Zoning Bylaw No. 197-2022 — full text

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## RM OF WHISKA CREEK No. 106 ## Zoning Bylaw No. 197-2022 1. Pursuant to Sections 34(1) of The Planning and Development Act, 2007, the Council of the RM of Whiska Creek No. 106 hereby adopts the Zoning Bylaw, identified as Schedule "A" to this Bylaw. 2. The Reeve and Administrator are hereby authorized to sign and seal Schedule "A" which is attached to and forms part of this Bylaw. 3. Bylaw No. 32, known as the RM of Whiska Creek Zoning Bylaw and any amendments made thereto is hereby repealed. 4.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 Read a Second Time the Read a Third Time and Adopted the Sellin Reeve 3RD 17TH 17TH day of OCTOBER day of JANUARY 2023 day of JANUARY 2023 2022 ROVINGE INCORPORATED 1913 CREEK Certified a True Copy of the Bylaw adopted by Resolution of Council on the 174A dayor JANUARY 2023 APPROVED REGINA, SASK UN 2 6 202 Ian seers Minister of Government Relations ROVINGE INCORPORATED 1913 bana + 90y       ## RM OF WHISKA CREEK No. 106 ## ZONING BYLAW SCHEDULE "A" TO BYLAW No. 197-2022 NOVEMBER 2022 Pursuant to section 37(1)(d) and 76 of The Planning and Development Act, 2007, the RM of Whiska Creek No. 106 Zoning Bylaw No. 197-2022 is conditionally APPROVED subject to Council preparing and adopting amendments to: Section 4.2.4(a) to reduce the minimum setback distance to 125 metres or 500 metres in cases where HzS is present Within twelve months of the date of this decision.   lar Jacus Executive Director, for and on behalf of the Minister of Government Relations Date: June 26, 2023 ## TABLE OF CONTENTS | | 1.0 INTRODUCTION | Frrr. | |------|-----------------------------------------------------------------|---------| | 1.1 | Title | | | | 1.2 Purpose | | | | 1.3 Scope | | | | 1.4 Severability | 1 | | | 1.5 Organization of this Bylaw | 1 | | | 2.0 ADMINISTRATION | | | | 22 Development orters Council | | | | 2.3 Development Not Requiring a Development Permit | | | | 2.4 Development Application Requirements | | | 2.5 | Development Application Procedures | | | 2.6 | Development Application Evaluation Criteria | | | | 2.7 Development Appeals | | | 2.8 | Minor Variances | | | 2.9 | Development Application Fees | | | 2.10 | Non-Conforming Uses, Buildings, & Sites | | | | Site Size Adjustments | | | | Permits, Licences, & Compliance with Other Bylaws | | | | Bylaw Enforcement, Offences, & Penalties | | | | 2.14 Restoration to a Safe Condition | | | | 3.0 GENERAL REGULATIONS | 12 | | | 3.1 Licenses, Permits & Compliance | 12 | | 3.2 | Prohibited & Noxious Uses | 12 | | 3.3 | Principal Buildings, Structures, & Uses | 12 | | | 3.4 Accessory Buildings, Structures, & Uses | 12 | | 3.5 | Building Heights | 13 | | 3.6 | Signs & Billboards | 14 | | 3.7 | Off-Road Parking, Loading, & Heavy Hauling | 14 | | 3.8 | Outdoor Storage | 15 | | 3.9 | Storage & Handling of Hazardous Materials | 15 | | 3.10 | Fences, Hedges, & Shelterbelts | 16 | | 3.11 | Landscaping | 16 | | 3.12 | Site Grading, Levelling, & Drainage | 16 | | 3.13 | Environmental Management | 17 | | 3.14 | Development on Hazard Lands | 17 | | 3.15 | Development in Proximity to Provincial Highways | 18 | | 3.16 | Development in Proximity to a Railway | 18 | | | 3.17 Development in Proximity to Pipelines & Transmission Lines | 19 | | 3.18 | Heritage & Archaeological Resource Management | 19 | | 4.0 REGULATIONS FOR SPECIFIC USES | 20 | |------------------------------------------------|------| | 4.1 Intensive Livestock Operations (ILO) | 20 | | Resource Exploration & Development | 21 | | Farm & Home-Based Businesses | 23 | | Secondary Suites | | | Mobile, Ready-to-Move (RTM), & Modular Housing | | | Commercial & Industrial Development | 24 | | 4.7 Campground & Recreation Vehicle (RV) Park | 24 | | | 25 | | Solar Energy | 25 | | Wind Energy | 26 | | 4.11 Communication Tower | 26 | | Private Airstrips | 27 | | 4.13 Public Utilities & Municipal Facilities | 27 | | 4.14 Solid & Liquid Waste Disposal Facilities | 27 | | 5.0 ZONING DISTRICTS | 28 | | 5.1 Classification of Zoning Districts | 28 | | 5.2 - The Zoning District Map | 28 | | 5.3 Boundaries of Zoning Districts | 28 | | 5.4 Zoning District Schedules | 28 | | 6.0 AGRICULTURAL-RESOURCE (AR) | 29 | | 7.0 RURAL RESIDENTIAL (RR) | 32 | | 8.0 LIGHT INDUSTRIAL-COMMERCIAL (M1) | 34 | | 8.0 HAMLET (HL) | 36 | | 9.0 ENVIRONMENTAL CONSERVATION (EC) | 39 | | EXHIBIT A: DEFINITIONS | | | EXHIBIT B: ZONING DISTRICT MAP | | ## 1.0 INTRODUCTION Under the authority provided by The Planning and Development Act, 2007 (The Act), the Council of the RM of Whiska Creek No. 106, in the Province of Saskatchewan, in open meeting hereby enacts as follows: ## 1.1 TITLE This Bylaw No. 197-2022 shall be known and may be cited as the Zoning Bylaw of the RM of Whiska Creek No. 106. ## 1.2 PURPOSE The purpose of this Bylaw is to regulate land use and development within the RM in accordance with the RM of Whiska Creek No. 106 Official Community Plan Bylaw No. 196-2022 (OCP). ## 1.3 SCOPE Development shall be permitted within the limits of the RM only when in conformity with the provisions of this Bylaw subject to the right of appeal provisions of The Act. ## 1.4 SEVERABILITY A decision of a Court that one or more of the provisions of this Bylaw are invalid in whole or in part does not affect the validity, effectiveness or enforceability of other provisions or parts of the provisions of this Bylaw. ## 1.5 ORGANIZATION OF THIS BYLAW ## 1.5.1 Administration The application requirements, processes, and evaluation criteria for all types of development applications are contained in Section 2.0. ## 1.5.2 Regulations General regulations that apply to all forms of development are contained in Section 3.0 while additional regulations that apply to specific uses are contained in Section 4.0. ## 1.5.3 The Zoning District Schedules and Map The Zoning District Schedules and Map (Exhibit B) are explained in Section 5.0. ## 1.5.4 Definitions The definitions contained in Exhibit A shall apply to both this Bylaw and the OCP. ## 1.5.5 Interpretation Where any provision of this Bylaw appears unclear, Council shall make the final Bylaw interpretation. ## 2.0 ADMINISTRATION ## 2.1 DEVELOPMENT OFFICER & COUNCIL ## 2.1.1 Development Officer The Administrator of the RM of Whiska Creek No. 106 shall be the Development Officer responsible for the administration of this Bylaw. The Development Officer shall: - (a) Receive, record, and review development permit applications. - (b) Issue a decision on development permits for permitted uses. - (c) Assist Council with issuing a decision on discretionary uses, zoning amendments, OCP amendments, and development and servicing agreements. - (d) Administer any Public Notification process as required by this Bylaw or any other Bylaw adopted by the RM. - (e) Collect development application fees according to the fee schedule established in this Bylaw or any other Bylaw adopted by the RM. - (f) Maintain for inspection by the public during regular office hours, a copy of this Bylaw, the Zoning District Map, and any amendments. - (g) Perform other duties as determined by Council. ## 2.1.2 Council The RM of Whiska Creek No. 106 Council shall: - (a) Issue a decision on discretionary uses, zoning amendments, OCP amendments, and development and servicing agreements in accordance with The Act, the OCP, and this Bylaw. - (b) Make a recommendation on all subdivision application referrals received from the Saskatchewan Ministry of Government Relations prior to a decision being made by the Minister. ## 2.2 DEVELOPMENT PERMITS - 2.2.1 No person shall commence a new use or undertake development, including repairs and renovations involving structural alterations, without first obtaining a development permit, unless exempt under Section 2.3. - 2.2.2 A development permit shall not be issued for any structure or use in contravention of any provisions of this Bylaw or the OCP, except as provided in an appeal pursuant to The Act. ## 2.2.3 Frontage on Road A development permit shall not be issued unless the site abuts or has frontage on a public road ## 2.2.4 Building Permit A building permit shall not be issued in accordance with the RM Building Bylaw unless a development permit, where required, has also been issued. Applications for a development permit and building permit may be reviewed concurrently. ## 2.2.5 Development Permit Validity A development permit is valid for a period of 24 months. This period may be extended by the Development Officer before the development permit expires for an additional 12 months if requested in writing by the permit holder. A development permit shall be considered void if: - (a) The use is not commenced while the development permit is valid; - (b) A building permit, if required, is not obtained while the development permit is valid; or - (C) The building permit expires while the development permit is no longer valid. ## 2.2.6 Cancellation of a Development Permit The Development Officer or Council may cancel a Development Permit if:  - (a) It is revealed that the development permit was issued based on false or mistaken information; - (b) New information is revealed pertaining to the suitability of the site for the specific use or. development, or - (c) The permit holder requests a modification to the original development permit. ## 2.2.7 Buildings to be Moved No building shall be moved within or into the RM without the issuance of a development permit, unless exempt under Section 2.3. ## 2.2.8 Demolition of Buildings No building or structure larger than 100 ft? in the Hamlet (HL) Zoning District or 1,000 ft? in any other Zoning District shall be demolished without the issuance of a demolition permit in accordance with the RM's Building Bylaw. ## 2.3 DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT - 2.3.1 A development permit is not required for the following, but all other applicable provisions of this Bylaw shall apply: - (a) The maintenance or construction of a public work by the RM or public utility; - (b) Maintenance and repairs that do not include structural alterations; - (C) Accessory buildings, structures, and uses in the Agricultural-Resource (AR) Zoning District, but Section 3.4 shall still apply; - (d) Accessory buildings and structures in the Hamlet (HL) Zoning District that are equal or less than 9.3 mr (100 ftz) in area though Section 3.4 of this Bylaw still applies. - (e) Home or farm-based business or offices, but Section 4.3 shall still apply; - (f) The erection of any sign, excluding Billboard Signs, but Section 3.6 shall still apply; - (g) The erection of any fence or stand-alone wall (retaining wall, screen, etc.), but Section 3.8 shall still apply; - (h) The planting of any trees, shrubs, or landscaping, but Section 3.9 shall still apply; and - (i) A temporary building where the sole purpose is incidental to the construction or alteration of a building. ## 2.4 DEVELOPMENT APPLICATION REQUIREMENTS - 2.4.1 The requirements included in this Section apply to applications for development applications for permitted uses and discretionary uses as well as zoning and OCP amendments. - 2.4.2 Any development application shall be submitted with the required fees to the Development Officer and shall include the following information: - (a) The names and contact information of the applicant, the property owner, and the person who prepared the application and / or supporting material. - (b) The legal description of the subject property (1/4 Section or Lot, Block, Plan). - (C) A description of the proposed development or use on the subject property. - (d) A Site Plan that should include: - i. A north arrow, the subject site property boundaries and dimensions, and all adjacent properties and public roads. - ii. The location of any existing buildings, structures, utility poles, underground utilities, easements, and trees. - ili. The location and size of proposed buildings or structures, including all front, side and rear yard setback dimensions. - iv. The location of any entrances or exterior doorways, walkways, and pedestrian circulation areas; - v. The location and size of all proposed parking spaces, driveways, vehicle circulation areas, and loading spaces; and - vi. The location and size of any proposed signs. - (e) Any other required information, supporting studies, or a concept plan as determined to by the Development Officer or Council in accordance with this Bylaw and the OCP. ## 2.4.3 Development Application Fees Development application fees for development applications for permitted uses and discretionary uses, as well as zoning and OCP amendments are outlined in Section 2.9 of this Bylaw. ## 2.5 DEVELOPMENT APPLICATION PROCEDURES ## 2.5.1 General Development Application Procedures The following procedures apply to all development applications for permitted uses and discretionary uses as well as zoning and OCP amendments in addition to those listed for specific applications in Section 2.5.2 to 2.5.4: - (a) Upon receiving the development application, the Development Officer will examine the application for compliance with the OCP and this Bylaw, including the evaluation criteria in Section 2.6, and any other applicable policies, regulations, and standards. - (b) Prior to making a decision or conducting public notice and referring the application to Council, the Development Officer may circulate the application to any government agencies, neighbouring municipalities, interested groups, or engineering, legal, or other professionals for consideration and for comment. - (c) The applicant shall be notified in writing of the decision on their application and shall be advised of their right to appeal in accordance with this Bylaw and The Act. - (d) A copy of all approved development permit applications involving the installation of water and sanitary services shall be sent to the Health Authority. ## Permitted Use Development Permit Application Procedures (FIGURE 1) In addition to the general development application procedures in Section 2.5.1, the following procedures apply to all development permit applications for permitted uses: - (a) If a person applies for a development permit for a development or use that is permitted in its Zoning District and conforms to all provisions of this Bylaw and the OCP, then the Development Officer shall issue a development permit. - (b) Performance standards, development standards, or conditions may be applied that are consistent with standards or conditions of this Bylaw in accordance with The Act (s. 62(4)) to ensure the development or use satisfies the development application evaluation criteria in Section 2.6. ## 2.5.3 Discretionary Use Development Permit Application Procedures (FIGURE 1) In addition to the general development application procedures in Section 2.5.1, the following procedures apply to all development permit applications for discretionary uses in accordance with The Act (s. 54-58): - (a) If a person applies for a development permit for a development or use that is listed as a discretionary use in its Zoning District, then the Development Officer shall give public notice of the application in accordance with The Act (s. 55). - (b) The Public Notice shall be distributed to the assessed owners of property within a minimum 75 metres of the site of the application and shall indicate the date of the Council meeting at which the discretionary use application will be considered. - (c) The Development Officer shall prepare a report for Council