Village of Buena Vista Zoning Bylaw No. 7/16
Buena Vista, Saskatchewan
· No. 7/16
· summary & facts
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Village of Buena Vista Zong Bylaw — Bylaw No. 7-16
VILLAGE U ENA
or VISTA
Zoning Bylaw 2016
Village of Buena Vista Zoning Bylaw — Bylaw No. 7-16
THE VILLAGE OF BUENA VISTA
Zoning Bylaw No. 7-16
1. Pursuant to Sections 45 of the Planning and Development Act, 2007, the Council of the Village of Buena Vista hereby adopts the Zoning
Bylaw, identified as Schedule “A” to this Bylaw.
2. The Mayor and Administrator are here by authorized to sign and seal Schedule “A” which is attached to and forms part of this Bylaw.
3. Bylaw No. 3/91, and any amendments made thereto is hereby repealed.
4. This Bylaw shall come into force on the date of final approval by the Minister of Government Relations.
Read a first time this {3 day of Dacawmilsov 20 Ib
Read a second time this 12. day of __Dacumiser 20 1]
Read a third time and passed this \2Z day of Dicembar 20\7)
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Village of Buena Vista Zoning Bylaw — Bylaw No. 7-16
Table of Contents
1. Introduction... cece deseaeesesecseseeaeaceneaes seseeeseeeeseeseseeees 4
1.1 AUTH OFITY: sosisssevesevresssiewentesessiorsscsrseesnssesoeonene seteeeeseeeeesesene
1.20 Title cceceeseeeeeeeeees Tritcarasiimencomne deseeeaeeseeeseseaeessacees 4
1.3 PULPOSE ssssscserscenss AVHSTIWOTS WARD A Sdes ennnon one 4
1.4 Scope serene
1.5 Severability........... deseesteneeeseessenes seteseeeaeeseeeseesueseceseeeese sess 4
2. Definitions .........ccceeeeeseeseeeees teseseseeseeeseeaes deceaeeseeseseeaeeseeesaeeaees 5
3. Administration and Interpretation...........cccccccceeees sesteseeeseens 21
3.1 Development Officer............
3.2 Counci
3.3 Application for a Development Permit ..........cc0cceeee w2l
3.4 Development Not Requiring a Permit
3.5 Interpretation...
3.6 Comprehensive Development ReVieWS..........:ccsesseeee 22
3.7 Development Permit Procedure ..............00006 sesesseeseessceseee 22
3.8 Discretionary Use Permit Procedure..
3.9 General Discretionary Use Evaluation Criteria................. 24
3.10 Development Permit Application Fees........ sestetesstentesseens 2D
3.11 Fee for Zoning Amendment Application
3.12 Concurrent Processing of Development Permits, Building
Permits, and Business Licenses ..........:cccccescessccessesssseeeeees seteeeeeeee 25
3.13 Referral Under the Public Health Act .......cccccccceeeeeees .25
3.14 Development Appeals Board.....
3.15 Minor Variance...... .
3.16 Non-Conforming Buildings, Uses, and Sites
3.17 Development Permit — Invalid........ccccsceseeseeseeseeee
3.18 Cancellation...
3.19 Stop-Work...
3.20 Bylaw Compliance..........
3.21 Registering Interests
3.22 Moving Buildings deceaeeseseeeeseeaeeeeeeeaes seeteeeeeeeteeneeee 28
3.23. Temporary Development Agreements.............066 sesteeeeeee 28,
3.24 Development Levy Agreements ..........ccccssessesesseseseeseeee 28
3.25 Servicing Agreements
5.
General Regulations
4.1
Legislation ...
4.2
4.3
44
45
4.6
4.7
48
4.9
4.10
4.11
4.12
4.13
4.14
4.15
4.16
4.17
4.18
Greenhouses... seeeeeeees beeteeees
4.19
4.20
4.21
4.22
4.23
Discretionary Use Standards for Development .
5.1
5:2
5.3
5.4
5.5
5.6
5.7
5.8
5:9
Licenses, Permits, and Compliance with Other Bylaws and
Principal Use Established ...........
Multiple Uses ........
Uses Permitted in All Zoning Districts
Number of Principal Buildings on a Site...
Accessory Buildings, Uses, and Structures... Pveetihen 29.
Front Yard Reduction........ aie
Frontage for Irregular Lots......
Permitted Yard Encroachments.
Site Grading, Leveling, and Drainage....
Height of Buildings ...............ccssdedseree:
Heritage Properties.......
Signage of Natural and Human Heritage Sites.
Signage (taken from existing) .......... deseesesteeeesseees
Buffer Strips .......ccccceseesseesesseeeeeee seseesesees
Closings .
Private Garages, Carports, Sunrooms, Solariums, and
swimming Bere ehenemnn 5 OBST nae ieseeuervesevees
Disposal of Wastes........
Fence and Hedge Heights ...
Terms and Conditions for Discretionary Approvals......... 33
Home Occupations...
Secondary Suites........... ceseseeenseeessees seseseeeeee
Modular Homes .............0606 deseo
Bed and Breakfast Homes...... . .
Day Care Centres and Pre-Schools sestaeeseseeseesenee OA
Adult Day Cares.....cccccccsessssessscesssescssssssessssssssssssssesseseee 34
Residential Care homeS.......c.c.ccccccccseeseeee qeseFeatssdraadeosee 35
Campgrounds.........
Village of Buena Vista zoning Bylaw — Bylaw No. 7-16
5.10 Garden Suites...
5.11
6. Zoning Districts and Zoning Map
6.1
6.2
6.3
6.4
7. Residential Low Density District — R1
7A:
vey)
7.3
74
75
7.6
77
7.8
7.9
8. Residential Low Density Topographical Limitation District — R242
8.1
8.2
8.3
8.4
8.5
8.6
8.7
8.8
8.9
9. Residential Medium Density District — R3...
9.1
9.2
9.3
9.4
9.5
9.6
9.7
Above-Ground Fuel Storage Tanks
Zoning Districts
The Zoning District Map
Boundaries of the Zoning Districts
Holding Designation
Permitted Uses...
Discretionary Uses
Site Development Regulations...
Accessory Buildings and Structures......
Fence and Hedge Height...
Signage ...........
Parking
Outdoor Storage.
Supplementary Discretionary Use Standards...
Permitted Uses.
Discretionary Uses........
Site Development Regulations
Accessory Buildings and Structures
Fence and Hedge Height ..........c:ccccee
Signage
Parking....... seseeeeee
Outdoor Storage........ .
Supplementary Discretionary Use Standards.............. vee 44
Permitted Uses.
Discretionary Uses
Site Development Regulations
Accessory Buildings and Structures...
Signage ...
Parking
Outdoor Storage
9.8
10. Large Lot Low Density Residential District — R4....
9.1
10.1
10.2
10.3
10.4
10.5
10.6
10.7
10.8
11. Commercial District — C.....
11.1
11.2
11.3
11.4
11.5
11.6
11.7
11.8
12. Cottage Industrial District — IND ......
12.1
12.2
12.3
12.4
12.5
12.6
12.7
12.8
12.9
12.10
12.11
12.12
13. Community Service District — CS....
13.1
Standards for Discretionary Uses
Permitted Uses............00.
Discretionary Uses ..
Site Development Regulations...
Accessory Buildings and Structures .
Fence and Hedge Height
Signage...
Parking ....
Permitted Uses
Discretionary Uses
Site Development Regulations.........
Accessory Buildings...
Signage
Parking ..
Landscaping
Standards for Discretionary Uses...
Permitted Uses
Discretionary Uses ...
Site Development Regulations.....
Accessory Buildings..
Fence and Hedge Heights ...............0005 seseeeseeeees .
Landscaping cecesececesssseeeees
Parking ........ desteseeaee
Loading Requirements
Signage.......... wave
Outdoor Storage ..........
Standards for Discretionary Uses....
Performance Standards .........
Permitted uses...
Page 2
Village of Buena Vista Zoning Bylaw — Bylaw No. 7-16
13.2 Discretionary Uses............ .60
13.3 Site Development Regulations ............ssseeseeseeeseeeeereees 60
13.4 Accessory BUIIGINGS ..........sesseeseseesesseseseeeseseeeesenesteteseeeees OL
13.5 Signage
13.6 Parking..........
13.7 Landscaping..
13.8 Standards for Discretionary USeS.........:ccsssesseesesesereereees O2
14. Future Urban Development - FUD .. 63
14.1 Permitted USS... ecestscsscssssssscesetsesetseestneeeeess
14.2 Discretionary Uses
14.3 Site Development Regulations .............ssssssesseseseseeeseeeeee OS
14.4 Signage ......sceeeeeeee sesteaeaeseeeeeeseeaeaeeetaeateseseterseseseees OD
14.5 Supplementary Regulations .. sessesteseteetecseeseeesteeeneees OD
15. Agricultural Resource District - AR ......ssscsesseseeeestenteestesees OD
15.1 Permitted USCS .......ccsceceecseeesseesesesseeesseeeeasessseneesesseeeeees OD
15.2 Discretionary Uses. seseeeseeseeseeeeteeeteees OD
15.3 Site Development Regulations ..
15.4 SIGMA! .....seescecsseeseseeeeeeesees ssid vallosiehenewsdabeanvenseetescsnteen 65
15.5 Supplementary Development Standards ............:++++++ 66
16. Flood Hazard Overlay - FH.........s eee .67
16.1 Defining the BOUNALY ..........sesssseseesesssteseseeteseesessetenestetens OF
16.2 Site Regulations in the Flood Hazard Land Areas.............67
16.3 Flood Proofing Regulations ..........ssssssssesessseseeseseeeeseseens OF
17. Slope Hazard Overlay - SH....scscescesssesseeeseseeseeseesessereeteeteaeeeees 8
ave OL,
17.1 Defining the Area...... snanivenairensieremnva cman OB
17.2 Site Regulations in the Slope Hazard Area..... 68
18. Zoning District Map........sccccseserseesesseesssesseessessssereesesseessises OD
Page
1.1
AUTHORITY
Under the authority granted by The Planning and Development Act,
2007, the Mayor and Council of the Village of Buena Vista in the
Province of Saskatchewan, in open meeting, hereby enacts as follows:
1.2
TITLE
This Bylaw shall be known and may be cited as the Zoning Bylaw of the
Village of Buena Vista.
1.3
PURPOSE
-1_ The purpose of this Bylaw is to regulate development and to control
the use of land in the Village of Buena Vista in accordance with the
Village of Buena Vista Official Community Plan Bylaw No. 7-16.
.2 The intent of this Zoning Bylaw is to provide for the amenity of the
area within the Village of Buena Vista (hereinafter referred to as the
Village) and for the health, safety, and general welfare of the
inhabitants of Buena Vista and area:
a.
b.
To minimize land use conflicts;
To establish minimum standards to maintain the amenity of the
Village;
To ensure development is consistent with the physical
limitations of the land;
To restrict development that places undue demand on the
Village for services; and,
To provide for land use and development that is consistent with
the goals and objectives of the Village.
)
Village of Buena Vista zuning Bylaw — Bylaw No. 7-16
1.4 SCOPE
This Bylaw applies to all land included within the boundaries of the
Village of Buena Vista. All development within the limits of the Village
shall hereafter conform to the provisions of this Bylaw.
1.5. SEVERABILITY
A decision of a Court that one or more of the provisions of this Bylaw
are invalid in whole or in part does not affect the validity, effectiveness,
or enforceability of the other provisions or parts of the provisions of this
Bylaw.
Page 4
age of Buena Vista Zoning Bylaw — Bylaw No. 7-16
Whenever the subsequent words or terms are used in this Bylaw and the Village of Buena Vista Official Community Plan Bylaw No. 6-16, they shall have
the following definition unless the context indicates otherwise.
A
Abattoir: A facility for butchering or slaughtering animals, and to dress,
cut, inspect meats, refrigerate, cure and manufacture by-products.
Accessory: A building or use that:
a. Is subordinate to and serves the principal building or principal
use;
Is subordinate in area, mass, extent, and purpose to the
principal building or principal use served;
c. Contributes to the comfort, convenience, or necessity of
occupants of the principal building or assists the principal use;
and
d. Is located on the same site as the principal building or use.
Act: The Planning and Development Act, 2007, Province of
Saskatchewan, as amended from time to time.
Administrator: The Administrator of the Village of Buena Vista.
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 (1) major occupancy class or division to
another, or a structural change such as an addition to the area or
height, or the removal or part of a building, or any change to the
structure such as the construction of, cutting into or removal of any
wall, partition, column, beam, joist, floor or other support, or a change
to or closing of any required means of egress or a change to the fixtures,
equipment, cladding, trim, or any other items regulated by this Bylaw
such as parking and landscaping.
Ancillary Use: A secondary and subordinate use to the principle use,
which is specifically allowed, and may include an associated building
that is 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 (3) or more dwelling units
as herein defined, each of which is occupied or intended to be occupied
as a permanent home or residence as distinct from a hotel or rooming
house.
Applicant: A developer or person applying for a development permit
under this Bylaw or for a subdivision approval to an approving authority
under The Planning and Development Act, 2007.
Page
)
Village of Buena Vista zoning Bylaw — Bylaw No. 7-16
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 (4) wheels and an internal-combustion engine, used for
land transport.
Auto Wrecker: An area where motor vehicles as disassembled,
dismantled or junked, or where vehicles not in operable condition, or
used parts of motor vehicles, are stored or sold to the general public.
Awning: A structure that is mechanical and fabricated from plastic,
canvas or metal that is spread across a frame designed to be attached to
a wall and hung above a doorway or window.
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 (1) meal served
before noon, is provided to the traveling public for a charge.
Billboard: A private free standing sign, including supporting structure,
which advertises goods, products, services, organizations, of facilities
that are available from, located on, or refer to, a site other than the site
on which the sign is located.
Buffer: A strip of land, vegetation or land use that physically separates
two or more different land uses.
Building: A structure constructed on, in, or over land and used for the
shelter or accommodation of persons, animals, goods, or chattels, and
includes any structure covered by a roof supported by walls or columns.
Building, Accessory: (See Accessory).
Building Bylaw: A Bylaw of the Village of Buena Vista to regulate the
erection, alteration, repair, occupancy, or maintenance of buildings and
structures.
Building Height: The vertical distance of a building measured from the
grade level to the highest point of the roof.
Building Permit: A permit, issued under the Building Bylaw of the Village
of Buena Vista, 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 Village of Buena Vista Zoning Bylaw.
C
Campground: An area used for a range of overnight camping
experiences, from tenting to serviced trailer sites, including accessory
facilities which support the use, such as administration offices and
laundry facilities, but not including the use of mobile homes or trailers
on a permanent year-round basis.
Cardlock Operation: A petroleum dispensing outlet without full-time
attendants.
Page 6
Village of Buena Vista Zoning Bylaw — Bylaw No. 7-16
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.
land
Commercial/Industrial Use, Large Scale: Commercial or Industri
uses maintaining a lineal frontage in excess of 90 metres (295 ft.).
Commercial/Industrial Use, Small Scale: Commercial or Industrial land
uses maintaining a lineal frontage of less than 90 metres (295 ft.).
Community Facilities: Buildings or facilities used for recreational, social,
educational or cultural activities and that are owned by a municipal
corporation, non-profit corporation or other non- profit organization.
Compost: Materials used in gardening, agriculture, landscaping, erosion
control, wetland construction, and landfill cover.
Concrete and Asphalt Plant: An industrial facility used for the
production of asphalt or concrete, or asphalt or concrete products, used
in building or construction, and includes facilities for the administration
or management of the business, the stockpiling of bulk materials used in
the production’s process or of finished products manufactured on the
premises and the storage and maintenance of required equipment.
Condominium: Land, buildings, and units, including private and
common property as defined under The Condominium Property Act.
Conservation: The planning, management and implementation of an
activity with the objective of protecting the essential physical, chemical
and biological characteristics of the environment.
Construction Trades: Offices, shops and warehouses, with or without
retail sales for trades associated with construction of buildings.
Contractors Yard: The yard of a contractor or company, including
landscaping materials used as a depot for the storage and maintenance
of equipment used by the contractor or company, and includes facilities
for the administration or management of the business and the
stockpiling or storage of supplies used in the business.
Convenience Store: A store offering for sale primarily food products,
beverages, personal care items, hardware and printed matter and which
primarily provide a convenient day-to-day service to residents in the
vicinity.
Council: The Council of the Village of Buena Vista.
Cultural Institution: Establishments such a museums, art galleries,
libraries and similar facilities or historical, educational or culturally
interests which are not commercially operated.
D
Day Care Centre: An establishment providing for the care, supervision
and protection of children or adults but does not include the provision
or overnight supervision.
Deck: Any raised floor structure at least 0.31 metres (1 foot) above the
average ground level upon which it is constructed, either adjacent to 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.
Page
age of Buena Vista zuning Bylaw — Bylaw No. 7-16 “
Development Officer: A person appointed by the Village 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 Village’s boundaries as prescribed under
Section 13 of The Uniform Building and Accessibility Standards Act.
Development Permit: A document issued by the Council of the Village
of Buena Vista that authorizes development pursuant to this Bylaw, but
does not include a building perm
Directional Signage: Signage located off-site providing direction to, and
information about, a specific enterprise or activity which does not
contain general advertising.
Discretionary Use: Uses or development of land, buildings, or other
structures that may be permitted in a Zoning District only at the
discretion of Council and which conforms to all discretionary use
regulations and other regulations applicable to the district in which the
use is located.
Dwelling: A building or part of a building intended for residential
occupancy.
Dwelling Unit: One (1) or more habitable rooms used, or fully capable
of being used as a residence, where each unit provides sleeping, cooking
and toilet facilities.
Dwelling, Duplex: A building divided that is divided into two dwelling
units with separate entrances and separated by a common party wall.
Dwelling Group: A group of single-detached, semi-detached, or multiple
unit dwellings clustered on one (1) lot or site, built as one (1)
development.
Dwelling, Multiple Unit: A building containing three or more dwelling
units and shall include condominiums, townhouses, row houses, and
apartments as distinct from a rooming house, hotel, or motel.
Dwelling, Semi-Detached: A building divided vertically into two (2)
dwelling units by a common wall extending from the base of the
foundation to the roofline.
Semi-Detached Dwelling
Dwelling, Single-Detached: A building containing only one dwelling
unit, and shall not include a mobile home as herein defined.
Single-Detached Dwelling
Dwelling, Townhouse: A dwelling, designed as one (1) cohesive
building in terms of architectural design, which contains three (3) or
more similar attached dwelling units each of which fronts on a street
has direct access to the outside at grade and is not wholly or partly
above another dwelling.
