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2015
THE TOWN OF ASQUITH
ZONING BYLAW
SCHEDULE "AM to BYLAW
NO. 6-2015
4.
MAYOR
ADMINISTRATOR
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THE TOWN OF ASQUITH
THE ZONING BYLAW (BYLAW NO. 6-2015)
1. Pursuant to Section 45 of The Planning and Development Act, 2007, the Council of the Town of
Asquith hereby adopts the Zoning Byfaw, 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.
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APPROVED
REGINA, SASK.
MAY 1 3 2016
Assistant Deputy Mh^w^
Minist
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
Table of Contents
1.
Introduction...............................................................................................................................5
1. 1
Authority.......................................................................................................................................5
1.2
Title..........................................................................................................................................
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 Reviews...................................................................................... 23
3.7
Development Permit Procedure................................................................................................. 24
3.8
Discretionary Development Permit Procedure........................................................................... 24
3.9
General Discretionary Use Evaluation Criteria ........................................................................... 26
3. 10
Development Permit Application Fees.......................................................................................
27
3.11
Fee for Zoning Amendment Application..................................................................................... 27
3.12
Concurrent Processing of Development Permits, Building Permits and Business Licenses....... 27
3.13
Referral Underthe Public Health Act..........................................................................................
27
3.14
Development Appeals Board ...................................................................................................... 27
3. 15
Minor Variance............................................................................................................................
28
3. 16
Non- Conforming Building Uses and Sites..................................................................................
29
3. 17
Development Permit-Invalid ....................................................................................................
30
3. 18
Cancellation ................................................................................................................................
30
3.19 Stop-Work................................................................................................................................... 30
3.20
Bylaw Compliance.......................................................................................................................
30
3.21
Registering Interests...................................................................................................................
30
3.22
Moving Buildings.........................................................................................................................
30
3.23
Temporary Development Agreements .......................................................................................
31
3.24
Development Levy Agreements..................................................................................................
31
3.25
Servicing Agreements .................................................................................................................
31
4.
General Regulations ............................................................................................................... 32
4.1
License, Permits, and Compliance with Other Bylaws and Legislation....................................... 32
4. 2
Principal Use Established............................................................................................................
32
4.3
Multiple Uses.............................................................................................................................. 32
4.4
Uses Permit in all Zoning Districts............................................................................................... 32
4.5
Number of Principal Buildings on a Site...................................................................................... 32
4.6
Accessory Buildings, Uses and Structures................................................................................... 33
4.7
Front Yard Reduction.................................................................................................................. 33
4. 8
Frontage For Irregular Lots .........................................................................................................
33
4. 9
Permitted Yard Encroachments..................................................................................................
33
4,10
Grading and Leveling of Sites..................................................................................................... 33
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Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
4. 11
Height of Buildings......................................................................................................................
34
4,12
Heritage Properties.....................................................................................................................
34
4. 13
Signage of Natural and Human Heritage Sites............................................................................
34
4. 14 Buffer Strips................................................................................................................................ 34
4. 15
Closings.......................................................................................................................................
34
4.16
Satellite Dishes............................................................................................................................
34
4. 17
Private Garages, Sunrooms, Solariums, and Greenhouses.........................................................
34
4. 18
Trailers, Box Cars, Sea and Rail Containers.................................................................................
35
4.19
Swimming Pools..........................................................................................................................
35
4.20
Disposal of Wastes......................................................................................................................
35
4.21
Fence and Hedge Heights ........................................................................................................... 36
4.22 Solid and Waste Disposal Facilities............................................................................................. 36
4.23
Development Along Active Railways ..........................................................................................
36
4.24
Development on Hazard Lands...................................................................................................
36
5.
Discretionary Use Standards for Development .......................................................................... 37
5. 1
Terms and Conditions for Discretionary Approvals ....................................................................
37
5.2
Home Occupations.....................................................................................................
-.............. 37
5.3
Secondary Suites............................................................................................................
-....... -38
5.4
Modular Homes ...................................................................................................... -.--.-....... 38
5.5
Bed and Breakfast Homes...............................................................................................
-......... 38
5.6
Day Care Centres and Pre-Schools..............................................................................................
39
5.7
Adult Day Cares...........................................................................................................................
39
5.8
Residential Care Homes..............................................................................................................
39
5.9
Campgrounds.....................................................................................................................
-... -39
5.10 Wind Facilities............................................................................................................................. 40
5.11 Above Ground Fuel Storage Tanks.............................................................................................. 41
6.
Zoning Districts and Zoning Maps............................................................................
-.-..---43
6.1
Zoning Districts ...........................................................................................................................
43
6.2
The Zoning District Map............................................................................................
-............... 43
6.3
Boundaries of Zoning Districts.................................................................................................... 43
6.4
hlotding Designation....................................................................................................
-............. 43
7
Residential - Low Density District - Rl.................................................................................... 44
7.1
Permitted Uses.......................................................................................................................... 44
7.2
Discretionary Uses................................................................................................................... -44
7.3
Site Development Regulations.................................................................................................... 44
7.4
Accessory Building ......................................................................................................................
45
7.5
Signage...................................................................................................................................
-.. 46
7.6
Parking........................................................................................................................................ 46
7.7
OutsideStorage.............................................................................................................
-..---46
7.8
Standards for Discretionary Uses................................................................................................
47
8.
Residential - Medium Density District - R2 ............................................................................... 48
8. 1
Permitted Uses............................................................................................................................
48
8.2
Discretionary Uses ......................................................................................................................
48
8.3
Site development Regulations.................................................................................................... 48
8.4
Accessory Buildings and Structures ............................................................................................ 49
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Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
8.5
Signage........................................................................................................................................
50
8.6
Outside Storage........................................................................................................................... 51
8.7
Standards for Discretionary Uses................................................................................................
51
9.
Residential Mobile Home District - RMH..................................................................................
52
9. 1
Permitted Uses............................................................................................................................
52
9.2
Discretionary Uses ...................................................................................................................... 52
9.3
Site Development Regulations.................................................................................................... 52
9.4
Development Standards for Mobile Homes ...............................................................................
53
9.5
Accessory Uses, Buildings, and Structures..................................................................................
53
9.6
Signage........................................................................................................................................ 54
9.7
Parking........................................................................................................................................ 54
9.8
Outside Storage........................................................................................................................... 54
9. 9
Standards for Discretionary Uses............................................................................................
-. 55
10. Core Commercial District - Cl ................................................................................................... 56
10. 1
Permitted Uses............................................................................................................................
56
10.2
Discretionary Uses ...................................................................................................................... 56
10.3
Site Development Regulations.................................................................................................... 57
10.4
Accessory Buildings..................................................................................................................... 57
10.5
Signage................................................................................................................................. -.-57
10.6
Parking........................................................................................................................................ 57
10.7
Landscaping................................................................................................................................. 58
10.8
Standards for Discretionary Uses................................................................................................ 58
11. Highway Commercial District- 2.............................................................................................
60
11.1
Permitted Uses............................................................................................................................ 60
11.2
Discretionary Uses ........................................................................................................... -........ 60
11.3
Prohibited Uses........................................................................................................................... 60
11.4
Site Development Regulations....................................................................................................
61
11.5
Accessory Buildings..................................................................................................................... 62
11.6
Landscaping.................................................................................................................................
62
11.7
Parking Requirements................................................................................................................. 62
11.8
Loading Requirements................................................................................................................ 62
11.9
Signage........................................................................................................................................
62
11.10 Outside Storage........................................................................................................................... 63
11.11 Standards for Discretionary Uses................................................................................................ 63
12. Industrial District-IND............................................................................................................. 65
12.1
Permitted Uses............................................................................................................................ 65
12.2
Discretionary Uses ...................................................................................................................... 65
12.3
Site Development Regulations.................................................................................................... 66
12.4
Accessory Buildings.....................................................................................................................
66
12.5
Landscaping................................................................................................................................. 66
12.6
Parking........................................................................................................................................ 67
12.7
Loading Requirements................................................................................................................ 67
12.8
Signage........................................................................................................................................
67
12.9
Outside Storage........................................................................................................................... 67
12. 10 Standards for Discretionary Uses................................................................................................
68
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Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
12. 11 Performance Standards .............................................................................................................
69
13. Community Service District - CS................................................................................................ 70
13.1
Permitted Uses............................................................................................................................ 70
13.2
Discretionary Uses ...................................................................................................................... 70
13.3
Site Development Regulations.................................................................................................... 70
13.4
Accessory Buildings..................................................................................................................... 71
13.5
Signage........................................................................................................................................ 71
13.6
Parking........................................................................................................................................ 7^
13.7
Landscaping................................................................................................................................. 72
13.8
Standards for Discretionary Uses................................................................................................
72
14. Future Urban Development - FDD............................................................................................ 73
14. 1
Permitted Uses............................................................................................................................
73
14.2
Discretionary Uses ......................................................................................................................
73
14.3
Site Development Regulations.................................................................................................... 73
14.4
Signage........................................................................................................................................ 73
14.5
Supplementary Regulations........................................................................................................ 74
15. Flood Hazard Overlay (FH) ........................................................................................................ 75
15.1
Defining the Area........................................................................................................................ 75
15. 2
Permitted Uses...............................................................................
Error! Bookmark not defined.
15.3
Discretionary Uses .........................................................................
Error! Bookmark not defined.
15.4
Site Regulations in Flood Hazard Land Areas.............................................................................. 75
15.5
Flood Proofing Regulations.........................................................................................................
75
Page | 4
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
1.
INTRODUCTION
1. 1
AUTHORITY
Under the authority by The Planning and Development Act, 2007, the Mayor and Administrator in the
Town ofAsquith in the Province of Saskatchewan, in open meeting, hereby enact as follows:
1.2
TITLE
This Bylaw shall be known and be cited as the "Zoning Bylaw" of the Town ofAsquith.
1.3
PURPOSE
.1 The purpose of this Bylaw is to regulate development and to control the use of land in the Town
ofAsquith in accordance with the Town ofAsquith Official Community Plan (OCP) Bylaw 3-2015.
.2 The intent of this Zoning Bylaw is to provide for the amenity of the area within the Town of
Asquith (herein referred to as the Town) and for the health, safety, and general welfare of the
inhabitants ofAsquith and area:
a. To minimize land use conflicts;
b. To establish minimum standards to maintain the amenity of the Town;
c. To ensure development is consistent with the physical limitations of the land;
d. To restrict development that places undue demand on the Town services; and,
e. To provide for land-use and development that is consistent with the goals and objectives of
the Town.
1.4
SCOPE
This Bylaw applies to all land included within the boundaries of the Town ofAsquith. All development
within the limits of the Town ofAsquith 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.
Page | 5
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
2.
DEFINITIONS
Whenever the subsequent words or terms are used in Town ofAsquith Official Community Plan and this
Bylaw, they shall have the following definition unless the context indicates otherwise.
A
Abattoir: A facility for butchering or
slaughtering animals, and to dress, cut, inspects
meats, refrigerate, cure and manufacture by-
products.
Accessory: A building or use that:
a. Is subordinate to and serves the
principal building or principal use;
b. Is subordinate in area, mass, extent,
and purpose to the principal building or
principal use served;
c. Contributes to the comfort,
convenience, or necessity of occupants
of the principal building or assists the
principal use;
d. And is located on the same site as the
principal building or use.
Act: The Planning and Development Act, 2007,
Province of Saskatchewan, as amended from
time to time.
Adjacent: Contiguous or would be contiguous if
not for a river, stream, railway, road or utility
right-or-way or reserve land; and any other land
identified in this Bylaw as adjacent land for the
purpose of notification.
Administrator: The Administrator of the Town
ofAsquith.
Aggregate Resource: Mineral materials
including sand, gravel, clay, earth or mineralized
rock, including recycled concrete.
Agricultural: A use of land, buildings or
structures for the purpose of animal husbandry,
fallow, field crops, forestry, market gardening,
pasturage, private greenhouses and includes
the growing, packing, treating, storing and sale
of produce produced on the premises and other
similar uses customarily carried on in the field
of general agriculture.
Alteration or Altered: With reference to a
building, structure or site means a change from
one major occupancy class or division to
another, or a structural change such as an
addition to the area or height, or the removal or
part of a building, or any change to the
structure such as the construction of, cutting
into or removal of any wall, partition, column,
beam, joist, floor or other support, or a change
to or closing of any required means of egress or
a change to the fixtures, equipment, cladding,
trim, or any other items regulated by this Bylaw
such as parking and landscaping.
Ancillary Use: a secondary and subordinate use
to the principle use, which is specifically
allowed, and may include an associated building
that is specifically allowed pursuant to this
Bylaw.
Animal Clinic: A building or part thereof used by
a qualified veterinarian for the treatment of
animal health needs where animals are not kept
on the premises for surgery or kept overnight.
Animal Hospital: The premises of a veterinary
surgeon where small, large domestic animals
and livestock are treated or kept involving
surgery and the keeping of animals in outdoor
or indoor pens.
(Animal) Veterinary Clinics: A place for the care
and treatment of small animals involving
outpatient care and medical procedures
involving hospitalization, but shall not include
the keeping of animals in outdoor pens.
Apartment Block: A building containing three or
more dwelling units as herein defined, each of
which is occupied or intended to be occupied as
a permanent home or residence as distinct from
a hotel or rooming house.
Page | 6
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
Applicant: A developer or person applying for a
Development Permit under this Bylaw or for a
subdivision approval to an approving authority
under The Planning and Development Act, 2007.
Attic: That portion of a building situated wholly
or in part within the roof and which is less than
one-half story.
Automobile (Motor Vehicle): A self-propelled
passenger vehicle that usually has four wheels
and an internal-combustion engine, used for
land transport.
Auto Wrecker: An area where motor vehicles as
disassembled, dismantled or junked, or where
vehicles not in operable condition, or used parts
of motor vehicles, are stored or sold to the
general public
Awning: A structure that is mechanical and
fabricated from plastic, canvas or metal that is
spread across a frame designed to be attached
to a wall and hung above a doorway or window.
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 Tourist
Accommodation Regulations, 1969, in which
overnight accommodation within the dwelling
unit, along with one meal served before noon,
is provided to the traveling public for a charge.
Billboard; A private free standing sign, including
supporting structure, which advertises goods,
products, services, organizations, of facilities
that are available from, located on, or refer to,
a site other than the site on which the sign is
located.
Buffer: A strip of land, vegetation or land use
that physically separates two or more different
land uses.
Building: A structure constructed on, in, or over
land and used for the shelter or
accommodation of persons, animals, goods, or
chattels, and includes any structure covered by
a roof supported by walls or columns.
Building, Accessory (see Accessory).
Building Bylaw: A Bylaw of the Town ofAsquith
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 Town ofAsquith
authorizing the construction of, or the addition
to, any building but does not include a
Development Permit.
Building, Principal: A building in which is
conducted the main or primary use of the site
on which said building is situated.
Building Line, Established: The average distance
from the street line to the main wall of existing
buildings on any side of any block where more
than half the frontage of the block has been
built on.
Bulk Fuel Sales and Storage: includes land,
buildings, and structure for the storage and
distribution of fuels and oils including retail
sales or key-lock operation.
Business Support Services: Activities intended
to provide administrative, promotional or
technical support for commercial and industrial
activities.