concerning the discretionary use application that may contain recommendations for conditions of approval to be applied in accordance with The Act (s. 56(3) & 62(3)) to ensure the development or use satisfies the development application evaluation criteria in Section 2.6. - (d) Council shall consider the application together with the Development Officer's report and any written or verbal submissions received from the public before issuing a decision by Council resolution to: - i. Approve the discretionary use application as is; - ii. Approve the discretionary use application with performance standards, development standards, or conditions in accordance with The Act (s. 56(3)) to ensure the development or use satisfies the development application evaluation criteria in Section 2.6; or - Reject the discretionary use application. FIGURE 1. DEVELOPMENT PERMIT APPLICATION PROCESS  ## 2.5.4 Planning Bylaw Amendment Application Procedures (FIGURE 2) In additional to the general development application procedures in Section 2.5.1, the following procedures apply to all applications for Zoning Bylaw and OCP amendments: - (a) It a person applies for an OCP amendment or zoning amendment (including a rezoning of their property), Council may decide to consider the application by passing a resolution authorizing the Development Officer to proceed with preparing draft bylaws and public notices, and to authorize the date and time for a required public hearing. If Council decides not to agree to consider the amendment or rezoning, then the applicant shall be notified in writing of the decision. - (b) Council shall give the bylaws first reading only and shall publish a public notice of its intent to amend the OCP or Zoning Bylaw, once a week for two consecutive weeks in accordance with The Act (s. 207). The first advertisement must be at least two weeks before the date of the public hearing. - (c) The public hearing shall be held before the second reading by Council. The hearing may be held during a Council meeting but Council must resolve to suspend the meeting for the hearing. The hearing may be closed once all representations are heard and all written submissions are accepted. Following the public hearing, Council may decide to either: - i. Alter the bylaw to address concerns or objections; - il. Approve the bylaw amendment as is; or - ili. Refuse the application by withdrawing the Bylaw. - (d) If approved, the Development Officer shall send a copy of the OCP or Zoning Bylaw amendment to the Ministry of Government Relations for review. Any OCP or Zoning Bylaw amendment requires Ministerial Approval before it can come into effect. - (e) If an application requires both an OCP and Zoning Bylaw amendment, then separate bylaws are needed, but they may be prepared and reviewed in conjunction.  ## 2.6 DEVELOPMENT APPLICATION EVALUATION CRITERIA - 2.6.1 When evaluating applications for development permits for permitted uses and discretionary uses, as well as zoning amendments and OCP amendments, the Development Officer and Council shall consider whether such proposals: - (a) Conform with all relevant provisions of the OCP, this Bylaw, and any other applicable policies and regulations; - (b) Are viable and marketable; - (c) Are suitable for the proposed site and do not pose a threat to the natural environment; - (d) Are compatible with neighbouring properties and overall RM land use patterns; - (e) Are not detrimental to the health, safety, convenience, and general welfare of RM residents and visitors; - (t) Can be economically serviced including roadways, water and sewer, solid waste disposal, parks, schools, community facilities, and utilities; - (g) Can be suitably drained in accordance with Section 3.12 of this Bylaw; and - (h) Create no undue burden on RM finances. ## 2.7 DEVELOPMENT APPEALS - 2.7.1 Council shall appoint a Development Appeals Board (DAB) within 90 days of the adoption of this Bylaw to hear and issue decisions on development appeals in accordance with The Act (s. 213 to 227). - 2.7.2 A person who wishes to make an appeal to the DAB shall do so in writing to the Development Officer within 30 days of the date of issuance or refusal of a development permit application. - 2.7.3 The DAB has the authority under The Act (s. 219) to allow variances to the standards of this Bylaw, including standards and conditions specified for a permitted or discretionary use. - 2.7.4 The DAB does not have the authority to vary and will not hear appeals based on a decision by the Development Officer or Council to: - (a) Refuse a use or intensity of use not permitted in a Zoning District. - (b) Refuse a discretionary use or intensity of a discretionary use. - (c) Refuse a rezoning of the person's land. - 2.7.5 A decision by the DAB may be appealed to the Saskatchewan Municipal Board in accordance with The Act (s. 226). - 2.7.6 Development appeal application fees are outlined in Section 2.9 of this Bylaw.  ## 2.8 MINOR VARIANCES - 2.8.1 Applications for a minor variance shall be made to the Development Officer, who shall review the application and issue a decision in accordance with The Act (s. 60). - 2.8.2 The Development Officer may grant a minor variance of up to 10% of any minimum yard setback or minimum distance between buildings or structures for either a permitted or discretionary use as specified by this Bylaw. - 2.8.3 The Development Officer shall maintain a registry of all minor variance applications. - 2.8.4 Minor variance application fees are outlined in Section 2.9 of this Bylaw. ## 2.9 DEVELOPMENT APPLICATION FEES - 2.9.1 The applicant of a development application shall pay a fee according to the following schedule: - (a) Development Permit: - i. Permitted Use: - ii. Discretionary Use: - (b) OCP or Zoning Amendment: - (c) Development Appeal: - (d) Minor Variance: $50 $100 $250 $150 $50 ## 2.9.2 Costs of Advertising In addition to the above fees schedule, the applicant shall be responsible for the costs of any required public notice or advertising in accordance with this Bylaw and The Act. ## 2.9.3 Professional Application Review The Development Officer may also require the application to be reviewed by planning, engineering, legal or other professionals, with the cost of this review to be borne by the. -applicant. ## 2.9.4 Interest and Registration Council may require development agreements, servicing agreements and other documents to be registered or caveated against affected lands, to protect municipal and public interests. The cost of the registration of an interest or caveat will be the responsibility of the applicant. ## 2.10 NON-CONFORMING USES, BUILDINGS, & SITES - 2.10.1 Any use of land, building, structure, or site lawfully existing at the time of passing of this Bylaw that is rendered non-conforming by the enactment of this Bylaw or any subsequent amendments, may be continued, transferred, or sold in accordance with the provisions of The Act (s. 88 to 93). - 2.10.2 A legally nonconforming use or building pursuant to Section 2.10.1 may be enlarged, reconstructed, repaired or renovated provided that the element of nonconformity is not increased and all other applicable provisions of this Zoning Bylaw are satisfied. ## 2.11 SITE SIZE ADJUSTEMENTS - 2.11.1 In all Zoning Districts, the minimum site size requirements shall be as stated, except that the size of the remnant shall be deemed to be conforming in any of the following instances: - (a) Where roads, railways, pipeline and other public or private utilities are subdivided or registered as easements, including widenings; and - (b) Where adjustments are required due to irregularities in the primary survey system. ## 2.12 PERMITS, LICENSES, & COMPLIANCE WITH OTHER BYLAWS - 2.12.1 In the event of a conflict between this Bylaw and the OCP, the provisions of the OCP shall prevail. - 2.12.2 Nothing in this Bylaw shall exempt any person from complying with any other federal, provincial, or municipal requirement. Developers are responsible for obtaining all applicable federal and provincial approvals. - 2.12.3 Where the requirements of this Bylaw conflict with those of any other federal, provincial, or municipal requirement, the more stringent requirement shall apply. ## 2.13 BYLAW ENFORCEMENT, OFFENCES, & PENALTIES - 2.13.2 Pursuant to The Act (s. 242-245), the Development Officer may issue a stop order for development that contravenes this Bylaw or the standards and conditions specified in a development permit in order to achieve compliance. - 2.13.3 Any person who violates this Bylaw is guilty of an offence and liable on summary conviction to the penalties set forth in The Act. - 2.13.3 Errors and / or omissions by the Development Officer or someone acting under their direction while administering this Bylaw do not relieve any person from liability for failure to comply with the provisions of this Bylaw. ## 2.14 RESTORATION TO A SAFE CONDITION - 2.14.1 Nothing in this Bylaw shall prevent the strengthening, or the restoration to a safe condition, of any building or structure, provided such strengthening or restoration will not increase the height, area or volume so as to contravene the provisions of this Bylaw. - 2.14.2 Repairs, renovations, and restorations may be subject to development permit and building permit requirements. ## 3.0 GENERAL REGULATIONS ## 3.1 PROHIBITED & NOXIOUS USES ## 3.1.1 Prohibited Uses Any land use, excluding those listed under Section 3.2 below, that is not listed as either permitted or discretionary in its current zoning district shall be prohibited and will not be accommodated without a zoning bylaw amendment in accordance with Section 2.5.4. ## 3.1.2 Noxious Uses No land shall be used for any purpose that is noxious without appropriate mitigation measures that ensure the health and well-being of people and the environment are protected. ## 3.2 USES PERMITTED IN ALL ZONING DISTRICTS - 3.2.1 Nothing in this Bylaw shall prevent the use of any land for: - (a) A public street or public park; and/or - (b) Municipal facilities and public utilities, excluding solid and liquid waste disposal sites. - 3.2.3 Nothing in this Bylaw shall prevent the erection of any properly authorized traffic sign or signal, or any sign or notice of any local or other government department or authority. ## 3.3 PRINCIPAL BUILDINGS, STRUCTURES, & USES - 3.3.1 Only one principal building or use shall be permitted on any one site, except the following in accordance with all other applicable provisions of this Bylaw: - (a) Public utilities and municipal facilities; - (b) Mineral resource operations; - (c) Institutional uses; - (d) Recreational uses; - (e) Agricultural uses; or - (f) Communal settlements. - 3.3.2 Notwithstanding Section 3.3.1 above, Council may, at its discretion, issue a development permit for additional principal buildings or uses on a site. - 3.3.3 In any Zoning District, the principal use of the land must be established prior to the establishment of any accessory buildings, structures, or uses. ## 3.4 ACCESSORY BUILDINGS, STRUCTURES, & USES - 3.4.1 Accessory buildings shall be subordinate to, used in conjunction with, and located on the same site as the principal building or use. - Subject to all other requirements of this Bylaw, an accessory building, structure, or use is permitted in any Zoning District when accessory to an established principal permitted or discretionary use. - 3.4.3 No accessory building or structure shall be used as a dwelling, unless otherwise specified in this Bylaw. - In any Zoning District, there is no maximum number of accessory buildings per site provided that all regulations and standards are met. - 3.4.5 Private garages, carports, and other accessory buildings attached to a principal building by a substantial roof structure shall be considered as part of the principal building. ## 3.4.6 In the Hamlet (HL) Zoning District: Accessory buildings or structures shall comply with the following minimum setback requirements, unless otherwise specified in this Bylaw: - (a) Front yard setback: 3.0 m (9.84 ft) - (b) Side yard setback: 1.2 m (3.94 ft) - (a) Rear yard setback: 1.2 m (3.94 ft) or 1.5 m (4.92 ft) to a lane - (b) Distance to Principal Building: 1.5 m (4.92 ft) ## 3.4.7 In all other Zoning Districts: Accessory buildings or structures shall be subject to the same minimum setbacks as the principal building, structure, or use. ## 3.5 BUILDING HEIGHTS - 3.5.1 Building height shall be measured from average grade level to the highest point of the roof structure exclusive of any chimney, antenna, satellite dish, solar panel, or any other similar protrusions that are separate from the roof structure., ## 3.5.2 In the Rural Residential (RR) and Hamlet (HL) Zoning Districts: Unless otherwise specified by this Bylaw, the maximum building height shall be 10.0 metres (32.8 ft) for principal uses and 6.0 metres (19.7 ft) for accessory uses. Taller buildings may be considered by resolution of Council (discretionary use approval). ## In the Agricultural-Resource (AR) & Light Industrial-Commercial (M1) Zoning Districts: accessory uses shall be 15.0 metres (49.2 ft). Taller buildings may be considered by Unless otherwise specified by this Bylaw, the maximum building height for principal and resolution of Council (discretionary use approval). ## 3.5.4 Exceptions Grain bins and elevators, wind turbines, communication towers, and other similar structures may be considered that exceed the maximum height requirements in Sections 3.5.2 and 3.5.3 above provided they comply with all other provisions of this Bylaw. ## 3.6 SIGNS & BILLBOARDS ## 3.6.1 General Sign Regulations All other signs and billboards other than those referred to in Section 3.6.1, shall be subject to the following regulations: - (a) A sign may only advertise agricultural commercial uses, farm or home-based businesses, the principal use of a site, or the principal products offered for sale on the premises. - (b) Billboard signs advertising a business, service, or product not affiliated with the property for which it is located, shall require discretionary use approval by Council. - (c) The following signs shall be permitted provided that the signage is appropriate in scale, design, placement, and does not cause any safety concerns: - i. Government signs, directional signs, and other signs that bear no advertising including traffic control, no trespassing, hunting restrictions and similar signs. - il. Memorial signs, plaques, or other commemorative signs or monuments are exempt from restriction provided that the signage is appropriate in scale, design, placement, and does not cause any safety concerns. - Elections signs, real estate signs, and other temporary signs providing information on a specific property provided that the temporary condition still exists. - (d) No sign shall project beyond the property lines of the site to which it pertains. - (e) No sign shall be located in any manner that may, in the opinion of Council, visually obstruct or jeopardize public safety. - (f) Signs with any neon, LED, or other similar lighting shall be designed to cast light downwards and located appropriately to prevent from visually obstructing drivers and jeopardizing public safety. ## 3.6.2 Signs for Farm or Home-Based Businesses An approved home-based business, daycare, bed and breakfast operation, or other similar uses may display one (1) fascia sign, not exceeding 1.5 m2 (16.12 ft2) in area, that shall not be illuminated and shall be affixed to the principal building or located as close to the