Zoning Bylaw No. 8-1981 (consolidated with amendments) — full text

This is the exact embedded text of the captured official document. Snapshot f30b97f0f9ee · verified 2026-06-13 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

1 | P a g e ZONING BYLAW NO. 8-1981 OF THE RURAL MUNICIPALITY OF SHELLBROOK No. 493 Being Schedule "B" to Bylaw No. 8-1981 of the Rural Municipality of Shellbrook No. 493 Consolidated version including the following Amendments (including Zoning District Map Amendments): Bylaw No. 01-1985 Bylaw No. 02-1985 Bylaw No. 08-1986 Bylaw No. 05-1989 Bylaw No. 02-1994 Bylaw No. 05-1995 Bylaw No. 02-1998 Bylaw No. 05-1998 Bylaw No. 01-1999 Bylaw No. 09-2000 Bylaw No 03-2003* Bylaw No 06-2003* Bylaw No. 02-2005 Bylaw No. 12-2005 Bylaw No 12-2005* Bylaw No. 07-2008 Bylaw No. 10-2008 Bylaw No. 08-2012 Bylaw No. 09-2012 Bylaw No. 04-2015 Bylaw No. 03-2016 Bylaw No. 2018-10 Bylaw No. 05/2019 Bylaw No. 11/2019 Bylaw No. 25/2019 NOTE: This consolidation is not official. Amendments have been incorporated into this document for convenience of reference, and the original bylaws should be consulted for all purposes of interpretation and application of the law. Bolded Bylaw numbers in the right-hand column reference the amending Bylaw. *Bylaw numbers that were adopted by Council, but not submitted to Community Planning for Ministerial Approval. CONSOLIDATION DATE: April 30, 2020 2 | P a g e TABLE OF CONTENTS TABLE OF CONTENTS......................................................................................................................... 2 PART I - INTRODUCTION ................................................................................................................... 2 PART II - ADMINISTRATION ............................................................................................................. 2 PART III - GENERAL REGULATIONS ................................................................................................ 8 PART IV - ZONING DISTRICTS ........................................................................................................ 10 PART V ZONING DISTRICT SCHEDULES ....................................................................................... 16 1. AR - Agricultural Residential District ........................................................................................ 16 2. H - Hamlet District .................................................................................................................... 21 3. CR - Country Residential District .............................................................................................. 24 6. LD - Lakeshore Development District ....................................................................................... 28 7. F - Forestry District ................................................................................................................... 30 8. M - Industrial District ................................................................................................................ 30 PART V - DEFINITIONS ..................................................................................................................... 32 Section 60 of the Planning and Development Act provides that the Council of a municipality may pass a Zoning Bylaw. Therefore, the Reeve and Council of the Rural Municipality of Shellbrook No. 493 in the Province of Saskatchewan in open meeting enact as follows: PART I - INTRODUCTION PART II - ADMINISTRATION 1. Short Title This Bylaw shall be known as the "Rural Municipality of Shellbrook No. 493 Zoning Bylaw." 2. Purpose of Zoning Bylaw This is a bylaw to control the use and development of land in the Municipality. 3. Scope No person shall carry out any development within the limits of the Municipality, except in conformity with the provisions of this Bylaw. 4. Definitions The list of definitions of words and terms used in the Bylaw, are included in Part VI. 1. Development Officer Bylaw No. 2018-10 Replaced Part II ALL (a) The Administrator of the RM of Shellbrook, including any person acting under the authority, direction, and with the consent of the Administrator and/or Council, shall be the Development Officer responsible for the administration of this Zoning Bylaw. Bylaw No. 2018-10 3 | P a g e 2. Application for a Development Permit Bylaw No. 2018-10 Every person, before commencing any development within the municipality, shall apply to the Secretary Treasurer for a development permit. A development permit does not exclude the need for other permits, approvals, or authorization. Bylaw No. 2018-10 (a) No person shall undertake a development or commence a use unless a development permit has first been obtained, except as provided in Part 2 Section 3 - Developments Not Requiring a Development Permit.(b) A development permit cannot be issued in contravention of any of the provisions of this Bylaw except as provided in an appeal pursuant to the Act. Bylaw No. 2018-10 (c) A building permit shall not be issued unless a development permit, where required, has also been issued. Bylaw No. 2018-10 (d) The application for a development permit shall be made to the Development Officer in "Form A" as adopted by Council, and the form content is not defined in this Bylaw. Bylaw No. 2018-10 (e) The application shall at minimum include the following items: (i) The submission of Development Permit Application (Form A) and a Building Permit application (where applicable); (ii) A site plan showing dimensions and locations of existing and proposed buildings and structures in proximity to site lines; (iii) Electronic copies of the building construction plans; (iv) The Development Officer or Council retains the right to ask for any studies or research necessary prior to making any decision on a development permit, at the cost of the applicant, such as Real Property Surveyor's Reports of the sites to ensure location of existing buildings and property lines. Bylaw No. 2018-10 (f) The Development Officer is responsible for reviewing all applications to ensure that the proposed development complies with all applicable regulations and provisions of this Bylaw and the policies contained in the OCP. Bylaw No. 2018-10 (g) The Development Officer may submit any application to Council for a decision on the interpretation of the Bylaw and shall inform the applicant of the date and time when Council will consider the matter. Bylaw No. 2018-10 (h) If development authorized by a development permit is not commenced within twelve (12) months of the date of issue, the permit ceases to be valid. Bylaw No. 2018-10 (i) A development permit extension may be granted for an additional twelve (12) month period by the Development Officer. The Development Officer shall provide a written letter granting the extension. Bylaw No. 2018-10 (j) Temporary Development Permits: (i) The Development Officer may issue temporary development permit applications for the temporary placement of moveable residential buildings during construction, with the submission of a security or performance bond. (ii) Temporary development permits may be issued for seasonal or mobile commercial operations. (iii) Temporary Development Permits may be approved for any time period up to 12 months. (iv) Temporary Development Permits may be renewed for an additional 12 months at the discretion of Council. Bylaw No. 2018-10 (k) Surveyed Plot Plans, Real Property Surveyors Reports (RPSR): "3.2.4.1 Surveyed Plot Plans and Real Property Surveyors Reports (RPSR) (1) All applicants shall provide a surveyed plot plan drafted by a Saskatchewan Land Surveyor at time of application. Bylaw No. 2018-10 4 | P a g e (2) A development permit application for a proposed residence on potentially hazardous land as defined by provincial regulation, this Bylaw and the Official Community Plan or lands that have an interest registered on the title pursuant to Section 130 of the Act, must be accompanied by a RPSR prepared by a Saskatchewan Land Surveyor, which illustrates that the proposed elevation of the finished main floor is above the Safe Building Elevation as defined by the Ministry of Government Relations. (3) Any proposed residential or commercial development that directly borders another residential or commercial development shall be required to produce a RPSR for all buildings or structures 18.6 square metres (200 square feet) in area or larger on a permanent foundation, except those exempted by Part II, Subsection 3.2.3, or clause (2) above, from requiring a development permit. The RPSR shall be undertaken after installation of the permanent foundation, but before installation or construction of the building above the permanent foundation. (4) Notwithstanding clause (1) and (3), residential or commercial development shall not be required to submit documentation provided by a Saskatchewan Land Surveyor for applications regarding the following items: a. Fences b. Uncovered Decks c. Structures under 200 square feet" (i) Any proposed residential development that directly borders another residential development shall be required to produce a Real Property Surveyor's Report for all buildings or structures 27.9 square metres (300 square feet) in area or larger on a permanent foundation, except those exempted by Part II, Subsection 2, from requiring a development permit. The Real Property Surveyor's Report shall be undertaken after installation of the permanent foundation, but before installation or construction of the building above the permanent foundation. (ii) An RPSR shall not be required for uncovered decks. (iii) Notwithstanding clause (i), residential development shall only be required to submit an RPSR completed by a Saskatchewan Land Surveyor in the following cases where all conditions are met: (1) Located within the H - Hamlet District, or the LD - Lakeshore Development District. 