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Town of Cabri
Zoning Bylaw 2017
THE TOWN OF CABRI
Zoning Bylaw No. 2017-02
1. Pursuant to Sections 45 of the Planning and Development Act, 2007, the Council of the Town of Cabri hereby adopts the Zoning Bylaw,
identified as Schedule "A" to this Bylaw.
2. The Mayor and Administrator are hereby authorized to sign and seal Schedule "A" which is attached to and forms part of this Bylaw.
3. Bylaw No. 355, and any amendments made thereto is hereby repealed.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
____ day of ____________________ 20____
Read a second time this
____ day of ____________________ 20____
Read a third time and passed this
____ day of ____________________ 20____
SEAL
_______________________________
_________________________________
MAYOR
ADMINISTRATOR
THE TOWN OF CABRI
Zoning Bylaw
SCHEDULE "A" to Bylaw No. 2017-02
______________________
MAYOR
SEAL
_______________________
ADMINISTRATOR
Page 1
Table of Contents
1.
Introduction ............................................................................ 4
1.1
Authority.......................................................................... 4
1.2
Title ................................................................................. 4
1.3
Purpose............................................................................ 4
1.4
Scope ............................................................................... 4
1.5
Severability ...................................................................... 4
2.
Definitions ............................................................................... 5
3.
Administration and Interpretation ......................................... 21
3.1
Development Officer ...................................................... 21
3.2
Council ........................................................................... 21
3.3
Application for a Development Permit ........................... 21
3.4
Development Not Requiring a Permit ............................. 21
3.5
Interpretation ................................................................ 22
3.6
Comprehensive Development Reviews ........................... 22
3.7
Development Permit Procedure ..................................... 22
3.8
Discretionary Use Permit Procedure ............................... 23
3.9
General Discretionary Use Evaluation Criteria ................ 24
3.10
Development Permit Application Fees ............................ 25
3.11
Fee for Zoning Amendment Application ......................... 25
3.12
Concurrent Processing of Development Permits, Building
Permits, and Business Licenses .................................................. 25
3.13
Referral Under the Public Health Act .............................. 25
3.14
Development Appeals Board .......................................... 25
3.15
Minor Variance .............................................................. 26
3.16
Non-Conforming Buildings, Uses, and Sites .................... 27
3.17
Development Permit - Invalid ........................................ 27
3.18
Cancellation ................................................................... 27
3.19
Stop-Work ...................................................................... 27
3.20
Bylaw Compliance .......................................................... 27
3.21
Registering Interests ...................................................... 28
3.22
Moving Buildings ............................................................ 28
3.23
Temporary Development Agreements ............................ 28
3.24
Development Levy Agreements ...................................... 28
3.25
Servicing Agreements ..................................................... 28
4.
General Regulations ............................................................... 29
4.1
Licenses, Permits, and Compliance with Other Bylaws and
Legislation ................................................................................. 29
4.2
Principal Use Established ................................................ 29
4.3
Multiple Uses ................................................................. 29
4.4
Uses Permitted in All Zoning Districts ............................. 29
4.5
Number of Principal Buildings on a Site .......................... 29
4.6
Accessory Buildings, Uses, and Structures ...................... 29
4.7
Front Yard Reduction ..................................................... 30
4.8
Frontage for Irregular Lots .............................................. 30
4.9
Permitted Yard Encroachments ...................................... 30
4.10
Site Grading, Leveling, and Drainage............................... 30
4.11
Height of Buildings ......................................................... 30
4.12
Heritage Properties ........................................................ 30
4.13
Signage of Natural and Human Heritage Sites ................. 30
4.14
Signage .......................................................................... 30
4.15
Buffer Strips ................................................................... 31
4.16
Closings .......................................................................... 31
4.17
Satellite Dishes ............................................................... 31
4.18
Private Garages, Carports, Sunrooms, Solariums, and
Greenhouses ............................................................................. 31
4.19
Trailers, Box Cars, Sea and Rail Containers ...................... 31
4.20
Swimming Pools ............................................................. 31
4.21
Disposal of Wastes ......................................................... 32
4.22
Fence and Hedge Heights ............................................... 32
4.23
Solid and Waste Disposal Facilities ................................. 32
5.
Discretionary Use Standards for Development ....................... 33
5.1
Terms and Conditions for Discretionary Approvals ......... 33
5.2
Home Occupations ......................................................... 33
5.3
Secondary Suites ............................................................ 34
5.4
Modular Homes ............................................................. 34
5.5
Bed and Breakfast Homes .............................................. 34
5.6
Daycare Centres and Pre-Schools ................................... 34
5.7
Adult Daycares ............................................................... 34
5.8
Residential Care homes .................................................. 35
5.9
Campgrounds ................................................................. 35
5.10
Garden Suites ................................................................. 35
5.11
Above-Ground Fuel Storage Tanks .................................. 36
Page 2
6.
Zoning Districts and Zoning Map ............................................ 37
6.1
Zoning Districts .............................................................. 37
6.2
The Zoning District Map ................................................. 37
6.3
Boundaries of the Zoning Districts .................................. 37
6.4
Holding Designation ....................................................... 37
7.
Residential Single Dwelling District - R1 ................................. 38
7.1
Permitted Uses .............................................................. 38
7.2
Discretionary Uses ......................................................... 38
7.3
Site Development Regulations ........................................ 38
7.4
Accessory Buildings and Structures ................................ 39
7.5
Fence and Hedge Height ................................................ 39
7.6
Signage .......................................................................... 39
7.7
Parking ........................................................................... 40
7.8
Outdoor Storage ............................................................ 40
7.9
Discretionary Use Evaluation Criteria ............................. 40
8.
Residential Multiple Dwelling District - R2 ............................. 41
8.1
Permitted Uses .............................................................. 41
8.2
Discretionary Uses ......................................................... 41
8.3
Site Development Regulations ........................................ 41
8.4
Accessory Buildings and Structures ................................ 43
8.5
Fence and Hedge Height ................................................ 43
8.6
Signage .......................................................................... 43
8.7
Parking ........................................................................... 44
8.8
Outdoor Storage ............................................................ 44
8.9
Discretionary Use Evaluation Criteria ............................. 44
9.
Town Centre Commercial District - C1 ................................... 45
9.1
Permitted Uses .............................................................. 45
9.2
Discretionary Uses ......................................................... 45
9.3
Site Development Regulations ........................................ 46
9.4
Accessory Buildings ........................................................ 46
9.5
Signage .......................................................................... 46
9.6
Parking ........................................................................... 46
9.7
Landscaping ................................................................... 46
9.8
Discretionary Use Evaluation Criteria ............................. 47
10. Highway Commercial District - C2.......................................... 48
10.1
Permitted Uses .............................................................. 48
10.2
Discretionary Uses.......................................................... 48
10.3
Prohibited Uses .............................................................. 48
10.4
Site Development Regulations ........................................ 49
10.5
Accessory Buildings ........................................................ 49
10.6
Fence and Hedge Heights ............................................... 49
10.7
Landscaping ................................................................... 49
10.8
Parking ........................................................................... 49
10.9
Loading Requirements.................................................... 49
10.10 Signage .......................................................................... 50
10.11 Outdoor Storage ............................................................ 50
10.12 Discretionary Use Evaluation Criteria.............................. 50
11. Industrial District - IND .......................................................... 52
11.1
Permitted Uses............................................................... 52
11.2
Discretionary Uses.......................................................... 52
11.3
Site Development Regulations ........................................ 52
11.4
Accessory Buildings ........................................................ 53
11.5
Fence and Hedge Heights ............................................... 53
11.6
Landscaping ................................................................... 53
11.7
Parking ........................................................................... 53
11.8
Loading Requirements.................................................... 53
11.9
Signage .......................................................................... 53
11.10 Outdoor Storage ............................................................ 53
11.11 Discretionary Use Evaluation Criteria.............................. 54
11.12 Performance Standards .................................................. 54
12. Community Service District - CS............................................. 56
12.1
Permitted uses ............................................................... 56
12.2
Discretionary Uses.......................................................... 56
12.3
Site Development Regulations ........................................ 56
12.4
Accessory Buildings ........................................................ 57
12.5
Signage .......................................................................... 57
12.6
Parking ........................................................................... 57
12.7
Landscaping ................................................................... 57
13. Future Urban Development - FUD .......................................... 58
13.1
Permitted Uses............................................................... 58
13.2
Discretionary Uses.......................................................... 58
13.3
Site Development Regulations ........................................ 58
Page 3
13.4
Signage .......................................................................... 58
13.5
Supplementary Regulations ............................................ 58
14. Agricultural Resource District - AR.......................................... 60
14.1
Permitted Uses .............................................................. 60
14.2
Discretionary Uses ......................................................... 60
14.3
Site Development Regulations ........................................ 60
14.4
Signage .......................................................................... 60
14.5
Supplementary Development Standards ........................ 60
15. Flood Hazard Overlay - FH ...................................................... 62
15.1
Defining the Boundary ................................................... 62
15.2
Site Regulations in the Flood Hazard Land Areas ............ 62
15.3
Flood Proofing Regulations............................................. 62
Page 4
1.
INTRODUCTION
1.1
AUTHORITY
1.1.1
Under the authority granted by The Planning and Development
Act, 2007, the Mayor and Council of the Town of Cabri in the
Province of Saskatchewan, in an open meeting, hereby enacts as
follows:
1.2
TITLE
1.2.1
This Bylaw shall be known and may be cited as the Zoning Bylaw
of the Town of Cabri.
1.3
PURPOSE
1.3.1 The purpose of this Bylaw is to regulate development and to
control the use of land in the Town of Cabri in accordance with
the Town of Cabri Official Community Plan Bylaw No. 2017-01.
1.3.2
The intent of this Zoning Bylaw is to provide for the amenity of
the area within the Town of Cabri (hereinafter referred to as the
Town) and for the health, safety, and general welfare of the
inhabitants of Cabri and area:
a. To minimize land use conflicts;
b. To establish minimum standards to maintain the amenity of
the Town;
c. To ensure development is consistent with the physical
limitations of the land;
d. To restrict development that places undue demand on the
Town for services; and,
e. To provide for land use and development that is consistent
with the goals and objectives of the Town.
1.4
SCOPE
1.4.1
This Bylaw applies to all land included within the boundaries of
the Town of Cabri. All development within the limits of the
Town shall hereafter conform to the provisions of this Bylaw.
1.5
SEVERABILITY
1.5.1
A decision of a Court that one or more of the provisions of this
Bylaw are invalid in whole or in part does not affect the validity,
effectiveness, or enforceability of the other provisions or parts
of the provisions of this Bylaw.
Page 5
2.
DEFINITIONS
Whenever the subsequent words or terms are used in this Bylaw and the Town of Cabri Official Community Plan Bylaw No. 2017-01, they shall have the
following definition unless the context indicates otherwise.
A
Abattoir: A facility for butchering or slaughtering animals, and to dress,
cut, inspect meats, refrigerate, cure, and manufacture by-products.
Accessory: A building or use that:
a. Is subordinate to and serves the principal building or principal
use;
b. Is subordinate in area, mass, extent, and purpose to the
principal building or principal use served;
c. Contributes to the comfort, convenience, or necessity of
occupants of the principal building or assists the principal use;
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 Town of Cabri.
Aggregate Resource: See Quarriable Substance.
Agricultural: A use of land, buildings, or structures for the purpose of
animal husbandry, fallow, field crops, forestry, market gardening,
pasturage, private greenhouses and includes the growing, packing,
treating, storing, and sale of produce produced on the premises and
other similar uses customarily carried on in the field of general
agriculture.
Alteration or Altered: With reference to a building, structure, or site
means a change from one (1) major occupancy class or division to
another, or a structural change such as an addition to the area or
height, or the removal or part of a building, or any change to the
structure such as the construction of, cutting into or removal of any
wall, partition, column, beam, joist, floor or other support, or a change
to or closing of any required means of egress or a change to the fixtures,
equipment, cladding, trim, or any other items regulated by this Bylaw
such as parking and landscaping.
Ancillary Use: A secondary and subordinate use to the principal 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.
Attic: That portion of a building situated wholly or in part within the
roof and which is less than one-half (1/2) story.
Page 6
Automobile (Motor Vehicle): A self-propelled passenger vehicle that
usually has two (2) or 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.
B
Basement: That portion of a building that is partly or wholly
underground.
Bed and Breakfast: A dwelling unit, licensed as a tourist home under
The Tourist Accommodation Regulations, 1969, in which overnight
accommodation within the dwelling unit, along with one (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 Town of Cabri to regulate the erection,
alteration, repair, occupancy, or maintenance of buildings and
structures.
Building Height: The vertical distance of a building measured from the
grade level to the highest point of the roof.
Building Permit: A permit, issued under the Building Bylaw of the Town
of Cabri, 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
card-lock operation.
Business Support Services: Activities intended to provide
administrative, promotional, or technical support for commercial and
industrial activities.
Bylaw: The Town of Cabri Zoning Bylaw.
C
Campground: An area used for a range of overnight camping
experiences, from tenting to serviced trailer sites, including accessory
facilities which support the use, such as administration offices and
laundry facilities, but not including the use of mobile homes or trailers
on a permanent year-round basis.
