Section 5: A - Agricultural District

INTENT: to protect high quality agricultural land (defined as Class 1-3 inclusive agricultural land by the Canada Land Inventory), the existing economic nature of the RM, the rural lifestyle of its residents, and the natural environment. To implement the foregoing Intent in this District, Council shall encourage and permit agriculture and agricultural-oriented commercial uses at appropriate sites, if the uses will not conflict with other adjoining uses and which will not be prohibitively difficult or costly to service.

5.1 Permitted Uses

Subject to relevant portions of Section 3, the following uses are permitted in this district:

(1) Agricultural Principal Uses

-Field crops.
-Pastures for the raising of domestic or exotic birds or livestock , excluding Intensive Livestock Operations (ILOs).
-Beehives and honey extraction facilities.
-Minor facilities for the preparation for sale of crops grown by the agricultural operation.
-Fish farming.

Farmsteads with a maximum of 2 dwellings, mobile homes or communal dwellings located on a minimum site of one Quarter Section or Equivalent (minimum 48.6 ha (120 acres)), as allowed in Section 5.3.2 (1)(a) of this Bylaw.

(2) Accessory uses and buildings:

-Farm buildings and structures for a permitted principal agricultural use on the site.
-Facilities for the sale direct to the consumer of crops grown by the agricultural operation.
-Orchards and vegetable, horticultural or fruit gardens, where accessory to a farmstead or existing residence.
-Private garages, sheds, and buildings or structures (including, but not limited to a private swimming pool with the required safety fencing) accessory to any single detached dwelling on the Farmstead or separate site approved as a Discretionary Use.

(3) Industrial Resource-based principal uses - including accessory buildings and uses:

-Petroleum and natural gas exploration wells or extraction wells and related facilities which are not proposed in an Environmentally Sensitive (ES) Overlay District.
-Oil, natural gas or carbon dioxide gas pipelines and related facilities which are not proposed in an Environmentally Sensitive (ES) Overlay District.
-Metallic or non-metallic mineral mines or extraction facilities.
-Gravel pits, gravel storage areas and contractor’s yards, which are more than 0.8 km. from a dwelling (subject to Section 10.5 of the Official Community Plan).

(4) Other principal uses, including accessory uses and buildings, but not including a residence:

-Churches, cemeteries, public institutional uses and facilities.
-Service utilities such as radio, television and microwave towers.
-Public parks, sports fields and other similar uses.
-Wildlife and conservation management areas.
-Linear public or private utilities, excluding solid and liquid waste disposal sites.
-Municipal facilities.

5.2 Discretionary Uses

Subject to Sections 3.1, 3.10, 3.11 and other relevant portions of Section 3, the following uses are discretionary in this district:

(1) Agricultural principal uses:

-Intensive livestock operations subject to Section 5.4.
-Intensive agricultural operations, including Commercial Greenhouses
- Game farms
- Controlled hunt farms

(2) Residential uses (Principal and Accessory):

-A maximum of one rectangular subdivision for a Country Residential dwelling or occupied, surplus farmsteads may be subdivided as a principal use on separate sites per quarter section subject to Section 5.3.1
-One dwelling which is accessory to, and located on the same site as a discretionary use listed in Subsections 5.2 (1) or (5).

(3) Rural-related Industrial and Commercial Principal Uses:

-Abbatoirs, including retail meat sales outlets.
-Agricultural contracting and service establishments.
-Agricultural equipment, fuel, and chemical supply establishments.
-Agricultural product processing including but not limited to, seed cleaning or packaging plants.
-Concrete plants
-Grain terminals, elevators, and related uses
-Machine shops and metal fabricators
-Petroleum or mineral processing facilities
-Vehicle Storage Areas
-the existing Bulk Fuel and Fertilizer operation on the SE 31-40-23-2.
-the existing Construction shop on the SW and fertilizer operation on the SE 31-40-23-2.
-the existing Construction shop on the SW2-40-23-2.
-the existing Fertilizer operation (Vitera) on the NEED LAND LOCATION.
-the existing Anhydrous Ammonia operation (Vitera) on the NEED LAND LOCATION

