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TOWN OF DAVIDSON
ZONING BYLAW
BYLAW 748
Source: www.townofdavidson.com
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Town of Davidson Zoning Bylaw 748
Table of Contents
1.
INTRODUCTION __________________________________________________________________________________ 3
1.1
Authority .................................................................................................................................................................................. 3
1.2
Title ........................................................................................................................................................................................... 3
1.3
Purpose .................................................................................................................................................................................... 3
1.4
Scope ........................................................................................................................................................................................ 3
1.5
Severability .............................................................................................................................................................................. 3
2.
DEFINITIONS _____________________________________________________________________________________ 4
3.
ADMINISTRATION AND INTERPRETATION ____________________________________________________________ 19
3.1.
Development Officer ............................................................................................................................................................ 19
3.2.
Council .................................................................................................................................................................................... 19
3.3.
Application for a Development Permit ............................................................................................................................. 19
3.4.
Development Requiring a Permit, But Not Requiring a Fee .......................................................................................... 20
3.5.
Development Permit Procedure ........................................................................................................................................ 21
3.6.
Development Permit: Validity ............................................................................................................................................ 21
3.7.
Development Permit Application Fees .............................................................................................................................. 22
3.8.
Discretionary Use Application Fees ................................................................................................................................... 22
3.9.
Fee for Zoning Amendment Application ........................................................................................................................... 22
3.10.
Concurrent Processing Of Development Permits, Building Permits And Business Licenses .................................... 22
3.11.
Referral Under The Public Health Act ................................................................................................................................ 22
3.12.
Development Appeals Board .............................................................................................................................................. 23
3.13.
Minor Variances .................................................................................................................................................................... 23
3.14.
Non-Conforming Buildings Uses And Sites ....................................................................................................................... 24
3.15.
Development Permit - Invalid ............................................................................................................................................ 25
3.16.
Cancellation ........................................................................................................................................................................... 25
3.17.
Stop-Work .............................................................................................................................................................................. 25
3.18.
Interpretation ........................................................................................................................................................................ 26
3.19.
Offences And Penalties ........................................................................................................................................................ 26
3.20.
Inspection Of Premises ........................................................................................................................................................ 26
3.21.
Bylaw Compliance ................................................................................................................................................................ 26
3.22.
Moving Of Buildings ............................................................................................................................................................. 26
3.23.
Demolition Of Buildings ....................................................................................................................................................... 26
3.24.
Temporary Development Permits ...................................................................................................................................... 26
3.25.
Development Agreements .................................................................................................................................................. 27
3.26.
Servicing Agreements .......................................................................................................................................................... 27
3.27.
Performance Bonds .............................................................................................................................................................. 27
3.28.
Liability Insurance ................................................................................................................................................................. 27
3.29.
Interests ................................................................................................................................................................................. 27
4.
GENERAL REGULATIONS __________________________________________________________________________ 28
4.1.
Licenses, Permits, and Compliance With Other Bylaws and Legislation ...................................................................... 28
4.2.
Principal Use Established ..................................................................................................................................................... 28
4.3.
Multiple Uses ........................................................................................................................................................................ 28
4.4.
Number Of Principal Buildings On A Site .......................................................................................................................... 28
4.5.
Front Yard Reduction ........................................................................................................................................................... 28
4.6.
Frontage For Irregular Sites ................................................................................................................................................ 28
4.7.
Permitted Yard Encroachments ......................................................................................................................................... 29
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Town of Davidson Zoning Bylaw 748
4.8.
Restoration To A Safe Condition ........................................................................................................................................ 29
4.9.
Grading and Leveling Of Sites ............................................................................................................................................. 29
4.10.
Restrictions On Changes ...................................................................................................................................................... 29
4.11.
Uses Permitted In All Zoning Districts ............................................................................................................................... 29
4.12.
Signage On Natural And Human Heritage Sites ............................................................................................................... 30
4.13.
Heritage Properties .............................................................................................................................................................. 30
4.14.
Fence and Hedge Heights .................................................................................................................................................... 30
4.15.
Outside Storage .................................................................................................................................................................... 30
4.16.
Landscape Buffers ................................................................................................................................................................ 31
4.17.
