Zoning Bylaw 2013-05

Broadview, Saskatchewan

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Town of Broadview Zoning Bylaw 2013-05 Town of Broadview Zoning Bylaw 2013-05 - 1 - Table of Contents 1 INTRODUCTION ____________________________________________________________________________ 4 1.1 Authority ...................................................................................................................................................... 4 1.2 Title .............................................................................................................................................................. 4 1.3 Purpose ........................................................................................................................................................ 4 1.4 Scope ............................................................................................................................................................ 4 1.5 Severability ................................................................................................................................................... 4 2 DEFINITIONS _______________________________________________________________________________ 5 3 ADMINISTRATION AND INTERPRETATION ______________________________________________________ 21 3.1 Development Officer .................................................................................................................................. 21 3.2 Council ........................................................................................................................................................ 21 3.3 Application For A Development Permit ..................................................................................................... 21 3.4 Development Requiring A Permit, But Not Requiring A Fee ...................................................................... 22 3.5 Interpretation ............................................................................................................................................. 23 3.6 Concept Plans ............................................................................................................................................. 23 3.7 Development Permit Procedure ................................................................................................................ 23 3.8 Development Permit: Validity .................................................................................................................... 25 3.9 Development Permit Application Fees....................................................................................................... 25 3.10 Fee For Zoning Amendment Application ................................................................................................... 26 3.11 Concurrent Processing of Development Permits, Building Permits and Business Licenses ....................... 26 3.12 Referral Under The Public Health Act ........................................................................................................ 26 3.13 Development Appeals Board ..................................................................................................................... 26 3.14 Minor Variances ......................................................................................................................................... 26 3.15 Non-Conforming Buildings Uses And Sites ................................................................................................. 28 3.16 Development Permit - Invalid ................................................................................................................... 29 3.17 Cancellation ................................................................................................................................................ 29 3.18 Stop-Work .................................................................................................................................................. 29 3.19 Offences and Penalties ............................................................................................................................... 29 3.20 Inspection of Premises ............................................................................................................................... 29 3.21 Bylaw Compliance ...................................................................................................................................... 30 3.22 Performance Bonds .................................................................................................................................... 30 3.23 Liability Insurance ...................................................................................................................................... 30 3.24 Registering Interests .................................................................................................................................. 30 3.25 Moving of Buildings .................................................................................................................................... 30 3.26 Demolition of Buildings .............................................................................................................................. 30 3.27 Temporary Development Permits .............................................................................................................. 30 3.28 Development Agreements ......................................................................................................................... 31 3.29 Servicing Agreements................................................................................................................................. 31 4 GENERAL REGULATIONS ____________________________________________________________________ 32 4.1 Licenses, Permits, and Compliance With Other Bylaws and Legislation .................................................... 32 4.2 Principal Use Established ........................................................................................................................... 32 4.3 Multiple Uses ............................................................................................................................................. 32 4.4 Uses Permitted In All Zoning Districts ........................................................................................................ 32 4.5 Number of Principal Buildings on a Site ..................................................................................................... 33 4.6 Accessory Buildings, Uses, and Structures ................................................................................................. 33 4.7 Building Line ............................................................................................................................................... 34 4.8 Front Yard Reduction ................................................................................................................................. 34 Town of Broadview Zoning Bylaw 2013-05 - 2 - 4.9 Frontage For Irregular Sites........................................................................................................................ 34 4.10 Required Minimum Yards and Open Spaces .............................................................................................. 35 4.11 Permitted Yard Encroachments ................................................................................................................. 35 4.12 Height of Buildings and Structures ............................................................................................................. 36 4.13 Restoration to a Safe Condition ................................................................................................................. 36 4.14 Grading and Leveling of Sites ..................................................................................................................... 36 4.15 Natural Hazard Lands ................................................................................................................................. 36 4.16 Restrictions on Changes ............................................................................................................................. 36 4.17 Heritage Properties .................................................................................................................................... 37 4.18 Signage on Natural and Human Heritage Sites .......................................................................................... 37 4.19 Landscape Buffers ...................................................................................................................................... 37 4.20 Closings ...................................................................................................................................................... 37 4.21 Site Triangles at Intersections .................................................................................................................... 38 4.22 Railway Crossings and Sight Distances ....................................................................................................... 38 4.23 Bareland Condominium Developments ..................................................................................................... 38 4.24 Satellite Dishes ........................................................................................................................................... 38 4.25 Communication Towers ............................................................................................................................. 39 4.26 Private Garages, Sunrooms, Solariums, and Greenhouses ........................................................................ 39 4.27 Swimming Pools ......................................................................................................................................... 39 4.28 Prohibited and Noxious Uses ..................................................................................................................... 39 4.29 Disposal Of Wastes ..................................................................................................................................... 41 4.30 Solid And Liquid Waste Disposal Facilities ................................................................................................. 41 4.31 Lighting ....................................................................................................................................................... 42 4.32 Provision of Off-Street Parking and Loading Spaces .................................................................................. 42 5 DEVELOPMENT STANDARDS FOR DISCRETIONARY USES ___________________________________________ 43 5.1 Home Occupations ..................................................................................................................................... 43 5.2 Secondary Suites ........................................................................................................................................ 44 5.3 Modular Homes ......................................................................................................................................... 44 5.4 Bed and Breakfast Homes .......................................................................................................................... 45 5.5 Day Care Centres And Pre-Schools ............................................................................................................. 45 5.6 Residential Care Homes ............................................................................................................................. 45 5.7 Strip Malls .................................................................................................................................................. 46 5.8 Campgrounds ............................................................................................................................................. 46 5.9 Temporary Work Camps ............................................................................................................................ 47 5.10 Temporary Garages .................................................................................................................................... 48 5.11 Mobile Storage Containers (Trailers, Sea and Rail Containers) .................................................................. 48 5.12 Solar Energy Collection .............................................................................................................................. 49 5.13 Small Wind Energy Facilities....................................................................................................................... 49 6 ZONING DISTRICTS AND ZONING MAPS ________________________________________________________ 51 6.1 Zoning Districts ........................................................................................................................................... 51 6.2 The Zoning District Map ............................................................................................................................. 51 6.3 Boundaries of Zoning Districts ................................................................................................................... 51 6.4 Holding Designation ................................................................................................................................... 52 6.5 Future Urban Development District - FUD ................................................................................................ 53 6.6 Low Density Residential District - R1 .......................................................................................................... 55 6.7 Residential Mobile Home District ̶ RMH ..................................................................................................... 60 6.8 Town Centre Commercial District - C1 ...................................................................................................... 65 6.9 Commercial/Light Industrial-C2................................................................................................................. 70 6.10 High Profile Commercial/Light Industrial District - HPC ............................................................................ 76 6.11 Industrial District - Ind ............................................................................................................................... 85 6.12 Community Service District - CS ................................................................................................................ 92 Town of Broadview Zoning Bylaw 2013-05 - 3 - 7 REPEAL AND ADOPTION ____________________________________________________________________ 96 APPENDIX "A" ________________________________________________________________________________ 97 Development Permit Application Requirements ................................................................................................. 97 APPENDIX "B" ________________________________________________________________________________ 99 Application for a Development Permit ................................................................................................................. 99 APPENDIX "C" _______________________________________________________________________________ 101 Notice of Decision for a Development Permit or Zoning Bylaw Amendment .......................................... 101 Town of Broadview Zoning Bylaw 2013-05 - 4 - 1 INTRODUCTION 1.1 Authority Under the authority granted by The Planning and Development Act, 2007, the Mayor and Council of the Town of Broadview 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 Broadview. 1.3 Purpose 1.3.1 The purpose of this Bylaw is to regulate development and to control the use of land in the Town of Broadview in accordance with the Official Community Plan (OCP) Bylaw 2013-04. 1.3.2 The intent of this Zoning Bylaw is to provide for the amenity of the area within the Town of Broadview (hereinafter referred to as the Town) and for the health, safety, and general welfare of the inhabitants of Broadview and area: a) To minimize land use conflicts; b) To establish minimum standards to maintain the amenity of the Town; c) To ensure development is consistent with the physical limitations of the land; d) To restrict development that places undue demand on the Town for services; and e) To provide for land-use and development that is consistent with the goals and objectives of the Town. 1.4 Scope This Bylaw applies to all land included within the boundaries of the Town of Broadview. All development within the limits of the Town of Broadview shall hereafter conform to the provisions of this Bylaw. 1.5 Severability A decision of a Court that one or more of the provisions of this Bylaw are invalid in whole or in part does not affect the validity, effectiveness, or enforceability of the other provisions or parts of the provisions of this Bylaw. Town of Broadview Zoning Bylaw 2013-05 - 5 - 2 DEFINITIONS Whenever the subsequent words or terms are used in the Official Community Plan, Bylaw No. 2013-04 and this Bylaw, they shall have the following definition unless the context indicates otherwise. 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 Chief Administrative Officer of the Town of Broadview. Aggregate Resource: Mineral materials including sand, gravel, clay, earth or mineralized rock, including recycled concrete. Agricultural: A use of land, buildings or structures for the purpose of animal husbandry, fallow, field crops, forestry, market gardening, pasturage, private greenhouses and includes the growing, packing, treating, storing and sale of produce produced on the premises and other similar uses customarily carried on in the field of general agriculture. Alteration or Altered: With reference to a building, structure or site means a change from one major occupancy class or division to another, or a structural change such as an addition to the area or height, or the removal or part of a building, or any change to the structure such as the construction of, cutting into or removal of any wall, partition, column, beam, joist, floor or other support, or a change to or closing of any required means of egress or a change to the fixtures, equipment, cladding, trim, or any other items regulated by this Bylaw such as parking and landscaping. Ancillary Use: A secondary and subordinate use to the principle use, which is specifically allowed, and may include an associated building that is specifically allowed pursuant to this Bylaw. Animal Clinic: A building or part thereof used by a qualified veterinarian for the treatment of animal health needs where animals are not kept on the premises for surgery or kept overnight. Animal Hospital: The premises of a veterinary surgeon where small, large domestic animals and livestock are treated or kept involving surgery and the keeping of animals in outdoor or indoor pens. (Animal)Veterinary Clinics: A place for the care and treatment of small animals involving outpatient care and medical procedures involving hospitalization, but shall not include the keeping of animals in outdoor pens. Apartment Block: A building containing three or more dwelling units as herein defined, each of which is occupied or intended to be occupied as a permanent home or residence as distinct from a hotel or rooming house. Applicant: A developer or person applying for a Development Permit under this Bylaw or for a subdivision approval to an approving authority under The Planning and Development Act 2007. Attic: That portion of a building situated wholly or in part within the roof and which is less than one-half story. Automobile (Motor Vehicle): A self-propelled passenger vehicle that usually has four wheels and an internal- combustion engine, used for land transport. Auto Wrecker: An area where motor vehicles as disassembled, dismantled or junked, or where vehicles not in operable condition, or used parts of motor vehicles, are stored or sold to the general public Town of Broadview Zoning Bylaw 2013-05 - 6 - 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. Basement: That portion of a building that is partly or wholly underground. Bed and Breakfast: A dwelling unit, licensed as a tourist home under The Tourist Accommodation Regulations, 1969, in which overnight accommodation within the dwelling unit, along with one meal served before noon, is provided to the traveling public for a charge. Billboard: A private free standing sign, including supporting structure, which advertises goods, products, services, organizations, of facilities that are available from, located on, or refer to, a site other than the site on which the sign is located. Buffer: A strip of land, vegetation or land use that physically separates two or more different land uses. Building: A structure constructed on, in, or over land and used for the shelter or accommodation of persons, animals, goods, or chattels, and includes any structure covered by a roof supported by walls or columns. Building, Accessory (see Accessory) Building Bylaw: A Bylaw of the Town of Broadview authorized by The Uniform Building and Accessibility Standards Act (UBAS Act) to regulate the construction, erection, placement, alteration, repair, renovation or reconstruction of a building. Building Height: The vertical distance of a building measured from the grade level to the highest point of the roof. Building Height Measurement Town of Broadview Zoning Bylaw 2013-05 - 7 - Building Permit: A permit, issued under The Building Bylaw of the Town of Broadview, authorizing the construction of, or the addition to, any building but does not include a Development Permit. Building, Principal: A building in which is conducted the main or primary use of the site on which said building is situated. Building Line, Established: The average distance from the street line to the main wall of existing buildings on any side of any block where more than half the frontage of the block has been built on. Bulk Fuel Sales and Storage: Includes land, buildings, and structure for the storage and distribution of fuels and oils including retail sales or key-lock operation. Business Support Services: Activities intended to provide administrative, promotional or technical support for commercial and industrial activities. Bylaw: The Town of Broadview Zoning Bylaw. Campground: An area used for a range of overnight camping experiences, from tenting to serviced trailer sites, including accessory facilities which support the use, such as administration offices and laundry facilities, but not including the use of mobile homes or trailers on a permanent year-round basis. 