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Town of Elrose
ZONING BYLAW
2018 - 10
TABLE OF CONTENTS
1 INTRODUCTION ............................................................................................................................................................................. 3
1.1
Authority ........................................................................................................................................................................... 3
1.2
Title ................................................................................................................................................................................... 3
1.3
Purpose ............................................................................................................................................................................. 3
1.4
Scope ................................................................................................................................................................................. 3
1.5
Severability ....................................................................................................................................................................... 3
2 DEFINITIONS .................................................................................................................................................................................. 4
3 ADMINISTRATION AND INTERPRETATION ................................................................................................................................... 14
Development Officer ....................................................................................................................................................... 14
Council ............................................................................................................................................................................ 14
Application for a Development Permit ........................................................................................................................... 14
Development Requiring a Permit, but Not Requiring a Fee ............................................................................................ 14
Development Permit Procedure ..................................................................................................................................... 15
Concept Plans.................................................................................................................................................................. 16
Development Permit: Validity ......................................................................................................................................... 16
Development Permit Application Fees............................................................................................................................ 16
Discretionary Use Application Fees ................................................................................................................................. 16
Fee for Zoning Amendment Application ......................................................................................................................... 17
Concurrent Processing of Development Permits, Building Permits and Business Licenses ............................................ 17
3.11
Referral Under The Public Health Act ............................................................................................................................. 17
Development Appeals Board .......................................................................................................................................... 17
Minor Variances .............................................................................................................................................................. 17
Non-Conforming Buildings Uses and Sites ...................................................................................................................... 18
Development Permit - Invalid ........................................................................................................................................ 18
Cancellation .................................................................................................................................................................... 19
Stop-Work ....................................................................................................................................................................... 19
Interpretation ................................................................................................................................................................. 19
Offences and Penalties ................................................................................................................................................... 19
Inspection of Premises .................................................................................................................................................... 19
Bylaw Compliance ........................................................................................................................................................... 19
Moving Of Buildings ........................................................................................................................................................ 19
Demolition of Buildings ................................................................................................................................................... 19
Temporary Development Permits ................................................................................................................................... 19
Development Agreements .............................................................................................................................................. 20
Servicing Agreements ..................................................................................................................................................... 20
Performance Bonds......................................................................................................................................................... 20
Liability Insurance ........................................................................................................................................................... 20
Interests .......................................................................................................................................................................... 20
4 GENERAL REGULATIONS .............................................................................................................................................................. 21
Licenses, Permits and Compliance with Other Bylaws and Legislation ........................................................................... 21
Principal Use Established ................................................................................................................................................ 21
Multiple Uses .................................................................................................................................................................. 21
Number of Principal Buildings on A Site .......................................................................................................................... 21
Modular Homes/ RTM (Ready-To-Move) Homes ............................................................................................................ 21
Front Yard Reduction ...................................................................................................................................................... 21
Frontage for Irregular Sites ............................................................................................................................................. 21
Permitted Yard Encroachments ...................................................................................................................................... 22
Restoration to a Safe Condition ...................................................................................................................................... 22
Grading and Leveling Of Sites ......................................................................................................................................... 22
Restrictions on Changes .................................................................................................................................................. 22
Uses Permitted In All Zoning Districts ............................................................................................................................. 22
Site Development Regulations for Development Near Water Sources ........................................................................... 22
Signage on Natural and Human Heritage Sites ............................................................................................................... 23
Heritage Properties ......................................................................................................................................................... 23
Landscape Buffers ........................................................................................................................................................... 23
Height of Buildings .......................................................................................................................................................... 23
Prohibited and Noxious Uses .......................................................................................................................................... 23
Closings ........................................................................................................................................................................... 24
Bareland Condominium Developments .......................................................................................................................... 24
Satellite Dishes ................................................................................................................................................................ 24
Communication Towers .................................................................................................................................................. 24
Private Garages, Sunrooms, Solariums, and Greenhouses ............................................................................................. 24
Swimming Pools .............................................................................................................................................................. 24
Disposal of Wastes .......................................................................................................................................................... 25
Development Standards for Discretionary Uses ............................................................................................................. 25
Home Occupations .......................................................................................................................................................... 25
4.28 Accessory Dwelling Units (Secondary Suites and Garden Suites)...........................................................................................26
Solid and Liquid Waste Disposal Facilities ....................................................................................................................... 26
Bed And Breakfast Homes............................................................................................................................................... 27
Campgrounds .................................................................................................................................................................. 27
Intermodal Storage Containers (Trailers, Sea and Rail Containers) - Council Decision .................................................. 27
Portable Storage Units .................................................................................................................................................... 28
4.34 Criteria for Medicinal Marijuana Production Facilities (MMPF)...............................................................................................28
1
5 ZONING DISTRICTS AND ZONING MAPS ...................................................................................................................................... 29
5.1
Zoning Districts ............................................................................................................................................................... 29
5.2
The Zoning District Map .................................................................................................................................................. 29
5.3
Boundaries of Zoning Districts ........................................................................................................................................ 29
5.4
Holding Designation ........................................................................................................................................................ 29
5.5 Future Urban Development District - FUD .................................................................................................................................. 30
5.5.1 Permitted Uses ................................................................................................................................................................ 30
5.5.2 Discretionary Uses .......................................................................................................................................................... 30
5.5.3 Site Development Regulations ........................................................................................................................................ 30
5.5.4 Signage ............................................................................................................................................................................ 30
5.5.5 Accessory Buildings ......................................................................................................................................................... 30
5.5.6 Supplementary Regulations ............................................................................................................................................ 31
5.6 Residential District - R1 ............................................................................................................................................................... 32
5.6.1 Permitted Uses ................................................................................................................................................................ 32
5.6.2 Discretionary Uses .......................................................................................................................................................... 32
5.6.3 Prohibited Uses ............................................................................................................................................................... 32
5.6.4 Accessory Uses ................................................................................................................................................................ 32
5.6.5 Site Development Regulations ........................................................................................................................................ 32
5.6.6 Development Standards for Mobile homes .................................................................................................................... 33
5.6.7 Accessory Uses, Buildings and Structures ....................................................................................................................... 34
5.6.8 Signage ............................................................................................................................................................................ 34
5.6.9 Fence and Hedge Heights................................................................................................................................................ 34
5.6.10 Outside Storage .............................................................................................................................................................. 34
5.6.11 Regulations for Residential Parking ................................................................................................................................ 35
RESIDENTIAL ACREAGE DISTRICT - RA OPTIONAL........................................................................................................... 36
5.7.1 Permitted Uses ................................................................................................................................................................ 36
5.7.2 Discretionary Uses .......................................................................................................................................................... 36
5.7.3 Site Development Regulations ........................................................................................................................................ 36
5.7.4 Signage ............................................................................................................................................................................ 36
5.7.5 Accessory Buildings and Uses ......................................................................................................................................... 36
5.7.6 Outside Storage .............................................................................................................................................................. 37
5.8
TOWN CENTRE COMMERCIAL DISTRICT - C1.................................................................................................................. 38
5.8.1 Permitted Uses ................................................................................................................................................................ 38
5.8.2 Discretionary Uses .......................................................................................................................................................... 38
5.8.3 Prohibited Uses ............................................................................................................................................................... 38
5.8.4 Site Development Regulations ........................................................................................................................................ 39
5.8.5 Accessory buildings ......................................................................................................................................................... 39
5.8.6 Signage ............................................................................................................................................................................ 39
5.8.7 Parking ............................................................................................................................................................................ 39
5.8.8 Parking Lots ..................................................................................................................................................................... 40
5.8.9 Off-Street Loading ........................................................................................................................................................... 40
5.8.10 Landscaping .................................................................................................................................................................... 40
5.8.11 Supplementary Regulations ............................................................................................................................................ 40
5.9
COMMERCIAL/LIGHT INDUSTRIAL DISTRICT - C2 ........................................................................................................... 41
5.9.1 Permitted Uses ................................................................................................................................................................ 41
5.9.2 Discretionary Uses .......................................................................................................................................................... 41
5.9.3 Prohibited Uses ............................................................................................................................................................... 42
5.9.4 Subdivision and Site Regulations .................................................................................................................................... 42
5.9.5 Accessory Buildings and Uses ......................................................................................................................................... 42
5.9.6 Parking ............................................................................................................................................................................ 42
5.9.7 Parking Lots ..................................................................................................................................................................... 43
5.9.8 Supplementary Regulations or Special Provisions .......................................................................................................... 43
5.9.9 Landscaping .................................................................................................................................................................... 43
5.9.10 Outdoor Storage ............................................................................................................................................................. 43
5.9.11 Performance Standards .................................................................................................................................................. 43
5.9.12 Auto-body Shops ............................................................................................................................................................. 44
5.9.13 Bulk Petroleum Storage ................................................................................................................................................... 44
5.9.14 Signage ............................................................................................................................................................................ 44
5.10
COMMUNITY SERVICE DISTRICT - CS ............................................................................................................................... 45
5.10.1 Permitted Uses ................................................................................................................................................................ 45
5.10.2 Discretionary Uses .......................................................................................................................................................... 45
5.10.3 Site Development Regulations ........................................................................................................................................ 45
5.10.4 Accessory Buildings ......................................................................................................................................................... 46
5.10.5 Signage ............................................................................................................................................................................ 46
5.10.6 Parking ............................................................................................................................................................................ 46
5.10.7 Landscaping .................................................................................................................................................................... 46
6 REPEAL AND ADOPTION .............................................................................................................................................................. 47
APPENDIX "A" ZONING MAP .............................................................................................................................................................. 48
APPENDIX "B" .................................................................................................................................................................................... 49
APPENDIX "C" .................................................................................................................................................................................... 50
APPENDIX "D" .................................................................................................................................................................................... 52
2
1 INTRODUCTION
1.1
Authority
Under the authority granted by The Planning and Development Act, 2007, the Mayor and
Council of the Town of Elrose in the Province of Saskatchewan, in open meeting, hereby enact
as follows:
1.2 Title
This Bylaw shall be known and may be cited as the "Zoning Bylaw" of the Town of Elrose.
1.3 Purpose
1.3.1
The purpose of this Bylaw is to regulate development and to control the use of land in the Town
of Elrose in accordance with the Town of Elrose Official Community Plan Bylaw 2018 - 9.
1.3.2
The intent of this Zoning Bylaw is to provide for the amenity of the area within the Town of
Elrose (hereinafter referred to as Elrose) and for the health, safety, and general welfare of the
inhabitants of Elrose and area:
a) To minimize land use conflicts;
b) To establish minimum standards to maintain the amenity of the Town;
c) To ensure development is consistent with the physical limitations of the land;
d) To restrict development that places undue demand on the Town for services; and
e) To provide for land-use and development that is consistent with the goals and
objectives of the Town.
1.4 Scope
This Bylaw applies to all land included within the boundaries of the Town of Elrose. All
development within the limits of the Town of Elrose shall hereafter conform to the provisions
of this Bylaw.
1.5 Severability
A decision of a Court that one or more of the provisions of this Bylaw are invalid in whole or in
part does not affect the validity, effectiveness, or enforceability of the other provisions or
parts of the provisions of this Bylaw.
3
2 DEFINITIONS
Whenever the subsequent words or terms are used in the Town of Elrose Official Community Plan, Bylaw No.
2018 - 9 and this Bylaw, they shall, have the following definition unless the context indicates otherwise.
Abattoir: a facility for butchering or slaughtering animals, and
to dress, cut, inspect meats, refrigerate, cure and manufacture
by-products.
Accessory: a building or use that:
a)
is subordinate to and serves the principal building or
principal use;
b)
is subordinate in area, mass, extent, and purpose to
the principal building or principal use served;
c)
contributes to the comfort, convenience, or necessity
of occupants of the principal building or assists the
principal use; and
d)
is located on the same site as the principal building or
use.
Act: The Planning and Development Act 2007, Province of
Saskatchewan, as amended from time to time.
Adjacent: contiguous or would be contiguous if not for a river,
stream, railway, road or utility right-of-way or reserve land; and
any other land identified in this Bylaw as adjacent land for the
purpose of notification.
Administrator: the Administrator of the Town of Elrose.
Aggregate Resource: mineral materials including sand, gravel,
clay, earth or mineralized rock, including recycled concrete.
Agricultural: a use of land, buildings or structures for the
purpose of animal husbandry, fallow, field crops, forestry,
market gardening, pasturage, private greenhouses and includes
the growing, packing, treating, storing and sale of produce
produced on the premises and other similar uses customarily
carried on in the field of general agriculture.
Alteration or Altered: with reference to a building, structure or
site means a change from one major occupancy class or division
to another, or a structural change such as an addition to the
area or height, or the removal or part of a building, or any
change to the structure such as the construction of, cutting into
or removal of any wall, partition, column, beam, joist, floor or
other support, or a change to or closing of any required means
of egress or a change to the fixtures, equipment, cladding, trim,
or any other items regulated by this Bylaw such as parking and
landscaping.
Ancillary Use: a secondary and subordinate use to the principle
use, which is specifically allowed, and may include an
associated building that is specifically allowed pursuant to this
Bylaw.
Animal Clinic: a building or part thereof used by a qualified
veterinarian for the treatment of animal health needs where
animals are not kept on the premises for surgery or kept
overnight.
Animal Hospital: the premises of a veterinary surgeon where
small, large domestic animals and livestock are treated or kept
involving surgery and the keeping of animals in outdoor or
indoor pens.
(Animal)Veterinary Clinics: a place for the care and treatment
of small animals involving outpatient care and medical
procedures involving hospitalization, but shall not include the
keeping of animals in outdoor pens.
Apartment Block: a building containing three or more dwelling
units as herein defined, each of which is occupied or intended
to be occupied as a permanent home or residence as distinct
from a hotel or rooming house.
Applicant: a developer or person applying for a Development
Permit under this Bylaw or for a subdivision approval to an
approving authority under The Planning and Development Act
2007.
Attic: that portion of a building situated wholly or in part
within the roof and which is less than one-half story.
Automobile (Motor Vehicle): a self-propelled passenger
vehicle that usually has four wheels and an internal-combustion
engine, used for land transport.
Auto Wrecker: an area where motor vehicles as disassembled,
dismantled or junked, or where vehicles not in operable
condition, or used parts of motor vehicles, are stored or sold to
the general public
Awning: a structure that is mechanical and fabricated from
plastic, canvas or metal that is spread across a frame designed
to be attached to a wall and hung above a doorway or window.
Basement: that portion of a building that is partly or wholly
underground.
Bed and Breakfast: a dwelling unit, licensed as a tourist home
under The Tourist Accommodation Regulations, 1969, in which
overnight accommodation within the dwelling unit, along with
one meal served before noon, is provided to the traveling
public for a charge.
Billboard: a private free standing sign, including supporting
structure, which advertises goods, products, services,
organizations, of facilities that are available from, located on, or
refer to, a site other than the site on which the sign is located.
Buffer: a strip of land, vegetation or land use that physically
separates two or more different land uses.
Building: a structure constructed on, in, or over land and used
for the shelter or accommodation of persons, animals, goods,
or chattels, and includes any structure covered by a roof
supported by walls or columns.
Building, Accessory (see Accessory)
Building Bylaw: a Bylaw of the Town of Elrose authorized by
The Uniform Building and Accessibility Standards Act (UBAS Act)
to regulate the erection, placement, alteration, repair,
renovation or reconstruction of a building.
Building Height: the vertical distance of a building measured
from the finished grade level to the highest peak of the roof.
Building Height Measurement
4
Building Permit: a permit, issued under The Building Bylaw of
the Town of Elrose, authorizing the construction of, or the
addition to, any building but does not include a Development
Permit.
Building, Principal: a building in which is conducted the main or
primary use of the site on which said building is situated.
Building Line, Established: the average distance from the
street line to the main wall of existing buildings on any side of
any block where more than half the frontage of the block has
been built on.
Bulk Fuel Sales and Storage: includes land, buildings, and
structure for the storage and distribution of fuels and oils
including retail sales or key-lock operation.
Business Support Services: activities intended to provide
administrative, promotional or technical support for
commercial and industrial activities.
Bylaw: The Town of Elrose Zoning Bylaw.
Campground: an area used for a range of overnight camping
experiences, from tenting to serviced trailer sites, including
accessory facilities which support the use, such as
administration offices and laundry facilities, but not including
the use of mobile homes or trailers on a permanent year-round
basis.
Cardlock Operation: a petroleum dispensing outlet without
full-time attendants.
Carport: a building or structure or part thereof, where at least
40% of the area of the perimeter is open and unobstructed by a
wall, door, post or pier and which is used for the parking or
storage of motor vehicles.
Cemetery: a cemetery or columbarium within the meaning of
The Cemeteries Act Chapter C-4, R.S.S. 1981, as amended from
time to time.
Club: a group of people organized for a common purpose, to
pursue common goals, interest or activities, and usually
characterized by certain membership qualifications, payment of
dues or fees, regular meetings, and a constitution and bylaws.
Commercial Use: the use of land, building(s), or structure(s) for
the purpose of buying and selling commodities, and supplying
professional and personal services for compensation.
Commercial/Industrial Use, Large Scale: commercial or
Industrial land uses maintaining a lineal frontage in excess of
91.0 metres (298.56 feet).
Commercial/Industrial Use, Small Scale: commercial or
Industrial land uses maintaining a lineal frontage of 91.0 metres
(298.56 feet) or less.
Communication Facility: (see (tele) communication
facility.)
Community Facilities: buildings or facilities used for
recreational, social, educational or cultural activities and that
are owned by a municipal corporation, non-profit corporation
or other non- profit organization.
Compost: materials used in gardening, agriculture,
landscaping, erosion control, wetland construction, and landfill
cover.
