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Town of Radville
Zoning Bylaw No. 2011-09
Prepared by John Wolfenberg
Professional Community Planning Services Ltd.
December, 2011
TABLE OF CONTENTS
Section 1 INTRODUCTION 3
Section 2 DEFINITIONS 4
Section 3 ADMINISTRATION.........................................................................................12
Section 4 GENERAL REGULATIONS...........................................................................15
Section 5 SIGNAGE REGULATIONS .23
Section 6 ZONING DISTRICTS 24
Subsection 6.1 R1 - RESIDENTIAL LOW DENSITY DISTRICT 24
tc \l2 "8.1 R1 - Residential District
Subsection 6.2 R1A - RESIDENTIAL LOW DENSITY (Restricted) DISTRICT 26
Subsection 6.3 - R2 - RESIDENTIAL MEDIUM DENSITY DISTRICT 27
tc \l2 "8.1 R1 - Residential District
Subsection 6.4 C1 - CORE COMMERCIAL DISTRICT 28
tc \l2 "8.1 R1 - Residential District
Subsection 6.5 C/LI - COMMERCIAL/LIGHT INDUSTRIAL DISTRICT ......................29
Subsection 6.6 CS - COMMUNITY SERVICE/INSTITUTIONAL DISTRICT................31
Subsection 6.7 UH - URBAN HOLDING DISTRICT............................................................32
Subsection 6.8 H - HOLDING DISTRICT............................................................................32
Subsection 6.9 ES - ENVIRONMENTALLY SENSITIVE OVERLAY DISTRICT...........33
Subsection 6.10 CZ - CONTRACT ZONING..........................................................................33
Subsection 6.11 I - INDUSTRIAL DISTRICT.......................................................34
Section 7 ADOPTION AND APPENDICES..................................................................36
1 INTRODUCTION
tc \l1 "SECTION 1 - INTRODUCTION
Under the authority granted by The Planning and Development Act, 2007 (the Act), the Council of the Town of Radville, in the Province of Saskatchewan, in open meeting hereby enacts as follows:
Title
tc \l2 "1.1 Title
This bylaw shall be known and may be cited as the "Zoning Bylaw" of the Town of Radville.
Purpose
tc \l2 "1.2 Purpose
The purpose of this Bylaw is to implement the policies in the Official Community Plan and to regulate land use.
Scope
tc \l2 "1.3 Scope
Development shall hereafter be permitted within the limits of the Town of Radville only when in conformity with the provisions of this bylaw.
Severability
tc \l2 "1.4 Severability
If any section, clause, or provision of this bylaw, including anything shown on the Zoning Map, is for any reason declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the bylaw as a whole or any part thereof, other than the section, clause or provision, including anything shown on the Zoning Map, so declared to be invalid.
Interpretation
For the purpose of this Bylaw, words used in the present tense include the future, words used in the singular number include the plural, and words used in the plural include the singular number. The words shall, must or will identify a mandatory action or decision, as the case may be. The words should or may identify a voluntary action or decision, as the case may be. Whether actions or decisions are mandatory or voluntary, the Council may include prerequisites or conditions which must be fulfilled before that action or decision may be taken. The words used and occupied shall include the words intended, arranged or designed to be used or occupied.
For the purpose of this Bylaw, only the Metric System of measurement shall apply. No existing use or building shall be deemed to be non-conforming to the Bylaw regulations by reason only of the conversion of the measurements in this Bylaw from the Imperial System of measurement to the Metric System of measurement where such non-conformity results solely from the conversion and is reasonably equivalent to the Metric System of measurement.
2 DEFINITIONStc \l1 "SECTION 2 - DEFINITIONS
Wherever in this bylaw the following words or terms are used, they shall, unless the context otherwise provides, be held to have the following meaning:
Abut/Adjoin - To physically touch or border, or share all or part of a common lot line.
Accessory Use - a use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building, but does not include a building or structure used for human habitation.
Act - The Planning and Development Act, 2007.
Alteration - any structural change or addition made to any building.
Annexation - the formal process through which land in one jurisdiction is transferred to the jurisdiction of another municipality.
Aquifer - a confined or unconfined, subterranean body of water.
Attached - structurally attached to the principal use or building on a Lot.
Basement - is the underground portion of a building that is between two floor levels with not more than one half its height from finished floor to finished ceiling above the finished grade.
Bed and Breakfast Homes - an owner occupied dwelling unit where short-term (up to a maximum of four weeks) lodging rooms and meals are provided.
Buffer - is land, structure, development or a form of development that separates and reduces the impact of incompatible land uses. It may include a lane screening or landscaping.
Building - a structure used or intended to be used for the shelter or accommodation of persons, animals, goods, chattels or equipment, having a roof which is supported by columns or walls and including tents and other temporary structures.
Building Accessory - a subordinate detached building which is accessory to a principal building or principal use and located on the same lot, the purpose of which is to provide better and more convenient enjoyment of the principal building or principal use.
Building Bylaw - a bylaw which regulates the erection, alteration, repair, occupancy, or maintenance of building and structure.
Building Height - the vertical distance of a building measured from finished grade level to the highest point of the roof (note Sections 4.9 and 4.10).
Building Permit - a permit issued by the Council of the Town of Radville or its designate that authorizes the erection, placement, alteration, repair, construction, renovation or reconstruction for all or part of a building or structure, but does not include the development permit requirements.
Building Principal - a building where the main or primary use of the lot is conducted.
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 has been built.
Campground - an area of land managed as a unit that provides short-term accommodation for tents, tent trailers, recreational vehicles and campers.
Cannabis - means Cannabis as defined in the Cannabis Act (Canada).
Cannabis Retail Store - a retail store, which is permitted pursuant to provincial legislation and regulations, authorized in the sale of non-medicinal cannabis and cannabis related accessories.
Carport - an open-sided vehicle shelter that stands alone or by a roof extension forms part of the principal building on the same Lot.
Church - a building used by adherents to a religious faith for meeting, study, worship, and recreation purposes, but does not include school facilities.
Commercial Entertainment Establishment - a building or part of a building used for the commercial operation of social, cultural or recreational activities.
Community Centre - a facility owned and operated by the municipality or a non-profit organization for meetings, recreational activities and similar uses and open to the general public.
Condominium - as defined by The Condominium Property Act, 1993, means the land included in a condominium plan together with the buildings and the common property and common facilities belonging to them.
Convenience Store - a store offering for sale primarily groceries, but may include a fast food outlet.
Council - the Council of the Town of Radville.
Day Care Centre - a licensed facility, which provides for the non-parental care of pre-school age children, and includes, but is not limited to:
(a) a child care centre or day care centre which is required to be licensed by the Province of Saskatchewan pursuant to The Child Care Act; or
(b) a nursery school for pre-school children.
Day Care Home - a private residence where care, protection and supervision are provided:
(a) on a regular basis of at least twice a week; and
(b) to not more than eight children including the children of the adult operator; and
(c) for more than two hours a day for any one child.
Dedicated Lands - lands dedicated in the name of the Town as buffer strips, environmental reserve, municipal reserve, public reserve, and walkways.
Density - is the number of dwelling units permitted on a lot expressed in units per hectare.
Detached - structurally detached from the principal residence and any other accessory building.
Development - the carrying out of any building, engineering, mining or other operations, in, on, or over land, or the making of any material change in the use or intensity of the use of a building or land.
Development Appeals Board - a body appointed by Council in compliance with the Act that is responsible for hearing appeals as authorized by the Act.
Development Officer - the person and/or their alternate appointed by Council to administer this bylaw.
Development Permit - a permit, issued by the Development Officer which authorizes development but does not include a building permit.
Discretionary Use - a use of land or buildings or form of development that is prescribed as a discretionary use in this Bylaw, and requires the approval of the Council, pursuant to Section 56 of the Act.
Dwelling Unit - one or more habitable rooms, excluding a manufactured home, constituting a self-contained unit and used or intended to be used together for living and sleeping purposes by one or more persons.
Dwelling, Group - A group of three or more dwelling units located on a lot where all buildings, recreation areas, parking, loading, street access, landscaping and all other features have been planned as an integrated development.
Dwelling, Manufactured Home (see Manufactured Home)
Dwelling, Modular - A factory-built home that is manufactured off-site as a complete, modular unit designed to be moved on a removable chassis, which is certified by the manufacturer that it complies with the Canadian Standards Association Code CSA-A277 standard for use as a one unit dwelling and which may be delivered to the designated lot in the Town and placed on the foundation, provided that a development permit has first been obtained.
