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Town of Biggar
Zoning Bylaw
Page | 3
THE TOWN OF BIGGAR
ZONING BYLAW
SCHEDULE "A" to BYLAW NO. 15-763
______________________________
MAYOR
SEAL
______________________________
CHIEF ADMINISTRATIVE OFFICER
Page | 1
Table of Contents
1: Introduction .............................................................................................................................................. 6
1.1
Authority ....................................................................................................................................... 6
1.2
Title ............................................................................................................................................... 6
1.3
Purpose ......................................................................................................................................... 6
1.4
Scope ............................................................................................................................................. 6
1.5
Severability .................................................................................................................................... 6
2: Definitions ................................................................................................................................................. 7
3: Administration and Interpretation ......................................................................................................... 24
3.1
Development Officer ................................................................................................................... 24
3.2
Council ......................................................................................................................................... 24
3.3
Application for a Development Permit ....................................................................................... 24
3.4
Development Not Requiring a Permit ......................................................................................... 25
3.5
Interpretation.............................................................................................................................. 26
3.6
Comprehensive Development Reviews ...................................................................................... 26
3.7
Development Permit Procedures................................................................................................ 26
3.8
Development Permit: Validity ..................................................................................................... 28
3.9
Development Permit Application Fees ....................................................................................... 28
3.10
Fee for Zoning Amendment Application ..................................................................................... 29
3.11
Concurrent Processing of Development Permits, Building Permits and Business Licenses ....... 29
3.13
Development Appeals Board ...................................................................................................... 29
3.14
Minor Variances .......................................................................................................................... 30
3.15
Non-Conforming Building, Uses, and Sites ................................................................................. 31
3.16
Development Permit - Invalid .................................................................................................... 31
3.17
Cancellation ................................................................................................................................ 32
3.18
Stop Work ................................................................................................................................... 32
3.19
Bylaw Compliance ....................................................................................................................... 32
3.20
Registering In Interests ............................................................................................................... 32
3.21
Moving of Buildings..................................................................................................................... 32
3.22
Temporary Development Permits ............................................................................................... 32
3.23
Development Agreements .......................................................................................................... 33
3.24
Servicing Agreements ................................................................................................................. 33
4: General Regulations ................................................................................................................................ 34
4.1
Licenses, Permits, and Compliance with Other Bylaws and Legislation ..................................... 34
4.2
Principal Use Established ............................................................................................................ 34
4.3
Multiple Uses .............................................................................................................................. 34
4.4
Uses Permitted in all Zoning Districts ......................................................................................... 34
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4.5
Number of Principal Buildings on a Site ...................................................................................... 34
4.6
Accessory Buildings, Uses and Structures ................................................................................... 35
4.7
Front Yard Reduction .................................................................................................................. 35
4.8
Frontage for Irregular Sites ......................................................................................................... 35
4.9
Permitted Yard Encroachments .................................................................................................. 35
4.10
Grading and Levelling of Sites ..................................................................................................... 35
4.11
Height of Buildings ...................................................................................................................... 36
4.12
Heritage Properties ..................................................................................................................... 36
4.13
Signage on Natural and Human Heritage Sites ........................................................................... 36
4.14
Buffer Strips ................................................................................................................................ 36
4.15
Closings ....................................................................................................................................... 36
4.16
Satellite Dishes ............................................................................................................................ 36
4.17
Projections in Yards ..................................................................................................................... 37
4.18
Private Garages, Sunrooms, Solariums and Greenhouses .......................................................... 38
4.19
Trailer, Box Cars, Sea and Rail Containers .................................................................................. 38
4.20
Swimming Pools .......................................................................................................................... 38
4.21
Signage ........................................................................................................................................ 38
4.22
Disposal of Wastes ...................................................................................................................... 38
4.23
Solid and Liquid Waste Disposal Facilities .................................................................................. 38
5: Discretionary Use Standards for Development ...................................................................................... 40
5.1
Terms and Conditions for Discretionary Use Approvals ............................................................. 40
5.2
General Discretionary Use Evaluation Criteria ........................................................................... 40
5.3
Home Occupations ...................................................................................................................... 41
5.4
Secondary Suites ......................................................................................................................... 41
5.5
Modular Homes .......................................................................................................................... 41
5.6
Bed and Breakfast Homes ........................................................................................................... 42
5.7
Day Care Centres and Pre-Schools .............................................................................................. 42
5.8
Adult Day Cares ........................................................................................................................... 42
5.9
Personal Care Homes .................................................................................................................. 42
5.10
Garden (Granny) Suites ............................................................................................................... 43
5.11
Residential Care Homes .............................................................................................................. 44
5.12
Campgrounds .............................................................................................................................. 44
5.13
Above Ground Fuel Storage Tanks .............................................................................................. 44
6: Zoning Districts and Zoning Map ............................................................................................................ 46
6.1
Zoning Districts ........................................................................................................................... 46
6.2
The Zoning District Map .............................................................................................................. 46
6.3
Boundaries of Zoning Districts .................................................................................................... 46
6.4
Holding Designation .................................................................................................................... 46
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7: R1 - Residential District .......................................................................................................................... 47
7.1
Permitted Uses ............................................................................................................................ 47
7.2
Discretionary Uses ...................................................................................................................... 47
7.3
Site Development Regulations .................................................................................................... 47
7.4
Accessory Buildings and Structures ............................................................................................ 49
7.5
Fence and Hedge Heights ........................................................................................................... 50
7.6
Parking ........................................................................................................................................ 50
7.7
Outdoor Storage ......................................................................................................................... 50
7.8
Standards for Discretionary Uses ................................................................................................ 50
8: R1A - Residential Narrow Lot District ..................................................................................................... 52
8.1
Permitted Uses ............................................................................................................................ 52
8.2
Discretionary Uses ...................................................................................................................... 52
8.3
Site Development Regulations .................................................................................................... 52
8.4
Accessory Buildings and Structures ............................................................................................ 54
8.5
Fence and Hedge Heights ........................................................................................................... 54
8.6
Parking ........................................................................................................................................ 55
8.7
Outdoor Storage ......................................................................................................................... 55
8.8
Standards for Discretionary Uses ................................................................................................ 55
9: R2 - Residential Multiple Dwelling District ............................................................................................. 57
9.1
Permitted Uses ............................................................................................................................ 57
9.2
Discretionary Uses ...................................................................................................................... 57
9.3
Site Development Regulations .................................................................................................... 57
9.4
Accessory Buildings and Structures ............................................................................................ 60
9.5
Fence and Hedge Heights ........................................................................................................... 61
9.6
Signage ........................................................................................................................................ 61
9.7
Parking ........................................................................................................................................ 62
9.8
Outdoor Storage ......................................................................................................................... 62
9.9
Standards for Discretionary Uses ................................................................................................ 63
10: RA - Residential Acreage District........................................................................................................... 64
10.1
Permitted Uses ............................................................................................................................ 64
10.2
Discretionary Uses ...................................................................................................................... 64
10.3
Site Development Regulations .................................................................................................... 64
10.4
Accessory Building ...................................................................................................................... 65
10.5
Supplementary Regulations ........................................................................................................ 65
10.6
Signage ........................................................................................................................................ 66
10.7
Minimum Ditch Frontage ............................................................................................................ 66
10.8
Temporary Uses .......................................................................................................................... 66
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11: C1 - Town Centre Commercial District .................................................................................................. 67
11.1
Permitted Uses ............................................................................................................................ 67
11.2
Discretionary Uses ...................................................................................................................... 67
11.3
Site Development Regulations .................................................................................................... 68
11.4
Accessory Buildings ..................................................................................................................... 69
11.5
Signage ........................................................................................................................................ 69
11.6
Outdoor Storage ......................................................................................................................... 69
11.7
Parking ........................................................................................................................................ 70
11.8
Landscaping ................................................................................................................................. 70
11.9
Standards for Discretionary Uses ................................................................................................ 70
12: C2 - Highway Commercial ..................................................................................................................... 72
12.1
Permitted Uses ............................................................................................................................ 72
12.2
Discretionary Uses ...................................................................................................................... 72
12.3
Prohibited Uses ........................................................................................................................... 73
12.4
Site Development Requirements ................................................................................................ 73
12.5
Accessory Buildings ..................................................................................................................... 74
12.6
Fence and Hedge Heights ........................................................................................................... 74
12.7
Landscaping ................................................................................................................................. 75
12.8
Parking Requirements ................................................................................................................. 75
12.9
Loading Requirements ................................................................................................................ 75
12.10
Signage .................................................................................................................................... 75
12.11
Outside Storage ....................................................................................................................... 76
12.12
Standards for Discretionary Uses ............................................................................................ 76
13: IND1 - Light Industrial ........................................................................................................................... 79
13.1
Permitted Uses ............................................................................................................................ 79
13.2
Discretionary Uses ...................................................................................................................... 79
13.3
Prohibited Uses ........................................................................................................................... 80
13.4
Site Development Requirements ................................................................................................ 80
13.5
Accessory Buildings ..................................................................................................................... 81
13.6
Signage ........................................................................................................................................ 81
13.7
Fence and Hedge Heights ........................................................................................................... 81
13.8
Landscaping ................................................................................................................................. 82
13.9
Parking Requirements ................................................................................................................. 82
13.10
Loading Requirements ............................................................................................................ 82
13.11
Outside Storage ....................................................................................................................... 82
13.12
Standards for Discretionary Uses ............................................................................................ 83
14: IND2 - Heavy Industrial ......................................................................................................................... 85
14.1
Permitted Uses ............................................................................................................................ 85
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14.2
Discretionary Uses ...................................................................................................................... 85
14.3
Prohibited Uses ........................................................................................................................... 86
14.4
Site Development Requirements ................................................................................................ 86
14.5
Accessory Buildings ..................................................................................................................... 86
14.6
Signage ........................................................................................................................................ 86
14.7
Fence and Hedge Heights ........................................................................................................... 87
14.8
Landscaping ................................................................................................................................. 87
14.9
Parking Requirements ................................................................................................................. 87
14.10
Loading Requirements ............................................................................................................ 88
14.11
Outdoor Storage ..................................................................................................................... 88
14.12
Performance Standards .......................................................................................................... 88
14.13
Standards for Discretionary Uses ............................................................................................ 89
15: CS - Community Service District ............................................................................................................ 91
15.1
Permitted Uses ............................................................................................................................ 91
15.2
Discretionary Uses ...................................................................................................................... 91
15.3
Site Development Regulations .................................................................................................... 91
15.4
Signage ........................................................................................................................................ 93
15.5
Fence and Hedge Heights ........................................................................................................... 93
15.6
Landscaping ................................................................................................................................. 93
15.7
Parking ........................................................................................................................................ 93
15.8
Standards for Discretionary Uses or Forms of Development ..................................................... 94
16: CS2 - Passive Community Service ......................................................................................................... 95
16.1
Permitted Uses ............................................................................................................................ 95
16.2
Site Development Regulations .................................................................................................... 95
16.3
Signage ........................................................................................................................................ 95
16.4
Landscaping ................................................................................................................................. 96
17: FUD - Future Urban Development ........................................................................................................ 97
17.1
Permitted Uses ............................................................................................................................ 97
17.2
Discretionary Uses ...................................................................................................................... 97
17.3
Site Development Regulations .................................................................................................... 97
17.4
Signage ........................................................................................................................................ 98
17.5
Supplementary Regulations ........................................................................................................ 98
18: FH - Flood Hazard Overlay .................................................................................................................... 99
18.1
Permitted Uses ............................................................................................................................ 99
18.2
Prohibited Uses ........................................................................................................................... 99
18.3
Site Development Regulations .................................................................................................... 99
18.4
Flood Proofing Regulations ......................................................................................................... 99
Page | 6
1: Introduction
1.1
Authority
Under the authority granted by The Planning and Development Act, 2007, the Mayor and Council of the
Town of Biggar in the Province of Saskatchewan, in open meeting, hereby enact as follows:
1.2
Title
This Bylaw shall be known and may be cited as the "Zoning Bylaw" of the Town of Biggar.
1.3
Purpose
The purpose of this Bylaw is to regulate development and control the use of land in the Town of Biggar
in accordance with the Town of Biggar Official Community Plan and the Bear Hills District Plan.
The intent of this Zoning Bylaw is to provide for the amenity of the area within the Town of Biggar
(hereinafter referred to as the "Town") and for the health, safety, and general welfare of the inhabitants
of Biggar and area. The purpose of this Bylaw is also:
To minimize land use conflicts;
To establish minimum standards to maintain the amenity of the Town;
To ensure development is consistent with the physical limitations of the land;
To restrict development that places undue demand on the Town for services; and,
To provide for land-use and development that is consistent with the goals and objectives of the
Town.
1.4
Scope
This Bylaw applies to all land included within the boundaries of the Town of Biggar. All development
within the limits of the Town 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
in this Bylaw.
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2: Definitions
Whenever the subsequent words or terms are used in the Town of Biggar Official Community Plan Bylaw
No. 15-762, the Bear Hills District Plan Bylaw No. 15-761, 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, inspect meats,
refrigerate, cure and manufacture by-products.
Accessory: A building or use that:
a. Is subordinate to and serves the principal
building or principal use;
b. Is subordinate in area, mass, extent, and
purpose to the principal building or principal
use served;
c. Contributes to the comfort, convenience, or
necessity of occupants of the principal building
or assists the principal use;
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 of
Biggar.
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.
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,
though 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
Page | 8
permanent home or residence as distinct from a
hotel or rooming house.
Applicant: A developer or person applying for a
Development Permit under this Bylaw or for a
subdivision approval to an approving authority
under The Planning and Development Act 2007.
Attic: That portion of a building situated wholly or
in part within the roof and which is less than one-
half story.
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.
Bare Land Condominium: Involves dividing a parcel
of land into individually owned 'bare land units.' A
proposed plan of survey to create a bare land
condominium requires the subdivision of the land
and subdivision approval pursuant to The Planning
and Development Act, 2007. Buildings on each bare
land unit are owned by the individuals. The balance
of the parcel around the units is common property.
Bed and Breakfast: A dwelling unit, licensed as a
tourist home under The Tourist Accommodation
Regulations, 1969, in which overnight
accommodation within the dwelling unit, along with
one meal served before noon, is provided to the
traveling public for a charge.
Billboard: A private free standing sign, including
supporting structure, which advertises goods,
products, services, organizations, of facilities that
are available from, located on, or refer to, a site
other than the site on which the sign is located.
Buffer: A strip of land, vegetation or land use that
physically separates two or more different land
uses.
Building: A structure constructed on, in, or over
land and used for the shelter or accommodation of
persons, animals, goods, or chattels, and includes
any structure covered by a roof supported by walls
or columns.
Building, Accessory: (see Accessory).
Building Bylaw: A Bylaw of the Town of Biggar 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 of Biggar, authorizing the
Page | 9
construction of, or the addition to, any building
though does not include a Development Permit.
Building, Principal: A building in which is conducted
the main or primary use of the site on which said
building is situated.
Building Line, Established: The average distance
from the street line to the main wall of existing
buildings on any side of any block where more than
half the frontage of the block has been built on.
Bulk Fuel Sales and Storage: Includes land,
buildings, and structure for the storage and
distribution of fuels and oils including retail sales or
key-lock operation.
Business Support Services: Activities intended to
provide administrative, promotional, or technical
support for commercial and industrial activities.
Bylaw: The Town of Biggar Zoning Bylaw.
C
Campground: An area used for a range of overnight
camping experiences, from tenting to serviced
trailer sites, including accessory facilities which
support the use, such as administration offices and
laundry facilities, though not including the use of
mobile homes or trailers on a permanent year-
round basis.
Cardlock Operation: A petroleum dispensing outlet
without full-time attendants.
Carport: A building or structure or part thereof,
where at least 40% of the area of the perimeter is
open and unobstructed by a wall, door, post or pier
and which is used for the parking or storage of
motor vehicles.
Cemetery: A cemetery or columbarium within the
meaning of The Cemeteries Act Chapter C-4, R.S.S.
1981, as amended from time to time.
Club: A group of people organized for a common
purpose, to pursue common goals, interest or
activities, and usually characterized by certain
membership qualifications, payment of dues or
fees, regular meetings, and a constitution and
bylaws.
Commercial Use: The use of land, building(s), or
structure(s) for the purpose of buying and selling
commodities, and supplying professional and
personal services for compensation.
Commercial/Industrial Use, Large Scale:
Commercial or industrial land uses maintaining a
lineal frontage in excess of 91.0 metres (298.56 ft.).
Commercial/Industrial Use, Small Scale:
Commercial or industrial land uses maintaining a
lineal frontage of less than 90 metres (295 ft.).
Community Facilities: Buildings or facilities used for
recreational, social, educational or cultural activities
and that are owned by a municipal corporation,
non-profit corporation, or other non- profit
organization.
Compost: Materials used in gardening, agriculture,
landscaping, erosion control, wetland construction,
and landfill cover.
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.
Page | 10
Construction Trades: Offices, shops, and
warehouses, with or without retail sales for trades
associated with construction of buildings.
Contractors Yard: The yard of a contractor or
company, including landscaping materials used as a
depot for the storage and maintenance of
equipment used by the contractor or company, and
includes facilities for the administration or
management of the business and the stockpiling or
storage of supplies used in the business.
Convenience Store: A store offering for sale
primarily food products, beverages, personal care
items, hardware and printed matter and which
primarily provides a convenient day-to-day service
to residents in the vicinity.
Council: The Council of the Town of Biggar.
D
Day Care Centre: An establishment providing for
the care, supervision and protection of children (or
adults) though does not include the provision of
overnight supervision.
Deck: Any raised floor structure at least 0.31 metres
(1 ft.) above the average ground level upon which it
is constructed, either adjacent to a building or free-
standing with stairway, ramp, or similar access.
Development: The carrying out of any building,
engineering, mining, or operations in, on, or over
land, or making of any material change in the use or
intensity of use of any building, or land, and shall
include, though not be limited to, excavating, filling,
grading or drainage of land.
Development Officer: An employee of the Town
appointed by the Administrator to act as a
Development Officer to administer this Bylaw.
Demolition Permit: A permit issued for the removal
or dismantling of a building or structure with the
Town's boundaries as prescribed under Section 13
of The Uniform Building and Accessibility Standards
Act.
Development Permit: A document issued by the
Council of the Town of Biggar that authorizes
development pursuant to this Bylaw, though 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.
District Plan: The Bear Hills District Plan is the
District Plan for the Town of Biggar as per section
102 of The Planning and Development Act, 2007.
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 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
Page | 11
condominiums, townhouses, row houses, and
apartments as distinct from a rooming house, hotel,
or motel.
Dwelling, Semi-Detached: A building divided
vertically into two (2) dwelling units by a common
wall extending from the base of the foundation to
the roofline.
Semi-Detached Dwelling
Dwelling, Single-Detached: A building containing
only one dwelling unit, and shall not include a
mobile home as herein defined.
Single-Detached Dwelling
Dwelling, Town House: A dwelling, designed as one
cohesive building in terms of architectural design,
which contains three (3) or more similar attached
dwelling units each of which fronts on a street, has
direct access to the outside at grade and is not
wholly or partly above another dwelling.
Town House Dwelling
E
Educational Institution: An establishment
dedicated for the purpose of providing education
and instruction in any branch of knowledge.
