuant to The Land Surveys
Act, 2000.
Supply Depot: shall mean a facility that specializes in the bulk storage and sale of products and supplies.
Telecommunications Facility: shall include,
(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 communication signals.
Temporary Building: shall mean a building without a foundation or footing, and that is to be removed
upon expiration of a designated time period.
Temporary Use: shall mean 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.
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Rural Municipality of Milden No. 259 Zoning Bylaw
Temporary Work Camp: shall mean 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: shall mean 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: shall mean 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: shall mean an establishment that conducts technical training and instruction in a technical
subject or trade.
Trailer Coach: shall mean 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, 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: shall mean means a facility used to transfer oil and gas resources, other natural
resources or agricultural products 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: shall mean 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: shall mean the use of land for raising shrubs, trees and bedding plants.
Truck Stop: shall mean 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: shall mean 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: includes,
(a)
grain and seed storage, sales, cleaning and drying;
(b)
fertilizer and chemical processing, distribution, mixing and sales (subject to provincial
regulations);
(c)
livestock and poultry breeding services;
(d)
bin yards;
Rural Municipality of Milden No. 286 Zoning Bylaw
29
(e)
implement and machinery assemblage, sale and service;
(f)
bulk fuel sales and storage;
(g)
taxidermy and the accessory tanning of hides;
(h)
feed processing, packaging and sales;
(i)
grain, pulse crop and oil seed processing, packaging and sales;
(j)
food and beverage processing, packaging and sales and distribution;
(k)
Ethanol and biodiesel processing;
(l)
Supplement and pharmaceutical processing and packaging, including but not limited to
probiotics and protein products;
(m)
Inland terminals or grain elevators;
(n)
other similar uses subject to Council approval.
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: any of the following activities:
(a)
the processing of raw or finished materials including animal and plant products;
(b)
the manufacturing or assembly of goods, products or 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 household use, where such
operations have impacts that would make them incompatible with non-industrial development;
(d)
the storage and transhipping of materials, goods and equipment, including warehouses and
wholesaling operations and may be oriented to a rail or road transport (e.g. trucking operations
and railway freight yards, etc.);
(e)
the training of personnel in general industrial operations; and.
(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,
transshipment, 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, and transloading
facilities for oil and gas resources).
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.
Vacation Farms: shall mean a farm dwelling open for the accommodation of paying guests.
Veterinary Clinic: shall mean 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.
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Rural Municipality of Milden No. 259 Zoning Bylaw
Warehouse: shall mean a building used primarily for the storage of goods and materials.
Wholesale Establishment: shall mean 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: shall mean 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: shall mean 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.
Waste Transfer Station: a facility used to temporarily store solid waste before it is transported to a
treatment, recycling, recovery or disposal facility.
Wildlife Management Activities: shall mean activities involved in the proper management of an area or
region for the continuous production of wildlife therefrom.
Wind Energy Facility: shall mean 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: shall mean a wind energy facility consisting of two or more wind turbines.
Wind Turbine: shall mean 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: shall mean an unoccupied space open to the sky on the same site with a building or structure.
Yard, Front: shall mean that part of a site which extends across the full width of a site between the front
site line and the nearest main wall of a building or structure.
Yard, Rear: shall mean 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: shall mean 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: shall mean 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: shall mean 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.
Rural Municipality of Milden No. 286 Zoning Bylaw
31
32
Rural Municipality of Milden No. 259 Zoning Bylaw
3 ADMINISTRATION
3.1
DEVELOPMENT OFFICER
The Rural Municipal 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 shall be considered
intensive livestock operations under 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)
Farm Operations
Any 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.
(2)
Accessory Farm Buildings and Structures
Farm buildings and structures where accessory to permitted farm or any farm dwelling,
excluding any Intensive Livestock Operation structure, wind energy facility.
(3)
Small Accessory Buildings
Single story accessory buildings with a building floor area less than 9.3 m2
(4)
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.
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(5)
Municipal Facilities
Any facility, including buildings and structures, installed and operated by the Rural
Municipality.
(6)
Maintenance
Maintenance and repairs that do not include any structural alterations.
(7)
Temporary Confinement of Livestock
The temporary confinement of livestock during the winter months as part of a permitted
farm operation.
(8)
Signs
Subject to the provisions of Section 4.22 of this bylaw.
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.
(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,
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Rural Municipality of Milden No. 259 Zoning Bylaw
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 Development Maps in Section 7 of the 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 applicant for a discretionary use approval for an intensive livestock operation shall
provide the following 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 8-1 - Required Separation Distances Between Uses" and measured as
specified in the notes to that table;
(b)
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;
(c)
of proposed methods of manure management, including on-site storage or
stockpiling, transportation, and spreading, incorporation or disposal;
(d)
of proposed odour management and control measures, including proposed odour
management and control related to earthen manure storage facilities and liquid
manure lagoons, and odour management and control measures related to the
ventilation of hog or poultry barns;
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(e)
of the location and extent of sufficient lands to be used for the spreading of manure
from the ILO, as well as proposals for the annual confirmation of the continued
availability of such lands;
(f)
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,
(3)
Intensive Agricultural Operation
An application for a discretionary use approval for an intensive agricultural operation
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)
Industrial Use
An applicant for a discretionary use approval for a commercial or industrial use may be
required to provide:
(a)
documentation, to Council's satisfaction, as specified in Section 3.7.2.2 of the
Official Community Plan and documentation that the locational criteria in Table 8-
1 are satisfied.
(5)
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 rural municipal limits,
whether within the RM or within an adjacent municipality, listed in "Table 8-1 -
Required Separation Distances Between Uses" and measured as specified in the
notes to that table (refer to Section 3.7.2.2 of the Official Community Plan); and
(b)
of the distance to the nearest permanent surface water course or permanent water
body.
(6)
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 rural municipal limits,
whether within the RM or within an adjacent municipalities, listed in "Table 8-1 -
Required Separation Distances Between Uses" and measured as specified in the
notes to that table (refer to Section 3.3.2.1 of the Official Community Plan).
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Rural Municipality of Milden No. 259 Zoning Bylaw
(7)
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.
(8)
Dwelling in a Country Residential Zoning District
An application for a development permit for a dwelling in any country residential zoning
district may be required to 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.
(9)
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:
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(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.
(10)
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 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 8-1 -
Required Separation Distances Between Uses";
(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. 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".
(f)
a description of the measures to be taken for the prevention and lessening of dust
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 3.5.2 (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.
Council may enter into a formal Road Maintenance Agreement with the Developer or
Contractor.
3.6
DEVELOPMENT PERMIT APPLICATION PROCESS
3.6.1
The Development Officer shall review all applications for completeness and shall inform an
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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.
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
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39
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.
(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)
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;
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Rural Municipality of Milden No. 259 Zoning Bylaw
(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 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 approval extension be granted for an additional twelve
(12) month period by the Development Officer.
(5)
If an approved discretionary use or discretionary form of development ceases to operate for a period
of twenty-four (24) consecutive months or more, Council may require a new discretionary use
approval where the use is subject to separation distances that may limit potential adjacent
development. 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.
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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 provision 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,
(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)
Gravel Pits & Gravel Crushing Operations
(a)
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:
(i)
Conditions respecting the operation of the pit or quarry;
(ii)
Responsibilities of the developer and/or operator concerning the
reclamation of the site;
(iii)
The routing of trucks to and from the site;
(iv)
The planting of trees on and/or near the site, and/or in another location to
the satisfaction of Council;
(v)
The erection of fencing and signs;
(vi)
The maintenance of municipal roadways; and/or,
(vii)
The posting by the developer of a performance bond to guarantee
adherence to the above or any other requirements that Council may
specify.
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Rural Municipality of Milden No. 259 Zoning Bylaw
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,
(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 5.9 (above ground fuel storage tanks), if
applicable.
(2)
Community service uses, schools, educational facilities, clubs, places of worship, day care
centres, 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 and include adequate safety precautions
incorporated into site plans and applications.
(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:
(a)
In reviewing an application, Council shall consider the environmental implications
of the operation including plan for site restoration.
(b)
In addition to the public notification provisions for discretionary uses contained
within this bylaw, council shall require details of the application be circulated to
property owners adjacent to the proposed haul roads to obtain public input on the
proposed site.
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(c)
The applicant and operator shall ensure that dust and noise control measures are
undertaken at the request of and to the satisfaction of Council to prevent the
operations from becoming an annoyance to neighboring landowners.
(d)
The applicant and operator shall apply appropriate methods for minimizing the
noise created from machinery and equipment through proper location and property
screening including locating stockpiles to act as a noise barrier.
(e)
The applicant and operator shall keep the site in a clean and tidy condition free
from rubbish and non-aggregate debris.
(f)
The disturbed area shall be progressively reclaimed to a land capability equivalent
to pre-disturbance land capability (for example, agricultural land) or post-
disturbance condition and land use (for example, conversion to a wetland) which
is satisfactory to Council. These conservation and reclamation procedures shall be
in accordance with the applicable provincial guidelines.
(g)
Property approaches shall be located away from existing residential dwelling units.
(h)
The applicant shall be responsible for providing an estimate and a corresponding
financial guarantee, in a form acceptable to council, equal to the cost of
reclamation of the pit, to be held by the municipality for the lifespan of the
operation.
(i)
The resource extraction industry shall have regard to adjacent land uses and no
materials is to be stored or piled on any road allowance or within 30 m (100ft) of
the bank of any river or watercourse.
(j)
The applicant, operator or any person who hauls the mineral resource may be
required buy Council to enter into a road maintenance agreement.
(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, agriculturally related commercial and industrial
uses and general industrial uses:
(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
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Rural Municipality of Milden No. 259 Zoning Bylaw
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;
(c)
Uses that include 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)
All manufacturing and assembly operations 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/outdoor 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;
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(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:
(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) and agricultural related commercial and
industrial uses
(a)
The location of these 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.
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Rural Municipality of Milden No. 259 Zoning Bylaw
(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)
Hotels and Motels including Resort Developments:
(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.
