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Zoning Bylaw No. XX
Page 1
Village of Abbey
ZONING BYLAW
2017
Zoning Bylaw No. XX
Page 2
THE VILLAGE OF ABBEY
Bylaw No. 2017-10
1. Pursuant to Section 45 of the Planning and Development Act, 2007, the Council of the Village of Abbey hereby adopts the Zoning
Bylaw, identified as Schedule "A" to this Bylaw.
2. The Mayor and Administrator are hereby authorized to sign and seal Schedule "A" which is attached to and forms part of this Bylaw.
3. This Bylaw shall come into force on the date of final approval by the Minister of Government Relations.
Read a first time this
day of
20
Read a second time this
day of
20
Read a third time and passed this
day of
20
SEAL
MAYOR
ADMINISTRATOR
Zoning Bylaw No. XX
Page 3
THE VILLAGE OF ABBEY
Zoning Bylaw
SCHEDULE "A" to BYLAW NO. 2017-10
MAYOR
SEAL
ADMINISTRATOR
Zoning Bylaw No. 2017-10
Page 1
Table of Contents
1.
Introduction ................................................................................................................................................................................................... 5
1.1
AUTHORITY .................................................................................................................................................................................................................. 5
1.2
TITLE ............................................................................................................................................................................................................................. 5
1.3
PURPOSE ...................................................................................................................................................................................................................... 5
1.4
SCOPE........................................................................................................................................................................................................................... 5
1.5
SEVERABILITY ............................................................................................................................................................................................................... 5
2.
Definitions ...................................................................................................................................................................................................... 6
3.
Administration and Interpretation ................................................................................................................................................................ 22
3.1
DEVELOPMENT OFFICER ............................................................................................................................................................................................ 22
3.2
COUNCIL .................................................................................................................................................................................................................... 22
3.3
APPLICATION FOR A DEVELOPMENT PERMIT............................................................................................................................................................ 22
3.4
DEVELOPMENT NOT REQUIRING A PERMIT .............................................................................................................................................................. 23
3.5
INTERPRETATION ....................................................................................................................................................................................................... 23
3.6
COMPREHENSIVE DEVELOPMENT REVIEW ............................................................................................................................................................... 23
3.7
DEVELOPMENT PERMIT PROCEDURE ........................................................................................................................................................................ 24
3.8
DEVELOPMENT PERMIT: VALIDITY ............................................................................................................................................................................ 25
3.9
DEVELOPMENT PERMIT APPLICATION FEES .............................................................................................................................................................. 25
3.10 FEE FOR ZONING AMENDMENT APPLICATION .......................................................................................................................................................... 26
3.11
CONCURRENT PROCESSING OF DEVELOPMENT PERMITS, BUILDING PERMITS, AND BUSINESS LICENSES .............................................................. 26
3.12
REFERRAL UNDER THE PUBLIC HEALTH ACT .............................................................................................................................................................. 26
3.13
DEVELPOMENT APPEALS BOARD ............................................................................................................................................................................... 26
3.14
MINOR VARIANCES .................................................................................................................................................................................................... 27
3.15
NON-CONFORMING BUILDINGS, USES, AND SITES ................................................................................................................................................... 28
3.16
DEVELOPMENT PERMIT - INVALID ............................................................................................................................................................................ 28
3.17
CANCELLATION .......................................................................................................................................................................................................... 28
3.18
STOP-WORK ............................................................................................................................................................................................................... 29
3.19
BYLAW COMPLIANCE ................................................................................................................................................................................................. 29
3.20
REGISTERING INTERESTS ........................................................................................................................................................................................... 29
3.21
MOVING OF BUILDINGS ............................................................................................................................................................................................. 29
3.22
TEMPORARY DEVELOPMENT PERMITS...................................................................................................................................................................... 29
3.23
DEVELOPMENT AGREEMENTS ................................................................................................................................................................................... 29
3.24
SERVICING AGREEMENTS .......................................................................................................................................................................................... 30
Zoning Bylaw No. 2017-10
Page 2
4.
General Regulations ...................................................................................................................................................................................... 31
4.1
LICENSES, PERMITS, AND COMPLIANCE WITH OTHER BYLAWS AND LEGISLATION ................................................................................................. 31
4.2
PRINCIPAL USE ESTABLISHED4 .................................................................................................................................................................................. 31
4.3
MULTIPLE USES .......................................................................................................................................................................................................... 31
4.4
USES PERMITTED IN ALL ZONING DISTRICTS ............................................................................................................................................................. 31
4.5
NUMBER OF PRINCIPAL BUILDINGS ON A SITE ......................................................................................................................................................... 31
4.6
ACCESORY BUILDINGS, USES, AND STRUCTURES ...................................................................................................................................................... 32
4.7
FRONT YARD REDUCTION .......................................................................................................................................................................................... 32
4.8
FRONTAGE FOR IRREGULAR SITES ............................................................................................................................................................................. 32
4.9
PERMITTED YARD ENCROACHMENTS........................................................................................................................................................................ 32
4.10
GRADING AND LEVELING OF SITES ............................................................................................................................................................................ 32
4.11
DEVELOPMENT ALONG ACTIVE RAILWAYS................................................................................................................................................................ 33
4.12
HEIGHT OF BUILDINGS ............................................................................................................................................................................................... 33
4.13
HERITAGE PROPERTIES .............................................................................................................................................................................................. 33
4.14
SIGNAGE ON NATURAL AND HUMAN HERITAGE SITES ............................................................................................................................................. 33
4.15
BUFFER STRIPS ........................................................................................................................................................................................................... 33
4.16
CLOSINGS ................................................................................................................................................................................................................... 33
4.17
SATELLITE DISHES ...................................................................................................................................................................................................... 33
4.18
PRIVATE GARAGES, CARPORTS, SUNROOMS, SOLARIUMS, AND GREENHOUSES .................................................................................................... 33
4.19
TRAILERS, BOX CARS, SEA AND RAIL CONTAINERS .................................................................................................................................................... 34
4.20
PUBLIC SWIMMING POOLS ........................................................................................................................................................................................ 34
4.21 DISPOSAL OF WASTES ................................................................................................................................................................................................ 34
4.22 SOLID AND LIQUID WASTE DISPOSAL FACILITIES ...................................................................................................................................................... 34
4.23 DEVELOPMENT ALONG PIPELINES AND GAS TRANSMISSION ................................................................................................................................... 35
5.
Discretionary Use Standards for Development ............................................................................................................................................... 36
5.1
TERMS AND CONDITIONS FOR DISCRETIONARY USE APPROVALS ............................................................................................................................ 36
5.2
GENERAL DISCRETIONARY USE EVALUATION CRITERIA ............................................................................................................................................ 36
5.3
HOME OCCUPATIONS (HOME-BASED BUSINESSES) .................................................................................................................................................. 37
5.4
SECONDARY SUITES ................................................................................................................................................................................................... 37
5.5
MODULAR HOMES ..................................................................................................................................................................................................... 38
5.6
BED AND BREAKFAST HOMES .................................................................................................................................................................................... 38
5.7
CHILD DAY CARE CENTRES AND PRE-SCHOOLS ......................................................................................................................................................... 38
5.8
ADULT DAY CARES ..................................................................................................................................................................................................... 38
5.9
RESIDENTIAL CARE HOMES ........................................................................................................................................................................................ 39
5.10 CAMPGROUNDS......................................................................................................................................................................................................... 39
5.11 ABOVE GROUND FUEL STORAGE TANKS ................................................................................................................................................................... 40
5.12 WIND ENERGY FACILITIES .......................................................................................................................................................................................... 41
Zoning Bylaw No. 2017-10
Page 3
6.
Zoning Districts and Zoning Map ................................................................................................................................................................... 43
6.1
ZONING DISTRICTS ..................................................................................................................................................................................................... 43
6.2
THE ZONING DISTRICT MAP ....................................................................................................................................................................................... 43
6.3
BOUNDARIES OF ZONING DISTRICTS ......................................................................................................................................................................... 43
6.4
HOLDING DESIGNATION ............................................................................................................................................................................................ 43
7.
Residential District - R .................................................................................................................................................................................. 44
7.1
PERMITTED USES ....................................................................................................................................................................................................... 44
7.2
DISCRETIONARY USES ................................................................................................................................................................................................ 44
7.3
SITE DEVELOPMENT REGULATIONS ........................................................................................................................................................................... 44
7.4
DEVELOPMENT STANDARDS FOR MOBILE HOMES ................................................................................................................................................... 46
7.5
ACCESSORY BUILDINGS AND STRUCTURES ............................................................................................................................................................... 46
7.6
FENCE AND HEDGE HEIGHT ....................................................................................................................................................................................... 47
7.7
SIGNAGE .................................................................................................................................................................................................................... 47
7.8
OUTSIDE STORAGE..................................................................................................................................................................................................... 47
7.9
STANDARDS FOR DISCRETIONARY USES .................................................................................................................................................................... 48
8.
Village Centre Commercial District - C1 ......................................................................................................................................................... 49
8.1
PERMITTED USES ....................................................................................................................................................................................................... 49
8.2
DISCRETIONARY USES ................................................................................................................................................................................................ 49
8.3
SITE DEVELOPMENT REGULATIONS ........................................................................................................................................................................... 50
8.4
ACCESSORY BUILDINGS.............................................................................................................................................................................................. 51
8.5
SIGNAGE .................................................................................................................................................................................................................... 51
8.6
LANDSCAPING ............................................................................................................................................................................................................ 51
8.7
STANDARDS FOR DISCRETIONARY USES .................................................................................................................................................................... 51
9.
Highway Commercial/Industrial District - C/I ................................................................................................................................................ 53
9.1
PERMITTED USES ....................................................................................................................................................................................................... 53
9.2
DISCRETIONARY USES ................................................................................................................................................................................................ 54
9.3
SITE DEVELOPMENT REGULATIONS ........................................................................................................................................................................... 54
9.4
ACCESSORY BUILDINGS.............................................................................................................................................................................................. 55
9.5
FENCE AND HEDGE HEIGHT ....................................................................................................................................................................................... 55
9.6
LANDSCAPING ............................................................................................................................................................................................................ 55
9.7
LOADING REQUIREMENTS ......................................................................................................................................................................................... 56
9.8
SIGNAGE .................................................................................................................................................................................................................... 56
9.9
OUTSIDE STORAGE..................................................................................................................................................................................................... 56
9.10
STANDARDS FOR DISCRETIONARY USES .................................................................................................................................................................... 56
9.11
PERFORMANCE STANDARDS (QUALITY CONTROL) ................................................................................................................................................... 58
Zoning Bylaw No. 2017-10
Page 4
10.
Community Service District - CS .................................................................................................................................................................... 59
10.1
PERMITTED USES ....................................................................................................................................................................................................... 59
10.2
DISCRETIONARY USES ................................................................................................................................................................................................ 59
10.3
SITE DEVELOPMENT REGULATIONS ........................................................................................................................................................................... 60
10.4
SIGNAGE .................................................................................................................................................................................................................... 61
10.5
LANDSCAPING ............................................................................................................................................................................................................ 61
10.6
STANDARDS FOR DISCRETIONARY USES .................................................................................................................................................................... 61
11.
Passive Community Service District - CS2 ...................................................................................................................................................... 62
11.1
PERMITTED USES ....................................................................................................................................................................................................... 62
11.2
SITE DEVELOPMENT REGULATIONS ........................................................................................................................................................................... 62
11.3
SIGNAGE .................................................................................................................................................................................................................... 62
11.4
LANDSCAPING ............................................................................................................................................................................................................ 63
11.5
STANDARDS FOR DISCRETIONARY USES .................................................................................................................................................................... 63
12.
Direct Control District - DCD ......................................................................................................................................................................... 64
12.1
OBJECTIVES ................................................................................................................................................................................................................ 64
12.2
CRITERIA FOR DEVELOPMENT IN THE DCD ............................................................................................................................................................... 64
13.
Future Urban Development District - FUD .................................................................................................................................................... 65
13.1
PERMITTED USES ....................................................................................................................................................................................................... 65
13.2
DISCRETIONARY USES ................................................................................................................................................................................................ 65
13.3
SITE DEVELOPMENT REGULATIONS ........................................................................................................................................................................... 65
13.4
SIGNAGE .................................................................................................................................................................................................................... 66
13.5
SUPPLEMENTARY REGULATIONS ............................................................................................................................................................................... 66
14.
Flood Hazard Overlay - FH ............................................................................................................................................................................ 67
14.1
DEFINING THE BOUNDARY ........................................................................................................................................................................................ 67
14.2
SITE REGULATIONS IN THE FLOOD HAZARD LAND AREAS ......................................................................................................................................... 67
14.3
FLOOD PROOFING REGULATIONS.............................................................................................................................................................................. 67
Zoning District Map ................................................................................................................................................................................................. 71
Zoning Bylaw No. 2017-10
Page 5
1. Introduction
1.1
AUTHORITY
Under the authority granted by the Planning and Development Act, 2007, the Mayor and Council of the Village of Abbey in the Province of Saskatchewan, in
open meeting, hereby enact as follows:
1.2
TITLE
This Bylaw shall be known and may be cited as the "Zoning Bylaw" of the Village of Abbey.
1.3
PURPOSE
1.3.1
The purpose of this Bylaw is to regulate development and to control the use of land in the Village of Abbey in accordance with the Village of Abbey
Official Community Plan Bylaw No. 2017-09.
1.3.2
The intent of this Zoning Bylaw is to provide for the amenity of the area within the Village of Abbey (hereinafter referred to as the Village) and for the
health, safety, and general welfare of the inhabitants of Abbey and area:
a. To minimize land use conflicts;
b. To establish minimum standards to maintain the amenity of the Village;
c. To ensure development is consistent with the physical limitations of the land;
d. To restrict development that places undue demand on the Village for services; and,
e. To provide for land-use and development that is consistent with the goals and objectives of the Village.
1.4
SCOPE
This Bylaw applies to all land included within the boundaries of the Village of Abbey. All development within the limits of the Village of Abbey shall hereafter
conform to the provisions of this Bylaw.
1.5
SEVERABILITY
A decision of a Court that one or more of the provisions of this Bylaw are invalid in whole or in part does not affect the validity, effectiveness, or
enforceability of the other provisions or parts of the provisions of this Bylaw.
Zoning Bylaw No. 2017-10
Page 6
2. Definitions
Whenever the subsequent words or terms are used in this Bylaw and the Village of Abbey Official Community Plan Bylaw No. 2017-09, they shall have the
following definition unless the context indicates otherwise.
A
Abattoir: A facility for butchering or slaughtering animals, and to dress,
cut, inspect meats, refrigerate, cure, and manufacture byproducts.
Accessory: A building or use that:
a. Is subordinate to and serves the principal building or principal use;
b. Is subordinate in area, mass, extent, and purpose to the principal
building or principal use served;
c. Contributes to the comfort, convenience, or necessity of occupants
of the principal building or assists the principal use; and,
d. Is located on the same site as the principal building or use.
Act: The Planning and Development Act, 2007, Province of Saskatchewan,
as amended from time to time.
Administrator: The Administrator of the Village of Abbey.
Aggregate Resource: See Quarriable Substance.
Agricultural: A use of land, buildings or structures for the purpose of
animal husbandry, fallow, field crops, forestry, market gardening,
pasturage, private greenhouses and includes the growing, packing,
treating, storing, and sale of produce produced on the premises and other
similar uses customarily carried on in the field of general agriculture.
Alteration or Altered: With reference to a building, structure, or site
means a change from one (1) major occupancy class or division to
another, or a structural change such as an addition to the area or height,
or the removal or part of a building, or any change to the structure such
as the construction of, cutting into, or removal of any wall, partition,
column, beam, joist, floor, or other support, or a change to or closing of
any required means of egress or a change to the fixtures, equipment,
cladding, trim, or any other items regulated by this Bylaw such as parking
and landscaping.
Animal Clinic: A building or part thereof used by a qualified veterinarian
for the treatment of animal health needs where animals are not kept on
the premises for surgery or kept overnight.
Animal Hospital: The premises of a veterinary surgeon where small, large
domestic animals and livestock are treated or kept involving surgery and
the keeping of animals in outdoor or indoor pens.
(Animal) Veterinary Clinics: A place for the care and treatment of small
animals involving outpatient care and medical procedures involving
hospitalization, but shall not include the keeping of animals in outdoor
pens.
Apartment Block: A building containing three (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 rooming
house.
Applicant: A developer or person applying for a development permit
under this Bylaw or for a subdivision approval to an approving authority
under the Planning and Development Act, 2007.
Attic: That portion of a building situated wholly or in part within the roof
and which is less than one-half (1/2) story.
Automobile (Motor Vehicle): A self-propelled passenger vehicle that
usually has four (4) wheels and an internal-combustion engine, used for
land transport.
Zoning Bylaw No. 2017-10
Page 7
Auto Wrecker: An area where motor vehicles as disassembled,
dismantled or junked, or where vehicles not in operable condition, or
used parts of motor vehicles, are stored, or sold to the general public.
Awning: A structure that is mechanical and fabricated from plastic,
canvas, or metal that is spread across a frame designed to be attached to
a wall and hung above a doorway or window.