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 90.0 metres (295.28 feet). Commercial/Industrial Use, Small Scale: Commercial or Industrial land uses maintaining a lineal frontage of 90 metres (295.28 feet) or less. Community Facilities: Buildings or facilities used for recreational, social, educational or cultural activities and that are owned by a municipal corporation, non-profit corporation or other non- profit organization. Compost: Materials used in gardening, agriculture, landscaping, erosion control, wetland construction, and landfill cover. Concrete and Asphalt Plant: An industrial facility used for the production of asphalt or concrete, or asphalt or concrete products, used in building or construction, and includes facilities for the administration or management of the business, the stockpiling of bulk materials used in the production's process or of finished products manufactured on the premises and the storage and maintenance of required equipment. Condominium: Land, buildings, and units, including private and common property as defined under The Condominium Property Act. Conservation: The planning, management and implementation of an activity with the objective of protecting the essential physical, chemical and biological characteristics of the environment. Construction Trades: Offices, shops and warehouses, with or without retail sales for trades associated with construction of buildings. Contractors Yard: The yard of a contractor or company, including landscaping materials used as a depot for the storage and maintenance of equipment used by the contractor or company, and includes facilities for the administration or management of the business and the stockpiling or storage of supplies used in the business. Convenience Store: A store offering for sale primarily food products, beverages, personal care items, hardware and printed matter and which primarily provides a convenient day-to-day service to residents in the vicinity. Council: The Council of the Town of Broadview. Cultural Institution: Establishments, such as museums, art galleries, libraries and similar facilities or historical, educational or cultural interests which are not commercially operated. Town of Broadview Zoning Bylaw 2013-05 - 8 - Day Care Centre: An establishment providing for the care, supervision and protection of children (or adults) but does not include the provision for overnight supervision. Deck: Any raised floor structure at least 0.31 metres (1 foot) above the average ground level upon which it is constructed, either adjacent to a building or free- standing with stairway, ramp, or similar access. Development: The carrying out of any building, engineering, mining, or operations in, on, or over land, or making of any material change in the use or intensity of use of any building, or land, and shall include, but not be limited to, excavating, filling, grading or drainage of land. Development Officer: A person appointed by the Town Council to act as a Development Officer to administer this Bylaw. Demolition Permit: A permit issued for the removal or dismantling of a building or structure with the Town's boundaries as prescribed under Section 13 of The Uniform Building and Accessibility Standards Act. Development Permit: A document issued by the Council of the Town of Broadview that authorizes development pursuant to this Bylaw, but does not include a building permit. Directional Signage: Signage located off-site providing direction to, and information about, a specific enterprise or activity which does not contain general advertising. Discretionary Use: Uses or development of land, buildings, or other structures that may be permitted in a Zoning District only at the discretion of Council and which conforms to all discretionary use regulations and other regulations applicable to the district in which the use is located. District: See Land Use Zoning District 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 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. Dwelling, Single-Detached: A building containing only one dwelling unit, and shall not include a mobile home as herein defined. 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. Semi-Detached Dwelling Single-Detached Dwelling Town House Dwelling Town of Broadview Zoning Bylaw 2013-05 - 9 - Educational Institution: An establishment dedicated for the purpose of providing education and instruction in any branch of knowledge. Existing: In place, or taking place, or with all approvals and permits in place on the date of the adoption of this Bylaw. Farm Building/Yard: Improvements such as barns, granaries, etc. used in connection with the growing and sale of trees, shrubs and sod or the raising or production of crops, livestock or poultry, fur production, bee keeping and situated on a parcel of land used for the farm operation. Fence: A structure used to enclose or screen areas of land. Fill (Clean Fill): Soil, rock or other material approved by the Town. Flanking: Means to the side of a lot, parcel or site. Flood: A temporary rise in the water level that results in the inundation of areas not ordinarily covered by water. (Design) Flood Level: a) a 1:500 year flood; b) a flood having a return period greater than 1:500 years; c) a recorded flood having a water surface elevation equal to or exceeding that of a 1:500 year flood. 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. 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. Floodway: The portion of the flood plain adjoining the channel where the waters in the 1:500 year flood are projected to meet or exceed a depth of one metre or a velocity of one metre per second. Floor Area: The maximum area contained within the outside walls of a building, excluding in the case of a dwelling, any private garage, porch, veranda, open deck, unfinished attic, or unfinished basement or cellar and in a commercial or industrial building, any utility room. Freeboard Elevation: The elevation of the Design Flood Level (the 1:500 flood elevation) plus an extra 0.50 metre (1.64 feet) to provide protection against wave run-up and ice surge. 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. Future Land Use Map: In its projections, the map specifies certain areas for residential growth and others for residential, industry, commercial and conservation. The Future Land Use Map for Broadview is attached in the Official Community Plan. Garage, Private: A building or part of a building used for or intended to be used for the storage of motor vehicles and wherein neither servicing nor repairing of such vehicles are carried on for remuneration. Garage, Public: A building or place where motor vehicles are stored or repaired for remuneration but does not include car washing establishments, an auto sales lot or an automobile service station. Garden (Granny) Suite: A second, small, dwelling on the site of a primary, 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 but with the support nearby of the extended family. Town of Broadview Zoning Bylaw 2013-05 - 10 - 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. General Commercial Type I: Those developments where activities and uses are primarily carried on within an enclosed building intended to provide for the merchandising of refined goods and services targeted for the travelling public and the surrounding community for financial gain. General Industry Type I: Those developments where activities and uses are primarily carried on within an enclosed building where no significant nuisance factor is created or apparent outside an enclosed building. Developments of this type shall not pose, in the opinion of a Development Officer, any significant risk of interfering with the amenity of adjacent sites because of the nature of the site, materials or processes and shall include but not be limited to the following activities: a) the assembling of goods, products or equipment. b) the limited processing of raw, value-added or finished materials. c) the storage or trans-shipping of materials, goods and equipment. d) the training of personnel in general industrial operations. It may include any indoor display, office, technical or administrative support areas or any sales operation accessory to the general industrial uses. General Industry Type II: Those developments in which all or a portion of the activities and uses are carried on outdoors, without any significant nuisance or environmental factors such as noise, appearance, or odour, extending beyond the boundaries of the site. Developments of this type shall not pose, in the opinion of a Development Officer, any significant risk of interfering with the amenity of adjacent sites because of the nature of the site, materials or processes and shall include but not be limited to the following activities: a) manufacturing, fabricating, processing, assembly, finishing, production or packaging of materials, goods or products. b) the storage or transshipping of materials, goods and equipment. c) the cleaning, servicing, repairing or testing of materials, goods and equipment normally associated with industrial or commercial businesses or cleaning, servicing and repair operations to goods and equipment associated with personal or household use, where such operations have impacts that would make them incompatible in non- industrial districts. General Industry Type III (Exclusionary Uses): refers to certain industrial activities that maybe characterized as exhibiting a high potential for adversely affecting the safety, use, amenity or enjoyment of adjacent and nearby industrial and non-industrial sites due to their scale, appearance, noise, odour, emissions and hazard potential. Such activities are considered exclusionary when the only means of mitigating the associated negative effects on surrounding land uses is through spatial separation. Such uses would include but not be limited to the following: Landfill, Ethanol Plant, Transformer Stations, Uranium Refiners, Anhydrous Ammonia Storage and Distribution Centres. Grade: The average elevation of the natural ground level at the walls of a building or structure as determined by the elevation of the four outside corners of the building. Greenhouse, Commercial: A building for the growing of flowers, plants, shrubs, trees and similar vegetation that are not necessarily transplanted outdoors on the same site, but are sold directly at wholesale or retail from the site. Greenhouse, Private: A building for the growing of flowers, plant, shrubs, trees and similar vegetation that are transplanted outdoors on the same site containing such greenhouse(s), and where greenhouse products may not be offered for sale. Greenways: 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 Residential Care Home) 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. Town of Broadview Zoning Bylaw 2013-05 - 11 - 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, but does not include a motel or rooming house. 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 Kennel, Boarding: The temporary accommodation of more than four dogs, cats or other domestic animals for commercial purposes. Kennel, Breeding: The keeping of domestic animals, male and female, and which are more than 12 months old, for breeding purposes. Kennel, Enclosure: An accessory building or enclosure intended to house one of more domestic animals. Landfill: A specially engineered site for disposing of solid waste on land, constructed so that it will reduce hazard to public health and safety. Landscaped Area: An area not built upon and not used for any purpose other than as an open space that may include grass, shrubs, flowers, trees, and similar types of vegetation and may contain paths, walks, patios, fences and similar outdoor amenities, but does not include parking areas, parking lots, driveways or ramps. Land Use Zoning District: Divisions identified in the Zoning Bylaw establishing permitted and discretionary uses of land or buildings with attendant regulations that govern the use, placement, spacing and size of land and structures. Lane: A secondary public thoroughfare intended primarily to give access to the rear or side of the abutting property. Livestock: Domesticated animals used primarily as beasts of burden or for the production of fur, hides, meat, milk, eggs or other product, or as breeding stock, but excluding companion animals. Loading Space: A space measuring at least 4.0 metres (13.12 feet) in width and 8.5 metres (27.88 feet) in depth, located on a lot, and having access to a street or lane, in which a vehicle may park to load or unload. Lot (see Site): An area of land with fixed boundaries on record with the Information Services Corporation (ISC) by Certificate of Title. For the purposes of this Bylaw the terms "lot" and "site" shall be deemed not to mean the same. Lounge: A room or area adjoining a restaurant set aside for the sale of beverage alcohol for consumption on the premises, with or without food, and where no area has been set aside for dancing or entertainment, either in the lounge or in the adjoining restaurant. The area of a lounge may not exceed 50% or the public assembly area in the adjoining restaurant, subject to Provincial Regulations. Town of Broadview Zoning Bylaw 2013-05 - 12 - 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 Broadview. Minister: The member of the Executive Council to whom for the time being is assigned the administration of The Planning and Development Act, 2007. Mini-Storage: A commercial facility made up of more than one unit in which customers can rent space to store possessions. Mixed-Use: A mix of land uses that facilitate the mixing, rather than separation of, land uses in one distinctive environment, either vertically in the same building or horizontally adjacent. It is intended to be compatible with adjacent uses. Mobile Home: A prefabricated trailer coach supported on a steel frame that conforms to the Canadian Standards Association # Z240 MH. A trailer coach 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. Mobile Home Park: A site under single management for the placement of two or more mobile homes and shall include all accessory buildings necessary to the operation but does not include an industrial or construction camp or tourist campsite. For the purpose of this Bylaw the terms mobile home park and mobile home court shall be deemed to mean the same. Mobile Home Site: An area of land in a mobile home park that is intended to be occupied by one mobile home and for exclusive use of its occupants with access to a driveway or a public street. Mobile Home Subdivision: Any subdivision of land and the development thereof for the purpose of accommodating mobile homes in such a manner that each home is situated on its own site, which shall contain a minimum site area of 464.50 m ² (5000 ft ²) 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. 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) # A277. 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 m ² (5000 ft ²), and in which all sites, public open space, internal streets, buffer zones, and other amenity areas form a contiguous area of development. Motel or Motor Hotel: A building or buildings consisting of a number of individual rental units, intended for the use of the traveling public, each containing at least a bedroom and bathroom, and each having convenient access to a parking space for the use of the occupants of the units and may or may not provide food service. Multiple-Unit Building: A building containing two (2) or more distinct uses, each of which is allowed in the Zoning District in which the building is located. Double-Wide Mobile Home Modular (Manufactured) Home Town of Broadview Zoning Bylaw 2013-05 - 13 - Multiple Complimentary (Vertically Integrated ) Activities: The accommodation of multiple complimentary activities which could be considered principal permitted uses under single or multiple ownership within one or more buildings on a single parcel where these uses are considered to provide additional processing and/or the sale of manufactured goods produced onsite. Municipality: The Town of Broadview. 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. 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. 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 Broadview Official Community Plan Bylaw No. 2013-04. Open Space: Passive and structure leisure and recreation areas that enhance the aesthetic quality and conserve the environment of the community, including parks, recreation and tourism nodes, and natural areas. Park Model Trailer/Unit: A unit designed to Canadian Standards Association (CSA) #Z241to facilitate occasional relocation, with living quarters for a temporary or seasonal use; has water faucets and shower or other bathing facilities that may be connected to a water distribution system; and has facilities for washing and a water closet or other similar facility that may be connected to a sewage system. It has a gross floor area not exceeding 50 m2 (540 ft2). Parking Lot: An open area, other than a street, used for the temporary parking of more than four vehicles and available for public or private use. Parking Space: A space within a building or parking lot for the parking of one (1) motor vehicle including convenient access to a public lane or street and shall be not less than 2.5 metres (8.20 feet) wide and 6.0 metres (19.69 feet) in length. Pasture: A site that is used for the raising and feeding of livestock by grazing. Patio: Any hard surface or floor structure less than 0.31 metres (1 foot) above the average ground level upon which it is constructed. Permitted Use: The use of land, buildings or other structures that shall be permitted in a Zoning District, where all requirements of this Zoning Bylaw are met. Person: A "person" shall apply to an individual, association, firm, partnership, corporation, trust, or agent, and their heirs, executors, or other legal representatives of a person to whom the same can apply according to the law. Personal Service Trades: A building or part of a building in which persons are employed in furnishing services and administering to customer's personal and or grooming needs, but does not include the provision of health related services. Park Model Trailer 102 Park Model Recreational Unit Town of Broadview Zoning Bylaw 2013-05 - 14 - Places of Worship: A building set aside by any religious organization for public worship. Typical uses include churches, chapels, mosques, temples, synagogues and parish halls. Pond: Any constructed containment of water for the purpose of landscape enhancement, keeping ornamental fish or aquatic plants, or for other similar purposes, but not a swimming pool. Principal Use: The main or primary activity, for which a site or its buildings are designed, arranged, developed or intended, or for which is occupied or maintained. Public Work: A facility as defined under The Planning and Development Act, 2007 including a system, work, plant, equipment, or service, whether owned or operated by the Municipality, or by a corporation under Federal or Provincial statute, that furnishes any of the following services and facilities to, or for the use of, the inhabitants of the Town of Broadview: a) Communication by way of telephone lines, optical cable, microwave, and cable; b) Television services; c) Delivery of water, natural gas, and electricity; d) Public transportation by bus, rail, or other vehicle production, transmission; e) Collection and disposal of sewage, garbage, and other wastes; and f) Fire and Police Services. 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 1.0 m² (10.76 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 building sand structures; but does not include the racing of animals or motorized vehicles. Recreational Vehicle: A vehicle, such as a camper or motor home, used for traveling and recreational activities. Recreational Vehicle (RV) Park: An area of land, managed as a unit, providing short-term accommodation for motor homes and camping trailers, including accessory facilities such as administration offices and laundry facilities. Recycling Collection Depot (Neighbourhood): A building or structure used for the collection and temporary storage of recyclable household material such as bottles, cans, plastic containers, paper and paint, but shall not include the processing of recyclable material other than compaction; the collection and storage of oil, solvents or other hazardous material; or outdoor compaction or storage. Recycling Collection Facility (Commercial): A building or structure intended to accommodate the collection, sorting, processing and temporary storage of recyclable materials, that would otherwise be considered waste. These types of uses include outdoor processing or storage. Redevelopment (see infill development) Residential Care Home: A licensed or approved group care home governed by Provincial regulations that provide, in a residential setting, 24 hour care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. Residential Use: The use of land, buildings, or structures for human habitation. Restaurant: A building or part of a building wherein food is prepared and offered for sale to the public primarily for consumption within the building. Limited facilities may be permitted to provide for a take-out food function provided that such a facility is clearly secondary to the primary restaurant use. Retail Store (Shop): A building or part thereof, or a place, where goods, wares, merchandise, substances, or articles are offered or kept for sale or rent, and may include servicing and the manufacture of products on site for sale on the site so long as the gross floor area used for manufacturing does not exceed 25% of the gross floor area of the retail store. Right-Of-Way: The land set aside for use as a roadway or utility corridor. Rights of way are purchased prior to the construction of a new road or utility line, and usually enough extra land is purchased for the purpose of providing mitigative features. Sometimes road rights of way are left vacant after the initial roadway facility is constructed to allow for future expansion. Rooming House (Boarding House): A building which contains a room or rooms for accommodation other than Town of Broadview Zoning Bylaw 2013-05 - 15 - a dwelling unit or other form of accommodation defined elsewhere in this Bylaw, where meals may or may not be provided, with sleeping facilities and with or without private toilet facilities. RTM (Ready to Move) Home: A residential dwelling that is constructed off- site in a yard or factory to Canadian National Building Code standards and transported as a single unit to a site for permanent installation on a permanent foundation including a basement. Satellite Dish: A parabolic antenna utilized for the reception of satellite transmitted television or radio waves. Salvage Yard (Wrecking): A parcel of land where second- hand, discarded or scrap materials are bought, sold, exchanged, stored, processed or handled. Materials include scrap iron, structural steel, rages, rubber tires, discarded goods, equipment, appliances or machinery. School: An educational facility under the jurisdiction of a Board of Education, a college, university, or any other school established and maintained either wholly or partially at public expense, whether or not the same is a boarding school and includes any dormitory building accessory to such school. Secondary Suite: A self-contained dwelling unit which is an accessory use to, and located within, a detached building in which the principal use is a one unit dwelling. Self-service storage facility: A commercial business that rents or leases storage rooms, lockers, containers, modular storage units and/or outdoor space, for businesses and individuals to store and access their goods. Service Station: A site used for the retail sale of lubricating oils and gasoline, automobile accessories, and for the servicing and repairing of motor vehicles essential to the operation of a motor vehicle; but does not include an auto body or painting shop, car sales lot, or a car washing establishment. Setback: The distance required to obtain the front yard, rear yard or side yard provisions of this Bylaw. Shopping Centre: A building or group of buildings located on one or more contiguous and/or non-contiguous lot or site, in which four(4) or more of the uses allowed in the Zoning District are co-located for their mutual benefit including the use of off-street parking and other joint facilities. Should, Shall or May; a) Shall is an operative word which means the action is obligatory. b) Should is an operative word which means that in order to achieve plan objectives, it is strongly advised that the action be taken. c) May is an operative word meaning a choice is available, with no particular direction or guidance intended. Sign: Any device, letter, symbol, emblem or picture, that is affixed to or represented directly or indirectly upon a building, structure, or a piece of land and that identifies or advertises any object, product, place, activity, person, organization, or business in such a way as to be visible to the public on any street, thoroughfare, or any other public place. Sign, Billboard: A private free standing sign, including supporting structure, which advertises goods, products, services, organizations, of facilities that are available from, located on, or refer to, a site other than the site on which the sign is located. Sign, Canopy: a sign attached to, or painted on an awning, canopy or freestanding canopy. Sign, Fascia: a sign fastened to, or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of the sign and which does not project more than 0.5 metres (1.64 feet) from such building or structure. RTM (Ready to Move) Home Town of Broadview Zoning Bylaw 2013-05 - 16 - Location and measurement of setbacks Sign, Freestanding: Sign, except a billboard, independently supported and visibly separated from a building or other structure and permanently fixed to the ground. Sign, Height: The vertical distance measured from the highest point of the sign to grade level at the centre of the sign. Sign, Marquee: A sign that is mounted or painted on, or attached to an awning, canopy, or marquee. Sign, Off-Premises: A sign which contains any message chosen by a person other than the person in control of the premises upon which the sign is located. Sign, Projecting (Awning): A sign which is wholly or partially dependent upon a buildings for support and which projects more than 0.5 metres (1.64 feet) from such building. (including Awning Signs). Sign, Temporary: A sign which is not permanently installed or affixed in position, advertising a product or activity on a limited basis. Site: An area of land, consisting of one or more lots consolidated under a single certificate of title, considered as a unit devoted to a certain use or occupied by a building or a permitted group of buildings, and the customary accessories and open spaces belonging to the same. Site Area: The total horizontal area within the site lines of a site. Site, Corner: A site at the intersection of two or more public streets, or upon two parts of the same street, the adjacent sides of which street or streets (or, in the case of a curved corner, the tangents at the street extremities of the side site lines) contain an angle of not more than one hundred and thirty-five (135) degrees. In the case of a curved corner, the corner of the site shall be that point on the street at the point of intersection of the said tangents. Site Coverage: The percentage of the site area covered by all the buildings above the ground level. Site Depth: The horizontal distance between the front site and rear site lines, but where the front and rear site lines are not parallel the site depth is the length of a line joining the midpoint of such site lines. Town of Broadview Zoning Bylaw 2013-05 - 17 - 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. This is only applicable in Commercial and Industrial Districts. 