(14)
Dwelling Units for the Operator of an Industrial or Commercial Use:
(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.
(15)
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.
(16)
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.
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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.
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.
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3.11.2 Council shall maintain a registry of the location and all relevant details of the granting of such
variances.
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 use:
No Fee
(b)
Discretionary use:
$200.00
(c)
Development Appeal Fee:
up to $300.00 as specified by the
Development Appeals Board
These fees shall be in addition to any fee required by Section 3.12.1 above.
(2)
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: $400
(b)
Map amendments (see table below):
Class 1 Districts: A
Class 2 Districts: R, H
Class 3 Districts: IC
Zoning Map
Amendments
To
Class 1
Class 2
Class
3
From
Class
1
$200
$400
$800
Class
2
$200
$400
$800
Class
3
$200
$400
$800
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
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49
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.
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4 GENERAL REGULATIONS
Except as noted, the following regulations shall apply to all zoning districts in this bylaw:
4.1
FRONTAGE ON THE ROAD
4.1.1
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.
4.1.2
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 100
metres of:
(1)
any slope(s) that may be unstable;
(2)
any river or stream flood plain; and/or,
(3)
any other land that may be subject to flooding;
(4)
any other land that may be subject to flooding or hazardous conditions otherwise unsuited
for development or occupation because of its inherent danger to public health, safety, or
property.
(5)
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 4.3.1, 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 1:500 year flood elevation as identified in The
Statements of Provincial Interest Regulation, 2012, 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
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or on contaminated sites if any.
4.2.3
Where a proposed development is to be located on lands considered by Council to be potentially
contaminated (soil, water, etc.), Council shall require an environmental site assessment be done by
a qualified Engineer, registered in the province of Saskatchewan, to determine the suitability of site
with respects to the proposed development. If lands are deemed unsuitable, council shall require a
report detailing necessary subsequent step, as outlined by the Saskatchewan Ministry of
Environment. The costs associated with undertaking specified mitigation measures providing the
required documentation related to any specified mitigation measures will be borne by the applicant
or proponent of the proposed development.
4.2.4
Actions identified in an assessment prepared pursuant to Sections 4.3.2 and 4.3.3 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 may refuse a permit for any
development for which, in Council's opinion, the proposed actions are inadequate to address the
adverse effects, will result in excessive municipal costs, or if sufficient information has not been
submitted to indicates that the site is suitable for development.
4.2.5
The applicant shall be responsible for contracting the engineer and all related fees.
4.2.6
Where a proposed development or subdivision is to be located on hazard lands, the Development
Officer may refer that application to federal or provincial departments or other relevant
environmental agencies for comments prior to issuing a decision.
4.2.7
Where a proposed development is to be located on land within the 1:500 flood plain, the following
regulations shall apply:
(1)
no development is to adversely affect another property in terms of drainage or flooding;
(2)
new residential, commercial, industrial, or agricultural buildings and additions located in the
1:500 flood plain, shall be constructed at a minimum to the Minimum Building Elevation as
defined by the Bylaw or as determined by applicable provincial authority;
(3)
permanent intensive livestock operations, animal enclosures and manure storage facilities
shall be prohibited from locating within the 1:500 flood plain. Buildings not housing animals
may be permitted provided that the building is constructed at a minimum to the Minimum
Building Elevation as defined by this Bylaw or as determined by applicable provincial
authority;
(4)
intensive agricultural operations must be constructed at a minimum to the Minimum Building
Elevation as defined by the Bylaw or as determined by applicable provincial authority.
4.2.8
New buildings and additions to buildings in the flood way in the 1:500 year flood elevation or
higher standards if flood records are available of any watercourse or water body shall be prohibited.
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 exempted by in Section 3.3, from the Development Officer.
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Rural Municipality of Milden No. 259 Zoning Bylaw
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)
agricultural related commercial and industrial uses;
(5)
oil and gas exploration and extraction;
(6)
mineral resource extraction and processing;
(7)
commercial complexes;
(8)
industrial complexes;
(9)
shopping centres;
(10)
dwelling groups;
(11)
manufactured homes in manufactured home courts;
(12)
recreation facilities;
(13)
schools;
(14)
hospitals;
(15)
municipal facilities;
(16)
communal dwellings; and
(17)
communal farm settlements.
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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
MODULAR DWELLINGS
4.9.1
Wherever a single detached dwelling is allowed it may be in the form of a Modular dwelling that
meets 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 MANUFACTURED DWELLINGS
4.10.1 Wherever a single detached dwelling is allowed it may be in the form of a manufactured dwelling
that meets CSA Z240, Z241 (Park Model Recreational Vehicle) or 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.
4.10.2 Every manufactured dwelling shall bear CSA Z240, Z241 or A277 certification, or a replacement
thereof.
4.11 PUBLIC WORKS, PIPELINES AND MUNICIPAL FACILITIES
4.11.1 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.
4.11.2 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. The RM shall require the developers of regional
water and sewer pipelines to submit engineered drawings to the municipality prior to installing such
pipelines.
4.12 VEHICLE STORAGE
4.12.1 Notwithstanding anything contained in this Bylaw, no person shall use any site in H, or R zoning
districts, for the parking or storage outside of an enclosed building of more than four (4) unlicensed
vehicles.
4.12.2 Notwithstanding anything contained in this Bylaw, no person shall use any site in A, or IC zoning
districts, for the parking or storage outside of an enclosed building of more than eighteen (18)
unlicensed vehicles.
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Rural Municipality of Milden No. 259 Zoning Bylaw
4.12.3 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, farm operations, and service establishments.
4.12.4 Council may require that such vehicles be screened from roadways or neighbouring properties by
landscape features or fences or a combination thereof.
4.13 FENCES
4.13.1 A principal building or use must be established on a site prior to the erection of a fence or a wall
on the site.
4.13.2 A fence may be erected to safeguard public safety on a site during the period of construction of the
principal building or use or due to the presence of a natural hazard on the site.
4.13.3 In any A District, wire agricultural fencing may be placed along any site line abutting a municipal
road allowance, grid road, main farm access road or provincial highway.
4.13.4 With the exception of barbed wire fences, in the case of a corner site in any district, no hedge
planting, tree, wall, fence, or similar structure, not being a building, shall be erected, placed,
planted, or maintained within the Sight Triangle, as described in Figure 2-2 and Section 4.20 of this
Bylaw, to a height greater than 1.0 metre.
4.13.5 In any H or R district, no wall, fence or similar structure shall be erected in a front yard or on a site
line adjacent to a front yard to a height of more than 1.0 metres above grade level.
4.13.6 In any H or R district, no wall, fence, screen or similar structure, excepting permitted accessory
buildings, shall be erected in a required side or rear yard, or on a site line adjacent to a required
side or rear yard, to a height of more than 2.0 metres above grade level.
4.13.7 In the IC district, no wall, fence, screen or similar structure, excepting permitted accessory
buildings, shall be erected in any yard, to a height of more than 2.0 metres above grade level.
4.13.8 No height limitations shall apply to the following:
(a)
Temporary construction fences;
(b)
Fences associated with essential public services and utilities, public parks, playgrounds or
public buildings.
(c)
Notwithstanding the regulations set out above, all fences are subject to federal and
provincial safety regulations.
4.13.9 Fences shall not be located on municipal land or roadways.
4.14 SHIPPING CONTAINERS
4.14.1 Shipping containers shall be permitted in all districts, but are limited to one (1) in the R and H
Districts.
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4.14.2 Shipping container, 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.
4.14.3 Shipping containers, permitted under subsection (1), shall:
(1) be properly anchored and maintained in good repair;
(2)
be located a minimum of 3.0 metres from, and behind the rear wall of, the principal
building;
(3)
meet the requirements of The National Building Code of Canada as applicable.
(4)
not be used for the purpose of advertising or warehousing.
4.14.4 Notwithstanding subsection 4.13.1, shipping containers may be temporarily placed on a site in any
district:
(1)
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
(2)
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
(3)
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.
4.14.5 When placed on a site pursuant to subsection 4.13.4, the shipping containers shall:
(1)
be located so as not to create a safety hazard; and
(2)
not be located within 1.2 metres of the interior edge of a sidewalk.
4.15 SETBACK FROM CENTRE LINE OF ROADS
4.15.1 The minimum setback of buildings, including dwellings, signs, trees, stone placement, earth or
gravel piles, portable structures, and machinery or other similar objects 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) or 90 metres (300 feet) from the intersection of any two municipal roads.
On provincial highways the minimum setbacks shall be regulated by the Ministry of Highways and
Infrastructure. Development of buildings on sites that do not abut such roads shall observe the
minimum front yard setbacks as identified in the specific regulation for those districts.
4.15.2 In all cases, Council may consider a lesser setback of no less than 15 metres (50 feet) from the
centerline where the road is interrupted by a natural feature prohibiting its development, where the
road is not a through road, and/or where the road serves local traffic only, which shall be adequately
posted with signage.
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Rural Municipality of Milden No. 259 Zoning Bylaw
4.15.3 Excluding buildings, where a person wishes to plant or place an object as listed in Section 4.14.1,
that does not meet the requirements, an application to Council is required, and Council may through
a resolution, reduce the setback requirement providing the proposal does not create a traffic safety
hazard in the sight triangle, as herein defined.
4.15.4 Notwithstanding section 4.14.1, in any A - Agricultural District, wire agricultural fencing may be
placed along any site line abutting a municipal road allowance, grid road, main farm access road
or provincial highway.
4.16 OUTSIDE STORAGE AND WASTE MATERIAL STORAGE
4.16.1 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.
4.17 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.
4.17.2 Wild Boar operations are 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 as shown in
figure 4-1 below.
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Figure 4-1 - Established Building Lines
4.19 DWELLING GROUPS
(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.
4.20 TEMPORARY USES
4.20.1 Temporary uses and equipment, including sand drag hoses, and other uses that either have little
impact on the RM or are necessary for a limited period of time to facilitate a development that is
provided for in this bylaw and supported by Council. Temporary uses shall be discretionary uses
and Council may include conditions, including a time limit on which they may be in operation.
