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TOWN OF WALDHEIM
ZONING BYLAW
PREPARED FOR:
THE TOWN OF WALDHEIM
PREPARED BY:
CROSBY HANNA & ASSOCIATES
LANDSCAPE ARCHITECTURE AND PLANNING
SASKATOON, SK
January 2010
THE TOWN OF WALDHEIM
ZONING BYLAW
A Bylaw of the Town of Waldheim to adopt a Zoning Bylaw.
The Council of the Town of Waldheim, in the Province of Saskatchewan, in open meeting assembled
enacts as follows:
(1)
Pursuant to Section 34(1) of The Planning and Development Act, 2007 the Council of the Town
of Waldheim hereby adopts the Town of Waldheim Bylaw, identified as Schedule "A" to this
Bylaw.
(2)
The Mayor and Town Administrator are hereby authorized to sign and seal Schedule "A" which
is attached to and forms part of this Bylaw.
(3)
Bylaw No. 4-83, the Zoning Bylaw, and all amendments thereto, are hereby repealed.
(4)
This Bylaw shall come into force on the date of final approval by the Minister of Municipal
Affairs.
Read a First Time the
day of
,
Read a Second Time the
day of
,
Read a Third Time the
day of
,
Adoption of this Bylaw this day of
,
SEAL
(Mayor)
(Town Administrator)
Certified a True Copy of the Bylaw adopted by Resolution of Council
On the day of , of the year
(signature) , (date)
A Commissioner for Oaths in the Province of Saskatchewan
My appointment expires
THE TOWN OF WALDHEIM
ZONING BYLAW
Being Schedule "A" to Bylaw No.
of the Town of Waldheim
SEAL
(Mayor)
(Town Administrator)
TABLE OF CONTENTS
Section 1
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.1
TITLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.2
SCOPE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.3
SEVERABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Section 2
Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 3
Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
3.1
DEVELOPMENT OFFICER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
3.2
DEVELOPMENT PERMIT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
3.3
DEVELOPMENT PERMIT APPLICATION REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . 27
3.4
DEVELOPMENT PERMIT APPLICATION PROCESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
3.5
DEVELOPMENT PERMIT APPLICATION FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
3.6
DEVELOPMENT APPEALS BOARD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
3.7
RIGHT OF APPEAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
3.8
MINOR VARIANCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
3.9
NON-CONFORMING USES, BUILDINGS AND SITES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
3.10
DISCRETIONARY USE APPLICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
3.11
AMENDING THE ZONING BYLAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
3.12
OFFENSES AND PENALTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Section 4
General Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
4.1
LICENCES, PERMITS AND COMPLIANCE WITH OTHER BYLAWS AND LEGISLATION37
4.2
BUILDING LINES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
4.3
NUMBER OF PRINCIPAL BUILDINGS PERMITTED ON A SITE . . . . . . . . . . . . . . . . . . . . 37
4.4
HEIGHT RESTRICTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
4.5
VISIBILITY CLEARANCE AT INTERSECTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
4.6
REQUIRED YARDS AND OPEN SPACE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
4.7
FENCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
4.8
ACCESSORY BUILDINGS AND STRUCTURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
4.9
OFF STREET PARKING AND LOADING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
4.10
SIGNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
4.11
HOME-BASED BUSINESSES - Type I and Type II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
4.12
SPECIAL REGULATIONS AND STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
4.13
SERVICING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
4.14
STORAGE OF MATERIALS AND UNLICENSED OR INOPERATIVE
MOTOR
VEHICLES IN RESIDENTIAL DISTRICTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
4.15
DEVELOPMENT ON HAZARD LANDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
4.16
BUILDINGS OR USES OCCUPYING MORE THAN ONE LOT . . . . . . . . . . . . . . . . . . . . . . 68
4.17
EXISTING NONCONFORMING BUILDINGS AND SITES . . . . . . . . . . . . . . . . . . . . . . . . . . 68
4.18
FRONTAGE ON ROAD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
4.19
BUILDING TO BE MOVED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
4.20
DEMOLITION OF BUILDINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
4.21
GRADING AND LEVELLING OF SITES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
4.22
GARAGE AND YARD SALES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
4.23
WATER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Section 5
Zoning Districts
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
5.1
CLASSIFICATION OF ZONING DISTRICTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
5.2
THE ZONING DISTRICT MAP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
5.3
BOUNDARIES OF ZONING DISTRICTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
5.4
ZONING DISTRICTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
5.5
PROPERTIES WITH MORE THAN ONE ZONING DISTRICT . . . . . . . . . . . . . . . . . . . . . . . 71
Section 6
District Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
6.1
R1 - LOW DENSITY RESIDENTIAL DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
6.2
R2 - LARGE LOT RESIDENTIAL DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
6.3
R3 - MEDIUM DENSITY RESIDENTIAL DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
6.4
CS - COMMUNITY SERVICE DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
6.5
C1 - COMMUNITY CENTRE COMMERCIAL DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
6.6
C2 - HIGHWAY COMMERCIAL DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
6.7
MU - MIXED USE DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
6.8
M - INDUSTRIAL DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
6.9
PR - PARKS AND RECREATION DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
6.10
FUD - FUTURE URBAN DEVELOPMENT DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Section 7
Maps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
LIST OF TABLES
Table 4-1
PARKING AND LOADING SPACE DIMENSION REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . 44
Table 4-2
OFF-STREET PARKING REQUIREMENTS IN RESIDENTIAL AND COMMUNITY SERVICE
DISTRICTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Table 4-3
OFF-STREET PARKING REQUIREMENTS IN COMMERCIAL DISTRICTS . . . . . . . . . . . . . . . . . . 48
Table 4-4
OFF-STREET PARKING REQUIREMENTS IN MIXED USE DISTRICTS . . . . . . . . . . . . . . . . . . . . . 51
Table 4-5
OFF-STREET PARKING REQUIREMENTS IN INDUSTRIAL DISTRICTS . . . . . . . . . . . . . . . . . . . . 52
Table 4-6
OFF-STREET PARKING REQUIREMENTS IN INDUSTRIAL DISTRICTS . . . . . . . . . . . . . . . . . . . . 53
Table 4-7
SIGN REGULATIONS IN PARKS AND RECREATION, FUTURE URBAN DEVELOPMENT AND
RESIDENTIAL DISTRICTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Table 4-8
SIGN REGULATIONS IN COMMUNITY SERVICE DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Table 4-9
SIGN REGULATIONS IN COMMERCIAL AND INDUSTRIAL DISTRICTS . . . . . . . . . . . . . . . . . . . 58
Table 6-1
R1 - LOW DENSITY RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS . . . . . . . . . . . . . . 73
Table 6-2
R2 - LARGE LOT RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS . . . . . . . . . . . . . . . . . 76
Table 6-3
R3 - MEDIUM DENSITY RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS . . . . . . . . . . . 79
Table 6-4
CS - COMMUNITY SERVICE DISTRICT DEVELOPMENT STANDARDS . . . . . . . . . . . . . . . . . . . . 83
Table 6-5
C1 - COMMUNITY CENTRE COMMERCIAL DEVELOPMENT STANDARDS . . . . . . . . . . . . . . . . 88
Table 6-6
C2 - HIGHWAY COMMERCIAL DISTRICT DEVELOPMENT STANDARDS . . . . . . . . . . . . . . . . . 93
Table 6-7
MU - MIXED USE DISTRICT DEVELOPMENT STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
Table 6-8
M - INDUSTRIAL DISTRICT DEVELOPMENT STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
Table 6-9
PR - PARKS AND RECREATION DISTRICT DEVELOPMENT STANDARDS . . . . . . . . . . . . . . . . 107
Table 6-10
FUD - FUTURE URBAN DEVELOPMENT DISCTRICT DEVELOPMENT STANDARDS . . . . . . . 109
1
SECTION 1
INTRODUCTION
Under the authority of The Planning and Development Act, 2007, and Bylaw No. ________, the Official
Community Plan of the Town of Waldheim, the Council of the Town of Waldheim in the Province of
Saskatchewan, in open meeting, hereby enact as follows:
1.1
TITLE
This Bylaw shall be known and may be cited as the Zoning Bylaw of the Town of Waldheim.
1.2
SCOPE
Development shall be permitted within the limits of the Town of Waldheim only when in
conformity with the provisions of this Bylaw subject to the right of appeal provisions of the Act.
1.3
SEVERABILITY
If any section, clause or provision of this Bylaw, including anything shown on the Zoning District
Map, is for any reason declared by a Court of competent jurisdiction to be invalid, such decision
shall not affect the validity of the Bylaw as a whole or in part, other than the section, clause,
provision or anything shown on the Zoning District Map, declared to be invalid.
2
SECTION 2
INTERPRETATION
Whenever in this Bylaw the following words or terms are used, they shall, unless the context otherwise
provides, be held to have the following meaning:
Accessory Building or Use - Shall mean a building or use which:
(a)
is subordinate to and serves the principal building or principal use;
(b)
is subordinate in area, 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
principal use served; and,
(d)
is located on the same site as the principal building or principal use served.
Act - Shall mean The Planning and Development Act, 2007.
Administrator - Shall mean the Administrator of the Town of Waldheim.
Adult Day Care - Shall mean an establishment for the placement, care and supervision of adults, but
does not include the provision of overnight supervision.
Adult Day Care - Type I - Shall mean an adult day care with up to five persons under supervision at any
one time.
Adult Day Care - Type II - Shall mean an adult day care with more than five persons under supervision
at any one time.
Alteration - Shall mean any structural change in, or addition to, a building or structure, and shall include
a change from one type of use to another.
Ambulance Station - Shall mean a facility for receiving requests for ambulance service and for the
stationing of one or more ambulances until dispatched in response to calls for service, which is operated
by a person or corporation having a valid and subsisting ambulance licence issued pursuant to The
Ambulance Act and having a current contract with the Regional Health Authority.
Ancillary Use - Shall mean a use that is secondary and subordinate in size, extent and purpose to the
principal use on the same site, but is not necessary for the operation of the principal use on that site.
Animal Hospital - Shall mean a place used for the care and treatment of small and large animals
involving out-patient care, medical procedures involving hospitalization, and the keeping of animals in
outdoor pens.
Apartment House - Shall mean a building divided into three (3) 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 motel.
Bare Land Condominium - Shall mean a condominium divided into bare land units as defined in The
Condominium Property Act, 1993.
Bare Land Unit - Shall mean a bare land unit as defined within The Condominium Property Act, 1993.
3
Bed and Breakfast Home - Shall mean a dwelling unit in which the occupants thereof use a portion of
the dwelling unit for the purpose of providing, for remuneration, sleeping accommodation and one meal
per day to members of the general public, for periods of one week or less, and in which:
(a)
not more than three bedrooms within the dwelling unit are used to provide such sleeping
accommodation;
(b)
the dwelling unit is the principal residence of the person or persons receiving the remuneration
and providing the sleeping accommodation and one meal per day; and,
(c)
the meal which is provided is served before noon each day.
Building - Shall mean a structure constructed or placed on, in or over land but does not include a public
highway.
Building Bylaw - Shall mean any Bylaw of the Town of Waldheim regulating the erection, alteration,
repair, occupancy or maintenance of buildings or structures.
Building Front Line - Shall mean the line of the wall of the building, or any projecting portion of the
building, and production thereof excluding permitted obstructions which faces the front site line.
Building Height - Shall mean the vertical distance of a building measured from grade level to the highest
point of the roof surface, if a flat roof; to the deck line of a mansard roof; and to the mean height level
between eaves and ridge for a gable, hip or gambrel roof (refer to Figure 2-1).
Building Line, Established - Shall mean a line, parallel to the front site line (and, in the case of corner
sites, a line, parallel to the side site line along the flanking street), and set back the average distance from
the edge of the street to the main walls of the existing buildings on a side of any block of the street where
more than half the lots have been built on.
Building Permit - Shall mean a permit issued under a Building Bylaw of the Town of Waldheim
authorizing the construction of all or part of a building or structure.
Building, Principal - Shall mean the building in which is conducted the main or primary use of the site
on which said building is situated.
Building Rear Line - Shall mean the line of the wall of the building or any projecting portion of the
building and production thereof excluding permitted obstructions which faces the rear site line.
Building Side Line - Shall mean the line of the wall of the building, or any projecting portion of the
building and production thereof excluding permitted obstructions, which faces the side site line.
Carport - Shall mean a roofed enclosure for the parking of a motor vehicle or motor vehicles which has
less than 60% of the total perimeter enclosed by walls, doors or windows and is attached to a principal
building.
Car Wash - Shall mean a building or portion of a building which is used for the washing of vehicles,
including full service, automatic and hand operated facilities.
Cemetery - Shall mean property used for the internment of the dead and may include facilities for the
storage of ashes of human remains that have been cremated.
4
Club - Shall mean a group of people organized for a common purpose, to pursue common goals, interests
or activities, usually characterized by certain membership qualifications, payment of dues or fees, regular
meetings, and a constitution and bylaws; and shall include lodges and fraternal organizations.
Community Centre - Shall mean a building or facility used for recreational, social, educational or
cultural activities and which is owned by a municipal corporation, non-profit corporation or other
non-profit organization.
Construction Trades - Shall mean offices, shops and warehouses, with or without associated retail sales
of plumbing and heating, electrical, carpentry, masonry and other trades associated with construction of
buildings.
Convenience Store - Shall mean a store offering for sale primarily food products, beverages, tobacco,
personal care items, hardware and printed matter and which primarily provides a convenient day-to-day
service to residents in the vicinity.
Corner Site - Shall mean a site at the intersection or junction of two or more streets.
Council - Shall mean the Council of the Town of Waldheim.
Cultural Institution - Shall mean an establishment such as a museum, art gallery, library and similar
facilities of historical, educational or cultural interest.
Custodial Care Facility - Shall mean either:
(a)
a facility for the temporary detention or open custody of persons pursuant to the provisions of The
Youth Criminal Justice Act (Canada) or The Summary Offences Procedure Act, 1990
(Saskatchewan); or,
(b)
a facility for the accommodation of persons participating in a community training program
pursuant to The Correctional Services Act.
in which the number of persons in detention, custody or residence does not exceed five.
Day Care Centre - Shall mean a facility for the non-parental care of over four (4) preschool age children
on a daily basis and licensed under The Child Care Act.
Deck - Shall mean a raised open platform, with or without rails, attached to a principal building.
Development - Shall mean the carrying out of any building, engineering, mining or other operations in,
on, or over land, or the making of any material change in the use or intensity of use of any building or
land.
Development Permit - Shall mean a document authorizing a development, issued pursuant to this Zoning
Bylaw.
6
Discretionary Use - Shall mean a use or form of development that may be allowed in a zoning district
following application to, and approval of the Council; and which complies with the development
standards, as required by Council, contained in this Bylaw.
Dwelling - Shall mean a building used or intended for residential occupancy.
Dwelling Group - Shall mean a group of two or more detached one unit dwellings, two unit dwellings or
multiple unit dwellings or combinations thereof occupying the same site.
Dwelling, Multiple Unit - Shall mean a building divided into three or more dwelling units as herein
defined and shall include town or row houses and apartment houses but not hotels, or motels.
Dwelling, Semi-Detached - Shall mean a dwelling unit on its own site, with a common wall dividing the
two dwelling units through at least 30% of the depth of the entire structure, measured from the front to the
rear building lines.
Dwelling, Single Detached - Shall mean a detached building consisting of one dwelling unit as herein
defined, but shall not include a mobile home or modular home as herein defined.
Dwelling, Street Townhouse - Shall mean a dwelling unit on its own site, attached to two or more other
dwelling units, each on their own sites, with a common wall dividing the dwelling units throughout at
least 40% of the depth of the entire structure, measured from the front to the rear building lines.
Dwelling, Two-Unit - Shall mean a detached building divided into two dwelling units.
Dwelling Unit - Shall mean a separate set of living quarters, whether occupied or not, usually containing
sleeping facilities, sanitary facilities and a kitchen or kitchen components. For the purposes of this
definition, "kitchen components" include, but are not limited to, cabinets, refrigerators, sinks, stoves,
ovens, microwave ovens or other cooking appliances and kitchen tables and chairs.
Educational Institution - Shall mean a post-secondary college, university or technical institution, but
shall not include a private school.
Efficiency Unit - Shall mean a dwelling unit in a multiple unit dwelling that contains no bedroom
separate from a living room or living-dining room.
Face Area, Sign - Shall mean the area of the single face of any sign and is calculated using the
illustration in Figure 2-2.
Face Area, Total Sign - Shall mean the total amount of sign face area on a sign including all sides.
Fence - Shall mean an artificially constructed barrier erected to enclose or screen areas of land.
Financial Institution - Shall mean a bank, credit union, trust company, or similar establishment.
Flankage - Shall mean the side site line of a corner site which abuts the street.
Floor Area - Shall mean the maximum habitable area contained within the outside walls of a building,
excluding in the case of a dwelling unit any private garage, porch, sunroom, unfinished attic or unfinished
basement.
7
Frontage - Shall mean the side of a site abutting a street and, in the case of a corner site, the shorter of the
sides is the frontage.
Fuel Storage Tank, Above Ground - Shall mean a storage tank, any portion of which is above grade and
containing gasoline, diesel fuel, or propane for retail sale or dispensing into motor vehicles.
Garden Suite - shall mean a detached single unit dwelling which is temporarily located on the same site
as an existing dwelling unit to provide accommodation for a specific person or persons who are
physically dependent on the residents of the existing dwelling unit or to provide accommodations for a
caregiver of whom a specific person or persons residing in the existing dwelling unit is physically
dependent.
Garage, Private - Shall mean a garage used for storage purposes only, where no business, occupation or
service is conducted for gain, other than an approved home based business, and in which no space is
rented for commercial vehicles to a non-resident of the premises.
Garage, Public -Shall mean any garage available to the public, operated for gain, and which is used for
repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles,
including painting, body work and major repairs.
Garage, Storage - Shall mean a garage exclusively used for the storage of motor vehicles and where no
repair facilities are maintained.
Gas Bar - Shall mean a building or facility used for the retail sale of motor vehicle fuels from fixed
pumps.
Grade Level - Shall mean the average level of the finished surface of the ground adjacent to the exterior
walls of the building or structure. In the case of one-unit dwellings, two-unit dwellings and
semi-detached dwellings with a walk-out basement, grade level shall be the average elevation of the
finished surface of the ground adjacent to the side walls of the building.
Hazard Land - Shall mean land which is subject to flooding, ponding, subsidence, landslides or erosion.
Hazardous Material - Shall mean any product, substance or organism which, because of its quantity,
concentration or risk of spill, or its physical, chemical or infectious characteristics, either individually or
in combination with other substances, is an existing or potential threat to the physical environment, to
human health or to living organisms, including but not limited to:
(a)
Corrosives;
(b)
Explosives;
(c)
Flammable and combustible liquids;
(d)
Flammable solids; substances liable to spontaneous combustion; substances that on contact with
water emit flammable gases;
(e)
Gases, compressed, deeply refrigerated, liquified or dissolved under pressure;
(f)
Oxidizing substances; organic peroxides;
(g)
Poisonous (toxic) or infectious substances;
(h)
Radioactive materials;
(i)
Waste Dangerous Materials; and/or,
(j)
Any other environmentally hazardous substance.
BUILDING
SIGN
GRADE LEVEL
a
FIGURE 2-2: Calculation of Sign Face Area
SIGN
b
a
b
sign face area = a x b
9
Health Care Clinic - Shall mean a facility or institution engaged in the provision of services for health
maintenance, diagnosis or treatment of human pain, injury or other physical condition on an out-patient
basis.
Home Based Business - Shall mean an accessory use of a dwelling unit by a resident of the dwelling for
a business which is secondary and incidental to the primary use of the dwelling as a residence, and does
not change the residential character of the buildings or site.
Home Based Business - Type I - Shall mean a home based business owned and operated by a resident or
residents of the dwelling unit.
Home Based Business - Type II - Shall mean a home based business owned and operated by a resident
or residents of the dwelling unit, but where no more than one non-resident person may be employed on
the site.
Hotel - Shall mean a building or part of a building used as a place for sleeping accommodation with or
without meals, and which may have a licensed beverage room, but does not include a motel.
Intersection - Shall mean an area where two or more streets or lanes meet or cross at grade.
Junk and Salvage Yards - Shall mean uses including, but not limited to, uses involved in salvaging,
storing or selling scrap metal, paper, plastic, glass, wood and other waste material, as well as unlicensed
vehicles and used vehicle parts.
Kennel, Boarding - Shall mean the temporary accommodation of dogs, cats or other domestic animals
for commercial purposes.
Kennel, Breeding - Shall mean the keeping of more than four dogs, cats or other domestic animals, male
and female, and which are more than 12 months old, for breeding purposes.
Landscaping - Shall mean the changing, rearranging, or adding to the original vegetation of a site,
including site grading, addition of topsoil, grass, trees, plants, sidewalks and other natural or decorative
features.
Lane - Shall mean a public highway vested in the Crown as a secondary level of access to a lot or parcel
of land.
Light Manufacturing - Shall mean a light industrial use where all processing, fabricating, assembly, or
disassembly of items takes place wholly within an enclosed building, including, but not limited to
apparel, food, drapes, clothing accessories, bedspreads, decorations, artificial plants, jewellery,
instruments, computers, electronic devices.
Linear Park - Shall mean dedicated land developed in a linear fashion, between 15 and 35 metres in
width, intended to facilitate pedestrian and cycling transportation, and may also facilitate the management
of storm water.
Loading Space - Shall mean a space, measuring at least 3.0 metres in width and 7.5 metres in depth,
located on a site, and having access to a street or lane, in which a vehicle may park to load or unload
goods.
10
Lot - Shall mean an area of land with fixed boundaries and which is of record with the Information
Services Corporation by Certificate of Title.
Lounge - Shall mean a room or area adjoining a restaurant that permits the sale of beer, wine or spirits for
consumption on the premises, with or without food, and where no entertainment or dance floor is
permitted, either in the lounge or in the restaurant attached to the lounge.
Mall - Shall mean a single story commercial building in which, up to six (6) permitted or discretionary
commercial uses are located together for their mutual benefit, each use having a separate entrance to the
outside.
Mayor - Shall mean the Mayor of the Town of Waldheim.
Medical, Dental and Optical Laboratories - Shall mean a place fitted with medical and scientific
equipment and used for the conduct of medical, dental or optical investigations, experiments, and tests; or
for the manufacture of medicines or medical aid devices, but does not include the manufacture of
industrial chemicals.
Membrane Covered Structures - Shall mean a structure consisting of a frame that is covered with a
plastic, fabric, canvas or similar non-permanent material, which is used to provide storage for vehicles,
boats, recreational vehicles, or other personal property. The term shall also apply to structures also
commonly known as hoop houses, canopy covered carports, tent garages and can be fully or partially
covered, but does not include gazebos.