3. Developments Not Requiring a Development Permit Bylaw No. 2018-10 The following forms of development do not require a development permit from the municipality. Notwithstanding, new development is subject to obtaining the necessary permits and approvals from various ministries and agencies of higher levels of government: Bylaw No. 2018-10 (a) Accessory farm uses: Farm buildings where applied to a principal agricultural use within the Zoning Districts established by this bylaw. This excludes farm residences and intensive livestock operations. Bylaw No. 2018-10 (b) Public utilities: Any operation for the purposes of inspecting, repairing or renewing sewers, mains, cables, pipes, wires, tracks or similar public works as required by a public utility. Bylaw No. 2018-10 (c) Sheds and storage structures: Any shed or storage structure that is 9.2 square metres (99 square feet) in area or less with a height of less than 4.0 metres (13 feet). Bylaw No. 2018-10 (d) Television or radio antennas: Any television or radio antenna meant for the personal residential use of the operator on site. Bylaw No. 2018-10 5 | P a g e (e) Cultural or historical sites: Any historical and archeological sites, wildlife and conservation management areas. This excludes the structural buildings required for offices, interpretative centres and similar uses. Bylaw No. 2018-10 (f) Internal alterations: Where structural alterations do not occur, and no alterations to the external building footprint unless the alterations accompany a change in use or change in intensity of a discretionary use. Bylaw No. 2018-10 (g) Fencing: Subject to all height restrictions of the zoning district. Bylaw No. 2018-10 (h) Landscaping: For sites, driveways and parking lots, provided the natural or designed drainage pattern of the site and adjacent sites are not adversely impacted. Landowners shall ensure all landscaping incorporates natural drainages routes within site boundaries. Alterations to natural drainage patterns may require the approval from the Water Security Agency where applicable. (i) Pursuant to clause (h) and where no development permit is required, no applicant shall complete development that causes adverse effects to surrounding landowners regarding surface drainage, runoff, or other natural effects. Bylaw No. 2018-10 (i) Municipal Facilities: Municipally owned buildings, parks and facilities, including new construction and renovations, alterations, or additions to existing buildings and structures and facilities. Bylaw No. 2018-10 4. Discretionary Use Application Process: Bylaw No. 2018-10 This section addresses special provisions and specific development standards that apply to discretionary development permits. These regulations shall apply in addition to the standard development permit regulations, as well as any standards listed in specific zoning districts. Bylaw No. 2018-10 (a) The Development Officer may request comments from other government agencies, qualified professionals, etc., prior to Council rendering a decision. Bylaw No. 2018-10 (b) The carrying out of any operations for the purpose of inspecting, repairing or renewing sewers, mains, cables, pipes, wires, tracks or other similar apparatus required by a public utility for any lawful use of buildings or land. Bylaw No. 2018-10 (c) The Development Officer or Council retains the right to ask for any studies or research considered necessary prior to deciding on a development permit at the cost of the applicant. Bylaw No. 2018-10 5. General Discretionary Use Evaluation Criteria Bylaw No. 2018-10 In exercising its discretion Council may consider the evaluation criteria identified below, and should determine the extent and nature of the information and analysis required to render a decision: Bylaw No. 2018-10 (a) Roadways: the assessment of capacity of existing roadway infrastructure to accommodate the proposed use. Bylaw No. 2018-10 (b) Air Resources: assess and consider the potential impacts and effects on local air resources. Bylaw No. 2018-10 (c) Soil Resources: assess and consider the potential impacts and effects on local soil resources. Bylaw No. 2018-10 (d) Water Resources: assess and consider the generation of waste resulting from the proposed use, and the capacity of existing water management services. Bylaw No. 2018-10 (e) Natural and Heritage Resources: assess and consider the potential impacts and effects on natural, cultural and heritage resources. Bylaw No. 2018-10 (f) Land Use Compatibility: the anticipated impact(s) of the proposed discretionary use on existing land uses in the area. Bylaw No. 2018-10 (g) Suitability and Sustainability: assess and consider the potential impacts and effects on social, economic and physical sustainability of the Municipality. Bylaw No. 2018-10 6 | P a g e 6. Public Notice of Discretionary Use Applications Bylaw No. 2018-10 (a) The Development Officer shall advise the applicant that advertisement for the proposed use will be required by: i) Posting the notice in the municipal office, and the post office(s) within the municipality; and ii) Mailing a copy of the notice to the assessed owners of each property within 75 metres (246 feet) of the subject property. Bylaw No. 2018-10 (b) The notice shall: (i) Describe the use applied for; (ii) Describe the location of the use; (iii) Specify the date, time, and location of the Council meeting at which the application will be considered; and (iv) Advise the landowner of their ability to submit comments to council for consideration. Bylaw No. 2018-10 (c) Council may increase the notification area, or method (i.e., posting in the newspaper) at their discretion. Bylaw No. 2018-10 (d) The notice shall be published at least seven (7) days, and mailed at least twelve (12) days, prior to the date of the meeting, unless additional time is required for post handling. Bylaw No. 2018-10 (e) Council shall consider the application and any written or verbal submissions received regarding the application. Bylaw No. 2018-10 7. Discretionary Use Application Decisions Bylaw No. 2018-10 (a) Council may approve the application, reject the application, or approve the application with conditions, including a condition limiting the length of time that the use may be conducted on the site to secure the objectives of any Official Community Plan or Zoning Bylaw, with respect to the use, or intensity of the use on the site. The discretionary use will: (i) Comply with provisions of this Zoning Bylaw respecting the use and intensity of use of land; (ii) Be consistent with evaluation criteria and regulations in this Bylaw; (iii) Be compatible with development in the district in the immediate area of the application. Specific approval requirements may apply to address land use compatibility; (iv) Be consistent with provincial land use policies and the Statements of Provincial Interest Regulations. Bylaw No. 2018-10 (b) In approving a discretionary use, Council may prescribe specific development standards or conditions with respect to that use regarding: (i) The conditions are based on, and are consistent with general development standards or conditions listed within this Bylaw; (ii) The nature of the proposed site, including its size and shape and the proposed size, shape and arrangement of buildings. (iii) The accessibility and traffic patterns for persons and vehicles, the type and volume of that traffic and the adequacy of proposed off-street parking and loading. (iv) The safeguards afforded to minimize noxious or offensive emissions including noise, glare, dust, and odour. (v) Any treatment given, as determined by Council to aspects including landscaping, screening, open spaces, parking and loading areas, lighting and signs, but not including the colour, texture or type of materials, and any architectural detail. Bylaw No. 2018-10 7 | P a g e (c) The decision rendered by Council regarding the discretionary use development permit application shall be provided to the application through ordinary mail, addressed to the applicant, and following the procedures listed in the subsection 9 below titled Notice of Decision. Bylaw No. 2018-10 8. Limitation on Discretionary Use Approvals Bylaw No. 2018-10 (a) Council's approval of a discretionary use application is valid for a period of twelve (12) months from the date of approval. An approval shall be deemed to be invalid if the proposed use or proposed form of development has not commenced within that time or if the Council determines, within the twelve (12) month period, that the proposed development is not proceeding in accordance with the terms and conditions of its approval. The Development Officer shall advise the applicant and Council when a prior approval is no longer valid. Bylaw No. 2018-10 (b) Council may direct that a discretionary use permit extension be granted for an additional twelve (12) month period by the Development Officer. Bylaw No. 2018-10 (c) Where Council has approved a discretionary use for a fixed time, as provided in this Bylaw, and that time period has expired, that use of land and/or use of buildings on that land shall cease until such time it conforms with the requirements of the zoning bylaw. Bylaw No. 2018-10 9. Notice of Decision Bylaw No. 2018-10 (a) The notice of Decision shall be in writing in "Form B" as adopted or amended by resolution of Council; the content is not defined in this Bylaw. Form B shall include any of the following components: (i) Document the decision determined by the Development Officer and/or Council; (ii) Include any development standards and conditions or time limits as authorized by this Bylaw, where applicable; (iii) Provides the effective date of the decision; (iv) Includes the applicant's right to appeal pursuant to section 58 of The Act. Bylaw No. 2018-10 (b) The Development Officer shall notify the applicant of the permit decision by ordinary mail addressed to the applicant as shown on Form A. Bylaw No. 2018-10 10. Development Appeals Bylaw No. 2018-10 (a) Council shall appoint a Development Appeals Board in accordance with section 214 of The Act. Bylaw No. 2018-10 (b) A person who wishes to appeal to the Development Appeals Board shall, within 30 days of the decision of the development permit, file a written notice of intention to appeal, along with the appeal fee, with the secretary of the Development Appeals Board. Bylaw No. 2018-10 (c) A person whose application for a discretionary use and development permit has been approved with prescribed development standards or conditions, may appeal to the Development Appeals Board, said standards or conditions if considered excessive in the opinion of the applicant. Bylaw No. 2018-10 (d) Nothing in this section authorizes a person to appeal a decision of the council: (i) Refusing to rezone land; or, (ii) Rejecting an application for approval of a discretionary use. Bylaw No. 2018-10 (e) In making an appeal to the Development Appeals Board, and hearing such appeal, the provisions of The Act shall apply. Bylaw No. 2018-10 11. Fees Bylaw No. 2018-10 (a) Amendment of any Official Community Plan or Zoning Bylaw: Where a person requests Council to amend the Bylaws, the costs shall be as follows: Bylaw No. 2018-10 8 | P a g e PART III - GENERAL REGULATIONS (i) Text Amendments: $200.00 (ii) Map Amendments: $400.00 plus any applicable ISC fees (iii) Additional costs may be