4.20.2 All temporary uses must be located on an existing site; no subdivision will be permitted for
temporary uses.
4.20.3 Any buildings or equipment 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.
4.20.4 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.
4.20.5 Council may require a performance bond from the applicant to ensure acceptable remediation of
the site.
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Rural Municipality of Milden No. 259 Zoning Bylaw
4.20.6 Except in the Agriculture District, buildings or structures shall not include a mobile or modular
home.
4.21 VISIBILITY CLEARANCE AT INTERSECTIONS
4.21.1 In any district, nothing shall be built, erected, placed, planted, parked or allowed to grow so as to
obscure vision at a height of one (1) metre or greater above the elevation of the centre of the abutting
street or lane within the triangular area labelled as "Sight Triangle", with distances show in Figure
2-2 of this Bylaw.
4.21.2 Within the sight triangle, as herein defined, the following uses are permitted:
(a)
Government signage and government sign posts;
(b)
fire hydrants, benches and traffic control devices; and,
(c)
utility poles, and one transmission or control device.
4.22 MEMBRANE COVERED STRUCTURES
4.22.1 Membrane covered structures shall be permitted as an accessory use in all districts.
4.22.2 Development applications for membrane covered structures must include a drawing stamped by a
Professional Engineer to ensure the structure will meet the requirements of the National Building
Code and shall be installed securely anchored to the ground, when applicable.
4.22.3 In any Zoning District, a membrane covered structure may obtain approval as a temporary use, for
a period not to exceed seven (7) days in a calendar year.
4.23 SIGNS AND BILLBOARDS
4.23.1 Signs located in a 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, or amendments
thereto, and section 4.22.2 shall not apply.
4.23.2 Signs other than in a Highway Sign Corridor
(1)
Signs located anywhere other than a highway sign corridor, may only advertise agricultural
commercial uses, home-based businesses, the principal use of a site, or the principal
products offered for sale on the premises.
(2)
A maximum of 2 advertising signs are permitted on any site, or quarter section.
(3)
Government signs, memorial signs, signs identifying residential occupants or addresses and
directional signs that bear no advertising, including traffic control, no trespassing, hunting
restriction and similar signs, are exempt from restriction.
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(4)
Temporary signs and real estate signs are permitted only if the temporary condition exists
for the property.
(5)
Billboard and other off-site advertising signs are prohibited, except in a highway sign
corridor.
(6)
All private signs shall be located so that no part of the sign is over a public right-of-way.
(7)
Temporary election signs which are designed or intended to be displayed in connection
with a federal, provincial, local, or Saskatchewan health authority election, referendum, or
plebiscite may be placed on a site provided that they conform to all locational requirements
that pertain to the site on which they are displayed. Temporary Election signs shall be
removed within seven (7) days after the date of the election, referendum or plebiscite.
4.23.3 Signs in the H District
(1)
The maximum facial area of a sign on residential sites in the Hamlet district shall be 1.2
m2 (13 ft2).
(2)
The maximum facial area of a sign on sites including service stations, gas bars, industrial
services, and agricultural services in the Hamlet district shall be 6.5 m2 (70 ft2).
(3)
The maximum facial area of a sign on all other sites shall be 3.5 m2 (38 ft2)
4.24 LIGHTING OF SIGHTS
4.24.1 Outdoor lighting for all developments shall be located and arranged so that no direct rays of light
are pointed at nearby properties or interfere with the safe operation of nearby roadways or traffic
control devices.
4.25 DEVELOPMENT ON HAZARD LANDS
4.25.1 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 (identified on the Zoning District Map); and/or,
(3)
any other land that may be subject to flooding;
(4)
any other land that may be subject to flooding or hazardous conditions otherwise unsuited
for development or occupation because of its inherent danger to public health, safety, or
property.
(5)
contaminated sites;
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Rural Municipality of Milden No. 259 Zoning Bylaw
4.25.2 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 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 1:500 year flood elevation as identified in The
Statements of Provincial Interest Regulation, 2012, 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.
4.25.3 Where a proposed development is to be located on lands considered by Council to be potentially
contaminated (soil, water, etc.), Council shall require an environmental site assessment be done by
an Environmental Engineer, registered in the province of Saskatchewan, to determine the suitability
of site with respects to the proposed development. If lands are deemed unsuitable, council shall
require a report detailing necessary subsequent step, as outlined by the Saskatchewan Ministry of
Environment. The costs associated with undertaking specified mitigation measures providing the
required documentation related to any specified mitigation measures will be borne by the applicant
or proponent of the proposed development.
4.25.4 Actions identified in an assessment prepared pursuant to Sections 4.15.2 and 4.1.3 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 may refuse a permit for any
development for which, in Council's opinion, the proposed actions are inadequate to address the
adverse effects, will result in excessive municipal costs, or if sufficient information has not been
submitted to indicates that the site is suitable for development.
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5 SPECIAL STANDARDS AND REGULATIONS
5.1
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)
Where a development standard for the principal use is less restrictive than the accessory,
use, building or structure standard or regulation listed in Section 5.1 of this bylaw, the less
restrictive standard shall apply to the accessory use, building or structure.
(3)
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.
(4)
Height of Accessory Buildings:
(a)
Residential and Hamlet Districts:
(i)
Detached accessory buildings in any R and H Districts shall not exceed 7
metres (23 ft) in height.
(b)
Agricultural and Industrial/Commercial Districts:
(i)
Detached accessory buildings in any A and IC Districts shall have no
height restrictions.
(5)
Area of Accessory Buildings:
(a)
Residential and Hamlet Districts:
(i)
Maximum - 150 m2 (1,615 ft2).
(b)
Agricultural and Industrial/Commercial Districts:
(i)
No area restrictions.
(c)
Where this bylaw specifies the maximum building floor area, that area shall mean
the combined building floor area of all buildings on site.
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Rural Municipality of Milden No. 259 Zoning Bylaw
(6)
Location of Accessory Buildings:
(a)
Residential Districts:
Detached accessory buildings any R districts are subject to
the following regulations:
(i)
Front Yard: minimum - same as principal use subject to Section 4.14 of
this bylaw
(ii)
Rear Yard: minimum - 3 metres
(iii)
Side Yard: minimum - 3 metres
(b)
Hamlet Districts:
Detached accessory buildings in any H districts are subject to
the following regulations:
(i)
Front Yard: minimum - same as principal use subject to Section 4.14 of
this bylaw
(ii)
Rear Yard: minimum - 1.5 metres
(iii)
Side Yard: minimum - 1.5 metres
(c)
Agricultural and Industrial/Commercial Districts:
Detached accessory buildings in any A or IC districts are subject to the following
regulations:
(i)
Front Yard: minimum - same as principal use subject to Section 4.14 of
this bylaw
(ii)
Rear Yard: minimum - 6.0 metres
(iii)
Side Yard: minimum - 3.0 metres
(7)
Accessory dwelling units shall only be permitted as a discretionary use 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, subject to Section 3.5.2.4 of the Official Community Plan.
(b)
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;
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63
(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)
communal dwelling(s) as residences for colonies, engaged in a farm operation,
intensive livestock operation, or intensive agricultural operation, subject to Section
3.5.2.4 of the Official Community Plan
(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. Temporary or permanent sewage disposal systems within the
RM shall submit a discretionary use permit application to Council. I would
delete this
(d)
Garden and Garage Suites
Garden and garage suites shall be accommodated as a permitted use in the A, R
and H districts.
(i)
No more than one garden or garage suite accessory to a single detached
dwelling shall be allowed per site.
(ii)
One parking space shall be provided for each dwelling unit on the site.
On sites with a rear or side lane, the parking space for the garden or
garage suite shall be accessed from said lane.
(e)
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 RM. Rental Suites are subject to the following requirements:
(i)
Cooking facilities, food preparation, sleeping and sanitary facilities within
the structure and which are physically separate from those of the principal
dwelling.
(ii)
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.
(iii)
The suite may not be established on a site where a Business Dwelling is
located.
(8)
Dugouts:
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Rural Municipality of Milden No. 259 Zoning Bylaw
(a)
Dugouts shall maintain a minimum separation distance of 15 metres from the legal
boundaries of the surface parcel on which they are located.
(b)
Dugouts shall maintain a setback distance of 45 metres from the centerline of any
municipal roadway.
5.2
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.
(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.
5.3
MANUFACTURED HOME COURTS
(1)
Manufactured home courts shall have, within their boundaries, a buffer area abutting the
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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
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.
5.4 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.
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Rural Municipality of Milden No. 259 Zoning Bylaw
(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.
5.5
BED AND BREAKFAST HOMES AND VACATION FARMS
(1)
Bed and Breakfast Homes and Vacation Farms shall be accommodated as a discretionary
accessory use in zoning districts that list section 5.5 under 'Accessory Buildings and
Uses', or as the principal use of a site. The following standards apply:
(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. Off site
signs not exceeding 1 square metre may be permissible at the discretion of council
where necessary to provide directions from a highway to the operation.
(d)
Vacation farms and bed and breakfast homes shall be licensed pursuant to The
Public Health Act, where tourist accommodations require health approval.
(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.
5.6
CUSTODIAL CARE FACILITIES AND RESIDENTIAL CARE FACILITIES
(1)
Custodial Care Facilities and Residential Care Facilities shall be accommodated as a
discretionary accessory use in zoning districts that list Section 5.6 under 'Accessory
Buildings and Uses', or as the principal use of a site.
(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.
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(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.
5.7
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.
5.8
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.
5.9
ABOVE GROUND FUEL STORAGE TANKS AND BULK PETROLEUM TANKS
(1)
Above-ground fuel storage tanks and bulk petroleum tanks shall meet all provincial and
federal regulations.
5.10 HOME-BASED BUSINESSES AND FARM-BASED BUSINESSES
(1)
The use is clearly ancillary to the use of a farm as an agricultural operation or the dwelling
unit as a private residence.