Cardlock Operation: A petroleum dispensing outlet without full-time
attendants.
Carport: A building or structure or part thereof, where at least 40% of
the area of the perimeter is open and unobstructed by a wall, door, post
or pier and which is used for the parking or storage of motor vehicles.
Page 7
Cemetery: A cemetery or columbarium within the meaning of The
Cemeteries Act Chapter C-4, R.S.S. 1981, as amended from time to time.
Club: A group of people organized for a common purpose, to pursue
common goals, interest or activities, and usually characterized by
certain membership qualifications, payment of dues or fees, regular
meetings, and a constitution and bylaws.
Commercial Use: The use of land, building(s), or structure(s) for the
purpose of buying and selling commodities, and supplying professional
and personal services for compensation.
Commercial/Industrial Use, Large Scale: Commercial or industrial land
uses maintaining a lineal frontage in excess of 90.0 metres (295 ft.).
Commercial/Industrial Use, Small Scale: Commercial or industrial land
uses maintaining a lineal frontage of less than 90.0 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 Town of Cabri.
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 0.3 metres (1.0 ft.) above the
average ground level upon which it is constructed, either adjacent to a
building or free-standing with stairway, ramp, or similar access.
Development: The carrying out of any building, engineering, mining, or
operations in, on, or over land, or making of any material change in the
use or intensity of use of any building, or land, and shall include, but not
be limited to, excavating, filling, grading or drainage of land.
Development Officer: A person appointed by the Town Council to act as
a Development Officer to administer this Bylaw.
Page 8
Demolition Permit: A permit issued for the removal or dismantling of a
building or structure within the Town's boundaries as prescribed under
Section 13 of The Uniform Building and Accessibility Standards Act.
Development Permit: A document issued by the Council of the Town of
Cabri that authorizes development pursuant to this Bylaw, but does not
include a building permit.
Directional Signage: Signage located off-site providing direction to, and
information about, a specific enterprise or activity which does not
contain general advertising.
Discretionary Use: Uses or development of land, buildings, or other
structures that may be permitted in a Zoning District only at the
discretion of Council and which conforms to all discretionary use
regulations and other regulations applicable to the district in which the
use is located.
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 that is divided into two (2) dwelling units
with separate entrances and separated by a common party wall.
Dwelling Group: A group of single-detached, semi-detached, or multiple
unit dwellings clustered on one (1) lot or site, built as one (1)
development.
Dwelling, Multiple Unit: A building containing three (3) or more
dwelling units and shall include condominiums, townhouses, row
houses, and apartments as distinct from a rooming house, hotel, or
motel.
Dwelling, Semi-Detached: A building divided vertically into two (2)
dwelling units by a common wall extending from the base of the
foundation to the roofline.
Semi-Detached Dwelling
Dwelling, Single-Detached: A building containing only one (1) dwelling
unit, and shall not include a mobile home as herein defined.
Single-Detached Dwelling
Dwelling, Townhouse: A dwelling, designed as one (1) cohesive
building in terms of architectural design, which contains three (3) or
more similar attached dwelling units each of which fronts on a street,
has direct access to the outside at grade and is not wholly or partly
above another dwelling.
Town House Dwelling
Page 9
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 Town.
Flanking: Means to the side of a lot, parcel, or site.
Flood: A temporary rise in the water level that results in the inundation
of areas not ordinarily covered by water.
Floodway: The portion of the flood plain adjoining the channel where
the waters in the 1:500 year flood are projected to meet or exceed a
depth of one meter (1) or a velocity of one (1) meter per second.
Flood-proofed: A measure, or combination of structural and non-
structural measures, incorporated into the design of a structure which
reduces or eliminates the risk of flood damage to a defined elevation.
Flood Fringe: The portion of the flood plain where the waters in the
1:500 year flood are projected to be less than a depth of one meter (1)
or a velocity of one meter (1) per second.
Cross-section of a Flood Fringe and Floodplain
Floor Area: The maximum area contained within the outside walls of a
building, excluding in the case of a dwelling, any private garage, porch,
veranda, open deck, unfinished attic, or unfinished basement or cellar
and in a commercial or industrial building, any utility room.
Future Land Use Map: In its projections, the map specifies certain areas
for growth and others for residential, industry, commercial and
conservation. The Future Land Use Map for Cabri is attached as
Appendix "A "in the Official Community Plan.
Frontage (Lot Frontage): The distance across the street side of a lot (a
lot must front on a street), between the points where the side lines of
the lot meet the street right-of-way or boulevard; or, where a lot is
irregular in shape and is narrowest at the front street end, the width of
the lot shall be measured parallel to the street line at the centre of the
front lot line, and at a setback from the front lot line no greater than the
minimum permitted building setback.
G
Garage, Private: A building or part of a building used for or intended to
be used for the storage of motor vehicles and wherein neither servicing
nor repairing of such vehicles are carried on for remuneration.
Garage, Public: A building or place where motor vehicles are stored or
repaired for remuneration but does not include car washing
establishments, an auto sales lot or an automobile service station.
Page 10
Garden Suite: A second, small, dwelling on the site of a primary, single-
family dwelling that accommodates one (1) or two (2) persons and is
intended to allow the people to live independently but with the support
nearby of the owner.
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 (4)
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.
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.
Page 11
I
Industrial Exclusionary Uses: Refers to certain industrial activities that
may be characterized as exhibiting a high potential for adversely
affecting the safety, use, amenity or enjoyment of adjacent and nearby
industrial and non-industrial sites due to their scale, appearance, noise,
odour, emissions, and hazard potential. Such activities are considered
exclusionary when the only means of mitigating the associated negative
effects on surrounding land uses is through spatial separation.
Exclusionary uses 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) or more domestic animals.
L
Landfill: A specially engineered site for disposing of solid waste on land,
constructed so that it will reduce hazard to public health and safety.
Landscaped Area: An area not built upon and not used for any purpose
other than as an open space that may include grass, shrubs, flowers,
trees, and similar types of vegetation and may contain paths, walks,
patios, fences and similar outdoor amenities, 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 products, or
as breeding stock, but excluding companion animals.
Loading Space: A space measuring at least 2.5 metres (8.2 ft.) in width
and 8.5 metres (27.9 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.
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, 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.
Page 12
M
Manufacturing Establishment: A firm or business engaged in the
mechanical or chemical transformation of materials or substances into
new products including the assembling of component parts, the
manufacturing of products and the blending of materials.
Marquee: A roof-like structure of a permanent nature which projects
from the wall of a building that is independently supported by a system
of columns or piers without walls over an entrance to a building.
Mayor: The Mayor of the Town of Cabri.
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 to a
sewage system; and that conforms to the Canadian Standards
Association Standard #Z240.
Double-Wide Mobile Home
Mobile Home Park: A site under single management for the placement
of two (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 (1) 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
foundation (may have a basement), having architectural features similar
to permanent residential dwellings built on site in the Town, and
conforming to Canadian Standards Association (CSA) Standard A277.
Modular (Manufactured) Home
Page 13
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 Town of Cabri.
Municipal Reserve: Dedicated lands that are provided to a municipality
for public use, or that were dedicated as public reserve and transferred
to a municipality pursuant to of The Planning and Development Act,
2007.
Museum: An institution that is established for the purpose of acquiring,
conserving, studying, interpreting, assembling, and exhibiting to the
public for its instruction and enjoyment, a collection or artifacts of
historical interest.
N
Natural Areas: An area relatively undisturbed by human activities and
characterized by indigenous species including remnant or self-sustaining
areas with native vegetation, water, or natural features.
Non-Conforming Use: Any use of land, building or structure lawfully
existing or under construction where permits have been issued at the
time of the passing of this Bylaw, the use of which does not comply with
all the regulations of this Bylaw governing the Zoning District in which it
is located.
Noxious Use or Condition: Any use or facility that causes or produces
harmful or hazardous noise, vapours, smoke, dust (particles suspended
in or transported by air), vibrations, electrical or electromagnetic fields,
glare, or light.
O
Office or Office Building: A building or part of a building used primarily
for conducting the affairs of a business, profession, service, industry or
government in which no goods or commodities of business or trade are
stored, trans-shipped, sold, or processed.
Official Community Plan (OCP): The Town of Cabri Official Community
Plan Bylaw No. 2017-01, as per Section 32 of The Planning and
Development Act, 2007.
Open Space: Passive and structure leisure and recreation areas that
enhance the aesthetic quality and conserve the environment of the
community, including parks, recreation and tourism nodes, and natural
areas.
Outdoor: Maintenance services have all or any portion of their
operations located outside of an enclosed building.
Page 14
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 (8.2 ft.) wide and 5.5 metres
(18.0ft.) in length.
Pasture: A site that is used for the raising and feeding of livestock by
grazing.
Patio: Any hard surface or floor structure less than 0.3 metres (1.0 ft.)
above the average ground level upon which it is constructed.
Permitted Use: The use of land, buildings, or other structures that shall
be permitted in a Zoning District where all requirements of this Zoning
Bylaw are met.
Person: A person shall apply to an individual, association, firm,
partnership, corporation, trust, or agent, and their heirs, executors, or
other legal representatives of a person to whom the same can apply
according to the law.
Personal Care Home: A facility licensed under the Personal Care Homes
Act that provides long term residential, social, and personal care,
including accommodation, meals, supervision, or assistance for persons
who have some limits on ability for self-care, and are unrelated to the
operator or owner.
Personal Service Trades: A building or part of a building in which
persons are employed in furnishing services and administering to
customer's personal and/or grooming needs, but does not include the
provision of health related services.
Places of Worship: A building set aside by any religious organization for
public worship. Typical uses include churches, chapels, mosques,
temples, synagogues, and parish halls.
Pond: Any constructed containment of water for the purpose of
landscape enhancement, keeping ornamental fish or aquatic plants, or
for other similar purposes, but not a swimming pool.
Principal Use: The main or primary activity, for which a site or its
buildings are designed, arranged, developed or intended, or for which is
occupied or maintained.
Public Work: A facility as defined under The Planning and Development
Act, 2007 including a system, work, plant, equipment, or service,
whether owned or operated by the Municipality, or by a corporation
under federal or provincial statute, that furnishes any of the following
services and facilities to, or for the use of, the inhabitants of the Town
of Cabri:
Communication by way of telephone lines, optical cable,
microwave, and cable;
Television services;
Delivery of water, natural gas, and electricity;
Public transportation by bus, rail, or other vehicle production,
transmission;
Collection and disposal of sewage, garbage, and other wastes;
and,
Fire and police services.
Q
Quarriable Substance: Any mineral substance, the property of the
Crown in the right of Saskatchewan, which is capable of being quarried
and includes bentonite, building stone, granite, gravel, gypsum,
limestone, marble, marl, sand, slate, volcanic ash, and any other
substance which may from time to time be declared by the Lieutenant
Governor in Council to be a quarriable substance within the meaning of
these regulations.
Page 15
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 m² (10.8 ft²).
Recreational Use: The use of land for parks, playgrounds, tennis courts,
lawn bowling greens, indoor and outdoor skating rinks and curling rinks,
athletic fields, golf courses, picnic areas, swimming pools, day camps,
community centres and all similar uses, together with the necessary and
accessory building sand structures; but does not include the racing of
animals or motorized vehicles.
Recreational Vehicle: A vehicle, such as a camper or motor home, used
for traveling and recreational activities.
Recreational Vehicle (RV) Park: An area of land, managed as a unit,
providing short-term accommodation for motor homes and camping
trailers, including accessory facilities such as administration offices and
laundry facilities.
Recycling Collection Depot (Neighbourhood): A building or structure
used for the collection and temporary storage of recyclable household
material such as bottles, cans, plastic containers, paper and paint, but
shall not include the processing of recyclable material other than
compaction; the collection and storage of oil, solvents or other
hazardous material; or, outdoor compaction or storage.
Recycling Collection Facility (Commercial): A building or structure
intended to accommodate the collection, sorting, processing, and
temporary storage of recyclable materials that would otherwise be
considered waste. These types of uses include outdoor processing or
storage.
Redevelopment (See Infill Development).
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 manufacturing of products on
site for sale on the site so long as the gross floor area used for
manufacturing does not exceed 25% of the gross floor area of the retail
store.
Right-of-Way: The land set aside for use as a roadway or utility corridor.
Right-of-ways 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 right-of-ways 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.
Page 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 (1) or
more contiguous and/or non-contiguous lot or site, in which four (4) or
more of the uses allowed in the Zoning District are co-located for their
mutual benefit including the use of off-street parking and other joint
facilities.
Should, Shall, or May;
Shall is an operative word which means the action is obligatory.
Should is an operative word which means that in order to achieve
plan objectives, it is strongly advised that the action be taken.
May is an operative word meaning a choice is available, with no
particular direction or guidance intended.
Sign: Any device, letter, symbol, emblem or picture, that is affixed to or
represented directly or indirectly upon a building, structure, or a piece
of land and that identifies or advertises any object, product, place,
activity, person, organization, or business in such a way as to be visible
to the public on any street, thoroughfare, or any other public place.
Sign, Billboard: A private free standing sign, including supporting
structure, which advertises goods, products, services, organizations, of
facilities that are available from, located on, or refer to, a site other than
the site on which the sign is located.
Sign, Canopy: A sign attached to, or painted on an awning, canopy or
freestanding canopy.