Height Of Buildings ............................................................................................................................................................... 31
4.18.
Prohibited And Noxious Uses ............................................................................................................................................. 31
4.19.
Closings .................................................................................................................................................................................. 32
4.20.
Railway Crossings And Sight Distances ............................................................................................................................. 32
4.21.
Bareland Condominium Developments ............................................................................................................................ 32
4.22.
Satellite Dishes ...................................................................................................................................................................... 32
4.23.
Communication Towers ....................................................................................................................................................... 32
4.24.
Wind Power Turbines And Towers .................................................................................................................................... 33
4.25.
Private Garages, Sunrooms, Solariums, And Greenhouses ............................................................................................ 33
4.26.
Swimming Pools .................................................................................................................................................................... 33
4.27.
Disposal Of Wastes ............................................................................................................................................................... 34
4.28.
Development Standards For Discretionary Uses ............................................................................................................. 34
4.29.
Home Occupations ............................................................................................................................................................... 34
4.30.
Secondary Suites ................................................................................................................................................................... 35
4.31.
Modular homes ..................................................................................................................................................................... 35
4.32.
Solid and Liquid Waste Disposal Facilities ........................................................................................................................ 36
4.33.
Bed And Breakfast Homes ................................................................................................................................................... 36
4.34.
Day Care and Child Care Facilities and Pre-Schools ........................................................................................................ 36
4.35.
Residential Care Homes ....................................................................................................................................................... 37
4.36.
Campgrounds ........................................................................................................................................................................ 37
4.37.
Mobile Storage Containers (Trailers, Sea and Rail Containers) ..................................................................................... 38
5.
ZONING DISTRICTS AND ZONING MAPS ______________________________________________________________ 39
5.1
Zoning Districts ..................................................................................................................................................................... 39
5.2
The Zoning District Map ...................................................................................................................................................... 39
5.3
Boundaries of Zoning Districts ............................................................................................................................................ 39
5.4
Holding Designation ............................................................................................................................................................. 39
5.5
Future Urban District - FUD ................................................................................................................................................ 41
5.6
Residential Single Family District - R1 ............................................................................................................................... 43
5.7
Residential Multi-Family District - R2 ............................................................................................................................... 46
5.8
Residential Mobile Home District - RMH ......................................................................................................................... 50
5.9
Town Centre Commercial District - C1 ............................................................................................................................. 55
5.10
High Profile Commercial / Industrial District - HPC ........................................................................................................ 59
5.11
Industrial District - I ............................................................................................................................................................. 64
5.12
Community Service District - CS ........................................................................................................................................ 69
6.
REPEAL AND ADOPTION __________________________________________________________________________ 72
APPENDIX "A" ______________________________________________________________________________________ 73
APPENDIX "B" ______________________________________________________________________________________ 77
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Town of Davidson Zoning Bylaw 748
1. INTRODUCTION
1.1 Authority
Under the authority granted by The Planning and Development Act, 2007, the Mayor and Council of the Town
of Davidson in the Province of Saskatchewan, in open meeting, hereby enact as follows:
1.2 Title
This Bylaw shall be known and may be cited as the "Zoning Bylaw" of the Town of Davidson.
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
Davidson in accordance with the official community plan Bylaw 748.
1.3.2
The intent of this Zoning Bylaw is to provide for the amenity of the area within the Town of Davidson
(hereinafter referred to as Davidson) and for the health, safety, and general welfare of the
inhabitants of Davidson and area:
a) To minimize land use conflicts;
b) To establish minimum standards to maintain the amenity of the Town;
c) To ensure development is consistent with the physical limitations of the land;
d) To restrict development that places undue demand on the Town for services; and
e) To provide for land-use and development that is consistent with the goals and objectives of the
Town.
1.4 Scope
This Bylaw applies to all land included within the boundaries of the Town of Davidson. All development within
the limits of the Town of Davidson shall hereafter conform to the provisions of this Bylaw.
1.5 Severability
A decision of a Court that one or more of the provisions of this Bylaw are invalid in whole or in part does not
affect the validity, effectiveness, or enforceability of the other provisions or parts of the provisions of this
Bylaw.