(2)
The operator of the business is a resident of the dwelling unit and, in the case of a farm-
based business only, up to three (3) 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. Note that this limit applies to employees of the
farm-based business and not the actual Farm Operation.
(3)
No variation in the residential or residential farm character and appearance of the dwelling,
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Rural Municipality of Milden No. 259 Zoning Bylaw
ancillary residential building, or land shall be permitted.
(4)
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.
(5)
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.
5.11 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.
5.12 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.
5.13 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.
(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.
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5.14 TRUCK STOPS
(1)
The minimum width of a driveway in a truck stop shall be 9.2 metres.
(2)
No more than two access driveways shall connect a truck stop to any street.
(3)
Gas bars on the site of a truck stop shall comply with Sections 5.8 and 5.9.
(4)
Above ground fuel storage tanks shall comply with Section 5.9.
5.15 SOLAR ENERGY SYSTEMS
(1)
The installation and operation of solar energy systems, and their supporting structures, shall
be permitted in all zoning districts subject to the following:
(a)
In all districts except the A - Agricultural District and IC -
Industrial/Commercial District, Solar energy systems shall not be located any
required front or side yard. In the case of a corner site, solar energy systems shall
not be placed in any portion of the rear yard which is within 3.0 metres of the side
property line adjacent to a flanking street.
(b)
All freestanding solar structures shall be placed a minimum of 1.2x the total height
of the structure away from any site line, and in no case shall the total height of the
system exceed the height of the principal building.
(c)
In any district, if attached to a building, the solar energy system shall not exceed
the maximum permitted height of the building the system is attached to.
(2)
A development permit is required for:
(a)
Any free-standing solar energy system.
(b)
Any Solar energy system being attached to an existing roof or wall structure.
5.16 WIND ENERGY FACILITIES (ONE TURBINE)
(1)
Wind energy facilities shall be accommodated as a discretionary accessory use in zoning
districts that list section 5.17 under 'Accessory Buildings and Uses', 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:
(i)
6.0 metres above grade level in any R District
(ii)
45.0 metres above grade level in any A District
(iii)
6.0 metres above grade level in any IC District
(b)
Wind turbines are limited to a maximum name plate capacity of 100kW.
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Rural Municipality of Milden No. 259 Zoning Bylaw
(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 consider approving a lesser separation than that set out in the Zoning
Bylaw with consideration the following factors which are not intended as
requirements for an approval but rather, to frame Council's deliberation:
(i)
written comments from any landowners within the required separation
distance;
(ii)
proposed mitigation measures to minimize impacts;
(iii)
landforms that may affect or be affected by the impacts from the wind
energy facility;
(iv)
physical severances, including roadways, rail lines, or waterbodies within
the separation distance;
(v)
watershed and drainage patterns, and how runoff from the wind energy
facility is to be managed;
(vi)
the land use designation and future land use of the lands within the
separation distance; and
(vii)
other factors that Council deems relevant.
(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.
5.17 WIND FARMS (TWO OR MORE TURBINES)
(1)
Wind farms shall be accommodated as a discretionary accessory use in zoning districts
that list section 5.18 under 'Accessory Buildings and Uses', or as the principal use of a
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71
site. The following standards apply to wind energy facilities:
(a)
Wind turbines are limited to a maximum height of 45 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
greater than or equal to the height of the wind turbine.
(e)
Council may consider approving a lesser separation than that set out in the Zoning
Bylaw with consideration the following factors which are not intended as
requirements for an approval but rather, to frame Council's deliberation:
(i)
written comments from any landowners within the required separation
distance;
(ii)
proposed mitigation measures to minimize impacts;
(iii)
landforms that may affect or be affected by the impacts from the wind
energy facility;
(iv)
physical severances, including roadways, rail lines, or waterbodies within
the separation distance;
(v)
watershed and drainage patterns, and how runoff from the wind energy
facility is to be managed;
(vi)
the land use designation and future land use of the lands within the
separation distance; and
(vii)
other factors that Council deems relevant.
(2)
Council will evaluate Discretionary Use applications for Wind Farms with the following
criteria:
(a)
Wind Farms shall be separated from the nearest non-participating noise receptor
by a distance of 550 metres.
(b)
Wind Farms shall provide 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.
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Rural Municipality of Milden No. 259 Zoning Bylaw
5.18 DWELLING GROUPS
(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.
5.19 MEAT PROCESSING AND KILL FACILITIES
(1)
Shall be located at least 91.4 metres from residential areas, schools, hospitals, motels and
restaurants. meat
5.20 TRANSLOADING FACILITIES
Transloading facilities 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,
site grading and drainage plans, and proposed truck routes and road maintenance measures.
The applicant may be required to enter into a road maintenance agreement.
(2)
Transloading facilities for oil and gas resources shall not be located within 90 metres of a
residence or on hazard lands.
(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.
5.21 OIL AND GAS EXPLORATION AND DEVELOPMENT
(1)
Exploration and development of oil and gas shall be subject to all federal and provincial
requirements, and such activity must comply with the objectives and policies outlined in
Section 3.1.2.6 of the Official Community Plan.
(2)
Oil and gas exploration, extraction and development within the RM shall occur in
accordance with The Oil and Gas Conservation Regulations, 2012.
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(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,
site grading and drainage plans, and information regarding proposed truck routes and road
maintenance measures. The applicant may be required to enter into a road maintenance
agreement.
(6)
Council may require the applicant to suitably screen and landscape the facility from
neighbouring properties to the satisfaction of Council.
(7)
Council may require the applicant 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.
(8)
The Municipality may apply special standards as outlined in The Municipalities Act, 2005,
to protect the municipal interest when transportation, utility and pipeline facilities cross
municipal roads, or when seismic activity is proposed on roads or road allowances.
(9)
Upon approval by the Municipality, the owner of a pipeline shall provide the Municipality
at least 48 hours notice of the owner's intention to commence work. Written request must
be made to the Rural Municipality before construction begins and the owner shall obtain
the required Municipal standards for construction approaches and for pipelines (flowlines)
crossing road allowances.
(10)
Council may require that oil and gas well sites be fenced with a gate.
5.22 JUNK AND SALVAGE YARDS
(1)
Junk and salvage yards 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,
(2)
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.
5.23 CREMATORIUMS
(1)
Crematoriums shall be located at least 300 metres from any residential dwelling or land
zoned for residential purposes.
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Rural Municipality of Milden No. 259 Zoning Bylaw
5.24 COMMUNAL FARM SETTLEMENTS
(1)
Council may consider discretionary use applications for communal farm settlements
including the multiple uses outlined in the definition for Communal Farm Settlements as
one single discretionary use application. Buildings and uses must comply with the setbacks
contained within this bylaw and the RM's Building Bylaw. Development permits and
building permits will be required for each use and building.
(2)
Communal farm settlements may include more than one dwelling on a single site and these
dwellings may be in the form of single detached dwellings and communal dwellings.
Council may specify the maximum number of dwelling units permitted for a Communal
Farm Settlement.
(3)
An expansion to a communal farm settlement shall require discretionary use approval.
(4)
There shall be a water supply adequate for the proposed communal farm settlement and the
development shall not contaminate any water source.
(5)
Provision of potable water and treatment and disposal of wastewater is subject to provincial
regulations and approval.
(6)
Road access to the communal farm settlement shall be to the satisfaction of Council. If
off-site road upgrades or new road construction is required, Council may require the
applicant to pay for the road upgrades or new construction pursuant to Section 16 of The
Municipalities Act.
(7)
Council may require the applicant to demonstrate that traffic generated by the communal
farm settlement can be handled safely and appropriately by the municipalities road
network. This can be determined by the applicant retaining a professional engineer to
undertake a Traffic Impact Assessment (TIA).
5.25 CANNABIS PRODUCTION FACILITIES
(1)
The location of the use will only be favorably 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:
(a)
municipal servicing capacity;
(b)
anticipated levels of noise, odour, smoke, fumes, dust, lighting, glare, vibration or
other emissions emanating from the operation;
(c)
anticipated increased levels or types of vehicle traffic, unsafe conditions or
situations for vehicles, cyclists or pedestrians; and / or
(d)
utilization of hazardous substances.
(2)
All materials and goods used in production shall be stored within an enclosed building, or
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within an area hidden from view by screening;
(a)
No outside storage is permitted.
(b)
All production shall be conducted within an enclosed building.
5.26 CANNABIS RETAIL STORES
(1)
Cannabis retail stores shall maintain a minimum setback of 150 metres from schools, public
playgrounds, public parks and licensed daycares.
5.27 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.
5.28 EQUESTRIAN FACILITIES
(1)
The maximum number of animals that will be kept on-site as part of the equestrian facility
shall be determined at the discretion of Council. An animal is kept, for the purposes of this
section, when it is on the site overnight.
(2)
In addition to any other information required by Council, the applicant may be required to
submit, as part of their development permit application, information regarding site grading
along with a drainage plan for the site.
(3)
Council may require the applicant to demonstrate that traffic generated by the facility can
be handled safely and appropriately by the municipalities road network. This can be
determined by the applicant retaining a professional engineer to undertake a Traffic Impact
Assessment (TIA).
(4)
Appropriate fencing, screening, landscaping, berming, building and site orientation, road
upgrading or other similar measures may be required to mitigate potential land use
conflicts.
(5)
Off-site parking shall not be permitted.
5.29 TEMPORARY WORK CAMPS
(1)
Temporary work camps shall be temporary and permitted for up to a period of twelve (12)
months, at which time an application may be made for the continuance of the work camp
for an additional twelve (12) months, after which time a new development permit is
required.
(2)
Temporary work camps shall be an accessory use to an industrial or resource development.
76
Rural Municipality of Milden No. 259 Zoning Bylaw
(3)
An application for a temporary work camp must provide the following information:
(a)
The location, type and purpose of the camp;
(b)
Adjacent land uses;
(c)
The method of supplying water and sewage and waste disposal to the camp. The
proposed method of sewage disposal must comply with the Saskatchewan Onsite
Waste Disposal Guide and in accordance with the Public Health Act;
(d)
The number of persons proposed to live in the camp;
(e)
The method of providing solid waste disposal and pest control in the camp;
(f)
The start date for development, date of occupancy by residents and removal day
for the camp.