Bylaw: The Town ofAsquith Zoning Bylaw.
Campground: An area used for a range of
overnight camping experiences, from tenting to
serviced trailer sites, including accessory
facilities which support the use, such as
administration offices and laundry facilities, but
not including the use of mobile homes or
trailers on a permanent year-round basis.
Page | 7
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
Cardlock Operation: A petroleum dispensing
outlet without full-time attendants.
Carport: A building or structure or part thereof,
where at least 40% of the area of the perimeter
is open and unobstructed by a wall, door, post
or pier and which is used for the parking or
storage of motor vehicles.
Cemetery: A cemetery or columbarium within
the meaning of The Cemeteries Act Chapter C-4,
R.S.S. 1981, as amended from time to time.
Club: A group of people organized for a
common purpose, to pursue common goals,
interest or activities, and usually characterized
by certain membership qualifications, payment
of dues or fees, regular meetings, and a
constitution and bylaws.
Commercial Use: The use of land, building(s), or
structure(s) for the purpose of buying and
selling commodities, and supplying professional
and personal services for compensation.
Commercial/lndustriat Use, Large Scale:
Commercial or Industrial land uses maintaining
a lineal frontage in excess of 90 metres (295 ft. ).
Commercial/lndustrial 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 provides a convenient day-to-
day service to residents in the vicinity.
Council: The Council of the Town ofAsquith.
Cultural Institution: establishments such a
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 0.31
metres (1 foot) above the average ground level
upon which it is constructed, either adjacent to
Page | 8
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
a building or free-standing with stairway, ramp,
or similar access.
Development: The carrying out of any building,
engineering, mining, or operations in, on, or
over land, or making of any material change in
the use or intensity of use of any building, or
land, and shall include, but not be limited to,
excavating, filling, grading or drainage of land.
Development Officer: A person appointed by
the Town Council to act as a Development
Officer to administer this Bylaw.
Demolition Permit: A permit issued for the
removal or dismantling of a building or
structure with the Town's boundaries as
prescribed under Section 13 of The Uniform
Building and Accessibility Standards Act.
Development Permit: A document issued by
the Council of the Town ofAsquiththat
authorizes development pursuant to this Bylaw,
but does not include a building permit.
Directional Signage: Signage located off-site
providing direction to, and information about, a
specific enterprise or activity which does not
contain general advertising.
Discretionary Use: Uses or development of
land, buildings, or other structures that may be
permitted in a Zoning District only at the
discretion of Council and which conforms to all
discretionary use regulations and other
regulations applicable to the district in which
the use is located.
Dwelling: A building or part of a building
intended for residential occupancy.
Dwelling Unit: One or more habitable rooms
used, or fully capable of being used as a
residence, where each unit provides sleeping,
cooking and toilet facilities.
Dwelling, Duplex: A building divided that is
divided into two 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 lot or site, built as one
development.
Dwelling, Multiple Unit: A building containing
three 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 watt extending from the base of the
foundation to the roofline.
.:!
Ull
Semi-Detached Dwelling
Dwelling, Single-Detached: A building
containing only one dwelling unit, and shall not
include a mobile home as herein defined.
/ ;
i
/ -;
Single-Detached Dwelling
Dwelling, Townhouse: A dwelling, designed as
one cohesive building in terms of architectural
design, which contains three (3) or more similar
attached dwelling units each of which fronts on
a street, has direct access to the outside at
Page t 9
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
grade and is not wholly or partly above another
dwelling.
Town House Dwelling
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 floodplain
where the waters in the 1:500 year flood are
projected to be less than a depth of one metre
or a velocity of one metre per second.
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.
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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 Town.
Flanking: Means to the side of a lot, parcel or
site.
Flood: A temporary rise in the water level that
results in the inundation of areas not ordinarily
covered by water.
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 metre or a velocity of
one metre per second.
Floor Area: The maximum area contained
within the outside walls of a building, excluding
in the case of a dwelling, any private garage,
porch, veranda, open deck, unfinished attic, or
unfinished basement or cellar and in a
commercial or industrial building, any utility
room.
Future Land Use Map: In its projections, the
map specifies certain areas for residential
growth and others for residential, industry,
commercial and conservation. The Future Land
Use Map for Asquith 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.
Page | 10
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
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 but does not include car washing
establishments, an auto sales lot or an
automobile service station.
Garden (Granny) Suite: A second, small,
dwelling on the site of a primary, singte-family
dwelling that accommodates one or two family
members of the owner/occupants of the
primary residence and is intended to allow the
family to live independently but with the
support nearby of the extended family.
Gas Bar: A building or place where fuel and
automotive fluids are sold and may be added to
a vehicle on the property, and which may have
a convenience store and/or restaurant.
Grade: The average elevation of the natural
ground level at the walls of a building or
structure as determined by the elevation of the
outside corners of the building.
Greenhouse, Commercial: A building for the
growing of flowers, plants, shrubs, trees and
similar vegetation that are not necessarily
transplanted outdoors on the same site, but are
sold directly at wholesale or retail from the site.
Greenhouse, Private: A building for the growing
of flowers, plant, shrubs, trees and similar
vegetation that are transplanted outdoors on
the same site containing such greenhouse(s),
and where greenhouse products may not be
offered for sale.
Greenways: A linear park which may
accommodate pathways principally for foot
traffic and/or bicycles. Typically, greenways are
planned along creeks or streams and managed
as natural environments, or bikeways along
landscaped roads.
Group Home: (see Personal Care Home).
H
Hazardous Industry/Substance: A substance
that, because of its quality, concentration or
physical, chemical or infectious characteristics,
either indivtdually 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, 1985", 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
Page | 11
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
unit or accessory building by the resident or
residents, which is clearly incidental and
secondary to the principal use of the site and
which does not create or become a public
nuisance as a result of noise, traffic, pollution,
or parking. Home occupations shall not occupy
more than 25% of the total finished floor area
of a dwelling unit in any Residential District.
Hotel: A building or structure or part of a
building or structure in which sleeping
accommodation with or without meals is
provided for tourists or travelers, and where a
guest register or record is kept, but does not
include a motel or rooming house.
Industrial Exclusionary Uses: refers to certain
industrial activities that may be characterized as
exhibiting a high potential for adversely
affecting the safety, use, amenity or enjoyment
of adjacent and nearby industrial and non-
industrial sites due to their scale, appearance,
noise, odour, emissions and hazard
potential. Such activities are considered
exclusionary when the only means of mitigating
the associated negative effects on surrounding
land uses is through spatial separation.
Exclusionary uses would include but not be
limited to the following: Landfill, Ethanol Plant,
Transformer Stations, Uranium Refineries,
Anhydrous Ammonia Storage and Distribution
Centres.
Industrial Use: The use of land, buildings or
structures for the manufacturing, assembling,
processing, fabrication, warehousing or storage
of goods and materials.
Industrial Park: An area of land set aside for
industrial development, usually located close to
transport facilities, especially where more than
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 dogs, cats or
other domestic animals for commercial
purposes.
Kennel, Breeding: The keeping of domestic
animals, male and female, and which are more
than 12 months old, for breeding purposes.
Kennel, Enclosure: An accessory building or
enclosure intended to house one of more
domestic animals.
Landfill: A specially engineered site for
disposing of solid waste on land, constructed so
that it will reduce hazard to public health and
safety.
Landscaped Area: An area not built upon and
not used for any purpose other than as an open
space that may include grass, shrubs, flowers,
trees, and similar types of vegetation and may
contain paths, walks, patios, fences and similar
outdoor amenities, but does not include parking
areas, parking lots, driveways or ramps.
Land Use Zoning District: Divisions identified in
the Zoning Bylaw establishing permitted and
discretionary uses of land or buildings with
attendant regulations.
Lane: A secondary public thoroughfare
intended primarily to give access to the rear or
side of the abutting property.
Livestock: Domesticated animals used primarily
as beasts of burden or for the production of fur,
hides, meat, milk, eggs or other product, or as
breeding stock, but excluding companion
animals.
Page | 12
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
Loading Space: A space measuring at least 2.5
metres (8.20 feet) in width and 8.5 metres
(27. 88 feet) in depth, located on a lot, and
having access to a street or lane, in which a
vehicle may park to load or unload.
Lot (see Site): An area of land with fixed
boundaries on record with the Information
Services Corporation (ISC) by Certificate of Title.
For the purposes of this Bylaw the terms "lot"
and "site" shall be deemed not to mean the
same.
Lounge: A room or area adjoining a restaurant
set aside for the sale of beverage alcohol for
consumption on the premises, with or without
food, and where no area has been set aside for
dancing or entertainment, either in the lounge
or in the adjoining restaurant. The area of a
lounge may not exceed 50% or the public
assembly area in the adjoining restaurant,
subject to Provincial Regulations.
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
components 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 Town of Asquith.
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 unit in which customers can rent
space to store possessions.
Mixed-Use: A mix of land uses that facilitate the
mixing, rather than separation of, land uses in
one distinctive environment, either vertically in
the same building or horizontally adjacent. It is
intended to be compatible with adjacent uses.
Mobile Home: A 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 Standard #
Z240.
Double-Wide Mobile Home
Mobile Home Park: A site under single
management for the placement of two or more
mobile homes and shall include all accessory
buildings necessary to the operation but does
not include an industrial or construction camp
or tourist campsite. For the purpose of this
Bylaw the terms mobile home park and mobile
home court shall be deemed to mean the same,
Mobile Home Site: An area of land in a mobile
home park that is intended to be occupied by
one mobile home and for exclusive use of its
occupants with access to a driveway or a public
street.
Mobile Home Subdivision: Any subdivision of
land and the development thereof for the
purpose of accommodating mobile homes in
such a manner that each home is situated on its
own site, which shall contain a minimum site
area of 464. 50 m z (5000 ft2 ) and in which all
Page I 13
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
such sites, public open spaces, internal streets
and lanes, buffer zones and other amenity areas
form a contiguous area of development,
Modular (Manufactured) Home: A residential
dwelling that is constructed off site in a yard or
factory, in one or more sections, transported to
a site for permanent installation on a
permanent foundation (may have a basement),
having architectural features similar to
permanent residential dwellings built on site in
the Town, and conforming to Canadian
Standards Association (CSA) 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, which shall
contain a minimum site area of464.SO m 2
(5000 ft2), and in which all sites, public open
space, internal streets, buffer zones, and other
amenity areas form a contiguous area of
development.
Motel or Motor Hotel: A building or buildings
consisting of a number of individual rental units,
intended for the use of the traveling public,
each containing at least a bedroom and
bathroom, and each having convenient access
to a parking space for the use of the occupants
of the units and may or may not provide food
service.
Multiple-Unit Building: a building containing
two (2) or more distinct uses, each of which is
allowed in the Zoning District in which the
building is located.
Multiple Complimentary (Vertically
Integrated) Activities: the accommodation of
multiple complimentary activities which could
be considered principal permitted uses under
single or multiple ownership within one or more
buildings on a single parcel where these uses
are considered to provide additional processing
and/or the sate of manufactured goods
produced onsite.
Municipality: The Town ofAsquith.
Municipal Reserve: Dedicated lands that are
provided to a municipality for public use, or that
were dedicated as public reserve and
transferred to a Municipality pursuant to of The
Planning and Development Act, 2007.
Museum: An institution that is established for
the purpose of acquiring, conserving, studying,
interpreting, assembling and exhibiting to the
public for its instruction and enjoyment, a
collection or artifacts of historical interest.
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.
Page | 14
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
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 Official
Community Plan for the Town of Asquith Bylaw
No. 5-2015 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.
Parking Lot: An open area, other than a street,
used for the temporary parking of more than
four vehicles and available for public or private
use.
Parking Space: A space within a building or
parking lot for the parking of one (1) motor
vehicle including convenient access to a public
lane or street and shall be not less than 2.5
metres (8.20 feet) wide and 5.5 metres (18.04
feet) in length.
Pasture: A site that is used for the raising and
feeding of livestock by grazing.
Patio: Any hard surface or floor structure less
than 0.31 metres (1 foot) above the average
ground level upon which it is constructed.
Permitted Use: The use of land, buildings or
other structures that shall be permitted in a
Zoning District where all requirements of this
Zoning Bylaw are met.
Person: A "person" shall apply to an individual,
association, firm, partnership, corporation,
trust, or agent, and their heirs, executors, or
other legal representatives of a person to whom
the same can apply according to the law.
Personal Service Trades: A building or part of a
building in which persons are employed in
furnishing services and administering to
customer's personal and or grooming needs,
but does not include the provision of health
related services.
Places of Worship: A building set aside by any
religious organization for public worship. Typical
uses include churches, chapels, mosques,
temples, synagogues and parish halls.
Pond: Any constructed containment of water
for the purpose of landscape enhancement,
keeping ornamental fish or aquatic plants, or
for other similar purposes, but not a swimming
pool.
Principal Use: The main or primary activity, for
which a site or its buildings are designed,
arranged, developed or intended, or for which
is occupied or maintained.
Public Work: A facility as defined under The
Planning and Development Act, 2007 including a
system, work, plant, equipment, or service,
whether owned or operated by the
Municipality, or by a corporation under Federal
or Provincial statute, that furnishes any of the
following services and facilities to, or for the use
of, the inhabitants of the Town ofAsquith:
.
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.
R
Real-Estate Sgnage: Signage directly associated
with the sale of a property on which it is located
and which maintains a gross surface area of less
than 1.0 mz (10. 76 ft2 }.
Page | 15
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
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 buildings and
structures; but does not include the racing of
animals or motorized vehicles.
Recreational Vehicle: A vehicle, such as a
camper or motor home, used for traveling and
recreational activities.
Recreational Vehicle (RV) Park: An area of land,
managed as a unit, providing short-term
accommodation for motor homes and camping
trailers, including accessory facilities such as
administration offices and laundry facilities.
Recycling Collection Depot (Neighbourhood): A
building or structure used for the collection and
temporary storage of recyclable household
materials such as bottles, cans, plastic
containers, paper and paint, but shall not
include the processing of recyclable material
other than compaction; the collection and
storage of oil, solvents or other hazardous
material; or outdoor compaction or storage.
Recycling Collection Facility (Commercial): A
building or structure intended to accommodate
the collection, sorting, processing and
temporary storage of recyclable materials that
would otherwise be considered waste. These
types of uses include outdoor processing or
storage.
Redevelopment (see infill development)
Residential Care Home: A licensed or approved
group care home governed by Provincial
regulations that provide, in a residential setting,
24 hour care of persons in need of personal
services, supervision or assistance essential for
sustaining the activities of daily living or for the
protection of the individual.
Residential Use: The use of land, buildings, or
structures for human habitation.
Restaurant: A building or part of a building
wherein food is prepared and offered for sale to
the public primarily for consumption within the
building. Limited facilities may be permitted to
provide for a take-out food function provided
that such a facility is clearly secondary to the
primary restaurant use.
Retail Store (Shop): A building or part thereof,
or a place, where goods, wares, merchandise,
substances, or articles are offered or kept for
sale or rent, and may include servicing and the
manufacture of products on site for sale on the
site so long as the gross floor area used for
manufacturing does not exceed 25% of the
gross floor area of the retail store.