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Town of Davidson Zoning Bylaw 748
2. DEFINITIONS
Whenever the subsequent words or terms are used in the Town of Davidson Official Community Plan, Bylaw No. 747 and
this Bylaw, they shall, have the following definition unless the context indicates otherwise.
Abattoir: a facility used 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.
e) Accessory Building, Large: An accessory
structure exceeding a height of 4.57 metres (15
feet) or having a floor area of greater than 92.90
m² (1000 ft²).
Accessory Dwelling Unit: a second, small, dwelling on
the site of a primary, single-family dwelling that
accommodates one or two family members of the
owner/occupants of the primary residence and is
intended to allow the family to live independently but
with the support nearby of the extended family.
Act: The Planning and Development Act 2007, Province of
Saskatchewan, as amended from time to time.
Adjacent: contiguous or would be contiguous if not for a river,
stream, railway, road or utility right-or-way or reserve land; and
any other land identified in this Bylaw as adjacent land for the
purpose of notification.
Administrator: the Administrator of the Town of Davidson.
Aggregate Resource: mineral materials including sand,
gravel, clay, earth or mineralized rock, including recycled
concrete.
Agricultural: a use of land, buildings or structures for the
purpose of animal husbandry, fallow, field crops, forestry,
market gardening, pasturage, private greenhouses and includes
the growing, packing, treating, storing and sale of produce
produced on the premises and other similar uses customarily
carried on in the field of general agriculture.
Alteration or Altered: with reference to a building, structure
or site means a change from one major occupancy class or
division to another, or a structural change such as an addition
to the area or height, or the removal or part of a building, or
any change to the structure such as the construction of, cutting
into or removal of any wall, partition, column, beam, joist, floor
or other support, or a change to or closing of any required
means of egress or a change to the fixtures, equipment,
cladding, trim, or any other items regulated by this Bylaw such
as parking and landscaping.
Ancillary Use: a secondary and subordinate use to the
principle use, which is specifically allowed, and may include an
associated building that is specifically allowed pursuant to this
Bylaw.
Animal Clinic: a building or part thereof used by a qualified
veterinarian for the treatment of animal health needs where
animals are not kept on the premises for surgery or kept
overnight.
Animal Hospital: the premises of a veterinary surgeon where
small, large domestic animals and livestock are treated or kept
involving surgery and the keeping of animals in outdoor or
indoor pens.
(Animal)Veterinary Clinics: a place for the care and
treatment of small animals involving outpatient care and
medical procedures involving hospitalization, but shall not
include the keeping of animals in outdoor pens.
Apartment Block: a building containing three or more
dwelling units as herein defined, each of which is occupied or
intended to be occupied as a permanent home or residence as
distinct from a hotel or rooming house.
Applicant: a developer or person applying for a Development
Permit under this Bylaw or for a subdivision approval to an
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Town of Davidson Zoning Bylaw 748
Building Height Measurement
approving authority under The Planning and Development Act
2007.
Attic: that portion of a building situated wholly or in part
within the roof and which is less than one-half story.
Automobile (Motor Vehicle): a self-propelled passenger
vehicle that usually has four wheels and an internal-combustion
engine, used for land transport.
Auto Wrecker: an area where motor vehicles as disassembled,
dismantled or junked, or where vehicles not in operable
condition, or used parts of motor vehicles, are stored or sold to
the general public.
Awning: a structure that is mechanical and fabricated from
plastic, canvas or metal that is spread across a frame designed
to be attached to a wall and hung above a doorway or window.
Basement: that portion of a building that is partly or wholly
underground.
Bed and Breakfast: a dwelling unit, licensed as a tourist
home under The Tourist Accommodation Regulations, 1969, in
which overnight accommodation within the dwelling unit, along
with one meal served before noon, is provided to the traveling
public for a charge.
Billboard: a private free standing sign, including supporting
structure,
which
advertises
goods,
products,
services,
organizations, of facilities that are available from, located on, or
refer to, a site other than the site on which the sign is located.
Buffer: a strip of land, vegetation or land use that physically
separates two or more different land uses.
Building: a structure constructed on, in, or over land and used
for the shelter or accommodation of persons, animals, goods,
or chattels, and includes any structure covered by a roof
supported by walls or columns.