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; but in the case of a corner site with two street lines of equal length, the front site line shall be designated by predetermined building lines. Site Line, Rear: The site line at the rear of the site, opposite the front site line. Site Line, Side: A site line other than a front or rear site line. Site Plan: A plan showing the location of existing and proposed buildings on a site in relationship to the site lines. Special Care Facility (Home): An institutionalized nursing home, supervisory care home, sheltered care home or other facility used for the purpose of providing supervisory care, personal care, and nursing care. Special Needs Housing: Multiple unit dwellings or dwelling groups operated by a non-profit corporation or public authority and used exclusively for the domestic habitation of senior citizens, disabled persons, occupants of subsidized housing, or the cohabitant spouse and children of persons noted above. Storey: That portion of a building, other than an attic or basement, between the upper surface of any floor and the upper surface of the floor next above. Storey, One-Half: That portion of a building situated wholly or in part within the roof and in which there is sufficient space to provide a height in accordance with the National Building Code of Canada, between finished floor and finished ceiling 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 (2.0 feet) or more at any point. Tavern: An establishment, or portion thereof, where the primary business is the sale of beverage alcohol for consumption on the premises, with or without food, and where no live entertainment or dance floor is permitted, subject to Provincial Regulations. (Tele)communication Facility: A structure situated on a non-residential site that is intended for transmitting or receiving television, radio or cellular communications, excluding those used exclusively for dispatch communications. Temporary Garage: Shall mean a temporary prefabricated shelter constructed with a metal or plastic frame and covered with a tarpaulin or other similar type of fabric or plastic cover used primarily for the storage of vehicles or other equipment accessory to a residential use only. Town of Broadview Zoning Bylaw 2013-05 - 18 - Tourist Campground: An area of land, managed as a unit, providing short-term accommodation for tents, camping trailers, motor homes and campers, including accessory facilities such as administration offices and laundry faculties. Town: The Town of Broadview. Town Administrator: The Chief Administrative Officer of the Town of Broadview. 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. Transfer Station: A facility that is used to temporarily store solid waste prior to its transport to a treatment, recycling, recovery or disposal facility. Trucking Firm Establishment: The use of land, buildings or structures for the purpose of storing, servicing, repairing, or loading trucks, transport trailers and/or buses, but does not include an automobile service station, transportation sales or rental outlets. Use: The activity or purpose for which any land, building, structure, or premises, or part thereof is arranged, designed, or intended, occupied, or maintained. Used For: Includes "arranged for", "designed for", "intended for", "maintained for", and "occupied for". Utility Shed: An accessory building or structure used for the storage of goods with a maximum floor area of 9.29 m² (100 ft²). Vehicle Repair and Maintenance Service Indoor: includes all land uses which perform maintenance services to motorized vehicles and contain all operations (except vehicle storage) entirely within an enclosed building. Outdoor: maintenance services have all or any portion of their operations located outside of an enclosed building. 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, but does not include a septic system for a single residence or farmstead, or a manure storage area for an intensive livestock operation. Waste Disposal Facility, Solid: A facility or a temporary storage facility, to accommodate discarded materials, substances or objects which originated from residential, commercial, institutional and industrial sources which are disposed of in municipal or private landfills, but not including dangerous goods, hazardous waste or biomedical waste. Wind Energy Conversion System: A system composed of a wind turbine, tower and associated control electronics with a capacity of less than 100 kW for non-residential use or 10 kW for residential use. It will be considered an accessory use and is intended to provide on-site power for a principal use. Wind Turbine: The individual component of a Wind Energy Conversion System that converts kinetic energy from the wind into electrical energy, independent of the electrical conductors, electrical storage system, electrical metering, or electrical inverters. Wind Turbine, Electrical: An individual component of a Wind Energy Conversion System which converts kinetic wind energy to electrical energy through electric currents. Wind Turbine, Mechanical: An individual component of a Wind Energy Conversion System which converts kinetic wind energy to mechanical energy through motion. Work Camp: A temporary Industrial or Construction camp established for the purpose of providing accommodation for employees, and without restricting the generality of the above, the camp is usually made up of a number of mobile units, clustered in such a fashion as to provide sleeping, eating and other basic living facilities. Yard: Open, uncovered space open to the sky on the same site with a building or structure. Motor Home - Camping Trailer Town of Broadview Zoning Bylaw 2013-05 - 19 - Yard, Front: The area between the side site lines and the front site line to the front building line (See Location and measurement of setbacks drawing). Yard, Rear: The area between the side site lines and the rear site line to the rear building line (See Location and measurement of setbacks drawing). Yard, Required: The minimum yard required by a provision of this Bylaw and within which, unless specifically permitted, no building or structure, or part of a building or structure shall be erected. Yard, Side: The area between the front and rear yards and between the side site line and the side building line (See Location and measurement of setbacks drawing).. Town of Broadview Zoning Bylaw 2013-05 - 20 - Metric to Imperial Conversions* *Conversions are rounded to the nearest decimal point Distance (metres - feet) 0.6 metres 2 ft 17.0 metres 55 ft 2.0 metres 7 ft 19.8 metres 65 ft 2.5 metres 8 ft 30 metres 98 ft 3.0 metres 10 ft 46 metres 150 ft 4.2 metres 14 ft 50 metres 164 ft 4.5 metres 15 ft 75 metres 246 ft 5.0 metres 16 ft 80 metres 262 ft 5.5 metres 18 ft 90 metres 295 ft 6.0 metres 20 ft 100 metres 328 ft 6.5 metres 21 ft 150 metres 492 ft 7.5 metres 25 ft 200 metres 656 ft 10 metres 33 ft 230 metres 755 ft 11 metres 36 ft 305 metres 1000 ft 12 metres 39 ft 467 metres 1532 ft 15 metres 49 ft 15.3 metres 50 ft Distance (kilometres - miles) Area .5 km .31 miles 1.0 m2 10.76ft2 .6 km .37 miles 5.0 m2 53.8 ft2 .8 km .5 miles 9.3 m2 100 ft2 1 km .62 miles 100 m2 1076 ft2 1.6 km 1 mile 0.8 hectare 2 acres 2.4 km 1.5 miles 1 hectare 2.5 acres 3.2 km 2 miles 2 hectares 5 acres 8 hectares 20 acres 64.8 hectares 160 acres Town of Broadview Zoning Bylaw 2013-05 - 21 - 3 ADMINISTRATION AND INTERPRETATION 3.1 Development Officer 3.1.1 The Town Administrator or person appointed by council of the Town of Broadview 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, in consultation with Council, 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 Official Community Plan. 3.3 Application For A Development Permit 3.3.1 Unless the proposed development or use is exempt from Development Permit requirements, before commencing any principal or accessory use development, including a public utility use, every developer shall: Town of Broadview Zoning Bylaw 2013-05 - 22 - a) Complete and submit a Development Permit application (refer to Permit application in Appendix "A"), and b) Receive a Development Permit for the proposed development. 3.3.2 A Development Permit shall not be issued for any use in contravention of any of the provisions of this Bylaw and the Official Community Plan. 3.3.3 Except where a particular development is specifically exempted by Section 3.4 of this Bylaw, no development or use shall commence without a Development Permit first being obtained. 3.4 Development Requiring A Permit, But Not Requiring A Fee The following developments shall conform to all other Bylaw requirements (e.g., building permits, setbacks, environmental and development standards): 3.4.1 Residential Zoning Districts a) Buildings and structures under 9.29 m² (100 ft2) in area, which are accessory to a principal, residential use except where such dwelling is a discretionary use. b) The erection of any television or radio antennae. 3.4.2 Commercial and Industrial Zoning Districts a) Buildings and structures under 9.29 m² (100 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 Accessory Uses All accessory uses, unless otherwise specified in this Bylaw. 3.4.4 Official Uses Uses and buildings undertaken, erected, or operated by the Town of Broadview. 3.4.5 Internal Alterations a) Residential Buildings i. Internal alterations to a residential building, provided that such alterations do not result in a change of use or an increase in the number of dwelling units within the building or on the site; b) All Other Buildings i. Internal alterations and maintenance to other buildings, including mechanical or electrical work, provided that the use, or intensity of use of the building, does not change. Town of Broadview Zoning Bylaw 2013-05 - 23 - 3.4.6 Landscaping Landscaped areas and driveways provided the natural or designed drainage pattern of the site and adjacent sites are not adversely impacted. Approved drainage by the Town must remain on an individual's property eventually draining to the street or lane without impacting the adjacent properties. 3.5 Interpretation 3.5.1 Where any provision of this Bylaw appears unclear, Council shall make the final Bylaw interpretation. 3.5.2 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 Concept Plans 3.6.1 A Concept Plan shall be completed prior to consideration of an application by Council by any person proposing to rezone, subdivide, or re-subdivide 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. The scope and required detail of the Concept Plan 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 Concept Plan must be prepared in accordance with the overall goals and objectives of the Official Community Plan. Council shall not consider any development application until all required information has been received. The responsibility for undertaking all technical investigations and hosting public meetings as required shall be borne solely by the applicant. 3.7 Development Permit Procedure Where an application for a Development Permit is made for a permitted use in conformity Town of Broadview Zoning Bylaw 2013-05 - 24 - with this Bylaw, The Planning and Development Act, 2007, and all other Town Bylaws, the Council shall hereby direct the Development Officer to issue a Development Permit. 3.7.1 Discretionary Use Application 3.7.1.1 Where an application for a Development Permit is made for a discretionary use, the Development Officer shall advise the Council as soon as practicable. 3.7.1.2 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. Council may delegate authority for considering discretionary use applications. 3.7.1.3 Prior to making a decision, Council may refer the application to whichever Government Agencies, the District Planning Commission, 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. 3.7.1.4 The Development Officer shall direct the applicant for a discretionary use, or 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 within a 75.0 metre (246.07 foot) radius of the proposed development. 3.7.1.5 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. 3.7.1.6 Upon approval of a discretionary use by resolution of Council, the Development Officer shall issue a Development Permit for the discretionary use at the location and under such terms and development standards specified by Council in its resolution. 3.7.1.7 The Development Officer shall maintain a record of development permits issued pursuant to this section and complaints received. This list shall be submitted to Council at least once per year for their review. 3.7.2 Development Permit Decision 3.7.2.1 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 Town of Broadview Zoning Bylaw 2013-05 - 25 - conditions attached to a discretionary use application to the Development Appeals Board subject to the provisions of The Planning and Development Act, 2007. 3.7.2.2 If the proposal conforms to the provisions of this Bylaw, a Development Permit shall be issued, subject to any development standards, special regulations, or performance standards that may be required. 3.8 Development Permit: Validity 3.8.1 A Development Permit is valid for a period of twelve (12) months unless otherwise stipulated when the permit is issued. 3.8.2 Where the Development Officer determines that a development is being carried out in contravention of any condition of a Development Permit or any provision of this Bylaw, the Development Officer shall suspend or revoke the Development Permit and notify the permit holder that the permit is no longer in force. 3.8.3 Where the Council is satisfied that a development, for which the permit has been suspended or revoked, will be carried out in conformity with the conditions of the Permit and the requirements of this Bylaw the Council may reinstate the Development Permit and notify the permit holder that the permit is valid and in force. 3.9 Development Permit Application Fees 3.9.1 An applicant seeking the approval of a Development Permit application shall pay the required fee as set out in the Development Fee Bylaw of the Town. 3.9.2 There shall be no Development Permit application fee for accessory buildings to a residential use, sign permits, licenses for home occupations or other forms of business licenses. 3.9.3 An applicant seeking a discretionary use approval shall pay the required fee as set out in the Development Fee Bylaw of the Town. 3.9.4 The Development Officer shall direct the applicant for a discretionary use, or 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 within a 75.0 metre (246.07 foot) radius of the proposed development. 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. Town of Broadview Zoning Bylaw 2013-05 - 26 - 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 Administrative reviews, any professional review of the application and the costs in carrying out a public hearing as set out in the Development Fee Bylaw of the Town. 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 the Town of Broadview's 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 service, 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 five members, to hear and determine appeals in accordance with Section 213 to 227 inclusive, of The Planning and Development Act 2007. 3.14 Minor Variances a) Where an application for a permitted use has been denied, the applicant shall be advised of the right of appeal to the Development Appeals Board. b) Appellants also 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. c) 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 the right of appeal. Town of Broadview Zoning Bylaw 2013-05 - 27 - 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. a) The maximum amount of a minor variance shall be 10% variation from the Requirements of this Bylaw. b) The development must conform to all other requirements of this Bylaw. c) The relaxation of the Bylaw requirement must not injuriously affect a neighbouring property. d) A minor variance must not be granted: iii. For a discretionary use or form of development, or in connection with an agreement to rezone pursuant to Section 69 respecting the rezoning of land; or iv. If it would be inconsistent with any provincial land use policies or statements of provincial interest. 3.14.2 An application form for a minor variance shall be in a form prescribed by the Development Officer and shall be accompanied by an application fee as set out in the Development Fee Bylaw of the Town. 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) Refuse 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 The written notice shall contain: a) A summary of the application; b) Reasons for and an effective date of the decision; Town of Broadview Zoning Bylaw 2013-05 - 28 - c) Notice that an adjoining assessed owner has 20 days to lodge a written objection with the Development Officer, which, if received, will result in the approval of the minor variance being revoked; and d) Where there is an objection and the approval is revoked, the applicant shall be notified of the right to appeal to the Development Appeals Board. 3.14.8 A decision to approve a minor variance, with or without terms and conditions, does not take effect until 23 days from the date the notice was provided. 3.14.9 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. 3.14.10 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 Buildings Uses And Sites 3.15.1 Any use of land or any building or structure lawfully existing at the time of passing this Bylaw that is rendered non-conforming by the enactment of this Bylaw or any subsequent amendments, may be continued, transferred, or sold in accordance with provisions of 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 reasonably equivalent to the metric standard herein established. 3.15.4 No existing site shall be deemed to be non-conforming by reason only of its dimensions or area failing to at least equal the standards prescribed for proposed sites in the Zoning District in which the site is located. 3.15.5 For any conforming or legally non-conforming building or use which is in existence on the effective date of this Bylaw, that is reconstructed, repaired or re-established, off-street parking or loading facilities shall be provided in accordance with the provisions of this Bylaw. Town of Broadview Zoning Bylaw 2013-05 - 29 - 3.16 Development Permit - Invalid A Development Permit shall be automatically invalid and development shall cease, as the case may be: a) If the proposed development is not commenced within the period for which the Permit is valid; b) If the proposed 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 d) When a written appeal notice is received by the Development Appeals Board secretary regarding the Development Permit. 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 register an Interest with ISC under this Bylaw. 3.19 Offences and Penalties Any person who violates this Bylaw may be charged and liable on summary conviction to the penalties in The Planning and Development Act, 2007. 3.20 Inspection of Premises The Development Officer, or any official or employee of the Municipality acting under their direction, is hereby authorized to enter, at all reasonable hours, upon any property or premises in or about which there is reason to believe that provisions of this Bylaw are not being complied with, and for the purpose of carrying out their duties under this Bylaw, in accordance with Section 242 of The Planning and Development Act, 2007. Town of Broadview Zoning Bylaw 2013-05 - 30 - 3.21 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. 3.22 Performance Bonds Council may require a developer to post and maintain a performance bond to ensure developer performance and to protect the public interest. 3.23 Liability Insurance Council may require developers to provide and maintain liability insurance to protect the Municipality, developer and public. 3.24 Registering Interests Council may require that development and servicing agreements and other agreements or documents may be registered against title on affected lands, in accordance with The Land Titles Act, to protect Municipal and public interests. 3.25 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. 3.26 Demolition of Buildings No building shall be demolished without first obtaining a Demolition/Development Permit from the Development Officer. Such Permit shall not be issued unless a proposal for the interim or long-term use or redevelopment of the site is also submitted, and the proposed use is in conformity with this Bylaw. A separate Development Permit is required for any redevelopment of the site. Demolition Permit fees are set out in the Development Fee Bylaw of the Town. 3.27 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, or oil and gas sector activities. Nothing in this Bylaw shall prevent the use of land, or the erection or use of any building or structure for a construction camp, work camp, tool shed, scaffold, or other building or structure incidental to and necessary for construction work on the premises, but only for so long as such use, building, or structure is necessary for such construction work as has not been finished or abandoned. Town of Broadview Zoning Bylaw 2013-05 - 31 - 3.28 Development Agreements 3.28.1 Council may request a developer to enter into a Development Agreement to ensure development conformity with The Official Community Plan and this Bylaw, pursuant to Section 171 to 176 inclusive, The Planning and Development Act, 2007. 3.28.2 A Development Agreement is mandatory for approval of a Garden (Granny) Suite. 3.29 Servicing Agreements 3.29.1 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. 3.29.2 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, gravelled 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 levies and charges, 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. Town of Broadview Zoning Bylaw 2013-05 - 32 - 4 GENERAL REGULATIONS The following regulations shall apply to all Zoning Districts in this Bylaw. 