R.M. OF ESTEVAN NO. 5 ZONING BYLAW NO. 96-Z1

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1 R.M. OF ESTEVAN NO. 5 ZONING BYLAW NO. 96-Z1 Prepared for the R.M. of Estevan No. 5 and Saskatchewan Municipal Government by UMA Engineering Ltd. Engineers, Planners and Surveyors September 1996

2 PLANNING DOCUMENTS Three planning documents were prepared for the Rural Municipality (R.M.) of Estevan: 1) The Background Report which provides an overview of the resources, land use patterns, economy and people of the R.M. of Estevan. Opportunities and constraints for development were identified, planning and development issues were highlighted and policy recommendations for addressing these issues were provided. 2) The R.M. of Estevan No. 5 Development Plan Bylaw No. 96-D1, adopted by the Council of the R.M. of Estevan, states objectives and policies for future planning and development in the R.M. of Estevan. 3) The No. 96-Z1, adopted by the Council of the R.M. of Estevan, comprises detailed land use controls. The Zoning Bylaw is one of Council s tools for implementing the policies established in the R.M. of Estevan No. 5 Development Plan Bylaw No. 96-D1.

3 TABLE OF CONTENTS SECTION PAGE 1.0 INTRODUCTION TITLE AUTHORITY SCOPE PURPOSE SEVERABILITY HAZARD WARNING AND DISCLAIMER OF LIABILITY ADMINISTRATION AND ENFORCEMENT DEVELOPMENT OFFICER DEVELOPMENT PERMIT BUILDING PERMIT NO DEVELOPMENT PERMIT REQUIRED DEVELOPMENT PERMIT APPLICATIONS DEVELOPMENT APPEALS BOARD AND APPEAL PROCEDURE AMENDMENTS TO THE ZONING BYLAW OFFENSES AND PENALTIES GENERAL PROVISIONS COMPLIANCE WITH OTHER BYLAWS AREAS PROHIBITED FOR DEVELOPMENT HOLDING PROVISION NO FURTHER SUBDIVISION OF AN ORIGINAL RESIDENTIAL LOT GRADING AND LEVELING OF SITES REMOVAL OF VEGETATION NON-CONFORMING USES DEMOLITION OF BUILDINGS BUILDING TO BE MOVED ONE PRINCIPAL BUILDING OR USE PER SITE FRONTAGE ON ROAD ACCESSORY BUILDINGS AND USES WATER WASTE MANAGEMENT STORAGE OF CHEMICALS, FERTILIZERS, AND COMBUSTIBLE MATERIALS UNDERGROUND STORAGE TANKS OUTDOOR STORAGE AND MAINTENANCE FENCES 16 i

4 TABLE OF CONTENTS SECTION PAGE 3.19 THE KEEPING AND RAISING OF ANIMALS AND/OR BIRDS ON RESIDENTIAL SITES SIGN REGULATIONS HOME-BASED BUSINESSES PUBLIC UTILITIES YARD ENCROACHMENTS GARDEN SUITES ZONING DISTRICTS ZONING DISTRICT CLASSIFICATIONS ZONING DISTRICT BOUNDARIES ZONING DISTRICT MAP AGRICULTURAL DISTRICT (A) PURPOSE PERMITTED USES 20 A. Permitted Principal Uses 20 B. Permitted Accessory Uses DISCRETIONARY USES 21 A. Discretionary Principal Uses 21 B. Discretionary Accessory Uses SITE STANDARDS 23 A. Site Area 23 B. Reduced Site Size 24 C. Sites in Adjoining Rural Municipalities 24 D. Existing Non-Conforming Agricultural Sites 24 E. Existing Separate Farm Residential Sites 24 F. Farm Residences and Single Parcel Country Residential Subdivisions SETBACKS AND SEPARATION DISTANCES DEVELOPMENT STANDARDS FOR SPECIFIC USES 27 A. Coal Resource Extraction Operations 27 B. Sand and Gravel Operations and Topsoil Removal Operations 29 C. Intensive Livestock Operations 30 D. Solid and Liquid Waste Management Facilities 33 E. Petroleum and Natural Gas Exploration and Development MULTI-PARCEL COUNTRY RESIDENTIAL DISTRICT (CR) PURPOSE PERMITTED USES 35 A. Permitted Principal Uses 35 B. Permitted Accessory Uses 35 ii

5 TABLE OF CONTENTS SECTION PAGE 6.3 DISCRETIONARY USES 35 A. Discretionary Principal Uses 35 B. Discretionary Accessory Uses SITE STANDARDS SETBACKS AND SEPARATION DISTANCES HAMLET DISTRICT (H) PURPOSE PERMITTED USES 39 A. Permitted Principal Uses 39 B. Permitted Accessory Uses DISCRETIONARY USES 40 A. Discretionary Accessory Uses SITE STANDARDS OFF-STREET PARKING AND LOADING REQUIREMENTS SETBACKS AND SEPARATION DISTANCES LAKESHORE DEVELOPMENT (LD) PURPOSE PERMITTED USES 43 A. Permitted Principal Uses 43 B. Permitted Accessory Uses DISCRETIONARY USES 43 A. Discretionary Principal Uses 43 B. Discretionary Accessory Uses SITE STANDARDS DEVELOPMENT REQUIREMENTS SETBACKS AND SEPARATION DISTANCES HIGHWAY COMMERCIAL AND LIGHT INDUSTRIAL DISTRICT (C) PURPOSE PERMITTED USES 47 A. Permitted Principal Uses 47 B. Permitted Accessory Uses DISCRETIONARY USES 48 A. Discretionary Principal Uses SITE STANDARDS OFF-STREET PARKING AND LOADING REQUIREMENTS 49 iii