Building, Accessory (see Accessory)
Building Bylaw: A Bylaw of the Town of Davidson 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.
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Town of Davidson Zoning Bylaw 748
Building Permit: a permit, issued under the Town of Davidson
Building Bylaw No. 613, authorizing the construction of, or the
addition to, any building but does not include a Development
Permit.
Building, Principal: a building in which is conducted the main
or primary use of the site on which said building is situated.
Building Line, Established: the average distance from the
street line to the main wall of existing buildings on any side of
any block where more than half the frontage of the block has
been built on.
Bulk Fuel Sales and Storage: includes land, buildings, and
structure for the storage and distribution of fuels and oils
including retail sales or key-lock operation.
Business Support Services: Activities intended to provide
administrative,
promotional
or
technical
support
for
commercial and industrial activities.
Bylaw: The Town of Davidson Zoning Bylaw.
Campground: an area used for a range of overnight camping
experiences, from tenting to serviced trailer sites, including
accessory
facilities
which
support
the
use,
such
as
administration offices and laundry facilities, but not including
the use of mobile homes or trailers on a permanent year-round
basis.
Cardlock Operation: a petroleum dispensing outlet without
full-time attendants.
Carport: a building or structure or part thereof, where at least
40% of the area of the perimeter is open and unobstructed by a
wall, door, post or pier and which is used for the parking or
storage of motor vehicles.
Cemetery: a cemetery or columbarium within the meaning of
The Cemeteries Act Chapter C-4, R.S.S. 1981, as amended
from time to time.
Club: a group of people organized for a common purpose, to
pursue common goals, interest or activities, and usually
characterized by certain membership qualifications, payment of
dues or fees, regular meetings, and a constitution and bylaws.
Commercial Use: the use of land, building(s), or structure(s)
for the purpose of buying and selling commodities, and
supplying professional and personal services for compensation.
Commercial/Industrial Use, Large Scale: Commercial or
Industrial land uses maintaining a lineal frontage in excess of
91.0 metres (298.56 feet).
Commercial/Industrial Use, Small Scale: Commercial or
Industrial land uses maintaining a lineal frontage of less than
91.0 metres (298.56 feet).
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.
Condominium, Bare Land (Freehold): involves dividing
a parcel of land into individually owned 'bare land units'. Each
bare land unit is shown on a survey plan. The balance of the
parcel around the units is common property.
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.
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Town of Davidson Zoning Bylaw 748
Convenience Store: a store offering for sale primarily food
products, beverages, personal care items, hardware and
printed matter and which primarily provides a convenient day-
to-day service to residents in the vicinity.
Council: the Council of the Town of Davidson.
Cultural Institution: establishments such as museums, art
galleries, libraries and similar facilities or historical, educational
or cultural interests which are not commercially operated.
Day Care Centre: an establishment providing for the care,
supervision and protection of children (or adults) but does not
include the provision or overnight supervision.
Deck: any raised floor structure at least 0.31 metres (1 foot)
above the average ground level upon which it is constructed,
either adjacent to a building or free-standing with stairway,
ramp, or similar access.
Development: the carrying out of any building, engineering,
mining, or operations in, on, or over land, or making of any
material change in the use or intensity of use of any building, or
land, and shall include, but not be limited to, excavating, filling,
grading or drainage of land.
Development Officer: a person appointed by the Town
Council to act as a Development Officer to administer this
Bylaw.
Demolition Permit: a permit issued for the removal or
dismantling of a building or structure with the Town's
boundaries as prescribed under Section 13 of The Uniform
Building and Accessibility Standards Act.
Development Permit: a document issued by the Town of
Davidson 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 or more habitable rooms used, or fully
capable of being used, as a residence, where each unit provides
sleeping, cooking and toilet facilities.
Dwelling, Duplex: a building that is divided into two dwelling
units with separate entrances and separated by a common
party wall.
Dwelling Group: a group of single-detached, semi-detached,
or multiple unit dwellings clustered on one lot or site, built as
one development.
Dwelling, Multiple Unit: a building containing three or more
dwelling units and shall include condominiums, townhouses,
row houses, and apartments as distinct from a rooming house,
hotel, or motel.