Dwelling, Multiple Unit - A building or a portion thereof designed for or occupied as three or more dwelling units, but not including a motel, hotel or townhouse.
Dwelling, Ready-to-Move (RTM) - A ready-to-move one unit dwelling which is built to completion off-site using conventional lumber and building practices according to the current National Building Code of Canada, and which may be delivered to the designated lot in the Town and placed on the foundation ready for finishing, providing that a development permit has first been obtained.
Dwelling, Single Detached - A detached building consisting of one dwelling unit as herein defined, and occupied or intended to be occupied as a permanent home or residence
Dwelling, Townhouse - A dwelling, designed as one cohesive building in terms of architectural design, which contains three or more similar attached dwelling units each of which fronts on a street and has direct access to the outside at grade.
Dwelling, Two Unit - A building, comprising two dwelling units.
Existing Discretionary Use - A use of land, building or other structure that meets the definition of a Legal Non-conforming Use and which is specifically recognized by reference to the legal land description in a Zoning District in this Bylaw. No alterations or enlargement of the existing land use, building or development shall take place without a new Discretionary Use approval under conditions as may be specified by Council, or by the Development Officer, where authorized by Council.
Family Child Care Home - A childcare facility located in a building where the principal use is a dwelling unit, and which is licensed by the Province of Saskatchewan pursuant to The Child Care Act.
Fast Food Outlet - A building or portion of a building in which food is cooked or prepared and sold for off-site consumption.
Floor Area - The maximum habitable area contained within the outside walls of a building, excluding in the case of a dwelling, any private garage, porch, veranda, sunroom, unfinished attic or unfinished basement.
Garage, Private - A building or part of a building used or intended to be used for the storage of personal motor vehicles and having a capacity for not more than three motor vehicles for each dwelling unit to which the garage is accessory and may include a carport.
Garage, Public - A building or part of a building other than a private garage used for the storage, care, repair, servicing or equipping of motor vehicles or where such vehicles are kept for remuneration, hire, sale or display.
Gas Bar- A building or part of a building used for the retail sale of gasoline, lubricants, other motor vehicle products and may include the sale of fast foods, dry goods and groceries as an accessory use.
Grade, Finished - An average of the finished surface of the ground adjacent to the exterior walls of the building or structure.
Gross Floor Area - The total floor area in a principal building or structure measured between the exterior faces of the exterior walls of the building or structure at the level of each story below, at and above grade, excluding attics, balconies, boiler rooms, electrical or mechanical rooms, and basement areas used exclusively for parking or storage.
Group Care Facility - A supervised, single detached residential dwelling, licensed or approved under provincial statute, for the accommodation of persons, excluding staff, referred by hospitals, courts, government agencies or recognized social service agencies or health care professionals.
Home Occupation - an occupation, trade, profession or craft customarily conducted entirely within a residential building or conforming accessory building and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the residential use of the dwelling and does not change the character thereof.
Hotel - Buildings or structures or part thereof, used or advertised as a place where sleeping accommodations are provided.
Industry - A development that involves a chemical or physical process that turns raw products into finished or semi-finished items, warehouses and bulk storage, outdoor storage, truck parking and loading facilities on large lots.
Institution - A development operated for a non-profit or corporate group where the principal use or activity is the promotion of religious, cultural, educational, social, medical and humanitarian service (clubs, halls, religious institution) but not a public utility use.
Landscaping - The addition of lawns, trees, plants and other natural and man-made features that enhance or make a lot safe, functional, decorative, aesthetic or satisfying.
Lane - A secondary public thoroughfare intended primarily to give access to the rear or side of the abutting property.
Legal Non-conforming Use - Shall be defined as described in Section 2(hh) of the Act. The definition in the Act is as follows: "non-conforming use" means a lawful specific use:
being made of land or a building or intended to be made of land or of a building lawfully under construction, or with respect to which all required permits have been issued, at the date a zoning bylaw or any amendment to a zoning bylaw affecting the land or building becomes effective; and
that on the date a zoning bylaw or any amendment to a zoning bylaw affecting the land or building becomes effective does not, or in the case of a building under construction or with respect to which all required permits have been issued will not, comply with the zoning bylaw".
Licensed Dining Room or Restaurant - A dining room in a hotel or motel, or a restaurant for which a license is required or has been obtained from the Saskatchewan Liquor and Gaming Authority (SLGA), enabling it to sell beer, wine or spirits by the glass to persons of legal age or older when consuming a meal.
Licensed Facility - A facility licensed by the SLGA to sell alcoholic beverages for consumption on or off site.
Liquor Vendor - Premises operated by a person who is licensed by the SLGA to sell beer, wine or spirits for consumption off-sale.
Loading/Unloading Zone - An off-street space or facility including ramps or docks that may be attached to a building used for loading and unloading commercial and industrial vehicles.
Lot - An area of land with fixed boundaries, often referred to as a lot that is registered by a Certificate of Title by the Information Services Corporation.
Lot Line, Front - The boundary that divides the lot from the street, in the case of a corner lot, the front lot line shall mean the boundary separating the narrowest street frontage of the lot.
Lot Line, Rear - The boundary at the rear of the lot and opposite the front lot line.
Lot Line, Side - A lot boundary other than a front or rear lot line.
Manufactured Home - Deformation-resistant modular home:
(a) that is used as a dwelling for permanent or year round living;
(b) that has water faucets and a showerhead or bathtub to be connected to a water distribution system;
(c) that has a wash basin, washing and toilet facilities to be connected to a sewage system; and
(d) which is certified by the manufacturer that it complies with the Canadian Standards Association Code CSA-A277 series standards.
Manufactured Home Court - Any lot on which two or more occupied mobile homes are permitted to be located, but does not include an industrial or construction camp or tourist campsite.
Manufactured Home Lot - A parcel or piece of land for the placement of a mobile home and for exclusive use of its occupants located within a mobile home court or park.
Minister - The member of the Executive Council to whom, for the time being, is assigned the administration of The Planning and Development Act, 2007.
Motel - Buildings or structures or parts thereof, used or advertised as a place where sleeping accommodations are provided and may include accessory uses.
Municipality - An urban, rural, northern, or other municipal corporation.
Neighbourhood - as defined for the purpose of regulating Group Homes as outlined in Section 4.15, shall mean a single Block located in a Registered Plan in which a Group Home exists or is proposed, and shall also include the Block located on the same Street but directly across from the subject Block.
Non-Conforming Building - A building, which is described in Section 2(ff) of the Act.
Non-Conforming Site - A site, which is described in Section 2(gg) of the Act.
Non-Conforming Use - A use, which is described in Section 2(hh) of the Act.
Parking Lot - Open space other than a street for temporary vehicle parking and available for the
public, clients, employees or customers.
Parking Space - A space, located in a building or parking lot of no less than 2.7 meters (9') in width, for the storage of one vehicle.
Personal Care Home - A facility licensed under The Personal Care Homes Act that provides long term residential, social and personal care, including accommodation, meals, supervision or assistance for no more than ten persons who have limits on ability for self-care.
Personal Service Establishment - A development used for the provision of personal services to an individual which are related to the care and appearance of the body, or the cleaning and repair of personal effects including barbershops, hairdresser, beauty salons, tanning salons, tailors, dressmakers, shoe repair shops.
Private Club - A building or part of a building used exclusively by the members and guests of a Club for social, recreational or athletic activities.
Prohibited Uses and Developments - An existing use or development which is not specifically listed in this Bylaw as a permitted or discretionary use or development shall be considered as a prohibited use subject to Section 3.11.
Public Works - All municipal assets of the Town of Radville.
Repair Shop - An establishment engaged in the provision of maintenance or repair of goods or equipment but excluding the areas of automotive, building and specialized trade, construction, major appliances and farm machinery.
Restaurant - A building where food and non-alcoholic beverages are offered for public sale to be consumed at tables or counters either inside or outside of the building on the lot.
Retail Store - An establishment where goods, wares, merchandise, substances, articles or things are offered or kept for retail sale, including storage of limited quantities of such goods, wares, merchandise, substances, articles or things sufficient to service such store.
Rooming House - A building containing more than one sleeping units that are under one roof, sharing common walls and rented for temporary lodging.
Screening - The use of plantings, walls, fences and other structures to visually shield, block or obscure one development from another, or the public.
Setback - The distance between two points where certain types of structures or developments cannot occur.
Service Station - A building which may be either a principal use on a lot or which is an accessory use in a clearly defined space on a lot within which gasoline or other motor fuels are kept for sale and delivery directly into a motor vehicle and may include the sale of fast foods, dry goods and groceries as an accessory use. Where the service station is a principal use on the lot, it may also include the servicing and repairing of motor vehicles.