Equestrian Facility: The use of lands, buildings, or
structures for the boarding of horses, the training of
horses and riders, and the staging of equestrian
events, though does not include the racing of
horses.
Existing: In place, or taking place, or with all
approvals and permits in place on the date of the
adoption of this Bylaw.
F
Farm Building/Yard: Improvements such as barns,
granaries, etc. used in connection with the growing
and sale of trees, shrubs and sod or the raising or
production of crops, livestock or poultry, fur
production, bee keeping and situated on a parcel of
land used for the farm operation.
Fence: A structure used to enclose or screen areas
of land.
Fill (Clean Fill): Soil, rock, rubble, or other Town-
approved, non-regulated waste that is transported
Page | 12
and placed on the existing, usually natural, ground
surface.
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.
Floodproofed: 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.
Floor Area, Main: 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 industry, commercial and conservation.
The Future Land Use Map for Biggar 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.
G
Garage, Private: A building or part of a building
used for or intended to be used for the storage of
motor vehicles and wherein neither servicing nor
repairing of such vehicles are carried on for
remuneration.
Garage, Public: A building or place where motor
vehicles are stored or repaired for remuneration
though does not include car washing
establishments, an auto sales lot or an automobile
service station.
Garden (Granny) Suite: A second, small, dwelling on
the site of a primary, single-family dwelling that
accommodates one or two family members of the
owner/occupants of the primary residence and is
intended to allow the family to live independently
though 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 four outside
corners of the building.
Page | 13
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, though 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
individually or in combination with other substances
on the site is an existing or potential threat to the
physical environment, to human health or other
living organisms.
Hazard(ous) Land: Land having inherent
environmental hazards; land subject to flooding,
earth movement, or slope instability, land with poor
natural drainage, ground water seepage, erosion,
steep slopes, rock formations, or other similar
features.
Health Service Facility (Health Clinic): A building or
part thereof used by qualified health service
practitioners for the treatment of human health
needs.
Heritage Resource: The history, culture and
historical resources of an area and its residents.
Highway Commercial: Commercial activities
normally located along highways, major roadways
and in other locations considered strategic by the
type of business involved serving the needs of local
residents and the traveling public.
Highway Sign Corridor: A strip of land parallel and
adjacent to a provincial highway, where private
signs may be permitted to advertise goods and
services of local area businesses and attractions, as
provided by regulations of the Department of
Highways entitled "The Erection of Signs Adjacent to
Provincial Highway Regulations, 1986", as may be
amended from time to time.
Home Occupation (Home Based Business): An
occupation, trade, profession, or craft customarily
conducted for gain in a dwelling unit or accessory
building by the resident or residents, which is
clearly 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, though
does not include a motel or rooming house.
I
Industrial Exclusionary Uses: Refers to certain
industrial activities that may be characterized as
exhibiting a high potential for adversely affecting
the safety, use, amenity or enjoyment of adjacent
and nearby industrial and non-industrial sites due to
their scale, appearance, noise, odour, emissions and
hazard potential. Such activities are considered
exclusionary when the only means of mitigating the
Page | 14
associated negative effects on surrounding land
uses is through spatial separation. Exclusionary
uses would include though 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 or more domestic
animals.
L
Landfill: A specially engineered site for disposing of
solid waste on land, constructed so that it will
reduce hazard to public health and safety.
Landscaped Area: An area not built upon and not
used for any purpose other than as an open space
that may include grass, shrubs, flowers, trees, and
similar types of vegetation and may contain paths,
walks, patios, fences and similar outdoor amenities,
though 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, though excluding companion animals.
Live/Work: A dwelling unit, part of which may be
used as a business establishment, where the
dwelling unit is the principal residence of the
business operator.
Live/Work Residential Acreages: A residential
development where the owner's principal source of
income is derived from a source other than
agriculture, and where an on-site occupation or
activity is permitted including the storage of
material and the maintenance of equipment related
to the occupation.
Loading Space: A space, measuring at least 2.5
metres (8.20 ft.) in width and 8.5 metres (27.88 ft.)
in depth, located on a lot, and having access to a
Page | 15
street or lane, in which a vehicle may park to load or
unload.
Lot: 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.
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 Biggar.
Minister: The member of the Executive Council to
whom for the time being is assigned the
administration of The Planning and Development
Act, 2007.
Mobile Home: 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. See picture
below.
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 though 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 m²
(5000 ft2) and in which all such sites, public open
spaces, internal streets and lanes, buffer zones and
other amenity areas form a contiguous area of
development.
Page | 16
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 of
464.50 m² (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.
Municipality: The Town of Biggar.
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.
O
Office or Office Building: A building or part of a
building used primarily for conducting the affairs of
a business, profession, service, industry or
government in which no goods or commodities of
business or trade are stored, trans-shipped, sold or
processed.
Official Community Plan (OCP): The Town of Biggar
Official Community Plan Bylaw No. 15-762.
Open Space: Passive and structure leisure and
recreation areas that enhance the aesthetic quality
Page | 17
and conserve the environment of the community,
including parks, recreation and tourism nodes, and
natural areas.
P
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 3.0 metres (10 ft.) wide and
5.5 metres (18 ft.) in length.
Pasture: A site that is used for the raising and
feeding of livestock by grazing.
Patio: Any hard surface or floor structure less than
0.3 metres (0.98 ft.) above the average ground level
upon which it is constructed.
Permitted Use: The use of land, buildings, or other
structures that shall be permitted in a Zoning
District where all requirements of this Zoning Bylaw
are met.
Person: A "person" shall apply to an individual,
association, firm, partnership, corporation, trust, or
agent, and their heirs, executors, or other legal
representatives of a person to whom the same can
apply according to the law.
Personal Service Trades: A building or part of a
building in which persons are employed in
furnishing services and administering to customer's
personal and/or grooming needs, though does not
include the provision of health related services.
Places of Worship: A building set aside by any
religious organization for public worship. Typical
uses include churches, chapels, mosques, temples,
synagogues and parish halls.
Pond: Any constructed containment of water for
the purpose of landscape enhancement, keeping
ornamental fish or aquatic plants, or for other
similar purposes, though not a swimming pool.
Principal Use: The main or primary activity, for
which a site or its buildings are designed, arranged,
developed or intended, or for which is occupied or
maintained.
Public Work: : A facility as defined under The
Planning and Development Act, 2007 including a
system, work, plant, equipment, or service, whether
owned or operated by the municipality, or by a
corporation under Federal or Provincial statute, that
furnishes any of the following services and facilities
to, or for the use of, the inhabitants of the Town of
Biggar:
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 Signage: Signage directly associated
with the sale of a property on which it is located
and which maintains a gross surface area of less
than 1.0m² (19.76 ft2).
Recreational Use: The use of land for parks,
playgrounds, tennis courts, lawn bowling greens,
indoor and outdoor skating rinks and curling rinks,
athletic fields, golf courses, picnic areas, swimming
pools, day camps, community centres and all similar
uses, together with the necessary and accessory
Page | 18
building sand structures; though does not include
the racing of animals or motorized vehicles.
Recycling and Collection Depot (Community): A
building or structure intended to accommodate the
collection, sorting, processing and temporary
storage of recyclable household materials such as
bottles, cans, plastic containers, paper and paint
that would otherwise be considered waste. These
types of uses do not include any 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: 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, with sleeping facilities
though without private toilet facilities.
RTM (Ready to Move) Home: A new single
detached dwelling constructed off-site to National
Building Code or CSA-A277 standards to be moved
onto a new permanent residential site building
foundation.
RTM (Ready to Move) Home
S
Satellite Dish: A parabolic antenna utilized for the
reception of satellite transmitted television or radio
waves.
Salvage Yard (Wrecking): A parcel of land where
second-hand, discarded or scrap materials are
bought, sold, exchanged, stored, processed or
handled. Materials include scrap iron, structural
steel, rages, rubber tires, discarded goods,
equipment, appliances or machinery.
School: An educational facility under the jurisdiction
of a Board of Education, a college, university, or any
other school established and maintained either
wholly or partially at public expense, whether or not
Page | 19
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.
Sea Container: (see Shipping Container).
Self-Service Storage Facility: A commercial business
that rents or leases storage rooms, lockers,
containers, modular storage units and/or outdoor
space, for businesses and individuals to store and
access their goods.
Senior Citizens Home: A building containing
dwelling units for the exclusive use of seniors.
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; though 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.
Location and measurement of setbacks
Shipping Container: An article of transportation
equipment including one that is carried on a chassis,
that is strong enough to be suitable for repeated
use and is designed to facilitate the transportation
of goods by one or more means of transportation
and includes though is not limited to intermodal
shopping containers, body of transport trailer or
strait truck box though does not include a motor
vehicle.
Shopping Centre/Strip Mall: A building or group of
buildings located on the same lot or site, in which
four or more of the uses allowed in the Zoning
Districts are located for their mutual benefit
including the use of off-street parking and other
joint facilities.
Short-Term Stay Residential: (See Rooming House).
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
Page | 20
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 ft.)
from such building or structure.
Sign, Freestanding: A sign, except a billboard,
independently supported and visibly separated
from a building or other structure and permanently
fixed to the ground.
Sign, Height: The vertical distance measured from
the highest point of the sign to grade level at the
centre of the sign.
Sign, Projecting: A sign which is wholly or partially
dependent upon a building for support and which
projects more than 0.5 metres (1.64 ft.) from such
building.
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.
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, though where the front
and rear site lines are not parallel the site depth is
the length of a line joining the midpoint of such site
lines.
Site, Through: A site other than a corner site, having
separate frontages on two streets. The front site
line of a through site shall be determined by
predetermined building lines.
Site, Width: The horizontal distance between the
side boundaries of the site measured at a distance
from the front lot line equal to the minimum front
yard required for the district in which the site is
located.
Site Line: Any boundary of a site.
Site Line, Front: The line separating the site from
the street; for a corner site, the shorter line
abutting a street; though in the case of a corner site
with two 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.
Page | 21
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 ft.) and 2.3 metres (7.55 ft.) 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 Mall): A building of not more than
604.0 m2 (6501.61 ft2) in gross floor area in which a
minimum of three (3) and a maximum of six (6) of
the permitted or discretionary uses of the Zoning
District are located together for their mutual
benefit.
Structural Alteration: The construction or
reconstruction of supporting elements of a building
or other structure.
Structure: Anything that is built, constructed, or
erected that is located on the ground or attached to
something located on, or in the ground.
Subdivision: A division of land, and includes a
division of a quarter section into legal subdivision as
described in the regulations made pursuant to The
Land Surveys Act, 2000.
Swimming Pool: Any body of water permanently
located outdoors or indoors, contained by artificial
means and used and maintained for the purpose of
swimming, wading, or diving and having a depth of
0.61 metres (2 ft.) or more at any point.
T
Tavern: An establishment, or portion thereof,
where the primary business is the sale of beverage
alcohol for consumption on the premises, with
food.
(Tele)communication Facility: A structure situated
on a non-residential site that is intended for
transmitting or receiving television, radio or cellular
communications, excluding those used exclusively
for dispatch communications.
Temporary Garages and Buildings: 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.
Page | 22
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 facilties.
Town: The Town of Biggar.
Town Chief Administrative Officer: The
Administrator of the Town of Biggar.
Trailer (Camping), Motor Home: Any vehicle
designed, constructed or reconstructed in such a
manner as will permit occupancy as a dwelling or
sleeping place for one or more persons,
notwithstanding that its running gear is removed or
jacked up, is used or constructed in such a way as to
enable it to be used as a conveyance upon public
streets or highways, and includes self-propelled and
non-self-propelled vehicles.
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, though 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 9.29m² (100 ft2).
W
Warehouse: A building used for the storage and
distribution of wholesale goods and materials.
Waste Disposal Facility, Liquid: A facility to
accommodate any waste which contains animal,
mineral or vegetable matter in solution or
suspension though does not include a septic system
for a single residence or farmstead, or a manure
storage area for an intensive livestock operation.
Waste Disposal Facility, Solid: A facility or a
temporary storage facility, to accommodate
discarded materials, substances or objects which
originated from residential, commercial,
institutional and industrial sources which are
disposed of in municipal or private landfills, though
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.
Page | 23
Wind Energy Conversion System, Private Use:
Means a system consisting of a wind turbine, tower,
and associated control or conversion electronics for
the purpose of providing electrical power to a lawful
principal use. A system having a rated capacity of
10 kilowatts (kW) or less for residential use or 100
kW or less for non-residential uses shall be
considered a private use system for the purposes of
the regulations. These systems are considered
accessory uses in all Zoning Districts.
Wind Turbine: The individual component of a wind
energy conversion system that converts kinetic
energy from the wind into electrical energy,
independent of the electrical conductors, electrical
storage system, electrical metering, or electrical
inverters.
Wind Turbine, Electrical: An individual component
of a Wind Energy Conversion System which converts
kinetic wind energy to electrical energy through
electric currents.
Wind Turbine, Mechanical: An individual
component of a wind energy conversion system
which converts kinetic wind energy to mechanical
energy through motion.
Work Camp: A temporary industrial or construction
camp established for the purpose of providing
accommodation for employees, and without
restricting the generality of the above, the camp is
usually made up of a number of mobile units,
clustered in such a fashion as to provide sleeping,
eating and other basic living facilities.
Y
Yard: 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.
Yard, Rear: The area between the side site lines and
the front site line to the rear building line (corner
and interior).
Yard, Required: The minimum yard required by a
provision of this Bylaw and within which, unless
specifically permitted, no building or structure, or
part of a building or structure shall be erected.
Yard, Side: The area between the front and rear
yards and between the side site line and the side
building line.
Page | 24
3: Administration and Interpretation
3.1
Development Officer
3.1.1
The Chief Administrative Officer or Assistant Administrator of the Town of Biggar shall be the
Development Officer responsible for the administration of this Bylaw and in their absence by
such other employee of the municipality as the Council designates from time to time.
3.1.2
The Development Officer shall:
a. Receive, record, and review development permit applications and issue decisions in
consultation with Council, particularly those decisions involving subdivision,
discretionary uses, development permit conditions, and development and servicing
agreements;
b. Maintain for inspection by the public during office hours, a copy of this Bylaw, 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;
e. Perform other duties as determined by Council.
3.1.3
The Development Officer shall be empowered to make a decision regarding a Development
Permit application for a "Permitted Use."
3.2
Council
3.2.1
Council shall make all decisions regarding discretionary uses, development and servicing
agreements, and Zoning Bylaw amendments.
3.2.2
Council shall make a recommendation regarding all subdivision applications circulated to it by
Saskatchewan Ministry of Government Relations, prior to a decision being made by the Minister.
3.2.3
Council shall act on discretionary use, rezoning, and subdivision applications in accordance with
the procedures established by The Planning and Development Act, 2007 and in accordance with
The Town of Biggar Official Community Plan and the Bear Hills District Plan.
3.3
Application for a Development Permit
3.3.1
Unless the proposed development or use is exempt from Development Permit requirements,
before commencing any principal or accessory use development, including a public utility use,
every developer shall:
a. Complete and submit a Development Permit application; and
b. Receive a Development Permit for the proposed development.
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3.3.2
A Development Permit shall not be issued for any use in contravention of any of the provisions
of this Bylaw, the Town's Official Community Plan, and the Bear Hills District Plan.
3.3.3
Except where a particular development is specifically exempted by Section 3.4 of this Bylaw, no
development or use shall commence without a Development Permit first being obtained.
3.3.4
A building permit shall not be issued unless a development permit, where required, has also
been issued.
3.4
Development Not Requiring a Permit
3.4.1
Residential Zoning Districts
a. Buildings and structures under 9.3 m2 (100.11 ft2) 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.
3.4.2
Commercial Zoning Districts
a. Buildings and structures under 9.3 m2 (100.11 ft2) in area, which 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.
3.4.3
Official Uses
Uses and buildings undertaken, erected or operated by the Town of Biggar.
3.4.4
Internal Alterations
a. Residential Buildings
Internal alterations to a residential building, provided that such alterations do not result
in a change of use, a structural alteration, 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 the use of the building does not
change.
3.4.5
Landscaping
Landscape areas, driveways and parking lots, provided the natural or designed drainage pattern
of the site and adjacent sites are not adversely impacted.
3.4.6
Public Works
a. The maintenance of a public work;
b. The construction of a public work by the Town of Biggar;
c. The installation of public works on any street or other public right-of-way;
d. Maintenance and repairs that do not include structural alterations;
e. The installation of fences or accessory buildings under 9.3 metres squared (100.11 ft2).
Page | 26
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 units shown
in this Bylaw shall be approximate guidelines only.
3.6
Comprehensive Development Reviews
3.6.1
A Comprehensive Development Review shall be completed prior to consideration of an
application by Council by any person proposing to rezone land for multi-parcel residential,
commercial or industrial purposes. The purpose of this review is to identify and address social,
environmental, health and economic issues and to encourage the development of high quality
residential, recreational, commercial, and industrial developments. The scope and required
detail of the Comprehensive Development Review will be based on the scale and location of the
proposed development, and address such areas as the following:
a. Proposed land use(s) for various parts of the area;
b. The effect on adjacent land uses and integration of the natural landscape regarding the
planning and design of the area;
c. The location of, and access to, major transportation routes and utility corridors;
d. The provision of services respecting the planning for future infrastructure within the
municipality;
e. Sustainable development and environmental management practices regarding surface
and groundwater resources, storm water management, flooding and protection of
significant natural areas;
f. Appropriate information specific to the particular land use (residential, commercial, or
industrial).
3.6.2
The Comprehensive Development Review must be prepared in accordance with the overall goals
and objectives of the Town of Biggar Official Community Plan and the Bear Hills District Plan.
Council shall not consider any development application until all the 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 Procedures
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 Development Officer
shall issue a Development Permit.
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.
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3.7.1
Discretionary Use Application
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.
b. Where an application for a Development Permit is made for a discretionary use, the
Development Officer shall advise the Council as soon as practicable.
c. As soon as practicable after Council is advised that an application has been made for a
Development Permit for a discretionary use, Council shall consider the application. Prior
to making a decision, Council may refer the application to whichever Government
Agencies or interested groups, as Council may consider appropriate. Council also may
require the application to be reviewed by planning, engineering, legal, or other
professionals, with the cost of this review to be borne by the applicant.
d. The Development Officer will prepare a report concerning the application which may
contain recommendations, including recommendations that conditions of approval be
applied in accordance with Section 54 of The Planning and Development Act, 2007.
e. The Development Officer will set a date for 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.
f. Council shall consider the application together with the reports of the Development
Officer and any written or verbal submissions received by Council.
g. Council may reject the application or approve the application with or without
conditions, including a condition limiting the length of time that the use may be
conducted on the site.
h. The applicant shall be notified of Council's decision by regular mail addressed to the
applicant at the address shown on the application form.
3.7.2
Development Permit Advertisement and Public Notice for Discretionary Uses
a. The Development Officer shall carry out on behalf of the applicant, the advertisement of
the proposed use by posting a notice of the application at the entrance to the property
in question and by mailing a copy of the notice to the assessed owner of each abutting
property and each assessed owner of property within a 75.0 metre (246 ft) radius of the
proposed development.
b. The Development Officer shall publish a notice of the application in accordance with the
provisions of The Planning and Development Act, 2007, whereby the applicant shall pay
to the Municipality a fee equal to the costs associated with the public advertisement.
c. 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.