Concrete and Asphalt Plant: an industrial facility used for the
production of asphalt or concrete, or asphalt or concrete
products, used in building or construction, and includes
facilities for the administration or management of the business,
the stockpiling of bulk materials used in the production's
process or of finished products manufactured on the premises
and the storage and maintenance of required equipment.
Condominium: land, buildings, and units, including private and
common property as defined under The Condominium Property
Act.
Conservation: the planning, management and implementation
of an activity with the objective of protecting the essential
physical, chemical and biological characteristics of the
environment.
Construction Trades: offices, shops and warehouses, with or
without retail sales for trades associated with construction of
buildings.
Contractors Yard: the yard of a contractor or company,
including landscaping materials used as a depot for the storage
and maintenance of equipment used by the contractor or
company, and includes facilities for the administration or
management of the business and the stockpiling or storage of
supplies used in the business.
Convenience Store: a store offering for sale primarily food
products, beverages, personal care items, hardware and
printed matter and which primarily provides a convenient day-
to-day service to residents in the vicinity.
Council: The Council of the Town of Elrose.
Cultural Institution: establishments such a museums, art
galleries, libraries and similar facilities or historical, educational
or culturally interests which are not commercially operated.
Day Care Centre: an establishment providing for the care,
supervision and protection of children (or adults) but does not
include the provision or overnight supervision.
Deck: any raised floor structure at least 0.31 metres (1 foot)
above the average ground level upon which it is constructed,
either adjacent to a building or free-standing with stairway,
ramp, or similar access.
Development: the carrying out of any building, engineering,
mining, or operations in, on, or over land, or making of any
material change in the use or intensity of use of any building, or
land, and shall include, but not be limited to, excavating, filling,
grading or drainage of land.
Development Officer: a person appointed by the Town Council
to act as a Development Officer to administer this Bylaw.
Demolition Permit: a permit issued for the removal or
dismantling of a building or structure with the Town's
boundaries as prescribed under Section 13 of The Uniform
Building and Accessibility Standards Act.
Development Permit: a document issued by the Council of the
Town of Elrose that authorizes development pursuant to this
Bylaw, but does not include a building permit.
Directional Signage: signage located off-site providing
direction to, and information about, a specific enterprise or
activity which does not contain general advertising.
Discretionary Use: uses or development of land, buildings, or
other structures that may be permitted in a Zoning District only
at the discretion of Council and which conforms to all
discretionary use regulations and other regulations applicable
to the district in which the use is located.
Dwelling: a building or part of a building intended for
residential occupancy.
Dwelling Unit: one or more habitable rooms used, or fully
capable of being used as a residence, where each unit provides
sleeping, cooking and toilet facilities, but does not include
rooming houses or rooming units.
5
Dwelling, Converted: a dwelling that is more than 30 years old
that was originally designed or used as a one or two unit
dwelling and in which additional dwelling units have been
created.
Dwelling, Duplex: a building, including a bare land
condominium, which is divided either vertically or horizontally
into two dwelling units with separate entrances
Dwelling Group: a group of single-detached, semi-detached, or
multiple unit dwellings clustered on one lot or site, built as one
development.
Dwelling, Multiple Unit: a building containing four or more
dwelling units and shall include condominiums, Townhouses,
row houses, and apartments, but not include a converted
dwelling, rooming house, hotel, or motel.
Dwelling, Semi-Detached: a building divided vertically into two
(2) dwelling units by a common wall extending from the base of
the foundation to the roofline.
Dwelling, Single-Detached: a building containing only one
dwelling unit, including a bare land condominium and shall not
include a mobile home as herein defined.
Dwelling, Town House: a dwelling, designed as one cohesive
building in terms of architectural design, which contains three
(3) or more similar attached dwelling units each of which fronts
on a street, has direct access to the outside at grade and is not
wholly or partly above another dwelling.
Dwelling, Tri-plex: a building, including a condominium which
is divided vertically into three dwelling units, each with its own
entrance.
Educational Institution: an establishment dedicated for the
purpose of providing education and instruction in any branch of
knowledge.
Existing: in place, or taking place, or with all approvals and
permits in place on the date of the adoption of this Bylaw.
Farm Building/Yard: improvements such as barns, granaries,
etcetera, used in connection with the growing and sale of trees,
shrubs and sod or the raising or production of crops, livestock
or poultry, fur production, bee keeping and situated on a parcel
of land used for the farm operation.
Fence: a structure used to enclose or screen areas of land.
Fill (Clean Fill): soil, rock or other material approved by the
Town.
Flanking: means to the side of a lot, parcel or site.
Flood: a temporary rise in the water level that results in the
inundation of areas not ordinarily covered by water.
(Design) Flood Level:
a)
a 1:500 year flood;
b)
a flood having a return period greater than 1:500 years;
c)
a recorded flood having a water surface elevation equal
to or exceeding that of a 1:500 year flood
Flood Fringe: the portion of the floodplain where the waters in
the 1:500 year flood are projected to be less than a depth of
one metre or a velocity of one metre per second.
Flood proofed: a measure, or combination of structural and
non-structural measures, incorporated into the design of a
structure which reduces or eliminates the risk of flood damage
to a defined elevation.
Floodway: the portion of the flood plain adjoining the channel
where the waters in the 1:500 year flood are projected to meet
or exceed a depth of one (1) metre or a velocity of one(1) metre
per second.
Floor Area: the maximum area contained within the outside
walls of a building, excluding in the case of a dwelling, any
private garage, porch, veranda, open deck, unfinished attic, or
unfinished basement or cellar and in a commercial or industrial
building, any utility room.
Freeboard Elevation: the elevation of the Design Flood Level
(the 1:500 flood elevation) plus an extra 0.50 metres (1.64 feet)
to provide protection against wave run-up and ice surge.
Frontage (Lot Frontage): the distance across the street side of
a lot (a lot must front on a street), between the points where
the side lines of the lot meet the street right of way or
boulevard; or, where a lot is irregular in shape and is narrowest
at the front street end, the width of the lot shall be measured
parallel to the street line at the centre of the front lot line, and
at a setback from the front lot line no greater than the
minimum permitted building setback.
Future Land Use Map: in its projections, the map specifies
certain areas for residential growth and others for residential,
industry, commercial and conservation. The Future Land Use
Map for Elrose is attached as Appendix "A" in the Official
Community Plan.
Garage, Private: a building or part of a building used for or
intended to be used for the storage of motor vehicles and
wherein neither servicing nor repairing of such vehicles are
carried on for remuneration.
6
Semi-Detached Dwelling
Single-Detached Dwelling
Town House Dwelling
Garage, Public: a building or place where motor vehicles are
stored or repaired for remuneration but does not include car
washing establishments, an auto sales lot or an automobile
service station.
Garden (Granny) Suite: a second, small, dwelling on the site of
a primary, single-family dwelling that accommodates one or
two family members of the owner/occupants of the primary
residence and is intended to allow the family to live
independently but with the support nearby of the extended
family.
Gas Bar: a building or place where fuel and automotive fluids
are sold and may be added to a vehicle on the property, and
which may have a convenience store and/or restaurant.
General Commercial Type I: those developments where
activities and uses are primarily carried on within an enclosed
building intended to provide for the merchandising of refined
goods and services targeted for the travelling public and the
surrounding community for financial gain.
General Industry Type I: those developments where
activities and uses are primarily carried on within an enclosed
building where no significant nuisance factor is created or
apparent outside an enclosed building. Developments of this
type shall not pose, in the opinion of a Development Officer,
any significant risk of interfering with the amenity of adjacent
sites because of the nature of the site, materials or processes
and shall include but not be limited to the following activities:
a)
the assembling of goods, products or equipment;
b)
the limited processing of raw, value-added or finished
materials;
c)
the storage or trans-shipping of materials, goods and
equipment;
d)
the training of personnel in general industrial
operations;
e)
it may include any indoor display, office, technical or
administrative support areas or any sales operation
accessory to the general industrial uses.
General Industry Type II: those developments in which all
or a portion of the activities and uses are carried on outdoors,
without any significant nuisance or environmental factors such
as noise, appearance, or odour, extending beyond the
boundaries of the site. Developments of this type shall not
pose, in the opinion of a Development Officer, any significant
risk of interfering with the amenity of adjacent sites because of
the nature of the site, materials or processes and shall include
but not be limited to the following activities:
a)
manufacturing, fabricating, processing, assembly,
finishing, production or packaging of materials, goods or
products;
b)
the storage or transshipping of materials, goods and
equipment;
c)
the cleaning, servicing, repairing or testing of materials,
goods and equipment normally associated with
industrial or commercial businesses or cleaning,
servicing and repair operations to goods and equipment
associated with personal or household use, where such
operations have impacts that would make them
incompatible in non-industrial districts.
General Industry Type III (Exclusionary Uses): refers to
certain industrial activities that maybe characterized as
exhibiting a high potential for adversely affecting the safety,
use, amenity or enjoyment of adjacent and nearby industrial
and non-industrial sites due to their scale, appearance, noise,
odour, emissions and hazard potential. Such activities are
considered exclusionary when the only means of mitigating the
associated negative effects on surrounding land uses is through
spatial separation. Such uses would include, but not be limited
to, the following: Landfill, Ethanol Plant, Transformer Stations,
Uranium Refiners, Anhydrous Ammonia Storage and
Distribution Centres.
Grade: the average elevation of the natural ground level at the
walls of a building or structure as determined by the elevation
of the four outside corners of the building.
Greenhouse, Commercial: a building for the growing of
flowers, plants, shrubs, trees and similar vegetation that are not
necessarily transplanted outdoors on the same site, but are
sold directly at wholesale or retail from the site.
Greenhouse, Private: a building for the growing of flowers,
plant, shrubs, trees and similar vegetation that are transplanted
outdoors on the same site containing such greenhouse(s), and
where greenhouse products may not be offered for sale.
Greenways: a linear park which may accommodate pathways
principally for foot traffic and/or bicycles. Typically, greenways
are planned along creeks or streams and managed as natural
environments, or bikeways along landscaped roads.
Group Home: (see Personal Care Home)
Hazardous Industry/Substance: a substance that, because of
its quality, concentration or physical, chemical or infectious
characteristics, either individually or in combination with other
substances on the site is an existing or potential threat to the
physical environment, to human health or other living
organisms.
Hazardous Land: land having inherent environmental hazards;
land subject to flooding, earth movement, or slope instability,
land with poor natural drainage, ground water seepage,
erosion, steep slopes, rock formations, or other similar
features.
Health Service Facility (Health Clinic): a building or part
thereof used by qualified health service practitioners for the
treatment of human health needs.
Heritage Resource: the history, culture and historical resources
of an area and its residents.
Highway Commercial: commercial activities normally located
along highways, major roadways and in other locations
considered strategic by the type of business involved serving
the needs of local residents and the traveling public.
Highway Sign Corridor: a strip of land parallel and adjacent to
a provincial highway, where private signs may be permitted to
advertise goods and services of local area businesses and
attractions, as provided by regulations of the Department of
Highways entitled "The Erection of Signs Adjacent to Provincial
Highway Regulations, 1986", as may be amended from time to
time.
Home Occupation (Home Based Business): an occupation,
trade, profession, or craft customarily conducted for gain in a
dwelling unit or accessory building by the resident or residents,
which is clearly incidental and secondary to the principal use of
the site and which does not create or become a public nuisance
as a result of noise, traffic, pollution, or parking. Home
occupations shall not occupy more than 25% of the total
finished floor area of a dwelling unit in any Residential District.
Hotel: a building or structure or part of a building or structure
in which sleeping accommodation with or without meals is
provided for tourists or travelers, and where a guest register or
record is kept, but does not include a motel or rooming house.
Industrial Exclusionary Uses: refers to certain industrial
activities that may be characterized as exhibiting a high
potential for adversely affecting the safety, use, amenity or
enjoyment of adjacent and nearby industrial and non-industrial
sites due to their scale, appearance, noise, odour, emissions
and hazard potential. Such activities are considered
exclusionary when the only means of mitigating the associated
negative effects on surrounding land uses is through spatial
separation.
7
Exclusionary uses would include but not be limited to the
following: Landfill, Ethanol Plant, Transformer Stations,
Uranium Refineries, Anhydrous Ammonia Storage and
Distribution Centres.
Industrial Use: the use of land, buildings or structures for the
manufacturing, assembling, processing, fabrication,
warehousing or storage of goods and materials.
Industrial Park: an area of land set aside for industrial
development, usually located close to transport facilities,
especially where more than one transport modes coincides, i.e.
highways, railroads, airports.
Infill Development: re-development within existing areas or
neighbourhoods.
Institutional Use: the use of land, buildings, or structures for
religious, charitable, educational, health or welfare purposes
and includes churches, public or private schools, nursery
schools, hospitals, and special care
Intermodal Freight Container: is a standardized reusable steel
box used for the safe, efficient and secure storage and
movement of materials and products within a
global containerized intermodal freight transport system.
"Intermodal" indicates that the container can be moved from
one mode of transport to another (from ship, to rail, to truck)
without unloading and reloading the contents of the container.
Lengths of containers, which each have a unique ISO 6346
reporting mark, vary from 2.44 metres to 17.07 metres (8 feet
to 56 feet) and heights from 2.44 metres to 2.90 metres (8 feet
to 9 feet 6 inches).
Kennel, Boarding: the temporary accommodation of more
than four dogs, cats or other domestic animals for commercial
purposes.
Kennel, Breeding: the keeping of domestic animals, male and
female, and which are more than 12 months old, for breeding
purposes.
Kennel, Enclosure: an accessory building or enclosure intended
to house one of more domestic animals.
Landfill: a specially engineered site for disposing of solid waste
on land, constructed so that it will reduce hazard to public
health and safety.
Landscaped Area: an area not built upon and not used for any
purpose other than as an open space that may include grass,
shrubs, flowers, trees, and similar types of vegetation and may
contain paths, walks, patios, fences and similar outdoor
amenities, but does not include parking areas, parking lots,
driveways or ramps.
Land Use Zoning District: divisions identified in the Zoning
Bylaw establishing permitted and discretionary uses of land or
buildings with attendant regulations.
Lane: a secondary public thoroughfare intended primarily to
give access to the rear or side of the abutting property.
Livestock: domesticated animals used primarily as beasts of
burden or for the production of fur, hides, meat, milk, eggs or
other product, or as breeding stock, but excluding companion
animals.
Loading Space: a space measuring at least 3.0 metres (9.84
feet) in width and 8.5 metres (27.88 feet) in depth, located on a
lot, and having access to a street or lane, in which a vehicle may
park to load or unload.
Lot (see Site): an area of land with fixed boundaries on record
with the Information Services Corporation (ISC) by Certificate of
Title. For the purposes of this Bylaw the terms "lot" and "site"
shall be deemed not to mean the same.
Lot Coverage: the percentage of the lot area covered by all the
buildings above the ground level.
Lounge: a room or area adjoining a restaurant set aside for the
sale of beverage alcohol for consumption on the premises, with
or without food, and where no area has been set aside for
dancing or entertainment, either in the lounge or in the
adjoining restaurant. The area of a lounge may not exceed 50%
or the public assembly area in the adjoining restaurant, subject
to Provincial Regulations.
Manufacturing Establishment: a firm or business engaged in
the mechanical or chemical transformation of materials or
substances into new products including the assembling of
components parts, the manufacturing of products and the
blending of materials.
Marijuana: all part of the genus cannabis, whether growing or
not, and the seed or clone of such plant.
Marquee: a roof-like structure of a permanent nature which
projects from the wall of a building that is independently
supported by a system of columns or piers without walls over
an entrance to a building.
Mayor: The Mayor of the Town of Elrose.
Medicinal Marijuana Production Facility (MMPF) - a facility,
licensed by the Federal Government for all onsite activities,
used solely for the growing, production, manufacturing,
processing, testing, destroying, labeling, packaging, storing, and
shipping of marijuana and marijuana products for medical
purposes. This does not include the retail sale of marijuana for
recreational purposes.
Minister: the member of the Executive Council to whom is
assigned the administration of The Planning and Development
Act, 2007.
Mini-Storage: a commercial facility made up of more than one
unit in which customers can rent space to store possessions.
Mixed-Use: a mix of land uses that facilitate the mixing, rather
than separation of, land uses in one distinctive environment,
either vertically in the same building or horizontally adjacent. It
is intended to be compatible with adjacent uses.
Mobile Home: a prefabricated trailer coach supported on a
steel frame that conforms to the Canadian Standards
Association # Z240 MH. A trailer coach may be used as a
dwelling all year round; has water faucets and shower or other
bathing facilities that may be connected to a water distribution
system; has facilities for washing and a water closet or other
similar facility that may be connected to a sewage system.
Mobile Home Park: a site under single management for the
placement of two or more mobile homes and shall include all
accessory buildings necessary to the operation but does not
include an industrial or construction camp or tourist campsite.
For the purpose of this Bylaw the terms mobile home park and
mobile home court shall be deemed to mean the same.
Mobile Home Site: an area of land in a mobile home park that
is intended to be occupied by one mobile home and for
exclusive use of its occupants with access to a driveway or a
public street.
8
Double-Wide Mobile Home
Mobile Home Subdivision: any subdivision of land and the
development thereof for the purpose of accommodating
mobile homes in such a manner that each home is situated on
its own site, which shall contain a minimum site area of 450.00
m ² (5000.0 ft ²) and in which all such sites, public open spaces,
internal streets and lanes, buffer zones and other amenity areas
form a contiguous area of development.
Modular (Manufactured) Home: a residential dwelling that is
constructed off site in a yard or factory, in one or more
sections, transported to a site for permanent installation on a
permanent foundation (may have a basement), having
architectural features similar to permanent residential
dwellings built on site in the Town, and conforming to Canadian
Standards Association (CSA) # A277.