1
Town House Dwelling
Page 8
Village of Buena Vista Zoning Bylaw — Bylaw No. 7-16
E
Educational Institution: An establishment dedicated for the purpose of
providing education and instruction in any branch of knowledge.
Existing: In place, or taking place, or with all approvals and permits in
place on the date of the adoption of this Bylaw.
F
Farm Building/Yard: Improvements such as barns, granaries, etc. used
in connection with the growing and sale of trees, shrubs and sod or the
raising or production of crops, livestock or poultry, fur production, bee
keeping and situated on a parcel of land used for the farm operation.
Fence: A structure used to enclose or screen areas of land.
Fill (Clean Fill): Soil, rock or other material approved by the Village.
Flanking: Means to the side of a lot, parcel or site.
Flood: A temporary rise in the water level that results in the inundation
of areas not ordinarily covered by water.
Floodway: The portion of the flood plain adjoining the channel where
the waters in the 1:500 year flood are projected to meet or exceed a
depth of one metre or a velocity of one (1) metre per second.
Flood-proofed: A measure, or combination of structural and non-
structural measures, incorporated into the design of a structure which
reduces or eliminates the risk of flood damage to a defined elevation.
Flood Fringe: The portion of the 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.
1
Flood Fringe Flood Fringe
I |
Main Channel
Cross-section of a Flood Fringe and Floodplain
Floor Area: The maximum area contained within the outside walls of a
building, excluding in the case of a dwelling, any private garage, porch,
veranda, open deck, unfinished attic, or unfinished basement or cellar
and in a commercial or industrial building, any utility room.
Future Land Use Map: In its projections, the map specifies certain areas
for residential growth and others for residential, industry, commercial
and conservation. The Future Land Use Map for Buena Vista is attached
as Appendix “A “in the Official Community Plan,
Frontage (Lot Frontage): The distance across the street side of a lot (a
lot must front on a street), between the points where the side lines of
the lot meet the street right-of-way or boulevard; or, where a lot is
irregular in shape and is narrowest at the front street end, the width of
the lot shall be measured parallel to the street line at the centre of the
front lot line, and at a setback from the front lot line no greater than the
minimum permitted building setback.
G
Garage, Private: A building or part of a building used for or intended to
be used for the storage of motor vehicles and wherein neither servicing
nor repairing of such vehicles are carried on for remuneration.
Page
age of Buena Vista zuning Bylaw — Bylaw No. 7-16 °
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 Suite: A second, small, dwelling on the site of a primary, single-
family dwelling that accommodates one (1) or two (2) family members
of the owner/occupants of the primary residence and is intended to
allow the family to live independently but with the support nearby of
the extended family.
Gas Bar: A building or place where fuel and automotive fluids are sold
and may be added to a vehicle on the property, and which may have a
convenience store and/or restaurant.
Grade: The average elevation of the natural ground level at the walls of
a building or structure as determined by the elevation of the four
outside corners of the building.
Greenhouse, Commercial: A building for the growing of flowers, plants,
shrubs, trees and similar vegetation that are not necessarily
transplanted outdoors on the same site, but are sold directly at
wholesale or retail from the site.
Greenhouse, Private: A building for the growing of flowers, plant,
shrubs, trees and similar vegetation that are transplanted outdoors on
the same site containing such greenhouse(s), and where greenhouse
products may not be offered for sale.
Greenways: Corridors or protected open spaces that are publicly or
privately owned and managed for conservation and recreation
purposes.
Group Home: (See Personal Care Home).
H
Hazardous Industry/Substance: A substance that, because of its quality,
concentration or physical, chemical or infectious characteristics, either
individually or in combination with other substances on the site is an
existing or potential threat to the physical environment, to human
health or other living organisms.
Hazard(ous) Land: Land having inherent environmental hazards; land
subject to flooding, earth movement, or slope instability, land with poor
natural drainage, ground water seepage, erosion, steep slopes, rock
formations, or other similar features.
Health Service Facility (Health Clinic): A building or part thereof used by
qualified health service practitioners for the treatment of human health
needs.
Heritage Resource: The history, culture and historical resources of an
area and its residents.
Highway Commercial: Commercial activities normally located along
highways, major roadways and in other locations considered strategic
by the type of business involved serving the needs of local residents and
the traveling public.
Highway Sign Corridor: A strip of land parallel and adjacent to a
provincial highway, where private signs may be permitted to advertise
goods and services of local area businesses and attractions, as provided
by regulations of the Department of Highways entitled The Erection of
Signs Adjacent to Provincial Highway Regulations, 1986, as may be
amended from time to time.
Home Occupation (Home Based Business): An occupation, trade,
profession, or craft customarily conducted for gain in a dwelling unit or
accessory building by the resident or residents, which is clearly
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.
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Village of Buena Vista Zoning Bylaw — Bylaw No. 7-16
Hotel: A building or structure or part of a building or structure in which
sleeping accommodation with or without meals is provided for tourists
or travelers, and where a guest register or record is kept, but does not
include a motel or rooming house.
Industrial Exclusionary Uses: Refers to certain industrial activities that
may be characterized as exhibiting a high potential for adversely
affecting the safety, use, amenity or enjoyment of adjacent and nearby
industrial and non-industrial sites due to their scale, appearance, noise,
odour, emissions and hazard potential. Such activities are considered
exclusionary when the only means of mitigating the associated negative
effects on surrounding land uses is through spatial separation.
Exclusionary uses would include but not be limited to the following:
landfill; ethanol plant; transformer stations; uranium refineries;
anhydrous ammonia storage; and distribution centres.
Industrial Use: The use of land, buildings or structures for the
manufacturing, assembling, processing, fabrication, warehousing or
storage of goods and materials.
Industrial Park: An area of land set aside for industrial development,
usually located close to transport facilities, especially where more than
transport mode coincides, i.e. highways, railroads, airports.
Infill Development: Re-development within existing areas or
neighbourhoods.
Institutional Use: The use of land, buildings, or structures for religious,
charitable, educational, health or welfare purposes and includes
churches, public or private schools, nursery schools, hospitals, and
special care.
K
Kennel, Boarding: The temporary accommodation of more than four (4)
dogs, cats or other domestic animals for commercial purposes.
Kennel, Breeding: The keeping of domestic animals, male and female,
and which are more than twelve (12) months old, for breeding
purposes.
Kennel, Enclosure: An accessory building or enclosure intended to
house one (1) of more domestic animals.
L
Landfill: A specially engineered site for disposing of solid waste on land,
constructed so that it will reduce hazard to public health and safety.
Landscaped Area: An area not built upon and not used for any purpose
other than as an open space that may include grass, shrubs, flowers,
trees, and similar types of vegetation and may contain paths, walks,
patios, fences and similar outdoor amenities, but does not include
parking areas, parking lots, driveways or ramps.
Land Use Zoning District: Divisions identified in the Zoning Bylaw
establishing permitted and discretionary uses of land or buildings with
attendant regulations.
Lane: A secondary public thoroughfare intended primarily to give access
to the rear or side of the abutting property.
Livestock: Domesticated animals used primarily as beasts of burden or
for the production of fur, hides, meat, milk, eggs or other product, or as
breeding stock, but excluding companion animals.
Loading Space: A space measuring at least 2.5 metres (8.20 ft.) in width
and 8.5 metres (27.88 ft.) in depth, located on a lot, and having access
to a 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.
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Village of Buena Vista Zuriing Bylaw — Bylaw No. 7-16
Lounge: A room or area adjoining a restaurant set aside for the sale of
beverage alcohol for consumption on the premises, with or without
food, and where no area has been set aside for dancing or
entertainment, either in the lounge or in the adjoining restaurant. The
area of a lounge may not exceed 50% or the public assembly area in the
adjoining restaurant, subject to Provincial Regulations.
M
Manufacturing Establishment: A firm or business engaged in the
mechanical or chemical transformation of materials or substances into
new products including the assembling of components parts, the
manufacturing of products and the blending of materials.
Marquee: A roof-like structure of a permanent nature which projects
from the wall of a building that is independently supported by a system
of columns or piers without walls over an entrance to a building.
Mayor: The Mayor of the Village of Buena Vista.
Minister: The member of the Executive Council to whom for the time
being is assigned the administration of The Planning and Development
Act, 2007.
Mini-Storage: A commercial facility made up of more than one (1) unit in
which customers can rent space to store possessions.
Mixed-Use: A mix of land uses that facilitate the mixing, rather than
separation of, land uses in one distinctive environment, either vertically
in the same building or horizontally adjacent. It is intended to be
compatible with adjacent uses.
Mobile Home: A trailer coach that may.be used as a dwelling all year
round; has water faucets and shower or other bathing facilities that may
be connected to a water distribution system; has facilities for washing
and a water closet or other similar facility that may be connected toa
sewage system; and that conforms to the Canadian Standards
Association Standard #Z240.
Double-Wide Mobile Home
Mobile Home Park: A site under single management for the placement
of two (2) 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 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 (1) or more sections,
transported to a site for permanent installation on a permanent
Page 12
Village of Buena Vista Zoning Bylaw — Bylaw No. 7-16
foundation (may have a basement), having architectural features similar
to permanent residential dwellings built on site in the Village, and
conforming to Canadian Standards Association (CSA) Standard A277.
Modular (Manufactured) Home
Modular (Manufactured) Home Subdivision: Any subdivision of land
and the development thereof for the purpose of accommodating
modular homes in such a manner that each home is situated on its own
site and in which all sites, public open space, internal streets, buffer
zones, and other amenity areas form a contiguous area of development.
Motel or Motor Hotel: A building or buildings consisting of a number of
individual rental units, intended for the use of the traveling public, each
containing at least a bedroom and bathroom, and each having
convenient access to a parking space for the use of the occupants of the
units and may or may not provide food service.
Multiple-Unit Building: A building containing two (2) or more distinct
uses, each of which is allowed in the Zoning District in which the
building is located.
Multiple Complimentary (Vertically Integrated) Activities: The
accommodation of multiple complimentary activities which could be
considered principal permitted uses under single or multiple ownership
within one (1) or more buildings on a single parcel where these uses are
considered to provide additional processing and/or the sale of
manufactured goods produced onsite.
Municipality: The Village of Buena Vista.
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.
O
Office or Office Building: A building or part of a building used primarily
for conducting the affairs of a business, profession, service, industry or
government in which no goods or commodities of business or trade are
stored, trans-shipped, sold or processed.
Official Community Plan (OCP): The Village of Buena Vista Official
Community Plan Bylaw No. 6-16, as per Section 32 of The Planning and
Development Act, 2007.
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Village of Buena Vista Zoning Bylaw — Bylaw No. 7-16 “
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.
P
Parking Lot: An open area, other than a street, used for the temporary
parking of more than four (4) vehicles and available for public or private
use.
Parking Space: A space within a building or parking lot for the parking of
one (1) motor vehicle including convenient access to a public lane or
street and shall be not less than 2.5 metres (8.20 ft.) wide and 5.5
metres (18.04 ft.) in length.
Pasture: A site that is used for the raising and feeding of livestock by
grazing.
Patio: Any hard surface or floor structure less than 0.31 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 Care Home: A facility licensed under the Personal Care Homes
Act that provides long term residential, social and personal care,
including accommodation, meals, supervision or assistance for persons
who have some limits on ability for self-care, and are unrelated to the
operator or owner.
Personal Service Trades: A building or part of a building in which
persons are employed in furnishing services and administering to
customer’s personal and or grooming needs, but does not include the
provision of health related services.
Places of Worship: A building set aside by any religious organization for
public worship. Typical uses include churches, chapels, mosques,
temples, synagogues and parish halls.
Pond: Any constructed containment of water for the purpose of
landscape enhancement, keeping ornamental fish or aquatic plants, or
for other similar purposes, but not a swimming pool.
Principal Use: The main or primary activity, for which a site or its
buildings are designed, arranged, developed or intended, or for which is
occupied or maintained.
Public Work: A facility as defined under The Planning and Development
Act, 2007 including a system, work, plant, equipment, or service,
whether owned or operated by the Municipality, or by a corporation
under Federal or Provincial statute, that furnishes any of the following
services and fa es to, or for the use of, the inhabitants of the Village
of Buena Vista:
e Communication by way of telephone lines, optical cable,
microwave, and cable;
e Television services;
e Delivery of water, natural gas, and electricity;
e Public transportation by bus, rail, or other vehicle production,
transmission;
e Collection and disposal of sewage, garbage, and other wastes; and
e Fire and police services.
R
Real-Estate Signage: Signage directly associated with the sale of a
property on which it is located and which maintains a gross surface area
of less than 1.0 m? (10.76 ft?).
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Village of Buena Vista Zoning Bylaw — Bylaw No. 7-16
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).
Residence: (See Residential Use).
Residential Care Home: A licensed or approved group care home
governed by Provincial regulations that provide, in a residential setting,
twenty-four (24) hour care of persons in need of personal services,
supervision or assistance essential for sustaining the activities of daily
living or for the protection of the individual.
Residential Use: The use of land, buildings, or structures for human
habitation.
Restaurant: A building or part of a building wherein food is prepared
and offered for sale to the public primarily for consumption within the
building. Limited facilities may be permitted to provide for a take-out
food function provided that such a facility is clearly secondary to the
primary restaurant use.
Retail Store (Shop): A building or part thereof, or a place, where goods,
wares, merchandise, substances, or articles are offered or kept for sale
or rent, and may include servicing and the manufacture of products on
site for sale on the site so long as the gross floor area used for
manufacturing does not exceed 25% of the gross floor area of the retail
store.
Right-Of-Way: The land set aside for use as a roadway or utility corridor.
Rights of way are purchased prior to the construction of a new road or
utility line, and usually enough extra land is purchased for the purpose
of providing mitigative features. Sometimes road rights of way are left
vacant after the initial roadway facility is constructed to allow for future
expansion.
Rooming House (Boarding House): A building which contains a room or
rooms for accommodation other than a dwelling unit or other form of
accommodation defined elsewhere in this Bylaw, where meals may or
may not be provided, with sleeping facilities and with or without
private toilet facilities.
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Village of Buena Vista cuning Bylaw — Bylaw No. 7-16 .
RTM (Ready to Move) Home: A residential dwelling that is constructed
off- site in a yard or factory to National Building Code and transported
as a single unit to a site for permanent installation on a permanent
foundation including a basement.
RTM (Ready to Move) Home
S
Satellite Dish: A parabolic antenna utilized for the reception of satellite
transmitted television or radio waves.
Salvage Yard (Wrecking): A parcel of land where second-hand,
discarded or scrap materials are bought, sold, exchanged, stored,
processed or handled. Materials include scrap iron, structural steel,
rages, rubber tires, discarded goods, equipment, appliances or
machinery.
School: An educational facility under the jurisdiction of a Board of
Education, a college, university, or any other school established and
maintained either wholly or partially at public expense, whether or not
the same is a boarding school and includes any dormitory building
accessory to such school.
Secondary Suite: A self-contained dwelling unit which is an accessory
use to, and located within, a detached building in which the principal
use is a one (1) unit dwelling.
Self-Service Storage Facility: A commercial business that rents
or leases storage rooms, lockers, containers, modular storage
units and/or outdoor space, for businesses and individuals to store and
access their goods.
Service Station: A site used for the retail sale of lubricating oils and
gasoline, automobile accessories, and for the servicing and repairing of
motor vehicles essential to the operation of a motor vehicle; but does
not include an auto body or painting shop, car sales lot, or a car washing
establishment.
Setback: The distance required to obtain the front yard, rear yard or
side yard provisions of this Bylaw.
Shopping Centre: A building or group of buildings located on one or
more contiguous and/or non-contiguous lot or site, in which four (4) or
more of the uses allowed in the Zoning District are co-located for their
mutual benefit including the use of off-street parking and other joint
facilities.
Should, Shall or May;
¢ Shall is an operative word which means the action is obligatory.
e Should is an operative word which means that in order to achieve
plan objectives, it is strongly advised that the action be taken.
e 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.
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Village of Buena Vista Zoning Bylaw — Bylaw No. 7-16
Sign, Canopy: A sign attached to, or painted on an awning, canopy or
freestanding canopy.
Sign, Fascia: A sign fastened to, or painted on the wall of a building or
structure in such a manner that the wall becomes the supporting
structure for, or forms the background surface of the sign and which
does not project more than 0.5 metres (1.64 ft.) from such building or
structure.
Sign, Freestanding: A sign, except a billboard, independently supported
and visibly separated from a building or other structure and
permanently fixed to the ground.
Sign, Height: The vertical distance measured from the highest point of
the sign to grade level at the centre of the sign.
Sign, 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 ft.) 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 (1) or more lots consolidated
under a single certificate of title, considered as a unit devoted to a
certain use or occupied by a building or a permitted group of buildings,
and the customary accessories and open spaces belonging to the same.
in the site lines of a site.
Site Area: The total horizontal area wi
Site, Corner: A site at the intersection of two (2) or more public streets,
or upon two (2) parts of the same street, the adjacent sides of which
street or streets (or, in the case of a curved corner, the tangents at the
street extremities of the side site lines) contain an angle of not more
than one hundred thirty-five (135) degrees. In the case of a curved
corner, the corner of the site shall be that point on the street at the
point of intersection of the said tangents.
Site Coverage: The percentage of the site area covered by all the
buildings above the ground level.
Site Depth: The horizontal distance between the front site and rear site
lines, but where the front and rear site lines are not parallel the site
depth is the length of a line joining the midpoint of such site lines.
Site, Through: A site other than a corner site, having separate frontages
on two (2) streets. The front site line of a through site shall be
determined by predetermined building lines.
Site, Width: The horizontal distance between the side boundaries of the
site measured at a distance from the front lot line equal to the
minimum front yard required for the district in which the site is located.
Site Line: Any boundary of a site.
Site Line, Front: The line separating the site from the street; for a corner
site, the shorter line abutting a street; but in the case of a corner site
with two (2) street lines of equal length, the front site line shall be
designated by predetermined building lines.
Site Line, Rear: The site line at the rear of the site, opposite the front
site line.
Site Line, Side: A site line other than a front or rear site line.
Site Plan: A plan showing the location of existing and proposed
buildings on a site in relationship to the site lines.
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Village of Buena Vista cuning Bylaw — Bylaw No. 7-16
Special Care Facility (Home): An institutionalized nursing home,
supervisory care home, sheltered care home or other facility used for
the purpose of providing supervisory care, personal care, and nursing
care.
Special Needs Housing: Multiple unit dwellings or dwelling groups
Operated by a non-profit corporation or public authority and used
exclusively for the domestic habitation of senior citizens, disabled
persons, occupants of subsidized housing, or the cohabitant spouse and
children of persons noted above.
Storey: That portion of a building, other than an attic or basement,
between the upper surface of any floor and the upper surface of the
floor next above.