3.7.3
Development Permit Decision
a. The applicant shall be notified in writing of the decision of their application within 30
days of all required information being submitted to the Development Officer. The
applicant shall be advised of their right to appeal a decision on a permitted use
application and any terms and conditions attached to a discretionary use application to
the Development Appeals Board subject to the provisions of The Planning and
Development Act, 2007.
Page | 28
b. If the proposal conforms to the provisions of this Bylaw, a Development Permit shall be
issued, subject to any development standards, special regulations, or performance
standards that may be required.
c. 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.
3.8
Development Permit: Validity
3.8.1
A Development Permit is valid for a period of twelve months unless otherwise stipulated when
the permit is issued.
3.8.2
Where the Development Officer determines that a development is being carried out in
contravention of any condition of a Development Permit or any provision of this Bylaw, the
Development Officer shall suspend or revoke the Development Permit and notify the permit
holder that the permit no longer is in force.
3.8.3
Where the Council is satisfied that a development, the permit for which has been suspended or
revoked, will be carried out in conformity with the conditions of the permit and the
requirements of this Bylaw. The Council may reinstate the Development Permit and notify the
permit holder that the permit is valid and in force.
3.8.4
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 metre (246 ft) radius of the proposed development.
3.8.5
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.
3.9
Development Permit Application Fees
3.9.1
An applicant seeking the approval of a Development Permit application shall pay the following
fee: $25.00 or shall pay the required fee as set out in a separate Development Fee Bylaw of the
municipality.
3.9.2
There shall be no development permit application fee for accessory buildings to a residential
use, sign permits, licenses for home occupations or other forms of business licenses.
3.9.3
An applicant seeking a discretionary use approval shall pay the required fee: $50.00 plus any
advertising costs or shall pay the required fee as set out in a separate Development Fee Bylaw of
the Town.
3.9.4
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 metre (246 ft) radius of the proposed development.
Page | 29
3.9.5
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.
3.10
Fee for Zoning Amendment Application
When an application is made to Council for an amendment to this Bylaw, the applicant making the
request shall bear the actual cost of advertising such zoning amendment as permitted by The Planning
and Development Act, 2007. Council also may require the applicant to pay all costs incurred in a
professional review of the application and conducting a public hearing.
3.11
Concurrent Processing of Development Permits, Building Permits
and Business Licenses
A Building Permit, where required, shall not be issued unless a Development Permit has been issued, or
is issued concurrently. Nothing in this Bylaw shall exempt any person from complying with a Building
Bylaw, or any other Bylaw in force within the municipality, or from obtaining any permission required by
this, or any other Bylaw of the municipality, the Province, or the Federal Government.
3.12
Referral Under the Public Health Act
The Development Officer shall make available, in addition to plumbing permits and plan information, a
copy of all approved Development Permit applications involving installation of water and sanitary
services, should such information be requested by provincial officials under The Public Health Act 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.
3.13
Development Appeals Board
3.13.1 Council shall appoint a Development Appeals Board consisting of at least three members, to
hear and determine appeals in accordance with Section 213 to 227 inclusive of The Planning and
Development Act, 2007.
3.13.2 Right of Appeal
a. In addition to any other right of appeal provided by The Planning and Development Act,
2007, and any other Act, a person affected may appeal to the Board if there is:
i. Alleged misapplication of the Zoning Bylaw in the issuance of a development
permit;
ii. A refusal to issue a development permit because it would contravene the
Zoning Bylaw;
iii. An issuance of a written order from the Development Officer.
b. There is no appeal pursuant to 3.12.2.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:
iv. Is not a permitted use or a permitted intensity of use;
v. Is a discretionary use or discretionary use of intensity that has not been
approved by resolution by Council; or
vi. Is a prohibited use.
Page | 30
c. Appellants may appeal where they are of the opinion that development standards
prescribed by Council with respect to a discretionary use exceed those necessary to
secure the objectives of the Zoning Bylaw.
d. An appellant shall make the appeal pursuant to 3.13.2.a within 30 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.
3.14
Minor Variances
3.14.1 The Development Officer may vary the requirements of this Bylaw subject to the following
requirements:
a. A minor variance may be granted for the following only:
i. Minimum required distance of a building from a lot line; and
ii. The minimum required distance of a building from any other building on the lot.
b. The maximum amount of a minor variance shall be 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.
3.14.2 An application for a minor variance shall be in a form prescribed by the Development Officer
and shall be accompanied by an application fee of $50.00.
3.14.3 Upon receipt of a minor variance application the Development Officer may:
a. Approve the minor variance;
b. Approve the minor variance and impose terms and conditions on the approval; or
c. Deny the minor variance.
3.14.4 Terms and conditions imposed by the Development Officer shall be consistent with the general
development standards in this Bylaw.
3.14.5 Where a minor variance is refused, the Development Officer shall notify the applicant in writing,
providing reasons for the refusal.
3.14.6 Where a minor variance is approved, with or without terms, the Development Officer shall
provide written notice to the applicant and to the assessed owners of the property having a
common boundary with the applicant's land that is the subject of the approval.
3.14.7 A decision to approve a minor variance, with or without terms and conditions, does not take
effect:
a. In the case 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.
Page | 31
3.14.8 If an assessed owner of a property having an adjoining property with the applicants land objects
to the minor variance in writing to the Development Officer within the prescribed 20 day time
period, the approval is deemed to be revoked and the Development officer shall notify the
applicant in writing:
a. Of the revocation of the approval; and
b. Of the applicant's right to appeal the revocation to the Development Appeals Board
within 30 days of receiving the notice.
3.14.9 If an application for a minor variance is refused or approved with terms or conditions, the
applicant may appeal to the Development Appeals Board within 30 days of the date of that
decision.
3.15
Non-Conforming Building, Uses, and Sites
3.15.1 Any use of land or any building or structure lawfully existing at the time of passing this Bylaw
that is rendered non-conforming by the enactment of this Bylaw or any subsequent
amendments, may be continued, transferred, or sold in accordance with provisions of Section
88 to 93 inclusive, of The Planning and Development Act, 2007.
3.15.2 No enlargement, additions, or reconstruction of a non-conforming use, building or structure
shall be undertaken, except in conformance with these provisions.
3.15.3 No existing use, building or structure shall be deemed to be 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
reasonable equivalent to the metric standard herein established.
3.15.4 Where a building has been erected on or before the effective date of this Bylaw on a site having
less than the minimum dimensions or area, or having less than the minimum yards required 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:
a. The enlargement, reconstruction, repair, or renovation does not further reduce the
required yards that do not conform to this Bylaw;
b. All other applicable provisions of this Bylaw are satisfied; and
c. Issuance of a development permit required by this Bylaw.
3.16
Development Permit - Invalid
A development permit shall be automatically invalid and development shall cease, as the case may be:
a. If the development is not commenced within the period for which the Permit is valid;
b. If the development is legally suspended, or discontinued, for a period of six or more months,
unless otherwise indicated by Council or the Development Officer;
c. When development is undertaken in contravention of this bylaw, the Development Permit and
specified development standards; and/or
Page | 32
3.17
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.
3.18
Stop Work
The Development Officer may authorize action to stop any development which does not conform to this
Bylaw, a development or servicing agreement, a Development Permit or condition, or a caveat under
this Bylaw.
3.19
Bylaw Compliance
Errors and/or omissions by any person administering or required to comply with the provisions of this
Bylaw do not relieve any person from liability for failure to comply with the provisions of this Bylaw.
3.20
Registering In Interests
3.20.1 As per Section 175 of The Planning and Development Act, 2007, the municipality may register an
interest based on a development levy agreement or servicing agreement in the land registry
against the affected title.
3.20.2 On registration of an interest based on a development levy agreement or servicing agreement,
the rights and privileges in the development levy agreement:
a. Enure to the benefit of the municipality; and
b. Run with the land and are binding on the registered owner of the land the registered
owner's heirs, executors, administrators, successor, and assigns.
3.21
Moving of Buildings
No building shall be moved within or into or out of the area covered by this Bylaw without obtaining a
Development Permit from the Development Officer, unless such building is exempt under Section 3.4 of
this Bylaw.
3.22
Temporary Development Permits
The Development Officer may issue a temporary Development Permit, with specified conditions for a
specified period of time, to accommodate developments incidental to approved construction,
temporary accommodation, oil and gas sector activities, temporary gravel operations, or asphalt plants.
Nothing in this Bylaw shall prevent the use of land, or the erection or use of any building or structure for
a construction camp, work camp, tool shed, scaffold, or other building or structure incidental to and
necessary for construction work on the premises, though only for so long as such use, building, or
structure is necessary for such construction work as has not been finished or abandoned.
Page | 33
3.23
Development Agreements
3.23.1 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.
3.23.2 As per Section 171 of The Planning and Development Act, 2007, if the Council deems it is
necessary to do so, the Council or Development Officer may require the development permit
applicant to enter into a development levy agreement with the municipality respecting the
payment of the development levies.
3.24
Servicing Agreements
3.24.1 Where a development proposal involves subdivision, Council may require a developer to enter
into a servicing agreement to ensure appropriate servicing pursuant to The Planning and
Development Act, 2007. Council may direct the Administration to vary the agreement on a case-
by-case basis, or not require it.
3.24.2 In accordance with Sections 172 to 176 inclusive, The Planning and Development Act, 2007, the
agreement may provide for:
a. The undertaking and installation of storm sewers, sanitary sewers, drains, water mains
and laterals, hydrants, sidewalks, boulevards, curbs, gutters, street lights, graded,
graveled or paved streets and lanes, connections to existing services, area grading and
levelling of land, street name plates, connecting and boundary streets, landscaping of
parks and boulevards, public recreation facilities, or other works that Council may
require, including both on-site and off-site servicing;
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.
Page | 34
4: General Regulations
The following regulations shall apply to all Zoning Districts in the Bylaw.
4.1
Licenses, Permits, and Compliance with Other Bylaws and
Legislation
In their interpretation and application, the provisions of this Bylaw shall be held to be the minimum
requirements adopted for the promotion of the public health, safety, and general welfare. Nothing in
this Bylaw shall exempt any person from complying with the requirements of the Building Bylaw, or any
other Bylaw in force within the Town of Biggar or law within the Province of Saskatchewan or Canada; or
from obtaining any license, permission, permit, authority, or approval required by this or another Bylaw
of the Town of Biggar or any law of the Province of Saskatchewan or Canada. Where requirements in
this Bylaw conflict with those of any other municipal, provincial, or federal requirements, the provincial
and federal regulations 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, all provisions of this Bylaw relating to each use shall be complied with, though
no dwelling shall be located within 3.0 metres (9.8 ft) of any other building on the site except to a
building accessory to such dwelling.
4.4
Uses Permitted in all Zoning Districts
4.4.1 Nothing in this Bylaw shall prevent the use of any land as a public street or public park.
4.4.2 Nothing in this Bylaw shall prevent the erection of any properly authorized traffic sign or signal, or
any sign or notice of any local or other government department or authority.
4.4.3 Nothing in this Bylaw shall prevent the use of any land for the erection of buildings or structures,
or the installation of other facilities, essential to the operation of public works.
4.5
Number of Principal Buildings on a Site
4.5.1 Only one principal building shall be permitted on any one site except for the following:
a. Parks;
b. Schools;
c. Hospitals;
d. Recreation facilities;
e. Special care homes;
f. Senior citizen homes;
g. Approved dwelling groups and condominium developments.
Page | 35
4.5.2 Multiple unit residential buildings (e.g. duplex, fourplex) are considered to be one principal
building under this Bylaw, and all other uses and buildings on the site must be accessory.
4.6
Accessory Buildings, Uses and Structures
4.6.1 Subject to all other requirements of this Bylaw, an accessory building, use or structure is permitted
in any 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.
4.6.2 No accessory building may be constructed, erected, or moved on to any site prior to the time of
construction of the principal building to which it is accessory.
4.6.3 Where a building on a site is attached to a principal building by a solid roof or by structural rafters,
and where the solid roof or rafters extend at least one third of the length of the building wall that is
common with the principal building, the building is deemed to be part of the principal building.
4.7
Front Yard Reduction
Notwithstanding the minimum depth of front yard required by this Bylaw, where a site is situated
between two sites each of which contains a principal building which projects beyond the standard
required front yard depth, the front yard required on said site may be reduced to an average of the two
established front yards on the adjacent sites, though not to be less than 4.5 metres (15 ft) in a
Residential District unless otherwise permitted in this Bylaw.
4.8
Frontage for Irregular Sites
Where the site frontage is along a cul-de-sac, curve or is irregular, the minimum site frontage shall be
11.0 metres (36ft) and the mean site width shall not be less than the minimum frontage for regular sites
in the same Zoning District.
4.9
Permitted Yard Encroachments
4.9.1 Where minimum front, side or rear yards are required in any Zoning District, the following yard
encroachments shall be permitted:
a. Uncovered and open balconies, terraces, verandas, decks, and patios may have a maximum
projection from the main wall of 1.8 metres (6 ft) into any required front or rear yard.
b. Window sills, roof overhangs, eaves, gutters, bay windows, chimneys, and similar alterations
may project a distance of 0.6 metres (2 ft) into any required yard.
4.10
Grading and Levelling of Sites
4.10.1 Every development shall be graded and leveled at the owner's expense to provide for adequate
surface drainage that does not adversely affect adjacent property, or the stability of the land.
a. All excavations or filling shall be re-vegetated immediately after other construction activities
conclude, with a suitable ground cover as may be necessary to prevent erosion.
b. All vegetation and debris in an area to be re-graded or filled must be removed from the site
prior to site grading and levelling.
Page | 36
c. All topsoil from an area that is to be re-graded must be stripped, stockpiled, and replaced on the
re-graded area, or re-located to a site approved by the Council.
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
Signage on Natural and Human Heritage Sites
Small plaques, markers, and interpretation signs will be encouraged on properties that have significant
natural or human heritage resources, with the approval of the owner, and where the signage is
appropriate in scale, design, and placement with the site and surrounding area, and does not cause
safety concerns or negatively impact the heritage value of the site.
4.14
Buffer Strips
Buffer strips are intended to improve land use compatibility and environmental quality by reducing
noise, lighting glare and other nuisances. Buffer strips may be required to separate uses from adjacent
properties, in which the approval authority will determine the size and width.
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 lane 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
4.16.1 Satellite dishes in excess of 1.4 metres (4.6 ft) in diameter shall not be located in any front yard,
side yard, 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.
4.16.2 Satellite dishes located in Residential Districts, which exceed 1.4 metres (4.6 ft) 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
4.16.3 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.
Page | 37
4.17
Projections in Yards
The following projections in yards may be permitted subject to the setback requirements of the National
Building Code:
4.17.1 Residential Districts
Front Yards
a. Cantilevered construction for bay windows, bow windows, chimney chases, bookcases, built in
cabinets, gutters, window sills, canopies, eaves, and fire escapes to a maximum projection of 1.5
metres (5 ft);
b. Overhead walkway canopies, unenclosed decks no higher than 0.61 metres (2 ft) above the
finished grade, cantilevered balconies, porches and steps to a maximum projection of 1.8
metres (6 ft).
Rear Yards
a. Cantilevered construction for bay windows, bow windows, chimney chases, bookcases, built in
cabinets, gutters, window sills, canopies, eaves, and fire escapes to a maximum projection of 1.5
metres (5 ft);
b. Unenclosed decks no higher than 0.61 metres (2 ft), balconies, porches, and steps to a maximum
projection of 3 metres (10 ft).
Side Yards
a. The following features may project into a required side yard:
i.
Bay windows, window boxes and sills, belt courses, cornices, eaves, and gutters to a
maximum projection of 0.61 metres (2 ft); and
ii.
Cantilevered construction of fire escapes, chimney chases, bow windows, bookcases,
built in cabinets, balconies, and canopies to a maximum projection of 0.61 metres (2 ft)
provided that the total area of all cantilevered features shall not exceed a maximum of
50 percent of the facial area of the wall adjacent to the side yard measured above the
foundation.
b. Unenclosed decks no higher than 0.61 metres (2 ft) above the finished grade may project to the
side of the property line, but not encroach onto neighbouring property.
c. No projections shall be permitted within a side yard required for vehicular access or parking
where any portion of the said projection would be at an elevation lower than 2.5 metres (8 ft)
above the finished grade elevation measured at the corresponding side wall of the building.
4.17.2 Commercial and Industrial Districts
a. In any Commercial or Industrial District, where minimum front or rear yards are required, such
minimum requirement shall not apply to prevent the construction or location of chimney
chases, fire escapes, steps, eaves and gutter of 0.61 metres (2 ft) or less.
b. In the C2 - Highway Commercial District, where minimum front yards are required for hotels
and motels, such minimum requirement shall not apply to prevent the construction of an
entrance overhead canopy, which may project into a required front yard to a maximum of 6
metres (19.69 ft) but the reduced front yard shall not be less than 7.5 metres (24.61 ft).
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4.18
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.
4.19
Trailer, Box Cars, Sea and Rail Containers
Trailer, Box Cars, Sea and Rail Containers shall be subject to the regulations outlined in the respective
Zoning Districts.
4.20
Swimming Pools
4.20.1 Swimming pools shall be subject to the requirements of The Purpose of Regulating and Ensuring
the Safe Operation of Private Swimming Pools/Hot Tubs Bylaw of the Town of Biggar.
4.21
Signage
4.21.1 No sign shall be located in any manner that would visually obstruct or jeopardize the safety of
others.
4.21.2 Signs shall not interfere with traffic signs or lights, visibility or safety at intersections, public
utilities, landscaping or street furniture.
4.21.3 Where intermittent lights are deemed to be a safety hazard by Council or a duly appointed police
officer by the Town, such lights shall be converted to a steady source of illumination.
4.21.4 Where signs are to be placed adjacent to a Provincial highway, they shall be subject to
Saskatchewan Highways and Infrastructure regulations where applicable.
4.22
Disposal of Wastes
4.22.1 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, channelled, or other bodies of water, onto or
beneath the surface of any land, or into the air.
4.22.2 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 Water Security Agency.
Disposal of liquid, solid, or gaseous waste shall be governed by Acts administered by Saskatchewan
Agriculture, Saskatchewan Environment, Saskatchewan Health and the Water Security Agency.
4.23
Solid and Liquid Waste Disposal Facilities
Municipal and commercial solid or liquid waste disposal facilities are subject to the following conditions:
a. The facility will be located as near as practical to the source of waste;
b. The facility will have undergone satisfactory review as required by Provincial Authorities for
environmental assessment and operation design;
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c. The facilities will be located at least 457 metres (1499.3 ft) for liquid waste and for solid
waste from any residence or recreational use;
d. The development of any new disposal sites shall take into consideration seasonal winds;
e. Adequate precautions shall be taken to prevent pollution of ground water by disposal
operations;
f. Solid waste disposal facilities shall be located in proximity to an all-weather road; and,
g. Council may apply special standards for screening, fencing and reclamation of the site.
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5: Discretionary Use Standards for Development
5.1
Terms and Conditions for Discretionary Use Approvals
This Section addresses special provisions and specific development standards that apply to the following
developments. These standards apply in addition to any standards of the 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.
5.2
General Discretionary Use Evaluation Criteria
Council will apply the following general criteria, and where applicable, the specific criteria found in the
respective Zoning District, in the assessment of the suitability of an application for a discretionary use or
discretionary form of development.