Sight Triangle - The area contained in the triangle formed by the corner property lines and a straight line drawn from a point 7.5 metres (25 ft.) from the corner property pin to a similar point 7.5 metres (25 ft.) along the perpendicular or intersecting property line.
Sign - Any device, letter, figure, symbol, emblem or picture, which is affixed to or represented directly or indirectly upon a building, structure or a piece of land and which 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 or thoroughfare.
Special Care Home - A facility licensed pursuant to The Housing and Special-Care Homes Act which provides full-time convalescent or chronic care to persons who, by reason of advanced age, chronic illness or infirmity are unable to care for themselves, including nursing homes.
Street - All or part of a culvert, drain, road allowance, public highway, road, lane, bridge, place, alley, square, thoroughfare or way owned by the Provincial Crown, administered by the Town and intended for or used by the general public for the passage for vehicles or pedestrians.
Structural Alteration - The construction or reconstruction of the supporting elements of a building.
Structure - Anything that is built, constructed or erected, located on the ground, or attached to something located on or in the ground but does not include sidewalks, pavement, curbs or open ground surface area.
Structure, Temporary - Anything that is built, constructed or erected, located on the ground or attached to something located on the ground but that may be relocated or moved and is not of a permanent nature.
Theatre - A building or structure for the performing arts or the showing of motion pictures.
Tower - A structure used for transmission or reception of radio, television, telecommunications or the transmission of mechanical or electrical energy for industrial, commercial, private or public use.
Trailer Coach - Any vehicle used or constructed in such a way as to enable it to be used as a conveyance upon public streets or highways and includes a self-propelled or non-self-propelled vehicle designed, constructed or reconstructed in such a manner as will permit the occupancy thereof as a dwelling or sleeping place for one or more persons notwithstanding that its running gear is removed or that it is jacked up.
Truck/Carwash - A building or part of a building for washing cars or trucks.
Vacation Trailer - A Trailer Coach which is 4.5 metres or less in length, excluding any towing apparatus at the front of the unit.
Vehicle - A device in, on or by which a person or thing is or may be transported or drawn on a street or highway and includes special mobile machines.
Warehousing - Establishments engaged in the indoor or outdoor storage of goods.
Yard - Any part of a lot unoccupied and unobstructed by any principal building or structure permitted in this bylaw.
Yard, Front - A yard extending across the full width of a lot between the front lot line and the nearest main wall of the principal building or structure on the lot.
Yard, Rear - A yard extending across the full width of the lot between the rear lot line and the nearest main wall of the principal building or structure on the lot.
Yard, Side - A yard extending from the front yard to the rear yard between the side lot line and nearest main wall of the principal building or structure on the lot.
Zone - A geographical area that has a defined purpose where specific permitted and discretionary uses are allowed.
3 ADMINISTRATIONtc \l1 "SECTION 3 - ADMINISTRATION
Duties of the Development Officer
The Development Officer or that person's alternate, both of which must be appointed by Council, and who are responsible for administration of this Bylaw.
Development Permit
tc \l2 "3.2 Development Permit
(1) Except as provided in Section 3.2 (2) no person shall undertake a development or commence a use unless a development permit has first been obtained. A development permit cannot be issued in contravention of any of the provisions of this bylaw.
(2) A development permit is not required for the following, but all other applicable provisions of this bylaw shall be followed in addition to obtaining a building permit where required:
the maintenance of a public utility by the municipality or private corporation;
the construction of a public utility by the municipality;
the installation of public utility on any street or other public right-of-way by the municipality;
maintenance and repairs that do not include structural alterations;
the installation of fences 1.8 meters (6') in height or under. In addition, fences cannot impede the sight triangles at intersecting streets.
accessory buildings or structures 9.3 sq. m (100 sq. ft.) or less in area and 2.4
meters (8 ft) or less in height.
the construction/installation of signs which are less than 0.4 sq. m (4 sq. ft.) or landscaping which does not affect drainage on any adjoining land.
(3) A building permit shall not be issued unless a development permit, where required, has also been issued.
(4) If the development or use authorized by a development permit is not commenced within twelve months from the date of its issue, and completed within twenty - four months of its issue, the permit is deemed void unless an extension to the period has first been granted. The total time allowed for any or all such extensions shall be no more than one additional year.
Application for a Development Permit
tc \l2 "3.3 Application for a Development Permit
(1) The application for a development permit shall be made to the Development Officer, in a form as approved by a resolution of Council. The application shall be accompanied by two copies of a lot or building plan showing dimensions and locations of existing and proposed buildings and structures as well as lot lines. Where no new construction is proposed the applicant shall supply a written description of the proposed development (e.g. change of use, excavation etc.) in place of such plans.
(2) Where the application is for a Discretionary Use the applicant shall also provide a written description of the proposed development, describing the intended use and operations, structures to be located on the lot, required municipal services, and any other information that Council determines is necessary to fully review the proposed development.
Review of Applications
tc \l2 "3.4 Review of Applications
(1) The Development Officer is responsible for reviewing all applications to ensure that the proposed development complies with all applicable regulations and provisions of this bylaw and the policies contained in the Official Community Plan.
(2) Where the application is for a discretionary use, the Development Officer shall submit the application,
along with all other relevant material to Council.
Decision
tc \l2 "3.5 Decision
(1) The decision on all applications shall be made in writing to the applicant, in a form as approved by a resolution of Council.
(2) Where the application is for a Permitted Use the Development Officer shall, upon completion of the review:
issue a development permit where the application conforms to all provisions of this bylaw; or
issue the development permit specifying any special regulations or standards to which the development or use must comply, where the class of development or use is subject to special regulations, performance standards or development standards that are specified in this bylaw; or
refuse the application where the provisions of this bylaw are not met, indicating to the applicant the reason for the refusal.
(3) Where the application is for a Discretionary Use the Council shall pass a resolution instructing the Development Officer to either:
issue a development permit incorporating any special development standards or conditions prescribed by Council in accordance with the provisions of this bylaw; or
refuse the application, indicating the reasons for the refusal.
Revocation of Decision
tc \l2 "3.6 Revocation of Decision
Where an approved development is not being developed in accordance with the provisions of this bylaw, or with the standards and conditions specified in the development permit, Council or the Development Officer may revoke or suspend the development permit and may also use the provisions of Section 242 of the Act regarding the improper development. The development permit shall not be reissued or reinstated until all deficiencies have been corrected.
Development Appeals
tc \l2 "3.7 Development Appeals
(1) A Development Appeals Board of the Town of Radville shall be appointed in accordance with Part XI, Division 1 of The Planning and Development Act, 2007.
(2) Where an application for a Permitted Use has been refused, the applicant shall be advised of the right of appeal to the Development Appeals Board of the Town of Radville.
(3) Where an application for a Discretionary Use has been approved by Council, with Prescribed Development Standards pursuant to this bylaw, the applicant shall be advised that any development standards considered excessive, may be appealed to the Development Appeals Board of the Town.
(4) An application for a development permit for a Permitted Use which contains all the information required by the Development Officer under this Bylaw shall be deemed to be refused when a decision thereon is not made within 40 days after the receipt of the application in its complete and final form by the Development Officer, and an appeal may be made as provided in Section 3.7(2) of this Bylaw and Section 220 of the Act, as though the application had been refused at the end of the period specified in this subsection.
(5) Subject to Section 220 (1) d of the Act, a fee as approved by the Board shall be paid where an appeal is made to the Development Appeals Board.
Advertising a Discretionary Use
tc \l2 "3.8 Advertising of A Discretionary Use
Prior to making a decision on a discretionary use application, Council shall provide notice to the public in the following manner:
(1) In the case of a discretionary use application in any Zoning District, by providing written notice to assessed owners of property within 75 metres of the boundary with the applicant's land that is the subject of the application; and
(2) By providing a wider circulation of the notice either by placing the notice in one issue of a newspaper published or circulated in the Town or by posting a sign on the Lot, in a form and manner which has been previously approved by the Development Officer.
Application Fees
tc \l2 "3.9 Application Fees
The following fees shall apply for processing applications:
(1) Amendment of the Official Community Plan or Zoning Bylaw - Where a person requests Council to amend either or both the Official Community Plan or the Zoning Bylaw, that person shall pay to the municipality a fee equal to the costs associated with the public advertisement of the proposed amendment, administering the approval process, and regulating the development.
(2) Discretionary Uses - As a condition of issuing a Permit for an approved Discretionary Use, the applicant shall pay to the municipality a fee equal to the costs associated with providing notice to the public, administering the approval process, and regulating the development.