6 TABLE OF CONTENTS SECTION PAGE 10.0 HEAVY INDUSTRIAL DISTRICT (M) PURPOSE PERMITTED USES 50 A. Permitted Principal Uses 50 B. Permitted Accessory Uses DISCRETIONARY USES 50 A. Discretionary Principal Uses SITE STANDARDS SETBACKS AND SEPARATION DISTANCES CONSERVATION AREA (CA) PURPOSE PERMITTED USES 52 A. Permitted Principal Uses 52 B. Permitted Accessory Uses SITE STANDARDS DEFINITIONS BYLAWS REPEAL OF BYLAWS WAIVER OF CAPITAL WORKS PROGRAM EFFECTIVE DATE OF THIS BYLAW 59 iv

7 1.0 INTRODUCTION 1.1 TITLE This Bylaw shall be called the. 1.2 AUTHORITY Pursuant to sections 67 and 124 of The Planning and Development Act, 1983 and amendments, the Council of the Rural Municipality (R.M.) of Estevan No. 5 adopts the R.M. of Estevan No. 5 Zoning Bylaw No. 96-Z SCOPE All development within the limits of the Rural Municipality of Estevan No. 5 shall be in conformity with the provisions of this Bylaw. 1.4 PURPOSE This Zoning Bylaw is to assist in implementing the policies in the R.M. of Estevan No. 5 Development Plan Bylaw No. 96-D1, and to control the use and development of land in the R.M. of Estevan No SEVERABILITY If any portion of this Bylaw, including anything shown on the Zoning District Map, is declared to be invalid for any reason by an authority of competent jurisdiction, that decision shall not affect the validity of the whole, or any other part, section or provision of this Bylaw. 1.6 HAZARD WARNING AND DISCLAIMER OF LIABILITY The degree of protection against flood, shoreline erosion of slope instability hazards provided by this Bylaw is based on historical records and scientific and engineering studies, and is considered reasonable for regulatory purposes. This Bylaw does not imply that areas outside of the hazard area boundaries will always be totally free from hazards or hazard damage. This Bylaw does not create a liability on the part of the municipality or any officer or employee thereof, for any hazard damages that may result from reliance on this Bylaw. 5

8 2.0 ADMINISTRATION AND ENFORCEMENT 2.1 DEVELOPMENT OFFICER The Council of the Rural Municipality of Estevan No. 5 shall administer this Bylaw. The development officer shall be the Administrator of the R.M. of Estevan, unless an official other than the Administrator has been appointed by resolution of Council. Council shall direct the development officer regarding the issuance of development permits. 2.2 DEVELOPMENT PERMIT No development shall be undertaken unless a development permit has been issued by the development officer, except where this Bylaw specifically exempts a particular development. 2.3 BUILDING PERMIT A building permit, where required, shall not be valid unless a development permit, where required, has been issued. 2.4 NO DEVELOPMENT PERMIT REQUIRED The following developments do not require a development permit: i) accessory agricultural uses in the Agricultural District (A) that are located above the minimum safe building elevation for the 1:500 flood event, as determined by SaskWater; ii) any operation for the purposes of inspecting, repairing or renewing cables, mains, pipes, sewers, tracks, wires or similar public works as required by a public utility; and, iii) geophysical exploration (seismic activity). 2.5 DEVELOPMENT PERMIT APPLICATIONS i) Every application for a development permit shall be made to the development officer on the prescribed form, available from the rural municipal office. 6

9 ii) Every application for a development permit shall include the following: a) a sum of $20.00 to be applied to the cost of reviewing the application; b) a copy of a site plan or layout showing the site elevations, the dimensions of the site, the site size, the location of any existing and proposed development on the site including water supply systems, sewage disposal systems and underground storage tanks; c) a statement of the intended use of the site; d) any other information that may be required by the development officer. iii) iv) A development permit shall be issued, subject to any development standards, special regulations or performance standards that may be required, if the application conforms to the provisions of this Bylaw. The development permit shall be effective for one (1) year from the date of issue. A copy of all approved development permit applications involving the installation of water supply and sewage disposal systems shall be sent to the local office of Saskatchewan Health. v) The applicant shall be notified in writing of the decision regarding an application for a development permit. vi) If an application for a development permit is denied, the applicant shall be notified of the reasons for the refusal and shall be advised of any right to appeal the decision to the local Development Appeals Board, subject to the provision of The Planning and Development Act, 1983 and amendments. 2.6 DEVELOPMENT APPEALS BOARD AND APPEAL PROCEDURE i) Council shall appoint a local Development Appeals Board within three months from the date that this Bylaw comes into force, in accordance with the provisions of The Planning and Development Act, 1983 and amendments. ii) The provisions of The Planning and Development Act, 1983 and amendments shall apply in making an appeal and in the Board hearing an appeal. 7