5.2.1
The proposal must be in conformance with all relevant sections of the Official Community Plan
and must demonstrate that it will maintain the character, density, and purpose of the zoning
district, where necessary through the provision of buffer areas, separation and screening.
5.2.2
The proposal must be capable of being economically serviced by community infrastructure
including roadways, water and sewer services, solid waste disposal, parks, schools, and other
utilities and facilities.
5.2.3
The proposal must demonstrate that it is not detrimental to the health, safety, convenience or
general welfare of persons residing or working in the vicinity or injurious to property,
improvements, or potential development in the vicinity.
5.2.4
The proposal must provide sufficient landscaping and screening, and wherever possible, shall
preserve existing vegetation.
5.2.5
The proposal must demonstrate that any additional traffic generated by the use, can be
adequately provided for in the existing parking and access arrangements. Where this is not
possible further appropriate provisions shall be made so as to ensure no adverse parking or
access effects occur.
5.2.6
Consideration will be given to the presence of activities already located in the area and on the
site, and their effect on the surrounding residential environment, such as the cumulative
effect of locating an activity on a site adjacent to or already accommodating an activity that
may currently generate traffic, noise, etc. not in keeping with the character of the adjacent
area.
5.2.7
Consideration will be given to addressing pedestrian safety and convenience of both within
the site and in terms of the relationship to the road network in and around the adjoining area.
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5.2.8
All operations shall comply with all regulations of Saskatchewan Environment and
Saskatchewan Labour which govern their operation and development.
5.2.9
Proposals for discretionary uses which may result in heavy truck traffic, particularly in
commercial and industrial districts, should be located to ensure that such traffic takes access
to or from major streets or designated truck routes.
5.3
Home Occupations
Home-based occupations and businesses will be accommodated provided that they are clearly
secondary to the principal residential use of the dwelling unit or accessory building, compatible
with the surrounding residential area, and not of a size that provide services or products that
would detrimentally affect the viability of the neighbourhood.
All Business Permits 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 neighbourhood.
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 no greater than 0.56 m2 (6 ft2) shall be allowed 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.
o Parking of vehicles of employees hired for off-site jobs shall not be allowed at or in the
vicinity of the dwelling unit.
5.4
Secondary Suites
Secondary suites may be constructed within a principal, single detached dwelling in a residential
zone. A maximum of two secondary suites are 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.
No suite may have more than two bedrooms.
5.5
Modular Homes
All modular homes shall be placed on a permanent concrete foundation at a standard
comparable to a single detached dwelling.
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o All modular homes shall be multi-modular, with the width approximately equivalent to the
length;
o All modular homes shall be complementary to 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.
5.6
Bed and Breakfast Homes
Bed and Breakfast Homes are subject to the following conditions:
A bed and breakfast home may be located in a detached one unit dwelling or in a semi-detached
dwelling. No exterior alterations shall be undertaken which would be inconsistent with the
residential character of the building or property.
Bed and breakfast homes shall be located in a single detached dwelling used as the operator's
principal residence and shall be licensed by the Ministry of Health.
A maximum of ten guest bedrooms shall be permitted in a dwelling operating as bed and
breakfast homes.
Required parking spaces may be permitted in a required front yard.
One advertising display sign located on the site or premise advertising the bed and breakfast
home is permitted. The facial area of a sign shall not exceed 0.5 m² (5 ft2).
5.7
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.
Required parking spaces may be located in a required front yard.
5.8
Adult Day Cares
Adult Day Care Centres are subject to the following conditions:
Adult day care facilities may be approved as an accessory use or as a principal use.
In any Residential District, no exterior alterations shall be undertaken to a dwelling or former
dwelling which would be inconsistent with the residential character of the building or property.
Required parking spaces may be located in a required front yard.
5.9
Personal Care Homes
Personal care homes, where allowed in a single detached dwelling in a Residential Zoning District, shall
be subject to the following standards:
The personal care home shall maintain the single detached residential character of the property
consistent with the neighbourhood.
The operator of the personal care home should be a permanent resident of the dwelling
licensed as a personal care home.
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The maximum number of residents allowed in a personal care home shall be 10 residents.
A personal care home shall meet all of the regulations for a single detached dwelling as
prescribed for the zoning district in which it is located.
A maximum of two personal care homes will be allowed in a block and may be located on the
same side of the street or on opposite sides of the street.
Any changes resulting in the increase in the number of residents to the maximum above or an
increase in the area devoted to a personal care home or alterations or additions to the structure
used as a personal care home shall require a new development permit for a discretionary use.
The operator may advertise the operation of the personal care home with a sign no larger than
0.56 m2 (6 ft2).
Parking will be required.
5.10
Garden (Granny) Suites
A single Garden Suite may be placed in the back yard of a single-detached residential development
under the following conditions:
There is no secondary suite in the primary residence.
The Garden Suite dwelling unit is a temporary use and shall be permitted for a five-year term,
which may be renewed at Council's discretion. The landowner shall enter into an agreement
that the land shall not be considered for subdivision.
The owner(s) of the host residence must live on the site, and at least one resident of the primary
dwelling and one resident of the Garden Suite shall be related by blood, marriage, or legal
adoption.
Except for infant children (up to two years of age) of a resident of the Garden Suite dwelling,
there shall be no more than two residents.
The occupant(s) of the Garden Suite should be able to benefit from the informal care and
support of relatives in the primary residence, or provide care and support to family in the
primary residence.
The floor area of the Garden Suite dwelling shall not be less than 35 m² (377 ft2) and not greater
than 90 m² (969 ft2). The Garden Suite shall not be located on a permanent foundation to allow
the structure to be removed from the property when it is no longer required by a relative of the
permanent resident.
The maximum height of the Garden Suite shall not exceed 5.0 metres (16 ft) from grade level
and shall have only one story.
Garden Suite dwellings shall only be located on sites where the dwelling can be serviced by
existing utilities and can be hooked up to the services of the host residence.
Residents of the Garden Suite must have access to the rear yard amenities.
The combined site coverage of the single detached dwelling and Garden Suite dwelling shall not
exceed the maximum coverage permitted by this Zoning Bylaw, and the accessory dwelling shall
be placed so that all other setback requirement of the Zoning Bylaw are met;
A parking space shall be provided on site for the resident(s) of the Garden Suite dwelling.
There shall be direct and separate access to the Garden Suite dwelling by on-site driveway, or by
public roadway or alley.
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5.11
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 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.
No building or structure used for the purpose of a residential care home shall be used for the
purpose of keeping boarders or lodgers.
5.12
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 metres (15 ft) which shall contain no buildings.
The operator of a campground shall designate a campsite for each trailer coach or tent party,
with its corners clearly marked.
One permanent sign located on site advertising the campground is permitted per site;
o The facial area of a sign shall not exceed 4.6 m² (50 ft2);
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 (11 ft2) 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 metres (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 metres (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, public shower/washroom facility and
maintenance shop 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.
5.13
Above Ground Fuel Storage Tanks
Above ground fuel storage tanks are subject to the following conditions:
Above ground fuel storage tanks which meet the standards of the National Fire Code and which
have a maximum capacity of 50,000 litres may be permitted in association with service stations,
Page | 45
gas bars, and other permitted industrial or commercial uses where the dispensing of fuel to
vehicles is a standards 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 metres (10 ft) from any
property line or building, the 3.0 metres (10 ft) separation distance may be reduced to 1.0
metre (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 metres (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 metres (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 metres (10 ft) from any property
line, at least 7.5 metres (25 ft)from any open flame or other ignition source, and at least 4.5
metres (15 ft) from any door or window.
For service stations and gas bars, the dispensing equipment associated with above ground fuel
storage tanks shall be located at least 6.0 metres (20 ft) from any property line, at least 7.5
metres (25 ft) from any open flame or other ignition source, and at least 4.5 metres (15 ft) from
any door or window.
Above ground fuel storage tanks shall be protected from vehicles with suitable posts, guardrails
or other similar 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 of signage may be located on above-ground fuel storage tanks
subject to the sign regulations in the Zoning District.
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6: Zoning Districts and Zoning Map
6.1
Zoning Districts
For the purpose of this Bylaw, the Town of Biggar 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.
R1
Residential
C1
Core Commercial
R1A
Residential Narrow Lot
C2
Highway Commercial
R2
Multiple Dwelling Residential
IND 1
Light Industrial
CS
Community Services
IND 2
Heavy Industrial
CS2
Passive Community Services
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. 15-763
adopted by the Town of Biggar", signed by the Mayor and the Town Administrator under the seal of the
Town, shall be known as the "Zoning District Map", and such map is hereby declared to be an integral
part of this Bylaw.
6.3
Boundaries of Zoning Districts
6.3.1 The boundaries of the Districts referred to in this Bylaw, together with an explanatory legend,
notations and reference to this Bylaw, are shown on the map entitled, "Zoning District Map."
6.3.2 Unless otherwise shown, the boundaries of Zoning Districts are site lines, centre lines of streets,
lanes, road allowances, or such lines extended and the boundaries of the municipality.
6.4
Holding Designation
6.4.1 Where on the Zoning District Map the symbol for a Zoning District has suffixed to it the holding
symbol "H"; any lands so designated on the map shall be subject to a holding provision in accordance
with Section 71 of The Planning and Development Act, 2007.
6.4.2 Any lands subject to a holding provision shall only be used for the following uses:
a. Those uses existing on the lands when the "H" is applied; and,
b. Public works.
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7: R1 - Residential District
The purpose of the Residential District (R1) is to accommodate primarily single family detached
residential dwellings.
No person shall within any R1-Residential District use 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 a RTM;
b. Uses, buildings and structures accessory to the foregoing permitted uses and located on the
same site with the main use;
c. 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 R1 - Residential District though only by resolution of
Council and only in locations specified in such resolution of Council.
a. Semi-detached, duplex dwelling, fourplex, townhouses and other multi-unit dwellings;
b. Modular homes (refer to Section 5.5);
c. Secondary suites (refer to Section 5.4);
d. Home occupations, home based businesses(refer to Section 5.3);
e. Child day care (refer to Section 5.7);
f. Adult day care (refer to Section 5.8)
g. Bed and breakfast homes (refer to Section 5.6);
h. Personal care homes (refer to Section 5.9).
7.3
Site Development Regulations
Public works shall have no minimum or maximum site requirements.
Single-Detached, RTM and Modular Homes
Minimum site area
464 m2 (4995 ft2) where the lot is served by the lane, otherwise 557 m2
(5996 ft2)
Minimum floor area
97.5 m2 (1050 ft2)
Minimum site frontage
Rectangular lots: 15 metres (49 ft) where the lot is served by a lane
otherwise 18 metres (59 ft)
Non-rectangular lots: 11 metres (36 ft) with a mean width of 15 metres (49
ft) over the first 30 metres (98 ft) measured from the front lot line where
there is a lane, otherwise 15 metres (49 ft) with a mean width of 18 metres
(59 ft) measured from the front lot line
Height
9.0 metres (30 ft) for Principal buildings
Maximum site coverage
40% or 50% on a corner site
Page | 48
Minimum front yard
7.5 metres (25 ft)
Minimum rear yard
7.5 metres (25 ft) except that for a corner lot, where access to an attached
garage is obtained from a side lot line (flankage), the minimum rear yard
shall be 3.0 metres (10 ft)
Minimum side yard
1.2 metres (4 ft) except that for a corner lot, the minimum side yard shall
be 3.0 metres (10 ft) from a side lot line, however, where access to an
attached garage is obtained from a side lot line, the minimum side yard
shall be 6.0 metres (20 ft)
Semi-Detached and Duplex Dwellings (per dwelling unit)
Minimum site area
255 m2 (2745 ft2) with a lane, 315 m2 (3390 ft2) without a lane
Minimum floor area
70 m² (753 ft2)
Minimum site frontage
8.5 metres (28 ft) with a lane, 10.5 metres (35 ft) without a lane
Height
9.0 metres (30 ft) for principal buildings
Maximum site coverage
40% and 50% on a corner site
Minimum front yard
7.5 metres (25 ft)
Minimum rear yard
1.2 metres (4 ft)
Minimum side yard
1.5 metres (5 ft) except that for a corner lot, the minimum side yard shall be
3 metres (10 ft) from a side lot line (flankage), however, where access to an
attached garage is obtained from a side lot line, the minimum side yard
shall be 6.0 metres (20 ft)
Public Playgrounds and Swimming Pools
Minimum site area
No minimum
Minimum floor area
No minimum
Minimum site frontage
No minimum
Maximum site coverage
No maximum
Minimum front yard
7.5 metres (25 ft)
Minimum rear yard
No minimum
Minimum side yard
3.0 metres (10 ft)
Other Discretionary Uses:
Child day care; Adult day care; Bed and breakfast homes; Personal care homes
Minimum site area
464 m2 (4,993 ft2)
Minimum site frontage
15 m² (49 ft2) where the lot is served by a lane, otherwise 18 metres (59 ft)
Height
12 metres (39 ft) with a lane, 15 metres (49 ft) without a lane
Page | 49
Maximum site coverage
9.0 metres (30 ft) for Principal Buildings
Minimum parking spaces
40% and 50% on a corner site
Minimum front yard
7.5 metres (25 ft)
Minimum rear yard
7.5 metres (25 ft)
Minimum side yard
3.0 metres (10 ft)
7.4
Accessory Buildings and Structures
Maximum floor area and
height
All accessory buildings shall not exceed 83.6 m² (900 ft2) in area.
Maximum height
Height of accessory buildings shall not exceed 5.0 metres (16 ft).
Minimum front yard
6.0 metres (20 ft) from the front site line, 1. 2 metres (4 ft) from the
principal building.
Minimum rear yard
1.2 metres (4 ft)
Minimum side yard
.4572 metres (1.5 ft) provided there is no encroachment of overhang and
eve beyond the side yard onto neighbouring property, except in the case of
a corner lot and where access to the structure is obtained from the flankage
street, all accessory uses, buildings, structures shall maintain a minimum
side yard of 1.2 metres (4 ft) from the side lot line on the flankage street.
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. Garages shall be setback at least 1.8 metres (6 ft) from the principal building;
c. A carport, consisting of a roof and supporting columns or structures which are not permanent
walls, is permitted to encroach into any required side yard as long as the supporting structures
are set back a minimum of 0.3 metres (1 ft) from the side lot line and the roof does not project
past the side lot line;
d. 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;
e. All activities related to artisan studios, crafts and workshops shall be conducted within an
enclosed building. No exterior storage of materials, goods, or waste products is permitted,
except within a waste disposal bin for collection;
f. 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;
g. 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. Structures shall be no larger than 22.3 m2 (240 ft2);
h. Mobile storage containers (i.e. rail and sea containers) shall be permitted on all residential sites
in a rear yard. Structures shall be no larger than 9.3 m2 (100 ft2).
Page | 50
7.5
Fence and Hedge Heights
Subject to traffic sight lines, the following height limitations shall apply to fences, walls, chain-link fences
and hedges:
a. No hedge, fence or other structure shall be erected past any property line;
b. In a required front yard, to a height no greater than 1.0 metre (3 ft) above grade level;
c. In a required side or rear yard, to a height no greater than 2.7 metres (9 ft) above grade level;
d. In the case of a corner lot, no wall, fence, hedge or shrub shall interfere or block the view for
vehicular traffic in a sight triangle;
e. Except permitted accessory buildings, no fence or other structure shall be erected to a height of
more than 2.0 metres (7 ft).
7.6
Parking
Off-street parking requirements shall be provided in accordance with the following:
Single detached, RTM
and modular homes
2 spaces per unit
Semi-detached, duplex
and multi-unit dwellings
2 spaces per unit
Public works
No requirements
Playgrounds and
swimming pools
No requirements
Day care centres and
pre-schools
1 space plus 1 additional space for every 10 persons enrolled in the facility.
Adult day cares
1 space plus 1space per 5 persons enrolled in the facility.
7.7
Outdoor 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 for a discretionary use approval regarding
the location of areas used for storage for that use;
c. No wrecked, partially dismantled or inoperable vehicle or machinery shall be stored or displayed
in any required yard. No yard shall be used for the storage or collection of hazardous material;
d. Council may require special standards for the location setback or screening of any area devoted
to the outdoor storage of vehicles in operating condition, equipment, and machinery normally
used for the maintenance of the residential property, vehicles or vehicular parts;
e. Provision shall be made for the owner of the property to temporarily display a maximum of
either one (1) vehicle or recreation vehicle in operating condition that is for sale at any given
point in time.
7.8
Standards for Discretionary Uses
All discretionary use applications shall follow the general discretionary use evaluation criteria as
outlined in Section 5.2 and others that may be specified.
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7.8.1 Semi-Detached, Duplex Dwellings, Fourplex or Townhouses and Other Multi-Unit Dwellings:
a.
Council shall give consideration to the locations on major streets and that the development will
not cause excessive traffic through existing low density residential areas.
7.8.2 Off-street parking spaces for adult 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 | 52
8: R1A - Residential Narrow Lot District
The purpose of the Residential District (R1A) is to accommodate primarily single family detached
residential dwellings for smaller lots that exist within the Town.
No person shall within any R1-Residential District use 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, which includes a RTM;
b. Uses, buildings and structures accessory to the foregoing permitted uses and located on the
same site with the main use;
c. Playgrounds and swimming pools;
d. Public works buildings and structures excluding offices, warehouses, storage yards and waste
management or sewage facilities.
8.2
Discretionary Uses
The following uses may be permitted in the R1A - Residential District though only by resolution of
Council and only in locations specified in such resolution of Council.
a. Semi-detached, duplex dwelling, fourplex, townhouses and other multi-unit dwellings;
b. Modular homes (refer to Section 5.5);
c. Secondary suites (refer to Section 5.4);
d. Home occupations, home based businesses(refer to Section 5.3);
e. Child day care (refer to Section 5.7);
f. Adult day care (refer to Section 5.8)
g. Bed and breakfast homes (refer to Section 5.6);
h. Personal care homes (refer to Section 5.9).
8.3
Site Development Regulations
Public works shall have no minimum or maximum site requirements.