(3) Development Permits - An applicant for the types of development permits listed below shall pay an application fee as approved by a separate Bylaw of Council in accordance with the following:
Permitted principal use
Permitted accessory use
Discretionary principal use
Discretionary accessory use
The application fees for a development permit shall be in addition to any fees for providing notice to the public as required in clauses (1) and (2).
Prohibited Uses and Developments
Land uses or Developments which existed prior to the approval of this Bylaw, but are not listed as
Permitted or Discretionary Uses under this Bylaw, shall be considered Prohibited Uses. Such uses shall be
allowed to continue as "legal non-conforming" only in accordance with Sections 88 to 93 inclusive of the
Act. Certain other proposed uses or developments may also be listed as Prohibited Uses in any or all
Zoning Districts.
Minor Variances
As required by Section 49(h) of the Act, and Section 1.10 of the OCP, Council hereby establishes the following procedure for the administration of Applications for Minor Variances which may be received pursuant to this Bylaw:
(1) The Development Officer (or a person authorised by Council to act in that person's absence) shall be responsible for accepting and processing all such completed Applications and rendering a Decision on them in accordance with the Section 60 of the Act;
(2) All such Applications must be eligible for consideration as clearly outlined in Section 60 (1) of the Act;
(3) The Application Form for a Minor Variance shall be approved by Resolution of Council;
(4) When an Appeal of a decision regarding an Application for a Minor Variance by the Development Officer has been received within the time limits established by Section 60 of the Act, no Permit may be issued in respect to the Variance until the procedures of the Act have been completed and the Development Appeals Board or the Saskatchewan Appeals Board (as the case may be) has made a final decision on the Application; and
(5) Acquired by Section 49 (h) of the Act, the Development Officer shall maintain a Record of Minor Variance Applications on a Form which shall be approved by Resolution of Council
Offences and Penalties
Any person who violates this bylaw is guilty of an offence and liable, on summary conviction, to the penalties set forth in the Act.
4 GENERAL REGULATIONS FOR ALL ZONING DISTRICTStc \l2 "4.1 All Zoning Districts
The following regulations shall apply to all Zoning Districts in this bylaw:
4.1 Licenses, Permits, and Compliance with Other Bylaws
(1) Nothing in this bylaw shall exempt any person from complying with the requirements of a building bylaw or any other bylaw in force within the Town or from obtaining any license, permission, permit, authority or approval required by this or any other bylaw of the Town. Where provisions in this bylaw conflict with those of any other municipal or provincial requirements, the higher or more stringent regulations shall prevail.
(2) Permit Forms shall be as approved by a resolution of Council.
4.2 Existing Buildings
Where a Principal or Accessory building has been erected on or before the effective date of this bylaw on a lot having less than the minimum frontage or area, or having less than the minimum set-back or side yard or rear yard required by this bylaw, the building may be enlarged, reconstructed, repaired or renovated provided that:
(1) The enlargement, reconstruction, repair or renovation does not further reduce the front yard or side yard or rear yard that does not conform to this bylaw, and does not contravene Sections 90 or 91 of the Act;
(2) All other applicable provisions, (including conformity to the uses allowed in the applicable Zoning District) are satisfied; and
(3) Such changes must be approved by the issuance of a Development Permit by the Development Office.
4.3 Building Lines
Where a front building line in any district has been established by existing buildings in a block, and is less than the specified front yard requirement, new construction may conform to the established building line provided that Council, by resolution or bylaw, permits conformation to the established building line.
4.4 Frontage for Irregular Lots
(1) The minimum lot frontage on lots having a curved front lot line shall be measured by a line equal to the minimum lot frontage in that particular Zoning District but located back from and parallel to the midpoint of the chord of the front lot line. For the purpose of this paragraph, the chord of the front line is a straight line joining the two points where the side lot lines intersect the front lot line.
NOTE - diagram as attached
(2) Non-rectangular lots in new subdivisions are permitted at Council's discretion.
(3) Distances between lot lines measured at the minimum front yard setback for irregular lots in the applicable District shall not be less than the minimum frontage for rectangular lots in that District.
4.5 Number of Principal Buildings on a Lot
No more than one principal building shall be placed on a lot. Exceptions to this requirement are schools, hospitals, curling and skating rinks, recreation centres, nursing and senior citizen homes, and multiple unit dwellings.
4.6 Building to be Moved
No building, residential or otherwise, shall be moved within or into the Town without a Development Permit for this change of use being obtained from the Development Officer.
4.7 Grading and Levelling of a Lot
Any lot proposed for development shall be graded and levelled at the owner's expense to provide for adequate surface drainage, which does not adversely affect adjacent property.
4.8 Engineering Analysis Required
If a proposed development is to be located on one or more lots that may be subject to flooding, earth movement or instability, or is otherwise unsuitable for development or hazardous for the proposed use, Council may require that, as a condition of the issuance of the development permit, a geotechnical, drainage or other environmental report be completed and approved by a Registered Engineer in the Province of Saskatchewan. The report must outline the suitability of the lot or lots for development and any remedial measures that may be required to ensure that the natural resource base is not irreparably altered. Remedial measures may be specified as conditions to the issuance of a Development Permit.
4.9 Exceptions to Building Height and Yard Setbacks
(1) The height limitations of this Bylaw shall not apply to the following:
(a) Scenery lofts not exceeding 3m in height in theatres;
(b) Chimneys;
(c) Church spires, belfries and cupolas;
(d) Monuments;
(e) Mechanical penthouses and necessary mechanical appurtenances, provided they are erected only to such heights as is necessary, and provided they do not cover more than 10% of the gross roof area upon which they are located.
(2) In Districts where the limitation on the height of buildings is less than 23m, allowable public buildings,
hospitals and schools may be erected to a height not exceeding 23m. If such public buildings etc. are to be
located in a residential district, a greater side yard must be provided so that each required side yard which
directly adjoins a dwelling without an intervening street or lane shall be 6 m wide plus one additional
meter for each meter by which the proposed building exceeds the height limit of the district.
4.10 Projections in Yards, Building Heighttc \l2 "4.2 Residential Districts and Size
A. Residential Districts
The following projections in yards shall be permitted.
(1) Front Yards - The following features may project into a required front yard:
cantilevered construction for bay windows, bow windows, chimney chases, bookcases, built in cabinets, gutters, windowsills, canopies, eaves, fire escapes to a maximum projection of 0.6 metres (2 ft.);
unenclosed decks no higher than 0.6 metres (2 ft.) above the finished grade, cantilevered balconies, porches and steps to a maximum projection of 2.4 m (8 ft).
(2) Rear Yards - The following features may project into a required rear yard:
cantilevered construction for bay windows, bow windows, chimney chases, bookcases, built in cabinets, gutters, windowsills, canopies, eaves, and fire escapes to a maximum projection of 0.6 metres (2 ft.);
unenclosed decks no higher than 0.6 metres (2 ft.) above the finished grade, cantilevered balconies, porches, and steps to a maximum projection of 2.4 m (8 feet).
(3) Side Yards - The following features may project into a required side yard:
bay windows, window boxes and sills, belt courses, cornices, eaves, and gutters to a maximum projection of 0.6 metres (2 ft.);
cantilevered construction of fire escapes, chimney chases, bow windows, bookcases, built in cabinets, balconies, and canopies to a maximum projection of 0.6 metres (2 ft.) provided that the total area of all cantilevered features shall not exceed 2.5 square metres (26.9 sq. ft.) per floor level; and
shall not be closer than 0.3 m (1 ft) to the property line in (a) and (b)
unenclosed decks no higher than 0.6 metres (2 ft.) above the finished grade may project to the side property line, but not encroach onto neighbouring property.
no projections shall be permitted within a side yard required for vehicular access or parking where any portion of the said projection would be at an elevation lower than 2.4 metres (8ft.) above the finished grade elevation measured at the corresponding sidewall of the building.
for two unit dwellings, townhouses or multiple unit dwellings, no side yard shall be required on the common wall side of any dwelling unit.
Driveways are permitted on the flankage side of corner lots. Garages so accessed must be placed 5.5 m (18 ft) back of the side yard.
a satellite dish, radio tower or television antenna where attached to a principal dwelling having a maximum horizontal projection of .6 metres (2 feet).
the construction/installation of signs, landscaping or drainage, except if such alterations would contravene Section 4.10 (C)(3).
(4) Maximum Dwelling Height
Apartments - unless otherwise specified in a zoning district or as allowed under Section 4.9 of this Bylaw, such dwellings shall not exceed 10 meters (32.8') in height.