4.1 Licenses, Permits, and Compliance With Other Bylaws and Legislation In their interpretation and application, the provisions of this Bylaw shall be held to be the minimum requirements adopted for the promotion of the public health, safety, and general welfare. Nothing in this Bylaw shall exempt any person from complying with the requirements of a building regulation Bylaw or any other Bylaw in force within the Town of Broadview or law within the Province of Saskatchewan or Canada; or from obtaining any license, permission, permit, authority, or approval required by this or any other Bylaw of the Town of Broadview 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 more stringent 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, but no Residential dwelling shall be located within 3.05 metres (10 feet) 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 provided that such use, building, or structure shall be in substantial compliance with the relevant provisions of this Bylaw and shall not adversely affect the character or amenity of the neighbourhood in which the same is located. Town of Broadview Zoning Bylaw 2013-05 - 33 - 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: district parks, educational institutions, hospitals, recreation facilities, special care homes, senior citizen homes, industrial complexes, office complexes, and approved dwelling groups and condominium developments. 4.5.2 Multiple unit residential buildings (e.g. duplex, fourplex) are considered to be one principal building under this Bylaw, and all other uses and buildings on the site must be accessory. 4.5.3 Multiple-Unit Commercial and Institutional buildings are subject to the site regulations which apply to the intended use requiring the largest lot area and yard setbacks. Commercial and Industrial complexes shall be accommodated when their activities are vertically integrated (complementary). 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 an application for development of a principal building has been approved, Council, at its discretion, may allow prior development of an accessory building where such building is required for storage of construction materials or equipment. If the principal building is not completed within the time period required, the accessory building is to be removed. 4.6.4 Where a building on a site is attached to a principal building by a solid roof or by structural rafters, the building is deemed to be part of the principal building. 4.6.5 No accessory building or structure shall exceed the height of the principal building and in no case shall such accessory building or structure exceed the height limits provided for accessory buildings or structures in the Zoning District in which it is located. 4.6.6 Location of Accessory Buildings: a) Accessory buildings shall be subordinate to and located on the same lot as the principal permitted use; b) Accessory buildings on corner lots shall be subject to the side and front yard requirements of the principal building on those lot sides which abut streets; Town of Broadview Zoning Bylaw 2013-05 - 34 - c) Detached accessory buildings shall be located a minimum of 1.0 metre (3.29 feet) from the principal building; d) Accessory buildings shall not be permitted in any required front yard. (including temporary garage structures which shall be located in the side or rear yard only); e) Accessory buildings located in a required rear yard shall not occupy more than 30 percent (30%) of the required rear yard and shall not interfere with access to a lane. 4.6.7 Trailers, Box Cars, Sea and Rail Containers: No person shall park or store on any part of a site, any unlicensed rail or sea container, truck, bus or coach body for the purpose of advertising or warehousing within any Zoning District. Mobile Storage containers may be accommodated in the High Profile Commercial or Industrial District only and with a Development Permit from the Town of Broadview. 4.7 Building Line Where a building line has been established by existing buildings greater than the bylaw minimum, the required building line shall be that of the existing established line. 4.8 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; but not be less than 4.58 metres (15 feet) in a Residential district unless otherwise permitted in this Bylaw. 4.9 Frontage For Irregular Sites 4.9.1 Where the site frontage is along a cul-de-sac, curve or is irregular, the minimum site frontage shall be 11.0 (36 feet) metres and the mean site width shall not be less than the minimum frontage for regular sites in the same Zoning District. Town of Broadview Zoning Bylaw 2013-05 - 35 - 4.10 Required Minimum Yards and Open Spaces 4.10.1 Where a lot is bisected by a zoning district boundary line, the lands in the more restricted district shall not be included as part of the required yard spaces for any building, structure or use not permitted in the restricted district. 4.10.2 No portion of any yard or other open space required about any principal building or use shall provide any portion of a yard or open space for any other principal building or use. 4.10.3 The following are permitted when located in the required yards and shall not be subject to the minimum yard setback requirements, except those requirements set out in each zoning district: a) in all yards; trees, shrubs, walks, trellises, flag poles, fences, walls, and uncovered driveways; b) in front yards, in addition to the above, lighting fixtures and lamp posts; and c) in rear yards, in addition to the above, recreation equipment, laundry drying equipment, and garbage stands. 4.11 Permitted Yard Encroachments 4.11.1 All buildings, structures and landscaping elements are to be located wholly within the boundaries of the lot except as follows: a) Sidewalks, driveways and landscaping may be allowed on the undeveloped parts of public streets abutting a lot, where such development is necessary to connect the lot with the developed portion of the street and forms part of the overall landscaping of the lot; b) Fences or landscaping along common property lines that are jointly constructed or maintained by the abutting property owners. 4.11.2 Where minimum front, side or rear yards are required in any Zoning District, the following yard encroachments shall be permitted: a) A Development Permit is required for the construction of a deck or patio; b) Uncovered and open balconies, terraces, verandas, decks, and patios may have a maximum projection from the main wall of 1.83 metres (6 feet) into any required front yard; c) Window sills, roof overhangs, eaves, gutters, bay windows, chimneys, and similar alterations may project a distance of 0.61 metres (2 feet) into any required yard; d) In any rear yard, the construction of a roofed or open terrace, deck, porch or veranda may project a maximum of 3.66 metres (12 feet) from the main wall; e) In any side yard the construction of a deck may not come closer than 1.2 metres (3.94 feet) to the side lot line. Town of Broadview Zoning Bylaw 2013-05 - 36 - 4.12 Height of Buildings and Structures 4.12.1 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 , spires, belfries, cupolas, television antenna, solar collectors, or other appurtenances usually required to be placed above the roof level, and not intended for human occupancy. 4.12.2 Height regulations or limitations do not apply to the following: spires, belfries, cupolas, television antennas and solar collectors, or other appurtenances usually required to be placed above the roof level, and not intended for human occupancy. 4.13 Restoration to a Safe Condition Nothing in this Bylaw shall prevent the structural improvement or restoration to a safe condition of any building or structure, provided that such structural improvement or restoration shall not increase the height, area or volume so as to contravene the provisions of this Bylaw. 4.14 Grading and Leveling of Sites 4.14.1 Every development shall be graded and leveled at the owner's expense to provide for adequate surface drainage, not beyond the property boundary so as not to adversely affect adjacent property, or the stability of the land. a) All excavations or filling shall be re-vegetated immediately after other construction activities conclude, with a suitable ground cover as may be necessary to prevent erosion. b) All vegetation and debris in an area to be re-graded or filled must be removed from the site prior to site grading and leveling. c) All topsoil from an area that is to be re-graded must be stripped, stockpiled, and replaced on the re-graded area, or re-located to a site approved by Council. 4.15 Natural Hazard Lands Development of hazard lands will only be allowed where mitigating measures such as fill, are undertaken. The mitigating measures must be approved or accepted by Council and interested provincial agencies before they are undertaken to ensure that they are adequate and do not create other potential problems on the site or adjoining sites. Any mitigating measures must be taken to be certified acceptable by a qualified professional engineer. 4.16 Restrictions on Changes 4.16.1 The purpose for which any land or building is used shall not be changed, no new building or addition to any existing building shall be erected, and no land shall be severed from any site, if such change, erection or severance creates a situation that Town of Broadview Zoning Bylaw 2013-05 - 37 - contravenes any of the provisions of this Bylaw applicable to each individual remaining building, accessory building, site, or lot. 4.16.2 Notwithstanding the provisions of subsection 4.16.1, no person shall be deemed to have contravened any provision of this Bylaw if only part or parts of any site or lot has, or have been conveyed to, or acquired by, the Municipality or the Province of Saskatchewan for a public work. 4.17 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. 4.18 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. 4.19 Landscape Buffers 4.19.1 Landscape buffers are intended to improve land use compatibility and environmental quality by reducing noise, lighting glare and other nuisances, or by facilitating natural drainage. Landscape buffers, where required to separate uses from adjacent properties, may be required to provide a minimum 1.0 metre (3.29 feet) vegetative landscape buffer, unless a fence is required for other reasons. 4.19.2 Screening: Where a lot used for Commercial or Industrial purposes abuts a Residential or Community Service District without an intervening street or lane, it shall be screened except for points of entrance and exit by a solid painted fence or wall or a compact evergreen hedge or tree belt not less than 3.0 metres (9.84 feet) in height, all of which shall be maintained in good condition at all times. 4.19.3 Primary entrances into the Town and parking lots abutting major roads may require a landscape buffer. 4.19.4 Notwithstanding any other provisions in this Bylaw, where buffers are required for greenways, trails, parks and landscaped areas, they shall be required to reflect the character and intent of the Official Community Plan. 4.20 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 Town of Broadview Zoning Bylaw 2013-05 - 38 - 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. 4.21 Site Triangles at Intersections 4.21.1 Every development site shall provide a clear line of sight for motorists and pedestrians. 4.21.2 There shall be no planting or structures over 0.75 metres (2.47 feet) high above grade of the streets within sight triangles. 4.21.3 Minimum requirements for sight triangles are that at the intersection of two streets bound by lines along the street curb or ditch and a line joining said lines 10 metres (32.81 feet) from their point of intersection. 4.22 Railway Crossings and Sight Distances Notwithstanding anything contained in this Bylaw, where any public street crosses a railway at the same grade, no building or structure shall be erected within 45.72 metres (150 feet) of the point of intersection of the centre line of both the railway and the street. 4.23 Bareland Condominium Developments 4.23.1 Bareland Condominium developments shall comply with the minimum site area, coverage, width, height and yard setbacks as stated in the relevant Residential Zoning District. 4.23.2 One primary dwelling unit is permitted per bareland condominium lot. No individual detached accessory buildings are permitted. 4.23.3 Bareland condominium developments may include private open space and one accessory building for joint recreational or storage use by residents of the development shall be permitted, subject to all yard setback requirements of the Residential District in which it is located. 4.24 Satellite Dishes 4.24.1 Satellite dishes in excess of 0.92 metre (3 feet) 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. 4.24.2 Satellite dishes located in Residential Districts, which exceed 0.92 metre (3 feet) in diameter shall only be erected on the roof of an accessory building if said accessory building is located entirely within a rear yard; and Town of Broadview Zoning Bylaw 2013-05 - 39 - 4.24.3 Satellite dishes may be erected in Commercial or Industrial Districts for communications purposes or re-broadcasting of television signals. 4.25 Communication Towers The erection of Cellular telephone transmission towers shall not be permitted in, or closer than 100.59 metres (330 feet) to any Residential District. 4.26 Private Garages, Sunrooms, Solariums, and Greenhouses Private garages, carports, sunrooms, solariums, and greenhouses attached to the principal building by a substantial roof structure shall be considered as part of the principal building and shall be subject to the regulations for the main building. 4.27 Swimming Pools 4.27.1 Notwithstanding anything contained in this Bylaw, a swimming pool is permitted as an accessory use to a permitted use in a Residential District or a motel (motor hotel) in a High Profile Commercial District. A swimming pool shall be located in the rear yard of any lot in accordance with the following provisions: a) No part of such pool is to be located closer to any lot or street line than the minimum distance required for the principal building located on such lot; and b) The maximum height of such pool is 1.22 metres (4 feet) above the average finished grade level of the ground adjoining the pool; c) Every swimming pool shall be enclosed by a non-climbable fence of at least 2.5 metres (8.21 feet) in height, not more than 10 centimetres (4 inches) from the ground and located at a distance of not less than 1.5 metres (4.93 feet) from the pool with a lockable gate, equal in height to the fence; and d) Any deck attached to or abutting a swimming pool shall be considered as part of the swimming pool. 4.27.2 Any building or structure, other than a dwelling, required for changing clothing or for pumping or filtering facilities, or other similar accessory uses, shall comply with the provisions in the applicable Zoning Districts in Section 6 of this Bylaw, respecting accessory buildings. 4.28 Prohibited and Noxious Uses 4.28.1 The keeping of livestock shall not be allowed except for permitted agricultural uses in the FUD - Future Urban Development District. 4.28.2 Holding or septic tanks are not permitted in areas of the Town which are serviceable from existing municipal sewer lines. Town of Broadview Zoning Bylaw 2013-05 - 40 - 4.28.3 Developments outside the area which cannot be serviced from the sewer lines are to be connected to a private sewage disposal system approved by Saskatchewan Health. 4.28.4 Private water wells are not permitted in all areas of the Town. 4.28.5 Noxious Uses a) Any use is prohibited which, by its nature or the materials used therein, is declared by The Public Health Act and Regulations to be a noxious trade, business, or manufacture. b) Notwithstanding any use contained within a building, no land shall be used and no building or structure shall be erected, altered or used for any purpose that is noxious and, without limiting the generality of this subsection, for any purpose that creates or is likely to become a nuisance or offence, or both: i. By the creation of noise or vibration; ii. By the emission of light and glare; iii. By reason of the emission of gas, fumes, smoke, dust or objectionable odour; iv. By reason of the unsightly storage of goods, wares, merchandise, salvage, refuse matter, motor vehicles, trailers or parts of vehicles or trailers, machinery, or other such material; and/or v. By any combination of things in this subsection. c) A business or activity may not use or store any material, product, substance or organisms which, because of its quantity, concentration or risk of spill, or its physical, chemical or infections characteristics, either individually or in combination with other substances, is an existing or potential threat to the physical environment, to human health or to living organisms, including but not limited to: i. Corrosives, explosives, flammable or combustible liquids; ii. flammable solids, substances liable to spontaneous combustion, substances that on contact with water emit flammable gases; iii. poisonous(toxic) and infections substances; iv. radioactive materials; v. oxidizing substances; vi. organic peroxides; vii. gases, compressed, deeply refrigerated, liquefied or dissolved under pressure; viii. waste dangerous materials, and any other environmentally hazardous substances. d) Facilities or developments, which manufacture, handle, store or distribute hazardous materials, will be governed by the following: Town of Broadview Zoning Bylaw 2013-05 - 41 - i. Hazardous facilities shall not be located closer to dwellings than permitted or recommended by Saskatchewan Environment; ii. Where new development or expansion of a potentially hazardous use is proposed, information may be required relating to the nature of any potential discharges into the air, soil or water, the nature of outside storage requirements, the compatibility of surrounding land uses, and plans for buffering such activities from adjacent uses; iii. Industries considered hazardous due to the transport, handling, bulk storage or use of hazardous materials, and in instances where the risk is severe, development may shall be discouraged from locating in the Town and be directed to a more suitable rural location. 4.29 Disposal Of Wastes 4.29.1 Subject to all Acts and Regulations pertaining in any way to the storage, handling, and disposal of any waste material or used item, and except as permitted by these Acts and Regulations, no liquid, solid, or gaseous wastes shall be allowed to be discharged into any steam, creek, river, lake, pond, slough, intermittent drainage channel or other body of water, onto or beneath the surface of any land, or into the air. 4.29.2 No development or use of land which requires solid or liquid waste disposal facilities shall be permitted unless those facilities are approved by Saskatchewan Health and the Saskatchewan Water Security Agency. Disposal of liquid, solid, or gaseous waste shall be governed by Acts administered by Saskatchewan Agriculture, Saskatchewan Environment, Saskatchewan Health and the Saskatchewan Water Security Agency. 4.30 Solid And Liquid Waste Disposal Facilities Municipal and commercial solid or liquid waste disposal facilities are subject to the following conditions: a) The facility will be located as near as practical to the source of waste; b) The facility will have undergone satisfactory review as required by Provincial Authorities for environmental assessment and operational design; c) The facilities will be located at least 300.0 metres (985.26 feet) for liquid waste, and 457.0 metres (1499.35 feet) 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 Town of Broadview Zoning Bylaw 2013-05 - 42 - g) Council may apply special standards for screening, fencing and reclamation of the site. 4.31 Lighting 4.31.1 All outdoor lighting for any development shall be located and arranged so that no direct rays of light are directed at any adjoining properties, interfere with the use and enjoyment of neighbouring lands, or interfere with the effectiveness of any traffic control devices or the vision/safety of motorists. 4.31.2 Appropriate lighting of commercial and industrial development shall be undertaken to provide security and to add visual interest. Lighting standards and fixtures shall be of consistent design and complimentary to the overall architecture. 4.31.3 Public access areas shall be lit in keeping with the principles of Crime Prevention Through Environmental Design(CPTED) and require site lighting as is necessary to encourage pedestrian safety and allow casual surveillance from adjacent buildings and roads of parking and walkways. 4.32 Provision of Off-Street Parking and Loading Spaces 4.32.1 No person within any Zoning District, shall erect, enlarge, substantially alter, or extend any building permitted under this Bylaw, unless the required off-street parking and loading spaces as required are provided and maintained in connection with such development. 4.32.2 When the intensity of use of any building is increased by the additional dwelling units, floor area, seating capacity, or other unit of measurement, the number of parking and loading spaces shall also be increased in conformance with the provisions of this Bylaw. 4.32.3 Whenever the existing use of a building is changed, additional parking and loading spaces shall be provided as required for the new use; however, if the said building or structure was erected prior to the effective date of this Bylaw, additional parking and loading spaces are required only by the number that the requirements for the new use exceed those of the existing use. 4.32.4 Where the necessary off-street parking space is provided on a lot which is separate from that containing the building for which it is provided, a registerable agreement between the Town and the owner of the lot on which the parking is located shall be recorded by the Town Administrator. Council shall require that development and servicing agreements and other agreements or documents may be registered against title on affected lands, in accordance with The Land Titles Act, to protect Municipal and public interests. Town of Broadview Zoning Bylaw 2013-05 - 43 - 5 DEVELOPMENT STANDARDS FOR DISCRETIONARY USES This Section addresses special provisions and specific development standards that apply to the following discretionary developments. These criteria, provisions and development standards apply in addition to any standards of the Zoning District. 5.1 Home Occupations 5.1.1 Home-based occupations and businesses will be accommodated provided that they are clearly secondary to the principal residential use of the dwelling unit, compatible with the surrounding residential area, and not of a size that provide services or products that would detrimentally affect the viability of the neighbourhood. 5.1.2 Home occupations shall be permitted only in single detached, semi-detached, duplex, mobile homes and associated accessory structures. 5.1.3 The total floor area for all home occupation uses shall not occupy more than 25% of the gross floor area of the dwelling unit and accessory structure. 5.1.4 Home occupations shall be conducted entirely within the dwelling or accessory building. 5.1.5 One advertising display sign shall be allowed on the site or premise from which the home occupation is conducted. No LED or neon signs shall be allowed. 5.1.6 There shall be no exterior display or storage of any merchandise or material relating to the home occupation. 5.1.7 Home occupations shall not create any conflict with surrounding residential uses or endanger public safety. 5.1.8 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. In approving any discretionary use to minimize land use conflict, Council may prescribe specific development standards related to: a) Site drainage of storm water; b) The location of buildings with respect to buildings on adjacent properties; c) Access to, number and location of parking and loading facilities; d) Appropriate space for vehicle movement in order to reduce disruption of traffic flows on adjacent roadways; e) Control of noise, glare, dust and odour; f) Landscaping, screening and fencing to buffer adjacent properties. Town of Broadview Zoning Bylaw 2013-05 - 44 - 5.1.9 No mechanical, electrical or construction equipment shall be used, except such as in normally used for domestic, office, or personal care purposes. 5.1.10 A retail store shall not be the principal purpose of a home occupation. 