Single-Detached, RTM and Modular Homes
Minimum site area
232 m2 (2497 ft2) where the lot is served by the lane, otherwise 278.5 m2
(2998 ft2)
Minimum floor area
97.5 m2 (1050 ft2)
Minimum site frontage
Rectangular lots: 7.5 metres (25 ft)
Height
9.0 metres (30 ft) for Principal buildings
Maximum site coverage
40% or 50% on a corner site
Minimum front yard
7.5 metres (25 ft)
Minimum rear yard
7.5 metres (25 ft) except that for a corner lot, where access to an attached
garage is obtained from a side lot line (flankage), the minimum rear yard
shall be 3.0 metres (10 ft)
Page | 53
Minimum side yard
1.2 metres (4 ft) except that for a corner lot, the minimum side yard shall
be 3.0 metres (10 ft) from a side lot line, however, where access to an
attached garage is obtained from a side lot line, the minimum side yard
shall be 6.0 metres (20 ft)
Semi-Detached and Duplex Dwellings (per dwelling unit)
Minimum site area
255 m2 (2745 ft2) with a lane, 315 m2 (3390 ft2) without a lane
Minimum floor area
70 m² (753 ft2)
Minimum site frontage
8.5 metres (28 ft) with a lane, 10.5 metres (35 ft) without a lane
Height
9.0 metres (30 ft) for principal buildings
Maximum site coverage
40% and 50% on a corner site
Minimum front yard
7.5 metres (25 ft)
Minimum rear yard
1.2 metres (4 ft)
Minimum side yard
1.5 metres (5 ft) except that for a corner lot, the minimum side yard shall be
3 metres (10 ft) from a side lot line (flankage), however, where access to an
attached garage is obtained from a side lot line, the minimum side yard
shall be 6.0 metres (20 ft)
Public Playgrounds and Swimming Pools
Minimum site area
No minimum
Minimum floor area
No minimum
Minimum site frontage
No minimum
Maximum site coverage
No maximum
Minimum front yard
7.5 metres (25 ft)
Minimum rear yard
No minimum
Minimum side yard
3.0 metres (10 ft)
Other Discretionary Uses:
Child day care; Adult day care; Bed and breakfast homes; Personal care homes
Minimum site area
464 m2 (4,993 ft2)
Minimum site frontage
15 m² (49 ft2) where the lot is served by a lane, otherwise 18 metres (59 ft)
Height
12 metres (39 ft) with a lane, 15 metres (49 ft) without a lane
Maximum site coverage
9.0 metres (30 ft) for Principal Buildings
Minimum parking spaces
40% and 50% on a corner site
Minimum front yard
7.5 metres (25 ft)
Page | 54
Minimum rear yard
7.5 metres (25 ft)
Minimum side yard
3.0 metres (10 ft)
8.4
Accessory Buildings and Structures
Maximum floor area and
height
All accessory buildings shall not exceed 83.6 m² (900 ft2) in area.
Maximum height
Height of accessory buildings shall not exceed 5.0 metres (16 ft).
Minimum front yard
6.0 metres (20 ft) from the front site line, 1. 2 metres (4 ft) from the
principal building.
Minimum rear yard
1.2 metres (4 ft)
Minimum side yard
.4572 metres (1.5 ft) provided there is no encroachment of overhang and
eve beyond the side yard onto neighbouring property, except in the case of
a corner lot and where access to the structure is obtained from the flankage
street, all accessory uses, buildings, structures shall maintain a minimum
side yard of 1.2 metres (4 ft) from the side lot line on the flankage street.
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. Garages shall be setback at least 1.8 metres (6 ft) from the principal building;
c. A carport, consisting of a roof and supporting columns or structures which are not permanent
walls, is permitted to encroach into any required side yard as long as the supporting structures
are set back a minimum of 0.3 metres (1 ft) from the side lot line and the roof does not project
past the side lot line;
d. 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;
e. All activities related to artisan studios, crafts and workshops shall be conducted within an
enclosed building. No exterior storage of materials, goods, or waste products is permitted,
except within a waste disposal bin for collection;
f. 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;
g. 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. Structures shall be no larger than 22.3 m2 (240 ft2);
h. Mobile storage containers (i.e. rail and sea containers) shall be permitted on all residential sites
in a rear yard. Structures shall be no larger than 9.3 m2 (100 ft2).
8.5
Fence and Hedge Heights
Subject to traffic sight lines, the following height limitations shall apply to fences, walls, chain-link fences
and hedges:
a. No hedge, fence or other structure shall be erected past any property line;
b. In a required front yard, to a height no greater than 1.0 metre (3 ft) above grade level;
Page | 55
c. In a required side or rear yard, to a height no greater than 2.7 metres (9 ft) above grade level;
d. In the case of a corner lot, no wall, fence, hedge or shrub shall interfere or block the view for
vehicular traffic in a sight triangle;
e. Except permitted accessory buildings, no fence or other structure shall be erected to a height of
more than 2.0 metres (7 ft).
8.6
Parking
Off-street parking requirements shall be provided in accordance with the following:
Single detached, RTM
and modular homes
2 spaces per unit
Semi-detached, duplex
and multi-unit dwellings
2 spaces per unit
Public works
No requirements
Playgrounds and
swimming pools
No requirements
Day care centres and
pre-schools
1 space plus 1 additional space for every 10 persons enrolled in the facility.
Adult day cares
1 space plus 1 space per 5 persons enrolled in the facility.
8.7
Outdoor 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 for a discretionary use approval regarding
the location of areas used for storage for that use;
c. No wrecked, partially dismantled or inoperable vehicle or machinery shall be stored or displayed
in any required yard. No yard shall be used for the storage or collection of hazardous material;
d. Council may require special standards for the location setback or screening of any area devoted
to the outdoor storage of vehicles in operating condition, equipment, and machinery normally
used for the maintenance of the residential property, vehicles or vehicular parts;
e. Provision shall be made for the owner of the property to temporarily display a maximum of
either one (1) vehicle or recreation vehicle in operating condition that is for sale at any given
point in time.
8.8
Standards for Discretionary Uses
a. All discretionary use applications shall follow the general discretionary use evaluation criteria as
outlined in Section 5.2 and others that may be specified.
b. Specific Discretionary Use Evaluation Criteria for semi-detached, duplex dwellings, 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
areas.
Page | 56
c. Off-street parking spaces for adult 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 | 57
9: R2 - Residential Multiple Dwelling District
The purpose of the Residential Multiple Dwelling District (R2) is to accommodate a variety of high
density residential development including single-detached residences, semi-detached residences,
townhouses, and multi-unit dwellings.
No person shall within any R2-Residential Multiple Dwelling District use any land or erect, alter or use
any building or structure except in accordance with the following provisions:
9.1
Permitted Uses
a. One single-detached dwelling, including a RTM;
b. Semi-detached, duplex dwelling, fourplex, or townhouses and other multiple unit dwellings;
c. Uses, buildings and structures accessory to the foregoing permitted uses and located on the
same site with the main use;
d. Parks and playgrounds;
e. Public works, buildings and structures, excluding offices, shops, warehouses, storage yards, and
waste management or sewage facilities.
9.2
Discretionary Uses
The following uses may be permitted in the R2 - Residential Multiple Dwelling District though only by
resolution of Council and only in locations specified in such resolution of Council.
a. Modular homes (refer to Section 5.5);
b. Fourplex or townhouses and other multiple unit dwellings;
c. One secondary suite (refer to Section 5.4);
d. Bare land condominium developments;
e. Home occupations, home based businesses (refer to Section 5.3);
f. Child day care (refer to Section 5.7);
g. Adult day care (refer to Section 5.8);
h. Bed and breakfast homes (refer to Section 5.6);
i.
Personal care homes (refer to Section 5.9);
j.
Swimming pools.
9.3
Site Development Regulations
Public work shall have no minimum or maximum site requirements.
Single-Detached, RTM and Modular Homes
Minimum site area
464 m2 (4995 ft2) where the lot is served by a lane, otherwise 557 m2 (5996
ft2)
Minimum floor area
70 m2 (753 ft2)
Minimum site frontage
Rectangular lots: 15 metres (49 ft) where the lot is served by a lane,
otherwise 18 metres (59 ft).
Non-rectangular lots: 11 metres (36 ft) with a mean width of 15 metres (49
ft) over the first 30 metres (98 ft) measured from the front lot line where
there is a lane, otherwise 15 metres (49 ft) with a mean width of 18 metres
(59 ft) measure from the front lot line.
Page | 58
Height
9.0 metres (30 ft) for principal buildings
Maximum site coverage
40% or 50% on a corner site
Minimum front yard
7.5 metres (25 ft)
Minimum rear yard
7.5 metres (25 ft) except that for a corner lot, where access to an attached
garage is obtained from a side lot line (flankage), the minimum rear yard
shall be 3.0 metres (10 ft)
Minimum side yard
1.2 metres (4 ft) except that for a corner lot, the minimum side yard shall
be 3.0 metres (10 ft) from a side lot line, however, where access to an
attached garage is obtained from a side lot line, the minimum side yard
shall be 6.0 metres (20 ft)
Semi-Detached and Duplex (per dwelling unit)
Minimum site area
278 m2 (2992 ft2)
Minimum floor area
46 m2 (495 ft2) except for one bedroom units, in which case the minimum
shall be 30 m2 (325 ft2)
Minimum site frontage
9.0 metres (30 ft) where the lot is served by a lane otherwise 10.5 metres
(34 ft)
Height
9.0 metres (30 ft) for principal buildings
Maximum site coverage
50%
Minimum front yard
7.5 metres (25 ft)
Minimum rear yard
7.5 metres (25 ft) except that for a corner lot, where access to an attached
garage is obtained from a flankage street, the minimum rear yard shall be
3.0 metres (10 ft)
Minimum side yard
1.2 metres (4 ft) except that for a corner lot, where access to an attached
garage is obtained from a flankage street, the minimum rear yard shall be
3.0 metres (10 ft) from a flankage street, however, where access to an
attached garage is obtained from a flankage street, the minimum side yard
shall be 6.0 metres (20 ft)
Townhouse, Fourplex, and other Multiple Unit Dwellings
Minimum site area
185 m2 (1991 ft2) for each dwelling unit
Minimum floor area
46 m² (495 ft2) except for one bedroom units, in which case the minimum
shall be 30 m2 (325 ft2)
Minimum site frontage
6 metres (20 ft)
Height
9.0 metres (30 ft or 3 stories)
Maximum site coverage
50%
Minimum parking spaces
1.5 spaces/dwelling unit
Page | 59
Minimum front yard
7.5 metres (25 ft)
Minimum rear yard
6 metres (20 ft)
Minimum side yard
1.5 metres (5 ft) or 50% of the average wall height, whichever is greater
Apartment Buildings
Minimum site area
360 m² (3875 ft2) per dwelling unit at grade level or main floor plus 65 m2
(700 ft2) for each additional unit above the main floor
Minimum floor area
46 m² (495 ft2) except for one bedroom units, in which case the minimum
shall be 30 m2 (325 ft2)
Minimum site frontage
30.0 metres (98 ft)
Maximum site coverage
50% interior site, 60% corner site
Minimum front yard
7.5 metres (25 ft)
Minimum rear yard
7.5 metres (25 ft)
Minimum side yard
3.0 metres (10 ft) or 50% of the average wall height whichever is greater
Bare Land Condominium Development
General Regulations
Minimum site frontage
The whole lot or site on which the entire bare land condominium is
developed upon shall have a minimum frontage of 18 metres (59 ft)
Single Detached/Semi-Detached Dwellings/RTM Bare Land Units (per unit)
Minimum site area
415 m2 (4467 ft2)
Minimum site frontage
15 metres (49 ft)
Maximum site coverage
50%
Minimum front yard
3 metres (10 ft)
Minimum rear yard
3 metres (10 ft)
Minimum side yard
1.2 metres (4 ft)
Multiple Unit Dwelling Bare Land Units (per unit)
Minimum site area
557 m2 (5,996 ft2) plus 70 m2 (754 ft2) for each ground floor dwelling unit in
excess of 3
Minimum site frontage
15 metres (49 ft)
Maximum site coverage
50%
Minimum front yard
3 metres ( 10 ft)
Minimum rear yard
3 metres (10 ft)
Page | 60
Minimum side yard
1.2 metres (4 ft)
Row/Town housing Bare Land Units (per unit)
Minimum site area
185 m2 (1,991 ft2) for each dwelling unit
Minimum site frontage
6 metres (20 ft)
Maximum site coverage
50%
Minimum front yard
3 metres (10 ft)
Minimum rear yard
3 metres (10 ft)
Minimum side yard
1.2 metres (4 ft)
Public Playgrounds and Swimming Pools
Minimum site area
No minimum
Minimum floor area
No minimum
Minimum site frontage
No minimum
Maximum site coverage
No maximum
Minimum front yard
7.5 metres (25 ft)
Minimum rear yard
No minimum
Minimum side yard
3.0 metres (10 ft)
Other Discretionary Uses:
Child Day Care; Adult Day Care; Bed and Breakfast Homes; Personal Care Homes
Minimum site area
464 m2 (4,993 ft2)
Minimum floor area
15 m² (49 ft2) where the lot is served by a lane, otherwise 18 metres (59 ft)
Minimum site frontage
12 metres (39 ft) with a lane, 15 metres (49 ft)without a lane
Height
9.0 metres (30 ft) for Principal Buildings
Maximum site coverage
40% and 50% on a corner site
Minimum front yard
7.5 metres (25 ft)
Minimum rear yard
7.5 metres (25 ft)
Minimum side yard
3.0 metres (10 ft)
9.4
Accessory Buildings and Structures
Maximum floor area and
height
All accessory buildings shall not exceed 83.6 m² (900 ft2) in area.
Maximum height
Height of accessory buildings shall not exceed 5.0 metres (16 ft).
Page | 61
Minimum front yard
6.0 metres (20 ft) from the front site line, 1. 2 metres (4 ft) from the
principal building.
Minimum rear yard
1.2 metres (4 ft)
Minimum side yard
.4572 metres (1.5 ft) provided there is no encroachment of overhang and
eve beyond the side yard onto neighbouring property, except in the case of
a corner lot and where access to the structure is obtained from the flankage
street, all accessory uses, buildings, structures shall maintain a minimum
side yard of 1.2 metres (4 ft) from the side lot line on the flankage street.
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. Garages shall be setback at least 1.8 metres (6 ft) from the principal building;
c. A carport, consisting of a roof and supporting columns or structures which are not permanent
walls, is permitted to encroach into any required side yard as long as the supporting structures
are set back a minimum of 0.3 metres (1 ft) from the side lot line and the roof does not project
past the side lot line;
d. 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;
e. All activities related to artisan studios, crafts and workshops shall be conducted within an
enclosed building. No exterior storage of materials, goods, or waste products is permitted,
except within a waste disposal bin for collection;
f. 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;
g. 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. Structures shall be no larger than 22.3 m2 (240 ft2);
h. Mobile storage containers (i.e. rail and sea containers) shall be permitted on all residential sites
in a rear yard. Structures shall be no larger than 9.3 m2 (100 ft2).
9.5
Fence and Hedge Heights
Subject to traffic sight lines, the following height limitations shall apply to fences, walls, chain-link fences
and hedges:
a. No hedge, fence or other structure shall be erected past any property line;
b. In a required front yard, to a height no greater than 1.0 metres (3 ft) above grade level;
c. In a required side or rear yard, to a height no greater than 2.7 metres (9 ft) above grade level;
d. In the case of a corner lot, no wall, fence, hedge or shrub shall interfere or block the view for
vehicular traffic in a sight triangle;
e. Except permitted accessory buildings, no fence or other structure shall be erected to a height of
more than 2.0 metres (7 ft).
9.6
Signage
a. One permanent sign is permitted per site. The facial area of a sign shall not exceed 0.5 m2 (5 ft2);
b. Multi-unit dwellings may:
Page | 62
i.
Have a sign where the facial area of a sign shall not exceed 1.0 m2 (11 ft2);
ii.
Have one additional sign that is freestanding having a maximum facial area of 2.3 m2 (25
ft2) in area; or
iii.
Have one additional sign that is a freestanding canopy or awning sign subject to
subsection (C) and providing a minimum clearance of 2.45 metres (8 ft) between the
bottom of the canopy and sidewalk or ground.
c. Freestanding signs shall be located at least 3 metres (10 ft) from any lot line and not be located
in a sight triangle;
d. In the case of a home occupation, an additional permanent sign is permitted in a window of a
dwelling;
e. No sign shall be located in any manner that may obstruct or jeopardize the safety of the public;
f. Temporary signs not exceeding 1.5 m2 (16 ft2) 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:
Single detached, RTM
and modular homes
2 spaces per dwelling
Semi-detached, duplex
and multi-unit dwellings
2 spaces per dwelling
Public works
No requirement
Playgrounds and
swimming pools
No requirement
Apartment buildings
1.25 spaces per dwelling
Townhouse, fourplex
and other multiple unit
dwellings
1.5 spaces per dwelling
Bed and breakfast
homes
1 space plus 1 space for each guest room
Personal care homes
1 space plus 1 space for each non-resident staff member
Day care centres and
pre-schools
1 space plus 1 additional space for every 10 persons enrolled in the facility.
Adult day cares
1 space plus 1 space per 5 persons enrolled in the facility.
9.8
Outdoor 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 | 63
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 recreation vehicle in operating condition that is for sale at any given
point in time.
9.9
Standards for Discretionary Uses
All discretionary use applications shall follow the general discretionary use evaluation criteria as
outlined in Section 5.2 and others that may be specified.
9.9.1 Multiple Unit Dwellings
a. Multiple unit dwelling may be developed where located on a second or higher floor over office,
retail, restaurant, café, and personal service use on the main floor;
b. The parking required for multiple unit dwellings is additional to the parking required for
commercial uses;
c. The suitability of a proposal will be considered with respect to:
i. Adherence to any concept plan prepared for the proposed development area including
proposed location of all forms of multiple unit dwellings;
ii. The convenience of parking; and
iii. Appropriate size and quality of proposed dwelling units.
9.9.2 Dwelling groups are subject to the following additional standards:
a. The minimum side yard of 3.5 metres (11 ft) or half the building height shall be measured from
the closest main wall of the principal building closest to the side site line;
b. All principal buildings forming part of the group shall be located at least 3.5 metres (11 ft) from
any other principal building in the group;
c. The site area shall provide at least 370 m2 (3983 ft2) for each dwelling unit in the group located
at grade level plus 65 m2 (700 ft2) for any dwelling unit located above the main floor;
d. Council may apply special development standards regarding yard requirements to reduce
conflict with neighbouring uses.
9.9.3 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 | 64
10: RA - Residential Acreage District
The purpose of the Residential Acreage District (RA) is to accommodate clustered acreage residential
development and subdivision proposals on a multi-site basis within the Town.
No person shall within any RA Residential Acreage District, use any land or erect, alter or use any
building or structure except in accordance with the following provisions:
10.1
Permitted Uses
a. One single detached dwelling;
b. Uses, building and structures to the foregoing permitted uses and located on the same site with
the main use;
c. Home occupations, home based businesses;
d. Public works, buildings and structures, warehouses and storage yards.
10.2
Discretionary Uses
The following uses may be permitted in the RA Residential Acreage District though only by resolution
of Council and only in locations specified by Council.
a. Child day cares (refer to Section 5.7);
b. Adult day cares (refer to Section 5.8)
c. Personal care homes (refer to Section 5.9);
d. Equestrian facilities;
e. Garden suite (refer to Section 5.10);
f. Bed and breakfast homes (refer to Section 5.6);
10.3
Site Development Regulations
Public works shall have no minimum or maximum site requirements.
Minimum site area
0.4 hectares (1 acre)
Minimum site frontage
30.0 metres (98 ft)
Minimum front yard
All buildings shall be set back a minimum of 45 metres (148 ft) from the centre line
of any municipal road or Provincial highway and/or a minimum of 90 metres (9,295
ft) from the intersection of the centre lines of any municipal roads or Provincial
highway
Minimum rear yard
7.5 metres (25 ft) or 25% of the depth of the site, whichever is the lesser
Minimum side yard
1.5 metres (5 ft) except where a side yard abuts a municipal road allowance or a
provincial highway, the front yard requirements shall apply
Minimum setback for
trees, shelterbelts and
fences
55.0 metres (180 ft) from the centre line of a Provincial Highway
5.0 metres (16 ft) from Highway frontage road property line
46.0 metres (151 ft) from the center line of a municipal road
8.0 metres (26 ft) from the property line of an internal subdivision road
Page | 65
Residential parcels may be exempted from these requirements:
a. In the case of a parcel physically severed as a result of road right-of-way or railway plans,
drainage ditch, pipeline or transmission line, development or natural features such as
watercourses and water bodies, there shall be no maximum site area. Existing residential parcels
may be enlarged to include adjoining land physically severed as a result of the above noted
barriers;
b. In the case of a parcel that existed prior to the adoption of this Bylaw there shall be no minimum
site area.