Storey, One-Half: That portion of a building situated wholly or in part
within the roof and in which there is sufficient space to provide a height
between finished floor and finished ceiling of between 1.6 metres (5.25
ft.) and 2.3 metres (7.55 ft.) over a floor area which is not less than one-
third (1/3) nor more than two-thirds (2/3) of the floor area of the story
next below.
Stakeholders: Individuals, groups or organizations who have a specific
interest or “stake” in a particular need, issue situation or project and
may include members of the local community residents, community
groups or local, Provincial and Federal governments.
Street: The whole and entire width of every highway, public road, or
road allowance vested in Her Majesty in the right of the Province of
Saskatchewan and shown as such on a plan of survey registered at the
Information Services Corporation (ISC).
Strip Mall (Mini Mall): A building of not more than 604.0 m? (6501.61
ft?) in gross floor area in which a minimum of three (3) and a maximum
of six (6) of the permitted or discretionary uses of the Zoning District are
located together for their mutual benefit.
Structural Alteration: The construction or reconstruction of supporting
elements of a building or other structure.
Structure: Anything that is built, constructed or erected that is located
on the ground or attached to something located on, or in the ground.
Subdivision: A division of land, and includes a division of a quarter
section into legal 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 ft.) or more at any point.
T
Tavern: An establishment, or portion thereof, where the primary
business is the sale of beverage alcohol for consumption on the
premises, with or without food, and where no live entertainment or
dance floor is permitted, subject to Provincial Regulations.
(Tele)communication Facility: A structure situated on a non-residential
site that is intended for transmitting or receiving television, radio or
cellular communications, excluding those used exclusively for dispatch
communications.
Tourist Campground: An area of land, managed as a unit, providing
short-term accommodation for tents, camping trailers, motor homes
and campers, including accessory facilities such as administration offices
and laundry faculties.
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Village of Buena Vista Zoning Bylaw — Bylaw No. 7-16
Trailer (Camping), Motor Home: Any vehicle designed, constructed or
reconstructed in such a manner as will permit occupancy as a dwelling
or sleeping place for one (1) or more persons, notwithstanding that its
running gear is removed or jacked up, is used or constructed in such a
way as to enable it to be used as a conveyance upon public streets or
highways, and includes self-propelled and non-self-propelled vehicles.
Motor Home — Camping Trailer
Trucking Firm Establishment: The use of land, buildings or structures for
the purpose of storing, servicing, repairing, or loading trucks, transport
trailers and/or buses, but does not include an automobile service
station, transportation sales or rental outlets.
U
Use: The activity or purpose for which any land, building, structure, or
premises, or part thereof is arranged, designed, or intended, occupied,
or maintained.
Used For: Includes “arranged for”, “designed for”, “intended for”,
“maintained for”, and “occupied for”.
Utility Shed: An accessory building or structure used for the storage of
goods with a maximum floor area of 9.29 m? (100 ft?).
Vv
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.
Village: The Village of Buena Vista.
Village Administrator: The Administrator of the Village of Buena Vista.
Ww
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 kilowatt (kW) for non-residential use or 10 kW for residential
use. It will be considered an accessory use and is intended to provide
on-site power for a principal use.
Wind Turbine: The individual component of a Wind Energy Conversion
System that converts kinetic-energy from the wind into electrical
energy, independent of the electrical conductors, electrical storage
system, electrical metering, or electrical inverters.
Wind Turbine, Electrical: An individual component of a Wind Energy
Conversion System which converts kinetic wind energy to electrical
energy through electric currents.
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Village of Buena Vista zuning Bylaw — Bylaw No. 7-16
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 fac
Y
Yard: Open, uncovered space open to the sky on the same site with a
building or structure.
Yard, Front: The area between the side site lines and the front site line
to the front building line.
Yard, Rear: The area between the side site lines and the front site line to
the rear building line (corner and interior).
Yard, Required: The minimum yard required by a provision of this Bylaw
and within which, unless specifically permitted, no building or structure,
or part of a building or structure shall be erected.
Yard, Side: The area between the front and rear yards and between the
side site line and the side building line (See Location and measurement
of setbacks drawing).
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Village of Buena Vista Zoning Bylaw — Bylaw No. 7-16
3. ADMINISTRATION AND INTERPRETATION
3.1 DEVELOPMENT OFFICER 3
.1 The Administrator of the Village of Buena Vista shall be the
Development Officer responsible for the administration of this
Bylaw and in their absence by such other employee of the
icipali il desi time to time.
Municipality as the Council designates from time to time 3.3 APPLICATION FOR A DEVELOPMENT PERMIT
.2 The Development Officer shall: .1 Unless the proposed development or use is exempt from
a. Receive, record, and review development permit applications development permit requirements, before commencing any
and issue decisions in consultation with Council, particularly principal or accessory use development, including a public utility
those decisions involving, discretionary uses, development use, every developer sha
permit conditions, and development and servicing agreements; a. Complete and submit a development permit application; and,
b. Maintain, for inspection by the public during office hours, a b. Receive a development permit for the proposed development.
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; .3 Except where a particular development is specifically exempted by
d. Collect development fees, according to the fee schedule Section 3.4 of this Bylaw, no development or use shall commence
established in this Bylaw or any other Development Fee Bylaw without a development permit first being obtained.
adopted by the Village; and,
Perform other duties as determined by Council. 3.4 DEVELOPMENT NOT REQUIRING A PERMIT
.3 The Development Officer shall be empowered to make a deci +1 RESIDENTIAL ZONING DISTRICT
regarding a development permit application for a Permitted Use.. a. Buildings and structures under 9.3 m? (100 ft?) in area, which
are accessory to a principal, residential use except where such
3.2 COUNCIL dwelling is a discretionary use;
The television antennae or radio antennae; and/or,
Relocation of any residential or accessory building provided
development standards are still met on the site.
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
Village of Buena Vista Official Community Plan.
.2. Adevelopment permit shall not be issued for any use in
contravention of any of the provisions of this Bylaw and the Village
of Buena Vista Official Community Plan.
e.
.1 Council shall make all decisions regarding discretionary uses, b.
development and servicing agreements, and Zoning Bylaw c.
amendments.
2. Council shall make a recommendation regarding all subdivision -2 COMMERCIAL ZONING DISTRICTS
applications circulated to it by Saskatchewan Ministry of a. Buildings and structures 9.3 m? (100 ft?) that are accessory to a
Government Relations, prior to a decision being made by the permitted, principal, commercial use, except where such use is
Minister. discretionary; and/or,
Page
Village of Buena Vista cuning Bylaw — Bylaw No. 7-16
b. Atemporary building, the sole purpose of which is incidental to
the erection or alteration of a building for which a building
permit has been granted.
-3 OFFICIAL USES
Uses and buildings undertaken, erected, or operated by the V’ age.
-4 INTERNAL ALTERATIONS
a. Residential Buildings
Internal alterations to a residential building, provided that such
alterations do not result in a change of use or an increase in the
number of dwelling units within the building or on site; and,
b. All Other Buildings
Internal alterations and maintenance to other buildings,
including mechanical or electrical work, provided that the use,
or intensity of use of the building, does not change.
-5 LANDSCAPING
Landscaped areas, driveways and parking lots, provided the natural
or designed drainage pattern of the site and adjacent sites are not
adversely impacted.
3.5 INTERPRETATION
-1 Where any provision of this Bylaw appears unclear, Council shall
make the final Bylaw interpretation.
-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 COMPREHENSIVE DEVELOPMENT REVIEWS
-1 A Comprehensive Development Review may be completed prior to
consideration of an application by Council by any person proposing
parcel (greater than 4) residential, recreational,
commercial, or industrial purposes. The purpose of this review is to
identify and address social, environmental, health, and economic
to rezone for mul
issues and to encourage the development of high quality residential,
recreational, commercial, and industrial developments. The scope
and required detail of the Comprehensive Development Review will
be based on the scale and location of the proposed development,
and address such areas as the following:
a. Proposed land use(s) for various parts of the area;
b. The effect on adjacent land uses and integration of the natural
landscape regarding the planning and design of the area;
c. The location of, and access to, major transportation routes and
y corridors;
d. The provision of services respecting the planning for future
infrastructure within the Municipality;
e. Sustainable development and environmental management
practices regarding surface and groundwater resources, storm
water management, flooding and protection of significant
natural areas; and,
f. Appropriate information specific to the particular land use
(residential, commercial or industrial).
-2_ The Comprehensive Development Review must be prepared in
accordance with the overall goals and objectives of the Village of
Buena Vista Official Community Plan. Council shall not consider any
development application until all required information has been
received. The responsibility for undertaking all technical
investigations and hosting public meetings as required shall be
borne solely by the applicant.
3.7 DEVELOPMENT PERMIT PROCEDURE
-1 Where an application for a development permit is made for a
permitted use in conformity with this Bylaw, The Planning and
Development Act, 2007, and all other Village Bylaws, the Council
shall hereby direct the Development Officer to issue a development
permit.
-2_ As soon as an application has been made for a development permit
and prior to making a decision, the Development Officer may refer
the application to whichever government agencies or interested
groups Council may consider appropriate. The Development Officer
Page 22
Village of Buena Vista Zoning Bylaw — Bylaw No. 7-16
6
may also require the application to be reviewed by planning,
engineering, legal, or other professionals, with the cost of this
review to be borne by the applicant.
A copy of all approved development permit applications, involving
the installation of water and sanitary services, shall be sent to the
Regina Qu’Appelle Health Region.
Upon approval of a permitted or accessory use, the Development
Officer shall issue a development permit for the use at the location
and under such terms and development standards specified by the
Official Community Plan and this Bylaw.
The applicant shall be notified in writing of the decision of their
application. The applicant shall be advised of their right to appeal a
decision to the Development Appeals Board on a permitted or
accessory use application and any terms and conditions attached to
an application.
A building permit, where required, shall not be issued unless a
development permit has been issued, or is issued concurrently.
3.8 DISCRETIONARY USE PERMIT PROCEDURE
wok
The following procedures shall apply to discretionary use
applications:
a. Applicants must file with the Development Officer the
prescribed application form, a site plan, any other plans and
supplementary information as required by the Development
Officer and pay the required application and public hearing fees;
b. The application will be examined by the Development Officer
for conformance with the Plan, this Bylaw, and any other
applicable policies and regulations and shall advise the Council
as soon as practical;
c. Council may refer the application to whichever government
agencies or interested groups, as Council may consider
appropriate. Council also may require the application to be
reviewed by planning, engineering, legal, or other professionals,
with the cost of this review to be borne by the applicant;
d.
The Development Officer will give notice by regular mail that
the application has been filed to all the residents within 75
meters (246 ft.) from the property line in which the subject site
is located and provide notification of an upcoming public
hearing and an opportunity for them to provide written
comment on the proposal;
The Development Officer will prepare a report concerning the
application which may contain recommendations, including
recommendations that conditions of approval be applied in
accordance with Section 54 of The Planning and Development
Act, 2007;
The Development Officer will set a date for the public hearing at
which time the application will be considered by Council and if
deemed necessary, provide notice to assessed owners of
property indicating so within the information packages provided
as part of the notification process;
Council shall consider the application together with the reports
of the Development Officer and any written or verbal
submissions received by Council;
Council may reject the application or approve the application
with or without conditions, including a condition limiting the
length of time that the use may be conducted on the site; and,
The applicant shall be notified of Council’s decision by regular
mail addressed to the applicant at the address shown on the
application form.
Discretionary uses, discretionary forms of development, and
associated accessory uses shall conform to the development
standards and applicable provisions of the Zoning District in which
they are located.
In approving a discretionary use application, Council may prescribe
specific development standards with respect to that use or form of
development, provided those standards are necessary to secure the
following objectives:
a.
The proposal, including the nature of the proposed site, the size,
shape and arrangement of buildings, and the placement and
Page
Village of Buena Vista zuning Bylaw — Bylaw No. 7-16
arrangement of lighting and signs, must be generally compatible
with the height, scale, setbacks, and design of buildings in the
surrounding area, and with land uses in the general area,
including safeguards to prevent noise, glare, dust, or odour from
affecting nearby properties;
b. The proposal must provide adequate access and circulation for
the vehicle traffic generated, as well as providing an adequate
supply of on-site parking and loading spaces; and,
c. The proposal must provide sufficient landscaping and screening,
and, wherever possible, shall preserve existing vegetation.
-4 Council may approve a discretionary use application for a limited
time period where it is considered important to monitor and re-
evaluate the proposal and its conformance with the provisions of
this Bylaw.
-5 Upon approval of a discretionary use by resolution of Council, the
Development Officer shall issue a development permit for the
discretionary use at the location and under such terms and
development standards specified by Council in its resolution.
-6 Council’s approval of a discretionary use application is valid for a
period of 12 months from the date of the approval. If the proposed
use or proposed form of development has not commenced within
that time, the approval shall no longer be valid. The Development
Officer shall advise the applicant and Council when a prior approval
is no longer va
-7 The applicant shall be notified in writing of the decision of their
application. The applicant shall be advised of their right to appeal
any terms and conditions attached to a discretionary use application
to the Development Appeals Board.
3.9 GENERAL DISCRETIONARY USE EVALUATION CRITERIA
Council will apply the following general criteria, and where applicable,
the specific criteria found in the respective Zoning District, in the
assessment of the suitability of an application for a discretionary use or
discretionary form of development.
wl
The proposal must be in conformance with all relevant sections of
the Official Community Plan and must demonstrate that it w’
maintain the character, density, and purpose of the Zoning District,
where necessary through the provision of buffer areas, separation,
and screening.
The proposal must be capable of being economically serviced by
community infrastructure including roadways, water and sewer
services, solid waste disposal, parks, schools, and other u
community facilities.
ities, and
The proposal must demonstrate that it is not detrimental to the
health, safety, convenience, or general welfare of persons residing
or working in the vicinity or injurious to property, improvements, or
potential development in the vicinity.
The proposal must provide sufficient landscaping and screening,
and, wherever possible, shall preserve existing vegetation.
The proposal must demonstrate that any additional traffic
generated by the use, can be adequately provided for in the existing
parking and access arrangements. Where this is not possible,
further appropriate provisions shall be made so as to ensure no
adverse parking or access effects occur.
Consideration will be given to the presence of activities already
located in the area and on the site, and their effect on the
surrounding residential environment, such as the cumulative effect
of locating an activity on a site adjacent to or already
accommodating an activity that may currently generate traffic,
noise, etc. not in keeping with the character of the adjacent area.
Consideration will be given to addressing pedestrian safety and
convenience both within the site, and in terms of the relationship to
the road network in and around the adjoining area.
All operations shall comply with all regulations of Saskatchewan
Environment and Saskatchewan Labour which govern their
operation and development.
Page 24
illage of Buena Vista Zoning Bylaw — Bylaw No. 7-16
.9 Proposals for discretionary uses which may result in heavy truck
traffic, particularly in commercial and industrial districts, should be
located to ensure that such traffic takes access to or from major
streets or designated truck routes.
3.10 DEVELOPMENT PERMIT APPLICATION FEES
-1 An applicant seeking the approval of a development permit
application shall pay the following fee: $100.00 or shall pay the
required fee as set out in a separate Development Fee Bylaw of the
Municipality.
.2 There shall be no development permit application fee for accessory
buildings to a residential use, sign permits, licenses for home
occupations, or other forms of business licenses.
.3 Anapplicant seeking a discretionary use approval shall pay the
required non-refundable fee: $200.00 or shall pay the required fee
as set out in a separate Development Fee Bylaw of the Village.
3.11 FEE FOR ZONING AMENDMENT APPLICATION
When an application is made to Council for an amendment to this
Bylaw, the applicant making the request shall bear the actual cost of
advertising such zoning amendment as permitted by The Planning and
Development Act, 2007. Council also may require the applicant to pay all
costs incurred in a professional review of the application and in carrying
out a public hearing.
3.12 CONCURRENT PROCESSING OF DEVELOPMENT PERMITS,
BUILDING PERMITS, AND BUSINESS LICENSES
A building permit, where required, shall not be issued unless a
development permit has been issued, or is issued concurrently. Nothing
in this Bylaw shall exempt any person from complying with a Building
Bylaw, or any other Bylaw in force within the Municipality, or from
obtaining any permission required by this, or any other Bylaw of the
Municipality, the Province, or the Federal Government.
3.13 REFERRAL UNDER THE PUBLIC HEALTH ACT
The Development Officer shall make available, in addition to plumbing
permits and plan information, a copy of all approved development
permit applications involving installation of water and sanitary services,
should such information be requested by provincial officials under The
Public Health Act and Regulations. The developer shall, at their own
expense, provide suitable water supply and sewage disposal facilities for
that development acceptable to Council that meets The Public Health
Act and Regulations requirements.
3.14 DEVELOPMENT APPEALS BOARD
+1 Council shall appoint a Development Appeals Board consisting of
three members, to hear and determine appeals in accordance with
Section 213 to 227 inclusive, of The Planning and Development Act,
2007.
.2 RIGHT OF APPEAL
a. In addition to any other right of appeal provided by The
Planning and Development Act, 2007, and any other Act, a
person affected may appeal to the Board if there is:
i. Alleged misapplication of the Zoning Bylaw in the issuance
of a development permit;
A refusal to issue a development permit because it would
contravene the Zoning Bylaw; or,
An issuance of a written order from the Development
Officer.
b. There is no appeal pursuant to 3.14.2.a.ii if a development
permit was refused on the basis that the use in the Zoning
District for which the development permit was sought:
i. Is not a permitted use or a permitted intensity of use;
ii. Is a discretionary use or discretionary use of intensity that
has not been approved by resolution by Council; or,
iii. Is a prohibited use.
c. Appellants may appeal where they are of the opinion that
development standards prescribed by Council with respect to a
Page
Village of Buena Vista zuning Bylaw — Bylaw No. 7-16
discretionary use exceed those necessary to secure the
objectives of the Zoning Bylaw;
d. An appellant shall make the appeal pursuant to 3.14.2.a within
thirty (30) days after the date of the decision; and,
e. The Development Officer shall make available to all interested
persons copies of the provisions of The Planning and
Development Act, 2007, respecting decisions of the
Development Officer and right of appeal.
3.15 MINOR VARIANCE
A
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
and,
ii. The minimum required distance of a building from any
other building on the lot.
b. The maximum amount of a minor variance shall be 10%
variation from the requirements of this Bylaw;
c. The development must conform to all other requirements of
this Bylaw;
d. The relaxation of the Bylaw requirement must not injuriously
affect a neighbouring property; and,
e. No minor variance shall be granted for a discretionary use or
form of development, or in connection with an agreement to
rezone pursuant to Section 60 of The Planning and Development
Act, 2007.