5.1.11 One (1) person other than a resident of the dwelling unit may be engaged in any home occupation as an employee or a volunteer. 5.1.12 Parking: The home occupation shall not cause or add to on-street parking congestion or cause an increase in traffic through residential zones. a) No more than one business vehicle, for which off-street parking is provided, shall be operated in connection with the home occupation. b) Parking of vehicles of employees hired for off-site jobs shall not be allowed at or in the vicinity of the dwelling unit. 5.2 Secondary Suites 5.2.1 Secondary suites may be constructed within a principal, single detached dwelling in a residential zone. Only one secondary suite is permitted on each residential site 5.2.2 Secondary suites must be located within the principal dwelling and must have a separate entrance from the principal dwelling either from a common indoor landing or directly from the exterior of the building. Secondary suites must contain cooking, eating, living, sleeping, and sanitary facilities. 5.2.3 Secondary suites may not exceed 35% of the total floor space, including basements, and may not have more than two bedrooms. 5.3 Modular Homes 5.3.1. All modular homes shall be placed on a piles or a permanent foundation. 5.3.2. All modular homes shall have architectural features similar or complementary to adjacent and nearby dwellings. 5.3.3 Modular homes shall be permanently connected to water and sewer services provided by the Municipality and permanently connected as available to other public works. 5.3.4 All other requirements of this Bylaw apply. Town of Broadview Zoning Bylaw 2013-05 - 45 - 5.4 Bed and Breakfast Homes 5.4.1 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. 5.4.2 Bed and breakfast homes shall be located in a single detached dwelling used as the operator's principal residence developed shall be licensed by the Ministry of Health. 5.4.3 Required parking spaces may be permitted in a required front yard. 5.4.4 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 (5.39 ft2). 5.5 Day Care Centres And Pre-Schools 5.5.1 Day care centres and pre-schools may be approved as an accessory use or as a principal use, subject to Provincial legislation and requirements. 5.5.2 In any Residential District, no exterior alterations shall be undertaken to a dwelling or former dwelling which would be inconsistent with the residential character of the building or property. 5.5.3 Day care centres or pre-schools which are located in Residential Districts shall provide at least 3.25 m² (34.99 ft2) of fenced on-site outdoor play space for each child present in the facility at any one time. 5.5.4 Required parking spaces may be located in a required front yard. 5.6 Residential Care Homes 5.6.1 Residential care homes may be approved as an accessory use or as a principal use, subject to Provincial legislation and requirements. 5.6.2 In any Residential District, no exterior alterations shall be undertaken to a dwelling or former dwelling which would be inconsistent with the residential character of the building or property. 5.6.3 Required parking spaces may be located in a required front yard. 5.6.4 No building or structure used for the purpose of a residential care home shall be used for the purpose of keeping boarders or lodgers. Town of Broadview Zoning Bylaw 2013-05 - 46 - 5.7 Strip Malls 5.7.1 Strip Malls, when permitted, must be primarily for pedestrian use and accessible to the public from both the street and from the development. 5.7.2 The Town will consider the appropriate separation to other uses that may be incompatible with Shopping Centre/Strip Mall retail and service activities. 5.7.3 The Town will consider the potential uses and street access to the site when making a discretionary use decision on a proposed strip mall. Access and egress points shall be designed to minimize conflict with adjacent land uses and not pose a safety hazard. 5.7.4 Other criteria may include the street façade, main street entrance, windows along the street and the relaxation of on-site parking requirements. 5.7.5 Landscaping shall be provided. If abutting a Residential or Community Service District, a suitable buffer composed of tree planting or a hedge shall be provided in accordance with Section 4.19. 5.8 Campgrounds 5.8.1 The operator of a campground shall provide the Development Officer with a plan of the campground, identifying any buildings, uses of land and the location of all roadways and trailer coach or tent campsites with dimensions. The addition or rearrangement of campsites, the construction or moving of buildings, and material change in use of portions of land, or the filling or clearing of land shall require a Development Permit, and the operator shall submit for approval an amended plan incorporating the development. 5.8.2 A campground shall have within its boundaries, a buffer area abutting the boundary of not less than 4.5 metres (14.77 feet) which shall contain no buildings. 5.8.3 The operator of a campground shall designate a campsite for each trailer coach or tent party, which shall be less than 150 m² (1614.64 ft2) in area with its corners clearly marked. 5.8.4 One permanent sign located on site advertising the campground is permitted per site: a) The facial area of a sign shall not exceed 0.5 m² (5.39 ft2) ; b) No sign shall be located in any manner that may obstruct or jeopardize the safety of the public; c) Temporary signs not exceeding 1.0 m² (10.77 ft2) advertising the sale or lease of the property or other information relating to a temporary condition affecting the property are permitted. Town of Broadview Zoning Bylaw 2013-05 - 47 - 5.8.5 No portion of any campsite shall be located within a roadway or required buffer area. 5.8.6 Each campsite shall have direct and convenient access to a developed roadway, which is not located in any required buffer area. The space provided for roadways within a campground shall be at least 7.5 metres (24.61 feet) in width. No portion of any campsite, other use or structure shall be located in any roadway. 5.8.7 Each trailer coach shall be located at least 3.0 metres (9.85 feet)from any other trailer coach, and each campsite shall have dimensions sufficient to allow such location of trailer coaches. 5.8.8 A campground may include as ancillary uses a laundromat or a confectionery designed to meet the needs of the occupants of the campsites, and one single detached dwelling for the accommodation of the operator. 5.8.9 The Public Health Act shall be complied with in respect to all operations and development of the campground. 5.9 Temporary Work Camps In addition to the general requirements regarding discretionary use applications provided in Section 3 of this Bylaw, the following additional considerations shall be made for all applications for a Temporary Work Camp: 5.9.1 A Development Permit for a work Camp may be issued for up to 1 (one) year, at which time an application must be made for the continuance of the use for 1 (one) additional year, after which time a new Development Permit approval is required. 5.9.2 An application for a Development Permit must provide the following information and a Concept Plan for the development: a) The location, type and purpose of the camp; b) Adjacent Land uses; c) The method of supplying water and sewage and waste disposal to the camp. The proposed method of sewage disposal must comply with the Saskatchewan Onsite WasteWater Disposal Guide and in accordance with the Saskatchewan Public Health Act and Regulations; d) The number of persons proposed to live in the camp; e) The start date for development, date of occupancy by residents and removal day for the camp. 5.9.3 A Temporary Work Camp for accommodation purposes must be: a) Linked to a specific project for which a valid and current Development permit has been issued; b) Can only accommodate workers for this project; Town of Broadview Zoning Bylaw 2013-05 - 48 - c) Be able to accommodate a minimum of twenty(20) persons and a maximum of three-hundred (300) persons; d) Must be secured by the installation of appropriate fencing around the project accommodation and onsite security staff; e) Provide adequate on-site parking for private vehicles to the same standard as a Motel; f) Must be separated (buffered) from adjacent land uses. 5.9.4 The final review of a proposal will not be completed prior to the receipt and evaluation of all required information by the Development Officer, the District Health Region and any other relevant agency deemed necessary by the Municipality. 5.9.5 The Work Camp buildings and structures must be removed from site when the project is completed. 5.9.6 The Development must post a Performance Bond sufficient to remove and/or reclaim the site if the: a) Work Camp accommodation remains on site after the project is either completed or if work has stopped o the extent that the need for the camp no longer exists; or b) To reclaim the site is needed after the Work Camp has been removed from the site. 5.10 Temporary Garages 5.10.1 Must be kept in good shape and sightly as determined through inspection by Town representatives. 5.10.2 Any structures that are tattered, torn or in disrepair must either be removed or replaced. 5.10.3 Must be located in the side or rear yard only. 5.10.4 Property owner must obtain a permit from the Town of Broadview before constructing. 5.11 Mobile Storage Containers (Trailers, Sea and Rail Containers) No person shall park or store on any part of a site, any unlicensed rail or sea container, truck, bus or coach body for the purpose of advertising within any Zoning District. 5.11.1 Mobile Storage containers may be accommodated in the Prestige Highway Commercial or Industrial District under the following conditions: a) Permits from the Town of Broadview are required by the property owner before containers are parked or stored; Town of Broadview Zoning Bylaw 2013-05 - 49 - b) Must be properly anchored; c) Shall be located a minimum of 3.0 metres (9.85 feet) from the primary building and behind the rear wall of the primary building; d) Containers determined by the Town to be unsightly, misused, unsafe, or inappropriate in any way, must be removed at the owner's expense within a time period specified by the Town; e) Must meet the National Building Code Standards as applicable; f) Mobile storage containers (rail or sea cans) are prohibited in any Residential District; g) The area occupied by the mobile containers shall be included in the calculation of the maximum lot coverage permitted in the Zoning District in which they are located. 5.12 Solar Energy Collection A Building Permit is required for the installation of solar collector systems mounted on a building having a face area equal to or greater than 5 m². This includes:  Photovoltaic (PV) Solar System, converting sunlight to electricity generation.  Photovoltaic (PV) or non-PV Solar Panels (SP), used for potable water heating.  Photovoltaic (PV) or non-PV Solar Panels (SP), used for space heating or swimming pool heating. 5.12.1 Submissions shall include: a) A roof plan or wall elevation indicating the layout and spacing of the solar collectors on the roof of the building. b) Typical cross-section including but not limited to system height, tilt angle and attachments. c) Panel or module dimensions and manufacturers specifications including panel dead load and ballast where applicable. d) Mounting details clearly specifying panel attachment and specifications including framing reinforcement as may be required. e) Verification of existing roof or wall framing components affected by the proposed installation and the ability of the affected building structural system to accommodate all loads associated with the collector and racking system including dead load, wind load and snow accumulation. f) Solar panels used for the production of heat for water shall include mechanical drawings (plumbing schematic) detailing any connection to the potable water system. 5.13 Small Wind Energy Facilities Town of Broadview Zoning Bylaw 2013-05 - 50 - 5.13.1 The minimum site size for the allowance of any Small (less than 10 kilowatt) Wind Energy Facility shall be 0.4 hectares (0.99 acres). 5.13.2 The setback from the property line of a non-participating landowner to a wind energy generator (turbine) shall be no less than the length of the blade plus 10.0 metres (32.81 feet), or a minimum of 38.0 metres (124.68 feet), unless otherwise agreed to by the landowner, developer and the Town. 5.13.3 The separation distance from a Residential dwelling to a wind energy generator (turbine) shall be a minimum distance of 550 metres (1804.47 feet). 5.13.4 The maximum total tower height shall be 6.0 metres (19.69 feet) above grade level in Community Service or Industrial Districts. Town of Broadview Zoning Bylaw 2013-05 - 51 - 6 ZONING DISTRICTS AND ZONING MAPS 6.1 Zoning Districts For the purpose of this Bylaw, the Town of Broadview 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 in the individual Zoning District provided in this Section. FUD Future Urban Development C2 Commercial/Light Industrial R1 Low Density Residential HPC High Profile Commercial/Light Industrial RMH Residential Mobile Home IND Industrial C1 Town Centre Commercial CS Community Service 6.2 The Zoning District Map The map, bearing the statement "This is the Zoning District Map referred to in Bylaw No. 2013-05 adopted by the Town of Broadview", signed by the Mayor and by 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. 6.3.3 Where a boundary of a District crosses a parcel, the boundaries of the Districts shall be determined by the use of the scale shown on the map. 6.3.4 Where the boundary of a District is also a parcel boundary and the parcel boundary moves by the process of subdivision, the District boundary shall move with that parcel boundary, unless the boundary is otherwise located by amendment to the Bylaw. Town of Broadview Zoning Bylaw 2013-05 - 52 - 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 those uses existing on the land when the "H" is applied, and Public Works. Town of Broadview Zoning Bylaw 2013-05 - 53 - 6.5 Future Urban Development District - FUD The purpose of this District is to limit development that may affect future growth of the Town by providing for temporary and transitional uses and activities. No person shall within any FUD District use any land, or erect, alter or use any building or structure, except in accordance with the following provisions: 6.5.1 Permitted Uses a) Agricultural crop production and horticultural uses and buildings and structures customarily accessory to the agricultural use; b) Keeping of livestock, but excluding intensive livestock operations, poultry farms, hatcheries, or kennels; c) Commercial greenhouses, market gardens; d) Uses, buildings and structures accessory to the principal building or use; e) Recreational uses and sports grounds; f) Public works buildings and structures including offices, warehouses, and storage, yards; g) Uses in existence when this Bylaw comes into force. 6.5.2 Discretionary Uses The following uses may be permitted in the FUD- Future Urban Development District only by resolution of Council and only in locations specified by Council. Discretionary Use Requirements are provided in Sections 5: a) Large accessory buildings greater than 185 m² (2000 ft²); b) Public Works Waste management or sewage facilities; c) Wind Energy Facilities; d) Solar Energy Collection systems. 6.5.3 Site Development Regulations Minimum site area 8.0 hectares (19.76 acres) Minimum site frontage 30.0 metres (98.43 feet) Front yard 15.0 metres (49.22 feet ) unless the property abuts a municipal road, then the setback is 60.0 metres (196.86 feet) from the centerline of the municipal road Side yard 7.5 metres (24.61 feet) for dwelling and buildings accessory thereto, except the minimum side yard abutting a public street shall be 10.0 metres (32.81 feet) Rear yard 10.0 metres (32.81 feet) for dwellings and buildings accessory thereto, except that the minimum rear yard abutting a public street shall be 30.0 metres (98.43 feet) There shall be no minimum site development requirements for public works buildings, structures or facilities. FUD Town of Broadview Zoning Bylaw 2013-05 - 54 - 6.5.4 Accessory buildings a) Setbacks for accessory buildings shall meet the same requirements as the principal use or building. b) Temporary, fabric covered structures consisting of wood, metal or plastic framing covered on the roof and one or more sides with fabric, plastic, vinyl or other sheet material shall be permitted in the rear or side yard only and only after a Development Permit has been obtained from the Town. 6.5.5 Signage In the FUD- Future Urban Development District, signs advertising the principal use of the premises or the names of the occupants of the premises or the principal products offered for sale are permitted and Signs advertising off-premise activities only. No sign shall be located in any manner that may obstruct or jeopardize the safety of the public. Maximum number of signs One(1) permanent sign, which may be fascia, canopy, roof, projecting, or freestanding, may be located on any site Maximum size The facial area of a sign shall not exceed 1.0 metre (10.77 ft2) Billboards or Freestanding Signs One (1) billboard sign may be erected on any lot, in addition to other permitted signs. A site may have either a freestanding or billboard sign, but not both Special Provisions In the case of a home occupation, an additional permanent sign is permitted 6.5.6 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 Official Community Plan; iii. The development will not require the development of new streets and utility lines except as may be provided for in existing plans under the Official Community Plan and that the proposal is not premature. b) Any building or structure used for the habitation or shelter of animals permitted in this Zoning District shall be located a minimum distance of 75.0 metres (246.07 feet) from an occupied dwelling situated on an adjoining site. Town of Broadview Zoning Bylaw 2013-05 - 55 - 6.6 Low Density Residential District - R1 The purpose of the Residential District 1 (R1) is to accommodate primarily single family detached residential dwellings. No person shall within any R1-Residential District use any land or erect, alter or use any building or structure, except in accordance with the following provisions: 6.6.1 Permitted Uses a) One single detached dwelling; Ready to Move (RTM' s) and Modular. b) Uses, buildings and structures accessory to the foregoing permitted uses and located on the same site with the main use. c) Public works, buildings and structures excluding offices, warehouses, storage yards and waste management or sewage facilities. 6.6.2 Discretionary Uses The following uses may be permitted in the R1-Residential District only by resolution of Council and only in locations specified by Council. Discretionary Use Requirements are provided in Sections 5. a) One semi-detached or duplex dwelling. b) Mobile Homes c) Fourplex, townhouses or other multiple unit dwellings. d) Apartment building. e) Secondary Suites. f) Home Occupations (Home Based Businesses). g) Bed and Breakfast homes. h) Solar Energy Collection systems. 6.6.3 Site Development Regulations Single Detached, RTM's, Modular Homes and Mobile Homes Minimum site area 360 m² (3,875.14 ft²) with a lane, 475 m2 (5,113.03 ft²) without a lane Minimum site frontage 12.0 metres (39.38 feet) with a lane, 15.0 metres (49.22 feet) without a lane Minimum front yard 7.5 metres (24.61 feet) Minimum rear yard 6.0 metres (19.69 feet) Minimum side yard 1.2 metres (3.94 feet) , unless on a corner site the side yard shall be 3.0 metres (9.85 feet) R1 Town of Broadview Zoning Bylaw 2013-05 - 56 - Minimum floor area 90 m² (968.79 ft² ) Height 9.0 metres (29.53 feet) for Principal Buildings. Accessory buildings shall not exceed 5.0 metres (16.41 feet) in height from grade level to the peak of the roof. Maximum site coverage 50% Minimum parking spaces 2 Semi-detached and Duplex (per dwelling unit) Minimum site area 255 m² (2,744.89 ft²)/unit with a lane or 315m² (3,390.74 ft²)/unit without a lane Minimum site frontage 8.5 metres (27.89 feet)/unit with a lane or 10.5 metres (34.45 feet)/unit without a lane Minimum front yard 7.5 metres (24.61 feet) Minimum rear yard 6.0 metres (19.69 feet) Minimum side yard 1.2 metres (3.94 feet) unless on a corner site then the side yard shall be 3.0 metres (9.85 feet) Minimum floor area 65.03 m² (700.0 ft²) Height Principal Buildings: 9.0 metres (29.53 feet). Accessory Buildings shall not exceed 5.0 metres (16.41 feet) in height from grade level to the underside of the eaves Maximum site coverage 50% Minimum parking spaces 2 Townhouse, Fourplex and other Multiple Unit Dwellings (per dwelling unit) Minimum site area 185 m² (1,991.39 ft²) for each dwelling unit at grade level or main floor level plus 65 m² (699.68 ft²) for each additional unit on the lot. Any point on a main wall of any building shall be at least 5.0 metres (16.41 feet) from any point on the main wall of any other building on the site Minimum site frontage 7.6 metres (24.94 feet) Minimum front yard 6.0 metres (19.69 feet) Minimum rear yard 6.0 metres (19.69 feet) Minimum side yard 1.5 metres (4.92 feet) measured from the closest main wall of the principal building nearest the side lot line; or 50% of the average wall Town of Broadview Zoning Bylaw 2013-05 - 57 - height, whichever is greater for each side of the building Minimum floor area 65.03 m² (700.0 ft²) Height Principal Buildings: 9.0 metres (29.53 feet). Accessory Buildings shall not exceed 5.0 metres (16.41 feet) in height from grade level to the underside of the eaves Maximum site coverage 40% Minimum parking spaces 1.5 spaces/dwelling unit. Off-street parking areas for multiple - unit dwellings are to be developed in rear yards only Apartment Buildings Minimum site area 550m² (5,920.35 ft²) Minimum site frontage 20.0 metres (65.62 feet) Minimum front yard 7.5 metres (24.61 feet) Minimum rear yard 7.5 metres (24.61 feet) Minimum side yard 3.5 metres (11.49 feet) or 50% the average wall height whichever is greater Minimum floor area 50m² ( 538.22 ft² ) ( bachelor suite) , 70m² (753.50 ft² ) (1 Bedroom), 90m² (968.79 ft² ) (2 Bedroom) Height Principal Buildings: 15.0 metres (49.22 feet). Accessory buildings shall not exceed 5.0 metres (16.41 feet) in height from grade level to the peak of the roof. Maximum site coverage 50% maximum (interior lot), 60% maximum (corner lot) Minimum parking spaces 1.25 spaces/dwelling unit Town of Broadview Zoning Bylaw 2013-05 - 58 - Accessory Buildings and Structures Minimum front and side yard setbacks A minimum of 7.5 metres (24.61 feet) from the front site line, 1.2 metres (3.94 feet) from the principal building and 0.75 metres (2.46 feet) from the side site line unless the side site line is an abutting street then the side yard shall be 6.0 metres (19.69 feet) Minimum rear yard All accessory buildings shall be located a minimum of 1.5 metres (4.93 feet) from the rear site line except where an accessory building has a door or doors opening onto a lane then it shall not be located less than 2.0 metres (6.57 feet) from the site line abutting the lane Maximum floor area All accessory buildings shall not exceed 75 m² (800.00 ft²) in area 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) Only one carport or detached private garage not exceeding 75 m² (800.00 ft²) in area is permitted in any side yard or rear yard, provided there is sufficient available space to comply with all other requirements in this Section and unless otherwise permitted at Council's discretion. c) A carport attached to the dwelling unit consisting of a roof and supporting columns or structures which are not permanent walls, may be built not less than 1.5 metres (4.93 feet) from the supporting posts to the side lot line and is permitted to encroach into any required side yard providing that the roof or eaves are not closer than 0.75 metres (2.46 feet) from the side lot line. d) All activities related to artisan studios, crafts and workshops shall be conducted within an enclosed building. No exterior storage of materials, goods, or waste products is permitted, except within a waste disposal bin for collection. e) No attached structure (ie deck) shall have a total floor area greater than the main floor area of the principal building. In calculating the main floor area of a principal building, the area of an attached garage shall be excluded. f) Temporary, fabric covered structures consisting of wood, metal or plastic framing covered on the roof and one or more sides with fabric, plastic, vinyl or other sheet material may shall be permitted in the rear or side yard only and only after a Development Permit has been obtained from the Town. 6.6.4 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 wall, hedge, fence or other structure shall be erected past any property line; b) In a required front yard, to a height no greater than 1.22 metre (4.0 feet) above grade level; Town of Broadview Zoning Bylaw 2013-05 - 59 - c) In a required rear yard, to a height no greater than 2.0 metres (6.57 feet) above grade level; d) In the case of a corner lot, no wall, fence, hedge or shrub shall exceed 0.75 metre (2.46 feet) in height in an intersection sight triangle. 