Minister - Shall mean the member of the Executive Council to whom, for the time being, is assigned the
administration of The Planning and Development Act, 2007.
Mobile Home - Shall mean a trailer coach:
(a)
that is used as a dwelling all year round;
(b)
that has water faucets and shower or other bathing facilities that may be connected to a water
distribution system;
(c)
that has facilities for washing and a water closet or other similar facility that may be connected to
a sewage system; and,
(d)
that conforms to Canadian Standards Association, Construction Standard No.Z240.2.1-1979 and
amendments thereto.
Mobile Home Court - Shall mean any parcel of land on which two or more occupied mobile homes are
located and includes any structure used or intended to be used as part of the equipment of such mobile
home court.
Mobile Home, Double Wide - Shall mean a mobile home consisting of two sections, separately towable,
but designed to be joined together into one building.
Mobile Home, Single Wide - Shall mean a mobile home designed to be towed as a single load and less
than 6.09 metres wide.
Mobile Home Site - Shall mean an area of land in a mobile home court for the placement of a mobile
home.
11
Mobile Home Subdivision - Shall mean any residential subdivision of land containing lots under either
freehold or leasehold tenure for the purpose of accommodating mobile homes in such a manner that each
mobile home is situated on its own lot and in which all such lots, public open spaces, internal streets and
lanes, buffer zones and other amenity areas form a contiguous area of development.
Modular Unit - Shall mean a factory built frame or shell which comprises supporting and non-supporting
walls, siding and other components of a prefabricated home representing only a section of a dwelling and
has neither chassis, running gear nor its own wheels.
Modular Home - Shall mean a factory built home that is manufactured on as a whole or modular unit and
is designed to be moved on removable chassis to be used as a one unit dwelling, and is certified by the
manufacturer that it complies with the Canadian Standards Association Code CSA - A277 standard.
Modular Home, Single Wide - Shall mean a modular home that is designed to be moved and placed onto
a permanent foundation as a whole unit in a single load and which is less than 5 metres in width.
Modular Home, Double Wide - Shall mean a modular home that is designed to be moved and placed
onto a permanent foundation in two or more modular units that, when joined together exceed 8 metres in
width.
Motel - Shall mean an establishment consisting of a group of attached or detached living or sleeping
accommodations each with a bathroom, located on a lot or site and designed for use by the public, and
may include a restaurant or licensed dining room.
Municipal Facility - Shall mean land and/or structures owned by the Municipality including, but not
limited to, land and/or structures used for the following:
(a)
Office and/or meeting space;
(b)
Storage of municipal equipment and/or supplies;
(c)
Recreation; and/or
(d)
Other institutional purposes.
Municipality - Shall mean the Town of Waldheim.
Night Club - Shall mean a building or portion thereof, where beer, wine or spirits are served to patrons
for consumption on the premises, with or without food, and where a designated area for entertainment or
dancing during certain hours of operation may also be provided.
Non-Conforming Building - Shall mean a building:
(a)
that is lawfully constructed or lawfully under construction, or in respect to which all required
permits have been issued, on the date that this Bylaw or any amendment to the Bylaw affecting
the building or land on which the building is situated or will be situated, becomes effective; and,
(b)
that on the date this Bylaw or any amendment hereto becomes effective does not or when
constructed will not comply with this Bylaw.
Non-Conforming Site - Shall mean a site, consisting of one or more contiguous parcels, to which all
required permits have been issued on the date that this Bylaw or any amendment to the Bylaw becomes
12
effective, contains a use that conforms to the Bylaw, but the site area or site dimensions do not conform to
the standards of the Bylaw for that use.
Non-Conforming Use - Shall mean a lawful specific use:
(a)
being made of land or a building or intended to be made of a land or of a building lawfully under
construction, or in respect to which all required permits have been issued, on the date this Bylaw
or any amendment hereto becomes effective; and,
(b)
that on the date this Bylaw or any amendment hereto becomes effective does not, or in the case of
a building under construction or in respect of which all required permits have been issued, will
not comply with this Bylaw.
Office and Office Building - Shall mean 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, transhipped, sold or processed.
Official Community Plan - Shall mean the Official Community Plan for the Town of Waldheim.
Parking Lot - Shall mean an open area of land, other than a street, used for the temporary parking of
more than four vehicles and available for public use whether free, for charge, or for accommodation of
clients or customers.
Parking, Off-Street - Shall mean accommodation for the parking of vehicles off a public street or lane.
Parking Space, Vehicle - Shall mean a space within a building or parking lot for the parking of one
vehicle and which has access to a developed street or lane, having minimum dimensions of 2.7 metres
wide by 6.7 metres deep with direct lane access; 3.0 metres wide by 6.7 metres deep for a parallel space;
and 2.7 metres wide by 6.0 metres deep for all other.
Permitted Use - Shall mean any use or form of development, other than a discretionary use, specifically
allowed in a zoning district subject to the regulations applicable to that zoning district.
Personal Care Home - Shall mean 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 persons who have some limits on ability for self-care, and are unrelated to the operator or owner.
Personal Service Shops - Shall mean establishments engaged in providing the care of a person or their
apparel, which include barber shops, hairstyle salons, laundries, dry cleaners, shoe repair, photographic
studios and other similar uses.
Photography Studio - Shall mean a place used for portrait or commercial photography, including the
developing and processing of film, and the repair or maintenance of photographic equipment.
Place of Worship - Shall mean a place used for worship and related religious, philanthropic or social
activities and includes accessory rectories, manses, meeting rooms and other buildings. Typical uses
include churches, chapels, mosques, temples, synagogues and parish halls.
Preschool - Shall mean a facility which provides a program for preschool aged children.
13
Public Hospital - Shall mean a hospital operated by the Regional Health Authority.
Public Utility - Shall mean a government, municipality or corporation under Federal or Provincial statute
which operates a public work.
Public Work - Shall include:
(a)
systems for the production, distribution or transmission of electricity;
(b)
systems for the distribution, storage or transmission of natural gas or oil;
(c)
facilities for the storage, transmission, treatment, distribution or supply of water; and/or,
(d)
facilities for the collection, treatment, movement or disposal of sanitary sewage.
(e)
telephone, internet, cable television or light distribution or transmission lines; and,
(f)
facilities for the collection, storage, movement and disposal of storm drainage.
Recreational Facility, Commercial - Shall mean a recreation or amusement facility operated as a
business and open to the general public for a fee.
Recreational Facility, Public - Shall mean a recreation or amusement facility operated by the province,
municipality, or a non-profit organization and open to the general public.
Recreation Vehicle - Shall mean a unit intended to provide temporary living accommodation for campers
or travellers; built as part of, or to be towed by, a motor vehicle; and includes truck campers, motor
homes, tent trailers and travel trailers.
Recycling Collection Depot - Shall mean a building or structure used for collection and temporary
storage of recyclable household material such as bottles, cans, plastic containers and paper. The
following shall not be allowed at a recycling collection depot:
(a)
processing of recyclable material other than compaction;
(b)
collection and storage of paints, oil, solvents or other hazardous material(s); nor,
(c)
outdoor compaction.
Residential Care Facility - Shall mean a licensed or approved group care facility governed by Provincial
regulations that provides, 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 Care Facility - Type I - Shall mean a residential care facility in which the number of
residents, excluding staff, does not exceed four.
Residential Care Facility - Type II - Shall mean a residential care facility in which the number of
residents, excluding staff, is more than four.
14
Restaurant - Shall mean a place where food and beverages are prepared and served to patrons seated at
tables or counters, in a motor vehicle on the premises, or for off-site consumption, and may include a
drive-through service window.
Retail Store - Shall mean a place where goods, wares, or merchandise are offered for sale or rent, and
may include the manufacturing of products to be sold on site, provided the gross floor area used for
manufacturing does not exceed 25% of the gross floor area of the retail store.
Rooming House - Shall mean a building that contains more than one rooming unit, including a boarding
or lodging house.
Rooming Unit - Shall mean a room or rooms for accommodation, other than a dwelling unit or other
form of accommodation defined elsewhere defined elsewhere in this Bylaw, with sleeping facilities but
without private toilet facilities.
School, Private - Shall mean a facility which meets Provincial requirements for elementary, secondary,
or higher education, and which does not secure the majority of its funding from taxation or any
governmental agency, and may include vocational and commercial schools, music or dance schools and
other similar schools.
School, Public - Shall mean a facility which meets Provincial requirements for elementary or secondary
education, and which secures the majority of its funding from taxation.
Screening - Shall mean a fence, wall, berm or planted vegetation located so as to visually shield or
obscure one abutting area of use from another.
Service Station - Shall mean a place where petroleum products are kept for retail sales for automobiles
and other motor vehicles and where repairs, rental, servicing, greasing, adjusting or equipping of
automobiles or other motor vehicles may be performed, but not including painting, body work and major
repairs.
Shipping Containers - Shall mean a prefabricated metal container or box specifically constructed for the
transport of goods by rail, ship or transport truck.
Shopping Centre - Shall mean a building, or group of buildings, located on the same site and managed as
a single unit, in which individual spaces are leased to permitted or discretionary commercial uses for their
mutual benefit, including the use of off-street parking and other joint facilities.
Sight Triangle - Shall mean the triangular area formed, on corner sites, by the intersecting front and side
site lines at a street intersection and the straight line joining said site lines at points which are a measured
distance along said site lines (refer to Figure 2-3).
Sign - Shall mean any device, letters, figures, symbols, emblems, or pictures which are affixed to, or
represented directly or indirectly upon a building or structure, which identify or advertise any object,
product, place, activity, person, organization or business; and which is visible on a street or public
thoroughfare.
Sign, Awning - Shall mean a sign made from canvas, plastic or similar non-rigid material affixed to a
frame and attached to a building wall (refer to Figure 2-4(a)).
15
Sign, Canopy - Shall mean a sign consisting of a rigid, multi-sided structure supported by columns or
posts embedded in the ground (refer to Figure 2-4(b)).
Sign, Directional / Information - Shall mean a sign giving directions, instructions or facility information
but not including any advertising copy.
Sign, Fascia - Shall mean 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 0.25 metres from such building or structure.
Sign, Free-Standing - Shall mean a non-movable sign, not affixed to a building, and which is supported
by a pole or similar structure.
Sign, Marquee - Shall mean a sign that is mounted or painted on, or attached to an awning, canopy or
marquee.
Sign, Portable - Shall mean a portable, free-standing sign, mounted on a wide based frame, with a single
sign face area no greater than 6.0 m2, which can be readily moved or transported to various locations
(refer to Figure 2-4(c)).
Sign, Projecting - Shall mean a sign which is wholly or partially dependent upon a building for support
and which projects more than 0.25 metres beyond the wall of the building (refer to Figure 2-4(d)).
Sign, Roof - Shall mean a sign that is mounted on the roof of a building, or which is wholly dependent
upon a building for support and which projects above the point of a building with a flat roof, the eave line
of a building with a gambrel, gable or hip roof or the deck line of a building with a mansard roof.
Sign, Temporary - Shall mean a removable sign erected for a period of time not exceeding six months.
Site - Shall mean one or more contiguous lots under one ownership and used, or intended to be used, by a
single principal use or principal building.
Site, Corner - Shall mean a site at the intersection of two or more streets (refer to Figure 2-5).
Site, Interior - Shall mean a site other than a corner site.
Site Coverage - Shall mean that portion of the site that is covered by principal and accessory buildings.
Site Line, Front - Shall mean the line that divides the site from the street. In the case of a corner site, the
front site line shall mean the line separating the narrowest street frontage of the site from the street.
Site Line, Rear - Shall mean the line at the rear of the site and opposite the front site line.
Site Line, Side - Shall mean a site line other than a front or rear site line.
Site, Through - Shall mean a site not more than one lot in depth, having a frontage on two streets more or
less parallel (refer to Figure 2-5).
Site Width - Shall mean for rectangular sites, the horizontal distance between the side boundaries of the
site measured along the front site line. For non-rectangular sites, the average of the horizontal distances
16
between the side boundaries of the site measured along the front and rear site lines (refer to Figure 2-6).
7.6 m
7.6 m
FRONT SITE LINE
STREET
SIDE SITE LINE
STREET
SIGHT
TRIANGLE
FIGURE 2-3: Sight Triangle
sign message
sign message
AWNING SIGN
FIGURE 2-4(a): Illustration of Awning Sign
sign message
sign message
CANOPY SIGN
FIGURE 2-4(b): Illustration of a Canopy Sign
PORTABLE SIGN
maximum sign face
area = 6m²
PORTABLE SIGN
maximum sign face
area = 6m²
FIGURE 2-4(c): Illustration of Portable Signs
BUILDING
SIGN
GRADE LEVEL
Greater than
0.25 m
FIGURE 2-4(d): Illustration of a
Projecting Sign
Corner Site
Corner Site
Through Site
Interior Site
Interior Site
Interior Site
Interior Site
Corner Site
Corner Site
STREET
STREET
STREET
STREET
FIGURE 2-5: Illustration of Site Definition
b
EXTERIOR SIDE LOT LINE
INTERIOR SIDE LOT LINE
FRONT LOT LINE
Site Width = a
EXTERIOR SIDE LOT LINE PROJECTED
INTERIOR SIDE LOT LINE
FRONT LOT LINE
SIDE LOT LINE
SIDE LOT LINE
FRONT
SIDE LOT LINE
SIDE LOT LINE
SIDE LOT LINE
SIDE LOT LINE
FRONT LOT LINE
a
a
a
a
a
a
SIDE LOT LINE
SIDE LOT LINE
FRONT LOT LINE
FRONT LOT LINE
SIDE LOT LINE
SIDE LOT LINE
a
Site Width = a
Site Width = a
Site Width = a + b
2
Site Width = a
Site Width = a + b
2
Site Width = a
2
FIGURE 2-6: Illustrations of Site Width
b
L
O
T
L
I
N
E
24
Street - Shall mean a public thoroughfare which affords the principal means of access to the abutting
property.
Structural Alteration - Shall mean the construction or reconstruction of supporting elements of a
building or other structure.
Structure - Shall mean anything erected or constructed, the use of which requires temporary or
permanent location on, or support of, the soil, or attached to something having permanent location on the
ground or soil; but not including pavements, curbs, walks or open air surfaced areas.
Tavern - Shall mean a building or portion thereof where beer, wine, or spirits are served to patrons for
consumption on the premises, with or without food, and where no entertainment or dance floor is
permitted.
Temporary Building - Shall mean a building under 34 square metres in floor area without a foundation
or footing, and that is to be removed upon expiration of a designated time period.
Temporary Use - Shall mean a use established for a fixed period of time and that is to be discontinued
upon the expiration of the time period specified for that use.
Terrace - Shall mean a level, artificially surfaced area adjacent to a principal building, not covered by a
roof, at or within 0.6 metres of the finished grade; including patios.
Theatre - Shall mean a place devoted to showing motion pictures or dramatic, dance, musical or other
live performances.
Tourist Campground - Shall mean a tract or parcel of land which provides for the location of tents or
recreation vehicles used by travellers and tourists for overnight accommodation.
Town - Shall mean the Town of Waldheim.
Trailer Coach - Shall mean 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 to 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.
Use - Shall mean the purpose or activity for which a piece of land, or its building is designed, arranged,
intended, occupied or maintained.
25
Use, General Industrial - Shall mean any of the following activities:
(a)
the processing of raw or finished materials;
(b)
the manufacturing of assembly of goods, products or 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 with non-industrial development;
(d)
the storage or transshipping of materials, goods and equipment, including warehouses;
(e)
the training of personnel in general industrial operations; and/or,
(f)
indoor display, office, technical or administrative support areas or any sales operation accessory
to the general industrial use.
Veterinary Clinic - Shall mean 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.
Wall Height - Shall mean the vertical distance of a building measured at the outermost building face,
from grade level to the top of the wall, not including the roof.
Warehouse - Shall mean a building used primarily for the storage of goods and materials.
Wholesale Establishment - Shall mean the sale of commodities to retailers or jobbers and shall include
the sale of commodities for the purpose of carrying on any trade or business.
Yard - Shall mean an unoccupied space open to the sky on the same site with a building or structure
Yard, Front - Shall mean the area between the side site lines and the front site line to the front building
line.
Yard, Rear - Shall mean the area between the side site lines, and the rear site line to the rear building
line.
Yard, Required - Shall mean a yard or yards required by this Bylaw and within which, unless
specifically permitted, no building or structure, or part of a building or structure shall be erected.
Yard, Side - Shall mean the area between the front and rear yards and between the side site line and the
side building line.
Zoning District - Shall mean a specifically delineated area of the municipality within which certain
uniform requirements and regulations or various combinations thereof govern the use, placement, spacing
and size of land and structures.
26
SECTION 3
ADMINISTRATION
3.1
DEVELOPMENT OFFICER
3.1.1
The Development Officer shall administer this Bylaw.
3.1.2
The Development Officer shall be the Administrator of the Town of Waldheim and any
other person authorized, in writing, by the Administrator to act as a Development Officer
for the purposes of this Bylaw and The Act.
3.2
DEVELOPMENT PERMIT
3.2.1
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 subject to
Sections 213 to 232 of The Act.
3.2.2
A development permit is not required for the following, but all other applicable
provisions of this Bylaw are to be followed for:
(1)
the maintenance of a public work by the municipality or a public utility;
(2)
the construction of a public work by the municipality;
(3)
the installation of a public work on any street or other public right-of-way by the
municipality;
(4)
maintenance and repairs that do not include structural alterations; and
(5)
accessory buildings under 9.3 square metres in area.
3.2.3
If the development or use authorized by a development permit is not completed within
twelve (12) months of its issue, the permit is deemed void unless an extension to the
approval period, to a maximum of twelve (12) months, has been granted by the
development officer.
3.2.4
A building permit shall not be issued unless a development permit, where required, has
been granted. If a development permit is deemed void, a new building permit or sign
permit is required in conjunction with the issuance of a replacement development permit.
3.2.5
An application for a development permit shall be processed concurrently with an
application for a sign permit. The development permit shall take the form of a stamp
affixed to the required sign permit.
27
3.3
DEVELOPMENT PERMIT APPLICATION REQUIREMENTS
3.3.1
Except in the case of applications for a sign permit, a portable sign license or a home
based business, every application for a development permit shall be accompanied by the
following:
(1)
the names, addresses and telephone numbers of the applicant, property owner and
person or consultant who prepared the plans being submitted, including a local
contact person.
(2)
the proposed use of the site or building to be constructed, or the proposed use of
the existing building floor area to be altered or occupied, including the area of the
proposed building or renovations.
(3)
the complete legal description and civic address of the subject property.
(4)
two copies of a site plan, drawn to scale with appropriate dimensions, showing
the following information:
(a)
north arrow, streets and lanes adjacent to the site, key plan showing
nearby lot patterns, all property boundaries, identified frontage of site,
site area, site elevations and the location of any existing buildings,
structures, utility poles and wires, fire hydrants, underground utilities,
easements, building encroachments, and the type and location of existing
trees;
(b)
the location and size of proposed buildings or structures, including all
front, side and rear yard setback dimensions and the location of all
doorways, walkways and pedestrian circulation areas; and,
(c)
the location and size of all proposed parking spaces, aisles and vehicle
circulation areas, loading spaces, and entrances and exits to the site.
(5)
two copies of scaled plans, showing the dimensioned floor plans and elevations,
including both interior and exterior wall and floor dimensions and room areas
and dimensions.
3.3.2
The Development Officer may require the submission of documentation relating to the
requirements of Section 4.15 of this Bylaw, where relevant.
3.4
DEVELOPMENT PERMIT APPLICATION PROCESS
3.4.1
Applications for a development permit shall be submitted to the Development Officer in
accordance with the requirements of this Bylaw.
3.4.2
The Development Officer shall issue a development permit for a development that
complies in all respects with the requirements of this Bylaw, the Official Community Plan
and The Act.
28
3.4.3
Where an application is made for a development permit with respect to a development for
a discretionary use which has been approved by Council, the Development Officer shall
issue a development permit subject to any specified development standards and time
limits prescribed by Council pursuant to Section 56(1)(c) and (d) of The Act.
3.4.4
Every decision of the Development Officer with respect to an application for a
development permit shall be in writing and a copy of the decision shall be sent to the
applicant.
3.4.5
The Development Officer may revoke a development permit where:
(1)
the development permit has been issued in error;
(2)
an approved development for a permitted use is not being developed in
accordance with the provisions of this Bylaw, or in accordance with the standards
and conditions specified in the development permit;
(3)
the approval of a proposed development for a discretionary use is deemed to be
invalid; or,
(4)
a development is subject to an agreement which has been cancelled by Council
pursuant to Sections 65 or 69 of The Act.
3.4.6
The Development Officer shall give the reasons for denying or revoking a development
permit.
3.5
DEVELOPMENT PERMIT APPLICATION FEES
3.5.1
An applicant seeking the approval of a development permit application shall pay a fee of
$100.00.
3.5.2
There shall be no development permit application fee for sign permits. Sign permit fees
are set out in Section 4.10.4 of this Bylaw.
3.6
DEVELOPMENT APPEALS BOARD
3.6.1
A Development Appeals Board of the Town of Waldheim shall be appointed in
accordance with Sections 213 to 227 of The Act.
3.7
RIGHT OF APPEAL
3.7.1
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
Waldheim.
3.7.2
Where an application for a DISCRETIONARY USE has been APPROVED by Council,
WITH PRESCRIBED SPECIAL DEVELOPMENT STANDARDS pursuant to this
Bylaw, the applicant shall be advised that any development standards considered
29
excessive, may be appealed to the Development Appeals Board of the Town of
Waldheim.
3.7.3
Where an application for a DISCRETIONARY USE has been REFUSED by Council, the
applicant shall be advised that there is no appeal pursuant to Section 219(2) of The Act.
3.7.4
An application for a Development Permit for a PERMITTED USE 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 as though the application had been refused at
the end of the period specified in this subsection.
3.7.5
Where a person wishes to appeal to the Board, he/she shall file written notice of his/her
intention to appeal with the secretary of the Board, together with a sum of not more than
$50.00 that the Board may specify to be applied to the expenses of the appeal.
3.8
MINOR VARIANCES
3.8.1
The Development Officer may grant a variance of up to 10% of any yard requirement or
minimum required distances between buildings for a use that is a permitted or
discretionary use as specified in this Bylaw. All such variances shall be subject to the
conditions and granted in accordance with the procedures contained in Section 60 of The
Act.
3.8.2
The Development Officer shall maintain a registry of the location and all relevant details
of the granting of such variances.
3.8.3
An application for a minor variance shall be in a form prescribed by the Development
Officer and shall be accompanied by an application fee of $50.00.