10 iii) In addition to any other right of appeal provided by The Planning and Development Act, 1983 and amendments, an appellant may appeal to the local Development Appeals Board where the development officer: a) is alleged to have misapplied this Bylaw in issuing a development permit; or b) refuses to issue a development permit because it would contravene this Bylaw. iv) An appellant shall make the appeal within (30) days of the date of the issuance of or refusal to issue a development permit. v) Where a person wishes to appeal to the local Development Appeals Board, they shall file a written notice of their intention to appeal with the secretary of the Board, together with a sum specified by The Planning and Development Act, 1983 and amendments to be applied to the expenses of the appeal. vi) The local Development Appeals Board, in determining an appeal: a) is bound by the R.M. of Estevan No. 5 Development Plan Bylaw; b) may confirm, revoke or vary a decision or development permit or any attached condition, or may substitute a decision or permit that it considers advisable; and c) may make a decision ordering or confirming the issuance of a development permit notwithstanding that the proposed development does not comply with this Bylaw where, in the Board s opinion, such action would not: grant to the applicant a special privilege inconsistent with the restrictions on the neighbouring properties in the same zoning district, or amount to a relaxation of the provisions of this Bylaw that would be contrary to the Bylaw s purpose and would negatively affect the neighboring properties. vii) Nothing in this section authorizes a person to appeal a decision of Council to: a) refuse to rezone land; or b) reject an application for approval of a discretionary use. However, a development permit condition required by Council may be appealed. 8

11 2.7 AMENDMENTS TO THE ZONING BYLAW i) Council may amend this Bylaw at any time, upon its own initiative or upon request, provided that the amendments are in keeping with the intent of the R.M. of Estevan No. 5 Development Plan Bylaw. ii) iii) This Bylaw shall be amended in accordance with the procedures set out in sections 207 through 212 of The Planning and Development Act, 1983 and amendments. The applicant will be required to pay all or part of the costs for the public advertisement of and any public meetings associated with an application: a) requesting an amendment to this Bylaw; or b) requesting the approval of a discretionary use that Council wishes to advertise before issuing a development permit. 2.8 OFFENSES AND PENALTIES Any person who contravenes any of the provisions of this Bylaw is guilty of an offence under The Planning and Development Act, 1983 and amendments and is liable, on summary conviction, to the penalties provided by section 221 of the Act. 9

12 3.0 GENERAL PROVISIONS 3.1 COMPLIANCE WITH OTHER BYLAWS Nothing in this Bylaw shall exempt any person from complying with the requirements of or from obtaining permission required by any other bylaw of the municipal, provincial or federal governments. Where the provisions in this Bylaw conflict with those of any other municipal, provincial or federal requirements, the higher or more stringent standards shall prevail. 3.2 AREAS PROHIBITED FOR DEVELOPMENT i) Council may require the applicant to hire and pay for a geotechnical or hydrological evaluation by a qualified professional consultant if the site proposed for development: a) is in an environmentally sensitive area such as along a shoreline or over a groundwater supply or recharge area; or b) is subject to flood, shoreline erosion or slope instability hazards. ii) A development permit shall not be issued or an approval for subdivision shall not be recommended for a development: a) that in the opinion of Council, or as determined by a professional consultant, is in an environmentally sensitive area or is subject to hazard conditions, and would cause environmental degradation or require costly servicing or remedial measures; or b) for which a professional geotechnical or hydrological evaluation requested by Council was not done. iii) No development will be permitted below the minimum safe building elevation for the 1:500 flood event, as determined by SaskWater. 10

13 3.3 HOLDING PROVISION The holding provision under section 84 of The Planning and Development Act, 1983 and amendments allows Council to designate the future use of land. The holding provision ensures: i) that development/reclamation is orderly, phased and timely; ii) that land use, environmental, development, servicing and other concerns are addressed by the proponent to Council s satisfaction before development/reclamation proceeds; and iii) that Council has opportunities to review the development/reclamation as each phase proceeds. The holding provision is represented by the symbol (h), and is used in conjunction with any zoning district designation. For example, an Agricultural - Holding District would be represented by (A(h)). Where a holding provision is used, development/reclamation can proceed in phases. To begin a phase of a development/reclamation activity, the proponent must apply to Council to have the holding provision removed from that phase and have the phase rezoned. For example, to begin a development/reclamation in an Agricultural - Holding District, the proponent would apply for a rezoning to an Agricultural District. This would require an amendment to the, but would not require the usual public notification procedures. The holding provision means that the zoning district identified on the Zoning District Map shall apply subject to the conditions within this section. Council will not remove a holding provision and allow development/reclamation to proceed until: i) Council is satisfied with the proponent s proposed development/reclamation phases and proposed order of development/reclamation; and ii) the proponent has addressed land use, environmental, development, servicing and other concerns to Council s satisfaction. If these criteria have not been met, Council may refuse to remove a holding provision. As outlined in section 84 of The Planning and Development Act, 1983 and amendments, the developer/proponent may appeal Council s decision to the Saskatchewan Municipal Board. 11

14 3.4 NO FURTHER SUBDIVISION OF AN ORIGINAL RESIDENTIAL LOT Council will not permit further subdivision of an original residential lot in the Agricultural (A), Multi-Parcel Country Residential (CR) and Lakeshore Development (LD) Districts, unless in the opinion of Council the subdivision will not significantly increase the density of the existing development. 3.5 GRADING AND LEVELING OF SITES i) To provide for adequate surface drainage, any site proposed for development shall be graded and leveled at the owner s expense and the owner shall: a) ensure that the surface drainage will not adversely affect adjacent property or the stability of the land; and b) provide the necessary works and facilities to prevent any adverse effects. ii) iii) iv) To prevent erosion, all excavations or fillings shall be revegetated with a suitable groundcover. For any proposed excavation or filling in an environmentally sensitive area or in an area subject to flood, shoreline erosion or slope instability hazards, Council may request Saskatchewan Environment and Resource Management and SaskWater to evaluate the proposal before making a decision on issuing a development permit. For any proposed excavation or filling in a heritage sensitive area, Council may request the Heritage Branch of Saskatchewan Municipal Government to evaluate the proposal before making a decision on issuing a development permit. 3.6 REMOVAL OF VEGETATION The removal of vegetation shall not be permitted within 30 metres (100 feet) of a shoreline except for the construction of pedestrian access ways or buildings, or the clearing of dead or diseased trees. For building construction, the removal of trees further than 2.0 metres (6.5 feet) from the building shall not be permitted. Access ways shall not be cleared more than 3 metres (10 feet) in width. 12