required as per clause (c) below. (b) Permit application fees: An applicant for a development permit shall pay an application fee in accordance with the following: (i) Permitted use: $100.00 (ii) Discretionary use: $200.00 (iii)Development Appeal Fee: As per The Act (iv) Additional costs may be required as per clause (c) below. Bylaw No. 2018-10 (c) Additional detailed review costs: (i) Public Notification: Where the amendment involves additional notification, the applicant shall pay to the municipality a fee equal to the costs associated with the public advertisement of the proposed amendment and the costs associated with providing direct written notice to owners of land that is the subject of the proposed amendment. (ii) General: Where a development or subdivision proposal involves a detailed review, a plan or Zoning Bylaw Amendment, a development agreement, a servicing agreement, detailed development conditions, liability insurance, performance bonds, caveats, Council may require the applicant pay the full cost of the additional application review and administration costs, as Council may determine by resolution. (iii) Items: Such costs may include Council meetings, legal and professional planning costs, municipal administration fees and site inspection fees, as determined by Council. Bylaw No. 2018-10 12. Minor Variances to the Zoning Bylaw Bylaw No. 2018-10 (a) Council may grant a variance of up to 10% of any yard requirement or minimum required distances between buildings for a use that conforms to this bylaw. All such variances shall be subject to the conditions and granted in accordance with the procedures contained in Section 60 of The Act. Bylaw No. 2018-10 13. Enforcement, Offences and Penalties Bylaw No. 2018-10 (a) Pursuant to Section 242 of The Act, the Development Officer may inspect any development suspected of contravening The Act, or any regulation or bylaw made pursuant to The Act. If it is determined that a contravention exists, the Development Officer may notify the owner in writing and instruct the owner to correct the contravention within a set time period. If for any reason the contravention has not been corrected within that time, the Development Officer may extend the time period or issue a zoning compliance order pursuant to Section 242(4) of The Act to achieve bylaw conformance. Bylaw No. 2018-10 (b) Any person who violates this Bylaw is guilty of an offence and is liable, on summary conviction, to the penalties provided by Section 243 of The Act. Bylaw No. 2018-10 14. Bylaw Compliance Bylaw No. 2018-10 (a) Errors and/or admissions by the Development Officer or someone acting under their direction administering this bylaw while processing applications for development, does not clear any party of responsibility for complying with the provisions of this bylaw or any other bylaw of the Municipality, or relieve any applicant from liability for failure to comply with this bylaw. Bylaw No. 2018-10 1. Areas prohibited for Buildings Bylaw No. 11-2002 9 | P a g e 2.1 General Bylaw No. 11-2002 No building or structure shall be located on land that, in the opinion of a professional consultant, may be prone to an unacceptable potential for, or degree of, detrimental impact on the health or safety of people, property, or the environment from slumping, subsidence, landslides, erosion, or any other landform instability. No residential building shall be located in any area that is flood plain or watercourse within regulatory setbacks from any land fill site or sewage lagoon under permit or license with Saskatchewan Environment, or where an all weather access road would be prohibitively expensive to construct or maintain. Where Council has information indicating, or reason to believe, that any of the above-mentioned conditions may exist on a particular site, Council shall require the proponent of a development to provide an analysis of the conditions of concern, and such analysis shall be prepare by qualified environmental scientist practicing in the applicable field of expertise (i.e., slope instability shall be assessed by a geotechnical engineer). Bylaw No. 05-1998 A development permit shall not be issued, nor shall an application for subdivision be supported, unless either a) the report by a professional consultant indicates that either there is no actual or potential hazard to residents, or b) that the hazards and their potential consequences are clearly defined and found to be acceptable to the Developer, Council, and any other known party potentially affected. 2.2 Slope Instability and Erosion Bylaw No. 11-2002 Any application for a development permit and/or building permit on any parcel of land within an area that may be prone to slumping, subsidence, landslides, erosion or any other instability, must be accompanied by a detailed site analysis prepared by a geological engineer registered in the Province of Saskatchewan. The site analysis shall indicate topography, surface drainage, geological, hydrogeological, and geotechnical conditions at the site of the proposed development and related to the conditions of the general area as they relate to slope instability and erosion hazards. Based on sufficient field investigations to respond with reasonable confidence, the geotechnical engineer shall answer the following questions: (i) Will the proposed development be detrimentally affected by natural erosion or slope instability? (ii) Will the proposed development increase the potential for erosion or slope instability that may affect the proposed development, or any other property? Unless the geotechnical engineer can answer "no" in response to both of the above questions (indicating that known or suspected slumping, subsidence, landslides, erosion or any other instability is not a hazard), further analysis will be required. The required analysis must define the hazard as it may affect the proposed development and any other potentially affected property. The engineering report will identify hazard mitigation measures including engineered works, land use controls prepared by a professional community planner, and other measures deemed to be effective in eliminating or managing anticipated residual hazards. Necessary monitoring also will be identified along with the purpose of the monitoring, how monitoring results will be assessed and interpreted, and the required actions should the recommended monitoring indicate and actual or potential problems. The responsibility for monitoring and responding to monitoring findings shall be resolved before approval is granted. Any building foundation plans accompanying a development permit application for a site on land prone to slumping, subsidence, landslides, erosion or any other instability must be approved and stamped by a structural engineer and a geotechnical engineer registered in the Province of Saskatchewan. 3. Number of Principal Buildings Permitted on a Lot or Parcel Bylaw No. 12-2005 Not more than one principal building shall be placed on any one lot or parcel, with the exception of sites for schools, hospitals, curling and skating rinks, recreational centres, nursing homes and senior citizen homes, multiple unit dwellings, bare land condominiums and mobile homes courts. 4. Structure Heights Bylaw No. 07-2008 (a) Any building or structure constructed in line with the approach to an airport or airstrip runway shall not exceed one meter in height for each twenty meters that it is located from the obstruction free area around the runway. This area shall widen on each side of the runway as it moves away from the obstruction free area at a rate of one meter for each ten meters it extends from the end of the obstruction free area. (b) Any building or structure constructed adjacent to the side of an airport runway shall not exceed one meter in height for each five meters that it is located from the obstruction free area around 10 | P a g e PART IV - ZONING DISTRICTS the said runway. This area shall widen on each side of the runway as it moves away from the obstruction free area at a rate of nine meters for each ten meters it extends from the side of the obstruction free area. (c) The obstruction free area shall be a rectangle extending 30 meters beyond each end of the maintained portion of each runway and measuring 60 meters wide, centred on the centre of the runway. 5. Municipal Facilities and Public Utilities Bylaw No. 2018-10 (a) Are permitted in all zoning districts with no site requirements. Bylaw No. 2018-10 (b) Specific zoning district density regulations shall not apply. Bylaw No. 2018-10 1. Classification of Zoning Districts In order to carry out the purposes and regulations of this Bylaw, the Municipality is hereby divided into the following Zoning Districts: 1. AR - Agricultural Residential District 2. H - Hamlet District 3. LD - Lakeshore Development District 4. F - Forestry District 5. CR - Country Residential District Bylaw No 07-2008 6. M - Industrial 2. Boundaries of Zoning Districts The boundaries of such districts referred to above together with explanatory legend, notation and references, are shown on the map entitled "Zoning District Map". Unless otherwise shown, on the Zoning District Map, the boundaries of the said Districts are site lines, centre lines of streets, lanes, roads or such lines extended and the boundaries of the Municipality. In the case of subdivided land the boundaries of the Districts may include lot lines. 3. The Zoning Districts Map The map, bearing the statement "This is the Zoning District Map referred to in the Bylaw No. 8-1981" adopted by the Rural Municipality of Shellbrook No. 493 and signed by the Reeve and Secretary Treasurer, under the seal of the Municipality, shall be known as the "Zoning District Map" and such map is hereby declared to be an integral part of this Bylaw. 