3.9
NON-CONFORMING USES, BUILDINGS AND SITES
3.9.1
Non-conforming uses, non-conforming buildings and non-conforming sites shall be
subject to Sections 88 - 93 inclusive of The Act.
3.9.2
No existing building, site or use shall be deemed to be non-conforming by reason only of
the conversion from the Imperial System of Measurement to the International System of
Units (S.I.) where such nonconformity results solely from such conversion and is
reasonably equivalent to the S.I. standard herein established.
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3.10 DISCRETIONARY USE APPLICATIONS
3.10.1 Discretionary Use Application Fees
(1)
An applicant seeking a discretionary use approval shall pay the following fees:
(a)
an application fee of $200.00 (for a discretionary principal use). The
application fee relates to application for both discretionary use approval
and issuance of a development permit.
(2)
An applicant seeking the renewal of a discretionary use that was previously
approved by Council for a limited time shall pay the following fees:
(a)
an application fee of $200.00.
3.10.2 Discretionary Use Application Process
(1)
The following procedures shall apply to discretionary use applications:
(a)
Applicants must file with the Development Officer a development permit
application, a site plan, any other plans and information as required by
the Development Officer and pay the required application and public
hearing fees;
(b)
The application will be examined by the Development Officer for
conformance with the Official Community Plan, this Bylaw, and any
other applicable policies and regulations;
(c)
The Development Officer may request comments from other government
agencies where applicable;
(d)
The Development Officer will prepare a report concerning the
application including recommendations that conditions be applied to an
approval;
(e)
The Development Officer will set a date for the meeting at which the
application will be considered by Council and will give notice by
ordinary mail to assessed owners of property within 75 metres of the
boundary of the applicant's land. The Development Officer will prepare
on-site notification posters which must be placed on the site by the
Development Officer and must remain on the site until the application is
considered by Council;
(f)
Council shall consider the application together with the report of the
Development Officer, and any written or verbal submissions received by
Council;
(g)
Council may reject the application or approve the application with or
without conditions, including a condition limiting the length of time that
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the use may be conducted on the site; and,
(h)
The Development Officer shall notify the applicant of Council's decision
by ordinary mail addressed to the applicant at the address shown on the
application form.
(2)
Discretionary uses, discretionary forms of development, and associated accessory
uses are subject to the development standards and applicable provisions of the
zoning district in which they are located. 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 including
adequate access and circulation for pedestrian and vehicle traffic;
(d)
appropriate space for vehicle line ups for drive through commercial
facilities in order to reduce disruption of traffic flows on adjacent
roadways;
(e)
control of noise, glare, dust and odour;
(f)
landscaping, screening and fencing and preservation of existing
vegetation to buffer adjacent properties; and/or,
(g)
the size, shape and arrangement of buildings, and the placement and
arrangement of lighting and signs.
(3)
Council's approval of a discretionary use application is valid for a period of
twelve (12) months from the date of the approval. An approval shall be deemed
to be invalid if the proposed use or proposed form of development has not
commenced within that time or if the Council determines ,within the twelve (12)
month approval period, that the proposed development is not proceeding in
accordance with the terms and conditions of its approval. The Development
Officer shall advise the applicant when an approval is no longer valid and shall
revoke the associated development permit.
(4)
If an approved discretionary use or form of development ceases to operate for a
period of six (6) months or more, the discretionary use approval shall no longer
be valid. The Development Officer shall advise the owner and Council when a
prior approval is no longer valid.
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3.10.3 General Discretionary Use Evaluation Criteria
Council will apply the following general criteria and where applicable the use specific
criteria in Section 3.10.4 in the assessment of the suitability of an application for a
discretionary use or discretionary form of development.
(1)
The proposal must be in conformance with all relevant sections of the Official
Community Plan and must demonstrate that it will maintain the character, density
and purpose of the zoning district, where necessary through the provision of
buffer areas, separation and screening.
(2)
The proposal must be capable of being economically serviced by community
infrastructure including roadways, water and sewer services, solid waste disposal,
parks, schools, and other utilities and community facilities.
(3)
The proposal must demonstrate that it is not detrimental to the health, safety,
convenience or general welfare of persons residing or working in the vicinity or
injurious to property, improvements or potential development in the vicinity.
(4)
The proposal must provide sufficient landscaping and screening, and, wherever
possible, shall preserve existing vegetation.
(5)
The proposal must demonstrate that any additional traffic generated by the use,
can be adequately provided for in the existing parking and access arrangements.
Where this is not possible further appropriate provisions shall be made so as to
ensure no adverse parking or access effects occur.
(6)
Consideration will be given to the presence of activities already located in the
area and on the site, and their effect on the surrounding residential environment,
such as the cumulative effect of locating an activity on a site adjacent to or
already accommodating an activity that may currently generate traffic, noise, etc.
not in keeping with the character of the adjacent area.
(7)
Consideration will be given to addressing pedestrian safety and convenience both
within the site, and in terms of the relationship to the road network in and around
the adjoining area.
(8)
All operations shall comply with all regulations of Saskatchewan Environment
and Saskatchewan Labour which govern their operation and development.
(9)
Proposals for discretionary uses which may result in heavy truck traffic,
particularly in commercial and industrial districts, should be located to ensure
that such traffic takes access to or from major streets or designated truck routes.
3.10.4 Use Specific Discretionary Use Evaluation Criteria
The Council will apply the following use specific criteria to the assessment of the
suitability of an application for a particular discretionary use or discretionary form of
development.
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(1)
Bus Terminals and Car Washes:
(a)
The location of the bus terminal or car wash will only be favourably
considered where it can be demonstrated that the use and intensity is
appropriate to the site and that it will have a minimal impact on the
surrounding, adjacent areas. Consideration may be given, but is not
limited to, the following effects:
i)
municipal servicing capacity;
ii)
anticipated levels of noise, odour, smoke, fumes, dust, lighting,
glare, vibration or other emissions emanating from the operation;
and/or,
iii)
anticipated increased levels or types of vehicle traffic, unsafe
conditions or situations for vehicles, cyclists or pedestrians.
(b)
Bus terminals are also subject to Section 4.12.6
(2)
Convenience Stores:
(a)
Convenience stores should, where possible, be located on corner sites to
facilitate access;
(b)
The location of the convenience store will only be favourably considered
where it can be demonstrated that residential amenity will not be
unreasonably compromised;
(c)
Vehicle car parking and access areas should not form a dominant element
in the streetscape; and,
(d)
Any new parking and loading areas should be landscaped to improve the
visual appearance of this site.
(3)
Community Service Uses, Clubs, Public and Commercial Recreation Facilities:
(a)
Schools, clubs and places of worship should, where possible, be located
on corner sites to facilitate access;
(b)
Public elementary and secondary schools should, where possible, be
located adjacent to public open space;
(c)
The site should be accessible from a major road network to avoid heavy
traffic volumes on residential access roads;
(d)
Consideration should be given to the location of entry and exit points of
the site and their relationship with existing intersections and adjacent
residential units; and,
34
(e)
Vehicle car parking and access areas should not form a dominant element
in the streetscape.
(4)
Dwelling Groups - also refer to Section 4.12.5:
(a)
All parking areas, private garages or vehicular access to units or sites
within a dwelling group should be from a roadway which is common
property internal to the parcel;
(b)
All dwelling groups should have vehicular access to a public street from
at least two points which are sufficiently separated to provide accessible
ingress and egress in case of emergency;
(c)
The suitability of a proposal will be considered with respect to:
i)
the capacity of the adjoining street system to handle the size and
location of the development. The development will not cause
excessive traffic to pass through adjoining low density
residential development;
ii)
the density of a dwelling group and building separations will be
consistent with similar residential structures on separate
subdivided parcels; and,
iii)
bareland condominium proposals for dwelling groups will only
be considered if there is provision for adequate common
property on the parcel.
(5)
Multiple Unit Dwellings:
(a)
Multiple unit dwellings may be developed where located on a second or
higher floor over office, retail, restaurant, café and personal service use
on the main floor;
(b)
The parking required for multiple unit dwellings is additional to the
parking required for the commercial uses;
(c)
The suitability of a proposal will be considered with respect to :
i)
adherence to any concept plan prepared for the proposed
development area, including the proposed location of all forms
of multiple unit dwellings;
ii)
the convenience of parking; and,
iii)
appropriate size and quality of proposed dwelling units.
35
(6)
Night Clubs and Taverns:
(a)
The location of the night club will only be favourably considered where
it can be demonstrated that the use will have a minimal impact on the
amenity of the surrounding district and adjacent areas and that these
areas will not be unreasonably compromised;
(b)
The character of adjacent residential districts, along the zone interface,
shall, where possible, be protected and maintained through the provision
of buffer areas, separation distances and / or screening;
(c)
Night clubs and taverns shall maintain the character, density and purpose
of the surrounding area and the district they lay within.
(7)
Shopping Centres and Malls:
(a)
Malls and shopping centres shall have clearly defined pedestrian
walkways between the sidewalk and building entrances;
(b)
It must be demonstrated to the satisfaction of council that mitigation of
vehicular traffic impacts has been addressed;
(c)
Parking lots, service areas, and loading zones shall be appropriately
screened from view of the street;
(d)
Primary access to malls and shopping centres shall preferably be from a
thoroughfare street system; and,
(e)
The number and location of vehicle entrances to a commercial
development shall be consistent with the existing or anticipated design of
adjacent streets and consideration shall be given to the minimum number
of entrances needed to move traffic onto and off the site safely and
efficiently.
3.11 AMENDING THE ZONING BYLAW
3.11.1 Zoning Bylaw Amendment Application Fees
(1)
Council shall give notice of its intention to consider a Zoning Bylaw amendment
pursuant to the provisions of Sections 207 to 211 of The Act.
(2)
An applicant seeking amendment to the Zoning Bylaw shall pay the following
fees:
(a)
The costs of advertising associated with the application; and,
(b)
The following fees, where applicable:
i)
Text amendments: $200; and/or,
36
ii)
Map amendments:
Class 1 Districts: PR, FUD, CS
Class 2 Districts: C1, C2, MU, M
Class 3 Districts: R1, R2, R3
Zoning Map
Amendments
To
Class 1
Class 2
Class 3
From
Class 1
$100
$200
$500
Class 2
$100
$200
$300
Class 3
$100
$200
$200
Where an application to amend the Zoning Bylaw involves amendment within
two or more of the above classes, the sum of the amendment fees shall apply for
all classes, in addition to the fee for a text amendment, if applicable.
3.11.2 Special Provisions for Contract Zoning Agreements
(1)
A zoning designation which is subject to an agreement entered into pursuant to
the provisions of Section 69 of The Act shall be indicated on the Zoning District
Map by the addition of the Bylaw number authorizing agreement after the zoning
district designation.
3.12 OFFENSES 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.
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SECTION 4
GENERAL REGULATIONS
4.1
LICENCES, PERMITS AND COMPLIANCE WITH OTHER BYLAWS AND
LEGISLATION
Nothing in this Bylaw shall exempt any person from complying with the requirement of any other
municipal or provincial regulations and requirements and from obtaining any licence, permission,
permit, authorization or approval required by such requirements or regulations.
4.2
BUILDING LINES
Where a building line in a residential district has been established by existing buildings in a block
having at least one half the lots built upon, the front yard requirement for the applicable zoning
district will be considered to be the existing building line.
4.3
NUMBER OF PRINCIPAL BUILDINGS PERMITTED ON A SITE
Only one principal building shall be placed on a site with the exception of dwelling groups,
shopping centres, health care clinics, recreation facilities, schools, hospitals, senior citizens'
homes, personal care homes and public works.
4.4
HEIGHT RESTRICTIONS
Any height limitations or regulations shall not apply to spires, belfries, cupolas, television and
solar collectors, or other appurtenances usually required to be placed above the roof level, and not
intended for human occupancy.
4.5
VISIBILITY CLEARANCE AT INTERSECTIONS
On a corner lot, in any residential district, nothing shall be erected, placed, planted, or allowed to
grow so as to obscure vision at a height of 1 metre or greater above the elevation of the centre of
the abutting street within a triangular area formed by the intersecting lot lines abutting the streets
and a straight line joining said lot lines at points 4.5 metres distant from the intersection of the lot
lines.
4.6
REQUIRED YARDS AND OPEN SPACE
4.6.1
Minimum Yards Required
No portion of any yard or open space required about any principal building or use shall
provide any portion of a yard or open space for any other principal building or use.
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4.6.2
Permitted Obstructions in Required Yard
The following shall not be considered to be obstructions and shall not be considered in
the determination of yard dimensions or site coverage:
(1)
In all yards:
steps or ramps of 1.6 metres or less above grade level which are necessary for
access to a permitted building or for access to a site from a street or lane; trees;
shrubs; walks; uncovered driveways; fences; trellises; flag poles and wheelchair
ramps.
(2)
In front yards:
(a)
Overhanging eaves and gutters projecting not more than 1 metre;
(b)
Lighting fixtures, lamp posts, raised open patios, open decks, canopies or
balconies having a projection of not more than 1.8 metres; and,
(c)
Sills, belt cornices, pilasters or other similar vertical columns, cornices
and chimneys, bay windows, bow windows or other projecting windows,
projecting not more than 0.6 metres.
(3)
In rear yards:
(a)
Raised patios and decks measuring more than 0.6 metres in height above
grade, and canopies and balconies provided they do not project to within
3 metres of the rear site line;
(b)
Raised patios, terraces and decks measuring 0.6 metres or less in height
above grade, having a projection of not more than 3 metres;
(c)
Overhanging eaves and gutters, sills, belt courses, pilasters or other
similar vertical columns, cornices and chimneys, bay windows, bow
windows or other projecting windows, projecting not more than 1 metre
into the yard;
(d)
On interior sites, enclosed private swimming pools when attached to the
principal building, projecting not more than 3 metres into the yard; and,
(e)
Laundry drying equipment, recreational equipment, garbage stands and
private swimming pools and tennis courts when open to the sky.
(4)
In side yards:
(a)
Raised patios, terraces and decks measuring 0.6 metres or less in height
above grade;
39
(b)
Raised patios and decks measuring more than 0.6 metres in height above
grade and canopies and balconies provided they do not project more than
1.2 metres into the required yard;
(c)
Sills, belt courses, pilasters or other similar vertical columns, cornices,
eaves and chimneys, bay windows, bow windows or other projecting
windows, projecting not more than 0.6 metres into the yard; and,
(d)
Laundry drying equipment, recreational equipment, garbage stands and
private swimming pools and tennis courts when open to the sky.
4.7
FENCES
4.7.1
A principal building or use must be established on a site prior to the erection of a fence or
wall on the site.
4.7.2
A fence may be erected to safeguard public safety on a site during the period of
construction of the principal building or use or due to the presence of a natural hazard on
the site.
4.7.3
No wall, fence or other structure not otherwise permitted shall be erected in a required
front yard or on a site line adjacent to a required front yard to a height of more than 1.0
metres above grade level.
4.7.4
No wall, fence, screen or similar structure, excepting permitted accessory buildings, shall
be erected in a required side or rear yard, or on a site line adjacent to a required side or
rear yard, to a height of more than 2.0 metres above grade level.
4.7.5
Sections 4.7.1 and 4.7.2 (above) do not apply in C1, C2, M or FUD Districts, except that
in the case of a corner site, no wall, fence, screen, hedge or other structure shall be placed
so as to create a visual obstruction in an established intersection sight triangle.
4.7.6
A development permit is required for the erection of all fences.
4.8
ACCESSORY BUILDINGS AND STRUCTURES
4.8.1
Accessory buildings shall be subordinate to, and located on the same site as the principal
building or use, and used in conjunction with that principal use.
4.8.2
Time of Construction
Accessory buildings shall not be constructed or placed on any site prior to the
construction of the principal building except in the following cases:
(1)
Where a Development Permit has been issued for a principal building, Council
shall allow prior development of an accessory building where such building is
required for the storage of construction material or equipment. If the principal
building is not completed within the effective time period of the development
40
permit for the associated principal building, the accessory building shall be
removed.
4.8.3
Height of Accessory Buildings
(1)
In any Commercial, Industrial, Community Service, Mixed Use, Parks or Future
Urban Development District accessory buildings are not to exceed the height of
the principal building.
(2)
In any Residential District accessory buildings are not to exceed the height of the
principal building and in no case shall the wall height exceed 3 metres.
4.8.4
Private Garages and Carports
(1)
Private garages and carports attached to the principal building by a substantial
roof structure are considered as part of the principal building and subject to the
regulations governing the principal building.
(2)
On any site in any residential zoning district only one detached garage, not
exceeding 100 square metres in area, subject to Sections 4.8.5 and 4.8.6 (below),
is allowed.
(3)
Except when conforming with established building lines, no main door of a
garage which faces a road shall be within 7.5 metres of the front site line faced
by the door.
(4)
Except when conforming with established building lines, no main door of a
garage which faces a road shall be within 3.0 metres of the side site line faced by
the door.
4.8.5
Location and Size of Accessory Buildings (including private garages and carports)
(1)
Detached accessory buildings in all Residential Districts are subject to the
following regulations:
(a)
Accessory buildings are not to be located in any front yard;
(b)
Yard, rear: minimum - 0.6 metres, except where the main door faces the
rear site line, the minimum shall be 1.2 metres;
(c)
Yard, side: except as provided for in Section 4.8.4(4), minimum - 0.6
metres where the accessory building is over 1.8 metres behind the rear
wall of the principal building, otherwise 1.2 metres;
(d)
Accessory buildings located in a required rear yard shall not occupy
more than forty (40) per cent of the required rear yard, and shall not
obstruct access to any lane; and,
(e)
Detached accessory buildings shall be located at least one metre from the
41
principal building.
4.8.6
Number of Accessory Buildings
In any Residential District, there shall be no more than three (3) accessory buildings on a
site and the total for all accessory buildings shall not exceed 50% of the floor area of the
principle building.
4.8.7
Satellite Dishes, Solar Collectors and Wind Generators
The installation and operation of a free standing satellite dish, solar collector, wind
charger, and their supporting structures shall be permitted in all zoning districts subject to
the following:
(1)
In any Commercial, Community Service or Residential District such structures
shall not be located in any front yard, side yard and in the case of a corner site, in
any portion of the rear yard which is within three (3) metres of the side property
line adjacent to a flanking street unless it is screened from the flanking street to
the satisfaction of the Development Officer;
(2)
In any Commercial, Community Service or Residential District such structures, if
freestanding, shall not exceed a height of five (5) metres above grade level;
(3)
In any Commercial, Community Service or Residential District such structures if
attached to a principal building, shall not exceed a height of five (5) metres above
the lowest elevation of: roof surface of a flat roof; the decking of a mansard roof;
and the eaves of a gable, hip or gambrel roof; and,
(4)
In any Commercial, Community Service or Residential District such structures, if
attached to or erected upon an accessory building, shall not exceed the maximum
permitted height of the accessory building upon which such structure is attached
or erected.
4.8.8
Permanent Membrane Covered Structures
(1)
In all residential and mixed use districts anchored membrane covered structures
up to 18.6m2 (200 square feet) are allowed.
(2)
In all industrial districts and the C2 - Highway Commercial District, anchored
membrane covered structures are allowed.
(3)
Development applications for Permanent Membrane Covered Structures must
include a drawing stamped by a Professional Engineer to prove the structure will
meet Section 4 of the National Building Code.
4.8.9
Temporary Membrane Covered Structures
(1)
In any district, temporary membrane covered structures shall be allowed for a
period not to exceed seven (7) days in a calendar year.
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4.8.9
Shipping Containers
(1)
No shipping container shall be used, placed or stored on any lot other than
a lot in an industrial zone and in such cases the shipping container must
comply with the siting requirements for the zone as if it were a building or
structure and it shall be used only for shipping purposes.
4.9
OFF STREET PARKING AND LOADING
4.9.1
Parking and Loading Spaces Required With Development
(1)
No person shall erect, enlarge, or extend any building or structure permitted
under this Bylaw, unless the required parking and loading spaces are provided
and maintained in connection with the new, enlarged, or altered building or
structure.
(2)
When the intensity of use of any building, structure, or premises is increased
through the addition of dwelling units, floor area, seating capacity, or other
specified units of measurement for required parking and loading facilities,
parking and loading facilities as required in this Bylaw shall be provided for any
increase in intensity of use.
(3)
Wherever the existing use of a building or structure is changed to a new use,
parking and loading facilities shall be provided as required for the new use;
however, if the building or structure was erected prior to the effective date of this
Bylaw, additional parking and loading facilities are mandatory only in the
amount by which the requirements for the new use exceed the requirements for
the existing use.
(4)
All required parking facilities shall be located on the same site as the principal
building or use, with the exception of lands within the C1 or C2 Districts, where
required parking spaces may be located on a remote site. In the C1 and C2
Districts, remote parking may be approved where the remote site is within 150
metres of the principal building or use and where the remote site is located within
a Commercial or Industrial district.
(5)
Pursuant to section 4.9.1 (4), remote parking within the C1 or C2 Districts is
permitted provided the owner of the principal use site registers an interest on the
parking lot title to ensure than the land remains as a required parking lot in
accordance with Section 235 of The Act.
(6)
When the calculation of parking requirements results in a fractional required
parking space, this fractional requirement shall be rounded up to the next whole
number.
4.9.2
Payment in Lieu of Required Off Street Parking Facilities
(1)
Council may exempt any applicant for a use permitted in the C1 - Community
Centre Commercial District and the C2 - Highway Commercial District from the
43
requirement of providing off-street parking facilities where, in lieu thereof, the
applicant pays or agrees to pay the Council the sum of money calculated by
multiplying the number of off street parking spaces that would otherwise be
required by $2,000.00.
(2)
The payment of or agreement to pay such sums of money shall be subject to such
terms and conditions as Council may determine.
4.9.3
General Regulations for Off Street Parking and Loading
(1)
All required parking and loading facilities shall only be used for the purpose of
accommodating the vehicles of clients, customers, employees, members,
residents or visitors in connection with the principal building or use for which the
parking and loading facilities are provided, and the parking and loading facilities
shall not be used for driveways, access or egress, commercial repair work,
display, signage, sale or storage of goods of any kind.
(2)
Required parking and loading facilities shall provide for and include an adequate,
safe and convenient arrangement of vehicular points of ingress or egress,
driveways, internal roadways, aisles and ramps, unloading and loading of motor
vehicles all in relation to buildings and entry points to buildings on the site. Such
facilities shall comply with the following design, development and maintenance
standards:
(a)
All required parking and loading facilities shall be clearly demarcated
and have adequate storm water drainage and storage facilities;
(b)
Where warranted, on-site traffic signs shall be provided;
(c)
In situations where lighting of off-street parking and loading facilities is
to be provided, the lighting shall be arranged, installed and maintained to
deflect, shade and focus light away from any adjacent land used or
intended to be used for residential purposes;
(d)
All required parking and loading spaces shall be clear of any access
driveways, aisles, ramps, columns, signs or other similar obstructions,
and shall conform to the minimum dimensions set out in Table 4-1.