Page 17
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 (1.6 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 building for support and which projects more than 0.5 metres
(1.6 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.
Site Area: The total horizontal area within the site lines of a site.
Site, Corner: A site at the intersection of two (2) or more public streets,
or upon two (2) parts of the same street, the adjacent sides of which
street or streets (or, in the case of a curved corner, the tangents at the
street extremities of the side site lines) contain an angle of not more
than one hundred thirty-five (135) degrees. In the case of a curved
corner, the corner of the site shall be that point on the street at the
point of intersection of the said tangents.
Site Coverage: The percentage of the site area covered by all the
buildings above the ground level.
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.
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.
Page 18
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 (5.3
ft.) and 2.3 metres (7.6 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 m2 (6501.6 ft2)
in gross floor area in which a minimum of three (3) and a maximum of
six (6) of the permitted or discretionary uses of the Zoning District are
located together for their mutual benefit.
Structural Alteration: The construction or reconstruction of supporting
elements of a building or other structure.
Structure: Anything that is built, constructed or erected that is located
on the ground or attached to something located on, or in the ground.
Subdivision: A division of land, and includes a division of a quarter
section into legal subdivision as described in the regulations made
pursuant to The Land Surveys Act, 2000.
Swimming Pool: Any body of water permanently located outdoors or
indoors, contained by artificial means and used and maintained for the
purpose of swimming, wading, or diving and having a depth of 0.6
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.
Town: The Town of Cabri.
Town Administrator: The Administrator of the Town of Cabri.
Page 19
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
premise, or part thereof is arranged, designed, or intended, occupied, or
maintained.
Used For: Includes "arranged for", "designed for", "intended for",
"maintained for", and "occupied for".
Utility Shed: An accessory building or structure used for the storage of
goods with a maximum floor area of 9.3 m² (100 ft²).
V
Vehicle Repair and Maintenance Service Indoor: Includes all land uses
which perform maintenance services to motorized vehicles and contain
all operations (except vehicle storage) entirely within an enclosed
building.
W
Warehouse: A building used for the storage and distribution of
wholesale goods and materials.
Waste Disposal Facility, Liquid: A facility to accommodate any waste
which contains animal, mineral, or vegetable matter in solution or
suspension, 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.
Wind Turbine, Mechanical: An individual component of a Wind Energy
Conversion System which converts kinetic wind energy to mechanical
energy through motion.
Page 20
Work Camp: A temporary industrial or construction camp established
for the purpose of providing accommodation for employees, and
without restricting the generality of the above, the camp is usually
made up of a number of mobile units, clustered in such a fashion as to
provide sleeping, eating, and other basic living facilities.
Y
Yard: Open, uncovered space open to the sky on the same site with a
building or structure.
Yard, Front: The area between the side site lines and the front site line
to the front building line.
Yard, Rear: The area between the side site lines and the front site line to
the rear building line (corner and interior).
Yard, Required: The minimum yard required by a provision of this Bylaw
and within which, unless specifically permitted, no building or structure,
or part of a building or structure shall be erected.
Yard, Side: The area between the front and rear yards and between the
side site line and the side building line (See Location and measurement
of setbacks drawing).
Location and Measurement of Setbacks
Page 21
3.
ADMINISTRATION AND INTERPRETATION
3.1
DEVELOPMENT OFFICER
3.1.1 The Administrator of the Town of Cabri shall be the Development
Officer responsible for the administration of this Bylaw and in
their absence by such other employee of the Municipality as the
Council designates from time to time.
3.1.2 The Development Officer shall:
a. Receive, record, and review development permit applications
and issue decisions in consultation with Council, particularly
those decisions involving, discretionary uses, development
permit conditions, and development and servicing
agreements;
b. Maintain, for inspection by the public during office hours, a
copy of this Bylaw, zoning maps and amendments, and ensure
that copies are available to the public at a reasonable cost;
c. Make available, for public inspection during office hours, a
register of all development permits and subdivision
applications and decisions;
d. Collect development fees, according to the fee schedule
established in this Bylaw or any other Development Fee Bylaw
adopted by the Town; and,
e. Perform other duties as determined by Council.
3.1.3 The Development Officer shall be empowered to make a decision
regarding a development permit application for a permitted use.
3.2
COUNCIL
3.2.1 Council shall make all decisions regarding discretionary uses,
development and servicing agreements, and Zoning Bylaw
amendments.
3.2.2 Council shall make a recommendation regarding all subdivision
applications circulated to it by Saskatchewan Ministry of
Government Relations, prior to a decision being made by the
Minister.
3.2.3 Council shall act on discretionary use, rezoning, and subdivision
applications in accordance with the procedures established by The
Planning and Development Act, 2007 and in accordance with the
Town of Cabri Official Community Plan.
3.3
APPLICATION FOR A DEVELOPMENT PERMIT
3.3.1 Unless the proposed development or use is exempt from
development permit requirements, before commencing any
principal or accessory use development, including a public utility
use, every developer shall:
a. Complete and submit a development permit application; and,
b. Receive a development permit for the proposed
development.
3.3.2 A development permit shall not be issued for any use in
contravention of any of the provisions of this Bylaw and the Town
of Cabri Official Community Plan.
3.3.3 Except where a particular development is specifically exempted
by Section 3.4 of this Bylaw, no development or use shall
commence without a development permit first being obtained.
3.4
DEVELOPMENT NOT REQUIRING A PERMIT
3.4.1
RESIDENTIAL ZONING DISTRICT
a. Buildings and structures under 9.3 m² (100 ft2) in area, which
are accessory to a principal, residential use except where such
dwelling is a discretionary use;
b. The television antennae or radio antennae; and/or,
c. Relocation of any residential or accessory building provided
development standards are still met on the site.
3.4.2
COMMERCIAL ZONING DISTRICTS
a. Buildings and structures 9.3 m2 (100 ft2) that are accessory to
a permitted, principal, commercial use, except where such use
is discretionary; and/or,
b. A temporary building, the sole purpose of which is incidental
to the erection or alteration of a building for which a building
permit has been granted.
Page 22
3.4.3
OFFICIAL USES
Uses and buildings undertaken, erected, or operated by the
Town.
3.4.4
INTERNAL ALTERATIONS
a. Residential Buildings:
Internal alterations to a residential building, provided that
such alterations do not result in a change of use 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.
3.4.5
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
3.5.1 Where any provision of this Bylaw appears unclear, Council shall
make the final Bylaw interpretation.
3.5.2 All Bylaw requirements shall be based on the stated metric units.
The imperial units shown in this Bylaw shall be approximate
guidelines only.
3.6
COMPREHENSIVE DEVELOPMENT REVIEWS
3.6.1 A Comprehensive Development Review may be completed prior
to consideration of an application by Council by any person
proposing to rezone for multi-parcel (greater than 2) residential,
recreational, commercial, or industrial purposes. The purpose of
this review is to identify and address social, environmental,
health, and economic issues and to encourage the development
of high quality residential, recreational, commercial, and industrial
developments. The scope and required detail of the
Comprehensive Development Review will be based on the scale
and location of the proposed development, and address such
areas as the following:
a. Proposed land use(s) for various parts of the area;
b. The effect on adjacent land uses and integration of the
natural landscape regarding the planning and design of the
area;
c. The location of, and access to, major transportation routes
and utility corridors;
d. The provision of services respecting the planning for future
infrastructure within the Municipality;
e. Sustainable development and environmental management
practices regarding surface and groundwater resources, storm
water management, flooding and protection of significant
natural areas; and,
f. Appropriate information specific to the particular land use
(residential, commercial or industrial).
3.6.2 The Comprehensive Development Review must be prepared in
accordance with the overall goals and objectives of the Town of
Cabri 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
3.7.1 Where an application for a development permit is made for a
permitted use in conformity with this Bylaw, The Planning and
Development Act, 2007, and all other Town Bylaws, the Council
shall hereby direct the Development Officer to issue a
development permit.
Page 23
3.7.2 As soon as an application has been made for a development
permit and prior to making a decision, the Development Officer
may refer the application to whichever government agencies or
interested groups Council may consider appropriate. The
Development Officer may also require the application to be
reviewed by planning, engineering, legal, or other professionals,
with the cost of this review to be borne by the applicant.
3.7.3 A copy of all approved development permit applications, involving
the installation of water and sanitary services, shall be sent to the
Health Authority.
3.7.4 Upon approval of a permitted or accessory use, the Development
Officer shall issue a development permit for the use at the
location and under such terms and development standards
specified by the Official Community Plan and this Bylaw.
3.7.5 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.
3.7.6 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
3.8.1 The following procedures shall apply to discretionary use
applications:
a. Applicants must file with the Development Officer the
prescribed application form, a site plan, any other plans and
supplementary information as required by the Development
Officer and pay the required application and public hearing
fees;
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 75.0
meters (246.1 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;
e. The Development Officer will prepare a report concerning the
application which may contain recommendations, including
recommendations that conditions of approval be applied in
accordance with Section 54 of The Planning and Development
Act, 2007;
f. The Development Officer will set a date for the public hearing
at which time the application will be considered by Council
and if deemed necessary, provide notice to assessed owners
of property indicating so within the information packages
provided as part of the notification process;
g. Council shall consider the application together with the
reports of the Development Officer and any written or verbal
submissions received by Council;
h. Council may reject the application or approve the application
with or without conditions, including a condition limiting the
length of time that the use may be conducted on the site;
and,
i.
The applicant shall be notified of Council's decision by regular
mail addressed to the applicant at the address shown on the
application form.
3.8.2 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.
Page 24
3.8.3 In approving a discretionary use application, Council may
prescribe specific development standards with respect to that use
or form of development, provided those standards are necessary
to secure the following objectives:
a. The proposal, including the nature of the proposed site, the
size, shape and arrangement of buildings, and the placement
and arrangement of lighting and signs, must be generally
compatible with the height, scale, setbacks, and design of
buildings in the surrounding area, and with land uses in the
general area, including safeguards to prevent noise, glare,
dust, or odour from affecting nearby properties;
b. The proposal must provide adequate access and circulation
for the vehicle traffic generated, as well as providing an
adequate supply of on-site parking and loading spaces; and,
c. The proposal must provide sufficient landscaping and
screening, and, wherever possible, shall preserve existing
vegetation.
3.8.4 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.
3.8.5 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.
3.8.6 Council's approval of a discretionary use application is valid for a
period of twelve (12) months from the date of the approval. If the
proposed use or proposed form of development has not
commenced within that time, the approval shall no longer be
valid. The Development Officer shall advise the applicant and
Council when a prior approval is no longer valid.
3.8.7 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.
3.9.1 The proposal must be in conformance with all relevant sections of
the Official Community Plan and must demonstrate that it will
maintain the character, density, and purpose of the Zoning
District, where necessary through the provision of buffer areas,
separation and screening.
3.9.2 The proposal must be capable of being economically serviced by
community infrastructure including roadways, water and sewer
services, solid waste disposal, parks, schools, and other utilities,
and community facilities.
3.9.3 The proposal will have consideration for the health, safety,
convenience, or general welfare of persons residing or working in
the vicinity or that it is not injurious to property, improvements or
potential development in the vicinity.
3.9.4 The proposal will have consideration for landscaping and
screening, and, wherever possible, preserve existing vegetation.
3.9.5 No new or expanded discretionary uses are to be located in the
1:500 flood elevations or on hazard lands without appropriate
studies completed by qualified professionals with accompanying
mitigation measures.
3.9.6 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.
Page 25
3.9.7 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.
3.9.8 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.
3.9.9 All operations must comply with all regulations of Saskatchewan
Environment and Saskatchewan Labour which govern their
operation and development.
3.10 DEVELOPMENT PERMIT APPLICATION FEES
3.10.1 An applicant seeking the approval of a development permit
application shall pay the following fee: $25.00 or shall pay the
required fee as set out in a separate Development Fee Bylaw of
the Municipality.
3.10.2 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.
3.10.3 An applicant seeking a discretionary use approval shall pay the
required non-refundable fee: $100.00 or shall pay the required
fee as set out in a separate Development Fee Bylaw of the
Town.
3.11 FEE FOR ZONING AMENDMENT APPLICATION
3.11.1 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
3.12.1 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
3.13.1 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
3.14.1 Council shall appoint a Development Appeals Board consisting
of three (3) members, to hear and determine appeals in
accordance with Section 213 to 227 inclusive, of The Planning
and Development Act, 2007.
3.14.2 RIGHT OF APPEAL
a. In addition to any other right of appeal provided by The
Planning and Development Act, 2007, and any other Act, a
person affected may appeal to the Board if there is:
i. Alleged misapplication of the Zoning Bylaw in the
issuance of a development permit;
ii. A refusal to issue a development permit because it would
contravene the Zoning Bylaw; or,
iii. An issuance of a written order from the Development
Officer.