dwelling as possible. ## 3.6.3 Signs for Institutional, Recreational, Commercial, or Industrial Development A maximum of 2 advertising signs are permitted on any site or quarter section and each sign shall be no larger than 3.5 m2 and no higher than 6 metres in total height. Larger or taller signs may be considered by resolution of Council (discretionary use approval). ## 3.6.4 Highway Signs Signs located in a highway sign corridor shall be regulated entirely by the requirements of The Provincial Highway Sign Control Regulations, 2012 or amendments thereto. ## 3.7 Off-Road Parking, Loading, & Heavy Hauling ## 3.7.1 Residential Parkin n all Zoning Districts, one (1) off-road parking space shall be provided per dwelling uni which shall be located on the same site as the dwelling unit. ## 3.7.2 Commercial & Industrial Parking & Loading - (a) Parking for the proposed development shall be contained in a designated area and shall not be within any municipal right-of-way. - (b) Where the use of a building site involves the receipt and / or distribution of materials, goods, or merchandise from semi-trucks or other large vehicles, a designated loading space shall be provided that is a sufficient size so not to interfere with regular vehicular parking or traffic on a public roadway. ## 3.7.3 Heavy Hauling The RM may require a road maintenance agreement with developers and operators involved in concentrated heavy hauling on municipal roads to help pay for the incremental costs of road maintenance, construction and repair. ## 3.8 OUTDOOR STORAGE - 3.8.1 All sites shall be well maintained and free from excessive waste and debris. - 3.8.2 As a condition of development permit approval, the Development Officer or Council may require outdoor storage to be screened from adjacent land uses. ## 3.8.4 In the Hamlet (HL) Zoning District: The outdoor storage or collection of hazardous material shall be prohibited. ## 3.8.5 In all other Zoning Districts: Outdoor storage of any kind shall be a minimum 6.0 metres from any property line, unless a greater setback is required elsewhere in this Bylaw. ## 3.9 STORAGE & HANDLING OF HAZARDOUS MATERIALS - 3.9.1 Any proposed development involving the storage and handling of hazardous materials or substances shall comply with all relevant provincial and federal regulations, including The Hazardous Substances and Waste Dangerous Good Regulations, The Environmental Management and Protection Act, The Dangerous Goods Act, and the Fire Safety Act. The RM shall be provided with a copy of all required licenses, permits, and approvals. - 3.9.2 The Development Officer or Council may require the applicant to submit a report prepared by a qualified professional in accordance with the OCP (s. 5.2.5) to assess the safety of the proposed development or use, as well as identify any required mitigation measures to minimize the adverse impacts of the hazardous materials. - 3.9.3 The Development Officer or Council may require the applicant to submit an Emergency Management Plan in support of the proposed development. ## 3.10 · FENCES, HEDGES & SHELTERBELTS - 3.10.1 Landowners are responsible for ensuring all fences and other landscaping features are contained within their property lines. - 3.10.2 Fences, hedges, shelterbelts, and other screening devices that obstruct the vision of driver's shall not be located in a site triangle in accordance with Section 3.15.3 of this Bylaw. - 3.10.3 Any proposed hedges, shelterbelts, or other significant landscape features within 90 metres of a provincial highway right-of way requires a permit from the Ministry of Highways and Infrastructure (MHI). ## 3.11 LANDSCAPING - 311 Drone and emers. 3.11.1 Developers and landowners shall, wherever possible, practice landscaping strategies that: (b) Uses native species; - (c) Avoids the removal of existing trees and vegetation; and - (d) Integrates stormwater management to avoid disrupting natural drainage patterns. - 3.11.2 Any landscaping shall not disrupt or alter the existing drainage pattern without prior approval from the RM or provincial agencies as may be required. - 3.11.3 Landscaping or structures of any kind shall not obstruct vehicular or pedestrian travel along any roadway. - 3.11.4 The Development Officer or Council may require a landscaped buffer to separate potential disturbances from adjacent land uses. - 3.11.5 The Development Officer or Council may require a Landscape Plan to be prepared in support of any development application in accordance with Section 2.4.2(e). ## 3.12 SITE GRADING, LEVELLING, & DRAINAGE - 3.12.1 Land clearing and any disruptions to the natural terrain and existing drainage pattern shall be discouraged, excluding standard agricultural practices. - 3.12.2 No proposed development, site grading, or levelling shall result in surface drainage that adversely affects the environment, adjacent properties, or the stability of the land. - 3.12.3 The Development Officer of Council may require a Grading or Drainage Plan to be prepared in support of any development application in accordance with Section 2.4.2(e). ## 3.13 I ENVIRONMENTAL MANAGEMENT - 3.13.1 The Development Officer shall refer any application to relevant provincial departments, other agencies, or qualified professionals where a proposed development or subdivision has the potential to adversely threaten the natural environment, including: - (a) Critical wildlife habitats; - (b) Native grasslands; - (c) Surface waterbodies and watercourses; - (d) Groundwater or aquifer quality; and - (e) Air quality. - 3.13.2 The Development Officer or Council may require the applicant to submit a report prepared by a qualified professional in accordance with the OCP (s. 5.2.5) to assess the impact of the proposed development or subdivision on the natural environment, as well as identify any required mitigation measures. - 3.13.3 Actions identified in comments and / or a report pursuant to Section 3.13.1 and 3.13.2 may be incorporated as conditions to the issuance of any development permit and may be required to be registered on title as an interest in accordance with The Act. - 3.13.4 The Development Officer or Council shall refuse any development application for which the proposed actions are inadequate to address the negative impact on the natural environment, ## 3.14 DEVELOPMENT ON HAZARD LANDS - 3.14.1 The Development Officer shall refer any development application for comments to provincial departments, other relevant agencies, or qualified professionals where a proposed development or subdivision is to be located on land considered to be potentially hazardous with respect to: - (a) The potential for flooding up to the 1:500 flood elevation such as low-lying areas and those in proximity to Russell Creek, Notukeu Creek, and any other watercourse or water body, as demonstrated by Exhibit B of the OCP; - (b) The potential for slope instability; or - (C) The potential for groundwater or aquifer contamination. - 3.14.2 The Development Officer or Council may require the applicant to submit a report prepared by a qualified professional in accordance with the OCP (s. 5.2.5) to assess the suitability of the land for the proposed development or subdivision, as well as identify any required mitigation measures. - 3.14.3 Actions identified in comments and / or a report pursuant to Section 3.14.1 and 3.14.2 may be incorporated as conditions to the issuance of any development permit and may be required to be registered on title as an interest in accordance with The Act. - 3.14.4 Development of new buildings or additions to buildings within the floodway of the 1:500 year flood elevation of any watercourse or water body shall be prohibited. Flood proofing of new development to an elevation of, at minimum, 0.5 metres above the 1:500 year flood elevation shall be required. - 3.14.5 The Development Officer or Council shall refuse a permit for any proposed development for which the proposed actions are inadequate to address the conditions present on the hazard land or that will result in excessive municipal costs. ## 3.15 DEVELOPMENT IN PROXIMITY TO PROVINCIAL HIGHWAYS - 3.15.1 Any proposed development within 90 metres of a provincial highway right-of way requires a roadside development permit from the Ministry of Highways and Infrastructure (MHI). - 3.15.2 Any development, including buildings, trees/shrubs, granaries, dugouts, wells, etc., may be subject to minimum setbacks from a provincial highway. Setbacks vary depending on the highway classification and shall be confirmed through correspondence with MHI. ## 3.15.3 Sight Triangle Any building, structure, earth pile or vegetation in any Zoning District shall not obstruct the vision of drivers and shall not be located within a sight triangle, where the "sight distance" in FIGURE 3 is determined by MHI. ## 3.15.4 Highway Approach The minimum separation distance from a highway approach to the centerline of an intersecting roadway is 90 metres, unless a greater setback is required by MHI. ## 3.16 DEVELOPMENT IN PROXIMITY TO A RAILWAY - 3.16.1 Any proposed development or subdivision within 400 metres of a railway shall require consultation with the Railway Company and MHI. - 3.16.2 The minimum building setback from the railway shall be 30 metres, unless a greater or lesser amount is established by the Railway Company, MHI, or any other provincial agency. - 3.16.3 All development in proximity to a railway shall conform to the recommendations contained within Transport Canada's Standards Respecting Railway Clearances (pursuant to The Railway Safety Act), and other relevant regulations as described in the OCP (s. 4.3.2).  (Source: Government of Saskatchewan) - 3.16.4 As a result of comments received under Section 3.16.1, Council or the Development Officer may require a safety barrier or buffer between the proposed development and the railway. - 3.16.5 As a result of comments received under Section 3.16.1, Council or the Development Officer may require a Traffic Impact Assessment and/or a Noise and Vibration Impact Study to be prepared in support of any development application in proximity to a railway in accordance with Section 2.4.2(e). ## 3.17 DEVELOPMENT IN PROXIMITY TO PIPELINES & TRANSMISSION LINES - 3.17.1 Any proposed development or subdivision involving pipelines or transmission lines shall be sited in accordance with all relevant federal and provincial regulations. Refer to "Land Use Planning for Pipelines publication by Canadian Standards Association (CS) PLUS663". - 3.17.2 The minimum setback from any development to the right-of-way or easement of an existing pipeline or transmission gas line shall be 15 metres, unless a greater setback is required by federal and provincial regulations, or a lesser setback has been granted by the owner of the pipeline. - 3.17.3 Any proposed development or subdivision located within 350 metres of the centreline of any existing pipelines, utilities, or transmission right-of-way shall require consultation from the owner / operator. - 3.17.4 In accordance with The National Energy Board, anyone proposing to conduct a ground disturbance or excavation within 30 metres of the centreline of a pipeline must: - (a) Ascertain whether a pipeline exist; - (b) Notify the pipeline company of the nature and schedule of the excavation; and - (c) Conduct the excavation in accordance with such regulations. ## 3.18 HERITAGE & ARCHAEOLOGICAL RESOURCE MANAGEMENT - 3.18.1 Any proposed development or use that may adversely impact designated heritage properties shall be reviewed and approved in consultation with the provincial ministry or agency responsible for The Heritage Property Act. - 3.18.2 Where a proposed development or subdivision is to be located on potentially heritage sensitive land according to the Heritage Conservation Branch's Developers' Online Screening Tool, the Development Officer shall refer any development application for comments to provincial departments, other relevant agencies, or qualified professionals. - 3.18.3 If it is determined following further screening that a Heritage Resource Impact Assessment (HRIA) be required, it is the responsibility of the developer to have it carried out by a qualified professional under an approved investigation permit. The study shall meet the requirements of the Heritage Conservation Branch and establish: - (a) The presence and location of heritage sites within the project areas; - (b) Suitable mitigation measures to be implemented; - (c) The content, structure, and importance of those heritage sites; and - (d) The need for follow-up investigations. ## 4.0 REGULATIONS FOR SPECIFIC USES ## 4.1 INTENSIVE LIVESTOCK OPERATION (ILO) - 4.1.1 The regulations that follow shall be applied to all of the following: - (a) New ILOs including feedlots and poultry operations that qualify as intensive livestock operations as defined by The Agricultural Operations Act, excluding the temporary confinement of animals over winter; - (b) Expansion of an existing ILO based on the animal unit types in an approved operation as defined by TABLE 1. - 4.1.2 The development permit shall specify the maximum number of animal units as a condition of approval. A new development permit shall be required to expand the number of animal units listed as a condition of the original approval - 4.1.3 ILOs are subject to the minimum separation distances identified in TABLE 2 below. Distances re measured between the livestock building / tacilities and the development or us eparation distances do not apply to residences associated with the ILO. Distances i brackets apply where open liquid manure storage facilities are used or proposed.  | TABLE 1. ANIMAL UNITS Type of Animal | Number That Equals One (1) Animal Unit | Type of Animal | Number That Equals One (1) Animal Unit | |----------------------------------------|------------------------------------------|----------------------------|------------------------------------------| | POULTRY | | HORSES | | | Hens, cockerels, capons | 100 | Colts or ponies | 2 | | Chicks, broler chickens | 200 | Other than colts or ponies | 1 | | Turkeys, geese ducks | 50 | Donkeys or mules | 1 | | HOGS | | BISON | | | Boards or sows | 3 | Cows or bulls | 1 | | Gilts | 4 | Calves | 4 | | Feeder pigs | 6 | FALLOW DEER | | | Weanling pigs | 20 | Fallow deer | 8 | | SHEEP | | Fallow deer fawns | 32 | | Rams or ewes | 7 | DOMESTIC INDIGENOUS | | | Lambs | 14 | Elk | 5 | | Goats | 7 | Elk calves | 20 | | CATTLE | | White-tailed deer | 8 | | Cows or bulls | 1 | White-tailed deer fawns | 32 | | Feeder cattle | 1.5 | Mule deer | 8 | | Replacement heifers | 2 | Mule deer fawns | 32 | | Calves | 4 | | | - 4.1.4 Council may consider reducing the minimum separation distances in TABLE 2 in consultation with the appropriate provincial ministries or agencies and landowners provided that potential threats and nuisances to the development or use are mitigated to an acceptable level. - 4.1.5 The Development Officer or Council may require professional validation or a detailed study that demonstrates the suitability of the land, and that negative environmental impacts, such as groundwater or aquifer contamination, will be limited. - 4.1.6 The Development Officer or Council may require professional validation or a detailed study to demonstrate that the water supply is sufficient for the proposed ILO and that the supply of neighbouring developments will not be adversely affected. - 4.1.7 In addition to complying with the requirements contained herein, all ILOs shall conform to the regulations provided within The Agricultural Operations Act, 1995. | TABLE 2. MINIMUM SEPARATION DISTANCES FOR ILOS | TABLE 2. MINIMUM SEPARATION DISTANCES FOR ILOS | TABLE 2. MINIMUM SEPARATION DISTANCES FOR ILOS | TABLE 2. MINIMUM SEPARATION DISTANCES FOR ILOS | TABLE 2. MINIMUM SEPARATION DISTANCES FOR ILOS | TABLE 2. MINIMUM SEPARATION DISTANCES FOR ILOS | |----------------------------------------------------------------------------------------------|--------------------------------------------------|--------------------------------------------------|--------------------------------------------------|--------------------------------------------------|--------------------------------------------------| | Development or Use | 100-299 | | 300-499 500-1999 | 2000-5000 | > 5000 | | | Minimum Separation Distance (m) | Minimum Separation Distance (m) | Minimum Separation Distance (m) | Minimum Separation Distance (m) | Minimum Separation Distance (m) | | Neighbouring Residence (not the ILO owner); campground; or tourist accommodation | 300 (450) | 400 (600) | 800 (1,200) | 1,200 (1,600) | 1,600 (2,000) | | Multi-parcel subdivision of 3 lots or more; Hamlet; Urban Municipality with < 100 population | 400 (600) | 800 (1,200) | 1,200 (1,600) | 1,600 (2,400) | 2,000 (2,400) | | Urban Municipality with 100-500 population | 800 (1,200) | 1,200 (1,600) | 1,600 (2,000) | 2,400 (2,400) | 2,400 (2,400) | ## 4.2 RESOURCE EXPLORATION & DEVELOPMENT (OIL & GAS, SAND & GRAVEL, AND MINERALS) - 4.2.1 Resource exploration development operations, including mineral resources, oil and gas, and sand and gravel, shall be subject to all federal and provincial regulations and the RM shall be provided with a copy of all required licenses, permits, and approvals. - 4.2.2 The Development Officer or Council may require professional validation or a detailed study that demonstrates the suitability of the land, and that negative environmental impacts, such as groundwater or aquifer contamination, will be adequately mitigated. - 4.2.3 No resource exploration and development operation shall be located on hazardous or environmentally sensitive lands, or below the water table unless, through consultation with the appropriate provincial department or agency, such lands can be adequately protected through mitigation measures outlined by a professional study. - 4.2.4 Residential uses shall be setback a minimum: - (a) 500 metres from any mineral or oil and gas resource operation. - (b) 100 metres from any sand and gravel operation. - (c) A reduced minimum setback than those specified in Sections 4.2.4.a and 4.2.4.b above may be approved at Council's discretion, and in consultation with the appropriate provincial ministries or agencies and landowners, provided that potential threats and nuisances to the residential use are mitigated. - 4.2.5 All other minimum setbacks from resource exploration and development operations to roadways, other developments and uses, and environmental areas shall be determined in consultation with the appropriate provincial department or agency. - 4.2.6 Land use incompatibility, threats to public safety, dust, noise, nuisance and pollution shall be minimized by the use of appropriate routes, fencing, signage, buffers, screening and hours of operation. - 4.2.7 All resource exploration and development operations shall have efficient hauling routes and may require a road maintenance agreement in accordance with The Municipalities Act and Section 3.7.3 of this Bylaw. - 4.2.8 The site of the resource exploration and development operations shall be kept in tidy and organized condition free from rubbish and debris. - 4.2.9 The Development Officer or Council may require an emergency management plan to ensure the development will be operated safely. - 4.2.10 The restoration of the site shall commence immediately upon termination of the operation. Progressive restoration should be required, where possible. The Development Officer or Council may require a reclamation plan to ensure proper decommissioning and restoration of the lands to its natural condition following discontinuation or abandonment of the operation. - 4.2.11 The Development Officer or Council may apply specific development standards or conditions to the development permit for resource exploration and development regarding: - (a) Access, circulation, and parking; - (b) Fencing, screening, signage, fire suppression and other safety measures; - (c) Stormwater management, drainage, erosion and sediment control; - (d) Development phasing; - (e) Site restoration; and - (f) Any other matters deemed necessary to satisfy the requirements of the OCP and this Bylaw, including the development application evaluation criteria in Section 2.6. - 4.2.12 Resource exploration and development operations that are inactive for a period of greater than 12 consecutive months shall require a new development permit. ## 4.3 FARM & HOME-BASED BUSINESSES - 4.3.1 The home or farm-based business shall clearly be accessory to the use of a farmstead as an agricultural operation or the dwelling unit as a private residence. A development permit shall be required if in the opinion of the Development Officer or Council, a home or farm-based business is or grows to be too large or intensive to be considered accessory. - 4.3.2 If the property where the home or farm-based business is located is not owned by the business owner, then a letter from the property owner to the Development Officer authorizing the operation of the business is required. - 4.3.3 Adjacent properties shall not be disturbed by any nuisance generated by the farm or homebased business such as dust, noise, light, odour, smoke, or substantially more traffic than would typically be associated with the principal use or dwelling unit. - 4.3.4 Signs for the farm or home-based business shall be subject to Section 3.6 of this Bylaw. - 4.3.5 The Development Officer or Council may apply specific development standards or conditions to the development permit for a home-based business regarding: - (a) The size of the operation; - (b) The hours of operation; - (C) The number employees or customers permitted at any given time; and - (d) Any other matters deemed necessary to satisfy the requirements of the OCP and this Bylaw. ## 4.4 SECONDARY SUITES - 4.4.1 A secondary suite shall be considered if accessory to a principal, single-detached dwelling as one of the following types as demonstrated in FIGURE 4; - (a) Basement suite; - (b) Second floor suite; - (c) Garden suite; or - (d) Garage suite; - 4.4.2 Secondary suites that are accessory to semidetached dwellings, multi-unit housing, or to mobile or RTM homes may be considered at the discretion of Council. - 4.4.3 Secondary suites must have a separate entrance from the principal dwelling either from a common indoor landing or directly from the exterior of the building. - 4.4.4 Secondary suites must contain cooking, eating, living, sleeping, and private sanitary facilities. ## FIGURE 4. TYPES OF SECONDARY SUITES  - 4.4.5 Secondary suites must be connected to utilities and services that are of a standard typical to a principal dwelling. ## 4.5 MOBILE, READY-TO-MOVE (RTM), & MODULAR HOUSING - 4.5.1 Wherever a dwelling is allowed, it may be in the form of a mobile, ready-to-move (RTM), or modular home provided that it bears the appropriate CSA certification. - 4.5.2 All development applications for mobile, RTM and modular housing types shall include a recent photo of the dwelling to ensure it is of suitable standard and quality. ## 4.6 COMMERCIAL & INDUSTRIAL DEVELOPMENT - 4.6.1 Any required services or utilities shall be of suitable standard and sufficient capacity to meet the needs of the proposed development. - 4.6.2 Adjacent properties shall not be unduly disturbed by any nuisance generated by the development such as dust, noise, light, odour, or smoke. - 4.6.3 Signs for commercial and industrial development shall be subject to Section 3.6 of this Bylaw. - The Development Officer or Council may require professional validation or a detailed study that demonstrates the suitability of the land for the proposed use and that negative environmental impacts will be limited. - 4.6.5 The Development Officer or Council may apply specific development standards or conditions to the development permit for commercial or industrial development to satisfy the development application evaluation criteria in Section 2.6 of this Bylaw. ## 4.7 CAMPGROUND & RECREATION VEHICLE (RV) PARK - 4.7.1 In accordance with Section 2.4.2(d), any application for a campground or RV park shall include a Site Plan that demonstrates the layout and location sites, roadways, parking areas, buildings, utilities, and anything else identified by the Development Officer or Council. - 4.7.2 A campground or RV park may include the following accessory uses: - (a) Laundromat - (b) Washroom / shower facilities - (c) Confectionary - (d) Swimming pool - (e) Other recreational uses - (f) Accommodations for the owner and / or operator(s) of the campground or RV park - A campground or RV park shall have within its boundaries, a buffer area abutting the boundary of the site of not less than 4.5 meters which shall contain no buildings. - 4.7.4 The areas of each campsite or RV site shall be clearly demarcated and shall not be located within a required buffer area or roadway. - 4.7.5 All sites shall be served by an internal all-weather roadway of at least 7.5 meters in width. - 4.7.6 The development and operations of the campground or RV park shall comply with The Public Health Act and any other relevant provincial or federal legislation. - 4.7.7 The owner or operator of the campground or RV park shall be required to obtain all necessary licensing in accordance with The Public Accommodations Regulations of Saskatchewan. ## 4.8 CANNABIS - 4.8.1 The development and operation of a Cannabis Production Facility or Cannabis Retail Shop shall comply with all federal and provincial regulations and the RM shall be provided with a copy of all required licenses, permits, and approvals. - 4.8.2 Applicants shall provide a detailed written statement explaining how their proposal will meet or exceed Health Canada regulations related to ventilation and to security. - 4.8.3 Any potential nuisances including but not limiting to noise, light, smell, traffic, or dust shall be disclosed to the RM with a plan to mitigate all nuisances to an acceptable level. ## 4.9 SOLAR ENERGY - 4.9.1 A Private Solar Energy System shall be permitted as accessory to an existing principal use provided that the system: - (a) Is located on the same site as the principal use; - (b) Is used solely to produce electricity for uses on the same site, including net metering; - (c) Is suitably installed and structurally secured according to the manufacturer's or professional engineer's certificate of structural safety; and - (d) Complies with all regulations and standards of this Bylaw and any applicable provincial - 4.9.2 A Commercial Solar Energy System shall be considered as a principal use only and is subject to the following regulations: - (a) The size and location of the commercial energy system shall not inordinately remove natural vegetation and productive agricultural lands, or detract from the amenity of the area. - (b) Any potential nuisance including but not limited to noise, light, glare, or dust shall be disclosed to the RM with a plan to mitigate all nuisances to an acceptable level. - (C) Council may require professional validation or a detailed study that demonstrates the suitability of the land for the proposed use and that negative environmental impacts will be limited or mitigated to an acceptable level. - (d) Council may require the decommissioning, removal, and restoration of the lands to its natural condition if the solar energy system becomes defective or abandoned. - (e) The development and operation of a commercial solar energy system shall comply with all federal and provincial regulations and the RM shall be provided with a copy of all required licenses, permits, and approvals. ## 4.10 WIND ENERGY - 4.10.1 Any application for a proposed Private or Commercial Wind Energy System shall be forwarded to the Ministry of Environment for comments. - 4.10.2 A Private Wind Energy System shall be permitted as accessory to an existing principal use provided that the system: - (a) Is located on the same site as the principal use; and - (b) Complies with all other regulations and standards of this Bylaw. - 4.10.3 A Commercial Wind Energy System (Wind Farm) shall only be permitted as a principal use provided that the system: - (a) Is not located on hazardous or environmentally sensitive lands. - (b) Does not inordinately remove natural vegetation and productive agricultural lands, or detract from the amenity of the area; and - (c) Complies with all regulations and standards of this Bylaw. - 4.10.4 The Development Officer or Council may require professional validation or a detailed study that demonstrates the wind turbine's structural integrity, the suitability of the land, and that negative environmental impacts and risks to public safety will be limited or mitigated to an acceptable level. - 4.10.5 The minimum setbacks for wind turbines shall be determined through consultations or studies by the province or qualified agencies in consideration of public safety and the physical and environmental surroundings. - 4.10.6 Any potential nuisance including but not limited to noise, light, glare, or dust shall be disclosed to the RM with a plan to mitigate all nuisances to an acceptable level. - 4.10.7 Council may require the decommissioning, removal, and restoration of the lands to its natural condition if the wind energy system becomes defective or abandoned. - 4.10.8 The development and operation of a wind farm shall comply with all federal and provincial regulations and the RM shall be provided with a copy of all required licenses, permits, and approvals. ## 4.11 COMMUNICATION TOWER - 4.11.1 The development and operation of a communication tower shall comply with all federal and provincial regulations and the RM shall be provided with a copy of all required licenses, permits, and approvals. - 4.11.2 The communication tower shall not be illuminated unless required by Transport Canada regulations and except for the manufacturer's logo or for safety purposes, shall not display any signage. - 4.11.3 The Development Officer or Council may require professional validation or a detailed study that demonstrates the tower's structural integrity, the suitability of the land, and that negative environmental impacts will be limited or mitigated to an acceptable level. ## 4.12 PRIVATE AIRSTRIPS - 4.12.1 Private airstrips may be considered in the Agricultural-Resource District provided that the site is of sufficient area and the application for a development permit complies with Section 4.12.2 and all requirements of this Bylaw. - 4.12.2 The development and operation of a private air strip shall comply with all federal and provincial regulations, including The Canadian Aviation Regulations, and the RM shall be provided with a copy of all required licenses, permits, and approvals. ## 4.13 PUBLIC UTILITIES & MUNICIPAL FACILITIES - 4.13.1 Public utilities and municipal facilities shall be permitted in every district with the exception of solid and liquid waste disposal facilities. - 4.13.2 Public utilities and municipal facilities shall not be subject to any site area or yard requirements, unless otherwise specified by this Bylaw. - 