A discussion that has occurred with many municipalities over the past few months is determining exactly what a zoning bylaw should do. What is the general content associated with it, and is there any variability in what it can include?聽
In the Planning and Development Act, there is a section that describes what a ZB 鈥渟hall鈥� provide and another section that describes what a ZB 鈥渕ay鈥� provide. These two words are very important within the planning and development world. The word 鈥渟hall鈥� is committal, which means it is mandatory these topics be provided within the ZB. For example, the development officer shall require the submission of a development permit application for the construction of structures or buildings over 100 square feet. The word 鈥渕ay鈥� is not binding, which means it is optional that these topics be included within the ZB, and subsequently, when this word is used within the ZB, it means discretion is used to determine whether the requirement is requested. For example, council may attach approval conditions to a development permit application to receive the go ahead on the project.听
To first discuss what must be included within a ZB the reader of the act can turn to section 49, which outlines contents that are mandatory. If a ZB is to be written, then there must be creation of zoning districts that list what are permitted uses within each of the districts. Districts are created to regulate land uses, so uses and associated regulations are necessary to ensure land use is managed effectively.听
Council must also clearly state who the development officer is, which typically is the administrator, unless the municipality states otherwise. The document must outline the procedures for development permits, such as when they are required, processing and notification, issuance and relevant validity periods for specific types of permits.听
The ZB must discuss minor variances to building setbacks, and the creation of a development appeals board to hear appeals for enforcement completed by the municipality. Finally, the ZB is to provide for any other matter that may be necessary to regulate and control the issuance of development permits as council deems necessary.听
When these documents are reviewed by the Province of Saskatchewan, these items are necessary to be approved. If these fundamental components are not provided for, then the document will be rejected and the municipality and their planning consultant will have to rescind readings and start over including the public notification for ratepayers.听
Optional content that may be included within a ZB is far larger, but these items may not be applicable to every municipality. The act governs all municipalities within the Province of Saskatchewan, but urban areas like North Battleford, Meadow Lake, Saskatoon and Regina have the Cities Act permitting them approving authority, which gives them more decision-making power within their municipal boundaries. The Northern Administration District, areas like La Loche, La Ronge, Black Lake and Sandy Bay have the Northern Municipalities Act, which also has more specific requirements.
The additional content include items like: discretionary uses and their associated evaluation criteria and regulations; specific lot regulations like site coverage, building heights and sizes, and landscaping; parking, storage and loading requirements; hazardous land development (slope instability or flood-prone areas) controls; lighting and sound pollution; and performance bonds, levies, and servicing agreement requirements for development and subdivision.听
As you can, see some of these items are not an issue within some low-development rural municipalities, which is why they are listed as optional in the act.听
Essentially, ZBs can be as simple or complicated as the municipality wants, but depending on how you want to control development, some of the optional contents become essential for implementation. Just keep in mind there are only 11 items that a ZB must have, and that all municipalities need to adopt if they want to implement a ZB alongside an official community plan.听
鈥� S. Yvonne Prusak, BASc, MA, MCIP, RPP, is a municipal planner with municipalities and communities in Northwest Saskatchewan. She specializes in land use planning and development. She can be reached at 306-845-6702 or at [email protected].听