10.4
Accessory Building
a. No accessory building shall be located within 3.0 metres (10 ft) of a side or rear site line except
where the minimum yard abuts a public street, in which case the minimum side or rear yard
shall be 7.6 metres (25 ft);
b. The Building Floor Area for large accessory buildings on residential acreage sites may not exceed
185 m2 (1991 ft2).
10.5
Supplementary Regulations
a. Where a residential development is proposed at a location at which a standard connection to
the Town's existing sewer and water system is not feasible, the development shall, at their own
expense, provide suitable water supply and sewage disposal facilities for that development
acceptable to Council and meets The Public Health Act and Regulations requirements. Domestic
waste disposal systems located on the site and serving only the principal use will be a permitted
use to that principal use;
b. Domestic waste disposal shall be permitted in a yard abutting a road. Outside storage located in
a side or rear yard shall be screened by landscaping or vegetation so as not to be visible from
the road;
c. No outside storage shall be permitted in a yard abutting a road. Outside storage located in a side
or rear yard shall be screened by landscaping or vegetation so as not to be visible from the road;
d. Council will consider the applications for permitted and 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
Biggar Official Community Plan or the Bear Hills District 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 Biggar Official Community Plan
and the Bear Hills District Plan and that the proposal is not premature.
Page | 66
10.6
Signage
a. One permanent sign is permitted per site. The facial area of a sign shall not exceed 1.0 m2 (11
ft2);
b. In the case of a home occupation, an additional permanent sign is permitted on a door wall
surface or in a window;
c. No sign shall be located in any manner that may obstruct or jeopardize the safety of the public;
d. Temporary signs not exceeding 1.5 m2 (16 ft2) advertising the sale or lease of the property or
other information relating to a temporary condition affecting the property permitted.
10.7
Minimum Ditch Frontage
a. In order to ensure the proper functioning of overland drainage systems in the Town, one
approach to a site is permitted. The design and location of all approaches must be to the
satisfaction of Town Administration;
b. A second approach to a site may be permitted at the discretion of Council when it can be proven
that the Town's overland drainage system will not be negatively impacted.
i.
The additional access shall be no wider than 6.0 metres (20 ft) with the size of the
culvert being determined based on the drainage pattern of the existing ditch.
ii.
The property owner shall be responsible for all costs associated with the installation and
future maintenance and upkeep of the additional approach and immediate area; and
iii.
At no time shall the additional access-approach be used as a storage area.
10.8
Temporary Uses
a. Notwithstanding the provisions of this bylaw, the Biggar Official Community Plan and the Bear
Hills District Plan, a mobile home or trailer coach may be permitted for a period of up to one (1)
year on an existing non-farm residential site while the dwelling is under construction provided
that the following criteria is met:
i.
Adherence to any permit or building bylaw or licensing requirement in effect in the
municipality;
ii.
Issuance of a Development Permit to the landowner, where the said trailer is located, to
be issued on an annual basis;
iii.
The entering into of a development agreement between all affected parties, where
considered necessary, to assure applicable development standards are adhered to;
iv.
Compliance with any requirement of SaskHealth or government agencies respecting
water and waste connections and disposal concerns.
Page | 67
11: C1 - Town Centre Commercial District
The purpose of the Town Centre Commercial District (C1) is to continue to encourage a "downtown"
experience by providing pedestrian oriented commercial activities and services.
No person shall within any C1 - Town Centre 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. Banks, credit unions, and other financial institutions;
b. Administrative offices;
c. Barbers, hairdressers, and other similar personal service trade 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;
f. Licensed premises for the sale and consumption of alcoholic beverages;
g. Confectionaries and delicatessens;
h. Storefront retail stores and outlets;
i.
Rental stores;
j.
Storefront bakeries, butcher shops, and similar food processing with on-site retail sales;
k. Movie theatres;
l.
Commercial and public recreational establishments (i.e. bowling alleys, arcades, fitness
centres);
m. Hotels or motels;
n. Newspaper offices and printing plants and services;
o. Recycling collection depots (Neighbourhood);
p. Rooming houses;
q. Railway crew accommodation facilities;
r. Small-scale repair trades, craftspeople and similar trades, including retail sales of related
products;
s. Funeral homes;
t. Buildings, structures or uses accessory to and located on the same site as the principal building
or permitted use;
u. Public works buildings, offices and structures excluding warehouses, storage yards, and waste
management or sewage facilities.
11.2
Discretionary Uses
The following may be permitted in the C1 - Town Centre Commercial District though only by
resolution of Council and only in locations specified by such resolution of Council.
a. Dwellings attached to and behind, above, or below commercial establishments;
b. Multiple unit buildings;
c. Lumber and building establishments;
d. Car washes;
e. Establishments for the sale, storage and servicing of motor vehicles;
f. Construction trades without storage yards;
g. Wholesale trade stores and offices;
h. Gas bars and service stations;
Page | 68
i.
Mobile storage containers (rail and sea containers).
11.3
Site Development Regulations
Public works shall have no minimum or maximum site requirements.
Commercial Uses
Minimum site area
278 m2 (2992 ft2)
Minimum site frontage
7.5 metres (25 ft)
Maximum site coverage
75%
Minimum front yard
7.5 metres (25 ft)
Minimum side yard
No requirement
Minimum rear yard
1.5 metres (5 ft) except when the rear of a lot directly abuts any Residential
or Community Service District or abuts a public street, then the minimum
rear yard shall be 6.0 metres (20 ft).
Height
15 metres (49 ft)
Dwelling Units
Minimum site area
278 m2 (2992 ft2)
Minimum floor area
46 m2 (495 ft2) per dwelling unit except for one bedroom dwelling units, in
which case the minimum shall be 30 m2 (325 ft2)
Minimum site frontage
7.5 metres (25 ft)
Maximum site coverage
75%
Minimum front yard
7.5 metres (25 ft)
Minimum side yard
No requirement except when the side site line directly abuts any Residential
or Community Service District or abuts a public street, then the minimum
side yard shall be 1.5 metres (5 ft)
Minimum rear yard
1.5 metres (5 ft) except when the rear of a lot directly abuts any Residential
or Community Service District or abuts a public street, then the minimum
rear yard shall be 6.0 metres (20 ft)
Height
15 metres (49 ft)
Service Stations
Strip Malls
Minimum site area
929 m2 (10,000 ft2)
900 m2 (9688 ft2)
Minimum site frontage
30 metres (98 ft)
Minimum front yard
7.5 metres (25 ft)
15 metres (49 ft)
Minimum side yard
3.0 metres (10 ft)
Page | 69
Minimum rear year
10% of the depth of the lot
6.0 metres (20 ft)
Height
15 metres (49 ft)
Other Discretionary Uses:
Multi-unit buildings; Lumber and building establishments; Car washes; Establishments for the sale,
storage and servicing of motor vehicles; Construction trades without storage yards; Wholesale trade
stores and offices.
Minimum site area
278 m2 (2,992 ft2)
Minimum site frontage
7.5 metres (25 ft)
Maximum site coverage
75%
Minimum front yard
No requirement
Minimum rear & side
yard
No requirement except 6 metres (20 ft) minimum rear if abutting a
Residential District without an intervening street. 1.5 metre (5 ft) minimum
side yard is abutting a Residential District without an intervening street or
lane.
Height
15 metres (49 ft)
11.4
Accessory Buildings
Setbacks for accessory buildings shall meet the same requirements as the principal use or building.
11.5
Signage
Signs and billboards shall be prohibited in the C1 - Town Centre Commercial except for signs advertising
the principal use of the premises of the principal products offered for sale on the premises. Permitted
signs shall be subject to the following requirements:
a. No sign shall be located in any manner that may obstruct or jeopardize the safety of the public;
b. Advertising signs in the Town Centre Commercial District may be illuminated by direct or
indirect lighting and the lights may project different colours and may be intermittent;
c. Illuminated signs shall have an internal light source or an external light source shielded so that
the light is directed at the face of the sign;
d. All signs shall provide a minimum clearance of 2.45 metres (8 ft) between the bottom of the sign
and a street or sidewalk;
e. Temporary signs not exceeding 1.5 m2 (16 ft2) advertising the sale or lease of the property or
other information relating to a temporary condition affecting the property, are permitted;
f. 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.
11.6
Outdoor 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;
Page | 70
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. Mobile storage containers (rail and sea containers) shall be located in the side or rear yard.
11.7
Parking
Off-street parking requirements shall be provided in accordance with the following:
Commercial use
No requirement
Rooming house
1 parking space per room available for occupation
Lumber and building
supply establishments
1 space per 50 m2 (538 ft2) of gross floor or 1 space per 3 employees,
whichever is greater
All other uses
No requirement
11.8
Landscaping
Where a site abuts any Residential District without an intervening lane, there shall be a strip of land
adjacent to the abutting site line of not less than 1.5 metres (5 ft) in width throughout which shall not be
used for any purpose except landscaping.
11.9
Standards for Discretionary Uses
All discretionary use applications shall follow the general discretionary use evaluation criteria as
outlined in Section 5.2 and others that may be specified.
11.9.1 Dwelling Units
a. Dwelling units are permitted as long as the principal use is undergoing;
b. Dwelling units shall have a floor area smaller than or equal to the floor area in commercial use;
c. Minimum floor area for each dwelling unit shall be 45 m2 (484 ft2);
d. All dwelling units shall have an entrance separate from that of the commercial establishment;
e. Dwelling units shall be located above, below, or at the rear and attached to the principal
commercial use; and,
f. Accessory residential uses shall conform to the Provincial Public Health and Fire Regulations.
11.9.2 Construction Trades, Lumber Yards, Light Manufacturing, and Welding and Machine Shops
a. The location of the use will only be favourable 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;
iii.
Anticipated increased levels or types of vehicle traffic, unsafe conditions or situations
for vehicles, cyclists, or pedestrians; and
Page | 71
iv.
Utilized for hazardous substances.
b. All materials and goods used in conjunction with construction trades shall be stored within an
enclosed building, or within an area hidden from view by screening;
c. Warehouses and freight handling facilities shall be accessible from a major road network to
avoid heavy traffic volumes on access roads. Consideration shall be given to the location of entry
and exit points to the site and their interrelation with existing intersections or land constraints;
d. No storage is permitted for wholesale establishment;
e. All manufacturing and assembly operations in conjunction with a light manufacturing plant shall
be conducted within an enclosed building.
11.9.3 Funeral Homes
a. A funeral home must be on a lot that abuts a major (primary or secondary) street, as identified
in the Official Community Plan "Transportation Hierarchy" Reference Map;
b. A site with a funeral home must have a fence along the portion of the site line that abuts a
residential site;
c. The building shall not contain facilities for cremation.
11.9.4 Lumber Yards and Wholesale Trades
a. Development of these uses on other than the existing sites will be encouraged to locate on
vacant land with adequate space;
b. No outside storage is permitted for a wholesale establishment;
c. Site 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;
d. 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 | 72
12: C2 - Highway Commercial
The purpose of the Highway Commercial District (C2) is to facilitate a wide range of commercial and
related activities located along the Highways.
No person shall within a C2 - Highway Commercial District use and 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. Motels or motor hotels, including a dwelling for caretakers, owners, or managers;
c. Convenience stores;
d. Restaurants, confectionaries, including drive-thru;
e. Licensed premises for the sale and consumption of alcoholic beverages;
f. Personal service trades;
g. Laundromats;
h. Service stations and gas bars;
i.
Establishments for the sale, storage and servicing of motor and recreational vehicles, trailers,
equipment and supplies;
j.
Car washing establishments;
k. Construction trades without storage yards;
l.
Self-service storage units;
m. Agricultural implement dealerships service and maintenance establishments;
n. Mobile storage containers (rail and sea containers);
o. Public works offices, buildings, structures and warehouses excluding waste management or
sewage facilities;
p. Buildings, structures or uses accessory to and located on the same site as the principal building
or permitted use.
12.2
Discretionary Uses
The following uses may be permitted in the C2 - Highway Commercial District though only by
resolution of Council and only in locations specified in such resolution of Council.
a. Strip malls;
b. Professional offices including computer-recreational training facilities;
c. Public transportation depots;
d. Shops of plumbers, pipe fitters, metal workers and other industrial trades people;
e. Autobody shops;
f. Animal hospitals, or clinics and offices of veterinary surgeons;
g. Garden centres or commercial greenhouses;
h. Lumber and building supply establishments;
i.
Rental stores;
j.
Wholesale trade stores, offices and warehouses;
k. Construction trades and contractors' yards with front display yards and storage yards;
l.
Oilfield supply and service establishments;
m. RTM and modular homes sales and/or storage compound;
n. Commercial cardlock operations;
Page | 73
o. Bulk petroleum sales and storage;
p. Retail propane sales and accessory appliance outlet;
q. Manufacturing and processing shops and associated storage facilities when applicable work
activities are conducted wholly within enclosed buildings.
r. Commercial and public recreational establishments (ie bowling alleys, fitness centres);
s. Aggregate materials, storage or handling operations.
12.3
Prohibited Uses
a. Abattoirs.
12.4
Site Development Requirements
Public works shall have no minimum or maximum site requirements.
Permitted Uses
Minimum site area
464 m² (4994 ft2). There shall be no minimum site development
requirements for public works buildings.
Minimum site frontage
15 metres (49 ft)
Minimum front yard
7.5 metres (25 ft)
Minimum side yard
3.0 metres (10 ft)
Minimum rear yard
3.0 metres (10 ft) with lane, 6.0 metres (20 ft) without lane.
Height
15 metres (49 ft) for Principal building
Hotels, Motels, Strip Malls, Lumber
and Building Supply
Service Stations
Minimum site area
929 m2 (10000 ft2)
700 m2 (7535 ft2)
Minimum site frontage
30 metres (98 ft)
23 metres (75 ft)
Minimum front yard
15 metres (49 ft)
15 metres (49 ft)
Minimum side yard
3.0 metres (10 ft)
3.0 metres (10 ft)
Minimum rear yard
3.0 metres (10 ft) with lane, 6.0
metres (20 ft) without lane
10% of the depth of the lot
Height
15 metres (49 ft) for principal
buildings
No restriction
Shopping Centre Site Development Regulations
Minimum site area
3,700 m² (39,826 ft2)
Minimum site frontage
75 metres (246 ft)
Minimum height
15.0 metres (49 ft)
Minimum site coverage
75%
Page | 74
Minimum front yard
7.5 metres (25 ft)
Minimum rear yard
9.0 metres (30 ft)
Minimum side yard
3.0 metres (10 ft)
Other Discretionary Uses:
Public transportation depots; Shops of
plumbers, pipe fitters, metal workers, and
other industrial trades people, Lumber
and building supply establishments;
Construction trades and contractors' yards
with front display yards and storage yards;
Oilfield supply and service establishments;
RTM and modular home sales and/or
storage compounds; Commercial cardlock
operations; Bulk petroleum sales and
storage; Retail propane sales and
accessory appliance outlet; Mobile storage
containers; Manufacturing and processing
shops and associated storage facilities
when applicable work activities are
conducted wholly within enclosed
buildings.
Professional offices including
computer and recreational training
facilities; Animal hospitals, or
clinics and offices of veterinary
surgeons; Garden centres or
commercial greenhouses; Rental
stores; Wholesale trade stores,
offices, and warehouses;
Commercial and public
recreational establishments
Minimum site area
930 m² (10,010 ft2). There shall be no
minimum site development requirements
for public works buildings.
464 m2 (4,994 ft2)
Minimum site
frontage
30.0 metres (98 ft)
15.0 metres (49 ft)
Minimum front
yard
6.0 metres (20 ft)
7.5 metres (25 ft)
Minimum side yard 3.0 metres (10 ft)
Minimum rear yard 6.0 metres (10 ft)
3.0 metres (10 ft) with a lane, 6.0
metres (20 ft) without a lane
12.5
Accessory Buildings
a. Setbacks for accessory buildings shall meet the same requirements as the principal use or
building.
12.6
Fence and Hedge Heights
a. Screen fences shall be consistent and complement the quality of building design and materials
of the primary building. Screening shall be provided where a lot used for commercial or
industrial purposes abuts a Residential District without intervening street or land. Such
Page | 75
screening shall consist of a solid fence, hedge, or wall over 1.5 metres (5 ft) in height in a side or
rear yard and over 0.75 metres (2.5 ft) in a front yard;
b. No fence in a commercial or industrial zone shall exceed 3.0 metres (10 ft);
c. In the case of corner lots, no fence, hedge or shrub shall be placed so as to create a visual
obstruction in a sight triangle.
12.7
Landscaping
a. A landscaped strip of not less than 3.0 metres (10 ft) in width throughout lying parallel and
abutting the front site line shall be provided on every site;
b. On corner lots, in addition to the landscaping required in the front yard, the whole of any
required side yard abutting the flanking street shall be landscaped;
c. Where a site abuts any Residential or Community Service District without an intervening lane,
there shall be a strip of land adjacent to the abutting site line of not less than 3.0 metres (10 ft)
in width throughout which shall not be used for any purpose except landscaping.
12.8
Parking Requirements
Strip malls
1 parking space for each 50 m² (538 ft2) of floor area
Stores and offices
1 parking space for every 50 m² (538 ft2) of gross floor area
Restaurants, other eating places 1 parking space for every 10 seats provided for patrons
Theatres, places of assembly
1 parking space for every 10 seats provided for patrons
Motels, motor hotels or
rooming houses
1 parking space for each unit
Service stations
1 ½ parking spaces for each service bay
All other uses
1 parking space for each 75 m² (807 ft2) of building floor area
12.9
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 (183 ft2). Doors
located in side yards shall not be used for delivery purposes.
Gross Floor Area
Minimum Number of Loading Spaces
93 m² to 1300 m²
1 space
1300 m² to 2800 m²
2 spaces
Greater than 2800 m²
2 spaces +1 space for each 5600 m² (60278 ft2)
12.10 Signage
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 | 76
a. One permanent sign is permitted per site;
b. No sign shall be located in any manner that may jeopardize public safety;
c. Advertising signs in the Highway Commercial District may be illuminated by direct or indirect
lighting and the lights may project different colours and may be intermittent;
d. Illuminated signs shall have an internal light source or an external light source shielded so that
the light is directed at the face of the sign;
e. All signs shall provide a minimum clearance of 2.45 metres (8 ft) between the bottom of the sign
and a street or sidewalk;
f. All signs shall be located wholly within the lot lines of the lot in which they are located. This
provision shall not apply to billboard signs and converted vehicle and trailer signs;
g. Temporary signs not exceeding 1.5 m2 (16 ft2) advertising the sale or lease of the property or
other information relating to temporary condition affecting the property are permitted.
h. 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.
12.11 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;
d. Mobile storage containers (rail and sea containers) shall be located in the side or rear yard.