Condominiums - unless otherwise specified in a zoning district or as allowed under Section 4.9 of this Bylaw, such dwellings shall not exceed 10 meters (32.8') in height.
tc \l2 "4.3 Commercial and Industrial Districts
B. Commercial/Industrial District
tc \l2 "4.3 Commercial and Industrial Districts
Projections in yards and building heighttc \l2 "4.2 Residential Districts in a Commercial or a Commercial/Industrial District, where minimum front or rear yards are required, such minimum requirement shall not apply to prevent the construction or location of chimney chases, fire escapes, steps, eaves and gutters of 0.6 metres (2 ft.) or less. The maximum building height may be specified in a Commercial/Industrial District as required.
C. Other Types of Projections in Yards - Residential, Commercial, Commercial/Industrial and Community Service Districtstc \l2 "4.2 Residential Districts
(1) Wheel Chair Ramps - A wheelchair ramp may encroach into any required yard.
(2) Accessory Uses, Buildings, and Structures
a) In all Districts the following regulations shall apply to uses, buildings and structures including private garages, which are accessory and detached from the principal dwelling:
Side yard, minimum - 0.6 metres (2 ft.) and no structure shall have a projection greater than 0.30 metres (1 ft.) beyond the main wall, except where in the case of a corner lot and where access to the structure is obtained from the flankage street, all accessory uses, buildings, structures shall maintain a minimum side yard of 5.5 m (18 ft) from the side lot line on the flankage street.
Rear yard, minimum - 1.2 metres (4 ft.)
Front yard, minimum - no accessory buildings permitted.
Height, maximum - 5 metres (16 ft)
Private garages, carports, and accessory buildings which, in the opinion of the Development Officer, are attached to a principal building by a substantial roof structure shall be considered as part of the principal building and subject to the regulations of the principal building.
The following structures are allowed in a required yard and are not subject to setback regulations, except where a sight triangle is required:
i) In all yards, sidewalks, uncovered driveways, lighting fixtures, and lamp posts.
ii) In rear yards; in addition to the structures listed in clause (a) above, recreation equipment, laundry drying equipment, and garbage stands.
(3) Fences and Hedges
Fences may be constructed or hedges and shrubs grown, along a lot line only in conformance with the following regulations:
a) Except where required for screening, no hedge or shrub (excluding trees) located along any side or rear lot line, shall exceed 3 m (10 ft) in height. No wall or fence located along any side or rear lot line, shall exceed 1.8 m (6 ft) in height
b) In the case of corner lots, no wall, fence, hedge, shrub, or tree shall be placed so as to create a visual obstruction in a sight triangle.
c) No wall, fence, hedge or shrub (excluding trees) located along a lot line in any required front yard, shall exceed 1 m (3.3 ft.) in height.
(4) Storage
a) No side or front yards shall be used for the storage or collection of goods, commodities or other form of material.
b) No quantity of volatile or hazardous material shall be stored in an accessory building other than the amount permitted by the provincial fire or other regulations governing hazardous materials.
4.11 Consideration of Rezoning and Discretionary Use Applications
tc \l2 "5.1 Discretionary UsesIn considering the possible approval of a request for Rezoning or Discretionary Use, Council shall consider the following items and may prescribe specific development standards based on those items and any other consideration to minimize land use conflict related to:
(1) The impact on the Town's services and the neighbourhood surrounding the proposed lot;
(2) The nature, size, shape, elevation and surface drainage of the lot;
(3) The size, shape and arrangement of buildings;
(4) Access and traffic patterns for persons and vehicles;
(5) Type and volume of vehicle traffic;
(6) Off-street parking and loading;
(7) Safeguards to prevent noise, glare, dust and odour;
(8) Landscaping;
(9) Screening and fencing; and
(10) Lighting and signs.
4.12 Bed and Breakfast Homestc \l2 "5.2 Bed and Breakfast Lodging
Bed and Breakfast Homes, where allowed in a specific district, shall be subject to the following development standards:
(1) Bed and Breakfast Homes shall be located in a single detached dwelling used as the operator's principal residence.
(2) Bed and Breakfast Homes shall be licensed by the Department of Health (if required) and meet the requirements of the Fire Commissioner (if any).
(3) A maximum of two guest bedrooms shall be permitted in a dwelling operating as Bed and Breakfast Homes.
(4) Two (2) off-street parking spaces shall be provided on site.
(5) One non-illuminated window or wall sign having a maximum facial area of 0.2 square metres (2 sq. ft.) advertising the Bed and Breakfast Home is permitted.
4.13 Home Based Businesses
Home based businesses where allowed in a specific district, shall be subject to the following development standards:
(1) Home based businesses shall be located in or carried within the dwelling unit or accessory building on the same lot.
(2) Home based businesses shall be clearly secondary to the Residential use and shall occupy no more than 25% of the lot.
(3) The peace, quiet and dignity of the residential neighbourhoodtc \l2 "5.2 Bed and Breakfast Lodging shall not be distorted by dust, noise, by the home based business or accessory equipment.
(4) Other than one permitted business sign, there shall be no exterior display, storage of material or
distraction from the residential character of the neighbourhood.
(5) Property owners within an area to be determined by Council shall be advised that an application has been made for a discretionary use. Council may refer the application to any agency it deems appropriate.
(6) The number of persons involved in the Home Based Business is limited to the occupant and one other family member.
(7) Cannabis operations are prohibited in residential zones and therefore are not eligible as a Home Based Business.
4.14 Service Stations and Gas Bars
Service stations and gas bars, where allowed in a specific zoning district, shall be subject to the following development standards:
(1) Fuel pumps and other accessory equipment shall be located at least 6 metres (20 ft.) from any street or lot line.
(2) All automobile parts, dismantled vehicles and similar articles shall be stored within a building or screened to the satisfaction of Council.
(3) All business shall be conducted and all goods stored in an enclosed building except as required in the servicing of motor vehicles.
(4) The arrangement of the proposed structure on the lot shall be designed to reduce conflict with adjoining uses.
(5) The access to the lot shall be designed to reduce conflict with other vehicular and pedestrian traffic.
(6) Any specific development standards imposed related to landscaping, screening, open spaces, parking and standing areas for vehicles shall be designed to reduce conflict with adjoining land uses and to ensure adequate areas for vehicles on the property.
(7) The storage of fuel shall meet all provincial regulations.
4.15 Group Care Facilities
Single detached residential dwellings used as Group Care Facilities must be similar in appearance, size, intensity and scale to other dwellings in the immediate area.
Classification of Group Care Facilities. For the purpose of this Bylaw the following are considered Group Care Facilities:
(1) Supportive Living / Personal Care Homes: are a discretionary use in R 1, R 2, and RMH zones in
accordance with the General Regulations.
(2) Special Care Homes: are a discretionary use in R 1, R 2 and RMH zones in accordance
with the General Regulations.
(3) Family Child Care Homes: are a discretionary use in R 1, R 2, and RMH zones in accordance with
the General Regulations.
A maximum of one Group Care Facility shall be allowed in a neighbourhood (as defined in this Bylaw).
Applications for a Group Care Facility shall be made to the Development Officer.
4.16 Parking and Loading Regulations
Parking Standards
Number of Spaces Required
When any new development is commenced or when any existing development is enlarged, or use
changed, provision shall be made for off-street vehicular parking spaces in accordance with the following
standards:
Building or Site Use Minimum Parking Spaces Required
(1) Dwellings, Manufactured Homes 1 space per dwelling unit
(2) Schools 1 space per classroom
(3) Churches 1 space per 15 seating places plus 1
space per 20 square meters of the assembly room floor area of the largest assembly of the assembly room within the building.
(4) Community Halls and Facilities, 1 space per 10 seating places for the
Places of Public Assembly, public or 1 space per 10 square
Intensive Recreation Uses, meters of gross floor area
Auctioneering Establishments used by patrons, whichever is greater
(5) Curling Rinks 8 spaces per sheet of ice
(6) Confectionary and Retail stores; 1 space per 20 square meters of gross
banks; personal service establishments; floor area
sales, service, rentals or repair shops;
home improvement centres
Building or Site Use Minimum Parking Spaces Required
(7) Motels and Hotels 1 space per guest room
(8) Restaurants 1 space per 5 seats
Service Stations 4 spaces per service bay
(10) Animal Shelters
Service Stations or Veterinary Clinics 1 space per 100 square meters of gross floor area
All manufacturing, fabricating, 1 space per 3 employees on warehousing uses; storage buildings maximum work shift but
and yards; handling, loading, distribution not less than 1 space per 150 square
and/or shipping facilities; builders or meters of gross floor area
contractors yards and shops; and
other similar industrial or
industry-related uses.