B
Basement: That portion of a building that is partly or wholly
underground.
Bed and Breakfast: A dwelling unit, licensed as a tourist home under The
Public Accommodations Regulations, in which overnight accommodation
within the dwelling unit, along with one (1) meal served before noon, is
provided to the traveling public for a charge.
Billboard: A private free standing sign, including supporting structure,
which advertises goods, products, services, organizations, of facilities that
are available from, located on, or refer to, a site other than the site on
which the sign is located.
Buffer: A strip of land, vegetation, or land use that physically separates
two (2) or more different land uses.
Building: A structure constructed on, in, or over land and used for the
shelter or accommodation of persons, animals, goods, or chattels, and
includes any structure covered by a roof supported by walls or columns.
Building, Accessory: (See Accessory).
Building Bylaw: A Bylaw of the Village of Abbey to regulate the erection,
alteration, repair, occupancy, or maintenance of buildings and structures.
Building Height: The vertical distance of a building measured from the
grade level to the highest point of the roof.
Building Permit: A permit, issued under the Building Bylaw of the Village
of Abbey, authorizing the construction of, or the addition to, any building
but does not include a development permit.
Building, Principal: A building in which is conducted the main or primary
use of the site on which said building is situated.
Building Line, Established: The average distance from the street line to
the main wall of existing buildings on any side of any block where more
than half the frontage of the block has been built on.
Bulk Fuel Sales and Storage: Includes land, buildings, and structure for
the storage and distribution of fuels and oils including retail sales or
cardlock operation.
Business Support Services: Activities intended to provide administrative,
promotional, or technical support for commercial and industrial activities.
Bylaw: The Village of Abbey Zoning Bylaw.
C
Campground: An area used for a range of overnight camping experiences,
from tenting to serviced trailer sites, including accessory facilities which
support the use, such as administration offices and laundry facilities, but
not including the use of mobile homes or trailers on a permanent year-
round basis.
Cardlock Operation: A petroleum dispensing outlet without full-time
attendants.
Carport: A building or structure or part thereof, where at least 40% of the
area of the perimeter is open and unobstructed by a wall, door, post, or
pier and which is used for the parking or storage of motor vehicles.
Cemetery: A cemetery or columbarium within the meaning of The
Cemeteries Act Chapter C-4, R.S.S. 1981, as amended from time to time.
Zoning Bylaw No. 2017-10
Page 8
Club: A group of people organized for a common purpose, to pursue
common goals, interest, or activities, and usually characterized by certain
membership qualifications, payment of dues or fees, regular meetings,
and a constitution and bylaws.
Commercial Use: The use of land, building(s), or structure(s) for the
purpose of buying and selling commodities, and supplying professional
and personal services for compensation.
Commercial/Industrial Use, Large Scale: Commercial or industrial land
uses maintaining a lineal frontage in excess of 90 metres (295 ft).
Commercial/Industrial Use, Small Scale: Commercial or industrial land
uses maintaining a lineal frontage of less than 90 metres (295 ft).
Community Facilities: Buildings or facilities used for recreational, social,
educational, or cultural activities and that are owned by a municipal
corporation, non-profit corporation, or other non-profit organization.
Compost: Materials used in gardening, agriculture, landscaping, erosion
control, wetland construction, and landfill cover.
Concrete and Asphalt Plant: An industrial facility used for the production
of asphalt or concrete, or asphalt or concrete products, used in building
or construction, and includes facilities for the administration or
management of the business, the stockpiling of bulk materials used in the
production's process or of finished products manufactured on the
premises and the storage and maintenance of required equipment.
Condominium: Land, buildings, and units, including private and common
property as defined under The Condominium Property Act.
Conservation: The planning, management, and implementation of an
activity with the objective of protecting the essential physical, chemical,
and biological characteristics of the environment.
Construction Trades: Offices, shops, and warehouses, with or without
retail sales for trades associated with construction of buildings.
Contractors Yard: The yard of a contractor or company, including
landscaping materials used as a depot for the storage and maintenance of
equipment used by the contractor or company, and includes facilities for
the administration or management of the business and the stockpiling or
storage of supplies used in the business.
Convenience Store: A store offering for sale primarily food products,
beverages, personal care items, hardware, and printed matter and which
primarily provide a convenient day-to-day service to residents in the
vicinity.
Council: The Council of the Village of Abbey.
Cultural Institution: Establishments such as museums, art galleries,
libraries, and similar facilities or historical, educational, or culturally
interests which are not commercially operated.
D
Day Care Centre: An establishment providing for the care, supervision,
and protection of children or adults but does not include the provision or
overnight supervision.
Deck: Any raised floor structure at least 0.3 metres (1 ft) above the
average ground level upon which it is constructed, either adjacent to a
building or free-standing with stairway, ramp, or similar access.
Development: The carrying out of any building, engineering, mining, or
operations in, on, or over land, or making of any material change in the
use or intensity of use of any building, or land, and shall include, but not
be limited to, excavating, filling, grading, or drainage of land.
Development Officer: A person appointed by the Village Council to act as
a Development Officer to administer this Bylaw.
Zoning Bylaw No. 2017-10
Page 9
Demolition Permit: A permit issued for the removal or dismantling of a
building or structure within the Village's boundaries as prescribed under
Section 13 of The Uniform Building and Accessibility Standards Act.
Development Permit: A document issued by the Council of the Village of
Abbey that authorizes development pursuant to this Bylaw, and does not
include a building permit.
Directional Signage: Signage located off-site providing direction to, and
information about, a specific enterprise or activity which does not contain
general advertising.
Discretionary Use: Uses or development of land, buildings, or other
structures that may be permitted in a zoning district only at the discretion
of Council and which conforms to all discretionary use regulations and
other regulations applicable to the district in which the use is located.
Dwelling: A building or part of a building intended for residential
occupancy.
Dwelling Unit: One (1) or more habitable rooms used, or fully capable of
being used as a residence, where each unit provides sleeping, cooking,
and toilet facilities.
Dwelling, Duplex: A building divided that is divided into two (2) dwelling
units with separate entrances and separated by a common party wall.
Dwelling Group: A group of single-detached, semi-detached, or multiple
unit dwellings clustered on one (1) lot or site, built as one (1)
development.
Dwelling, Multiple Unit: A building containing three (3) or more dwelling
units and shall include condominiums, townhouses, row houses, and
apartments as distinct from a rooming house, hotel, or motel.
Dwelling, Semi-Detached: A building divided vertically into two (2)
dwelling units by a common wall extending from the base of the
foundation to the roofline.
Semi-Detached Dwelling
Dwelling, Single-Detached: A building containing only one (1) dwelling
unit, and shall not include a mobile home as herein defined.
Single-Detached Dwelling
Dwelling, Townhouse: A dwelling, designed as one (1) cohesive building
in terms of architectural design, which contains three (3) or more similar
attached dwelling units each of which fronts on a street, has direct access
to the outside at grade and is not wholly or partly above another
dwelling.
Zoning Bylaw No. 2017-10
Page 10
Townhouse Dwelling
E
Educational Institution: An establishment dedicated for the purpose of
providing education and instruction in any branch of knowledge.
Existing: In place, or taking place, or with all approvals and permits in
place on the date of the adoption of this Bylaw.
F
Farm Building/Yard: Improvements such as barns, granaries, etc. used in
connection with the growing and sale of trees, shrubs, and sod or the
raising or production of crops, livestock or poultry, fur production, bee
keeping and situated on a parcel of land used for the farm operation.
Fence: A structure used to enclose or screen areas of land.
Fill (Clean Fill): Soil, rock, or other material approved by the Village.
Flanking: Means to the side of a lot, parcel, or site.
Flood: A temporary rise in the water level that results in the inundation of
areas not ordinarily covered by water.
Floodway: The portion of the flood plain adjoining the channel where the
waters in the 1:500 year flood are projected to meet or exceed a depth of
one (1) metre or a velocity of one (1) metre per second.
Flood-Proofed: A measure, or combination of structural and non-
structural measures, incorporated into the design of a structure which
reduces or eliminates the risk of flood damage to a defined elevation.
Flood Fringe: The portion of the flood plain where the waters in the 1:500
year flood are projected to be less than a depth of one (1) metre or a
velocity of one (1) metre per second.
Cross-section of a Flood Fringe and Floodplain
Floor Area: The maximum area contained within the outside walls of a
building, excluding in the case of a dwelling, any private garage, porch,
veranda, open deck, unfinished attic, or unfinished basement or cellar
and in a commercial or industrial building, any utility room.
Future Land Use Map: In its projections, the map specifies certain areas
for growth and others for residential, industry, commercial, and
conservation. The Future Land Use Map for Abbey is attached as
Appendix "A "in the Official Community Plan.
Frontage (Lot Frontage): The distance across the street side of a lot (a lot
must front on a street), between the points where the side lines of the lot
meet the street right-of-way or boulevard; or, where a lot is irregular in
shape and is narrowest at the front street end, the width of the lot shall
be measured parallel to the street line at the centre of the front lot line,
and at a setback from the front lot line no greater than the minimum
permitted building setback.
Zoning Bylaw No. 2017-10
Page 11
G
Garage, Private: A building or part of a building used for or intended to be
used for the storage of motor vehicles and wherein neither servicing nor
repairing of such vehicles are carried on for remuneration.
Garage, Public: A building or place where motor vehicles are stored or
repaired for remuneration though does not include car washing
establishments, an auto sales lot, or an automobile service station.
Gas Bar: A building or place where fuel and automotive fluids are sold and
may be added to a vehicle on the property, and which may have a
convenience store and/or restaurant.
Grade: The average elevation of the natural ground level at the walls of a
building or structure as determined by the elevation of the four outside
corners of the building.
Greenhouse, Commercial: A building for the growing of flowers, plants,
shrubs, trees, and similar vegetation that are not necessarily transplanted
outdoors on the same site, but are sold directly at wholesale or retail
from the site.
Greenhouse, Private: A building for the growing of flowers, plant, shrubs,
trees, and similar vegetation that are transplanted outdoors on the same
site containing such greenhouse(s), and where greenhouse products may
not be offered for sale.
Greenways: Corridors or protected open spaces that are publicly or
privately owned and managed for conservation and recreation purposes.
Group Home: See Personal Care Home.
H
Hazardous Industry/Substance: A substance that, because of its quality,
concentration or physical, chemical, or infectious characteristics, either
individually or in combination with other substances on the site is an
existing or potential threat to the physical environment, to human health,
or other living organisms.
Hazard(ous) Land: Land having inherent environmental hazards, land
subject to flooding, earth movement, or slope instability, land with poor
natural drainage, ground water seepage, erosion, steep slopes, rock
formations, or other similar features.
Health Service Facility (Health Clinic): A building or part thereof used by
qualified health service practitioners for the treatment of human health
needs.
Heritage Resource: The history, culture, and historical resources of an
area and its residents.
Highway Commercial: Commercial activities normally located along
highways, major roadways, and in other locations considered strategic by
the type of business involved serving the needs of local residents and the
traveling public.
Highway Sign Corridor: A strip of land parallel and adjacent to a provincial
highway, where private signs may be permitted to advertise goods and
services of local area businesses and attractions, as provided by
regulations of the Department of Highways entitled The Erection of Signs
Adjacent to Provincial Highway Regulations, 1986, as may be amended
from time to time.
Home Occupation (Home Based Business): An occupation, trade,
profession, or craft customarily conducted for gain in a dwelling unit or
accessory building by the resident or residents, which is clearly secondary
to the principal use of the site and which does not create or become a
public nuisance as a result of noise, traffic, pollution, or parking. Home
occupations shall not occupy more than 25% of the total finished floor
area of a dwelling unit in any Residential District.
Zoning Bylaw No. 2017-10
Page 12
Hotel: A building or structure or part of a building or structure in which
sleeping accommodation with or without meals is provided for tourists or
travelers, and where a guest register or record is kept, but does not
include a motel or rooming house.
I
Industrial Exclusionary Uses: Refers to certain industrial activities that
may be characterized as exhibiting a high potential for adversely affecting
the safety, use, amenity, or enjoyment of adjacent and nearby industrial
and non-industrial sites due to their scale, appearance, noise, odour,
emissions, and hazard potential. Such activities are considered
exclusionary when the only means of mitigating the associated negative
effects on surrounding land uses is through spatial separation.
Exclusionary uses include though are not be limited to the following:
landfill; ethanol plant; transformer stations; uranium refineries;
anhydrous ammonia storage; and, distribution centres.
Industrial Use: The use of land, buildings, or structures for the
manufacturing, assembling, processing, fabrication, warehousing, or
storage of goods and materials.
Industrial Park: An area of land set aside for industrial development,
usually located close to transport facilities, especially where more than
transport mode coincides, i.e. highways, railroads, airports.
Infill Development: Re-development within existing areas or
neighbourhoods.
Institutional Use: The use of land, buildings, or structures for religious,
charitable, educational, health, or welfare purposes and includes
churches, public or private schools, nursery schools, hospitals, and special
care.
K
Kennel, Boarding: The temporary accommodation of more than four (4)
dogs, cats, or other domestic animals for commercial purposes.
Kennel, Breeding: The keeping of domestic animals, male and female,
and which are more than twelve (12) months old, for breeding purposes.
Kennel, Enclosure: An accessory building or enclosure intended to house
one (1) or more domestic animals.
L
Landfill: A specially engineered site for disposing of solid waste on land,
constructed so that it will reduce hazard to public health and safety.
Landscaped Area: An area not built upon and not used for any purpose
other than as an open space that may include grass, shrubs, flowers,
trees, and similar types of vegetation and may contain paths, walks,
patios, fences and similar outdoor amenities, and does not include
parking areas, parking lots, driveways, or ramps.
Land Use Zoning District: Divisions identified in the Zoning Bylaw
establishing permitted and discretionary uses of land or buildings with
attendant regulations.
Lane: A secondary public thoroughfare intended primarily to give access
to the rear or side of the abutting property.
Livestock: Domesticated animals used primarily as beasts of burden or for
the production of fur, hides, meat, milk, eggs or other product, or as
breeding stock, and excludes companion animals.
Loading Space: A space measuring at least 2.5 metres (8 ft) in width and
8.5 metres (28 ft) in depth, located on a lot, and having access to a street
or lane, in which a vehicle may park to load or unload.
Zoning Bylaw No. 2017-10
Page 13
Lot (see Site): An area of land with fixed boundaries on record with the
Information Services Corporation (ISC) by Certificate of Title. For the
purposes of this Bylaw the terms "lot" and "site" shall be deemed not to
mean the same.
Lounge: A room or area adjoining a restaurant set aside for the sale of
beverage alcohol for consumption on the premises, with food, either in
the lounge or in the adjoining restaurant. The area of a lounge may not
exceed 50% or the public assembly area in the adjoining restaurant,
subject to provincial regulations.
M
Manufacturing Establishment: A firm or business engaged in the
mechanical or chemical transformation of materials or substances into
new products including the assembling of component parts, the
manufacturing of products, and the blending of materials.
Marquee: A roof-like structure of a permanent nature which projects
from the wall of a building that is independently supported by a system of
columns or piers without walls over an entrance to a building.
Mayor: The Mayor of the Village of Abbey.
Minister: The member of the Executive Council to whom for the time
being is assigned the administration of the Planning and Development
Act, 2007.
Mini-Storage: A commercial facility made up of more than one (1) unit in
which customers can rent space to store possessions.
Mixed-Use: A mix of land uses that facilitate the mixing, rather than
separation of, land uses in one (1) distinctive environment, either
vertically in the same building or horizontally adjacent. It is intended to be
compatible with adjacent uses.
Mobile Home: A trailer coach that may be used as a dwelling all year
round; has water faucets and shower or other bathing facilities that may
be connected to a water distribution system; has facilities for washing
and a water closet or other similar facility that may be connected to a
sewage system; and that conforms to the Canadian Standards Association
(CSA) Standard #Z240.
Double-Wide Mobile Home
Mobile Home Park: A site under single management for the placement of
two (2) or more mobile homes and shall include all accessory buildings
necessary to the operation and does not include an industrial or
construction camp or tourist campsite. For the purpose of this Bylaw the
terms mobile home park and mobile home court shall be deemed to
mean the same.
Mobile Home Site: An area of land in a mobile home park that is intended
to be occupied by one mobile home and for exclusive use of its occupants
with access to a driveway or a public street.
Mobile Home Subdivision: Any subdivision of land and the development
thereof for the purpose of accommodating mobile homes in such a
manner that each home is situated on its own site and in which all such
sites, public open spaces, internal streets and lanes, buffer zones, and
other amenity areas form a contiguous area of development.
Zoning Bylaw No. 2017-10
Page 14
Modular (Manufactured) Home: A residential dwelling that is
constructed off site in a yard or factory, in one (1) or more sections,
transported to a site for permanent installation on a permanent
foundation (may have a basement), having architectural features similar
to permanent residential dwellings built on site in the Village, and
conforming to Canadian Standards Association (CSA) Standard A277.