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Table 4-1
PARKING AND LOADING SPACE DIMENSION REQUIREMENTS
Type of Space
Minimum Dimension
Minimum Vertical Clearance
Parking spaces having direct
access to a registered lane
2.7 metres x 6.0 metres
2.0 metres
Parallel parking spaces
3.0 metres x 6.7 metres
2.0 metres
Parking spaces other than those
described above
2.7 metres x 6.0 metres
2.0 metres
Loading space
3.0 metres by 7.5 metres
4.0 metres
(e)
All required parking and loading spaces shall, without excessive
vehicular manoeuvring, have direct access to a driveway, aisle or
registered lane leading to a public street. Driveways and aisles which
provide access to parking or loading spaces shall conform to the
following minimum dimensions:
Parking Angle in Degrees
Width of Aisle or Driveway
75 to 90
6.0 metres (two-way traffic)
50 to 74
5.5 metres (two-way traffic)
49 or less
3.7 metres (one-way traffic only)
For the purpose of the above minimum dimensions, angles shall be
measured between the centre line of the parking or loading space and the
centre line of the driveway or aisle;
(f)
All entrances to and exits from a required parking facility shall be
designed in such a manner to minimize traffic congestion and
interference with traffic movement along public streets;
(g)
Driveways leading to a public street or public right-of-way or to an
internal private roadway, aisle, ramp or parking space shall be of
sufficient length and width to accommodate expected vehicle volumes
and therefore minimize traffic congestion and interference of traffic
movement within the required parking facility and along public streets.
The length, width and slope of such driveways shall be based upon
accepted engineering roadway design principles; and,
(h)
For multiple unit dwellings, all parking spaces shall be suitably screened
from view from adjacent streets, and all required visitor parking spaces
shall be clearly marked or signed as such.
4.9.4
Required Off Street Parking and Loading in Residential and Community Service Districts
(1)
The minimum off street parking requirements for all Residential and the
Community Service Districts are set out in Table 4-2.
45
(2)
In all R - Residential Districts, required off-street parking shall not be located in
any required front yard.
(3)
Each non-residential principal building with a building floor area greater than
500 m2 shall provide one off-street loading space.
4.9.5
Required Off Street Parking and Loading in Commercial Districts
(1)
The minimum off street parking requirements for all Commercial Districts are set
out in Table 4-3.
(2)
Each non-residential principal building with a building floor area greater than
500 m2 shall provide one off-street loading space.
4.9.6
Required Off Street Parking and Loading in the MU Mixed Use District
(1)
The minimum off street parking requirements for the MU - Mixed Use District
are set out in Table 4-4.
(2)
In the MU - Mixed Use District, required off-street parking for residential uses
shall not be located in any required front yard.
(3)
Each non-residential principal building with a building floor area greater than
500 m2 shall provide one off-street loading space.
4.9.7
Required Off Street Parking and Loading in Industrial Districts
(1)
The minimum off street parking requirements for all Industrial Districts are set
out in Table 4-5.
(2)
Each non-residential principal building with a building floor area greater than
500 m2 shall provide one off-street loading space.
4.9.8
Required Off Street Parking and Loading in Parks and Recreation and Future Urban
Development Districts
(1)
The minimum off street parking requirements for all Parks and Recreation and
Future Urban Development Districts are set out in Table 4-6.
(2)
Each non-residential principal building with a building floor area greater than
500 m2 shall provide one off-street loading space.
46
Table 4-2
OFF-STREET PARKING REQUIREMENTS IN RESIDENTIAL AND COMMUNITY
SERVICE DISTRICTS
Use
R - Residential Districts
CS - Community Services Districts
(1)
Adult day cares
1 space plus 1 space per 5 persons
enrolled in the facility
1 space plus 1 space per 5 persons
enrolled in the facility
(2)
Ambulance stations
1 space per 28 m2 of gross floor area,
excluding garage area
1 space per 28 m2 of gross floor area,
excluding garage area
(3)
Bakeries with retail sales
1 space per 28 m2 of gross floor area,
excluding garage area
1 space per 28 m2 of gross floor area,
excluding garage area
(4)
Bed and breakfast homes
1 space plus 1 space for each guest room 1 space plus 1 space for each guest room
(5)
Bus terminals
(6)
Car washes
(7)
Clubs
1 space per 50 m2 of gross floor area
1 space per 50 m2 of gross floor area
(8)
Commercial
recreation
facilities
---
1 space per 50 m2 of gross floor area or
(for primarily outdoor recreational uses) 1
space per 8 patrons at design capacity
(9)
Community centres
1 space per 50 m2 of gross floor area
1 space per 50 m2 of gross floor area
(10) Construction trades
(11) Convenience stores
1 space per 28 m2 of gross floor area
1 space per 28 m2 of gross floor area
(12) Cultural institutions
1 space per 50 m2 of gross floor area
1 space per 50 m2 of gross floor area
(13) Custodial care facilities
1 space plus 1 space per 5 persons
enrolled in the facility
1 space plus 1 space per 5 persons
enrolled in the facility
(14) Daycare
centres
and
preschools
1 space plus 1 additional space for every
10 persons enrolled in the facility per day
1 space plus 1 additional space for every
10 persons enrolled in the facility per day
(15) Dwelling groups
1 space per dwelling unit plus 0.1 spaces
per dwelling unit for visitors
1 space per dwelling unit plus 0.1 spaces
per dwelling unit for visitors
(16)
D w e l l i n g
u n i t s
i n
conjunction
with
and
attached
to
any
other
permitted use
1 space per dwelling unit
1 space per dwelling unit plus 0.1 spaces
per dwelling unit for visitors
(17)
Dwelling units, except those
attached to other permitted
uses, and multiple unit
dwellings.
1 space per dwelling unit
1 space per dwelling unit plus 0.1 space
per dwelling unit set aside for visitors
(18)
Dwelling units, multiple,
including apartments and
street townhouse units
1 space per dwelling unit plus 0.1 space
per dwelling unit set aside for visitors
1 space per dwelling unit plus 0.1 space
per dwelling unit set aside for visitors
(19) Financial institutions
(20) Funeral homes
---
1 space per 10 seats in main assembly
area or (where no fixed seating is
provided) 1 space per 7.5 m2 of gross floor
area devoted to main assembly area
(21) Garden suites
1 space per garden suite
---
(22) Gas bars
(23) Health care clinics
---
1 space per 28 m2 of gross floor area
(24) Home based business -
type II
1 space per non-resident employee
1 space per non-resident employee
(25) Medical, dental and optical
laboratories
---
1 space per 28 m2 of gross floor area
(26) Mobile homes
1 space per dwelling unit
---
47
Table 4-2
OFF-STREET PARKING REQUIREMENTS IN RESIDENTIAL AND COMMUNITY
SERVICE DISTRICTS
Use
R - Residential Districts
CS - Community Services Districts
(27) Municipal facilities
no requirements
no requirements
(28) Parking lots
no requirement
no requirements
(29) Parks and playgrounds
no requirement
no requirement
(30) Personal care homes
1 space per 4 beds plus 1 space per 4
employees
1 space per 4 beds plus 1 space per 4
employees
(31) Places of worship
3 spaces per 10 seats in main assembly
area or (where no fixed seating is
provided) 1 space per 2.5 m2 of gross floor
area devoted to main assembly area
3 spaces per 10 seats in main assembly
area or (where no fixed seating is
provided) 1 space per 2.5 m2 of gross floor
area devoted to main assembly area
(32) Printing
plants
and
newspaper offices
1 space per 28 m2 of gross floor area
1 space per 28 m2 of gross floor area
(33) Private schools
1.2 spaces per classroom plus 1 space
per 4 students at design capacity
1.2 spaces per classroom plus 1 space
per 4 students at design capacity
(34) Public recreation facilities
1 space per 28 m2 of gross floor area
1 space per 28 m2 of gross floor area
(35) Public elementary schools 1 space per staff member
1 space per staff member
(36) Public secondary schools
1 space per staff member plus 3 spaces
for each classroom, with parking permitted
in a front, side and/or rear yard
1 space per staff member plus 3 spaces
for each classroom, with parking permitted
in a front, side and/or rear yard
(37) Public works
no requirements
no requirements
(38) Radio
and
television
stations
---
1 space per 28 m2 of gross floor area
(39) Repair services
---
1 space per 28 m2 of gross floor area
(40) Residential care facilities
1 space plus 1 space for each non-
resident staff member
1
space
plus
1
space
for
each
non-resident staff member
(41) Restaurants
---
1 per 4 seats intended for patrons' use
(42) Retail stores
---
1 space per 28 m2 of gross floor area
48
Table 4-3
OFF-STREET PARKING REQUIREMENTS IN COMMERCIAL DISTRICTS
Use
C1 - Community Centre
Commercial District
C2 - Highway Centre Commercial
District
(1)
Ambulance stations
1 space per 28 m2 of gross floor area,
excluding garage area
1 space per 28 m2 of gross floor area,
excluding garage area
(2)
Animal hospitals
---
1 space per 28 m2 of gross floor area
(3)
Auto body shops
---
1 space per 28 m2 of gross floor area
(4)
Automobiles,
marine,
recreational vehicle and
equipment,
agricultural
equipment and mobile
home sales and service
establishments
---
1 space per 28 m2 of gross floor area
(5)
Automotive and industrial
supply stores
---
1 space per 28 m2 of gross floor area
(6)
Bakeries with retail sales
no requirements
---
(7)
Bingo halls
---
1 per 4 seats intended for patrons' use
(8)
Bulk fuel dealers
---
1 space per 28 m2 of gross floor area
(9)
Bus terminals
no requirements
1 space per 28 m2 of gross floor area
(10) Car washes
1 space per bay
1 space per bay
(11) Clubs
no requirements
---
(12) Commercial recreational
facilities
1 space per 28 m2 of gross floor area
1 space per 28 m2 of gross floor area
(13) Construction trades
1 space per 28 m2 of gross floor area
1 space per 28 m2 of gross floor area
(14) Convenience stores
no requirements
1 space per 28 m2 of gross floor area
(15) Cultural institutions
no requirements
---
(16) Drive-in theatres
---
1 space per 28 m2 of gross floor area
(17)
D w e l l i n g
u n i t s
i n
conjunction
with
and
attached
to
any
other
permitted use
1 space per dwelling unit
1 space per dwelling unit plus 0.1 spaces
per dwelling unit for visitors
(18)
Dwelling units, except those
attached to other permitted
uses, and multiple unit
dwellings.
1 space per dwelling unit
1 space per dwelling unit plus 0.1 space
per dwelling unit set aside for visitors
(19)
Dwelling units (multiple),
including apartments and
street townhouse units
1 space per dwelling unit plus 0.1 space
per dwelling unit set aside for visitors
1 space per dwelling unit plus 0.1 space
per dwelling unit set aside for visitors
(20) Financial institutions
no requirements
1 space per 28 m2 of gross floor area
(21) Freight handling facilities
---
1 space per 28 m2 of gross floor area
(22) Funeral homes
no requirements
1 space per 10 seats in main assembly
area or, in cases where fixed seating is
not provided, 1 space per 7.5 m2 devoted
to main assembly area
(23) Gas bars
no requirements
1 space per 28 m2 of gross floor area
(24) Health care clinics
no requirements
1 space per 28 m2 of gross floor area
(25) Home based businesses -
type II
1 space per non-resident employee
1 space per non-resident employee
49
Table 4-3
OFF-STREET PARKING REQUIREMENTS IN COMMERCIAL DISTRICTS
Use
C1 - Community Centre
Commercial District
C2 - Highway Centre Commercial
District
(26) Hotels
1 space per 2 guest rooms, plus
1 space per 15 m2 of gross floor area
devoted to public assembly, plus
the applicable parking requirements for
any other use contained on the site
1 space per 2 guest rooms, plus
1 space per 15 m2 of gross floor area
devoted to public assembly, plus
the applicable parking requirements for
any other use contained on the site
(27) Indoor
storage
rental
facilities
---
1 space per 50 m2 of gross floor area, or 1
space per 3 employees, whichever is
greater
(28) Light industrial uses
---
1 space per 50 m2 of gross floor area, or 1
space per 3 employees, whichever is
greater
(29)
Lumber
yards,
home
improvement centres and
b u i l d i n g
s u p p l y
establishments
1 space per 50 m2 of gross floor area, or 1
space per 3 employees, whichever is
greater
1 space per 50 m2 of gross floor area, or 1
space per 3 employees, whichever is
greater
(30) Malls
1 space per 28 m2 of gross floor area
1 space per 28 m2 of gross floor area
(31) Medical,
dental
and
optical laboratories
no requirements
---
(32) Miniature golf courses
---
1 space per 28 m2 of gross floor area
(33) Motels
1 space per guest unit
1 space per guest unit
(34) Municipal facilities
no requirements
no requirements
(35) Night clubs
---
1 space per 28 m2 of gross floor area
(36) Nurseries, greenhouses
and garden centres
---
1 space per 28 m2 of gross floor area
(37) Offices
and
office
buildings
1 space per 28 m2 of gross floor area
1 space per 28 m2 of gross floor area
(38) Parking lots
no requirements
no requirements
(39) Parks and playgrounds
no requirements
no requirements
(40) Personal service shops
no requirements
1 space per 28 m2 of gross floor area
(41) Photography studios
no requirements
---
(42) Places of worship
3 spaces per 10 seats in main assembly
area or, in cases where fixed seating is
not provided, 1 space per 7.5 m2 devoted
to main assembly area
3 spaces per 10 seats in main assembly
area or, in cases where fixed seating is
not provided, 1 space per 7.5 m2 devoted
to main assembly area
(43) Printing
plants
and
newspaper offices
no requirements
---
(44) Public garages
---
1 space per 50 m2 of gross floor area
(45) Public
recreational
facilities
1 space per 50 m2 of gross floor area
1 space per 50 m2 of gross floor area
(46) Public works
no requirements
no requirements
(47) Radio
and
television
stations
no requirements
---
(48) Recycling
collection
depots
---
1 space per 50 m2 of gross floor area
(49) Rental stores
---
1 space per 50 m2 of gross floor area
(50) Repair services
no requirements
1 space per 28 m2 of gross floor area
(51) Restaurants
no requirements
1 space per 4 seats intended for patrons'
use
(52) Retail stores
no requirements
1 space per 28 m2 of gross floor area
50
Table 4-3
OFF-STREET PARKING REQUIREMENTS IN COMMERCIAL DISTRICTS
Use
C1 - Community Centre
Commercial District
C2 - Highway Centre Commercial
District
(53) Service stations
no requirements
1 space per 28 m2 of gross floor area
(54) Shopping centres
1 space per 28 m2 of gross floor area
1 space per 28 m2 of gross floor area
(55) Storage garages
---
1 space per 50 m2 of gross floor area
(56) Taverns
---
1 space per 4 seats intended for patrons'
use
(57) Taxidermy and accessory
tanning of hides
---
1 space per 28 m2 of gross floor area
(58) Theatres
no requirements
---
(59) Tourist campgrounds
---
1 space per 28 m2 of gross floor area of all
buildings
(60) Tourist
information
centres and booths
no requirements
1 space per 28 m2 of gross floor area
(61) Trucking operations
---
1 space 50 m2 of gross floor area, or 1
space per 3 employees, whichever is
greater
(62) U n d e r t a k i n g
establishments
1 space 28 m2 of gross floor area, or 1
space per 3 employees, whichever is
greater
---
(63) Veterinary clinics
1 space 50 m2 of gross floor area, or 1
space per 3 employees, whichever is
greater
1 space 50 m2 of gross floor area, or 1
space per 3 employees, whichever is
greater
(64) Warehouses
---
1 space per 90 m2 of gross floor area
(65) Welding
and
machine
shops
---
1 space 50 m2 of gross floor area, or 1
space per 3 employees, whichever is
greater
51
Table 4-4
OFF-STREET PARKING REQUIREMENTS IN MIXED USE DISTRICTS
Use
MU - Mixed Use District
(1)
Adult daycare - types I and II
1 space plus 1 space for every 5 people enrolled in the facility
(2)
Ambulance stations
1 space per 28 m2 of gross floor area, excluding the garage area
(3)
Bakeries with retail sales
no requirements
(4)
Bed and breakfast homes
1 space plus 1 space for each guest room
(5)
Clubs
1 space per 28 m2 of gross floor area
(6)
Commercial recreation facilities
1 space per 50 m2 of gross floor area
(7)
Convenience stores
no requirements
(8)
Daycare centres and preschools
1 space plus 1 space per 10 people enrolled in the facility
(9)
Dwelling groups
1 space per dwelling unit plus 0.1 spaces per dwelling unit for visitors
(10) Dwelling units in conjunction with and
attached to any other permitted use
1 space per dwelling unit
(11)
Dwelling units, except those attached to
other permitted uses, and multiple unit
dwellings.
1 space per dwelling unit
(12) Dwelling units (multiple), including
apartments and street townhouse units
1 space per dwelling unit plus 0.1 space per dwelling unit set aside for
visitors
(13) Financial institutions
no requirements
(14) Gas bars
no requirements
(15) Healthcare centres
no requirements
(16) Home based businesses - type II
1 space per non-resident employee
(17) Laundromats
1 space per 28 m2 of gross floor area
(18) Medical,
dental
and
optical
laboratories
no requirements
(19) Municipal facilities
no requirements
(20) Offices and office buildings
no requirements
(21) Parking lots
no requirements
(22) Parks and playgrounds
no requirements
(23) Personal care homes
1 space per 4 beds, plus 1 space per employee
(24) Personal service shops
no requirements
(25) Photographer studios
no requirements
(26) Places of worship
3 spaces per 10 seats in main assembly area or, in cases where fixed
seating is not provided, 1 space per 7.5 m2 devoted to main assembly area
(27) Public recreational facilities
1 space per 50 m2 of gross floor area
(28) Public works
no requirements
(29) Repair services
no requirements
(30) Residential care facilities
1 space plus 1 space for each non-resident employee in the facility
(31) Restaurants
1 per 4 seats intended for patrons' use
(32) Retail stores
no requirements
(33) Veterinary clinics
1 space per 28 m2 of gross floor area
52
Table 4-5
OFF-STREET PARKING REQUIREMENTS IN INDUSTRIAL DISTRICTS
Use
M - Industrial District
(1)
Animal hospitals
1 space per 28 square metres of gross floor area
(2)
Auction markets
1 space per 50 square metres of gross floor area
(3)
Automobile, marine, recreational vehicle,
and equipment, agricultural equipment
and mobile home sales and service
establishments
1 space per 28 square metres of gross floor area
(4)
Cement and concrete plants
1 space per 50 square metres of gross floor area
(5)
Consignment centres
1 space per 50 square metres of gross floor area
(6)
Construction trades
1 space per 50 square metres of gross floor area
(7)
Dwelling units accessory to permitted
units
1 space per dwelling unit
(8)
Gas bars
1 space per 50 square metres of gross floor area
(9)
General industrial uses
1 space per 50 square metres of gross floor area
(10) Lumber yards and building supply
establishments
1 space per 50 square metres of gross floor area
(11) Municipal facilities
no requirements
(12) Nurseries, greenhouses and garden
centres
1 space per 28 square metres of gross floor area
(13) Parking lots
no requirements
(14) Parks
no requirements
(15) Public garages
1 space per 50 square metres of gross floor area, or 1 space per 3
employees, whichever is greater
(16) Public works
no requirements
(17) Seed cleaning plants and feed mills
1 space per 50 square metres of gross floor area, or 1 space per 3
employees, whichever is greater
(18) Service stations
1 space per 28 square metres of gross floor area, or 1 space per 3
employees, whichever is greater
(19) Veterinary clinics
1 space per 28 square metres of gross floor area
(20) Warehouses
1 space per 90 square metres of gross floor area
(21) Wholesale establishments
1 space per 50 square metres of gross floor area
53
Table 4-6
OFF-STREET PARKING REQUIREMENTS IN INDUSTRIAL DISTRICTS
Use
PR - Parks & Recreational
District
FUD - Future Urban Development
District
(1)
Agricultural fair grounds
---
no requirements
(2)
Agricultural uses
---
no requirements
(3)
Cemeteries
no requirements
---
(4)
Community centres
1 space per 50 m2 of gross floor area
---
(5)
Cultural institutions
1 space per 50 m2 of gross floor area
---
(6)
Golf courses
no requirements
no requirements
(7)
Home based business -
type II
---
1 space per non-resident employee
(8)
Intensive agricultural uses. 1 space per 50 m2 of gross floor area
---
(9)
Municipal facilities
no requirements
no requirements
(10) Nature interpretation trails
and associated facilities
no requirements
---
(11) Nurseries, greenhouses
and garden centres
1 space per 50 m2 of gross floor area
---
(12) Public recreation facilities 1 space per 50 m2 of gross floor area
---
(13) Public works
no requirements
no requirements
(14)
Radio,
television
and
t e l e c o m municati o n s
towers
and
ancillary
facilities
---
no requirements
(15) S a n d
a n d
g r a v e l
operations
---
no requirements
(16) Single detached dwellings ---
1 space per dwelling
(17) Sports fields, parks and
playgrounds
no requirements
no requirements
(18) Tourist campgrounds
1 space per 28 m2 of gross floor area of all
buildings
---
(19) Tourist
information
centres and booths
1 space per 28 m2 of gross floor area
---
(20)
Walking, hiking and/or ski
trails
and
associated
facilities
no requirements
---
54
4.10 SIGNS
All signs shall be subject to the following regulations:
4.10.1 General
(1)
In addition to signs permitted as set out below, temporary election signs, and
temporary signs bearing notice of sale or lease or other information relating to a
temporary condition affecting the property, are permitted.
(2)
Signs shall not be located in sight triangles for intersections or driveways or in
such a manner that they visually obstruct sight triangles or otherwise jeopardize
public safety.
(3)
Except as otherwise provided, no sign shall project beyond the property lines of
the site to which it pertains.
(4)
Subject to the general provisions governing their location, directional signs
providing on-site directions for the convenience and safety of persons using the
site shall be permitted.
(5)
Permitted home based businesses may display one (1) fascia sign, not exceeding
0.4 m2 in area, identifying the name of the home based business. Such sign shall
not be illuminated and shall be affixed to the principal building. (Note: On
multiple unit residential buildings, other permission may be required to display a
home based business sign and no right to place such a sign in such situations is
conveyed in this Bylaw.)