Right-Of-Way: The land set aside for use as a
roadway or utility corridor. Rights of way are
purchased prior to the construction of a new
road or utility line, and usually enough extra
land is purchased for the purpose of providing
mitigative features. Sometimes road rights of
way are left vacant after the initial roadway
facility is constructed to allow for future
expansion.
Rooming House (Boarding House): A building
which contains a room or rooms for
accommodation other than a dwelling unit or
other form of accommodation defined
elsewhere in this Bylaw, where meals may or
may not be provided, with sleeping facilities
and with or without private toilet facilities.
RTM (Ready to Move) Home: A residential
dwelling that is constructed off- site in a yard or
factory to National building code and
transported as a single unit to a site for
permanent installation on a permanent
foundation including a basement.
Page | 16
Town of Asquith Zoning Bylaw (Bylaw No. 6-2015)
i±s
rffl J
'iT-
Ui-
RTM (Ready to Move) Home
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, rags, rubber tires,
discarded goods, equipment, appliances or
machinery.
School: An educational facility under the
jurisdiction of a Board of Education, a college,
university, or any other school established and
maintained either wholly or partially at public
expense, whether or not the same is a boarding
school and includes any dormitory building
accessory to such school.
Secondary Suite: a self-contained dwelling unit
which is an accessory use to, and located
within, a detached building in which the
principal use is a one unit dwelling.
Self-service storage facility: a commercial
business that rents or teases storage rooms,
lockers, containers, modular storage
units and/or outdoor space, for businesses and
individuals to store and access their goods.
Service Station: A site used for the retail sale of
lubricating oils and gasoline, automobile
accessories, and for the servicing and repairing
of motor vehicles essential to the operation of a
motor vehicle; but does not include an auto
body or painting shop, car sales lot, or a car
washing establishment.
Setback: The distance required to obtain the
front yard, rear yard or side yard provisions of
this Bylaw.
Shopping Centre: A building or group of
buildings located on one or more contiguous
and/or non-contiguous lot or site, in which four
(4) or more of the uses allowed in the Zoning
District are co-located for their mutual benefit
including the use of off-street parking and other
joint facilities.
Should, Shall or May;
.
Shall is an operative word which means the
action is obligatory.
.
Should is an operative word which means
that in order to achieve plan objectives, it is
strongly advised that the action be taken.
.
May is an operative word meaning a choice
is available, with no particular direction or
guidance intended.
Sign: Any device, letter, symbol, emblem or
picture, that is affixed to or represented directly
or indirectly upon a building, structure, or a
piece of land and that identifies or advertises
any object, product, place, activity, person,
organization, or business in such a way as to be
visible to the public on any street,
thoroughfare, or any other public place.
Sign, Billboard: A private free standing sign,
including supporting structure, which advertises
goods, products, services, organizations, of
facilities that are available from, located on, or
refer to, a site other than the site on which the
sign is located.
Sign, Canopy: a sign attached to, or painted on
an awning, canopy or freestanding canopy.
Sign, Fascia: a sign fastened to, or painted on
the wall of a building or structure in such a
manner that the wall becomes the supporting
structure for, or forms the background surface
of the sign and which does not project more
than 0.5 metres (1.64 feet) from such building
or structure.
Page | 17
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
Sign, Freestanding: sign, except a billboard,
independently supported and visibly separated
from a building or other structure and
permanently fixed to the ground.
Sign, Height: The vertical distance measured
from the highest point of the sign to grade level
at the 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 sign which is
wholly or partially dependent upon a buildings
for support and which projects more than 0.5
metres (1.64 feet) from such building, (including
Awning Signs).
Sign, Temporary: A sign which is not
permanently installed or affixed in position,
advertising a product or activity on a limited
basis.
Site: An area of land, consisting of one or more
lots consolidated under a single certificate of
title, considered as a unit devoted to a certain
use or occupied by a building or a permitted
group of buildings, and the customary
accessories and open spaces belonging to the
same.
Site Area: The total horizontal area within the
site lines of a site,
Site, Corner: A site at the intersection of two or
more public streets, or upon two parts of the
same street, the adjacent sides of which street
or streets (or, in the case of a curved corner, the
tangents at the street extremities of the side
site lines) contain an angle of not more than
one hundred and thirty-five (135) degrees. In
the case of a curved corner, the corner of the
site shall be that point on the street at the point
of intersection of the said tangents.
t
Rear Yatd
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i
f-Ot;
Side
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Yard
^ 1
~¥
Front Yard
Frontaa?
Street Roadnav
Location and measurement of setbacks
Page ) 18
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
Site Coverage: The percentage of the site area
covered by all the buildings above the ground
level.
Site Depth: The horizontal distance between
the front site and rear site lines, but where the
front and rear site lines are not parallel the site
depth is the length of a tine joining the midpoint
of such site lines.
Site, Through: A site other than a corner site,
having separate frontages on two streets. The
front site line of a through site shall be
determined by predetermined building tines.
Site, Width: The horizontal distance between
the side boundaries of the site measured at a
distance from the front lot tine 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 tine separating the site
from the street; for a corner site, the shorter
line abutting a street; but in the case of a corner
site with two street lines of equal length, the
front site line shall be designated by
predetermined building lines.
Site Line, Rear: The site line at the rear of the
site, opposite the front site line.
Site Line, Side: A site line other than a front or
rear site line.
Site Plan: A plan showing the location of
existing and proposed buildings on a site in
relationship to the site lines.
Special Care Facility (Home): An
institutionalized nursing home, supervisory care
home, sheltered care home or other facility
used for the purpose of providing supervisory
care, personal care, and nursing care.
Special Needs Housing: Multiple unit dwellings
or dwelling groups operated by a non-profit
corporation or public authority and used
exclusively for the domestic habitation of senior
citizens, disabled persons, occupants of
subsidized housing, or the cohabitant spouse
and children of persons noted above.
Storey: That portion of a building, other than an
attic or basement, between the upper surface
of any floor and the upper surface of the floor
next above.
Storey, One-Half: That portion of a building
situated wholly or in part within the roof and in
which there is sufficient space to provide a
height between finished floor and finished
ceiling of between 1.6 metres (5.25 feet) and
2.3 metres (7.55 feet) over a floor area which is
not less than one-third nor more than two-
thirds of the floor area of the story next below.
Stakeholders: Individuals, groups or
organizations who have a specific interest or
"stake" in a particular need, issue situation or
project and may include members of the local
community residents, community groups or
local, provincial and federal governments.
Street: The whole and entire width of every
highway, public road, or road allowance vested
in Her Majesty in the right of the Province of
Saskatchewan and shown as such on a plan of
survey registered at the Information Services
Corporation (ISC).
Strip Mall (Mini Mail): a building of not more
than 604.0 m (6501.61 ft ) in gross floor area in
which a minimum of three (3) and a maximum
of six (6) of the permitted or discretionary uses
of the Zoning District are located together for
their mutual benefit.
Structural Alteration: The construction or
reconstruction of supporting elements of a
building or other structure.
Structure: Anything that is built, constructed or
erected that is located on the ground or
attached to something located on, or in the
ground.
Subdivision: A division of land, and includes a
division of a quarter section into legal
Page | 19
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
subdivision as described in the regulations
made pursuant to The Land Surveys Act, 2000.
Swimming Pool: Any body of water
permanently located outdoors or indoors,
contained by artificial means and used and
maintained for the purpose of swimming,
wading, or diving and having a depth of 0.61
metres (2.0 feet) or more at any point.
Tavern: an establishment, or portion thereof,
where the primary business is the sale of
beverage alcohol for consumption on the
premises, with or without food, and where no
live entertainment or dance floor is permitted,
subject to Provincial Regulations.
(Tele)communication Facility: A structure
situated on a non-residential site that is
intended for transmitting or receiving
television, radio or cellular communications,
excluding those used exclusively for dispatch
communications.
Tourist Campground: An area of land, managed
as a unit, providing short-term accommodation
for tents, camping trailers, motor homes and
campers, including accessory facilities such as
administration offices and laundry faculties.
Town: The Town ofAsquith.
Town Administrator: The Administrator of the
Town ofAsquith.
Trailer (Camping), Motor Home: Any vehicle
designed, constructed or reconstructed in such
a manner as will permit occupancy as a dwelling
or sleeping place for one or more persons,
notwithstanding that its running gear is
removed or jacked up, is used or constructed in
such a way as to enable it to be used as a
conveyance upon public streets or highways,
and includes self-propelled and non-setf-
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, but 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 premises, or part thereof
is arranged, designed, or intended, occupied, or
maintained.
Used For: Includes "arranged for", "designed
for", "intended for", "maintained for", and
"occupied for".
Utility Shed: An accessory building or structure
used for the storage of goods with a maximum
floor area of 9.29 m2 (100 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.
Outdoor: Maintenance services have all or any
portion of their operations located outside of an
enclosed building.
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
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Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
suspension, but does not include a septic
system for a single residence or farmstead, or a
manure storage area for an intensive livestock
operation.
Waste Disposal Facility, Solid: A facility or a
temporary storage facility, to accommodate
discarded materials, substances or objects
which originated from residential, commercial,
institutional and industrial sources which are
disposed of in municipal or private landfills, but
not including dangerous goods, hazardous
waste or biomedical waste.
Wind Energy Conversion System: A system
composed of a wind turbine, tower and
associated control electronics with a capacity of
less than 100 kW for non-residential use or 10
kW for residential use. It will be considered an
accessory use and is intended to provide on-site
power for a principal use.
Wind Turbine: The individual component of a
Wind Energy Conversion System that converts
kinetic energy from the wind into electrical
energy, independent of the electrical
conductors, electrical storage system, electrical
metering, or electrical inverters.
Wind Turbine, Electrical: An individual
component of a Wind Energy Conversion
System which converts kinetic wind energy to
electrical energy through electric currents.
Wind Turbine, Mechanical: An individual
component of a Wind Energy Conversion
System which converts kinetic wind energy to
mechanical energy through motion.
Work Camp: A temporary Industrial or
Construction camp established for the purpose
of providing accommodation for employees,
and without restricting the generality of the
above, the camp is usually made up of a
number of mobile units, clustered in such a
fashion as to provide sleeping, eating and other
basic living facilities.
Yard: Open, uncovered space open to the sky
on the same site with a building or structure.
Yard, Front: The area between the side site
lines and the front site line to the front building
line (See Location and measurement of setbacks
drawing).
Yard, Rear: The area between the side site lines
and the front site line to the rear building line
(corner and interior) (See Location and
measurement of setbacks drawing).
Yard, Required: The minimum yard required by
a provision of this Bylaw and within which,
unless specifically permitted, no building or
structure, or part of a building or structure shall
be erected.
Yard, Side: The area between the front and rear
yards and between the side site line and the
side building tine (See Location and
measurement of setbacks drawing).
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Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
3.
ADMINISTRATION AND INTERPRETATION
3. 1
DEVELOPMENT OFFICER
.1 The Town Administrator for the Town of Asquith 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.
.2 The Development Officer shall:
a. Receive, record, and review development permit applications and issue decisions in
consultation with Council, particularly those decisions involving subdivision, discretionary
uses, development permit conditions, and development and servicing agreements;
b. Maintain, for inspection by the public during office hours, a copy of this Bylaw, zoning maps
and amendments, and ensure that copies are available to the public at a reasonable cost;
c. Make available, for public inspection during office hours, a register of all development
permits and subdivision applications and decisions;
d. Collect development fees, according to the fee schedule established in this Bylaw or any
other Development Fee Bylaw adopted by the Town; and
e. Perform other duties as determined by Council.
.3 The Development Officer shall be empowered to make a decision regarding a Development
Permit application for a "Permitted Use."
3. 2
COUNCIL
.1 Council shall make alt decisions regarding Discretionary uses. Development and Servicing
Agreements, and Zoning Bylaw amendments.
.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 Council shall act on discretionary use, rezoning, and subdivision applications in accordance with
the procedures established by The Planning and Development Act, 2007 and in accordance with
the Town ofAsquith Official Community Plan.
3. 3
APPLICATION FOR A DEVELOPMENT PERMIT
.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.
.2 A Development Permit shall not be issued for any use in contravention of any of the provisions
of this Bylaw and the Town ofAsquith Official Community Plan.
.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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Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
3.4
DEVELOPMENT NOT REQUIRING A PERMIT
.1 RESIDENTIAL ZONING DISTRICT
a.
Buildings and structures under 9. 0 m2 in area, which are accessory to a principal, residential
use except where such dwelling is a discretionary use.
b. The television antennae or radio antennae.
c. Relocation of any residential or accessory building provided development standards are still
met on the site.
.2 COMMERCIAL ZONING DISTRICTS
a. Buildings and structures that are accessory to a permitted, principal, commercial use, except
where such use is discretionary.
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 OFFICIAL USES
Uses and buildings undertaken, erected, or operated by the Town of Asquith.
.4 INTERNAL ALTERATIONS
a. Residential Buildings
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 site;
b. All Other Buildings
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.
.5 LANDSCAPING
Landscape 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.
b. All Bylaw requirements shall be based on the stated metric units. The imperial un'rts shown
in this Bylaw shall be approximate guidelines only.
3.6
COMPREHENSIVE DEVELOPMENT REVIEWS
.1 A Comprehensive Development Review shall be completed prior to consideration of an
application by Council by any person proposing to rezone 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 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;
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Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
b. The effect on adjacent land uses and integration of the natural landscape regarding the
planning and design of the area;
c. The location of, and access to, major transportation routes and utility corridors;
d. The provision of services respecting the planning for future infrastructure within the
Municipality;
e. Sustainable development and environmental management practices regarding surface and
groundwater resources, storm water management, flooding and protection of significant
natural areas;
f. Appropriate information specific to the particular land use (residential, commercial or
industrial)
.2 The Comprehensive Development Review must be prepared in accordance with the overall goals
and objectives of the Town ofAsquith 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
.1 Where an application for a Development Permit is made for a permitted use in conformity with
this Bylaw, The Planning and Development Act, 2007, and all other Town Bylaws, the Council
shall hereby direct the Development Officer to issue a Development Permit.
.2 As soon as an application has been made for a development permit and prior to making a
decision, the Development Officer may refer the application to whichever government agencies
or interested groups Council may consider appropriate. The Development Officer may also
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.
.3 A copy of all approved development permit applications, involving the installation of water and
sanitary services, shall be sent to the Regional Health Authority.
.4 Upon approval of a permitted or accessory use, the Development Officer shall issue a
development permit for the use at the location and under such terms and development
standards specified by the Official Community Plan and this Bylaw.
.5 The applicant shall be notified in writing of the decision of their application. The applicant shall
be advised oftheir right to appeal a decision to the Development Appeals Board on a permitted
or accessory use application and any terms and conditions attached to an application.
.6 A building permit, where required, shall not be issued unless a development permit has been
issued, or is issued concurrently.
3.8
DISCRETIONARY DEVELOPMENT PERMIT PROCEDURE
.1 The following procedures shall apply to discretionary use applications:
a. Applicants must file with the Development Officer the prescribed application form, a site
plan, any other plans and supplementary information as required by the Development
Officer and pay the required application and public hearing fees.