Modular (Manufactured) Home
Modular (Manufactured) Home Subdivision: Any subdivision of land and
the development thereof for the purpose of accommodating modular
homes in such a manner that each home is situated on its own site and in
which all sites, public open space, internal streets, buffer zones, and other
amenity areas form a contiguous area of development.
Motel or Motor Hotel: A building or buildings consisting of a number of
individual rental units, intended for the use of the traveling public, each
containing at least a bedroom and bathroom, and each having convenient
access to a parking space for the use of the occupants of the units and
may or may not provide food service.
Multiple-Unit Building: A building containing two (2) or more distinct
uses, each of which is allowed in the zoning district in which the building
is located.
Multiple Complimentary (Vertically Integrated) Activities: The
accommodation of multiple complimentary activities which could be
considered principal permitted uses under single or multiple ownership
within one (1) or more buildings on a single parcel where these uses are
considered to provide additional processing and/or the sale of
manufactured goods produced onsite.
Municipality: The Village of Abbey.
Municipal Reserve: Dedicated lands that are provided to a municipality
for public use, or that were dedicated as public reserve and transferred to
a municipality pursuant to of the Planning and Development Act, 2007.
Museum: An institution that is established for the purpose of acquiring,
conserving, studying, interpreting, assembling, and exhibiting to the
public for its instruction and enjoyment, a collection of artifacts of
historical interest.
N
Natural Areas: An area relatively undisturbed by human activities and
characterized by indigenous species including remnant or self-sustaining
areas with native vegetation, water, or natural features.
Non-Conforming Use: Any use of land, building, or structure lawfully
existing or under construction where permits have been issued at the
time of the passing of this Bylaw, the use of which does not comply with
all the regulations of this Bylaw governing the zoning district in which it is
located.
Noxious Use or Condition: Any use or facility that causes or produces
harmful or hazardous noise, vapours, smoke, dust (particles suspended in
or transported by air), vibrations, electrical or electromagnetic fields,
glare, or light.
Zoning Bylaw No. 2017-10
Page 15
O
Office or Office Building: A building or part of a building used primarily
for conducting the affairs of a business, profession, service, industry, or
government in which no goods or commodities of business or trade are
stored, trans-shipped, sold, or processed.
Official Community Plan (OCP): The Village of Abbey Official Community
Plan Bylaw No. 2017-09, as per Section 32 of the Planning and
Development Act, 2007.
Open Space: Passive and structure leisure and recreation areas that
enhance the aesthetic quality and conserve the environment of the
community, including parks, recreation and tourism nodes, and natural
areas.
Outdoor Maintenance: Maintenance services have all or any portion of
their operations located outside of an enclosed building.
P
Parking Lot: An open area, other than a street, used for the temporary
parking of more than four (4) vehicles and available for public or private
use.
Parking Space: A space within a building or parking lot for the parking of
one (1) motor vehicle including convenient access to a public lane or
street and shall be not less than 2.5 metres (8 ft) wide and 5.5 metres (18
ft) in length.
Pasture: A site that is used for the raising and feeding of livestock by
grazing.
Patio: Any hard surface or floor structure less than 0.3 metres (1 ft) above
the average ground level upon which it is constructed.
Permitted Use: The use of land, buildings, or other structures that shall
be permitted in a zoning district where all requirements of this Zoning
Bylaw are met.
Person: A person shall apply to an individual, association, firm,
partnership, corporation, trust, or agent, and their heirs, executors, or
other legal representatives of a person to whom the same can apply
according to the law.
Personal Care Home: A facility licensed under the Personal Care Homes
Act that provides long-term residential, social, and personal care,
including accommodation, meals, supervision, or assistance for persons
who have some limits on ability for self-care, and are unrelated to the
operator or owner.
Personal Service Trades: A building or part of a building in which persons
are employed in furnishing services and administering to customer's
personal and/or grooming needs, though does not include the provision
of health related services.
Places of Worship: A building set aside by any religious organization for
public worship. Typical uses include churches, chapels, mosques, temples,
synagogues, and parish halls.
Pond: Any constructed containment of water for the purpose of
landscape enhancement, keeping ornamental fish or aquatic plants, or for
other similar purposes, though not a swimming pool.
Principal Use: The main or primary activity, for which a site or its
buildings are designed, arranged, developed, or intended, or for which is
occupied or maintained.
Public Work: A facility as defined under the Planning and Development
Act, 2007 including a system, work, plant, equipment, or service, whether
owned or operated by the municipality, or by a corporation under federal
Zoning Bylaw No. 2017-10
Page 16
or provincial statute, that furnishes any of the following services and
facilities to, or for the use of, the inhabitants of the Village of Abbey:
Communication by way of telephone lines, optical cable, microwave,
and cable;
Television services;
Delivery of water, natural gas, and electricity;
Public transportation by bus, rail, or other vehicle production,
transmission;
Collection and disposal of sewage, garbage, and other wastes; and,
Fire and police services.
Q
Quarriable Substance: Any mineral substance, the property of the Crown
in the right of Saskatchewan, which is capable of being quarried and
includes bentonite, building stone, granite, gravel, gypsum, limestone,
marble, marl, sand, slate, volcanic ash, and any other substance which
may from time to time be declared by the Lieutenant Governor in Council
to be a quarriable substance within the meaning of these regulations.
R
Real-Estate Signage: Signage directly associated with the sale of a
property on which it is located and which maintains a gross surface area
of less than 1 m² (11 ft²).
Recreational Use: The use of land for parks, playgrounds, tennis courts,
lawn bowling greens, indoor and outdoor skating rinks and curling rinks,
athletic fields, golf courses, picnic areas, swimming pools, day camps,
community centres, and all similar uses, together with the necessary and
accessory building sand structures; though does not include the racing of
animals or motorized vehicles.
Recreational Vehicle: A vehicle, such as a camper, motor home, or all-
terrain vehicle, used for traveling and recreational activities.
Recreational Vehicle (RV) Park: An area of land, managed as a unit,
providing short-term accommodation for motor homes and camping
trailers, including accessory facilities such as administration offices and
laundry facilities.
Recycling Collection Depot (Neighbourhood): A building or structure
used for the collection and temporary storage of recyclable household
material such as bottles, cans, plastic containers, paper, and paint, though
shall not include the processing of recyclable material other than
compaction; the collection and storage of oil, solvents, or other
hazardous material; or, outdoor compaction or storage.
Recycling Collection Facility (Commercial): A building or structure
intended to accommodate the collection, sorting, processing, and
temporary storage of recyclable materials that would otherwise be
considered waste. These types of uses include outdoor processing or
storage.
Redevelopment See Infill Development.
Residence: See Residential Use.
Residential Care Home: A licensed or approved group care home
governed by provincial regulations that provide, in a residential setting,
twenty-four (24) hour care of persons in need of personal services,
supervision, or assistance essential for sustaining the activities of daily
living or for the protection of the individual.
Residential Use: The use of land, buildings, or structures for human
habitation.
Restaurant: A building or part of a building wherein food is prepared and
offered for sale to the public primarily for consumption within the
building. Limited facilities may be permitted to provide for a take-out
food function provided that such a facility is clearly secondary to the
primary restaurant use.
Zoning Bylaw No. 2017-10
Page 17
Retail Store (Shop): A building or part thereof, or a place, where goods,
wares, merchandise, substances, or articles are offered or kept for sale or
rent, and may include servicing and the manufacturing of products on site
for sale on the site so long as the gross floor area used for manufacturing
does not exceed 25% of the gross floor area of the retail store.
Right-of-Way: The land set aside for use as a roadway or utility corridor.
Rights-of-way are purchased prior to the construction of a new road or
utility line, and usually enough extra land is purchased for the purpose of
providing mitigative features. Sometimes road rights of way are left
vacant after the initial roadway facility is constructed to allow for future
expansion.
Rooming House (Boarding House): A building which contains a room or
rooms for accommodation other than a dwelling unit or other form of
accommodation defined elsewhere in this Bylaw, where meals may or
may not be provided, with sleeping facilities and may include private
toilet facilities.
Ready to Move (RTM) Home: A residential dwelling that is constructed
off-site in a yard or factory to National Building Code and transported as a
single unit to a site for permanent installation on a permanent foundation
including a basement.
Ready to Move (RTM) Home
S
Satellite Dish: A parabolic antenna utilized for the reception of satellite
transmitted television or radio waves.
Salvage Yard (Wrecking): A parcel of land where second-hand, discarded
or scrap materials are bought, sold, exchanged, stored, processed or
handled. Materials include scrap iron, structural steel, rages, rubber tires,
discarded goods, equipment, appliances, or machinery.
School: An educational facility under the jurisdiction of a Board of
Education, a college, university, or any other school established and
maintained either wholly or partially at public expense, whether or not
the same is a boarding school and includes any dormitory building
accessory to such school.
Secondary Suite: A self-contained dwelling unit which is an accessory use
to, and located within, a detached building in which the principal use is a
one (1) unit dwelling.
Self-Service Storage Facility: A commercial business that rents
or leases storage rooms, lockers, containers, modular storage
units, and/or outdoor space, for businesses and individuals to store and
access their goods.
Service Station: A site used for the retail sale of lubricating oils and
gasoline, automobile accessories, and for the servicing and repairing of
motor vehicles essential to the operation of a motor vehicle; and, does
not include an auto body or painting shop, car sales lot, or a car washing
establishment.
Setback: The distance required to obtain the front yard, rear yard, or side
yard provisions of this Bylaw.
Zoning Bylaw No. 2017-10
Page 18
Shopping Centre: A building or group of buildings located on one (1) or
more contiguous and/or non-contiguous lot or site, in which four (4) or
more of the uses allowed in the zoning district are co-located for their
mutual benefit including the use of off-street parking and other joint
facilities.
Should, Shall, or May:
Shall is an operative word which means the action is obligatory.
Should is an operative word which means that in order to achieve
plan objectives, it is strongly advised that the action be taken.
May is an operative word meaning a choice is available, with no
particular direction or guidance intended.
Sign: Any device, letter, symbol, emblem, or picture, that is affixed to or
represented directly or indirectly upon a building, structure, or a piece of
land and that identifies or advertises any object, product, place, activity,
person, organization, or business in such a way as to be visible to the
public on any street, thoroughfare, or any other public place.
Sign, Billboard: A private free standing sign, including supporting
structure, which advertises goods, products, services, organizations, of
facilities that are available from, located on, or refer to, a site other than
the site on which the sign is located.
Sign, Canopy: A sign attached to, or painted on an awning, canopy or
freestanding canopy.
Sign, Fascia: A sign fastened to, or painted on the wall of a building or
structure in such a manner that the wall becomes the supporting
structure for, or forms the background surface of the sign and which does
not project more than 0.5 metres (2 ft) from such building or structure.
Sign, Freestanding: A sign, except a billboard, independently supported
and visibly separated from a building or other structure and permanently
fixed to the ground.
Sign, Height: The vertical distance measured from the highest point of the
sign to grade level at the centre of the sign.
Sign, Marquee: A sign that is mounted or painted on, or attached to an
awning, canopy, or marquee.
Sign, Off-Premises: A sign which contains any message chosen by a
person other than the person in control of the premises upon which the
sign is located.
Sign, Projecting (Awning): A structure that is mechanical and fabricated
from plastic, canvas, or metal that is spread across a frame designed to be
attached to a wall and hung above a doorway or window.
Sign, Temporary: A sign which is not permanently installed or affixed in
position, advertising a product or activity on a limited basis.
Site: An area of land, consisting of one (1) or more lots consolidated
under a single Certificate of Title, considered as a unit devoted to a
certain use or occupied by a building or a permitted group of buildings,
and the customary accessories and open spaces belonging to the same.
Site Area: The total horizontal area within the site lines of a site.
Site, Corner: A site at the intersection of two (2) or more public streets, or
upon two (2) parts of the same street, the adjacent sides of which street
or streets (or, in the case of a curved corner, the tangents at the street
extremities of the side site lines) contain an angle of not more than one
hundred thirty-five (135) degrees. In the case of a curved corner, the
corner of the site shall be that point on the street at the point of
intersection of the said tangents.
Site Coverage: The percentage of the site area covered by all the
buildings above the ground level.
Zoning Bylaw No. 2017-10
Page 19
Site Depth: The horizontal distance between the front site and rear site
lines, but where the front and rear site lines are not parallel the site
depth is the length of a line joining the midpoint of such site lines.
Site, Through: A site other than a corner site, having separate frontages
on two (2) streets. The front site line of a through site shall be determined
by predetermined building lines.
Site, Width: The horizontal distance between the side boundaries of the
site measured at a distance from the front lot line equal to the minimum
front yard required for the district in which the site is located.
Site Line: Any boundary of a site.
Site Line, Front: The line separating the site from the street; for a corner
site, the shorter line abutting a street; though in the case of a corner site
with two (2) street lines of equal length, the front site line shall be
designated by predetermined building lines.
Site Line, Rear: The site line at the rear of the site, opposite the front site
line.
Site Line, Side: A site line other than a front or rear site line.
Site Plan: A plan showing the location of existing and proposed buildings
on a site in relationship to the site lines.
Special Care Facility (Home): An institutionalized nursing home,
supervisory care home, sheltered care home or other facility used for the
purpose of providing supervisory care, personal care, and nursing care.
Special Needs Housing: Multiple unit dwellings or dwelling groups
operated by a non-profit corporation or public authority and used
exclusively for the domestic habitation of senior citizens, alternatively-
abled persons, occupants of subsidized housing, or the cohabitant spouse
and children of persons noted above.
Storage, Outdoor: The storage of equipment, goods, or materials outside
of any building or structure, including storage in unclosed portions of
buildings which are open to the air on the sides, as an accessory use to a
permitted principal use.
Storey: That portion of a building, other than an attic or basement,
between the upper surface of any floor and the upper surface of the floor
next above.
Storey, One-Half: That portion of a building situated wholly or in part
within the roof and in which there is sufficient space to provide a height
between finished floor and finished ceiling of between 1.6 metres (5 ft)
and 2.3 metres (8 ft) over a floor area which is not less than one-third
(1/3) nor more than two-thirds (2/3) of the floor area of the story next
below.
Stakeholders: Individuals, groups, or organizations who have a specific
interest or "stake" in a particular need, issue situation, or project and may
include members of the local community residents, community groups, or
local, provincial and federal governments.
Street: The whole and entire width of every highway, public road, or road
allowance vested in Her Majesty in the right of the Province of
Saskatchewan and shown as such on a plan of survey registered at the
Information Services Corporation (ISC).
Strip Mall (Mini Mall): A building of not more than 604 m2 (6501 ft2) in
gross floor area in which a minimum of three (3) and a maximum of six (6)
of the permitted or discretionary uses of the zoning district are located
together for their mutual benefit.
Structural Alteration: The construction or reconstruction of supporting
elements of a building or other structure.
Structure: Anything that is built, constructed, or erected that is located
on the ground or attached to something located on, or in the ground.
Zoning Bylaw No. 2017-10
Page 20
Subdivision: A division of land, and includes a division of a quarter section
into legal subdivision as described in the regulations made pursuant to
The Land Surveys Act, 2000.
Swimming Pool: Any body of water permanently located outdoors or
indoors, contained by artificial means and used and maintained for the
purpose of swimming, wading, or diving and having a depth of 0.6 metres
(2 ft) or more at any point.
T
Tavern: An establishment, or portion thereof, where the primary business
is the sale of beverage alcohol for consumption on the premises, with
food, and where no live entertainment or dance floor is permitted,
subject to provincial regulations.
(Tele)communication Facility: A structure situated on a non-residential
site that is intended for transmitting or receiving television, radio, or
cellular communications, excluding those used exclusively for dispatch
communications.
Tourist Campground: An area used for a range of overnight camping
experiences, from tenting to serviced trailer sites, including accessory
facilities which support the use, such as administration offices and
laundry facilities, but not including the use of mobile homes or trailers on
a permanent year-round basis.
Trailer (Camping), Motor Home: Any vehicle designed, constructed, or
reconstructed in such a manner as will permit occupancy as a dwelling or
sleeping place for one (1) or more persons, notwithstanding that its
running gear is removed or jacked up, is used or constructed in such a
way as to enable it to be used as a conveyance upon public streets or
highways, and includes self-propelled and non-self-propelled vehicles.
Motor Home - Camping Trailer
Trucking Firm Establishment: The use of land, buildings, or structures for
the purpose of storing, servicing, repairing, or loading trucks, transport
trailers and/or buses, and does not include an automobile service station,
transportation sales or rental outlets.
U
Use: The activity or purpose for which any land, building, structure, or
premise, or part thereof is arranged, designed, or intended, occupied, or
maintained.
Used For: Includes "arranged for", "designed for", "intended for",
"maintained for", and "occupied for".
Utility Shed: An accessory building or structure used for the storage of
goods with a maximum floor area of 9 m² (97 ft²).
V
Vehicle Repair and Maintenance Service Indoor: Includes all land uses
which perform maintenance services to motorized vehicles and contain
all operations (except vehicle storage) entirely within an enclosed
building.
Village: The Village of Abbey.
Village Administrator: The Administrator of the Village of Abbey.
Zoning Bylaw No. 2017-10
Page 21
W
Warehouse: A building used for the storage and distribution of wholesale
goods and materials.