4.10.2 Application for Permits
(1)
Applications for sign permits must be made in writing to the Development
Officer by the owner, lessee or authorized agent of the building or premises on
which the sign is to be erected. The written application shall be accompanied by
plans, specifications, construction details and other information sufficient to
inform the Development Officer of the exact nature and location of the intended
sign.
(2)
Prior to issuing a sign permit for a free standing, projecting or roof sign, the
Development Officer may require that the supplementary documentation
described in (1) above, contain the professional stamp of a certified professional
engineer qualified to certify that the sign design satisfies all relevant legislation,
codes and Bylaws.
4.10.3 Licensing of Portable Signs
(1)
Portable signs intended for rental or lease at more than one site during a one-year
period, or located at more than one site during a one-year period must be
licensed.
55
(2)
The annual license shall be in the form of a license sticker which must be affixed
anywhere on the top one-third of the sign on the end or face closest to the street.
(3)
A license sticker is not transferable from one portable sign to another.
4.10.4 Permit and License Fees
(1)
Permanent signs
$30.00 for the first $5,000 of sign construction value; and,
$5.00 for every $1,000 of sign construction value in excess of $5,000.
(2)
Portable signs
an annual license fee of $25.00
(3)
Highway Corridor signs
An annual fee of $50 is due the first day of April every year, payable to the Town
of Waldheim, unless the sign is owned by the municipality.
4.10.5 Denying or Revoking Permits
(1)
The Development Officer may deny or revoke a sign permit for any of the
following reasons:
(a)
erection of the sign has not commenced within three months from the
date of issue of the permit;
(b)
the sign does not conform to all relevant provisions of this Bylaw;
(c)
the sign being constructed or erected does not conform to the approved
drawings; and/or,
(d)
the sign is not in a proper state of repair.
4.10.6 On any site in any Parks and Recreation District, Future Urban Development District or
Residential Districts, signs may be erected as follows
(1)
Sign provisions applying to permitted principal residential uses, commercial uses
and community service uses in any Residential district, the Future Urban
Development District or the Parks and Recreation District are set out in Table
4-7. The following provisions also apply:
(a)
No roof signs shall be permitted;
56
(b)
Illuminated signs shall have a steady internal light source or a steady
external light source shielded so that the light is directed only at the face
of the sign;
(c)
Signs applying to community service uses must not be illuminated
between the hours of 11:00 p.m. and 7:00 a.m.; and,
(d)
Signs applying to community service uses must not display advertising
of any commercial service or product.
Table 4-7
SIGN REGULATIONS IN PARKS AND RECREATION, FUTURE URBAN DEVELOPMENT
AND RESIDENTIAL DISTRICTS
Use
Max. # of
Signs
Max. Total
Sign Face
Area (m2)
Max # of
Freestanding
Signs
Max. Height of
Freestanding
Signs (m)
Max Sign Face Area for
Freestanding Signs
(m2)
Per Face
Total
All principal residential uses for which a
permit has been issued
1 (1)
0.4 (1)
0
n/a
n/a
n/a
All principal commercial uses for which a
permit has been issued
2
6
1
2.5
2
4
All principal community service uses for
which a permit has been issued
2
10
1
3
2.5
5
(1)
Multiple unit dwellings and dwelling groups are permitted one additional sign, up to one (1) square metre in
area, showing the name of the building or group.
4.10.7 On any site in the Community Service and Mixed Use Districts, signs may be erected as
follows:
(1)
Sign provisions applying to permitted principal community service uses,
residential uses and commercial uses in the Community Service District are set
out in Table 4-8. The following provisions also apply:
(a)
No roof signs shall be permitted;
(b)
Illuminated signs shall have a steady internal light source or a steady
external light source shielded so that the light is directed only at the face
of the sign; and,
(c)
Signs applying to community service uses must not display advertising
of any commercial service or product.
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Table 4-8
SIGN REGULATIONS IN COMMUNITY SERVICE DISTRICT
Use
Max. # of
Signs
Max. Total Sign
Face Area (m2)
Max # of
Freestand
ing Signs
Max.
Height of
Freestandi
ng Signs
(m)
Max Sign Face
Area for
Freestanding
Signs (m2)
Per
Face
Total
All principal community service uses
for which a permit has been issued
3
18
1
3
6
12
All principal residential uses for
which a permit has been issued
1 (1)
0.4 (1)
0
n/a
n/a
n/a
All principal residential uses for
which a permit has been issued
2
18
1
6
6
12
(1)
Multiple unit dwellings and dwelling groups are permitted one additional sign, up to one (1) square metre in
area, showing the name of the building or group.
4.10.8 In any site in any Commercial or Industrial District, signs may be erected as follows:
(1)
Sign provisions applying to permitted principal commercial / industrial uses,
community service uses and residential uses are set out in Table 4-9. The
following provisions also apply:
(a)
Illuminated signs applying to commercial / industrial or community
service uses shall have an internal light source or an external light source
shielded so that the light is directed only at the face of the sign;
(b)
A free standing sign applying to a commercial / industrial use may be
located in a required yard provided that the Development Officer is
satisfied that it does not create an obstruction to vehicle or pedestrian
traffic or a hazard to public safety;
(c)
Free standing signs shall maintain a minimum vertical clearance of 3.0 m
above grade over any vehicle circulation area on the site;
(e)
Signs other than free standing signs shall have a minimum vertical
clearance of 2.7 m above grade where they project more than 7.5 cm
from the building face;
(f)
Awning signs shall not project more than 1.8 m from the building face;
(g)
Projecting signs shall not project more than 1.8 metres above the eaves
or parapet of a supporting building;
(h)
Except in the C1 - Commercial District, no sign shall project beyond the
property lines of the site to which it pertains;
(i)
In the C1 - Commercial District only, no projecting sign may project
perpendicularly from the property line more than 3.0 metres or beyond a
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point 0.6 metres from the building side of the curb line, whichever is less;
(j)
In the C1 - Commercial District only, no projecting sign may be
suspended less than 2.6 metres above the surface of a public sidewalk or
pedestrian right-of-way;
(k)
Roof signs are permitted only on a principal building on any site and
only one roof sign shall be permitted on each principal building; and,
(l)
No portion of any roof sign may project beyond any exterior wall or
parapet of the building upon which it is placed.
Table 4-9
SIGN REGULATIONS IN COMMERCIAL AND INDUSTRIAL DISTRICTS
Use
Max. # of
Signs
Max. Total
Sign Face
Area (m2)
Max # of
Freestanding
Signs
Max. Height of
Freestanding
Signs (m)
Max Sign Face Area
for Freestanding
Signs (m2)
Per Face
Total
All principal commercial / industrial uses
for which a permit has been issued
n/a
n/a
(1)
(2)
(3)
(3)
All principal community service uses for
which a permit has been issued
3
18
1
3
6
12
All principal residential uses for which a
permit has been issued
1 (4)
0.4 (4)
0
n/a
n/a
n/a
(1)
In the C1 - Commercial District, a maximum of one free standing sign shall be permitted on sites with a
minimum site width of 20 metres.
In the C2 - Commercial and M - Industrial Districts, a maximum of one free standing sign shall be permitted.
(2)
In the C1 - Commercial District: 6 metres
In the C2 - Commercial and M - Industrial Districts: 10 metres
(3)
In the C1 - Commercial District: maximum 5 square metres sign face area and 10 square metres total sign
face area.
In the C2 - Commercial and M - Industrial Districts: 9 square metres sign face area and 18 square metres total
sign face area.
(4)
Multiple unit dwellings and dwelling groups are permitted one additional sign, up to one (1) square metre,
showing the name of the building or group.
4.10.9 Portable Sign Regulations
(1)
No portable sign shall have a single face area greater than 6.0 m2.
(2)
No portable sign shall have a height greater than 3.0 metres above grade.
(3)
No portable sign shall occupy any space required for off-street parking unless the
site contains off-street parking in excess of that required under this Bylaw.
(4)
On any single site, no portable sign may be located closer than 20.0 metres from
any other portable sign.
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4.11 HOME-BASED BUSINESSES - TYPE I AND TYPE II
4.11.1 All applications for home based businesses must be considered as a Type I or Type II
Home Based Business. The development standards for Type I and Type II home based
businesses are contained in Sections 4.10.4 and 4.10.5.
4.11.2 Without limiting the authority of the Development Officer to approve other types of
home based business applications, the following uses are specifically permitted as home
based businesses, subject to the applicable development standards contained within
Sections 4.10.4 and 4.10.5:
(1)
art restoration;
(2)
beauty parlours, barber shops;
(3)
the creation of crafts for sale off-site, such as novelties and souvenirs, corsage
and flower arrangements, gift baskets, and other handicrafts including but not
limited to ceramics, pottery, leather goods and jewellery;
(4)
dressmaker, seamstress, or tailor;
(5)
electrology, acupuncture, reflexology, and massage therapy;
(6)
the instruction of art, dancing, or music, limited to no more than three students at
a time;
(7)
office of a professional, or one who offers skilled services to clients and is not
engaged in the sale of goods or products to clients;
(8)
a photography studio;
(9)
typing, word processing, and computer programming services.
4.11.3 Without limiting the authority of the Development Officer to deny applications for other
types of home based businesses which do not meet the requirements of this Bylaw, the
following uses are prohibited as home based businesses, whether or not applications for
such uses would otherwise comply with the applicable standards of this Bylaw:
(1)
businesses utilizing large power tools and machinery, or businesses involved in
the mass production of similar items or products.
(2)
restaurants or tea rooms.
(3)
health or fitness clubs.
(4)
headquarters or base of operations of a trucking, delivery, or towing operation.
(5)
hotels and hospitals.
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(6)
laundry services.
(7)
motion picture or recording studios.
(8)
the painting, repairing, refitting, cleaning, refurbishing, or selling of motor
vehicles or machinery.
(9)
rental services.
(10)
upholstery services.
(11)
veterinary services, boarding or care of animals.
(12)
welding or metal works.
4.11.4 The following development standards shall apply to all Type I Home Based Businesses:
(1)
No persons other than residents of the dwelling shall be employed in the home
based businesses on the site.
(2)
Home based businesses shall be conducted entirely indoors, and no more than
20% of the gross floor area of the dwelling, including the area of the basement
and any attached garage, up to a maximum of 30 m2, may be occupied by home
based businesses.
(3)
An attached garage or detached accessory building may be occupied by a home
based business, provided that the total area devoted to home based businesses
does not exceed 30 m2 on the site, and that no required parking spaces associated
with the principal use are occupied by home based businesses.
(4)
There shall be no exterior storage on the site in relation to the home based
business, and no exterior alterations shall be permitted that are not consistent
with the residential character of the buildings and property except for one
permitted sign.
(5)
No noise, vibration, smoke, dust, odours, heat, glare, electrical, television or
radio interference detectable beyond the boundaries of the building containing
the home based business shall be produced.
(6)
No more than one business related vehicle with a gross vehicle weight of no
more than 5,000 kg and a total length of no more than 6.0 metres may be stored
on or in the vicinity of the site.
(7)
Regardless of the number of home based businesses that may be located on any
one site, a total of no more than seven (7) client or business related visits per day
shall be made to home based businesses on any one site, and no deliveries of
merchandise, goods or equipment shall be made to the businesses by a vehicle
with a gross vehicle weight of more than 5,000 kg, or by a vehicle with a total
length of more than 6.0 metres.
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(8)
A total of no more than 2.0 cubic metres of storage may be permitted within a
dwelling on any one site, and a total of no more than 4.0 cubic metres of storage
may be permitted within an attached or detached accessory building in relation to
home based businesses. No storage of hazardous, explosive or flammable
materials shall be permitted in relation to a home based business.
4.11.5 The following development standards shall apply to all Type II Home Based Businesses:
(1)
In accordance with the definition of a Type II home based business, no more than
one non-resident person shall be employed in relation to home based businesses
on any one site.
(2)
Home based businesses shall be conducted entirely indoors, and no more than
20% of the gross floor area of the dwelling, including the area of the basement
and any attached garage, up to a maximum of 40 m2, may be occupied by home
based businesses.
(3)
An attached garage or detached accessory building may be occupied by home
based businesses, provided that the total area devoted to home based businesses
does not exceed 40 m2 on the site, and that no required parking spaces associated
with the principal use are occupied by home based businesses.
(4)
There shall be no exterior storage on the site in relation to the home based
business, and no exterior alterations shall be permitted that are not consistent
with the residential character of the building and property except for one
permitted sign.
(5)
No noise, vibration, smoke, dust, odours, heat, glare, electrical, television or
radio interference detectable beyond the boundaries of the building containing
the home based business shall be produced.
(6)
One off-street parking space shall be required for a non-resident employee, and
this space may be located in a required front yard. Additional off-street parking
spaces may be required, where in the opinion of the Development Officer, due to
the nature of the business or the site, the provision of parking is necessary to
maintain the residential character of the area. The siting and screening of all
required parking spaces shall be undertaken to the satisfaction of Council.
(7)
No more than one business related vehicle with a gross vehicle weight of no
more than 5,000 kg and a total length of no more than 6.0 metres may be stored
on or in the vicinity of the site.
(8)
Regardless of the number of home based businesses that may be located on any
one site, a total of no more than fourteen (14) client or business related visits per
day shall be made to home based businesses on any one site, and no deliveries of
merchandise, goods or equipment shall be made to the businesses by a vehicle
with a gross vehicle weight of more than 5,000 kg, or by a vehicle with a total
length of more than 6.0 metres.
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(9)
A total of no more than 2.0 cubic metres of storage may be permitted within a
dwelling on any one site, and a total of no more than 4.0 cubic metres of storage
may be permitted within an attached or detached accessory building in relation to
home based businesses. No storage of hazardous, explosive or flammable
materials shall be permitted in relation to a home based business.
4.12 SPECIAL REGULATIONS AND STANDARDS
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.
4.12.1 Adult Day Care Facilities - Type I and Type II
(1)
Adult day care facilities may be approved as an ancillary use or as a principal
use.
(2)
In any residential district, no exterior alterations shall be undertaken to a
dwelling or former dwelling which would be inconsistent with the residential
character of the building or property.
(3)
Required parking spaces shall not be located in a required front yard.
(4)
In addition to the development standards of the zoning district, adult day care
facilities that are listed as discretionary uses shall be evaluated and developed in
accordance with Section 3.10 of this Bylaw.
4.12.2 Bed and Breakfast Homes
(1)
A bed and breakfast home may be located in a detached one unit dwelling or in a
two-unit dwelling. No exterior alterations shall be undertaken which would be
inconsistent with the residential character of the building or property.
(2)
Notwithstanding Sections 4.9.4.(2) and 4.9.6 (2), required parking spaces may be
permitted in a front yard.
(3)
Section 3.10 of this Bylaw shall apply to the review and approval of bed and
breakfast homes.
(4)
The operator of the bed and breakfast lodging may advertise with a sign subject
to Section 4.10.
4.12.3 Custodial Care Facilities, Residential Care Facilities and Personal Care Homes
(1)
Custodial care facilities, residential care facilities - type I and type II - and
personal care homes may be approved as an ancillary use or as a principal use.
(2)
In any residential district, no exterior alterations shall be undertaken to a
dwelling or former dwelling which would be inconsistent with the residential
character of the building or property.
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(3)
Required parking spaces shall not be located in a required front yard.
(4)
No building or structure used for the purpose of a custodial care facility or a
residential care facility shall also be used for the purpose of keeping boarders or
lodgers.
(5)
In addition to the development standards of the zoning district, custodial care
facilities and residential care - type I and type II - facilities that are listed as
discretionary uses shall be reviewed and approved in accordance with Section
3.10 of this Bylaw.
4.12.4 Day Care Centres and Pre-Schools
(1)
Day care centres and pre-schools may be approved as an ancillary use or as a
principal use. In any residential district, no exterior alterations shall be
undertaken to a dwelling or former dwelling which would be inconsistent with
the residential character of the building or property.
(2)
Required parking spaces shall not be located in a required front yard.
(3)
In addition to the development standards contained within the zoning district,
Section 3.10 of this Bylaw shall apply to the review and approval of day care
centres and pre-schools which are listed as discretionary uses.
4.12.5 Dwelling Groups - also refer to Section 3.10.4 (4)
(1)
The minimum side yard of 3.5 m or ½ the building height shall be measured from
the closest main wall of the principal building closest to the side site line.
(2)
All principal buildings forming part of the group shall be located at least 3.5 m
from any other principal building in the group.
(3)
The site area shall provide at least 370 square metres for each dwelling unit in the
group located at grade level plus 65 square metres for any dwelling unit located
above the main floor.
(4)
Council may apply special development standards regarding "yard requirements"
to reduce conflict with neighbouring uses.
4.12.6 Fuel Storage Tanks, Above Ground
(1)
Above-ground fuel storage tanks which meet the standards of the National Fire
Code and which have a maximum capacity of 50,000 litres may be permitted in
association with service stations, gas bars and other permitted industrial or
commercial uses where the dispensing of fuel to vehicles is a standard aspect of
the use.
(2)
The total storage capacity for above-ground fuel storage tanks on any
single service station or gas bar site shall not exceed:
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(a)
150,000 litres for flammable liquids (gasoline);
(b)
100,000 litres for combustible liquids (diesel fuel); or,
(c)
100,000 litres of propane.
(3)
Above-ground fuel storage tanks shall be:
(a)
for uses other than service stations and gas bars, located at least 3.0
metres from any property line or building, the 3.0 metre separation
distance may be reduced to 1.0 metre for tanks with a capacity of 5,000
litres or less;
(b)
for service stations and gas bars, located at least 6.0 metres from any
property line or building;
(c)
separated from each other and be accessible for fire fighting purposes to
the satisfaction of the Development Officer; and,
(d)
at least 15 metres from the boundary of any site within a Residential
district.
(4)
For uses other than service stations and gas bars, the dispensing equipment
associated with above-ground fuel storage tanks shall be located at least 3.0
metres from any property line, at least 7.5 metres from any open flame or other
ignition source, and at least 4.5 metres from any door or window.
(5)
For service stations and gas bars, the dispensing equipment associated with
above-ground fuel storage tanks shall be located at least 6.0 metres from any
property line, at least 7.5 metres from any open flame or other ignition source,
and at least 4.5 metres from any door or window.
(6)
Above-ground fuel storage tanks shall be protected from vehicles with suitable
posts, guardrails or other similar means.
(7)
At service stations and gas bars, above-ground fuel storage tanks which are
located in view of a front or flanking street shall be landscaped or screened to the
satisfaction of the Development Officer.
(8)
The maximum height of an above-ground fuel storage tank shall be limited to the
maximum permitted height of a free-standing sign in the zoning district.
(9)
Painted lettering or other forms of signage may be located on above-ground fuel
storage tanks subject to the sign regulations in the zoning district.
4.12.7 Garden Suites
(1)
The maximum height for a garden suite shall be 7.5 m, and in no case shall the
garden suite be higher than the primary building.
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(2)
The maximum floor area of a garden suite shall be 38 m2.
(3)
The minimum side yard for a detached garden suite shall be 1.2 m.
(4)
On a corner site where the garden suite abuts a flanking public road other than a
lane, the required side yard shall not be less that required for the principal
structure.
(5)
No more than one garden suite shall be developed in conjunction with a single
detached dwelling.
(6)
One on - site parking space, in addition to other required parking for the site ,
shall be provided for a garden suite.
(7)
A garden suite must be connected to the water and sewer services of the principal
residential building.
(8)
Other services (electrical, natural gas, cable, telephone) can be connected to
either the services of the primary building or be serviced separately.
4.12.8 Gas Bars
(1)
Where operated as the principal use on a site, gas bars are subject to the
regulations and standards for service stations.
(2)
Where a gas bar is allowed to operate in conjunction with another use on a site,
the following standards and regulations apply:
(a)
All fuel pumps and above ground storage tanks shall be at least five
metres from any building on the site, and six metres from any site line;
(b)
The site shall have at least two separate entrances for vehicles, at least 15
metres apart; and,
(c)
Access to, and parking for, fuel dispensing apparatus shall not obstruct
access to the site, or other required off street parking spaces on the site.
4.12.9 Parking Lots
(1)
No sign of any kind, other than those designating the parking lot name,
entrances, exits, or conditions of use, may be erected or maintained.
(2)
All lighting fixtures must be oriented in a manner to direct the light away from
adjacent lots.
(3)
A durable surface must be provided and maintained and the lot must be graded to
dispose of all surface water.
(4)
Parking lots shall be landscaped to improve the visual appearance of the site.
66
(5)
Where parking lot abuts a residential property boundary a minimum landscape
buffer of 2.0 metres shall be provided.
4.12.10 Service Stations
(1)
Fuel pumps and other apparatus for dispensing or storage of fuel, located all or
partly above grade level, shall be at least six metres from a site line.
(2)
All automobile parts, dismantled vehicles and similar articles or equipment are to
be stored within a building.
(3)
Where service stations occupy a corner site, only one access point shall be on the
flanking street.
4.13 SERVICING
4.13.1 Holding tanks, septic tanks and wells are not allowed in the areas of the Town which can
be serviceable from existing municipal water and sewer lines.
4.13.2 Developments outside the serviceable areas shall be connected to a private sewage
disposal system approved by the authority responsible for approval of such systems under
The Public Health Act, 1994.
4.14 STORAGE OF MATERIALS AND UNLICENSED OR INOPERATIVE
MOTOR VEHICLES IN RESIDENTIAL DISTRICTS
In any Residential District:
4.14.1 No front yard shall be used for the storage of unlicensed or uninsured motor vehicles or
of materials or goods of any type.
4.14.2 No yard shall be used for storage or collection of hazardous material.
4.14.3 No yard or portion thereof shall be used for the storage of machinery not normally used
for the maintenance of the residential property.
4.14.4 Outside storage of partially dismantled or inoperative motor vehicles is not permitted.
4.14.5 Only one unlicensed or uninsured motor vehicle may be stored outdoors on a residential
site.
4.15 DEVELOPMENT ON HAZARD LANDS
4.15.1 Prior to a proposed development or subdivision is to be located on what Council
considers may be hazard land, the applicant shall submit a report prepared by a qualified
professional. The report shall assess the hazard land, the suitability of the land for the
proposed development or subdivision and, identify any required mitigation measures.
67
4.15.2 Actions identified, in a report prepared pursuant to Section 4.15.1, for prevention,
change, mitigation or remedy may be incorporated as conditions to issuance of any
development permit that may be issued. Council shall refuse a permit for any
development for which, in Council's opinion, the proposed actions are inadequate to
address the conditions present on the hazard land or will result in excessive municipal
costs.
4.16 BUILDINGS OR USES OCCUPYING MORE THAN ONE LOT
Where an application is made for development of a building or use that will occupy more than
one lot as herein defined, the parcel of land comprised of said lots shall be considered a site for
the purposes of administering this Bylaw.
