Zoning Bylaw No. 3/93 — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 3d0c032e3c99 · verified 2026-06-13 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## RURAL MUNICIPALITY OF MARQUIS NO. 191 ## ZONING BYLAW NO. 3/93 Prepared for Rural Municipality of Marquis No. 191 and Saskatchewan Rural Development Propared by UMA Engineering Ltd. Engineers, Planners and Survoyors February 1993 ## TABLE OF CONTENTS | SECTION | SECTION | PAGE | |-----------|----------------------------------------------------------------------------------|--------| | PART I. | INTRODUCTION | 1 | | 1. | Title | | | | Authority | | | | Scope | | | | Purpose | | | | Severability | 1 | | | PART II. ADMINISTRATION | 2 | | 1. | Development Officer | 2 | | 2. | Application for a Development Permit | | | 3. 4. | Development Permit Requirements Development Permit Review and Referral Proces: | | | | Development Appeals Board and Appeal Procedure | | | 6. | Building Permit | 4 5 | | 7. | Amendments to the Zoning Bylaw | 5 | | 8. | Offences and Penalties | | | | PART III. GENERAL REGULATIONS | 5 | | 1. | Licences, Permits and Compliance with Other Bylaws | 6 | | 2. | One Principal Building or Use Permitted on a Site | | | 3. | Building to be Moved | | | 4. | Frontage on Road | | | | Grading and Levelling of Sites on the Valley Slopes of Buffalo Pound Lake | | | 6. | Removal of Vegetation | | | 7. | | | | | Public Utilities | | | 8. | Waste Disposal | | | 9. | | | | | Water | | | 10. 11. | Storage of Chemicals, Fertilizers, and Combustible Materials Non-conforming Uses | | | 12. | Areas Prohibited for Development | | 5 6 6 6 7 7 ## TABLE OFICONTENTS | SECTION | | | PAGE | |-----------|------------------------------------------|------------------------------------------|--------| | | 13. Regulations for Signs and Billboards | 13. Regulations for Signs and Billboards | | | | PART IV. ZONING DISTRICTS | PART IV. ZONING DISTRICTS | 11 | | 1. | | | 11 | | 2. | | | 11 | | 3. | | | | | | | | 11 | | 4. | | | 12 | | | | | 12 | | | | District 2: Aakestore Developmen | 25 | | | | | 31 | | | District 4: | | 33 | | | District 5: | | 35 | | PART V. | DEFINiTIONS | DEFINiTIONS | 37 | | PART VI. | EFFECTIVE DATE OF THE BYLAW | EFFECTIVE DATE OF THE BYLAW | 48 | ## ZONING BYLAW NO. 3/93 RURAL MUNICIPAIF OF MARQUIS NO. 191 ## PART I. INTRODUCTION ## 1. Title This bylaw shall be known as the "Zoning Bylaw of the Rural Municipality of Marquis No. 191". ## 2. Authority ursuant to section 67 of The Planning and, Development Act, 1983, the Council of th ural Municipality of Marquis No. 191 hereby adopts Zoning Bylaw No. 3/93 of the Rur Municipality of Marquis No. 191. ## 3. Scope All development within the limits of the municipality shall be in conformity with the provisions of this bylaw. ## 4. Purpose This is a bylaw to assist in implementing the Development Plan Bylaw No. 3/93, and to control the use and development of land in the municipality. ## 5. 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 bylaw as a whole, or any other part, section or provision of this bylaw. ## 6. Hazard Warning and Disclaimer of Liability The degree of hazard (le flooding, erosion, slope instability protection 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 hazard area boundaries will always be totally free from hazards or hazard ## PART II. ADMINISTRATION ## 1. Development Officer he rural municipal Council shall administer this bylaw. Council shall direct the ruri unicipal administrator: (development officer) respecting the issuance of developmer permits. ## 2. Application for a Development Permit very person snall complete an application for a development permit (which is availabl t the rural municipal office) before commercing any development within the municipality Developments which do not require a development permit include: - a. Farm Uses rarm buildings where applied to lal principal agricultural use within the zoning districts established by this bylaw. ## b. Public Utilities any operation for the purposes of inspecting, repairing, or renewing cables, mains ipes, sewers, tracks, wires or similar public works as required by a public utility ## Development Permit Requirements Every application for a development permit shall be submitted as prescribed in No. 2 above, and the following information (unless otherwise specified in this bylaw) will be required for the review and/or approval of the development officer : - a cop of aste plan or sour shoving the dinal pro or a developmente and the method and location of on-site sewage disposal facilities, and - any other information as may be required in support of the application. ## 4. Development Permit Review and Referral Process ## a. Approval 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, This development permit shall be effective for one year from the date of its issuance. A copy of all approved development permit applications involving the installation of water and sanitary services, shall be sent to the local office of Saskatchewan Health. ## b. Refusal - Right to Appeal If the application is denied, the reasons for the refusal shall be stated and the applicant shall be advised of the right to appeal the decision to the Development Appeals Board, subject to the provisions of The Planning and Development Act, ## C. Written Notification The applicant shall be notified in writing of the decision regarding the development permit application. ## 5. Development Appeals Board and Appeal Procedure - a. Council shall appoint a Development Appeals Board within three months from the date of the coming into force of this bylaw, in conformity with the provisions of The Planning and Development Act, 1983, - b. In addition to any other right of appeal provided by The Planning and Development Act, 1983, an appellant may appeal to the Development Appeals Board where a development officer: - i. is alleged to have misapplied the bylaw in issuing a development permit; or - ii. refuses to issue a development permit because it would contravene this bylaw. - C. An appellant shall make the appeal pursuant to subsection (2) within 30 days of the date of the issuance of, or refusal to issue, a development permit. - d. The Development Appeals Board, in determining an appeal under subsection (2): - i. is bound by the Development Plan Bylaw No. 2/93; - ii. nay contirm, revoke or vary a decision or development permit, or an itachea condition, or may substitute a decision, or permit, that it consider: advisable; - ill. 