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Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
.2
.3
.4
b. The application will be examined by the Development Officer for conformance with the
Plan, this Bylaw, and any other applicable policies and regulations and shall advise the
Council as soon as practical.
c. 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 give notice by regular mail that the application has been filed
to the all residents within 75 meters from the property line in which the subject site is
located and provide notification of an upcoming public hearing and an opportunity for them
to provide written comment on the proposal.
e. 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.
f. The Development Officer will set a date for the 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.
g. Council shall consider the application together with the reports of the Development Officer
and any written or verbal submissions received by Council.
h. 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.
i. The applicant shall be notified of Council's decision by regular mail addressed to the
applicant at the address shown on the application form.
Discretionary uses, discretionary forms of development, and associated accessory uses shall
conform to the development standards and applicable provisions of the Zoning District in which
they are located.
In approving a discretionary use application. Council may prescribe specific development
standards with respect to that use or form of development, provided those standards are
necessary to secure the following objectives:
a. The proposal, including the nature of the proposed site, the size, shape and arrangement of
buildings, and the placement and arrangement of lighting and signs, must be generally
compatible with the height, scale, setbacks and design of buildings in the surrounding area,
and with land uses in the general area, including safeguards to prevent noise, glare, dust, or
odour from affecting nearby properties;
b. The proposal must provide adequate access and circulation for the vehicle traffic generated,
as well as providing an adequate supply of on-site parking and loading spaces.
c. The proposal must provide sufficient landscaping and screening, and, wherever possible,
shall preserve existing vegetation.
Council may approve a discretionary use application for a limited time period where it is
considered important to monitor and re-evaluate the proposal and its conformance with the
provisions of this Bylaw.
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Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
.5 Upon approval of a discretionary use by resolution of Council, the Development Officer shall
issue a development permit for the discretionary use at the location and under such terms and
development standards specified by Council in its resolution.
.6 Council's approval of a discretionary use application is valid for a period of 12 months from the
date of the approval. If the proposed use or proposed form of development has not commenced
within that time, the approval shall no longer be valid. The Development Officer shall advise the
applicant and Council when a prior approval is no longer valid.
.7 The applicant shall be notified in writing of the decision of their application. The applicant shall
be advised of their right to appeal any terms and conditions attached to a discretionary use
application to the Development Appeals Board.
3.9
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.
.1 The proposal must be in conformance with all relevant sections of the Official Community Plan
and must demonstrate that it will maintain the character, density, and purpose of the zoning
district, where necessary through the provision of buffer areas, separation and screening.
.2 The proposal must be capable of being economically serviced by community infrastructure
including roadways, water and sewer services, solid waste disposal, parks, schools, and other
utilizes and community facilities.
.3 The proposal must demonstrate that it is not detrimental to the health, safety, convenience or
general welfare of persons residing or working in the vicinity or injurious to property,
improvements or potential development in the vicinity.
.4 The proposal must provide sufficient landscaping and screening, and, wherever possible, shall
preser/e existing vegetation.
.5 The proposal must demonstrate that any additional traffic generated by the use, can be
adequately provided for in the existing parking and access arrangements. Where this is not
possible further appropriate provisions shall be made so as to ensure no adverse parking or
access effects occur.
.6 Consideration will be given to the presence of activities already located in the area and on the
site, and their effect on the surrounding residential environment, such as the cumulative effect
of locating an activity on a site adjacent to or already accommodating an activity that may
currently generate traffic, noise, etc. not in keeping with the character of the adjacent area.
.7 Consideration wilt be given to addressing pedestrian safety and convenience both within the
site, and in terms of the relationship to the road network in and around the adjoining area.
.8 All operations shall comply with all regulations of Saskatchewan Environment and Saskatchewan
Labour which govern their operation and development.
.9 Proposals for discretionary uses which may result in heavy truck traffic, particularly in
commercial and industrial districts, should be located to ensure that such traffic takes access to
or from major streets or designated truck routes.
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Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
3. 10 DEVELOPMENT PERMIT APPLICATION FEES
.1 An applicant seeking the approval of a Development Permit application shall pay the following
non-refundable fee: $100.00 or shall pay the required fee as set out in a separate Development
Fee Bylaw of the Municipality.
. 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 An applicant seeking a discretionary use approval shall pay the required non-refundable fee:
$200.00 or shall pay the required fee as set out in a separate Development Fee Bylaw of the
Town.
.4 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 75.0 meter radius of the proposed development.
.5 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.
3. 11 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. 12 CONCURRENT PROCESSING OF DEVELOPMENT PERMITS, BUILDING PERMITS AND
BUSINESS LICENSES
A Building Permit, where required, shall not be issued unless a Development Permit has been issued, or
is issued concurrently. Nothing in this Bylaw shall exempt any person from complying with a building
Bylaw, or any other Bylaw in force within The Municipality, or from obtaining any permission required
by this, or any other Bylaw of The Municipality, the Province or the Federal Government.
3. 13 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 and
Regulations. The developer shall, at their own expense, provide suitable water supply and sewage
disposal facilities for that development acceptable to Council that meets The Public Health Act and
Regulations requirements.
3.14 DEVELOPMENT APPEALS BOARD
.1 Council shall appoint a Development Appeals Board consisting of three members, to hear and
determine appeals m accordance with Section 213 to 227 inclusive, of The Planning and
Development Act 2007.
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Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
.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;
iii. An issuance of a written order from the Development Officer.
b. There is no appeal pursuant to 3. 14. 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 or discretionary use of intensity that has not been approved by
resolution by 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. 14. 2.a within 30 days after the date of the
decision.
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.
3.15 MINOR VARIANCE
.1 The Development Officer may vary the requirements of this Bylaw subject to the following
requirements:
a. A minor variance may be granted for the following only.
I.
Minimum required distance of a building from a lot line; and
ii.
The minimum required distance of a building from any other building on the lot.
b. The maximum amount of a minor variance shall be 10% variation from the Requirements of
this Bylaw.
c. The development must conform to all other requirements of this Bylaw.
d. The relaxation of the Bylaw requirement must not injuriously affect a neighbouring
property.
e. No minor variance shall be granted for a discretionary use or form of development, or in
connection with an agreement to rezone pursuant to Section 60 of The Planning and
Development Act 2007.
.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 of $50.00.
.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
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Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
c. Deny the minor variance.
.4 Terms and conditions imposed by the Development Officer shall be consistent with the general
development standards in this Bylaw.
.5 Where a minor variance is refused, the Development Officer shall notify the applicant in writing,
providing reasons for the refusal.
.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.
.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 days from the date the notice was
mailed.
b. In the case of a notice that is delivered by personal service, until 20 days from the date the
notice was served.
.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 time period,
the approval is deemed to be revoked and the Development Officer shall notify the applicant in
writing:
a. Of the revocation of the approval; and
b. Of the applicant's right to appeal the revocation to the Development Appeals Board within
30 days of receiving the notice.
.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 days of the date of that
decision.
.10 The Development Officer shall maintain a record of all minor variance applications.
3.16 NON- CONFORMING BUILDING USES AND SITES
.1 Any use of land or any building or structure lawfully existing at the time of passing this Bylaw
that is rendered non-conforming by the enactment of this Bylaw or any subsequent
amendments, may be continued, transferred, or sold in accordance with provisions of Section
88 to 93 inclusive, of The Planning and Development Act, 2007.
.2 No enlargement, additions, or reconstruction of a non-conforming use, building or structure
shall be undertaken, except in conformance with these provisions.
.3 No existing use, building or structure shall be deemed to be nonconforming by reason only of
the conversion of this Bylaw from the Metric System of Measurement to the Imperial System of
Measurement where such non-conformity is resultant solely from such change and is reasonably
equivalent to the metric standard herein established.
.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 by
this Bylaw, the use may be continued and the building may be enlarged, reconstructed, repaired
or renovated pursuant to the rights granted by Section 91 to 93 of The Planning and
Development Act, 2007. These rights are subject to the following:
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Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
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. 17 DEVELOPMENT PERMIT - INVALID
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; or
b. If the development is legally suspended, or discontinued, for a period of six or more months,
unless otherwise indicated by Council or the Development Officer.
3.18 CANCELLATION
Council or the Development Officer may cancel a Development Permit, and when cancelled,
development shall cease:
a. Where the Development Officer or Council is satisfied that a development permit was
issued based on false or mistaken information;
b. Where new information is identified pertaining to environmental protection, flood
potential, or slope instability; and/or
c. When a developer requests a development permit modification.
3.19 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 an Interest
Registered with ISC under this Bylaw.
3.20 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.
3.21 REGISTERING INTERESTS
,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.
.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.
3.22 MOVING 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.
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Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
3.23 TEMPORARY DEVELOPMENT AGREEMENTS
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, but only for so long as such use, building, or structure
is necessary for such construction work as has not been finished or abandoned.
3.24 DEVELOPMENT LEVY AGREEMENTS
. 1 Council may pass a development levy bylaw pursuant to Section 169 to 170 of The Planning and
Development Act, 2007, to establish development levies to recover the capital costs of services
and facilities.
.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.
3. 25 SERVICING AGREEMENTS
.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.
.2 In accordance with Sections 172 to 176 inclusive. The Planning and Development Act, 2007, the
agreement may provide for:
a. The undertaking and installation of storm sewers, sanitary sewers, drains, water mains and
laterals, hydrants, sidewalks, boulevards, curbs, gutters, street lights, graded, graveled or
paved streets and lanes, connections to existing services, area grading and leveling of land,
street name plates, connecting and boundary streets, landscaping of parks and boulevards,
public recreation facilities, or other works that Council may require, including both on-site
and off-site servicing;
b. The payment of fees that the Council may establish as payment 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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Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
4.
GENERAL REGULATIONS
The following regulations shall apply to all Zoning Districts in the Bylaw.
4. 1
LICENSE, PERMITS, AND COMPLIANCE WITH OTHER BYLAWS AND LEGISLATION
.1 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.
.2 Nothing in this Bylaw shall exempt any person from complying with the requirements of a
building regulation Bylaw or any other Bylaw in force within the Town of Asquith or law within
the Province of Saskatchewan or Canada; or from obtaining any license, permission, permit,
authority, or approval required by this or any other Bylaw of the Town of Asquith or any law of
the Province of Saskatchewan or Canada.
.3 Where requirements in this Bylaw conflict with those of any other municipal, provincial, or
federal requirements, the provincial or federal requirements shall prevail.
4.2
PRINCIPAL USE ESTABLISHED
In any Zoning District in this Bylaw, the principal use of the land must be established prior to any
accessory buildings, structures, or uses being permitted.
4. 3
MULTIPLE USES
Notwithstanding anything contained in this Bylaw, where any land, building, or structure is used for
more than one purpose, alt provisions of this Bylaw relating to each use shall be complied with, but no
dwelling shall be located within 3.0 meters of any other building on the site except to a building
accessory to such dwelling.
4.4
USES PERMIT IN ALL ZONING DISTRICTS
.1 Nothing in this Bylaw shall prevent the use of any land as a public street or public park.
.2 Nothing in this Bylaw shall prevent the erection of any properly authorized traffic sign or signal,
or any sign of notice of any local or other government department or authority.
.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
.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, and approved dwelling groups, shopping centres. mobile homes in mobile home courts
and condominium developments.
.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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Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
4.6
ACCESSORY BUILDINGS, USES AND STRUCTURES
. 1 Subject to all other requirements of this Bylaw, an accessory building, use or structure is
permitted in any district when accessory to an established principal use which is permitted or
discretionary use in that same district, and for which a development permit has been issued.
.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.
. 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 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 affront yard required by this Bylaw, where a site is situated
between two sites each of which contains a principal building which projects beyond the standard
required front yard depth, the front yard required on said site may be reduced to an average of the two
established front yards on the adjacent sites: but not be less than 4.5 meters (14.8 feet) in a Residential
district unless otherwise permitted in this Bylaw.
4, 8
FRONTAGE FOR IRREGULAR LOTS
Where the site frontage is along a cul-de-sac, curve or is irregular, the minimum site frontage shall be
11.0 meters (36 feet) 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
.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 meters (6 ft.) into any required front or rear yard.
b. Window sills, roof overhangs, eaves, gutters, bay windows, chimneys, and similar alterations
may project a distance of 0.6 meters (2 ft.) into any required yard.
4. 10 GRADING AND LEVELING OF SITES
.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 topsail 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.
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Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
4. 11 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. 12 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 Heritage Programs of the Province of Saskatchewan.
4. 13 SlGNAGE OF 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. 14 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 may be
required to separate uses from adjacent properties, in which the approving authority wilt determine the
size and width of the buffer.
4. 15 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 Jane is the boundary
between two or more different Zoning Districts, the new district boundaries shall be the former centre
line of the closed street or lane.
4. 16 SATELLITE DISHES
.1 Satellite dishes in excess of 1.0 meter (3.3 feet) in diameter shall not be located in any front
yard, side yard, or and shall not be permitted to be erected on the roof of any principal building
that is located within a Residential District that is less than three (3) stories in height.
.2 Satellite dishes located in Residential Districts, which exceed 1.0 meter (3.3 feet) in diameter
shall only be erected on the roof of an accessory building if said accessory building is located
entirely within a rear yard; and
.3 Satellite dishes may be erected in Commercial or Industrial Districts for communications
purposes or re-broadcasting of television signals and subsection 4. 16. 1 shall not apply.
4.17 PRIVATE GARAGES, SUNROOMS, SOLARIUMS, AND GREENHOUSES
Private garages, carports, sunrooms, solariums, and greenhouses attached to main buildings by a
substantial roof structure shall be considered as part of the main building and shall be subject to the
regulations for the main building.
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Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
4.18 TRAILERS, BOX CARS, SEA AND RAIL CONTAINERS
.1 Shipping containers shall be prohibited as an accessory building or structure in ati Districts with
exception of Industrial Districts.
.2 Notwithstanding section 4.18.1, shipping containers may be temporarily placed on a site in any
District:
a. During construction on a site when the shipping container is utilized solely for the storage of
supplies and equipment that are used for the site, provided that a valid building permit has
been issued for construction on the site. The shipping container must be removed from the
site upon completion of the construction or within six months, whichever comes first.
b. A permitting fee of $250.00 must be paid before a shipping container is allowed on a
construction site.
c. When placed on a site, the shipping container shall:
i. Not be placed on a public right-of-way or dedicated lands;
ii. Be located a minimum of 1.2 meters from any property line;
iii. Be located so as not a create a safety hazard (i.e. traffic site lines); and
iv. Be located so it is readily accessible at alt times to be removed.
d. Only one shipping container will be allowed on a construction site.
4. 19 SWIMMING POOLS
. 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; and
b. The maximum height of such pool is 1. 2 meters (3. 9 ft.) above the average finished grade
level of the ground adjoining the pool and to within 4.5 meters (15 ft. ) of such pool; and
c. Every swimming pool shall be enclosed by a non-ctimbable fence of at least 1.8 meters (6 ft.)
in height and not more than 10 cm from the ground, and located at a distance of not less
than 1.5 meters (4.9 ft.) from the pool; and
d. Any deck attached to or abutting a swimming pool shall be considered as part of the
swimming pool.
.2 Any building or structure, other than a dwelling, required for changing clothing or for pumping
or filtering facilities, or other similar accessor/ uses, complies with the provisions in the
applicable Zoning Districts in Section 5 of this Bylaw, respecting accessory buildings.