6.6.5 Signage a) One permanent sign is permitted per site. The facial area of a sign shall not exceed 0.5 m² (5.39 ft²). b) In the case of a home occupation or home based business, an additional permanent sign is permitted in a window of a dwelling. c) No sign shall be located in any manner that may obstruct or jeopardize the safety of the public. d) The sign permitted in subsection (1) shall not exceed 1 metre (3.29 feet) in height nor shall it be placed within 2 metres (6.57 feet) of any front or side lot line. e) Up to two (2) temporary signs not exceeding 1.0 m² (10.77 ft²) advertising the sale or lease of the property or other information relating to a temporary condition affecting the property are permitted. 6.6.6 Outside Storage a) No outdoor storage shall be permitted in the required front yard of any residential site. b) Council may apply special standards as a condition or for a discretionary use approval regarding the location of areas used for storage for that use. c) No wrecked, partially dismantled or inoperable vehicle or machinery shall be stored or displayed in any required yard. No yard shall be used for the storage or collection of hazardous material. d) Council may require special standards for the location setback or screening of any area devoted to the outdoor storage of vehicles, equipment or machinery normally used for the maintenance of the residential property. e) Provision shall be made for the owner of the property to temporarily display a maximum of either one (1) vehicle or recreational vehicle in operating condition that is for sale at any given point in time. Town of Broadview Zoning Bylaw 2013-05 - 60 - 6.7 Residential Mobile Home District ̶ RMH The purpose of the Residential Mobile Home District shall be to accommodate individual mobile homes or mobile home park development in a concentrated manner. No person shall within any RMH - Residential Mobile Home District use any land, or erect, alter or use any building or structure except in accordance with the following provisions: 6.7.1 Permitted Uses a) Mobile Home Park. b) One mobile home,(not older than 15 years), following the placement thereof on a permanent foundation. c) Modular Homes. d) Uses, buildings and structures accessory to the foregoing permitted uses and located on the same site with the main use. e) Sports fields, parks, swimming pools, playgrounds. f) Public works, buildings and structures excluding offices, warehouses, storage yards and waste management or sewage facilities. 6.7.2 Discretionary Uses The following uses may be permitted in the RMH - Residential Mobile Home District but only by resolution of Council and only in locations specified in such resolution of Council. Discretionary Use Requirements are provided in Sections 5. a) Home Occupations (Home Based Businesses). b) Laundromat. c) Neighbourhood convenience stores. d) Recreational Vehicle Park. 6.7.3 Site Development Regulations Mobile Home Sites Minimum site area 360 m² (3,875.14 ft²) Minimum site frontage 12.0 metres (39.37 feet) Minimum front yard 5.0 metres (16.41 feet) Minimum rear yard 5.0 metres (16.41 feet) Minimum side yard 1.2 metres (3.94 feet), unless on a corner site the side yard shall be 3.0 metres (9.85 feet) Building Height Mobile Homes: 6.0 metres (19.69 feet). Accessory Buildings shall not exceed 4.0 metres (13.13 feet) in height from grade level to the underside of the eaves RMH Town of Broadview Zoning Bylaw 2013-05 - 61 - Minimum floor area 75 m² (807.32 ft²) Maximum site coverage 40% Minimum parking spaces 2 Mobile Home Parks Minimum site area 2.0 hectares (4.95 acres) Minimum site frontage 30.0 metres (98.43 feet) Minimum front yard 7.5 metres (24.61 feet) Minimum rear yard 7.5 metres (24.61 feet) Minimum side yard 7.5 metres (24.62 feet) Maximum site coverage 40% including 10% of the area shall be designated communal open space 6.7.4 Development Standards for Mobile Home Parks a) All mobile home parks shall conform to The Public Health Act and its Regulations. b) All roadways in the mobile home park shall have a minimum 15.0 metres (49.22 feet) right-of-way; be hard-surfaced and self-draining. c) A minimum of ten (10%) percent of the gross area of the mobile home park shall be devoted to communal open space or recreational facilities. d) In the event that the applicant is not the land title owner, written approval must be obtained within 60 days of the application of the building permit from the land title owner. e) All foundations and construction must conform to the National Building Code of Canada (NBC) 2010 as amended from time to time. f) All construction of habitable living quarters must be above grade, basements are prohibited. 6.7.5 Development Standards for Mobile Homes a) All mobile homes must meet the standards set out in CSA A277 Procedure for Certification of Factory Built Houses, and amendments thereto. All mobile homes must bear a label of a credible certification agency indicating that compliance with the National Building Codes has been certified using the A277 procedure. Town of Broadview Zoning Bylaw 2013-05 - 62 - b) All attached and accessory structures shall require a building permit and shall comply with the requirements of the National Building Code of Canada and the Building Bylaw of the Town of Broadview. c) All attached or accessory structures such as porches, sun room additions, skirting and storage facilities must be factory prefabricated units, or of an equivalent quality, and shall be painted or prefinished so the design and construction will complement the main structure. d) In order to protect the residential character of the community, wheels, hitches, and running gear must be removed within thirty (30) days of arrival, and must be skirted from the floor level to ground level in such a manner as to compensate for vertical movements and to prevent the entrance of rodents and other small animals. e) All mobile homes shall be connected to water and sewer services provided by the Municipality and connected as available to other public works. 6.7.6 Accessory Uses, Buildings and Structures Minimum front yard Accessory buildings shall comply with the yard requirements for a principal building. An accessory building shall not be located in a required front yard Minimum side yard All accessory buildings shall be set back 0.75 metres (2.47 feet) from the side site line unless the side site line is an abutting street then the side yard shall be 6.0 metres (19.69 feet) Minimum rear yard All accessory buildings shall be located a minimum of 0.75 metres (2.47 feet) from the rear site line except where an accessory building has a door or doors opening onto a lane then it shall not be located less than 2.0 metres (6.57 feet) from the site line abutting the lane Maximum floor area All accessory buildings shall not exceed 75 m² (800 ft²) in area a) Private garages and accessory buildings if less than 10m² (107.65 ft2), shall have a minimum side or rear yard of 0.75 metres (2.47 feet) and a maximum projection of 0.5 metres (1.64 feet) into the required yard for any eaves, gutters, or drain spouts. b) Uncovered outdoor swimming pools and other yard recreation equipment shall have a minimum side or rear yard of 0.75 metres (2.47 feet). In rear yards, laundry drying equipment and garbage stands are permitted. c) Garages, carports, and accessory buildings attached to a principal building by a substantial roof structure shall be considered as part of the principal building and subject to the regulations of the principal building and shall not exceed the square footage of the main floor of the principal dwelling in size. d) A carport attached to the dwelling unit consisting of a roof and supporting columns or structures which are not permanent walls, may be built not less than Town of Broadview Zoning Bylaw 2013-05 - 63 - 1.5 metres (4.93 feet) from the supporting posts to the side lot line and is permitted to encroach into any required side yard providing that the roof or eaves are not closer than 0.75 metres (2.47 feet) from the side lot line. e) 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 the rear or side yard only and only after a Development Permit has been obtained from the Town. 6.7.7 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 wall, 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 (3.29 feet) above grade level. c) In a required rear yard, to a height no greater than 2.0 metres (6.57 feet) above grade level. d) In the case of a corner lot, no wall, fence, hedge or shrub shall exceed 0.75 metre (2.47 feet) in height in an intersection sight triangle. 6.7.8 Signage a) One permanent sign is permitted per site. The facial area of a sign shall not exceed 0.5 m² (5.39 ft²). b) In the case of a home occupation or home based business, an additional permanent sign is permitted in a window of a dwelling. c) No sign shall be located in any manner that may obstruct or jeopardize the safety of the public. d) The sign permitted in subsection (1) shall not exceed 1 metre (3.29 feet) in height nor shall it be placed within 2 metres (6.57 feet) of any front or side lot line. e) Up to two (2) temporary signs not exceeding 1.0 m² (10.77 ft2) advertising the sale or lease of the property or other information relating to a temporary condition affecting the property are permitted. 6.7.9 Outside Storage a) No outdoor storage shall be permitted in the required front yard of any residential site. b) Council may apply special standards as a condition or for a discretionary use approval regarding the location of areas used for storage for that use. c) No wrecked, partially dismantled or inoperable vehicle or machinery shall be stored or displayed in any required yard. No yard shall be used for the storage or collection of hazardous material. Town of Broadview Zoning Bylaw 2013-05 - 64 - d) Council may require special standards for the location setback or screening of any area devoted to the outdoor storage of vehicles, equipment or machinery normally used for the maintenance of the residential property. e) Provision shall be made for the owner of the property to temporarily display a maximum of either one (1) vehicle or recreational vehicle in operating condition that is for sale at any given point in time. 6.7.10 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 R2-Residential District. 6.7.10.1 Rooming houses/Short Term Stay Accommodation a) Shall complement the residential character of the area as much as possible. b) Off-street parking areas shall be screened from adjacent Residential areas and shall be located in a side or rear yard. A minimum of one on-site parking space shall be provided for each room for rent. c) No person shall use any land or erect, alter or use any building or structure that secures nine (9) or more occupants, in five (5) or more guest rooms, for the purpose of Short Term Stay Accommodation Use. Town of Broadview Zoning Bylaw 2013-05 - 65 - 6.8 Town Centre Commercial District - C1 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 Town Centre Commercial District - C1, use any land, or erect, alter or use any building or structure except in accordance with the following provisions: 6.8.1 Permitted Uses a) Banks, credit unions, and other financial institutions. b) Administrative offices. c) Barbers, hairdressers, and other similar personal services establishments. d) Medical, dental, and other health care offices and clinics or health services. e) Restaurants, 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) Storefront bakeries, butcher shops, and similar food processing with on-site retail sales. j) Movie theatres. k) Commercial and public recreational establishments such as bowling alleys, arcades and fitness centres. l) Hotels or motels. m) Recycling Collection Depots (Neighbourhood). n) Funeral homes. o) Public transportation depots. p) Small-scale repair trades, craftspeople and similar trades, including retail sales of related products. q) Storefront construction trades without yards. r) Buildings, structures or uses accessory to and located on the same site as the principal building or permitted use. s) Public works buildings, offices and structures excluding warehouses, storage yards, and waste management or sewage facilities. 6.8.2 Discretionary Uses The following uses may be permitted in the C1-Town Centre Commercial District but only by resolution of Council and only in locations specified by such resolution of Council. Discretionary Use Requirements are provided in Sections 5. a) Dwellings attached to and behind, or above, commercial establishments. b) Rooming house and short term stay accommodation. c) Mid-size box stores (ie. grocery store). C1 Town of Broadview Zoning Bylaw 2013-05 - 66 - d) Multiple use buildings. e) Shops of plumbers, pipe fitters, metal workers and other industrial trades manufacturing and sales. f) Recycling Collection Facilities (commercial). g) Lumber and building supply establishments. h) Car washing establishments. i) Establishments for the sale, storage and servicing of motor vehicles, trailers, farm machinery and equipment. j) Newspaper offices, printing plants and services. k) Solar Energy Collection systems. 6.8.3 Prohibited Uses a) 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. b) 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. c) All uses of buildings and land except those specifically noted as permitted or discretionary. 6.8.4 Site Development Regulations Commercial Uses Minimum site area 232 m² (2,497.31 ft²) Minimum site frontage 7.5 metres (24.61 feet) Minimum front yard No requirement Minimum rear yard No requirement except when abutting a Residential or Community Service district without an intervening street or lane, then the minimum rear yard shall be 6.0 metres (19.69 feet). When the rear site line abuts a railway right-of-way no rear yard need be provided Minimum side yard No requirement except when the side site line directly abuts any Residential or Community Service District without an intervening street or lane, then the minimum side yard shall be 1.5 metres (4.93 feet). Doors located in side yards shall not be used for delivery purposes Maximum site coverage 75% Maximum building height Principal building 15.0 metres (49.22 feet). Accessory Buildings 5.0 metres (16.41 feet) Town of Broadview Zoning Bylaw 2013-05 - 67 - Accessory buildings The same minimum yard requirements as the principal use or building. There shall be no minimum site development requirements for public works buildings. 6.8.5 Signage Signs and billboards shall be prohibited in the C1 - Town Centre Commercial District except for signs advertising the principal use of the premises or the principal products offered for sale on the premises. Signs shall be subject to the following regulations. No sign shall be located in any manner that may obstruct or jeopardize the safety of the public. Maximum number of signs Up to two (2) signs, which may be fascia, canopy, roof, projecting or any combination thereof, may be located on any site Maximum size The facial area of a sign shall not exceed 2.0 m² (21.53 ft²) Location All signs, except for canopy and projecting signs, shall be located within the lot lines of the lot in which they are located 6.8.6 Parking Off-street parking requirements shall be provided in accordance with the following: Commercial Businesses and Services 1 spot for every 70 m² (753.50 ft²) Mid-Size Box Stores 1 parking space for each 50 m² (538.22 ft² ) of floor area Hotels and Motels Rooming houses/ Short Term Stay Accommodation 1 parking space for each rental unit 6.8.6.1 Parking Lots a) Are to be hard surfaced and designed to drain water onto a street or lane or into a storm sewer system with adequate capacity to handle such runoff; and b) Where a parking lot/area abuts any Residential or Community Service District without an intervening lane there shall be a fence at least 1.0 metres (3.29 feet) in height and a strip of land adjacent to the abutting site line of not less than 1.5 metres (4.93 feet) in width throughout which shall not be used for any purpose except landscaping. 6.8.7 Landscaping a) Where a Commercial 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 Town of Broadview Zoning Bylaw 2013-05 - 68 - than 1.5 metres (4.93 feet) in width throughout which shall not be used for any purpose except landscaping. b) Fences and Hedges may be erected, placed, planted, maintained or grown along a lot line only in conformance with the following regulations: i. No fence, hedge or shrub, other than those required as screening, shall exceed 3.0 metres (9.85 feet) in height. ii. No barbed-wire or razor wire fences shall be allowed in a Commercial District. iii. In the case of corner lots, no fences, hedge or shrubs shall be placed so as to create a visual obstruction in an established sight triangle. 6.8.8 Supplementary Regulations 6.8.8.1 Dwelling Units: a) Dwelling Units are permitted as long as the principal use is undergoing; b) All dwelling units shall have an entrance separate from that of the commercial establishment; c) Dwelling units shall have a floor area smaller than or equal to the floor area in commercial use; d) The minimum floor area for each dwelling unit shall be 46 m² (495.15 ft²); e) Dwelling units shall be located above or at the rear and attached to the principal commercial use; and f) Accessory residential uses shall conform to the Provincial Public Health and Fire Regulations, and have a secondary fire exit. 6.8.8.2 Rooming Houses/Short Term Stay Accommodation: a) Shall complement the residential character of the area as much as possible; b) Off-street parking areas shall be screened from adjacent Residential areas and shall be located in a side or rear yard. A minimum of one on-site parking space shall be provided for each room for rent; c) No person shall use any land or erect, alter or use any building or structure that secures eight (8) or more occupants, in four (4) or more guest rooms, for the purpose of Short Term Stay Accommodation Use. 6.8.8.3 Mid-Size Box Stores: a) Mid-Size Box Stores must be primarily for pedestrian use and accessible to the public from both the street and from the development; b) The Town will consider the appropriate separation to other uses that may be incompatible; c) The Town will consider the potential uses and street access to the site when making a discretionary use decision on a Mid-Size Box Store. Access and egress Town of Broadview Zoning Bylaw 2013-05 - 69 - 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) Landscaping shall be provided. If abutting a Residential District, a suitable buffer composed of tree planting or a hedge shall be provided in accordance with Section 4.19. 6.8.8.4 Service Stations: a) Frontage of 30.48 metres (100 feet); b) Where service stations occupy a corner site, only one access point shall be located on the flankage, located a minimum of 6.0 metres (19.69 feet) from the intersection; c) Fuel pumps and other apparatus for dispensing or storage of fuel, located above ground level, are to be at least 6.0 metres (19.69 feet) from any lot line or street; d) All automobile parts, dismantled vehicles and similar articles; e) Vehicles and parts storage shall not locate in any yard abutting a road and must be screened from public view and shall be stored within a building or screened from public view; f) Service Stations shall locate underground storage tanks in accordance with Hazardous Substance and Waste Dangerous Goods Regulations, 1989, as amended from time to time; g) Propane and natural gas pumps (retail or wholesale) shall be set back according to Provincial regulations; h) Access/egress points shall not be continuous along a street and shall be at least 10.0 metres (32.81 feet) apart; i) Off-site traffic circulation shall be accommodated on the site. j) Parking areas are to be hard surfaced and designed to drain water onto a street or lane or into a storm sewer system with adequate capacity to handle such runoff; k) Freestanding canopies must have the roof portion at least 6.0 metres (19.69 feet) above the finished grade of the lot. No portion of the canopy shall project closer than 3.0 metres 9.85 feet) to any lot line. Town of Broadview Zoning Bylaw 2013-05 - 70 - 6.9 Commercial/Light Industrial-C2 The purpose of the Commercial/Light Industrial District (C2) is to provide an area for mixed commercial and light industrial development away from the highway commercial and town centre. No person shall within any Commercial/Light Industrial District - C2, use any land, or erect, alter or use any building or structure except in accordance with the following provisions: 6.9.1 Permitted Uses a) Business and/or professional offices. b) Restaurants, cafes, coffee shops, and other similar fast food services. c) Shops of plumbers, pipe fitters, metal workers and other industrial trades. d) Rental stores. e) Household appliance sales or repair. f) Commercial and public recreational establishments such as bowling alleys, arcades and fitness centres. g) Motor and recreational vehicle sales, storage or servicing. h) Farm machinery and equipment sales, storage and servicing. i) Rooming houses and Short Term Stay Accommodation. j) Self-Service Storage Units. k) Recycling Collection Depots (Neighbourhood). l) Buildings, structures or uses accessory to and located on the same site as the principal building or permitted use. m) Public works buildings, offices, structures, warehouses and storage yards, and excluding waste management or sewage facilities. n) Car/Truck washing establishments o) Service Stations. p) Veterinary hospitals and clinics. q) Fertilizer Sites and Farm service centres. r) Lumber and building supply establishments. s) Industrial Parks containing a combination of permitted uses. t) Indoor repair, rental, servicing, storage, wholesale of any commodity and/or retail sales of any goods, materials and/or commodities excluding any hazardous materials. u) Manufacturing, fabricating, processing, assembly, finishing, production or packaging of materials, goods or products that are not noxious. v) Commercial Cardlock operations. w) Construction and other contractors, industrial trades, workshops, yards, plants, and/or offices. x) Warehouses, storage yards and supply depots. C2 Town of Broadview Zoning Bylaw 2013-05 - 71 - y) Wholesale establishments. z) Trucking Firm establishments. aa) Construction of RTM homes or agricultural building assembly area. 6.9.2 Discretionary Uses The following uses may be permitted in the C2 - Commercial/Light Indusrial District but only by resolution of Council and only in locations specified by such resolution of Council. Discretionary Use Requirements are provided in Sections 5. a) Dwellings attached to and behind, or above, commercial establishments. b) Autobody shops with outside storage. c) Bulk petroleum sales and storage depots subject to the regulations of the Ministry of Environment and Public Safety. d) Self-Service Storage units. e) Multiple Unit Buildings. f) Auction markets without livestock sales. g) Salvage yards and auto wreckers. h) Seed Cleaning plants, feed mills, elevators and flour mills. i) Fertilizer sales and storage. j) Wind Energy Sales and Service and assembly areas. k) Wind Energy Facilities (small). l) Solar Energy Collection systems. 6.9.3 Prohibited Uses a) 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. b) 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. c) All uses of buildings and land except those specifically noted as permitted or discretionary. d) Residential Dwellings. 