(4) Resource based principal uses including accessory buildings and uses:

-Petroleum exploration wells or extraction wells and related facilities which are proposed in an Environmentally Sensitive (ES) Overlay District.
-Pipelines and related facilities, which are proposed in an (ES) Overlay District.
-Gravel pits, gravel storage areas and contractor’s yards, which are closer than 0.8km. from a dwelling. (subject to Section 10.5 of the Official Community Plan).

(5) Other Principal Uses:

-Churches, public institutional uses and facilities, which include residences.
-Airports and private airstrips.
-Service utilities, including solid or liquid waste disposal facilities and soil farms for the rehabilitation of petroleum-contaminated soils.
-Trucking/hauling operations
-Vehicle or boat Storage Areas
- Solid and Liquid Waste Disposal Facilities
- Public or Private Utilities
-Recreational commercial uses – including but not limited to, sports arenas, golf courses or campgrounds
-Vacation farms
-Bed-and-breakfast homes
-Home based businesses, where accessory to a farmstead or residence, on the same site.
-Major agricultural related commercial or food processing uses accessory to a farmstead, and located on the same site.

5.3 District Regulations

5.3.1 Subdivision:

(1) The subdivision of any land within the Agricultural District is subject to the following site requirements, dependent on the type of use proposed, as specified in this Section.
(2) As authorised by Section 5.2(2) of this Bylaw, and as allowed in conformity with Subsections 8.2D(2) of the Plan, a quarter section (or equivalent as defined in this Bylaw), which is located within this District, may be allowed to have a maximum of 2 sites subdivided from it for a principal use. This includes 1 additional subdivision for a cut-off parcel. All such subdivisions shall require rezoning to CR prior to receiving subdivision approval.

5.3.2 Site Requirements:

(1) Separate sites for a principal use shall comply with the following:

(a) As noted in section 5.2 (2) above, and as allowed in conformity with Sections 5 and 8 of the Plan, a quarter section (or equivalent as defined in this Bylaw), which is located within this district, may be allowed to have a maximum of 2 sites subdivided from it for a principal use.
(b) The minimum site frontage for all subdivided sites shall be 30 metres.
(c) Where a smaller residential site is to be subdivided from a quarter section, the site size shall not be less than 0.8 hectares (2 acres) or more than 8 hectares (20 acres) in size.
(d) Except for linear public utilities which are exempt under Section 3.7, where a smaller non-residential site is to be subdivided from a quarter section, the site size shall not be less than 0.8 hectares (2 acres) or more than 8 hectares (20 acres) in size.
(e) At the request of the current owner of the site proposed to be subdivided as referred to in subsections (c) and (d) above, Council may use it’s discretion to vary the maximum site size requirement by no more than 50% where the change:

i) is requested to include additional land required for water supply or waste disposal systems which exist on or are proposed for the site;
ii) is requested to include or facilitate any existing or proposed landscaping, buildings, structures or natural features on the proposed site;
iii) is requested to reduce the proposed area in order to more easily manage, landscape, or otherwise maintain or develop the site;
iv) would not unnecessarily reduce, or negatively affect the existing use, size, servicing, or access to the balance of the quarter section, or equivalent as defined in this Bylaw;
v) would not negatively affect the existing use, servicing, or access to any neighbouring land.

(2) At the request of the current owner of a site proposed to be consolidated with another site to create a larger area for a permitted or approved discretionary use in this district, Council may use it’s discretion to vary the maximum site size requirement where the change would result in a parcel which is closer to the size of the quarter section or equivalent as defined by this Bylaw.