11 | P a g e Zoning District Map Amendments (for reference only) By rezoning all that portion of SE ¼ Section 16-49-3-W3rd, as shown in bold outline on the plan of proposed subdivision into the M - Industrial District, which is attached hereto and forms a part of the bylaw. Bylaw No. 02-1985 That the "Zoning Districts Map" referred to in Part IV Section 3 of Bylaw No. 8-1981 be amended by removing that portion of the SW 19-51-01-W3rd lying north of the north shore of Sturgeon Lake (as outlined in bold on the attached map) from the AR - Agricultural Residential Zoning District and including it in the LD - Lakeshore Development Zoning District. Bylaw No. 09-2000 Section 3 of Bylaw No. 8-1981 be amended by removing that portion of the NE-08-49-03- W3rd (as outlined in bold on the attached map) from the AR - Agricultural Residential Zoning District and including it in the H - Hamlet Zoning District. Bylaw No. 02-2005 12 | P a g e That portion of the NE 16-49-03-W3rd shown in bold outline below shall be rezoned from an AR - Agricultural Residential Zoning District to a CR - Country Residential Zoning District. Bylaw No. 07-2008 That portion of the NW 21-49-02-W3rd shown in bold outline below shall be rezoned from an AR - Agricultural Residential Zoning District to a CR - Country Residential Zoning District. Bylaw No. 07-2008 That portion of the SE 08-49-03-W3rd shown in bold outline below shall be rezoned from an AR - Agricultural Residential Zoning District to a CR - Country Residential Zoning District. Bylaw No. 07-2008 13 | P a g e That portion of the SE 24-49-02-W3rd set shown in bold outline below shall be rezoned from an AR - Agricultural Residential Zoning District to a CR - Country Residential Zoning District. Bylaw No. 07-2008 To rezone that portion of the SW 24-49-02-W3rd shown in bold outline below from an AR- Agricultural Residential Zoning District to a CR-Country Residential Zoning District. Bylaw No. 10-2008 That portion of the SE 27-49-02-W3rd set shown in bold outline below shall be rezoned from an AR - Agricultural Residential Zoning District to a CR - Country Residential Zoning District. Bylaw No. 07-2008 14 | P a g e -- To rezone that portion of the NW-16-49-03-W3rd shown in bold outline below from an AR- Agricultural Residential Zoning District to a CR-Country Residential Zoning District. Bylaw No. 08-2012 The NE-05-49-03-W3 shown in bold outline bellow shall be rezoned from an AR - Agricultural Residential Zoning District to a CR - Country Residential Zoning District. Bylaw No. 05/2019 15 | P a g e 1. The rezoning of the most northeasterly portion ofNE-3 l-49-01-W3 from AG - Agricultural Residential Zoning District to CR - Country Residential Zoning District as indicated by hatched marked map. This includes: Parcel C, Plan 102067758 Ext 0 Parcel D, Plan 102153226 Ext 0 The remainder of Parcel E, Plan 102153226 Ext 0, as shown in the Plan of Proposed Subdivision dated March 11/2019, prepared by Jack Redding, SLS Parcel F, Plan 102153226 Ext 0 Parcel Q, Plan 101561228 Ext 2 Bylaw No. 11/2019 16 | P a g e PART V ZONING DISTRICT SCHEDULES The following are the schedules of uses and regulations pertaining to the Zoning Districts by this Bylaw: 1. AR - Agricultural Residential District 1.1 Intent The general purpose of the District is to encourage retention of agricultural land for crop production, livestock operations, related agricultural use, and to allow non-form residential development at a level which will not jeopardize existing agricultural operations or remove good farmland from production and those specific permitted uses as indicated. 1.2 Permitted Uses Bylaw No. 2018-10 Subject to all other provision of this Bylaw, on any site, in any district defined designated or described in this Bylaw as AR - Agricultural Residential District only the following uses shall be permitted: 1.2.1 Agricultural - field crops, bee keeping, ranching, grazing, and other similar uses (excluding intensive livestock operations 300 animal units or greater) customarily carried on in the field of general agriculture, including the sale, on the premises, of any produce grown or raised on the premises." Bylaw No. 2018-10 1.2.2 Grail Elevators 1.2.3 Schools, cemeteries, places of worship, and Community Halls. 1.2.4 Public utilities, excluding solid and liquid waste facilities Bylaw No. 2018-10 1.2.5 Historical and Archeological Sites 1.2.6 Petroleum pipelines and related facilities, oil and gas exploration or extraction wells and related facilities, related primary processing facilities, and transmodal facilities. Bylaw No. 2018-10 1.2.7 Uses Permitted at Council's Discretion Bylaw No. 2018-10 Subsection 1.2.7 replaced ALL (a) Airports, landing strips and similar uses; Bylaw No. 2018-10 (b) Implement and machinery sales and service; motor vehicle sales and servicing; Bylaw No. 2018-10 (c) Bulk fuel storage and sales; Bylaw No. 2018-10 (d) Stockyards and auction marts; abattoirs; animal kennels; Bylaw No. 2018-10 (e) Non-farm residential development in the form of single detached dwellings and mobile homes; dwelling groups; Bylaw No. 2018-10 (f) Home based business; vacation farms; bed and breakfast homes; agricultural tourism; and other similar uses; Bylaw No. 2018-10 (g) Agricultural commercial uses, processing and similar uses; grain and seed storage, drying and cleaning; agriculture fertilizer storage; oil and gas-related commercial uses (excluding mineral resource primary processing and transmodal facilities), processing, manufacturing and distribution facilities; Bylaw No. 2018-10 (h) Aggregate resource extraction, storage, processing and crushing; natural resource storage and processing facilities; Bylaw No. 2018-10 (i) Market Gardens, nurseries or greenhouses, commercial horticultural operations; intensive agricultural operations; Bylaw No. 2018-10 (j) Concrete manufacturing, storage and processing facilities; Bylaw No. 2018-10 17 | P a g e (k) Salvage and wrecking yards; Bylaw No. 2018-10 (l) Institutional uses; recreational uses; sports fields; golf courses; campgrounds; and other similar uses Bylaw No. 2018-10 (m) Intensive livestock operations; Bylaw No. 2018-10 (n) Solid and liquid waste disposal facility; soil farms Bylaw No. 2018-10 1.2.8 Accessory Uses Bylaw No. 2018-10 Subsection 1.2.8 replaced ALL The following uses shall be accessory to an existing principal building or use, and shall be considered as a permitted development, and subject to all site regulations listed in Section 1.3: Bylaw No. 2018-10 (a) Uses, buildings and structures accessory to the foregoing permitted uses and located on the same site with the main use. Bylaw No. 2018-10 (b) Farmstead development, with a principal agricultural use, including one (1) single detached dwelling, or mobile home, on a permanent foundation. Bylaw No. 2018-10 (c) Caretaker dwelling unit where accessory to grain elevators. Bylaw No. 2018-10 (d) An additional residence may be permitted on an agricultural holding for the purpose of housing workers or family directly involved in the agricultural operation. Bylaw No. 2018-10 1.3 Regulations Bylaw No. 2018-10 Section 1.3 replaced ALL (a) Site Area Requirements: Bylaw No. 2018-10 (i)Agricultural Use(s): (1) One quarter section, 64 hectares (158 acres) or equivalent shall be the minimum site area required to constitute a farm land holding. Equivalent shall mean 64 hectares (158 acres) or such lesser amount as remains in an agricultural holding 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 because of subdivision as permitted herein, but in any case, not less than 57 hectares (140 acres) unless otherwise specified in this bylaw.. Subdivision of land will be permitted for consolidation purposes subject to meeting the total area requirement for a farm land holding. (2) Any agricultural holding which does not conform to the minimum site area requirement shall be deemed conforming regarding site area, provided that a registered title for the site existed in the Land Titles Office prior to the coming into force of this bylaw. (3) A reduced site area below 64 hectares (158 acres), but not below 14 hectares (34.5 acres) will be permitted for the purposes of farm land consolidation and estate planning and settlement subject to a resolution of Council. Bylaw No. 2018-10 (ii) Agricultural-related commercial development: Minimum - 0.4 ha (0.99 acres). Bylaw No. 2018-10 (iii) Market Garden, nurseries or greenhouses, commercial horticultural operations; intensive livestock operations; intensive agricultural operations: Minimum - 0.8 ha (2.0 acres); Maximum - as determined by demonstrated space needs necessary for a viable principle agricultural use. Bylaw No. 2018-10 (iv) Residential development: Minimum - 0.4 ha (0.99 acres); Maximum - 4.45 ha (11.0 acres); however, the maximum site area may be increased depending Bylaw No. 2018-10 18 | P a g e on physical circumstances, or irregular constraints of the proposed site (i.e., shelter belt, topography, water or septic locations), and may be limited by the demonstrated space needed for viable agricultural uses for the source parcel. Where viable agricultural uses do not exist, maximum site areas may be waived at the discretion of Council. (v) All other uses - No minimum Bylaw No. 2018-10 (b) Frontage Requirements: Bylaw No. 2018-10 (i) A site to be created by subdivision shall not be permitted unless the proposed parcels and the remainder of the parcel being subdivided abuts, or has frontage on a registered and developed road, and upgrades or construction of any road may be requested through a signed servicing agreement. Bylaw No. 2018-10 (ii) Developed municipal road allowances shall mean an existing paved or graded all-weather road on a registered right of way, or road allowance that meets the RM road construction standards, or unless satisfactory arrangements have been made with Council for the improvement or building of a road. Bylaw No. 2018-10 (iii) Residential Development: 30 metres Bylaw No. 2018-10 (c) Density Requirements: Bylaw No. 2018-10 (i) A maximum of three (3) parcels are permitted per quarter section in this zoning district for any agricultural, commercial / industrial use in addition to the one (1) source parcel, excluding roads, rail, utilities, municipal and public facilities. Bylaw No. 2018-10 (ii) A maximum of four (4) non-farm residential parcels may be permitted per quarter section in this zoning district in addition to the one (1) source parcel excluding roads, rail, utilities, municipal and public facilities. Bylaw No. 2018-10 (d) Road Setback Requirements: Bylaw No. 2018-10 (i) All dwellings shall be set back at least 45 meters (150 feet) from the centerline of any municipal road, road allowance, provincial highway, or as required by the ministry responsible for provincial highways. Bylaw No. 2018-10 (ii) Front Yard 1) Concrete facilities - 30 metres Bylaw No. 2018-10 (iii) Side Yard 1) Concrete facilities - 10 metres Bylaw No. 2018-10 (iv) Rear Yard (1) Concrete facilities - 10 metres Bylaw No. 2018-10 (e) Separation of Uses: Bylaw No. 2018-10 (i) A 457 metre separation is required between residences not occupied by a livestock operator and/or employee involved in the operation and intensive livestock operations, as measured from a dwelling to the area of confinement or animal waste storage. (A) A lesser separation may be considered, where in the opinion of council, it is demonstrated that a closer distance