6.9.4 Site Development Regulations Commercial Uses Minimum site area 1115 m² (12,002.15 ft²) Minimum site frontage 30.0 metres (98.43 feet) Minimum front yard 7.5 metres (24.61 feet) Town of Broadview Zoning Bylaw 2013-05 - 72 - Minimum rear yard No requirement except where the rear site line abuts a Residential or Community Service District, the minimal rear yard shall be 6.0 metres (19.69 feet) Minimum side yard 3.0 metres (9.85 feet) and screened in accordance with Section 4.19 Maximum site coverage 75% Maximum building height Principal building 15.0 metres (49.22 feet), Accessory buildings 5.0 metres (16.41 feet) There shall be no minimum site development requirements for public works buildings. 6.9.5 Accessory Buildings a) Setbacks for accessory buildings shall meet the same requirements as the principal use or building. 6.9.6 Signage Signs and billboards shall be prohibited in the Commercial/Light Industrial District - C2 except for signs advertising the principal use of the premises or the principal products offered for sale on the premises. No sign shall be located in any manner that may obstruct or jeopardize the safety of the public. Maximum number of signs Up to two (2) signs, which may be fascia, canopy, roof, projecting or any combination thereof, may be located on any site Maximum size The facial area of a sign shall not exceed 3.5 m2 (37.68 ft²) Location All signs, except for canopy and projecting signs, shall be located within the lot lines of the lot in which they are located 6.9.7 Parking Off-street parking requirements shall be provided in accordance with the following: Restaurants, other eating places 1 parking space for every 4 seats provided for patrons Offices and Personal Service Establishments 1 parking space for each 30 m² (322.93 ft²) of floor area Retail Stores 1 parking space for each 50 m² (538.22 ft²) of floor area Commercial Recreational Activities 1 parking space for each 10 m² (107.65 ft²) of floor area Town of Broadview Zoning Bylaw 2013-05 - 73 - Strip malls 1 parking space for each 50 m² (538.22 ft²) of floor area 6.9.7.1 Parking Lots a) Are to be hard surfaced and designed to drain water onto a street or lane or into a storm sewer system with adequate capacity to handle such runoff; and b) Where a parking lot/area abuts any Residential or Community Service District without an intervening lane there shall be a fence at least 1.0 metres (3.29 feet) in height and a strip of land adjacent to the abutting site line of not less than 1.5 metres (4.93 feet) in width throughout which shall not be used for any purpose except landscaping. 6.9.8 Off-Street Loading Where the use of a building or site involves the receipt, distribution or dispatch by vehicles of materials, goods or merchandise, adequate space for such vehicles to stand for loading and unloading shall be provided on the site. The minimum area of an individual loading space shall be 17.0 m². Doors located in side yards shall not be used for delivery purposes. Gross Floor Area Minimum Number of Loading Spaces 90 m² (968.79 ft²) to 1300 m² (13,993.55 ft²) 1 space 1300 m² (13,993.55 ft²) to 2500 m² (26,910.66 ft²) 2 spaces >2500 m² (26,910.66 ft²) 2 spaces +1 space for each additional 2500 m² (26,910.66 ft²) 6.9.9 Landscaping a) 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 1.5 metres (4.93 feet) in width throughout which shall not be used for any purpose except landscaping. b) Fences and Hedges may be erected, placed, planted, maintained or grown along a lot line only in conformance with the following regulations: i. No fence, hedge or shrub, other than those required as screening, shall exceed 3.0 metres (9.85 feet) in height; ii. No barbed wire or razor wire fences shall be allowed in a Commercial District; iii. In the case of corner lots, no fences, hedge or shrubs shall be placed so as to create a visual obstruction in an established sight triangle. Town of Broadview Zoning Bylaw 2013-05 - 74 - 6.9.10 Supplementary Regulations 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 C2- General Commercial District. 6.9.10.1 Auto-body Shops a) This is limited to auto repair and body shops, limited savage materials and vehicles waiting repair, where the majority of the activities are performed/ located inside an enclosed building. b) Vehicles and parts storage shall not be stored in any required front yard abutting a road. No yard shall be used for the storage or collection of hazardous material. c) All auto-body shop yards shall be must be screened from public view by a solid fence with the location, height and materials being first approved by the Development Officer by utilizing any of the following measures: i. distance and careful location; ii. natural or planted vegetation; iii. an opaque fence; iv. a building; v. other appropriate methods approved by Council; A Performance Bond may be required by Council to ensure the proposal meets the development standards. 6.9.10.2 Bulk Petroleum Storage a) Access to sites for discretionary uses or developments shall be located to ensure that heavy truck traffic takes access to or from arterial or collector streets or designated truck routes. b) All operations shall comply with all regulations of Saskatchewan Environment and Public Safety governing their development and operation. c) All outside storage shall be fenced and where the area abuts a Residential or Community Service District without an intervening street or lane, the storage area shall be screened with a solid fence or hedge at least 3.0 metres (9.85 feet) in height. d) Bulk petroleum storage tanks are to be located in accordance with The Hazardous Substance and Waste Dangerous Goods Regulations, 1989, as amended from time to time. Town of Broadview Zoning Bylaw 2013-05 - 75 - 6.9.10.3 Service Stations a) Frontage of 30 metres. b) Where service stations occupy a corner site, only one access point shall be located on the flankage, located a minimum of 6.0 metres (19.69 feet) from the intersection. c) Fuel pumps and other apparatus for dispensing or storage of fuel, located above ground level, are to be at least 6.0 metres (19.69 feet) from any lot line or street. d) All automobile parts, dismantled vehicles, and similar articles shall be stored within a building or screened. e) Vehicles and parts storage shall not locate in any yard abutting a road and must be screened from public view and shall be stored within a building or screened from public view. f) Service Stations shall locate underground storage tanks in accordance with The Hazardous Substance and Waste Dangerous Goods Regulations, 1989, as amended from time to time. g) Propane and natural gas pumps (retail or wholesale) shall be set back according to Provincial regulations. h) Access/egress points shall not be continuous along a street and shall be at least 10.0 metres (32.81 feet) apart. i) Off-site traffic circulation shall be accommodated on the site. j) Parking areas are to be hard surfaced and designed to drain water onto a street or lane or into a storm sewer system with adequate capacity to handle such runoff. k) Freestanding canopies must have the roof portion at least 6.0 metres (19.69 feet) above the finished grade of the lot. No portion of the canopy shall project closer than 3.0 metres (9.85 feet) to any lot line. Town of Broadview Zoning Bylaw 2013-05 - 76 - 6.10 High Profile Commercial/Light Industrial District - HPC The purpose of the High Profile Commercial/Light Industrial District (HPC) is to facilitate a wide range of commercial and related activities located along a Provincial Highway requiring high visibility locations. No person shall within a High Profile Commercial/Light Industrial District - HPC use any land, or erect, alter or use any building or structure except in accordance with the following provisions: 6.10.1 Permitted Uses a) Business and/or professional offices. b) Personal service trades. c) Motels or motor hotels, including a dwelling for caretakers, owners, or managers. d) Restaurants, confectionaries, including drive-thru. e) Licensed premises for the sale and consumption of alcoholic beverages. f) Strip Malls. g) Public transportation depots. h) Commercial and public recreational establishments. (ie bowling alleys, fitness centres). i) Garden centres or commercial greenhouses. j) Lumber and building supply establishments. k) Police, ambulance stations. l) Establishment for the sale, storage, and servicing of motor vehicles, trailers, recreational vehicles, farm machinery and equipment. m) Construction trades without storage yards. n) Service stations, gas bars and car washes, o) Trucking Firm establishments. p) Farm service centres. q) Self-Service Storage Units. r) Convenience stores. s) Recycling Collection Depots (Neighbourhood). t) Accessory Uses, including integrated or complementary uses, buildings or structures accessory to and located on the same site as the principal building or use. u) Public works offices, buildings, structures and warehouses excluding waste management or sewage facilities. HPC Town of Broadview Zoning Bylaw 2013-05 - 77 - 6.10.2 Discretionary Uses The following uses may be permitted in the High Profile Commercial/Light Industrial District - HPC but only by resolution of Council and only in locations specified in such resolution of Council. Discretionary Use Requirements are provided in Sections 5. a) Oilfield supply and services establishments. b) RTM, modular and mobile home sales and/or storage compound. c) Commercial RV Park. d) Recreational vehicle storage yard. e) Retail stores. f) Multiple Use buildings. g) Mobile Storage Containers (Rail or Sea Cans). h) Autobody shops without storage yards. i) Animal hospitals, or clinics and offices of veterinary surgeons. j) Construction Trades and Contractors' yards with front display yards. k) Shops of plumbers, pipe fitters, metal workers and other industrial trades assembly and sales. l) Commercial Cardlock operations. m) Bulk Petroleum sales and agricultural storage sites. n) Retail Propane sales and accessory appliance outlet. o) Mobile Storage Containers (Rail or Sea Cans). p) Semi-Truck and Trailer Over-night Parking Lot. q) Recycling and Collection Facilities (Commercial). r) Retail outlets larger than 10,000 ft². s) Funeral Homes and Crematoriums. t) Solar Energy Collection systems. 6.10.3 Prohibited Uses The following uses shall be strictly prohibited within the High Profile Commercial/ Light Industrial District - HPC: a) 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; b) 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; c) All uses of buildings and land except those specifically noted as permitted or discretionary; d) Aggregate materials; storage or handling operations; e) Residential Dwellings; Town of Broadview Zoning Bylaw 2013-05 - 78 - f) Abattoirs. 6.10.4 Site Development Regulations Restaurants, Retail Activities, Construction trades Minimum site area 465 m² (5,005.39 ft²) Minimum site frontage 15.0 metres (49.22 feet) Minimum front yard 7.5 metres (24.61 feet) Minimum rear yard 6. metres (19.69 feet) Minimum side yard 1.5 metres (4.93 feet), except 4.0 metres (13.13 feet) along a side site line abutting a street, and that the sum of both side yards exceed 7.5 metres (24.61 feet) Building height Principal building: 12.0 metres (39.38 feet), Accessory buildings: 7.5 metres (24.61 feet) Commercial Recreation, Garden Centres, Commercial Greenhouses Minimum site area 1115 m² (12,002.16 ft²) Minimum site frontage 30.0 metres (98.43 feet) Minimum front yard 6.0 metres (19.69 feet) Minimum rear yard 6.0 metres (19.69 feet) Minimum side yard 3.0 metres (9.85 feet) Building Height Principal Buildings: 12.0 metres (39.38 feet). Accessory Buildings 7.5 metres (24.61 feet) Motels and Service Stations Minimum site area 930 m² (10,010.77ft²) Minimum site frontage 30.0 metres (98.43 feet) Minimum front yard 15 metres (49.22 feet) Minimum rear yard 6.0 metres (19.69 feet) Minimum side yard 3.0 metres (9.85 feet). Doors located in side yards shall not be used for delivery purposes Town of Broadview Zoning Bylaw 2013-05 - 79 - Motor vehicle sales, Lumber yards, RV Park, Bulk petroleum sales and storage Minimum site area 2500 m² (26,910.66 ft²) Minimum site frontage 30.0 metres (98.43 feet) Minimum front yard 7.5 metres (24.61 feet) Minimum rear yard 6.0 metres (19.69 feet) Minimum side yard 1.5 metres (4.93 feet), except 4.0 metres (13.13 feet) along a side site line abutting a street, and that the sum of both side yards exceed 7.5 metres (24.61 feet) Maximum building height Principal building: 12.0 metres (39.38 feet), Accessory Buildings 7.5 metres (24.61 feet) There shall be no minimum site development requirements for public works buildings. 6.10.5 Accessory Buildings a) Setbacks for accessory buildings shall meet the same requirements as the principal use or building. b) No person shall park or store on any part of a site, any unlicensed rail or sea container, truck, bus or coach body for the purpose of advertising without a Development Permit from the Town and in accordance with Section 5.11 of this bylaw. 6.10.6 Landscaping a) A landscape plan shall be submitted with the Development Permit application. b) A landscaped strip of not less than 3.0 metres (9.84 feet) in width throughout lying parallel and abutting the front site line shall be provided on every site. c) 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. d) 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 1.5 metres (4.93 feet) in width throughout which shall not be used for any purpose except landscaping. e) Fences and Hedges may be erected, placed, planted, maintained or grown along a lot line only in conformance with the following regulations: i. No fence, hedge or shrub, other than those required as screening, shall exceed 3.0 metres (9.84 feet) in height. ii. No barbed wire or razor wire fences shall be allowed in a Commercial District. Town of Broadview Zoning Bylaw 2013-05 - 80 - iii. In the case of corner lots, no fences, hedge or shrubs shall be placed so as to create a visual obstruction in an established sight triangle. 6.10.7 Parking Requirements Strip malls or retail plazas 1 parking space for each 50 m² (538.22 ft²) of floor area Stores and offices 1 parking space for every 30 m² (322.93 ft²) of gross floor area Restaurants, other eating places 1 parking space for every 4 seats provided for patrons Lumber yards, Home Improvement Centres 1 parking space for every 46 m² (495.16 ft²) gross floor area (495 ft 2 ) of gross Rooming Houses, Short Term Stay Accommodations 1 parking space for each rental unit Motels, motor hotels or hotels 1 parking space for each unit. A designated area for semi- truck parking Service Stations 1 ½ parking spaces for each service bay All other uses 1 parking space for each 75 m² (807.32 ft²) of building floor area a) The required off-street parking spaces may be located up to 150.0 metres (492.13 ft²) from the principal building or use provided that such spaces are located in a Commercial or Industrial District. b) Parking Lots: i. Are to be hard surfaced and designed to drain water onto a street or lane or into a storm sewer system with adequate capacity to handle such runoff; and ii. Where a parking lot/area abuts any Residential or Community Service District without an intervening lane there shall be a fence at least 1.0 metres (3.29 feet) in height and a strip of land adjacent to the abutting site line of not less than 1.5 metres (4.93 feet) in width throughout which shall not be used for any purpose except landscaping. 6.10.8 Off-Street Loading 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 (182.99 ft²). Doors located in side yards shall not be used for delivery purposes. Town of Broadview Zoning Bylaw 2013-05 - 81 - Gross Floor Area Minimum Number of Loading Spaces 90 m² (968.79 ft²) to 1300 m² (13,993.55 ft²) 1 space 1300 m² (13,993.55 ft²) to 2500 m² (26,910.66 ft²) 2 spaces >2500 m² (26,910.66 ft²) 2 spaces +1 space for each additional 2500 m² (26,910.66 ft²) 6.10.9 Signage In the High Profile Commercial/Light Industrial District - HPC signs advertising the principal use of the premises or the names of the occupants of the premises or the principal products offered for sale are permitted. No sign shall be located in any manner that may obstruct or jeopardize the safety of the public. Maximum number of signs Up to two (2) signs, which may be fascia, canopy, roof, projecting or any combination thereof, may be located on any site Maximum size The facial area of a sign shall not exceed 20.0 metres (215.29 ft²) Location All signs, except for canopy and projecting signs, shall be located within the lot lines of the lot in which they are located Billboards or Freestanding Signs One (1) billboard sign may be erected on any lot, in addition to other permitted signs. A site may have either a freestanding or billboard sign, but not both Special Provisions Bulk petroleum sales and storage, motor vehicle sales, and service stations may erect one freestanding sign in addition to other permitted signs 6.10.10 Outside Storage a) No outdoor storage shall be permitted in the required front yard of any Highway Commercial site. b) All outside storage shall be fenced and where the area abuts a Residential or Community Service District without an intervening street or land, the storage area shall be screened with a solid fence or hedge at least 3.0 metres (9.85 feet) in height. c) The Town may apply special standards as a condition or for a discretionary use approval regarding the location of areas used for storage for that use. A maximum of three (3) Mobile Storage Containers are permitted per site. Town of Broadview Zoning Bylaw 2013-05 - 82 - 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) The Town 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. 6.10.11 Supplementary Regulations 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 High Profile Commercial/Light Industrial District - HPC. 6.10.11.1 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 (19.69 feet) from the intersection. b) Fuel pumps and other apparatus for dispensing or storage of fuel, located above ground level, are to be at least 6.0 metres (19.69 feet) from any lot line or street. c) All automobile parts, dismantled vehicles and similar articles shall be stored within a building or screened from public view. OR d) Vehicles and parts storage shall not locate in any yard abutting a road and must be screened from public view by a solid fence with the location, height and materials being first approved by the Development Officer. e) Service Stations shall locate underground storage tanks in accordance with The Hazardous Substance and Waste Dangerous Goods Regulations, 1989, as amended from time to time. f) Propane and natural gas pumps (retail or wholesale) shall be set back according to Provincial regulations g) Access/egress points shall not be continuous along a street and shall be at least 10.0 metres (32.81 feet) apart h) Off-site traffic circulation shall be accommodated on the site. i) Parking areas are to be hard surfaced and designed to drain water onto a street or lane or into a storm sewer system with adequate capacity to handle such runoff. j) Freestanding canopies must have the roof portion at least 6.0 metres (19.69 feet) above the finished grade of the lot. No portion of the canopy shall project closer than 3.0 metres (9.85 feet) to any lot line. Town of Broadview Zoning Bylaw 2013-05 - 83 - 6.10.11.2 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 (19.69 feet) from any building on the lot or any lot line. b) Gas Bars shall locate underground storage tanks in accordance with Hazardous Substance and Waste Dangerous Goods Regulations, 1989, as amended from time to time. c) The site shall have at least two separate accesses at least 15.0 metres (49.22 feet) apart. d) Access and parking for the fuel pumps shall not obstruct access to other required off-street parking spaces on the site. 6.10.11.3 Lumber Yards and Home Improvement Centres a) A minimum of two (2) access/egress points shall not be continuous along a street and shall be at least 10.0 metres (32.81 feet) apart. b) Traffic circulation related to the business shall be accommodated on-site. c) Parking areas are to be hard surfaced and designed to drain water onto a street or lane or into a storm sewer system with adequate capacity to handle such runoff. d) All building supplies and materials shall be stored within a building or screened from public view. 6.10.11.4 Oilfield Supply and Service, Bulk Petroleum Storage and Agrichemical Storage Sites a) Access to sites for discretionary uses or developments shall be located to ensure that heavy truck traffic takes access to or from arterial or collector streets or designated truck routes. b) All operations shall comply with all regulations of Saskatchewan Environment and Public Safety governing their development and operation. c) All outside storage shall be fenced and where the area abuts a Residential or Community Service District without an intervening street or lane, the storage area shall be screened with a solid fence or hedge at least 3.0 metres (9.85 feet) in height. d) Bulk petroleum storage tanks are to be located in accordance with the National Fire Code of Canada, 1990, as amended from time to time. Town of Broadview Zoning Bylaw 2013-05 - 84 - e) Agrichemical sales and storage facilities are to be constructed and operated in compliance with The Agrichemical Warehouse Standards Association's Warehousing Audit Protocols and User Guide, as amended from time to time. f) No yard shall be used for the storage or collection of hazardous material. Town of Broadview Zoning Bylaw 2013-05 - 85 - 6.11 Industrial District - Ind The purpose of the Industrial District - IND is to provide areas for Industrial activities which, due to potential conflicts, must be separated from other types of land uses. No person shall within any Industrial District - IND use any land, or erect, alter, or use any building or structure except in accordance with the following provisions: 6.11.1 Permitted Uses a) Railway and ancillary railway functions. b) Business and/or professional offices accessory to a Principal use. c) Industrial Parks containing a combination of permitted uses. d) 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. e) Indoor repair, rental, servicing, storage, wholesale of any commodity and/or retail sales of any goods, materials and/or commodities excluding any hazardous materials. f) Manufacturing, fabricating, processing, assembly, finishing, production or packaging of materials, goods or products that are not noxious. g) Oilfield supply and service establishments. h) Salvage Yards and Auto-wreckers. i) Car/truck washes. j) Autobody shops. k) Industrial trades, workshops, yards, plants, and/or offices. l) Machine shops, welding shops and foundry works. m) Warehouses, storage yards and supply depots. n) Bulk Fertilizer sales and storage. o) Grain elevators p) Seed Cleaning plants, feed mills and flour mills. q) Farm and Industrial machinery equipment and vehicle sales and service. r) Trucking Firm establishments. s) Commercial Cardlock operations. t) Semi-Trailer and Mobile Storage Container long-term Storage Areas. u) Lumber and building supply establishments. v) Construction of RTM homes or agricultural building assembly area. w) Abattoirs. x) Recycling and Collection Depots (Commercial). y) Public works buildings and structures including offices, warehouses, storage, yards, and excluding waste management or sewage facilities. IND Town of Broadview Zoning Bylaw 2013-05 - 86 - 6.11.2 Discretionary Uses The following uses may be permitted in the Industrial District - IND but only by resolution of Council and only in locations specified in such resolution of Council. Discretionary Use Requirements are provided in Sections 5. a) Bulk petroleum sales and storage. b) Stockyards. c) Meat Processing Plants/Abattoirs. d) Aggregate material storage or handling operations. e) Wind Energy Facilities (small). f) Solar Energy Collection systems. g) Mobile Storage Containers (rail or sea cans). h) Exclusionary uses. i) Public works buildings and structures including waste management or sewage facilities. 6.11.3 Prohibited Uses The following uses shall be strictly prohibited within the Industrial District (IND): 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. 