An application form for a minor variance shall be in a form
prescribed by the Development Officer and shall be accompanied by
an application fee of $100.00.
Upon receipt of a minor variance application the Development
Officer may:
a. Approve the minor variance;
b. Approve the minor variance and impose terms and conditions
on the approval; or,
c. Deny the minor variance.
Terms and conditions imposed by the Development Officer shall be
consistent with the general development standards in this Bylaw.
Where a minor variance is refused, the Development Officer shall
notify the applicant in writing, providing reasons for the refusal.
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.
A decision to approve a minor variance, with or without terms and
conditions, does not take effect:
a. In the case of a notice sent by regular mail, until twenty three
(23) days from the date the notice was mailed; or,
b. In the case of a notice that is delivered by personal service, until
twenty (20) days from the date the notice was served.
If an assessed owner of a property having an adjoining property
with the applicants land objects to the minor variance in writing to
the Development Officer within the prescribed time period, the
approval is deemed to be revoked and the Development Officer
shall notify the applicant in writing:
a. Of the revocation of the approval; and,
b. Of the applicant’s right to appeal the revocation to the
Development Appeals Board within thirty (30) days of receiving
the notice.
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 thirty (30) days of the date of that decision.
-10 The Development Officer shall maintain a record of all minor
variance applications.
Page 26
Village of Buena Vista Zoning Bylaw — Bylaw No. 7-16
3.16 NON-CONFORMING BUILDINGS, USES, AND SITES
1
Any use of land or any building or structure lawfully existing at the
time of passing this Bylaw that is rendered non-conforming by the
enactment of this Bylaw or any subsequent amendments, may be
continued, transferred, or sold in accordance with provisions of
Section 88 to 93 inclusive, of The Planning and Development Act,
2007.
No enlargement, additions, or reconstruction of a non-conforming
use, building, or structure shall be undertaken, except in
conformance with these provisions.
b. If the development is legally suspended, or discontinued, for a
period of six (6) or more months, unless otherwise indicated by
Council or the Development Officer.
3.18 CANCELLATION
Council or the Development Officer may cancel a development permit,
and when cancelled, development shall cease:
a. Where the Development Officer or Council is satisfied that a
development permit was issued based on false or mistaken
information;
b. Where new information is identified pertaining to
environmental protection, flood potential, or slope instability;
and/or,
c. When a developer requests a development permit modification.
-3 No existing use, building, or structure shall be deemed to be non-
conforming by reason only of the conversion of this Bylaw from the
Metric System of Measurement to the Imperial System of
Measurement where such non-conformity is resultant solely from
such change and is reasonably equivalent to the metric standard
herein established.
3.19 STOP-WoORK
The Development Officer may authorize action to stop any development
which does not conform to this Bylaw, a development or servicing
agreement, a development permit or condition, or an Interest
Registered with ISC under this Bylaw.
.4 Where a building has been erected on or before the effective date
of this Bylaw on a site having less than the minimum dimensions or
area, or having less than the minimum yards required by this Bylaw,
the use may be continued and the building may be enlarged,
reconstructed, repaired, or renovated pursuant to the rights
granted by Section 91 to 93 of The Planning and Development Act,
2007. These rights are subject to the following:
a. The enlargement, reconstruction, repair, or renovation does not
further reduce the required yards that do not conform to this 3.21 REGISTERING INTERESTS
Bylaw; . j
b. All other applicable provisions of this Bylaw are satisfied; and, 1 a per Section 175 of The Planning and Development Act, 2007, the
c. Issuance of a development permit required by this Bylaw. unicipality may register an interest based ona development levy
agreement or servicing agreement in the land registry against the
affected title.
3.20 BYLAW COMPLIANCE
Errors and/or omissions by any person administering or required to
comply with the provisions of this Bylaw do not relieve any person from
liability for failure to comply with the provisions of this Bylaw.
3.17 DEVELOPMENT PERMIT - INVALID
A development permit shall be automatically invalid and development 2
shall cease, as the case may be:
a. If the development is not commenced within the period for
which the permit is valid; or, a.
On registration of an interest based on a development levy
agreement or servicing agreement, the rights and privileges in the
development levy agreement:
Enure to the benefit of the Municipality; and,
Page
Village of Buena Vista zoning Bylaw — Bylaw No. 7-16 ,
b. Run with the land and are binding on the registered owner of
the land the registered owner’s heirs, executors, administrators,
successor, and assigns.
3.22 MOVING BUILDINGS
No building shall be moved within or into or out of the area covered by
this Bylaw without obtaining a development permit from the
Development Officer, unless such building is exempt under Section 3.4
of this Bylaw.
3.23 TEMPORARY DEVELOPMENT AGREEMENTS
-1 The Development Officer may issue a temporary development
permit, with specified conditions for a specified period of time, to
accommodate developments incidental to approved construction,
temporary accommodation, oil and gas sector activities, temporary
gravel operations, or asphalt plants.
-2_ Nothing in this Bylaw shall prevent the use of land, or the erection
or use of any building or structure for a construction camp, work
camp, tool shed, scaffold, or other building or structure incidental to
and necessary for construction work on the premises, but only for
so long as such use, building, or structure is necessary for such
construction work as has not been finished or abandoned.
3.24 DEVELOPMENT LEVY AGREEMENTS
-1 Council may pass a development levy bylaw pursuant to Section 169
to 170 of the Act to establish development levies to recover the
capital costs of services and facilities.
-2 As per Section 171 of The Planning and Development Act, 2007, if
the Council deems it is necessary to do so, the Council or
Development Officer may require the development permit applicant
to enter into a development levy agreement with the Municipality
respecting the payment of the development levies.
3.25 SERVICING AGREEMENTS
-1 Where a development proposal involves subdi
ion, Council may
require a developer to enter into a servicing agreement to ensure
appropriate servicing pursuant to the Act.
In accordance with Sections 172 to 176 inclusive of The Planning
and Development Act, 2007, the agreement may provide for:
a. The undertaking and installation of storm sewers, sanitary
sewers, drains, water mains and laterals, hydrants, sidewalks,
boulevards, curbs, gutters, street lights, graded, graveled or
paved streets and lanes, connections to existing services, area
grading and leveling of land, street name plates, connecting and
boundary streets, landscaping of parks and boulevards, public
recreation facilities, or other works that Council may require,
including both on-site and off-site servicing; and,
b. The payment of fees that the Council may establish as payment
in whole or in part, for the capital cost of providing, altering,
expanding or upgrading sewage, water, drainage and other
utility services, public highway facilities or park and recreation
space and facilities located within or outside the proposed
subdivision and that directly or indirectly serve the proposed
Page 28
Village of Buena Vista Zoning Bylaw — Bylaw No. 7-16
4, GENERAL REGULATIONS
The following regulations shall apply to all Zoning Districts in the Bylaw.
4.1 LICENSES, PERMITS, AND COMPLIANCE WITH OTHER
BYLAWS AND LEGISLATION
.1 In their interpretation and application, the provisions of this Bylaw
shall be held to be the minimum requirements adopted for the
promotion of the public health, safety, and general welfare.
.2 Nothing in this Bylaw shall exempt any person from complying with
the requirements of a building regulation Bylaw or any other Bylaw
in force within the Village or law within Saskatchewan or Canada; or
from obtaining any license, permission, permit, authority, or
approval required by this or any other Bylaw of the Village or any
law of Saskatchewan or Canada.
.3 Where requirements in this Bylaw conflict with those of any other
municipal, provincial, or federal requirements, the provincial or
federal requirements shall prevail.
4.2, PRINCIPAL USE ESTABLISHED
In any Zoning District in this Bylaw, the principal use of the land must be
established prior to any accessory buildings, structures, or uses being
permitted.
4.3 MULTIPLE USES
Notwithstanding anything contained in this Bylaw, where any land,
building, or structure is used for more than one (1) purpose, all
provisions of this Bylaw relating to each use shall be complied with, but
no dwelling shall be located within 3.0 meters (9.8 ft.) of any other
building on the site except to a building accessory to such dwelling.
4.4 USES PERMITTED IN ALL ZONING DISTRICTS
.1 Nothing in this Bylaw shall prevent the use of any land as a public
street or public park.
Nothing in this Bylaw shall prevent the erection of any properly
authorized traffic sign or signal, or any sign of notice of any local or
other government department or authority.
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.
NUMBER OF PRINCIPAL BUILDINGS ON A SITE
Only one (1) principal building shall be permitted on any one (1) site
except for the following: parks, schools, hospitals, healthcare clinics,
recreation facilities, special care homes, senior citizen homes, and
approved dwelling groups, shopping centres, mobile homes in
mobile home courts, and condominium developments.
Multiple unit residential buildings (e.g. duplex, fourplex) are
considered to be one (1) principal building under this Bylaw, and all
other uses and buildings on the site must be accessory.
4.6 ACCESSORY BUILDINGS, USES, AND STRUCTURES
a
Subject to all other requirements of this Bylaw, an accessory
building, use, or structure is a permitted in any district when
accessory to an established principal use which is a permitted or
discretionary use in that same district, and for which a development
permit has been issued.
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.
Where a building on a site is attached to a principal building by a
solid roof or by structural rafters, and where the solid roof or rafters
extend at least one third of the length of the building wall that is
common with the principal building, the building is deemed to be
part of the principal building.
Pap:
Village of Buena Vista zoning Bylaw — Bylaw No. 7-16
4.7 FRONT YARD REDUCTION
Notwithstanding the minimum depth of front yard required by this
Bylaw, where a site is situated between two sites each of which contains
a principal building which projects beyond the standard required front
yard depth, the front yard required on said site may be reduced to an
average of the two established front yards on the adjacent sites; but not
be less than 4.5 meters (14.8 ft.) in a residential district unless
otherwise permitted in this Bylaw.
4.8 | FRONTAGE FOR IRREGULAR LOTS
Where the site frontage is along a cul-de-sac, curve or is irregular, the
minimum site frontage shall be 11.0 meters (36 ft.) and the mean site
width shall not be less than the minimum frontage for regular sites in
the same Zoning District.
4.9 PERMITTED YARD ENCROACHMENTS
-1_ Where minimum front, side, or rear yards are required in any
Zoning District, the following yard encroachments shall be
permitted:
a. Uncovered and open balconies, terraces, verandas, decks, and
patios may have a maximum projection from the main wall of
1.8 meters (5.9 ft.) into any required front or rear yard; and
b. Window sills, roof overhangs, eaves, gutters, bay windows,
chimneys, and similar alterations may project a distance of 0.6
meters (2 ft.) into any required yard.
4.10 SITE GRADING, LEVELING, AND DRAINAGE
-1 Every development shall be graded and leveled at the owner's
expense to provide for adequate surface drainage that does not
adversely affect adjacent property, or the stability of the land:
a. All excavations or filling shall be re-vegetated immediately after
other construction activities conclude, with a suitable ground
cover as may be necessary to prevent erosion;
b. All vegetation and debris in an area to be re-graded or
must be removed from the site prior to site grading and
leveling;
c. All topsoil from an area that is to be re-graded must be stripped
stockpiled, and replaced on the re-graded area, or re-located to
a site approved by Council; and,
d. All drainage shall be directed towards natural water runs and
shall not affect neighbouring properties.
,
4.11 HEIGHT OF BUILDINGS
Where a maximum height of buildings is specified in any Zoning District,
the maximum height shall be measured from average grade level to the
highest point on the building exclusive of any chimney or antenna.
4.12 HERITAGE PROPERTIES
Provincial and Municipal heritage properties subject to preservation
agreements are subject to development review processes as defined by
The Heritage Property Act. Provincial designations are afforded special
protection, and any alterations and development must be reviewed and
approved by the Heritage Committees of the Province of Saskatchewan.
4.13 SIGNAGE OF NATURAL AND HUMAN HERITAGE SITES
Small plaques, markers, and interpretation signs will be encouraged on
properties that have significant natural or human heritage resources,
with the approval of the owner, and where the signage is appropriate in
scale, design, and placement with the site and surrounding area, and
does not cause safety concerns or negatively impact the heritage value
of the site.
4.14 SIGNAGE (TAKEN FROM EXISTING)
-1_ Temporary signs not exceeding 1.0 m? (10.7 ft?) advertising the sale
or lease of the property or other information relating to a
temporary con n affecting the property are permitted.
Page 30
Village of Buena Vista Zoning Bylaw — Bylaw No. 7-16
.2. Signage for subdivisions advertising the sale of a large number of
lots, size, location, and duration of the sign shall be approved by
Council.
.3. Signage for special events including size, location, and duration of
signs shall be approved by Council.
4.15 BUFFER STRIPS
Buffer strips are intended to improve land use compatibility and
environmental quality by reducing noise, lighting glare and other
nuisances, or facilitating natural drainage. Landscape buffers may be
required to separate uses from adjacent properties, in which the
approving authority will determine the size and width of the buffer.
4.16 CLOSINGS
In the event a dedicated street or lane shown on the Zoning District
Map forming part of this Bylaw is closed, the property formerly in such
street or lane shall be included within the Zoning District of the
adjoining property on either side of such closed street or lane. If a
closed street or lane is the boundary between two (2) or more different
Zoning Districts, the new district boundaries shall be the former centre
line of the closed street or lane.
4.17 SATELLITE DISHES
1. Satellite dishes in excess of 1.0 meter (3.3 ft.) in diameter shall not
be located in any front or 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.
.2. Satellite dishes located in residential districts, which exceed 1.0
meter (3.3 ft.) in diameter shall only be erected on the roof of an
accessory building if said accessory building is located entirely
within a rear yard.
.3 Satellite dishes may be erected in commercial or industrial districts
for communications purposes or re-broadcasting of television
signals and subsection 4.17.1 shall not apply.
4.18 PRIVATE GARAGES, CARPORTS, SUNROOMS, SOLARIUMS,
AND GREENHOUSES
Private garages, carports, sunrooms, solariums, and greenhouses
attached to main buildings by a substantial roof structure shall be
considered as part of the main building and shall be subject to the
regulations for the main building.
4.19 TRAILERS, BOX CARS, SEA AND RAIL CONTAINERS
No person shall park or store on any part of a site, any unlicensed rail or
sea container, truck, bus or coach body for the purpose of advertising or
warehousing within any Zoning District.
4.20 SWIMMING POOLS
.1 Notwithstanding anything contained in this Bylaw, a swimming pool
is permitted as an accessory use to permitted uses in any residential
district or a motel (motor hotel) in a commercial district, to be
located in the side or rear yard of any lot/site if:
a. No part of such pool is located closer to any lot or street line
than the minimum distance required for the principal building
located on such lot;
b. The maximum height of such pool is 1.2 meters (3.9 ft.) above
the average finished grade level of the ground adjoining the
pool and within 4.5 meters (15 ft.) of such pool;
c. Every swimming pool shall be enclosed by a non-climbable
fence of at least 1.8 meters (6 ft.) in height and not more than
10 cm from the ground, and located at a distance of not less
than 1.5 meters (4.9 ft.) from the pool; and,
d. Any deck attached to or abutting a swimming pool shall be
considered as part of the swimming pool.
.2 Any building or structure, other than a dwelling, required for
changing clothing or for pumping or filtering facilities, or other
similar accessory uses, complies with the provisions in the
applicable Zoning Districts in Sections 7-16 of this Bylaw, respecting
accessory buildings.
Page
)
Village of Buena Vista zoning Bylaw — Bylaw No. 7-16 )
4.21 DISPOSAL OF WASTES
1
Subject to all Acts and Regulations pertaining in any way to the
storage, handling, and disposal of any waste material or used item,
and except as permitted by these Acts and Regulations, no liquid,
solid, or gaseous wastes shall be allowed to be discharged into any
stream, creek, river, lake, pond, slough, intermittent drainage
channel or other body of water, onto or beneath the surface of any
land, or into the air.
No development or use of land which requires solid or liquid waste
disposal facilities shall be permitted unless those facilities are
approved by Saskatchewan Health and the Saskatchewan Water
Security Agency. Disposal of liquid, solid, or gaseous waste shall be
governed by Acts administered by Saskatchewan Agriculture,
Saskatchewan Environment, Saskatchewan Health and the
Saskatchewan Water Security Agency.
4.22 FENCE AND HEDGE HEIGHTS
A
2
Subject to traffic sights lines, the following height limitations shall
apply to fences, walls, chain-link fences, and hedges:
a. No hedge, fence, or other structure shall be erected past any
property line;
b. Ina required front yard, to a height no greater than 1.0 meter
(3.3 ft.) above grade level;
c. Ina required rear yard, to a height no greater than 2.0 meters
(6.6 ft.) above grade level; and,
d. In the case of a corner lot, no wall, fence, hedge, shrub, or other
structure shall exceed 0.75 meters (2.46 ft.) in height in an
intersection sight triangle.
Fencing material within residential zoning districts will be one of the
following: wood; vinyl; chain link; brick stone; or wrought iron.
-3 Screening shall be provided in any new development where a lot
used for commercial or industrial purposes abuts a residential
district without an intervening street or lane. Such screening shall
consist of a solid fence, hedge, or wall over 1.5 meters (5 ft.) in
height in a side or rear yard and over 0.75 meters (2.5 ft.) ina front
yard.
4 The use of electrified fencing material is prohibited within the
Village limits.
4.23 SOLID AND WASTE DISPOSAL FACILITIES
Municipal and commercial solid or liquid waste disposal facilities are
a. The facility will be located as near as practical to the source of
waste;
by Provincial Authorities for environmental assessment and
Operational design;
ies will be located at least 457 meters (1,500 ft.) for
liquid and solid waste from any residence or recreational use;
d. The development of any new disposal sites shall take into
consideration seasonal winds;
e. Adequate precautions shall be taken to prevent pollution of
ground water by disposal operations;
f. Solid waste disposal facilities shall be located in proximity to an
all-weather road; and,
g. Council may apply special standards for screening, fencing, and
reclamation of the site.
Page 32
5. DISCRETIONARY USE STANDARDS FOR DEVELOPMENT
5.1 TERMS AND CONDITIONS FOR DISCRETIONARY
APPROVALS
This section addresses special provisions and specific development
standards that apply to the following developments. These standards
apply in addition to any standards of the District. In approving any
discretionary use to minimize land use conflict, Council may prescribe
specific development standards or criteria related to:
e Site drainage of storm water;
© The location of buildings with respect to buildings on adjacent
properties;
e Access to, number, and location of parking and loading facilities;
e Appropriate space for vehicle movement in order to reduce
disruption of traffic flows on adjacent roadways;
e Control of noise, glare, dust, and odour;
e Landscaping, screening, and fencing to buffer adjacent
properties;
e The size, shape, and arrangement of buildings, and the
arrangement of buildings, and the placement and arrangement
of lighting and signs;
e Prescribed specified time limits for a use that is intended to be
temporary or to allow Council to monitor the impact of a use on
surrounding development; and,
e Intensity of use.