would not unduly affect the owner of either land use or cause a public safety hazard. Bylaw No. 2018-10 (ii) A 457 metre separation is required between residences, and solid or liquid waste facilities, as measured from a dwelling to the waste facilities (A) A lesser separation may be considered, where in the opinion of council, it is demonstrated that a closer distance would not unduly affect the owner of either land use or cause a public safety hazard. Bylaw No. 2018-10 19 | P a g e (f) Signs and Billboards: Bylaw No. 2018-10 (i) Signs and billboards are prohibited except for signs showing the names of occupants, signs being notices of sale or lease, information signs containing no advertising, and signs advertising the sale of produce. Bylaw No. 2018-10 1.4 Discretionary Use Evaluation Criteria and Regulations Bylaw No. 2018-10 New Section 1.4 (a) Agricultural commercial uses, processing and similar uses; grain and seed storage, drying and cleaning; agriculture fertilizer storage; oil and gas-related commercial uses, processing, manufacturing and distribution facilities (i) All applicants shall be required as a condition of approval to provide applicable approval from provincial approving authorities; (ii) Road and approach standards shall be appropriate for increased frequency and weights associated with the development, and the Developer may be required to upgrade the road and/or will enter into a heavy haul agreement. (iii) Council will consider the location of the proposal relative for major transportation routes; locations adjacent to major transportation routes are preferred; (iv) Council will consider the effect of the proposed use on the municipal road network and how applicants propose address increased traffic and use of municipal roads. Bylaw No. 2018-10 (b) Aggregate resource extraction, storage, processing and crushing; concrete manufacturing, storage and processing facilities; salvage and wrecking yards (i) Council may specify approval conditions regarding, but not limited to: (1) daily operations of the aggregate pit (i.e., hours of operations, crushing times, etc.); (2) site rehabilitation and reclamation; (3) site landscaping and fencing; (ii) Council may require the submission of a surety or performance bond at time of application; (iii) Applications shall have adequate set back and sufficient screening of any outdoor storage area from existing incompatible development or a municipal road allowance. The proposed use may be required to provide appropriate screening to the satisfaction of Council. Bylaw No. 2018-10 (c) Non-farm residential development in the form of single detached dwellings and mobile homes; additional dwelling units on an agricultural parcel where the occupants are servicing the primary agricultural use; home based business; vacation farms; bed and breakfast homes; agricultural tourism; and other similar uses (i) Additional dwelling units on an agricultural parcel may be permitted for a period of one (1) year on site, and shall be required to resubmit a new development permit application yearly; (ii) Appropriate locations for the proposed use shall be considered based on the surrounding area in relation to the agriculture industry. Bylaw No. 2018-10 (d) Airports, landing strips and similar (i) May be required to attain Transport Canada regulations regardless of size; (ii) Applicants shall be required to complete additional consultation as per Canadian Transport Regulations to ensure appropriate mitigation of surrounding landowner concerns; Bylaw No. 2018-10 (e) Implement and machinery sales and service; motor vehicle sales and servicing; bulk fuel storage and sales; market garden, nurseries or greenhouses, commercial horticultural operation (i) Site size shall be appropriate, in Council's opinion, for the receipt, Bylaw No. 2018-10 20 | P a g e distribution or dispatch by vehicles of materials, goods or merchandise through the designation of a clearly defined parking, unloading or loading space on the site plan. (ii) Locations are encouraged to be adjacent to major transportation routes; (f) Intensive livestock operations; intensive agricultural operations; stockyards and auction marts; abattoirs; animal kennels (i) A livestock operation shall only be considered intensive where more than 300 animal units are confined to an area of less than 370 m2 per unit. The review and evaluation of the discretionary use will include the following: (1) The municipality shall proceed with public notification providing sufficient time to advertise the application, notify surrounding landowners, and shall include dates for the applicants open house regarding the proposal; (2) Pursuant to clause (1), the applicant shall be required to host an open house and provide information about the proposal, showing conformance to provincial intensive livestock regulations; (3) Council may not render a decision until public notification procedures as outlined above have been completed, and provincial approvals have been received. (ii) The intensive livestock operation or kennel may include on-site residential development affiliated with the operation; (iii) All applicants shall be required as a condition of approval to provide applicable approval from provincial approving authorities, where applicable; (iv) Site size shall be appropriate, in Council's opinion, for the receipt, distribution or dispatch by vehicles of materials, goods, product or merchandise through the designation of a clearly defined parking, unloading or loading space on the site plan. (v) Applicants shall be required enter into an agreement to upgrade municipal road allowances to primary weight standards to ensure all-season access to facilities. (vi) The temporary confinement of livestock for seasonal feeding, wintering, or calving of less than 1000 animal units shall not considered by council to be an intensive livestock operation or require discretionary use approval. Bylaw No. 2018-10 (g) Institutional uses; recreational uses; sports fields; golf courses; campgrounds; and other similar (i) Site size shall be appropriate, in Council's opinion, for the receipt, distribution or dispatch by vehicles of materials, goods or merchandise through the designation of a clearly defined parking, unloading or loading space on the site plan. (ii) Locations are encouraged to be adjacent to major transportation routes; Bylaw No. 2018-10 (j) Solid and liquid waste disposal facility; soil farms (i) All applicants shall be required as a condition of approval to provide applicable approval from provincial approving authorities; (iii) Locations are encouraged to be adjacent to major transportation routes; Bylaw No. 2018-10 (k) Dwelling groups (i) Applicants may be required to revised proposals to align with the Condominium Act, 1993 and the Condominium Regulations, 2001; (ii) All applications shall be required to be designed to accommodate future subdivision as per the Planning and Development Act, 2007; Bylaw No. 2018-10 21 | P a g e 2. H - Hamlet District 2.1 Intent To accommodate hamlets in the municipality and to provide for their orderly growth. 2.2 Uses Permitted Subject to all other provisions of this Bylaw, on any site, in any district defined, designated or described in this bylaw, as an H - Hamlet District only the following uses shall be permitted. 2.2.1 Residential (a) Single detached dwelling (b) Semi-detached dwelling (c) Apartments 2.2.2 Commercial (a) Retail Stores (b) Restaurants, confectioneries and other places for the sale and consumption of food and related items. (c) Establishments for the servicing, storage and sale of motor vehicles, farm machinery and equipment. 2.2.3 Institutional (a) Schools, education institutions (b) Churches, religious institutions (c) Community Halls 2.2.4 Recreational Sports fields, rinks, parks, golf courses and other similar uses. 2.2.5 Public Utilities 2.2.6 Accessory Buildings, structures or uses accessory to and located on the same site with the main building or use. 2.2.7 Discretionary Uses The following uses shall be permitted but only by resolution of Council and only in locations and under conditions specified in such resolution of Council. Trailer manufacturing Prefabricated building component assembly Warehouses and supply depots Auto wreckers Construction Yards Storage Yards 22 | P a g e 2.3 Regulations 2.3.01 Residential Regulations Removed by Bylaw No. 2018-10 2.3.1 Site Area Bylaw No. 2018-10 Subsection 2.3.1 replaced ALL (a) Single detached dwellings, mobile homes: Minimum - 302 sq. m (3,250 sq. ft.) Bylaw No. 2018-10 (b) Service stations: Minimum - 928 sq. m (10,000 sq. ft) Bylaw No. 2018-10 (c) Other commercial uses: Minimum - 232 sq. m (2,500 sq. ft.) Bylaw No. 2018-10 (d) All other permitted uses: Minimum - 464 sq. m (5,000 sq. ft.) Bylaw No. 2018-10 (e) All discretionary uses: Minimum - 0.4 ha (0.99 acre) Bylaw No. 2018-10 2.3.2 Site Frontage Bylaw No. 2018-10 Subsection 2.3.2 replaced ALL (a) Single detached dwellings, mobile homes: Minimum - 6 m (19.7 ft.) Bylaw No. 2018-10 (b) Commercial Uses: Minimum - 7.5 m (25 ft.); Maximum - 30 m (100 ft.) Bylaw No. 2018-10 (c) All other permitted uses: Minimum - 15 m (50 ft.) Bylaw No. 2018-10 (d) All discretionary uses: Minimum - 30 m (100 ft.) Bylaw No. 2018-10 2.3.3 Yard Requirements Bylaw No. 2018-10 (a) Front Yard: Minimum - 7.5 m (24.6 ft.) Bylaw No. 2018-10 (b) Side Yard: Minimum - 1.0 m (3.2 ft.) except for semi-detached dwellings where the party wall is above a property line, the side yard requirement is not applicable. Bylaw No. 2018-10 (c) Rear Yard: Minimum - 3.1 m (10 ft.) Bylaw No. 2018-10 2.3.4 There shall be a maximum of three (3) accessory buildings or structures per lot, excluding uncovered decks. 