(4)
A temporary work camp for accommodation purposes must:
(a)
Be linked to a specific project for which a valid and current development permits
has been issued and only accommodate workers for this project;
(b)
Accommodate a minimum of twenty (20) persons to a maximum of three hundred
(300) persons;
(c)
Be secured by the installation of appropriate fencing around the project
accommodation and on-site security staff;
(d)
Provide adequate on-site parking for private vehicles; and
(e)
Be separated by buffering from adjacent land uses.
(5)
The final review of an application will not be completed prior to the receipt and evaluation
of all required information by the Development Officer, the District Health Region and any
other relevant agency deemed necessary by the Municipality.
(6)
The site shall be left in the condition agreed upon in the Development Permit, after the
occupancy period.
(7)
The application shall include the posting of a Performance Bond sufficient to remove and
/ or reclaim the site to ensure that:
(a)
the work camp can be removed if the work camp accommodation remains on site
after the project is either completed or if the work has stopped to an extent that the
need for the camp no longer exists; or
(b)
the site can be reclaimed to its previous state after the work camp has been removed
from the site.
Rural Municipality of Milden No. 286 Zoning Bylaw
77
5.30 DEVELOPMENT NEAR PIPELINES
(1)
Where a development for an occupied dwelling or permanent building is proposed within
50 metres of a gatherer or feeder pipeline, or within 200 metres of a distribution pipeline,
the municipality may refer the development to the pipeline system operator to ensure the
proposed development meets all required setbacks.
(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.
5.31 IRRIGATION PROJECTS
(1)
An Irrigation Certificate is a requirement of The Irrigation Act, 2019, for all projects
allocated more than 12,300 cubic meters (10 acre feet) of water.
(2)
Irrigation projects within the RM are subject to provincial regulations. All irrigation
projects shall be submitted to the Ministry of Agriculture Irrigation Unit.
5.32 DEVELOPMENT IN PROXIMITY TO RAILWAYS
5.32.1 The RM shall consult with railway companies in order to reduce the potential for land use conflicts
and provide appropriate protection for rail infrastructure.
5.32.2 Land use conflicts may be minimized in areas adjacent to railway lines and rail yards through the
application of the Federation of Canadian Municipalities and the Railway Association of Canada's
Guidelines for New Development in Proximity to Railway Operations, 2013.
5.32.3 Incompatible uses shall be properly buffered from railways and major roadways.
5.33 AIRPORTS AND PRIVATE AIRSTRIPS
5.33.1 The development and operation of airports, aerodromes, heliports and private airstrips within the
RM shall occur in accordance with the Canadian Aviation Regulations SOR/96-433 under the
Aeronautics Act, 1985.
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Rural Municipality of Milden No. 259 Zoning Bylaw
6 ZONING DISTRICTS
6.1
CLASSIFICATION OF ZONING DISTRICTS
6.1.1
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
Agricultural
A
Residential
R
Hamlet
H
Industrial/Commercial
IC
6.2
ZONING DISTRICT MAPS
6.2.1
The map, bearing the statement "This is the Zoning District Map which accompanies Bylaw
________ adopted by the Rural Municipality of Milden No. 286" 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.
6.3
BOUNDARIES
6.3.1
The boundaries of such districts referred to, together with explanatory legend, notation and
reference, are shown on the map entitled "Zoning District Map".
6.3.2
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.
6.3.3
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.
6.3.4
In unsubdivided land, the zoning district boundary shall be determined by the scale shown on the
"Zoning District Map".
Rural Municipality of Milden No. 286 Zoning Bylaw
79
6.4
REGULATIONS
6.4.1
Regulations for the zoning districts are outlined in the following sections of this Bylaw.
6.5
PROPERTIES WITH MORE THAN ONE ZONING DISTRICT
6.5.1
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.
6.6
TRANSITIONAL ZONING PROVISIONS
6.6.1
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.
80
Rural Municipality of Milden No. 259 Zoning Bylaw
7 DISTRICT SCHEDULES
7.1
A - AGRICULTURAL
7.1.1
Intent
The objective of the A - Agricultural District is to provide for the primary use of land in the form
of agricultural development, associated farm dwellings, limited single-parcel country residential
development, location-dependent natural resource development and other uses compatible with
agricultural development.
7.1.2
Permitted and Discretionary Uses and Development Standards
The permitted and discretionary uses and applicable development standards are laid out in Table 7-
1.
7.1.3
Prohibited Uses
Uses prohibited in the A - Agricultural District are as follows:
7.1.4
Accessory Buildings and Uses
7.1.5
Site Requirements
(1)
Minimum and maximum site size, site width, and yard requirements are shown in Table 7-
1.
(2)
To retain the agricultural character of the municipality, a maximum of four (4) single parcel
country residential subdivisions per quarter-section (64.75 hectares) will be allowed to be
subdivided on a discretionary basis in the A - Agriculture District.
7.1.6
Standards for Discretionary Uses
Council will consider discretionary use applications in the A - Agricultural District with regard to
Accessory Building and Uses Including:
Subject to Section
Designation
(1)
Accessory Buildings and Structures
5.3
Permitted
(2)
Bed and Breakfast and Vacation Farms
5.5
Discretionary
(3)
Electric Vehicle Charging Stations
-
Permitted
(4)
Geothermal Energy Systems
5.14
Discretionary
(5)
Garden and Garage Suites
5.3
Permitted
(6)
Home Based Businesses and Farm Based Businesses
5.15
Permitted
(7)
Rental Suites
5.3
Permitted
(8)
Solar energy systems
5.23
Permitted
(9)
Solar Farms
5.24
Discretionary
(10) Wind Energy Facilities
5.28
Permitted
(11) Wind Farms
5.29
Discretionary
Rural Municipality of Milden No. 286 Zoning Bylaw
81
Section 3.7.2 General 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)
Intensive agricultural operations including, but not limited to, intensive livestock
operations subject to Section 3.5.2.4 of the Official Community Plan.
(2)
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 require a new
discretionary approval by Council.
(b)
Council may specify 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.
7.1.7
Exceptions to Development Standards
Exceptions to development standards in A - Agricultural District, are as follows:
7.1.8
Outside Storage
Outside storage, including garbage storage, is subject to Section 4.15 of this Bylaw.
7.1.9
Temporary Accommodation
A manufactured dwelling or 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, for which a valid
development permit has been issued, is being actively constructed on the site. In the case where a
development permit has not been issued, no manufactured dwelling or recreational vehicle may be
used for habitation.
7.1.10 Keeping of Animals as Accessory to Single Detached Dwellings
(a)
Two (2) animal units will be permitted on a site of at least 2 ha. For each additional
1 ha, one (1) additional animal unit will be permitted. 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 m of any dwelling not owned by the
operator of the pasture or owner of the animals, and no buildings or structures
intended to contain birds or animals shall be located within 30 m of a property line.
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Rural Municipality of Milden No. 259 Zoning Bylaw
TABLE 7-1: A - AGRICULTURAL DISTRICT DEVELOPMENT STANDARDS
Use
Development Standards
Permitted or
Discretionary
Subject to
Sections
Minimum Site
Area (ha)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Agricultural Uses
(1)
Farm operations subject to Section 3.5.2.2 in the Official Community Plan
P
- -
64.75 ha
(160 acres)
30 m
(98 feet)
35 m (1)
(115 feet)
10 m
(33 ft)
10 m
(33 ft)
(2)
Communal Farm Settlement
D
5.25
16 ha
(40 acres)
30 m
(98 feet)
35 m (1)
(115 feet)
10 m
(33 ft)
10 m
(33 ft)
(3)
Intensive livestock operations subject to Section 3.5.2.4 in the Official
Community Plan
D
3.2.3,
3.5.2 (2)
2 ha
(5 acres)
30 m
(98 feet)
35 m (1)
(115 feet)
10 m
(33 ft)
10 m
(33 ft)
(4)
Intensive agricultural operations subject to Section 3.5.2.4 in the Official
Community Plan
D
3.5.2 (3)
2 ha
(5 acres)
30 m
(98 feet)
35 m (1)
(115 feet)
10 m
(33 ft)
10 m
(33 ft)
(5)
Bin Yards
P
- -
2 ha
(5 acres)
30 m
(98 feet)
35 m (1)
(115 feet)
10 m
(33 ft)
10 m
(33 ft)
Resource Based Uses
(1)