Dwelling, Semi-Detached: a building divided vertically into
two (2) dwelling units by a common wall extending from the
base of the foundation to the roofline.
Dwelling, Single-Detached: a building containing only one
dwelling unit, and shall not include a mobile home as herein
defined.
Semi-Detached Dwelling
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Town of Davidson Zoning Bylaw 748
Dwelling, Town House: a dwelling, designed as one cohesive
building in terms of architectural design, which contains three
(3) or more similar attached dwelling units each of which fronts
on a street, has direct access to the outside at grade and is not
wholly or partly above another dwelling.
Educational Institution: an establishment dedicated for the
purpose of providing education and instruction in any branch of
knowledge.
Existing: currently in place, or taking place, or with all
approvals and permits in place on the date of the adoption of
this Bylaw.
Farm Building/Yard: improvements such as barns, granaries,
etc used in connection with the growing and sale of trees,
shrubs and sod or the raising or production of crops, livestock
or poultry, fur production, bee keeping and situated on a parcel
of land used for the farm operation.
Fence: a structure used to enclose or screen areas of land.
Fill (Clean Fill): soil, rock or other material approved by the
Town.
Flanking: means to the side of a lot, parcel or site.
Flood: A temporary rise in the water level that results in the
inundation of areas not ordinarily covered by water.
(Design) Flood Level:
a) a 1:500 year flood;
b) a flood having a return period greater than 1:500
years;
c) a recorded flood having a water surface elevation
equal to or exceeding that of a 1:500 year flood
Flood Fringe: the portion of the flood plain where the waters
in the 1:500 year flood are projected to be less than a depth of
one metre or a velocity of one metre per second.
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.
Floodway: the portion of the flood plain adjoining the channel
where the waters in the 1:500 year flood are projected to meet
or exceed a depth of one metre or a velocity of one metre per
second.
Floor Area: the maximum area contained within the outside
walls of a building, excluding in the case of a dwelling, any
private garage, porch, veranda, open deck, unfinished attic, or
unfinished basement or cellar and in the case of a commercial
or industrial building, any utility room.
Freeboard Elevation: the elevation of the Design Flood Level
(the 1:500 flood elevation) plus an extra 0.50 metres (1.64 feet)
to provide protection against wave run-up and ice surge.
Free Standing Sign: A sign, except a billboard, independently
supported and visibly separated from a building or other
structure and permanently fixed to the ground.
Single-Detached Dwelling
Town House Dwelling
- 9 -
Town of Davidson Zoning Bylaw 748
Frontage (Lot Frontage): The distance across the street side
of a lot (a lot must front on a street), between the points where
the side lines of the lot meet the street right of way or
boulevard; or, where a lot is irregular in shape and is narrowest
at the front street end, the width of the lot shall be measured
parallel to the street line at the centre of the front lot line, and
at a setback from the front lot line no greater than the
minimum permitted building setback.
Future Land Use Map: in its projections, this map specifies
certain areas for residential growth and others for residential,
industry, commercial and conservation. The Future Land Use
Map for Davidson is attached as Appendix "A " in the Official
Community Plan.
Garage, Private: a building or part of a building used for or
intended to be used for the storage of motor vehicles and
wherein neither servicing nor repairing of such vehicles are
carried on for remuneration.
Garage, Public: a building or place where motor vehicles are
stored or repaired for remuneration but does not include car
washing establishments, an auto sales lot or an automobile
service station.
Gas Bar: a building or place where fuel and automotive fluids
are sold and may be added to a vehicle on the property, and
which may have a convenience store and/or restaurant.
General Commercial Type I: those developments where
activities and uses are primarily carried on within an enclosed
building intended to provide for the merchandising of refined
goods and services targeted for the travelling public and the
surrounding community for financial gain.
General Industry Type I: those developments where
activities and uses are primarily carried on within an enclosed
building where no significant nuisance factor is created or
apparent outside an enclosed building. Developments of this
type shall not pose, in the opinion of a Development Officer,
any significant risk of interfering with the amenity of adjacent
sites because of the nature of the site, materials or processes
and shall include but not be limited to the following activities:
a)
the assembling of goods, products or equipment.
b) the limited processing of raw, value-added or finished
materials.
c)
the storage or trans-shipping of materials, goods and
equipment.
d) the training of personnel in general industrial
operations.