(12) Medical or Dental Offices or Clinics 1 space per 35 square metre of gross floor area
4.17 Tower Provisionstc \l1 "SECTION 5 - SPECIAL PROVISIONS
General standards for towers (including wind turbines) as a Discretionary Use:
(1) Towers shall be located a minimum of 7.5 meters (25 ft) from the side yard lot line in the rear yard.
(2) Towers without an anti-locking climbing device shall be enclosed with a 3.0 meter (10') fence.
(3) No more than two antenna wires, whose height shall conform to the maximum stated for the zone,
shall be permitted.
(4) Towers and similar structures shall not obstruct air navigation or communication. Council should
consult the Canada Department of Communications, Transport Canada, the Saskatchewan Power
Corporation or other agencies prior to installation approval.
(5) Property owners within an area to be determined by Council shall be notified of the applicant's intent
to construct a tower.
(6) Certification of structural safety by a certified Saskatchewan Professional Engineer, proof of liability
insurance and proof of an approved electrical permit shall accompany applications to erect a tower.
(7) Permissible tower height and additions:
Zoning District Maximum Allowable Height
All Residential Districts 6 metres
C1 6 metres
C/LI, CS, I, UH 25 meters (except directly adjoining any Residential
District, where the maximum height is 6 metres)
UH, CS 25 meters
5 SIGNAGE REGULATIONStc \l1 "SECTION 5 - SPECIAL PROVISIONS
(1) No commercial or industrial sign shall exceed the rooftop of the adjacent buildings if the property is
adjacent to a residential zoning district.
(2) Signs advertising the principal use or products for sale on the premises are permitted.
(3) In the Commercial/Industrial District:
Two permanent signs are permitted for each principal use on the premises.
The sign, which may be double faced, shall not exceed 3.5 sq. meters (36 sq. ft).
Maximum height of any sign shall be 6 meters above the finished grade.
(4) In Residential Districts
One permanent sign permitted on the premises with the residents name and address.
The facial area of a sign shall not exceed 0.4 sq. meters (4 sq. ft.)
Illuminated signs are prohibited in residential districts.
(5) Signs must be located so that they do not obstruct required sight lines at intersections.
(6) Temporary signs not exceeding 1.0 sq. meters (10 sq ft) advertising the sale or lease of the property or
information about a temporary condition affecting the property are permitted.
(7) No Provincial or Federal sign is permitted on Town property.
(8) Erection of signage on Town property must receive the approval of the Development Officer
6 ZONING DISTRICTS AND ZONING MAP
tc \l1 "SECTION 7 - ZONING DISTRICTS AND ZONING MAP
Classification of Zoning Districtstc \l2 "7.1 Classification of Zoning Districts
For the purpose of this bylaw, the Town of Radville is divided into the following Zoning Districts, the boundaries of which are shown on the "Zoning District Map." Such districts may be referred to by the appropriate symbol.
DISTRICTS SYMBOLS
Residential, Low Density R1
Residential, Low Density (Restricted) R1A
Residential, Medium Density R2
Commercial, Core C1
Commercial, Industrial, Light C/L I
Community Service/Institutional CS
Urban Holding UH
Holding (overlay for future development) (h)
Environmentally Sensitive Overlay (es)
Industrial I
The Zoning District Maptc \l2 "7.2 The Zoning District Map
The map, bearing the statement "This is the Zoning District Map referred to in Bylaw No. 2011-08 adopted by the Town of Radville signed by the Mayor and the 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.
Zoning District Schedulestc \l2 "7.4 Zoning District Schedules
The uses or forms of development allowed within a Zoning District, along with regulations which apply are contained in the Zoning District Schedules in this Section.
6.1 tc \l1 "SECTION 8 - ZONING DISTRICT SCHEDULESR1 - Residential Low Density Districttc \l2 "8.1 R1 - Residential District
Purpose - To provide for low-density residential development and related uses.
Permitted Uses - The following are permitted uses in the R1 - Residential District:
1) Single detached dwellings
2) Modular dwellings
3) Parks and playgrounds
4) Public works (excluding offices, warehouses and storage yards)
5) Accessory buildings - not exceeding a total max. floor area of 102 sq.m. (1100 sq. ft.)
6) Accessory uses
Discretionary Uses - The following are discretionary uses in the R1 District and may be permitted in specific locations and subject to the regulations specified:
1) Home Occupations
2) Bed and Breakfast Homes
3) Churches
4) Convenience stores
5) Two unit dwellings
6) Group Care Facilities (See Section 4.15)
7) Schools
8) Theatres
9) Day Care Centres
10) Day Care Homes
11) Family Child Care Homes
12) Manufactured Homes
12) Accessory buildings - exceeding a total maximum floor area of 102 sq.m. (1100 sq. ft.)
13) Vacation Trailers used as a seasonal dwelling unit only where accessory to a single detached dwelling - see special Development Standards below
14) Existing Commercial Business on Lot 2, Block 6, Plan No. 64R43740
15) Existing Commercial Business on Lot 3, Block 6, Plan No. DA5751
16) Existing Commercial Business on Lots 4 and 5, Block 6, Plan No. DA5751
17) Existing Community Hall on Lot 20, Block 11, Plan AX1974
Prohibited Uses - The following are prohibited uses in the R1 District:
Cannabis Retail Store
Regulations
General
All the regulations and conditions in General Regulations, shall apply in this Zoning District.
Minimum Lot Requirements
Area 450 sq. m (4840sq. ft.)
Frontage 15 m (50 ft.)
Front yard setback 6 m (20 ft.)
Rear yard setback 6 m (20 ft.)
Side yards 1.2 m (4 ft.)
Lot coverage shall not exceed 75%
No Minimum Required For Public Works, Parks or Playgrounds.
Development Standards
- Residential lots shall have a minimum of 25% open space (including the total area of the Dwelling and all Accessory Buildings).
- The total area occupied by all Accessory Buildings on a Lot shall not exceed the area of the Dwelling on that Lot, or 112 sq.m. (1000 sq. ft.), whichever is greater.
- Maximum Height - 9 m
- Any Vacation Trailer used as a seasonal dwelling unit must be connected to the same waste disposal system and water supply as the principal dwelling on the Lot and may only be used as a seasonal dwelling from April 1st to September 30th of any year.
6.2 tc \l1 "SECTION 8 - ZONING DISTRICT SCHEDULESR1A - Residential Low Density (Restricted) Districttc \l2 "8.1 R1 - Residential District
Purpose - To provide for low-density residential development and related uses.
Permitted Uses - The following are permitted uses in the R1 - Residential District:
1) Single detached dwellings
2) Modular dwellings
3) Parks and playgrounds
4) Public works (excluding offices, warehouses and storage yards)
5) Accessory buildings - not exceeding a total max. floor area of 102 sq.m. (1100 sq. ft.)
6) Accessory uses
Discretionary Uses - The following are discretionary uses in the R1 District and may be permitted in specific locations and subject to the regulations specified:
1) Home Occupations
2) Bed and Breakfast Homes
3) Churches
4) Convenience stores
5) Two unit dwellings
6) Group Care Facilities (See Section 4.15)
7) Schools
8) Theatres
9) Day Care Centres
10) Day Care Homes
11) Family Child Care Homes
12) Accessory buildings - exceeding a total maximum floor area of 102 sq.m. (1100 sq. ft.)
13) Vacation Trailers used as a seasonal dwelling unit only where accessory to a single detached dwelling - see special Development Standards below
Prohibited Uses - The following are prohibited uses in the R1 District:
Any Manufactured Homes
Cannabis Retail Store
Regulations
General
All the regulations and conditions in General Regulations, shall apply in this Zoning District.
Minimum Lot Requirements
Area 450 sq. m (4840sq. ft.)
Frontage 15 m (50 ft.)
Front yard setback 6 m (20 ft.)
Rear yard setback 6 m (20 ft.)
Side yards 1.2 m (4 ft.)
Lot coverage shall not exceed 75%
No Minimum Required For Public Works, Parks or Playgrounds.
Development Standards
- Residential lots shall have a minimum of 25% open space (including the total area of the Dwelling and all Accessory Buildings).
- The total area occupied by all Accessory Buildings on a Lot shall not exceed the area of the Dwelling on that Lot, or 112 sq.m. (1000 sq. ft.), whichever is greater.
- Maximum Height - 9 m
- Any Vacation Trailer used as a seasonal dwelling unit must be connected to the same waste disposal system and water supply as the principal dwelling on the Lot and may only be used as a seasonal dwelling from April 1st to September 30th of any year.