4.20 DISPOSAL OF WASTES
.1 Subject to all Acts and Regulations pertaining in any way to the storage, handling, and disposal
of any waste material or used item, and except as permitted by these Acts and Regulations, no
liquid, solid, or gaseous wastes shall be allowed to be discharged into any steam, creek, river,
lake, pond, slough, intermittent drainage channel or other body of water, onto or beneath the
surface of any land, or into the air.
.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. Disposal of liquid, solid, or gaseous waste shall be governed by Acts
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4.21
.1
Town ofAsquith Zoning Bylaw (Bylaw No. G-2015)
administered by Saskatchewan Agriculture, Saskatchewan Environment, Saskatchewan Health
and the Saskatchewan Water Security Agency.
FENCE AND HEDGE HEIGHTS
Fences and hedges within the Town boundaries shall refer to Bylaw No. 7-2015, a Bylaw
Respecting Fences, as amended from time to time.
4.22 SOLID AND WASTE DISPOSAL FACILITIES
Municipal and commercial solid or liquid waste disposal facilities are subject to the following conditions:
a. The facility will be located as near as practical to the source of waste;
b. The facility will have undergone satisfactory review as required by Provincial Authorities for
environmental assessment and operational design;
c. The facilities will be located at least 300 meters (984 ft.) for liquid waste, and 457 meters
(1,500 ft.) 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.
4. 2 3 DEVELOPMENT ALONG ACTIVE RAILWAYS
.1 Setbacks from active railways, for buildings or structures, shall be 30.0 meters (98 feet) except
for where provisions have been made in consuftation with the operator of the railway, a lesser
separation may be considered.
.2 Setback distances will be measured from the mutual property line to the principal building face
4.24 DEVELOPMENT ON HAZARD LANDS
.1 Prior to a proposed development or subdivision that is to be located on what Council considers
may be a hazard land, the applicant shall submit a report prepared by a qualified professional
that shall assess the hazard land, the suitability of the land for the proposed development or
subdivision, and identify any required mitigation measures.
.2 Actions identified in a report pursuant to Section 4.24. 1 for prevention, change, mitigation, or
remedy may be incorporated as conditions to issuance of any development permit that may be
issued. Council shall refuse a permit for any development, for which, in Council's opinions, the
proposed actions are inadequate to address the conditions present on the hazard land or will
result in excessive municipal costs.
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Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
5.
DISCRETIONARY USE STANDARDS FOR DEVELOPMENT
5.1
TERMS AND CONDITIONS FOR DISCRETIONARY 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 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;
.
Landscaping, screening and fencing to buffer adjacent properties;
.
The size, shape/ and arrangement of buildings, and the arrangement of buildings/ and the
placement and arrangement of lighting and signs;
.
Prescribed specified time limits for a use that is intended to be temporary or to allow Council to
monitor the impact of a use on surrounding development; and
.
Intensity of use.
5.2
HOME OCCUPATIONS
Home Occupations (Home Based Businesses) are subject to the following conditions:
.
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 neighborhood.
.
One home occupation shall be allowed per dwelling unit. Home occupations shall be conducted
entirely within the dwelling or accessory building.
.
One advertising display sign shall be allowed, at a maximum size of 1 m , on the site or premise
from which the home occupation is conducted. No LED or neon signs shall be allowed.
.
There shall be no exterior display or storage of any merchandise or material relating to the
home occupation.
.
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.
.
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.
.
Parking: The home occupation shall not cause or add to on-street parking congestion or cause
an increase in traffic through residential zones.
o
No more than one business vehicle, for which off-street parking is provided, shall be
operated in connection with the home occupation.
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Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
o
Parking of vehicles of employees hired for off-site jobs shall not be allowed at or in the
vicinity of the dwelling unit.
.
All Business Licenses issued for home occupations shall expire on December 31 of the year
issued. Home occupations are subject to the condition that the permit may be revoked at any
time if, in the opinion of Council, the use is or has become detrimental to the amenities of
adjoining properties and the neighborhood.
5. 3
SECONDARY SUITES
.
Secondary suites may be constructed within a principal, single detached dwelling in a residential
zone. Only one secondary suite is permitted on each residential site.
.
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.
.
Secondary suites may not exceed 60 m2 or 35% of the total floor space, including basements,
and may not have more than two bedrooms.
5.4
MODULAR HOMES
.
All modular homes shall be placed on a permanent concrete foundation at a standard
comparable to a single detached dwelling.
o
All modular homes shall be multi-modular, with the width approximately equivalent to the
length;
o
All modular homes shall complement adjacent and nearby dwellings;
.
Modular homes shall be permanently connected to water and sewer services provided by the
Municipality and permanently connected as available to other public utilities.
.
All other requirements of this Bylaw apply.
5.5
BED AND BREAKFAST HOMES
Bed and Breakfast Homes are subject to the following conditions:
.
Bed and breakfast homes shall be located in a single detached dwelling used as the operator's
principal residence.
.
No more than three (3) guest rooms shall be allowed in a bed and breakfast home.
.
Only one sign, not exceeding 1.0 m2 (10. 76 ft2) advertising the vacation farm or bed and
breakfast home and located on site, is permitted.
.
The only meal to be provided to registered guests shall be breakfast. No food preparation or
cooking for guests shall be conducted within any bedroom made available for rent. All facilities
shall meet public health regulations and be kept in a manner satisfactory to the District Health
Region.
.
The operation of the bed and breakfast home shall be subordinate and incidental to the
principal use of a single detached dwelling as an owner occupied residence. No one other than
Page | 38
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
the occupant and his/her immediate family members may be involved or employed in the
operation of the bed and breakfast home.
5.6
DAY CARE CENTRES AND PRE-SCHOOLS
Day-care Centres and Pre-schools are subject to the following conditions:
.
Day care centres and pre-schools may be approved as an accessory use or as a principal use in
their respective zoning district.
.
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,
.
Outdoor play areas shall comply with the Child Care Act, 2000.
5.7
ADULT DAY CARES
.
Adult day care facilities may be approved as an accessory use or as a principal use.
.
In any residential district, no exterior afterations shall be undertaken to a dwelling or former
dwelling which would be inconsistent with the residential character of the building or property.
.
Required parking spaces shall not be located in a required front yard.
5.8
RESIDENTIAL CARE HOMES
Residential Care Homes are subject to the following conditions:
.
Residential care homes may be approved as an accessory use or as a principal use in their
respective zoning districts.
.
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.
.
No building or structure used for the purpose of a residential care home shall be used for the
purpose of keeping boarders or lodgers.
.
The development will be entirely consistent with the residential development on adjacent
parcels.
5.9
CAMPGROUNDS
Campgrounds are subject to the following conditions:
.
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.
.
A campground shall have within its boundaries, a buffer area abutting the boundary of not less
than 4.5 meters which shall contain no buildings.
.
The operator of a campground shall designate a campsite for each trailer coach or tent party,
which shall be less than 150 m2 (1, 614 ft ) in area with its corners clearly marked.
Page | 39
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
.
One permanent sign, located on site, is permitted;
o
The facial area of a sign shall not exceed 0. 5 m2 (5.4 ft );
o
No sign shall be located in any manner that may obstruct or jeopardize the safety of the
public;
o
Temporary signs not exceeding 1.0 m2 (10 ft ) advertising the sale or lease of the property or
other information relating to a temporary condition affecting the property are permitted.
.
No portion of any campsite shall be located within a roadway or required buffer area.
.
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 meters (25 ft.) in width. No portion of any campsite, other use or structure shall
be located in any roadway.
.
Each trailer coach shall be located at least 3.0 meters (10 ft.) from any other trailer coach, and
each campsite shall have dimensions sufficient to allow such location of trailer coaches.
.
A campground may include as ancillary uses a laundromat or a confectionery designed to meet
the needs of the occupants of the campsites, and one single detached dwelling for the
accommodation of the operator.
.
The Public Health Act shall be complied with in respect to all operations and development of the
campground.
5. 10 WIND FACILITIES
Wind energy facilities are subject to the following conditions:
.
All buildings and structures shall be set back at least 90.0 meters (295 ft.) from an intersection of
any Municipal road allowance, or Provincial highway or such greater distance as required by the
Department of Highways.
.
The setback related to Municipal road allowances and the wind energy generator (turbine) shall
be no less than the length of the blade plus 10.0 meters (33 ft. ).
.
The minimum site size for the allowance of any Wind Energy Facility shall be 2.0 hectares (4.9
acres).
.
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 10.0 meters (33 ft.), or a minimum of
38.0 meters (125 ft.), unless otherwise agreed to by the landowner, developer and the
Municipality.
.
The separation distance from a wind energy generator (turbine) to a Residential Acreage or
Residential subdivision shall be a minimum distance of 550 meters (1805 ft.).
.
The maximum total tower height shall be:
o
6.0 meters (20 ft.) above grade level in a Residential Acreage or Industrial Zoning District
and the maximum noise standard shall not exceed 40 decibels.
o
45.0 meters (148 ft.) above grade level in the Community Service or Future Urban
Developmental Zoning District.
.
Approaches for access roads to the wind energy facilities must be perpendicular to established
road allowances.
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Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
.
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.
.
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 and adhere to the Rural Municipality road crossing policy.
.
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.
.
The wind energy generator (turbine) shall have no restrictions on colour or height.
.
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 1.85 meters (6 ft.) and the design shall be
included in the Development Permit application.
.
Development and Building Permit applications for a Wind Energy Facilities shall include either a
manufacturer's engineering certificate of structural safety or certification of structural safety via
a Saskatchewan Professional Engineer.
.
Sites having potentially dangerous or hazardous developments shall have visible signs stating
any potential dangers. No hazardous waste shall be stored on the site
.
Council, at its discretion, may seek approval of this development from both internal and external
referral agencies.
5.11 ABOVE GROUND FUEL STORAGE TANKS
.
Above-ground fuel storage tanks which meetthestandardsof 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.
.
The total storage capacity for above-ground fuel storage tanks on any single service station or
gas bar site shall not exceed:
o
150,000 liters for flammable liquids (gasoline);
o
100,000 liters for combustible liquids (diesel fuel); and
o
100,000 liters of propane.
.
Above-ground fuel storage tanks shall be:
o
for uses other than service stations and gas bars, located at least 3.0 meters (10 ft.) from
any property line or building, the 3.0 meter separation distance may be reduced to 1.0
meter (3.3 ft.) for tanks with a capacity of 5,000 liters or less;
o
for service stations and gas bars, located at least 6.0 meters (20 ft. )from any property line
or building;
o
separated from each other and be accessible for firefighting purposes to the satisfaction of
the Development Officer; and
o
at least 15 meters (49 ft.) from the boundary of any site within a Residential district.
.
For uses other than service stations and gas bars, the dispensing equipment associated with
above-ground fuel storage tanks shall be located at least 3.0 meters (10 ft.) from any property
Page | 41
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
line, at least 7.5 meters from any open flame or other ignition source, and at least 4. 5 meters
(15 ft. ) from any door or window.
For service stations and gas bars, the dispensing equipment associated with above-ground fuel
storage tanks shall be located at least 6.0 meters (20 ft.) from any property line, at least 7.5
meters (25 ft.) from any open flame or other ignition source, and at least 4.5 meters (15 ft.)
from any door or window.
Above-ground fuel storage tanks shall be protected from vehicles with suitable posts, guardrails
or other simitar means.
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.
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.
Painted lettering or other forms ofsignage may be located on above-ground fuel storage tanks
subject to the sign regulations in the zoning district.
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Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
6.
ZONING DISTRICTS AND ZONING MAPS
6. 1
ZONING DISTRICTS
For the purpose of this Bylaw, the Town of Asquith 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.
Rl
Residential Low Density
R2
Residential Medium Density
RMH Residential Mobile Home
Cl
Town Centre Commercial
C2
Highway Commercial
IND Industrial
CS
Community Service
FUD Future Urban Development
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. 6-2015
adopted by the Town of Asquith, signed by the Mayor and by the Town Administrator under the seat of
the Town, shall be known as the "Zoning District Map", and such map is hereby declared to be an
integral part of this Bylaw.
6.3
BOUNDARIES OF ZONING DISTRICTS
.1 The boundaries of the Districts referred to in this Bylaw, together with an explanatory legend,
notations and reference to this Bylaw, are shown on the map entitled, "Zoning District Map."
.2 Unless otherwise shown, the boundaries of Zoning Districts are site lines, centre tines of streets,
lanes, road allowances, or such lines extended and the boundaries of the Municipality.
.3 Where a boundary of a District crosses a parcel, the boundaries of the Districts shall be
determined by the use of the scale shown on the map.
.4 Where the boundary of a District is also a parcel boundary and the parcel boundary moves by
the process of subdivision, the District boundary shall move with that parcel boundary, unless
the boundary is otherwise located by amendment to the Bylaw.
6.4
HOLDING DESIGNATION
.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.
.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.
Page | 43
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
7.
RESIDENTIAL - Low DENSITY DISTRICT - Rl
Rl
The purpose of the Residential - Low Density District (Rl) is to accommodate primarily
single-family detached residential dwelling as well as multi-unit dwellings.
No person shall within any Rl - 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 single detached dwelling, which includes an RTM;
b. Uses, buildings and structures accessory to the foregoing permitted uses and located on the
same site with the main use;
c. Public Playgrounds and Swimming Pools;
d. 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 Rl - Residential - Low Density District only by resolution
of Council and only in locations specified by Council. Discretionary use requirements are provided in
Section 5:
a. Modular homes (refer to section 5.4);
b. Secondary suites (refer to section 5.3);
c. Home occupations, home-based businesses (refer to section 5.2);
d. Semi-detached, duplex dwelling, Fourplex or townhouses and other multi-unit dwellings;
e. Child daycare (refer to section 5.6);
f. Adult daycare (refer to section 5.7).
7. 3
SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum ate requirements
Permitted Uses:
inimums e are
inimum floor area
[^
Mjnimum site fronia e
aximum Heig^
aximum site cover e
Minimum front varcf
rear yard
Minimum sid yar-1
Single Detached, RTM and
Modular Homes
450 m2 (4850 ft2}
92. 3m2 (1,000 ft2)
15.0 meters (49 ft.)
9.0 meters (29 ft.) for Principal
Buildings
40% and 50% on a corner site
6.7 meters (22 ft.)
4.5 meters (15 ft.)
1.5 meters (5 ft.), unless on a
corner site the side yard shall be
2.5 meters (8.2 ft.)
Public Playgrounds and Swimming
Pools
No minimum
No minimum
No minimum
No maximum
No minimum
6.7 meters (22 ft.)
3.0 meters (10 ft.)
3.0 meters (10 feet)
Page | 44
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
Discretionary Uses:
inimum site area
Minimum floor area
Minimum site frontage
aximum si e ove
Semi-detached, Duplex and Multi-
Unit Dwellings (per dwelling unit)
255 m2 (2745 ft2)
55 m2 (592 ft2) per dwelling unit
7.5 meters (25 ft.)
9.0 meters for Principal Buildings
40% and 50% on a corner site
6.7 meters (22 ft.)
4.5 meters (15 ft.)