6.11.4 Site Development Regulations Permitted Uses Minimum site area 1115m² (12,002.16ft2) Minimum site frontage 30.0 metres (98.43 feet) Minimum front yard 7.5 metres (24.61 feet) Minimum rear yard 6.0 metres (19.69 feet) Minimum side yard 3.0 metres (9.85 feet) Maximum building height Principal Buildings: 25.0 metres (82.02 feet), Accessory Buildings: 15 metres (49.22 feet) Town of Broadview Zoning Bylaw 2013-05 - 87 - Accessory Buildings Setbacks for accessory buildings shall meet the same requirements as the principal use or building. There shall be no minimum site development requirements for public works buildings, structures or facilities. 6.11.5 Fence and Hedge Heights a) Screen fences shall be consistent and complement the quality of building design and materials of the primary building. b) Screening shall be provided where a lot used for industrial purposes abuts a Residential or Community Service District without an intervening street or lane. Such screening shall consist of a solid fence, hedge, or wall over 1.5 metres (4.93 feet) in height in a side or rear yard and over 0.75 metres (2.47 feet) in a front yard. c) No fence, hedge or shrub, other than those required as screening, shall exceed 3.0 metres (9.85 feet) in height. d) No barbed wire or razor wire fences shall be allowed in an Industrial District. e) In the case of corner lots, no fences, hedge or shrubs shall be placed so as to create a visual obstruction in an established sight triangle. 6.11.6 Landscaping a) A landscape plan shall be submitted with the Development Permit application. b) A landscaped strip of not less than 3.0 metres (9.85 feet) in width throughout lying parallel and abutting the front site line shall be provided on every site. c) 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. d) 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 (9.85 feet) in width throughout which shall not be used for any purpose except landscaping. 6.11.7 Parking Off-street parking requirements shall be provided in accordance with the following: Warehouses or manufacturing activities 1 parking space for each 90 m² (968.79 ft²) of gross floor area Principal buildings 1 parking space for each 55 m² (592.04 ft²) of gross floor area, or 1 parking space for each 1.5 employees, whichever is greater Parking Lots Are to be hard surfaced and designed to drain water onto a street or lane or into a storm sewer system with adequate capacity to handle such runoff Town of Broadview Zoning Bylaw 2013-05 - 88 - 6.11.8 Loading Requirements Where the use of a building or site involves the receipt, distribution or dispatch by vehicles of materials, goods or merchandise, adequate space for such vehicles to stand for loading and unloading shall be provided on the site. The minimum area of an individual loading space shall be 17.0 m² (183.0 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 >2500 m² 2 spaces +1 space for each additional 2500 m² 6.11.9 Signage In the Industrial District - IND signs advertising the principal use of the premises or the names of the occupants of the premises or the principal products offered for sale are permitted. Signs are subject to Section 4.43 and the following regulations. No sign shall be located in any manner that may obstruct or jeopardize the safety of the public. Maximum number of signs Up to two (2) signs, which may be fascia, canopy, roof, projecting or any combination thereof, may be located on any site Maximum size The facial area of a sign shall not exceed 10m² (107.65 ft2) Location All signs, except for canopy and projecting signs, shall be located within the lot lines of the lot in which they are located Billboards or Freestanding Signs One (1) billboard sign may be erected on any lot, in addition to other permitted signs. A site may have either a freestanding or billboard sign, but not both 6.11.10 Outside 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. A maximum of three (3) Mobile Storage Containers are permitted per site. d) Council may require special standards for the location setback or screening of any area devoted to the outdoor storage of vehicles in operating equipment and machinery normally used for the maintenance of the property, vehicles or vehicular parts. Town of Broadview Zoning Bylaw 2013-05 - 89 - e) All outside storage shall be fenced and where the area abuts a Residential or Community Service District without an intervening street or lane, the storage area shall be screened. All salvage yards or auto wrecking yards shall be totally enclosed by a sturdy fence built to a minimum height of 2.0 metres (6.57 feet) and constructed of material suitable to conceal from view the materials stored on site. No materials shall be stacked above the height of the fence. f) All automobile parts, dismantled vehicles, storage drums and crates, stockpiled material, and similar articles and materials shall be stored within a building or suitably screened from public view. 6.11.11 Supplementary Regulations 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 Industrial District - IND. a) Access to lots for discretionary uses or developments shall be located to ensure that heavy truck traffic takes access to or from arterial or collector streets or designated truck routes. b) All operations shall comply with all regulations of Sask Environment and Public Safety governing their development and operation. c) Manufacturing operations, machine shops, foundries, seed cleaning plants, bulk petroleum or fertilizer storage tanks are to be located in accordance with the National Fire Code of Canada, 2010, as amended from time to time. 6.11.11.1 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) Vehicles and parts storage shall not be stored in any required front yard abutting a road. c) All salvage yards shall be must be screened from public view by a solid fence with the location, height and materials being first approved by the Development Officer by utilizing any of the following measures: i. distance and careful location; ii. natural or planted vegetation; iii. an earth berm; iv. an opaque fence; v. a building, or other appropriate methods approved by Council. d) A Performance Bond may be required by Council to ensure the proposal meets the development standards. Town of Broadview Zoning Bylaw 2013-05 - 90 - 6.11.11.2 Bulk Fuel and Fertilizer Storage a) All operations shall comply with all regulations of Saskatchewan Environment governing their development and operation; b) Service Stations shall locate underground storage tanks in accordance with Hazardous Substance and Waste Dangerous Goods Regulations, 1989, as amended from time to time. c) All outside storage areas shall be fenced. d) Agrichemical sales and storage facilities are to be constructed and operated in compliance with the Agrichemical Warehouse Standards Association's Warehousing Audit Protocols and User Guide, as amended from time to time. 6.11.11.3 Trucking Firm Establishments a) Where Trucking Firm Establishments occupy a corner site, only one access point shall be located on the flankage, located a minimum of 6.0 metres (19.69 feet) from the intersection. b) Access/egress points shall not be continuous along a street and shall be at least 10.0 metres apart. c) Off-site traffic circulation shall be accommodated on the site. d) Fuel pumps and other apparatus for dispensing or storage of fuel, located above ground level, are to be at least 6.0 metres from any lot line or street. e) Underground storage tanks shall be located in accordance with The Hazardous Substance and Waste Dangerous Goods Regulations, 1989, as amended from time to time. f) Vehicles and parts storage shall not locate in any yard abutting a road and must be screened from public view by a solid fence with the location, height and materials being first approved by the Development Officer. g) Parking areas are to be hard surfaced and designed to drain water onto a street or lane or into a storm sewer system with adequate capacity to handle such runoff. 6.11.11.4 Industrial Complexes a) The Town will consider the appropriate separation to other uses that may be incompatible. b) The Town will consider the potential uses and street access to the site when making a discretionary use decision on an Industrial Complex. Access and egress points shall be designed to minimize conflict with adjacent land uses and not pose a safety hazard. c) Other criteria may include the street façade, main street entrance, windows along the street and the relaxation of on-site parking requirements. Town of Broadview Zoning Bylaw 2013-05 - 91 - d) Landscaping shall be provided. If abutting a Residential District, a suitable buffer composed of tree planting or a hedge shall be provided in accordance with Section 4.19. 6.11.12 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 odourous gas or other odourous 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; and i) The onus of proving to Council's satisfaction that a proposed development does and will comply with these requirements, rests with the developer. Town of Broadview Zoning Bylaw 2013-05 - 92 - 6.12 Community Service District - CS The purpose of the Community Service District 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: 6.12.1 Permitted Uses a) Buildings, structures, or uses secondary or subordinate to, and located on the same site as, the principal use, shall be considered accessory uses and, may include commercial uses. b) Elementary, high schools and other educational facilities. c) Lodges, social clubs, service clubs. d) Municipal offices, libraries, historic and cultural institutions, community halls. e) Places of Worship and Assembly Halls. f) Child Daycare. g) Residential Care home. h) Health facilities and Special Care Homes. i) 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. j) Natural and nature-like open areas. k) Community Gardens. l) Pedestrian trails and bicycle pathways. m) Skateboard parks or bmx bike-terrain. n) Scenic lookout and interpretation facilities, rest stops, and other public trail facilities. o) Public works buildings and structures. 6.12.2 Discretionary Uses The following uses may be permitted in the Community Service District but only by resolution of Council and only in locations specified in such resolution of Council. a) Golf courses, auto race tracks, horse race tracks, or other very large or very intensive use facilities. b) Tourist Campground. c) Communication Towers. d) Wind Energy Facilities (small). e) Solar Energy Collection systems. CS Town of Broadview Zoning Bylaw 2013-05 - 93 - f) Public works storage yards, warehouses, drainage ditches, culverts, and other drainage works, water reservoirs, waste management sites and sewage treatment facilities. 6.12.3 Site Development Regulations Permitted uses (other than educational facilities, rinks, campgrounds and swimming pools) Minimum site area 450 m² (4,843.92 ft²) Minimum site frontage 15.0 metres (49.22 feet) Minimum front yard 6.0 metres (19.69 feet) Minimum rear yard 7.5 metres (24.61 feet) Minimum side yard 50% of the height of the building or 3.0 metres (9.85 feet), whichever is greater Elementary and secondary schools Minimum site area No minimum requirement Minimum site frontage 60.0 metres (196.86 feet) Minimum front yard 15 .0 metres (49.22 feet) Minimum rear yard 7.5 metres (24.61 feet) Minimum side yard 7.5 metres (24.61 feet) Maximum site coverage 75% Skating, curling rinks, campgrounds and swimming pools Minimum site area 1200 m² (12,917.12 ft²) Minimum site frontage 20.0 metres (65.62 feet) Minimum front yard 7.5 metres (24.61 feet) Minimum rear yard 7.5 metres (24.61 feet) Minimum side yard 1.5 metres (4.93 feet) except on a corner site abutting a street then 3.0 metres (9.85 feet) shall be provided Accessory buildings Minimum front yard 7.5 metres (24.61 feet) Minimum side yard 3.0 metres (9.85 feet) unless the side site line is abutting a Town of Broadview Zoning Bylaw 2013-05 - 94 - street then the side yard shall be 6.0 metres (19.69 feet) Minimum rear yard All accessory buildings with a door or doors opening onto a lane shall not be located less than 2.0 metres (6.57 feet) from the site line abutting the lane Principal building All accessory buildings shall be set back 1.2 metres (3.94 feet) from the principal building 6.12.4 Signage Signs and billboards shall be prohibited in the Community Service District - CS except for signs advertising the principal use of the premises or the principal activities offered on the premises. No sign shall be located in any manner that may obstruct or jeopardize the safety of the public. Maximum number of signs Up to two (2) signs, which may be fascia, canopy, roof, projecting or any combination thereof, may be located on any site Maximum size The facial area of a sign shall not exceed 1.0 m² (10.77 ft²) Maximum height The maximum height for freestanding signs is 2.5 metres (8.21 feet) for parcels under 1.0 hectare (2.48 acres) and 5.0 metres (16.41 feet) for parcels over 1.0 hectare (2.48 acres) Location All signs, except for canopy and projecting signs, shall be located within the lot lines of the lot in which they are located Billboards Billboards are prohibited except for one information sign for each building or use and those bearing notices of special events and activities, or other information, relating to a temporary condition affecting the site and shall not exceed 1.0 m² (10.77 ft²) in size 6.12.5 Parking a) Off-street parking facilities for hospitals, special care homes and places of assembly shall be located in a side or rear yard and shall meet the setback requirements of this Section. b) Where a parking lot/area abuts any Residential District without an intervening lane there shall be a fence at least 1.0 metres in height and a strip of land adjacent to the abutting site line of not less than 1.5 metres (4.93 feet) in width throughout which shall not be used for any purpose except landscaping. c) Parking areas are to be hard surfaced and designed to drain water onto a street or lane or into a storm sewer system with adequate capacity to handle such runoff. Town of Broadview Zoning Bylaw 2013-05 - 95 - d) Parking requirements shall be provided in accordance with the following: Elementary school High school 1 parking space for each staff member 1 parking space for each staff member, plus 1 parking space for every 10 students Churches and Places of Assembly 1 parking space for each 10 seats Special care homes 1 parking space for each bed Institutional buildings, private clubs and lodges 1 parking space for each 50 m² (538.22 ft²) of floor area Recreational buildings, sports facilities and fields 1 parking space for every ten patrons or seats 6.12.6 Landscaping a) A landscaped strip of not less than 3.0 metres (9.85 feet) 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 fence at least 1.0 metre (3.29 feet) in height and a strip of land adjacent to the abutting site line of not less than 1.5 metres (4.93 feet) in width throughout which shall not be used for any purpose except landscaping. Town of Broadview Zoning Bylaw 2013-05 - 96 - 7 REPEAL AND ADOPTION Bylaw # 84.01 as amended shall be repealed upon Bylaw 2013-05, the Zoning Bylaw, coming into force and effect. MINISTERIAL APPROVAL This Bylaw is adopted pursuant to The Planning and Development Act, 2007, and shall come into force on the date of final approval by the Minister of Municipal Affairs. COUNCIL READINGS AND ADOPTION Read a first time this day of 2013 Read a second time this day of 2014 Read a third time this day of 2014 Adoption of Bylaw this day of 2014 _______________________________ MAYOR SEAL ______________________________ ADMINISTRATOR _______________________________ MINISTERIAL SIGNATURE SEAL _______________________________ MINISTERIAL APPROVAL DATE Town of Broadview Zoning Bylaw 2013-05 - 97 - APPENDIX "A" Development Permit Application Requirements Every development permit application shall include: 1. Application Form A completed application form. 2. Site Plan Two copies of a proposed development site plan. 3. Building Plan A plan showing, with labels, the elevations, floor plan, and a perspective drawing of the proposed development. 4. Landscape Plan A landscape plan showing, with labels, the following: a) the existing topography; b) the vegetation to be retained and/or removed; c) the type and layout of; i. hard (e.g., structures) and soft (e.g., vegetation) landscaping, ii. the open space system, screening, berms, slopes, iii. other, as required, to effectively administers this Bylaw, d) the types, sizes and numbers of vegetation materials; e) areas to be damaged or altered by construction activities and proposed methods of restoration; f) a schedule of site stripping and grading, construction, and site restoration, including methods to be employed to reduce or eliminate erosion by wind, water, or by other means; g) historical and archaeological heritage resources and management areas (a Heritage Resource Assessment as prescribed under The Heritage Property Act may be required). 5. Vicinity Map A vicinity map showing, with labels, the location of the proposed development in relation to adjacent lands: a) Nearby municipal roads, highways and railways; b) Significant physical features, environmentally sensitive areas, and more or less pristine natural areas or features, especially undisturbed grassland, wooded ravines, and water feature or stream courses; c) Critical wildlife habitat and management areas; Town of Broadview Zoning Bylaw 2013-05 - 98 - d) Mineral extraction resources and management areas, and e) Other as required, to effectively administer this Bylaw. 6. Certificate of Title A copy of the Certificate of Title, indicating ownership and all encumbrances. 7. Valid Interest Development permit applicants shall be required to provide information, to the Development Officer's or Council's satisfaction, that they have a current, valid interest in the land proposed for development. a) Proof of current valid interest may include: i. proof of ownership ii. an agreement for sale iii. an offer or option to purchase iv. a letter of purchase v. a lease for a period of more than 10 years vi. other, as determined and accepted by Council, or the Development Officer. 8. Site Description for Subdivision Applications a) A proposed plan of subdivision prepared by a Saskatchewan Land Surveyor or Professional Community Planner and signed by the registered site owner or appointed agent. b) A metes and bounds description prepared by the Information Services Corporation, which is accompanied by an accurate sketch. c) Photographic Information. d) Photographs showing the site in its existing state. Note: Prior to making a decision on a subdivision, permitted or discretionary use, Council may refer the application to whichever Government Agencies, the Municipal Planning Commission, the RM and Town of Broadview Planning Commission 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. Town of Broadview Zoning Bylaw 2013-05 - 99 - APPENDIX "B" Town of Broadview Application for a Development Permit 1. Applicant: a) Name:_______________________________________________ b) Address:_____________________________________________ Postal Code:_______________ c) Telephone Number: ___________________________________ Cell phone: ____ 2. Registered Owner: as above, or: a) Name:_______________________________________________ b) Address:_____________________________________________ Postal Code:_______________ c) Telephone Number: ___________________________________ Cell phone: ____ 3. Property: Legal Description Lot(s)_____________ Block_______________ Reg. Plan No._________________ 4. Lot Size: Dimensions__________________________ Area ___________________________ 5. Existing Land Use: ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 6. Proposed Land Use/description of Proposed Development: ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 7. Proposed date of Commencement:____________________________________ Proposed date of Completion:________________________________________ Town of Broadview Zoning Bylaw 2013-05 - 100 - 8. Other Information: ____________________________________________________________________________________ ____________________________________________________________________________________ 9. FOR NEW CONSTRUCTION PROVIDE A DETAILED SITE PLAN, drawn to scale on a separate sheet showing, with labels, the following existing and proposed information: a) a scale and north arrow; b) a legal description of the site; c) mailing address of owner or owner's representative; d) site lines; e) Bylaw site line setbacks; f) front, rear, and side yard requirements; g) site topography and special site conditions (which may require a contour map), including ponds, streams, other drainage runs, culverts, ditches, and any other drainage features; h) the location of any buildings, structures, easements, and dimensioned to the site lines; i) the location and size of trees and other vegetation, especially natural vegetation, street trees, and mature growth; j) proposed on-site and off-site services; k) landscaping and other physical site features; l) a dimensioned layout of parking areas, entrances, and exits; m) abutting roads and streets, including service roads and alleys; n) an outline, to scale, of adjacent buildings on adjoining sites; o) the use of adjacent buildings and any windows overlooking the new proposal; p) fencing or other suitable screening; q) garbage and outdoor storage areas; and r) other, as required by the Development Officer or Council to effectively administer this Bylaw. 10. Mobile Homes: C.S.A.Z240 Approval Number (from Black and Silver Sticker) 11. Modular/RTM: C.S.A. Z277 Approval Number (from Black and Silver Sticker) Modular date of Manufacture: ________________________ 12. Declaration of Applicant: I, __________________________________of the ____________________________of _________________________in the Province of Saskatchewan, do Solemnly declare that the above statements contained within the application are true, and I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue of "The Canada Evidence Act." I agree to indemnify and hold harmless the Town of Broadview from and against any claims, demands, liabilities, costs and damages elated to the development undertaken pursuant to this application. Date: ______________________________ Signature:______________________________ Town of Broadview Zoning Bylaw 2013-05 - 101 - APPENDIX "C" Town of Broadview Notice of Decision for a Development Permit or Zoning Bylaw Amendment To: _____________________________ ____________________________________________ (Applicant) (Address) This is to advise you that your application for a: Permitted Use or Form of Development, or  Discretionary Use or Form of Development, or  Request for a Zoning Bylaw Amendment Has Been: Approved  Approved subject to conditions or Development Standards, as listed in the attached schedule  Refused for the following reason:    If your application has been approved with or without conditions, this form is considered to be the Development Permit granted pursuant to the Zoning Bylaw. Right of Appeal Please be advised that under Section 59 of The Planning and Development Act, 2007:  you may NOT appeal the refusal of your application for a use or form of development that is not permitted within the zoning district of the application;  you may NOT appeal the refusal of your application for a discretionary use or form of development;  you may NOT appeal the refusal of your application for an amendment to the zoning Bylaw;  you MAY APPEAL those standards that you consider excessive in the approval of the discretionary use of form of development; or  you MAY APPEAL the refusal of your application if you feel that the Development Officer has misapplied the Zoning Bylaws in the issuing of this permit. Town of Broadview Zoning Bylaw 2013-05 - 102 - Your Appeal must be submitted in writing within 30 days of the date of this notice to: Secretary, Development Appeals Board Town of Broadview Post Office Box 430 Broadview, SK S0G 0K0 _____________________________ ____________________________________________ (Date) Development Officer Note: This Development Permit expires 12 months from the date of issue. A Building Permit is also required in addition to a Development Permit for a building construction.