Mineral resource extraction and processing operations
D
3.5.2 (9)
3.7.4 (3)
1
30
35 m (1)
(115 feet)
10 m
(33 ft)
10 m
(33 ft)
(2)
Oil and gas exploration, extraction and related facilities
P
5.19
1
- -
35 m (1)
(115 feet)
10 m
(33 ft)
10 m
(33 ft)
(3)
Oil and gas related commercial uses
P
- -
1
- -
35 m (1)
(115 feet)
10 m
(33 ft)
10 m
(33 ft)
(4)
Transloading facilities for oil and gas resources, other natural resources, and
agricultural products
P
5.26
1
- -
35 m (1)
(115 feet)
10 m
(33 ft)
10 m
(33 ft)
Energy Production Uses
(1)
Solar farms
P
(2)
Wind farms
D
(3)
Small Modular Nuclear Reactors
D
Contact Reactor Operator for appropriate standards
Residential Uses
(1)
Dwellings as an accessory use, except the first farm dwelling
P
- -
64.75 ha
30 m
35 m (1)
10 m
10 m
Rural Municipality of Milden No. 286 Zoning Bylaw
83
(160 acres)
(98 feet)
(115 feet)
(33 ft)
(33 ft)
(2)
Farm Dwellings subject to 3.5.2.2 in the Official Community Plan
P
- -
64.75 ha
(160 acres)
30 m
(98 feet)
35 m (1)
(115 feet)
10 m
(33 ft)
10 m
(33 ft)
(3)
Single detached dwellings (as a principal use) subject to Section 3.6.2.3 in the
Official Community Plan
P
- -
2 ha
(5 acres)
30 m
(98 feet)
35 m (1)
(115 feet)
10 m
(33 ft)
10 m
(33 ft)
Commercial Uses
(1)
Agriculturally related commercial and industrial uses subject to Section 3.5.2.3
in the Official Community Plan
D
- -
2 ha
(5 acres)
30 m
(98 feet)
35 m (1)
(115 feet)
10 m
(33 ft)
10 m
(33 ft)
(2)
Campgrounds
D
- -
2 ha
(5 acres)
30 m
(98 feet)
35 m (1)
(115 feet)
10 m
(33 ft)
10 m
(33 ft)
(3)
Custodial care facilities
D
- -
2 ha
(5 acres)
30 m
(98 feet)
35 m (1)
(115 feet)
10 m
(33 ft)
10 m
(33 ft)
(4)
Distilleries, wineries, and breweries
P
- -
2 ha
(5 acres)
30 m
(98 feet)
35 m (1)
(115 feet)
10 m
(33 ft)
10 m
(33 ft)
(5)
Golf courses
D
- -
2 ha
(5 acres)
30 m
(98 feet)
35 m (1)
(115 feet)
10 m
(33 ft)
10 m
(33 ft)
(6)
Grain elevators and terminals
D
- -
2 ha
(5 acres)
30 m
(98 feet)
35 m (1)
(115 feet)
10 m
(33 ft)
10 m
(33 ft)
(7)
Kennels
D
- -
2 ha
(5 acres)
30 m
(98 feet)
35 m (1)
(115 feet)
10 m
(33 ft)
10 m
(33 ft)
(8)
Machine shops and metal fabricators
D
- -
2 ha
(5 acres)
30 m
(98 feet)
35 m (1)
(115 feet)
10 m
(33 ft)
10 m
(33 ft)
(9)
Junk and salvage yards
D
- -
2 ha
(5 acres)
30 m
(98 feet)
35 m (1)
(115 feet)
10 m
(33 ft)
10 m
(33 ft)
(10)
Landscaping establishments
D
- -
2 ha
(5 acres)
30 m
(98 feet)
35 m (1)
(115 feet)
10 m
(33 ft)
10 m
(33 ft)
(11)
Meat processing and kill facilities
D
- -
2 ha
(5 acres)
30 m
(98 feet)
35 m (1)
(115 feet)
10 m
(33 ft)
10 m
(33 ft)
(12)
Outfitter base camps and Tourism base camps
D
- -
2 ha
(5 acres)
30 m
(98 feet)
35 m (1)
(115 feet)
10 m
(33 ft)
10 m
(33 ft)
(13)
Residential care facilities
D
- -
2 ha
(5 acres)
30 m
(98 feet)
35 m (1)
(115 feet)
10 m
(33 ft)
10 m
(33 ft)
(14)
Shooting clubs and shooting ranges
D
- -
2 ha
(5 acres)
30 m
(98 feet)
35 m (1)
(115 feet)
10 m
(33 ft)
10 m
(33 ft)
(15)
Tourist camps
D
- -
2 ha
(5 acres)
30 m
(98 feet)
35 m (1)
(115 feet)
10 m
(33 ft)
10 m
(33 ft)
(16)
Treatment centres
D
- -
2 ha
(5 acres)
30 m
(98 feet)
35 m (1)
(115 feet)
10 m
(33 ft)
10 m
(33 ft)
(17)
Veterinary clinics
D
- -
2 ha
(5 acres)
30 m
(98 feet)
35 m (1)
(115 feet)
10 m
(33 ft)
10 m
(33 ft)
Municipal, Recreational, Institutional and Other Uses
(1)
Airports and private airstrips
P
5.35
- -
- -
- -
- -
- -
84
Rural Municipality of Milden No. 259 Zoning Bylaw
(2)
Cemeteries
P
- -
- -
- -
- -
- -
- -
(3)
Crematoriums
D
5.399
- -
- -
- -
- -
- -
(4)
Historical and archeological sites
P
- -
- -
- -
- -
- -
- -
(5)
Institutional camps
D
3.5.2 (1)
- -
- -
- -
- -
- -
(6)
Municipal facilities
P
4.10
- -
- -
- -
- -
- -
(7)
Parks and playgrounds
P
- -
- -
- -
- -
- -
- -
(8)
Places of worship
P
- -
- -
- -
- -
- -
- -
(9)
Public works, excluding solid and liquid waste disposal sites
P
4.10
- -
- -
- -
- -
- -
(10)
Recreational facilities
D
3.7.4 (2)
- -
- -
- -
- -
- -
(11)
Schools and educational facilities
P
- -
2 ha
(5 acres)
30 m
(98 feet)
- -
- -
- -
(12)
Solid and liquid waste disposal facilities, sewage lagoons, pesticide container
collection sites, including soil farms for the rehabilitation of contaminated soils,
and associated facilities subject to Sections 3.3.2.2 of the Official Community
Plan
D
5.4
- -
- -
- -
- -
- -
(13)
Wildlife and ecological conservation areas
P
- -
- -
- -
- -
- -
- -
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 7-1 and the A - Agricultural District:
(1) Subject to Section 4.16 - Setbacks from Centre Line of Roads
Rural Municipality of Milden No. 286 Zoning Bylaw
85
7.2
R - RESIDENTIAL DISTRICT
7.2.1
Intent
The objective of the R - 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.
7.2.2
Permitted and Discretionary Uses and Development Standards
The permitted and discretionary uses and applicable development standards are laid out in Table 7-
2.
7.2.3
Prohibited Uses
Uses prohibited in R - Residential District are as follows:
(1)
The use of vacant residential sites for pasture of animals.
7.2.4
Accessory Buildings and Uses
7.2.5
Site Requirements
The minimum and maximum site size and yard requirements are shown in Table 7-2.
7.2.6
Keeping of Animals
(1)
Two (2) animal units will be permitted on a site of at least 2 ha. For each additional 1 ha,
one (1) additional animal unit will be permitted. 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.
(2)
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.
Accessory Building and Uses Including:
Subject to Section
Designation
(1)
Accessory Buildings and Structures
5.3
Permitted
(2)
Bed and Breakfast and Vacation Farms
5.5
Discretionary
(3)
Electric Vehicle Charging Stations
-
Permitted
(4)
Geothermal Energy Systems
5.14
Discretionary
(5)
Garden and Garage Suites
5.3
Permitted
(6)
Home Based Businesses and Farm Based Businesses
5.15
Permitted
(7)
Rental Suites
5.3
Permitted
(8)
Solar energy systems
5.23
Permitted
(9)
Wind Energy Facilities
5.28
Permitted
86
Rural Municipality of Milden No. 259 Zoning Bylaw
(3)
The use of vacant residential sites for pasture of animals is prohibited.
7.2.7
Standards for Discretionary Uses
Council will consider discretionary use applications in the R - Residential District with regard to
Section 3.7.2 General 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.
7.2.8
Outside Storage
Outside storage, including garbage storage, is subject to Section 4.15 of this Bylaw.
Rural Municipality of Milden No. 286 Zoning Bylaw
87
Table 7-2
R - 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) (1)
Minimum Rear
Yard (m) (1)
Residential Uses
(1) Dwelling groups
P
4.14, 5.19
0.8 ha
(2 acres)
16 ha
(40 acres)
30 m
(98.43 feet)
3 m (1)(2)
(9.84 feet)
3 m (1)(2)
(9.84 feet)
3 m (1)(2)
(9.84 feet)
(2) Modular dwellings
P
4.9, 4.14
0.8 ha
(2 acres)
16 ha
(40 acres)
30(1) m
(98.43 feet)
3 m (1)(2)
(9.84 feet)
3 m (1)(2)
(9.84 feet)
3 m (1)(2)
(9.84 feet)
(3) Single detached dwellings
P
4.14
0.8 ha
(2 acres)
16 ha
(40 acres)
30(1) m
(98.43 feet)
3 m (1)(2)
(9.84 feet)
3 m (1)(2)
(9.84 feet)
3 m (1)(2)
(9.84 feet)
Commercial Uses
(1) Convenience stores with or without associated gas bars
D
5.8
0.8 ha
(2 acres)
- -
30 m
(98.43 feet)
3 m (1)(2)
(9.84 feet)
3 m (1)(2)
(9.84 feet)
3 m (1)(2)
(9.84 feet)
(2) Equestrian facilities
D
5.29
0.8 ha
(2 acres)
- -
30 m
(98.43 feet)
3 m (1)(2)
(9.84 feet)
3 m (1)(2)
(9.84 feet)
3 m (1)(2)
(9.84 feet)
Municipal, Recreational, Institutional and Other Uses
(1) Community halls
D
- -
0.09 ha
(900 m2)
- -
30 m
(98.43 feet)
3 m (1)(2)
(9.84 feet)
3 m (1)(2)
(9.84 feet)
3 m (1)(2)
(9.84 feet)
(2) Golf courses
D
3.7.4 (10)
1 ha
(2.5 acres)
- -
30 m
(98.43 feet)
- -
- -
- -
(3) Historical and archaeological sites
P
- -
- -
- -
- -
- -
- -
- -
(4) Municipal facilities
P
4.10
- -
- -
- -
- -
- -
- -
(5) Parks and playgrounds
P
- -
- -
- -
30 m
(98.43 feet)
- -
- -
- -
(6) Places of worship
D
- -
0.09
(900 m2)
- -
30 m
(98.43 feet)
3 m (1)(2)
(9.84 feet)
3 m (1)(2)
(9.84 feet)
3 m (1)(2)
(9.84 feet)
(7) Public recreational facilities
P
- -
0.09
- -
30 m
- -
- -
- -
88
Rural Municipality of Milden No. 259 Zoning Bylaw
(900 m2)
(98.43 feet)
(8) Public works, excluding solid and liquid waste disposal
sites
P
4.10
- -
- -
- -
- -
- -
- -
(9) Schools and educational facilities
D
- -
0.09
(900 m2)
- -
30 m
(98.43 feet)
3 m (1)(2)
(9.84 feet)
3 m (1)(2)
(9.84 feet)
3 m (1)(2)
(9.84 feet)
(10) Wildlife and ecological conservation areas
D
- -
- -
- -
30 m
(98.43 feet)
- -
- -
- -
(11) Wind energy facilities (one turbine)
D
5.17
Development Standards as laid out in Section 5.17
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 7-2 and the R - Residential District:
(1) where the yard abuts a municipal grid road, main farm access road, or provincial highway yard setback shall be subject to Section 4.14.