1.5 meter (5 ft.), unless on a comer
site the side yard shall be 2.5
meters (8. 2 ft.)
All Other Uses
450 m2 (4850 ft2)
92. 3m2 (1,000 ft2)
15.0 meters (49 ft.)
9.0 meters (29 ft.) for Principal
Buildings
40% and 50% on a corner site
6.7 meters (22 ft.)
4.5 meters (15 ft.)
1.5 meters (5 ft.), unless on a corner
site the side yard shall be 2.5 meters
7.4
ACCESSORY BUILDING
ir m
tbacks
A minimum 7.5 meters (25 ft.) from the front site line, and 1.5 meters (5 ft.)
from the side site line unless the side site line is an abutting street then the
side yard shall be 3.6 meters (12 ft.).
Alt accessory buildings shall not exceed the floor area of the principal
building.
Accessory buildings shall not exceed 4.0 meters (13 ft.) in height from grade
level to the underside of the eaves, and shall not be higher than the
principal building.
All accessory buildings shall be located a minimum of 0.8 meters (2.6 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 1.5 meters
(4.9 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.
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 meters (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 yard or rear yard, provided there is
sufficient available space to comply with all other requirements in this Section.
Page | 45
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
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.
f. Temporary, fabric covered structures consisting of wood, metal or plastic framing covered
on the roof and one or more sides with fabric, plastic, vinyl or other sheet material shall be
permitted in a rear or side yard.
7.5
SlGNAGE
a.
One permanent sign is permitted per site. The facial area of a sign shall not exceed 0. 4 m2
(4.3 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;
d.
Temporary signs not exceeding 1. 0 m2 (10.7 ft ) advertising the sale or lease of the property
or other information relating to a temporary condition affecting the property are permitted.
7. 6
PARKING
Off-street parking requirements shall be provided in accordance with the following:
na
Horn
s an
Swimming Pools
Oav care centres anti
r»tll
ai/ mr
2 spaces per dwelling
2 spaces per dwelling
No requirements
No requirements
1 space plus 1 additional space for every 10 persons enrolled in the facility.
1 space plus 1 space per 5 persons enrolled in the facility.
7.7
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.
Page | 46
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
d. Council may require special standards for the location setback or screening of any area
devoted to the outdoor storage of vehicles in operating equipment and machinery normally
used for the maintenance of the residential property, vehicles or vehicular parts,
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.
7.8
STANDARDS FOR DISCRETIONARY USES
a. All discretionary uses shall follow the general discretionary use evaluation criteria as
outlined in Section 3.9 and others that may be specified.
b. Alt discretionary uses shall maintain the residential character of the area as much as
possible.
c. Off-street parking spaces for adult day care, day care centres, pre-school nurseries,
residential care facilities shall be located in a side or rear yard and be screened if they are
adjacent to a site used for residential purposes.
d. Semi-detached, duplex dwelling, Fourplex, or townhouses and other multi-unit dwellings:
i. Council shall give consideration to the locations on major streets and that the
development will not cause excessive traffic through existing low density residential
area.
Page | 47
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
8.
RESIDENTIAL - MEDIUM DENSITY DISTRICT - R2
R2
The purpose of the Residential - Medium Density District (R2) is to accommodate
a variety of high density residential development including semi-detached residences, townhouses and
multi-unit dwellings.
No person shall within any R2 - Residential Medium Density 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. One single-detached dwelling, including a RTM;
b. Semi-detached, duplex, Fourplex, or townhouses and other multiple unit dwellings;
c. Uses, buildings and structures accessory to the foregoing permitted and located on the
same site with the main use;
d. Playgrounds and swimming pools;
e. Public works, buildings and structures, excluding offices, shops, warehouses, storage yards
and waste management or sewage facilities.
8.2
DISCRETIONARY USES
The following uses may be permitted in the R2 - Residential Medium Density District but only by
resolution of Council and only in locations specified in such resolution of Council. Discretionary use
requirements can be found in Section 5.
a. Modular homes (refer to section 5.4);
b. One secondary suites in single-detached dwellings (refer to section 5.3);
c. Home occupations, home-based businesses (refer to section 5.2);
d. Child daycare (refer to section 5. 6);
e. Adult daycare (refer to section 5.7);
f. Bed and Breakfast homes (refer to section 5.5);
g. Residential care home (refer to section 5.8).
8. 3
SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements
Permitted Uses:
Minimum
e&
floor are
iVIinimum site front
Single Detached, RTM
and Modular Homes
360 m2 (3, 875 ft2)
with a lane, 450 m
(4, 845 ft2) without a
lane
92. 3m2 (1, 000 ft2}
12 meters (39 ft.) with
a lane, 15 meters (49
ft.) without a lane
Semi-detached and
duplex (per dwelling
unit)
255 m2 (2745 ft2)
55 m2 (592 ft2) per
dwelling unit
7.5 meters (25 ft.)
Townhouse, Fourplex
and other Multiple Unit
Dwellings
603m2 (6,490 ft2) plus
93m2 (1000 ft2) for each
dwelling unit in excess
of three un its
46 m2 (500 ft2) per
bedroom unit
15 meters (49 ft.)
Page | 48
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
Maximum Heig t
9.0 meters (30 ft.) for
9.0 meters for Principal 9.0 meters (29 ft.) (2 %
Minimum fron yaro
inimum rear vara
Principal Buildings
40% and 50% on a
corner site
6.7 meters (22 ft.)
4.5 meters (15 ft.)
1.5 meter (5 ft. ),
unless on a corner site
on a corner site the
the side yard shall be
side yard shall be 2.5
Buildings
40% and 50% on a
corner site
6.7 meters (22 ft.)
4.5 meters (15 ft.)
Stories)
40% and 50% on a
corner site
6.7 meters (22 ft.)
4.5 meters (15 ft.)
2.5 meters (8.2 ft.)
Playgrounds and Swimming Pools
1.5 meter (S ft.), unless
3.5 meters (11.5 ft.) or
50% of the average wall
height, whichever is
meters (8.2 ft.)
greater
^
Minimum site area
inimum
oor area
inimum si e
Maximum si
covera
^
Minimum frc
rear
arcf
side vard
Discretionary Uses:
Mmimum si e area
Heigh
Max mum si e coverd
inimum ron var
Minimum si
No minimum
No minimum
No minimum
No maximum
6.7 meters (22 ft.)
3.0 meters (10 ft.)
3.0 meters (10 ft.)
360 m2 (3, 875 ft2) with a lane, 450 m2 (4, 845 ft2) without a lane
92. 3m2 (1, 000 ft2}
12 meters (39 ft.) with a lane, 15 meters (49 ft.) without a lane
9.0 meters (30 ft.) for Principal Buildings
40% and 50% on a corner site
6.7 meters (22 ft.)
4.5 meters (15 ft.)
1.5 meter (5 feet), unless on a corner site the side yard shall be 2.5 meters
8.4
ACCESSORY BUILDINGS AND STRUCTURES
Yardsetb cks
Maximum floor area
heigh
A minimum of 7.5 meters (25 ft.) from the front site line, 1.2 meters (4 ft.)
from the principal building, and 1.5 meters (4.9 ft.) from the side site line
unless the side site line is an abutting street then the side yard shall be 3.6
meters (12 ft.).
All accessory buildings shall not exceed 60m2 (646 ft2) in area.
Page I 49
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
ximum heig
Accessory buildings shall not exceed 4.0 meters (13 ft.) in height from grade
level to the underside of the eaves, and shall not be higher than the
principal building.
ini
rear
All accessory buildings shall be located a minimum of 0.8 meters (2.6 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 2.0 meters
(6.6 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.
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 meters (1 ft.) from the side lot tine and
the roof does not project past the side lot line.
c. One detached private garage is permitted in any side yard 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.
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.
f. Temporary, fabric covered structures consisting of wood, metal or plastic framing covered
on the roof and one or more sides with fabric, plastic, vinyl or other sheet material shall be
permitted to locate in a side or rear yard.
8.5
SlGNAGE
Off-street parking requirements shall be provided in accordance with the following:
Single detached, TM and
'Wodu ar Home
Semi-d tached D
nit Owe
Public
Playgrounds a
Pool
Townnouse fourptex a
other Multiple Unit Dw in
Bed and Breakfast Homes
Residential Care Homes
2 spaces per dwelling
2 spaces per dwelling
No requirement
No requirement
1.5 spaces per dwelling
1 space plus 1 space for each guest room
1 space plus 1 space for each non-resident staff member
Page | 50
Day
sch
centres and ire
Adutt D
Care
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
1 space plus 1 additional space for every 10 persons enrolled in the
facility
1 space plus 1 space per 5 persons enrolled in the facility
8. 6
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 equipment and machinery normally
used for the maintenance of the residential property, vehicles or vehicular parts.
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.
8.7
STANDARDS FOR DISCRETIONARY USES
a. All discretionary uses shall following the general discretionary use evaluation criteria as
outlined in Section 3.9 and others that may be specified.
b. Dwelling groups:
i.
The minimum side yard of 3.5 meters (11. 5 ft. ) or half the building height shall be
measured from the closest main wall of the principal building closest to the side site
line.
ii. All principal buildings forming part of the group shall be located at least 3.5 meters (11.5
ft.) from any other principal building in the group.
iii.
The site area shall provide at least 370 m2 (3, 983 ft.) for each dwelling unit in the group
located at grade level plus 65 m (700 ft ) for any dwelling unit located above the main
floor.
iv. Council may apply special development standards regarding yard requirements to
reduce conflict with neighbouring uses.
c. Off-street parking spaces for adult day care, day care centres, pre-school nurseries,
residential care facilities shall be located in a side or rear yard and be screened if they are
adjacent to a site used for residential purposes.
Page | 51
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
9.
RESIDENTIAL MOBILE HOME DISTRICT - RMH
RMH
The purpose of the Residential Mobile Home District shall be to accommodate mobile home
park development in a concentrated manner.
No person shall within any RMH - Residential Mobile Home District use any land, or erect, alter or use
any building or structure except in accordance with the follownng provisions:
9.1
PERMITTED USES
a. Mobile Home Parks
b. One mobile home (not older than 15 years) compliant with the CSA Z240 standards,
following the placement thereof on a permanent foundation;
c. Uses, buildings and structures accessory to the foregoing permitted uses and located on the
same site with the main use;
d. Playgrounds and swimming pools;
e. Public works, buildings and structures excluding offices, warehouses, storage yards and
waste management or sewage facilities.
9.2
DISCRETIONARY USES
The following uses may be permitted in the RMH - Residential Mobile Home District but only by
resolution of Council and only in locations specified in such resolution of Council. Discretionary Use
Requirements are provided in Section 5.
a. Home occupations, home-based businesses(refer to section 5.2);
b. Laundromat.
9.3
SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements
Permitted Uses:
Mobile Home Paries
2 hectares (4.9 acres)
Minimum floor area
Minimum site fron age
15 meters (49 ft.)
front yard
Rflintmum rear yard
Minimum side yard
40% including 10% of the area shall
be designated communal open
space and the Road allowance shall
be 15.0 meters (49 ft.) in width.
4.5 meters (15 ft.)
4.5 meters (15 ft.)
1.5 meters (5 ft.)
Mobile Home Sites
350 m2 (3, 767 ft2) with a lane, 450
m2 (4,845 ft2) without a lane
45 m2 (484 ft2)
12 meters (39 ft.)
40%
4.5 meters (15 ft.)
4.5 meters (15 ft.)
1.5 meters (5 ft.)
Page | 52
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
Discretionary Uses:
Minimum site area
inimum
oor area
Minimum site frontage
235m2 (2, 530 ft2)
45m2 (484 ft2}
12 meters (39 ft.) with a lane, 15 meters (49 ft.) without a lane
aximum si e coverage
50%
4.5 meters (15 ft.)
4.5 meters (15 ft.)
1.5 meters (5 ft.)
Minimum front yard
Minimum rear yard
Min urn side yard
9.4
DEVELOPMENT STANDARDS FOR MOBILE HOMES
a. All mobile homes must meet the standards set out in CSA Z240 Procedure for Certification
of Factory Built Houses, and amendments thereto. Alt mobile homes must bear a label of a
credible certification agency indicating that compliance with the National Building Codes has
been certified using the CSA Z240 procedure.
b. All attached and accessory structures shall require a building permit and shall comply with
the requirements of the National Building Code of Canada and the Building Bylaw of the
Town ofAsquith.
c. All attached or accessory structures such as porches, sun room additions, skirting and
storage facilities must be factory prefabricated units, or of an equivalent quality, and shall
be painted or prefinished so the design and construction will complement the main
structure.
d. In order to protect the residential character of the community, wheels, hitches, and running
gear must be removed within thirty (30) days of arrival, and 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.
e. All mobile homes shall be connected to water and sewer services provided by the
Municipality and connected as available to other public utilities.
9.5
ACCESSORY USES, BUILDINGS, AND STRUCTURES
Accessory buildings shall comply with the yard requirements for a principal
building. Any building located less than 1.0 meter (3.2 ft.) from a principal
building shall comply with all the minimum yard requirements of the
principal building. An accessory building shall not be located in a required
front yard.
An accessory building shall not be within 4.6 meters (15 ft.) from any
principal building.
All accessory buildings shall not exceed the maximum floor area of principal
buildings.
Accessory buildings shall not exceed 4.0 meters (13 ft.) in height from grade
level to the underside of the eaves, and shall not be higher than the
principal building.
Maximum floor area
and height
Maximum height
Page I 53
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
Minimum re?r ard
All accessory buildings shall be located a minimum of 0.8 meters (2.6 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 1.5 meters
(5 ft.) from the site tine abutting the lane.
a.
Private garages and accessory buildings if less than 10m2 (107 ft2), shall have a minimum
side or rear yard of 0.75 meters (2.5ft. ) and a maximum projection of 0.5 meters into the
required yard for any eaves, gutters, or drain spouts.
b. Uncovered outdoor swimming pools and other yard recreation equipment shall have a
minimum side or rear yard of 0.75 meter (2.5 ft.). In rear yards, laundry drying equipment
and garbage stands are permitted.
c. 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.
d. Temporary, fabric covered structures consisting of wood, metal or plastic framing covered
on the roof and one or more sides shall be permitted in a rear or side yard.
9. 6
SlGNAGE
a. One permanent sign is permitted per site. The facial area of a sign shall not exceed 0.4 m2
(4.3ft2).
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;
d. Temporary signs not exceeding 1.0 m2 (10.7 ft ) advertising the sale or lease of the property
or other information relating to a temporary condition affecting the property are permitted.
9. 7
PARKING
Off-street parking requirements shall be provided in accordance with the following:
'Vlobile Home
2 spaces per dwelling
No requirement
ufalic Works
Pa grounds an
Laundromats
No requirement
1 space per 28 m of gross floor area
9.8
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.
Page | 54
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
d. Council may require special standards for the location setback or screening of any area
devoted to the outdoor storage of vehicles in operating equipment and machinery normally
used for the maintenance of the residential property, vehicles or vehicular parts.
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.
9.9
STANDARDS FOR DISCRETIONARY USES
a. All discretionary uses shall following the general discretionary use evaluation criteria as
outlined in Section 3.9 and others that may be specified.
b. Commercial Uses:
i.