Modular (Manufactured) Home Subdivision: any subdivision
of land and the development thereof for the purpose of
accommodating modular homes in such a manner that each
home is situated on its own site, which shall contain a minimum
site area of 450.00 m ² (5000.0 ft. ²), and in which all sites,
public open space, internal streets, buffer zones, and other
amenity areas form a contiguous area of development.
Motel or Motor Hotel: a building or buildings consisting of a
number of individual rental units, intended for the use of the
traveling public, each containing at least a bedroom and
bathroom, and each having convenient access to a parking
space for the use of the occupants of the units and may or may
not provide food service.
Multiple-Unit Building: a building containing two (2) or more
distinct uses, each of which is allowed in the Zoning District in
which the building is located.
Multiple Complimentary (Vertically Integrated ) Activities:
the accommodation of multiple complimentary activities which
could be considered principal permitted uses under single or
multiple ownership within one or more buildings on a single
parcel where these uses are considered to provide additional
processing and/or the sale of manufactured goods produced
onsite.
Municipality: The Town of Elrose.
Municipal Reserve: dedicated lands that are provided to a
municipality for public use, or that were dedicated as public
reserve and transferred to a Municipality pursuant to of The
Planning and Development Act, 2007.
Museum: an institution that is established for the purpose of
acquiring, conserving, studying, interpreting, assembling and
exhibiting to the public for its instruction and enjoyment, a
collection or artifacts of historical interest.
Natural Areas: an area relatively undisturbed by human
activities and characterized by indigenous species including
remnant or self-sustaining areas with native vegetation, water,
or natural features.
Non-Conforming Use: any use of land, building or structure
lawfully existing or under construction where permits have
been issued 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.
Noxious Use or Condition: any use or facility that causes or
produces harmful or hazardous noise, vapours, smoke, dust
(particles suspended in or transported by air), vibrations,
electrical or electromagnetic fields, glare, or light.
Office or Office Building: a building or part of a building used
primarily for conducting the affairs of a business, profession,
service, industry or government in which no goods or
commodities of business or trade are stored, trans-shipped,
sold or processed.
Official Community Plan (OCP): The Town of Elrose Official
Community Plan Bylaw No 2018 - 9
Open Space: passive and structure leisure and recreation areas
that enhance the aesthetic quality and conserve the
environment of the community, including parks, recreation and
tourism nodes, and natural areas.
Park Model Trailer/Unit: a unit designed to facilitate
occasional relocation, with living quarters for a temporary or
seasonal use; has water faucets and shower or other bathing
facilities that may be connected to a water distribution system;
and has facilities for washing and a water closet or other similar
facility that may be connected to a sewage system. It has a
gross floor area not exceeding 50 m2 (540 ft2). CSA Number
Z241.
Parking Lot: an open area, other than a street, used for the
temporary parking of more than four vehicles and available for
public or private use.
Parking Space: a space within a building or parking lot for the
parking of one (1) motor vehicle including convenient access to
a public lane or street and shall be not less than 2.5 metres
(8.20 feet) wide and 6.0 metres (19.69 feet) in length.
Pasture: a site that is used for the raising and feeding of
livestock by grazing.
Patio: any hard surface or floor structure less than 0.31 metres
(1 foot) above the average ground level upon which it is
constructed.
Permitted Use: the use of land, buildings or other structures
that shall be permitted in a Zoning District where all
requirements of this Zoning Bylaw are met.
Person: a "person" shall apply to an individual, association,
firm, partnership, corporation, trust, or agent, and their heirs,
executors, or other legal representatives of a person to whom
the same can apply according to the law.
Personal Service Trades: a building or part of a building in
which persons are employed in furnishing services and
administering to customer's personal and or grooming needs,
but does not include the provision of health related services.
Places of Worship: a building set aside by any religious
organization for public worship. Typical uses include churches,
chapels, mosques, temples, synagogues and parish halls.
9
Modular (Manufactured) Home
Park Model Trailer 102
Park Model Recreational Unit
Pond: any constructed containment of water for the purpose
of landscape enhancement, keeping ornamental fish or aquatic
plants, or for other similar purposes, but not a swimming pool.
Portable Storage Unit: a transportable storage structure that is
designed and used for the storage of building materials,
household goods, personal items and other materials for use on
a temporary basis on a residential property. Such units are
uniquely designed for their ease of loading to and from a
transport vehicle
Principal Use: the main or primary activity, for which a site or
its buildings are designed, arranged, developed or intended, or
for which is occupied or maintained.
Public Work: a facility as defined under The Planning and
Development Act, 2007 including a system, work, plant,
equipment, or service, whether owned or operated by the
Municipality, or by a corporation under Federal or Provincial
statute, that furnishes any of the following services and
facilities to, or for the use of, the inhabitants of the Town of
Elrose:
a)
Communication by way of telephone lines, optical cable,
microwave, and cable;
b)
Television services;
c)
Delivery of water, natural gas, and electricity;
d)
Public transportation by bus, rail, or other vehicle
production, transmission;
e)
Collection and disposal of sewage, garbage, and other
wastes; and
f)
Fire and Police Services.
Real-Estate Signage: signage directly associated with the sale
of a property on which it is located and which maintains a gross
surface area of less than 1.0 m² (10.76 ft²).
Recreational Use: the use of land for parks, playgrounds,
tennis courts, lawn bowling greens, indoor and outdoor skating
rinks and curling rinks, athletic fields, golf courses, picnic areas,
swimming pools, day camps, community centres and all similar
uses, together with the necessary and accessory building sand
structures; but does not include the racing of animals or
motorized vehicles.
Recreational Vehicle: a vehicle, such as a camper or motor
home, used for traveling and recreational activities.
Recreational Vehicle (RV) Park: an area of land, managed as a
unit, providing short-term accommodation for motor homes
and camping trailers, including accessory facilities such as
administration offices and laundry facilities.
Recycling Collection Depot (Neighbourhood): a building or
structure used for the collection and temporary storage of
recyclable household material such as bottles, cans, plastic
containers, paper and paint, but shall not include the
processing of recyclable material other than compaction; the
collection and storage of oil, solvents or other hazardous
material; or outdoor compaction or storage.
Recycling Collection Facility (Commercial): a building or
structure intended to accommodate the collection, sorting,
processing and temporary storage of recyclable materials s that
would otherwise be considered waste. These types of uses
include outdoor processing or storage.
Redevelopment (see infill development)
Residential Care Home: a licensed or approved group care
home governed by Provincial regulations that provide, in a
residential setting, 24 hour care of persons in need of personal
services, supervision or assistance essential for sustaining the
activities of daily living or for the protection of the individual.
Residential Use: the use of land, buildings, or structures for
human habitation.
Restaurant: a building or part of a building wherein food is
prepared and offered for sale to the public primarily for
consumption within the building. Limited facilities may be
permitted to provide for a take-out food function provided that
such a facility is clearly secondary to the primary restaurant
use.
Retail Store (Shop): a building or part thereof, or a place,
where goods, wares, merchandise, substances, or articles are
offered or kept for sale or rent, and may include servicing and
the manufacture of products on site for sale on the site so long
as the gross floor area used for manufacturing does not exceed
25% of the gross floor area of the retail store.
Right-Of-Way: the land set aside for use as a roadway or utility
corridor. Rights of way are purchased prior to the construction
of a new road or utility line, and usually enough extra land is
purchased for the purpose of providing mitigative features.
Sometimes road rights of way are left vacant after the initial
roadway facility is constructed to allow for future expansion.
Rooming House (Boarding House): a building which contains a
room or rooms for accommodation other than a dwelling unit
or other form of accommodation defined elsewhere in this
Bylaw, where meals may or may not be provided, with sleeping
facilities and with or without private toilet facilities.
RTM (Ready to Move) Home: a residential dwelling that is
constructed off-site in a yard or factory to Canadian National
building Code and transported as a single unit to a site for
permanent installation on a permanent foundation including a
basement.
Satellite Dish: a parabolic antenna utilized for the reception of
satellite transmitted television or radio waves.
Salvage Yard (Wrecking): a parcel of land where second-hand,
discarded or scrap materials are bought, sold, exchanged,
stored, processed or handled. Materials include scrap iron,
structural steel, rages, rubber tires, discarded goods,
equipment, appliances or machinery.
School: an educational facility under the jurisdiction of a Board
of Education, a college, university, or any other school
established and maintained either wholly or partially at public
expense, whether or not the same is a boarding school and
includes any dormitory building accessory to such school.
Secondary Suite: a self-contained dwelling unit which is an
accessory use to, and located within, a detached building in
which the principal use is a one unit dwelling, and does not
occupy more than 35% of the gross floor area of the dwelling,
including the basement.
Self-service storage facility: a commercial business that rents
or leases, storage rooms, lockers, containers, modular storage
units and/or outdoor space, for businesses and individuals to
store and access their goods.
Service Station: a site used for the retail sale of lubricating oils
and gasoline, automobile accessories, and for the servicing and
repairing of motor vehicles essential to the operation of a
motor vehicle; but does not include an auto body or painting
shop, car sales lot, or a car washing establishment.
10
RTM (Ready to Move) Home
Setback: the distance required to obtain the front yard, rear
yard or side yard provisions of this Bylaw.
Shipping Container: a container originally designed for use as a
means of storing and transporting cargo via ship, rail, air or
truck.
Shopping Centre: a building or group of buildings located on
one or more contiguous and/or non-contiguous lot or site, in
which four (4) or more of the uses allowed in the Zoning District
are co-located for their mutual benefit including the use of off-
street parking and other joint facilities.
Should, Shall or May;
Shall is an operative word which means the action is
obligatory.
Should is an operative word which means that in order to
achieve plan objectives, it is strongly advised that the
action be taken.
May is an operative word meaning a choice is available,
with no particular direction or guidance intended.
Sign: any device, letter, symbol, emblem or picture, that is
affixed to or represented directly or indirectly upon a building,
structure, or a piece of land and that identifies or advertises any
object, product, place, activity, person, organization, or
business in such a way as to be visible to the public on any
street, thoroughfare, or any other public place.
Sign, Billboard: a private free standing sign, including
supporting structure, which advertises goods, products,
services, organizations, of facilities that are available from,
located on, or refer to, a site other than the site on which the
sign is located.
Sign, Canopy: a sign attached to, or painted on an awning,
canopy or freestanding canopy.
Sign, Fascia: a sign fastened to, or painted on the wall of a
building or structure in such a manner that the wall becomes
the supporting structure for, or forms the background surface
of the sign and which does not project more than 0.5 metres
(1.64 feet) from such building or structure.
Sign, Freestanding: sign, except a billboard, independently
supported and visibly separated from a building or other
structure and permanently fixed to the ground.
Sign, Height: the vertical distance measured from the highest
point of the sign to grade level at the center of the sign.
Sign, Marquee: a sign that is mounted or painted on, or
attached to an awning, canopy, or marquee.
Sign, Off-Premises: a sign which contains any message chosen
by a person other than the person in control of the premises
upon which the sign is located.
Sign, Portable: a freestanding sign mounted on a portable
frame with a single sign face area of not less than 1.9 m² or
greater than 6.0 m² (64.59 ft²) than can be readily moved or
transported.
Sign, Projecting (Awning): a sign which is wholly or partially
dependent upon a buildings for support and which projects
more than 0.5 metres (1.64 feet) from such building. (including
awning signs).
Sign, Temporary: a sign which is not permanently installed or
affixed in position, nor connected to any service, advertising a
product or activity on a limited basis.
Site: an area of land, consisting of one or more lots
consolidated under a single certificate of title or tied at
Information Services Corporation (ISC), considered as a unit
devoted to a certain use or occupied by a building or a
permitted group of buildings, and the customary accessories
and open spaces belonging to the same.
Site Area: the total horizontal area within the site lines of a
site.
Site, Corner: a site at the intersection of two or more public
streets, or upon two parts of the same street, the adjacent
sides of which street or streets (or, in the case of a curved
corner, the tangents at the street extremities of the side site
lines) contain an angle of not more than one hundred and
thirty-five (135) degrees. In the case of a curved corner, the
corner of the site shall be that point on the street at the point
of intersection of the said tangents.
Site Coverage: the percentage of the site area covered by all
the buildings above the ground level.
Site Depth: the horizontal distance between the front site and
rear site lines, but where the front and rear site lines are not
parallel the site depth is the length of a line joining the
midpoint of such site lines.
Site, Through: a site other than a corner site, having separate
frontages on two streets. The front site line of a through site
shall be determined by predetermined building lines. This is
only applicable for Commercial and Industrial Zones.
Site, Width: the horizontal distance between the side
boundaries of the site measured at a distance from the front lot
line equal to the minimum front yard required for the district in
which the site is located.
Site Line: thy boundary of a site.
Site Line, Front: the line separating the site from the street; for
a corner site, the shorter line abutting a street; but in the case
of a corner site with two street lines of equal length, the front
site line shall be designated by predetermined building lines.
Site Line, Rear: the site line at the rear of the site, opposite the
front site line.
Site Line, Side: a site line other than a front or rear site line.
Site Plan: a plan showing the location of existing and proposed
buildings on a site in relationship to the site lines.
Special Care Facility (Home): an institutionalized nursing
home, supervisory care home, sheltered care home or other
facility used for the purpose of providing supervisory care,
personal care, and nursing care.
Special Needs Housing: multiple unit dwellings or dwelling
groups operated by a non-profit corporation or public authority
and used exclusively for the domestic habitation of senior
citizens, disabled persons, occupants of subsidized housing, or
the cohabitant spouse and children of persons noted above.
Storey: that portion of a building, other than an attic or
basement, between the upper surface of any floor and the
upper surface of the floor next above.
Storey, One-Half: that portion of a building situated wholly or
in part within the roof and in which there is sufficient space to
provide a height in accordance with the National Building Code
of Canada, between finished floor and finished ceiling over a
floor area which is not less than one-third nor more than two-
thirds of the floor area of the story next below.
Stakeholders: individuals, groups or organizations who have a
specific interest or "stake" in a particular need, issue situation
or project and may include members of the local community
residents, community groups or local, provincial and federal
governments.
Street: the whole and entire width of every highway, public
road, or road allowance vested in Her Majesty in the right of
the Province of Saskatchewan and shown as such on a plan of
survey registered at Information Services Corporation (ISC).
11
Strip Mall (Mini Mall): a building of not more than 604.0 m²
(6501.61 ft²) in gross floor area in which a minimum of three (3)
and a maximum of six (6) of the permitted or discretionary uses
of the Zoning District are located together for their mutual
benefit.
Structural Alteration: the construction or reconstruction of
supporting elements of a building or other structure.
Structure: anything that is built, constructed or erected that is
located on the ground or attached to something located on, or
in the ground.
Subdivision: a division of land, and includes a division of a
quarter section into legal subdivision as described in the
regulations made pursuant to The Land Surveys Act, 2000.
Swimming Pool: any body of water permanently located
outdoors or indoors, contained by artificial means and used and
maintained for the purpose of swimming, wading, or diving and
having a depth of 0.61 metres (2.0 feet) or more at any point.
Tavern: an establishment, or portion thereof, where the
primary business is the sale of beverage alcohol for
consumption on the premises, with or without food, and where
no live entertainment or dance floor is permitted, subject to
Provincial Regulations.
(Tele)communication Facility: a structure situated on a non-
residential site that is intended for transmitting or receiving
television, radio or cellular communications, excluding those
used exclusively for dispatch communications.
Temporary Garage: shall mean a temporary prefabricated
shelter constructed with a metal or plastic frame and covered
with a tarpaulin or other similar type of fabric or plastic cover
used primarily for the storage of vehicles or other equipment
accessory to a residential use only.
Tourist Campground: an area of land, managed as a unit,
providing short-term accommodation for tents, camping
trailers, motor homes and campers, including accessory
facilities such as administration offices and laundry faculties.
Town: The Town of Elrose.
Town Administrator: the Administrator of the Town of Elrose.
Trailer (Camping), Motor Home: any vehicle designed,
constructed or reconstructed in such a manner as will permit
occupancy as a dwelling or sleeping place for one or more
persons, notwithstanding that its running gear is removed or
jacked up, is used or constructed in such a way as to enable it to
be used as a conveyance upon public streets or highways, and
includes self-propelled and non-self-propelled vehicles.
Trucking Firm Establishment: the use of land, buildings or
structures for the purpose of storing, servicing, repairing, or
loading trucks, transport trailers and/or buses, but does not
include an automobile service station, transportation sales or
rental outlets.
Use: the activity or purpose for which any land, building,
structure, or premises, or part thereof is arranged, designed, or
intended, occupied, or maintained.
Used For: includes "arranged for", "designed for", "intended
for", "maintained for", and "occupied for".
Utility Shed: an accessory building or structure used for the
storage of goods with a maximum floor area of 14.0 m² (144
ft²).
Vehicle Repair and Maintenance Service
a)
Indoor: includes all land uses which perform
maintenance services to motorized vehicles and contain
all operations (except vehicle storage) entirely within an
enclosed building.
b)
Outdoor: maintenance services have all or any portion
of their operations located outside of an enclosed
building.
Warehouse: a building used for the storage and distribution of
wholesale goods and materials.
Waste Disposal Facility, Liquid: a facility to accommodate any
waste which contains animal, mineral or vegetable matter in
solution or suspension, but does not include a septic system for
a single residence or farmstead, or a manure storage area for
an intensive livestock operation.
Waste Disposal Facility, Solid: a facility or a temporary storage
facility, to accommodate discarded materials, substances or
objects which originated from residential, commercial,
institutional and industrial sources which are disposed of in
municipal or private landfills, but not including dangerous
goods, hazardous waste or biomedical waste.