It may include any indoor display, office, technical or
administrative support areas or any sales operation accessory
to the general industrial uses.
General Industry Type II: those developments in which
all or a portion of the activities and uses are carried on
outdoors, without any significant nuisance or environmental
factors such as noise, appearance, or odour, extending beyond
the boundaries of the site. Developments of this type shall not
pose, in the opinion of a Development Officer, any significant
risk of interfering with the amenity of adjacent sites because of
the nature of the site, materials or processes and shall include
but not be limited to the following activities:
a)
manufacturing, fabricating, processing, assembly,
finishing, production or packaging of materials, goods
or products.
b) the storage or transshipping of materials, goods and
equipment.
c)
the cleaning, servicing, repairing or testing of
materials, goods and equipment normally associated
with industrial or commercial businesses or cleaning,
servicing and repair operations to goods and
equipment associated with personal or household
use, where such operations have impacts that would
make them incompatible in non-industrial districts.
General Industry Type III (Exclusionary Uses): refers
to certain industrial activities that maybe characterized as
exhibiting a high potential for adversely affecting the safety,
use, amenity or enjoyment of adjacent and nearby industrial
and non-industrial sites due to their scale, appearance, noise,
odour, emissions and hazard potential. Such activities are
considered exclusionary when the only means of mitigating the
associated negative effects on surrounding land uses is through
spatial separation. Such uses would include, but not be limited
to, the following: Landfill, Ethanol Plant, Transformer Stations,
Uranium
Refiners,
Anhydrous
Ammonia
Storage
and
Distribution Centres.
- 10 -
Town of Davidson Zoning Bylaw 748
Grade: the average elevation of the natural ground level at
the walls of a building or structure as determined by the
elevation of the four outside corners of the building.
Greenhouse, Commercial: a building for the growing of
flowers, plants, shrubs, trees and similar vegetation that are not
necessarily transplanted outdoors on the same site, but are
sold directly at wholesale or retail from the site.
Greenhouse, Private: a building for the growing of flowers,
plant, shrubs, trees and similar vegetation that are transplanted
outdoors on the same site containing such greenhouse(s), and
where greenhouse products may not be offered for sale.
Greenways: a linear park which may accommodate pathways
principally for foot traffic and/or bicycles. Typically, greenways
are planned along creeks or streams and managed as natural
environments, or bikeways along landscaped roads.
Group Home: (Please refer to Personal Care Home)
Hazardous Industry/Substance: a substance that, because
of its quality, concentration or physical, chemical or infectious
characteristics, either individually or in combination with other
substances on the site is an existing or potential threat to the
physical environment, to human health or other living
organisms.
Hazard(ous) Land: land having inherent environmental
hazards; land subject to flooding, earth movement, or slope
instability, land with poor natural drainage, ground water
seepage, erosion, steep slopes, rock formations, or other
similar features.
Health Service Facility (Health Clinic): a building or part
thereof used by qualified health service practitioners for the
treatment of human health needs.
Height of the Sign: the vertical distance measured from the
highest point of the sign to grade level at the centre of the sign.
Heritage Resource: the cultural 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.
Hot Tub/Lap 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 other
similar activity and having a depth of 0.61 metres (2 feet) or
more and which is 2.44 metres (8 feet) or less across the widest
portion of the water surface.
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.
- 11 -
Town of Davidson Zoning Bylaw 748
Infill Development: re-development within existing areas or
neighbourhoods.
Institutional Use: the use of land, buildings, or structures for
religious, charitable, educational, health or welfare purposes
and includes churches, public or private schools, nursery
schools, hospitals, and special care
Kennel, Boarding: the temporary accommodation of more
than four dogs, cats or other domestic animals for commercial
purposes.
Kennel, Breeding: the keeping of domestic animals, male
and female, and which are more than 12 months old, for
breeding purposes.
Kennel, Enclosure: an accessory building or enclosure
intended to house one of more domestic animals.