Page 26
b. There is no appeal pursuant to 3.14.2.a.ii if a development
permit was refused on the basis that the use in the Zoning
District for which the development permit was sought:
i. Is not a permitted use or a permitted intensity of use;
ii. Is a discretionary use or discretionary use of intensity
that has not been approved by resolution by Council; or,
iii. Is a prohibited use.
c. Appellants may appeal where they are of the opinion that
development standards prescribed by Council with respect
to a discretionary use exceed those necessary to secure the
objectives of the Zoning Bylaw;
d. An appellant shall make the appeal pursuant to 3.14.2.a
within 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
3.15.1 The Development Officer may vary the requirements of this
Bylaw subject to the following requirements:
a. A minor variance may be granted for the following only:
i. Minimum required distance of a building from a lot line;
and,
ii. The minimum required distance of a building from any
other building on the lot.
b. The maximum amount of a minor variance shall be 10%
variation from the requirements of this Bylaw;
c. The development must conform to all other requirements
of this Bylaw;
d. The relaxation of the Bylaw requirement must not
injuriously affect a neighbouring property; 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.
3.15.2 An application form for a minor variance shall be in a form
prescribed by the Development Officer and shall be
accompanied by an application fee of $100.00.
3.15.3 Upon receipt of a minor variance application the Development
Officer may:
a. Approve the minor variance;
b. Approve the minor variance and impose terms and
conditions on the approval; or,
c. Deny the minor variance.
3.15.4 Terms and conditions imposed by the Development Officer shall
be consistent with the general development standards in this
Bylaw.
3.15.5 Where a minor variance is refused, the Development Officer
shall notify the applicant in writing, providing reasons for the
refusal.
3.15.6 Where a minor variance is approved, with or without terms, the
Development Officer shall provide written notice to the
applicant and to the assessed owners of the property having a
common boundary with the applicant's land that is the subject
of the approval.
3.15.7 A decision to approve a minor variance, with or without terms
and conditions, does not take effect:
a. In the case of a notice sent by regular mail, until 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.
3.15.8 If an assessed owner of a property having an adjoining property
with the applicants land objects to the minor variance in writing
to the Development Officer within the prescribed time period,
the approval is deemed to be revoked and the Development
Officer shall notify the applicant in writing:
a. Of the revocation of the approval; and,
Page 27
b. Of the applicant's right to appeal the revocation to the
Development Appeals Board within thirty (30) days of
receiving the notice.
3.15.9 If an application for a minor variance is refused or approved
with terms or conditions, the applicant may appeal to the
Development Appeals Board within thirty (30) days of the date
of that decision.
3.15.10 The Development Officer shall maintain a record of all minor
variance applications.
3.16 NON-CONFORMING BUILDINGS, USES, AND SITES
3.16.1 Any use of land or any building or structure lawfully existing at
the time of passing this Bylaw that is rendered non-conforming
by the enactment of this Bylaw or any subsequent
amendments, may be continued, transferred, or sold in
accordance with provisions of Section 88 to 93 inclusive, of The
Planning and Development Act, 2007.
3.16.2 No enlargement, additions, or reconstruction of a non-
conforming use, building, or structure shall be undertaken,
except in conformance with these provisions.
3.16.3 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.
3.16.4 Where a building has been erected on or before the effective
date of this Bylaw on a site having less than the minimum
dimensions or area, or having less than the minimum yards
required by this Bylaw, the use may be continued and the
building may be enlarged, reconstructed, repaired, or renovated
pursuant to the rights granted by Section 91 to 93 of The
Planning and Development Act, 2007. These rights are subject to
the following:
a. The enlargement, reconstruction, repair, or renovation does
not further reduce the required yards that do not conform
to this Bylaw;
b. All other applicable provisions of this Bylaw are satisfied;
and,
c. Issuance of a development permit required by this Bylaw.
3.17 DEVELOPMENT PERMIT - INVALID
3.17.1 A development permit shall be automatically invalid and
development shall cease, as the case may be:
a. If the development is not commenced within the period for
which the permit is valid; or,
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
3.18.1 Council or the Development Officer may cancel a development
permit, and when cancelled, development shall cease:
a. Where the Development Officer or Council is satisfied that a
development permit was issued based on false or mistaken
information;
b. Where new information is identified pertaining to
environmental protection, flood potential, or slope
instability; and/or,
c. When a developer requests a development permit
modification.
3.19 STOP-WORK
3.19.1 The Development Officer may authorize action to stop any
development which does not conform to this Bylaw, a
development or servicing agreement, a development permit or
condition, or an Interest Registered with ISC under this Bylaw.
3.20 BYLAW COMPLIANCE
3.20.1 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.
Page 28
3.21 REGISTERING INTERESTS
3.21.1 As per Section 175 of The Planning and Development Act, 2007,
the Municipality may register an interest based on a
development levy agreement or servicing agreement in the land
registry against the affected title.
3.21.2 On registration of an interest based on a development levy
agreement or servicing agreement, the rights and privileges in
the development levy agreement:
a. Enure to the benefit of the Municipality; and,
b. Run with the land and are binding on the registered owner
of the land the registered owner's heirs, executors,
administrators, successor, and assigns.
3.22 MOVING BUILDINGS
3.22.1 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
3.23.1 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.
3.23.2 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
3.24.1 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.
3.24.2 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
3.25.1 Where a development proposal involves subdivision, Council
may require a developer to enter into a servicing agreement to
ensure appropriate servicing pursuant to the Act.
3.25.2 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 subdivision.
Page 29
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
4.1.1 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.
4.1.2 Nothing in this Bylaw shall exempt any person from complying
with the requirements of a building regulation Bylaw or any other
Bylaw in force within the Town 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
Town or any law of Saskatchewan or Canada.
4.1.3 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
4.2.1 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
4.3.1 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 (10.0 ft.)
of any other building on the site except to a building accessory to
such dwelling.
4.4
USES PERMITTED IN ALL ZONING DISTRICTS
4.4.1 Nothing in this Bylaw shall prevent the use of any land as a public
street or public park.
4.4.2 Nothing in this Bylaw shall prevent the erection of any properly
authorized traffic sign or signal, or any sign of notice of any local
or other government department or authority.
4.4.3 Nothing in this Bylaw shall prevent the use of any land for the
erection of buildings or structures, or the installation of other
facilities, essential to the operation of public works.
4.5
NUMBER OF PRINCIPAL BUILDINGS ON A SITE
4.5.1 Only one (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.
4.5.2 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
4.6.1 Subject to all other requirements of this Bylaw, an accessory
building, use, or structure is permitted in any district when
accessory to an established principal use which is a permitted or
discretionary use in that same district, and for which a
development permit has been issued.
4.6.2 No accessory building may be constructed, erected, or moved on
to any site prior to the time of construction of the principal
building to which it is accessory.
4.6.3 Where a building on a site is attached to a principal building by a
solid roof or by structural rafters, and where the solid roof or
rafters extend at least one third of the length of the building wall
that is common with the principal building, the building is deemed
to be part of the principal building.
Page 30
4.7
FRONT YARD REDUCTION
4.7.1 Notwithstanding the minimum depth of front yard required by
this Bylaw, where a site is situated between two (2) 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 (2) 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
4.8.1 Where the site frontage is along a cul-de-sac, curve or is irregular,
the minimum site frontage shall be 11.0 meters (36.1 ft.) and the
mean site width shall not be less than the minimum frontage for
regular sites in the same Zoning District.
4.9
PERMITTED YARD ENCROACHMENTS
4.9.1 Where minimum front, side, or rear yards are required in any
Zoning District, the following yard encroachments shall be
permitted:
a. Uncovered and open balconies, terraces, verandas, decks, and
patios may have a maximum projection from the main wall of
1.8 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 (2.0 ft.) into any required yard.
4.10 SITE GRADING, LEVELING, AND DRAINAGE
4.10.1 Every development shall be graded and leveled at the owner's
expense to provide for adequate surface drainage that does not
adversely affect adjacent property, or the stability of the land:
a. All excavations or filling shall be re-vegetated immediately
after other construction activities conclude, with a suitable
ground cover as may be necessary to prevent erosion;
b. All vegetation and debris in an area to be re-graded or filled
must be removed from the site prior to site grading and
leveling;
c. All topsoil from an area that is to be re-graded must be
stripped, stockpiled, and replaced on the re-graded area, or
re-located to a site approved by Council; and,
d. All drainage shall be directed towards natural water runs and
shall not affect neighbouring properties.
4.11 HEIGHT OF BUILDINGS
4.11.1 Where a maximum height of buildings is specified in any Zoning
District, the maximum height shall be measured from average
grade level to the highest point on the building exclusive of any
chimney or antenna.
4.12 HERITAGE PROPERTIES
4.12.1 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
4.13.1 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
4.14.1 Temporary signs not exceeding 1.0 m² (10.7 ft2) advertising the
sale or lease of the property or other information relating to a
temporary condition affecting the property are permitted.
4.14.2 Signage for subdivisions advertising the sale of a large number
of lots, size, location, and duration of the sign shall be approved
by Council.
Page 31
4.14.3 Signage for special events including size, location, and duration
of signs shall be approved by Council.
4.15 BUFFER STRIPS
4.15.1 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
4.16.1 In the event a dedicated street or lane shown on the Zoning
District Map forming part of this Bylaw is closed, the property
formerly in such street or lane shall be included within the
Zoning District of the adjoining property on either side of such
closed street or lane. If a closed street or lane is the boundary
between two (2) or more different Zoning Districts, the new
district boundaries shall be the former centre line of the closed
street or lane.
4.17 SATELLITE DISHES
4.17.1 Satellite dishes 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.
4.17.2 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.
4.17.3 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
4.18.1 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
4.19.1 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
4.20.1 Notwithstanding anything contained in this Bylaw, a swimming
pool is permitted as an accessory use to permitted uses in any
residential district or a motel (motor hotel) in a 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 (14.8 ft.) of such
pool;
c. Every swimming pool shall be enclosed by a non-climbable
fence of at least 1.8 meters (5.9 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.
4.20.2 Any building or structure, other than a dwelling, required for
changing clothing or for pumping or filtering facilities, or other
similar accessory uses, complies with the provisions in the
applicable Zoning Districts in Sections 7-15 of this Bylaw,
respecting accessory buildings.
Page 32
4.21 DISPOSAL OF WASTES
4.21.1 Subject to all acts and regulations pertaining in any way to the
storage, handling, and disposal of any waste material or used
item, and except as permitted by these acts and regulations, no
liquid, solid, or gaseous wastes shall be allowed to be
discharged into any stream, creek, river, lake, pond, slough,
intermittent drainage channel or other body of water, onto or
beneath the surface of any land, or into the air.
4.21.2
No development or use of land which requires solid or liquid
waste disposal facilities shall be permitted unless those
facilities are approved by Saskatchewan Health and the
Saskatchewan Water Security Agency. Disposal of liquid, solid,
or gaseous waste shall be governed by Acts administered by
Saskatchewan Agriculture, Saskatchewan Environment,
Saskatchewan Health and the Saskatchewan Water Security
Agency.
4.22 FENCE AND HEDGE HEIGHTS
4.22.1 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. In a required front yard, to a height no greater than 1.0
meter (3.3 ft.) above grade level;
c. In a 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 (2.5 ft.) in height in
an intersection sight triangle.
4.22.2 Fencing material within residential zoning districts will be one of
the following: wood; vinyl; chain link; brick stone; or, wrought
iron.
4.22.3 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 (4.9 ft.) in height in a side or rear yard and over 0.75
meters (2.5 ft.) in a front yard.
4.22.4 The use of electrified fencing material is prohibited within the
Town limits.
4.23 SOLID AND WASTE DISPOSAL FACILITIES
4.23.1 Municipal and commercial solid or liquid waste disposal
facilities are subject to the following conditions:
a. The facility will be located as near as practical to the source
of waste;
b. The facility will have undergone satisfactory review as
required by provincial authorities for environmental
assessment and operational design;
c. The facilities will be located at least 457.0 meters (1,499.3
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 33
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 Zoning District. In approving
any discretionary use to minimize land use conflict, Council may
prescribe specific development standards or criteria related to:
Site drainage of storm water;
The location of buildings with respect to buildings on adjacent
properties;
Access to, number, and location of parking and loading facilities;
Appropriate space for vehicle movement in order to reduce
disruption of traffic flows on adjacent roadways;
Control of noise, glare, dust, and odour;
Landscaping, screening, and fencing to buffer adjacent
properties;
The size, shape, and arrangement of buildings, and the
placement and arrangement of lighting and signs;
Prescribed specified time limits for a use that is intended to be
temporary or to allow Council to monitor the impact of a use on
surrounding development; and,
Intensity of use.
5.2
HOME OCCUPATIONS
Home occupations (home-based businesses) are subject to the following
conditions:
Home-based occupations and businesses will be accommodated
provided that they are clearly secondary to the principal residential
use of the dwelling unit, compatible with the surrounding
residential area, and not of a size that provide services or products
that would detrimentally affect the viability of the neighbourhood.
One (1) home occupation shall be allowed per dwelling unit. Home
occupations shall be conducted entirely within the dwelling or
accessory building.
One (1) 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 No more 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.
Page 34
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 dwelling either
from a common indoor landing or directly from the exterior of the
building. Secondary suites must contain cooking, eating, living,
sleeping, and sanitary facilities.
Secondary suites may not exceed 80.0 m² (861 ft2) 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:
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.
5.5
BED AND BREAKFAST HOMES
Bed and breakfast homes are subject to the following conditions:
Bed and breakfast homes shall be located in a single detached
dwelling used as the operator's principal residence.