15 3.7 NON-CONFORMING USES Any building, structure or lawful use in existence when this Bylaw is approved, although such building, structure or use does not conform to the provisions of this Bylaw, shall be carried on in accordance with the provisions of sections 113 through 118 of The Planning and Development Act, 1983 and amendments. 3.8 DEMOLITION OF BUILDINGS No building shall be demolished within the R.M. of Estevan unless a development permit has been issued. 3.9 BUILDING TO BE MOVED No building shall be moved within or into the R.M. of Estevan unless a development permit has been issued ONE PRINCIPAL BUILDING OR USE PER SITE Not more than one (1) principal building or use shall be permitted on one (1) site except for: i) agricultural uses; ii) institutional uses; a) community halls, b) educational facilities, c) health care facilities, and d) religious institutions; and iii) public utility uses iv) garden suites FRONTAGE ON ROAD A development permit shall not be issued unless the site intended to be used, or on which a building or structure is to be erected abuts or has frontage on an existing graded allweather registered road, or unless satisfactory arrangements have been made with Council. 13

16 3.12 ACCESSORY BUILDINGS AND USES i) Any use accessory to a lawful use is a permitted use WATER No development or use of land shall be permitted where the development proposal will: i) adversely affect domestic and municipal water supplies, or ii) where a suitable, potable water supply cannot be provided to meet the requirements of Saskatchewan Environment and Resource Management, Saskatchewan Health and SaskWater WASTE MANAGEMENT All development or use of land that requires sewage disposal systems or solid or liquid waste management facilities shall obtain approvals from the appropriate government agencies which may include: i) Saskatchewan Health, for private sewage disposal systems; ii) Saskatchewan Environment and Resource Management, for solid and liquid waste management facilities; iii) SaskWater, for injection rates for liquid effluent; and iv) Saskatchewan Agriculture and Food, for waste disposal for intensive livestock operations. v) Saskatchewan Energy and Mines STORAGE OF CHEMICALS, FERTILIZERS, AND COMBUSTIBLE MATERIALS The storage of chemicals, fertilizers or combustible materials is subject to the requirements of Saskatchewan Environment and Resource Management, Saskatchewan Municipal Government, SaskPower and Saskatchewan Energy and Mines. 14

17 3.16 UNDERGROUND STORAGE TANKS i) The installation of an underground storage tank requires a development permit. ii) The installation and maintenance of underground storage tanks are subject to the requirements of Saskatchewan Environment and Resource Management OUTDOOR STORAGE AND MAINTENANCE i) This section does not limit the customary display of any goods permitted to be sold on the site, or the storage of fuel, oil or gas in tanks connected to a heating plant on the premises. ii) iii) In no case shall any storage of materials be permitted in the front yard of any site. The regulations for outdoor storage and maintenance in the Multi-Parcel Country Residential (CR) and the Lakeshore Development (LD) Districts are: a) no side or front yards shall be used for the storage or collection of materials; and b) no yard shall be used for the storage of machinery. iv) In the Highway Commercial and Light Industrial District (C), the outdoor storage of raw materials, finished or partially finished products, fuel, salvage materials, junk or waste shall be concealed from sight by a fence or wall such that they are not visible from any point 1.5 metres (5 feet) or less above grade on any adjacent lands, sites or streets. 15

18 3.18 FENCES In the Multi-Parcel Country Residential (CR), Lakeshore Development (LD), Highway Commercial and Light Industrial (C) Districts, no fence, wall or other means of enclosure shall be constructed, and no hedge or shrubs shall be permitted to grow, to a height greater than: i) 1.2 metres (4.0 feet) above grade for the portion of the structure that extends beyond the front wall of the principal building; and ii) 3.0 metres (10.0 feet) above grade for the portion of the structure that does not extend beyond the front wall of the principal building THE KEEPING AND RAISING OF ANIMALS AND/OR BIRDS ON RESIDENTIAL SITES i) Council may: a) prohibit the keeping and raising of animals and/or birds on a residential site; b) limit the number of animals and/or birds kept on a residential site; and c) require the proponent to enter into a development or servicing agreement. ii) Where permitted, the buildings used for the housing of animals, birds and necessary materials shall be set back a minimum distance of 15 metres (50 feet) from all residential uses, water supplies and site lines SIGN REGULATIONS i) A development permit shall be obtained from the development officer before any sign is erected or structurally altered, except where exempted by this Bylaw. ii) All signs situated along a highway or in a highway sign corridor are required to comply The Erection of Signs Adjacent to Provincial Highway Regulations,

19 iii) Signs Requiring a Development Permit a) Signs for the following require a development permit: agri-business; home-based businesses; principal use of a building or site; or products offered for sale. b) These signs are subject to the following requirements: no more than two (2) signs will be permitted on a site; each sign may be double faced; the area of a sign shall not exceed 6.0 square metres (64.5 square feet), or the combined area of two (2) signs shall not exceed 12.0 square metres (129 square feet); the maximum height of a sign shall be 6.0 metres (20 feet); and no sign shall be illuminated unless the light source is steady and suitably shielded. iv) Signs Not Requiring a Development Permit a) Signs for the following will not require a development permit: address signs: one (1) address designation per use, denoting the numerical address and/or name of the occupant; agriculture-related signs: signs such as herbicide, insecticide or seed advertising signs are permitted on a temporary basis; construction signs: signs that indicate the impending development of a site are permitted on a temporary basis; directional signs: traffic warning signs, parking or no trespassing signs; election signs; government signs; memorial signs: plaques, tablets and headstones; real estate signs: permitted only on the property which is being advertised; and signs in a highway sign corridor. 17