The development will have adequate access from major streets; the development will
not cause excessive traffic through existing low density residential areas.
ii.
Locations on major streets, on corner parcels, and at the periphery of the
neighbourhood are preferred.
iii.
The development will be of a size and operation intended to serve the neighbourhood in
which it is located.
iv.
The developer of the business may be required to provide a fence or other buffer to an
abutting residential use.
Page | 55
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
10.
CORE COMMERCIAL DISTRICT - Cl
The purpose of the Core Commercial District (Cl) is to continue to encourage a "downtown"
experience by providing pedestrian oriented commercial activities and service.
No person shall within any Cl - Core Commercial District, use any land, or erect, alter or use any
building or structure except in accordance with the following prowsions:
10. 1 PERMITTED USES
a. Banks, credit unions, and other financial institutions;
b. Administrative offices;
c. Barbers, hairdressers, and other similar personal services establishments;
d. Medical, dental, and other health care offices and clinics or health services;
e. Restaurants, cafes, coffee shops, and other similar fast food services; Confectionaries and
delicatessens;
f.
Storefront retail stores and outlets;
g. Storefront bakeries, butcher shops, and similar food processing with on-site retail sales;
h. Theatres, assembly halls, places of worship, service clubs;
i. Commercial and public recreational establishments such as bowling alleys, arcades and
fitness centres;
j. Licensed premises for the sate and consumption of alcoholic beverages;
k. Libraries, galleries, museums, and other similar cultural institutions;
I. Public Transportation depots;
m. Outdoor markets and concessions (permanent, seasonal, or occasional);
n. Small-scale repair trades such as tailors, jewelers, art and hand craft shops and studios,
craftspeople and similar trades, including retail sales of art and craft products;
o. Storefront Construction trades without yards;
p. Buildings, structures or uses accessory to and located on the same site as the principal
building or permitted use;
q. Public works buildings, offices and structures excluding warehouses, storage yards, and
waste management or sewage facilities.
10.2 DISCRETIONARY USES
The following may be permitted in the Cl - Core Commercial District but only by resolution of Council
and only in locations specified by such resolution of Council. Discretionary use requirements can be
found in Section 5.
a. Dwellings attached to and behind, or above, commercial establishments;
b. Lumber and building supply establishments;
c. Shops of plumbers, pipe fitters, metal workers and other industrial trades manufacturing
and sales;
d. Funeral Homes;
e. Other innovative commercial uses consistent with street level retail and services.
Page | 56
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
10.3 SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements
Permitted and Discretionary Uses:
Minimum
ite area
235 m2 (2,530 ft2)
7.5 meters (25 ft.)
75%
No requirement
No requirement except 6 meters (20 ft.) minimum rear if abutting a
ea
s
Residential District without an intervening street or lane 1.5 meter (4. 9 ft.)
minimum side yard is abutting a Residential district without an intervening
street or lane.
Principal buildings: 15 meters (49 ft.)
Accessory buildings: Shall not be higher than the principal building.
10.4 ACCESSORY BUILDINGS
a. Setbacks for accessory buildings shall meet the same requirements as the principal use or
building.
b. Temporary, fabric covered structures consisting of wood, metal or plastic framing covered
on the roof and one or more sides with fabric, plastic, vinyl or other sheet material shall be
permitted in a rear or side yard.
10.5 SlGNAGE
Signs and billboards shall be prohibited in the Cl - Core 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
pubtic;
b.
The facial area of a sign shall not exceed 4. 0 m2 (43 ft );
c.
Temporary signs not exceeding 1. 0 m2 (10. 7 ft2) advertising the sale or lease of the property,
or other information relating to a temporary condition affecting the property, are
permitted.
d. Temporary signs advertising product prices or sales, special events related to retail and
service activities, or advertising community or charity activities or events are permitted.
10.6 PARKING
Off-street parking requirements shall be provided in accordance with the following:
ommerdat Use
No requirement
Boarding House
1 parking space per room available for occupation
Page I 57
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
urn erandbuildin
su ol
i space per 50m2 (538 ft2) of gross floor or 1 space per 3 employees,
stabishments
whichever is greater
other
No requirement
10.7 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 meters (4.9 ft.) in width throughout which shall not
be used for any purpose except landscaping.
10.8 STANDARDS FOR DISCRETIONARY USES
a. All discretionary uses shall following the general discretionary use evaluation criteria as
outlined in Section 5.2 and others that may be specified.
b. Accessory dwellings attached to and behind, or above, commercial establishments:
i.
A maximum of one accessory dwelling unit attached to and behind, or above, a
commercial establishment will be allowed;
ii.
The accessory dwelling shall be located in the principal building, with the front of the
building at grade level always remaining a commercial use;
iii.
The accessory dwelling unit shall have an entrance separate from the commercial use
and provide a fire exit secondary to the required entrance
c. Dwelling Units
i.
Dwelling Units are permitted as long as the principal use is undergoing;
ii.
Dwelling units shall have a floor area smaller than or equal to the floor area in
commercial use; ,,.
^. ^2>
iii.
Minimum floor area for each dwelling unit shall be 45 m2 (484 ft^);
iv
All dwelling units shall have an entrance separate from that of the commercial
establishment;
v.
Dwelling units shall be located above or at the rear and attached to the principal
commercial use; and
vi.
Accessory residential uses shall conform to the Provincial Public Health and Fire
Regulations.
d. Lumber Yards and Wholesale Trades
i.
Development of these uses on other than the existing sites will be encouraged to locate
on vacant land with adequate space;
ii.
No outside storage is permitted for a wholesale establishment.
e. Building supply establishments, construction trades, lumber yards, light manufacturing,
and welding and machine shops:
i.
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 minimal impact
on surrounding adjacent areas. Consideration may be given, but is not limited to, the
following effects:
i) Municipal servicing capacity;
ii) Anticipated levels of noise, odour, smoke, fumes, dust, lighting, glare, vibration and
other emissions emanating from the operation;
Page | 58
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
iii) Anticipated increased levels or types of vehicle traffic, unsafe conditions or
situations for vehicles, cyclists, or pedestrians; and,
iv) Utilized of hazardous substances.
ij.
All materials and goods used in conjunction with construction trades or with lighting
manufacturing plants shall be stored within an enclosed building, or within an area
hidden from view by screening;
iii.
Warehouses and freight handling facilities shall be accessible from a major road network
to avoid heavy traffic volumes on access roads. Consideration shall be given to the
location of entry and exit points to the site and their interrelation with existing
intersections or land constraints; and
iv.
No storage is permitted for a wholesale establishment;
v.
All manufacturing and assembly operations in conjunction with a tight manufacturing
plant shall be conducted within an enclosed building
f.
Funeral Homes:
i.
A funeral home must be on a lot that abuts a major (Primary or Secondary) street, as
identified in the Official Community Plan "Primary and Secondary Street" Reference
Map.
ii.
A site with a funeral home must have a fence along the portion of the site line that
abuts a residential site.
iii.
The building shall not contain facilities for cremation.
g. Sites used for discretionary uses which may result in heavy truck traffic shall be located to
ensure that such traffic takes an access to or from major streets or designated truck routes.
h. All operations related to construction trades, artisans, and craft shop offices 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.
Page | 59
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
C2
11.
HIGHWAY COMMERCIAL DISTRICT - C2
The purpose of the Highway Commercial District (C2) is to facilitate a wide range of commercial and
related activities located along the highway.
No person shall within a C2 - Highway Commercial 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. Business and/or professional offices;
b. Motels or motor hotels, including a dwelling for caretakers, owners, or managers;
c. Restaurants, confectionaries, including drive-thru;
d. Licensed premises for the sale and consumption of alcoholic beverages;
e. Public transportation depots;
f. Commercial and public recreational establishments such as bowling alleys, arcades and
fitness centres;
g. Garden centres or commercial greenhouses;
h. Lumber and building supply establishments;
i. Service stations and other establishments for the servicing, storage and sale of motor
vehicles, trailers, recreation, or farm machinery and equipment;
j.
Tourism oriented commercial recreation activities;
k. Car wash;
I. Commercial Cardlock operations;
m. Police, Ambulance stations;
n. Accessory Uses, including integrated or complementary uses, buildings or structures
accessory to and located on the same site as the principal building or use;
o. Public works offices, buildings, structures and warehouses excluding waste management or
sewage facilities.
11.2 DISCRETIONARY USES
The following uses may be permitted in the C2 - Highway Commercial District but only by resolution of
Council and only in locations specified in such resolution of Council. Discretionary Use Requirements
are provided in Section 5.
a. Oilfield supply and services establishments (refer to Section 5.10);
b. Construction Trades and Contractors' yards;
c. Rooming House;
d. Strip Mails, Shopping Centres;
e. Motor vehicle, recreational vehicle, and/or mobile home sales storage compound;
f. Semi-Trailer and Container Parking Lot including Sea Containers.
11. 3 PROHIBITED USES
a. Aggregate materials; storage or handling operations.
b. Abattoirs.
Page | 60
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015}
11.4 SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements
Permitted Uses:
mum site area
nimum site frontage
aximum tieiphl
inimum front yard
in mum rear ya
n
e area
1 e d
Discretionary Uses:
s e-area
Minimum
fronts ?
Minimum fro»t vard
Minimum side yard
IVIinimum rear yartf
Motels
1600 m2 (17, 222 ft2)
30.0 meters (98 ft.)
15.0 meters (49 ft.)
40%
15 meters (49 ft.)
6.0 meters (19.7 ft.)
3.0 meters (10 ft.)
All other Permitted Uses
Service Stations
930 m2 (10,010 ft2)
30.0 meters (98 ft.)
15.0 meters (49 ft.)
40%
6.0 meters (20 ft.)
6.0 meters (19. 7 ft.)
3.0 meters (10 ft.)
Shopping Centre/Strip
Mali Sites
3,700 m2 (39,886 ft2)
75 meters (246 ft.)
15.0 meters (49 ft.)
75%
7.5 meters (25 ft.)
9.0 meters. (30 ft.)
3.0 meters (10 ft.)
730 m2 (7,857 ft2 ). There shall be no minimum site development
requirements for public works buildings.
20.0 meters (65 ft.)
15.0 meters (49 ft.)
6.0 meters (20 ft.)
3.0 meters (10 ft.)
6.0 meters (10 ft.)
Oilfield supply and services
establishments; Construction
Trades and Contractors' yards;
Shops of plumbers, pipe fitters,
Motor Vehicle, recreational vehicle,
metal workers and other industrial
and/or mobile home sales storage
compound; Semi-trailer and
Container Parking lot.
930 m2 (10, 100 ft2). There shall be
no minimum site development
requirements for public works
buildings.
30.0 meters (98 ft.)
6.0 meters (20 ft.)
3.0 meters (10 ft.)
6.0 meters (20 ft.)
trades manufacturing and sales;
Animal hospitals or clinics and
office of veterinary surgeons
730m2 (7,857 ft2)
20.0 meters (65 ft.)
6.0 meters (20 ft.)
3.0 meters (10 ft.)
6.0 meters (20 ft.)
Page | 61
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
11.5 ACCESSORY BUILDINGS
a. Setbacks for accessory buildings shall meet the same requirements as the principal use or
building.
b. Temporary, fabric covered structures consisting of wood, metal or plastic framing covered
on the roof and one or more sides with fabric, plastic, vinyl or other sheet material shall be
permitted in a rear or side yard.
11.6 LANDSCAPING
a. A landscaped strip of not less than 3.0 meters (10 ft. ) in width throughout lying parallel and
abutting the front site line shall be provided on every site.
b. On corner tots, in addition to the landscaping required in the front yard, the whole of any
required side yard abutting the flanking street shall be landscaped.
c. Where a site abuts any Residential or Community Service District without an intervening
land, there shall be a strip of land adjacent to the abutting site line of not less than 3.0
meters in width throughout which shall not be used for any purpose except landscaping.
11.7 PARKING REQUIREMENTS
as
1 parking space for each 50 m2 (538 ft ) of floor area
1 parking space for every 50 m2 (538 ft2) of gross floor area
aurants oiner eatinp dee
1 parking space for every 10 seats provided for patrons
1 parking space for every 10 seats provided for patrons
1 parking space for each unit
9 1 or
1 % parking spaces for each service bay
1 parking space for each 75 m2 (807 ft2) of building floor area
11.8 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 17. 0 m2. Doors located in
side yards shall not be used for delivery purposes.
Gross Floor Are
1300 m? to 2
m?
<28
mit
11.9 SIGNAGE
Minimum Number of loading Spaces
1 space
2 spaces
2 spaces +1 space for each 5600 m2
Signs and billboards shall be prohibited in the C2 Highway 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:
Page | 62
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
a. One permanent sign is permitted per site. The facial area of a sign shall not exceed 4.0 m2;
b. No sign shall be located in any manner that may jeopardize public safety;
c.
Temporary signs not exceeding 1. 0 m2 (10. 7ft ) advertising the sale or lease of the property
or other information relating to a temporary condition affecting the property are permitted.
d. Temporary signs advertising product prices or sales, special events related to retail and
service activities, or advertising community or charity activities or events are permitted
11.10 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 material.
11. 11 STANDARDS FOR DISCRETIONARY USES
a. All discretionary uses shall following the general discretionary use evaluation criteria as
outlined in Section 5.2 and others that may be specified.
b. Service Stations
i.
Where service stations occupy a corner site, only one access point shall be located on
the flankage, located a minimum of 6.0 meters from the intersection.
ii.
Fuel pumps and other accessory equipment shall be located not less than 6.0 meters (20
ft.) from any street or site line.
iii.
Service Stations shall locate underground storage tanks in accordance with The Fire
Protection Act.
iv.
Propane and natural gas pumps (retail or wholesale) shall be set back according to
Provincial regulations.
v.
Access/egress points shall not be continuous along a street and shall be at least 10.0
meters (33 ft.) apart.
vi.
Vehicles and parts storage shall not locate in any yard abutting a road and must be
screened from view by a solid fence with the location, height and materials being first
approved by the development officer.
c. Rooming House:
i.
A rooming house must be contained within a single-detached or semi-detached (both
halves must be a rooming house) dwelling.
ii.
A rooming house must contain a minimum of 4 rooms, with the possibility of a d^welling
unit;
iii.
Sanitary facilities must be provided at a rate of minimum of 1 for the first 6 rooms and 1
additional sanitary facilities for every 6 rooms, or part thereof;
iv.
The development will be entirely consistent with the residential development on
adjacent parcels.
d. Shopping Centres, Strip Malls
Page | 63
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
i.
Strip Malls, when permitted, must be primarily for pedestrian use and accessible to the
public from both the street and from the development.
ii.
Council will consider the appropriate separation to other uses that may be incompatible
with Shopping Centre/Strip Mail retail and service activities.
iii.
Council will consider the potential uses and street access to the site when making a
discretionary use decision on a proposed shopping centre/strip malt. Ingress and egress
points shall be designed to minimize conflict with adjacent land uses and not pose a
safety hazard.
iv.
Other criteria may include the street facade, main street entrance, windows along the
street and the relaxation ofon-site parking requirements.
v.