No more than three (3) guest rooms shall be allowed in a bed and
breakfast home.
Only one (1) sign, not exceeding 1.0 m² (10.8 ft²) advertising the
vacation farm or bed and breakfast home and located on site, is
permitted.
The only meal to be provided to registered guests shall be breakfast.
No food preparation or cooking for guests shall be conducted within
any bedroom made available for rent. All facilities shall meet public
health regulations and be kept in a manner satisfactory to the
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
DAYCARE CENTRES AND PRE-SCHOOLS
Daycare centres and pre-schools are subject to the following conditions:
Daycare 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.
5.7
ADULT DAYCARES
Adult daycare facilities may be approved as an accessory use or as a
principal use.
In any residential district, no exterior alterations shall be
undertaken to a dwelling or former dwelling which would be
inconsistent with the residential character of the building or
property.
Required parking spaces shall not be located in a required front
yard.
Page 35
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 (14.8 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 150.0 m² (1615
ft2) in area with its corners clearly marked.
One (1) permanent sign located on site advertising the campground
is permitted per site:
o The facial area of a sign shall not exceed 0.5 m² (5.3 ft2);
o No sign shall be located in any manner that may obstruct or
jeopardize the safety of the public; and,
o Temporary signs not exceeding 1.0 m² (10.7 ft2) advertising the
sale or lease of the property or other information relating to a
temporary condition affecting the property are permitted.
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 (10.0 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 (1) 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:
There is no secondary suite in the primary residence.
The garden suite dwelling unit is a temporary use and shall be
permitted for a five-year term, which may be renewed at
Council's discretion. The landowner shall enter into an
agreement that the land shall not be considered for subdivision.
The floor area of the garden suite dwelling shall not be less than
35.0 m² (377 ft2) and not greater than 90 m² (969 ft2). The
garden suite shall not be located on a permanent foundation to
allow the structure to be removed from the property when it is
no longer required by a relative of the permanent resident.
Page 36
The maximum height of the garden suite shall not exceed 5.0
meters (16.4 ft.) from grade level and shall have only one (1)
story.
Garden suite dwellings shall only be located on sites where the
dwelling can be serviced by existing utilities and can be hooked
up to the services of the host residence.
Residents of the garden suite must have access to the rear yard
amenities.
The combined site coverage of the single detached dwelling and
garden suite dwelling shall not exceed the maximum coverage
permitted by this Zoning Bylaw, and the accessory dwelling shall
be placed so that all other setback requirement of the Zoning
Bylaw are met.
A parking space shall be provided on site for the resident(s) of
the garden suite dwelling.
There shall be direct and separate access to the garden suite
dwelling by on-site driveway, or by public roadway, or alley.
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:
o 150,000 liters for flammable liquids (gasoline);
o 100,000 liters for combustible liquids (diesel fuel); and,
o 100,000 liters of propane.
Above-ground fuel storage tanks shall be:
o For uses other than service stations and gas bars, located at
least 3.0 meters (10.0 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 6.1 meters
(20.0 ft.) from any property line or building;
o Separated from each other and be accessible for firefighting
purposes to the satisfaction of the Development Officer; and,
o At least 15 meters (49.2 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 (10.0 ft.) from any property line, at least
7.5 meters (24.6 ft.) from any open flame or other ignition source,
and at least 4.5 meters (14.8 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 6.1 meters (20.0 ft.) from any property line, at least 7.5 meters
(24.6 ft.) from any open flame or other ignition source, and at least
4.5 meters (14.8 ft.) from any door or window.
Above-ground fuel storage tanks shall be protected from vehicles
with suitable posts, guardrails, or other similar means.
At service stations and gas bars, above-ground fuel storage tanks
which are located in view of a front or flanking street shall be
landscaped or screened to the satisfaction of the Development
Officer.
The maximum height of an above-ground fuel storage tank shall be
limited to the maximum permitted height of a free-standing sign in
the Zoning District.
Painted lettering or other forms of signage may be located on
above-ground fuel storage tanks subject to the sign regulations in
the Zoning District.
Page 37
6.
ZONING DISTRICTS AND ZONING MAP
6.1
ZONING DISTRICTS
For the purpose of this Bylaw, the Town of Cabri is divided into several
Zoning Districts that may be referred to by the appropriate symbols. The
uses or forms of development allowed within a Zoning District, along
with regulations or standards which apply, are provided in the district
schedules in this Section.
R1
Residential Single
Dwelling District
IND
Industrial District
R2
Residential Multiple
Dwelling District
FUD Future Urban Development
District
C1
Town Centre
Commercial District
AR
Agricultural Resource District
C2
Highway Commercial
District
FH
Flood Hazard Overlay
CS
Community Services
District
6.2
THE ZONING DISTRICT MAP
6.2.1
The map, bearing the statement "This is the Zoning District
Map" referred to in Bylaw No. 2017-02 adopted by the Town of
Cabri, signed by the Mayor and by the Town Administrator
under the seal of the Town, shall be known as the "Zoning
District Map", and such map is hereby declared to be an integral
part of this Bylaw.
6.3
BOUNDARIES OF THE ZONING DISTRICTS
6.3.1
The boundaries of the Zoning Districts referred to in this Bylaw,
together with an explanatory legend, notations and reference to
this Bylaw, are shown on the map entitled, "Zoning District
Map."
6.3.2
Unless otherwise shown, the boundaries of Zoning Districts are
site lines, centre lines of streets, lanes, road allowances, or such
lines extended, and the boundaries of the Municipality.
6.4
HOLDING DESIGNATION
6.4.1
Where on the Zoning District Map the symbol for a Zoning
District has suffixed to it the holding symbol "H"; any lands so
designated on the map shall be subject to a holding provision in
accordance with Section 71 of The Planning and Development
Act, 2007.
6.4.2
Any lands subject to a holding provision shall only be used for
the following uses:
a. Those uses existing on the land when the "H" is applied;
and,
b. Public works.
Page 38
7.
RESIDENTIAL SINGLE DWELLING DISTRICT - R1
The purpose of the Residential Single Dwelling District (R1) is to
accommodate primarily single family detached residential dwellings.
No person shall within any R1 - Residential Single Dwelling District use
any land or erect, alter, or use any building or structure, except in
accordance with the following provisions:
7.1
PERMITTED USES
a. One (1) single-detached dwelling, which includes an RTM;
b. Uses, buildings, and structures accessory to the foregoing
permitted uses and located on the same site with the main use;
c. Public playgrounds and swimming pools; and,
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 Single
Dwelling District only by resolution of Council and only in locations
specified by Council. Discretionary use requirements can be found in
Sections 3.9 and 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. Secondary suites (refer to section 5.3);
f. Child daycares (refer to section 5.6)
g. Adult daycares (refer to section 5.7);
h. Bed and breakfast homes (refer to section 5.5); and,
i.
Residential care homes (refer to section 5.8).
7.3
SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site regulations.
Permitted
and
Discretionary
Uses:
Single Detached
Dwelling and All
Other Uses
Semi-Detached,
Duplex Dwelling,
Fourplex, and
Townhouses
Playgroun
ds &
Swimming
Pools
Minimum
site area
464.5 m2 (5,000.0 ft2)
557.4 m2 (6,000.0 ft2)
No minimum
Minimum
floor area
65.0 m2 (700.0 ft2)
37.2 m2 (400.0 ft2)
No minimum
Minimum
site frontage
15.24 meters (50 ft.)
18.3 meters (60.0 ft.)
No minimum
Maximum
height
No
maximum
Maximum
site coverage
40% and 50% on a
corner site
40% and 50% on a
corner site
No
maximum
Minimum
front yard
7.6 meters
(25.0 ft.)
7.6 meters
(25.0 ft.)
7.6 meters
(25.0 ft.)
Minimum
rear yard
7.6 meters
(25.0 ft.) or 25% of the
depth of the site,
whichever is greater
7.6 meters
(25.0 ft.) or 25% of the
depth of the site,
whichever is greater
No minimum
Minimum
side yard
1.5 meters (5.0 ft.) on
each side of the main
building except for
buildings that are
higher than 10.0
meters (35.0 ft.), in
which case sides yards
shall be a minimum of
3.0 meters (10.0 ft.)
on each side plus an
additional 0.6 meters
(2.0 ft.) for every 3.0
meters (10.0 ft.) or
part thereof of
additional height
above 10.7 meters
(35.0 ft.).
1.5 meters (5.0 ft.) on
each side of the main
building except for
buildings that are
higher than 10.0
meters (35.0 ft.), in
which case sides yards
shall be a minimum of
3.0 meters (10 ft.) on
each side plus an
additional 0.6 meters
(2 ft.) for every 3.0
meters (10.0 ft.) or part
thereof of additional
height above 10.7
meters (35.0 ft.).
3.0 meters
(10.0 ft.)
Page 39
7.4
ACCESSORY BUILDINGS AND STRUCTURES
Minimum yard
setbacks
A minimum 6.1 meters (20.0 ft.) from the front
site line, 1.2 meters (4.0 ft.) from the principal
building, and 1.5 meters (5.0 ft.) from the side
site line unless the side site line is an abutting
street then the side yard shall be 3.7 meters (12.0
ft.).
Maximum floor
area
All accessory buildings shall not exceed 120.8 m²
(1300.0 ft²) in area.
Maximum height
6.1 meters (20.0 ft.) from grade level to the
underside of the eaves.
Minimum rear yard All accessory buildings shall be located a
minimum of 1.5 meters (5.0 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.
7.4.1
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.
7.4.2
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 (1.0 ft.) from
the side lot line and the roof does not project past the side lot
line.
7.4.3
A detached private garage is permitted in any side or rear yard,
provided there is sufficient available space to comply with all
other requirements in this section.
7.4.4
All activities related to artisan studios, crafts, and workshops
shall be conducted within an enclosed building. No exterior
storage of materials, goods, or waste products is permitted,
except within a waste disposal bin for collection.
7.4.5
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.
7.4.6
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.
7.5
FENCE AND HEDGE HEIGHT
7.5.1
Subject to traffic sight lines, the following height limitations
shall apply to fences, walls, chain-link fences and hedges:
a. No hedge, fence, or other structure shall be erected past
any property line;
b. In a required front yard, to a height no greater than 1.0
meter (3.3 ft.) above grade level;
c. In a required 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
7.6.1
One (1) permanent sign is permitted per site. The facial area of
a sign shall not exceed 0.5 m² (5.3 ft2).
7.6.2
In the case of a home occupation, an additional permanent sign
is permitted in a window of a dwelling.
7.6.3
No sign shall be located in any manner that may obstruct or
jeopardize the safety of the public.
Page 40
7.7
PARKING
Off-street parking requirements shall be provided in accordance with
the following:
Single detached, RTM,
and modular homes
2 spaces per dwelling.
Semi-detached, duplex
dwellings, fourplex, or
townhouses
2 spaces per dwelling.
Public works
No requirements.
Public playgrounds and
swimming pools
No requirements.
Daycare centres and pre-
schools
1 space plus 1 additional space for every
10 persons enrolled in the facility.
Adult daycares
1 space plus 1 space per 5 persons
enrolled in the facility.
7.8
OUTDOOR STORAGE
7.8.1
No outdoor storage shall be permitted in the required front
yard of any residential site.
7.8.2
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.
7.8.3
No yard shall be used for the storage or collection of hazardous
material.
7.8.4
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.
7.8.5
Provision shall be made for the owner of the property to
temporarily display a maximum of either one (1) vehicle or
recreational vehicle in operating condition that is for sale at any
given point in time.
7.9
DISCRETIONARY USE EVALUATION CRITERIA
7.9.1
All discretionary uses shall follow the general discretionary use
evaluation criteria as outlined in Section 3.9 and others that
may be specified.
7.9.2
Specific Discretionary Use Evaluation Criteria for Semi-
Detached, Duplex Dwellings and Fourplex or Townhouses:
a. Council shall give consideration to the locations on major
streets and that the development will not cause excessive
traffic through existing low density residential areas.
7.9.3
Specific Discretionary Use Evaluation Criteria for Residential
Care Homes:
a. Council will consider if the proposed use maintains the
existing residential character of the neighbourhood.
7.9.4
Off-street parking spaces for daycare 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 41
8.
RESIDENTIAL MULTIPLE DWELLING DISTRICT - R2
The purpose of the Residential Multiple Dwelling District (R2) is to
accommodate a variety of high density residential development
including single-detached residences, semi-detached residences,
townhouses, and multi-unit dwellings.
No person shall within any R2 - Residential Multiple Dwelling District
use any land or erect, alter, or use any building or structure, except in
accordance with the following provisions:
8.1
PERMITTED USES
a. One (1) single-detached dwelling, which includes an RTM;
b. Semi-detached, duplex dwelling, fourplex, or townhouses and
other multiple unit dwellings;
c. Apartment buildings;
d. Uses, buildings, and structures accessory to the foregoing
permitted uses and located on the same site with the main use;
e. Public parks and playgrounds; and,
f. Public works, buildings and structures, excluding offices, shops,
warehouses, storage yards, and waste management or sewage
facilities.