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 its opinion, such action would not: 5. rant to the applicant a special privilege inconsistent with th estrictions on the neighbouring properties in the same zonin district; or 6. amount to a relaxation of the provisions of this bylaw that would b contrary to its purposes and intent and would injuriously affect th neighbouring properties. - e. Nothing in this section authorizes a person to appeal a decision of the Council: - i. refusing to rezone their land;| - ii. rejecting an application for approval of a discretionary use. However, a development permit condition required by Council may be appealed. - f. here a person wishes to appeal to the Development Appeals Board, they sh le a written notice of their intention to appeal with the secretary of the Boar together with any sum of not more than $50.00 that the Board may specify, to be applied to the expenses of the appeal. - g. The provisions of The Planning and Development Act, 1983 shall apply, in making an appeal to the Development Appeals Board, and the Board hearing such an appeal. ## 6. Building Permit Where required, a building permit shall not be issued unless a development permit (where required) has been issued. ## Amendments to the Zoning Bylaw - a. council may amend this bylaw at any time, upon its own initiative or upon reques rovided that the amendments are in keeping with the intent of the Developmer Plan Bylaw No. 2/93. - b. Council shall require applicants to reimburse all or part of the cost associated with public advertisement of applications: 3. requesting an amendment to this bylaw, or 4. : approval of a discretionary use that Council wishes to advertise prior to issuance of a development permit. ## 8. Oftences and Penalties Any person who contravenes any of the provisions of this bylaw is guilty of an offence and is liable, on summary conviction, to the penalties provided by section 221 of The Planning and Development Act, 1983 which include: - a fine of not more than $1,000.00, - for each day during which the offence continues, and - : in the case of a continuing offence, to a further fine not exceeding $250.00 - · ## PART III. GENERAL REGULATIONS The following regulations shall apply to all Zoning Districts in this bylaw: ## 1. Ucences, Permits and Compliance with Other Bylaws Nothing in this bylaw shall exempt any person from complying with the requirements of a building bylaw, or any other bylaw in force within the municipality, or from obtaining any permission required by this, or any other bylaw of the municipality, the province or the federal government. 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. ## One Principal Building or Use Permitted on a Site Not more than one prinoipal building or use shall be permitted on any one site except for: - a. agricultural uses; - C. public utility uses. - b. institutional uses; or ## 3. Building to be Moved No building (except farm buildings which are exempt under the bylaw) shall be moved within, or into, the municipality without first obtaining a development permit from the development officer. ## 4. Frontage on Road A development permit shall not be issued unless the site intended to be used, or upon which a building or structure is to be erected, abuts, or has frontage on a grade -weather registered road, or unless satisfactory arrangements have been made with Council for the improvement or building or a road, where required. ## 5. Grading and Levelling of Sites on the Valley Slopes of Buffalo Pound Lake - a. To ensure adequate surface drainage is provided, any site proposed for development shall be graded and levelled at the owner's expense and the owner shall ensure that the surface drainage will not adversely affect adjacent property or the stability of the land. - b. All excavations or filling shall be revegetated with a suitable groundcover to prevent erosion, as may be necessary. - C. For any development in a flood hazard area, Council may request an evaluation Dy Saskatchewan Water Corporation of the proposed excavation or filling, prior to Council making a decision on issuing a development permit. ## Removal of Vegetation The removal of vegetation within 90 metres (300 feet) of a shoreline shall not be ermitted except for purposes of the construction of access ways or buildings and the clearing of dead or diseased trees. Access ways shall not be cleared greater than netres (9.8 feet) in width. For building construction, removal of trees further than netres (6.5 feet) from the building shall not be permitted. ## 7. Public Utilities Public utilities, excluding solid and liquid waste disposal sites, shall be permitted in every zoning district, and unless otherwise specified by this bylaw, no minimum site area or yard requirements shall apply. ## 8. Waste Disposal No development or use of land which requires sewage disposal or landfill facilities shall be permitted unless those facilities are approved by: - sewage lagoons and water treatment lagoons); - askatchewan Health (for private sewage disposal - other agencies. - askatchewan Water Corporation (for liquid manure injection rates); ar Jisposal of liquid, solid, or gaseous wastes are governed by Acts administered bi Saskatchewan Agriculture and Food, Saskatchewan Environment and Public Safety Saskatchewan Health and the Saskatchewan Water Corporation. ## 9. Water No development or use of land shall be permitted where the development proposal will: - requirements ## 10. Storage of Chemicals, Fertilizers, and Combustible Materials The storage of chemicals, fertilizers and combustible materials are subject to the requirements of Labour Canada and Saskatchewan Labour. All necessary permits and requirements must be met and obtained prior to issuance of a development permit. ## 11. Non-conforming Uses The provisions of sections 113 to 118 inclusive of The Planning and Development Act, 1983, shall apply to all non-conforming buildings and uses. ## 12. Areas Prohibited for Development ## a. Hazard Lands Where hazard ording cal evaluat ma resire brain to pay for al A dovended to development of abste or a dad located on an or are dision - in the opinion of Council, is hazard land, and would cause prohibitive costs for municipal or public works, or - excessive and conly serve go renegiant cours are a foding that. - a professional geotechnical or/hydrological evaluation requested by Council was not done, or ## b. Safe Building Elevation and the Take Line Lands No development shall be allowed below the minimum safe building elevation or within the Take Line lands. Council, at its discretion, may permit temporary (i.e. seasonal) developments such as gardens and boat docks subject to the owne btaining all the necessary approvals from Saskatchewan Natutal Resources an other agencies which may have development jurisdiction. ## C. Anhydrous Ammonia Separation Distances A development permit for residential, commercial, or industrial buildings shall not be permitted except in accordance with the recommended separation or buffer distances listed within Public Safety. These regulations may be amended from tire to time. Residences and buildings which are an integral part of the fertilizer operation, are not subiec to the foregoing buffer requirements. ## 13. Regulations for Signs and Billboards ## a. Permit Requirements The sign regulations of this bylaw will be administered by issuance of a development permit by the development officer. All signs situated along a highway or in a highway sign corridor are required to comply with The Erection of Sign Adjacent to Provincial Highway Regulations, 1986 as may be amended from tim ## b. Signs and Billboards requiring a Development Permit Signs and billboards located outside of a highway sign corridor