5.2 HOME OCCUPATIONS
Home occupations (home-based businesses) are subject to the following
conditions:
e 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.
Village of Buena Vista Zoning Bylaw — Bylaw No. 7-16
One home occupation shall be allowed per dwelling unit. Home
occupations shall be conducted entirely within the dwelling or
accessory building.
One advertising display shall be allowed on the site or premise from
which the home occupation is conducted. No LED or neon signs shall
be allowed.
There shall be no exterior display or storage of any merchandise or
material relating to the home occupation.
No equipment or process used in the home occupation shall create
dust, noise, vibration, glare, fumes, odour, or air pollution that is
detectable at or beyond the property line of the lot where the home
occupation or business is located.
Up to two (2) persons other than a resident of the dwelling unit may
be engaged in any home occupation as an employee or a volunteer.
The home occupation shall not cause or add to on-street parking
congestion or cause an increase in traffic through residential zones.
o Nomore than one business vehicle, for which off-street parking
is provided, shall be operated in connection with the home
occupation; and,
o. Parking of vehicles of employees hired for off-site jobs shall not
be allowed at or in the vicinity of the dwelling unit.
All business permits issued for home occupations shall expire on
December 31 of the year issued. Home occupations are subject to
the condition that the permit may be revoked at any time if, in the
opinion of Council, the use is or has become detrimental to the
amenities of adjoining properties and the neighbourhood.
Village of Buena Vista zoning Bylaw — Bylaw No. 7-16 7
5.3
SECONDARY SUITES
Secondary suites are subject to the following conditions:
Secondary suites may be constructed within a principal, single
detached dwelling in a residential zone. Only one (1) secondary
suite is permitted on each residential site.
Secondary suites must be located within the principal dwelling and
must have a separate entrance from the principal dwe ng either
from a common indoor landing or directly from the exterior of the
building. Secondary suites must contain cooking, eating, living,
sleeping, and sanitary facilities.
Secondary suites may not exceed 80 m? (861 ft?) or 50% of the total
floor space, including basements, and may not have more than two
(2) bedrooms.
5.4 MODULAR HOMES
Modular homes are subject to the following conditions:
5.5
Bed
All modular homes shall be placed on a permanent concrete
foundation at a standard comparable to a single detached dwelling.
o All modular homes shall be multi-modular, with the width
approximately equivalent to the length; and,
o All modular homes shall complement adjacent and nearby
dwellings.
Modular homes shall be permanently connected to water and
sewer services provided by the Municipality and permanently
connected as available to other public utilities.
All other requirements of this Bylaw apply.
BED AND BREAKFAST HOMES
and breakfast homes are subject to the following conditions:
Bed and breakfast homes shall be located in a single detached
dwelling used as the operator's principal residence.
No more than three (3) guest rooms shall be allowed in a bed and
breakfast home.
Only one sign, not exceeding 1.0 m? (10.76 ft?) advertising the
vacation farm or bed and breakfast home and located on site, is
permitted.
The only meal to be provided to registered guests shall be breakfast.
No food preparation or cooking for guests shall be conducted within
health regulations and be kept in a manner satisfactory to the
Regional Health Authority.
The operation of the bed and breakfast home shall be subordinate
and incidental to the principal use of a single detached dwelling as
an owner occupied residence.
No one other than the occupant and his/her immediate family
members may be involved or employed in the operation of the bed
and breakfast home.
5.6 DAY CARE CENTRES AND PRE-SCHOOLS
Day-care centres and pre-schools are subject to the following
conditions:
5.7
Day care centres and pre-schools may be approved as an accessory
use or as a principal use.
In any residential district, no exterior alterations shall be
undertaken to a dwelling or former dwelling which would be
inconsistent with the residential character of the building or
property.
Required parking spaces may be located in a required front yard.
ADULT Day CARES
Adult day care facilities may be approved as an accessory use or as a
principal use.
Page 34
Village of Buena Vista Zoning Bylaw — Bylaw No. 7-16
In any residential district, no exterior alterations shall be
undertaken to a dwelling or former dwelling which would be
inconsistent with the residential character of the building or
property.
Required parking spaces shall not be located in a required front
yard.
5.8 RESIDENTIAL CARE HOMES
Residential care homes are subject to the following conditions:
Residential care homes may be approved as an accessory use or as a
principal use.
In any residential district, no exterior alterations shall be
undertaken to a dwelling or former dwelling which would be
inconsistent with the residential character of the building or
property.
Required parking spaces may be located in a required front yard.
No building or structure used for the purpose of a residential care
home shall be used for the purpose of keeping boarders or lodgers.
5.9 CAMPGROUNDS
Campgrounds are subject to the following conditions:
The operator of a campground shall provide the Development
Officer with a plan of the campground, identifying any buildings,
uses of land, and the location of all roadways and trailer coach or
tent campsites with dimensions. The addition or rearrangement of
campsites, the construction or moving of buildings, and material
change in use of portions of land, or the filling or clearing of land
shall require a development permit, and the operator shall submit
for approval an amended plan incorporating the development.
A campground shall have within its boundaries, a buffer area
abutting the boundary of not less than 4.5 meters (15 ft.) which
shall contain no buildings.
The operator of a campground shall designate a campsite for each
trailer coach or tent party, which shall be less than 150 m? (1615 ft?)
in area with its corners clearly marked.
One permanent sign located on site advertising the campground is
permitted per site:
o. The facial area of a sign shall not exceed 0.5 m? (5.3 ft?);
o Nosign shall be located in any manner that may obstruct or
jeopardize the safety of the public; and,
o Temporary signs not exceeding 1.0 m? (10.7 ft?) advertising the
sale or lease of the property or other information relating to a
temporary condition affecting the property are permitted.
No portion of any campsite shall be located within a roadway or
required buffer area.
Each campsite shall have direct and convenient access to a
developed roadway, which is not located in any required buffer
area. The space provided for roadways within a campground shall
be at least 7.5 meters (24.6 ft.) in width. No portion of any
campsite, other use, or structure shall be located in any roadway.
Each trailer coach shall be located at least 3.0 meters (10 ft.) from
any other trailer coach, and each campsite shall have dimensions
sufficient to allow such location of trailer coaches.
A campground may include as ancillary uses a laundromat or a
confectionery designed to meet the needs of the occupants of the
campsites, and one single detached dwelling for the
accommodation of the operator.
The Public Health Act shall be complied with in respect to all
operations and development of the campground.
5.10 GARDEN SUITES
Garden suites are subject to the following conditions:
e There is no secondary suite in the primary residence.
Page
Village of Buena Vista Zoning Bylaw — Bylaw No. 7-16
e The garden suite dwelling unit is a temporary use and shall be
permitted for a five-year term, which may be renewed at
Council's discretion. The landowner shall enter into an
agreement that the land shall not be considered for subdivision.
¢ The floor area of the garden suite dwelling shall not be less than
35 m? (377 ft”) and not greater than 90 m? (969 ft?). The garden
suite shall not be located on a permanent foundation to allow
the structure to be removed from the property when it is no
longer required by a relative of the permanent resident.
e The maximum height of the garden suite shall not exceed 5.0
meters (16 ft.) from grade level and shall have only one story.
e Garden suite dwellings shall only be located on sites where the
dwelling can be serviced by existing utilities and can be hooked
up to the services of the host residence.
e Residents of the garden suite must have access to the rear yard
amenities.
e The combined site coverage of the single detached dwelling and
garden suite dwelling shall not exceed the maximum coverage
permitted by this Zoning Bylaw, and the accessory dwelling shall
be placed so that all other setback requirement of the Zoning
Bylaw are met.
e Aparking space shall be provided on site for the resident(s) of
the garden suite dwelling.
e There shall be direct and separate access to the garden suite
dwelling by on-site driveway, or by public roadway, or alley.
5.11 ABOVE-GROUND FUEL STORAGE TANKS
Above-ground fuel storage tanks are subject to the following conditions:
Above-ground fuel storage tanks which meet the standards of the
National Fire Code and which have a maximum capacity of 50,000
litres may be permitted in association with service stations, gas bars
and other permitted industrial or commercial uses where the
dispensing of fuel to vehicles is a standard aspect of the use.
The total storage capacity for above-ground fuel storage tanks on
any single service station or gas bar site shall not exceed:
© 150,000 liters for flammable liquids (gasoline);
© 100,000 liters for combustible liquids (diesel fuel); and,
oO 100,000 liters of propane.
Above-ground fuel storage tanks shall be:
© For uses other than service stations and gas bars, located at
least 3.0 meters (10 ft.) from any property line or building, the
3.0 meter (10 ft.) separation distance may be reduced to 1.0
meter (3 ft.) for tanks with a capacity of 5,000 liters or less;
o For service stations and gas bars, located at least 6.0 meters (20
ft.) from any property line or b ng;
© Separated from each other and be accessible for firefighting
purposes to the satisfaction of the Development Officer; and,
oO Atleast 15 meters (49 ft.) from the boundary of any site within a
residential district.
For uses other than service stations and gas bars, the dispensing
equipment associated with above-ground fuel storage tanks shall be
located at least 3.0 meters (10 ft.) from any property line, at least
7.5 meters (25 ft.) from any open flame or other ignition source,
and at least 4.5 meters (15 ft.) from any door or window.
For service stations and gas bars, the dispensing equipment
associated with above-ground fuel storage tanks shall be located at
least 6.0 meters (20 ft.) from any property line, at least 7.5 meters
(25 ft.) from any open flame or other ignition source, and at least
4.5 meters (15 ft.) from any door or window.
Above-ground fuel storage tanks shall be protected from vehicles
with suitable posts, guardrails, or other similar means.
At service stations and gas bars, above-ground fuel storage tanks
which are located in view of a front or flanking street shall be
Page 36
Village of Buena Vista Zoning Bylaw — Bylaw No. 7-16
Painted lettering or other forms of signage may be located on
above-ground fuel storage tanks subject to the sign regulations in
the Zoning District.
landscaped or screened to the satisfaction of the Development °
Officer.
The maximum height of an above-ground fuel storage tank shall be
limited to the maximum permitted height of a free-standing sign in
the Zoning District.
Pag ~7
6, ZONING DISTRICTS AND ZONING MAP
6.1 ZONING DISTRICTS
For the purpose of this Bylaw, the Village of Buena Vista is divided into
several Zoning Districts that may be referred to by the appropriate
symbols. The uses or forms of development allowed within a Zoning
District, along with regulations or standards which apply, are provided in
the District schedules in this Section.
Residential Low Density
Gh District
Community Service District
Residential Low Density
R2 Topographical Limitation
District
Future Urban Development
Residential Medium
Agricultural Resource District
ii Density District €
Residential Large Lot
R4 Low Density District
Flood Hazard Overlay
Cc Commercial District
Cottage Industrial Slope Hazard Overlay
IND District
6.2 THE ZONING DISTRICT MAP
The map, bearing the statement "This is the Zoning District Map
referred to in Bylaw No. 7-16 adopted by the Village of Buena Vista,
Village of Buena Vista zoning Bylaw — Bylaw No. 7-16
signed by the Mayor and by the Village Administrator under the seal of
the Village, shall be known as the "Zoning District Map”, and such map
is hereby declared to be an integral part of this Bylaw.
6.3
Pj
BOUNDARIES OF THE ZONING DISTRICTS
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.”
Unless otherwise shown, the boundaries of Zoning Districts are site
ines, centre lines of streets, lanes, road allowances, or such lines
extended, and the boundaries of the Municipality.
6.4 HOLDING DESIGNATION
1
Where on the Zoning District Map the symbol for a Zoning District
has suffixed to it the holding symbol “H”; any lands so designated
on the map shall be subject to a holding provision in accordance
with Section 71 of The Planning and Development Act, 2007.
Any lands subject to a holding provision shall only be used for the
following uses:
a. Those uses existing on the land when the “H” is applied; and,
b. Public works.
Page 38
age of Buena Vista Zoning Bylaw — Bylaw No. 7-16
Ue RESIDENTIAL Low DENSITY DISTRICT - R1
The purpose of the Residential Low Density District (R1) is to
accommodate primarily single-detached dwellings and limiting semi-
detached and multi-unit dwellings.
No person shall within any R1 — Residential Low Density District use
any land or erect, alter, or use any building or structure, except in
accordance with the following provisions:
71 PERMITTED USES
a. One single-detached dwelling, which includes an RTM;
b. Uses, buildings, and structures accessory to the foregoing
permitted uses and located on the same site with the main use;
c. Playgrounds and swimming pools;
d. Public works, buildings and structures excluding offices,
warehouses, storage yards and waste management or sewage
facilities.
7.2. DISCRETIONARY USES
The following uses may be permitted in the R1 — Residential Low
Density District only by resolution of Council and only in locations
specified by Council. Discretionary use requirements can be found in
Section 5.
a. Modular homes (refer to section 5.4);
b. Home occupations (Home-based Businesses) (refer to section
5.2);
c. Semi-detached, duplex dwelling, fourplex, or townhouses;
d. Garden suites (refer to 5.10);
e
f.
Secondary suites (refer to section 5.3);
Child day cares (refer to section 5.6)
g. Adult day cares (refer to section 5.7);
h. Bed and breakfast homes (refer to section 5.5);
i. Residential care homes (refer to section 5.8).
7.3 SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site regulations.
Playgrounds
& Swimming
Permitted and Single Semi-
Discretionary Detached Detached,
Uses: Dwelling and Duplex Pools
All Other Dwelling,
Uses Fourplex, and
Townhouses
Minimum site | 0.2 hectares - 0.2 hectares
area (2,000m?) 00m?)
Minimum floor 111 m? (1,200 111 m? (1,200
area ft?) ft?)
Minimum site 7.6K
frontage
No minimum
No minimum
12 meters (39
ft.)
40% and 50% — Nomaximum
onacornersite.
Maximum heigh No maximum
Maximum site 50
coverage ona corner
‘site
7.5 meters
(24.6 ft.)
Minimum front 6.0 meters
yard (20 ft.)
Minimum rear ater
yard 20 ft.)
3.0 meters
yard (5 ft.) (5 ft) (10 ft.)
Minimum side 1.5 meters 1.5 meters
Page 79
Village of Buena Vista Zoning Bylaw — Bylaw No. 7-16
7.4 ACCESSORY BUILDINGS AND STRUCTURES
Minimum yard
setbacks
A minimum 6.0 meters (20 ft.) from the front
site line, 1.2 meters (4 ft.) from the principal
building, and 0.8 meters (2.6 ft.) from the side
site line unless the side site line is an abutting
street then the side yard shall be 3.6 meters (12
ft.).
Maximum floor All accessory buildings shall not exceed 120 m2
area (1300 ft?) in area.
Maximum height
6.0 meters (20 ft.) from grade level to the
underside of the eaves.
Minimum rear All accessory buildings shall be located a
yard minimum of 0.8 meters (2.6 ft.) from the rear
site line except where an accessory building has
a door or doors opening onto a lane then it
shall not be located less than 2.0 meters (6.5
ft.) from the site line abutting the lane.
-1 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.
.2 Acarport, consisting of a roof and supporting columns or structures
which are not permanent walls, is permitted to encroach into any
required side yard as long as the supporting structures are set back
a minimum of 0.3 meters (1 ft.) from the side lot line and the roof
does not project past the side lot line.
-3 Adetached private garage is permitted in any side or rear yard,
provided there is sufficient available space to comply with all other
requirements in this section.
-4 Allactivities related to artisan studios, crafts, and workshops shall
be conducted within an enclosed building. No exterior storage of
7.5
materials, goods, or waste products is permitted, except within a
waste disposal bin for collection.
No attached structure (i.e. deck) shall have a total floor area greater
than the main floor area of the principal building. In calculating the
main floor area of a principal building, the area of an attached
garage shall be excluded.
Temporary, fabric covered structures consisting of wood, metal or
plastic framing covered on the roof and one (1) or more sides with
fabric, plastic, vinyl, or other sheet material shall be permitted ina
rear or side yard.
FENCE AND HEDGE HEIGHT
Subject to traffic sight lines, the following height limitations shall apply
to fences, walls, chain-link fences and hedges:
a. No hedge, fence, or other structure shall be erected past any
property line;
b. Ina required front yard, to a height no greater than 1.0 meter
(3.3 ft.) above grade level;
c. Inarequired rear yard, to a height no greater than 2.0 meters
(6.5 ft.) above grade level; and,
d. Except permitted accessory buildings, no fence or other
structure shall be erected to a height of more than 2.0 meters
(6.5 ft.).
7.6 SIGNAGE
One (1) permanent sign is permitted per site. The facial area of a
sign shall not exceed 0.5 m? (5.3 ft?).
In the case of a home occupation, an additional permanent sign is
permitted in a window of a dwelling.
No sign shall be located in any manner that may obstruct or
jeopardize the safety of the public.
Page 40
Village of Buena Vista Zoning Bylaw — Bylaw No. 7-16
7.7 PARKING
Off-street parking requirements shall be provided in accordance with
the following:
Single detached, RTM,
and modular homes 2 Spaces per dwells
Semi-detached, duplex
dwellings, fourplex or
townhouses
2 spaces per dwelling.
Public works No requirements.
Playgrounds and
" : No requirements.
swimming pools
1 space plus 1 additional space for every
10 persons enrolled in the facility.
Day care centres and
pre-schools
1 space plus 1 space per 5 persons
enrolled in the fac’
Adult day cares
7.8 OUTDOOR STORAGE
1 No outdoor storage shall be permitted in the required front yard of
any residential site.
.2 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.
-3 No yard shall be used for the storage or collection of hazardous
material.
.4 Council may require additional standards for the location, setback,
or screening of any area devoted to the outdoor storage of vehicles,
operating equipment and machinery normally used for the
maintenance of the residential property, vehicles or vehicular parts,
inoperable vehicles or machinery.
5
7.9
1
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.
SUPPLEMENTARY DISCRETIONARY USE STANDARDS
All discretionary uses shall follow the general discretionary use
evaluation criteria as outlined in Section 3.9 and others that may be
specified.
All discretionary uses shall maintain the residential character of the
area as much as possible.
Specific Discretionary Use Evaluation Criteria for Semi-Detached,
Duplex Dwellings, Fourplex or Townhouses and Other Multi-Unit
Dwellings:
a. Council shall give consideration to the locations on major
streets and that the development will not cause excessive
traffic through existing low density residential areas.
Off-street parking spaces for day care centres, pre-school nurseries,
and residential care facilities shall be located in a side or rear yard
and be screened if they are adjacent to a site used for residential
purposes.