Waste Disposal Facility, Liquid: A facility to accommodate any waste
which contains animal, mineral, or vegetable matter in solution or
suspension, though does not include a septic system for a single
residence or farmstead, or a manure storage area for an intensive
livestock operation.
Waste Disposal Facility, Solid: A facility or a temporary storage facility, to
accommodate discarded materials, substances or objects which
originated from residential, commercial, institutional, and industrial
sources which are disposed of in municipal or private landfills, and not
including dangerous goods, hazardous waste, or biomedical waste.
Wind Energy Conversion System: A system composed of a wind turbine,
tower, and associated control electronics with a capacity of less than 100
kilowatt (kW) for non-residential use or 10 kW for residential use. It will
be considered an accessory use and is intended to provide on-site power
for a principal use.
Wind Turbine: The individual component of a Wind Energy Conversion
System that converts kinetic energy from the wind into electrical energy,
independent of the electrical conductors, electrical storage system,
electrical metering, or electrical inverters.
Wind Turbine, Electrical: An individual component of a Wind Energy
Conversion System which converts kinetic wind energy to electrical
energy through electric currents.
Wind Turbine, Mechanical: An individual component of a Wind Energy
Conversion System which converts kinetic wind energy to mechanical
energy through motion.
Work Camp: A temporary industrial or construction camp established for
the purpose of providing accommodation for employees, and without
restricting the generality of the above, the camp is usually made up of a
number of mobile units, clustered in such a fashion as to provide
sleeping, eating and other basic living facilities.
Y
Yard: Uncovered space, open to the sky on the same site with a building
or structure.
Yard, Front: The area between the side site lines and the front site line to
the front building line.
Yard, Rear: The area between the side site lines and the front site line to
the rear building line (corner and interior).
Yard, Required: The minimum yard required by a provision of this Bylaw
and within which, unless specifically permitted, no building or structure,
or part of a building or structure shall be erected.
Yard, Side: The area between the front and rear yards and between the
side site line and the side building line (See Location and measurement of
setbacks drawing).
Setbacks
Zoning Bylaw No. 2017-10
Page 22
3. Administration and Interpretation
3.1
DEVELOPMENT OFFICER
3.1.1
The Administrator of the Village of Abbey shall be the Development Officer responsible for the administration of this Bylaw and in their absence by such
other employee of the municipality as the Council designates from time to time.
3.1.2
The Development Officer shall:
a. Receive, record, and review development permit applications and issue decisions in consultation with Council, particularly those decisions involving
subdivision, discretionary uses, development permit conditions, and development and servicing agreements;
b. Maintain, for inspection by the public during office hours, a copy of this Bylaw, the zoning map and amendments, and ensure that copies are
available to the public at a reasonable cost;
c. Make available, for public inspection during office hours, a register of all development permits and subdivision applications and decisions;
d. Collect development fees, according to the fee schedule established in this Bylaw or any other Development Fee Bylaw adopted by the Village; and,
e. Perform other duties as determined by Council.
3.1.3
The Development Officer shall be empowered to make a decision regarding a development permit application for a permitted use.
3.2
COUNCIL
3.2.1
Council shall make all decisions regarding discretionary uses, development and servicing agreements, and zoning bylaw amendments.
3.2.2
Council shall make a recommendation regarding all subdivision applications circulated to it by Saskatchewan Ministry of Government Relations, prior to
a decision being made by the Minister.
3.2.3
Council shall act on discretionary use, re-zoning, and subdivision applications in accordance with the procedures established by the Planning and
Development Act, 2007 and in accordance with the Official Community Plan.
3.3
APPLICATION FOR A DEVELOPMENT PERMIT
3.3.1
Unless the proposed development or use is exempt from development permit requirements, before commencing any principal or accessory use
development, including a public utility use, every developer shall:
a. Complete and submit a development permit application; and,
b. Receive a development permit for the proposed development.
3.3.2
A development permit shall not be issued for any use in contravention of any of the provisions of this Bylaw and the Village of Abbey Official Community
Plan.
3.3.3
Except where a particular development is specifically exempted by Section 3.4 of this Bylaw, no development or use shall commence without a
development permit first being obtained.
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3.4
DEVELOPMENT NOT REQUIRING A PERMIT
3.4.1 RESIDENTIAL ZONING DISTRICTS
a. Buildings and structures under 10 m² (108 ft2) in area, which are accessory to a principal, residential use except where such dwelling is a
discretionary use;
b. The television antennae, radio antennae, or satellite dishes under 1 metre (3 ft) in diameter; and,
c. Relocation of any residential or accessory building provided development standards are still met on the site.
3.4.2 COMMERCIAL ZONING DISTRICTS
a. Buildings and structures under 10 m² (108 ft2) - make consistent in area that are accessory to a permitted, principal, commercial use, except where
such use is discretionary; and,
b. A temporary building, the sole purpose of which is incidental to the erection or alteration of a building for which a building permit has been granted.
3.4.4 OFFICIAL USES
a. Uses and buildings undertaken, erected, or operated by the Village of Abbey.
3.4.5 INTERNAL ALTERATIONS
3.4.5.1 Residential Buildings
a. Internal alterations to a residential building, provided that such alterations do not result in a change of use or an increase in the number of dwelling
units within the building or on the site.
3.4.5.2 All Other Buildings
a. Internal alterations and maintenance to other buildings, including mechanical or electrical work, provided that the use, or intensity of use of the
building, does not change.
3.4.6 LANDSCAPING
a. Landscaped areas, driveways, and parking lots, provided the natural or designed drainage pattern of the site and adjacent sites are not adversely
impacted.
3.5 INTERPRETATION
a. Where any provision of this Bylaw appears unclear, Council shall make the final Bylaw interpretation; and,
b. All Bylaw requirements shall be based on the stated metric units. The imperial units shown in this Bylaw shall be approximate guidelines only.
3.6 COMPREHENSIVE DEVELOPMENT REVIEW
3.6.1
A Comprehensive Development Review may be completed prior to consideration of an application by Council by any person proposing to re-zone land
for multi-parcel residential, commercial, or industrial purposes. The purpose of this review is to identify and address social, environmental, health, and
economic issues and to encourage the development of high quality residential, recreational, commercial, and industrial developments. The scope and
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required detail of the Comprehensive Development Review will be based on the scale and location of the proposed development, and address such
areas as the following:
a. Proposed land use(s) for various parts of the area;
b. The effect on adjacent land uses and integration of the natural landscape regarding the planning and design of the area;
c. The location of, and access to, major transportation routes and utility corridors;
d. The provision of services respecting the planning for future infrastructure within the municipality;
e. Sustainable development and environmental management practices regarding surface and groundwater resources, storm water management,
flooding and protection of significant natural areas; and,
f. Appropriate information specific to the particular land use (residential, commercial, or industrial).
3.6.2
The Comprehensive Development Review must be prepared in accordance with the overall goals and objectives of the Village of Abbey Official
Community Plan. Council shall not consider any development application until all required information has been received. The responsibility for
undertaking all technical investigations and hosting public meetings as required shall be borne solely by the applicant.
3.7 DEVELOPMENT PERMIT PROCEDURE
a. Where an application for a development permit is made for a permitted use in conformity with this Bylaw, the Planning and Development Act,
2007, and all other Village bylaws, the Council shall hereby direct the Development Officer to issue a development permit.
3.7.1
DISCRETIONARY USE APPLICATION
a. Applicants must file with the Development Officer the prescribed application form, a site plan, and any other plans and supplementary information
as required by the Development Officer and pay the required application and public hearing fees;
b. Where an application for a development permit is made for a discretionary use, the Development Officer shall advise the Council as soon as
practicable;
c. As soon as practicable after Council is advised that an application has been made for a development permit for a discretionary use, Council shall
consider the application. Prior to making a decision, Council may refer the application to whichever Government Agencies or interested groups, as
Council may consider appropriate. Council also may require the application to be reviewed by planning, engineering, legal, or other professionals,
with the cost of this review to be borne by the applicant;
d. The Development Officer will prepare a report concerning the application which may contain recommendations, including recommendations that
conditions of approval be applied in accordance with Section 54 of the Planning and Development Act, 2007;
e. The Development Officer will set a date for a public hearing at which time the application will be considered by Council and if deemed necessary,
provide notice to assessed owners of property indicating so within the information packages provided as part of the notification process;
f. Council shall consider the application together with the reports 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 the
use may be conducted on the site; and,
h. The applicant shall be notified of Council's decision by regular mail addressed to the applicant at the address shown on the application form.
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3.7.2
DEVELOPMENT PERMIT ADVERTISEMENT AND PUBLIC NOTICE FOR DISCRETIONARY USES
a. The Development Officer shall carry out on behalf of the applicant, the advertisement of the proposed use by posting a notice of the application at
the entrance to the property in question and by mailing a copy of the notice to the assessed owner of each abutting property and each assessed
owner of property within a 75 metre (246 ft) radius of the proposed development;
b. The Development Officer shall publish a notice of the application in accordance with the provisions of the Planning and Development Act, 2007,
whereby the applicant shall pay to the municipality a fee equal to the costs associated with the public advertisement; and,
c. The Development Officer will prepare a report concerning the application which may contain recommendations that conditions of approval be
applied in accordance with Section 54 of the Planning and Development Act, 2007.
3.7.3
DEVELOPMENT PERMIT DECISION
a. The applicant shall be notified in writing of the decision of their application within 30 (thirty) days of all required information being submitted to the
Development Officer. The applicant shall be advised of their right to appeal a decision on a permitted use application and any terms and conditions
attached to a discretionary use application to the Development Appeals Board subject to the provisions of the Planning and Development Act, 2007;
and,
b. If the proposal conforms to the provisions of this Bylaw, a development permit shall be issued, subject to any development standards, special
regulations, or performance standards that may be required.
3.8 DEVELOPMENT PERMIT: VALIDITY
3.8.1
A development permit is valid for a period of twelve (12) months unless otherwise stipulated when the permit is issued.
3.8.2
Where the Development Officer determines that a development is being carried out in contravention of any condition of a development permit or any
provision of this Bylaw, the Development Officer shall suspend or revoke the development permit and notify the permit holder that the permit is no
longer in force.
3.8.3
Where the Council is satisfied that a development, the permit for which has been suspended or revoked, will be carried out in conformity with the
conditions of the permit and the requirements of this Bylaw the Council may reinstate the development permit and notify the permit holder that the
permit is valid and in force.
3.9 DEVELOPMENT PERMIT APPLICATION FEES
3.9.1
An applicant seeking the approval of a development permit application shall pay the required fee as set out in the Development Fee Bylaw No. 2017-11
of the municipality.
3.9.2
There shall be no development permit application fee for accessory buildings to a residential use, sign permits, licenses for home occupations, or other
forms of business licenses.
3.9.3
An applicant seeking a discretionary use approval shall pay the required fee as set out in the Development Fee Bylaw No. 2017-11 of the Village.
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3.10 FEE FOR ZONING AMENDMENT APPLICATION
When an application is made to Council for an amendment to this Bylaw, the applicant making the request shall bear the actual cost of advertising such zoning
amendment as permitted by the Planning and Development Act, 2007. Council also may require the applicant to pay all costs incurred in a professional review
of the application and in carrying out a public hearing.
3.11 CONCURRENT PROCESSING OF DEVELOPMENT PERMITS, BUILDING PERMITS, AND BUSINESS LICENSES
A building permit, where required, shall not be issued unless a development permit has been issued, or is issued concurrently. Nothing in this Bylaw shall
exempt any person from complying with a Building Bylaw, or any other bylaw in force within the municipality, or from obtaining any permission required by
this, or any other bylaw of the municipality, the province or the federal governments.
3.12 REFERRAL UNDER THE PUBLIC HEALTH ACT
The Development Officer shall make available, in addition to plumbing permits and plan information, a copy of all approved development permit applications
involving installation of water and sanitary services, should such information be requested by provincial officials under The Public Health Act, 1994 and
regulations. The developer shall, at their own expense, provide suitable water supply and sewage disposal facilities for that development acceptable to Council
and meets The Public Health Act, 1994 and regulations requirements.
3.13 DEVELPOMENT APPEALS BOARD
3.13.1 Council shall appoint a Development Appeals Board consisting of three members, to hear and determine appeals in accordance with Sections 213 to 227
inclusive, of the Planning and Development Act, 2007.
3.13.2 RIGHT OF APPEAL
a. In addition to any other right of appeal provided by the Planning and Development Act, 2007, and any other Act, a person affected may appeal to the
Board if there is:
i.
Alleged misapplication of the Zoning Bylaw in the issuance of a development permit;
ii.
A refusal to issue a development permit because it would contravene the Zoning Bylaw; or,
iii.
An issuance of a written order from the Development Officer.
b. There is no appeal pursuant to 3.13.2.a.ii if a development permit was refused on the basis that the use in the zoning district for which the
development permit was sought:
i.
Is not a permitted use or a permitted intensity of use;
ii.
Is a discretionary use of discretionary use of intensity that has not been approved by resolution of Council; or,
iii.
Is a prohibited use.
c. Appellants may appeal where they are of the opinion that development standards prescribed by Council with respect to a discretionary use exceed
those necessary to secure the objectives of the Zoning Bylaw;
d. An appellant shall make the appeal pursuant to 3.13.2.a within 30 (thirty) days after the date of the decision; and,
e. The Development Officer shall make available to all interested persons copies of the provisions of the Planning and Development Act, 2007,
respecting decisions of the Development Officer and right of appeal.
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3.14 MINOR VARIANCES
3.14.1 The Development Officer may vary the requirements of this Bylaw subject to the following requirements:
a. A minor variance may be granted for the following only:
i.
Minimum required distance of a building from a lot line; and,
ii.
The minimum required distance of a building from any other building on the lot.
b. The maximum amount of a minor variance shall be ten percent (10%) variation from the requirements of this Bylaw;
c. The development must conform to all other requirements of this Bylaw;
d. The relaxation of the Bylaw requirement must not injuriously affect a neighbouring property; and,
e. No minor variance shall be granted for a discretionary use or form of development, or in connection with an agreement to re-zone pursuant to
Section 60 of the Planning and Development Act, 2007.
3.14.2 An application form for a minor variance shall be in a form prescribed by the Development Officer and shall be accompanied by an application fee as
required in the Development Fee Bylaw No. 2017-11.
3.14.3 Upon receipt of a minor variance application, the Development Officer may:
a. Approve the minor variance;
b. Approve the minor variance and impose terms and conditions on the approval; or,
c. Deny the minor variance.
3.14.4 Terms and conditions imposed by the Development Officer shall be consistent with the general development standards in this Bylaw.
3.14.5 Where a minor variance is refused, the Development Officer shall notify the applicant in writing, providing reasons for the refusal.
3.14.6 Where a minor variance is approved, with or without terms, the Development Officer shall provide written notice to the applicant and to the assessed
owners of the property having a common boundary with the applicant's land that is the subject of the approval.
3.14.7 A decision to approve a minor variance, with or without terms and conditions, does not take effect:
a. In the case of a notice sent by regular mail, until 23 (twenty-three) days from the date the notice was mailed; or,
b. In the case of a notice that is delivered by personal service, until 20 (twenty) days from the date the notice was served.
3.14.8 If an assessed owner of a property having an adjoining property with the applicants land objects to the minor variance in writing to the Development
Officer within the prescribed 20-23 (twenty to twenty-three) day time period, the approval is deemed to be revoked and the Development Officer shall
notify the applicant in writing:
a. Of the revocation of the approval; and,
b. Of the applicant's right to appeal the revocation to the Development Appeals Board within 30 (thirty) days of receiving the notice.
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3.14.9 If an application for a minor variance is refused or approved with terms or conditions, the applicant may appeal to the Development Appeals Board
within 30 (thirty) days of the date of that decision.
3.14.10 The Development Officer shall maintain a record of all minor variance applications.
3.15 NON-CONFORMING BUILDINGS, USES, AND SITES
3.15.1
Any use of land or any building, or structure lawfully existing at the time of passing this Bylaw that is rendered non-conforming by the enactment of this
Bylaw or any subsequent amendments, may be continued, transferred, or sold in accordance with provisions of Sections 88 to 93 inclusive, of the
Planning and Development Act, 2007.
3.15.2
No enlargement, additions, or reconstruction of a non-conforming use, building, or structure shall be undertaken, except in conformance with these
provisions.
3.15.3
No existing use, building, or structure shall be deemed to be non-conforming by reason only of the conversion of this Bylaw from the Metric System of
Measurement to the Imperial System of Measurement where such non-conformity is resultant solely from such change and is reasonably equivalent to
the metric standard herein established.
3.15.4 Where a building has been erected on or before the effective date of this Bylaw on a site having less than the minimum dimensions or area, or having
less than the minimum yards required or renovated pursuant to the rights granted by Sections 91 to 93 of the Planning and Development Act, 2007.
These rights are subject to the following:
a. The enlargement, reconstruction, repair, or renovation does not further reduce the required yards that do not conform to this Bylaw;
b. All other applicable provisions of this Bylaw are satisfied; and,
c. Issuance of a development permit required by this Bylaw.