5.3.3 Farmsteads

(1) A farmstead may contain the following, where located on the same or adjoining quarter or equivalent as defined in this Bylaw:

(a) One dwelling for the operator of an agricultural use.
(b) One additional dwelling for employees or business partners of the operator engaged in the agricultural operation
(c) Facilities for the winter holding or pasturing of livestock, in lesser numbers than constitute an ILO (unless already approved by the Ministry of Agriculture (MoA) as an ILO).
(d) Buildings for permitted accessory uses.

(2) Subject to the regulations of Section 5.3.2, a farmstead, which contains a residence proposed for subdivision as a separate site, shall contain enough land area to provide its own water supply and waste disposal system.

5.3.4 Building Setback Requirements:

(1) (a) The minimum setback for all buildings in this District (including dwellings), from the centreline of a developed road or Provincial Highway shall be 45 metres (148 ft). (Note: A greater distance may be required by the Department of Highways and Transportation near a provincial highway.)
(b) The minimum setback for all dugouts and borrow pits in this District from the centreline of a developed road or provincial Highway shall be 45 metres (148 ft). (Note: A greater distance may be required by the Department of Highways and Transportation near a provincial highway.) At the request of an applicant, Council may have reduce this setback by up to 50%, where in Council’s opinion, the requested reduction would not jeopardise road maintenance or public safety.

(2) Council may exempt a proposed development from this requirement or reduce the minimum setback, where in the opinion of Council, compliance with it would be impractical or too costly for the applicant and the exemption or reduction is in the public interest.

(3) Except as may be allowed by Council under subsection (d), no new dwelling shall be located within:

(a) the separation distance to an intensive livestock operation as regulated in Sections 3.10 and 5.4.1; unless the dwelling is owned by the ILO operator;
(b) the separation distance to a solid or liquid waste disposal facility as regulated in Section 5.3.7;
(c) 305 metres (1000 ft) from a honey processing facility;
(d) Council may accept a lesser minimum separation distance to the above operations than required by clauses (a), (b), and (c), as a special standard in the issuing of a development permit, where the applicant submits a written agreement to Council between the land owner of the proposed dwelling and the owner of the operation relating to such lesser distance. Council will maintain a register of all such agreements and shall caveat such agreements against the relevant titles pursuant to Section 235 of the Act;
(e) 305 metres (1000 ft) to a non-refrigerated anhydrous ammonia facility licensed by the Department of Corrections and Public Safety; and
(f) 610 metres (2000 feet) to a refrigerated anhydrous ammonia facility licensed by the Department of Corrections and Public Safety.

(4) No dwelling or other building shall be located within the approach surface for any airport or airstrip.

(5) In the event of conflict between the setback regulations or requirements of any Overlay District and those of the underlying zone, the overlay requirements shall apply.

5.3.5 Keeping of Animals on residential sites other than farmsteads

(1) No large animal (horses or cattle) will be allowed on any site which is less than 2 hectares (5 acres).Two (2) large animals will be permitted on a site of at least 2 hectares (5 acres). Four (4) large animals will be permitted on a site of at least 4 hectares (10 acres) site. For each additional 1.2 hectares (3 acres), one (1) additional large animal will be permitted. All other animals shall be limited to domestic pets of the residents of the site.
(2) Animals shall not be pastured within 15 metres (50 ft) of any dwelling not owned by the operator of the pasture or owner of the animals, and no buildings or structures intended to contain birds or animals shall be located within 30 metres (100 feet) of a property line.

5.3.6 Intensive Agricultural Operations

(1) In the application for an Intensive Agricultural Operation (refer to Part II – Definitions), the applicant shall identify the proposed supply of water for the operation where intensive irrigation is required, which supply shall be sufficient to meet the needs of that operation without detrimental effects on the supply or ground water used by neighbouring properties.
(2) The operation may include a farmstead or dwelling on the same site. No subdivision of the farmstead, dwelling or intensive agricultural operation shall be permitted unless the operation ceases.