Page *
8,
The purpose of the Residential Low Density Topographical Limitation
District (R2) is to accommodate primarily single-detached dwe ngs and
related urban uses on existing lots which are not generally suited for
further subdivision due to topographic, access or service limitations, etc.
No person shall within any R2 — Residential Low Density Topographical
Limitation District use any land or erect, alter, or use any building or
structure, except in accordance with the following provisions:
8.1 PERMITTED USES
a. One single-detached dwelling, which includes an RTM;
b. Uses, buildings, and structures accessory to the foregoing
permitted uses and located on the same site with the main use;
c. Playgrounds and swimming pools;
d. Public works, buildings and structures excluding offices,
warehouses, storage yards and waste management or sewage
8.2 DISCRETIONARY USES
The following uses may be permitted in R2 — Residential Low Density
Topographical Limitation District only by resolution of Council and only
in locations specified by Council. Discretionary use requirements can
be found in Section 5.
a. Home occupations (Home-based Businesses) (refer to section
5:2);
b. Confectionaries;
c. Secondary suites (refer to section 5.3);
d. Child day cares (refer to section 5.6)
Village of Buena Vista cuning Bylaw — Bylaw No. 7-16 _
RESIDENTIAL LoW DENSITY TOPOGRAPHICAL LIMITATION DIST
e. Adult day cares (refer to section 5.7);
f. Bed and breakfast homes (refer to section 5.5);
g. Residential care homes (refer to section 5.8).
8.3 SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site regulations.
Permitted and
Discretionary Uses:
Playgrounds &
Swimming Pools
Single Detached
Dwelling and All
Other Uses
870 m? (9,375 ft?)
94 m? (1,000 ft?)
-7.6:meters (25 ft.)
Minimum site area No minimum
Minimum floor area No minimum
Minimum site frontage No minimum
Maximum height 8.5 meters (28 ft.)
40% and 50% ona
corner site
No maximum
Maximum site coverage No maximum
Minimum front yard 6.0 meters 7.5 meters (24.6
(20 ft.) ft.)
Minimum rear yard 7.5:meters
(25 ft.)
1.5 meters
(5 ft.)
No minimum
Minimum side yard 3.0 meters (10 ft.)
Page 42
age of Buena Vista Zoning Bylaw — Bylaw No. 7-16
8.4 ACCESSORY BUILDINGS AND STRUCTURES
A minimum 6.0 meters (20 ft.) from the front
site line, 1.2 meters (4 ft.) from the principal
building, and 0.8 meters (2.6 ft.) from the side
site line unless the side site line is an abutting
street then the side yard shall be 3.6 meters (12
ft.).
Minimum yard
setbacks
Maximum floor All accessory buildings shall not exceed 120 m?
area (1300 ft?) in area.
6.0 meters (20 ft.) from grade level to the
underside of the eaves.
Maximum height
Minimum rear All accessory buildings shall be located a
yard minimum of 0.8 meters (2.6 ft.) from the rear
site line except where an accessory building has
a door or doors opening onto a lane then it
shall not be located less than 2.0 meters (6.5
ft.) from the site line abutting the lane.
1 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.
.2 Acarport, consisting of a roof and supporting columns or structures
which are not permanent walls, is permitted to encroach into any
required side yard as long as the supporting structures are set back
a minimum of 0.3 meters (1 ft.) from the side lot line and the roof
does not project past the side lot line.
.3. Adetached private garage is permitted in any side or rear yard,
provided there is sufficient available space to comply with all other
requirements in this section.
.4 Allactivities related to artisan studios, crafts, and workshops sha
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.
-5 No attached structure (i.e. deck) shall have a total floor area greater
than the main floor area of the principal building. In calculating the
main floor area of a principal building, the area of an attached
garage shall be excluded.
.6 Temporary, fabric covered structures consisting of wood, metal or
plastic framing covered on the roof and one (1) or more sides with
fabric, plastic, vinyl, or other sheet material shall be permitted in a
rear or side yard.
8.5 FENCE AND HEDGE HEIGHT
Subject to traffic sight lines, the following height limitations shall apply
to fences, walls, chain-link fences and hedges:
a. No hedge, fence, or other structure shall be erected past any
property line;
b. Ina required front yard, to a height no greater than 1.0 meter
(3.3 ft.) above grade level;
c. Inarequired rear yard, to a height no greater than 2.0 meters
(6.5 ft.) above grade level; and,
d. Except permitted accessory buildings, no fence or other
structure shall be erected to a height of more than 2.0 meters
(6.5 ft.).
8.6 SIGNAGE
.1 One (1) permanent sign is permitted per site. The facial area of a
sign shall not exceed 0.5 m? (5.3 ft’).
.2 In the case of a home occupation, an additional permanent sign is
permitted in a window of a dwelling.
.3 No sign shall be located in any manner that may obstruct or
jeopardize the safety of the public.
Pag’ >
Village of Buena Vista Zuning Bylaw — Bylaw No. 7-16
)
8.7 PARKING
Off-street parking requirements shall be provided in accordance with
the following:
Single detached, RTM,
mrimedclanhames 2 spaces per dwelling.
Semi-detached, duplex
dwellings, fourplex or
townhouses
2 spaces per dwelling.
Public works No requirements.
Playgrounds and
swimming pools
No requirements.
Day care centres and
pre-schools
1 space plus 1 additional space for every
10 persons enrolled in the facility.
Adult day cares 1 space plus 1 space per 5 persons
enrolled in the fa
8.8 OUTDOOR STORAGE
-1 No outdoor storage shall be permitted in the required front yard of
any residential site.
-2 Council may apply special standards as a condition or fora
discretionary use approval regarding the location of areas used for
storage for that use.
2
8.9
No yard shall be used for the storage or collection of hazardous
material.
Council may require additional standards for the location, setback,
or screening of any area devoted to the outdoor storage of vehicles
operating equipment and machinery normally used for the
maintenance of the residential property, vehicles or vehicular parts,
inoperable vehicles or machinery.
7
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 con n that is for sale at any
given point in time.
SUPPLEMENTARY DISCRETIONARY USE STANDARDS
All discretionary uses shall follow the general discretionary use
evaluation criteria as outlined in Section 3.9 and others that may be
specified.
All discretionary uses shall maintain the residential character of the
area as much as possible.
Off-street parking spaces for day care centres, pre-school nurseries,
and residential care facilities shall be located in a side or rear yard
and be screened if they are adjacent to a site used for residential
purposes.
Page 44
Village of Buena Vista Zoning Bylaw — Bylaw No. 7-16
RESIDENTIAL MEDIUM DENSITY District — R3
The purpose of the Residential Medium Density District (R3) is to
accommodate mid to high density residential development including
semi-detached, townhouse, and other multi-unit dwellings.
Or
No person shall within any R3 —- Medium Density District use any land,
or erect, or use any building or structure except in accordance with the
following provisions:
PERMITTED USES
One single-detached dwelling, including a RTM.
9.1
a.
9.2 DISCRETIONARY USES
The following uses may be permitted in the R3 — Medium Density
District only by resolution of Council and only in locations specified in
such resolution of Council. Discretionary use requirements can be
found in Section 5.
Semi-detached and duplex dwellings;
Fourplex, or townhouses and other multiple unit dwellings;
Uses, buildings, and structures accessory to the foregoing
permitted and located on the same site with the main use;
Playgrounds and swimming pools;
Modular homes (refer to section 5.4);
One secondary suites in single-detached dwellings (refer to
section 5.3);
Apartments with no more than 6 dwelling units;
Condominiums with no more than 10 dwelling units;
i. Home occupations, home-based businesses (refer to section
5.2);
Child daycares (refer to section 5.6);
Adult daycares (refer to section 5.7);
Bed and breakfast homes (refer to section 5.5);
9.3 SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements.
Residential care homes (refer to section 5.8);
Confectionary stores;
Public works, buildings and structures, excluding offices, shops,
warehouses, storage yards and waste management or sewage
)
Pag:
Permitted Uses: Single Detached,
Modular Homes
“A60'm?'(4,951 ft2)
| Semi-Detached and Duplex
Minimum site area 1,000 'm? (10,763 ft2) total
94 m? (1,000 ft?) 55 m? (592 ft?) per dwelling
unit
7.6 meters (25 ft.)
9.0 meters (30 ft.) for
Principal Buildings
Minimum floor area
Minimum site fr 6.0 meters (20 ft.)
9.0 meters (30 ft.) for
Principal Buildings
40% and 50% on a-corner site
Maximum height
Maximum site coverage 40%:and 50% ona corner site
Minimum front yard 6.0 meters (20 ft.)
Minimum rear yard 6.0 meters (20 ft.)
1.5 meter (5 ft.)
6.0 meters (20 ft.)
6.0 meters (20 ft.)
Minimum side yard 1.5 meter (5 ft.)
Village of Buena Vista Zoning Bylaw — Bylaw No. 7-16
Townhouse, Fourplex and
Other Multiple Unit Dwellings
603 m? (6,490 ft2) plus 93m?
(1000 ft?):for each dwelling
~unit'in excess of three (3) units
46 m? (500 ft?) per dwelling
unit
15 meters (49 ft:)
9.0 meters (29 ft.) (2%
Stories)
40% and 50% on a corner site
6.0 meters (20 ft.)
6.0 meters (20 ft.)
1.5 meter (5 ft.)
Public Playgrounds and
Swimming Pools
No minimum
No minimum
No minimum
No maximum
No maximum
7.6 meters (25 ft.)
No minimum
3.0 meters (10 ft.)
Discretionary Uses: Apartments with no more than 6 units
10 units
Minimum site area 1,700 m? (18,398 ft?)
Minimum floor area 45 m? (484 ft?) per unit
15 meters:(49 ft.)
12.0 meters (129 ft.) for Principal
Buildings Bu
40% and 50% on-accorner site
6.0 meters (20 ft.)
6.0 meters (20 ft.)
3.0 meters (10 ft.)
Minimum site frontage
Height
15 meters (49 ft.)
ings
Maximum site coverage
Minimum front yard 6.0 meters (20 ft.)
6.0 meters (20'ft.)
1.5 meter (5 ft.)
Minimum rear yard
Minimum side yard
Condominiums with no more than
275 m? (2,960 ft2) per unit
45 m? (484 ft?) per unit
12.0 meters (129 ft.) for Principal
40% and 50% on a:corner site
All Other Uses
460 m? (4,951 ft?)
94 m? (1,000 ft?)
6.0 meters (20 ft.)
9.0 meters (30 ft.) for Principal Buildings
40% and 50% on a corner site
6.0 meters (20 ft.)
6,0'meters;(20.ft.)
1.5 meter (5 ft.)
Page 46
Village of Buena Vista Zoning Bylaw — Bylaw No. 7-16
9.4. ACCESSORY BUILDINGS AND STRUCTURES
Minimum Yard A minimum of 6.0 meters (20 ft.) from the front
setbacks site line, 1.2 meters (4 ft.) from the principal
building, and 1.5 meters (4.9 ft.) from the side
site line unless the side site line is an abutting
street then the side yard shall be 3.6 meters (12
ft.).
Maximum floor All accessory buildings shall not exceed 120 m?
(1300 ft?) in area.
Accessory buildings shall not exceed 6.0 meters
(20 ft.) in height from grade level to the
underside of the eaves, and shall not be higher
than the principal building.
Minimum rear All accessory buildings shall be located a
yard minimum of 0.8 meters (2.6 ft.) from the rear
A
site line except where an accessory building has
a door or doors opening onto a lane then it
shall not be located less than 2.0 meters (6.6
ft.) from the site line abutting the lane.
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.
A carport, consisting of a roof and supporting columns or structures
which are not permanent walls, is permitted to encroach into any
required side yard as long as the supporting structures are set back
a minimum of 0.3 meters (1 foot) from the side lot line and the roof
does not project past the side lot line.
One detached private garage is permitted in any side or rear yard,
provided there is sufficient available space to comply with all other
requirements in this section.
.4 Allactivities 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.
-5 No attached structure (i.e. deck) shall have a total floor area greater
than the main floor area of the principal building. In calculating the
main floor area of a principal building, the area of an attached
garage shall be excluded.
.6 Temporary, fabric covered structures consisting of wood, metal, or
plastic framing covered on the roof and one or more sides with
fabric, plastic, vinyl or other sheet material shall be permitted to
locate in a side or rear yard.
9.5 SIGNAGE
+1 One (1) permanent sign is permitted per site. The facial area of a
sign shall not exceed 0.5 m? (5.3 ft’).
.2 In the case of a home occupation, an additional permanent sign is
permitted in a window of a dwelling.
-3 No sign shall be located in any manner that may obstruct or
jeopardize the safety of the pub
9.6 PARKING
Off-street parking requirements shall be provided in accordance with
the following:
Single detached, RTM,
and modular homes
2 spaces per dwelling.
Semi-detached, duplex,
and multi-unit dwellings 2 spaces per dwelling.
Public works No requirement.
Playgrounds & swimming
pools
No requirement.
Page “7
Village of Buena Vista Zoning Bylaw — Bylaw No. 7-16
Townhouse, fourplex, -5 Provision shall be made for the owner of the property to
and other multiple unit 1.5 spaces per dwelling. temporarily display a maximum of either one (1) vehicle or
dwellings recreational vehicle in operating condition that is for sale at any
given point in time.
Bed and breakfast
homes
1 space plus 1 space for each guest room.
9.8 STANDARDS FOR DISCRETIONARY USES
WESTIE Melati 1 space plus 1 space for each non-resident -1 Alldiscretionary uses shall follow the general discretionary use
staff member. evaluation criteria as outlined in Section 3.9 and others that may be
specified.
Day care centres and 1 space plus 1 additional space for every 10
pre-schools persons enrolled in the facility. -2 Off-street parking spaces for day care centres, pre-school nurseries,
and residential care facilities shall be located in a side or rear yard
and be screened if they are adjacent to a site used for residential
purposes.
9.7 OUTDOOR STORAGE .3 Dwelling Groups:
a. The minimum side yard of 3.5 meters (11.5 ft.) or half the
building height shall be measured from the closest main wall of
the principal building closest to the side site line;
-2 Council may apply special standards as a condition or for a b. All principal buildings forming part of the group shall be located
discretionary use approval regarding the location of areas used for at least 3.5 meters (11.5 ft.) from any other principal building in
storage for that use. the group;
c. The site area shall provide at least 370 m? (3,983 ft.) for each
dwelling unit in the group located at grade level plus 65 m2(700
ft?) for any dwelling unit located above the main floor; and,
d. Council may apply special development standards regarding
‘4 Council may require special standards for the location setback or yard requirements to reduce conflict with neighbouring uses.
screening of any area devoted to the outdoor storage of vehicles in
operating condition, equipment, and machinery normally used for
the maintenance of the residential property, vehicles or vehicular
parts.
Adult day cares 1 space plus 1 space per 5 persons enrolled
in the fa
-1 No outdoor storage shall be permitted in the required front yard of
any residential site.
-3 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.
Discretionary Use Evaluation Criteria for Residential Care
a. The development will be entirely consistent with the residential
development on adjacent parcels.
Page 48
10, LARGE LOT Low DENSITY RESIDENTIAL DISTR
The purpose of the Large Lot Low Density Residential District (R4) is to
provide for larger lower density residential lot development and related
uses.
No person shall within any R4 — Large Lot Low Density Residential
District use any land or erect, alter, or use any building or structure
except in accordance with the following provisions:
9.1 PERMITTED USES
a. One single-detached dwelling, which includes an RTM;
b. Uses, buildings, and structures accessory to the foregoing
permitted uses and located on the same site with the main use;
c. Playgrounds and swimming pools;
d. Public works, buildings and structures excluding offices,
warehouses, storage yards and waste management or sewage
facilities.
10.1 DISCRETIONARY USES
The following uses may be permitted in the R4 — Large Lot Low Density
Residential District only by resolution of Council and only in locations
specified by Council. Discretionary use requirements can be found in
Section 5.
a. Home occupations (Home-based Businesses) (refer to section
5.2);
b. Garden suites (refer to 5.10);
c. Secondary suites (refer to section 5.3);
d. Child day cares (refer to section 5.6)
e. Adult day cares (refer to section 5.7);
f. Bed and breakfast homes (refer to section 5.5).
10.2 SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site regulations.
Village of Buena Vista Zoning Bylaw — Bylaw No. 7-16
Permitted and Playgrounds &
Discretionary Uses
Single Detached
Dwelling and All Other | Swimming Pools
Uses
Minimum site area 120 m?( 300 ft?) fo “No minimum:
Minimum 111 m? (4, 200 ft?) No minimum
area
Minimum site
frontage
Maximum height 8.5 meters (28 ft.)
“40% and 50% ona
| corner site 4
12.8 meters (42 ft.)
No maximum
Maximum site No maximum -_
coverage
Minimum front 7.5 meters (24.6 ft.)
yard*
‘No minimum:
3.0 meters (10 ft.
Minimum rear yard
(Mita aieie(snelecee| 3.0 meters (10 ft.)
*The following lots shall have a reduced minimum front yard of 10 meters (32.8
ft.):
Lot 19, Block/Parcel 1, Plan 101897983 Ext 0
Lot 20, Block/Parcel 1, Plan 101897983 Ext 0
Page °9
Village of Buena Vista Zoning Bylaw — Bylaw No. 7-16
10.3 ACCESSORY BUILDINGS AND STRUCTURES materials, goods, or waste products is permitted, except within a
Minimum yard A minimum 6.0 meters (20 ft.) from the front waste disposal bit for collection,
setbacks site line, 1.2 meters (4 ft.) from the principal -5 No attached structure (i.e. deck) shall have a total floor area greater
building, and 0.8 meters (2.6 ft.) from the side than the main floor area of the principal building. In calculating the
site line unless the side site line is an abutting main floor area of a principal building, the area of an attached
street then the side yard shall be 3.6 meters (12 garage shall be excluded.
ft);
-6 Temporary, fabric covered structures consisting of wood, metal or
Maximum floor All accessory buildings shall not exceed 120 m? plastic framing covered on the roof and one (1) or more sides with
area (1300 ft?) in area. fabric, plastic, vinyl or other sheet material shall be permitted in a
rear or side yard.