Wind Energy Conversion System: a system composed of a
wind turbine, tower and associated control electronics with a
capacity of less than 100 kW for non-residential use or 10 kW
for residential use. It will be considered an accessory use and is
intended to provide on-site power for a principal use.
Wind Turbine: the individual component of a Wind Energy
Conversion System that converts kinetic energy from the wind
into electrical energy, independent of the electrical conductors,
electrical storage system, electrical metering, or electrical
inverters.
Wind Turbine, Electrical: an individual component of a Wind
Energy Conversion System which converts kinetic wind energy
to electrical energy through electric currents.
Wind Turbine, Mechanical: an individual component of a Wind
Energy Conversion System which converts kinetic wind energy
to mechanical energy through motion.
Workshop: a small building where goods are manufactured or
repaired and all related activities are conducted within an
enclosed building with a minimal amount of exterior storage of
materials, goods, or waste products.
Work Camp: a temporary Industrial or Construction camp
established for the purpose of providing accommodation for
employees, and without restricting the generality of the above,
the camp is usually made up of a number of mobile units,
clustered in such a fashion as to provide sleeping, eating and
other basic living facilities.
Yard: open, uncovered space open to the sky on the same site
with a building or structure.
Yard, Front: the area between the side site lines and the front
site line to the front building line (See Location and
measurement of setbacks drawing).
Yard, Rear: the area between the side site lines and the front
site line to the rear building line (corner and interior). (See
Location and measurement of setbacks drawing).
Yard, Required: the minimum yard required by a provision of
this Bylaw and within which, unless specifically permitted, no
building or structure, or part of a building or structure shall be
erected.
Yard, Side: the area between the front and rear yards and
between the side site line and the side building line (See
Location and measurement of setbacks drawing).
12
Motor Home - Camping Trailer
Location of yards and measurement of setback
Metric to Imperial Conversions
*Conversions are rounded to the nearest decimal point
13
Distance (metres - feet)
1.0 metres (m)
3.28 feet (ft.)
17.0 metres
55 ft.
2.0 metres
7 ft.
19.8 metres
65 ft.
2.5 metres
8 ft.
30 metres
98 ft.
3.0 metres
10 ft.
46 metres
150 ft.
4.2 metres
14 ft.
50 metres
164 ft.
4.5 metres
15 ft.
75 metres
246 ft.
5.0 metres
16 ft.
80 metres
262 ft.
5.5 metres
18 ft.
90 metres
295 ft.
6.0 metres
20 ft.
100 metres
328 ft.
6.5 metres
21 ft.
150 metres
492 ft.
7.5 metres
25 ft.
200 metres
656 ft.
10 metres
33 ft.
230 metres
755 ft.
11 metres
36 ft.
305 metres
1000 ft.
12 metres
39 ft.
467 metres
1532 ft.
15 metres
49 ft.
15.3 metres
50 ft.
Area (m2 to ft2)
1.0 m2
10.7 ft2
100 m2
1076 ft2
0.5m²
5.4 ft2
150 m²
1615 ft²
5.0 m2
53.8 ft2
230 m²
2475 ft²
9.3 m2
100 ft2
450 m²
4844 ft²
14.0 m2
144 ft2
465 m²
5,005 ft²
27.9 m2
300 ft2
540m²
5812 ft²
37.2 m²
400 ft²
560 m²
6,000 ft²
45 m²
485 ft²
900 m²
9687 ft²
50 m²
538 ft²
930 m²
10,000 ft²
56 m²
600 ft²
6070 m²
1.5 acres
60 m²
646 ft²
0.8 hectare
2 acres
78 m²
839 ft²
1 hectare
2.5 acres
83.6 m²
900 ft²
2 hectares
5 acres
92.96m²
1,000 ft²
3
ADMINISTRATION AND INTERPRETATION
Development Officer
3.1.1
The Council of the Town of Elrose shall appoint the Development Officer responsible for the
administration of this Bylaw and in their absence by such other employee of the Municipality
as the Council designates from time to time.
3.1.2
The Development Officer shall:
a) Receive, record, and review development permit applications and issue
decisions in consultation with Council, particularly those decisions involving
subdivision, discretionary uses, development permit conditions, and
development and servicing agreements;
b) Maintain, for inspection by the public during office hours, a copy of this Bylaw,
zoning maps and amendments, and ensure that copies are available to the
public at a reasonable cost;
c) Make available, for public inspection during office hours, a register of all
development permits and subdivision applications and decisions;
d) Collect development fees, according to the fee schedule established in this
Bylaw;
e) Perform other duties as determined by Council.
3.1.3
The Development Officer shall be empowered to make a decision, in consultation with
Council, regarding a development permit application for a "Permitted use."
Council
3.2.1
Council shall make all decisions regarding Discretionary uses, Development and Servicing
Agreements, and Zoning Bylaw amendments.
3.2.2
Council shall make a recommendation regarding all subdivision applications circulated to it
by Saskatchewan Ministry of Government Relations, prior to a decision being made by the
Minister.
3.2.3
Council shall act on discretionary use, rezoning, and subdivision applications in accordance
with the procedures established by The Planning and Development Act, 2007 and in
accordance with the Town of Elrose Official Community Plan.
Application for a Development Permit
3.3.1
Unless the proposed development or use is exempt from development permit requirements,
before commencing any principal or accessory use development, including a public utility
use, every developer shall:
a) complete and submit a development permit application, and (refer to permit
application in Appendix "A");
b) receive a development permit for the proposed development.
3.3.2
A Development Permit shall not be issued for any use in contravention of any of the
provisions of this Bylaw and the Official Community Plan.
3.3.3
Except where a particular development is specifically exempted by Section 3.4 of this Bylaw,
no development or use shall commence without a Development Permit first being obtained.
Development Requiring a Permit, but Not Requiring a Fee
The following developments shall require a Development Permit and shall conform to all
other Bylaw requirements (e.g., building permits, setbacks, environmental and
development standards):
3.4.1
Residential Zoning Districts;
a) Buildings and structures under 9.29 metres² (100 feet²) in area, which are
accessory to a principal, residential use except where such dwelling is a
discretionary use.
b) Relocation of any residential or accessory building provided development
standards are still met on the site.
c) The erection of any fence, wall, gate, television antennae, or radio antennae
under 5 metres (16.41 feet).
14
d) A temporary structure, the sole purpose of which is incidental to the erection
or alteration of a building for which a building permit has been granted.
3.4.2
Commercial Zoning Districts;
Buildings and structures under 9.29 metres² (100 feet²) in area, that are accessory to a
permitted, principal, commercial use, except where such use is discretionary.
3.4.3
Accessory Uses;
All accessory uses, unless otherwise specified in this Bylaw.
3.4.4
Official Uses;
Uses and buildings undertaken, erected, or operated by the Town of Elrose.
3.4.5
Internal Alterations;
a) Residential buildings.
b) Internal alterations to a residential building, provided that such alterations do
not result in a change of use or an increase in the number of dwelling units
within the building or on the site.
c) All other buildings.
d) Internal alterations and maintenance to other buildings, including mechanical
or electrical work, provided that the use, or intensity of use of the building,
does not change.
3.4.6
Landscaping;
Landscaped areas, driveways and parking lots, provided the natural or designed drainage
pattern of the site and adjacent sites are not adversely impacted.
Development Permit Procedure
Where an application for a Development Permit is made for a permitted use in conformity
with this Bylaw, The Planning and Development Act, 2007, and all other Town Bylaws, the
Council shall hereby direct the Development Officer to issue a Development Permit.
3.5.1
Discretionary Use Application
a) Where an application for a Development Permit is made for a discretionary
use, the Development Officer shall advise the Council as soon as practicable.
b) As soon as practicable after Council is advised that an application has been
made for a Development Permit for a discretionary use, Council shall consider
the application. Prior to making a decision, Council may refer the application
to whichever Government Agencies or interested groups, as Council may
consider appropriate. Council also may require the application to be reviewed
by planning, engineering, legal, or other professionals, with the cost of this
review to be borne by the applicant.
c) Upon approval of a discretionary use by resolution of Council, the
Development Officer shall issue a Development Permit for the discretionary
use at the location and under such terms and development standards specified
by Council in its resolution.
3.5.2
Development Permit Decision
a) The applicant shall be notified in writing of the decision of their application
within thirty (30) days of all required information being submitted to the
Development Officer. The applicant shall be advised of their right to appeal a
decision on a permitted use application and any terms and conditions attached
to a discretionary use application to the Development Appeals Board subject
to the provisions of The Planning and Development Act, 2007.
b) If the proposal conforms to the provisions of this Bylaw, a Development Permit
shall be issued, subject to any development standards, special regulations, or
performance standards that may be required.
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Concept Plans
3.6.1
A Concept Plan shall be completed prior to consideration of an application by Council by any
person proposing to rezone, subdivide, or re-subdivide land for multi-parcel residential,
commercial or industrial purposes. The purpose of this review is to identify and address
social, environmental, health and economic issues and to encourage the development of
high quality. The scope and required detail of the Concept Plan will be based on the scale
and location of the proposed development and address such areas as the following:
a) Proposed land use(s) for various parts of the area;
b) The effect on adjacent land uses and integration of the natural landscape regarding the
planning and design of the area;
c) The location of, and access to, major transportation routes and utility corridors;
d) The provision of services respecting the planning for future infrastructure within the
Municipality;
e) Sustainable development and environmental management practices regarding surface
and groundwater resources, storm water management, flooding and protection of
significant natural areas;
f)
Appropriate information specific to the particular land use (residential, commercial or
industrial).
3.6.2 The Concept Plan must be prepared in accordance with the overall goals and
objectives of the Official Community Plan. Council shall not consider any
development application until all required information has been received. The
responsibility for undertaking all technical investigations and hosting public meetings
as required shall be borne solely by the applicant.
Development Permit: Validity
3.7.1
A Development Permit is valid for a period of twelve months unless otherwise stipulated
when the permit is issued.
3.7.2
Where the Development Officer determines that a development is being carried out in
contravention of any condition of a Development Permit or any provision of this Bylaw, the
Development Officer shall suspend or revoke the Development Permit and notify the permit
holder that the permit is no longer in force.
3.7.3
Where the Council is satisfied that a development, the permit for which has been suspended
or revoked, will be carried out in conformity with the conditions of the Permit and the
requirements of this Bylaw the Council may reinstate the Development Permit and notify the
permit holder that the permit is valid and in force.
Development Permit Application Fees
3.8.1
An applicant seeking the approval of a development permit application shall pay the fee as
set out in the Development and Planning Fee Bylaw for the Town.
3.8.2
There shall be no development permit application fee for accessory buildings to a residential
use, sign permits, licenses for home occupations or other forms of business licenses.
Discretionary Use Application Fees
3.9.1
An applicant seeking a discretionary use approval shall pay the current fee as set out in the
Development and Planning Fee Bylaw for the Town.
3.9.2
The Development Officer shall direct the applicant for a discretionary use, or carry out on
behalf of the applicant, the advertisement of the proposed use by posting a notice of the
application at the entrance to the property in question and by mailing a copy of the notice to
the assessed owner of each abutting property and each assessed owner of property within a
75.0 metre (246.07 feet) r radius of the proposed development.
3.9.3
The Development Officer shall publish a notice of the application in accordance with the
provisions of The Planning and Development Act, 2007, whereby the applicant shall pay to
the municipality a fee equal to the costs associated with the public advertisement.
16
Fee for Zoning Amendment Application
When an application is made to Council for an amendment to this Bylaw, the applicant
making the request shall bear the actual cost of advertising such zoning amendment as
permitted by The Planning and Development Act, 2007. Council also may require the
applicant to pay all costs incurred in professional review of the application and in carrying
out a public hearing.
Concurrent Processing of Development Permits, Building Permits and
Business Licenses
A Building Permit, where required, shall not be issued unless a Development Permit has
been issued, or is issued concurrently. Nothing in this Bylaw shall exempt any person from
complying with a building Bylaw, or any other Bylaw in force within The Municipality, or
from obtaining any permission required by this, or any other Bylaw of The Municipality,
the Province or the Federal Government.
3.11.1 Referral Under The Public Health Act
The Development Officer shall make available, in addition to plumbing permits and plan
information, a copy of all approved Development Permit applications involving installation
of water and sanitary services, should such information be requested by provin cial
officials under The Public Health Act and Regulations.
Development Appeals Board
3.12.1
Council shall appoint a Development Appeals Board, to hear and determine appeals in
accordance with Section 213 to 227 inclusive, of The Planning and Development Act 2007.
3.12.2
Right of Appeal
a) Where an application for a permitted use has been denied, the applicant shall
be advised of the right of appeal to the Development Appeals Board.
b) Appellants also may appeal where they are of the opinion that development
standards prescribed by Council with respect to a discretionary use exceed
those necessary to secure the objectives of the Zoning Bylaw.
c) The Development Officer shall make available to all interested persons copies
of the provisions of The Planning and Development Act, 2007, respecting
decisions of the Development Officer and the right of appeal.
Minor Variances
3.13.1
The development officer may vary the requirements of this bylaw subject to the following
requirements:
a) A minor variance may be granted for the following only;
i.
Minimum required distance of a building from a lot line; and
ii.
The minimum required distance of a building from any other building on
the lot.
b) The maximum amount of a minor variance shall be 10% variation from the
Requirements of this Bylaw.
c) The development must conform to all other requirements of this Bylaw.
d) The relaxation of the Bylaw requirement must not injuriously affect a
neighbouring property.
e) No minor variance shall be granted for a discretionary use or form of
development, or in connection with an agreement to rezone pursuant to
Section 60 of The Planning and Development Act 2007.
f)
Minor variances shall be granted only in relation to residential properties.
3.13.2
An application form for a minor variance shall be in a form prescribed by the Development
Officer and shall be accompanied by an application fee as set out in the Development and
Planning Fee Bylaw for the Town.
3.13.3
Upon receipt of a minor variance application the Development Officer may:
a) Approve the minor variance;
b) Approve the minor variance and impose terms and conditions on the approval;
or
c) Deny the minor variance.
17
3.13.4
Terms and conditions imposed by the Development Officer shall be consistent with the
general development standards in this Bylaw.
3.13.5
Where a minor variance is refused, the Development Officer shall notify the applicant in
writing, providing reasons for the refusal.
3.13.6
Where a minor variance is approved, with or without terms, the Development Officer shall
provide written notice to the applicant and to the assessed owners of the property having a
common boundary with the applicant's land that is the subject of the approval.
3.13.7
The written notice shall contain:
a) A summary of the application;
b) Reasons for and an effective date of the decision;
c) Notice that an adjoining assessed owner has 20 days to lodge a written
objection with the Development Officer, which, if received, will result in the
approval of the minor variance being revoked; and
d) Where there is an objection and the approval is revoked, the applicant shall be
notified of the right to appeal to the Development Appeals Board.
3.13.8
A decision to approve a minor variance, with or without terms and conditions, does not take
effect until 23 days from the date the notice was provided.
3.13.9
If an assessed owner of a property having an adjoining property with the applicants land
objects to the minor variance in writing to the Development Officer within the prescribed 20
day time period, the approval is deemed to be revoked and the Development officer shall
notify the applicant in writing:
a) Of the revocation of the approval; and
b) Of the applicant's right to appeal the revocation to the Development Appeals
Board within 30 days of receiving the notice.
c) If an application for a minor variance is refused or approved with terms or
conditions, the applicant may appeal to the Development Appeals Board
within 30 days of the date of that decision.
Non-Conforming Buildings Uses and Sites
3.14.1
Any use of land or any building or structure lawfully existing at the time of passing this Bylaw
that is rendered non-conforming by the enactment of this Bylaw or any subsequent
amendments, may be continued, transferred, or sold in accordance with provisions of
Section 88 to 93 inclusive, of The Planning and Development Act, 2007.
3.14.2
No enlargement, additions, or reconstruction of a non-conforming use, building or structure
shall be undertaken, except in conformance with these provisions.
3.14.3
No existing use, building or structure shall be deemed to be nonconforming by reason only
of the conversion of this Bylaw from the Metric System of Measurement to the Imperial
System of Measurement where such non-conformity is resultant solely from such change
and is reasonably equivalent to the metric standard herein established.
3.14.4
No existing site shall be deemed to be non-conforming by reason only of its dimensions or
area failing to at least equal the standards prescribed for proposed sites in the zoning district
in which the site is located.
Development Permit - Invalid
A development permit shall be automatically invalid and development shall cease, as the
case may be:
a) If the proposed development is not commenced within the period for which the Permit is valid;
b) If the proposed development is legally suspended, or discontinued, for a period of six or more
months, unless otherwise indicated by Council or the Development Officer, or
c) When development is undertaken in contravention of this bylaw, the development permit and
specified development standards, and/or
d) When a written appeal notice is received by the Development Appeals Board secretary regarding
the development permit.
18
Cancellation
Council or the Development Officer may cancel a Development Permit, and when
cancelled, development shall cease:
a) Where the Development Officer or Council is satisfied that a development permit was issued
based on false or mistaken information,
b) Where new information is identified pertaining to environmental protection, flood potential, or
slope instability, and/or
c) When a developer requests a development permit modification.
Stop-Work
The Development Officer may authorize action to stop any development which does not
conform to this Bylaw, a development or servicing agreement, a development permit or
condition, or a caveat under this Bylaw.
Interpretation
a) Where any provision of this Bylaw appears unclear, Council shall make the final Bylaw
interpretation.
b) All Bylaw requirements shall be based on the stated metric units. The imperial units
shown in this Bylaw shall be approximate guidelines only.
Offences and Penalties
Any person who violates this Bylaw may be charged and liable on summary conviction to
the penalties in The Planning and Development Act, 2007.