5.3.7 Solid or liquid waste disposal facilities:

Development and maintenance of a solid or liquid waste disposal facility as a principal or accessory use shall be subject to the separations contained in Table 1 of this Bylaw, and to the following standards:

(1) A buffer strip containing trees, shrubs or a berm may be located surrounding a solid or liquid waste disposal facility to the specifications established by Council in the required Development Permit;
(2) Any solid or liquid waste disposal facility may be fenced to a standard as specified by Council.
(3) Development of a solid or liquid waste disposal facility shall also be subject to the following Table:

Table 1: Minimum Separation Distances
Relating to Solid and Liquid Waste Disposal Facilities

Other Uses	Solid Waste Facility	Liquid Waste Facility
Single residence, tourist Accommodation	800 m	300 m
Intensive country residential subdivision, Organised Hamlet, or Urban Municipality	1.6 km	600 m
Commercial or industrial use	300 m	300 m

(Distances are measured between the fence, berm or edge of the Facility (as the case may be) and nearby development)

5.3.8 Home based businesses:

(1) shall comply with Section 3.8

5.3.9 Bed-and-breakfast Homes and Vacation Farms:

(1) shall comply with Section 3.9

5.3.10 Commercial, Industrial Resource – based and Rural – related Industrial uses:

(1) Where any of the three types of above uses are proposed a proposed as an accessory use to a farmstead, Council may apply special standards as a condition of discretionary approval limiting the size of operation, buildings used for the operation, and number of non-resident employees.
(2) An increase in the area of land for such uses, or the number or size of buildings used for their operation, shall require a development permit subject to discretionary approval by Council.
(3) Council may require special standards for the location, set back or screening of any area devoted to the outdoor storage of machinery, vehicles, or vehicular parts in conjunction with such operations including those for any vehicle or boat storage area yard.

5.3.11 Campgrounds

(1) The operator of a campground shall provide the development officer with a plan of the campground, identifying any buildings, uses of land and the location of all roadways and Vacation Trailer or tent campsites with dimensions. The addition or rearrangement of campsites, the construction or moving of buildings, the material change in use of portions of land, or the filling or clearing of land shall require a development permit, and the operator shall submit for approval an amended plan incorporating the development.
(2) A campground shall have within its boundaries a buffer area abutting the boundary of not less than 4.5 metres, which shall contain no buildings.
(3) The operator of a campground shall designate a campsite for each Vacation Trailer or tent party, which shall be less than 150 square metres in area with its corners clearly marked.
(4) No portion of any campground shall be located within a roadway or required buffer area.
(5) Each campsite within the campground shall have direct and convenient access to a developed roadway, which is not located in any required buffer area.
(6) Each trailer coach shall be located at least 4.5 metres from any other trailer coach, and each campsite shall have dimensions sufficient to allow such location of trailer coaches.
(7) The space provided for roadways within a campground shall be at least 7.5 metres in width. No portion of any campsite, other use or structure shall be located in any roadway.
(8) No trailer coach shall be stored on any campsite when the campground is not open.
(9) A campground may include as accessory uses, a laundromat or a confectionary designed to meet the needs of the occupants of the campsites, and one single detached dwelling for the accommodation of the operator.
(10)The Public Health Act and the Regulations passed there under, shall be complied with in respect to all operations and development of the campground

5.4 Specific Development Standards for Intensive Livestock Operations in the Agricultural District

5.4.1 Intensive livestock operations:

(1) Council is governed by the location policies contained in the Official Community Plan, Section 6.2C in the issuing of a discretionary approval for an I.L.O.
(2) Any operation involving raising livestock shall be considered an ILO for the purpose of this bylaw if it:

(a) requires a permit for an Intensive Livestock Operation from the Ministry of Agriculture (MoA) under the Agricultural Operations Act; or
(b) will, in Council’s opinion, contain more than 300 animal units which are cattle, horses, poultry, domesticated or exotic Game Farm animals on a quarter section or less, on a permanent basis; or
(c) is an expansion of an existing ILO which has been permitted by MoA; or
(d) involves the alteration of animal species in an existing ILO; or
(e) is a Game Farm or Controlled Hunt Farm which has been permitted by MoA.