4.13.3 Specific development standards such as minimum yard setbacks may be established, at Council's discretion, to protect existing or planned investments in public utilities and municipal facilities. ## 4.14 SOLID & LIQUID WASTE DISPOSAL FACILITIES - 4.14.1 The disposal facility shall have direct access to an adjacent all-weather road. - 4.14.2 The disposal facility shall be fenced and may require additional buffers such as trees, shrubs or a berm. - 4.14.3 The location and design of the facility shall take into consideration the direction of prevailing winds and the impact or nuisance to nearby properties. - 4.14.4 The disposal facility location shall be located a minimum 457 metres from any new residential development or 300 metres for any existing residential use. Council may consider a reduced setback of 300 metres in rare circumstances where no other option exists and all potential nuisances are sufficiently mitigated to the satisfaction of Council. - 4.14.5 Development and operation of the facility shall comply with all provincial environmental and health regulations and the RM shall be provided with a copy of all required licenses, permits, and approvals. - 4.14.6 Council may require professional validation or a detailed study that demonstrates the suitability of the land, and that negative environmental impacts, such as groundwater or aquifer contamination, will be limited or mitigated to an acceptable level. ## 5.0 ZONING DISTRICTS ## 5.1 CLASSIFICATION OF ZONING DISTRICTS For the purpose of this Zoning Bylaw, the RM of Whiska Creek No. 106 is divided into the following Zoning Districts, which may be referred to by their corresponding symbols in | TABLE 3. ZONING DISTRICTS Zoning District | Symbol | |---------------------------------------------|----------| | Agricultural-Resource | AR | | Rural Residential | RR | | Light Industrial-Commercial | M1 | | Hamlet | HL | | Environmental Conservation | EC | ## 5.2 THE ZONING DISTRICT MAP The map enclosed herein as Exhibit B, adopted by Council and signed by the Reeve and Administrator, and under the seal of the RM of Whiska Creek No. 106 shall be known as the RM of Whiska Creek Zoning District Map and is an integral part of this Bylaw. The Zoning District Map identifies the Zoning District that applies to every parcel of land within the RM boundaries. ## 5.3 BOUNDARIES OF ZONING DISTRICTS - 5.3.1 The boundaries of the Zoning Districts referred to in this Bylaw, together with an explanatory legend and notations, are shown on the Zoning District Map. - 5.3.2 Unless otherwise shown, the boundaries of the Zoning Districts are site lines, centre lines of streets, lanes, road allowances or such lines extended, and the boundaries of the RM. ## 5.4 ZONING DISTRICT SCHEDULES - 5.4.1 The uses or forms of development allowed within a Zoning District, along with regulations or standards which apply, are contained in the district schedules that follow. ## 6.0 AGRICULTURAL-RESOURCE (AR) ## 6.1 INTENT The intent of the Agricultural-Resource (AR) Zoning District is primarily to accommodate agriculture and related uses. Other compatible uses will be accommodated that support a rural lifestyle and economy. The AR Zoning District will also provide for the responsible exploration and extraction of resources, where present. ## 6.2 PERMITTED & DISCRETIONARY USES ## 6.2.1 PERMITTED USES The Development Officer shall consider a development permit for the following uses subject to the application process in Section 2.0 of this Bylaw: ## (a) Agricultural-Resource - i. Field crops, pastures for the raising of animals and poultry, beehives, grazing, ranching, and other similar uses customarily carried out in the field of general agriculture excluding intensive livestock operations subject to Section 4.1 and all other uses listed as discretionary under Section 6.2.2. - i. A farmstead including one single-detached farm dwelling that is associated with the agricultural operation (including modular or RTM homes). - ii. Gas and oil wells and related processing facilities subject to Section 4.2. - iii. Mineral resource development operations subject to Section 4.2. - iv. Sand and gravel development operations subject to Section 4.2. ## (b) Residential - One (1) single-detached farm or non-farm dwelling. ## (c) Agricultural Related Commercial / Industrial - i. The sale of any produce grown or raised on the agricultural operation excluding those uses listed as discretionary under Section 6.2.2. - ii. On-farm product processing. ## (d) Institutional, Recreational, Other - i. Institutional uses including schools, places of worship, cemeteries, and municipal facilities. - ii. Wildlife, wildfowl, and native grasslands habitat and conservation management. - iv. Nature trails or other passive recreational uses (non-commercial). - iii. Historical and archaeological sites. - V. Public utilities, excluding solid and liquid waste disposal sites subject to Section 4.13. - vi. Communal settlements. ## (e) Accessory - i. Home or farm-based business including a bed & breakfast subject to Section 4.3. - ii. One secondary suite (all types) subject to Section 4.4. - ili. Other customarily accessory buildings, structures, and uses, excluding a dwelling, subject to Section 3.4. ## 6.2.2 DISCRETIONARY USES Council shall consider a development permit for the following uses subject to the application process in Section 2.0 of this Bylaw: ## (b) Agricultural - i. New ILOs including feedlots and poultry operations as defined by The Agricultural Operations Act, excluding the temporary confinement of animals over winter, subject to Section 4.1. - ii. Abattoirs, feedlots, and poultry operations (including retail meat sales outlets). - iii. Tree and garden nurseries, market gardens, and green housing. - iv. Apiaries, hatcheries, and mushroom farms. - v. Licensed cannabis production facilities subject to Section 4.8. ## (c) Residential - i. More than one (1) accessory farm dwelling(s) on a farmstead that are associated with an agricultural operation. ## (d) Commercial / Industrial - i. Agriculture equipment, fuel, and chemical supply and service. - i. Breeding or boarding kennel. - ii. Bulk fertilizer processing, storage, and distribution. - i. Event centres, commercial recreation uses, and other rural tourism uses. - ii. Grain terminals, elevators, and related uses. - ili. Storage yard or stockyard. - iv. Work camp. ## (e) Other - i. Campground and RV park subject to Section 4.7. - ii. Commercial solar energy system subject to Section 4.9.2. - iii. Commercial wind energy system subject to Section 4.10.3. - iv. Private airstrips subject to Section 4.12 - v. Solid and liquid waste disposal sites subject to Section 4.14. ## 6.3 DEVELOPMENT STANDARDS ## 6.3.1 ## (a) Agricultural - i. The minimum site area constituting an agricultural operation or agricultural holding shall be one quarter section or equivalent. Equivalent shall mean 64 hectares (158 acres) or such lesser amount as remains because of the original township survey, road widening, road right-of-way or railway plans, drainage ditch, pipeline or transmission line development, natural features such as water courses or water bodies, or as a result of subdivision as permitted herein. 2. A reduced site area below 64 hectares may be permitted at Council's discretion for the purpose of farmland consolidation, estate planning settlement, farm debt restructuring, topographical or physical limitations, as a result of subdivision permitted herein, or where legitimate agricultural uses require a lesser amount. ## (b) Non-Agricultural Subdivisions - i. Including the subdivision of an initial farm-dwelling, two (2) subdivision for a nonagricultural use will be allowed per quarter section provided it complies with all Sections of this Bylaw. ## (c) Access and Services - i. All subdivisions shall be adequately serviced to municipal and provincial standards. - ii. All uses shall have adequate access and egress to the municipal or provincial road 3. All parcels created as a result of a proposed subdivision, including the remainder, shall abut or have frontage on a registered road. 4. The applicant of a proposed development or subdivision shall be responsible for the costs of providing any required new or upgraded municipal services and / or ## 6.3.2 SITE SIZE REQUIREMENTS FOR SPECIFIC USES - (a) Agricultural Uses: Minimum 16 hectares (40 acres) - (b) Non-farm Residential: Minimum 1.01 hectares (2.5 acres) Maximum 8.01 hectares (20 acres)* - (C) Commercial / Industrial Uses: Minimum 1.01 hectares (2.5 acres) Maximum 8.01 hectares (20 acres)* - (d) All Other Uses: No minimum *A greater site size may be permitted, at Council or the Development Officer's discretion, due to existing physical circumstances or legitimate needs provided that it does not remove an inordinate amount of productive agricultural land. ## 6.3.3 SITE FRONTAGE AND SETBACK REQUIREMENTS ## (a) Site Frontage All sites shall have a minimum site frontage of 45 metres (150 feet). ## (b) Front Yard or Centreline Setback All buildings and structures (excluding fences) shall have a minimum 45 metres (150 feet) setback from the centreline of any public road including an undeveloped road allowance, unless a greater distance is required by the Ministry of Highways and Infrastructure. ## (c) Side or Rear Yard Setback to Property Line All buildings and structures (excluding fences) shall have a minimum 6 metres (20 feet) setback from any side or rear site line that does not abut a public road including an undeveloped road allowance. ## 6.3.4 STANDARDS FOR DISCRETIONARY USES Council will consider development permit applications for discretionary uses in the AR Zoning District with respect to the intent, uses, and development standards of this schedule and may apply conditions designed to achieve them: - (a) The Development Application Evaluation Criteria in Section 2.6; - (b) Any relevant General Regulations in Section 3.0; - (c) Any relevant Regulations for Specific Uses in Section 4.0; and - (d) The Vision, Principles, Objectives and Policies of the OCP. ## 7.0 RURAL RESIDENTIAL (RR) ## 7.1 INTENT The intent of the Rural Residential (RR) Zoning District is to provide opportunities for the subdivision and development of multiple non-farm dwellings in appropriate locations that are highly accessible and serviceable such as the Urban Transition Areas. ## 7.2 PERMITTED & DISCRETIONARY USES ## 7.2.1 PERMITTED USES The Development Officer shall consider a development permit for the following uses subject to the application process in Section 2.0 of this Bylaw: ## (a) Residential - i. One (1) single-detached farm or non-farm dwelling. ## (b) Institutional, Recreational, Other - i. Institutional uses including schools, places of worship, cemeteries, and municipal facilities. - ii. Wildlife, wildfowl, and native grasslands habitat and conservation management. - iii. Historical and archaeological sites. - iv. Nature trails or other passive recreational uses (non-commercial). - V. Public utilities, excluding solid and liquid waste disposal sites subject to Section 4.13. ## (C) Accessory - i. Farm or home-based business subject to Section 4.3. - iii. Other customarily accessory buildings, structures, and uses, excluding a dwelling, subject to Section 3.4. - il. One secondary suite (all types) subject to Section 4.4. ## 7.2.2 DISCRETIONARY USES Council shall consider a development permit for the following uses subject to the application process in Section 2.0 of this Bylaw: ## (a) Residential iv. More than one (1) secondary suite (all types) subject to Section 4.4. ## (b) Commercial / Industrial - Event centres and other rural tourism uses. - ii. Commercial recreation use. - ili. Breeding or boarding kennel. ## 7.3 DEVELOPMENT STANDARDS ## 7.3.1 SUBDIVISION ## (a) Multiple-Lot Subdivisions Subdivisions of three (3) to five (5) sites per quarter section for non-agricultural uses shall be permitted. Additional sites may be considered by resolution of Council (discretionary use approval) and may require a Concept Plan and or Supporting Studies / Technical Investigations. ## (b) Access and Services - i. All subdivisions shall be adequately serviced to municipal and provincial standards. - ii. All uses shall have adequate access and egress to the municipal or provincial road - iii. All parcels created as a result of a proposed subdivision, including the remainder, shall abut or have frontage on a registered road. 4. The applicant of a proposed development or subdivision shall be responsible for the costs of providing any required new or upgraded municipal services and / or ## 7.3.2 SITE SIZE REQUIREMENTS FOR SPECIFIC USES - (a) Non-farm Residential: - (e) Commercial / Industrial Uses: - (b) All Other Uses: Maximum 4.05 hectares (10 acres)* Minimum 1.01 hectares (2.5 acres) Maximum 8.01 hectares (20 acres)* No minimum *A greater site size may be permitted, at Council's discretion, due to existing physical circumstances or legitimate needs provided that it does not remove an inordinate amount of productive agricultural land. ## 7.3.3 SITE FRONTAGE AND SETBACK REQUIREMENTS ## (a) Site Frontage All sites shall have a minimum site frontage of 30 metres (100 feet). ## (b) Front Yard or Centreline Setback All buildings and structures (excluding fences) shall have a: - i. Minimum 15 metres (50 feet) setback to an internal subdivision road. - ii. Minimum 30 metres (100 feet) setback to a public road allowance unless a greater distance is required by the Ministry of Highways and Infrastructure. A reduced setback may be permitted, at Council's discretion, if compliance would be impractical or too costly and the reduction is in the public interest. ## (c) Side or Rear Yard Setback to Property Line All buildings and structures (excluding fences) shall have a minimum 6 metres (20 feet) setback from any side or rear site line that does not abut a public road allowance unless a greater distance is required by the Ministry of Highways and Infrastructure. ## 7.3.4 STANDARDS FOR DISCRETIONARY USES - (a) The Development Application Evaluation Criteria in Section 2.6; Council will consider development permit applications for discretionary uses in the RR Zoning District with respect to the intent, uses, and development standards of this schedule and may apply conditions designed to achieve them: - (b) Any relevant General Regulations in Section 3.0; - (c) Any relevant Regulations for Specific Uses in Section 4.0; and - (d) The Vision, Principles, Objectives and Policies of the OCP. ## 8.0 LIGHT INDUSTRIAL-COMMERCIAL (M1) ## 8.1 INTENT The intent of the Light Industrial-Commercial (M1) Zoning District is to provide for the development of a wide variety and intensity of commercial and industrial land uses. Residential uses will generally be avoided, except when secondary to a principal commercial or industrial use. ## 8.2 PERMITTED & DISCRETIONARY USES ## 8.2.1 PERMITTED USES The Development Officer shall consider a development permit for the following uses subject to the application process in Section 2.0 of this Bylaw: - (b) Commercial nurseries or greenhouses, including retail. - (a) Agriculture equipment, fuel, and chemical supply and service. - (c) Motor vehicle sales and service establishments. - (d) Service station and gas bars. - (e) Hotels and motels. - (f) Garden centres and commercial greenhouses. - (g) Public and commercial recreational establishments (fitness gyms, arcades, etc.). - (h) Restaurants, cafes, bakeries, and other similar