20 3.21 HOME-BASED BUSINESSES Home-based businesses may be permitted at the discretion of Council and are subject to the following conditions. i) Only the residents of the dwelling and one (1) assistant shall be employed in the business. ii) The use shall be restricted to the dwelling or accessory building. iii) There shall be no variation in the normal character of the dwelling, the accessory building and the land. iv) There shall be no outside storage or exterior display of materials or equipment. v) The character of the zoning district shall not be disturbed by dust, noise, smell or smoke generated by the use. vi) The use shall not generate substantially more traffic and parking than is normal within the zoning district. vii) The development officer may limit the size and number of advertising signs. viii) Council may require enterprises such as farm vacation and bed-and-breakfast operations to meet the following: a) density requirements; b) minimum separation distances from intensive livestock operations; c) other locational criteria; and d) screening criteria. ix) The use shall only be permitted for the period of time that the property is occupied by the applicant for the use. x) The permit for the use shall be renewed annually and may be revoked at any time if, in the opinion of council, the use has become detrimental to the character and amenities of the zoning district PUBLIC UTILITIES Unless otherwise stated in this bylaw, public utilities and facilities, except solid and liquid waste disposal sites, shall be permitted uses in every zoning district, no minimum site area or yard requirements shall apply and Section 5.5 will not apply. Where a pipeline, or other utility or transportation facility will cross a municipal road, Council may apply such special design standards as it considers necessary to protect the municipal interest in the existing and future improvement to the road YARD ENCROACHMENTS Unless otherwise stated in this bylaw, the following encroachments on a yard shall be permitted: i) window sills, eaves, gutters, bay windows, chimney breasts and similar non-structural architectural features may project a distance of 600 mm (2 feet) into any required yard. ii) steps or landings may project 2.0 metres (6.5 feet) into any required yard GARDEN SUITES In the Multi-Parcel Country Residential (CR), and Agricultural (A) Districts, Garden Suites are permitted subject to the following requirements: i) Garden Suites shall be no greater in size than 1000 square feet and shall be constructed on grade without a basement; ii) iii) Garden Suites shall be constructed in compliance with the National Building Code of Canada Current Edition; Garden Suites may only be approved, where in the opinion of Council, they would not: a) unduly interfere with the amenities or change the character of the neighbourhood; b) materially interfere with or affect the use and enjoyment of adjacent properties; c) adversely impact upon the environment; or d) result in excessive demand on municipal services, utilities or public roadway access. iv) Any approval of a garden suite shall be for a maximum period of five (5) years and may be renewed at the discretion of Council providing the requirements of this Bylaw continue to be met; v) Any applicant shall be required to enter into an agreement with the Municipality to ensure the Garden Suite vi) complies with all relevant requirements of this Bylaw. Any applicant shall be required to seek and attain the approval of the Public Health Inspector for sewage disposal prior to commencing any development related to a Garden Suite. 18

21 4.0 ZONING DISTRICTS 4.1 ZONING DISTRICT CLASSIFICATIONS For the purpose of applying this Bylaw, the R.M. of Estevan is divided into the following zoning districts: A Agricultural CR Multi-Parcel Country Residential H Hamlet LD Lakeshore Development C Highway Commercial and Light Industrial M Heavy Industrial CA Conservation Area h) Holding 4.2 ZONING DISTRICT BOUNDARIES Unless otherwise shown on the Zoning District Map, the boundaries of the zoning districts are site lines, centrelines of streets and roads, shorelines, centrelines of water courses or water bodies, and the boundaries of the R.M. of Estevan No ZONING DISTRICT MAP The boundaries of the zoning districts as designated above are shown on the map entitled Zoning District Map of the R.M. of Estevan No. 5" which is attached to and a part of this Bylaw. 19

22 5.0 AGRICULTURAL DISTRICT (A) 5.1 PURPOSE The purpose of this district is to establish and preserve agricultural uses and agriculturerelated developments. 5.2 PERMITTED USES A. Permitted Principal Uses The following principal uses are permitted in this district: agricultural uses animal and poultry raising, dairy farming, field crops, grazing, and other similar uses customarily carried out on agricultural, excluding intensive livestock operations, and, transmission lines and supplementary facilities; transportation corridors; and, petroleum and natural gas exploration and development. B. Permitted Accessory Uses The following accessory uses are permitted in this district: farm residential uses: one (1) single detached dwelling or mobile home per 64.8 hectares (160 acres); and other building, structures or uses secondary to the principal use and located on the same site. 20

23 5.3 DISCRETIONARY USES A. Discretionary Principal Uses The following principal uses may be permitted in this district at the discretion of Council, in specified locations and according to specified development standards: agri-business: abattoirs, agricultural chemical, bulk petroleum and fertilizer storage facilities, auction facilities, farm equipment sales and service, grain elevators and inland grain terminals, livestock assembly and brokerage yards, machine shops, salvage yards, seed cleaning and drying facilities, veterinary clinics, and welding shops; apiaries; archaeological and historic sites; aviaries; cemeteries; coal resource extraction operations; communication equipment and sales; construction services and related operations, storage and repair of construction equipment; fish farms; fur farms; greenhouses, tree nurseries and market gardens; institutional uses: community halls, educational institutions, health care facilities, and religious institutions; intensive livestock operations: feedlots, hatcheries, and pregnant mare urine operations; kennels and stables; low-intensity utility land uses; mechanics services; mushroom farms; oilfield facilities, equipment storage and repair; 21