(2) where the yard abuts any other road, then the yard setback shall be 7.6 m (25 ft)
Rural Municipality of Milden No. 286 Zoning Bylaw
89
7.3
H - HAMLET DISTRICT
7.3.1
Intent
The objective of the H - Hamlet District is to provide for limited residential and commercial growth
in the form of infilling of existing vacant land within existing hamlets.
7.3.2
Permitted and Discretionary Uses and Development Standards
The permitted and discretionary uses and applicable development standards are laid out in Table 7-
3.
7.3.3
Prohibited Uses
Uses prohibited in H - Hamlet District are as follows:
(1)
The use of vacant residential sites for pasture of animals is prohibited.
(2)
The keeping, handling, sale or transshipment of cattle, horses, pigs, goats, llamas, alpacas,
poultry, sheep, or other livestock is prohibited within this district.
7.3.4
Accessory Buildings and Uses
7.3.5
Site Requirements
The minimum and maximum site size and yard requirements are shown in Table 7-3.
7.3.6
Keeping of Animals
(a)
All animals shall be limited to domestic pets of the residents of the site, and in no
case shall the numbers exceed that equal to one animal unit.
7.3.7
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.
7.3.8
Outside Storage
Outside storage, including garbage storage, is subject to Section 4.15 of this Bylaw.
Accessory Building and Uses Including:
Subject to Section
Designation
(1)
Accessory Buildings and Structures
5.3
Permitted
(2)
Electric Vehicle Charging Stations
-
Permitted
(3)
Solar energy systems
5.23
Permitted
90
Rural Municipality of Milden No. 259 Zoning Bylaw
Table 7-3
H - HAMLET 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)
Site Coverage
(%)
Maximum
Building
Height (m)
Residential Uses
(1) Modular dwellings
P
4.9
450 m2
(4,845 ft2)
15 m
(50 ft)
6 m(1)(2)(3)
(20 ft)
6 m(1)(2)(3)
(20 ft)
6 m(1)(2)(3)
(20 ft)
35
- -
(2) Single detached dwellings
P
- -
450 m2
(4,845 ft2)
15 m
(50 ft)
6 m(1)(2)(3)
(20 ft)
6 m(1)(2)(3)
(20 ft)
6 m(1)(2)(3)
(20 ft)
35
- -
Commercial Uses
(1) Agricultural related commercial or industrial
D
3.7.4 (11)
1,000 m2
(10,764 ft2)
30 m
(100 ft)
- -
1.5 m
(5ft)
- -
50
- -
(2) Agricultural implement, recreational vehicle, automobile, marine and
manufactured homes sales and service establishments
D
- -
1,000 m2
(10,764 ft2)
30 m
(100 ft)
- -
1.5 m
(5ft)
- -
50
- -
(3) Agricultural product storage, transshipment, service and contracting
establishments, excluding facilities for the handling of large animals
D
3.7.4 (11)
1,000 m2
(10,764 ft2)
30 m
(100 ft)
- -
1.5 m
(5ft)
- -
50
- -
(4) Cannabis retail stores
D
5.27
450 m2
(4,845 ft2)
15 m
(50 ft)
- -
1.5 m
(5ft)
- -
50
- -
(5) Construction trades
D
3.7.4 (6)
450 m2
(4,845 ft2)
15 m
(50 ft)
- -
1.5 m
(5ft)
- -
50
- -
(6) Convenience stores
D
- -
450 m2
(4,845 ft2)
15 m
(50 ft)
- -
1.5 m
(5ft)
- -
50
- -
(7) Daycare centres
D
- -
450 m2
(4,845 ft2)
15 m
(50 ft)
- -
1.5 m
(5ft)
- -
50
- -
(8) Hotels and motels
D
3.7.4 (13)
1,000 m2
(10,764 ft2)
30 m
(100 ft)
- -
1.5 m
(5ft)
- -
50
- -
(9) Liquor stores
D
- -
450 m2
(4,845 ft2)
15 m
(50 ft)
- -
1.5 m
(5ft)
- -
50
- -
(10) Manufacturing or processing facilities
D
3.7.4 (6)
450 m2
(4,845 ft2)
15 m
(50 ft)
- -
1.5 m
(5ft)
- -
50
- -
(11) Personal service establishments
D
- -
450 m2
(4,845 ft2)
15 m
(50 ft)
- -
1.5 m
(5ft)
- -
50
- -
(12) Restaurants with or without associated lounges
D
- -
450 m2
15 m
- -
1.5 m
- -
50
- -
Rural Municipality of Milden No. 286 Zoning Bylaw
91
(4,845 ft2)
(50 ft)
(5ft)
(13) Retail stores
D
- -
450 m2
(4,845 ft2)
15 m
(50 ft)
- -
1.5 m
(5ft)
- -
50
- -
(14) Veterinary clinics and hospitals
D
- -
450 m2
(4,845 ft2)
15 m
(50 ft)
- -
1.5 m
(5ft)
- -
50
- -
(15) Welding and machine shops
D
3.7.4 (6)
450 m2
(4,845 ft2)
15 m
(50 ft)
- -
1.5 m
(5ft)
- -
50
- -
Municipal, Recreational, Institutional and Other Use
(1) Community halls
P
- -
1,000 m2
(10,764 ft2)
30 m
(100 ft)
6 m
(20 ft)
1.5 m
(5ft)
6 m
(20 ft)
50
- -
(2) Cultural institutions
P
- -
1,000 m2
(10,764 ft2)
30 m
(100 ft)
6 m
(20 ft)
1.5 m
(5ft)
6 m
(20 ft)
50
- -
(3) Historical and archaeological sites
P
- -
- -
- -
- -
- -
- -
- -
- -
(4) Municipal facilities
P
4.10
- -
- -
- -
- -
- -
- -
- -
(5) Parks and playgrounds
P
- -
- -
- -
- -
- -
- -
- -
- -
(6) Places of worship
P
- -
1,000 m2
(10,764 ft2)
30 m
(100 ft)
6 m
(20 ft)
1.5 m
(5ft)
6 m
(20 ft)
50
- -
(7) Public works, excluding solid and liquid waste disposal sites
P
4.10
- -
- -
- -
- -
- -
- -
- -
(8) Recreational facilities
P
3.7.4 (2)
1,000 m2
(10,764 ft2)
30 m
(100 ft)
6 m
(20 ft)
1.5 m
(5ft)
6 m
(20 ft)
50
- -
(9) Schools and educational facilities
P
- -
1,000 m2
(10,764 ft2)
30 m
(100 ft)
6 m
(20 ft)
1.5 m
(5ft)
6 m
(20 ft)
50
- -
(10) Wildlife and ecological conservation areas
P
- -
- -
- -
- -
- -
- -
- -
- -
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 7-3 and the H - Hamlet District:
(1) where the yard abuts a municipal grid road, main farm access road, or provincial highway yard setback shall be subject to Section 4.14.
(2) where the yard abuts a residential use, then the yard setback shall be 3 m (10 ft)
(3) where the yard abuts a residential use, no setback is required
92
Rural Municipality of Milden No. 259 Zoning Bylaw
7.4
IC - INDUSTRIAL/COMMERCIAL DISTRICT
7.4.1
Intent
The objective of the IC - Industrial/Commercial District is to provide for general
industrial/commercial and other compatible development in specific areas, with standards for such
development.
7.4.2
Permitted and Discretionary Uses and Development Standards
The permitted and discretionary uses and applicable development standards are laid out in Table 7-
4.
7.4.3
Prohibited Uses
Uses prohibited in IC - Industrial/Commercial District are as follows:
(1)
Outside storage within a yard abutting a road, but shall not include the display of vehicles
or machinery for sale, which shall be neatly arranged.
7.4.4
Accessory Buildings and Uses
7.4.5
Site Requirements
The minimum and maximum site size and yard requirements are shown in Table 7-4.
7.4.6
Standards for Discretionary Uses
Council will consider discretionary use applications in the IC - Industrial/Commercial District with
regard to Section 3.7.2 General 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 an industrial use is subject to Section
3.5.2 (4) of this bylaw.
Accessory Building and Uses Including:
Subject to Section
Designation
(1)
Accessory Buildings and Structures
5.3
Permitted
(2)
Electric Vehicle Charging Stations
-
Permitted
(3)
Business dwelling units
3.7.4 (15)
Discretionary
(4)
Geothermal Energy Systems
5.14
Discretionary
(5)
Solar energy systems
5.23
Discretionary
(6)
Wind Energy Facilities
5.28
Discretionary
Rural Municipality of Milden No. 286 Zoning Bylaw
93
7.4.7
Outside Storage
Outside storage, including garbage storage, is subject to Section 4.15 of this Bylaw.