Inspection of Premises
The Development Officer, or any official or employee of the Municipality acting under
their direction, is hereby authorized to enter, at all reasonable hours, upon any property
or premises in or about which there is reason to believe that provisions of this Bylaw are
not being complied with, and for the purpose of carrying out their duties under this Bylaw.
Bylaw Compliance
Errors and/or omissions by any person administering or required to comply with the
provisions of this Bylaw do not relieve any person from liability for failure to comply with
the provisions of this Bylaw.
Moving Of Buildings
No building shall be moved within or into or out of the area covered by this Bylaw without
obtaining a Development Permit from the Development Officer, unless such building is
exempt under Section 3.4 of this Bylaw.
Demolition of Buildings
No building shall be demolished without first obtaining a Development Permit from the
Development Officer. Such Permit shall not be issued unless a proposal for the interim or
long-term use or redevelopment of the site is also submitted, and the proposed use is in
conformity with this Bylaw. A separate Development Permit is required for any
redevelopment of the site.
Temporary Development Permits
The Development Officer may issue a temporary Development Permit, with specified
conditions for a specified period of time, to accommodate developments incidental to
approved construction, temporary accommodation, or temporary gravel operations or
asphalt plants. Nothing in this Bylaw shall prevent the use of land, or the erection or use
of any building or structure for a construction camp, work camp, tool shed, scaffold, or
other building or structure incidental to and necessary for construction work on the
premises, but only for so long as such use, building, or structure is necessary for such
construction work as has not been finished or abandoned.
19
Development Agreements
3.25.1
Council may request a developer to enter into a development agreement to ensure
development conformity with the Official Community Plan and this Bylaw, pursuant to
Section 171 to 176 inclusive, The Planning and Development Act, 2007.
3.25.2
A development agreement is mandatory for approval of an accessory dwelling.
Servicing Agreements
3.26.1
Where a development proposal involves subdivision, Council may require a developer to
enter into a servicing agreement to ensure appropriate servicing pursuant to The Planning
and Development Act, 2007. Council may direct the Administration to vary the agreement on
a case-by-case basis, or not require it.
3.26.2
In accordance with Sections 172 to 176 inclusive, The Planning and Development Act, 2007,
the agreement may provide for:
a) The undertaking and installation of storm sewers, sanitary sewers, drains,
water mains and laterals, hydrants, sidewalks, boulevards, curbs, gutters,
street lights, graded, graveled or paved streets and lanes, connections to
existing services, area grading and leveling of land, street name plates,
connecting and boundary streets, landscaping of parks and boulevards, public
recreation facilities, or other works that Council may require, including both
on-site and off-site servicing;
b) The payment of levies and charges, in whole or in part, for the capital cost of
providing, altering, expanding or upgrading sewage, water, drainage and other
utility services, public highway facilities or park and recreation space and
facilities located within or outside the proposed subdivision and that directly
or indirectly serve the proposed subdivision.
c) The payment of levies and charges as outlined above, shall be in the amount
prescribed in the Development and Planning Fee Bylaw for the Town.
Performance Bonds
Council may require a developer, including host owners of property where an accessory
dwelling is located, to post and maintain a performance bond to ensure developer
performance and to protect the public interest.
Liability Insurance
Council may require developers to provide and maintain liability insurance to protect the
municipality, developer and public.
Interests
Council may require that development and servicing agreements and other documents
may be registered as an interest on affected lands, to protect municipal and public
interests.
20
4
GENERAL REGULATIONS
The following regulations shall apply to all Zoning Districts in this Bylaw.
Licenses, Permits and Compliance with Other Bylaws and Legislation
In their interpretation and application, the provisions of this Bylaw shall be held to be the
minimum requirements adopted for the promotion of the public health, safety, and
general welfare. Nothing in this Bylaw shall exempt any person from complying with the
requirements of a building regulation Bylaw or any other Bylaw in force within the Town
of Elrose or law within the Province of Saskatchewan or Canada; or from obtaining any
license, permission, permit, authority, or approval required by this or any other Bylaw of
the Town of Elrose or any law of the Province of Saskatchewan or Canada. Where
requirements in this Bylaw conflict with those of any other municipal, provincial, or
federal requirements, the more stringent regulations shall prevail.
Principal Use Established
In any Zoning District in this Bylaw, the principal use of the land must be established prior
to any accessory buildings, structures, or uses being permitted.
Multiple Uses
Notwithstanding anything contained in this Bylaw, where any land, building, or structure is
used for more than one purpose, all provisions of this Bylaw relating to each use shall be
complied with, but no dwelling shall be located within 3.05 metres (10 feet) of any other
building on the site except to a building accessory to such dwelling.
Number of Principal Buildings on A Site
4.4.1
Only one principal building shall be permitted on any one site except for the following: parks,
schools, hospitals, recreation facilities, special care homes, senior citizen homes, and
approved dwelling groups and condominium developments.
4.4.2
Multiple unit residential buildings (e.g. duplex, fourplex) are considered to be one principle
building under this Bylaw, and all other uses and buildings on the site must be accessory.
Modular Homes/ RTM (Ready-To-Move) Homes
4.5.1
All modular/RTM homes must be newer than five (5) years old:
a) All modular/RTM homes shall be placed on a permanent foundation;
b) All modular homes shall have a length approximately equivalent to the width, with the
width no less than 9.15 metres (30 feet), with the exception of the R2 - Residential
District;
c) All modular/RTM homes shall have architectural features similar or complementary to
adjacent and nearby homes;
4.5.2
Modular/RTM homes shall be permanently connected to water and sewer services provided
by the Municipality and permanently connected as available to other public utilities.
4.5.3
All other requirements of this Bylaw apply.
Front Yard Reduction
Notwithstanding the minimum depth of front yard required by this Bylaw, where a site is
situated between two sites each of which contains a principal building which projects
beyond the standard required front yard depth, the front yard required on said site may
be reduced to an average of the two established front yards on the adjacent sites; but not
be less than 4.58 metres (15 feet) in a Residential district unless otherwise permitted in
this Bylaw.
Frontage for Irregular Sites
Where the site frontage is along a cul-de-sac, curve or is irregular, the minimum site
frontage shall be 11.0 metres (36.09 feet) and the mean site width shall not be less than
the minimum frontage for regular sites in the same District.
21
Permitted Yard Encroachments
Where minimum front, side or rear yards are required in any zoning district, the following
yard encroachments shall be permitted:
a) Uncovered and open balconies, terraces, verandas, decks, and patios having a
maximum projection from the main wall of 1.83 metres (6 feet ) into any required
front or rear yard;
b) Window sills, roof overhangs, eaves, gutters, bay windows, chimneys, and similar
alterations projecting a distance of 0.61 metres (2 feet) into any required yard but not
closer to a lot line than 0.15 metres (0.5 feet).
Restoration to a Safe Condition
Nothing in this Bylaw shall prevent the structural improvement or restoration to a safe
condition of any building or structure, provided that such structural improvement or
restoration shall not increase the height, area or volume so as to contravene the
provisions of this Bylaw.
Grading and Leveling Of Sites
Every development shall be graded and leveled at the owner's expense to provide for
adequate surface drainage that does not adversely affect adjacent property, or the
stability of the land.
a) All excavations or filling shall be re-vegetated immediately after other construction
activities conclude, with a suitable ground cover as may be necessary to prevent
erosion.
b) All vegetation and debris in an area to be re-graded or filled must be removed from
the site prior to site grading and leveling.
c) All topsoil from an area that is to be re-graded must be stripped, stockpiled, and
replaced on the re-graded area, or re-located to a site approved by Council.
Restrictions on Changes
4.11.1
The purpose for which any land or building is used shall not be changed, no new building or
addition to any existing building shall be erected, and no land shall be severed from any site,
if such change, erection or severance creates a situation that contravenes any of the
provisions of this Bylaw applicable to each individual remaining building, accessory building,
site, or lot.
4.11.2
Notwithstanding the provisions of clause (4.11.1) of this subsection, no person shall be
deemed to have contravened any provision of this Bylaw if only part or parts of any site or
lot has, or have, been conveyed to, or acquired by, the Municipality or the Province of
Saskatchewan for a public work.
Uses Permitted In All Zoning Districts
4.12.1
Nothing in this Bylaw shall prevent the use of any land as a public street or public park.
4.12.2
Nothing in this Bylaw shall prevent the erection of any properly authorized traffic sign or
signal, or any sign or notice of any local or other government department or authority.
4.12.3
Nothing in this Bylaw shall prevent the use of any land for the erection of buildings or
structures, or the installation of other facilities, essential to the operation of public works
provided that such use, building, or structure shall be in substantial compliance with the
relevant provisions of this Bylaw and shall not adversely affect the character or amenity of
the neighbourhood in which the same is located.
Site Development Regulations for Development Near Water Sources
4.13.1
If the proposed development will be within 150.0 metres of any public well or private or
public dam which is licensed by the Water Security Agency (WSA), and identified in the OCP,
Council may also require additional information from the applicant to ensure that the
existing water supplies will not be jeopardized.
4.13.2
Council may require that before a permit may be issued, the applicant shall submit a report
prepared by a professional who is competent to assess the suitability of the site for a
development and that the development is suitable with respect to the required mitigation
measures to develop in areas of high water table, near public wells, waste disposal sites or a
private or public dam which is licensed by the WSA, and identified in the OCP.
22
4.13.3
Notwithstanding any other portion of this bylaw, the development of new buildings and/or
additions to building in the flood way of the 1:500 flood year elevation of any watercourse or
water body is prohibited. In addition, development in the 1:500 year flood fringe is not
allowed unless flood proofed up to an elevation of 0.5 metres above the 1:500 year flood
elevation to be determined by a qualified hydraulic engineer or as established by the
Saskatchewan Water Security Agency.
Signage on Natural and Human Heritage Sites
Small plaques, markers, and interpretation signs will be encouraged on properties that
have significant natural or human heritage resources, with the approval of the owner, and
where the signage is appropriate in scale, design, and placement with the site and
surrounding area, and does not cause safety concerns or negatively impact the heritage
value of the site.
Heritage Properties
Provincial and Municipal heritage properties subject to preservation agreements are
subject to development review processes as defined by The Heritage Property Act,
Sections 23, 24, and 25. Provincial designations are afforded special protection, and any
alterations and development must be reviewed and approved by the Heritage Programs of
the Province of Saskatchewan.
Landscape Buffers
4.16.1
Landscape buffers are intended to improve land use compatibility and environmental quality
by reducing noise, lighting glare and other nuisances, or facilitating natural drainage.
Landscape buffers, where required to separate uses from adjacent properties may be
required a minimum 1.0 metre vegetative landscape buffer, unless a fence is required for
other reasons.
4.16.2
Primary entrances into the Town and Parking lots abutting major roads will require a
landscape buffer.
4.16.3
Notwithstanding any other provisions in this Bylaw, where buffers are required for
Greenways trails, parks and landscaped areas, they shall be required to reflect the character
and intent of the Official Community Plan.
Height of Buildings
Where a maximum height of buildings is specified in any District, the maximum height
shall be measured from average grade level to the highest point on the building exclusive
of any chimney or antenna.
Prohibited and Noxious Uses
4.18.1
The keeping of livestock shall not be allowed except for permitted agricultural uses in the
FUD - Future Urban Development District.
4.18.2
Any use is prohibited which, by its nature or the materials used therein, is declared by The
Public Health Act and Regulations to be a noxious trade, business, or manufacture.
4.18.3
Noxious Uses
Notwithstanding any use contained within a building, no land shall be used and no building
or structure shall be erected, altered or used for any purpose that is noxious and, without
limiting the generality of this subsection, for any purpose that creates or is likely to become
a nuisance or offence, or both:
a) By the creation of noise or vibration;
b) By the emission of light and glare;
c) By reason of the emission of gas, fumes, smoke, dust or objectionable odour; or
d) By reason of the unsightly storage of goods, wares, merchandise, salvage, refuse matter,
motor vehicles, trailers or parts of vehicles or trailers, machinery, or other such
material;
e) By any combination of things in this subsection.
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Closings
In the event a dedicated street or lane shown on the Zoning District Map forming part of
this Bylaw is closed, the property formerly in such street or lane shall be included within
the zoning district of the adjoining property on either side of such closed street or lane. If
a closed street or lane is the boundary between two or more different zoning Districts, the
new district boundaries shall be the former center line of the closed street or lane.
Bare Land Condominium Developments
4.20.1
Bare Land Condominium Developments shall comply with the minimum site area, coverage,
width, height, and yard setbacks as stated in the residential zones.
4.20.2
One primary dwelling unit and one accessory are permitted per bare land condominium lot.
4.20.3
Bare land condominium developments may include private open space and one accessory
building for joint recreation use by residents of the development shall be permitted, subject
to all yard setback requirements of the zone in which it is located.
Satellite Dishes
4.21.1
Satellite dishes in excess of 1.0 metre (3.29 feet) in diameter shall not be located in any front
yard, side yard, or and shall not be permitted to be erected on the roof of any principal
building that is located within a Residential District and is less than three stories in height.
4.21.2
Satellite dishes located in Residential Districts, which exceed 1.0 metre (3.29 feet) in
diameter shall only be erected on the roof of an accessory building if said accessory building
is located entirely within a rear yard.
4.21.3
Satellite dishes may be erected in Commercial or Industrial Districts for communications
purposes or re-broadcasting of television signals and part (i) of this subsection shall not
apply.
Communication Towers
The erection of communication towers shall not be permitted in, or closer than 100 metres
(328.09 feet) to, any Residential District.
4.22.1 The "proponent" needs to follow the Federal Legislation from Health Canada -
Safety Code 6, Industry Canada, and Transport Canada and provide proof before the Town of Elrose
will write a letter of concurrence or non-concurrence as the case may be.
Private Garages, Sunrooms, Solariums, and Greenhouses
Private garages, carports, sunrooms, solariums, and greenhouses attached to main
buildings by a substantial roof structure shall be considered as part of the main building
and shall be subject to the regulations for the main building.
Swimming Pools
Notwithstanding anything contained in this Bylaw, a swimming pool is permitted as an
accessory use to permitted uses in the residential districts or a motel (motor hotel) in a
highway commercial district in the side yard or rear yard of any lot if:
a) No part of such pool is located closer to any lot or street line than the minimum
distance required for the principal building located on such lot;
b) The maximum height of such pool is 1.22 metres (4 feet) above the average finished
grade level of the ground adjoining the pool and to within 4.58 metres (15 feet) of
such pool; and
c) Every swimming pool shall be enclosed by a non-climbable fence of at least 1.83
metres (6 feet) in height, with a lockable gate, equal in height to the fence and not
more than 10.16 cm (4 inches) from the ground, and located at a distance of not less
than 1.53 metres (5 feet) from the pool.
d) Any deck attached to or abutting a swimming pool shall be considered as part of the
swimming pool.
e) Any building or structure, other than a dwelling, required for changing clothing or for
pumping or filtering facilities, or other similar accessory uses, complies with the
provisions in the applicable Zoning Districts in Section 5 of this Bylaw, respecting
accessory buildings.
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Disposal of Wastes
4.25.1
Subject to all Acts and Regulations pertaining in any way to the storage, handling, and
disposal of any waste material or used item, and except as permitted by these Acts and
Regulations, no liquid, solid, or gaseous wastes shall be allowed to be discharged into any
steam, creek, river, lake, pond, slough, intermittent drainage channel or other body of
water, onto or beneath the surface of any land, or into the air.
4.25.2
No development or use of land which requires solid or liquid waste disposal facilities shall be
permitted unless those facilities are approved by Saskatchewan Health and the
Saskatchewan Watershed Authority. Disposal of liquid, solid, or gaseous waste shall be
governed by Acts administered by Saskatchewan Agriculture and Food, Saskatchewan
Environment, Saskatchewan Health and the Saskatchewan Watershed Authority.
Development Standards for Discretionary Uses
This Section addresses special provisions and specific development standards that apply to
the following developments. These standards apply in addition to any standards of the
District.
In approving any discretionary use to minimize land use conflict, Council may prescribe
specific development standards related to:
a) Site drainage of storm water;
b) The location of buildings with respect to buildings on adjacent properties;
c) Access to, number and location of parking and loading facilities;
d) Appropriate space for vehicle movement in order to reduce disruption of traffic flows
on adjacent roadways;
e) Control of noise, glare, dust and odour;
f)
Landscaping, screening and fencing to buffer adjacent properties.
Home Occupations
Home Occupations (Home Based Businesses) are subject to the following conditions
a) Home-based occupations and businesses will be accommodated provided that they are
clearly secondary to the principal residential use of the dwelling unit, compatible with
the surrounding residential area, and not of a size or that provide services or products
that would detrimentally affect the viability of the neighborhood.
b) Two (2) home occupations shall be allowed per dwelling unit. Home occupations shall
be conducted entirely within the dwelling or accessory building.
c) One advertising display sign shall be allowed on the site or premise from which the
home occupation is conducted. No neon or LED signs shall be permitted.
d) The storage of any merchandise or material relating to the home occupation be
stored and displayed provided the storage and display of such goods shall not be
exposed to the public view from the street and adjoining properties, nor shall such
storage involve a change in appearance of the residence or its accessory buildings.
e) No equipment or process used in the home occupation shall create dust, noise,
vibration, glare, fumes, odour or air pollution that is detectable at or beyond the
property lines of the lot where the home occupation is located.
f)
One person other than a resident of the dwelling unit may be engaged in any home
occupation as an employee or a volunteer.
g) Parking: The home occupation shall not cause or add to on-street parking congestion
or cause an increase in traffic through residential zones.
i.
No more than one business vehicle, for which off-street parking is provided, shall
be operated in connection with the home occupation.
ii.
Parking of vehicles of employees hired for off-site jobs shall not be allowed at or
in the vicinity of the dwelling unit.