24 private airports; recreational uses: bingo halls; campgrounds; drive-in movie theatres, golf courses, parks and sports fields, and shooting ranges; sand and gravel extraction and gravel crushing operations; single parcel country residential subdivisions: for new subdivisions, a maximum of one (1) single detached dwelling or mobile home per subdivision, to a maximum of two (2) single parcel country subdivisions per 64.8 hectares (160 acres); for existing single parcel country residential subdivisions; a maximum of one (1) single detached dwelling or mobile home per subdivision; temporary construction camps; trucking and transport services; wildlife management and conservation areas; other uses that council may consider to be appropriate. B. Discretionary Accessory Uses The following accessory uses may be permitted in this district at the discretion of Council: farm residential uses: a maximum of two (2) single detached dwellings, mobile homes, or semidetached, duplex or dormitory dwellings per 64.8 hectares (160 acres); semi-detached, duplex or dormitory dwellings must be: accessory to the agricultural operation, and used to accommodate joint owners or full-time workers engaged in the agricultural operation; existing non-conforming agricultural sites: for sites that are less than 8.1 hectares (20 acres) in size, a maximum of one (1) single detached dwelling or mobile homes per site, and for sites that are more than 8.1 hectares (20 acres) in size, a maximum of two (2) single detached dwellings or mobile homes per site; non-farm residential uses accessory to an approved discretionary use; home-based businesses; and the keeping and raising of animals and/or birds on single parcel country residential sites; a maximum of one (1) garden suite per subdivision, subject to Subsection 3.24 of the General Provisions. 22

25 5.4 SITE STANDARDS A. Site Area agricultural uses: minimum: 64.8 hectares (160 acres) or equivalent Equivalent means 64.8 hectares (160 acres) or a lesser amount that remains due to the original survey, road widening, road right-of-way or railway plans, pipeline development, or natural features such as water courses and water bodies. agri-businesses:! minimum: 2.0hectares (5.0 acres)! maximum 8.0 hectares (20.0 acres) archaeological and historic sites:! minimum/maximum: to be determined by demonstrated space needs cemeteries:! minimum/maximum: to be determined by demonstrated space needs coal resource extraction operations:! minimum/maximum: to be determined by demonstrated space needs farm residential uses (on a separate site):! minimum 0.8 hectare (2.0 acres)! maximum 16.0 hectares (40.0 acres) institutional uses:! minimum/maximum: to be determined by demonstrated space needs intensive livestock operations:! minimum: 2.0 hectares (5.0 acres) low-intensity utility land uses:! minimum/maximum: to be determined by demonstrated space needs private airports:! minimum/maximum: to be determined by demonstrated space needs recreational uses:! minimum: to be determined by demonstrated space needs sand and gravel extraction and gravel crushing operations:! minimum: 2.0 hectares (5.0 acres) single parcel country residential subdivisions:! minimum: 0.8 hectare (2.0 acres)! maximum: 8.0 hectares (20.0 acres) except for instances where natural features or boundary adjustments may create minor variances to these site area standards transmission lines and supplementary facilities:! minimum/maximum: to be determined by demonstrated space needs transportation corridors:! minimum/maximum: to be determined by demonstrated space needs wildlife management and conservation areas: minimum/maximum: to be determined by demonstrated space needs all other discretionary uses:! minimum: 1.0 hectare (2.4 acres)! maximum: to be determined by demonstrated space needs 23

26 B. Reduced Site Size An agricultural site of less than 64.8 hectares (160 acres) but not less than 16.2 hectares (40 acres) may be permitted at the discretion of Council in the following instances: i) for farm consolidation; ii) for providing a separate residential parcel for a retiring farm operator or for other families who contribute to the farming operation; iii) for farm debt restructuring; iv) for lease-to-own options; and v) other instances where Council has determined that the subdivision will not negatively affect the agricultural resource and will not remove significant agricultural land from production. C. Sites in Adjoining Rural Municipalities If an agricultural site within one rural municipality does not meet the minimum site area requirement, but the owner s total agricultural holding including site(s) in an adjoining rural municipality does, the site will be deemed to meet the requirement. D. Existing Non-Conforming Agricultural Sites An existing agricultural site that does not conform to the minimum site area requirement shall be deemed conforming if it was registered in the Land Titles Office before the effective date of this Bylaw. E. Existing Separate Farm Residential Sites An existing separate farm residential site that does not conform to the minimum or maximum site area requirements shall be deemed to be conforming if: i) it abuts an existing road; or ii) at Council s request, the owner agrees to construct or upgrade a road. 24