will require a development permit if the following uses or occupations on municipal premises are advertised: - agricultural commercial uses, - principal products offered for sale. - : home occupations, principal use of a premises, or These signs and billboards are subject to the following requirements: - i) no more than two (2) signs will be permitted on the premises; 2. ії) each sign may be double faced; 3. iii) io sign shall be excess of 6 square meters (64.5 square feet) in area, bl he two (2) permitted signs may be combined and the total facial area sha 4. iv) the maximum height of any sign shall be 6 meters (20 feet); and - v) any other conditions as may be required by Saskatchewan Highways and Transportation's The Erection of Signs Adjacent to a: Provincial Highway Regulations, 1986 as may be amended from time to time. ## C. Signs Not Requiring a Development Permit - ddress Signs - one address designation per use which denotes th umerical address and/or name of the occupar - Construction Signs - signs that indicate the impending development of a site are permitted on a temporary basis - Anipular bals, Shas abile, or insed side or see alerting promotional signs - Directional Signs - signs such as traffic warning signs, parking or no trespassing signs - Election Signs - election signs for any level of government are permitted ## 14. Home Occupation Standards Home occupations are permitted subject tol the discretion of Council and in accordance with the following conditions: - a. No person other than the occupants immediate family and one paid assistant (approved in principle by the development officer) shall be engaged in such occupations on the premises. - b. he use should not involve the display or storage of goods or equipment upon o side the premises such that these items are exposed to public view from th exterior. - C. No variation in the residential character and appearance of the dwelling, ancillary residential building, or land shall be permitted. - d. Advertising signs may be limited in size and number by theldevelopment officer. - e. The use shall not generate substanțially more vehicular and/or pedestrian traffic and vehicular parking than normal within the district. - f. The permitted use shall be valid only for the period of time the property is occupied by the applicant for such permitted use. - g. All permits issued for home occupations shall be subject to the condition that the permit is renewed annually and may be revoked at any time if, in the opinion of the development officer, the use is or has become detrimental to the residential character and amenities of the area. ## PART IV. ZONING DISTRICTS ## 1. Classification of Zoning Districts For the purpose of applying this bylaw; the municipality has provision for the following zoning districts: - Agricultural District - CA Conservation District - CR Country Residential District - M1 Light Industrial and Highway Commercial District - LD Lakeshore Development District ## 2. Boundaries of Zoning Districts The boundaries of the Zoning Districts arejshown on the maps entitled, "Zoning District Map" which is attached to this bylaw, and! forms part of the bylaw. nless otherwise shown, on the Zoning District Map, the boundaries of the said distric re site lines, centre lines of streets, lanes, roads or such lines extended and th boundaries of the municipality. ## 3. The Zoning District Map as the "Zoning District Map" and such map is hereby declared to be an integral part of ## A. PURPOSE The purpose of the Agricultural Zone is to accommodate agricultural and agriculture related developments and subdivisions. ## B. DEVELOPMENT Subject to all other provisions of this bylaw, on any site, in any zoningi district defined in this bylaw as an A - Agricultural District, only the following developments lahd subdivisions and their respective accessory uses shall be permitted: ## C. PERMITTED USES ## 1. Principal Uses ## a. Agricultural Uses Animal and poultry raising, dairy farming, field crops, grazing, ranching and other - b. Existing residential uses in the Hamlet of Rowletta at the time of passage of this bylaw. ## c. Other Cemeteries, historical and archaeological sites, institutional uses and facilities, places of worship, wildlife and conservation management areas. ## 2. Uses Permitted at Council's Discretion The following principal and their respective accessory uses may be permitted, but only by resolution of Council and only in locations and with development standards specified by Council: - a. Agricultural related commercial uses and other similar uses: - i. agro-chemical facilities including agricultural chemical, bulk petroleum and fertilizer storage facilities; grain elevators, inland grain terminals and accessory buildings; seed cleaning and drying facilities and similar uses - ili. livestock facilities including abattoirs, auction facilities, commercial fish farms, livestock assembly and brokerage yards, veterinary clinics and similar uses. - ii. farm equipment uses including farm implement sales, service and repair uses; machine shops and accessory structures; salvage yards; welding shops and similar uses - b. Airstrips, private or licensed - d. Extraction including the expansion or development of gravel/sand pits and gravel crushing operations - C. Apiaries and aviaries - e. Farm vacation, bed-and-breakfast operations and other similar uses - g. Greenhouses, market gardens, tree and garden nurseries - f. Fur farms, kennels and stables - h. Intensive livestock and poultry operations, feedlots, hatcheries, pregnant mare urine operations - j. Mushroom farms - i. Light industrial uses, including warehouses which do not involve petroleum, chemical or metal refining/processing as a principal operation - K. Recreational use, including boat launches, drive-in theatres, goif courses, parks and sports fields - m. Solid and liquid waste disposal sites 1. Residential uses, including single detached dwellings and mobile homes on a separate farmstead, retirement or country residential sites Items a, c, g, h, j and k only, may include residential dwellings as a permitted accessory use. ## Accessory Uses Buildings, structures or uses secondary to the principal use and located on the same site are permitted. Accessory uses include: i - Two residential single detached dwellings (including a mobile home on a permanent foundation) are permitted as an accessory use to a'principal agricultural holding (i.e the total agricultural sites owned by an agricultural operator). - Additional accessory residential single detached, duplex, semi-detached or dormitory dwellings (including a mobile home on a permanent foundation) may be permitted to develop on agricultural holdings at Council's discretion subject to: - i. the residential building(s) islaccessory to the agricultural operation, and - ii. the residential building(s) is used to accommodate full-time workers engaged in the agricultural operation, or joint owners of the agricultural site who participate on a regular and active basis in the agricultural operation. - c. A development permit for an accessory farm residential dwelling