94
Rural Municipality of Milden No. 259 Zoning Bylaw
Table 7-4
IC - INDUSTRIAL/COMMERCIAL 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)
Site coverage
(%)
Residential Uses
(1)
Dwelling units for the operator of a commercial use where ancillary to that use
and located on the same site
P
3.7.4 (14)
Same as principal use
Commercial Uses
(1)
Meat processing and kill facilities
D
5.20
1,000 m2
(10,764 ft2)
30 m
(98.43 ft)
7.6 m(1)
(24.93 ft)
3(1) m
(9.84 ft)
3(1) m
(9.84 ft)
30%
(2)
Agriculturally related commercial or industrial use
P
3.7.4 (11)
1,000 m2
(10,764 ft2)
30 m
(98.43 ft)
7.6 m(1)
(24.93 ft)
3(1) m
(9.84 ft)
3(1) m
(9.84 ft)
30%
(3)
Auction markets, excluding livestock auctions
D
5.14
1,000 m2
(10,764 ft2)
30 m
(98.43 ft)
7.6 m(1)
(24.93 ft)
3(1) m
(9.84 ft)
3(1) m
(9.84 ft)
30%
(4)
Junk and salvage yards
D
5.23
1,000 m2
(10,764 ft2)
30 m
(98.43 ft)
7.6 m(1)
(24.93 ft)
3(1) m
(9.84 ft)
3(1) m
(9.84 ft)
30%
(5)
Campgrounds
D
3.7.4 (9), 5.2
1,000 m2
(10,764 ft2)
30 m
(98.43 ft)
7.6 m(1)
(24.93 ft)
3(1) m
(9.84 ft)
3(1) m
(9.84 ft)
30%
(6)
Cannabis production facilities
D
3.7.4 (15),
5.26
1,000 m2
(10,764 ft2)
30 m
(98.43 ft)
7.6 m(1)
(24.93 ft)
3(1) m
(9.84 ft)
3(1) m
(9.84 ft)
30%
(7)
Commercial recreational facilities
D
3.7.4 (2)
1,000 m2
(10,764 ft2)
30 m
(98.43 ft)
7.6 m(1)
(24.93 ft)
3(1) m
(9.84 ft)
3(1) m
(9.84 ft)
30%
(8)
Convenience stores, with or without gas bars
P
- -
1,000 m2
(10,764 ft2)
30 m
(98.43 ft)
7.6 m(1)
(24.93 ft)
3(1) m
(9.84 ft)
3(1) m
(9.84 ft)
30%
(9)
Distilleries, wineries and breweries
D
- -
1,000 m2
(10,764 ft2)
30 m
(98.43 ft)
7.6 m(1)
(24.93 ft)
3(1) m
(9.84 ft)
3(1) m
(9.84 ft)
30%
(10)
Hotels and Motels
P
3.7.4 (13)
1,000 m2
(10,764 ft2)
30 m
(98.43 ft)
7.6 m(1)
(24.93 ft)
3(1) m
(9.84 ft)
3(1) m
(9.84 ft)
30%
(11)
Lumber
yards,
home
improvement
centres
and
building
supply
establishments
D
- -
1,000 m2
(10,764 ft2)
30 m
(98.43 ft)
7.6 m(1)
(24.93 ft)
3(1) m
(9.84 ft)
3(1) m
(9.84 ft)
30%
(12)
Manufacturing and processing
D
3.7.4 (6)
1,000 m2
(10,764 ft2)
30 m
(98.43 ft)
7.6 m(1)
(24.93 ft)
3(1) m
(9.84 ft)
3(1) m
(9.84 ft)
30%
(13)
Nurseries, greenhouses and garden centres
P
- -
1,000 m2
30 m
7.6 m(1)
3(1) m
3(1) m
30%
Rural Municipality of Milden No. 286 Zoning Bylaw
95
Table 7-4
IC - INDUSTRIAL/COMMERCIAL DISTRICT DEVELOPMENT STANDARDS
(10,764 ft2)
(98.43 ft)
(24.93 ft)
(9.84 ft)
(9.84 ft)
(14)
Personal service establishments
P
- -
1,000 m2
(10,764 ft2)
30 m
(98.43 ft)
7.6 m(1)
(24.93 ft)
3(1) m
(9.84 ft)
3(1) m
(9.84 ft)
30%
(15)
Recycling collection depots
D
3.7.4 (8)
1,000 m2
(10,764 ft2)
30 m
(98.43 ft)
7.6 m(1)
(24.93 ft)
3(1) m
(9.84 ft)
3(1) m
(9.84 ft)
30%
(16)
Repair shops and repair services
D
- -
1,000 m2
(10,764 ft2)
30 m
(98.43 ft)
7.6 m(1)
(24.93 ft)
3(1) m
(9.84 ft)
3(1) m
(9.84 ft)
30%
(17)
Restaurants
P
- -
1,000 m2
(10,764 ft2)
30 m
(98.43 ft)
7.6 m(1)
(24.93 ft)
3(1) m
(9.84 ft)
3(1) m
(9.84 ft)
30%
(18)
Retail food outlets
P
- -
1,000 m2
(10,764 ft2)
30 m
(98.43 ft)
7.6 m(1)
(24.93 ft)
3(1) m
(9.84 ft)
3(1) m
(9.84 ft)
30%
(19)
Retail stores, but not including auction markets
P
- -
1,000 m2
(10,764 ft2)
30 m
(98.43 ft)
7.6 m(1)
(24.93 ft)
3(1) m
(9.84 ft)
3(1) m
(9.84 ft)
30%
(20)
Service stations
P
5.7
1,000 m2
(10,764 ft2)
30 m
(98.43 ft)
7.6 m(1)
(24.93 ft)
3(1) m
(9.84 ft)
3(1) m
(9.84 ft)
30%
(21)
Stockyards
D
3.7.4 (4)
1,000 m2
(10,764 ft2)
30 m
(98.43 ft)
7.6 m(1)
(24.93 ft)
3(1) m
(9.84 ft)
3(1) m
(9.84 ft)
30%
(22)
Taxidermy and accessory tanning of hides
D
3.7.4 (6)
1,000 m2
(10,764 ft2)
30 m
(98.43 ft)
7.6 m(1)
(24.93 ft)
3(1) m
(9.84 ft)
3(1) m
(9.84 ft)
30%
(23)
Veterinary clinics and animal hospitals
P
- -
1,000 m2
(10,764 ft2)
30 m
(98.43 ft)
7.6 m(1)
(24.93 ft)
3(1) m
(9.84 ft)
3(1) m
(9.84 ft)
30%
Industrial Uses
(1)
Asphalt and cement plants, gravel yards, and coal yards
D
3.7.3 (3),
3.7.4 (7)
1,000 m2
(10,764 ft2)
30 m
(98.43 ft)
7.6 m(1)
(24.93 ft)
3(1) m
(9.84 ft)
3(1) m
(9.84 ft)
30%
(2)
Construction trades without outdoor storage
P
- -
1,000 m2
(10,764 ft2)
30 m
(98.43 ft)
7.6 m(1)
(24.93 ft)
3(1) m
(9.84 ft)
3(1) m
(9.84 ft)
30%
(3)
Outdoor storage facilities
D
3.7.4 (8)
1,000 m2
(10,764 ft2)
30 m
(98.43 ft)
7.6 m(1)
(24.93 ft)
3(1) m
(9.84 ft)
3(1) m
(9.84 ft)
30%
(4)
Warehouse, supply depot and storage establishments
P
- -
1,000 m2
(10,764 ft2)
30 m
(98.43 ft)
7.6 m(1)
(24.93 ft)
3(1) m
(9.84 ft)
3(1) m
(9.84 ft)
30%
(5)
Welding and machine shops
D
3.7.4 (6)
1,000 m2
(10,764 ft2)
30 m
(98.43 ft)
7.6 m(1)
(24.93 ft)
3(1) m
(9.84 ft)
3(1) m
(9.84 ft)
30%
Municipal, Recreational, Institutional and Other Uses
(1)
Municipal facilities
P
4.10
- -
- -
- -
- -
- -
30%
(2)
Public works, excluding solid and liquid waste disposal sites
P
4.10
- -
- -
- -
- -
- -
30%
(3)
Solid and liquid waste disposal facilities
D
5.4
- -
- -
- -
- -
- -
30%
(4)
Wind energy facilities (one turbine)
D
5.17
Development Standards as laid out in Section 5.17
96
Rural Municipality of Milden No. 259 Zoning Bylaw
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 7-4 and the IC - Industrial/Commercial District:
(1)
No requirements for any yard abutting a railway
Rural Municipality of Milden No. 286 Zoning Bylaw
97
8 REQUIRED SEPARATION DISTANCES BETWEEN USES
Table 8-1:
Separation Distances
Between Uses
(in metres)
Municipal Wells
Residential *
Recreational
Development
(campground, ski
hill, festival site,
etc.) (4)
Intensive
Agriculture (6)
Single Parcel
CR(1)
Multi-parcel CR,
Organized
Hamlet, Hamlet,
or Urban
Municipality(2)(5)
Tourist
Accommodation
(3)
Urban Municipality
- -
- -
N/A
- -
- -
- -
Intensive
Livestock
Operation (7)
100 - 300 A.U.
1,600
600
1,600
600
600
- -
301 - 1,000 A.U.
1,600
800
2,400
800
800
- -
> 1,000 A.U.
1,600
1,200
3,200
1,200
1,200
- -
Airport / Airstrip (8)
- -
- -
800
- -
- -
- -
Gravel Pit
- -
200
600
200
- -
- -
Waste Mgmt.
(9)
Solid
1,600
457
457
457
457
457
Liquid
1,600
457
457
457
457
457
Anhydrous
(10)
Non-refrigerated
- -
305
305
305
305
- -
Refrigerated
- -
600
600
600
600
- -
Hazardous Industrial (11)
1,600
1,600
2,400
1,000
1,000
- -
Distances are measured as follows: between closest point of nearest:
(1)
Single residential building...
(2)
Multi-lot residential building site...
(3)
Tourist accommodation facility...
(4)
Recreational site...
(5)
Municipal boundary...
(6)
Intensive agricultural site...
(7)
ILO facility...
(8)
Airport / airstrip facility...
(9)
Waste management facility or lagoon...
(10)
Anhydrous ammonia storage facility...
(11)
Hazardous Industrial site...
*
All residences existing as of the adoption date of this bylaw are exempt from the separation distances required in Table 8-1. Any existing
residences exempt from these separation distances, and which are damaged or destroyed by an occurrence such 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 8-1 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.
... to the nearest residential building, corporate limit, ILO, airport
or airstrip, gravel pit, anhydrous ammonia storage facility, waste
management facility, or to the site lines for other uses.
9 MAPS