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4.28
Accessory Dwelling Units (Secondary Suites and Garden Suites)
a) One (1) accessory dwelling unit may be constructed within the site of a principal single detached
dwelling in a residential zone at Council's discretion with conditions to assure that conflict with
neighbouring uses are avoided. Accessory Dwelling Units must contain cooking, eating, living,
sleeping and sanitary facilities.
b) Only one (1) accessory dwelling unit is permitted on each residential site and it may not interfere
with the site line of either of the adjoining properties.
c) Secondary Suites must be located within the principal dwelling and must have a separate
entrance from the principal dwelling either from a common indoor landing or directly from the
exterior of the building.
d) Secondary Suites may not exceed 60 m² (645.86 ft²) or 50% of the total floor space of the
dwelling unit including the basement, and may not have more than two bedrooms.
e) Secondary Suites may be allowed above garages at Council's discretion using the same criteria as
above.
f)
A garden suite should occupy no more than 75m² or a maximum of 40% of the total floor area of
a detached dwelling, whichever is less. The parcel coverage of the building in which a garden
suite is contained shall not exceed the building footprint of the principal dwelling.
Solid and Liquid Waste Disposal Facilities
Municipal and commercial solid or liquid waste disposal facilities are subject to the
following conditions:
a) The facility will be located as near as practical to the source of waste.
b) The facility will have undergone satisfactory review as required by provincial
authorities for environmental assessment and operational design.
c) The facilities will be located at least 300 metres (984.26 feet) for liquid waste, and 457
metres (1499.35 feet) for solid waste from any residence or recreational use.
d) The development of any new disposal sites shall take into consideration seasonal
winds.
e) Adequate precautions shall be taken to prevent pollution of ground water by disposal
operations.
f)
Solid waste disposal facilities shall be located in proximity to an all-weather road.
g) Council may apply special standards for screening, fencing and reclamation of the site.
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Bed And Breakfast Homes
Bed and breakfast homes are subject to the following conditions:
a) A bed and breakfast home may be located in a detached one unit dwelling or in a
semi-detached dwelling. No exterior alterations shall be undertaken which would be
inconsistent with the residential character of the building or property.
b) Bed and breakfast homes shall be located in a single detached dwelling used as the
operator's principal residence developed shall be licensed by the Ministry of Health.
c) Required parking spaces may be permitted in a required front yard.
d) One advertising display sign located on the site or premise advertising the bed and
breakfast home is permitted. The facial area of a sign shall not exceed 0.47 m² (5 ft2).
Campgrounds
4.31.1
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
trailer coach or tent campsites with dimensions. The addition or rearrangement of
campsites, the construction or moving of buildings, and 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.
4.31.2
A campground shall have within its boundaries a buffer area abutting the boundary of not
less than 4.58 metres (15 feet) which shall contain no buildings.
4.31.3
The operator of a campground shall designate a campsite for each trailer coach or tent
party, which shall be less than 150.04 m² (1615 ft2) in area with its corners clearly marked.
4.31.4
One permanent sign located on site advertising the campground is permitted per site;
4.31.5
No portion of any campsite shall be located within a roadway or required buffer area.
4.31.6
Each campsite shall have direct and convenient access to a developed roadway, which is not
located in any required buffer area.
4.31.7
Each trailer coach shall be located at least 3.05 metres (10 feet) from any other trailer coach,
and each campsite shall have dimensions sufficient to allow such location of trailer coaches.
4.31.8
The space provided for roadways within a campground shall be at least 7.62 metres (25 feet)
in width. No portion of any campsite, other use or structure shall be located in any roadway.
4.31.9
A campground may include as ancillary uses, a laundromat or a confectionery designed to
meet the needs of the occupants of the campsites, and one single detached dwelling for the
accommodation of the operator.
4.31.10 The Public Health Act shall be complied with in respect to all operations and development of
the campground.
Intermodal Storage Containers (Trailers, Sea and Rail Containers) - Council
Decision
No person shall park or store on any part of a site, any unlicensed rail or sea container,
truck, bus or coach body for the purpose of advertising within any Zoning District. Mobile
Storage containers may be accommodated in the Commercial/Light Industrial, at Councils
Discretion under the following conditions:
4.32.1
Mobile Storage Containers:
a) Permits from the Town of Elrose are required by the property owner before containers
are parked or stored;
b) Must be properly anchored;
c) Shall be located a minimum of 3.0 metres (9.85 feet) from the primary building and
behind the rear wall of the primary building;
d) Containers determined by the Town to be unsightly, misused, unsafe, or inappropriate
in any way, must be removed at the owner's expense within a time period specified by
the Town;
e) Must meet the National Building Code Standards as applicable;
f)
Mobile storage containers (rail or sea cans) are prohibited in any Residential District;
g) Containers when required and used as part of their regular business operations;
h) The area occupied by the mobile containers shall be included in the calculation of the
maximum lot coverage permitted in the Zoning District in which they are located.
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Portable Storage Units
The storage unit, incidental to construction of a building or structure with an active
building permit are allowed, provided such storage unit shall be removed following
completion or abandonment of such construction.
One portable storage unit may be placed on a residential lot with an active building permit
subject to the following conditions:
a) Prior to placement of the portable storage unit on the lot, the property owner shall
apply for a temporary development permit from the Development Officer;
b) The permit for the portable storage unit shall be a temporary permit and each
residential lot is limited to a period of time set by Council;
c) The portable Storage Unit shall not exceed 28.21 m 3 (996 ft3);
d) The portable Storage Unit shall be set back a minimum of 3 metres (9.85 feet) from
the front property line and 1.5 metres (4.92 feet) from the side or rear property lines
and all other structures on the property.
4.34 Criteria for Medicinal Marijuana Production Facilities (MMPF)
a) MMPFs shall meet all applicable federal, provincial, and municipal regulations. Proof of compliance
with the applicable federal and/or provincial regulations will be required as part of the Development
Permit application prior to issuing a Development Permit.
b) All MMPFs must comply with the National Building Code of Canada.
c) A waste management plan may be required as a condition of the Development Permit.
d) MMPFs shall be located at a minimum distance of 200 metres (656 feet) from a residential parcel,
daycare, community centre, playground, school or park, unless specified otherwise by the applicable
federal agencies. This shall be measured from the nearest point for the building foundation of the
MMPF to the nearest point of the site line of the above listed uses.
e) Where a licensed MMPF ceases operation, the facility and buildings shall be decommissioned and
remediated in accordance with applicable provincial and federal regulations. A decommissioning plan
may be required at the time the Development Permit application is made.
f) No on-site activity shall impact surrounding areas by reason of unsightliness, the emission of odours,
liquid effluence, dust, fumes, smoke, vibration, noise or glare.
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5 ZONING DISTRICTS AND ZONING MAPS
5.1
Zoning Districts
For the purpose of this Bylaw, the Town of Elrose is divided into several Zoning Districts
that may be referred to by the appropriate symbols.
FUD
Future Urban Development
R1
Residential
C1
Town Centre Commercial
R2
Residential District
C2
Commercial/Light Industrial
RA
Residential Acreage OPTIONAL
CS
Community Service
5.2
The Zoning District Map
The map, bearing the statement "This is the Zoning District Map referred to in Bylaw No.
2018 - 10 adopted by the Town of Elrose, signed by the Mayor and by the Town
Administrator under the seal of the Town, shall be known as the "Zoning District" map,
and such map is hereby declared to be an integral part of this Bylaw.
5.3
Boundaries of Zoning Districts
5.3.1
The boundaries of the districts referred to in this Bylaw, together with an explanatory
legend, notations and reference to this Bylaw, are shown on the map entitled, Zoning
District Map.
5.3.2
Unless otherwise shown, the boundaries of zoning districts are site lines, centre lines of
streets, lanes, road allowances, or such lines extended and the boundaries of the
municipality.
5.3.3
Where a boundary of a district crosses a parcel, the boundaries of the Districts shall be
determined by the use of the scale shown on the map.
5.3.4
Where the boundary of a district is also a parcel boundary and the parcel boundary moves
by the process of subdivision, the District boundary shall move with that parcel boundary,
unless the boundary is otherwise located by amendment to the Bylaw.
5.4
Holding Designation
5.4.1
Where on the Zoning District Map the symbol for a zoning district has suffixed to it the
holding symbol "H"; any lands so designated on the map shall be subject to a holding
provision in accordance with Section 71 of The Planning and Development Act, 2007.
5.4.2
Any lands subject to a holding provision shall only be used for the following uses:
i)
Those uses existing on the land when the "H" is applied; and Public works.
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5.5
FUTURE URBAN DEVELOPMENT DISTRICT - FUD
No person shall within any FUD District use any land, or erect, alter or
use any building or structure, except in accordance with the following provisions:
5.5.1 Permitted Uses
a) Agricultural crop production and horticultural uses and buildings and structures
accessory to the use including the application of manure on agricultural land;
b) Uses, buildings and structures accessory to the foregoing permitted uses;
c) Recreational uses and sports grounds;
d) Public works;
e) Pasture;
f)
Uses in existence when this Bylaw comes into force.
5.5.2 Discretionary Uses
The following uses may be permitted in the FUD- Future Urban Development District only by
resolution of Council and only in locations specified by Council:
a) One single detached dwelling and buildings accessory thereto;
b) Home occupations;
c) Large accessory buildings.
5.5.3 Site Development Regulations
Minimum site area
Agricultural and Residential - 0.20 hectares (0.5 acres)
All other uses - no minimum
No subdivision - existing area permitted
Minimum site frontage
Existing site frontages permitted.
Front yard
15 metres (49.22 feet)
Side yard
7.5 metres (24.61 feet) for dwelling and buildings accessory thereto, except
the minimum side yard abutting a public street shall be 10.0 metres (32.81
feet).
Rear yard
10 metres (32.81 feet) for dwellings and buildings accessory thereto except
that the minimum rear yard abutting a public street shall be 30.0 metres
(98.43 feet).
Maximum site coverage
10%
5.5.4 Signage
a) One permanent sign is permitted per site.
b) In the case of a home occupation, an additional permanent sign is permitted.
c) The facial area of a sign shall not exceed 0.5 metres² (5.39 feet2).
d) No sign shall be located in any manner that may obstruct or jeopardize the safety of the
public.
e) Temporary signs not exceeding 1.0 metres² (10.77feet2) advertising the sale or lease of
the property or other information relating to a temporary condition affecting the
property are permitted.
5.5.5 Accessory Buildings
a) No accessory building shall be located within 3.0 metres (9.85 feet) of a side or rear site
line except where the minimum yard abuts a public street, in which case the minimum
side or rear yard shall be 7.6 metres (24.94 feet).
b) The Building Floor Area for large accessory buildings on a residential site may not exceed
150 metres² (1,614.64 feet2).
30
FUD
5.5.6 Supplementary Regulations
a) Council will consider the applications for discretionary use with respect to the following
criteria:
i.
The proposed development will be consistent with any concept plans in force in
the area and will not be inconsistent with the future use and development
plans of the Official Community Plan.
ii.
The development will not require the development of new streets and utility
lines except as may be provided for in existing plans under the Official
Community Plan and that the proposal is not premature.
b) Where a development is proposed at a location at which standard connection to the
Town's existing sewer and water system is not feasible, the developer shall, at their own
expense, provide suitable water supply and sewage disposal facilities for that
development acceptable to Council and meets The Public Health Act and Regulations
requirements.
c) Any building or structure used for the habitation or shelter of animals permitted in this
Zoning District shall be located a minimum distance of 76.0 metres (249.35 feet) from an
occupied dwelling situated on an adjoining site.
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5.6
RESIDENTIAL DISTRICT - R1
No person shall within any R1-Residential District use any land or erect,
alter or use any building or structure, except in accordance with the following provisions:
5.6.1 Permitted Uses
a) One single detached dwelling, Ready-to-Move ( RTM), or Modular home;
b) Uses, buildings and structures accessory to the foregoing permitted uses and located on
the same site with the main use;
c) Public works buildings and structures excluding offices, warehouses, and storage yards.
d) Sports fields, parks, swimming pools, playgrounds.
5.6.2 Discretionary Uses
The following uses may be permitted in the R1-Residential District only by resolution of
Council and only in locations specified by Council:
a) Home Occupations;
b) One Secondary Suite (Garden Suite);
c) Semi-detached, two-unit dwelling, duplex dwelling, Four-plex, or Townhouses;
d) Bed and Breakfast homes
e) One mobile home (not older than 25 years) or one Modular Home, following the placement
thereof on a permanent foundation.
5.6.3 Prohibited Uses
a) Salvage or vehicle storage yard;
b) Off-Road vehicles are restricted to established paths and trails on public lands;
c) The keeping of livestock.
5.6.4 Accessory Uses
a) Any buildings, structures, or uses, which are accessory to the principle use of the site,
but only after the principle use or discretionary use has been established.
b) One accessory garage for two (2) motor or recreational vehicles.
c) Two (2) detached sheds or buildings accessory to the principal dwelling unit on the site.
5.6.5 Site Development Regulations
Single, Ready-to-Move (RTM), Modular Home, or Mobile Home
Minimum site area
360 m2 (3875 ft2) with lane
475 m2 (5113 ft2) without a lane
Minimum site frontage
12.2 metres (40 feet) with lane
15.0 metres (49 feet) without a lane
Minimum front yard
5.0 metres (16 feet)
Minimum side yard
1.2 metres (4 feet)
Minimum rear yard
6.10 metres (20 feet) for single detached
4.58 metres (15 feet) for mobile home
Minimum floor area
The Principle building shall be a minimum of 74.32m² (800 ft²)
Maximum site coverage
Building coverage may not exceed 60% of the site area.
Maximum height
10.67 metres (35 feet)
Minimum parking spaces
2
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R1
Semi-detached and Duplex
Minimum site area
275 m² (2960 ft2)/unit with a lane
325 m2 (3498 ft2)/unit without a lane
Minimum site frontage
9.15 metres (30 ft)/unit with a lane
10.5metres (35 ft)/unit without a lane
Minimum front yard
5.0 metres (16 feet)
Minimum side yard
1.2 metres (4 feet)
Minimum rear yard
1.2 metres (4 feet)
Minimum floor area
74.32m² (800 ft²)
Maximum site coverage
60%
Maximum Height
10.67 metres (35 feet)
Minimum parking spaces
1.5 spaces/dwelling unit
Multiple Unit Dwellings
Minimum site area
650 m² (7000 ft²) plus 93m² (1000 sq ft) for each ground floor
dwelling in excess of 3
Minimum site frontage
21.0 metres (70 feet)
Minimum front yard
7.5 metres (25 feet)
Minimum side yard
1.2 metres (4 feet)
Minimum rear yard
6.0 metres (20 feet)
Minimum floor area
74.32m² (800 ft²)
Maximum site coverage
50% and 60% on a corner lot
Maximum Height
10.67 metres (35 feet)
Minimum parking spaces
1.5 spaces/dwelling unit
5.6.6
Development Standards for Mobile homes
a)
All mobile homes must meet the standards set out in CSA A277 Procedure for Certification of
Factory Built Houses, and amendments thereto. All mobile homes must bear a label of a
credible certification agency indicating that compliance with the National Building Codes has
been certified using the A277 procedure.
b)
All attached and accessory structures shall require a development permit and shall comply
with the requirements of the National Building Code of Canada and the Building Bylaw of the
Town of Elrose.
c)
All attached or accessory structures such as porches, sun room additions, skirting and
storage facilities must be factory prefabricated units, or of an equivalent quality, and shall be
painted or prefinished so the design and construction will complement the main structure.
d)
In order to protect the residential character of the community, wheels, hitches, and running
gear must be removed within thirty (30) days of arrival, and must be skirted from the floor
level to ground level in such a manner as to compensate for vertical movements and to
prevent the entrance of rodents and other small animals.
e)
All mobile homes shall be connected to water and sewer services provided by the
Municipality and connected as available to other public works.
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5.6.7
Accessory Buildings
a) All accessory buildings shall be set back a minimum of 5.0 metres (16 feet) from the
front site line, 1.2 metres (feet) from the principal building, and 1.2metres (4 feet) from
the side site line unless the side site line is an abutting street then the side yard shall be
1.53 metres (5.0 feet).
b) All accessory buildings shall be located a minimum of 1.2 metres (4 feet) from the rear
site line except where an accessory building has a door or doors opening onto a lane
then it shall not be located less than 3.0 metres (9.85 feet) from the site line abutting
the lane. Where a public or environmental reserve exists adjacent to the rear yard, no
set back will be required.
c) All accessory buildings shall not exceed 75% in area of the principal building area and
shall not exceed 5.0 metres (16 feet) in height.
d) A 2-storey accessory garage may be allowed at councils and neighbours discretion and
may not exceed 10.67 metres (35 feet) in height measured from the lowest point of the
perimeter of the building to the ridge of the roof. Council to decide.
e) All activities related to artisan studios, crafts and workshops shall be conducted within
an enclosed building. No exterior storage of materials, goods, or waste products is
permitted, except within a waste disposal bin for collection.
5.6.8
Signage
a) One permanent sign is permitted per site.
b) In the case of a home occupation, an additional permanent sign is permitted in a
window of a dwelling, affixed to the dwelling or accessory building or free standing on
the property at least 3 (9.85 feet) metres in from any lot line.
c) The facial area of a sign shall not exceed 0.5 m² (5.39 ft2).
d) No sign shall be located in any manner that may obstruct or jeopardize the safety of the
public.
e) Temporary signs not exceeding 1.0 m² (10.77 ft2) advertising the sale or lease of the
property or other information relating to a temporary condition affecting the property
are permitted.