8.2
DISCRETIONARY USES
The following uses may be permitted in R2 - Residential Multiple
Dwelling District only by resolution of Council and only in locations
specified by Council. Discretionary use requirements can be found in
Sections 3.9 and 5.
a. Home occupations (Home-based Businesses) (refer to section
5.2);
b. Secondary suites (refer to section 5.3);
c. Child daycares (refer to section 5.6)
d. Adult daycares (refer to section 5.7);
e. Bed and breakfast homes (refer to section 5.5);
f. Residential care homes (refer to section 5.8);
g. Mobile homes; and,
h. Swimming pools.
8.3
SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site regulations.
Page 42
Permitted and Discretionary
Uses:
Single Detached Dwelling
and All Other Uses
Semi-Detached, Duplex
Dwelling, Fourplex, and
Townhouses
Apartment Buildings
Playgrounds &
Swimming Pools
Minimum site area
464.5 m2
(5,000.0 ft2)
557.4 m2
(6,000.0 ft2)
557.4 m2
(6,000.0 ft2)
No minimum
Minimum floor area
65.0 m2
(700 ft2)
37.2 m2
(400 ft2)
37.0 m² (398 ft2) per
dwelling unit
No minimum
Minimum site frontage
15.2 meters (50.0 ft.)
18.3 meters (60.0 ft.)
22.9 meters (75.0 ft.)
No minimum
Maximum height
9.1 metres (30.0 ft) for
Principal buildings
9.1 metres (30.0 ft or 3 stories)
9.1 metres (30.0 ft or 3
stories)
No maximum
Maximum site coverage
40% and 50% on a corner
site
40% and 50% on a corner site
No maximum
Minimum front yard
7.6 meters
(25.0 ft.)
7.6 meters
(25.0 ft.)
7.6 meters
(25.0 ft.)
7.6 meters
(25.0 ft.)
Minimum rear yard
7.6 meters
(25.0 ft.) or 25% of the
depth of the site,
whichever is greater
7.6 meters
(25.0 ft.) or 25% of the depth
of the site, whichever is
greater
7.6 meters
(25.0 ft.) or 25% of the
depth of the site,
whichever is greater
No minimum
Minimum side yard
1.5 meters (5.0 ft.) on each
side of the main building
except for buildings that
are higher than 10.0
meters (35.0 ft.), in which
case sides yards shall be a
minimum of 3.0 meters
(10.0 ft.) on each side plus
an additional 0.6 meters
(2.0 ft.) for every 3.0
meters (10.0 ft.) or part
thereof of additional
height above 10.7 meters
(35.0 ft.).
1.5 meters (5.0 ft.) on each
side of the main building
except for buildings that are
higher than 10.0 meters (35.0
ft.), in which case sides yards
shall be a minimum of 3.0
meters (10.0 ft.) on each side
plus an additional 0.6 meters
(2.0 ft.) for every 3.0 meters
(10.0 ft.) or part thereof of
additional height above 10.7
meters (35.0 ft.).
1.5 meters (5.0 ft.) on
each side of the main
building except for
buildings that are higher
than 10.0 meters (35.0
ft.), in which case sides
yards shall be a minimum
of 3.0 meters (10.0 ft.) on
each side plus an
additional 0.6 meters (2.0
ft.) for every 3.0 meters
(10.0 ft.) or part thereof
of additional height above
10.7 meters (35.0 ft.).
3.0 meters (10.0
ft.)
Page 43
8.4
ACCESSORY BUILDINGS AND STRUCTURES
Minimum yard
setbacks
A minimum 6.1 meters (20.0 ft.) from the front
site line, 1.2 meters (4.0 ft.) from the principal
building, and 1.5 meters (5.0 ft.) from the side
site line unless the side site line is an abutting
street then the side yard shall be 3.6 meters (12.0
ft.).
Maximum floor
area
All accessory buildings shall not exceed 120 m²
(1300.0 ft²) in area.
Maximum height
6.1 meters (20.0 ft.) from grade level to the
underside of the eaves.
Minimum rear yard All accessory buildings shall be located a
minimum of 1.5 meters (5.0 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.
8.4.1
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.
8.4.2
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 (1.0 ft.) from
the side lot line and the roof does not project past the side lot
line.
8.4.3
A detached private garage is permitted in any side or rear yard,
provided there is sufficient available space to comply with all
other requirements in this section.
8.4.4
All activities related to artisan studios, crafts, and workshops
shall be conducted within an enclosed building. No exterior
storage of materials, goods, or waste products is permitted,
except within a waste disposal bin for collection.
8.4.5
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.
8.4.6
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
8.5.1
Subject to traffic sight lines, the following height limitations
shall apply to fences, walls, chain-link fences and hedges:
a. No hedge, fence, or other structure shall be erected past
any property line;
b. In a required front yard, to a height no greater than 1.0
meter (3.3 ft.) above grade level;
c. In a required 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
8.6.1
One (1) permanent sign is permitted per site. The facial area of
a sign shall not exceed 0.5 m² (5.3 ft2).
8.6.2
In the case of a home occupation, an additional permanent sign
is permitted in a window of a dwelling.
8.6.3
No sign shall be located in any manner that may obstruct or
jeopardize the safety of the public.
Page 44
8.7
PARKING
Off-street parking requirements shall be provided in accordance with
the following:
Single detached, RTM,
and modular homes
2 spaces per dwelling.
Semi-detached, duplex
dwellings, fourplex, or
townhouses
2 spaces per dwelling.
Public works
No requirements.
Playgrounds and
swimming pools
No requirements.
Daycare centres and pre-
schools
1 space plus 1 additional space for every
10 persons enrolled in the facility.
Adult daycares
1 space plus 1 space per 5 persons
enrolled in the facility.
8.8
OUTDOOR STORAGE
8.8.1
No outdoor storage shall be permitted in the required front
yard of any residential site.
8.8.2
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.
8.8.3
No yard shall be used for the storage or collection of hazardous
material.
8.8.4
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.
8.8.5
Provision shall be made for the owner of the property to
temporarily display a maximum of either one (1) vehicle or
recreational vehicle in operating condition that is for sale at any
given point in time.
8.9
DISCRETIONARY USE EVALUATION CRITERIA
8.9.1
All discretionary uses shall follow the general discretionary use
evaluation criteria as outlined in Section 3.9 and others that
may be specified.
8.9.2
Specific Discretionary Use Evaluation Criteria for Apartment
Blocks; Residential Care Homes:
a. Council will consider if the proposed use maintains the
existing residential character of the neighbourhood.
8.9.3
Off-street parking spaces for daycare 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 45
9.
TOWN CENTRE COMMERCIAL DISTRICT - C1
The purpose of the Town Centre Commercial District (C1) is to continue
to encourage a "downtown" experience by providing pedestrian oriented
commercial activities and services.
No person shall within any C1 - Town Centre Commercial 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. Banks, credit unions, and other financial institutions;
b. Administrative offices;
c. Barbers, hairdressers, and other similar personal services
establishments;
d. Medical, dental, and other health care offices and clinics or
health services;
e. Restaurants, cafés, coffee shops, and other similar fast food
services;
f. Confectionaries and delicatessens;
g. Storefront retail stores and outlets;
h. Police, ambulance stations;
i.
Storefront bakeries, butcher shops, and similar food processing
with on-site retail sales;
j.
Theatres, community services;
k. Commercial and public recreational establishments such as
bowling alleys, arcades, and fitness centres;
l.
Licenses premises for the sale and consumption of alcoholic
beverages;
m. Outdoor markets and concessions (permanent, season, or
occasional);
n. Small-scale repair trades such as tailors, jewelers, art and hand
craft shops and studios, crafts people and similar trades
including retail sales of art and craft products;
o. Storefront construction trades without yards;
p. Buildings, structures or uses accessory to and located on the
same site as the principal building or permitted use; and,
q. Public works buildings, offices, and structures excluding
warehouses, storage yards and waste management or sewage
facilities.
9.2
DISCRETIONARY USES
The following may be permitted in the C1 - Town Centre Commercial
District but only by resolution of Council and only in locations specified
by such resolution of Council. Discretionary use requirements can be
found in Sections 3.9 and 5.
a. Dwellings attached to and behind, or above, commercial
establishments;
b. Apartment buildings;
c. Secondary suites - temporary accommodations (refer to Section
5.3);
d. Strip malls;
e. Lumber and building supply establishments;
f. Public transportation depots;
g. Community services;
h. Child daycare centres (refer to Section 5.6);
i.
Adult daycare centres (refer to Section 5.7);
j.
Rooming house;
k. Animal hospitals, or clinics and offices of veterinary surgeons;
l.
Shops of plumbers, pipe fitters, metal workers, and other
industrial trades manufacturing and sales;
m. Service stations (refer to Section 5.12);
n. Motor vehicle repair shops;
o. Car washes;
p. Newspaper offices and printing plants, and services;
q. Funeral homes; and,
r. Other innovative commercial uses consistent with street level
retail and services.
Page 46
9.3
SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements.
Permitted and
Discretionary
Uses:
Commercial
Uses
Motels &
Service
Stations
Strip Malls
Other
Discretionary
Uses
Minimum site
area
278.7 m2
(3,000.0 ft2)
278.7 m2
(3,000.0 ft2)
278.7 m2
(3,000.0 ft2)
278.7 m2
(3,000.0 ft2)
Minimum site
frontage
7.6 m
(25.0 ft.)
30.5 meters
(100.0 ft.)
7.6 m
(25.0 ft.)
7.6 m
(25.0 ft.)
Minimum site
coverage
No
requirement
75%
No
requirement
75%
Minimum
front yard
No
requirement
7.5 meters
(25.0 ft.)
No
requirement
No
requirement
Minimum rear
yard
Where the rear of a site in any C1 - Town Centre
Commercial District abuts any Residential District without
an intervening street or lane, a rear yard of 6.1 meters
(20.0 ft.) shall be provided.
Minimum side
yard
Where the side of a site in any C1 - Town Centre
Commercial District abuts any Residential District without
an intervening street or lane, a side yard of at least 1.5
meters (5.0 ft.) shall be provided.
Height
No
requirement
15.0 metres
(49.0 ft.)
15.0 metres
(49.0 ft.)
15.0 metres
(49.0 ft.)
9.4
ACCESSORY BUILDINGS
9.4.1
Setbacks for accessory buildings shall meet the same
requirements as the principal use or building.
9.4.2
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.
9.5
SIGNAGE
9.5.1
Signs and billboards shall be prohibited in the C1 - Town Centre
Commercial District except for signs advertising the principal
use of the premises or the principal products offered for sale on
the premises. 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 m² (43.0 ft2);
b. No sign shall be located in any manner that may obstruct or
jeopardize the safety of the public;
c. A sign may be double faced; and,
d. A sign shall not exceed 6.1 meters (20.0 ft.) in total height
above the ground.
9.6
PARKING
Off-street parking requirements shall be provided in accordance with
the following:
Stores and offices
1 parking space for every 50.0 m² (538.0 ft2) of
gross floor area.
Restaurants, other
eating places
1 parking space for every 10 seats provided for
patrons.
Theatres, places of
assembly
1 parking space for every 10 seats provided for
patrons.
Motels, motor
hotels, or hotels
1 parking space for each unit.
Service Stations
1 ½ parking spaces for each service bay.
Lumber and building
supply
establishments
1 space per 50.0 m2 (538.0 ft2) of gross floor or 1
space per 3 employees, whichever is greater.
All other uses
1 parking space for each 75.0 m² (807.0 ft2) of
building floor area.
9.7
LANDSCAPING
9.7.1
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.
Page 47
9.8
DISCRETIONARY USE EVALUATION CRITERIA
9.8.1
All discretionary uses shall follow the general discretionary use
evaluation criteria as outlined in Section 3.9 and others that
may be specified.
9.8.2
Specific Discretionary Use Evaluation Criteria for Accessory
Dwellings Attached To And Behind, or Above, Commercial
Establishments:
a. A maximum of one accessory dwelling unit attached to and
behind, or above, a commercial establishment will be
allowed;
b. Council will favourably consider an accessory dwelling
where it is located in the principal building with the front of
the building at grade level always remaining a commercial
use; and,
c. Council will only consider accessory dwellings that have a
main entrance that is separate from that of the commercial
establishment.
9.8.3
Specific Discretionary Use Evaluation Criteria for Strip Malls:
a. Council will favorably consider the proposed use where it
can be demonstrated that it is primarily for pedestrian use
and accessible to the public from both the street and from
the development;
b. Council will consider the appropriate separation to other
uses that may be incompatible with strip mall retail and
service activities;
c. Council will consider the potential uses and street access to
the site when making a discretionary use decision on a
proposed strip mall. Ingress and egress points shall be
designed to minimize conflict with adjacent land uses and
not pose a safety hazard; and,
d. Other criteria may include street façade, main street
entrance, windows along the street and the relaxation of
on-site parking requirements.
9.8.4
Specific Discretionary Use Evaluation Criteria for Lumber Yards
and Wholesale Trades:
a. Development of these uses on other than the existing sites
will be encouraged to locate on vacant land with adequate
space.
9.8.5
Specific Discretionary Use Evaluation Criteria for Building
Supply Establishments, Construction Trades, Lumber Yards,
Light Manufacturing, and Welding And Machine Shops:
a. The location of the use will only be favourably considered
where it can be demonstrated that the use and intensity is
appropriate to the site and that it will have 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.
b. Consideration shall be given to the location of entry and exit
points to the site and their interrelation with existing
intersections or land constraints.