Maximum height 6.0 meters (20 ft.) from grade level to the
underside of the eaves. 10.4 FENCE AND HEDGE HEIGHT
Minimum rear All accessory buildings shall be located a Subject to traffic sight lines, the following height limitations shall apply
yard minimum of 0.8 meters (2.6 ft.) from the rear to fences, walls, chain-link fences, and hedges:
site line except where an accessory building has a. No hedge, fence, or other structure shall be erected past any
a door or doors opening onto a lane then it property line;
shall not be located less than 2.0 meters (6.5 b. Ina required front yard, to a height no greater than 1.0 meter
ft.) from the site line abutting the lane. (3.3 ft.) above grade level;
c. Inarequired rear yard, to a height no greater than 2.0 meters
(6.5 ft.) above grade level; and,
-1 Garages, carports, and accessory buildings attached to a principal
building by a substantial roof structure shall be considered as part d. Except permitted accessory buildings, no fence or other
of the principal building and subject to the regulations of the structure shall be erected to a height of more than 2.0 meters
principal building and shall not exceed the square footage of the (6.5 ft.).
main floor of the principal dwelling in size.
-2 Acarport, consisting of a roof and supporting columns or structures 10.5 SIGNAGE
which are not permanent walls, is permitted to encroach into any -1 One (1) permanent sign is permitted per site. The facial area of a
required side yard as long as the supporting structures are set back sign shall not exceed 0.5 m? (5.3 ft’).
a minimum of 0.3 meters (1 ft.) from the side lot line and the roof 2
In the case of a home occupation, an additional permanent sign is
does not project past the side lot line.
permitted in a window of a dwelling.
-3 Adetached private garage is permitted in any side yard or rear yard, 3
provided there is sufficient available space to comply with all other
requirements in this section.
No sign shall be located in any manner that may obstruct or
jeopardize the safety of the public.
4 Allactivities related to artisan studios, crafts, and workshops shall
be conducted within an enclosed building. No exterior storage of
Page 50
Village of Buena Vista Zoning Bylaw — Bylaw No. 7-16
10.6 PARKING
Off-street parking requirements shall be provided in accordance with
the following:
Single detached, RTM
2 space dwelling.
and modular homes SPACES Pert g
No requirements.
Playgrounds and
: 4 No requirements.
swimming pools
1 space plus 1 additional space for every
10 persons enrolled in the facility.
Day care centres and
pre-schools
1 space plus 1 space pe
enrolled in the facility.
Adult day cares r5 persons
10.7 OUTDOOR STORAGE
.1 No outdoor storage shall be permitted in the required front yard of
any residential site.
.2. 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.
3
No yard shall be used for the storage or collection of hazardous
material.
Council may require additional standards for the location, setback,
or screening of any area devoted to the outdoor storage of vehicles,
operating equipment and machinery normally used for the
maintenance of the residential property, vehicles or vehicular parts,
inoperable vehicles or machinery.
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.
10.8 SUPPLEMENTARY DISCRETIONARY USE STANDARDS
vl
All discretionary uses shall follow the general discretionary use
evaluation criteria as outlined in Section 3.9 and others that may be
specified.
All discretionary uses shall maintain the residential character of the
area as much as possible.
Off-street parking spaces for day care centres, pre-school nurseries,
and residential care facilities shall be located in a side or rear yard
and be screened if they are adjacent to a site used for residential
purposes.
Page. ~*
11, COMMERCIAL DISTRICT — C
The purpose of the Commercial District (C) is to continue to encourage
cottage commercial by providing pedestrian orientated commercial
activities and services.
No person shall within any C —Commercial District use any land or
erect, alter, or use any building or structure except in accordance with
the following provisions:
11.1 PERMITTED USES
a. Banks, credit unions, and other financial institutions;
b. Administrative offices;
c. Barbers, hairdressers, and other similar personal 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. Confectionaries and delicatessens;
g. Storefront retail stores and outlets;
h. Storefront bakeries, butcher shops, and similar food processing
with on-site retail sales;
i. Theatres, assembly halls, places of worship, service clubs;
j. Commercial and public recreational establishments such as
bowling alleys, arcades and fitness centres;
k. Licensed premises for the sale and consumption of alcoholic
beverages;
|. Libraries, galleries, museums, and other similar cultural
institutions;
m. Public transportation depots;
n. Outdoor markets and concessions (permanent, seasonal, or
occasional);
o. Small-scale repair trades such as tailors, jewelers, art and hand
craft shops and studios, craftspeople and similar trades,
including retail sales of art and craft products;
p. Storefront construction trades without yards;
D
Village of Buena Vista zoning Bylaw — Bylaw No. 7-16
q. Buildings, structures or uses accessory to and located on the
same site as the principal building or permitted use;
r. Public works buildings, offices and structures excluding
warehouses, storage yards, and waste management or sewage
facilities.
11.2 DISCRETIONARY USES
The following may be permitted in the C— Commercial District but
only by resolution of Council and only in locations specified by such
resolution of Council. Discretionary use requirements can be found in
Section 5.
a. Dwellings attached to and behind, or above, commercial
establishments;
b. Lumber and building supply establishments;
c. Shops of plumbers, pipe fitters, metal workers and other
industrial trades manufacturing and sales;
d. Funeral homes;
e. Other innovative commercial uses consistent with street level
retail and services.
Page 52
Village of Buena Vista Zoning Bylaw — Bylaw No. 7-16
11.3 SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements.
Bus terminals, All other uses
restaurants, licensed
premises
Permitted and
Discretionary Uses:
225 m? (2,422 ft?)
7.5 meters (25 ft.)
1,000 m? (10,763 ft2)
20 meters (66 ft.)
Minimum site area
Minimum site
frontage
Minimum site ‘No requirement 75%
coverage
Minimum front yard 7.5 meters (25 ft.) No requirement
Minimum rear & side fiNoire-teltiicctur-iane No requirement
yard | except 7.5 meters (25 except 7.5 meters
ft.) minimum rear (25 ft.) minimum
and3 meters (10 ft.) | rear and 1.5 meter
minimum side yard if (5 ft.).if abutting a
| abutting a Residential Residential District
District without an without an
intervening street or © intervening street
lane ; or lane
Principal buildings: 15 Principal buildings:
meters (49 ft.) 15 meters (49 ft.)
Accessory buildings: Accessory buildings:
Shall not be higher Shall not be higher
than the principal than the principal
building building
11.4 ACCESSORY BUILDINGS
.1 Setbacks for accessory buildings shall meet the same requirements
as the principal use or building.
-2 Temporary, fabric covered structures consisting of wood, metal or
plastic framing covered on the roof and one or more sides with
fabric, plastic, vinyl or other sheet material shall be permitted in a
rear or side yard.
11.5 SIGNAGE
Signs and billboards shall be prohibited in the C1 — Core Commercial
District except for signs advertising the principal use of the premises or
the principal products offered for sale on the premises. Permitted signs
shall be subject to the following requirements:
a. Two (2) permanent signs are permitted per site. The facial area
of a sign shall not exceed 4.0 m? (43 ft?);
b. No sign shall be located in any manner that may obstruct or
jeopardize the safety of the public;
c. Asign may be double faced; and,
d. Asign shall not exceed 6 meters (20 ft.) in total height above
the ground.
11.6 PARKING
Off-street parking requirements shall be provided in accordance with
the following:
Stores and offices 1 parking space for every 50 m? (538 ft?) of
gross floor area
Restaurants, other
eating places
1 parking space for every 10 seats provided
for patrons
Theatres, places of 1 parking space for every 10 seats provided
assembly for patrons
MCh emueiaas 1 parking space for each unit
or hotels
Service Stations
1% parking spaces for each service bay
Tal Yvarlem eel 1 space per 50 m2(538 ft) of gross floor or 1
supply. space per 3 employees, whichever is greater.
establishments
Page 7
Village of Buena Vista zoning Bylaw — Bylaw No. 7-16
All other uses 1 parking space for each 75 m? (807 ft) of i,
building floor area
11.7 LANDSCAPING
Accessory residential uses shall conform to the Provincial Public
Health and Fire Regulations.
3 Specific Discretionary Use Evaluation Criteria for Lumber Yards and
Wholesale Trades:
Where a site abuts any Residential District without an intervening lane,
there shall be a strip of land adjacent to the abutting site line of not less
than 1.5 meters (4.9 ft.) in width throughout which shall not be used for
any purpose except landscaping.
a.
Development of these uses on other than the existing sites will
be encouraged to locate on vacant land with adequate space.
-4 Specific Discretionary Use Evaluation Criteria for Building Supply
Establishments, Construction Trades, Lumber Yards, Light
11.8 STANDARDS FOR DISCRETIONARY USES
-1 Alldiscretionary uses shall follow the general discretionary use
evaluation criteria as outlined in Section 3.9 and others that may be
specified.
a.
2 Specific Discretionary Use Evaluation Criteria for Accessory
Dwellings Attached To And Behind, or Above, Commercial
Establishments:
a. Amaximum of one accessory dwelling unit attached to and
behind, or above, a commercial establishment will be allowed;
b. The accessory dwelling shall be located in the principal building,
with the front of the building at grade level always remaining a
commercial use;
c. The accessory dwelling unit shall have an entrance separate
from the commercial use and provide a fire exit secondary to b.
the required entrance;
d. Dwelling units are permitted as long as the principal use is
undergoing;
e. Dwelling units shall have a floor area smaller than or equal to G
the floor area in commercial use;
f. Minimum floor area for each dwelling unit shall be 45 m? (484
ft”);
g. All dwelling units shall have an entrance separate from that of
the commercial establishment; d.
h. Dwelling units shall be located above or at the rear and
attached to the principal commercial use; and,
Manufacturing, and Welding And Machine Shops:
The location of the use will only be favourably considered
where it can be demonstrated that the use and intensity is
appropriate to the site and that it will have minimal impact on
surrounding adjacent areas. Consideration may be given, but is
not limited to, the following effects:
i) Municipal servicing capacity;
ii) Anticipated levels of noise, odour, smoke, fumes, dust,
lighting, glare, vibration and other emissions emanating
from the operation;
iii) Anticipated increased levels or types of vehicle traffic,
unsafe conditions or situations for vehicles, cyclists, or
pedestrians; and,
iv) Utilization of hazardous substances.
All materials and goods used in conjunction with construction
trades or with lighting manufacturing plants shall be stored
within an enclosed building, or within an area hidden from view
by screening;
Warehouses and freight handling facilities shall be accessible
from a major road network to avoid heavy traffic volumes on
access roads. Consideration shall be given to the location of
entry and exit points to the site and their interrelation with
existing intersections or land constraints;
No storage is permitted for a wholesale establishment; and,
Page 54
Village of Buena Vista Zoning Bylaw — Bylaw No. 7-16
e. All manufacturing and assembly operations in conjunction with
a light manufacturing plant shall be conducted within an
enclosed building.
Specific Discretionary Use Evaluation Criteria for Funeral Homes:
a. A funeral home must be on a lot that abuts a major (Primary or
Secondary) street, as identified in the Official Community Plan
“Transportation Hierarchy” Reference Map;
b. Asite with a funeral home must have a fence along the portion
of the site line that abuts a residential site; and,
c. The building shall not contain facilities for cremation.
Sites used for discretionary uses which may result in heavy truck
traffic shall be located to ensure that such traffic takes an access to
or from major streets or designated truck routes.
-7_ All operations related to construction trades, artisans, and craft
shop offices shall be conducted within an enclosed building. No
exterior storage of materials, goods, or waste products is permitted,
except within a waste disposal bin for collection.
Pape ~S
12. COTTAGE INDUSTRIAL DistRICT - IND
The purpose of the Cottage Industrial District (IND) is to provide areas
for industrial activities which have moderate potential for conflict with
adjacent land uses and rely on access to prime traffic routes.
No person shall within any IND - Cottage Industrial District use any
land, or erect, alter, or use any building or structure except in
accordance with the following provisions:
12.1 PERMITTED USES
a. Business and/or professional offices;
b. Industrial parks containing a combination of permitted uses;
c. Buildings, structures, and uses accessory to, and located on the
same site as, the principal building or use excepting any building
or structure used for human habitation;
d. Indoor repair, rental, servicing, storage, wholesale of any
commodity and/or retail sales of any goods, materials and/or
commodities excluding any hazardous materials;
e. Manufacturing, fabricating, processing, assembly, finishing,
production or packaging of materials, goods or products that
are not noxious;
f. Oilfield supply and service establishments;
g. Auto body shops;
h. Construction and other contractors, industrial trades,
workshops, yards, plants, and/or offices;
i. Warehousing and supply depots;
j. Farm and Industrial machinery equipment and vehicle sales and
service;
k. Trucking operations;
Semi-trailer and container parking lot including sea containers;
Lumber and building supply establishments;
Construction of RTM homes or agricultural b
area;
Motor vehicle, recreational vehicle, and/or mobile home sales
and servicing and/or storage compound;
p. Commercial recycling depots;
c
ing assembly
fo)
Village of Buena Vista zuning Bylaw — Bylaw No. 7-16
q. Public works buildings and structures including offices,
warehouses, storage, yards, and waste management or sewage
facilities.
12.2 DISCRETIONARY USES
The following uses may be permitted in the IND — Cottage Industrial
District only by resolution of Council and only in locations specified in
such resolution of Council. Discretionary use requirements are
provided in Section 5.
a. Bulk petroleum sales and storage (refer to Section 5.22);
b. Oilfield equipment parking lot and staging area;
c. Stockyards and auction marts;
d. Salvage yards and auto wreckers;
e. Meat processing plants/abattoirs;
f. Seed cleaning plants, feed mills and flour mills;
g. Fertilizer sales and storage;
h. Cement manufacturing;
i. Aggregate material storage or handling operations.
Page 56
Village of Buena Vista Zoning Bylaw — Bylaw No. 7-16
12.3 SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements.
Autobody Shops, All Other Uses
Carwashes, Shops
Of Industrial
Tradesmen,
Wholesales
-1,000m? (10,763 ft?)
30 meters (98 ft.)
Permitted and
Discretionary Uses:
590 m? (6,350 ft?)
20 meters (66 ft.)
Minimum site area
Minimum site
frontage
Minimum front yard 7.5 meters (25 ft.) 7.5 meters (25 ft.)
10% of the depth of 6.0 meters
the lot
Minimum rear yard
Minimum side yard 13.0 meters (10 ft.) 3.0 meters (10 ft.)
15 meters (49 ft.) 15 meters (49 ft.)
Maximum height
12.4 ACCESSORY BUILDINGS
.1 Setbacks for accessory buildings shall meet the same requirements
as the principal use or building.
.2 Temporary, fabric covered structures consisting of wood, metal or
plastic framing covered on the roof and one (1) or more sides with
fabric, plastic, vinyl or other sheet material shall be permitted in a
rear or side yard.
12.5 FENCE AND HEDGE HEIGHTS
.1 Screen fences shall be consistent and complement the quality of
building design and materials of the primary building. Screening
shall be provided where a lot used for commercial or industrial
purposes abuts a Residential District without an intervening street
or lane. Such screening shall consist of a solid fence, hedge, or wall
over 1.5 meters (5 ft.) in height in a side or rear yard and over 0.75
meters (2.5 ft.) in a front yard.
.2 No fence in an Industrial District shall exceed 2.4 meters (7.8 ft.).
.3 No barbed wire or razor wire fences shall be allowed in an Industrial
District.
12.6 LANDSCAPING
+1 A landscaped strip of not less than 3.0 meters (10 ft.) in width
throughout lying parallel and abutting the front site line shall be
provided on every site.
-2. Oncorner 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.
.3 Where a site abuts any Residential District without an intervening
lane, there shall be a strip of land adjacent to the abutting site line
of not less than 3.0 meters (10 ft.) in width throughout which shall
not be used for any purpose except landscaping.
12.7 PARKING
Off-street parking requirements shall be provided in accordance with
the following:
1 parking space for each 90 m? (969 ft?) of
gross floor area.
Warehouses or
manufacturing act
1 parking space for each 50 m? (538 ft?) of
gross floor area, or 1 parking space for each
1.5 employees, whichever is greater.
Principal buildings
12.8 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 without
restricting access to all parts of the site shall be provided on the site.
Pago "7
Village of Buena Vista zoning Bylaw — Bylaw No. 7-16
The minimum area of an individual loading space shall be 17 m2 (183
ft?).
12.9 SIGNAGE
Signs and billboards are prohibited in the IND — Cottage Industrial
District except for signs advertising the principal use of the premises or
the names of the occupants of the premises. Permitted signs shall be
subject to the following regulations:
a. Two (2) permanent signs are permitted per site. The facial area
of a sign shall not exceed 4.0 m? (43 ft?);
b. No sign shall be located in any manner that may obstruct or
jeopardize the safety of the publi
c. A sign may be double faced; and,
d. Assign shall not exceed 6 meters (20 ft.) in total height above
the ground.
12.10 OUTDOOR STORAGE
-1 No outdoor storage shall be permitted in the required front yard of
any commercial or industrial site.
-2 No yard shall be used for the storage or collection of hazardous
material.
-3 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.
-4 Council may require special standards for the location setback or
screening of any area devoted to the outdoor storage of vehicles in
operating condition, equipment, and machinery normally used for
the maintenance of the property, vehicles or vehicular parts.
-5 All outside storage shall be fenced and where the area abuts a
residential area. All junk yards or auto wrecking yards shall be
totally enclosed by a sturdy fence built to a minimum height of 2.0
meters (6.6 ft.) and constructed of material suitable to conceal from
view the materials stored on site. No materials shall be stacked
above the height of the fence.
6
All automobile parts, dismantled vehicles, storage drums and crates,
stockpiled material, and similar articles and materials shall be stored
within a b ng or suitably screened from public view.
12.11 STANDARDS FOR DISCRETIONARY USES
mi
All discretionary uses shall follow the general discretionary use
evaluation criteria as outlined in Section 3.9 and others that may be
specified.
Specific Discretionary Use Evaluation Criteria for Salvage Yards and
Auto Wrecker Operations:
a. This includes salvage yards, auto wreckers, auto repair shop,
body shops and similar uses, all salvage vehicles and materials,
vehicles waiting repair, salvage or removal and similar uses;
b. No vehicles or parts thereof shall be located in the front yard;
c. All salvage yards shall be totally hidden from the view of the
travelling public, provincial highways ,any public road and
adjacent residential development by utilizing any of the
following measures:
i. Distance and careful location;
ii. Natural or planted vegetation;
An earth berm;
An opaque fence;
v. A building; or,
vi. Other appropriate methods approved by Council.
Specific Discretionary Use Evaluation Criteria for Meat Processing
Plants/Abattoirs:
a. Shall be located at least 91.4 meters (300 ft.) from residential
areas, schools, hospitals, motels and restaurants.
Specific Discretionary Use Evaluation Criteria for Oilfield Equipment
Parking Lot and Staging Area:
a. The designated truck access routes will not be primarily through
residential areas.
Specific Discretionary Use Evaluation Criteria for Seed Cleaning
Plants, Feed Mills And Flour Mills; Fertilizer Sales And Storage;
Page 58
Village of Buena Vista Zoning Bylaw — Bylaw No. 7-16
Cement Manufacturing; and Aggregate Material Storage or
Handling Operations:
a.