27 F. Farm Residences and Single Parcel Country Residential Subdivisions i) Council will not permit more than three (3) residences per 64.8 hectares (160 acres), except to allow discretionary residential development on existing non-conforming agricultural sites and on existing single parcel country residential subdivisions (see section 5.4.F.ii). This maximum of three (3) residences may be any combination of the following: a) permitted: one (1) farm residence per 64.8 hectares (160 acres); and/or b) discretionary: a maximum of two (2) additional farm residences per 64.8 hectares (160 acres) may be permitted at Council s discretion, and/or a maximum of one (1) residence per subdivision, to a maximum of two (2) single parcel country residential subdivisions per 64.8 hectares (160 acres), may be permitted at Council s discretion. ii) At Council s discretion, the maximum of three (3) residences per 64.8 hectares (160 acres) may be exceeded in the following instances: a) existing non-conforming agricultural sites: for sites that are less than 8.1 hectares (20 acres) in size, a maximum of one (1) farm residence per site may be permitted at Council s discretion, and for sites that are more than 8.1 hectares (20 acres) in size, a maximum of two (2) farm residences per site may be permitted at Council s discretion; and b) existing single parcel country residential subdivisions: a maximum of one (1) residence may be permitted at Council s discretion. c) garden suites: a maximum of one (1) garden suite per subdivision, subject to Subsection 3.24 of the General Provisions. 5.5 SETBACKS AND SEPARATION DISTANCES i) All buildings, structures, signs, trees, and earth and stone piles shall be set back a minimum distance of: a) 46 metres (150 feet) from the centreline of any municipal road allowance or provincial highway; 25

28 b) 92 metres (300 feet) from any municipal road or provincial highway intersection; or c) greater distances as required by Saskatchewan Highways and Transportation. ii) iii) All buildings, structures, signs, and earth and stone piles shall be set back a minimum of 46 metres (150 feet) from water courses or water bodies. At the discretion of Council, buildings, structures, signs, trees and earth and stone piles may be permitted within the minimum setback distances if: a) they were in existence before the effective date of this Bylaw; or b) they are limited by the physical characteristics of the site, or c) if in the opinion of Council they will not negatively impact on adjacent or surrounding land uses. iv) All permitted buildings, structures, signs, vegetation, and earth and stone piles within the minimum setback distance from a road or highway must: a) be more than 23 metres (75 feet) from the edge of a municipal road allowance or provincial highway; and b) comply with standards of Saskatchewan Highways and Transportation. v) Single parcel country residential subdivisions will be subject to the following minimum separation distances: a) 2.0 kilometres (1.2 miles) from: national, provincial, regional or municipal parks, wildlife areas, bird sanctuaries, an existing or proposed coal resource extraction operation, and airports; b) 915 metres (3,000 feet) from a solid waste management facility, or lands designated for the future development and/or expansion of a solid waste management facility; c) according to Saskatchewan Environment and Resource Management s A Guide to Sewage Works Design (1986), isolated residences should be located at least 300 metres (1,000 feet) from a sewage lagoon or from lands designated for the future development and/or expansion of a sewage lagoon; and if possible, 600 metres (2,000 feet) from these facilities for more than one residence; 26

29 d) 400 metres (1,200 feet) from: abattoirs and livestock assembly and brokerage yards, and agricultural chemical, bulk petroleum and fertilizer storage facilities; e) 201 metres (660 feet) from an existing or proposed sand or gravel extraction, gravel crushing or topsoil removal operation; and f) the minimum separation distances from intensive livestock operations as specified in the section 5.6.C of this Bylaw. Relaxations of the limits set out in (a) and (b) above may be permitted at Council s discretion. vi) All abattoirs, livestock assembly and brokerage yards, and agricultural chemical, bulk petroleum and fertilizer storage facilities will be separated by a minimum distance of 400 metres (1,200 feet) from any residential use on a separate site. 5.6 DEVELOPMENT STANDARDS FOR SPECIFIC USES A. Coal Resource Extraction Operations i) The development or expansion of a coal resource extraction operation requires a resolution by Council and a development permit. ii) iii) The development or expansion of a coal resource extraction will require approvals and permits from Saskatchewan Environment and Resource Management. After receiving a proposal for the development or expansion of a coal resource extraction operation Council may: a) refer the proposal to the Environmental Assessment Branch of the Saskatchewan Environment and Resource Management for environmental screening and possible environmental impact assessment; b) refer the proposal to SaskWater; or c) coordinate its decision on the proposal in consultation with provincial agencies. 27

30 iv) Coal resource extraction operations shall be: a) separated by a minimum distance of 2.0 kilometres (1.2 miles) from any residential use; b) set back a minimum distance of 46 metres (150 feet) from the centreline of any municipal road allowance or provincial highway; c) accessible to roads suited to the operation, or access shall be addressed in a development agreement. v) At the discretion of Council and in consultation with provincial agencies, relaxations in the minimum setback and separation distances may be permitted. vi) Before a development permit is issued for a coal resource extraction operation, the proponent and Council may enter into a development agreement which may specify any of the following conditions: a) compliance with Saskatchewan Environment and Resource Management s regulations and guidelines, including the Mineral Industry Environmental Protection Regulations and the Guidelines for the Reclamation of Previously Undisturbed Coal Mined Lands; and b) other conditions: the phasing of the operation, the provision of professional consultant reports to address environmental concerns, the identification of potential visual effects (i.e. weeds, loss of scenic quality) and proposed mitigation measures, the construction of fences and signs, the construction and maintenance of municipal roads, the routing of vehicles to mitigate noise, dust and dirt problems, the duration of the operation, the operating times of the operation, advertising and conducting a public meeting to present the proposal, the posting of a letter of credit, cash, or a performance bond, a reclamation plan, and any other conditions required by council in accordance with the policies of the Development Plan. 28