4.17 EXISTING NONCONFORMING BUILDINGS AND SITES
Where a building has been erected on or before the effective date of this Zoning Bylaw on a site
having less than the minimum site width or area, or having less than the minimum front yard, side
yard or rear yard required or more than the maximum site coverage permitted in this Zoning
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, side yard or rear yard or further increase the site coverage that does not conform to
this Zoning Bylaw.
(2)
all other applicable provisions of this Zoning Bylaw are satisfied.
4.18 FRONTAGE ON ROAD
No development permit shall be issued unless the site intended to be used, or upon which a
building or structure is to be erected, abuts or has frontage on and access to an existing public
road.
4.19 BUILDING TO BE MOVED
No building shall be moved within or into the Town of Waldheim without the issuance of a
development permit unless such building is exempt under Section 3.2.2 of this Zoning Bylaw.
4.20 DEMOLITION OF BUILDINGS
No building shall be demolished within the Town of Waldheim without the issuance of a
demolition permit, unless it is exempt under Section 3.2.2.
4.21 GRADING AND LEVELLING OF SITES
Any site for which a development permit has been issued shall be graded and levelled at the
applicant's expense to provide for surface drainage which does not adversely affect adjacent
property.
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4.22 GARAGE AND YARD SALES
(1)
Garage or yard sales may be undertaken on any site in a Residential or Community
Service zoning district provided the sale is conducted by a resident of the dwelling on the
subject site, or by a non-profit group associated with a place of worship, public school,
community association or other similar group or organization.
(2)
No more than four (4) sales may be conducted from one site in one calendar year, and
any one sale may not last for more than three consecutive days.
4.23 WATER
No development or use of land shall be permitted where the proposal will adversely affect
domestic and municipal water supplies, or where a suitable, potable water supply cannot be
furnished to the requirements of the Regional Health Authority and the Saskatchewan Watershed
Authority.
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SECTION 5
ZONING DISTRICTS
5.1
CLASSIFICATION OF ZONING DISTRICTS
In order to carry out the purpose and provisions of this Bylaw, the Town 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 symbols.
Districts
Symbols
Low Density Residential
R1
Large Lot Residential
R2
Medium Density Residential
R3
Community Service
CS
Community Centre Commercial
C1
Highway Commercial
C2
Mixed Use
MU
Industrial
M
Parks and Recreation
PR
Future Urban Development
FUD
5.2
THE ZONING DISTRICT MAP
The map, bearing the statement "This is the Zoning District Map referred to in Bylaw No.
" adopted by the Council and signed by the Mayor and Administrator, and under the seal of the
Town shall be known as the "Zoning District Map" and such map is declared to be an integral
part of this Bylaw.
5.3
BOUNDARIES OF ZONING DISTRICTS
5.3.1
The boundaries of such districts referred to, together with explanatory legend, notation
and reference, are shown on the map entitled "Zoning District Map".
5.3.2
All streets, lanes and road allowances, if not otherwise specifically designated, shall be
deemed to be in the same zoning district as the property immediately abutting upon such
streets, lanes and road allowances. If the land abutting each side of a street, lane or road
allowance is located in different zoning districts, the centre line of such street, lane or
road allowance shall be deemed to be the district boundary, unless otherwise specifically
designated.
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5.3.3
Streets, lanes, and road allowances which are shown on the Zoning District Map and
which have been permanently closed pursuant to Section 13 of The Municipalities Act,
shall be in the same district as the land abutting both sides of the permanently closed
street, lane or road allowance. If the land abutting each side of the permanently closed
street, land or road allowance was located in different zoning districts before the said
street, lane or road allowance was permanently closed, the centre line of such
permanently closed street, lane or road allowance shall be deemed to be the district
boundary, unless otherwise specifically designated.
5.3.4
In unsubdivided land, the zoning district boundary shall be determined by the scale
shown on the Zoning District Map.
5.4
ZONING DISTRICTS
The uses or forms of development allowed within a zoning district, along with regulations or
standards which apply, are contained in the District Schedules in Section 6.
5.5
PROPERTIES WITH MORE THAN ONE ZONING DISTRICT
Where a site or lot is divided into more than one zoning district, the development and use of any
portion of the site shall be in accordance with the requirements of the applicable zoning district
and subject to Section 4.3 herein.
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SECTION 6
DISTRICT SCHEDULES
6.1
R1 - LOW DENSITY RESIDENTIAL DISTRICT
6.1.1
Purpose
The objective of the R1 - Low Density Residential District is to provide for residential
development in the form of single detached dwellings and for other compatible uses.
6.1.2
Permitted and Discretionary Uses
Uses are listed and designated in Table 6-1
6.1.3
Accessory Uses
(1)
Accessory buildings and uses shall be permitted subject to Section 4.8.
6.1.4
Standards and Regulations
(1)
Site and building requirements are shown in Table 6-1.
6.1.5
Standards for Discretionary Uses
Council will consider discretionary use applications in the R1 - Low Density Residential
District with respect to Section 3.10.3 General Discretionary Use Evaluation Criteria,
Section 3.10.4 Use Specific Discretionary Use Evaluation Criteria, as may be applicable,
and additional evaluation criteria and development standards that follows in this section:
(1)
Off street parking spaces for adult day care, day care centres, pre-school
nurseries, residential care facilities - type I, schools and places of worship, shall
be located in a side or rear yard and be screened if they are adjacent to a site used
for residential purposes.
6.1.6
Exceptions to Development Standards
(1)
Where, on a corner site, a side yard of at least 6 metres is provided along the
flanking street for a single detached dwelling, the minimum rear yard
requirement is reduced to 3 metres.
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Table 6-1
R1 - LOW DENSITY RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS
for the Town of Waldheim
Principal Use
Development Standards
Designation
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum
Front Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Site
Coverage (%)
Residential Uses
(1)
Garden suites
D
4.12.7
450 (1)
15 (6)
7.5
1.5 (7)
4.5
(10)
50
(2)
Mobile homes
D
315 (2)
15 (6)
7.5
1.5 (7)
4.5
46
50
(3)
Semi-detached dwellings
P
315 (2)
10.5 (4)
7.5
1.5 (7)(8)
4.5
46
60
(4)
Single detached dwellings
P
450 (1)
15 (6)
7.5
1.5 (7)
4.5
70
50
(5)
Two unit dwellings
P
630 (3)
21 (5)
7.5
1.5 (7)
4.5
92
50
Commercial Uses
(1)
Adult day care - type I
P
4.12.1
450 (1)
15 (6)
7.5
1.5 (7)
4.5
70
50
(2)
Adult day care - type II
D
4.12.1
450 (1)
15 (6)
7.5
1.5 (7)
4.5
70
50
(3)
Bed and breakfast homes
D
4.12.2
450 (1)
15 (6)
7.5
1.5 (7)
4.5
70
50
(4)
Clubs
D
3.10.4 (3)
450
15
7.5
3 (9)
4.5
70
50
(5)
Convenience stores
D
3.10.4 (2)
450
15
7.5
3 (9)
4.5
70
50
(6)
Daycare centres and preschools
D
4.12.4
450 (1)
15 (6)
7.5
1.5 (7)
4.5
70
50
(7)
Home based business - type I
P
4.11
(8)
Home based business - type II
D
4.11
(9)
Personal care homes - type I and type II
D
4.12.3
450 (1)
15 (6)
7.5
1.5 (7)
4.5
70
50
(10)
Residential care facilities - type I and type II
D
4.12.3
450 (1)
15 (6)
7.5
1.5 (7)
4.5
70
50
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Community centres
P
3.10.4 (3)
450
15
7.5
3 (9)
4.5
70
50
(2)
Municipal facilities
P
no min
no min
no min
no min
no min
no min
no max
(3)
Parks and playgrounds
P
no min
no min
no min
no min
3
no min
no max
(4)
Place of worship
P
3.10.4 (3)
450
15
7.5
3 (9)
4.5
70
50
(5)
Public schools
P
3.10.4 (3)
no min
no min
7.5
3 (9)
4.5
no min
no max
(6)
Public works excluding offices, warehouses, storage yards and
sewage lagoons
P
no min
no min
no min
no min
no min
no min
no max
73
Use Designations:
(P) - Permitted Use
means a use or form of development allowed as of right in a
zoning district, subject to the regulations contained in this Bylaw.
(D) - Discretionary Use
A use or form of development specified in this Bylaw, which may be allowed following application to,
and approval of the Council; and which complies with the development standards laid out in Section
6.1.5 and others as required by Council and/or contained in this Bylaw.
Special limitation and standards regarding Table 6-1 and the R1 - Low Density Residential District:
(1)
unless site is served by a lane, in which case 360 square metres
(2)
unless site is served by a lane, in which case 255 square metres
(3)
unless site is served by a lane, in which case 510 square metres
(4)
unless site is served by a lane, in which case 8.5 metres
(5)
unless site is served by a lane, in which case 17 metres
(6)
unless site is served by a lane, in which case 12 metres
(7)
except for corner sites, where it shall be 3 along the flanking street
(8)
except that no side yard shall be required where a common wall divides two dwelling units
(9)
or ½ the average building height, whichever is greater
(10)
garden suites shall not exceed 69m2
74
6.2
R2 - LARGE LOT RESIDENTIAL DISTRICT
6.2.1
Purpose
The objective of the R2 - Large Lot Residential District is to accommodate single
detached residential dwellings on large lots and other compatible uses.
6.2.2
Permitted and Discretionary Uses
Uses are listed and designated in Table 6-2
6.2.3
Accessory Uses
(1)
Accessory buildings and uses shall be permitted subject to Section 4.8.
6.2.4
Standards and Regulations
(1)
Site and building requirements are shown in Table 6-2.
6.2.5
Standards for Discretionary Uses
Council will consider discretionary use applications in the R2 - Large Lot Residential
District with respect to Section 3.10.3 General Discretionary Use Evaluation Criteria,
Section 3.10.4 Use Specific Discretionary Use Evaluation Criteria, as may be applicable,
and additional evaluation criteria and development standards that follows in this section:
(1)
Off street parking spaces for adult day care, day care centres, pre-school
nurseries, residential care facilities - type I, schools and places of worship, shall
be located in a side or rear yard and be screened if they are adjacent to a site used
for residential purposes.
6.2.6
Exceptions to Development Standards
(1)
Where, on a corner site, a side yard of at least 6 metres is provided along the flanking
street for a single detached dwelling, the minimum rear yard requirement is reduced to 3
metres.
75
Table 6-2
R2 - LARGE LOT RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS
for the Town of Waldheim
Principal Use
Development Standards
Designation
Subject to
Sections
Minimum Site
Area (ha)
Minimum Site
Width (m)
Minimum
Front Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Site
Coverage (%)
Residential Uses
(1)
Garden suites
D
4.12.7
0.4
40
7.5
5
7.5
(2)
50
(2)
Mobile homes
D
0.4
40
7.5
5
7.5
70
50
(3)
Single detached dwellings
P
0.4
40
7.5
5
7.5
70
50
Commercial Uses
(1)
Adult day care - type I
P
4.12.1
0.4
40
7.5
5
7.5
70
50
(2)
Adult day care - type II
D
4.12.1
0.4
40
7.5
5
7.5
70
50
(3)
Bed and breakfast homes
D
4.12.2
0.4
40
7.5
5
7.5
70
50
(4)
Daycare centres and preschools
D
4.12.4
0.4
40
7.5
5
7.5
70
50
(5)
Home based business - type I
P
4.11
(6)
Home based business - type II
D
4.11
(7)
Personal care homes - type I and type II
D
4.12.3
0.4
40
7.5
5
7.5
70
50
(8)
Residential care facilities - type I and type II
D
4.12.3
0.4
40
7.5
5
7.5
70
50
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Community centres
P
3.10.4 (3)
450
15
7.5
3 (1)
4.5
no min
50
(2)
Municipal facilities
P
no min
no min
no min
no min
no min
no min
no max
(3)
Parks and playgrounds
P
no min
no min
no min
no min
3
no min
10
(4)
Place of worship
P
3.10.4 (3)
450
15
7.5
3 (1)
4.5
no min
50
(5)
Public schools
P
3.10.4 (3)
no min
no min
7.5
3 (1)
4.5
no min
no max
(6)
Public works excluding offices, warehouses, storage yards and
sewage lagoons
P
no min
no min
no min
no min
no min
no min
no max
76
Use Designations:
(P) - Permitted Use
means a use or form of development allowed as of right in a
zoning district, subject to the regulations contained in this Bylaw.
(D) - Discretionary Use
A use or form of development specified in this Bylaw, which may be allowed following application to,
and approval of the Council; and which complies with the development standards laid out in Section
6.2.5 and others as required by Council and/or contained in this Bylaw.
Special limitation and standards regarding Table 6-2 and the R2 - Large Lot Residential District:
(1)
or ½ the average building height, whichever is greater
(2)
garden suites shall not exceed 69m2
77
6.3
R3 - MEDIUM DENSITY RESIDENTIAL DISTRICT
6.3.1
Purpose
The objective of the R3 - Medium Density Residential District is to provide for
residential development in the form of single detached, semi-detached, two-unit
dwellings, multiple-unit dwellings, dwelling groups and for other compatible uses.
6.3.2
Permitted and Discretionary Uses
Uses are listed and designated in Table 6-3.
6.3.4
Accessory Uses
(1)
Accessory buildings and uses shall be permitted subject to Section 4.8.
6.3.5
Standards and Regulations
(1)
Site and building requirements are shown in Table 6-3.
6.3.6
Standards for Discretionary Uses
Council will consider discretionary use applications in the R3 - Medium Density
Residential District with respect to Section 3.10.3 General Discretionary Use Evaluation
Criteria, Section 3.10.4 Use Specific Discretionary Use Evaluation Criteria, as may be
applicable, and additional evaluation criteria and development standards that follows in
this section:
(1)
Ambulance stations subject to the additional evaluation criteria:
(a)
The site shall be accessible from a major road network to avoid heavy
traffic volumes on residential access roads.
(b)
Consideration shall be given to the location of entry and exit
points
of the site and their relationship with existing intersections and adjacent
residential units.
.
(2)
Off street parking spaces for adult day care, day care centres, pre-school
nurseries, residential care facilities - type I, schools and places of worship, shall
be located in a side or rear yard and be screened if they are adjacent to a site used
for residential purposes.
6.3.7
Exceptions to Development Standards
(1)
Where, on a corner site, a side yard of at least 6 metres is provided along the
flanking street for a single detached dwelling, the minimum rear yard
requirement is reduced to 3 metres.
78
Table 6-3
R3 - MEDIUM DENSITY RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS
for the Town of Waldheim
Principal Use
Development Standards
Designation
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum
Front Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Site
Coverage (%)
Residential Uses
(1)
Dwelling groups
D
3.10.4 (4)
4.12.5
4000
no min
no min
3.5 (4)
no min
50 / unit
60
(2)
Garden suites
D
4.12.7
450 (1)
15 (6)
7.5
1.5 (7)
4.5
(8)
50
(3)
Multiple unit dwellings (apartments)
P
185 /
unit
6 / unit
(9)
7.5
(5) (11)
no min
40 / unit
60
(4)
Multiple unit dwellings (townhouses)
P
315 /
unit (2)
21 (12)
7.5
(5)(11)
no min
46 / unit
60
(5)
Semi-detached dwellings
P
315 (2)
10.5 (10)
7.5
1.5 (5)(7)
4.5
46
60
(6)
Single detached dwellings
P
450 (1)
15 (6)
7.5
1.5 (7)
4.5
70
50
(7)
Street townhouse dwellings
P
315 (2)
10.5 (10)
7.5
1.5 (5) (7)
4.5
46 / unit
60
(8)
Two unit dwellings
P
630 (3)
21 (12)
7.5
1.5 (7)
4.5
92
60
Commercial Uses
(1)
Adult day care - type I
P
4.12.1
450 (1)
15 (6)
7.5
1.5 (7)
4.5
70
50
(2)
Adult day care - type II
D
4.12.1
450 (1)
15 (6)
7.5
1.5 (7)
4.5
70
50
(3)
Bed and breakfast homes
D
4.12.2
450 (1)
15 (6)
7.5
1.5 (7)
4.5
70
50
(4)
Clubs
D
3.10.4 (3)
450
15
7.5
3 (4)
4.5
no min
50
(5)
Convenience stores
D
3.10.4 (2)
450
15
7.5
3 (4)
4.5
no min
50
(6)
Daycare centres and preschools
D
4.12.4
450 (1)
15 (6)
7.5
1.5 (7)
4.5
70
50
(7)
Home based business - type I
P
4.11
(8)
Home based business - type II
D
4.11
(9)
Parking lots
D
4.12.9
no min
no min
3
3
3
no min
no max
(10)
Personal care homes - type I
P
4.12.3
450 (1)
15 (6)
7.5
1.5 (7)
4.5
70
50
(11)
Personal care homes - type II
D
4.12.3
450 (1)
15 (6)
7.5
1.5(7)
4.5
70
50
(12)
Residential care facilities - type I
P
4.12.3
450 (1)
15 (6)
7.5
1.5 (7)
4.5
70
50
(13)
Residential care facilities - type II
D
4.12.3
450 (1)
15 (6)
7.5
1.5 (7)
4.5
70
50
79
Table 6-3
R3 - MEDIUM DENSITY RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS
for the Town of Waldheim
Principal Use
Development Standards
Designation
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum
Front Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Site
Coverage (%)
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Ambulance stations
D
235
6
7.5
3
4.5
no min
50
(2)
Community centres
P
3.10.4 (3)
450
15
7.5
3 (4)
4.5
no min
50
(3)
Cultural institutions
D
3.10.4 (3)
450
15
7.5
3 (4)
4.5
no min
50
(4)
Custodial care facilities
D
4.12.3
450 (1)
15 (6)
7.5
1.5 (7)
4.5
70
50
(5)
Municipal facilities
P
no min
no min
no min
no min
no min
no min
no max
(6)
Parks and playgrounds
P
no min
no min
no min
no min
no min
3
no max
(7)
Places of worship
P
3.10.4 (3)
450
15
7.5
3 (4)
4.5
70
50
(8)
Private schools
D
3.10.4 (3)
no min
no min
no min
3 (4)
4.5
no min
no max
(9)
Public schools
P
3.10.4 (3)
no min
no min
7.5
3 (4)
4.5
no min
no max
(10)
Public works excluding offices, warehouses, storage yards and
sewage lagoons
P
no min
no min
no min
no min
no min
no min
no max
Use Designations:
(P) - Permitted Use
means a use or form of development allowed as of right in a
zoning district, subject to the regulations contained in this Bylaw.
(D) - Discretionary Use
A use or form of development specified in this Bylaw, which may be allowed following application to,
and approval of the Council; and which complies with the development standards laid out in Section
6.3.5 and others as required by Council and/or contained in this Bylaw.
80
Special limitation and standards regarding Table 6-3 and the R3 - Medium Density Residential District:
(1)
unless site is served by a lane, in which case 360 square metres
(2)
unless site is served by a lane, in which case 255 square metres
(3)
unless site is served by a lane, in which case 510 square metres
(4)
or ½ the building height, whichever is greater
(5)
except that no side yard is required where a common wall divides two dwelling units
(6)
unless site is served by a lane, in which case 12 metres
(7)
except for corner sites, in which case the minimum requirement shall be 3 metres along flanking street
(8)
garden suites shall not exceed 69 square metres
(9)
to a maximum of 21 metres
(10) unless site is served by a lane, in which case 8.5 metres
(11) for one-storey multiple unit dwellings, the minimum side yard requirement shall be 1.8 metres, unless dwelling is on a corner
site, in which case the minimum side yard requirement shall be 3 metres for the side flanking the street;
for multiple unit dwellings that are two (2) or three (3) storeys, the minimum side yard requirements shall be 3 metres;
for multiple unit dwellings that are four (4) storeys or higher, the minimum side yard requirement shall be ½ of the building
height, to a maximum of six (6) metres
(12) unless site is served by a lane, in which case 17 metres
81
6.4
CS - COMMUNITY SERVICE DISTRICT
6.4.1
Purpose
The objective of the CS - Community Service District is to provide for development in
the form of a range of community services and other compatible uses.
6.4.2
Permitted and Discretionary Uses
Uses are listed and designated in Table 6-4.
6.4.4
Accessory Uses
(1)
Accessory buildings and uses shall be permitted subject to Section 4.8.
6.4.5
Standards and Regulations
(1)
Site and building requirements are shown in Table 6-4.
6.4.6
Standards for Discretionary Uses
Council will consider discretionary use applications in the CS - Community Service
Residential District with respect to Section 3.10.3 General Discretionary Use Evaluation
Criteria, Section 3.10.4 Use Specific Discretionary Use Evaluation Criteria, as may be
applicable, and additional evaluation criteria and development standards that follows in
this section:
(1)
Restaurants, with or without associated lounges, subject to the following criteria:
(a)
Restaurants, with or without associated lounges, where possible, should
be located near similar community and support facilities; and.
(b)
The character of adjacent residential districts, along the zone interface,
should, where possible, be protected and maintained through the
provision of buffer areas, separation distances and / or screening.
6.4.7
Exceptions to Development Standards
(1)
Where, on a corner site, a side yard of at least 6 metres is provided along the
flanking street for a single detached dwelling, the minimum rear yard
requirement is reduced to 3 metres.