5.6.9
Fence and Hedge Heights
a) No hedge, fence or other structure shall be erected past any property line.
b) No hedge, fence, or other structure not otherwise permitted shall be erected in a
required front yard, to a height of more than 1 metre (3.29 feet.) above grade level.
c) No hedge, fence, or other structure not otherwise permitted shall be erected in a
required side or rear yard, to a height of more than 2.0 metre (6.57 feet) above grade
level.
d) No barbed wire, or razor wire fences shall be allowed in this district.
5.6.10
Outside Storage
a) No outdoor storage shall be permitted in the required front yard of any residential site.
b) No yard shall be used for the storage or collection of hazardous material.
c) Council may apply special standards as a condition or for a discretionary use approval
regarding the location of areas used for storage for that use.
d) No wrecked, partially dismantled or inoperable vehicle or machinery shall be stored or
displayed in any required yard.
e) Council may require special standards for the location setback or screening of any area
devoted to the outdoor storage of vehicles in operating condition normally used for the
maintenance of the residential property, vehicles or vehicular parts.
f)
Provision shall be made for the owner of the property to temporarily display a maximum
of either one (1) vehicle or recreational vehicle in operating condition that is for sale at
any given point in time.
g) Fabric covered structures consisting of wood, metal or plastic framing covered on the
roof and one or more sides with fabric, plastic, vinyl or other sheet material shall be
prohibited on all residential sites.
34
5.6.11
Regulations for Residential Parking
a) The parking area within the residential lot shall constitute a single driveway and shall
not exceed 60% of the frontage of the lot.
b) Where the parking area for all development is accessed from a street, the parking area,
including the driveway, shall have a durable, dust-free hard surface of asphalt, concrete,
brick or other similar material including gravel or slag.
c) Where recreational vehicle parking on a driveway is provided for a detached dwelling
unit the number of recreational vehicles shall not exceed two.
d) Recreational vehicles may be parked in the front driveway of a residential site, from
May 1 to September 15 only and can be parked in the rear or side yard driveway on
residential sites anytime.
35
5.7 RESIDENTIAL ACREAGE DISTRICT - RA
No person shall, within any RA - Residential Acreage District, use any
land, keep or maintain any livestock or poultry, or erect, alter, or use any building or
structure except in accordance with the following provisions.
5.7.1 Permitted Uses
a) One single detached dwelling, RTM, or modular.
b) Uses, buildings and structures accessory to the foregoing permitted uses and located on
the same site with the main use.
c) Public works, buildings and structures.
5.7.2 Discretionary Uses
The following uses may be permitted in the RA - Residential Acreage District only by
resolution of Council and only in locations specified by Council:
a) Accessory dwellings;
b) Large accessory buildings;
c) Personal care homes;
d) Bed and Breakfast homes;
e) Home occupations.
5.7.3 Site Development Regulations
Minimum site area
0.20 hectares (0.50 acres)
Minimum site frontage
45.0 metres (147.64 feet)
Minimum front yard
9.0 metres (29.53 feet)
Minimum side yard
3.0 metres (9.85 feet)
Minimum rear yard
3.0 metres (9.85 feet)
Minimum floor area
The principle building shall be a minimum of 92.90m² (1000 ft²)
Maximum site coverage
Building coverage may not exceed 60% of the site area.
Minimum parking spaces
2
5.7.4 Signage
a) One permanent sign is permitted per site.
b) In the case of a home occupation, an additional permanent sign is permitted on a door
or wall surface or in a window.
c) The facial area of a sign shall not exceed 0.5 m² (5.39 ft²).
d) No sign shall be located in any manner that may obstruct or jeopardize the safety of the
public.
e) Temporary signs not exceeding 1.0 m² (10.77 ft²) advertising the sale or lease of the
property or other information relating to a temporary condition affecting the property
are permitted.
f)
Signs may not be lighted.
5.7.5 Accessory Buildings and Uses
a) A permitted accessory use/building shall be defined as any building, structure or use,
which is customarily accessory to the principal use of the site, but only if the principal
permitted use or discretionary use has been established.
b) All accessory uses, buildings (ie detached garages) or structures require the submission
of an application for a development permit prior to commencing the use or
construction.
c) Setbacks and general performance standards for accessory buildings shall meet the
same requirements as the principal use or building.
36
RA
d) No accessory building shall be located within 3.0 metres (9.85 feet) of a side or rear site
line except where the minimum yard abuts a public street, in which case the minimum
side or rear yard shall be 7.5 metres (24.61 feet).
e) A 2-storey accessory garage may be allowed at councils and neighbours discretion and
may not exceed 10.67 metres (35 feet) in height measured from the lowest point of the
perimeter of the building to the ridge of the roof.
f)
Large Accessory Buildings shall have a maximum area of no greater than 111.48 m²
(1200.0 ft²) and shall not be higher than the principle building.
g) Large accessory buildings on residential sites must have an appearance similar to the
form, materials, and features of the primary dwelling and may not be commercial or
industrial in appearance.
5.7.6 Outside Storage
a) No outdoor storage shall be permitted in the required front yard of any residential site.
b) No yard shall be used for the storage or collection of hazardous material.
c) Council may apply special standards as a condition or for a discretionary use approval
regarding the location of areas used for storage for that use.
d) No wrecked, partially dismantled or inoperable vehicle or machinery shall be stored or
displayed in any required yard.
e) Council may require special standards for the location setback or screening of any area
devoted to the outdoor storage of vehicles in operating condition normally used for the
maintenance of the residential property, vehicles or vehicular parts.
f)
Provision shall be made for the owner of the property to temporarily display a maximum
of either one (1) vehicle or recreational vehicle in operating condition that is for sale at
any given point in time.
g) Fabric covered structures consisting of wood, metal or plastic framing covered on the
roof and one or more sides with fabric, plastic, vinyl or other sheet material shall be
prohibited on all residential sites.
37
5.8 TOWN CENTRE COMMERCIAL DISTRICT - C1
No person shall within a C1 - Town Centre Commercial District, use any
land or erect, alter or use any building or structure, except in accordance with the
following provisions:
5.8.1 Permitted Uses
a) Banks, credit unions, and other financial institutions.
b) Administrative offices.
c) Barbers, hairdressers, and other similar personal services establishments.
d) Medical, dental, and other health care offices and clinics or health services.
e) Restaurants, cafes, coffee shops and other similar retail food services.
f)
Confectionaries and delicatessens.
g) Storefront bakeries, butcher shops, and similar food processing with on-site retail sales.
h) Storefront retail stores and outlets.
i)
Mixed-Use development.
j)
Movie theatres, assembly halls, social clubs.
k) Commercial recreation establishments such as arcades and fitness centres.
l)
Licensed premises for the sale and consumption of alcoholic beverages.
m) Commercial and public recreational establishments such as bowling alleys, arcades and
fitness centres.
n) Hotels or motels.
o) Libraries, galleries, museums, and other similar cultural institutions.
p) Outdoor markets and concessions (permanent, seasonal, or occasional).
q) Small-scale repair trades, including retail sales of art and craft products.
r)
Recycling collection depots (neighborhood).
s)
Storefront construction trades without yards.
t)
Service stations existing at the time of passage of this Bylaw.
u) Dwellings attached to and behind, or above, commercial establishments.
v) Buildings, structures or uses accessory to and located on the same site as the principal
building or permitted use.
w) Public works buildings and structures excluding offices, warehouses, storage yards, and
waste management or sewage facilities.
5.8.2 Discretionary Uses
The following uses may be permitted in the Commercial Development District - C only by
resolution of Council and only in locations specified by Council:
a) Strip malls requiring on-site parking.
b) Multiple use buildings;
c) Shops of plumbers, pipe fitters, metal workers and other industrial trades
manufacturing and sales;
d) Autobody and machine shops;
e) Newspaper offices and printing plants and services;
f)
Recycling Collection Facilities (Commercial);
g) Automobile sales and service;
h) Lumber Yards and building supply establishments;
5.8.3 Prohibited Uses
a) Salvage or vehicle storage yard.
b) Off-Road vehicles are restricted to established paths and trails on public lands.
38
C1
5.8.4 Site Development Regulations
Commercial Uses
Minimum site area
232.0 m² (2,500 ft2), except for service stations which is 930.0 m²
(10,010.77 ft2).
There shall be no minimum site development requirements for public
works buildings.
Minimum site
frontage
7.5 metres (25 feet)
Minimum front yard
7.5 metres (25 feet) except, Council may reduce setback at its
discretion due to physical circumstances.
Minimum rear yard
No requirement except when the side site line directly abuts a
Residential or Community Service District or abuts a public street,
then the minimum rear yard shall be 6.0 metres (20 feet). Service
stations shall have a rear yard of 6.0 metres (19.69 feet)
Minimum side yard
No requirement except when the side site line directly abuts a
Residential or Community Service District or abuts a public street,
then the minimum side yard shall be 1.5 metres (5 feet)
Maximum site
coverage
75%
Maximum building
height
Principal building 15.0 metres (49.22 feet), Accessory buildings 5.0
metres (16.41 feet).
5.8.5 Accessory buildings
Setbacks for accessory buildings shall meet the same requirements as the principal use or
building.
5.8.6 Signage
Signs and billboards shall be prohibited in the C1 - Town Centre Commercial District except
for signs advertising the principal use of the premises or the principal products offered for
sale on the premises. Signs shall be subject to Section 4.32 and the following regulations.
No sign shall be located in any manner that may obstruct or jeopardize the safety of the
public.
Maximum number
of signs
Up to two (2) signs, which may be fascia, canopy, roof, projecting or
any combination thereof, may be located on any site. Double faced
signs are permitted.
Maximum size
The facial area of a sign shall not exceed 3.5 m² (37.68 ft2).
Location
All signs, except for canopy and projecting signs, shall be located
within the lot lines of the lot in which they are located.
Height
No sign shall exceed 6.0 metres (19.690 feet) in total height above
the ground.
5.8.7 Parking
Off-street parking requirements shall be provided in accordance with the following:
Restaurants, other
eating places
1 parking space for every 4 seats provided for patrons.
Offices and Personal
Service
Establishments
1 parking space for each 30 m² (322.93 ft2) of floor area.
Retail Stores
1 parking space for each 50 m² (538.22 ft2) of floor area.
Commercial
Recreational
Activities
1 parking space for each 10 m² (107.65 ft2) of floor area.
Strip malls
1 parking space for each 50 m² (538.22 ft2) of floor area.
39
5.8.8 Parking Lots
a) Are to be hard surfaced and designed to drain water onto a street or lane or into a
storm sewer system with adequate capacity to handle such runoff; and
b) Where a parking lot/area abuts any Residential or Community Service District without
an intervening lane there shall be a fence at least 1.0 metres (3.29 feet) in height and a
strip of land adjacent to the abutting site line of not less than 1.5 metres (4.93 feet) in
width throughout which shall not be used for any purpose except landscaping.
5.8.9 Off-Street Loading
Where the use of a building or site involves the receipt, distribution or dispatch by vehicles
of materials, goods or merchandise, adequate space for such vehicles to stand for loading
and unloading shall be provided on the site. The minimum area of an individual loading
space shall be 17.0 m² (183.0 ft2).
Gross Floor Area
Minimum Number of Loading Spaces
90 m² to 1300 m²
1 space
1300 m² to 2500
m²
2 spaces
>2500 m²
2 spaces +1 space for each additional 2500 m²
5.8.10 Landscaping
a) Where a site abuts any Residential or Community Service District without an intervening
lane, there shall be a strip of land adjacent to the abutting site line of not less than 1.5
metres (4.93 feet) in width throughout which shall not be used for any purpose except
landscaping.
b) Fences and Hedges may be erected, placed, planted, maintained or grown along a lot
line only in conformance with the following regulations:
i.
No fence, hedge or shrub, other than those required as screening, shall exceed
3.0 metres (9.85 feet) in height;
ii.
No barbed wire, or razor wire fences shall be allowed in a Commercial District;
iii.
In the case of corner lots, no fences, hedge or shrubs shall be placed so as to
create a visual obstruction in an established sight triangle.
5.8.11 Supplementary Regulations
In addition to other applicable regulations or standards contained in this bylaw, the
following standards apply to those uses or forms of development designated as discretionary
in the C1- Town Centre Commercial District.
a) Service Stations
i.
Fuel pumps and other accessory equipment shall be located at least 6 metres
(20 feet) from any street or lot line.
ii.
All automobile parts, dismantled vehicles and similar articles shall be stored
within a building or screened.
40
5.9 COMMERCIAL/LIGHT INDUSTRIAL DISTRICT - C2
In any C2 - Commercial/Light Industrial District, no person shall use any
land, building or structure or erect any building or structure except in accordance with the
following provisions:
5.9.1 Permitted Uses
a) Motels or Hotels, including a dwelling for caretakers, owners, or managers of this use.
b) Offices and Professional Office Buildings.
a) Service stations and other establishments for the servicing, storage and sale of motor vehicles,
trailers and recreation equipment.
b) Auto body shops.
c) Car washes.
d) Gas Bar.
e) Commercial cardlock.
f)
Restaurants, confectionaries including drive-in/thru.
g) Commercial Indoor or Outdoor Storage establishments. Mini warehousing and u-store
facilities.
h) Small Scale Repair Services.
i)
Agricultural Commercial.
j)
Animal hospitals, Veterinary clinics and offices of veterinary surgeons.
k) Garden centres or commercial greenhouses.
l)
Shops of plumbers, pipe fitters, metal workers and other industrial trades, manufacturing and
sales.
m) Lumber yards and building supply establishments.
n) Tourist oriented commercial recreation activities.
o) Mini-warehouse and self-service storage facilities.
p) Telecommunication Facilities.
q) Uses, buildings or structures accessory to and located on the same site as the principal building
or use.
r)
Public Utility Buildings and Structures
5.9.2 Discretionary Uses
The following uses shall be considered by Council subject to the completion of the discretionary
process as outlined in Section 3 of the General Administration of this Bylaw:
a) Establishments for the sale, rental, leasing and associated servicing of automobiles, trucks,
motorcycles and recreational vehicles, industrial equipment and agricultural implements;
b) General Commercial Type I;
c) General Industrial Type I;
d) Agricultural Industry;
e) Abattoir;
f) Residential or agricultural building assembly area/sales/staging;
g) Construction and other industrial trades, yards, plants, and/or offices.
h) Warehousing and supply depots.
i) Manufacturing, fabricating, processing, assembly, finishing, production or packaging
of materials, goods or products that are not noxious.
j) Farm and Industrial machinery, equipment and vehicle sales and service.
k) Bulk petroleum sales and storage.
l) Indoor repair, rental, servicing, storage, wholesale of any commodity and/or retail
sales of any goods, materials and/or commodities excluding any hazardous
materials.
m) Contractor's offices, workshops and yards;
n) Equipment Rentals.
o) Heavy Equipment sales and services.
p) Industrial Support services.
q) Campgrounds including recreational Vehicle Park.
r) Commercial Recycling Depots.
s) Public works buildings and structures excluding offices, warehouses, storage.
t) Public works Solid and Liquid Waste Disposal facilities.
41
C2
5.9.3 Prohibited Uses
The following uses shall be strictly prohibited within a C2 -Commercial/Light Industrial District:
a) Dwelling units.
b) All uses of land, buildings or processes that may be noxious or injurious, or
constitute a nuisance beyond the building which contains it by reason of the
production or emission of dust, smoke, refuse, matter, odour, gas, fumes, noise,
vibration or other similar substances or conditions;
d) Stockyards and auction marts.
e) Hatcheries.
d) Meat Processing Plants.
e) Seed Cleaning plants, feed mills and flour mills.
f)
Fertilizer sales and storage.
g) Cement manufacturing.
h) Aggregate materials; storage or handling operations.
i)
Outdoor storage yard.
j)
Salvage recycling operation.
k) All uses of buildings and land except those specifically noted as permitted or discretionary.
5.9.4 Subdivision and Site Regulations
Minimum site area
1115 m² (12,000 sq. ft) excepting public utilities and those
commercial/industrial sites which existed prior to the passage of this Bylaw,
which will be deemed to be conforming sites.
Minimum site frontage
30.0 metres (98 feet).
Minimum front yard
7.5 metres (25 feet).
All buildings shall be set back a minimum of 45.72 metres (150 feet) from
the centre line of any developed road, municipal road allowance or
provincial highway and/or a minimum of 91.44 metres (300 feet) from the
intersection of the centre lines of any municipal roads or provincial highway.
Minimum rear yard
7.5 metres (25 feet) or 25% of the depth of the site whichever is greater
Minimum side yard
3.0 metres (9.85 feet).
15.0 metres (49.22 feet) except where a side yard abuts a municipal road
allowance or a provincial highway, the front yard requirements shall apply.
Minimum setback for
trees, shelterbelts and
other
All shelterbelts, tree plantings, portable structures, machinery and the
storage of aggregate materials shall comply with the same setback
requirement as for buildings.
5.9.5 Accessory Buildings and Uses
a) A permitted accessory use/building shall be defined as any buildings, structures or a use
which is customarily accessory to the principal use of the site, but only if the principal
permitted use or discretionary use has been established.
b) All accessory uses, buildings or structures require the submission of an application for a
development permit prior to commencing the use or construction unless it is identified as
exempt from this process in Section 3 of the General Administration of this Bylaw.
c) Setbacks and general performance standards for accessory buildings shall meet the same
requirements as the principal use or building.
5.9.6 Parking
Off-street parking requirements shall be provided in accordance with the following:
Restaurants, other eating
places
1 parking space for every 4 seats provided for patrons.
Offices and Personal
Service Establishments
1 parking space for each 30 m² (322.93 ft2) of floor area.
Other uses
1 parking space for each 70 m² (753.50 ft2) of floor area of the principal
building.