6.3 R2 - Residential Medium Density Districttc \l2 "8.1 R1 - Residential District
Purpose - To provide for medium density residential development
Permitted Uses - The following are permitted uses in the R2 Residential District:
Two Unit dwellings
Townhouse dwellings
Modular dwellings (with the same Regulations as the R1 District)
Multiple Unit dwellings
Group dwellings
Parks and Playgrounds
Public works (excluding office buildings, warehouses, storage yards)
7) Schools
8) Churches
9) Accessory buildings (not exceeding a total max. floor area of 149 sq m (1600 sq.ft.)
10) Accessory uses
Discretionary Uses - The following are discretionary uses in the R2 Residential District:
Single detached dwellings (with the same Regulations as the R1 District)
Recreation Facilities
3) Group Care Facilities (with the same Regulations as the R1 District)
4) Day Care Centres (with the same Regulations as the R1 District)
5) Day Care Homes
6) Home Based Business
7) Convenience Stores (with the same Regulations as the R1 District)
Family Child Care Homes (with the same Regulations as the R1 District)
Existing business located on Lot 9, Block 5, Plan AT1370
Prohibited Uses - The following are prohibited uses in the R2 District:
Vacation Trailers used as a dwelling unit
Mobile Homes
Cannabis Retail Store
Regulations
General
All the regulations and conditions in General Regulations, shall apply in this Zoning District.
Minimum Lot Requirements
Two Unit/Townhouse Group/Multiple Unit
Area 300 sq. m (unit) 3,230 sq. ft. 200 sq. m (unit) 2,150 sq. ft.
Frontage 20 m (65 ft.) 30 m (100 ft.)
Front Yard 6 m (20 ft.) 9 m (30 ft.)
Rear Yard 9 m (30 ft.) 10 m (35 ft.)
Side Yard 1.5 m (5 ft.) 3 m (10 ft.)
Min. Floor Area 80 sq. m (unit) (860 sq. ft.) 80 sq. m (unit)(860 sq. ft.)
Building Height (Max.) 12 m (40') 15 m (50 ft.)
Max. Lot Coverage 75% 70%
No Minimum Required For Public Works, Parks or Playgrounds.
6.4 C1 Core Commercialtc \l2 "8.1 R1 - Residential District
Purpose - To provide for commercial development areas to serve the shopping and personal needs of the residents
Permitted Uses - Subject to the provisions of this Bylaw the following are permitted uses in the C 1 District:
Accessory buildings (max. floor area of all accessory buildings is included in the Regulation for the maximum lot coverage - see subsection C below)
Accessory uses
Bakeries
Banks and Credit Unions
Convenience Stores
Hotels or Motels
Personal Service Establishments (Barber and Beauty Shops)
Medical and Dental Offices and Clinics
Offices
Public Works (excluding warehouses, storage yards)
Retail Stores
12) Restaurants
Theatres
Cannabis Retail Store
Discretionary Uses - The following uses may be permitted in the C1 District in specific locations and subject to regulations specified:
Churches
Fast Food Outlets
Parking Lots
Veterinary Hospitals and Clinics
Existing single detached dwelling on Lot 20, Block 2, Plan AO2251
Existing single detached dwelling on Lot 17, Block 4, Plan AO2251
Existing single detached dwelling on Lot 16, Block 1, Plan AO2251
Existing single detached dwelling on Lot 11, Block 1, Plan AO2251
Regulations
General
All the appropriate regulations and conditions in General Regulations, shall apply in this Zoning
District.
Minimum Lot Requirements
Area 558m (6000 sq ft)
Frontage 15m (50 ft.)
Front yard setback None
Rear yard setback 6m (20 ft.)
Side yard setback None, where adjoining a Commercial use
Side yard setback where adjoining a Residential use, without an intervening
Street or Lane 1.5m (5 ft.)
Building height maximum 4.5m (15 ft.)
C. Lot coverage (Principal and Accessory Buildings and Uses) shall not exceed 90%
Automobile parts, dismantled or inoperative vehicles and similar articles shall be stored within a building
or screened by a 3m (10 ft.) fence.
Commercial properties shall be provided with rear access by means of a lane that will act as a buffer
between the commercial and residential properties.
Cannabis Retail Stores shall comply with all Federal and Provincial Acts and Regulations as well as all
municipal bylaws and regulations.
No person shall develop a Cannabis Retail Store within a 200m radius of the following:
Any elementary school or high school;
Any nursery school or commercial day care centre;
6.5 C/LI - Commercial/Light Industrial Districttc \l2 "8.1 R1 - Residential District
Purpose - To provide for environmentally sensitive industrial and transportation or farm implement sales and services development within appropriate areas in Town
Permitted Uses - Subject to the provisions of this Bylaw the following are permitted uses in this District:
Cabinet and furniture making
Accessory buildings
Accessory uses
Farm machinery, motor vehicle, equipment, trailer and recreation vehicle
sales and service
Lumber and building supply establishments
Public works (excluding office buildings)
Shops: plumbers, metalworkers, woodworkers, electricians
and similar industrial trades
Machine and welding shops
Cannabis Retail Store
Discretionary Uses - The following uses may be permitted in specific locations and subject to regulations specified:
1) Concrete plants
2) Retail sales outlets
3) Wholesale Establishments
4) Restaurants, Fast Food Outlets
5) Manufacturing plants excluding chemicals, pesticides, fertilizers or other toxic materials
6) Truck and Freight terminals
7) Grain elevators
8) Cold storage and locker plants (including abattoirs)
9) Auto Body Shops
10) Car/truck washes
11) Gas Bars, Service Stations
12) Storage and warehousing excluding chemicals, pesticides, fertilizers or other toxic materials.
13) Public Works, including warehouses and storage yards
14) Existing single detached dwelling on Lot 6, Block 7, Plan FR1021
15) Existing single detached dwelling on Lot 9, Block 7, Plan FR1021
Existing single detached dwelling on Block 1, Plan FR1021
Existing single detached dwelling on Block 3, Plan EM6240
Existing single detached dwelling on Block 4, Plan EM6240
Existing single detached dwelling on Lot 3, Block 8, Plan FR1021
20) Existing single detached dwelling on Lot 4, Block 8, Plan FR1021
21) Existing single detached dwelling on Lot Part 7, Block 8, Plan FR1021
22) Existing single detached dwelling on Lot 8, Block 8, Plan FR1021
Existing single detached dwelling on Lot 1, Block 1, Plan DA5751
Existing single detached dwelling on Lots 2 and 3, Block 1, Plan DA5751
Existing single detached dwelling on Lots 10 to13, Block 1, Plan DA5751
Existing single detached dwelling on Lot 18, Block 1, Plan DA5751
Existing single detached dwelling on Lots 6 and 7, Block 1, Plan DA5751
Existing single detached dwelling on Lot 4, Block 2, Plan DA5751
Existing single detached dwelling on Lot 6, Block 2, Plan 64R43740
Existing single detached dwelling on Lots 7 to 11, Block 2, Plan 64R43740
Existing single detached dwelling on Lots 14 to 19, Block 3, Plan DA5751
Existing single detached dwelling on Lot 1, Block 4, Plan DA 5751
Existing single detached dwelling on Lots 4 and 5, Block 4, Plan No. DA5751
Existing singe detached dwelling on Lots 10 to 15, Block 4, Plan No. DA5751
Existing single detached dwelling on Lots ½ 1 and ½ 2, Block 11, Plan AX1974
Existing single detached dwelling on Lots 8 to 10, Block 11, Plan AX1974
Regulations
General
All the appropriate regulations and conditions in General Regulation shall apply in this District.
Minimum Lot Requirements
Area 929 sq m (10,000 sq ft)
Lot frontage 30m (100 ft.)
Front yard setback 9m (30 ft.)
Rear yard setback 6m (20 ft.)
Side yard setback 1.5m (5 ft.)
Building height Max 30m (100 ft.)
Lot coverage (Principal and Accessory Buildings and Uses) shall not exceed 90 %
Fuel pumps and other accessory equipment shall be 6 metres (20') or more from any street or lot line.
Automobile parts, dismantled or inoperative vehicles, Industrial raw materials and similar articles shall be
stored within a building or screened by a 3m (10') fence.
Cannabis Retail Stores shall comply with all Federal and Provincial Acts and Regulations as well as all
municipal bylaws and regulations.
No person shall develop a Cannabis Retail Store within a 200m radius of the following:
Any elementary school or high school;
Any nursery school or commercial day care centre;
6.6 CS - Community Service/Institutional District
Purpose - To provide for a wide range of Institutional and Community activities, as well as limited uses on land with physical or servicing constraints.