12.12 Standards for Discretionary Uses
All discretionary use applications shall follow the general discretionary use evaluation criteria as
outlined in Section 5.2 and others that may be specified.
12.12.1 Service Stations - which one? See Gas Stations Below
a. Where service stations occupy a corner site, only one access point shall be located on the side
lot line, located a minimum of 6.0 metres (20 ft) from the intersection;
b. Fuel pumps and other accessory equipment shall be located not less than 6.0 m (20 ft) from any
street or site line;
c. Service Stations shall locate underground storage tanks in accordance with The Fire Protection
Act;
d. Propane and natural gas pumps (retail or wholesale) shall be set back according to Provincial
regulations;
e. Access/egress points shall not be continuous along a street and shall be at least 10.0 metres (33
ft)apart;
f. 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.
Page | 77
12.12.2 Shopping Malls
a. Strip malls, when permitted, must be primarily for pedestrian use and accessible to the public
from both the street and from the development;
b. Council will consider the appropriate separation to other uses that may be incompatible with
Shopping Centre/Strip Mall retail and service activities;
c. Council will consider the potential uses and street access to the site when making a
discretionary use decision on a proposed shopping centre/strip mall. Ingress and egress points
shall be designed to minimize conflict with adjacent land uses and not pose a safety hazard.
d. Other criteria may include the street façade, main street entrance, windows along the street
and the relaxation of on-site parking requirements;
e. If abutting a Residential District, a suitable buffer composed of tree planting or a hedge shall be
provided.
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.
12.12.3 Gas Bars
Where operated as the principal use on a lot, gas bars are subject to regulations and standards
governing service stations. Where a gas bar is allowed to operate in conjunction with another use on a
lot, the following standards and regulations apply:
a. All fuel pumps and above ground storage tanks shall be at least 6.0 metres (20 ft) from any
building on the lot or any lot line;
b. The site shall have at least two separate accesses at least 15.0 metres (49 ft) apart;
c. Access and parking for the fuel pumps shall not obstruct access to other required off-street
parking spaces on the site.
12.12.4 Construction Trades, Lumber Yards, Light Manufacturing, and Welding and Machine Shops
a. The location of the use will only be favourable 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;
iii.
Anticipated increased levels or types of vehicle traffic, unsafe conditions or situations
for vehicles, cyclists, or pedestrians; and
iv.
Utilized for hazardous substances.
b. All materials and goods used in conjunction with construction trades shall be stored within an
enclosed building, or within an area hidden from view by screening;
c. Warehouses and freight handling facilities shall be accessible from a major road network to
avoid heavy traffic volumes on access roads. Consideration shall be given to the location of entry
and exit points to the site and their interrelation with existing intersections or land constraints;
d. No storage is permitted for wholesale establishment;
Page | 78
e. All manufacturing and assembly operations in conjunction with a light manufacturing plant shall
be conducted within an enclosed building.
12.12.5 Rooming House
a. A rooming house must be contained within a single-detached or semi-detached (both halves
must be a rooming house) dwelling;
b. A rooming house must contain a minimum of 4 rooms, with the possibility of a dwelling unit;
c. Sanitary facilities must be provided at a rate of minimum of 1 for the first 6 rooms and 1
additional sanitary facility for every 6 rooms or part thereof;
d. The development will be entirely consistent with the residential development on adjacent
parcels.
12.12.6 Agriculture Implement, Motor Vehicle, Recreational Vehicle and/or Mobile Home Sales
Storage Compound; Semi-Trailer and Container Parking Lots including Sea Containers
a. The use shall be located where practical and screened to avoid any adverse visual impact;
b. Landscaping and screening acceptable to Council shall be provided in all yards facing a public
roadway or properties in residential use.
Page | 79
13: IND1 - Light Industrial
The purpose of the Light Industrial District (IND 1) is to provide areas for Industrial activities which have
moderate potential for conflict with adjacent land uses and rely on access to primary transportation
routes.
No person shall within any IND-1 Light Industrial 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. 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. Printing plants and reproduction offices;
g. Commercial bakeries;
h. Shops of plumbers, pipe fitters, metal workers and other industrial trades manufacturing and
sales;
i.
Lumber and building supply establishments;
j.
Commercial cardlock operations;
k. Service stations;
l.
Car washing establishments;
m. Manufacturing and machine shops, welding shops and foundry works;
n. Auto body shops;
o. Construction and other contractors, industrial trades, workshops, yards, plants, and/or offices;
p. Warehouses, storage yards and supply depots;
q. Wholesale establishments;
r. Railway and ancillary railway functions;
s. Truck washes;
t. Custom meat cutting and packaging establishments (Abattoirs);
u. Veterinary clinics;
v. Mobile storage containers (rail and sea containers);
w. Construction and/or sales of RTM homes or agricultural building assembly area;
x. Recycling and collection depots (Commercial);
y. Public works buildings and structures including offices, warehouses, storage, yards, though
excluding waste management or sewage facilities.
13.2
Discretionary Uses
The following uses may be permitted in the IND-1 Light Industrial District though only by resolution of
Council and only in locations specified by such resolution of Council.
a. Bulk petroleum sales and storage;
b. Self-service storage units;
Page | 80
c. Salvage yards and auto wreckers;
d. Gas bars;
e. Grain elevators;
f. Seed cleaning plants, feed mills and flour mills;
g. Veterinary hospitals;
h. Oilfield equipment parking lot and staging areas;
i.
Industrial equipment maintenance and storage yards.
13.3
Prohibited Uses
a. All uses of buildings and land except those specifically noted as permitted or discretionary;
b. All uses of land, buildings or industrial processes that may be noxious or injurious, or constitute
a nuisance beyond the building which contains it by reason of the production or emission of
dust, smoke, refuse, matter, odour, gas, fumes, noise, vibration or other similar substances or
conditions;
c. Hazardous Substances and Waste Dangerous Goods as defined by the Hazardous Substances
and Waste Dangerous Goods Control Regulations of The Environmental Management and
Protection Act of Saskatchewan;
d. Residential Dwellings.
13.4
Site Development Requirements
Public works shall have no minimum or maximum site requirements.
Permitted Uses
Minimum site area
557 m² (5996 ft2). There shall be no minimum site development
requirements for public works buildings.
Minimum site frontage
18 metres (59 ft)
Minimum front yard
4.5 metres (15 ft)
Minimum side yard
3.0 metres (10 ft)
Minimum rear yard
10% of the depth of the lot
Height
15 metres (49 ft) for Principal building
Service Stations
Minimum site area
929 m2 (10,000 ft2)
Minimum site frontage
30 metres (98 ft)
Minimum front yard
7.5 metres (25 ft)
Minimum rear yard
10% of the depth of the lot
Minimum side yard
3.0 metres (10 ft)
Height
15 metres (49 ft)
Page | 81
Other Discretionary Uses:
Bulk Petroleum sales and storage; Self-service storage units; Salvage yards and auto-wreckers; Gas
bars; Grain elevators; Seed cleaning plants, feed mills and flour mills; Veterinary hospitals; Oilfield
equipment parking lot and staging areas; Industrial equipment maintenance and storage yards.
Minimum site area
557 m2 (5,996 ft2)
Minimum site frontage
18 metres (59 ft)
Minimum front yard
4.5 metres (15 ft)
Minimum rear yard
10% of the depth of the lot
Minimum side yard
3.0 metres (10 ft)
Height
15 metres (49 ft)
13.5
Accessory Buildings
Setbacks for accessory buildings shall meet the same requirements as the principal use or building.
13.6
Signage
Signs and billboards shall be prohibited in the IND - 1 Light Industrial District except for signs advertising
the principal use of the premises or the principal products offered for sale on the premises. Permitted
signs shall be subject to the following requirements:
a. No sign shall be located in any manner that may obstruct or jeopardize the safety of the public;
b. Advertising signs in the Light Industrial District may be illuminated by direct or indirect lighting
and the lights may project different colours and may be intermittent;
c. Illuminated signs shall have an internal light source or an external light source shielded so that
the light is directed at the face of the sign;
d. All signs shall provide a minimum clearance of 2.45 metres (8 ft) between the bottom of the sign
and a street or sidewalk;
e. All signs shall be located wholly within the lot lines of the lot in which they are located. This
provision shall not apply to billboard signs and converted vehicle and trailer signs;
f. Any number of signs which may be either fascia, marquee, roof or a combination thereof, which
the sum of all facial area does not exceed the total allowable facial area permitted;
g. Freestanding signs shall not exceed 12.0 m2 (129 ft2) per side. Site exceeding 30 metres (98 ft)
frontage may erect one additional free-standing sign. The maximum height shall not exceed 11.0
metres (36 ft);
h. Temporary signs not exceeding 1.5 m2 (16 ft2) advertising the sale or lease of the property, or
other information relating to a temporary condition affecting the property are permitted;
i.
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.
13.7
Fence and Hedge Heights
a. Screen fences shall be consistent and complement the quality of building design and materials
of the primary building. Screening shall be provided where a lot used for commercial or
industrial purposes abuts a Residential District without intervening street or lane. Such
Page | 82
screening shall consist of a solid fence, hedge, or wall over 1.5 metres (5 ft) in height in a side or
rear yard and over 0.75 metres (2.5 ft) in a front yard;
b. No fence in a commercial or industrial zone shall exceed 2.4 metres (8 ft);
c. No barbed wire or razor fences shall be allowed in an Industrial District;
d. In the case of a corner lot, no wall, fence, hedge or shrub shall exceed 0.75 metres (2.5 ft) in
height in an intersection sight triangle.
13.8
Landscaping
Where a site abuts any Community Service or Residential District without an intervening lane, there
shall be a strip of land adjacent to the abutting site line of not less than 1.5 metres (5 ft) in width
throughout which shall not be used for any purpose except landscaping.
a. A landscaped strip of not less than 3.0 metres (10 ft) in width throughout lying parallel and
abutting the front site line shall be provided on every site;
b. On corner lots, in addition to the landscaping required in the front yard, the whole of any
required side yard abutting the flanking street shall be landscaped;
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 metres (10 ft)
in width throughout which shall not be used for any purpose except landscaping.
13.9
Parking Requirements
Commercial trade activities
1 parking space for each 75 m² (807 ft2) of floor area
Principal buildings
1 parking space for every 55 m² (592 ft2) of gross floor
area, or 1 parking space for each 1.5 employees,
whichever is greater
Warehouses or manufacturing activities
1 parking space for each additional 90 m² (969 ft2) of gross
floor area
13.10 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 (183 ft2). Doors
located in side yards shall not be used for delivery purposes.
Gross Floor Area
Minimum Number of Loading Spaces
90 m² to 1300 m²
1 space
1300 m² to 2500 m²
2 spaces
Greater than 2500 m²
2 spaces +1 space for each 2500 m² (26910 ft2)
13.11 Outside Storage
a. Outdoor storage shall be accommodated in the required front yard of any /light industrial site as
an accessory use;
Page | 83
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. Mobile storage containers (rail and sea containers) shall be located in the side or rear yard;
d. 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;
e. Council may require special standards for the location setback or screening of any area devoted
to the outdoor storage of vehicles in operating condition, equipment, and machinery normally
used for the maintenance of the property, vehicles or vehicular parts.
13.12 Standards for Discretionary Uses
All discretionary use applications shall follow the general discretionary use evaluation criteria as
outlined in Section 5.2 and others that may be specified.
13.12.1 Salvage Yards and Auto Wrecker Operations
a. This includes salvage yards, auto wreckers, auto repair shop, body shops and similar uses, all
savage vehicles and materials, vehicles waiting repair, salvage or removal and similar uses;
b. No vehicles or parts thereof shall be located in the front yard;
c. All salvage yards 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:
Distance and careful location,
Natural or planted vegetation,
An earth berm,
An opaque fence,
A building,
Other appropriate methods approved by Council.
d. All auto wrecking yards shall be totally enclosed by a sturdy fence built to a minimum height of
2.0 metres (7 ft) and constructed of material suitable to conceal from view the materials stored
on site. No materials shall be stacked above the height of the fence.
13.12.2 Service Stations
a. Where service stations occupy a corner site, only one access point shall be located on the
flankage, located a minimum of 6.0 metres (20 ft) from the intersection;
b. Fuel pumps and other accessory equipment shall be located not less than 6.0 m (20 ft) from any
street or site line;
c. All automobile parts, dismantled vehicles, and similar articles shall be stored within a building or
screened to the satisfaction of Council;
d. Service stations shall locate underground storage tanks in accordance with The Fire Protection
Act;
e. Propane and natural gas pumps (retail or wholesale) shall be set back according to Provincial
regulations;
f. Access/egress points shall not be continuous along a street and shall be at least 10.0 metres (33
ft) apart;
g. Off-site traffic circulation shall be accommodated on the site;
Page | 84
h. 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;
i.
All development which abuts a Residential District shall provide a fence of at least 2.0 metres (7
ft) erected along the site line and be landscaped acceptable to Council.
13.12.3 Seed Cleaning Plants, Feed Mills and Flour Mills; Fertilizer Sales and Storage; Cement
Manufacturing; and Aggregate Material Storage or Handling Operations
a. The location of the use will only be favourably considered where it can be demonstrated that
the use and intensity is appropriate to the site and that it will have a minimal impact on the
surrounding adjacent areas. Consideration may be given to:
i.
Municipal servicing capacity;
ii.
Anticipated levels of noise, odour, smoke, fumes, dust, lighting, glare, vibration and
other emissions emanating from the operation;
iii.
Anticipated increased levels or types of vehicle traffic, unsafe conditions or situations
for vehicles, cyclists, or pedestrians; and
iv.
Utilized for hazardous substances.
b. The designated truck access routes will not be primarily through residential areas.
13.12.4 Oil Field Equipment Parking Lot
a. The designated truck access routes will not be primarily through residential areas.
Page | 85
14: IND2 - Heavy Industrial
The purpose of the Heavy Industrial District (IND2) is to provide areas for Industrial activities which have
moderate potential for conflict with adjacent land uses and are partially dependent on exposure to high
traffic areas.
No person shall within any IND-2 Heavy Industrial District, use any land, or erect, alter or use any
building or structure except in accordance with the following provisions.
14.1
Permitted Uses
a. Business and/or professional offices accessory to a principal use;
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. Industrial trades, workshops, yards, plants, and/or offices;
f. Machine shops, welding shops and foundry works;
g. Manufacturing, fabricating, processing, assembly, finishing, production or packaging of
materials, goods or products that are not noxious;
h. Warehouses, storage yards and supply depots;
i.
Agricultural implement and industrial machinery equipment and vehicle sales, service and
maintenance;
j.
Carbonated beverage bottling plants;
k. Malt plant;
l.
Oilfield supply and service establishments;
m. Auto body shops with yards;
n. Public transportation terminals;
o. Railway and ancillary railway functions;
p. Grain elevators, feed, four mills and seed cleaning plants;
q. Fertilizer sales and storage;
r. Trucking firm establishments;
s. Mobile storage containers (rail and sea containers);
t. Construction and/or sales of RTM homes or agricultural building assembly area;
u. Recycling and collection depots (Commercial);
v. Public works buildings and structures including offices, warehouses, storage, yards, and
excluding waste management or sewage facilities.
14.2
Discretionary Uses
The following uses may be permitted in the IND-2 Heavy Industrial District though only by resolution
of Council and only in locations specified by such resolution of Council.
a. Bulk petroleum sales and storage;
b. Auction markets excluding livestock;
c. Salvage yards and auto-wreckers;
d. Commercial cardlock operations;
e. Meat processing plants/abattoirs;
Page | 86
f. Aggregate material storage or handling operations;
g. Propane gas sales establishments;
h. Oilfield equipment parking lot and staging areas;
i.
Semi-truck and trailer parking lot;
j.
Industrial greenhouses, tree and plant nurseries;
k. Hatcheries and eviscerating plants;
l.
Tanneries with storage establishments;
m. Semi-trailer and mobile storage container long-term storage areas;
n. Veterinary hospitals;
o. Waste management or sewage facilities.
14.3
Prohibited Uses
a. All uses of buildings and land except those specifically noted as permitted or discretionary;
b. Residential dwellings.
14.4
Site Development Requirements
Public works shall have no minimum or maximum requirements.
Permitted Uses
Minimum site area
1114 m² (11991 ft2), except 500 m² (5382 ft2) for Ag-implement dealerships.
There shall be no minimum site development requirements for public works
buildings.
Minimum site frontage
30.0 metres (98 ft)
Minimum front yard
6 metres (20 ft)
Minimum side yard
3 metres (10 ft)
Minimum rear yard
10% of the depth of the lot, except where the rear yard abuts a railroad
track or yard in which case no rear yard is required.
Height
No maximum
14.5
Accessory Buildings
Setbacks for accessory buildings shall meet the same requirements as the principal use or building.
14.6
Signage
Signs and billboards shall be prohibited in the IND 2 - Heavy Industrial District except for signs
advertising the principal use of the premises or the principal products offered for sale on the premises.
Permitted signs shall be subject to the following requirements:
a. No sign shall be located in any manner that may obstruct or jeopardize the safety of the public;
b. Advertising signs in the Heavy Industrial District may be illuminated by direct or indirect lighting
and the lights may project different colours and may be intermittent;
c. Illuminated signs shall have an internal light source or an external light source shielded so that
the light is directed at the face of the sign.
d. All signs shall provide a minimum clearance of 2.45 metres (8 ft) between the bottom of the sign
and a street or sidewalk;
Page | 87
e. All signs shall be located wholly within the lot lines of the lot in which they are located. This
provision shall not apply to billboard signs and converted vehicle and trailer signs;
f. The facial area of a sign shall not exceed 20% (or 4.0 metres (13 ft) of the square frontage of the
building upon which the sign(s) are attached;
g. All signs shall provide a minimum clearance of 3.0 metres (10 ft) between the bottom of the sign
and a street or sidewalk;
h. Any number of signs which may be either fascia, marquee, roof or a combination thereof, which
the sum of all facial area does not exceed the total allowable facial area permitted;
i.
Freestanding signs shall not exceed 12.0 m2 (129 ft2) per side. Site exceeding 30 metres (98 ft)
frontage may erect one additional free-standing sign. The maximum height shall not exceed 11.0
metres (36 ft);
j.
Temporary signs not exceeding 1.5 m2 (16 ft2) advertising the sale or lease of the property, or
other information relating to a temporary condition affecting the property are permitted;
k. 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.
14.7
Fence and Hedge Heights
a. Screen fences shall be consistent and complement the quality of building design and materials
of the primary building. Screening shall be provided where a lot used for commercial or
industrial purposes abuts a residential district without intervening street or land. Such screening
shall consist of a solid fence, hedge, or wall over 1.5 metres (5 ft) in height in a side or rear yard
and over 0.75 metres (2.5 ft) in a front yard.
b. No fence in a commercial or industrial zone shall exceed 2.4 metres (8 ft).
c. No barbed wire or razor fences shall be allowed in an Industrial District.
d. In the case of a corner lot, no wall, fence, hedge or shrub shall exceed 0.75 metres (2.5 ft) in
height in an intersection sight triangle.