2.3.5 A principal building or use must be established on a site prior to the erection of a fence or wall on the site. Bylaw No. 25/2019 2.3.5.1 A fence may be erected to safeguard public safety on a site during the period of construction of the principal building or use or due to the presence of a natural hazard on the site. Bylaw No. 25/2019 2.3.5.2 No wall, fence or other structure not otherwise permitted shall be erected in a required front yard or on a site line adjacent to a required front yard to a height of more than 1.0 meters above grade level. Bylaw No. 25/2019 2.3.5.3 No wall, fence, screen or similar structure, excepting permitted accessory buildings, shall be erected in a required side or rear yard, or on a site line adjacent to a required side or rear yard, to a height of more than 2.0 meters above grade level. Bylaw No. 25/2019 2.4 Signs and billboards shall be prohibited except for signs advertising the principal use of the premises or the principal products offered for sale on the premises. Permitted signs shall be subject to the following requirements: 2.4.1 No more than two (2) signs shall be permitted on the premises; 23 | P a g e 2.4.2 No sign shall be in the excess of three (3) square meters (36 sq. ft) in area but the two permitted signs may be combined and the total facial area shall not exceed 6 sq m (70 sq. ft.) Each sign may be double faced; 2.4.3 No sign shall be illuminated unless the source of light is steady and suitably shielded; 2.4.4 The maximum height of any sign shall be 6 metres (20 ft) 2.5 Discretionary Use Evaluation Criteria and Regulations Bylaw No. 2018-10 Section 2.5 replaced ALL 2.5.1 Trailer manufacturing; prefabricated building component assembly; warehouses and supply depots; auto wreckers; construction yards; storage yards Bylaw No. 2018-10 (a) The Developer may be required to enter into a development agreement regarding routing of large trucks, and the maintenance of municipal roadways; Bylaw No. 2018-10 (b) Council may specify approval conditions regarding, but no limited to: (i) daily operations (i.e., hours of operations, crushing times, etc.); (ii) site rehabilitation and reclamation; (iii) site landscaping and fencing; Bylaw No. 2018-10 (c) Council may require the submission of a surety or performance bond at time of application; Bylaw No. 2018-10 (d) Applications shall have adequate set back and sufficient screening of any outdoor storage area from existing incompatible development or a municipal road allowance. The proposed use may be required to provide appropriate screening to the satisfaction Council; Bylaw No. 2018-10 (e) Locations are encouraged to be adjacent to major transportation routes; Bylaw No. 2018-10 24 | P a g e 3. CR - Country Residential District 3.1 Permitted Uses 3.1.1 Residential: (a) Single detach dwelling. (b) Mobile or modular home on a permanent foundation (c) Dwelling Groups consisting of single detached dwellings 3.1.2 Institutional Uses: (a) Educational Institutions Bylaw No. 2018-10 (b) Places of worship, and religious institutions. 3.1.3 Recreational Uses: (a) Public sports fields and parks. (b) Rinks, arenas, and community halls. (c) Other public or non-profit recreational facilities 3.1.4 Public utilities, except solid and liquid waste disposal facilities 3.1.5 Uses and buildings accessory to residential principal use on the site: (a) Private garages, whether detached or attached to a dwelling unit. (b) Garden sheds used for the storage of non-industrial yard maintenance equipment. (c) Greenhouses where accessory to a residential use. (d) Keeping of animals on the same site as the residence, subject to Section 3.3.4 (e) Barns and stables for animals permitted by Section 3.3.4 (f) Orchards and vegetable, horticultural or fruit gardens, where accessory to a residence. (g) Field crops 3.2 Discretionary Uses: 3.2.1 Commercial Uses: (a) Convenience stores with or without gas bars 3.2.2 Recreational Uses: (a) Golf Courses. 3.2.3 Solid and liquid waste disposal facilities. 3.2.4 The following ancillary uses: (a) Bed-and-breakfast homes, where ancillary to a residence on the same site. (b) Home based businesses, where ancillary to a residence on the same site. (c) Dwellings ancillary to an institutional, recreational or commercial use. 3.2.5 Accessory uses and buildings which form part of an approved discretionary use are permitted. Bylaw No. 07-2008 25 | P a g e 3.3 Regulation 3.3.1 Site Requirements: (1) Site Area (a) Single detached dwelling (including mobile or modular homes) Minimum - 0.8 hectares (2 acres) Maximum - 16 hectares (40 acres (b) Dwelling groups Minimum - 0.8 hectares (2 acres) for each unit or site, plus 20% for communal facilities and access. (c) Commercial Minimum - 900 m2 (9,688 ft2) (d) All other uses No requirement (2) Site Frontage (a) Residential Minimum - 50 metres (164 feet) (b) Institutional and commercial Minimum - 30 metres (100 feet) (c) All other uses Minimum - none (d) Residential - location on the end of a cul-de-sac, or the outside curve of a curved or deflected street Minimum may be reduced to 30 m provided the parcel is at least 50 m in width at the location of a principal building (3) Yards (a) In any yard abutting a municipal road allowance, municipal grid road, main farm access road, or provincial highway all buildings shall be set back a minimum of 45 meters ( 148 ft) from the centerline of the road or road allowance. (b) A yard abutting a residential street Minimum - 7.6 meters (25 feet) (c) All side and rear yards Minimum - 3 meters (10 feet) (d) Public utility, municipal facility, or public recreational use No requirements (4) Floor Area (a) Detached accessory buildings Maximum -150 m2 (1,614 ft2) 3.3.2 Number of Dwellings and Sites Per Quarter Section of Land (1) Subdivision of land shall align with the policies outlined in the Official Community Plan, where applicable. Bylaw No. 2018-10 (2) Pursuant to Part IV, Section (1), subsection (1.3)(c), subdivisions in the AR - Agriculture Residential District proposing to establish more than four (4) new, non- farm residential parcels in a quarter section, shall be required to be rezoned to a Country Residential District and compliance with all relevant area, frontage and Bylaw No. 2018-10 26 | P a g e setback requirements of that zoning district. (3) A maximum of 32 sites shall be allowed per quarter section. Bylaw No. 2018-10 3.3.3 Outside Storage: (1) No outside storage shall be permitted in a yard abutting a road. (2) Outside storage located in a side or rear yard shall be screened by landscaping or vegetation so as not to be visible form a road. 3.3.4 Sign Size: (1) The maximum facial area of a sign on residential sites shall be 1.2 square meters (12.9 ft2) 3.3.5 Keeping of Animals (1) The equivalent of two (2) animal units shall be permitted per 2 hectare (5 acre) site. Four (4) animal units shall be permitted per 4 hectares (10 acre) site. For each additional 1.2 hectares (3 acres), one (1) additional animal unit shall be permitted. Bylaw No. 2018-10 (2) Animals shall not be pastured within 15 metres (49.2 feet) of any dwelling not owned by the owner of the animals and no buildings or structures intended to contain birds or animals shall be located within 30 metres (100 feet) of a dwelling or property line. Bylaw No. 2018-10 (3) The use of vacant residential sites for pasture of animals is prohibited. Bylaw No. 2018-10 3.3.6 Dwelling Groups: (1) Access to individual dwellings and dwelling sites shall be from a road internal to the dwelling group parcel. (2) No dwelling shall be closer than 6 m to any other dwelling. (3) All buildings on a dwelling group parcel shall maintain the required yards to the property lines of the parcel provided for this district and the required set back to the centre line of a road required by Section 3.3.1 3.4 Specific Development Standards and Criteria for Discretionary Uses: 3.4.1 Solid and Liquid Waste Disposal Facilities (1) Solid and liquid waste disposal facilities shall be prohibited in this district. 3.4.2 Home Based Businesses (1) No home based business in this district shall include auto body repair or repainting operations. (2) No heavy construction or industrial equipment or supplies shall be stored on any site for a home based business in this district. (3) Council may apply special standards in the issuing a development permit limiting the size of operation, and buildings used for the operation. (4) Any increase in the operation as applied for or approved shall require a new discretionary approval. 3.4.3 Residential Development which is Accessory to Discretionary Uses (1) Council will apply the following criteria in making a discretionary use decision for residential, including any institutional residential facility: - The site is large enough to accommodate the residential use. - Reasonable year round access to the site is available. 27 | P a g e 3.4.4 Convenience stores with or without gas bars; golf courses Bylaw No. 2018-10 (a) (a) Site size shall be appropriate, in Council's opinion, for the receipt, distribution or dispatch by vehicles of materials, goods or merchandise through the designation of a clearly defined parking, unloading or loading space on the site plan; Bylaw No. 2018-10 3.4.5 Bed-and-breakfast homes, where ancillary to a residence on the same site Bylaw No. 2018-10 (a) The development shall not detract from the surrounding residential neighbourhood; Bylaw No. 2018-10 (b) Site plans shall be provided demonstrating adequate on-site parking of one (1) parking stall per bedroom for rent; Bylaw No. 2018-10 28 | P a g e 6. LD - Lakeshore Development District 6.1 Intent The general purpose of this district is to control the standards of development for lakeshore development uses in approved locations. 6.2 Permitted Uses Subject to all other provisions of this bylaw, on any site, in any district defined, designated or described in this bylaw as LD - Lakeshore Development District, only the following uses shall be permitted. 6.2.1 Principal Uses Bylaw No. 2018-10 a) Single detached dwellings; mobile and manufactured homes; modular homes Bylaw No. 2018-10 b) Recreational, including picnic grounds, golf courses, sports fields, public beaches and parks Bylaw No. 2018-10 6.2.2 Discretionary Uses Bylaw No. 2018-10 a) Tourist campgrounds; tourist cabins; Bylaw No. 2018-10 b) Minor commercial service facilities, including grocery and general stores, service stations, restaurants, and take-out Id establishments Bylaw No. 2018-10 c) Dwelling groups, condominiums Bylaw No. 2018-10 6.2.3 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. b) Single family dwelling accessory to the principal use and occupied by the owners, caretaker or manager. 