82
Table 6-4
CS - COMMUNITY SERVICE DISTRICT DEVELOPMENT STANDARDS
for the Town of Waldheim
Principal Use
Development Standards
Designation
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum
Front Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Site
Coverage (%)
Residential Uses
(1)
Dwelling groups
D
3.10.4 (4)
4.12.5
4000
no min
no min
3.5 (1)
no min
no min
60
(2)
Multiple unit dwellings (apartments)
D
185 /
unit
6 / unit
(6)
(3)
(4) (5)(8)
4.5
40 / unit
60
(3)
Multiple unit dwellings (townhouses)
D
315 /
unit (2)
no min
(3)
(4) (5)(8)
4.5
46 / unit
60
(4)
Semi-detached dwellings
D
315 (2)
10.5 (7)
7.5
1.5(5) (8)
4.5
46
60
(5)
Single detached dwellings
D
450(9)
15 (10)
7.5
1.5 (8)
4.5
70
50
(6)
Street townhouse dwellings
D
315 (2)
10.5 (7)
7.5
1.5(5) (8)
4.5
46
60
(7)
Two-unit dwellings
D
630 (11)
21 (12)
7.5
1.5 (8)
4.5
92
50
Commercial Uses
(1)
Adult day care centres - type I
P
4.12.1
450 (9)
15 (10)
7.5
1.5 (8)
4.5
70
50
(2)
Adult day care centres - type II
P
4.12.1
450 (9)
15 (10)
7.5
1.5 (8)
4.5
70
50
(3)
Bed and breakfast homes
D
4.12.2
450 (9)
15 (10)
7.5
1.5 (8)
4.5
70
50
(4)
Clubs
P
3.10.4 (3)
235
6
6
3 (1)
4.5
no min
50
(5)
Commercial recreational facilities, including rinks, golf courses and
tourist campgrounds
P
235
6
6
3 (1)
4.5
no min
50
(6)
Daycare centres and preschools
P
4.12.4
450 (9)
15 (10)
7.5
1.5 (8)
4.5
70
50
(7)
Funeral homes
D
235
6
6
3 (1)
4.5
no min
50
(8)
Health care clinics
P
235
6
6
3 (1)
4.5
no min
50
(9)
Home based businesses - type I
P
4.11
83
Table 6-4
CS - COMMUNITY SERVICE DISTRICT DEVELOPMENT STANDARDS
for the Town of Waldheim
Principal Use
Development Standards
Designation
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum
Front Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Site
Coverage (%)
(10)
Home based businesses - type II
D
4.11
(11)
Medical, dental and optical laboratories
P
235
6
6
3 (1)
4.5
no min
50
(12)
Parking lots
D
4.12.9
no min
no min
3
3
3
no min
no max
(13)
Personal care homes
P
4.12.3
450 (9)
15 (10)
7.5
1.5 (8)
4.5
70
50
(14)
Private schools
P
no min
no min
no min
3 (1)
4.5
no min
no max
(15)
Residential care facilities - type I
P
4.12.3
450 (9)
15 (10)
7.5
1.5 (8)
4.5
70
50
(16)
Residential care facilities - type II
P
4.12.3
450 (9)
15 (10)
7.5
1.5 (8)
4.5
70
50
(17)
Restaurants, with or without associated lounges
D
235
6
6
3 (1)
4.5
no min
50
Community Service, Government, Recreational, Institutional and Other Uses
(1)
Ambulance stations
P
235
6
6
3 (1)
4.5
no min
no max
(2)
Cemeteries
P
no min
no min
6
3 (1)
4.5
no min
no max
(3)
Community centres
P
235
6
6
3 (1)
4.5
no min
50
(4)
Cultural institutions
P
235
6
6
3 (1)
4.5
no min
50
(5)
Custodial care facilities
D
4.12.3
450 (9)
15 (10)
7.5
1.5 (8)
4.5
70
50
(6)
Educational institutions
P
no min
no min
6
3 (1)
4.5
no min
no max
(7)
Federal, provincial and municipal buildings and uses, excluding
warehouses, storage yards and sewage lagoons
P
no min
no min
6
3 (1)
4.5
no min
no max
(8)
Municipal facilities
P
no min
no min
no min
no min
no min
no min
no max
(9)
Parks and playgrounds
P
no min
no min
no min
no min
3
no min
no max
(10)
Places of worship
P
235
6
6
3 (1)
4.5
no min
50
(11)
Public hospitals
P
no min
no min
6
3 (1)
4.5
no min
no max
(12)
Public elementary and secondary schools
P
no min
no min
no min
3 (1)
4.5
no min
no max
(13)
Public works excluding warehouses, storage yards and sewage
lagoons
P
no min
no min
no min
no min
no min
no min
no max
(14)
Public recreational facilities
P
no min
no min
no min
3 (1)
4.5
no min
no max
84
Use Designations:
(P) - Permitted Use
means a use or form of development allowed as of right in a zoning
district, subject to the regulations contained in this Bylaw.
(D) - Discretionary Use
A use or form of development specified in this Bylaw, which may be allowed following application to, and
approval of the Council; and which complies with the development standards laid out in Section 6.4.5 and
others as required by Council and/or contained in this Bylaw.
Special limitation and standards regarding Table 6-4 and the CS - Community Service District:
(1)
or ½ the building height, whichever is greater
(2)
unless site is served by a lane, in which case 255 square metres per unit
(3)
for multiple unit dwellings up to (and including) three (3) storeys, the minimum front yard requirement shall be 6 metres;
for multiple unit dwellings over three (3) storeys, the minimum front yard requirements shall be 7.5 metres
(4)
for one-storey multiple unit dwellings, the minimum side yard requirement shall be 1.8 metres, unless dwelling is on a corner site, in which case the minimum side yard
requirement shall be 3 metres for the side flanking the street;
for multiple unit dwellings that are two (2) or three (3) storeys, the minimum side yard requirements shall be 3 metres;
for multiple unit dwellings that are four (4) storeys or higher, the minimum side yard requirement shall be ½ of the building height, to a maximum of six (6) metres
(5)
except that no side yard is required where a common wall divides two dwelling units
(6)
to a maximum requirement of 21 metres
(7)
unless site is served by a lane, in which case 8.5 square metres
(8)
except for corner sites, where it shall be 3 metres along the flanking street
(9)
unless site is served by a lane, in which case 360 square metres
(10)
unless site is served by a lane, in which case 12 metres
(11)
unless site is served by a lane, in which case 510 square metres
(12)
unless site is served by a lane, in which case 17 metres
85
6.5
C1 - COMMUNITY CENTRE COMMERCIAL DISTRICT
6.5.1
Purpose
The objective of the C1 - Community Centre Commercial District is to provide for
development in the form of a range of downtown commercial, community centre
commercial and other compatible uses..
6.5.2
Permitted and Discretionary Uses
Uses are listed and designated in Table 6-5.
6.5.4
Accessory Uses
(1)
Accessory buildings and uses shall be permitted subject to Section 4.8.
6.5.5
Standards and Regulations
(1)
Site and building requirements are shown in Table 6-5.
6.5.6
Standards for Discretionary Uses
Council will consider discretionary use applications in the C1 - Community Centre
Commercial District with respect to Section 3.10.3 Discretionary Use - General
Evaluation Criteria and to Section 3.10.4 Discretionary Use - Specific Evaluation Criteria
and to additional evaluation criteria and development standards noted as follows.
(1)
Accessory Dwelling Units
(a)
Dwelling units attached to commercial establishments shall have a main
entrance separate from that of the commercial establishment. An
emergency exit must be provided in addition to the main entrance; and,
(b)
The minimum floor area of each dwelling unit shall be 28 square metres.
(2)
Multiple unit dwellings are subject to the following criteria:
(a)
The location of multiple unit dwellings will only be favourably
considered where it can be demonstrated that the use and intensity is
appropriate to the site and that it will have a minimal impact on the
surrounding, adjacent areas. Consideration may be given, but is not
limited to, the following effects:
i)
municipal servicing capacity; and/or,
ii)
anticipated increased levels or types of vehicle traffic, unsafe
conditions or situations for vehicles, cyclists or pedestrians.
86
(3)
Lumber yards, home improvement centres, building supply establishments and
construction trades are subject to the following criteria:
(a)
The location of lumber yards, home improvement centres, building
supply establishments and construction trades will only be favourably
considered where it can be demonstrated that the use and intensity is
appropriate to the site and that it will have a minimal impact on the
surrounding, adjacent areas. Consideration may be given, but is not
limited to, the following effects:
i)
municipal servicing capacity;
ii)
anticipated levels of noise, odour, smoke, fumes, dust, lighting,
glare, vibration or other emissions emanating from the operation;
iii)
anticipated increased levels or types of vehicle traffic, unsafe
conditions or situations for vehicles, cyclists or pedestrians;
and/or,
iv)
utilization of hazardous substances.
(b)
All materials and goods used in conjunction with construction trades
shall be stored within an enclosed building, or within an area hidden
from view by screening.
6.5.7
Exceptions to Development Standards
(1)
Where, on a corner site, a side yard of at least 6 metres is provided along the
flanking street for a single detached dwelling, the minimum rear yard
requirement is reduced to 3 metres.
87
Table 6-5
C1 - COMMUNITY CENTRE COMMERCIAL DEVELOPMENT STANDARDS
for the Town of Waldheim
Principal Use
Development Standards
Designation
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum
Front Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Maximum Site
Coverage (%)
Residential Uses
(1)
Dwelling units in conjunction with and attached to any other permitted
use
D
no min
no min
no min
(1)
(2)
no max
(2)
Multiple unit dwellings (including apartments)
D
3.10.4 (5)
185 /
unit
6 / unit
(3)
(4)
(5)
no min
60
Commercial Uses
(1)
Bakeries with retail sales
P
235
6
no min
(1)
(2)
no max
(2)
Bus terminal
D
3.10.4 (1)
4.12.6
235
6
no min
(1)
(2)
no max
(3)
Carwashes
D
3.10.4 (1)
235
6
no min
(1)
(2)
no max
(4)
Clubs
P
3.10.4 (3)
235
6
no min
(1)
(2)
no max
(5)
Commercial recreation facilities, excluding rinks and golf courses
P
235
6
no min
(1)
(2)
no max
(6)
Construction trades
D
235
6
no min
(1)
(2)
no max
(7)
Convenience stores, with or without associated gas bars
P
235
6
no min
(1)
(2)
no max
(8)
Day Care Centres & Preschools
P
4.12.4
235
6
no min
(1)
(2)
no max
(9)
Financial institutions
P
235
6
no min
(1)
(2)
no max
(10)
Funeral homes
P
235
6
no min
(1)
(2)
no max
(11)
Gas bars, with or without associated convenience stores
D
4.12.6 4.12.8
235
6
7.5
(1)
(2)
no max
(12)
Health care clinics
P
235
6
no min
(1)
(2)
no max
(13)
Home based businesses - type I
P
4.11
235
6
no min
(1)
(2)
no max
(14)
Home based businesses - type II
P
4.11
235
6
no min
(1)
(2)
no max
(15)
Hotels
P
235
6
no min
(1)
(2)
no max
(16)
Lumber yards, home improvement centres and building supply
establishments
D
235
6
no min
(1)
(2)
no max
(17)
Malls
D
3.10.4 (7)
235
6
7.5
(1)
(2)
no max
(18)
Medical, dental and optical laboratories
P
235
6
no min
(1)
(2)
no max
88
Table 6-5
C1 - COMMUNITY CENTRE COMMERCIAL DEVELOPMENT STANDARDS
for the Town of Waldheim
Principal Use
Development Standards
Designation
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum
Front Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Maximum Site
Coverage (%)
(19)
Motels
P
235
6
no min
(1)
(2)
no max
(20)
Offices and office buildings
P
235
6
no min
(1)
(2)
no max
(21)
Parking lots
D
4.12.9
235
6
no min
(1)
(2)
no max
(22)
Personal service shops
P
235
6
no min
(1)
(2)
no max
(23)
Photography studios
P
235
6
no min
(1)
(2)
no max
(24)
Printing plants and newspaper offices
P
235
6
no min
(1)
(2)
no max
(25)
Radio and television stations
P
235
6
no min
(1)
(2)
no max
(26)
Repair services, restricted to the repair of household goods and
appliances
P
235
6
no min
(1)
(2)
no max
(27)
Restaurants, with or without associated lounges
P
235
6
no min
(1)
(2)
no max
(28)
Retail stores
P
235
6
no min
(1)
(2)
no max
(29)
Service stations
P
4.12.6
4.12.10
235
6
7.5
(1)
(2)
no max
(30)
Shopping centres
D
3.10.4 (7)
235
6
7.5
(1)
(2)
no max
(31)
Theatres
P
235
6
no min
(1)
(2)
no max
(32)
Tourist information centres and booths
P
235
6
no min
(1)
(2)
no max
(33)
Undertaking establishments
P
235
6
no min
(1)
(2)
no max
(34)
Veterinary clinics
P
235
6
no min
(1)
(2)
no max
Community Service, Government, Recreational, Institutional and Other Uses
(1)
Cultural institutions
P
235
6
no min
(1)
(2)
no max
(2)
Places of worship
P
235
6
no min
(1)
(2)
no max
(3)
Public recreational facilities
P
no min
no min
no min
(1)
(2)
no max
(4)
Municipal facilities
P
no min
no min
no min
no min
no min
no max
(5)
Parks and playgrounds
P
no min
no min
no min
no min
3
no max
(6)
Public works, excluding warehouses, storage yards and sewage lagoons
P
no min
no min
no min
no min
no min
no max
89
Use Designations:
(P) - Permitted Use
means a use or form of development allowed as of right in a zoning
district, subject to the regulations contained in this Bylaw.
(D) - Discretionary Use
A use or form of development specified in this Bylaw, which may be allowed following application to, and
approval of the Council; and which complies with the development standards laid out in Section 6.4.5 and
others as required by Council and/or contained in this Bylaw.
Special limitation and standards regarding Table 6-5 and the C1 - Community Centre Commercial District:
(1)
where the side line of a site in any C1 - Community Centre Commercial District abuts any Residential District without an intervening street or lane: 1.5 metres; otherwise,
no requirements
(2)
where the rear line of a site in any C1 - Community Centre Commercial District abuts any Residential District without an intervening street or lane: 4.5 metres; otherwise,
no requirements
(3)
to a maximum of 21 metres
(4)
for multiple unit dwellings up to (and including) three (3) storeys, the minimum front yard requirement shall be 6 metres;
for multiple unit dwellings over three (3) storeys, the minimum front yard requirements shall be 7.5 metres
(5)
for one-storey multiple unit dwellings, the minimum side yard requirement shall be 1.8 metres, unless dwelling is on a corner site, in which case the minimum side yard
requirement shall be 3 metres for the side flanking the street;
for multiple unit dwellings that are two (2) or three (3) storeys, the minimum side yard requirements shall be 3 metres;
for multiple unit dwellings that are four (4) storeys or higher, the minimum side yard requirement shall be ½ of the building height, to a maximum of six (6) metres
90
6.6
C2 - HIGHWAY COMMERCIAL DISTRICT
6.6.1
Purpose
The objective of the C2 - Highway Commercial District is to provide for development in
the form of a range of highway commercial and other compatible uses.
6.6.2
Permitted and Discretionary Uses
Uses are listed and designated in Table 6-6.
6.6.4
Accessory Uses
(1)
Accessory buildings and uses shall be permitted subject to Section 4.8.
6.6.5
Standards and Regulations
(1)
Site and building requirements are shown in Table 6-6.
6.6.6
Standards for Discretionary Uses
Council will consider discretionary use applications in the C2 - Highway Commercial
District with respect to Section 3.10.3 Discretionary Use - General Evaluation Criteria
and to Section 3.10.4 Discretionary Use - Specific Evaluation Criteria and to additional
evaluation criteria and development standards noted as follows.
(1)
Accessory Dwelling Units are subject to the following criteria:
(a)
Dwelling units attached to commercial establishments shall have a main
entrance separate from that of the commercial establishment. An
emergency exit must be provided in addition to the main entrance; and,
(b)
The minimum floor area of each dwelling unit shall be 28 square metres.
(2)
Auto body shops, construction trades, freight handling facilities, taxidermy and
accessory tanning of hides, warehouses, light manufacturing, and welding and
machine shops are subject to the following criteria:
(a)
The location of the use will only be favourably considered where it can
be demonstrated that the use and intensity is appropriate to the site and
that it will have a minimal impact on the surrounding, adjacent areas.
Consideration may be given, but is not limited to, the following effects:
i)
municipal servicing capacity;
ii)
anticipated levels of noise, odour, smoke, fumes, dust, lighting,
glare, vibration or other emissions emanating from the operation;
iii)
anticipated increased levels or types of vehicle traffic, unsafe
conditions or situations for vehicles, cyclists or pedestrians; and,
iv)
utilization of hazardous substances.
91
(b)
All materials and goods used in conjunction with construction trades
shall be stored within an enclosed building, or within an area hidden
from view by screening;
(c)
Warehouses and freight handling facilities shall be accessible from a
major road network to avoid heavy traffic volumes on access roads.
Consideration shall be given to the location of entry and exit points to the
site and their interrelation with existing intersections or land constraints;
and,
(d)
No outside storage is permitted for a wholesale establishment.
(3)
Light manufacturing subject to the following additional criteria:
(a)
All materials and goods used in conjunction with light manufacturing
plants shall be stored within an enclosed building, or within an area
hidden from view by screening; and,
(b)
All manufacturing and assembly operations in conjunction with a light
manufacturing plant shall be conducted within an enclosed building.
(4)
Indoor storage rental facilities, recycling and collection depots, and storage
garages subject to the following criteria:
(a)
The use shall be located where practical, in a non-highly visible area,
and screened to avoid any adverse visual impact. Landscaping and
screening acceptable to Council shall be provided in all yards facing a
public roadway or properties in residential use.
(5)
Tourist campgrounds subject to the following criteria:
(a)
Wherever possible, and appropriate, any existing trees and mature
landscaping shall be retained;
(b)
Solid waste storage facilities (including adequate space for both
recycling and general waste bins) shall be provided on-site and
appropriately located and screened or landscaped to avoid any adverse
visual impact from the road and within the development;
(c)
There shall be adequate manoeuvring space on-site; and
(d)
The prevention of on-street congestion caused by the ingress and egress
of vehicles shall be considered.
6.6.7
Exceptions to Development Standards
92
Table 6-6
C2 - HIGHWAY COMMERCIAL DISTRICT DEVELOPMENT STANDARDS
for the Town of Waldheim
Principal Use
Development Standards
Designation
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum
Front Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Residential Uses
(1)
Dwelling units accessory to permitted uses and integrated as part of principal
buildings, for the use of caretakers, owners or managers
D
(1)
(1)
(1)
(1)
(1)
(1)
Commercial and Industrial Uses
(1)
Animal hospitals
P
730
20
6
3
(2)
(2)
Auto body shops
D
730
20
6
3
(2)
(3)
Automobiles, marine, recreational vehicle and equipment, agricultural
equipment and mobile home sales and service establishments
P
4.12.6
730
20
6
3
(2)
(4)
Automotive and industrial supply stores
P
730
20
6
3
(2)
(5)
Bingo halls
P
730
20
6
3
(2)
(6)
Bulk fuel dealers
D
4.12.6
730
20
6
3
(2)
(7)
Bus terminals
P
4.12.6
4.12.8
730
20
6
3
(2)
(8)
Car washes
P
730
20
6
3
(2)
(9)
Commercial recreational facilities
P
730
20
6
3
(2)
(10)
Construction trades
D
730
20
6
3
(2)
(11)
Convenience stores, with or without associated gas bars
P
730
20
6
3
(2)
(12)
Drive-in theatres
P
730
20
6
3
(2)
(13)
Financial institutions
P
464
15
6
3
(2)
(14)
Freight handling facilities
D
730
20
6
3
(2)
(15)
Funeral homes
P
464
15
6
3
(2)
(16)
Gas bars, with or without associated convenience stores
P
4.12.6
4.12.8
730
20
6
3
(2)
(17)
Health care clinics
P
730
20
6
3
(18)
Hotels
P
730
20
6
3
(2)
93
Table 6-6
C2 - HIGHWAY COMMERCIAL DISTRICT DEVELOPMENT STANDARDS
for the Town of Waldheim
Principal Use
Development Standards
Designation
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum
Front Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
(19)
Indoor storage rental facilities
D
730
20
6
3
(2)
(20)
Light industrial uses
D
730
20
6
3
(2)
(21)
Lumber yards, home improvement centres and building supply establishments
P
730
20
6
3
(2)
(22)
Miniature golf courses
P
730
20
6
3
(2)
(23)
Motels
P
1675
20
15
3
(2)
(24)
Night clubs
D
3.10.4 (6)
464
15
6
3
(2)
(25)
Nurseries, greenhouses and garden centres
P
730
20
6
3
(2)
(26)
Office and office buildings
P
464
15
6
3
(2)
(27)
Parking lots
P
no min
no min
6
3
(2)
(28)
Personal service shops
P
464
15
6
3
(2)
(29)
Public garages
P
730
20
6
3
(2)
(30)
Recycling collection depots
D
464
15
6
3
(2)
(31)
Rental stores
P
464
15
6
3
(2)
(32)
Repair services, restricted to the repair of household goods and appliances
P
730
20
6
3
(2)
(33)
Restaurants, with associated lounges
D
3.10.4 (6)
464
15
6
3
(2)
(34)
Restaurants, without associated lounges
P
464
15
6
3
(2)
(35)
Retail stores
P
464
15
6
3
(2)
(36)
Service stations
P
4.12.6
4.12.10
930
30
6
3
(2)
(37)
Storage garages
D
730
20
6
3
(38)
Taverns
D
464
15
6
3
(2)
(39)
Taxidermy and accessory tanning of hides
D
464
15
6
3
(2)
(40)
Tourist campgrounds
D
730
20
6
3
(2)
(41)
Tourist information centres and booths
P
730
20
6
3
(2)
(42)
Trucking operations
D
4.12.6
730
20
6
3
(2)
94
Table 6-6
C2 - HIGHWAY COMMERCIAL DISTRICT DEVELOPMENT STANDARDS
for the Town of Waldheim
Principal Use
Development Standards
Designation
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum
Front Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
(43)
Veterinary clinics
P
730
20
6
3
(2)
(44)
Warehouses
D
730
20
6
3
(2)
(45)
Welding and machine shops
D
730
20
6
3
(2)
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Ambulance stations
D
464
15
6
3
(2)
(2)
Municipal facilities
P
no min
no min
no min
no min
no min
(3)
Parks and playgrounds
P
no min
no min
no min
no min
no min
(4)
Places of worship
D
464
15
6
3
(2)
(5)
Public works, excluding sewage lagoons
P
no min
no min
no min
no min
no min
(6)
Public recreational facilities
P
no min
no min
no min
no min
no min
Use Designations:
(P) - Permitted Use
means a use or form of development allowed as of right in a zoning
district, subject to the regulations contained in this Bylaw.
(D) - Discretionary Use
A use or form of development specified in this Bylaw, which may be allowed following
application to, and approval of the Council; and which complies with the development
standards laid out in Section 6.6.5 and others as required by Council and/or contained in
this Bylaw.
Special limitation and standards regarding Table 6-6 and the C2 - Highway Commercial District:
(1)
the development standards of dwelling units are equivalent to the development standards of the permitted use that the dwelling unit is built in conjunction with
(2)
10% of the site depth
95
6.7
MU - MIXED USE DISTRICT
6.7.1
Purpose
The objective of the MU - Mixed Use District is to provide for a mix of land uses,
including higher density residential uses, a range of downtown commercial uses, and
other compatible uses, proximal to the downtown area or other community centre.
6.7.2
Permitted and Discretionary Uses
Uses are listed and designated in Table 6-7.
6.7.4
Accessory Uses
(1)
Accessory buildings and uses shall be permitted subject to Section 4.8.
6.7.5
Standards and Regulations
(1)
Site and building requirements are shown in Table 6-7.