9.8.6
Specific Discretionary Use Evaluation Criteria for Funeral
Homes:
a. Council shall favourbly consider the location of the
proposed use on a lot that abuts a major (primary or
secondary) street, as identified in the Official Community
Plan "Transportation Hierarchy" Reference Map.
9.8.7
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.
9.8.8
All operations related to construction trades, artisans, and craft
shop offices shall be conducted within an enclosed building. No
exterior storage of materials, goods, or waste products is
permitted, except within a waste disposal bin for collection.
Page 48
10.
HIGHWAY COMMERCIAL DISTRICT - C2
The purpose of the Highway Commercial District (C2) is to facilitate a
wide range of commercial and related activities located along the
Highways.
No person shall within any C2 - Highway Commercial District use any
land, or erect, alter, or use any building or structure except in
accordance with the following provisions:
10.1 PERMITTED USES
a. Business and/or professional offices;
b. Motels or motor hotels including a dwelling for caretakers,
owners, or managers;
c. Restaurants, confectionaries including drive-thrus;
d. Licensed premises for the sale and consumption of alcoholic
beverages;
e. Strip malls;
f. Commercial and public recreational establishments such as
bowling alleys, arcades and fitness centres;
g. Car washes;
h. Service stations and other establishments for the servicing,
storage, and sale of motor vehicles, trailers, recreation, or farm
machinery and equipment;
i.
Garden centres or commercial greenhouses;
j.
Lumber and building supply establishments;
k. Tourism oriented commercial recreation activities;
l.
Police, ambulance stations;
m. Residential home building establishments;
n. Accessory uses including integrated or complementary uses,
buildings or structures accessory to and located on the same
site as the principal building or use; and,
o. Public works offices, buildings, structures and warehouses
excluding waste management or sewage facilities.
10.2 DISCRETIONARY USES
The following uses may be permitted in the C2 - Highway Commercial
District only by resolution of Council and only in locations specified in
such resolution of Council. Discretionary use requirements are
provided in Sections 3.9 and 5.
a. Tourist campgrounds;
b. Public transportation depots;
c. Animal hospitals or clinics and offices of veterinary surgeons;
d. Construction trades and contractor's yards;
e. Shops of plumbers, pipe fitters, metal workers, and other
industrial trades manufacturing and sales;
f. Autobody shops;
g. Campground including recreational vehicle park (refer to
Section 5.10);
h. Rooming house;
i.
Secondary suite - temporary accommodation (refer to Section
5.3);
j.
Agricultural implement, motor vehicle, recreational vehicle,
and/or mobile home sales and servicing and/or storage
compound; and,
k. Semi-trailer and container parking lot, including sea containers.
10.3 PROHIBITED USES
a. Aggregate materials, storage, or handling operations;
b. Storage of hazardous materials; and,
c. Abattoirs.
Page 49
10.4 SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements.
Permitted
Uses
Hotels & Motels
All Other Uses
Minimum site
area
1,161.3 m2
(12,500.0 ft2)
1,741.9 m2
(18,750.0ft2)
1,161.3 m2
(12,500.0 ft2)
Minimum site
frontage
30.5 meters
(100.0 ft.)
45.7 meters
(150.0 ft.)
30.5 meters
(100.0 ft.)
Minimum front
yard
7.5 meters
(25.0 ft.)
15.2 meters (50.0
ft.)
7.5 meters (25.0
ft.)
Minimum rear
yard
10% of the
depth of the
lot
10% of the depth
of the lot
10% of the depth
of the lot
Minimum side
yard
3.0 meters
(10.0 ft.)
3.0 meters
(10.0 ft.)
3.0 meters
(10.0 ft.)
Maximum height 15.0 meters (49.0 ft.)
10.5 ACCESSORY BUILDINGS
10.5.1 Setbacks for accessory buildings shall meet the same
requirements as the principal use or building.
10.5.2 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.
10.6 FENCE AND HEDGE HEIGHTS
10.6.1 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 (5.0 ft.) in height in a side or rear
yard and over 0.75 meters (2.5 ft.) in a front yard.
10.6.2 No fence in an Industrial District shall exceed 2.4 meters (7.8
ft.).
10.6.3 No barbed wire or razor wire fences shall be allowed in an
Industrial District.
10.7 LANDSCAPING
10.7.1 A landscaped strip of not less than 3.0 meters (10.0 ft.) in width
throughout lying parallel and abutting the front site line shall be
provided on every site.
10.7.2 On corner lots, in addition to the landscaping required in the
front yard, the whole of any required side yard abutting the
flanking street shall be landscaped.
10.7.3 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 (10.0 ft.) in width
throughout which shall not be used for any purpose except
landscaping.
10.8 PARKING
Off-street parking requirements shall be provided in accordance with
the following:
Strip malls
1 parking space for each 50.0 m² (538.0 ft2) of
floor area.
Stores and offices
1 parking space for every 50.0 m² (538.0 ft2) of
gross floor area.
Restaurants, other
eating places
1 parking space for every 10 seats provided for
patrons.
Motels, motor hotels,
or rooming houses
1 parking space for each unit.
Service stations
1 ½ parking spaces for each service bay.
All other uses
1 parking space for each 75.0 m² (807.0 ft2) of
building floor area.
10.9 LOADING REQUIREMENTS
10.9.1 Where the use of a building or site involves the receipt,
distribution, or dispatch by vehicles of materials, goods, or
Page 50
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. The minimum area of an
individual loading space shall be 17.0 m² (183 ft2).
10.10 SIGNAGE
10.10.1 Signs and billboards are prohibited in the IND - 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 3.3 m² (36.0 ft2), but the
two (2) permitted signs may be combined and the total
facial area shall not exceed 6.5 m2 (70.0 ft2);
b. No sign shall be located in any manner that may obstruct
or jeopardize the safety of the public;
c. A sign may be double faced; and,
d. A sign shall not exceed 6.1 meters (20.0 ft.) in total height
above the ground.
10.11 OUTDOOR STORAGE
10.11.1 No outdoor storage shall be permitted in the required front
yard of any commercial or industrial site.
10.11.2 No yard shall be used for the storage or collection of
hazardous material.
10.11.3 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.
10.11.4 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.
10.11.5 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.
10.11.6 All automobile parts, dismantled vehicles, storage drums and
crates, stockpiled material, and similar articles and materials
shall be stored within a building or suitably screened from
public view.
10.12 DISCRETIONARY USE EVALUATION CRITERIA
10.12.1
All discretionary uses shall follow the general discretionary
use evaluation criteria as outlined in Section 3.9 and others
that may be specified.
10.12.2
Specific Discretionary Use Evaluation Criteria for Construction
Trades and Contractor's Yards; Shops of Plumbers; Pipe
Fitters; Metal Workers; other Industrial Trades;
Manufacturing and Sales; and, Autobody Shops:
a. The location of the use will only be favourably considered
where it can be demonstrated that the use and intensity
is appropriate to the site and that it will have 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 for vehicles, cyclists, or
pedestrians; and,
iv.
Utilization of hazardous substances.
b. Consideration shall be given to the location of entry and exit
points to the site and their interrelation with existing
intersections or land constraints.
10.12.1 Specific Discretionary Use Evaluation Criteria for Rooming
Houses:
Page 51
a. Council will favourbly consider a rooming house that is
contained within a single-detached or semi-detached (both
halves must be a rooming house) dwelling; and,
b. Council will consider if the proposed use maintains the
existing residential character of the neighbourhood.
10.12.2 Specific Discretionary Use Evaluation Criteria for Agriculture
Implement; Motor Vehicle; Recreational Vehicle and/or
Mobile Home Sales Storage Compound; Semi-Trailer; and,
Container Parking Lots including Sea Containers:
a. Council will favourably consider the proposed use where it
is located in an area of low-visibility, and screened to avoid
any adverse visual impact.
10.12.3 Sites used for discretionary uses which may result in heavy
truck traffic shall be located to ensure that such traffic takes
access to or from major streets or designated truck routes.
Page 52
11.
INDUSTRIAL DISTRICT - IND
The purpose of the Industrial District (IND) is to provide areas for
industrial activities which have moderate potential for conflict with
adjacent land uses.
No person shall within any IND - Industrial District use any land, or
erect, alter, or use any building or structure except in accordance with
the following provisions:
11.1 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;
l.
Semi-trailer and container parking lot including sea containers;
m. Lumber and building supply establishments;
n. Construction of RTM homes or agricultural building assembly
area;
o. Motor vehicle, recreational vehicle, and/or mobile home sales
and servicing and/or storage compound;
p. Commercial recycling depots; and,
q. Public works buildings and structures including offices,
warehouses, storage, yards, though excluding waste
management or sewage facilities.
11.2 DISCRETIONARY USES
The following uses may be permitted in the IND - Industrial District
only by resolution of Council and only in locations specified in such
resolution of Council. Discretionary use requirements are provided in
Sections 3.9 and 5.
a. Bulk petroleum sales and storage (refer to Section 5.12);
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; and,
i.
Aggregate material storage or handling operations.
11.3 SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements.
Permitted and
Discretionary Uses:
Autobody Shops,
Carwashes, Shops of
Industrial Tradespersons,
Wholesales
All Other Uses
Minimum site area
1,000.0 m2 (10,763.0 ft2)
464.5 m2
(5,000.0 ft2)
Minimum site
frontage
No requirement
No requirement
Minimum front yard
3.0 meters (10.0 ft.)
3.0 meters (10.0 ft.)
Minimum rear yard
6.1 meters (20.0 ft.)
6.1 meters (20.0 ft.)
Minimum side yard
1.5 meters (5.0 ft.)
1.5 meters (5.0 ft.)
Maximum height
15.0 meters (49.0 ft.)
15.0 meters
(49.0 ft.)
Page 53
11.4 ACCESSORY BUILDINGS
11.4.1 Setbacks for accessory buildings shall meet the same
requirements as the principal use or building.
11.4.2 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 (Other considerations?).
11.5 FENCE AND HEDGE HEIGHTS
11.5.1 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 (5.0 ft.) in height in a side or rear
yard and over 0.75 meters (2.5 ft.) in a front yard.
11.5.2 No fence in an Industrial District shall exceed 2.4 meters (7.8
ft.).
11.5.3 No barbed wire or razor wire fences shall be allowed in an
Industrial District.
11.6 LANDSCAPING
11.6.1 A landscaped strip of not less than 3.0 meters (10.0 ft.) in width
throughout lying parallel and abutting the front site line shall be
provided on every site.
11.6.2 On corner lots, in addition to the landscaping required in the
front yard, the whole of any required side yard abutting the
flanking street shall be landscaped.
11.6.3 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 (10.0 ft.) in width
throughout which shall not be used for any purpose except
landscaping.
11.7 PARKING
Off-street parking requirements shall be provided in accordance with
the following:
Warehouses or
manufacturing activities
1 parking space for each 90.0 m² (969.0 ft2) of
gross floor area.
Principal buildings
1 parking space for each 50.0 m² (538.0 ft2) of
gross floor area, or 1 parking space for each
1.5 employees, whichever is greater.
11.8 LOADING REQUIREMENTS
11.8.1 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. The minimum area of an
individual loading space shall be 17.0 m² (183.0 ft2).
11.9 SIGNAGE
11.9.1 Signs and billboards are prohibited in the IND - 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 m² (43.0 ft2);
b. No sign shall be located in any manner that may obstruct or
jeopardize the safety of the public;
c. A sign may be double faced; and,
d. A sign shall not exceed 6.1 meters (20.0 ft.) in total height
above the ground.
11.10 OUTDOOR STORAGE
11.10.1 No outdoor storage shall be permitted in the required front
yard of any commercial or industrial site.
11.10.2 No yard shall be used for the storage or collection of
hazardous material.
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11.10.3 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.
11.10.4 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.
11.10.5 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.
11.10.6 All automobile parts, dismantled vehicles, storage drums and
crates, stockpiled material, and similar articles and materials
shall be stored within a building or suitably screened from
public view.
11.11 DISCRETIONARY USE EVALUATION CRITERIA
11.11.1 All discretionary uses shall follow the general discretionary
use evaluation criteria as outlined in Section 3.9 and others
that may be specified.
11.11.2 Specific Discretionary Use Evaluation Criteria for Salvage
Yards and Auto Wrecker Operations:
a. All salvage yards will be favourbly considered where it can
be demonstrated that it can 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;
iii.
An earth berm;
iv.
A fence (see 11.10.5);
v.
A building; or,
vi.
Other appropriate methods approved by Council.
11.11.3 Specific Discretionary Use Evaluation Criteria for Bulk
Petroleum Sales and Storage; Auction Marts; Meat
Processing Plants/Abattoirs; Fertilizer Sales and Storage;
Cement Manufacturing; and, Aggregate Material Storage or
Handling Operations
a. The location of the use will only be favourably considered
where it can be demonstrated that the use and intensity
is appropriate to the site and that it will have a minimal
impact on the surrounding adjacent areas. Consideration
may be given to:
i.
Municipal servicing capacity;
ii.
Anticipated levels of noise, odour, smoke, fumes,
dust, lighting, glare, vibration and other emissions
emanating from the operation;
iii.