uses. - (i) Microbrewery, distillery, or winery. - (i) Cannabis retail store subject to Section 4.8. ## (k) Accessory - Customarily accessory buildings, structures, and uses, excluding a dwelling, subject ## 8.2.2 DISCRETIONARY USES Council shall consider a development permit for the following uses subject to the application process in Section 2.0 of this Bylaw: - (a) Major agricultural product processing including but not limited to, seed cleaning or packaging plants - (b) Grain storage and elevators. - (c) Meat processing plants and abattoirs. - (e) Recycling and collection depots. - (d) Manufacturing or processing of goods or materials excluding hazardous products. - (f) Contractors' and storage yards. - (g) Commercial greenhouses. - (h) Storage facilities, warehousing, supply and distribution facilities. - (i) Cannabis production facilities subject to Section 4.8. ## 8.3 DEVELOPMENT STANDARDS ## 8.3.1 SUBDIVISION ## (a) Multiple-Lot Subdivisions - i. Multiple-lot subdivisions shall be discretionary and may require a Concept Plan and or Supporting Studies / Technical Investigations. ## (b) Access and Services - i. All subdivisions shall be adequately serviced to municipal and provincial standards. - ii. All uses shall have adequate access and egress to the municipal or provincial road system. - iii. All parcels created as a result of a proposed subdivision, including the remainder, shall abut or have frontage on a registered road. - iv. The applicant of a proposed development or subdivision shall be responsible for the costs of providing any required new or upgraded municipal services and / or roads. ## 8.3.2 SITE SIZE REQUIREMENTS FOR SPECIFIC USES (a) Commercial / Industrial Uses: (b) All Other Uses: Minimum 1,000 m2 (0.25 acre) Maximum 16 hectares (40 acres)* No minimum *A greater site size may be permitted, at Council's discretion, due to existing physical circumstances or legitimate needs provided that it does not remove an inordinate amount of productive agricultural land ## 8.3.3 SITE FRONTAGE AND SETBACK REQUIREMENTS ## (a) Site Frontage All sites shall have a minimum site frontage of 30 metres (100 feet). ## (b) Front Yard Setback All buildings and structures (excluding fences) shall have a minimum 6.0 metres (20 feet) setback from a front site line that does not abut a provincial highway. ## (c) Side or Rear Yard All buildings and structures (excluding fences) shall have a minimum 3.0 metres (10 feet) from any side or rear site line that does not abut a provincial highway. ## (d) Centreline Setback All buildings, dwellings, and structures (excluding fences) shall have a minimum 45 metres (150 feet) setback from the centreline of a provincial highway, unless a greater distance is required by the Ministry of Highways and Infrastructure. ## 8.3.4 STANDARDS FOR DISCRETIONARY USES Council will consider development permit applications for discretionary uses in the M1 Zoning District with respect to the intent, uses, and development standards of this schedule and may apply conditions designed to achieve them: - (a) The Development Application Evaluation Criteria in Section 2.6; - (b) Any relevant General Regulations in Section 3.0; - (c) Any relevant Regulations for Specific Uses in Section 4.0; and - (d) The Vision, Principles, Objectives and Policies of the OCP. ## 9.0 HAMLET (HL) ## 9.1 INTENT The intent of the Hamlet (HL) Zoning District is to regulate development within the Hamlet of Pambrun to retain and enhance the character and amenity of the area in alignment with the policies of the OCP. Higher density residential development and most commercial uses are listed as discretionary to ensure they are designed and located to be compatible with their surroundings. ## 9.2 PERMITTED & DISCRETIONARY USES ## 9.2.1 PERMITTED USES The Development Officer shall consider a development permit for the following uses subject to the application process in Section 2.0 of this Bylaw: ## (a) Residential - i. One (1) single-detached dwelling. - ii. One two-unit dwelling including a semi-detached or duplex dwelling. ## (b) Commercial - i. Confectionary or convenience stores. - ii. Retail services and personal service establishments. - iii. Restaurants, cafes, bakeries, and other similar uses. ## (c) Institutional, Recreational, Other - i. Institutional uses including schools, daycares, places of worship, cemeteries, and municipal facilities. - ii. Parks, sports fields, and playgrounds. - iii. Public utilities, excluding solid and liquid waste disposal sites. - iv. Historical and archaeological sites. - v. Wildlife and conservation management areas. - vi. Nature trails or other passive recreational uses (non-commercial). ## (d) Accessory - i. Home-based business subject to Section 4.3. - ii. Other customarily accessory buildings, structures, and uses, excluding a dwelling, subject to Section 3.4. ## 9.2.2 DISCRETIONARY USES Council shall consider a development permit for the following uses subject to the application process in Section 2.0 of this Bylaw: ## (b) Commercial - i. Grain elevators. - ii. Hotels and motels. - iii. Financial services. - iv. Medical, dental, & other health care clinics. - V. Business & professional offices. 6. Vi. Art studios and galleries. - vii. Public and commercial recreational establishments (fitness gyms, arcades, etc.). 8. (c) Other - i. Multi-unit dwellings including a triplex, fourplex, townhouse, dwelling group, or apartment building. - ii. Secondary suite (all types) subject to Section 4.4. ## 9.3 DEVELOPMENT STANDARDS ## 9.3.1 SUBDIVISION ## (a) Multiple-Lot Subdivisions - i. Multiple-lot subdivisions shall be discretionary and may require a Concept Plan and or Supporting Studies / Technical Investigations. ## (b) Access and Services - i. All subdivisions shall be adequately serviced to municipal and provincial standards. - ii. All uses shall have adequate access and egress to the municipal or provincial road system. - ili. All parcels created as a result of a proposed subdivision, including the remainder, shall abut or have frontage on a registered road. - iv. The applicant of a proposed development or subdivision shall be responsible for the costs of providing any required new or upgraded municipal services and / or roads. ## 9.3.2 SITE SIZE REQUIREMENTS FOR SPECIFIC USES - (a) Residential Uses: - i. Detached dwelling units: - ii. Semi-detached dwelling units: - (b) All Other Uses: Minimum 360 m2 with a lane. Minimum 450 m2 without a lane. Minimum 255 m2 with a lane (per unit). Minimum 315 m2 without a lane (per unit). No minimum. ## 9.3.3 SITE FRONTAGE AND SETBACK REQUIREMENTS ## (a) Site Frontage All sites shall have a minimum site frontage of 12 metres (39.4 feet) with a lane, or 15 metres (49.2 feet) without a lane. ## (b) Front Yard Setback All buildings, dwellings, and structures (excluding fences) shall have a minimum 4.5 metres (14.8 feet) setback from a front site line that does not about a provincial highway. ## (c) Side or Rear Yard All buildings, dwellings, and structures (excluding fences) shall have a minimum 1.5 metres (4.9 feet) setback from any side or rear site line that does not abut a provincial highway. ## (d) Centreline Setback All buildings, dwellings, and structures (excluding fences) shali have a minimum 45 metres (150 feet) setback from the centreline of any provincial highway, unless a greater distance is required by the Ministry of Highways and Infrastructure. ## 9.3.4 STANDARDS FOR DISCRETIONARY USES Council will consider development permit applications for discretionary uses in the HL Zoning District with respect to the intent, uses, and development standards of this schedule and may apply conditions designed to achieve them: - (a) The Development Application Evaluation Criteria in Section 2.6; - (b) Any relevant General Regulations in Section 3.0; - (c) Any relevant Regulations for Specific Uses in Section 4.0; and - (d) The Vision, Principles, Objectives and Policies of the OCP. ## 10.0 ENVIRONMENTAL CONSERVATION (EC) ## 10.1 INTENT The intent of the Environmental Conservation (EC) Zoning District is to protect environmentally sensitive and ecologically valuable lands. The EC Zoning District may also be applied to hazardous lands, such as those prone to instability, flooding, or in close proximity to hazardous uses. ## 10.2 PERMITTED & DISCRETIONARY USES ## 10.2.1 PERMITTED USES The Development Officer shall consider a development permit for the following uses subject to the application process in Section 2.0 of this Bylaw: - (a) Agricultural uses which will not adversely affect the environmental sensitivity of the area. - (b) Wildlife, wildfowl, and native grassland habitat and conservation management. - (c) Historical and archaeological sites. - (d) Open space, nature trails, or other passive recreational uses (non-commercial). - (e) Public utilities, excluding solid and liquid waste disposal sites. ## (f) Accessory - i. Accessory buildings, structures, and uses, excluding a dwelling, subject to Section 3.4. ## 10.2.2 DISCRETIONARY USES Council shall consider a development permit for the following uses subject to the application process in Section 2.0 of this Bylaw: - (a) Institutional uses including schools, places of worship, cemeteries, and municipal facilities. - (b) Gas and oil wells and related processing facilities subject to Section 4.2. - (c) Mineral resource development operations subject to Section 4.2. - (d) Sand and gravel development operations subject to Section 4.2. ## 10.3 DEVELOPMENT STANDARDS ## 10.3.1 SUBDIVISION - (a) The subdivision of lands within the EC District shall be prohibited. Any subdivision and rezoning to an appropriate zoning district shall require supporting studies / technical investigations that demonstrates that the use can be supported without hindering the environmental integrity and value of the lands. ## 10.3.2 SITE SIZE REQUIREMENTS FOR SPECIFIC USES (a) All Uses: One quarter section (or equivalent) ## 10.3.3 SITE FRONTAGE AND SETBACK REQUIREMENTS - (a) No person shall plant non-native trees or shrubs, or place stone, earth piles, sumps, pits, portable structures, machinery, or other structures or buildings on private property, other than transparent fences, unless legitimately required for the operation of an approved permitted or discretionary use. ## 10.3.4 STANDARDS FOR DISCRETIONARY USES Council will consider development permit applications for discretionary uses in the EC Zoning District with respect to the intent, uses, and development standards of this schedule and may apply conditions designed to achieve them: - (a) The Development Application Evaluation Criteria in Section 2.6; - (b) Any relevant General Regulations in Section 3.0; - (c) Any relevant Regulations for Specific Uses in Section 4.0; and - (d) The Vision, Principles, Objectives and Policies of the OCP. ## EXHIBIT A: DEFINITIONS Whenever the following words or terms are used in this Bylaw and/or the RM of Whiska Creek No. 106 Official Community Plan Bylaw No. 196-2022, they shall have the following meaning unless provided otherwise. ## A Abattoir: A facility for butchering or slaughtering animals, and to dress; cut; inspect; refrigerate; cure; and, manufacture meats and meat by-products. Accessory: A use, building, or structure customarily associated with, incidental to, subordinate to, and located on the same parcel as the principal use, building or structure. Act, The: The Planning and Development Act, 2007 of the Province of Saskatchewan. Adjacent: Contiguous or would be contiguous if not for a river; stream; rail line; road; utility right-ofway; reserve land; and, any other land identified in this Bylaw as adjacent land for the purpose of notification. Administrator: The Administrator of the Rural Municipality of Whiska Creek No. 106 pursuant to The Municipalities Act. Agricultural: The use of land, buildings or structures for the purpose of animal husbandry; fallow; field crops; forestry; market gardening; pasturage; private (non-commercial) greenhouses; and, includes the growing; packing; treating; storing; and, sale of produce produced on the premises and other similar uses customarily carried in the field of general agriculture. Agricultural Operation: As defined in The Agricultural Operations Act. Alteration or Altered: any structural change or addition to a building or structure, including a change from one type of use to another. Animal Husbandry: The rearing, confinement or feeding of poultry, hogs, horses, sheep or cattle on a site, but does not include intensive livestock operations. Animal Unit (A.U.): the number of animals of a particular livestock classification that will excrete 160.9 Ibs (73 kg) of total nitrogen in a 12-month period. Applicant: A developer or person applying for a development permit, subdivision approval or a bylaw amendment. Automobile (Motor Vehicle): A self-propelled passenger vehicle that usually has two (2) to four (4) wheels; an internal combustion engine; alternative energy sources such as electrical, fuel cell or a hybrid of the two; and, is used for land transport. ## B Bed and Breakfast: a dwelling unit, licensed as an itinerant use accommodation under The Public Accommodation Regulations, in which overnight accommodation within the dwelling unit, along with one meal served before noon, is provided to the travelling public for a charge. Buffer: A strip of land, vegetation, or land use that physically separates two (2) or more different land uses. Building: A structure constructed on, in or over land and used for the shelter or accommodation of persons; animals; goods; or, chattels, and includes any structure covered by a roof supported by walls or columns. Building, Accessory: A subordinate building detached from a principal building, located on the same site, the purpose of which is to enclose a use accessory to or part of the principal use. Building, Principal: A building within which the principal use of the parcel is housed or conducted. Building Bylaw: A bylaw of the RM of Whiska Creek No. 106 to regulate the erection; alteration; repair; occupancy; or, maintenance of buildings and structures. Building Height: The height of a building according to Section 3.5 of this Bylaw. Building Permit: A permit issued under the Building Bylaw of the RM of Whiska Creek No. 106, authorizing the construction of all or part of any building or structure, and does not include a Development Permit. ## C Campground: An area used for a range of overnight camping experiences, from tenting to serviced RV sites, including accessory facilities which support the use, such as administration offices and laundry facilities, though not including the use of mobile homes or trailers on a permanent yearround basis. Cannabis Production Facility: a federally licensed facility for the growing of cannabis plants and harvesting of product from those plants where all plant growth activities are carried out indoors. Cannabis Retail Shop: A retail business operating from a storefront location authorized by The Cannabis Control Act selling any part of the cannabis plant, processed or unprocessed, including any derivative, concentrate or edible product originating from the cannabis plant. Carport: A building or structure or part thereof, where the majority of the perimeter is open and unobstructed by a wall; door; post; or, pier, and which is used for the parking or storage of motor vehicles. Cemetery: Property used for the internment of the dead and may include facilities for the storage of ashes of human remains that have been