3.16 DEVELOPMENT PERMIT - INVALID
3.16.1 A development permit shall be automatically invalid and development shall cease, as the case may be:
a. If the development is not commenced within the period for which the permit is valid;
b. If the development is legally suspended, or discontinued, for a period of six (6) or more months, unless otherwise indicated by Council or the
Development Officer; and/or,
c. When development is undertaken in contravention of this Bylaw, the development permit and specified development standards.
3.17 CANCELLATION
3.17.1 Council or the Development Officer may cancel a development permit, and when cancelled, development shall cease:
a. Where the Development Officer or Council is satisfied that a development permit was issued based on false or mistaken information;
b. Where new information is identified pertaining to environmental protection, flood potential, or slope instability; and/or,
c. When a developer requests a development permit modification.
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3.18 STOP-WORK
The Development Officer may authorize action to stop any development which does not conform to this Bylaw, a development or servicing agreement, a
development permit or condition, or a caveat under this Bylaw.
3.19 BYLAW COMPLIANCE
Errors and/or omissions by any person administering or required to comply with the provisions of this Bylaw do not relieve any person from liability for failure
to comply with the provisions of this Bylaw.
3.20 REGISTERING INTERESTS
3.20.1 As per Section 175 of the Planning and Development Act, 2007, the municipality may register an interest based on a development levy agreement or
servicing agreement in the land registry against the affected title.
3.20.2 On registration of an interest based on a development levy agreement or servicing agreement, the rights and privileges in the development levy
agreement:
a. Enure to the benefit of the municipality; and,
b. Run with the land and are binding on the registered owner of the land the registered owner's heirs, executors, administrators, successor, and
assigns.
3.21 MOVING OF BUILDINGS
No building shall be moved within, or into, or out of the area covered by this Bylaw without obtaining a development permit from the Development Officer,
unless such building is exempt under Section 3.4 of this Bylaw.
3.22 TEMPORARY DEVELOPMENT PERMITS
The Development Officer may issue a temporary development permit, with specified conditions for a specified period of time, to accommodate developments
incidental to approved construction, temporary accommodation, oil and gas sector activities, temporary gravel operations or asphalt plants. Nothing in this
Bylaw shall prevent the use of land, or the erection or use of any building or structure for a construction camp, work camp, tool shed, scaffold, or other
building or structure incidental to and necessary for construction work on the premises, though only for so long as such use, building, or structure is necessary
for such construction work as has not been finished or abandoned.
3.23 DEVELOPMENT AGREEMENTS
3.23.1
Council may pass a development levy bylaw pursuant to Sections 169 to 170 of the Planning and Development Act, 2007, to establish development
levies to recover the capital costs of services and facilities.
3.23.2
As per Section 171 of the Planning and Development Act, 2007, if the Council deems it is necessary to do so, the Council or Development Officer may
require the development permit applicant to enter into a development levy agreement with the municipality respecting the payment of the
development levies.
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3.24 SERVICING AGREEMENTS
3.24.1
Where a development proposal involves subdivision, Council may require a developer to enter into a servicing agreement to ensure appropriate
servicing pursuant to the Planning and Development Act, 2007. Council may direct the Administration to vary the agreement on a case-by-case basis, or
not require it.
3.24.2
In accordance with Sections 172 to 176 inclusive, the Planning and Development Act, 2007, the agreement may provide for:
a. The undertaking and installation of storm sewers, sanitary sewers, drains, water mains and laterals, hydrants, sidewalks, boulevards, curbs, gutters,
street lights, graded, graveled or paved streets and lanes, connections to existing services, area grading and levelling of land, street name plates,
connecting and boundary streets, landscaping of parks and boulevards, public recreation facilities, or other works that Council may require, including
both on-site and off-site servicing; and,
b. The payment of fees that the Council may establish in whole or in part, for the capital cost of providing, altering, expanding or upgrading sewage,
water, drainage and other utility services, public highway facilities or park and recreation space and facilities located within or outside the proposed
subdivision and that directly or indirectly serve the proposed subdivision.
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4. General Regulations
The following regulations shall apply to all zoning districts in the Bylaw.
4.1 LICENSES, PERMITS, AND COMPLIANCE WITH OTHER BYLAWS AND LEGISLATION
In their interpretation and application, the provisions of this Bylaw shall be held to be the minimum requirements adopted for the promotion of the public
health, safety, and general welfare. Nothing in this Bylaw shall exempt any person from complying with the requirements of a building regulation bylaw or any
other bylaw in force within the Village of Abbey or law within the Province of Saskatchewan or Country of Canada; or from obtaining any license, permission,
permit, authority, or approval required by this or any other bylaw of the Village of Abbey or any law of Saskatchewan or Canada. Where requirements in this
Bylaw conflict with those of any other municipal, provincial, or federal requirements, the provincial and federal regulations shall prevail.
4.2 PRINCIPAL USE ESTABLISHED4
In any zoning district in this Bylaw, the principal use of the land must be established prior to any accessory buildings, structures, or uses being permitted.
4.3 MULTIPLE USES
Notwithstanding anything contained in this Bylaw, where any land, building, or structure is used for more than one purpose, all provisions of this Bylaw relating
to each use shall be complied with, though no dwelling shall be located within 3 metres (10 ft) of any other building on the site except to a building accessory
to such dwelling.
4.4 USES PERMITTED IN ALL ZONING DISTRICTS
4.4.1
Nothing in this Bylaw shall prevent the use of any land as a public street or park.
4.4.2
Nothing in this Bylaw shall prevent the erection of any properly authorized traffic sign or signal, or any sign or notice of any local or other government
department or authority.
4.4.3
Nothing in this Bylaw shall prevent the use of any land for the erection of buildings or structures, or the installation of other facilities, essential to the
operation of public works.
4.5 NUMBER OF PRINCIPAL BUILDINGS ON A SITE
4.5.1
Only one principal building shall be permitted on any one site except for the following: parks, schools, hospitals, healthcare clinics, recreation facilities,
special care homes, senior citizen homes, approved dwelling groups, mobile homes in mobile home courts, and condominium developments.
4.5.2
Multiple unit residential buildings (e.g. duplex, fourplex) are considered to be one principal building under this Bylaw, and all other uses and buildings on
the site must be accessory.
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4.6 ACCESORY BUILDINGS, USES, AND STRUCTURES
4.6.1
Subject to all other requirements of this Bylaw, an accessory building, use, or structure is permitted in any zoning district when accessory to an
established principal use which is a permitted or discretionary use in that same zoning district, and for which a development permit has been issued.
4.6.2
No accessory building may be constructed, erected, or moved on to any site prior to the time of construction of the principal building to which it is
accessory.
4.6.3
Where a building on a site is attached to a principal building by a solid roof or by structural rafters, and where the solid roof or rafters extend at least
one third (1/3) of the length of the building wall that is common with the principal building, the building is deemed to be part of the principal building.
4.7 FRONT YARD REDUCTION
Notwithstanding the minimum depth of front yard required by this Bylaw, where a site is situated between two sites each of which contains a principal building
which projects beyond the standard required front yard depth, the front yard required on said site may be reduced to an average of the two established front
yards on the adjacent sites; though not be less than 4.5 metres (15 ft) in a Residential District unless otherwise permitted in this Bylaw.
4.8 FRONTAGE FOR IRREGULAR SITES
Where the site frontage is along a cul-de-sac, curve or is irregular, the minimum site frontage shall be 11 metres (36 ft) and the mean site width shall not be
less than the minimum frontage for regular sites in the same zoning district.
4.9 PERMITTED YARD ENCROACHMENTS
4.9.1
Where minimum front, side, or rear yards are required in any zoning district, the following yard encroachments shall be permitted:
a. Uncovered and open balconies, terraces, verandas, decks, and patios may have a maximum projection from the main wall of 1.8 metres (6 ft) into
any required front or rear yard; and,
b. Window sills, roof overhangs, eaves, gutters, bay windows, chimneys, and similar alterations may project a distance of 0.6 metres (2 ft) into any
required yard.
4.10 GRADING AND LEVELING OF SITES
4.10.1 Every development shall be graded and leveled at the owner's expense to provide for adequate surface drainage that does not adversely affect adjacent
property, or the stability of the land.
a. All excavations or filling shall be re-vegetated immediately after other construction activities conclude, with a suitable ground cover as may be
necessary to prevent erosion;
b. All vegetation and debris in an area to be re-graded or filled must be removed from the site prior to site grading and leveling;
c. All topsoil from an area that is to be re-graded must be stripped, stockpiled, and replaced on the re-graded area, or re-located to a site approved by
Council; and,
d. Grades for residential development to be set off street level at a 3% maximum rise from the centre of the street.
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4.11 DEVELOPMENT ALONG ACTIVE RAILWAYS
4.11.1 Setbacks from active railways, for buildings or structures, shall be 30 metres (98 ft) except for where provisions have been made in consultation with the
operator of the railway, a lesser separation may be considered.
4.11.2 Setback distances will be measured from the mutual property line to the principal building face.
4.12 HEIGHT OF BUILDINGS
Where a maximum height of buildings is specified in any zoning district, the maximum height shall be measured from average grade level to the highest point
on the building exclusive of any chimney or antenna.
4.13 HERITAGE PROPERTIES
Provincial and municipal heritage properties subject to preservation agreements are subject to development review processes as defined by the Heritage
Property Act. Provincial designations are afforded special protection, and any alterations and development must be reviewed and approved by the Ministry of
Parks, Culture and Sport of the Province of Saskatchewan.
4.14 SIGNAGE ON NATURAL AND HUMAN HERITAGE SITES
Small plaques, markers, and interpretation signs will be encouraged on properties that have significant natural or human heritage resources, with the approval
of the owner, and where the signage is appropriate in scale, design, and placement with the site and surrounding area, and does not cause safety concerns or
negatively impact the heritage value of the site.
4.15 BUFFER STRIPS
Buffer strips are intended to improve land use compatibility and environmental quality by reducing noise, lighting glare, and other nuisances, or facilitating
natural drainage. Landscape buffers, where required to separate uses from adjacent properties may be required a minimum 1 metre (3 ft) vegetative
landscape buffer, unless a fence is required for other reasons.
4.16 CLOSINGS
In the event a dedicated street or lane shown on the zoning district map forming part of this Bylaw is closed, the property formerly in such street or lane shall
be included within the zoning district of the adjoining property on either side of such closed street or lane. If a closed street or lane is the boundary between
two (2) or more different zoning districts, the new district boundaries shall be the former centre line of the closed street or lane.
4.17 SATELLITE DISHES
4.17.1 Satellite dishes may be erected in Commercial or Industrial Districts for communications purposes or re-broadcasting of television signals.
4.18 PRIVATE GARAGES, CARPORTS, SUNROOMS, SOLARIUMS, AND GREENHOUSES
Private garages, carports, sunrooms, solariums, and greenhouses attached to main buildings by a substantial roof structure shall be considered as part of the
main building and shall be subject to the regulations for the main building.
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4.19 TRAILERS, BOX CARS, SEA AND RAIL CONTAINERS
No person shall park or store on any part of a site, any unlicensed rail or sea container, truck, bus, or coach body for the purpose of advertising within any
zoning district.
4.20 PUBLIC SWIMMING POOLS
4.20.1 Notwithstanding anything contained in this Bylaw, a swimming pool is permitted as an accessory use to permitted uses in any Residential District or a
motel (motor hotel) in a Highway Commercial District, to be located in the side yard or rear yard of any lot/site if:
a. No part of such pool is located closer to any lot or street line than the minimum distance required for the principal building located on such lot;
b. The maximum height of such pool is 1.2 metres (4 ft) above the average finished grade level of the ground adjoining the pool and to within 4.5
metres (15 ft) of such pool;
c. Every swimming pool shall be enclosed by a non-climbable fence of at least 1.8 metres (6 ft) in height and not more than 0.1 metres (0.3 ft) from the
ground, and located at a distance of not less than 1.5 metres (5 ft) from the pool; and,
d. Any deck attached to or abutting a swimming pool shall be considered as part of the swimming pool.
4.20.2 Any building or structure, other than a dwelling, required for changing clothing or for pumping or filtering facilities, or other similar accessory uses,
complies with the provisions in the applicable zoning districts in Sections 7-13 of this Bylaw, respecting accessory buildings.
4.21 DISPOSAL OF WASTES
4.21.1 Subject to all acts and regulations pertaining in any way to the storage, handling, and disposal of any waste material or used item, and except as
permitted by these acts and regulations, no liquid, solid, or gaseous wastes shall be allowed to be discharged into any stream, creek, river, lake, pond,
slough, intermittent drainage channel or other body of water, onto or beneath the surface of any land, or into the air.
4.21.2 No development or use of land which requires solid or liquid waste disposal facilities shall be permitted unless those facilities are approved by
Saskatchewan Health and the Saskatchewan Water Security Agency. Disposal of liquid, solid, or gaseous waste shall be governed by acts administered by
Saskatchewan Agriculture, Saskatchewan Environment, Saskatchewan Health, and the Saskatchewan Water Security Agency.
4.22 SOLID AND LIQUID WASTE DISPOSAL FACILITIES
Municipal and commercial solid or liquid waste disposal facilities are subject to the following conditions:
a. The facility will be located as near as practical to the source of waste;
b. The facility will have undergone satisfactory review as required by provincial authorities for environmental assessment and operational design;
c. The facilities will be located at least 457 metres (1,499 ft) for liquid waste and for solid waste from any residence or recreational use;
d. The development of any new disposal sites shall take into consideration seasonal winds;
e. Adequate precautions shall be taken to prevent pollution of ground water by disposal operations;
f. Solid waste disposal facilities shall be located in proximity to an all-weather road; and,
g. Council may apply special standards for screening, fencing, and reclamation of the site.
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4.23 DEVELOPMENT ALONG PIPELINES AND GAS TRANSMISSION
4.23.1 Any development involving pipeline and/or power line transmission right-of-ways shall be sited to comply with all relevant federal and provincial
legislation. Setbacks from pipelines and other utility corridors shall be in accordance with appropriate provincial regulations or acts and any regulations
or directives established by Crown Corporations. Refer to "Land Use Planning for Pipelines publication by Canadian Standards Association (CSA)
PLUS663", which may be amended from time to time.
4.23.2 Setbacks from pipelines, for buildings or structures, shall be 12 metres (39 ft) except for where provisions have been made in the previous bylaw or in
consultation with the operator of the pipeline, a lesser separation may be allowed.
4.23.3 The National Energy Board has designated a "no disturbance" review area of 30 metres (98 ft) on either side of a pipeline in which, subject to exceptions
for such things as normal agricultural activities, anyone proposing to conduct a ground disturbance/excavation must:
a. Ascertain whether a pipeline exists;
b. Notify the pipeline company of the nature and schedule of the excavation; and,
c. Conduct the excavation in accordance with such regulations.
4.23.4 The following figure provides the setbacks required by the Canadian Standards Association. Source: Land Use Planning for Pipelines publication by
Canadian Standards Association (CSA) PLUS663.
Land Use Areas
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5. Discretionary Use Standards for Development
5.1 TERMS AND CONDITIONS FOR DISCRETIONARY USE APPROVALS
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 zoning district. In approving any discretionary use to minimize land use conflict, Council may prescribe specific development standards or
criteria related to:
Site drainage of storm water;
The location of buildings with respect to buildings on adjacent properties;
Access to, number, and location of parking and loading facilities;
Appropriate space for vehicle movement in order to reduce disruption of traffic flows on adjacent roadways;
Control of noise, glare, dust, and odour; and,
Landscaping, screening, and fencing to buffer adjacent properties.
5.2 GENERAL DISCRETIONARY USE EVALUATION CRITERIA
Council will apply the following general criteria, and where applicable, the specific criteria found in the respective zoning district, in the assessment of the
suitability of an application for a discretionary use or discretionary form of development.
5.2.1
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.
5.2.2
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 facilities.
5.2.3
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.
5.2.4
The proposal must provide sufficient landscaping and screening, and wherever possible, shall preserve existing vegetation.
5.2.5
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.
5.2.6
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.
5.2.7
Consideration will be given to addressing pedestrian safety and convenience of both within the site and in terms of the relationship to the road network
in and around the adjoining area.
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5.2.8
All operations shall comply with all regulations of Saskatchewan Environment and Saskatchewan Labour which govern their operation and development.
5.2.9
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.
5.3 HOME OCCUPATIONS (HOME-BASED BUSINESSES)
Home occupations (home-based businesses) are subject to the following conditions:
5.3.1
Home-based occupations and businesses will be accommodated provided that they are clearly secondary to the principal residential use of the dwelling
unit, compatible with the surrounding residential area, and not of a size that provide services or products that would detrimentally affect the viability of
the neighbourhood.
5.3.2
One (1) home occupation shall be allowed per dwelling unit. Home occupations shall be conducted entirely within the dwelling or accessory building.
5.3.3
One (1) advertising display sign shall be allowed on the site or premise from which the home occupation is conducted. No LED or neon signs shall be
allowed.
5.3.4
There shall be no exterior display or storage of any merchandise or material relating to the home occupation.