shall not constitute a recommendation ofisubdivision approval for a separate residential site. ## B. AGRICULTURAL DISTRICT REGULATIONS ## Minimum Site Standards ## a. Permitted Use Agricultural Site - i. Minimum Site Size is the Quarter Section (64.8 hectares) One quarter section, 64.8 hectares (160 acres) or equivalent, shall be the minimum site area required to constitute a farm land holding. Equivalent shall mean 64.8 hectares (160 acres) or such lesser amount as remains in an agricultural site because of the registration of road widening, road right-of-way or railway plans or pipeline development, or natural features such as streams or bodies of water, or as a result of subdivisions, as permitted herein. ## її. Existing Registered Agricultural Site Any agricultural site which does not conform to the minimum site area requirement of 64.8 hectares (160 acres) shall be deemed conforming if it has a minimum site area of 16.2 hectares (40 acres), provided that a registered separate title for the site existed in the Land Titles Office: prior to the coming into force of this bylaw. ## ili. Reduced Agricultural Site Size A reduced agricultural site below 64,8 hectares (160 acres), but not below 14.0 hectares (34.59 acres), may be permitted for the purposes of: - : farm debt restructuring farmland consolidation: and estate planning settlement, and - lease-to-own options or similar situations, as per the policy statement and subject to resolution of Council. ## iv. Landholdings in adjoining Rural Municipalities A person not meeting the minimum agricultural site area requirement of 64.8 hectares (160 acres) or equivalent in the municipality, but who owns land in an adjoining rural municipality, shall qualify to meet the minimum area requirements of this bylaw provided that the following conditions are met: - the person is a farmer - the person is engaged in a principal agricultural use of the land, and - the total farm landholding of this person within both the rural municipalities is a minimum of 64.8 hectares (160 acres) or equivalent. - Other Uses (cemeteries, historical and archaeological sites, institutional uses and facilities, places of worship, public utilities, wildlife and conservation management areas Minimum area: no minimum - Discretionary Agricultural Uses - i. All discretionary agriculturaliuses shall conform to the following regulations shall except for the uses listed below: - ii. Agricultural related commercial use - ili. Airstrips - iv. Extraction (sand/gravel operations) - V. Intensive livestock operations - vi. Recreational uses (tourist campsites, trailer parks, drive-in theatres, archaeological and historic sites) Minimum: Maximum: 1.0 hectares (2.4 acres) site area to be determined by demonstrated space needs necessary for alviable principal agricultural use. Minimum: 2.0 hectares (5:0 acres) Maximum: 8.0 hectares (20 acres) Minimum: 1.0 hectares (214 acres) Maximum: site are to beldetermined by demonstrated space needs necessary for a viable principal agricultural use. Minimum: 2.0 hectares (5.0 acres) Minimum: 2.0 hectares (5.0 acres) Minimum: site area to be determined by demonstrated space needs ## vii. Residential use Council will permit one (1) separate single detached or mobile home residential site per 64.8 hectares (160 acres). Minimum: 0.8 hectares (2:0 acres) Maximum: 8.0 hectares (20.0 acres), except that the maximum site area may be a greater area depending on existing physical circumstances, i.e., limitations or demarcations, peculiar to a proposed non-farm residential site, such as a shelter belt or topographical restraints or irregular shaped parcels. Existing separate farm or single parcel country residential sites shall be deemed to be conforming sites, and which abut an existing public road, or for which the applicant agrees to construct or upgrade a road, at Council's request. ## vili. Other uses Historical and archaeological sites, public utilities and wildlife and conservation areas. Area: no minimum ## 2. Building Set-back Requirements from Roads and Watercourses - a. All buildings, structures, signs, earth and stone piles, and vegetation shall be set back a minimum distance of: - i. 46 metres (150 feet) from the centre line of any municipal road allowance - or provincial highway ::: - ili. greater distances as required by Saskatchewan Highways and Transportation. - ii. 92 metres (300 feet) from "any municipal road or provincial highway intersection, or - iv. Side yards: 15 metres (50 feet) Rear yards: 15 metres (50 feet) - To avoid undue hardship and excessive development posts, Council, at its discretion may permit buildings, structures, signs, earth and stone piles or vegetation that existed at the time of passage of the zoning bylaw, or due to existing physical circumstances peculiar to the site, to locate closer to municipal road allowances and intersections: However, no building, use or vegetation shall: - i. be located closer than 23 metres (75 feet) to the edge ofla road allowance, or - ii. violate the standards of Saskatchewan Highways and Transportation, or any other regulatory requirements. - C. Existing development separation distances which do not: meet the required separation distance, shall be deemed to be conforming. ## 4. Approvals and Development Stahdards for Discretionary. Uses - a. Agriculture related commercial uses (specifically abattoirs, bülk petroleum and fertilizer storage facilities, anhydrous ammonia facilities and livéstock assembly and brokerage yards) 2. Development Standard: A minimum distance of 305 metres (1,000 feet) shall be provided between any residential building on a separate site and these uses. - b. Extraction (sand/gravel operations)  ## Approvals and Permits Required The development of sand and gravel operations may require a number of approvals and permits from the rural municipal Council and the provincial government: - 1) Council requires for the development and expansion of sand and gravel operations: 2. a resolution by Council, and 3. a development permit which may be obtained from the development officer, and - 2) approvals/permits from the landowner and provincial agencies listed in Saskatchewan Environment and Public: Safety's Guidelines for Environmental Protection During Development and Restoration of Sand and Gravel Pits, 1983. ## її. Review Process Upon receiving a proposal for the development of a sand and gravel operation, Council may; - refer the development proposal to Environmental Assessment Branch, Saskatchewan Environment and Public Safety (SEPS) to coordinate environmental screening and assessment; - refer the development proposal to Saskatchewan Water Corporation; coordinate its decision on the development proposal in consultation with provincial agencies. ## iii) Development Standards Sand and gravel operations as defined by this bylaw will be required to have the minimum separation distance(s) from land uses as listed below. - 1) 805 meters (0.5 miles) from any residence - 2) 45.7 meters (150 feet) from the centre of a developed road allowance - accessible to roadways suited to the operation, and if this is not the case, the developmentlagreement shall address this concern - 5) hazard lands as outlined in Part !!! 