cremated. Commercial Use: The use of land, building(s), or structure(s) for the purpose of buying and selling commodities, and supplying professional and personal services for compensation. Communal Settlement: Settlements, including potential groups of buildings for agricultural, educational, living, and other shared purposes. Communication Tower: A structure situated on a non-residential site that is intended for transmitting or receiving television, radio or cellular communications, excluding those used exclusively for dispatch communications. Community Facility: Building or facilities used for recreational; social; educational; or, cultural activities and that are owned by a municipal corporation, non-profit corporation or other non-profit organization. Compatible: As defined in The Statements of Provincial Interest Regulations. Condominium: Land, buildings and units including private and common property as defined under The Condominium Property Act, 1993. Condominium Unit: A division of land or building as defined in The Condominium Property Act, 1993. Confectionary or Convenience Store: The store offering for sale primarily food products; beverages; personal care items; hardware; and, printed matter and which primarily provides convenient day-to-day services to residents and visitors of the area. Conservation: The planning, management and implementation of an activity with the objective of protecting the essential physical, chemical and biological characteristics of the environment. Council: The elected Council of the RM of Whiska Creek No. 106. Cultural Resource: As defined in The Statements of Provincial Interest Regulations. D Daycare Centre: An establishment providing for the care, supervision and protection of children, adults, or seniors, though does not include the provision of overnight supervision. Decommissioning: The final shutting down, dismantling and removal of any infrastructure or development once it has reached the end of its operation life. Demolition Permit: A permit issued for the removal or dismantling of a building or structure within the R.M. boundaries as prescribed under the Uniform Building and Accessibility Standards Act. Development: The carrying out of any building, engineering, mining or other operations, in, on, or over land, or the making of any material change in the use or the intensity of the use of any building Development Officer: A person appointed by the R.M. Council to act as a Development Officer to administer this Bylaw. Development Permit: A document issued by the RM of Whiska Creek No. 106 that authorizes development pursuant to this Bylaw, and does not include a Building Permit. Driveway: The portion of a parcel used to provide vehicular access from a road to a parking space or to an off-road parking or loading area located on the same parcel. Dwelling: A building or part of a building intended for residential occupancy. Dwelling, Farm: An approved one-unit dwelling that is legitimately tied to an agricultural operation. Dwelling, Mobile (Manufactured): A structure built on a deformation resistant frame or metal chassis that is defined in the Canadian Standards Association (CSA) and bears a CSA seal attesting that the structure complies with the #Z240 standards built prior to 2019 or CSA standard #A277 built after January 1, 2019. Mobile dwellings are constructed off-site in a yard or factory and include a deformation resistant frame to allow them to be placed on a surface riding foundation such as cribbing for ease of transportation to site. Dwelling, Modular (includes RTMs): A residential dwelling that is constructed off-site in a yard or factory, in one (1) or more sections, transported to a site for permanent installation on a permanent foundation (may have a basement), having architectural features similar to permanent residential dwellings built on site in the RM, and conforming to CSA standard #A277. Dwelling, Multiple-Unit (or Multi-Unit): A building containing three (3) or more dwelling units and shall include condominiums, townhouses, row houses and apartments as distinct from a rooming house, hotel or motel. Dwelling, Non-farm: An approved one-unit dwelling that is not tied to an agricultural operation. Dwelling, One-Unit: A building containing only one (1) dwelling unit that is occupied or intended to be occupied as a permanent home or residence, and may take the form of a Single-Detached Dwelling, Mobile Dwelling, or Modular Dwelling. Dwelling, Park Model (or Trailer Coach): A seasonal or year-round mobile dwelling that is designed to be drawn on any public roadway that has no motor power or its own and cannot be licensed as a recreational vehicle. It must meet CSA standard #Z241, bear the appropriate seal, and shall be no greater than the maximum floor area 50.0 m2 (538 ft2). Dwelling, Single-Detached: A building containing only one (1) dwelling unit that is occupied or intended to be occupied as a permanent home or residence, and that shall not include a Recreational Vehicle, Mobile Dwelling, Truck Camper, 5* Wheel Trailer, or Trailer Coach as herein defined. Dwelling, Townhouse: A building divided vertically into three or more attached dwelling units with common side walls under one roof, each having a separate exterior entrance. Dwelling, Two-Unit: A building divided into two (2) dwelling units with separate entrances that are separated by a common party wall. Dwelling Group: A group of single-detached, semi-detached, or multiple unit dwellings clustered on one (1) site, built as one (1) development. Dwelling Unit: One (1) or more habitable rooms used, or fully capable of being used as a residence, where each unit provides sleeping, cooking and toilet facilities. Engagement: As defined in The Statements of Provincial Interest Regulations. Environmental Reserve: Dedicated lands that are provided to a municipality for protecting or conserving natural or environmentally sensitive areas, or that were dedicated as public reserve and transferred to a municipality pursuant to The Act. Environmental Site Assessment: An investigation intended to identify actual or potential contamination, and is performed by a qualified person in accordance with The Canadian Standards Association Standard Z768-94, Phase 1 Environmental Site Assessment. Environmentally Sensitive Lands: As defined in The Statements of Provincial Interest Regulations. Existing: In place, taking place, or with all approvals and permits in place on the date of the adoption of this Bylaw. ## F Farmstead: Improvements such as barns and granaries used in connection with the growing and sale of trees, shrubs and sod; the raising or production of crops, livestock and poultry; fur production; or, bee keeping, situated on a parcel of land used for the farm operation. Fence: A structure used to enclose or screen areas of land. Fill (Clean Fill): Uncontaminated non-water- soluble, non-decomposable, inert solids such as rock, soil, gravel, concrete, glass and or clay or ceramic products. Clean fill does not mean processed or unprocessed mixed construction and demolition debris, including, but not limited to, wallboard, plastic, wood or metal or any substance deemed corrosive, combustible, noxious, reactive, or radioactive. Flood: A temporary rise in the water level that results in the inundation of areas not ordinarily covered by water. Flood Fringe: As defined in The Statements of Provincial Interest Regulations. Flood Plain: As defined in The Statements of Provincial Interest Regulations. Flood Proofed: As defined in The Statements of Provincial Interest Regulations. Floodway: As defined in The Statements of Provincial Interest Regulations. ## FIGURE 5: CROSS-SECTION OF A FLOOD FRINGE AND FLOODPLAIN  Frontage (Site Frontage): The distance across the front site line along a public road (a site must front on a road).  G Garage, Private: A building or part of a building used for, or intended to be used for the storage of motor vehicles and wherein neither servicing nor repairing of such vehicles are carried on for remuneration. Gas Bar: A building or place where fuel and automotive fluids are sold and may be added to a vehicle on the property, and which may have a convenience store and/or restaurant. Geotechnical Analysis: An assessment or estimation by a qualified expert of the earth's subsurface and the quality and or quantity of environmentally mitigative measures that would be necessary for development to occur. Grade: The average elevation of the natural ground level at the walls of a building or structure as determined by the elevation of the outside corners of the building. Greenhouse, Commercial: A building for the growing of flowers; plants; shrubs; trees; and, similar vegetation that are not necessarily transplanted outdoors on the same site, though are sold directly at wholesale or retail from the site. Greenhouse, Private: A building for the growing of flowers; plants; shrubs; trees; and, similar vegetation that are transplanted outdoors on the same site containing such greenhouse(s), and where greenhouse products may not be offered for sale. H Habitat Conservation: The planning, management and implementation of an activity with the objective of protecting the essential physical, chemical and biological characteristics of the environment. Hazardous Industry/Substance: A substance that, because of its quality, concentration, physical, chemical or infectious characteristics, either individually or in combination with other substances on the site is an existing or potential threat to the physical environment, to human health, or other living organisms. Hazard(ous) Land: As defined in The Statements of Provincial Interest Regulations. Heritage Resource: As defined in The Statements of Provincial Interest Regulations. Highway Sign Corridor: A strip of land parallel and adjacent to a provincial highway, where private signs may be permitted to advertise goods and services of local area businesses and attractions, as provided by the regulations of the Department of Highways entitled the Erection of Signs Adjacent to Provincial Highway Regulations, 1986. Holding Tank: A digestion chamber in which sewage is received and retained to be transported to a final point of disposal. Home or Farm Based Business: Development consisting of the use of a conforming dwelling unit or residential accessory building as a business by the resident or residents, which is incidental and secondary to the residence and does not change the building's exterior character. This does not include a home office or the production or retail of cannabis, or any use that is listed as discretionary or prohibited in the specific zoning district. Home Office: An office located within a dwelling unit where a resident may carry out typical office work for remuneration but does not meet with any clients or customers on site. Hotel: A building, structure or part of a building or structure in which sleeping accommodation with or without meals is provided for tourists or travelers, and where guests register or record is kept, though does not include a rooming house. 1 Industrial Use: The use of land, buildings or structures for the manufacturing, processing, assembling, fabrication, warehousing, and/or storage of goods and materials. Infill Development: Re-development within existing areas or neighbourhoods. Institutional Use: The use of land, buildings or structures for religious; charitable; educational; health; or, welfare purposes and included churches; public or private schools; nursery schools; hospitals; and, special care. Intensity of Use: The density of use, number of units, size of development, or bulk, form or number of buildings or structures for a permitted, discretionary or prohibited use. Intensive Livestock Operation (ILO): As defined in The Agricultural Operations Act. J ## K Kennel, Boarding: The temporary accommodation of more than four (4) dogs, cats or other domestic animals for commercial purposes. ## L Landfill: A specially engineered site for disposing of solid waste on land, constructed so that it will reduce hazard to public health and safety. Landscaped Area: An area not built upon and not used for any purpose other than as an open space that may include grass, shrubs, flowers, trees and similar types of vegetation and may contain paths, walks, patios, fences and similar outdoor amenities, and does not include parking areas, parking lots, driveways or ramps. Lane: A public highway vested in the Crown as a secondary level of access to a lot or parcel of land. Livestock: Domesticated animals used primarilyas beasts of burden or for the production of fur, hides, meat, milk, eggs or other product, or as breeding stock, and excludes companion animals. Loading Space: A space having access to a street or lane, in which a vehicle may park to load or unload. Lot: An area of land with fixed boundaries on record with the Information Services Corporation (ISC) by Certificate of Title. For the purposes of this Bylaw the term "lot" and "site" shall be deemed not to mean the same. A site may constitute more than one lot if they are contiguous and under the same landowner. ## M Manufacturing: The mechanical or chemical transformation of materials or substances into new products including the assembling of component parts, the manufacturing of products and the blending of materials. Mineral Exploration and Development: As defined in The Statements of Provincial Interest Regulations. Mineral Resources: As defined in the Mineral Resources Act, 1985. Minister: The member of the Executive Council to whom for the time being is assigned the administration of The Act. Motel: A building or group of buildings on a parcel designed and operated to provide individual rental units for the use of the traveling public, each unit containing at least a bedroom and bathroom and providing convenient access to a parking space for the use of the occupants of the Municipal Facility: A building and/or site owned and/or operated by a municipal government, including but not limited to: offices, public works, public utilities, and community facilities. Municipal Reserve: Dedicated lands that are provided to a municipality for public use, or that were dedicated as public reserve and transferred to a municipality pursuant to The Act. ## N Natural Areas: An area relatively undisturbed by human activities and characterised by indigenous species including remnant or self-sustaining areas with native vegetation, water or natural features. Non-Conforming Site: A site consisting of one (1) or more contiguous parcels that, on the date a Zoning Bylaw or any amendment to a Zoning Bylaw becomes effective, contains a use that conforms to the Bylaw but the site area or site dimensions do not conform to the standards of the Bylaw for Non-Conforming Use: Any use of land, building, or structure lawfully existing or under construction where permits have been issued at the time of passing this Bylaw, the use of which does not comply with all the regulations of this Bylaw governing the zoning district in which it is located. Noxious Use or Condition: Any use or facility that causes or produces harmful or hazardous noise; vapours; smoke; dust (particles suspending in or transported by air); vibrations; electrical or electromagnetic fields; glare; or, light. Office: A building or part of a building used primarily for conducting the affairs of a business; profession; service; industry; or, government in which no goods or commodities of business or trade are