5.3.5
No equipment or process used in the home occupation shall create dust, noise, vibration, glare, fumes, odour, or air pollution that is detectable at or
beyond the property lines of the lot where the home occupation or business is located.
5.3.6
Up to two (2) persons other than a resident of the dwelling unit may be engaged in any home occupation as an employee or a volunteer.
5.4
SECONDARY SUITES
Secondary suites are subject to the following conditions:
5.4.1
Secondary suites may be constructed within a principal, single detached dwelling in a residential zone. Only one (1) secondary suite is permitted on each
residential site.
5.4.2
Secondary suites must be located within the principal dwelling and must have a separate entrance from the principal dwelling either from a common
indoor landing or directly from the exterior of the building. Secondary suites must contain cooking, eating, living, sleeping, and sanitary facilities.
5.4.3
Secondary suites may not exceed 60 m² (646 ft2) or 35% of the total floor space, including basements, and may not have more than two (2) bedrooms.
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5.5 MODULAR HOMES
Modular homes are subject to the following conditions:
5.5.1
All modular homes shall be placed on a permanent foundation at a standard comparable to a single detached dwelling.
a. All modular homes shall be multi-modular, with the width approximately equivalent to the length; and,
b. All modular homes shall complement adjacent and nearby dwellings.
5.5.2
Modular homes shall be permanently connected to water and sewer services provided by the municipality and permanently connected as available to
other public utilities.
5.5.3
All other requirements of this Bylaw apply.
5.6 BED AND BREAKFAST HOMES
Bed and breakfast homes are subject to the following conditions:
5.6.1
A bed and breakfast home may be located in a detached one (1) unit dwelling or in a semi-detached dwelling. No exterior alterations shall be undertaken
which would be inconsistent with the residential character of the building or property.
5.6.2
Bed and breakfast homes shall be located in a single detached dwelling used as the operator's principal residence and shall be licensed by the Ministry of
Health.
5.6.3
One (1) advertising display sign located on the site or premise advertising the bed and breakfast home is permitted. The facial area of a sign shall not
exceed 0.4 m² (4 ft2).
5.7 CHILD DAY CARE CENTRES AND PRE-SCHOOLS
Child day care centres and pre-schools are subject to the following conditions:
5.7.1
Day care centres and pre-schools may be approved as an accessory use or as a principal use in their respective zoning district.
5.7.2
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.
5.7.3
Outdoor play areas shall comply with the Child Care Act, 2000.
5.8 ADULT DAY CARES
Adult day care centres are subject to the following conditions:
5.8.1
Adult day care facilities may be approved as an accessory use or as a principal use.
5.8.2
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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5.9 RESIDENTIAL CARE HOMES
Residential care homes are subject to the following conditions:
5.9.1
Residential care homes may be approved as an accessory use or as a principal use in their respective zoning district.
5.9.2
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.
5.9.3
No building or structure used for the purpose of a residential care home shall be used for the purpose of keeping boarders or lodgers.
5.10 CAMPGROUNDS
Campgrounds are subject to the following conditions:
5.10.1 The operator of a campground shall provide the Development Officer with a plan of the campground, identifying any buildings, uses of land, and the
location of all roadways and trailer coach or tent campsites with dimensions. The addition or rearrangement of campsites, the construction or moving of
buildings, and material change in use of portions of land, or the filling or clearing of land shall require a development permit, and the operator shall
submit for approval an amended plan incorporating the development.
5.10.2 A campground shall have within its boundaries, a buffer area abutting the boundary of not less than 4.5 metres (15 ft) which shall contain no buildings.
5.10.3 The operator of a campground shall designate a campsite for each trailer coach or tent party, which shall be less than 150 m² (1,615 ft2) in area with its
corners clearly marked.
5.10.4 One permanent sign located on-site advertising the campground is permitted per site;
a. The facial area of a sign shall not exceed 0.5 m² (5 ft2);
b. No sign shall be located in any manner that may obstruct or jeopardize the safety of the public; and,
c. Temporary signs not exceeding 1 m² (11 ft2) advertising the sale or lease of the property or other information relating to a temporary condition
affecting the property are permitted.
5.10.5 No portion of any campsite shall be located within a roadway or required buffer area.
5.10.6 Each campsite shall have direct and convenient access to a developed roadway, which is not located in any required buffer area. The space provided for
roadways within a campground shall be at least 7.5 metres (25 ft) in width. No portion of any campsite, other use, or structure shall be located in any
roadway.
5.10.7 Each trailer coach shall be located at least 3 metres (10 ft) from any other trailer coach, and each campsite shall have dimensions sufficient to allow such
location of trailer coaches.
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5.10.8 A campground may include as ancillary uses a laundromat or a confectionery designed to meet the needs of the occupants of the campsites, and one (1)
single detached dwelling for the accommodation of the operator.
5.10.9 The Public Health Act shall be complied with in respect to all operations and development of the campground.
5.11 ABOVE GROUND FUEL STORAGE TANKS
Above ground fuel storage tanks are subject to the following conditions:
5.11.1 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.
5.11.2 The total storage capacity for above ground fuel storage tanks on any single service station or gas bar site shall not exceed:
a. 150,000 liters for flammable liquids (gasoline);
b. 100,000 liters for combustible liquids (diesel fuel); and,
c. 100,000 liters of propane.
5.11.3 Above ground fuel storage tanks shall be:
a. For uses other than service stations and gas bars, located at least 3 metres (10 ft) from any property line or building, the 3 metres (10 ft) separation
distance may be reduced to 1 metre (3 ft) for tanks with a capacity of 5,000 liters or less;
b. For service stations and gas bars located at least 6 metres (20 ft) from any property line or building;
c. Separated from each other and be accessible for firefighting purposes to the satisfaction of the Development Officer; and,
d. At least 15 metres (49 ft) from the boundary of any site within a Residential District.
5.11.4 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
metres (10 ft) from any property line, at least 7.5 metres (25 ft) from any open flame or other ignition source, and at least 4.5 metres (15 ft) from any
door or window.
5.11.5 For service stations and gas bars, the dispensing equipment associated with above ground fuel storage tanks shall be located at least 6 metres (20 ft)
from any property line, at least 7.5 metres (25 ft) from any open flame or other ignition source, and at least 4.5 metres (15 ft) from any door or window.
5.11.6 Above ground fuel storage tanks shall be protected from vehicles with suitable posts, guardrails, or other similar means.
5.11.7 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.
5.11.8 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.
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5.11.9 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.
5.12 WIND ENERGY FACILITIES
Wind energy facilities are subject to the following conditions:
5.12.1 All buildings and structures shall be set back at least 90 metres (295 ft) from an intersection of any municipal road allowance, or provincial highway or
such greater distance as required by the Department of Highways.
5.12.2 The setback related to municipal road allowances and the wind energy generator (turbine) shall be no less than the length of the blade plus 10 metres
(33 ft).
5.12.3 The minimum site size for the allowance of any wind energy facility shall be 2 hectares (5 acres).
5.12.4 The setback from the property line of a non-participating landowner to a wind energy generator (turbine) shall be no less than the length of the blade
plus 10 metres (33 ft), or a minimum of 38 metres (125 ft), unless otherwise agreed to by the landowner, developer, and the municipality.
5.12.5 The separation distance from a wind energy generator (turbine) to a residential acreage or residential subdivision shall be a minimum distance of 550
metres (1,804 ft).
5.12.6 The maximum total tower height shall be:
a. 6 metres (20 ft) above grade level in an Industrial zoning district and the maximum noise standard shall not exceed 40 decibels; and,
b. 45 metres (148 ft) above grade level in the Community Service or Future Urban Development zoning district.
5.12.7 Approaches for access roads to the wind energy facilities must be perpendicular to established road allowances.
5.12.8 All infrastructure, roads, and accesses required to facilitate the implementation of the wind energy facilities shall be proposed by the developer as part
of the development permit application.
5.12.9 Any proposed development within a municipal road allowance, i.e. underground lines or overhead poles/lines, must be proposed by the developer as
part of the development permit application.
5.12.10 The developer is required to enter into a road use agreement with the municipality for the construction period to ensure roads are maintained in
condition agreeable by both parties.
5.12.11 The wind energy generator (turbine) shall have no restrictions on colour or height.
5.12.12 Substations are required to be fenced. All wind energy facilities shall be enclosed within a locked protective chain link fence of a minimum height of 1.9
metres (6 ft) and the design shall be included in the development permit application.
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5.12.13 Development and building permit applications for wind energy facilities shall include either a manufacturer's engineering certificate of structural safety
or certification of structural safety via a Saskatchewan professional engineer.
5.12.14 Sites having potentially dangerous or hazardous developments shall have visible signs stating any potential dangers. No hazardous waste shall be stored
on the site.
5.12.15 Council, at its discretion, may seek approval of this development from both internal and external referral agencies.
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6. Zoning Districts and Zoning Map
6.1 ZONING DISTRICTS
For the purpose of this Bylaw, the Village of Abbey is divided into several zoning districts that may be referred to by the appropriate symbols. The uses or forms
of development allowed within a zoning district, along with regulations or standards which apply, are provided in the District schedules in this Section.
R
Residential District
CS2
Passive Community Service District
C1
Village Centre Commercial District
DCD
Direct Control District
C/I
Highway Commercial & Industrial District
FUD
Future Urban Development District
CS
Community Service District
FH
Flood Hazard Overlay
6.2 THE ZONING DISTRICT MAP
The map, bearing the statement "This is the Zoning District Map referred to in Bylaw No. 2017-10 adopted by the Village of Abbey, signed by the Mayor and by
the Village Administrator under the seal of the Village", shall be known as the "Zoning District Map", and such map is hereby declared to be an integral part of
this Bylaw.
6.3 BOUNDARIES OF ZONING DISTRICTS
6.3.1
The boundaries of the zoning districts referred to in this Bylaw, together with an explanatory legend, notations and reference to this Bylaw, are shown
on the map entitled, "Zoning District Map".
6.3.2
Unless otherwise shown, the boundaries of zoning districts are site lines, centre lines of streets, lanes, road allowances, or such lines extended and the
boundaries of the municipality.
6.4 HOLDING DESIGNATION
6.4.1
Where on the zoning district map the symbol for a zoning district has suffixed to it the holding symbol "H"; any lands so designated on the map shall be
subject to a holding provision in accordance with Section 71 of the Planning and Development Act, 2007.
6.4.2
Any lands subject to a holding provision shall only be used for the following uses:
a. Those uses existing on the land when the "H" is applied; and,
b. Public works.
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7. Residential District - R
The purpose of the Residential District (R) is to accommodate primarily single family detached residential dwelling as well as multi-unit dwellings.
No person shall within any R-Residential District use any land or erect, alter, or use any building or structure, except in accordance with the following
provisions:
7.1 PERMITTED USES
a. One (1) single detached dwelling, which includes a RTM;
b. Uses, buildings, and structures accessory to the foregoing permitted uses and located on the same site with the main use;
c. Modular homes (refer to Section 5.5);
d. Mobile homes;
e. Public playgrounds and swimming pools; and,
f. Public works, buildings, and structures excluding offices, warehouses, storage yards, and waste management or sewage facilities.
7.2 DISCRETIONARY USES
The following uses may be permitted in the R-Residential District only by resolution of Council and only in locations specified by Council:
a. Semi-detached, duplex dwelling, fourplexes, or townhouses and other multi-unit dwellings;
b. Home occupations, home-based businesses (refer to Section 5.3);
c. Secondary suites (refer to Section 5.4);
d. Child day cares (refer to Section 5.7);
e. Bed and breakfast homes (refer to Section 5.6);
f. Residential care homes (refer to Section 5.9); and,
g. Front yard outdoor storage.
7.3 SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements.
Single Detached, RTM, and Modular Homes
Minimum site area
460 m2 (4,951 ft2)
Minimum floor area
75 m² (807 ft2)
Minimum site frontage
12 metres (39 ft)
Height
9 metres for principal buildings (30 ft)
Maximum site coverage
40% and 50% on a corner site
Minimum front yard
7.5 metres (25 ft)
Minimum rear yard
7.5 metres (25 ft)
Minimum side yard
1.5 metres (5 ft), except 2.5 metres (8ft) from flankage unless on a corner site the side yard shall be 2.5 metres (8
ft)
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Semi-Detached, Duplex, and Multi-Unit Dwellings (per dwelling unit)
Minimum site area
275 m2 (2,960 ft2)
Minimum floor area
55 m² (592 ft2)
Minimum site frontage
9 metres (30 ft)
Height
9 metres for principal buildings (30 ft)
Maximum site coverage
40% and 50% on a corner site
Minimum front yard
6 metres (20 ft)
Minimum rear yard
7.5 metres (25 ft)
Minimum side yard
1.2 metres (4 ft), unless on a corner site the side yard shall be 2.5 metres (8 ft)
Public Playgrounds and Swimming Pools
Minimum site area
No minimum
Minimum floor area
No minimum
Minimum site frontage
No minimum
Maximum site coverage
No maximum
Minimum front yard
7.5 metres (25 ft)
Minimum rear yard
No minimum
Minimum side yard
3 metres (10 ft)
Other Discretionary Uses:
Child day care; Adult day care
Minimum site area
450 m2 (4,844 ft2)
Minimum floor area
75 m² (807 ft2)
Minimum site frontage
12 metres (39 ft) with a lane, 15 metres (49 ft) without a lane
Height
9 metres (30 ft) for principal buildings
Maximum site coverage
40% and 50% on a corner site
Minimum front yard
7.5 metres (25 ft)
Minimum rear yard
7.5 metres (25 ft)
Minimum side yard
3.5 metres (11 ft)
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Mobile Homes
Minimum site area
465 m2 (5,005 ft2)
Minimum floor area
50 m² (538 ft2)
Minimum site frontage
12 metres (39 ft)
Maximum site coverage
40%
Minimum front yard
6 metres (20 ft)
Minimum rear yard
7.5 metres (25 ft)
Minimum side yard
1.2 metres (4 ft), unless on a corner site the side yard shall be 2.5 metres (8 ft)
7.4 DEVELOPMENT STANDARDS FOR MOBILE HOMES
7.4.1
All mobile homes must meet the standards set out in CSA Z240 Procedure for Certification of Factory Built Houses, and amendments thereto. All mobile
homes must bear a label of a credible certification agency indicating that compliance with the National Building Codes has been certified using the Z240
procedure.
7.4.2
All attached and accessory structures shall require a building permit and shall comply with the requirements of the National Building Code of Canada.
7.4.3
All attached or accessory structures such as porches, sun room additions, skirting, and storage facilities must be factory prefabricated units, or of an
equivalent quality, and shall be painted or prefinished so the design and construction will complement the main structure.
7.4.4
Wheels, hitches, and running gear must be removed within 45 (forty-five) days of arrival, and skirting must be installed in such a manner as to
compensate for vertical movements and to prevent the entrance of rodents and other small animals.
7.4.5
All mobile homes shall be connected to water and sewer services provided by the municipality and connected as available to other public utilities.
7.5 ACCESSORY BUILDINGS AND STRUCTURES
Minimum yard setbacks
A minimum 6 metres (20 ft) from the front site line, 1.2 metres (4 ft) from the principal building, and 0.8 metres (3
ft) from the side site line unless the side site line is an abutting street then the side yard shall be 3.6 metres (12 ft)
Maximum floor area and height
All accessory buildings shall not exceed 83.6 m² (900 ft²) in area and shall not exceed 4 metres (13 ft) in height from
grade level to the underside of the eaves
Minimum rear yard
All accessory buildings shall be located a minimum of 0.8 metres (3 ft) from the rear site line except where an
accessory building has a door or doors opening onto a lane then it shall not be located less than 2 metres (7 ft) from
the site line abutting the lane
a. Garages, carports, and accessory buildings attached to a principal building by a substantial roof structure shall be considered as part of the principal
building and subject to the regulations of the principal building and shall not exceed the square footage of the main floor of the principal dwelling in
size;
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b. A carport, consisting of a roof and supporting columns or structures which are not permanent walls, is permitted to encroach into any required side
yard as long as the supporting structures are set back a minimum of 0.3 metres (1 ft) from the side lot line and the roof does not project past the
side lot line;
c. A detached private garage is permitted in any side or rear yard, provided there is sufficient available space to comply with all other requirements in
this section;
d. All activities related to artisan studios, crafts, and workshops shall be conducted within an enclosed building. No exterior storage of materials, goods,
or waste products is permitted, except within a waste disposal bin for collection;
e. No attached structure (i.e. deck) shall have a total floor area greater than the main floor area of the principal building. In calculating the main floor
area of a principal building, the area of an attached garage shall be excluded; and,
f. Temporary, fabric covered structures consisting of wood, metal, or plastic framing covered on the roof and one (1) or more sides with fabric, plastic,
vinyl, or other sheet material shall be permitted in a rear or side yard.
7.6 FENCE AND HEDGE HEIGHT
Subject to traffic sight lines, the following height limitations shall apply to fences, walls, chain-link fences, and hedges:
a. No hedge, fence, or other structure shall be erected past any property line;
b. In a required front yard, to a height no greater than 1 metre (3 ft) above grade level;
c. In a required rear yard, to a height no greater than 2 metres (7 ft) above grade level; and,
d. Except permitted accessory buildings, no fence or other structure shall be erected to a height of more than 2 metres (7 ft).