12 of this bylaw. - not be developed on lands which have unique environmental, recreational, habitat or heritage potential Council, at its discretion and in consultation with the appropriate provincial agencies, may reduce the minimum separation distances between aggregate extraction operations and other developments if: - 1) the operator/owner, consults the affected neighbours and - 2) the affected neighbours provide written acknowledgement and agreement to the reduced separation distancesi: Prior to the issuance of the development permit, the developer and Council may enter into a development agreement which defines the responsibilities of the developer with respect/to aggregate resource extraction. The development agreement may specify any of the following items: - 1) compliance with Saskatchewan Environment and Public Safety's Guidelines for Environmental Protection during Development and Restoration of Sand and Gravel Pits; - 2) any other conditions with respect to the planning, siting, operation, and restoration of the! site including: 3. : specifying the after-use of the site phasing of operational and restoration components 4. the identification of potential environmental problems (i.e. drainage, erosion control, noise, dust and dirt) and proposed mitigation measures 5. he visual effects on the site (i:e. weeds) and the landscap (i.e. loss of scenic qualities) and proposed mitigatio ## measures - the erection of fencing and signs the routing of trucks to avoid noise and dust problems the development and maintenance of municipal roadways - compensation to adjacent land owners: - the posting by the developer of a lettér, of credit, cash or a performance bond to guarantee adherence requirements - or any others that Council may specify. ## C. Intensive Livestock Operations ## i) Approvals and Permits Required The development of intensive livestock operations may require two separate approval/permit processes from the rural municipal Council and Saskatchewan Agriculture and Food: - 1) Council requires for the development or expansion of intensive livestock operations (LO's) and/or the construction/alteration of ILO facilities: 2. a resolution by; Council, 3. consultation with affected neighbours, and a written acknowledgement of consultation and agreement. 4. a development permit which may be obtained from the development officer, - 2) Saskatchewan Agriculture and Food may require a permit for intensive livestock operations and facilities: 6. .. that are within 305 metres (1,000 feet) of a water course or body of water; or 7. that are greater than 300 animal units; or 8. that are within 305 metres (1,000 feet) of a dwelling: or 9. : which include earthen manure storage or a lagoon. ## il) Review Process Upon receiving an ILO development proposal, Counoil will: - refer the ILO development proposal to Extension Services, Saskatchewan Agriculture and Food (SAF) to establish SAF's permit requirements; - coordinate its review With Saskatchewan Agriculture and Food to enable full consideration of the development proposal; - if considered necessary, require engineering reports to address concerns such as the storage and disposal of manure; and the potential effects of the!!LO on the ground water supply and surface water drainage; - if considered necessary, advertise the proposed development an old a public meeting for the presentation of the developmer proposal by the proponent; and - coordinate its decision on the development proposal in consultation with Saskatchewan Agriculture and Food. ## iii) Development Standards Intensive livestock operations (ILO) as defined by this bylaw will be required to have the minimum separation distance(s) from residential uses as listed below. Council may relax these requirements in: consultation with Saskatchewan Agriculture and Food and subject to a written agreement, appropriate caveat and registration between adjoining landowners. ## MINIMUM SEPARATION DISTANCES FROM RESIDENTIAL USES | RESIDENTIAL | NUMBER OF ANIMAL UNITS* | NUMBER OF ANIMAL UNITS* | NUMBER OF ANIMAL UNITS* | NUMBER OF ANIMAL UNITS* | NUMBER OF ANIMAL UNITS* | |------------------------|---------------------------|---------------------------|---------------------------|---------------------------|---------------------------| | POPULATION | 10-50 | 50-300 | 300-500 | 500-2000 | >2000 | | Singia family dwelling | | | | | | | not owned | 305m | 305 m | 400 m | 800m, | 1200 m | | try ILO operalor | | | | | | | < 100 | 400 | 400 | 800 | 1200: | 1600 | | 100 - 500 | 400 | 800 | 1200 | 1600 | 2400 | | 500 - 5000 | 800 | 800 | 1600 | 2400 | 3200 | | > 5000 | 800 | 1600 | 2400 | 3200 | 4800 | ## d. Solid and Liquid Waste Disposal Facilities The development and maintenance of solid or liquid waste disposal facilities will be subject to the following standards: - i) development and site maintenance will be accordance with provincial environmental and health regulations; 2. ii) a buffer strip containing trees, shrubs or a berm shall surround the disposal area; 3. iii) any solid or liquid waste disposal facility will be fenced; 4. iv) adequate precautions will be taken to prevent the pollution of ground water by disposal operations; - v) the siting of any new disposal sites will consider the direction of prevailing winds; 6. vi) solid waste disposal facilities will be located 914.4 meters (3,000 feet) from any residences unless the affected parties agree to a relaxation of this requirement; - vii) solid waste disposal facilities, shall be located adjacent to an all-weather road and in proximity to a provincial highway; and - vili) further regulation of solid waste disposal sites may be achieved by the adoption and administration of a Waste Management Bylaw. - Occupation Standards for Non-farm Enterprises based on theiFarm - i. On-farm diversification should hot lead to the creation of new lots. - її. Council may require the scale of the non-farm enterprise(s) be regulated to alleviate any pressure for the creation of new lots. - iv. Non-farm enterprise(s) should be owried by the agricultural operator(s) who own the farmland. - ili. Non-farm enterprise(s) should not permanently alter the use of farmlard. - Council may require non-farm enterprises such as farm vacation and bedand-breakfast operations to meet the following provisions: - separation distances from livestock operations, and - density provisions - locational criteria and screening. ## DISTRICT 2: LAKESHORE DEVELOPMENT DISTRICT (LD) ## A. PERMITTED USES Subject to all other provisions of this bylaw, on any site, in any district defined in this bylaw as LD - Lakeshore Development District, only the following uses shall be permitted: 1. Principal Uses - a. Residential: single-detached dwellings. ## 2. Uses Permitted at Council's Discretion The following uses may be permitted by resolution of Councit and in.locations and under conditions specified in such resolution subject to the requirements of this LD - Lakeshore Development District: - a. Mobile homes following removal therefrom of wheels and axles and following the placement thereof on a raised permanent foundation. - b. Boat houses. 