Commercial Recreational
Activities
1 parking space for each 10 m² (107.65 ft2) of floor area.
Motels
1 parking space for each unit.
42
5.9.7 Parking Lots
a) Are to be graveled and designed to drain water onto a street or lane or into a storm sewer
system with adequate capacity to handle such runoff; and
b) Where a parking lot/area abuts any Residential or Community Service District without an
intervening lane there shall be a screening of at least 2.0 metres (6.56 feet) in height and a
strip of land adjacent to the abutting site line of not less than 1.5 metres (4.93 feet) in
width throughout which shall not be used for any purpose except landscaping.
5.9.8 Supplementary Regulations or Special Provisions
a) The Development Officer may require a greater setback for a permitted or discretionary use
if it is deemed that the use may substantially interfere with the safety and amenity of
adjacent sites.
b) Any parcel which does not conform to the minimum or maximum site area requirement
shall be deemed conforming with regard to site area, provided that a registered title for the
site existed at Information Services Corporation (Land Titles Office) prior to the coming into
force of this Bylaw.
c) Notwithstanding any other requirements contained in this Bylaw, Service Stations shall
locate underground storage tanks in accordance with The Fire Protection Act.
d) The Development Officer may allow a building to be occupied by a combination of one or
more of the permitted or discretionary uses listed within this District; however each use
shall obtain a separate development permit.
e) Where the use of the building or site involves the receipt, distribution or dispatch by
vehicles of materials, goods or merchandise, adequate dedicated and clearly defined space
for such vehicles to stand for unloading or loading shall be provided on site.
f)
All areas to be used for vehicular traffic shall be designed and constructed to the
satisfaction of Council.
5.9.9 Landscaping
In addition the requirements contained within Section 4.12 of the General Regulations, the
following additional conditions shall be met for developments within a Prestige Highway Corridor
Commercial/Industrial District (PHC):
a) Prior to issuing a development permit for an undeveloped lot in this district, the applicant
shall be required to supply a landscape plan which is satisfactory to Council, and wherever
possible, existing trees should remain.
b) Where a site abuts any country residential district without an intervening road, there shall
be a strip of land adjacent to the abutting site line of not less than 3.0 meters in depth
throughout, which shall not be used for any purpose except landscaping.
5.9.10 Outdoor Storage
a) Outdoor storage is permitted in side and rear yards.
b) The storage and display of goods shall be permitted in a front yard where it is deemed
essential to facilitate a permitted or approved discretionary use.
c) All outdoor storage must be screened from view from adjacent roadways and public lands
by a solid fence, landscape materials, berm, vegetative plantings or any combination of the
above at least two meters in height.
d) Commercial vehicles and equipment associated with a permitted use may be stored on-site
provided the area used for storage of these vehicles does not exceed the area of the
building used by the business to carry out its operations. No vehicles, materials or
equipment shall be in a state of disrepair.
5.9.11 Performance Standards
An industrial operation including production, processing, cleaning, testing, repairing, storage or
distribution of any material shall conform to the following standards:
a) Noise - emit no noise of industrial production audible beyond the boundary of the lot on
which the operation takes place;
b) Smoke - no process involving the use of solid fuel is permitted;
c) Dust or ash - no process involving the emission of dust, fly ash or other particulate matter is
permitted;
d) Odor - the emission of any odorous gas or other odorous matter is prohibited;
e) Toxic gases - the emission of any toxic gases or other toxic substances is prohibited;
43
f)
Glare or heat - no industrial operation shall be carried out that would produce glare or heat
discernible beyond the property line of the lot;
g) External storage - external storage of goods or material is permitted if kept in a neat and
orderly manner or suitably enclosed by a fence or wall to the satisfaction of the authority
having jurisdiction. No storage shall be permitted in the front yard;
h) Industrial wastes - waste which does not conform to the standards established from time to
time by Rural Municipal Bylaws shall not be discharged into any municipal lagoons.
i)
The onus of proving to the authority having jurisdiction and Council's satisfaction that a
proposed development does and will comply with these requirements rests with the
developer.
5.9.12 Auto-body Shops
a) This is limited to auto repair and body shops, limited salvage materials and vehicles waiting
repair, where the majority of the activities are performed/ located inside an enclosed building.
b) Vehicles and parts storage shall not be stored in any required front yard abutting a road. No yard
shall be used for the storage or collection of hazardous material.
c) All auto-body shop yards shall be must be screened from public view by a solid fence with the
location, height and materials being first approved by the Development Officer by utilizing any of
the following measures:
i. distance and careful location;
ii. natural or planted vegetation;
iii. an opaque fence;
iv. a building;
v. other appropriate methods approved by Council.
d) A Performance Bond may be required by Council to ensure the proposal meets the development
standards.
5.9.13 Bulk Petroleum Storage
Access to sites for discretionary uses or developments shall be located to ensure that heavy truck
traffic takes access to or from arterial or collector streets or designated truck routes; all
operations shall comply with all regulations of Sask Environment and Public Safety governing
their development and operation:
a) All outside storage shall be fenced and where the area abuts a Residential or Community
Service District without an intervening street or lane, the storage area shall be screened with
a solid fence or hedge at least 2.0 metres (6.57 ft) in height;
b) Bulk petroleum storage tanks are to be located in accordance with the National Fire Code of
Canada, 1990, as amended from time to time.
5.9.14 Signage
Signs and billboards are prohibited in the Commercial/Light - Industrial District except for signs
advertising the principal use of the premises or the names of the occupants of the premises.
Permitted signs shall be subject to the following regulations:
a) No sign shall be located in any manner that may obstruct or jeopardize the safety of the
public;
b) The facial area of a sign shall not exceed 0.5 m² (5.39 ft²);
c) Temporary signs not exceeding 1 m² (10.77 ft²) advertising the sale or lease of the property
or other information relating to a temporary condition affecting the property are
permitted;
d) Temporary signs advertising product prices or sales, special events related to retail and
service activities, or advertising community or charity activities or events are permitted.
44
5.10 COMMUNITY SERVICE DISTRICT - CS
No person shall, within any CS - Community Service District, use any land, or
erect, alter or use any building or structure except in accordance with the following
provisions.
5.10.1
Permitted Uses
a) Natural and nature-like open areas.
b) Pedestrian trails and bicycle pathways.
c) Scenic lookout and interpretation facilities, rest stops, and other public trail facilities.
d) Lodges, social clubs, service clubs.
e) Municipal offices, libraries, historic and cultural institutions, community halls.
f)
Accessory buildings, structures and uses located on the same site with the main use.
g) Recreational - sports fields, parks, playgrounds, curling rinks, skating rinks, tennis courts,
lawn bowling greens, swimming pools, marina, boat launches, and other similar uses. More
than one recreational use may be permitted per site.
h) Buildings, structures, or uses secondary or subordinate to, and located on the same site as,
the principal use, shall be considered accessory uses.
i)
Public works buildings and structures excluding storage yards, warehouses, drainage
ditches, culverts, and other drainage works, and shall include water reservoirs and sewage
treatment facilities.
5.10.2
Discretionary Uses
The following uses may be permitted in the Community Service District but only by resolution of
Council and only in locations specified in such resolution of Council:
a) Communication towers;
b) Golf courses, auto race tracks, horse race tracks, or other very large or very intensive use
facilities;
c) Recreational related commercial service facilities;
d) Tourist campgrounds;
e) Tourist cabins for rental to tourists on a seasonal basis.
5.10.3
Site Development Regulations
Permitted uses
Minimum site area
450 m² (4,843.92 ft2).
Minimum site frontage
15 metres (49.22 feet), except Council may reduce frontage due to
physical circumstances.
Minimum front yard
7.5 metres (25 feet)
Minimum rear yard
6.0 metres (19.69 feet) except where the rear of the site abuts any
Residential District without an intervening street or lane, a rear yard
of at least 7.5 metres (24.61 feet) shall be provided.
Minimum side yard
Not less than half the height of the building or 3.0 metres (9.85 feet)
whichever is more.
45
CS
Recreational, Public or Institutional Uses
Minimum site area
450 m2 (4844 ft2).
Minimum site frontage
15.24 metres (50 feet).
Minimum front yard
7.62 metres (25 feet).
Minimum side yard
3.66 metres (12 feet) or ½ the average wall height, whichever is
greater.
Minimum rear yard
7.62 metres (25 feet.)
Minimum floor area
The Principle building shall be a minimum of 210m² (700 ft²)
An accessory building shall not exceed 75% of the principal building
footage.
Maximum site coverage
Building coverage may not exceed 60% of the site area.
Minimum parking spaces
2
Shelterbelts, shrubs and
fences
Tree and shrub plantings, portable structures, machinery and earth
or gravel piles shall comply with the same setback requirement as
for buildings.
5.10.4
Accessory Buildings
a) All accessory buildings shall be set back a minimum of 6.0 metres (19.69 feet) from the
front site line, 1.2 metres (3.94 feet) from the principal building, and 1.2 metres (3.94 feet)
from the side site line unless the side site line is an abutting street then the side yard shall
be 4.5 metres (14.77 feet).
b) All accessory buildings shall be located a minimum of 1.2 metres (3.94 feet) from the rear
site line except where an accessory building has a door or doors opening onto a lane then it
shall not be located less than 3.0 metres (9.85 feet) from the site line abutting the lane.
c) All accessory buildings shall not exceed 83.6 metres² (900 feet²) and shall not exceed 5.0
metres in height.
d) All activities related to artisan studios, crafts and workshops shall be conducted within an
enclosed building. No exterior storage of materials, goods, or waste products is permitted,
except within a waste disposal bin for collection.
5.10.5
Signage
a) The facial area of a sign shall not exceed 0.5 metres² (5.39 feet2).
b) Signs and billboards are prohibited except for one information sign for each building or use
and those bearing notices of special events and activities, or other information, relating to a
temporary condition affecting the site and shall not exceed 1.0 metres² (10.77 feet2) in size.
5.10.6
Parking
Off-street parking requirements shall be provided in accordance with the following:
Churches and Places of
Assembly
1 parking space for each 50 m² (538.22 ft2) of floor area.
Special care homes
1 parking space for each bed.
Institutional buildings,
private clubs and lodges
1 parking space for each 50 m² (538.22 ft2) of floor area.
Recreational buildings,
sports facilities and fields
1 parking space for each of every ten patrons or seats.
5.10.7
Landscaping
a) A landscaped strip of not less than 3.0 metres (9.85 feet) in width throughout lying parallel
and abutting the front site line shall be provided on every site.
b) On corner lots, in addition to the landscaping required in the front yard, the whole of any
required side yard abutting the flanking street shall be landscaped.
c) Where a site abuts any Residential District without an intervening land, there shall be a
strip of land adjacent to the abutting site line of not less than 1.5 metres (4.93 feet)
through which shall not be used for any purpose except landscaping.
46
6 ADOPTION
MINISTERIAL APPROVAL
This Bylaw is adopted pursuant to The Planning and Development Act, 2007, and shall come into force on the date of final
approval by the Minister of Government Relations.
COUNCIL READINGS AND ADOPTION
Read a first time this
day of
2019
Read a second time this
day of
2019
Read a third time this
day of
2019
Adoption of Bylaw this
day of
2019
_________________________________
Mayor
SEAL
_________________________________
Administrator
_________________________________
Ministerial Approval Date
SEAL
_________________________________
Ministerial Approval
47
APPENDIX "A" ZONING MAP
APPENDIX "B"
Development Permit Application Requirements
Every development permit application shall include:
1. Application Form
A completed application form.
2. Site Plan
Two copies of a proposed development site plan.
3. Building Plan
A plan showing, with labels, the elevations, floor plan, and a perspective drawing of the proposed development.
4. Landscape Plan
A landscape plan showing, with labels, the following:
a) the existing topography;
b) the vegetation to be retained and/or removed;
c) the type and layout of;
i)
hard (e.g., structures) and soft (e.g., vegetation) landscaping,
ii) the open space system, screening, berms, slopes,
iii) other, as required, to effectively administers this Bylaw.
d) the types, sizes and numbers of vegetation materials;
e) areas to be damaged or altered by construction activities and proposed methods of restoration;
f)
a schedule of site stripping and grading, construction, and site restoration, including methods to be employed to
reduce or eliminate erosion by wind, water, or by other means; and
g) historical and archaeological heritage resources and management areas (a Heritage Resource Assessment as
prescribed under The Heritage Property Act may be required).
5. Vicinity Map
A vicinity map showing, with labels, the location of the proposed development in relation to adjacent lands:
a) nearby municipal roads, highways and railways;
b) significant physical features, environmentally sensitive areas, and more or less pristine natural areas or features,
especially undisturbed grassland, wooded ravines, and water feature or stream courses;
c) critical wildlife habitat and management areas;
d) mineral extraction resources and management areas, and
e) other as required, to effectively administer this Bylaw.
6. Certificate of Title
A copy of the Certificate of Title, indicating ownership and all encumbrances.
7. Valid Interest
Development permit applicants shall be required to provide information, to the Development Officer's or Council's
satisfaction, that they have a current, valid interest in the land proposed for development.
a) Proof of current valid interest may include:
i)
proof of ownership;
ii) an agreement for sale;
iii) an offer or option to purchase;
iv) a letter of purchase;
v) a lease for a period of more than 10 years; and
vi) other, as determined and accepted by Council, or the Development Officer.
8. Site Description for Subdivision Applications
a) A proposed plan of subdivision prepared by a Saskatchewan Land Surveyor or Professional Community Planner and
signed by the registered site owner or appointed agent.
b) A metes and bounds description prepared by the Information Services Corporation, which is accompanied by an
accurate sketch.
c) Photographic Information; and/or
d) Photographs showing the site in its existing state.
9. Prior to making a decision on a subdivision, permitted or discretionary use, Council may refer the application to
whichever Government Agencies or interested groups, as Council may consider appropriate. Council also may require
the application to be reviewed by planning, engineering, legal, or other professionals, with the cost of this review to be
borne by the applicant.
APPENDIX "C"
Application for a Development Permit
1. Applicant:
a) Name:_______________________________________________
b) Address:_____________________________________________
Postal Code:_______________
c) Telephone Number: ___________________________Cell phone:
____
2. Registered Owner: as above, or:
a) Name:_______________________________________________
b) Address:_____________________________________________
Postal Code:_______________
c) Telephone Number: ___________________________________
Cell phone:
____
3. Property: Legal Description
Lot(s)_____________ Block_______________ Reg. Plan No._________________
4. Lot Size:
Dimensions__________________________ Area ___________________________
5. Existing Land Use:
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
6. Proposed Land Use/description of Proposed Development:
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
7. Proposed date of Commencement:____________________________________
Proposed date of Completion:________________________________________
8. Other Information:
____________________________________________________________________________________
____________________________________________________________________________________
9. FOR NEW CONSTRUCTION PROVIDE A DETAILED SITE PLAN, drawn to scale on a separate sheet showing,
with labels, the following existing and proposed information:
a) a scale and north arrow;
b) a legal description of the site;
c) mailing address of owner or owner's representative;
d) site lines;
e) bylaw site line setbacks;
f) front, rear, and side yard requirements;
g) site topography and special site conditions (which may require a contour map), including ponds, streams,
other drainage runs, culverts, ditches, and any other drainage features;
h) the location of any buildings, structures, easements, and dimensioned to the site lines;
i)
the location and size of trees and other vegetation, especially natural vegetation, street trees, and mature
growth;
j)
proposed on-site and off-site services;
k) landscaping and other physical site features;
l)
a dimensioned layout of parking areas, entrances, and exits;
m) abutting roads and streets, including service roads and alleys;
n) an outline, to scale, of adjacent buildings on adjoining sites;
o) the use of adjacent buildings and any windows overlooking the new proposal;
p) fencing or other suitable screening;
q) garbage and outdoor storage areas; and
r) other, as required by the Development Officer or Council to effectively administer this Bylaw.
10. Declaration of Applicant:
I, __________________________________of the _________________________of _________________________ in the
Province of Saskatchewan, do Solemnly declare that the above statements contained within the application are true, and I
make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if
made under oath, and by virtue of "The Canada Evidence Act."
I agree to indemnify and hold harmless the Town of Elrose from and against any claims, demands, liabilities, costs and
damages elated to the development undertaken pursuant to this application.
Date: ______________________________ Signature:______________________________
APPENDIX "D"
Notice of Decision for a Development Permit or Zoning Bylaw Amendment
To:
_____________________________
____________________________________________
(Applicant)
(Address)
This is to advise you that your application for a:
Permitted Use or Form of Development, or
Discretionary Use or Form of Development, or
Request for a Zoning Bylaw Amendment
Has Been:
Approved
Approved subject to conditions or Development Standards, as listed in the attached schedule
Refused for the following reason:
If your application has been approved with or without conditions, this form is considered to be the
Development Permit granted pursuant to the Zoning Bylaw.
Right of Appeal
Please be advised that under Section 219 of The Planning and Development Act, 2007:
you may NOT appeal the refusal of your application for a use or form of development that is not permitted within
the zoning district of the application;
you may NOT appeal the refusal of your application for a discretionary use or form of development;
you may NOT appeal the refusal of your application for an amendment to the zoning Bylaw;
you MAY APPEAL those standards that you consider excessive in the approval of the discretionary use of form of
development; or
you MAY APPEAL the refusal of your application if you feel that the Development Officer has misapplied the Zoning
Bylaws in the issuing of this permit.
Your Appeal must be submitted in writing within 30 days of the date of this notice to:
Secretary, Development Appeals Board
Town of Elrose
Box 482, Elrose, SK
S0L 0Z0
_____________________________
____________________________________________
(Date)
Development Officer
Note:
This Development Permit expires 12 months from the date of issue.
A Building Permit is also required in addition to a Development Permit for a building construction.