7.7 SIGNAGE
a. One (1) permanent sign is permitted per site. The facial area of a sign shall not exceed 0.4 m² (4 ft2);
b. In the case of a home occupation, an additional permanent sign is permitted in a window of a dwelling;
c. No sign shall be located in any manner that may obstruct or jeopardize the safety of the public; and,
d. Temporary signs not exceeding 1 m² (11 ft2) advertising the sale or lease of the property or other information relating to a temporary condition
affecting the property are permitted.
7.8 OUTSIDE STORAGE
a. No outdoor storage shall be permitted in the required front yard of any residential site;
b. Council may apply special standards as a condition or for a discretionary use approval regarding the location of areas used for storage for that use;
c. No wrecked, partially dismantled, or inoperable vehicle or machinery shall be stored or displayed in any required yard. No yard shall be used for the
storage or collection of hazardous material;
d. Council may require special standards for the location setback or screening of any area devoted to the outdoor storage of vehicles in operating
condition, equipment, and machinery normally used for the maintenance of the residential property, vehicles or vehicular parts; and,
e. Provision shall be made for the owner of the property to temporarily display a maximum of either one (1) vehicle or recreational vehicle in operating
condition that is for sale at any given point in time.
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7.9 STANDARDS FOR DISCRETIONARY USES
All discretionary use applications shall follow the general discretionary use evaluation criteria as outlined in Section 5 and others that may be specified.
7.10.1 Semi-Detached, Duplex Dwellings, Fourplex or Townhouses, and Other
a. Council shall give consideration to the locations on major streets and that the development will not cause excessive traffic through existing low
density residential areas.
7.10.2 Dwelling Groups
a. The size and location of the development will be consistent with the capacity of the street system to handle the added development;
b. The development will not cause excessive traffic to pass through existing low density residential areas;
c. The density of a dwelling group will not be significantly different from development with single principal buildings on subdivided sites;
d. Building separations shall meet the standards for similar residential structures on separate parcels; and,
e. Bare land condominium proposals for dwelling groups will not be considered unless there is a requirement for significant common property of the
parcel.
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8. Village Centre Commercial District - C1
The purpose of the Village Centre Commercial District (C1) is to continue to encourage a "downtown" experience by providing pedestrian oriented commercial
activities and service.
No person shall within any C1-Village Centre Commercial District, use any land, or erect, alter, or use any building or structure except in accordance with
the following provisions.
8.1
PERMITTED USES
a. Banks, credit unions, and other financial institutions;
b. Administrative offices;
c. Barbers, hairdressers, and other similar personal services establishments;
d. Medical, dental, and other health care offices and clinics or health services;
e. Restaurants, cafés, coffee shops, and other similar fast food services;
f. Confectionaries and delicatessens;
g. Storefront retail stores, bakeries, butcher shops, and similar food processing with on-site retail sales;
h. Commercial and public recreational establishments such as bowling alleys, arcades and fitness centres;
i.
Licensed premises for the sale and consumption of alcoholic beverages;
j.
Public transportation depots;
k. Outdoor markets and concessions (permanent, seasonal, or occasional);
l.
Rooming houses;
m. Small-scale repair trades, craft shops and studios, craftspeople and similar trades, including retail sales of art and craft products;
n. Storefront construction trades without yards;
o. Business and/or professional offices;
p. Motels or motor hotels, including a dwelling for caretakers, owners, or managers;
q. Licensed premises for the sale and consumption of alcoholic beverages;
r. Service stations and other establishments for the servicing, storage and sale of motor vehicles, trailers, recreation, and car washes;
s. Garden centres or commercial greenhouses;
t. Buildings, structures or uses accessory to and located on the same site as the principal building or permitted use;
u. Public works buildings, offices and structures excluding warehouses, storage yards, and waste management or sewage facilities.
8.2
DISCRETIONARY USES
The following may be permitted in the C1-Village Centre Commercial District though only by resolution of Council and only in locations specified by such
resolution of Council.
a. Dwellings attached to and behind, or above, commercial establishments;
b. Construction trades and contractors' yards;
c. Shops of plumbers, pipe fitters, metal workers, and other industrial trades manufacturing and sales;
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d. Motor vehicle, recreational vehicle, and/or mobile home sales storage compound;
e. Semi-trailer and container parking lots including sea containers;
f. Farm machinery equipment and vehicles sales and service;
g. Fertilizer sales and storage; and,
h. Card lock operations.
8.3
SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements.
Commercial Uses
Minimum site area
225 m2 (2,422 ft2)
Minimum site frontage
7.5 metres (25 ft)
Minimum site coverage
75%
Minimum front yard
No requirement
Minimum rear & side yard
No requirement except when the side site line directly abuts any Residential or Community Service District or abuts
a public street, then the minimum side yard shall be 1.5 metres (5 ft)
Other Discretionary Uses:
Dwellings attached to and behind, or above, commercial
establishments
Construction trades and contractors' yards; Shops of plumbers,
pipe fitters, metal workers, and other industrial trades
manufacturing and sales; Motor vehicle, recreational vehicle,
and/or mobile home sales storage compound; Semi-trailer and
container parking lots including sea containers; Farm machinery
equipment and vehicles sales and service; Fertilizer sales and
storage; Cardlock operations
Minimum site area
225 m2 (2,422 ft2)
730 m2 (7,858 ft2)
Minimum site
frontage
7.5 metres (25 ft)
7.5 metres (25 ft)
Minimum site
coverage
75%
75%
Minimum front yard
No requirement
6 metres (20 ft)
Minimum rear yard
6 metres (20 ft)
6 metres (20 ft)
Minimum side yard
No requirement except when the side site line directly abuts any
Residential or Community Service District or abuts a public street,
then the minimum side yard shall be 1.5 metres (5 ft)
3 metres (10 ft)
Height
15 metres (49 ft)
15 metres (49 ft)
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8.4
ACCESSORY BUILDINGS
Setbacks for accessory buildings shall meet the same requirements as the principal use or building.
8.5
SIGNAGE
Signs and billboards shall be prohibited in the C1 - Village Centre Commercial District except for signs advertising the principal use of the premises or the
principal products offered for sale on the premises. Permitted signs shall be subject to the following requirements:
a. No sign shall be located in any manner that may obstruct or jeopardize the safety of the public;
b. The facial area of a sign shall not exceed 4 m² (43 ft2);
c. The maximum height of any sign shall be 6 metres (20 ft);
d. Temporary signs not exceeding 1 m² (11 ft2) advertising the sale or lease of the property, or other information relating to a temporary condition
affecting the property, are permitted; and,
e. Temporary signs advertising product prices or sales, special events related to retail and service activities, or advertising community or charity
activities or events are permitted.
8.6
LANDSCAPING
Where a site abuts any Residential District without an intervening lane, there shall be a strip of land adjacent to the abutting site line of not less than 1.5
metres (5 ft) in width throughout which shall not be used for any purpose except landscaping.
8.7
STANDARDS FOR DISCRETIONARY USES
All discretionary uses shall follow the general discretionary use evaluation criteria as outlined in Section 5 and others that may be specified.
8.8.1
Dwelling Units:
a. Dwelling units are permitted as long as the principal use is undergoing;
b. Dwelling units shall have a floor area smaller than or equal to the floor area in commercial use;
c. Minimum floor area for each dwelling unit shall be 45 m² (484 ft2);
d. All dwelling units shall have an entrance separate from that of the commercial establishment;
e. Dwelling units shall be located above or at the rear and attached to the principal commercial use; and,
f. Accessory residential uses shall conform to the provincial public health and fire regulations.
8.8.2
Motor Vehicle, Recreational Vehicle, and/or Mobile Home Sales Storage Compound
a. The use shall be located where practical, in a non-highly visible area, and screened to avoid any adverse visual impact; and
b. Landscaping and screening acceptable to Council shall be provided in all yards facing a public roadway or properties in residential use.
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8.8.3
Fertilizer Sales and Storage
a. The location of the use will only be favorably 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:
i. Municipal servicing capacity;
ii. Anticipated levels of noise, odour, smoke, fumes, dust, lighting, glare, vibration and 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. Utilized hazardous substances.
8.8.4
Open-air operations, storage and display of goods or material are prohibited in any front yard.
8.8.5
All operations shall comply with all regulations of Saskatchewan Environment and Saskatchewan Labour which govern their operation and development.
8.8.6
All outside storage shall be fenced where the area abuts a residential area.
8.8.7
All automobile and farm parts, storage drums and crates, stockpiled material, and similar articles and materials shall be stored within a building or
suitably screened from public view.
8.8.8
Sites used for discretionary uses which may result in heavy truck traffic shall be located to ensure that such traffic takes access to or from major streets
or designated truck routes.
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9. Highway Commercial/Industrial District - C/I
The purpose of the Highway Commercial/Industrial District (C/I) is to facilitate a wide range of commercial and related activities located near the highway and
rail line.
No person shall within a C/I - Highway Commercial/Industrial District use any land, or erect, alter, or use any building or structure except in accordance
with the following provisions.
9.1
PERMITTED USES
a. Accessory uses, including integrated or complementary uses, buildings, or structures accessory to and located on the same site as the principal
building or use;
b. Business and/or professional offices;
c. Motels or motor hotels, including a dwelling for caretakers, owners, or managers;
d. Licensed premises for the sale and consumption of alcoholic beverages;
e. Service stations and other establishments for the servicing, storage and sale of motor vehicles, trailers, recreation, and car washes;
f. Commercial cardlock operations, auto body shops;
g. Construction of RTM homes or agricultural building assembly area;
h. Commercial recycling depots;
i.
Animal hospitals, or clinics and offices of veterinary surgeons;
j.
Construction trades and contractors' yards;
k. Shops of plumbers, pipe fitters, metal workers, and other industrial trades manufacturing and sales;
l.
Motor vehicle, recreational vehicle, and/or mobile home sales storage compound;
m. Construction and other industrial trades yards, plants, and/or offices;
n. Farm and industrial machinery equipment and vehicle sales and service;
o. Residential or agricultural building assembly area;
p. Oilfield supply and services;
q. Lumber and building supply establishment;
r. Contractors offices, workshops and yards;
s. Indoor repair, rental, servicing, storage, wholesale of any commodity and/or retail sales of any goods, materials and/or commodities excluding any
hazardous materials;
t. Motor vehicle, recreational vehicle, and/or mobile home sales and servicing and/or storage compound;
u. Trucking operations;
v. Semi-trailer and container parking lots including sea containers; and,
w. Public works buildings and structures including offices, warehouses, storage, and yards, excluding waste management or sewage facilities.
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9.2
DISCRETIONARY USES
The following uses may be permitted in the C/I- Highway Commercial/Industrial District though only by resolution of Council and only in locations specified
in such resolution of Council.
a. Oil field supply and service establishments;
b. Rooming house;
c. Bulk petroleum sales and storage (refer to Section 5.12);
d. Grain elevators;
e. Stockyards and auction marts;
f. Restaurants;
g. Salvage yards and auto wrecker operations;
h. Industrial parks containing a combination of permitted uses;
i.
Warehousing and supply depots;
j.
Manufacturing, fabricating, processing, assembly, finishing, production or packaging of materials;
k. Abattoirs;
l.
Wind energy facilities (refer to Section 5.13); and,
m. Aggregate materials; storage or handling operations.
9.3
SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements.
Permitted Uses (other than Motels and Service Stations)
Minimum site area
900.0 m2 (9,688 ft2)
Minimum site frontage
30 metres (98 ft)
Minimum front yard
6 metres (20 ft)
Minimum side yard
3 metres (10 ft)
Minimum rear yard
6 metres (20 ft)
Motels
Service Stations
Minimum site area
1600 m2 (17,222 ft2)
900 m2 (9,688 ft2)
Minimum site frontage
30 metres (98 ft)
30 metres (98 ft)
Minimum front yard
15 metres (49 ft)
7.5 metres (25 ft)
Minimum side yard
3 metres (10 ft)
3 metres (10 ft)
Minimum rear yard
6 metres (20 ft)
6 metres (20 ft)
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Other Discretionary Uses:
Bulk petroleum sales and storage; Grain elevators; Oilfield supply
and services establishments; Stockyards and auction marts;
Salvage yard and auto wreckers; Meat processing plant/abattoir;
Construction trades and contractors' yards; Seed cleaning plants,
feed mills and flour mills; Fertilizer sales and storage; Cement
manufacturing; Aggregate material storage and handling
operations; Motor vehicle, recreational vehicle, and/or mobile
home sales storage compound; Semi-trailer and container parking
lot
Shops of plumbers, pipe fitters, metal workers and
other industrial trades manufacturing and sales;
Restaurants
Minimum site area
930 m² (10,010 ft2)
730 m2 (7,858 ft2)
Minimum site frontage
30 metres (98 ft)
20 metres (66 ft)
Minimum front yard
6 metres (20 ft)
6 metres (20 ft)
Minimum side yard
3 metres (10 ft)
3 metres (10 ft)
Minimum rear yard
6 metres (20 ft)
6 metres (20 ft)
9.4
ACCESSORY BUILDINGS
a. Setbacks for accessory buildings shall meet the same requirements as the principal use or building; and,
b. Temporary, fabric covered structures consisting of wood, metal, or plastic framing covered on the roof and one (1) or more sides with fabric, plastic,
vinyl, or other sheet material shall be permitted in a required rear or side yard.
9.5
FENCE AND HEDGE HEIGHT
a. Screen fences shall be consistent and complement the quality of building design and materials of the primary building. Screening shall be provided
where a lot used for commercial or industrial purposes abuts a Residential District without an intervening street or lane. Such screening shall consist
of a solid fence, hedge, or wall over 1.5 metres (5 ft) in height in a side or rear yard and over 1 metre (3 ft) in a front yard;
b. No fence in a commercial or industrial zone shall exceed 2.5 metres (8 ft); and,
c. No barbed wire, or razor wire fences shall be allowed in this District.
9.6
LANDSCAPING
a. A landscaped strip of not less than 3 metres (10 ft) in width throughout lying parallel and abutting the front site line shall be provided on every site;
b. On corner lots, in addition to the landscaping required in the front yard, the whole of any required side yard abutting the flanking street shall be
landscaped; and/or,
c. Where a site abuts any Community Service or Residential District without an intervening lane, there shall be a strip of land adjacent to the abutting
site line of not less than 3 metres (10 ft) in width throughout which shall not be used for any purpose except landscaping.
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9.7
LOADING REQUIREMENTS
Where the use of a building or site involves the receipt, distribution, or dispatch by vehicles of materials, goods or merchandise, adequate space for such
vehicles to stand for loading and unloading shall be provided on the site. The minimum area of an individual loading space shall be 17m² (183 ft2).
Gross Floor Area
Minimum Number of Loading Spaces
93 m2 to 1300m2
One (1) space
1300m2 to 2500m2
Two (2) spaces
<2500m2
Two (2) spaces + one (1) space for each 2500 m2 (26,910 ft2)
9.8
SIGNAGE
Signs and billboards shall be prohibited in the C/I - Highway Commercial/Industrial District except for signs advertising the principal use of the premises or the
principal products offered for sale on the premises. Permitted signs shall be subject to the following requirements:
a. One (1) permanent sign is permitted per site. The facial area of a sign shall not exceed 4 m² (43 ft2);
b. No sign shall be located in any manner that may jeopardize public safety;
c. Temporary signs not exceeding 1 m ² (11 ft2) advertising the sale or lease of the property or other information relating to a temporary condition
affecting the property are permitted; and,
d. Temporary signs advertising product prices or sales, special events related to retail and service activities, or advertising community or charity
activities or events are permitted.
9.9
OUTSIDE STORAGE
a. No outdoor storage shall be permitted in the required front yard of any commercial or industrial site;
b. Council may apply special standards as a condition or for a discretionary use approval regarding the location of areas used for storage for that use;
c. No wrecked, partially dismantled, or inoperable vehicle or machinery shall be stored or displayed in any required yard. No yard shall be used for the
storage or collection of hazardous materials; and,
d. Council may require special standards for the location setback or screening of any area devoted to the outdoor storage of vehicles in operating
condition, equipment, and machinery normally used for the maintenance of the property, vehicles, or vehicular parts.
9.10 STANDARDS FOR DISCRETIONARY USES
All discretionary uses shall follow the general discretionary use evaluation criteria as outlined in Section 5 and others that may be specified.
9.11.1 Rooming House
a. A rooming house must be contained within a single-detached or semi-detached (both halves must be a rooming house) dwelling;
b. A rooming house must contain a minimum of four (4) rooms, with the possibility of a dwelling unit;
c. Sanitary facilities must be provided at a rate of minimum of one (1) for the first six (6) rooms and one (1) additional sanitary facility for every six (6)
rooms, or part thereof; and,
d. The development will be entirely consistent with the residential development on adjacent parcels.