3. c. - d. Personal service shops - e. Public utilities - g. Restaurants and take out food establishments - f. Recreational uses including boat launches and docks, golf courses, parks, picnic grounds, public beaches and sports fields. - h. Retail merchandise shops 9. i. - j. Tourist campgrounds and tourist parks - I. Service stations and gasoline service bars - K. Commercial recreational uses ## Accessory Uses The following accessory uses are permitted: - a. Buildings, structures or uses secondary and accessory to, when located on the same site with the principal use. 2. Single-detached dwellings accessory to the principal use. 3. LAKESHORE DEVELORMENT. DISTRICT REGULATIONS! 1. Minimum Site, Yard and Building Requirements ## a. Residential Uses - i. ii. Area Site Frontage 1,115 square metres (12,000 square feet) 23.0 metres (75.0 feet) - except for non-rectangular sites which shall meet the minimum frontage requirements of The Subdivision Regulations, 1983 pursuant to section 136 of The Planning and - ili. Front/Rear Yard 7.6 metres (25.0 feet) - iv. Side Yard 3.1 meties (10.0 feet) (§ + €x 1) - V. Floor Area 50 square metres (538 square feet) - vi. Residential lots existing on, jor before, the passing of this bylaw, shail be considered to be conforming with respect to the minimum site area and frontage requirements of this bylaw. Development Act, 1983. - Recreational Uses and Discretionary Uses - No minimum site size requirements. - C. Resort Commercial Minimum Site, Yard and Building Requirements 2. V. - i. Width - ii. Area - ili. Front/Rear Yard - iv. Side Yard 15.0 metres (50.0 feet) - 500.0 square metres (5,385.0 square feet) 7.6 metres (25.0 feet) 3.1 metres (10.0 feet) - Maximum Height 10.5 metres (35.0 feet) ## 2. Approvals and Development Standards The development of a cottage or subdivision may require five (5): separate permits or approvals from: - the Rural Municipality of Marquis No. 191 - Saskatchewan Natural Resources (Fisheries Branch) - Saskatchewan Health - Saskatchewan Natural Resources (Resource Lands Branch), and - Saskatchewan Water Corporation ## i) Approvals and Permits Required - Rural Municipality of Marquis No. 191 requires a development permit which may be obtained from the development officer - Saskatchewan Health requires a permit from the public health inspector - c) Saskatchewan Natural Resources, Fisheries Branch requires a Shoreland Alteration Permit or a Fish Habitat Alteration Permit for developments on Grown shorelines which involve the dredging, filling or displacement of beach material and rocks - d) Saskatchewan Natural Resources, Resource Lands Branch requires a disposition via permits, leases or sale of Crown lands. Specifically, permits are required for recreational uses in the take line lands - Saskatchewan Water Corporation requires an easement for water level fluctuations. ## DISTRICT 3: CONSERVATION DISTRICT (CA) ## A. PERMITTED USES Subject to all other provisions of this bylaw, on any site, in any district defined in this bylaw as CA - Conservation District, only the following uses and their respective accessory uses shall be permitted: ## Principal Uses - a. Existing uses: those existing activities and their uses are deemed to be conforming provided that they exist prior to the effective date of this bylaw 2. Extensive agricultural uses such as community pastures - b. Afforestation projects, forest management and silviculture - d. Institutional camps in existence at the time of the passage of this bylaw 5. Nature exhibits and interpretive sites - f. Recreational uses including cross-country skiing, hiking trails, nature trails and snowmobile trails - g. Wildlife and wildfowl habitat and conservation projects - h. Other passive open space recreational activities ## 2. Uses Permitted at Council's Discretion The following uses shall be permitted, but only by resolution of Council and only ir locations and under conditions specified in such resolution by Council: - a. Residential use, on sites having a registered Certificate of Title thereof in existence at the time of passage of this bylaw and having access to an all-weather road, in which case one residence will be permitted. ## 3. Accessory Uses uildings, structures or uses accessory to, and located on the same site with main us xcluding any habitable building or structure Such accessory uses may include: - %. Related equipment storage structures, for pumphouses Shelters - Viewing platforms ## B. CONSERVATION DISTRICT REGULATIONS 1. Site Area Requirements No minimum. ## DISTRICT 4: ## A. PERMITTED USES Subject to all other provisions of this bylaw on any site, in any district defined in this bylaw as CR - Country Residential District, only the following uses shall be permitted: 1. Principal Uses - a. Residential use: single-detached dwellings ## 2. Discretionary Uses The following uses of land, buildings, or structures may be permitted, but only b esolution of Council and only in locations and with development standards specified b Council: - a. convenience or confectionery uses including gas bars 2. institutional uses such as churches, education and/or religious institutions, - c. recreational uses related to country residential development including community centres, golf courses, parks and public sports fields. ## Accessory Uses Buildings, structures, or uses accessory to, and located on the same site with the main use, including the keeping and raising of animals and birds, except for pigs and mink, accessory to the main residential uses. ## B. COUNTRY RESIDENTIAL DISTRICT REGULATIONS ## Site Area Requirements ## a. Residential Uses Minimum: 2.0 hectares (5.0 acres) Maximum: 8.1 hectares (20.0 acres) ## b. Discretionary Minimum: 2.0 hectares (5.0 acres) ## 2. The Keeping of Animals on Residential Sites - animals shall be limited in number as determined by The Pollution (By Livestock) Control Regulations, 1992 - the manner in which the keeping of animals will be conducted will be required to be indicated on the development permit application form - wildings used for housing animals and agricultural-related materia hall be setback 15 metres (50 feet) from residential buildings, wate supplies and all site lines - Council may limit the number of animals kept on a residential site to achieve the above development standards - Council may require the applicant to enter into a development or servicing agreement to ensure the preceding development standards ## DISTRICT 5: LIGHT INDUSTRIAL AND HIGHWAY COMMERCIAL DISTRICT ## A. PERMITTED USES : Subject to all other provisions of this bylaw, on any site, in any district defined in this bylaw as M1 - Light Industrial and Highway Commercial District, only! the following uses and their respective accessory uses shall be permitted: ## Principal Uses - a. Automobile and agricultural implement sales and services 2. Automotive service stations and gas, bars 3. d. 4. Convenience stores - e. Public utilities ## 2. Uses Permitted at Council's Discretion - a. Auction marts - C. Restaurants - b. Nurseries and greenhouses - d. Storage facilities, warehouses, supply and distribution facilities - f. Welding and machine shops - e. Veterinary clinics ## 3. Accessory Uses For the purpose of this bylaw, uses customarily incidental and subordinate to principal permitted and discretionary uses shall be considered an accessory use. - LIGHT INDUSTRIAL AND HIGHWAY COMMERCIAL DISTRICT REGULATIONS - Site Area Requirements (excluding public utilities) - a. Permitted Uses - b. Discretionary Uses 2. Site Frontage - a. All uses 3. Yard Requirements - a. Front yard, all uses Minimum: Maximum: 2.0 hectares (5.0 acres) 8.1 hectares (20.0 acres) Minimum: 1,114.8 square metres (12,000.0 square feet) Minimum: 45.7 metres (150.0 feet) Minimum: 7.6 metres (25.0 feet) - b. Side yard, all uses Minimum: 3.1 metres (10.0 feet) on each side ## PART V. DEFINITIONS Whenever in this bylaw the following words or terms are used, they shall, unless the context otherwise provides, be held to have the following meaning! ## Accessory Building: Shall mean a separate building or structure normally incidental to the principal building or structure on the same site. ## Accessory Use: Shall mean a use customarily incidental and subordinate to the principal use or building and located on the same site with such principal use or building. Act: Shall mean The Planning and Development Aot, 1983; as amended. ## Agricultural Holding: Shall mean the cumulation of all șites owned by an agricultural operator and does not include a hobby farm or country residence. ## Agricultural Operator: Shall mean a household unit who has a source of income and is engaged in agricultural production on an agricultural holding. Agriculturally Related Commercial Use: see Use, Agriculturally Related Commercial. ## Alteration: Shall mean any structural change or addition made to any building or structure. ## Animal Unit: Shall mean the kind and number of animals calculated in accordance with The Pollution (by Livestock) Control Regulations, 1991. ## Applicant: Shall mean a developer or person applying for a development permit under this bylaw. ## Billboard: Shall mean a poster panel or painted bulletin and includes any structure panel, board or object designed exclusively to support such poster, panel or a painted bulletin. ## Building: Shall mean a structure used for the shelter or accommodation of persons, animals, or chattels ## Building Accessory: Shall mean a subordinate detached building appurtenant to a main building or main use and located in the same site, the purpose of which is to provide better and more convenient function of the main building or main use: ## Building Permit: Shall mean a permit issued under a building bylaw of the municipality authorizing the construction of all or part of anyibuilding. ## Building Residential: Shall mean a single-detached, semi-detached, duplex or mobile dwelling unit. ## Building Site: Shall mean the specific site on which the principal building is to be erected. ## Campground, Tourist: Shall mean the seasonal operation of an area of land, managed as a unit, providing temporary short-term accommodation for tents, tent trailers, travel trailers, recreational vehicles and campers, used by travellers and tourists. ## Campsite, Tourist: shall mean a site which provides for the location of tents, trailers and traile oaches used by'travellers and tourists for overnight accommodatior ## Cluster: Shall mean a grouping of lots approved as a country residential development. ## Cottage: Shall mean a single-detached dwelling, mobile home or: trailer coach permanently constructed and placed on a site and used for limited seasonal occupancy ## Council: Shall mean the Council of the Rural Municipality of Marquis No. 191. ## Country Residential Use: Shall mean a dwelling or site whose owner's principal source of household income is from a source other than the principal agricultural use of that site. ## Developer: Shall mean the person or corporation, responsible for carrying out development. ## Development: Spat ran to argin and or thy nain any neil mine or ar of any building or land. ## Development Permit: Shall mean a document authorizing a development issued pursuant to this bylaw. ## scretionary Use: Shail mean a development which may be permitted in this bylaw only by resolution of Council and pursuant to section 74 of The Planning and Development Act, 1983. ## Dormitory Dwelling: Shall mean a building, room or set of rooms used for the habitation of one or more persons, but does not include eating quarters. ## Duplex Dwelling: Shall mean a detached building consisting of two dwelling units as herein defined, one above the other, each unit being totally separated from the other by an unpierced ceiling and floor extendingifrom exterior wall to extérior wall, except for a common stairwell exterior to both dwelling units. Dwelling, Dormitory: see Dormitory Dwelling. Dwelling, Duplex: see Duplex Dwelling. Dwelling, Semi-detached: see Semi-detached Dwelling. Dwelling, Single-detached: see Single-detached Dwelling. ## Dwelling Unit: Shall mean one or more habitable rooms constituting a self-contained unit and used or intended to be used together for living and sleeping purposes by one or more persons. Farmer: see Agricultural Operator. ## Farmstead Site: all mean a site which includes the residence of the farm operator and thos uildings or facilities which are related to the farm operation, and are norma surrounded by the farmstead shelterbelt. ## Floor Area: Shall mean the maximum habitable area contained within the outside walls or a building, excluding in the case of a dwelling, any private garage, porch, verandah, sunroom, unfinished basement, or attic. ## Hazard Land: Shall mean land which may be prone to flooding, slumping, subsidence, landslides, erosion, steep slopes, rock formations or any other instability, or is located within a flood plain or watercourse, or is characterized by poor drainage. ## Household Unit: Shall mean one or more persons occupying a dwelling and living as a single housekeeping unit. ## Home Occupation: Shall mean an accessory use carried on as an occupation conducted for gain in a dwelling by the resident or residents. ## Intensive Livestock Operation: hall mean an operation or facitiesi for the rearing, confinement, or feeding ultry, nogs, sheep, goats, cattle, horses or other animals: : Council requires development permit under this bylaw. ## Mobile Home: Shall mean a trailer coach: - that is used as a dwelling: - that is equipped with facilities for washing and water closet, or other similar racility, that may be connected to a sewage system. - that has water faucets and shower, or other bathing facilities, that may be connected to a water distribution system; and ## Mobile Home Court: Shall mean any tract or parcel of land on which two or more occupied mobile homes are harboured or are permitted, and includes any building or structure used or intended to be used as part of the equipment of such mobile home court. ## Municipality: Shall mean the Rural Municipality of Marquis No. 191. ## Non-conforming Bullding: ## Shall