stored; trans-shipped; sold; or, processed. Official Community Plan (OCP): The RM of Whiska Creek No. 106 Official Community Plan Bylaw No. 196-2022, as per Section 32 of The Planning and Development Act, 2007. Oil and Gas (Well or Facility): As defined by The Oil and Gas Conservation Regulations, 2012. Open Space: Passive and structured leisure and recreation areas that enhance the aesthetic quality and conserve the environment of the community, including parks; recreation; tourism nodes; and, natural areas. P Parcel: An area of land with fixed boundaries on record with the Information Services Corporation (ISC) by Certificate of Title. For the purposes of this Bylaw the term "parcel" and "site" shall be deemed not to mean the same. A site may constitute more than one parcel if they are contiguous and under the same landowner. Parking Lot: An open area, other than a road, used for temporary parking of more than four (4) vehicles and available for public or private use. Parking Space: A space within a building or parking lot for the parking of one (1) motor or recreational vehicle including convenient access to a public right-of-way that shall be not less than 2.5 metres (8.2 ft.) in width and 5.5 metres (18.0 ft.) in length. Personal Services: The provision of services related to a customer's personal and/or grooming needs, excluding the provision of health related services. Place of Worship: A building set aside by any religious organization for public worship. Typical uses include churches; chapels; mosques; temples; synagogues; and, parish halls. Processing: The processing and preparation of commodity or commodities produced off-site and may be sourced from multiple-locations. Public Utility: A government, municipal or corporation under Federal or Provincial statue which operates a public work and/or provides a service to the general public. ## Public Works: Under The Act, means: - systems for the production, distribution or transmission of electricity; - systems for the distribution, storage or transmission of natural gas or oil; - facilities for the storage, transmission, treatment, distribution or supply of water; - facilities for the collection, treatment, movement or disposal of sanitary sewage; - telephone, cable television or light distribution or transmission lines; or - facilities for the collection, storage, movement and disposal of storm drainage.  Quarter Section: Approximately 64.8 ha (160 acres) or a lesser amount that remains due to the original survey, road widening, road right-of-way or railway plans, drainage ditch, pipeline or transmission line development, or natural features such as water courses or water bodies as defined by the Township Plan of Survey in the Land Titles Office. ## R Recreational Use: The use of land for parks; playgrounds; tennis courts; lawn bowling greens; indoor and outdoor skating rinks; curling rinks; athletic fields; golf courses; picnic areas; swimming pools; day camps; community centres; and, all similar uses, together with the necessary and accessory buildings and structures; though does not include the racing of animals or motorized vehicles. Recreational Use, Commercial: The use of land, building(s), or structure(s) for the purpose of selling a recreational amenity, including but not limited to the racing of animals or motorized vehicles, and paintball. Recreational Vehicle (RV): A vehicle intended to provide temporary living accommodation, built as part of, or to be towed by a motor vehicle to be used on public highway without special permit. Recreational vehicles include truck campers; motor homes; fifth wheel trailers; travel trailers; and, tent trailers. Recreational Vehicle (RV) Park: An area of land managed as a unit, providing short-term accommodation for recreational vehicles including accessory facilities such as administration offices and laundry facilities. Residential Use: The use of land, buildings or structures for human habitation. Resource Exploration and Development: The exploration, extraction, and development of resources including mineral resources, oil and gas, and sand and gravel, subject to this Bylaw and all relevant provincial acts and regulations. Restaurant: A building or part of a building wherein food is prepared and offered for sale to the public primarily for consumption within the building. Limited facilities may be permitted to provide for a take-out food function provided that such a facility is clearly secondary to the primary restaurant use. Retail Store: A building or part thereof, or a place where goods; wares; merchandise; substances; or, articles are offered or kept for sale or rent. This may include limited servicing and manufacturing of products onsite for sale on the site, so long as it is accessory to the principal retail use of the site. Rezoning: The act of changing the land use zoning district of land through an application for a zoning amendment, subject to conditions of this Bylaw and approval from Council. Right-of-Way: The land set aside for use as a roadway or utility corridor. Road or Roadway: The whole and entire width of every highway, public road or road allowance vested in Her Majesty, in the right of the Province of Saskatchewan, and shown as such on a plan of survey registered at the Information Services Corporation (ISC). Safe Building Elevation (SBE): A level as defined by the Ministry of Government Relations, at the time of subdivision to which flood proofing is required. The SBE is calculated as the Estimated Peak Water Level (EPWL) plus a freeboard value to allow for uncertainties in calculations and other possible hazards such as ice push, ice jams, wind, waves, and erosion. Salvage Yard: A facility where second-hand, discarded or scrap materials are bought; sold; exchanged; stored; processed; or, handled. Materials include scrap iron; structural steel; rages; rubber tires; discarded goods; equipment; appliances; or, machinery. Sand and Gravel: As defined in The Statements of Provincial Interest Regulations. School: An educational facility under the jurisdiction of a Board of Education; a college; university; or, any other school established and maintained either wholly or partially at public expense, whether or not the same is a boarding school and includes any dormitory building accessory to the such school. Service Station: A site used for the retail sale of lubricating oils and fuel, automobile accessories and for the servicing and repairing of motor vehicles essential to the operation of a motor vehicle. This does not include an auto body or painting shop, car sales lot or car washing establishment. Setback: A required minimum separation distance, usually from the nearest point of a building or structure to a site line, railway, or centre line of a public road allowance. Sight Triangle: The triangular area formed, on corner sites, by the intersection front and side site lines at an intersection and the straight line joining said site lines, as demonstrated by Figure 4 and described in Section 4.11.3 of this Bylaw. Sign: Any device, letter, figure, symbol, emblem or picture, which is affixed to or represented directly or indirectly upon the exterior of a building, structure or a piece of land and which identifies or advertises any object, product, place, activity, person, organization, or business in such a way as to be visible to the public on any road or thoroughfare. Sign, Billboard: A private free standing sign, including supporting structure, which advertises goods; products; services; organizations; or facilities that are available from, located on or refer to a site other than the site on which the sign is located. Sign, Directional or Wayfinding: Signage located off-site providing direction to, and information about, a specific enterprise or activity, which does not contain general advertising. Site: An area of land, consisting of one (1) or more continuous parcels with the same landowner, considered as a unit devoted to a certain use or occupied by a building or permitted group of buildings, and the customary accessories and open spaces belonging to the same. For the purposes of this Bylaw the term "parcel" and "site" shall be deemed not to mean the same. A site may constitute more than one parcel if they are contiguous and under the same landowner. Site, Corner: A site at the intersection of two (2) or more public roadways. Site Area: The total horizontal area within the site lines of a site. Site Coverage: The percentage of the site area covered by all the buildings above the ground level. Site Line: Any boundary of a site. Site Line, Front: The boundary that divides the site from the public road allowance, highway or road. In the case of a corner site, the site boundary that abuts the public road allowance, highway or road to the front of the principal building shall be deemed to be the front site line. Site frontage for a non-rectangular site shall be defined as the mean of the measured front and rear site lines. Site Line, Rear: The site line at the rear of the site, opposite the front site line. Site Line, Side: A site line other than a front or rear site line. Site Plan: A plan showing the location of existing and proposed buildings and other features on a site in relationship to the site lines as further described in Section 2.4.2.d. Solar Energy System, Commercial: A solar panel energy conversion system consisting of solar panels and associated control or conversion electronics, which is intended to produce power for resale or off-site distribution. Solar Energy System, Private: A solar energy conversion system consisting of solar panels and associated control or conversion electronics, where the priority and intention is to provide electrical power for use on-site (either behind the meter or off-grid). Stakeholders: Individuals, groups or organizations who have a specific interest or "stake" in a particular need, issue, situation or project and may include members of the local community, residents, community groups, or local, provincial and federal governments. Storage Facility: A commercial business that rents or leases storage rooms; lockers; containers; modular storage units; and/or, outdoor space for businesses and individuals to store and access their goods. Structure: Anything that is built, constructed or erected that is located on the ground, or attached to something located on or in the ground. Subdivision: A division of land, including a division of a quarter section, into legal subdivision as described in the regulations made pursuant to the Land Surveys Act, 2000. Subdivision, Multiple-Lot: A subdivision that creates more than two new sites in any Zoning District. Suite, Garage or Garden: An accessory dwelling unit located within a detached accessory building that has cooking, sleeping, and sanitary facilities which are separate from those of the singledetached dwelling. Typically garden suites are standalone structures while garage suites are either attached to or located above a detached garage. Suite, Secondary: An accessory dwelling unit which may located within a single-detached dwelling or in a detached accessory building on the same property as a single-detached dwelling. Sustainable: As defined in The Statements of Provincial Interest Regulations. T Trucking or Transportation Firm: The use of land, buildings or structures for the purpose of storing; repairing; loading trucks, transporting trailers and/or buses, and does not include an automobile service station, transportation sales or rental outlets. U Use: The activity or purpose for which any land, building, structure or premise, or part thereof is arranged, designed or intended, occupied or maintained. Use, Accessory: See "Accessory". 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, as contained in this Bylaw. Use, Permitted: A use or development which is rightfully allowed in its zoning district subject to the regulations of this Bylaw and following application for a development permit that is approved by the Development Officer. Use, Principal: The main or primary activity, for which a site or its buildings are designed; arranged; developed; intended; or, for which is occupied or maintained.  Vehicle Service Establishment: Includes all land uses which perform repair and maintenance services to motorized vehicles and contain all operations (except vehicle storage) entirely within an enclosed building. Visitor Information Centre: A building that provides information and services to visitors to a place such as a community, tourism amenities, services and others. ## W Warehousing: The use of a building for the storage and distribution of wholesale goods and materials. Waste Disposal Facility, Liquid: A facility to accommodate any waste which contains animal, mineral or vegetable matter in solution or suspension, though does not include a holding tank for a single residence or farmstead, or a manure storage area for an intensive livestock operation. Waste Disposal Facility, Solid: A facility or a temporary storage facility, to accommodate discarded materials, substances or objects which originated from residential, commercial, institutional, and industrial sources which are disposed of in municipal or private landfills or transfer stations, and not including dangerous goods, hazardous waste or biomedical waste. Waterbody: A lake; pond; reservoir; lagoon; swamp; marsh; wetland; or, any other area containing standing surface water, either permanently or intermittently. Watercourse: A river, stream, creek, gully, ravine, spring, coulee, valley floor, drainage ditch or any other channel having a bed and sides or banks in which water flows either permanently or intermittently. Wind Energy System: Any structure(s) used for the conversion, production, and transmission of wind energy into electrical energy and related facilities connected to a substation or metering point. Wind Energy System, Commercial (Wind Farm): Wind energy conversion system consisting of wind turbine(s), a tower and associated control or conversion electronics, which is intended to produce power for resale. Wind Energy System, Private: Wind energy conversion system consisting of wind turbine(s), a tower and associated control or conversion electronics, where the priority and intention is to provide electrical power for use on-site (either behind the meter or off-grid). Work Camp: A temporary residential complex used to house workers/contractors on a temporary basis of more than 28 days and less than two years. The camp is made up of three or more mobile units or travel trailers, clustered in such fashion as to provide sleeping, food preparation/eating, recreation, parking and other basic living facilities. Modular, manufactured, or any type of dwelling on permanent foundations are not permitted. Typically, this use is required seasonally to support the short-term housing demands of a large-scale construction workforce. X Yard: Uncovered space, open to the sky on the same site with a building or structure. Yard, Front: The area from the front building line and the front site line, between the side site lines. Yard, Rear: The area from the rear building line and the rear site line, between the side site lines. Yard, Side: The area between the side site line and the nearest wall of the principal or accessory building or structure on the site. ## Z Zoning District: Divisions identified in the Zoning Bylaw according to Section 5.0 of this Bylaw that establish permitted and discretionary uses as well as development standards. ## EXHIBIT B: ZONING DISTRICT MAP