6.3 Regulations 6.3.1 Site Area: Bylaw No. 2018-10 (a) Residential: Minimum - 700 sq. m (7,530 sq. ft.) Bylaw No. 2018-10 (b) Dwelling groups, bare land condominium: Minimum - 2 ha (i) Unit area: Minimum - 400 sq. m (5,380 sq. ft.) Bylaw No. 2018-10 (c) Commercial development, tourist campgrounds, rental cabins: None Bylaw No. 2018-10 6.3.2 Site Frontage: Bylaw No. 2018-10 (a) Residential: Minimum - 23 m (75 ft.) Bylaw No. 2018-10 (b) Dwelling groups, bare land condominium: Minimum - 15 m (49.2 ft.) (i) Unit frontage: Minimum - 18 m (59 ft.) Bylaw No. 2018-10 (c) Commercial development, tourist campgrounds, rental cabins: None Bylaw No. 2018-10 6.3.3 Yard Requirements: Bylaw No. 2018-10 (a) Front setback: (i) Residential and Commercial uses: Minimum - 6 m (20 ft.) (ii) Dwelling groups unit, bare land condominium unit: Minimum - 6 m (20 ft.) Bylaw No. 2018-10 (b) Side setback: Bylaw No. 2018-10 29 | P a g e (i) Residential and Commercial uses: Minimum - 1.5 m (5.0 ft.) (ii) Dwelling groups unit, bare land condominium unit: Minimum - 1.5 m (5.0 ft.) (c) Rear Setback: (i) Residential and Commercial uses: Minimum - 6 m (20 ft.) (ii) Dwelling groups, bare land condominium: Bylaw No. 2018-10 (d) Decks: Notwithstanding the foregoing, all decks will be required to be set back a minimum of 1.5 metres (5 I) from any site line. Bylaw No. 2018-10 (e) Private garages, carports and accessory buildings that are attached by a roof to a residential building shall be considered a part of the building and subject to the yard requirements of the building. Open decks will not be considered a part of the principal building. Bylaw No. 2018-10 (f) There shall be a maximum of three (3) accessory buildings or structures per lot, excluding uncovered decks. Bylaw No. 2018-10 6.3.4 Floor Areas: Bylaw No. 2018-10 (a) Residential: Minimum - 40 sq. m (430 sq. ft.) Bylaw No. 2018-10 (b) Dwelling groups unit, bare land condominium unit: Minimum - 40 sq. m (430 sq. ft.) Bylaw No. 2018-10 6.3.5 Permitted Yard Encroachments: Bylaw No. 2018-10 (a) A chimney, bay window or roof overhang may be constructed so that it is located no more than 0.61 metres (2.0 feet) from the main wall of a principal building. Bylaw No. 2018-10 (b) No projection shall be closer than 0.6 metres from the lot or parcel boundary. Bylaw No. 2018-10 6.3.6 Removal of Trees: Bylaw No. 2018-10 (a) The removal of trees shall be considered landscaping which does not require a Development Permit. Landscaping, alterations to land, removal of trees and other vegetation near or within a shoreline or other riparian area shall be referred to the Ministry of Environment and Water Security Agency and/or other agencies when appropriate, and may require a shoreline alteration permit. Bylaw No. 2018-10 6.3.7 Signs and Billboards: Bylaw No. 2018-10 (a) Commercial uses - no more than one (1) sign no greater than 3 sq. m (32 sq. ft) in size is permitted and shall be located on the premises. Bylaw No. 2018-10 (b) All other uses - other uses are permitted to have one (1) sign shall contain any advertising and shall be located in the premises concerned. Bylaw No. 2018-10 (c) Signs bearing notice of sale or lease of any property are permitted. Bylaw No. 2018-10 6.4 Discretionary Use Evaluation Criteria and Regulations Bylaw No. 2018-10 6.4.1 Tourist campgrounds; tourist cabins: Bylaw No. 2018-10 (a) Shall not contain any principal dwellings, as hereby defined by this bylaw. (i) Notwithstanding the above, a principal residence may be permitted for the owner/operator of the use. Bylaw No. 2018-10 (b) Applications shall have adequate set back and sufficient screening from surrounding residential development. The proposed use may be required to provide appropriate screening to the satisfaction of Council. Bylaw No. 2018-10 6.4.2 Minor commercial service facilities, including grocery and general stores, service stations, restaurants, and take-out food establishments: Bylaw No. 2018-10 30 | P a g e 7. F - Forestry District 8. M - Industrial District (a) Locations are encouraged to be adjacent to major transportation routes; Bylaw No. 2018-10 (b) Locations are encouraged to be clustered around existing commercial development; Bylaw No. 2018-10 (c) Applications shall have adequate set back and sufficient screening from surrounding residential development. The proposed use may be required to provide appropriate screening to the satisfaction of Council. Bylaw No. 2018-10 (d) Site size shall be appropriate, in Council's opinion, for the receipt, distribution or dispatch by vehicles of materials, goods or merchandise through the designation of a clearly defined parking, unloading or loading space on the site plan. Bylaw No. 2018-10 6.4.3 Dwelling groups, condominiums: Bylaw No. 2018-10 a) Applicant shall be required to provide a complete concept plan for the proposed development at time of application; Bylaw No. 2018-10 (1) Intent The boundaries of this district correspond to those areas of Crown land designated as provincial forest pursuant to The Forest Resources Management Act and described in The Forest Resources Management Regulations. Lands designated as provincial forest are administered by the Ministry of the Environment. Bylaw No. 2018-10 (2) Regulations A. The legislation and regulations governing development in this district are administered by the Ministry of the Environment. Enquiries regarding development in the Provincial Forest District shall be direct to the Ministry of the Environment for more information. Bylaw No. 2018-10 B. Any person undertaking commercial activity in the Provincial Forest District which would require the use of Municipal road, shall contact the Municipality regarding location of trucking routes, hours of operation, road maintenance and any other aspects of concern to the Municipality. Bylaw No. 2018-10 8.1 Permitted Uses Subject to all other provisions of this bylaw, on any site, in any District defined, designated or described in this bylaw as an M - Industrial District only the following uses and their respective Accessory uses shall be permitted. 8.1.1 Principal Uses: a) Storage Facilities, Warehousing, Supply and Distribution Facilities. b) Agriculturally Related Commercial excluding Abattoirs and Stockyards c) Machine and Welding Shops d) Public Utilities 8.1.2 Uses Permitted at Council's Discretion: The following principal and their respective accessory uses may be permitted but only be resolution or bylaw of Council and only in locations, and with development standards specified by Council. a) Abattoirs, Hide defleshing and Tanning Facilities and Stockyards. b) Outdoor Storage Yards for construction materials and extractive industries. Bylaw No. 02-1985 31 | P a g e c) Agricultural Implement and Prefabricated Building Component Manufacturing. d) Accessory Residential Dwelling for caretakers, manager and owners where such presence is required due to the nature of the principal use. (e) Cannabis retail stores and production facilities Bylaw No. 2018-10 8.1.3 Accessory Uses: Buildings, structures, or uses accessory to and located on the same site with the ain building or use, excluding residential dwellings. 8.2 Regulations: (excluding Public Utilities) 8.2.1 Site area Minimum - 0.08 hectares (0.20 acres) 8.2.2 Site frontage Minimum - 15 metres (49.2 feet) 8.2.3 Yard, front Minimum - 10 meters (32.8 feet) 8.2.4 Yard, rear Minimum - 10% of the depth of the side except where the rear yard abuts a railroad track or railroad yard in which case, no rear yard is required. 8.2.5 Yard, side 2 metres (8.2 feet) 8.3 Discretionary Use Evaluation Criteria and Regulations Bylaw No. 2018-10 (a) Abattoirs, hide defleshing, tanning facilities and stockyards: (i) Locations are encouraged to be adjacent to major transportation routes; Bylaw No. 2018-10 (b) Outdoor storage yards, agricultural implement and prefabricated building component manufacturing: (i) Site size shall be appropriate, in Council's opinion, for the receipt, distribution or dispatch by vehicles of materials, goods or merchandise through the designation of a clearly defined parking, unloading or loading space on the site plan. (ii) Locations are encouraged to be adjacent to major transportation routes; Bylaw No. 2018-10 (c) Accessory residential dwellings: (i) The principal commercial or industrial use shall be located on site prior to the construction or installation of residential development. (ii) Should the primary commercial nature discontinue, the accessory residential dwelling shall discontinue within six (6) months. Bylaw No. 2018-10 (d) Cannabis retail stores and production facilities: (i) Shall provide to the municipality all provincial and federal approvals and licenses and comply with these regulations. (ii) Site size shall be appropriate, in Council's opinion, for the receipt, distribution or dispatch by vehicles of materials, goods or merchandise through the designation of a clearly defined parking, unloading or loading space on the site plan. (iii) Locations are encouraged to be adjacent to major transportation routes, and applicants shall be required to provide sufficient information regarding anticipated vehicular traffic; (iv) applicants shall be required to demonstrate municipal servicing capacity; Bylaw No. 2018-10 32 | P a g e PART VI - 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: (v) mitigate anticipated levels of noise, odour, smoke, fumes, dust, lighting, glare vibration or other emissions emanating from the operation; (vi) ensure the safe handling and disposal of hazardous and dangerous substances and materials; (vii) shall not contain outdoor storage of any kind; Accessory Building - A separate building or structure normally incidental to the principal building or structure on the same site. Accessory Use - Use of land for other than its principal use but accessory to its principal use. Act - The Planning and Development Act R.S.S. 1978 Agriculture, Agricultural Use - The practice of using land for the production of crops or the raising of livestock for the intended purpose of the production of food or fibre. Animal Unit (AU) - the kind and number of animals calculated in accordance with the following table: Bylaw No. 2018-10 Animal Type Number of Animals = 1 Animal Unit Hens, cockerels, capons 100 Chicks, broiler chickens 200 Turkeys, geese, ducks 50 Exotic birds 25 Boars and sows 3 Gilts 4 Feeder pigs 6 Weanling pigs 20 Rams or ewes 7 Lambs 14 All (including llamas, alpacas, etc) 7 Cows and bulls 1 Feeder cattle 1.5 Replacement heifers 2 Calves 4 Colts and ponies 2 Other horses 1 Fallow deer 8.0 Fallow deer fawns 32.0 Elk 5.0 Elk calves 20.0 White tailed deer 8.0 White tailed deer fawns 32.0 Mule deer 8.0 Mule deer fawns 32.0 33 | P a g e Bare Land Condominium - shall mean a condominium with bare land units as defined by The Condominium Property Act, 1993. Bylaw No. 12-2005 Bare Land Condominium Unit - Shall mean a bare land unit as defined by The Condominium Property Act, 1993. Bylaw No. 12-2005 Building - A structure with a roof supported by columns or walls, intended to provide shelter for persons, property, animals or business activity. Building Bylaw - Any Bylaw of a municipality regulating the erection, alteration, repair, occupancy or maintenance of buildings and structures. Building Permit - Any permit, issued under a Building Bylaw of a municipality, authorizing the construction of all or part of any building or structure. Bylaw - Shall mean the "Zoning Bylaw" as defined in Part I unless the context indicates otherwise. Campground, Tourist - 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. Cannabis Production Facilities - licensed producers facilitating the growing, harvesting, storage, manufacturing, processing, packaging and labelling of industrial hemp and cannabis plants, as well as associated activities. Typical uses include: nurseries that grow plants for the harvesting of starting material, the production of facilities for the sale to consumers (both private and wholesale), and warehouse facilities for the storage and distribution. Bylaw No. 2018-10 Cannabis Retail Store - a retail store, approved under federal and provincial regulations that sells cannabis and any of its derivatives. Bylaw No. 2018-10 Condominium- Shall mean a condominium as defined by The Condominium Property Act, 1993. Bylaw No. 12-2005 Council - Shall mean the Council of the Rural Municipality of No. 493 Cluster - Shall mean a grouping of lots approved as a country residential development. Cluster Development - Shall mean 2 or more parcels of land with common boundaries or parcels that are only separated by roadways, the majority of which are less than 10 hectares in size Bylaw No. 2018-10 Development - Shall mean the carrying out of any building, engineering mining or other operations in, on or over land or the making of any material change in the use of any building or land, the moving of any building or structure onto land, the moving of a mobile home or trailer coach onto land, and the opening or stripping of land for the purpose of removing therefrom sand or gravel. Development Permit - Means a permit, issued by the Council of the Municipality, that authorizes development, but does not include a building permit. Discretionary Use - Shall mean any development that may be permitted in a zoning district only at the discretion of and at the location or locations and under the conditions specified by Council in its development permit. Dwelling - A building or part of a building designated exclusively for residential occupancy. Dwelling Group - a group of principle buildings use as dwellings, located on a single parcel and developed as a project, and may include rental, condominium or bane land condominium forms of tenure. Bylaw No. 07-2008 Dwelling, Single Detached - A detached building consisting of one (1) dwelling including a mobile home as herein defined, and used for permanent or semi-permanent residential occupancy by one-household unit. 34 | P a g e Dwelling, Semi-Detached - shall mean two (2) dwelling units side by side in one (1) building unit with a common party wall which separates without opening, the two (2) dwelling units throughout the entire structure. Farm - See farm land holding. Farm Land Holding - Shall mean the total land holding within the Rural Municipality of Shellbrook No. 493 to the farmer engaged in a principal agricultural use of the land. Farmer - A household unit whose principal source of income is derived from the principal agricultural use of a farm land holding. Feedlot - an intensified method of growing beef cattle in a confined pen for the purpose of harvesting rather than grazing or seasonal confinement of a breeding herd. Bylaw No. 2018-10 Fence - Shall mean an artificially constructed barrier erected to enclose or screen areas of land. Bylaw No. 25/2019 Floor Area - The maximum habitable area contained within the outside walls of a building, excluding in the case of a dwelling any private garage, porch, verandah, sunroom, unfinished basement, or attic. Hazard Land - Property or land that could be unsafe for development, or require measures to mitigate hazards that threaten the health and safety of people, property, or the environment, due to naturally occurring processes including, but not limited to, flooding, slumping, subsidence, landslides, erosion, or any other instability, or that is a floodplain, watercourse, or steep slope with evidence of erosion by seepage or surface water flows. Bylaw No. 11-2002 Household Unit - Means one or more persons occupying a dwelling and living as a single housekeeping unit. Home Occupation - An accessory use carried on as an occupation conducted for gain in a dwelling by the resident or residents. Intensive Agriculture - an intensified system of tillage from the concentrated raising of crops and other plants for market and without restricting the generality of the above includes: a) sod farms; b) market gardens; c) greenhouses; d) nurseries, tree farms and other similar uses. Bylaw No. 2018-10 Intensive Livestock Operation - the confining of any of the following animals, in number equal or greater than 300 animal units, where the space per animal unit is less than 370 square meters: a) poultry; b) hogs; c) sheep; d) goats; e) cattle; f) horses; g) any other animal prescribed by provincial regulation; Bylaw No. 2018-10 Intensive Livestock Operation - Shall mean the rearing, confinement or feeding of poultry, hogs, sheep or cattle in such number as may be prescribed by the regulations made pursuant to the Pollution (By Livestock) Control Act. Bylaw No. 2018-10 Minister - Shall mean the member of the Executive Council to whom for the time being is assigned the administration of the Act. Mobile Home - Shall mean a trailer coach: i) that is used as a dwelling; ii) that has water faucets and shower or other bathing facilities that may be connected to a water distribution system; and, iii) that is equipped with facilities for washing and water closet or other similar facility that 35 | P a g e may be connected to a sewage system. Modular Home - a factory built home that is manufactured as a whole or modular unit and is designed to be moved on a removable chassis to be used as one dwelling unit, and is certified by the manufacturer that it complies with the Canadian Standards Association Code CSA-A277 standard. Bylaw No. 07-2008 Municipality - Shall mean the Rural Municipality of Shellbrook No. 493 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. Nonfarm Residential - Shall refer to a dwelling or site which is located in the AR- Agricultural Residential District whose owner's principal source of household income is derived from a source other than the principal agricultural use of that site. Party Wall - means either: a) a wall erected at, or upon, a line separating two parcels of land, each of which is, or is capable of being, a separate legal parcel subdivided as per the Planning and Development Act; or b) a wall separating two Dwellings, each of which is, or is capable of being, a separate legal parcel divided under the Condominium Act, 1993; Bylaw No. 2018-10 Permanent Foundation - any concrete pads and footings, cement and screw pilings, insulating concrete form (ICF) foundations, pony walls with concrete footings, or other support structures made of concrete, wood, steel or other metal, placed on or in the ground where a permanent building will be constructed or installed. Bylaw No. 2018-10 Permitted Uses- Those land uses permitted within a zoning district in conformity with regulations of the particular zone. Principal Use - Shall mean the use of land which is the main use, the most extensive use and the major reason for development of that land. Principal Building - Shall mean a building in which is conducted the main or primary use of the site on which said building is situated. Principal Agricultural Use - Means 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 land. Public Utility - shall mean a facility or service together with its associated public site or right of way which provides transportation, energy, drainage, and/or utility lines. Reeve - Shall mean the Reeve of the Rural Municipality of Shellbrook No. 493 Secretary Treasurer - Shall mean the Secretary Treasurer or the Administrator of the Rural Municipality of Shellbrook No. 493 Bylaw No. 2018-10 Shoreline - A line defined as such on a registered plan of survey or proposed plan of subdivision or where none exists a line indicating the edge at the water at its visible high water mark. Site - Any parcel of land with fixed boundaries of record as in one title registered in the Information Services Corporation land registration system, or a "unit" in a bare-land condominium, the plan of which is registered as per the Land Titles Act, 2000. Applications where parcels are tied together shall be considered a unit for the sake of density calculations. Bylaw No. 2018-10 Site - Any parcel of land with fixed boundaries of record as in one title registered in the local land titles office. Bylaw No. 12-2005 Bylaw No. 2018-10 Site Frontage - The length of the site line front, the site line abutting the street providing access. In the case of a comer lot the shorter side shall be considered the front. Where a pie shaped, or non-rectangular lot is involved, the average width of the lot measured by its front Bylaw No. 11/2019 36 | P a g e and rear lot lines may be considered as the value for calculating the minimum frontage requirement. Sign - Any figures, numbers, emblems, pictures, devices, marks or designs or combination of such, intended to be visible from other than inside a building, for the purpose of making known any individual, association, business, industry or service, or for advertisement or for directing or obtaining attention. Subdivision - a division of land heretofore or hereafter made. Trailer Coach - Means any vehicles used or constructed in such a way as to enable it to be used as a conveyance upon public streets or highways and includes a self-propelled or non- self-propelled vehicle design, constructed or reconstructed in such a manner as will permit the occupancy thereof as a dwelling or sleeping place for one or more persons notwithstanding that its running gear is removed or that it is jacked up. Tree Nursery - Shall mean the use of land for raising shrubs, trees and bedding plants for the express purpose of commercial sale. Use - The purpose or activity for which a piece of land or its buildings is designated, arranged or intended, occupied or maintained. Yard - The open, unoccupied space on a lot between the property line and the front, rear, or side wall of a building. Yard, Front - 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 - That part of a site which extends across the full width of a site between the rear site line and the nearest main wall of a building or structure. Yard, Side - That part of a site which extends from a front yard to the rear yard between the side site line of a site and the nearest main wall of a building or structure.