mean a building: - i. that is lawfully constructed or lawfully undericonstruction; or in respect of which all required permits have been issued, at the date a zoning bylaw or - any amendment to this bylaw. affecting the building or land on which the - ii. ## Non-conforming Use: Shall mean any use of land, building; or structure lawfully existing at the time of the passing of 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. ## Permanent Foundation (Mobile Home): As defined by Canada Mortgage and Housing Corporation's Planning for the Mobile Home: Advisory Document, NHA 5480 82/03 and Mobile Homes and the Vational Housing Act a permanent foundation for a mobile home shall mean posts piers or conventional foundations that are strong enough to: - i. hold the weight of the mobile home and its contents without collapsing or settling; - ili. remain stable from wind uplift; and - ii. remain stable despite soil movements caused by local soil conditions and/or the annual freeze/thaw cycles; - iv. accomplish items i, il and ill throughout the life of the mobile home ## Permitted Use: Shall mean those land uses permitted within a zoning district in conformity with the requirements specified in this bylaw. ## Principal Use: Shall mean the main activities conducted on a site. ## Principal Building: Shall mean the main building in which the principal use of the site is conducted. ## Principal Agricultural Use: Shall mean that the chief reason for the use and development of the land is its use for agricultural purposes, and that such use constitutes the chief source of income or anticipated chief source of income of the applicant for a development permit for ## Public Utility: Seeral pun a government or private enterprise which provides a service to the ## Reeve: Shall mean the Reeve of the Rural Municipality of Marquis No. 191. ## Road: Shall mean a public thoroughfare, which affords the principal means of access to abutting property, but shall not include an easement or lane. / ## Rural Municipal Administrator: Shall mean the official administrator for the municipality pursuant to The Rural Municipalities Act, 1989. ## School: used by and in connection with that body of pupils. ## Semi-detached Dwelling: Shall mean two dweiling units side by side in one building unit with a common party wall which separates, without opening throughout the entire structure, the two dwelling units. ## Sign: Shall mean any writing (including letter or word), billboard (pictorial representation including illustration or decoration character which: - i. is a structure or any part thereof, or is attached to, painted on, or in any manner represented on a building; - ili. is visible from outside the building. - ii. is used to announce direct attention to, or advertised; and ## Single-detached Dwelling: Shall mean a detached building consisting of one dwelling unit as herein defined, and occupied or intended to be occupied as a permanent home or residence, but shall not include a mobile home or trailer coach as herein defined. ## Site: Shall mean an area of land with fixed, boundaries and which has been registered in the Land Titles Office by Certificate of Title. Site Frontage: see Site Line, Front. ## Site Line, Front: Shall mean the boundary that divides the site from the street. In the case of a corner site, the front site line shall mean the boundary separating the narrowest street frontage of the site from the street. Site frontage for a non-rectangular site shall be defined as the mean of the measured front and rear site lines. ## Site Line, Rear: Shall mean a site boundary other than a front or rear site line: ## Street: Shall mean a public thoroughfare which affords the principal means of access to abutting property, but shall not include an easement or lane. ## Structure: Shall mean anything that is built, constructed, or erected, located in, on, or over the ground, or attached to something located in or over the ground. ## Subdivision: Shall mean a division of land, and includes a division of a quarter section into legal subdivisions as described in The Land Titles Act, R.S.S. 1978, c. L-5. Tourist Campground: see Campground, Tourist. Tourist Campsite: see Campsite, Tourist. ## Trailer Coach: persons notwithstanding that its running gear is removed or that lit is jacked-up. ## Tree Nursery: 1 : Shall mean the use of land for raising shrubs, trees and bedding plants for the express purpose of commercial sale. Use: Shall mean the purpose of activity for which a piece of land or its buildings is designed, arranged or intended, occupied or maintained. Use, Accessory: see Accessory Use. ## Use, Agricultural Related Commercial: Shall mean a service to the agricultural community such as auction marts, bulk fuel sales, fertilizer distribution, grain and seed cleaning and drying, implement and machinery assemblage, sale and service, stockyards, veterinary clinics and other similar uses. Use, Discretionary: Use, Non-conforming: Use, Permitted: Use, Principal: Use, Principal Agricultural: see Discretionary: Use. see Non-conforming Use. see Permitted Use. see Principal Use. see Principal Agricultural Use. ## Yard: Shall mean the open, unoccupied space on a lot between the property line and the front, rear, or side wall of a building.  ## Yard, Front: Shall mean that part of a site which extends across the full width of a site between the front site line and the nearest main wall of a building or structure. ## Yard, Rear: all mean that part of a site which extends across the full width of a site betwe e rear site line and the nearest main wall of a building or structur ## Yard, Side: hall mean the p ellen the sideline of a site and the nears rain wallo to a  33326000-23  ## Rural Municipality of Marquis No. 191 Zoning District Map ## Zoning Districts - A Agricultural - CA Conservation - CR Country Residential - LD Lakeshore Development - RC Resort Commercial - High ay Commercial - This is the Zoning District Map which accom Bylaw Number 3/93 odoplad by the Rurals Murally of Marquls ya. 191.     ·Cortified a true copy of the Zoning District Map, port of the bylaw adopted by rusplution of the Founcil, on the day 0174Gu$1993 A.D.  · Logand  urna Zoning Dimirlet Boundary Organized Homlel Boundary Incorporated Area of on Urbon Hunlelpallly toning Map Datal Sheet 1 of 2  A Agricultural CA Conservation CR Country Residential H Hamlet LD Lakeshore Development - Hahway Commercial   ## PART VI. EFFECTIVE DATE OF THE BYLAW - This bylaw shall come Into force on the date of final approval by the Minister of Rural Development.      2. Council Readings Read a First time this 5, day of April 1993. Read a Second time this day of April 1993. Read a Third Lime this 10, day of August , 1993. - Repeal of lle existing Zoning Bylaw No. 1/66 and all amendments therelo. CARLTY OF MARQUIS Seal SEAL Reeve* Rural Municipal Administrator Assistant Certified a true copy of Bylaw No. 3/93 passed by the Council of the Rural Municipality of Marquis No. 191 at a meeting held on August 10th, A.D. 1993. Assistant Adm mistrator 44 APPROVED REGINA, SAKA дод, DEPUTY MINISTER OF MUNICIPAL/GOVERNMENT