If abutting a Residential District, a suitable buffer composed of tree planting or a hedge
shall be provided.
e. Motor vehicle, recreational vehicle, and/or mobile home sales storage compound; Semi-
trailer and container parking lots including sea containers:
i.
The use shall be located where practical, in a non-highly area, and screened to avoid any
adverse visual impact.
ii.
Landscaping and screening acceptable to Council shall be provided in all yards facing a
public roadway or properties in residential use.
f. 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.
Page | 64
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
12.
INDUSTRIAL DISTRICT-IND
The purpose of the Industrial District (IND) is to provide areas for Industrial activities which have
moderate potential for conflict with adjacent land uses and rely on access to prime traffic routes.
No person shall within any IND - Industrial District use any land, or erect, alter, or use any building or
structure except in accordance with the following provisions.
12.1 PERMITTED USES
a. Business and/or professional offices;
b. Industrial Parks containing a combination of permitted uses;
c. Buildings, structures, and uses accessory to, and located on the same site as, the principal
building or use excepting any building or structure used for human habitation;
d. Indoor repair, rental, servicing, storage, wholesale of any commodity and/or retail sales of
any goods, materials and/or commodities excluding any hazardous materials;
e. Manufacturing, fabricating, processing, assembly, finishing, production or packaging of
materials, goods or products that are not noxious;
f. Oilfield supply and service establishments;
g. Auto body shops;
h. Construction and other contractors, industrial trades, workshops, yards, plants, and/or
offices;
i. Warehousing and supply depots;
j.
Farm and Industrial machinery equipment and vehicle sales and 5ervice;
k. Trucking operations;
1. Semi-Trailer and Container Parking Lot including Sea Containers;
m. Lumber and building supply establishments;
n. Construction of RTM homes or agricultural building assembly area;
o. Motor vehicle, recreational vehicle, and/or mobile home sates and servicing and/or storage
compound;
p. Commercial Recycling Depots;
q. Public works buildings and structures including offices, warehouses, storage, yards, and
waste management or sewage facilities.
12.2 DISCRETIONARY USES
The following uses may be permitted in the IND - Industrial District but only by resolution of Council
and only in locations specified in such resolution of Council. Discretionary Use Requirements are
provided in Section 5.
a. Bulk petroleum sales and storage (refer to Section 5. 10);
b. Oilfield Equipment Parking lot and Staging Area
c. Stockyards and auction marts;
d. Salvage yards and auto wreckers;
e. Meat Processing Ptants/Abattoirs;
f. Seed Cleaning plants, feed mills and flour mills;
g. Fertilizer sales and storage;
h. Cement manufacturing;
i. Aggregate material storage or handling operations;
j.
Wind Energy Facilities (refer to section 5. 9).
Page | 65
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
12.3 SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements
Permitted Uses:
Minimum site area
Minimum site frontage
t^'nimum fron
rear wr
in mum
Maximum He? h
Discretionary Uses:
Minimum site area
Service Stations
929 m2 (10,000 ft2)
30 meters (98 ft.)
7.5 meters (25 ft.)
10% of the depth of the lot
3.0 meters (10 ft.)
15 meters (49 ft.)
929m2 (10,000 ft2)
All Other Permitted Uses
590m2 (6,350 ft2)
20 meters (66 ft.)
6.0 meters (20 ft.)
6.0 meters, no minimum if abutting a
railway
3.0 meters (10 ft.)
15 meters (49 ft.)
Mi i mum site tron age
30 meters (98 ft.)
7.5 meters (25 ft.)
10% of the depth of the lot
Minimum side ar
3.0 meters (10 ft.)
15 meters (49 ft.)
12.4 ACCESSORY BUILDINGS
a. Setbacks for accessory buildings shall meet the same requirements as the principal use or
building.
b. Temporary, fabric covered structures consisting of wood, metal or plastic framing covered
on the roof and one or more sides with fabric, plastic, vinyl or other sheet material shall be
permitted in a rear or side yard.
12.5 LANDSCAPING
a. A landscaped strip of not less than 3.0 meters (10 ft.) in width throughout lying parallel and
abutting the front site line shall be provided on every site.
b. On corner tots, in addition to the landscaping required in the front yard, the whole of any
required side yard abutting the flanking street shall be landscaped.
c. Where a site abuts any Residential District without an intervening land, there shall be a strip
of land adjacent to the abutting site line of not less than 3.0 meters (10 ft.) in width
throughout which shall not be used for any purpose except landscaping.
Page | 66
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
12. 6 PARKING
Off-street parking requirements shall be provided in accordance with the following:
A/areliouses or manuractun g
1 parking space for each 90 mz (969 ft) of gross floor area
activities
? ' c oat hu
1 parking space for each 50 m2 (538 ft ) of gross floor area, or 1
parking space for each 1.5 employees, whichever is greater.
12.7 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 without
restricting access to ail parts of the site shall be provided on the site. The minimum area of an individual
loading space shall be 17m2 (183 ft ).
12.8 SlGNAGE
Signs and billboards are prohibited in the IND-lndustrial District except for signs advertising the principal
use of the premises or the names of the occupants of the premises. Permitted signs shall be subject to
the following regulations:
a.
One permanent sign is permitted per site. The facial area of a sign shall not exceed 4. 0 m2
(43ft2 );
b. No sign shall be located in any manner that may obstruct or jeopardize the safety of the
public;
c. Temporary signs not exceeding 1.0 m2 (10.7 ft ) advertising the sale or lease of the property
or other information relating to a temporary condition affecting the property are permitted;
d. Temporary signs advertising product prices or sales, special events related to retail and
service activities, or advertising community or charity activities or events are permitted.
12. 9 0 UTSIDE STORAGE
a. No outdoor storage shall be permitted in the required front yard of any commercial or
industrial site.
b. No yard shall be used for the storage or collection of hazardous material.
c. Council may apply special standards as a condition or for a discretionary use approval
regarding the location of areas used for storage for that use.
d. Council may require special standards for the location setback or screening of any area
devoted to the outdoor storage of vehicles in operating equipment and machinery normally
used for the maintenance of the property, vehicles or vehicular parts.
e. All outside storage shall be fenced and where the area abuts a residential area. All junk
yards or auto wrecking yards shall be totally enclosed by a sturdy fence built to a minimum
height of 2.0 meters (6. 6 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.
f. 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
Page | 67
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
12.10 STANDARDS FOR DISCRETIONARY USES
a. All discretionary uses shall following the general discretionary use evaluation criteria as
outlined in Section 5.2 and others that may be specified.
b. Salvage Yards and Auto Wrecker Operations
i.
This includes salvage yards, auto wreckers, auto repair shop, body shops and similar
uses, all salvage vehicles and materials, vehicles waiting repair, salvage or removal and
similar uses.
ii.
No vehicles or parts thereof shall be located in the front yard.
iii.
All salvage yards shall be totally hidden from the view of the travelling public, provincial
highways ,any public road and adjacent residential development by utilizing any of the
following measures:
. 1 distance and careful location;
.2 natural or planted vegetation;
. 3
an earth berm;
.4 an opaque fence;
.5 a building;
. 6 other appropriate methods approved by Council.
b. Meat Processing Plants/Abattoirs:
i.
Shall be located at least 91.4 meters (300 ft.) from residential areas, schools, hospitals,
motels and restaurants.
c. Oilfield equipment parking lot and staging area:
i.
The designated truck access routes will not be primarily through residential areas.
d. Seed cleaning plants, feed mills and flour mills; fertilizer sales and storage; cement
manufacturing; and aggregate material storage or handling operations:
i.
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;
lit) Anticipated increased levels or types of vehicle traffic, unsafe conditions or
situations for vehicles, cyclists, or pedestrians; and,
iv) Utilized of hazardous substances.
ii.
The designated truck access routes will not be primarily through residential areas.
e. 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.
f. All operations shall comply with all regulations of Saskatchewan Environment and
Saskatchewan Labour which govern their operation and development.
g. Bulk petroleum tanks are to be located 91.4 meters (300 ft. ) from residential areas, schools,
hospitals, motels and restaurants.
Page | 68
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
12.11 PERFORMANCE STANDARDS
An industrial operation including production, processing, cleaning, testing, repairing, storage or
distribution of any material shall conform to the following standards:
a. Noise - emit no noise of industrial production audible beyond the boundary of the lot on
which the operation takes place;
b. Smoke - no process involving the use of solid fuel is permitted;
c. Dust or ash - no process involving the emission of dust, fly ash or other partlculate matter is
permitted;
d. Odor - the emission of any odorous gas or other odorous matter is prohibited;
e. Toxic gases - the emission of any toxic gases or other toxic substances is prohibited;
f. Glare or heat - no industrial operation shall be carried out that would produce glare or heat
noticed beyond the property line of the lot;
g. External storage - external storage of goods or material is permitted if kept in a neat and
orderly manner or suitably enclosed by a fence or wall to the satisfaction of the authority
having jurisdiction. No storage shall be permitted in the front yard;
h. Industrial wastes - waste which does not conform to the standards established from time to
time by Town Bylaws shall not be discharged into any Town sewers.
i. The onus of proving to Council's satisfaction that a proposed development does and will
comply with these requirements, rests with the developer.
Page | 69
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
13.
COMMUNITY SERVICE DISTRICT - CS
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.
13. 1 PERMITTED USES
a. 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;
b. Elementary, high schools and other educational facilities;
c. Lodges, social clubs, service clubs;
d. Municipal offices, libraries, historic and cultural institutions, community halls;
e. Places of Worship and Assembly Halls;
f. Child and Adult Child Daycare;
g. Health facilities and Special Care Homes;
h. Recreational - sports fields, parks, playgrounds, curling rinks, skating rinks, tennis courts,
lawn bowling greens, swimming pools, and other similar uses. More than one recreational
use may be permitted per site;
i.
Golf courses;
j.
Natural and nature-like open areas;
k. Community Gardens;
I.
Pedestrian trails and bicycle pathways;
m. Skateboard parks or BMX bike-terrain;
n. Scenic lookout and interpretation facilities, rest stops, and other public trail facilities;
o. Public works buildings and structures excluding storage yards, warehouses, drainage
ditches, culverts, and other drainage works, and shall include water reservoirs, waste
management sites, and sewage treatment facilities.
13. 2
DISCRETIONARY USES
The following uses may be permitted in the Community Service District but only by resolution of
Council and only in locations specified in such resolution of Council. Discretionary Use Requirements
are provided in Section 5.
a. Wind Energy Facilrties (refer to section 5. 9).
13.3 SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements
All Other Permitted
Skating and curling rinks
Uses
1200 mz (12, 916 ft2)
450 m2 (4,845 ft2)
No minimum
Permitted Uses:
Minimum site area
Minimum floor area
Minimum site frontage
Maximum site coverage
Elementary and
secondary schools
No minimum
No minimum
15 meters (49 ft.)
75%
20 meters (66 ft.)
50%
70m2 (750 ft2)
15 meters (49 ft.)
50%
Page | 70
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
Minimum front ara
(mum rear ar
Discretionary Uses:
wlinimum site area
'nimum site frontag
6.7 meters (22 ft.)
4.5 meters (15 ft.)
50% of the height of
the building or 3.0
meters (10 ft.),
whichever is greater
450 m2 (4, 844 ft2)
15 meters (49 ft.)
6.7 meters (22 ft.)
4.5 meters (15 ft.)
6.7 meters (22 ft.)
4.5 meters (15 ft.)
1.5 meters (5 ft.) except
50% of the height of
on a corner site abutting
the building or 3.0
a street then 3.6 meters
meters (9.8 ft. ),
(12 ft.) shall be provided
whichever is greater
Maximum site overage
50%
ro
v rd
6.7 meters (22 ft.)
r
4.5 meters (15 ft.)
50% of the height of the building or 3.0 meters, whichever is greater
/lin n
13.4 ACCESSORY BUILDINGS
nim
rea
7.5 meters (25 ft.)
All accessory buildings shall be set back 1.2 meters (4 ft.) from the principal
building.
Accessory buildings shall not exceed 4.0 meters (13 ft.) in height from grade
level to the underside of the eaves, and shall not be higher than the principal
building.
0.8 meters (2.6 ft.) unless the side srte line is abutting a street then the side
yard shall be 3.6 meters (12 ft.)
All accessory buildings with a door or doors opening onto a lane shall not be
located less than 2.0 meters (6.6 ft.) from the site line abutting the lane.
13. 5 SlGNAGE
a. One permanent sign is permitted per site. The facial area of a sign shall not exceed 4.0 m2.
b. Billboards are prohibited except for one information sign for each building or use and those
bearing notices of special events and activities, or other information, relating to a temporary
condition affecting the site and shall not exceed 1.0 m2 in size.
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.
Page | 71
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
13.6 PARKING
Off-street parking requirements shall be provided in accordance with the following:
Eementa
scnoo
1 parking space for each staff member
iph schoo
Cnurcnes ana P aces o
ssemo
L
Special care home
Institutional buildings rivate tub
and lodges
Recreational buildi ,
taciNtie d
13. 7 LANDSCAPING
1 parking space for each staff member, plus 1 parking space for
every 10 students
1 parking space for each 50 m2 (538 ft ) of floor area
1 parking space for each bed.
1 parking space for each 50 m2 of floor area
1 parking space for each of every ten patrons or seats.
a. A landscaped strip of not less than 3.0 meters (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.
c. Where a site abuts any Residential District without an intervening land, there shall be a strip
of land adjacent to the abutting site line of not less than 1.5 meters (4. 9 ft. ) in width
throughout which shall not be used for any purpose except landscaping.
13.8 STANDARDS FOR DISCRETIONARY USES
a. All discretionary use applications shall follow the general the discretionary use evaluation
criteria as outlined in Section 3.9 and others that may be specified
Page | 72
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
14.5 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
Town ofAsquith Official Community Plan.
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 Town ofAsquith Official
Community Plan and that the proposal is not premature.
b. Where a development is proposed at a location at ^which standard connection to the To\wn's
existing sewer and water system is not feasible, the developer shall, at their own expense,
provide suitable water supply and sewage disposal facilities for that development
acceptable to Council and meets The Public Health Act and Regulations requirements.
c. Any building or structure used for the habitation or shelter of animals permitted in this
Zoning District shall be located a minimum distance of 76.0 meters (249 ft.) from an
occupied dwelling situated on an adjoining site.
Page | 74
Town ofAsquith Zoning Bylaw (Bylaw No. 6-2015)
15.
FLOOD HAZARD OVERLAY (FH)
The intent of this Overlay 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.
15.1 DEFINING THE AREA
.1 For all proposed development in this cautionary area, the developer shall be required to contact
Saskatchewan Water Securrty Agency or a qualified engineer to determine the 1:500 year return
frequency flood event and necessary freeboard.
15.2 SITE REGULATIONS IN FLOOD HAZARD LAND AREAS
. 1 No person shall use any land, erect, alter or use any building or structure within the Flood
Hazard Lands without a development permit.
.2 No person shall backfill, grade, deposit earth or other material, excavate, or store goods or
materials on these lands.
.3 "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.
15.3 FLOOD PROOFING REGULATIONS
.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/devetopment meets
approved flood proofing measures to the 1:500 flood design elevation.
.2 Any existing buildings may be replaced or expanded subject to appropriate flood proofing
measures being provided.
.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 alt 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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