The location of the use will only be favorably considered where
it can be demonstrated that the use and intensity is appropriate
to the site and that it will have a minimal impact on the
surrounding, adjacent areas. Consideration may be given to:
i) Municipal servicing capacity;
ii) Anticipated levels of noise, odour, smoke, fumes, dust,
lighting, glare, vibration and other emissions emanating
from the operation; and,
Anticipated increased levels or types of vehicle traffic,
unsafe conditions or situations for vehicles, cyclists, or
pedestrians.
Utilized designated truck access routes will not be primarily
through residential areas;
Sites used for discretionary uses which may result in heavy truck
traffic shall be located to ensure that such traffic takes access to
or from major streets or designated truck routes;
All operations shall comply with all regulations of Saskatchewan
Environment and Saskatchewan Labour which govern their
operation and development;
The tanks are to be located 91.4 meters (300 ft.) from
residential areas, schools, hospitals, motels, and restaurants.
Noise - emit no noise of industrial production audible beyond
the boundary of the lot on which the operation takes place;
Smoke - no process involving the use of solid fuel is permitted;
Dust or ash - no process involving the emission of dust, flying
ash or other particulate matter is permitted;
Odour - the emission of any odorous gas or other odorous
matter is prohibited;
Toxic gases - the emission of any toxic gases or other toxic
substances is prohibited;
Glare or heat - no industrial operation shall be carried out that
would produce glare or heat noticed beyond the property line
of the lot;
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;
Industrial wastes - waste which does not conform to the
standards established from time to time by Village Bylaws shall
not be discharged into any Village sewers; and,
The onus of proving to Council's satisfaction that a proposed
development does and will comply with these requirements,
rests with the developer.
12.12 PERFORMANCE STANDARDS
An industrial operation including production, processing, cleaning,
testing, repairing, storage or distribution of any material shall conform
to the following standards:
Pape “9
13. COMMUNITY SERVICE DISTRICT — CS
The purpose of the Community Service District (CS) is to provide areas
for a wide range of community service related activities including soci
recreational, institutional, parks and public service.
No person shall, within any CS - Community Service District, use any
land, or erect, alter or use any building or structure except in
accordance with the following provisions:
13.1 PERMITTED USES
a. Buildings, structures, or uses secondary or subordinate to, and
located on the same site as, the principal use, shall be
considered accessory uses and, may include commercial uses;
b. Elementary, high schools and other educational facilities;
Lodges, social clubs, service clubs;
Municipal offices, libraries, historic and cultural institutions,
community halls;
Places of worship and assembly halls;
Child daycares;
Adult daycares;
Health facilities and special care homes;
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;
Golf courses;
Natural open areas;
Community gardens;
m. Pedestrian trails and bicycle pathways;
n. Skateboard parks or BMX bike-terrain;
0. Scenic lookout and interpretation facilities, rest stops, and other
public trail facilities;
p. Public works buildings and structures excluding storage yards,
warehouses, drainage ditches, culverts, and other drainage
works, and shall include water reservoirs, waste management
sites, and sewage treatment facilities.
ss
Gwe wc
veh, SE
age of Buena Vista zoning Bylaw — Bylaw No. 7-16
13.2 DISCRETIONARY USES
The following uses may be permitted in the CS — Community Service
District only by resolution of Council and only in locations specified in
such resolution of Council. Discretionary use requirements are
provided in Section 5.
a. Marinas;
b. Public boat docking facilities;
c. Campgrounds (refer to Section 5.9).
13.3 SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements.
Permitted and
Elementary and Skating, Curling
Secondary Schools Rinks and
Swimming Pools
Discretionary Uses:
Minimum site area No minimum: 1200 m? (12,916 ft?)
‘requirement
Minimum site frontage [Be inaceaCcnia) 20 meters (66 ft.)
Maximum site coverage (Ay No requirement
Minimum front yard 7.5 meters (25 ft.)
75 meters (25 ft.)
7.5 meters (25 ft.)
7.5,meters (25 ft.)
50% of the height 1.5 meters (4.9 ft.)
of the building or except on a corner
3.0 meters (10 ft.), site abutting a street
whichever is then 3.6 meters
greater shall be provided
Minimum rear yard
Minimum side yard
Page 60
Village of Buena Vista Zoning Bylaw — Bylaw No. 7-16
13.5 SIGNAGE
.1 One permanent sign is permitted per site. The facial area of a sign
shall not exceed 4.0 m? (43 ft).
All Other Uses
Minimum site area 450 m? (4,844 ft2)
: .2 Billboards are prohibited except for one information sign for each
MM Rices-me 15 meters (49 ft.) building or use and those bearing notices of special events and
; : activities, or other information, relating to a temporary condition
affecting the site. Such signs shall be approved by Council.
Maximum site coverage [aNt) requ rement
Minimum front yard 7.5 meters (25 ft.)
13.6 PARKING
Off-street parking requirements shall be provided in accord: ith
Minimum side yard 50% of the height of the building or 3.0 the ae BEM P alle
Minimum rear yard 7.5 meters (25 ft.)
meters, whichever is greater
Elementary school 1 parking space for each staff member.
High school 1 parking space for each staff member, plus 1
parking space for every 10 students.
13.4 ACCESSORY BUILDINGS
anesthetics 1 parking space for each 50 m? (538 ft?) of
Minium elem 7.5 meters (25 ft.) efaccembly floor area.
Principal building All accessory buildings shall be set back 1.2 Special care homes 1 parking space for each bed.
meters (4 ft.) from the principal building
; Institutional
Maximum height Accessory buildings shall not exceed 4.0 buildings, private
meters (13 ft.) in height from grade level to clubs and lodges
1 parking space for each 50 m? (538 ft?) of
floor area.
the underside of the eaves, and shall not be
higher than the principal building
Recreational
1 parking space for each of every ten patrons
or seats.
s buildings, sports
0.8 meters (2.6 ft.) unless the side site line is facilities and fields
abutting a street then the side yard shall be
3.6 meters (12 ft.) 13.7 LANDSCAPING
Minuten eicmes All accessory buildings with a door or doors .1 A landscaped strip of not less than 3.0 meters (10 ft.) in width
opening onto a lane shall not be located less throughout lying parallel and abutting the front site line shall be
than 2.0 meters (6.6 ft.) from the site line provided on every site.
abutting the lane
-2. Oncorner 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.
Page 51
Village of Buena Vista Zoning Bylaw — Bylaw No. 7-16
-3 Where a site abuts any Residential District without an intervening
lane, there shall be a strip of land adjacent to the abutting site line
of not less than 1.5 meters (4.9 ft.) in width throughout which shall
not be used for any purpose except landscaping.
13.8 STANDARDS FOR DISCRETIONARY USES
-1 All discretionary uses shall follow the general discretionary use
evaluation criteria as outlined in Section 3.9 and others that may be
spe
d.
2 Specific Discretionary Use Evaluation Criteria for Marinas:
a.
There shall be no discharge of water and/or contaminants
into the water from boat maintenance or hull cleanring
within the marina;
Marinal structures shall be maintained in a structurally
sound and safe condition at all times;
There shall be no discharge of sewage or solid wastes into
the waterbody; and,
The applicant shall supply the Development Officer a plan
which includes a minimum:
i. Adescription of operations, fac
maintenance;
An oil or gas spill plan; and,
A waste disposal and litter management plan.
Page 62
Village of Buena Vista Zoning Bylaw — Bylaw No. 7-16
14. FUTURE URBAN DEVELOPMENT - FUD
The purpose of the Future Urban Development District (FUD) is to limit
development that may affect future growth of the Village by providing
for temporary and transitional uses and activities.
No person shall within any FUD — Future Urban Development District
use any land, or erect, alter, or use any building or structure, except in
accordance with the following provisions:
14.1 PERMITTED USES
a. Agricultural crop production and horticultural uses and buildings
and structures customarily accessory to the use;
b. Commercial greenhouses, market gardens, and sod farms;
c. Uses, buildings and structures accessory to the principal
building or use;
d. Recreational uses and sports grounds;
e. Recreational vehicle storage yards;
f. Public works buildings, and structures including offices,
warehouses, storage, yards, and waste management or sewage
facilities;
14.2 DISCRETIONARY USES
The following uses may be permitted in the FUD - Future Urban
Development District but only by resolution of Council and only in
locations specified in such resolution of Council. Discretionary use
requirements are provided in Section 5.
a. One single detached dwelling and buildings accessory to the
principal use and occupied by the owner, manager or caretaker
of the principal use;
b. Keeping of livestock, but excluding intensive livestock
operations, poultry farms, hatcheries, or commercial kennels.
14.3 SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements.
Permitted and Discretionary Uses
Minimum site area | Existing, no: subdivision or 16. hectares (39.
acres) for agricultural uses
Minimum site
frontage
60 meters (197 ft.) abutting a highway or 6.0
meters (20 ft.) abutting a street
Minimum front yard 15. O meters (49 ft.) unless the property. abuts
fa municipal: road, then the setback 60.
meters (197 ft. ) from the centerline ofthe.
| municipal road : ;
7.5 meters (25 ft.) fora dwelling and buildings
accessory thereto, except the minimum side
yard abutting a public street shall be 10
meters (33 ft. )
Minimum side yard
Minimum rear yard 10. O'meters for dwellings and | buildings
| accessory thereto except that the minimum:
| rear yard abutting a public street shall be 30:0
meters (98: ft.)
14.4 SIGNAGE
-1 One (1) permanent sign is permitted per site. The facial area of a
sign shall not exceed 1.0 m? (10.7 ft’).
.2 In the case of a home occupation, an additional permanent sign is
permitted.
-3 No sign shall be located in any manner that may obstruct or
jeopardize the safety of the public.
14.5 SUPPLEMENTARY REGULATIONS
+1 Council will consider the applications for discretionary use with
respect to the following criteria:
Page ©3
)
Village of Buena Vista zoning Bylaw — Bylaw No. 7-16
a.
The infrastructure servicing capacity is available to service the
development without excessive impact on other uses being
served by the system;
The proposed development will be consistent with any concept
plans in force in the area and will not be inconsistent with the
future use and development plans of the Village of Buena Vista
Official Community Plan; and,
The development will not require the development of new
streets and utility lines except as may be provided for in existing
plans under Village of Buena Vista Official Community Plan and
that the proposal is not premature.
-2_ Where a development is proposed at a location at which standard
connection to the Village’s existing sewer and water system is not
feasible, the developer shall, at their own expense, provide suitable
water supply and sewage disposal fac
es for that development
acceptable to Council and meets The Public Health Act and
Regulations requirements.
Any building or structure used for the habitation or shelter of
animals permitted in this Zoning District shall be located a minimum
distance of 76.0 meters (249 ft.) from an occupied dwelling situated
on an adjoining site.
Page 64
15, AGRICULTURAL RESOURCE DisTRICcT - AR
The purpose of the Agricultural Resource District (AR) is to acknowledge
the long term agricultural potential of the peripheral lands located with
the Village’s boundaries that will remain in the agricultural production
for the foreseeable future.
No person shall within any AR — Agricultural Resource District use any
land, or erect, alter or use any building or structure, except in
accordance with the following provisions:
15.1 PERMITTED USES
a. Agricultural crop production and horticultural uses and buildings
and structures customarily accessory to the use;
b. Commercial greenhouses, market gardens, and sod farms;
c. Uses, buildings, and structures accessory to the principal
building or use;
d. Public works buildings and structures including offices,
warehouses, storage, yards, and waste management or sewage
15.2 DISCRETIONARY USES
The following uses may be permitted in the AR - Agricultural Resource
District but only by resolution of Council and only in locations specified
in such resolution of Council. Discretionary use requirements are
provided in Section 5.
a. Keeping of livestock, but excluding intensive livestock
operations, poultry farms, hatcheries, or commercial kennels.
Village of Buena Vista Zoning Bylaw — Bylaw No. 7-16
15.3 SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements
Permitted and Discretionary Uses
Minimum site area kg hectares (39.5 acres) for agricultural uses :
Minimum site
frontage
60 meters (197 ft.) abutting a highway or 6.0
meters (20 ft.) abutting a street
P15 meters (49,2 ft.) unless the roperty
abuts a'municipal road, then. the ‘setback is
60 meters: (197 sd from the centerline of. the
munic pal road. ; :
Minimum front yard
7.5 meters (25 ft.) fora dnaiing and
buildings accessory thereto, except the
minimum side yard abutting a public street
shall be 10 meters (32.8 ft.)
| 10,0 meters (32. 8 ft:) for dwellings and:
buildings accessory thereto except: that the
Minimum side yard
Minimum rear yard
minimum: rear yard abutting a public street’
‘shall be 30 meters (98 ft.) ~ ;
15.4 SIGNAGE
.1 One permanent sign is permitted per site. The facial area of a sign
shall not exceed 1.0 m? (10.7 ft?).
.2 In the case of a home occupation, an ad
permitted.
ional permanent sign is
.3 No sign shall be located in any manner that may obstruct or
jeopardize the safety of the public.
Pape 55
)
Village of Buena Vista zoning Bylaw — Bylaw No. 7-16
15.5 SUPPLEMENTARY DEVELOPMENT STANDARDS
-1 Council will consider the applications for permitted and
discretionary use with respect to the following criteria:
a. The infrastructure servicing capacity is available to service the
development without excessive impact on other uses being
served by the system;
b. The proposed development will be consistent with any concept
plans in force in the area and will not be inconsistent with the
future use and development plans of the Village of Buena Vista
Official Community Plan; and,
c. The development will not require the development of new
streets and utility lines except as may be provide for in existing
plans under the Village of Buena Vista Official Community Plan
and that the proposal is not premature.
-2 Where a development is proposed at a location at which standard
connection to the Village existing sewer and water system is not
feasible, the developer shall, at their own expense, provide suitable
water supply and sewage disposal facilities for that development
acceptable to Council and meets The Public Health Act and
Regulations requirements. Domestic waste disposal systems located
on the site and serving only the principal use will be a permitted use
to that principal use.
-3 Any building or structure used for the habitation or shelter of
animals permitted in this Zoning District shall be located a minimum
distance of 76.0 meters (249 ft.) from an occupied dwelling situated
on an adjoining site.
Page 66
Village of Buena Vista Zoning Bylaw — Bylaw No. 7-16
16. FLOOD HAZARD OVERLAY - FH
The intent of the Flood Hazard Overlay (FH) area is to restrict Dangerous Goods Control Regulations of the Environmental
Management and Protection Act of Saskatchewan.
development in areas that are considered hazardous for development in
inimize property damage due to flooding. The followin
order to minimize property damage du : 8 16.3 FLOOD PROOFING REGULATIONS
regulations are intended to apply supplement standards for ; .
-1 A development permit shall not be issued for any land use, erection,
development in areas designated as flood hazard zones. alternation or use of any building or structure within the Flood
Hazard Overlay area unless the site/development meets approved
16.1 DEFINING THE BOUNDARY flood proofing measures 0.5 meters (1.6 ft.) above the 1:500 flood
For all proposed development in this cautionary area, the developer design elevation.
shall be required to contact Saskatchewan Water Security Agency to wae “ge .
detenminedhestS6dwaurcaxumireqenarteed everit‘ene!necesear .2 Any existing buildings may be replaced or expanded subject to
erenmimerthe t.sUUyed quency eve vy appropriate flood proofing measure being provided.
freeboard. .
.3 For the purpose of this Bylaw, appropriate flood proofing measure
16.2 SITE REGULATIONS IN THE FLOOD HAZARD LAND AREAS shall mean buildings shall be designed
.1 Development of new buildings and additions to buildings in the ‘ a at all buildings shall be designed to prevent structural
. damage by flood waters;
: fl ; ,
flood way efi the 1:50 yesrfload elevation of any watereourse:or b. The first floor of all buildings shall be constructed above the
water body shall be prohibited. designated flood design elevation; and,
.2. If the development of new buildings or additions is approved in the c. Allelectrical and mechanical equipment within a building shall
flood fringe, flood-proofing to an elevation of 0.5 meters above the be located above the designated flood design elevation.
1:500 year flood event will be required.
.3 Placement of off-site fill in the flood fringe should be limited to that
required for flood-proofing or flood risk management, in order to
minimize displacement.
.4 Fora proposed development located within the flood fringe, Council
may require the developer to undertake a flood study carried out by
a qualified professional. The study shall determine the 1:500 flood
elevation including the flood way and the flood fringe areas and any
potential impacts and mitigative measures of the proposed
development.
.5 “Hazardous Substances and Waste Dangerous Goods” are
prohibited, as defined by the Hazardous Substances and Waste
Pape 57
17, SLOPE HAZARD OVERLAY - SH
The Intent of the Slope Hazard Overlay (SH) is to restrict development in 2
areas that are considered hazardous for development for reasons of
excessive soil erodability and/or ground instability. The following
regulations are intended to apply supplementary standards for
development in areas designated as having potential for instable soil
conditions due to erosion or excessive slopes.
17.1 DEFINING THE AREA
-1 No new development shall be permitted in any readily eroded or
unstable slope area if the proposed development will be affected by
or increase the potential hazard presented by erosion or slope
instability.
17.2 SITE REGULATIONS IN THE SLOPE HAZARD AREA
-1 Any application for a development permit on any parcel of land that
lies wholly or partially within an area designated in the Slope Hazard
Overlay (SH) must be accompanied by a detailed site analysis 4
prepared by a geotechnical engineer registered in the Province of
Saskatchewan. The site analysis shall indicate topography, surface
drainage, geological, and geotechnical conditions at the site of the
proposed development and related to the conditions of the general
area as they relate to slope instability and erosion hazards.
)
Village of Buena Vista zoning Bylaw — Bylaw No. 7-16
The geotechnical engineer shall answer the following questions:
a. Will the proposed development be detrimentally affected by
natural erosion or slope instability?
b. Will the proposed development increase the potential for
erosion or slope instability that may affect the proposed
development, or any other property?
Unless the geotechnical engineer can answer “no” in response to
both of the above questions, further analysis will be required. The
required analysis must define the hazard as it may affect the
proposed development and any other potentially affected property.
The engineering report will identify hazard mitigation measures
including engineered works and other measures deemed to be
effective in eliminating or managing anticipated erosion and slope
stability impacts, and will identify and explain known and suspected
residual hazards. The responsibility for monitoring and responding
to monitored findings shall be resolved before approval is granted.
If such an evaluation is not done, or having been done, Council
determines that excessive remedial or servicing measures are
necessary to safely and efficiently accommodate the proposed
development, Council shall not be required to approve the
application for development.
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