31 B. Sand and Gravel Operations and Topsoil Removal Operations i) The development or expansion of a sand and gravel extraction, gravel crushing or topsoil removal operation requires a resolution by Council and a development permit. ii) iii) The development or expansion of a sand and gravel extraction or gravel crushing operation may require approvals and permits from the landowner and from the provincial agencies listed in Saskatchewan Environment and Resource Management s Guidelines for Environmental Protection During Development and Restoration of Sand and Gravel Pits, After receiving a proposal for the development expansion of a sand and gravel extraction, gravel crushing or topsoil removal operation Council may: a) refer the proposal to the Environmental Assessment Branch of Saskatchewan Environment and Resource Management for environmental screening and possible environmental impact assessment; b) refer the proposal to SaskWater; or c) coordinate its decision on the proposal in consultation with provincial agencies. iv) Sand and gravel extraction, gravel crushing and topsoil removal operations shall be: a) separated by a minimum distance of 201 metres (660 feet) from any residential use; b) set back a minimum distance of 46 metres (150 feet) from the centreline of any municipal road allowance or provincial highway; c) accessible to roads suited to the operation, or access shall be addressed in a development agreement. v) At the discretion of Council and in consultation with Provincial Agencies, and adjacent affected landowners, relaxations in the minimum separation distances may be permitted. Council may hold a public hearing on the proposal. 29

32 vi) Before a development permit is issued for a sand and gravel extraction, gravel crushing or topsoil removal operation, the proponent and Council may enter into a development agreement which may specify any of the following conditions: a) compliance with Saskatchewan Environment and Resource Management s Guidelines for Environmental Protection During Development and Restoration of Sand and Gravel Pits, 1983; and b) other conditions: a restoration plan, the after-use of the site, the phasing of the operation and site restoration, the identification of potential environmental problems (i.e. drainage, erosion, noise, dust and dirt) and proposed mitigation measures, the identification of potential visual effects (i.e. weeds, loss of scenic quality) and proposed mitigation measures, the construction of fences and signs, the construction and maintenance of municipal roads, the routing of vehicles to mitigate noise, dust and dirt problems, the duration of the operation, the operating times and the haul times of the operation, the posting of a letter of credit, cash or a performance bond, and any other conditions required by Council in accordance with the policies of the Development Plan. C. Intensive Livestock Operations i) Intensive livestock operations (ILOs) may be permitted subject to: a) the development standards set out in section 5.6C. of this Bylaw; b) the objectives and policies for ILO s identified within the Basic Planning Statement; c) any other requirements of Council; and d) the separate requirements and permitting process of Saskatchewan Agriculture and Food, which administers The Agricultural Operations Act and associated regulations. 30

33 ii) The development or expansion of an ILO or the construction or alteration of ILO facilities: a) requires a resolution by Council and development permit; and b) may require a permit from Saskatchewan Agriculture and Food, in accordance with The Agricultural Operations Act and associated regulations. iii) After receiving a proposal for the development or expansion of an ILO or the construction or alteration of ILO facilities Council may: a) refer the proposal to Saskatchewan Agriculture and Food for review; b) coordinate its review with Saskatchewan Agriculture and Food to allow full consideration of the proposal; c) require professional consultant reports to address environmental concerns including the potential effects of the ILO on groundwater and surface water resources; d) require the proponent to obtain written consent from adjacent affected landowners; and e) require the proponent to advertise and conduct a public meeting to present the proposal. iv) Approval of an intensive livestock operation shall be for a specific maximum number of animal units specified by council as a condition of the development permit. A new discretionary approval shall be required to expand the intensive livestock operation, or to substantially alter the species of animals in the operation. v) At the discretion of Council and in consultation with Saskatchewan Agriculture and Food, affected landowners and affected adjacent municipalities, relaxations in the minimum separation distances identified in the table below may be permitted to a maximum variance of 20%. 31

34 vi) ILOs shall meet the following minimum separation distances from residential uses. MINIMUM SEPARATION DISTANCES FROM RESIDENTIAL USES (metres) Residential Population Single family dwelling not owned by ILO operator Number of Animal Units ** ,999 2, metres 305 metres 400 metres 800 metres 1,200 metres Urban Municipality or Hamlet ,000 5, , ,200 1,600 2,400 1,200 1,600 2,400 3,200 1,600 2,400 3,200 4,800 * Measured from the nearest boundary of the livestock enclosure and/or m anure storage area ** defined in The Pollution (by Livestock) Control Regulations,

35 D. Solid and Liquid Waste Management Facilities i) The development or expansion of a solid or liquid waste management facility (excluding ILO waste facilities) requires a resolution by Council and a development permit. (ILO waste facilities require a permit as part of the ILO development permit). ii) After receiving a proposal for the development or expansion of a solid or liquid waste management facility Council may: a) refer the proposal to the Environment Assessment Branch of Saskatchewan Environment and Resource Management for environmental screening and possible environmental impact assessment; b) refer the proposal to SaskWater; c) refer the proposal to Saskatchewan Heath; d) if necessary, require professional consultant reports to address concerns including the potential effects of the site on groundwater and surface water resources, and the potential effects of the storage and disposal of solid or liquid waste; or e) coordinate its decision on the proposal in consultation with provincial agencies. iii) The development, expansion and maintenance of solid and liquid waste management facilities shall meet the following requirements: a) development, expansion and maintenance shall be in accordance with provincial environmental and health regulations; b) the site shall be screened by a buffer strip or a berm; c) the site shall be fenced; d) precautions shall be taken to ensure that the site does not pollute groundwater resources; and e) prevailing winds shall be considered in the location of new sites. iv) Solid waste management facilities shall be separated from residential uses by a minimum distance of 915 metres (3,000 feet); and sewage lagoons shall be separated from residential uses according to the provisions in Saskatchewan Environment and Resource Management s A Guide to Sewage Works Design (1986). v) At the discretion of Council and in consultation with Saskatchewan Environment and Resource Management, and adjacent affected landowners, relaxations in the minimum separation distance may be permitted. Council may hold a public hearing on the proposal. 33