Permitted Uses - Subject to the provisions of this Bylaw the following are permitted uses in this District:
Recreational uses including, but not limited to, sports fields, campgrounds, parks,
golf courses and rinks
Public works (except office buildings and warehouses)
Schools
Churches
Hospitals
Accessory buildings
Accessory uses (excluding Towers)
Discretionary Uses - The following uses may be permitted in this District in specific locations and subject to the regulations specified by resolution of Council:
Cemeteries
Cultural institutions, churches, religious institutions
Public parks
Parking (Recreation/Commercial)
Towers
Existing residence on Parcel E, Plan CN629
Existing building on Parcel S, Plan 59R16157
Existing building on Block H, Plan CF1012
Prohibited Uses - The following are prohibited uses in the CS District:
Cannabis Retail Store
Regulations
General
All the regulations and conditions in General Regulations, shall apply in this District.
Minimum Lot Requirements
Area 1ha. (2.5 ac)-except for Public parks, which have no minimum required area
Front yard setback 15m (50 ft)
Rear yard setback 15m (50 ft)
Side yard setback 15m (50 ft)
Height restrictions None
6.7 UH - Urban Holding Districttc \l2 "8.1 R1 - Residential District
Purpose - To hold unsubdivided and or undeveloped land within the municipality for future development.
Permitted Uses - Subject to the provisions of this Bylaw the following are permitted uses in the UH District:
Market gardens and green houses
Recreational uses: sports fields, campgrounds, parks,
Golf courses and rinks
Public works (except office buildings and warehouses)
Accessory buildings
Accessory uses
Discretionary Uses - The following uses may be permitted in the UH District in specific locations and subject to the regulations specified by resolution of Council:
1) Veterinary hospitals and clinics
2) Cemeteries
3) Cultural institutions, places of worship, religious institutions
4) Public parks
Regulations
General
All the regulations and conditions in General Regulations, shall apply in the UH District.
Minimum Lot Requirements
Area 1ha. (2.5 ac) - except for Public parks, which have no minimum required area)
Front yard setback 15m (50 ft.)
Rear yard setback 15m (50 ft.)
Side yard setback 15m (50 ft.)
Height restrictions None
Rezoning land from UH to another zone shall only be considered when the change in land use allows for
orderly land use or secures the Town's long-term land use needs.
6.8 Use of the Holding Symbol "h" (Overlay)
Purpose - Subject to the requirements of Section 71 of the Act, the Holding Symbol "h" may be used as an Overlay in conjunction with any zoning district to identify the future use of land. As required by the Act, the zoning regulations for the underlying zoning district shall apply upon the removal of the Holding Symbol "h".
6.9 es - Environmentally Sensitive (Overlay)
Purpose - To protect Environmentally Sensitive land from unsuitable development.
Much of the es area consists of Flood prone land. Council recognizes the importance of protecting an adequate supply of surface and groundwater for the benefit of all residents and landowners. There are certain other areas near waste disposal sites, sewage lagoons, wetlands or gravel pits, etc. which should not be developed due to hazards like potential pollution of water supplies, flooding or proximity to railways or major pipelines.
Permitted Uses - In addition to the uses allowed in the Zoning District, which underlies the es
District, the following are Permitted Uses:
Principal uses, including accessory uses and buildings, but not including a residence:
1) Cemeteries, institutional uses and facilities.
2) Public parks and public recreational facilities.
3) Historical and archaeological sites, and wildlife and conservation management areas.
Discretionary Uses
1) Radio, television and microwave towers.
2) Linear Public utilities, excluding solid and liquid waste disposal sites.
3) Municipal facilities.
Regulations
All the Regulations of the District, which underlies the es District, shall be used by Council as a guideline in establishing conditions, which may be applied to location-sensitive Development Permits for the specific use being requested.
Areas in the es Overlay District - Method Of Application
Council and the Development Officer shall use Part C, Section 2.2.2 (g) and Part G Section 1.5 of the OCP in dealing with requests for new development in this Overlay District. This District shall include all land shown in the es - Environmentally Sensitive Overlay District on the Zoning Map.
6.10 CZ Contract Zoningtc \l2 "8.1 R1 - Residential District
Purpose - The purpose of Contract Zoning is to allow Council, on a case by case basis to deal more
effectively with the development of individual blocks or other small areas with servicing, lot or access limitations, unique features or opportunities which could not be accommodated by the current Zoning Bylaw.
Application
1) The zone may only be applied on:
a. small blocks or irregularly shaped lots;
b. lots restricted by physical barriers such as watercourses, slopes, etc.;
c. infill or mixed use areas and historically sensitive areas; or
d. areas to accommodate unique features or development opportunities.
2) No contract zone shall be designated on a part of a building or structure based on a leasehold interest of any person in the land on which the building or structure is situated.
Permitted Uses - Only uses specified in the contract agreement shall be allowed.
Development Standards - The regulations respecting lot size, frontage, coverage, floor area ratio, building height and yards, signs, landscaping, parking, payment in lieu of parking, and loading shall be those specified in the contract agreement.
Development Requirements and Procedures
1. Each application for a contract zone shall be evaluated on its own merits in accordance with the
guidelines under contract zoning of the Official Community Plan for assessing contract zone proposals.
2. Where the proposal meets the requirements of this subsection, Council may enter into a zoning contract or agreement with an individual or corporate developer for the purpose of accommodating the request to re-zone the land.
3. Council may, in approving the zoning contract, attach conditions, which in its opinion, are necessary to implement the guidelines and ensure compatibility between the proposal and surrounding land uses and are only limited by the provisions of The Planning and Development Act, 2007.
4.The costs for an amendment to the zoning bylaw specified in Section 3.9 of this Bylaw shall apply.
Special Provisions for Contract Zoning
1. A zoning designation, which is subject to an agreement entered into pursuant to the provisions of section 69 of The Planning and Development Act 2007, and the Official Community Plan, shall be added to the Zoning Map. This will be indicated on the zoning map by the addition of the Bylaw number authorizing the agreement after the zoning district designation.
2. The use of the symbol "CZ" in the Zoning Maps and text shall indicate a property which has
been re-zoned through a contractual agreement between a person or corporation and the Town.
3. All approved zoning contracts shall be added to the Zoning Bylaw as part of Appendix "A'
entitled Contract Zoning Agreements."
I - Industrial District
Purpose - To provide for development through industrial activities that may have the potential for creating nuisance conditions during the normal course of operations.
Permitted Uses - Subject to the provision of this Bylaw the following are permitted uses in this District:
All uses of buildings and land are permitted except those specifically noted as prohibited or discretionary uses.
Discretionary Uses - The following uses may be permitted in specific locations and subject to regulations specified:
Restaurants, Fast food outlets
Grain elevator
Childcare centres and preschools
Petroleum refineries
Steel mills, blast furnaces and smelters
Chemical manufacturing
Trade, business and vocational schools
Educational institutions
Public halls, catering halls and assembly halls
Places of worship
Arenas, rinks and stadiums
Prohibited Uses - The following are prohibited uses in the I District:
1) Dwellings, except those necessary for watchmen or caretakers
Intensive livestock operations and stock
Hospitals and special care homes
Elementary and highs schools
Campgrounds
Night clubs and taverns
Regulations
A. General
All the appropriate regulations and conditions in General Regulations shall apply in this District.
B. Minimum Lot Requirements
Area 929 sq m (10,000 sq ft)
Lot frontage 30 m (100 ft)
Front yard setback 9 m (30 ft)
Rear yard setback 6 m (20 ft)
Side yard setback 1.5 m (5 ft)
C. Lot coverage (principle and accessory buildings and uses) shall not exceed 90%
Fuel pumps and other accessory equipment shall be 6 meters (20 feet) or more from any street or lot line.
Cannabis Retail Stores shall comply with all Federal and Provincial Acts and Regulations as well as all municipal bylaws and regulations.
No person shall develop a Cannabis Retail Store within a 200m radius of the following:
Any elementary school or high school;
Any nursery school or commercial day care centre;
7 ADOPTION
This bylaw is adopted pursuant to The Planning and Development Act, 2007, and shall come into force on the date of final approval of the Minister of Municipal Affairs.
Read a first time this 6th day of December, 2011
Read a second time this 24th day of January, 2012
Read a third time this 24th day of January, 2012
SEAL
Mayor
____________________________________
Administrator
____________________________________
Appendix A - List of Approved Contract Zoning Agreements
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Page Town of "XX" Zoning Bylaw No. ____
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