6.7.6
Standards for Discretionary Uses
Council will consider discretionary use applications in the MU - Mixed Use District with
respect to Section 3.10.3 Discretionary Use - General Evaluation Criteria and to Section
3.10.4 Discretionary Use - Specific Evaluation Criteria and to additional evaluation
criteria and development standards noted as follows.
(1)
Discretionary residential uses are subject to the following criteria:
(a)
Dwellings shall maintain the mixed use character, density and purpose of
the MU - Mixed Use district; and,
(b)
As the purpose of the MU - Mixed Use district is to facilitate a mix of
land uses including higher density residential; the building or expansion
of semi-detached, two-unit dwellings, and single detached dwellings
shall be considered on sites that hold existing dwellings of a similar
nature and density.
(c)
Dwelling groups subject to Sections 3.10.4 (4) and 4.12.5.
(2)
Bed and breakfast homes shall comply with Section 4.12.2 of this Bylaw.
(3)
Commercial and public recreation facilities are subject to Section 3.10.4 (3).
Skating rinks and golf courses are not permitted in districts zoned MU - Mixed
Use.
(4)
Financial institutions; restaurants, without associated lounges; retail stores; and,
veterinary clinics are subject to the following criteria:
96
(a)
The location of the use will only be favourably considered where it can
be demonstrated that the use will have a minimal impact on the amenity
of the MU - Mixed Use District and adjacent residential areas and that
these areas will not be unreasonably compromised; and,
(b)
The character of adjacent/ residential districts, along the zone interface,
shall, where possible, be protected and maintained through the provision
of buffer areas, separation distances and / or screening.
(5)
Home based businesses shall comply with Section 4.11 of this Bylaw.
(6)
Laundromats are subject to the following criteria:
(a)
The location of laundromats will only be favourably considered where it
can be demonstrated that the use and intensity is appropriate to the site
and that it will have a minimal impact on the surrounding, adjacent areas,
particularly along the residential zone interface; and
(b)
Consideration shall be given to the area's municipal servicing capacity.
(7)
Parking lots subject to Section 4.12.9.
(8)
Ambulance stations are subject to the following criteria:
(a)
The site shall be accessible from a major road network to avoid heavy
traffic volumes on residential access roads;
(b)
Consideration shall be given to the location of entry and exit points of
the site and their relationship with existing intersections and adjacent
residential units; and,
(c)
The character of adjacent residential uses shall be protected and
maintained through the provision of buffer areas, separation distances
and screening.
(9)
Custodial care facilities subject to Section 4.12.3 of this Bylaw.
(10)
Community service uses subject to Section 3.10.4 (3).
(11)
Off street parking spaces for dwelling groups, day care centres, pre-school
nurseries, residential care facilities, cultural institutions, clubs, health care clinics,
schools and places of worship, shall be located in a side or rear yard and shall be
screened if they abut a site used for residential purposes.
6.7.7
Exceptions to Development Standards
(1)
Where, on a corner site, a side yard of at least 6 metres is provided along the
flanking street for a single detached dwelling, the minimum rear yard
requirement is reduced to 3 metres.
97
Table 6-7
MU - MIXED USE DISTRICT DEVELOPMENT STANDARDS
for the Town of Waldheim
Principal Use
Development Standards
Designation
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum
Front Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Site
Coverage (%)
Residential Uses
(1)
Dwelling groups
D
4000
no min
no min
3.5 (14)
no min
50 / unit
60
(2)
Dwelling units in conjunction with and attached to any other
permitted use
P
no min
no min
no min
(2)
(3)
(4)
no max
(3)
Multiple unit dwelling (apartments)
P
185 /
unit
6 / unit
(7)
7.5
(1)(9)(10)
no min
40 / unit
60
(4)
Multiple unit dwelling (townhouses)
P
315 /
unit (5)
21 (8)
7.5
(1)(9)(10)
no min
46 / unit
60
(5)
Semi-detached dwellings
D
315 (5)
10.5 (6)
7.5
1.5 (1)(10)
4.5
46
60
(6)
Single detached dwellings
D
450 (11)
15 (12)
7.5
1.5 (1)
4.5
70
50
(7)
Street townhouse dwellings
P
315 (5)
10.5 (6)
7.5
(9) (10)
no min
46 / unit
60
(8)
Two unit dwellings
D
510 (13)
21 (8)
7.5
1.5 (1)
4.5
92
50
Commercial Uses
(1)
Adult daycare - types I and II
P
4.12.1
450 (11)
15 (12)
7.5
1.5 (1)
4.5
70
50
(2)
Bakeries with retail sales
P
235
6
no min
(2)
(3)
no min
no max
(3)
Bed and breakfast homes
D
4.12.2
450 (11)
15 (12)
7.5
1.5(1)
4.5
70
50
(4)
Clubs
P
235
6
no min
(2)
(3)
no min
no max
(5)
Commercial recreation facilities, excluding rinks and golf courses
D
235
6
no min
(2)
(3)
no min
no max
(6)
Convenience stores, with or without associated gas bars
P
235
6
no min
(2)
(3)
no min
no max
(7)
Daycare centres and preschools
P
4.12.4
235
6
no min
(2)
(3)
no min
no max
(8)
Financial institutions
D
235
6
no min
(2)
(3)
no min
no max
(9)
Gas bars, with or without associated convenience stores
P
235
6
no min
(2)
(3)
no min
no max
(10)
Healthcare centres
P
235
6
no min
(2)
(3)
no min
no max
(11)
Home based businesses - type I
P
4.11
(12)
Home based businesses - type II
P
4.11
(13)
Laundromats
D
235
6
no min
(2)
(3)
no min
no max
(14)
Medical, dental and optical laboratories
P
235
6
no min
(2)
(3)
no min
no max
(15)
Offices and office buildings
P
235
6
no min
(2)
(3)
no min
no max
98
Table 6-7
MU - MIXED USE DISTRICT DEVELOPMENT STANDARDS
for the Town of Waldheim
Principal Use
Development Standards
Designation
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum
Front Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Site
Coverage (%)
(16)
Parking lots
D
no min
no min
no min
(2)
(3)
no min
no min
(17)
Personal care homes
P
4.12.3
450 (11)
15 (12)
7.5
1.5 (1)
4.5
70
50
(18)
Personal service shops
P
235
6
no min
(2)
(3)
no min
no max
(19)
Photographer studios
P
235
6
no min
(2)
(3)
no min
no max
(20)
Repair services, restricted to the repair of household goods and
appliances
P
235
6
no min
(2)
(3)
no min
no max
(21)
Residential care facilities
P
4.12.3
450 (11)
15 (12)
7.5
1.5(1)
4.5
70
50
(22)
Restaurants, without associated lounges
D
235
6
no min
(2)
(3)
no min
no max
(23)
Retail stores
D
235
6
no min
(2)
(3)
no min
no max
(24)
Veterinary clinics
D
235
6
no min
(2)
(3)
no min
no max
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Ambulance stations
235
6
7.5
(2)
(3)
no min
no max
(2)
Municipal facilities
no min
no min
no min
no min
no min
no min
no max
(3)
Parks and playgrounds
no min
no min
no min
no min
3
no min
no max
(4)
Places of worship
235
6
no min
(2)
(3)
no min
no max
(5)
Public works, excluding warehouses, storage yards and sewage
lagoons
no min
no min
no min
no min
no min
no min
no max
(6)
Public recreational facilities
235
6
no min
(2)
(3)
no min
no max
Use Designations:
(P) - Permitted Use
means a use or form of development allowed as of right in a
zoning district, subject to the regulations contained in this Bylaw.
(D) - Discretionary Use
A use or form of development specified in this Bylaw, which may be allowed following application to,
and approval of the Council; and which complies with the development standards laid out in Section
6.7.5 and others as required by Council and/or contained in this Bylaw.
99
Special limitation and standards regarding Table 6-7 and the MU - Mixed Use District:
(1)
except for corner sites, which shall be 3 metres along flanking street
(2)
where the side line of a site in any MU - Mixed Use District abuts any Residential District without an intervening street or lane: 1.5 metres; otherwise, no requirements
(3)
where the rear line of a site in any MU - Mixed Use District abuts any Residential District without an intervening street or lane: 4.5 metres; otherwise, no requirements
(4)
the floor area of all dwelling units shall not exceed the floor area of all other uses which are located in the same building and the minimum floor area of any single dwelling
unit shall not be less than 28 square metres
(5)
unless site is served by a lane, in which case 255 square metres per unit
(6)
unless site is served by a lane, in which case 8.5 metres
(7)
to a maximum of 21 metres
(8)
unless site is served by a lane, in which case 17 metres
(9)
for one-storey multiple unit dwellings, the minimum side yard requirement shall be 1.8 metres, unless dwelling is on a corner site, in which case the minimum side yard
requirement shall be 3 metres for the side flanking the street;
for multiple unit dwellings that are two (2) or three (3) storeys, the minimum side yard requirements shall be 3 metres;
for multiple unit dwellings that are four (4) storeys or higher, the minimum side yard requirement shall be ½ of the building height, to a maximum of six (6) metres
(10)
except that no side yard is required where a common wall divides two dwelling units
(11)
unless site is served by a lane, in which case 360 square metres
(12)
unless site is served by a lane, in which case 12 metres
(13)
unless site is served by a lane, in which case 630 square metres
(14)
or ½ of the building height, whichever is greater
100
6.8
M - INDUSTRIAL DISTRICT
6.8.1
Purpose
The objective of the M - Industrial District is to provide for development in the form of a
range of industrial and other compatible uses.
6.8.2
Permitted and Discretionary Uses
Uses are listed and designated in Table 6-8.
6.8.4
Accessory Uses
(1)
Accessory buildings and uses shall be permitted subject to Section 4.8.
6.8.5
Standards and Regulations
(1)
Site and building requirements are shown in Table 6-8.
6.8.6
Standards for Discretionary Uses
Council will consider discretionary use applications in the M - Industrial District with
respect to Section 3.10.3 Discretionary Use - General Evaluation Criteria and to Section
3.10.4 Discretionary Use - Specific Evaluation Criteria and to additional evaluation
criteria and development standards noted as follows.
(1)
Accessory Dwelling Units:
(a)
Dwelling units attached to commercial or industrial establishments shall
have a main entrance separate from that of the commercial or industrial
establishment. An emergency exit must be provided in addition to the
main entrance; and,
(b)
The minimum floor area of each dwelling unit shall be 46 square metres.
(1)
Abattoirs are to be located at least 91.4 m from residential areas, schools,
hospitals, motels and restaurants.
(2)
Bulk petroleum tanks are to be located at least 91.4 m from residential areas,
schools, hospitals, motels. Tanks above ground are subject to Section 4.12.6.
(3)
Discretionary commercial and industrial uses are subject to the following criteria:
(a)
The location of the use will only be favourably considered where it can
be demonstrated that the use and intensity is appropriate to the site and
that it will have a minimal impact on the surrounding, adjacent areas.
Consideration may be given, but is not limited, to the following effects:
i)
municipal servicing capacity;
101
ii)
anticipated levels of noise, odour, smoke, fumes, dust, lighting,
glare, vibration or other emissions emanating from the operation;
iii)
anticipated increased levels or types of vehicle traffic, unsafe
conditions or situations for vehicles, cyclists or pedestrians;
and/or,
iv)
utilization of hazardous substances
(3)
Junk & salvage yards and auto wreckers are subject to the following criteria:
(a)
Junk & salvage yards and auto wreckers shall be enclosed by an opaque
or solid perimeter fence at least 2.0 m in height, and not more than five
metres in height, with no material piled higher than the height of the
perimeter fence; and,
(b)
The perimeter fence shall not be located in the required front yard. The
required front yard shall be used for no other purpose than landscaping
and necessary access driveways to the site.
(5)
Livestock auction facilities, meat packing plants, and stockyards shall be located
at least 300 m from all residential and community service districts.
6.8.7
Exceptions to Development Standards
102
Table 6-8
M - INDUSTRIAL DISTRICT DEVELOPMENT STANDARDS
for the Town of Waldheim
Principal Use
Development Standards
Designation
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum
Front Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Residential Uses
(1)
Dwelling units accessory to permitted units integrated as part of principal
buildings, for the use of caretakers, owners or night managers.
D
(1)
(1)
(1)
(1)
(1)
Commercial and Industrial Uses
(1)
Animal hospitals
P
730
20
6
3 (3)
(2)
(2)
Auction markets, excluding livestock auction facilities
P
730
20
6
(2)
(3)
Automobile, marine, recreational vehicle, and equipment, agricultural
equipment and mobile home sales and service establishments
P
4.12.6
464
15
6
3 (3)
(2)
(4)
Cement and concrete plants
P
730
20
6
3 (3)
(2)
(5)
Consignment centres
P
730
20
6
3 (3)
(2)
(6)
Construction trades
P
464
15
6
3 (3)
(2)
(7)
Gas bars
P
4.12.6
4.12.8
464
15
6
3 (3)
(2)
(8)
General industrial uses (see, Use, General Industrial)
P
464
15
6
3 (3)
(2)
(9)
Lumber yards and building supply establishments
P
464
15
6
3 (3)
(2)
(10)
Nurseries, greenhouses and garden centres
P
730
20
6
3 (3)
(2)
(11)
Parking lots
P
464
15
6
3 (3)
(2)
(12)
Public garages
P
730
20
6
3 (3)
(2)
(13)
Seed cleaning plants and feed mills
P
730
20
6
3 (3)
(2)
(14)
Service stations
P
4.12.6
4.12.10
730
20
6
3 (3)
(2)
(15)
Veterinary clinics
P
464
15
6
3 (3)
(2)
(16)
Warehouses
P
730
20
6
3 (3)
(2)
(17)
Wholesale establishments
P
464
15
6
3 (3)
(2)
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Municipal facilities
D
no min
no min
no min
no min
no max
103
Table 6-8
M - INDUSTRIAL DISTRICT DEVELOPMENT STANDARDS
for the Town of Waldheim
Principal Use
Development Standards
Designation
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum
Front Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
(2)
Parks
D
no min
no min
no min
no min
no min
(3)
Public works, excluding sewage lagoons
D
no min
no min
no min
no min
no min
Use Designations:
(P) - Permitted Use
means a use or form of development allowed as of right in a zoning district,
subject to the regulations contained in this Bylaw.
(D) - Discretionary Use
A use or form of development specified in this Bylaw, which may be allowed following application
to, and approval of the Council; and which complies with the development standards laid out in
Section 6.8.5 and others as required by Council and/or contained in this Bylaw.
Special limitation and standards regarding Table 6-8 and the M - Industrial District:
(1)
the development standards of dwelling units are equivalent to the development standards of the permitted use that the dwelling unit is built in conjunction with
(2)
10% of the site depth
(3)
except in the case of corner sites, in which case 4.5 metres is required on the side abutting the flanking street
104
6.9
PR - PARKS AND RECREATION DISTRICT
6.9.1
Purpose
The objective of the PR - Parks and Recreation District is to provide for parks and
recreation development and other compatible uses.
6.9.2
Permitted and Discretionary Uses
Uses are listed and designated in Table 6-9.
6.9.4
Accessory Uses
(1)
Accessory buildings and uses shall be permitted subject to Section 4.8.
6.9.5
Standards and Regulations
(1)
Site and building requirements are shown in Table 6-9.
6.9.6
Standards for Discretionary Uses
Council will consider discretionary use applications in the PR - Parks and Recreation
District with respect to Section 3.10.3 Discretionary Use - General Evaluation Criteria
and to Section 3.10.4 Discretionary Use - Specific Evaluation Criteria and to additional
evaluation criteria and development standards noted as follows.
(1)
Golf courses are subject to the following criteria:
(a)
Consideration will be given to the compatibility of the golf course with
adjacent land uses;
(b)
Insofar as possible, proposed golf courses shall respond to the natural
topography and drainways of the site, and employ minimal clearing of
native vegetation;
(c)
Buffers shall be provided to protect existing, adjacent neighbourhoods by
mitigating the adverse impacts of sound, visibility and traffic;
(d)
Council will consider the following as an asset in the development of a
golf course:
i)
maximum use of existing landforms and native grasses and
vegetation;
ii)
an alternative water source to potable water; and,
iii)
water conserving irrigation systems.
(2)
Intensive agricultural uses (excluding livestock) are subject to the following
criteria:
105
(a)
The location of agricultural uses will only be favourably considered
where it can be demonstrated that the use and intensity is appropriate to
the site and that it will have a minimal impact on the surrounding,
adjacent areas. Consideration may be given, but is not limited to, the
following effects:
i)
municipal servicing capacity;
ii)
anticipated levels of noise, odour, smoke, fumes, dust, lighting,
glare, vibration or other emissions emanating from the operation;
iii)
anticipated increased levels or types of vehicle traffic, unsafe
conditions or situations for vehicles, cyclists or pedestrians; and,
iv)
utilization of hazardous substances.
(3)
Tourist campgrounds are subject to the following criteria:
(a)
Wherever possible, and appropriate, any existing trees and mature
landscaping shall be retained;
(b)
Solid waste storage facilities (including adequate space for both
recycling and general waste bins) shall be provided on-site and
appropriately located and screened or landscaped to avoid any adverse
visual impact from the road and within the development;
(c)
There shall be adequate manoeuvring space on-site;
(d)
The prevention of on-street congestion caused by the ingress and egress
of vehicles shall be considered;
(e)
If located in the residential interface, consideration shall be given to
controlling any detrimental effects the campground may have on
adjacent residential land;
6.9.7
Exceptions to Development Standards
106
Table 6-9
PR - PARKS AND RECREATION DISTRICT DEVELOPMENT STANDARDS
for the Town of Waldheim
Principal Use
Development Standards
Designation
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum
Front Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Agricultural Uses
(1)
Intensive agricultural uses, including vegetable and fruit production, and
excluding both operations relating to the raising of livestock and/or other
animals, and operations carried on partially or entirely within buildings.
D
1000
30
6
3 (1)
6 (2)
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Community centres
D
3.10.4 (3)
450
15
6
3 (1)
6 (2)
(2)
Cultural institutions
D
3.10.4 (3)
450
15
6
3 (1)
6 (2)
(3)
Golf courses
D
3.10.4 (3)
no min
no min
no min
3 (1)
6 (2)
(4)
Municipal facilities
P
no min
no min
no min
no min
no min
(5)
Nature interpretation trails and associated facilities
P
no min
no min
no min
3 (1)
6 (2)
(6)
Public works, excluding sewage lagoons
P
no min
no min
no min
no min
6 (2)
(7)
Public recreation facilities
D
3.10.4 (3)
no min
no min
no min
3 (1)
6 (2)
(8)
Sports fields, parks and playgrounds
P
no min
no min
no min
3 (1)
6 (2)
(9)
Tourist information centres and booths
D
3.10.4 (3)
235
6
no min
3 (1)
6 (2)
(10)
Tourist campgrounds
D
3.10.4 (3)
1000
30
6
3 (1)
6 (2)
(11)
Walking, hiking and/or ski trails and associated facilities
P
no min
no min
no min
3 (1)
6 (2)
Use Designations:
(P) - Permitted Use
means a use or form of development allowed as of right in a zoning
district, subject to the regulations contained in this Bylaw.
(D) - Discretionary Use
A use or form of development specified in this Bylaw, which may be allowed following
application to, and approval of the Council; and which complies with the development
standards laid out in Section 6.9.5 and others as required by Council and/or contained in
this Bylaw.
Special limitation and standards regarding Table 6-9 and the PR - Parks and Recreation District:
(1)
or ½ the building height, whichever is greater
(2)
or 10% of the depth of the site, whichever is greater
107
6.10 FUD - FUTURE URBAN DEVELOPMENT DISTRICT
6.10.1 Purpose
The objective of the FUD - Future Urban Development District is to provide for interim
land uses where the future use of the land or the timing of development is uncertain due
to issues of servicing, transitional use or market demand.
6.10.2 Permitted and Discretionary Uses
Uses are listed and designated in Table 6-10.
6.10.4 Accessory Uses
(1)
Accessory buildings and uses shall be permitted subject to Section 4.8.
6.10.5 Standards and Regulations
(1)
Site and building requirements are shown in Table 6-10.
6.10.6 Standards for Discretionary Uses
Council will consider discretionary use applications in the FUD - Future Urban
Development District with respect to Section 3.10.3 Discretionary Use - General
Evaluation Criteria and to Section 3.10.4 Discretionary Use - Specific Evaluation Criteria
and to additional evaluation criteria and development standards noted as follows.
(1)
Discretionary uses in the FUD - Future Urban Development District will only be
permitted where Council is assured that such development will be compatible
with the future use of the area, as indicated in the Official Community Plan
Bylaw.
6.10.7 Exceptions to Development Standards
108
Table 6-10
FUD - FUTURE URBAN DEVELOPMENT DISCTRICT DEVELOPMENT STANDARDS
for the Town of Waldheim
Principal Use
Development Standards
Designation
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum
Front Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Site
Coverage (%)
Residential Uses
(1)
Single detached dwelling
D
450 (1)
15 (2)
7.5
1.5 (3)
4.5
70
50
Agricultural Uses
(1)
Agricultural uses including crop farming, grazing and pasturage and
cultivation of land, but not including intensive livestock or poultry
operations
P
5000
15
6
6
6
no min
40
(2)
Nurseries, greenhouses and garden centres
D
5000
15
6
6
6
no min
40
(3)
Agricultural fair grounds
D
5000
15
6
6
6
no min
40
Commercial Uses
(1)
Home based business - type I
P
4.11
450 (1)
15 (2)
7.5
1.5 (3)
4.5
70
50
(2)
Home based business - type II
D
4.11
450 (1)
15 (2)
7.5
1.5 (3)
4.5
70
50
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Golf courses
D
5000
15
6
6
6
no min
no max
(2)
Municipal facilities
P
no min
no min
no min
no min
no min
no min
no min
(3)
Public works, excluding sewage lagoons
P
no min
no min
no min
no min
3
no min
no min
(4)
Radio, television and telecommunications towers and ancillary
facilities
D
no min
no min
3
3
3
no min
no max
(5)
Sand and gravel operations
D
5000
15
6
6
6
no min
no max
(6)
Sports fields, parks and playgrounds
P
no min
no min
no min
no min
no min
no min
no min
Use Designations:
(P) - Permitted Use
means a use or form of development allowed as of right in a
zoning district, subject to the regulations contained in this Bylaw.
(D) - Discretionary Use
A use or form of development specified in this Bylaw, which may be allowed following application to,
and approval of the Council; and which complies with the development standards laid out in Section
6.9.5 and others as required by Council and/or contained in this Bylaw.
109
Special limitation and standards regarding Table 6-10 and the FUD - Future Use Development District:
(1)
unless site is served by a lane, in which case 360 square metres
(2)
unless site is served by a lane, in which case 12 metres
(3)
except for corner sites, which shall be 3 metres along flanking street
110
SECTION 7
MAPS