(3) In considering whether a specific livestock operation should be classed as an ILO for the purposes of subsections (2)(b) or (c), Council shall exempt existing or proposed operations from compliance as an ILO if Council determines that the operation involves only the temporary confinement of livestock during winter months as part of a mixed farming operation. This subsection shall not apply to any livestock operation classed as an ILO for the purposes of subsections (2)(a), (d) or (e).

(4) Approval of an ILO shall be for a specific maximum number of animal units specified by council as a condition of the development permit. A new discretionary approval shall be required to expand the ILO, or to substantially alter the species of animals in the operation.

(5) Council shall require information from the ILO applicant regarding the type, frequency, and technology proposed for, and land location of manure application. If the applicant is proposing to spread manure rather than use alternate means of manure handling or application (e.g. earthen manure storage or direct injection), Council may add the following as conditions of the discretionary use:

(a) Council may require that the applicant use only the specific areas of cropland or improved pasture which have been approved for manure application by MoA. Any subsequent change to the location of the manure application areas specified as a permit condition shall also require the prior approval of Council, and shall be added as a new condition to the original permit;
(b) Council may require that the manure which is being spread on the specific areas of cropland or improved pasture which have been approved for manure disposal by MoA, shall not be spread on frozen ground, and shall be incorporated into the soil within 24 hours of spreading, unless incorporation is prevented by adverse weather conditions, in which case incorporation shall take place as soon as practical.

Table 2 – Minimum Separation Distances for Intensive Livestock Operations *

Table 2 Location Separation Criteria for ILOs to Specific Uses
Development	Number of Animal Units
	300 – 499	500 - 2,000	2,000 - 5000	>5000
Dwellings in an Agricultural or CR District, public wells, tourist accommodations, campgrounds, commercial or industrial uses	300 metres	800 metres	1600 metres	1600 metres
Multi-parcel subdivisions in a CR 2 or H District, Villages or Towns	1600 metres	2400 metres	3200 metres	3200 metres

(Distances are measured between livestock facilities (barns, corrals, earthen manure storage facility or other approved manure stockpile/treatment facility) and any dwelling or the boundary of an Organised Hamlet, Village or Town.

* refer to Subsection 5.4.1(2) of this Bylaw for the minimum size of an ILO, based on the type of Animal Units which it contains and clarification of the difference between an ILO and a grazing operation with temporary winter confinement.)

5.4.2 Non-Intensive Livestock Operations:

(1) Except for the provisions of Subsection 2, all new or expanding Non-intensive Livestock Operations (those which do not require an ILO Permit from MoA), including those which are under 300 Animal Units as shown on Table 2, are prohibited from applying manure within 400 m of a neighbouring dwelling (including the potable water supply of that dwelling) or inside an Environmentally Sensitive Overlay District. The prohibition in this Subsection shall not apply to land being used as existing manure application areas by an existing Operation which qualifies under this Bylaw and the Act as a legal, Non-Conforming Use.
(2) If the neighbour and the owner of the Operation agree in writing to the new location for the manure application within the 400 m distance of the neighbour’s dwelling, Council will consider the agreement as part of an application for a Discretionary Use Permit with a condition exempting the Operator from this setback requirement. Prior to making a decision on the proposed Discretionary Use Permit, Council shall consider the proposal in relation to the soil type, local topography, expected manure constituency and application rates, the adequacy of the proposed separation to reduce odour and nuisance (including any new technology which will substantially decrease the odour or nuisance), and any other matter identified by Council. The Operator may also be asked to supply a report from a professional agrologist or engineer commenting on the environmental effects of the proposal. The proposal may also be referred to MoA for comment. Where such agreements are made, Council shall be a party to the agreement and may use Section 235 of the Act to caveat the agreement to the title of the affected lands. The applicant for the permitted or discretionary use shall pay the full cost of preparing and registering the interest on all affected land titles.