14.8
Landscaping
Where a site abuts any Community Service or Residential District without an intervening lane, there
shall be a strip of land adjacent to the abutting site line of not less than 1.5 metres (5 ft) in width
throughout which shall not be used for any purpose except landscaping.
a. A landscaped strip of not less than 3.0 metres (10 ft) in width throughout lying parallel and
abutting the front site line shall be provided on every site;
b. On corner lots, in addition to the landscaping required in the front yard, the whole of any
required side yard abutting the flanking street shall be landscaped;
c. Where a site abuts any Residential or Community Service District without an intervening lane,
there shall be a strip of land adjacent to the abutting site line of not less than 3.0 metres (10 ft)
in width throughout which shall not be used for any purpose except landscaping.
14.9
Parking Requirements
Commercial trade activities
1 parking space for each 75 m² (807 ft2) of floor area
Principal buildings
1 parking space for every 55 m² (592 ft2) of gross floor area, or 1
parking space for each 1.5 employees, whichever is greater
Warehouses or manufacturing
activities
1 parking space for each 90 m² (969 ft2) of gross floor area
Page | 88
14.10 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 (183 ft2). Doors
located in side yards shall not be used for delivery purposes.
Gross Floor Area
Minimum Number of Loading Spaces
90 m² to 1300 m²
1 space
1300 m² to 2500 m²
2 spaces
Greater than 2500 m²
2 spaces +1 space for each 2500 m² (26910 ft2)
14.11 Outdoor Storage
a. No outdoor storage shall be permitted in the required front yard of any 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. Mobile storage containers (rail and sea containers) shall be located in the side or rear yard;
e. Council may require special standards for the location setback or screening of any area devoted
to the outdoor storage of vehicles in operating equipment and machinery normally used for the
maintenance of the property, vehicles or vehicular parts;
f. All outside storage shall be fenced and where the area abuts a Residential area. 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.
14.12 Performance Standards
An industrial operation including production, processing, cleaning, testing, repairing, storage or
distribution of any material shall conform to the following standards:
a. Noise - emit no noise of industrial production audible beyond the boundary of the lot on which
the operation takes place;
b. Smoke - no process involving the use of solid fuel is permitted;
c. Dust or ash - no process involving the emission of dust, fly ash or other particulate matter is
permitted;
d. Odour - the emission of any odorous gas or other odorous matter is prohibited;
e. Toxic gases - the emission of any toxic gases or other toxic substances is prohibited;
f. Glare or heat - no industrial operation shall be carried out that would produce glare or heat
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 the Town's satisfaction that a proposed development does and will
comply with these requirements rests with the developer.
Page | 89
14.13 Standards for Discretionary Uses
All discretionary use applications shall follow the general discretionary use evaluation criteria as
outlined in Section 5.2 and others that may be specified.
14.13.1 Stockyards and Auction Marts
a. Shall be located at least 300 metres from all residential and community service districts.
14.13.2 Salvage Yards and Auto Wrecker Operations
a. This includes salvage yards, auto wreckers, auto repair shop, body shops and similar uses, all
savage vehicles and materials, vehicles waiting repair, salvage or removal and similar uses.
b. No vehicles or parts thereof shall be located in the front yard.
c. All salvage yards 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:
Distance and careful location;
Natural or planted vegetation;
An earth berm;
An opaque fence;
A building;
Other appropriate methods approved by Council.
d. All auto wrecking yards shall be totally enclosed by a sturdy fence built to a minimum height of
2.0 metres (7 ft) and constructed of material suitable to conceal from view the materials stored
on site. No materials shall be stacked above the height of the fence.
14.13.3 Service Stations
a. Where service stations occupy a corner site, only one access point shall be located on the
flankage, located a minimum of 6.0 metres (20 ft) from the intersection;
b. Fuel pumps and other accessory equipment shall be located not less than 6.0 m (20 ft) from any
street or site line;
c. All automobile parts, dismantled vehicles, and similar articles shall be stored within a building or
screened to the satisfaction of Council;
d. Service Stations shall locate underground storage tanks in accordance with The Fire Protection
Act;
e. Propane and natural gas pumps (retail or wholesale) shall be set back according to Provincial
regulations;
f. Access/egress points shall not be continuous along a street and shall be at least 10.0 metres (33
ft) apart;
g. Off-site traffic circulation shall be accommodated on the site;
h. 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;
i.
All development which abuts a Residential District shall provide a fence of at least 2.0 metres
erected along the site line and be landscaped acceptable to Council.
Page | 90
14.13.4 Meat Processing Plants/Abattoirs
a. Shall be located at least 91.4 metres (300 ft) from residential areas, schools, hospitals, motels,
and restaurants.
Page | 91
15: CS - Community Service District
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.
15.1
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. Health facilities and special care homes;
g. 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;
h. Campgrounds including Recreational Vehicle Park;
i.
Natural and nature-like open areas;
j.
Community gardens;
k. Pedestrian trails and bicycle pathways;
l.
Skateboard parks or bmx bike-terrain;
m. Seasonal outdoor activities;
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.
15.2
Discretionary Uses
The following uses may be permitted in the Community Service District though only by resolution of
Council and only in locations specified in such resolution of Council.
a. Child day cares (refer to Section 5.5);
b. Adult day cares (refer to Section 5.6);
c. Mobile storage containers (rail and sea containers).
15.3
Site Development Regulations
Public works shall have no minimum or maximum site requirements.
Permitted Uses (other than educational facilities, rinks and swimming pools)
Minimum site area
464 m² (4,995 ft2)
Minimum floor area
90 m² (969 ft2)
Minimum site frontage
15 metres (49 ft)
Page | 92
Minimum front yard
7.5 metres (25 ft)
Minimum rear yard
6.0 metres (20 ft) except where the rear site line abuts a Residential District
without an intervening street or lane, at least 7.5 metres (25 ft) shall be
provided.
Minimum side yard
50% of the height of the building, whichever is greater, unless on a corner
site the side yard shall be 2.5 metres (8 ft)
Elementary and Secondary Schools
Minimum site area
No minimum requirement
Minimum floor area
No minimum requirement
Minimum site frontage
15. 24 metres (50 ft)
Minimum front yard
15 .0 metres (49 ft)
Minimum rear yard
7.5 metres (25 ft)
Minimum side yard
7.5 metres (25 ft)
Skating, Curling Rinks and Swimming Pools
Minimum site area
1200 m² (12916 ft2)
Minimum site frontage
20.0 metres (66 ft)
Minimum front yard
7.5 metres (25 ft)
Minimum rear yard
7.5 metres
Minimum side yard
1.5 metres (5 ft) except on a corner site abutting a street then 3.6 metres
(12 ft) shall be provided as approved by resolution by Town Council.
Child and Adult Day Care Centres
Minimum site area
464 m² (4,995 ft2)
Minimum site frontage
15 metres (49 ft)
Minimum front yard
7.5 metres (25 ft)
Minimum rear yard
7.5 metres (25 ft) or 25% of the lot depth whichever is greater
Minimum side yard
50% of the height of the building, whichever is greater, unless on a corner
site the side yard shall be 2.5 metres (8 ft)
Accessory Buildings
Minimum front yard
7.5 metres (25 ft)
Principal building
All accessory buildings shall be set back 1.2 metres (4 ft) from the principal
building.
Page | 93
Minimum side yard
0.8 metres (3 ft) unless on a corner site the side yard shall be 3.6 metres (12
ft).
Minimum rear yard
All accessory buildings with a door or doors opening onto a lane shall not be
located less than 2.0 metres (7 ft) from the site line abutting the lane.
15.4
Signage
a. One permanent sign is permitted per site. The facial area of a sign shall not exceed 4.0 m² (43
ft2);
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 1.5 m² (16 ft2) 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.
15.5
Fence and Hedge Heights
Subject to traffic sight lines, the following height limitations shall apply to fences, walls, chain-link fence
and hedges:
a. No hedge, fence or other structure shall be erected past any property line;
b. In a required front yard, to a height no greater than 1.0 metre (3 ft) above grade level;
c. In a required rear yard, to a height no greater than 2.4 metres (8 ft) above grade level;
d. Except permitted accessory buildings, no fence or other structure shall be erected to a height of
more than 2.0 metres (7 ft).
15.6
Landscaping
a. A landscaped strip of not less than 3.0 metres (10 ft) in width throughout lying parallel and
abutting the front site line shall be provided on every site;
b. On corner lots, in addition to the landscaping required in the front yard, the whole of any
required side yard abutting the flanking street shall be landscaped;
c. Where a site abuts any Residential District without an intervening lane, there shall be a strip of
land adjacent to the abutting site line of not less than 1.5 metres (5 ft) in width throughout
which shall not be used for any purpose except landscaping.
15.7
Parking
Off-street parking requirements shall be provided in accordance with the following:
Elementary school
1 parking space for each staff member
High school
1 parking space for each staff member, plus 4 parking spaces for each
classroom
Churches and Places of
Assembly
3 parking space for every (ten)10 patrons or seats
Special care homes
1 parking space for each bed
Page | 94
Institutional buildings,
private clubs and lodges
1 parking space for each 50 m² (538 ft2) of floor area
Recreational buildings,
sports facilities and fields
1 parking space for each of every ten (10) patrons or seats.
15.8
Standards for Discretionary Uses or Forms of Development
In addition to other applicable regulations or standards contained in this bylaw the following standards
apply to those uses or forms of development designated as discretionary in the CS - Community Service
District:
a. Places of worship and places of assembly shall, where possible, be located on corner sites or in
such a manner as not to adversely affect adjacent development. They are not to be located on
interior lots unless at least one of the adjoining developments is other than residential;
b. Height regulations or limitations do not apply to the following: spires, belfries, cupolas, or other
appurtenances usually required to be placed above the roof level, and not intended for human
occupancy.
Page | 95
16: CS2 - Passive Community Service
The purpose of the Passive Community Service District (CS2) is to provide areas for passive community
services related activities including social, recreational, parks, and public service.
No person shall within any FUD - Future Urban Development District use any land, or erect, alter or
use any building or structure, except in accordance with the following provisions:
16.1
Permitted Uses
a. Passive recreational - sports fields, parks, playgrounds, tennis courts, lawn bowling greens;
b. Golf courses;
c. Natural and nature-like open areas;
d. Community gardens;
e. Pedestrian trails and bicycle pathways;
f. Skateboard parks or BMX bike-terrain;
g. Scenic lookout and interpretation facilities, rest stops, and other public trail facilities.
16.2
Site Development Regulations
Public works shall have no minimum or maximum site requirements.
Permitted Uses
Minimum site area
No minimum
Minimum site frontage
15 metres (49 ft)
Minimum front yard
7.5 metres (25 ft)
Minimum rear yard
6.0 metres (20 ft) except where the rear site line abuts a Residential District
without an intervening street or lane, at least 7.5 metres (25 ft) shall be
provided.
Minimum side yard
50% of the height of the building, whichever is greater, unless on a corner
site the side yard shall be 2.5 metres (8 ft)
16.3
Signage
a. One permanent sign is permitted per site. The facial area of a sign shall not exceed 4.0 m² (43
ft2);
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 1.5 m² (16 ft2) 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 | 96
16.4
Landscaping
a. A landscaped strip of not less than 3.0 metres (10 ft) in width throughout lying parallel and
abutting the front site line shall be provided on every site;
b. On corner lots, in addition to the landscaping required in the front yard, the whole of any
required side yard abutting the flanking street shall be landscaped;
c. Where a site abuts any Residential District without an intervening lane, there shall be a strip of
land adjacent to the abutting site line of not less than 1.5 metres (5 ft) in width throughout
which shall not be used for any purpose except landscaping.
Page | 97
17: FUD - Future Urban Development
The purpose of Future Urban Development (FUD) is to limit the intensity of development by providing
for temporary and transitional uses/activities in areas with future urban development potential.
No person shall within any FUD - Future Urban Development District use any land, or erect, alter or
use any building or structure, except in accordance with the following provisions:
17.1 Permitted Uses
a. Agricultural crop production and horticultural uses and buildings and structures customarily
accessory to the use;
b. Commercial greenhouses, market gardens, and sod farms;
c. Uses, buildings and structures accessory to the principal building or use;
d. Public works buildings and structures including offices, warehouses, storage, yards, and waste
management or sewage facilities;
e. Uses in existence when this Bylaw comes into force.
17.2 Discretionary Uses
The following uses may be permitted in the FUD- Future Urban Development District though only by
resolution of Council and only in locations specified by Council:
a. One single detached dwelling and buildings accessory to the principal use and occupied by the
owner, manager or caretaker of the principal use;
b. Keeping of livestock, though excluding intensive livestock operations, poultry farms, hatcheries,
or commercial kennels;
c. Home occupations, home based businesses(refer to Section 5.3);
d. Temporary work camps;
e. Green houses, market gardens, horticultural supply, tree and plant nurseries;
f. Recreational uses and sports grounds, golf courses;
g. Campgrounds including RV Parks (refer to Section 5.12);
h. Apiaries;
i.
Veterinary clinics;
j.
Large accessory buildings;
k. Cemeteries;
l.
Mobile storage containers (rail and sea containers);
m. Airports.
17.3 Site Development Regulations
Minimum site area
16 hectares (40 acres)
Minimum site frontage
30.0 metres (98 ft) abutting a highway or 6.0 metres (20 ft) abutting a
street
Minimum front yard
45.0 metres (148 ft) unless the property abuts a municipal road, then the
setback is 60.0 metres (197 ft) from the centerline of the municipal road
Page | 98
Minimum side yard
1.5 metres (5 ft) for dwelling and accessory buildings accessory except the
minimum side yard abutting a public street shall be 10.0 metres (33 ft).
Minimum rear yard
7.5 metres (25 ft) for dwellings and accessory buildings accessory except
that the minimum rear yard abutting a public street shall be 30.0 metres
(98 ft).
Minimum floor area
90 metres squared (969 ft2)
17.4 Signage
Signs and billboards are discretionary in the FUD-Future Urban Development l 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 requirements:
a. No sign shall be located in any manner that may obstruct or jeopardize the safety of the public;
b. The facial area of a sign shall not exceed 2.0 m2 (22 ft2) in size;
c. All signs shall provide a minimum clearance of 3.0 metres (10 ft) between the bottom of the sign
and a street or sidewalk;
d. Any number of signs which may be either fascia, marquee, roof or a combination thereof, which
the sum of all facial area does not exceed the total allowable facial area permitted;
e. Freestanding signs shall not exceed 12.0 m² (6.0m²) per side. Sites exceeding 30.0 metres (98 ft)
frontage may erect one additional free-standing sign. The maximum height shall not exceed 11.0
metres (36 ft);
f. Temporary signs not exceeding 1.5 m² (16 ft2) advertising the sale or lease of the property, or
other information relating to a temporary condition affecting the property, are permitted;
g. In the case of a home occupation, an additional permanent sign is permitted.
17.5 Supplementary Regulations
a. Council will consider the applications for permitted and 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
Biggar Official Community Plan and the Bear Hills District 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 Biggar Official Community Plan
and the Bear Hills District Plan and that the proposal is not premature.
b. Where a development is proposed at a location at which standard connection to the Town's
existing sewer and water system is not feasible, the developer shall, at their own expense,
provide suitable water supply and sewage disposal facilities for that development acceptable to
Council and meets The Public Health Act and Regulations requirements. Domestic waste
disposal systems located on the site and serving only the principal use will be a permitted use to
that principal use;
c. Any building or structure used for the habitation or shelter of animals permitted in this Zoning
District shall be located a minimum distance of 76.0 metres (249 ft) from an occupied dwelling
situated on an adjoining site.
Page | 99
18: FH - Flood Hazard Overlay
The intent of the Flood Hazard Overlay 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.
No person shall within any FH - Flood Hazard Overlay District use any land, or erect, alter or use any
building or structure, except in accordance with the following provisions.
18.1 Permitted Uses
a. Agricultural uses but not including buildings and structures accessory thereto; and does not
include intensive livestock operations or harvest preserves;
b. Recreational uses;
c. Wildlife habitats and sanctuaries;
d. Existing uses at the time of passing this Bylaw.
18.2 Prohibited Uses
a. "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.
18.3 Site Development Regulations
a. No person shall use any land, erect, alter or use any building or structure within the Flood
Hazard Lands without a development permit; and
b. No person shall backfill, grade, deposit earth or other material, excavate, or store goods or
materials on these lands.
18.4 Flood Proofing Regulations
a. A development permit shall not be issues for any land use, erection, alteration or use of any
building or structure within the Flood Hazard Overlay area unless the site/development meets
approved flood proofing measures to the 1:500 flood design elevation;
b. Any existing buildings may be replaced or expanded subject to appropriate flood proofing
measure being provided; and
c. For the purpose of this Bylaw, appropriate flood proofing measure shall mean;
i.
That all buildings shall be designed to prevent structural damage by flood waters;
ii.
The first floor of all buildings shall be constructed above the designated flood design
elevation; and
iii.
All electrical and mechanical equipment within a building shall be located above the
designated flood design elevation.
MAIN STREET
7 AVENUE WEST
8 AVENUE WEST
QUEEN STREET
SASKATCHEWAN STREET
MCPHEE STREET
ONTARIO STREET
STREET
DOMINION STREET
14
Margery
Lake
4
14
51
4
Rural Municipality of Biggar No. 347
Rural Municipality of Biggar No. 347
Rural Municipality of Biggar No. 347
Rural Municipality of Biggar No. 347
Rural Municipality of Biggar No. 347
Rural Municipality of Biggar No. 347
Lagoon
Cemetery
Regional
Park
Golf
Course
1 AVENUE WEST
1 AVENUE EAST
QUEBEC STREET
QUEEN STREET
7 AVENUE EAST
4 AVENUE WEST
TURNBULL AVENUE
DOMINION STREET
MAIN STREET
2 AVENUE WEST
6 AVENUE WEST
8 AVENUE WEST
WRIGHT CRESCENT
5 AVENUE WEST
7 AVENUE WEST
5 AVENUE EAST
2 AVENUE EAST
6 AVENUE EAST
3 AVENUE EAST
3 AVENUE WEST
KING
4 AVENUE EAST
8 AVENUE EAST
ONTARIO STREET
SHAW STREET
MCPHEE STREET
A
A
B
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C
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E
A
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AA
A
A
B
A
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D
C
D
B
A
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BB
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B
A
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B
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E
M
M
BC
X
C
D
T
AA
Y
P
A
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BB
A
CC
F
E
B
D
C
W
Z
A
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B
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F
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A
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D
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Zoning District Map
Town of Biggar
Legend
R1 - Residential Single Dwelling District
R1A - Residential Narrow Lot District
R2 - Residential Multiple Dwelling District
C1 - Town Centre Commercial District
C2 - Highway Commercial District
IND1 - Light Industrial District
IND2 - Heavy Industrial District
CS - Community Service District
CS2 - Passive Community Service District
FUD - Future Urban Development District
FH - Flood Hazard Overlay*
Town Boundary
Major Highway
Railway
Waterbody
Lagoon
Note: *Flood Hazard Overlay is based on local knowledge and
requires further studies to determine the proper 1:500 year flood
elevation (i.e. floodway and flood fringe areas) as per the Planning
and Development Act, 2007 and Statements of Provincial Interest.
Source: GIS data was downloaded from
Information Services Corporation's
GeoSask website (www.geosask.ca)
0.6
0
0.6
0.3
Kilometers
This is the Zoning District Map,
referred to in Bylaw No. 15-763,
adopted by the Town of Biggar.
________________
Seal
____________________
Mayor
____________________
Administrator
December 10, 2015