Anticipated increased levels or types of vehicle
traffic, unsafe conditions or situations for vehicles,
cyclists, or pedestrians; and,
iv.
Utilization of hazardous substances.
b.
The designated truck access routes will not be primarily
through residential areas.
11.12 PERFORMANCE STANDARDS
11.12.1 An industrial operation including production, processing,
cleaning, testing, repairing, storage or distribution of any
material shall conform to the following standards:
a. Noise - emit no noise of industrial production audible
beyond the boundary of the lot on which the operation
takes place;
b. Smoke - no process involving the use of solid fuel is
permitted;
c. Dust or ash - no process involving the emission of dust,
flying ash or other particulate matter is permitted;
d. Odour - the emission of any odorous gas or other odorous
matter is prohibited;
e. Toxic gases - the emission of any toxic gases or other toxic
substances is prohibited;
Page 55
f. Glare or heat - no industrial operation shall be carried out
that would produce glare or heat noticed beyond the
property line of the lot;
g. External storage - external storage of goods or material is
permitted if kept in a neat and orderly manner or suitably
enclosed by a fence or wall to the satisfaction of the
authority having jurisdiction. No storage shall be permitted
in the front yard;
h. Industrial wastes - waste which does not conform to the
standards established from time to time by Town Bylaws
shall not be discharged into any Town sewers; and,
i.
The onus of proving to Council's satisfaction that a proposed
development does and will comply with these
requirements, rests with the developer.
Page 56
12.
COMMUNITY SERVICE DISTRICT - CS
The purpose of the Community Service District (CS) is to provide areas for
a wide range of community service related activities including social,
recreational, institutional, parks, and public service.
No person shall, within any CS - Community Service District, use any
land, or erect, alter or use any building or structure except in
accordance with the following provisions:
12.1 PERMITTED USES
a. Buildings, structures, or uses secondary or subordinate to, and
located on the same site as, the principal use, shall be
considered accessory uses and, may include commercial uses;
b. Elementary, high schools, and other educational facilities;
c. Lodges, social clubs, service clubs;
d. Municipal offices, libraries, historic and cultural institutions,
community halls;
e. Places of worship and assembly halls;
f. Child daycares;
g. Adult daycares;
h. Health facilities and special care homes;
i.
Recreational - sports fields, parks, playgrounds, curling rinks,
skating rinks, tennis courts, lawn bowling greens, swimming
pools, and other similar uses. More than one (1) recreational
use may be permitted per site;
j.
Golf courses;
k. Natural open areas;
l.
Community gardens;
m. Pedestrian trails and bicycle pathways;
n. Skateboard parks or BMX bike-terrain;
o. Scenic lookout and interpretation facilities, rest stops, and other
public trail facilities; and,
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.
12.2 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 Sections 3.9 and 5.
a. Campgrounds (refer to Section 5.9).
12.3 SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements.
Permitted and
Discretionary Uses:
Elementary and
Secondary Schools
Skating, Curling Rinks
and Swimming Pools
Minimum site area
No minimum
requirement
1200.0 m² (12,916.0
ft2)
Minimum site frontage
15.0 meters (49.0
ft.)
20.1 meters (66.0 ft.)
Maximum site coverage
75%
No requirement
Minimum front yard
7.5 meters (25.0
ft.)
7.5 meters (25.0 ft.)
Minimum rear yard
7.5 meters
(25.0 ft.)
7.5 meters (25.0 ft.)
Minimum side yard
50% of the height
of the building or
3.0 meters (10.0
ft.), whichever is
greater.
1.5 meters (4.9 ft.)
except on a corner
site abutting a street
then 3.6 meters (11.8
ft.) shall be provided.
All Other Uses
Minimum site area
450.0 m² (4,844.0 ft2)
Minimum site frontage
15.0 meters (49.0 ft.)
Maximum site coverage
No requirement
Minimum front yard
7.5 meters (25.0 ft.)
Minimum rear yard
7.5 meters (25.0 ft.)
Minimum side yard
50% of the height of the building or 3.0
meters (10.0 ft.), whichever is greater.
Page 57
12.4 ACCESSORY BUILDINGS
Minimum front yard
7.5 meters (25.0 ft.)
Principal building
All accessory buildings shall be set back 1.2
meters (4.0 ft.) from the principal building.
Maximum height
Accessory buildings shall not exceed 4.0
meters (13.0 ft.) in height from grade level to
the underside of the eaves, and shall not be
higher than the principal building.
Minimum side yard
0.8 meters (2.6 ft.) unless the side site line is
abutting a street then the side yard shall be
3.6 meters (12.0 ft.).
Minimum rear yard
All accessory buildings with a door or doors
opening onto a lane shall not be located less
than 2.0 meters (6.6 ft.) from the site line
abutting the lane.
12.5 SIGNAGE
12.5.1 One (1) permanent sign is permitted per site. The facial area of
a sign shall not exceed 4.0 m² (43.0 ft2).
12.5.2 Billboards are prohibited except for one (1) information sign for
each building or use and those bearing notices of special events
and activities, or other information, relating to a temporary
condition affecting the site. Such signs shall be approved by
Council.
12.6 PARKING
Off-street parking requirements shall be provided in accordance with
the following:
Elementary school
1 parking space for each staff member.
High school
1 parking space for each staff member, plus 1
parking space for every 10 students.
Churches and places
of assembly
1 parking space for each 50.0 m² (538.0 ft2) of
floor area.
Special care homes
1 parking space for each bed.
Institutional
buildings, private
clubs, and lodges
1 parking space for each 50.0 m² (538.0 ft2) of
floor area.
Recreational
buildings, sports
facilities, and fields
1 parking space for each of every 10 patrons
or seats.
12.7 LANDSCAPING
12.7.1 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.
12.7.2 On corner lots, in addition to the landscaping required in the
front yard, the whole of any required side yard abutting the
flanking street shall be landscaped.
12.7.3 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 (5.0 ft.) in width
throughout which shall not be used for any purpose except
landscaping.
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13.
FUTURE URBAN DEVELOPMENT - FUD
The purpose of the Future Urban Development District (FUD) is to limit
development that may affect future growth of the Town by providing for
temporary and transitional uses and activities.
No person shall within any FUD - Future Urban Development District
use any land, or erect, alter, or use any building or structure, except in
accordance with the following provisions:
13.1 PERMITTED USES
a. Agricultural crop production and horticultural uses and buildings
and structures customarily accessory to the use;
b. Commercial greenhouses, market gardens, and sod farms;
c. Uses, buildings, and structures accessory to the principal
building or use;
d. Recreational uses and sports grounds;
e. Recreational vehicle storage yards; and,
f. Public works buildings, and structures including offices,
warehouses, storage, yards, and waste management or sewage
facilities.
13.2 DISCRETIONARY USES
The following uses may be permitted in the FUD - Future Urban
Development District but only by resolution of Council and only in
locations specified in such resolution of Council. Discretionary use
requirements are provided in Sections 3.9 and 5.
a. One (1) single detached dwelling and buildings accessory to the
principal use and occupied by the owner, manager, or caretaker
of the principal use.
13.3 SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements.
Permitted and Discretionary Uses
Minimum site area
16.2 hectares (40.0 acres) for agricultural uses
Minimum site
frontage
60.0 meters (197.0 ft.) abutting a highway or
6.1 meters (20.0 ft.) abutting a street
Minimum front yard
15.0 meters (49.0 ft.) unless the property abuts
a municipal road, then the setback is 60.0
meters (197.0 ft.) from the centerline of the
municipal road.
Minimum side yard
7.5 meters (25 ft.) for a dwelling and buildings
accessory thereto, except the minimum side
yard abutting a public street shall be 10.0
meters (33.0 ft.).
Minimum rear yard
10.0 meters (32.8 ft.) for dwellings and
buildings accessory thereto, except that the
minimum rear yard abutting a public street
shall be 30.0 meters (98.0 ft.)
13.4 SIGNAGE
13.4.1 One (1) permanent sign is permitted per site. The facial area of
a sign shall not exceed 1.0 m² (10.7 ft2).
13.4.2 In the case of a home occupation, an additional permanent sign
is permitted.
13.4.3 No sign shall be located in any manner that may obstruct or
jeopardize the safety of the public.
13.5 SUPPLEMENTARY REGULATIONS
13.5.1 Council will consider the applications for 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 Town of Cabri Official Community Plan; and,
c. The development will not require the development of new
streets and utility lines except as may be provided for in
existing plans under Town of Cabri Official Community Plan
and that the proposal is not premature.
Page 59
13.5.2 Where a development is proposed at a location at which
standard connection to the Town's existing sewer and water
system is not feasible, the developer shall, at their own
expense, provide suitable water supply and sewage disposal
facilities for that development acceptable to Council and meets
The Public Health Act and Regulations requirements.
13.5.3 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 (249.0 ft.) from an occupied
dwelling situated on an adjoining site.
Page 60
14.
AGRICULTURAL RESOURCE DISTRICT - AR
The purpose of the Agricultural Resource District (AR) is to acknowledge
the long-term agricultural potential of the peripheral lands located with
the Town'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:
14.1 PERMITTED USES
a. Agricultural crop production and horticultural uses and buildings
and structures customarily accessory to the use;
b. Uses, buildings, and structures accessory to the principal
building or use; and,
c. 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 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 Sections 3.9 and 5.
a.
One (1) single-family dwelling; and,
b.
Commercial greenhouses, market gardens, and sod farms.
14.3 SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements.
Permitted and Discretionary Uses
Minimum site area
16.2 hectares (40.0 acres) for agricultural uses
Minimum site
frontage
60.0 meters (197.0 ft.) abutting a highway or
15.3 (50.0 ft.) abutting a street.
Minimum front yard
15.24 meters (50.0 ft.) unless the property
abuts a municipal road, then the setback is
60.0 meters (197.0 ft.) from the centerline of
the municipal road.
Minimum side yard
7.5 meters (25.0 ft.) for a dwelling and
buildings accessory thereto, except the
minimum side yard abutting a public street
shall be 10.0 meters (32.8 ft.).
Minimum rear yard
10.0 meters (32.8 ft.) for dwellings and
buildings accessory thereto except that the
minimum rear yard abutting a public street
shall be 30.0 meters (98.0 ft.).
14.4 SIGNAGE
14.4.1 One (1) permanent sign is permitted per site. The facial area of
a sign shall not exceed 1.0 m² (10.7 ft2).
14.4.2 In the case of a home occupation, an additional permanent sign
is permitted.
14.4.3 No sign shall be located in any manner that may obstruct or
jeopardize the safety of the public.
14.5 SUPPLEMENTARY DEVELOPMENT STANDARDS
14.5.1 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;
Page 61
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 Town of Cabri 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 Town of Cabri Official Community
Plan and that the proposal is not premature.
14.5.2
Where a development is proposed at a location at which
standard connection to the Town 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.
14.5.3
All buildings shall be set back at least 15.2 m (50.0 ft.) from the
edge of any road allowance.
Page 62
15.
FLOOD HAZARD OVERLAY - FH
The intent of the Flood Hazard Overlay (FH) area is to restrict
development in areas that are considered hazardous for development in
order to minimize property damage due to flooding. The following
regulations are intended to apply supplement standards for
development in areas designated as flood hazard zones.
15.1 DEFINING THE BOUNDARY
15.1.1 For all proposed development in this cautionary area, the
developer shall be required to contact Saskatchewan Water
Security Agency to determine the 1:500 year return frequency
flood event and necessary freeboard.
15.2 SITE REGULATIONS IN THE FLOOD HAZARD LAND AREAS
15.2.1 Development of new buildings and additions to buildings in the
flood way of the 1:500 year flood elevation of any watercourse
or water body shall be prohibited.
15.2.2 If the development of new buildings or additions is approved in
the flood fringe, flood-proofing to an elevation of 0.5 meters
(1.6 ft.) above the 1:500 year flood event will be required.
15.2.3 Placement of off-site fill in the flood fringe should be limited to
that required for flood-proofing or flood risk management, in
order to minimize displacement.
15.2.4 For a proposed development located within the flood fringe,
Council may require the developer to undertake a flood study
carried out by a qualified professional. The study shall
determine the 1:500 flood elevation including the flood way and
the flood fringe areas and any potential impacts and mitigative
measures of the proposed development.
15.2.5 "Hazardous Substances and Waste Dangerous Goods" are
prohibited, as defined by the Hazardous Substances and Waste
Dangerous Goods Control Regulations of the Environmental
Management and Protection Act of Saskatchewan.
15.3 FLOOD PROOFING REGULATIONS
15.3.1 A development permit shall not be issued for any land use,
erection, alternation, or use of any building or structure within
the Flood Hazard Overlay area unless the site/development
meets approved flood proofing measures 0.5 meters (1.6 ft.)
above the 1:500 flood design elevation.
15.3.2 Any existing buildings may be replaced or expanded subject to
appropriate flood proofing measure being provided.
15.3.3 For the purpose of this Bylaw, appropriate flood proofing
measure shall mean:
a. That all buildings shall be designed to prevent structural
damage by flood waters;
b. The first floor of all buildings shall be constructed above the
designated flood design elevation; and,
c. All electrical and mechanical equipment within a building
shall be located above the designated flood design
elevation.
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ZONING DISTRICT MAP