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9.11.2 Salvage Yards and Auto Wrecker Operations
a. This includes salvage yards, auto wreckers, auto repair shop, body shops and similar uses, all savage vehicles and materials, vehicles waiting repair,
salvage or removal and similar uses;
b. No vehicles or parts thereof shall be located in the front yard;
c. All salvage yards or auto wrecking yards shall be totally enclosed by a sturdy fence built to a minimum height of 2 metres (7 ft) and constructed of
material suitable to conceal from view the materials stored on site. No materials shall be stacked above the height of the fence; and,
d. All salvage yards shall be totally hidden from the view of the travelling public, provincial highways, and any public road and adjacent residential
development by utilizing any of the following measures:
i.
Distance and careful location;
ii.
Natural or planted vegetation;
iii.
An earth berm;
iv.
An opaque fence;
v.
A building; and,
vi.
Other appropriate methods approved by Council.
9.11.3 Meat Processing Plants/Abattoirs
a. Shall be located at least 91 metres (299 ft) from residential areas, schools, hospitals, motels, and restaurants.
9.11.4 Oilfield Equipment Parking Lot and Staging Area
a. The designated truck access routes will not be primarily through residential areas.
9.11.5 Seed Cleaning Plants, Feed Mills and Flour Mills; Fertilizer Sales and Storage; Cement Manufacturing; and Aggregate Material Storage or Handling
Operations
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 to:
i. Municipal servicing capacity;
ii. Anticipated levels of noise, odour, smoke, fumes, dust, lighting, glare, vibration, and 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. Utilized hazardous substances.
b. The designated truck access routes will not be primarily through residential areas.
9.11.6 Motor Vehicle, Recreational Vehicle, and/or Mobile Home Sales Storage Compound
a. The use shall be located where practical, in a non-highly visible area, and screened to avoid any adverse visual impact; and,
b. Landscaping and screening acceptable to Council shall be provided in all yards facing a public roadway or properties in residential use.
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9.11.7 Sites used for discretionary uses which may result in heavy truck traffic shall be located to ensure that such traffic takes access to or from major streets
or designated truck routes.
9.11.8 Open air operations, storage, and display of goods or material are prohibited in any front yard.
9.11.9 Bulk petroleum tanks are to be located 91 metres (299 ft) from residential areas, schools, hospitals, motels, and restaurants.
9.11.10 All operations shall comply with all regulations of Saskatchewan Environment and Saskatchewan Labour which govern their operation and development.
9.11.11 All outside storage shall be fenced where the area abuts a residential area.
9.11.12 All automobile parts, dismantled vehicles, storage drums and crates, stockpiled material, and similar articles and materials shall be stored within a
building or suitably screened from public view.
9.11 PERFORMANCE STANDARDS (QUALITY CONTROL)
The onus of proving to the authority having jurisdiction and Council's satisfaction that a proposed development does and will comply with these requirements
rests with the developer. An industrial operation including production, processing, cleaning, testing, repairing, storage, or distribution of any material shall
conform to the following standards:
a. Noise - emit no noise of industrial production audible beyond the boundary of the lot on which the operation takes place;
b. Smoke - no process involving the use of solid fuel is permitted;
c. Dust or ash - no process involving the emission of dust, fly ash or other particulate matter is permitted;
d. Odour - the emission of any odorous gas or other odorous matter is prohibited;
e. Toxic gases - the emission of any toxic gases or other toxic substances is prohibited;
f. Glare or heat - no industrial operation shall be carried out that would produce glare or heat discernible beyond the property line of the lot;
g. External storage - external storage of goods or material is permitted if kept in a neat and orderly manner or suitably enclosed by a fence or wall to
the satisfaction of Council; and,
h. Industrial wastes - waste which does not conform to the standards established from time to time by Village Bylaws shall not be discharged into any
Village sewers.
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10.
Community Service District - CS
The purpose of the Community Service District (CS) is to provide areas for a wide range of community service related activities including social, recreational,
institutional, parks, and public service.
No person shall within any CS-Community Service District, use any land, or erect, alter, or use any building or structure except in accordance with the
following provisions.
10.1 PERMITTED USES
a. Educational facilities;
b. Lodges, social clubs, service clubs;
c. Municipal offices, libraries, historic and cultural institutions, community halls;
d. Child day cares;
e. Adult day cares;
f. Health facilities and special care homes;
g. Accessory buildings, structures, and uses located on the same site with the main use;
h. Recreational - sports fields, parks, playgrounds, curling rinks, skating rinks, tennis courts, lawn bowling greens, swimming pools, and other similar
uses. More than one (1) recreational use may be permitted per site;
i.
Natural and nature-like open areas;
j.
Community gardens;
k. Golf courses, auto race tracks, horse race tracks, or other very large or very intensive use facilities;
l.
Campgrounds including RV parks.
m. Pedestrian trails and bicycle pathways;
n. Skateboard parks or BMX bike-terrain;
o. Scenic lookout and interpretation facilities, rest stops, and other public trail facilities;
p. Buildings, structures, or uses secondary or subordinate to, and located on the same site as, the principal use, shall be considered accessory uses and,
may include commercial uses;
q. Public works buildings and structures;
r. Theatres, assembly halls, places of worship, service clubs;
s. Libraries, galleries, museums, and other similar cultural institutions; and,
t. Public transportation depot.
10.2 DISCRETIONARY USES
The following may be permitted in the CS-Community Service District only by resolution of Council and only in locations specified in such resolution of
Council.
a. Wind energy facilities (refer to Section 5.13); and,
b. Storage facilities and warehouses.
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10.3 SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements.
Permitted Uses
Minimum site area
450 m2 (4,844 ft2)
Minimum site frontage
15 metres (49 ft)
Minimum front yard
6 metres (20 ft)
Minimum rear yard
6 metres (20 ft) except where the rear site line abuts a Residential District without an intervening street or lane, at
least 7.5 metres (25 ft) shall be provided
Minimum side yard
50% of the height of the building or 3 metres (10 ft), whichever is greater
Educational Facilities
Minimum site area
No minimum requirement
Minimum site frontage
15 metres (49 ft)
Maximum site coverage
75%
Minimum front yard
7.5 metres (25 ft)
Minimum rear yard
7.5 metres (25 ft)
Minimum side yard
50% of the height of the building or 3 metres (10 ft), whichever is greater
Skating, Curling Rinks, and Swimming Pools
Minimum site area
1200 m2 (12,917 ft2)
Minimum site frontage
20 metres (66 ft)
Minimum front yard
7.5 metres (25 ft)
Minimum rear yard
7.5 metres (25 ft)
Minimum side yard
1.5 metres (5 ft) except on a corner site abutting a street then 3.6 metres (12 ft) shall be provided
Accessory Buildings
Minimum front yard
7.5 metres (25 ft)
Principal Building
All accessory buildings shall be set back 1.2 metres (4 ft) from the principal building
Minimum side yard
0.8 metres (3 ft) unless the side site line is an abutting street then the side yard shall be 3.6 metres (12 ft)
Minimum rear yard
All accessory buildings with a door or doors opening onto a lane shall not be located less than 2 metres (7 ft) from
the site line abutting the lane
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10.4 SIGNAGE
a. One (1) permanent sign is permitted per site. The facial area of a sign shall not exceed 4 m² (43 ft2);
b. Billboards are prohibited except for one (1) information sign for each building or use and those bearing notices of special events and activities, or
other information, relating to a temporary condition affecting the site and shall not exceed 1 m² (11 ft2) in size; and,
c. Temporary signs advertising product prices or sales, special events related to retail and service activities, or advertising community or charity
activities or events are permitted.
10.5 LANDSCAPING
a. A landscaped strip of not less than 3 metres (10 ft) in width throughout lying parallel and abutting the front site line shall be provided on every site;
b. On corner lots, in addition to the landscaping required in the front yard, the whole of any required side yard abutting the flanking street shall be
landscaped; and,
c. Where a site abuts any Residential District without an intervening lane, there shall be a strip of land adjacent to the abutting site line of not less than
1.5 metres (5 ft) in width throughout which shall not be used for any purpose except landscaping.
10.6 STANDARDS FOR DISCRETIONARY USES
All discretionary uses shall follow the general discretionary use evaluation criteria as outlined in Section 5 and others that may be specified.
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11.
Passive Community Service District - CS2
The purpose of the Passive Community Service District (CS2) is to provide areas for passive community services and related activities including social,
recreational, parks, and public service.
No person shall, within any CS2-Passive Community Service District, use any land, or erect, alter, or use any building or structure except in accordance with
the following provisions.
11.1 PERMITTED USES
a. Passive recreational - sports fields, parks, playgrounds, tennis courts, lawn bowling greens;
b. Golf courses;
c. Natural and nature-like open areas;
d. Community gardens;
e. Pedestrian trails and bicycle pathways;
f. Skateboard parks or BMX bike-terrain; and,
g. Scenic lookout and interpretation facilities, rest stops, and other public trail facilities;
h. Agricultural crop production and horticultural uses.
11.2 SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements.
Permitted Uses
Minimum site area
No minimum
Minimum site frontage
15 metres (49 ft)
Minimum front yard
6 metres (20 ft)
Minimum rear yard
6 metres (20 ft) except where the rear site line abuts a Residential District without an intervening street or lane, at
least 7.5 metres (25 ft) shall be provided
Minimum side yard
50% of the height of the building or 3 metres (10 ft), whichever is greater
11.3 SIGNAGE
a. One (1) permanent sign is permitted per site. The facial area of a sign shall not exceed 4 m² (43 ft2);
b. Billboards are prohibited except for one (1) information sign for each building or use and those bearing notices of special events and activities, or
other information, relating to a temporary condition affecting the site and shall not exceed 1 m² (11 ft2) in size; and,
c. Temporary signs advertising product prices or sales, special events related to retail and service activities, or advertising community or charity
activities or events are permitted.
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11.4 LANDSCAPING
a. A landscaped strip of not less than 3 metres (10 ft) in width throughout lying parallel and abutting the front site line shall be provided on every site;
b. On corner lots, in addition to the landscaping required in the front yard, the whole of any required side yard abutting the flanking street shall be
landscaped; and,
c. Where a site abuts any Residential District without an intervening lane, there shall be a strip of land adjacent to the abutting site line of not less than
1.5 metres (5 ft) in width throughout which shall not be used for any purpose except landscaping.
11.5 STANDARDS FOR DISCRETIONARY USES
All discretionary uses shall follow the general discretionary use evaluation criteria as outlined in Section 5 and others that may be specified.
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12.
Direct Control District - DCD
The purpose of the Direct Control District is to designate the former Abbey School and its grounds, now known as the Abbey Business Community Centre (ABC
Centre), in accordance with the Planning and Development Act, 2007, as a Direct Control District. The ABC Centre is owned by the Village of Abbey and is
considered desirable to exercise particular control over the use and development of land and buildings on this site.
12.1 OBJECTIVES
a. To retain municipal ownership of the building and grounds while enhancing the economic environment in the community by the way of leasing or
renting space for economic opportunities, events and other community gatherings;
b. To provide for developments that may have unique characteristics, innovative approaches or unusual site constraints and require a more flexible
approach to land use regulation than is available under traditional zoning;
c. To minimize land use conflicts and provide for the general amenity of the area;
d. To recognize economic development opportunities and partnerships with other community-based initiatives, private sector and municipalities;
and,
e. To require a comprehensive development proposal, redevelopment scheme and/or business plan and evidence of financing for such in order to
ensure proper and desirable development which could be a combination of land uses including commercial, recreational, community enterprise-
based and/or institutional.
12.2 CRITERIA FOR DEVELOPMENT IN THE DCD
A development shall include, though not be limited to the following:
a. The development shall meet the goals and objectives of the relevant section(s) of the Village of Abbey Official Community Plan, Bylaw No. 2017-09;
b. The development of the DCD will be considerate in conjunction with the adoption of a Concept Plan. The development shall provide for a
reasonably compatible interface with adjacent land use and development; and,
c. The development shall be designated in a manner which will address applicable environmental concerns (i.e. noise pollution and air quality).
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13.
Future Urban Development District - FUD
The purpose of the Future Urban Development District (FUD) is to limit development that may affect future growth of the Village by providing for temporary and
transitional uses and activities.
No person shall within any FUD-Future Urban Development District use any land, or erect, alter, or use any building or structure, except in accordance with
the following provisions:
13.1 PERMITTED USES
a. Agricultural crop production and horticultural uses and buildings and structures customarily accessory to the use;
b. Commercial greenhouses, market gardens, and sod farms;
c. Uses, buildings, and structures accessory to the principal building or use;
d. Recreational uses and sports grounds;
e. Recreational vehicle storage yards; and,
f. Public works buildings and structures including offices, warehouses, storage yards, and waste management or sewage facilities.
13.2 DISCRETIONARY USES
The following uses may be permitted in the FUD-Future Urban Development District only by resolution of Council and only in locations specified by Council.
a. Cemeteries; and,
b. Wind energy facilities (refer to Section 5.13).
13.3 SITE DEVELOPMENT REGULATIONS
Minimum site area
1 hectare (2.5 acres)
Minimum site frontage
25 metres (82 ft)
Minimum front yard
All building shall be set back a minimum of 60 metres (197 ft) from the centre line of any municipal road allowance,
or provincial highway and/or a minimum of 90 metres (295 ft) from the intersection of the centre lines of any
municipal roads or provincial highway
Minimum rear yard
15 metres (49 ft) or 25% of the depth of the site whichever is the lesser
Minimum side yard
15 metres (49 ft) except where a side yard abuts a municipal road allowance or a provincial highway, the front yard
requirements shall apply
Minimum setback for trees,
shelterbelts and fences
55 metres (180 ft) from the centre line of a provincial highway
46 metres (151 ft) from the center line of a municipal road
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13.4 SIGNAGE
a. One (1) permanent sign is permitted per site. The facial area of a sign shall not exceed 1 m² (11 ft2);
b. No sign shall be located in any manner that may obstruct or jeopardize the safety of the public; and,
c. Temporary signs not exceeding 1 m² (11 ft2) advertising the sale or lease of the property or other information relating to a temporary condition
affecting the property are permitted.
13.5 SUPPLEMENTARY REGULATIONS
a. Council will consider the applications for discretionary use with respect to the following criteria:
i.
The infrastructure servicing capacity is available to service the development without excessive impact on other uses being served by the
system;
ii.
The proposed development will be consistent with any concept plans in force in the area and will not be inconsistent with the future use and
development plans of the Village of Abbey Official Community Plan (OCP);
iii.
The development will not require the development of new streets and utility lines except as may be provided for in existing plans under the
OCP and that the proposal is not premature;
iv.
Where a development is proposed at a location at which standard connection to the Village's existing sewer and water system is not
feasible, the developer shall, at their own expense, provide suitable water supply and sewage disposal facilities for that development
acceptable to Council and meets The Public Health Act and Regulations requirements. Domestic waste disposal systems located on the site
and serving only the principal use will be a permitted use to that principal use; and,
v.
Any building or structure used for the habitation or shelter of animals permitted in this zoning district shall be located a minimum distance
of 76 metres (249 ft).
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14.
Flood Hazard Overlay - FH
The intent of the Flood Hazard Overlay (FH) area is to restrict development in areas that are considered hazardous for development in order to minimize
property damage due to flooding. The following regulations are intended to apply supplementary standards for development in areas designated as flood
hazard zones.
14.1 DEFINING THE BOUNDARY
13.1.1 For all proposed development in this cautionary area, the developer shall be required to contact Saskatchewan Water Security Agency to determine the
1:500 year return frequency flood event and necessary freeboard.
14.2 SITE REGULATIONS IN THE FLOOD HAZARD LAND AREAS
13.2.1 Development of new buildings and additions to buildings in the flood way of the 1:500 year flood elevation of any watercourse or water body shall be
prohibited.
13.2.2 If the development of new buildings or additions is approved in the flood fringe, flood-proofing to an elevation of 0.5 metres (2 ft) above the 1:500 year
flood event will be required.
13.2.3 Placement of off-site fill in the flood fringe should be limited to that required for flood-proofing or flood risk management, in order to minimize
displacement.
13.2.4 For a proposed development located within the flood fringe, Council may require the developer to undertake a flood study carried out by a qualified
professional. The study shall determine the 1:500 flood elevation including the flood way and the flood fringe areas and any potential impacts and
mitigative measures of the proposed development.
13.2.5 "Hazardous Substances and Waste Dangerous Goods" are prohibited, as defined by the Hazardous Substances and Waste Dangerous Goods Control
Regulations of the Environmental Management and Protection Act of Saskatchewan.
14.3 FLOOD PROOFING REGULATIONS
13.3.1 A development permit shall not be issued for any land use, erection, alteration, or use of any building or structure within the Flood Hazard Overlay area
unless the site/development meets approved flood-proofing measures 0.5 metres (2 ft) above the 1:500 flood design elevation.
13.3.2 Any existing buildings may be replaced or expanded subject to appropriate flood-proofing measures being provided.
13.3.3 For the purpose of this Bylaw, appropriate flood-proofing measures shall mean:
a. That all buildings shall be designed to prevent structural damage by flood waters;
b. The first floor of all buildings shall be constructed above the designated flood design elevation; and,
c. All electrical and mechanical equipment within a building shall be located above the designated flood design elevation.
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Zoning District Map