Landfill: 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 Map: a comprehensive document compiled by a
local government that identifies goals and strategies for future
development or preservation of land. In its projections, the map
specifies certain areas for residential growth and others for
agriculture, industry, commercial and conservation.
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.
Large
Scale
Commercial/Industrial:
commercial
or
industrial land uses maintaining a lineal frontage in excess of
91.44 metres (300 feet).
Livestock: domesticated animals used primarily as beasts of
burden or for the production of fur, hides, meat, milk, eggs or
other product, or as breeding stock, but excluding companion
animals.
Loading Space: a space measuring at least 2.5 metres (8.20
feet) in width and 8.5 metres (27.88 feet) in depth, located on a
lot, and having access to a street or lane, in which a vehicle may
park to load or unload.
Lot (see Site): an area of land with fixed boundaries on record
with the Information Services Corporation (ISC) by Certificate of
Title. For the purposes of this Bylaw the terms "lot" and "site"
shall be deemed not to mean the same.
Lounge: a room or area adjoining a restaurant set aside for the
sale of beverage alcohol for consumption on the premises, with
or without food, and where no area has been set aside for
dancing or entertainment, either in the lounge or in the
adjoining restaurant. The area of a lounge may not exceed 50%
or the public assembly area in the adjoining restaurant, subject
to Provincial regulations.
Manufacturing Establishment: a firm or business engaged
in the mechanical or chemical transformation of materials or
substances into new products including the assemblage of
components parts, the manufacturing of products and the
blending of materials.
Marquee: a roof-like structure of a permanent nature which
projects from the wall of a building that is independently
supported by a system of columns or piers without walls over
an entrance to a building.
Mayor: The Mayor of the Town of Davidson.
Minister: The member of the Executive Council to whom for
the time being is assigned the administration of The Planning
and Development Act, 2007.
Mini-Storage: a commercial facility made up of more than
one unit in which customers can rent space to store
possessions.
Mixed-Use: a mix of land uses that facilitate the mixing, rather
than separation of, land uses in one distinctive environment,
either vertically in the same building or horizontally adjacent. It
is intended to be compatible with adjacent uses.
Mobile Home: a trailer coach that may be used as a dwelling
all year round; has water faucets and shower or other bathing
facilities that may be connected to a water distribution system;
has facilities for washing and a water closet or other similar
- 12 -
Town of Davidson Zoning Bylaw 748
facility that may be connected to a sewage system; and that
conforms to the Canadian Standards Association Standard #
Z240.
Mobile Home Park: a site under single management for the
placement of two or more mobile homes and shall include all
accessory buildings necessary to the operation but does not
include an industrial or construction camp or tourist campsite.
For the purpose of this Bylaw the terms mobile home park and
mobile home court shall be deemed to mean the same.
Mobile Home Site: an area of land in a mobile home park
that is intended to be occupied by one mobile home and for
exclusive use of its occupants with access to a driveway or a
public street.
Mobile Home Subdivision: any subdivision of land and the
development thereof for the purpose of accommodating
mobile homes in such a manner that each home is situated on
its own titled site, which shall contain a minimum site area of
464.50 m ² (5000 ft ²) and in which all such sites, public open
spaces, internal streets and lanes, buffer zones and other
amenity areas form a contiguous area of development.
Modular (Manufactured) Home: a residential dwelling that
is constructed off site in a yard or factory, in one or more
sections, transported to a site for permanent installation on a
permanent foundation (may have a basement), having
architectural features similar to permanent residential
dwellings built on site in the Town, and conforming to Canadian
Standards Association (CSA) Standard A277.
Modular
(Manufactured)
Home
Subdivision:
any
subdivision of land and the development thereof for the
purpose of accommodating modular homes in such a manner
that each home is situated on its own site, which shall contain a
minimum site area of 464.50 m ² (5000 ft ²), and in which all
sites, public open space, internal streets, buffer zones, and
other amenity areas form a contiguous area of development.
Motel or Motor Hotel: a building or buildings consisting of a
number of individual rental units, intended for the use of the
traveling public, each containing at least a bedroom and
bathroom, and each having convenient access to a parking
space for the use of the occupants of the units and may or may
not provide food service.
Multiple-Unit Building: a building containing two (2) or more
distinct uses, each of which is allowed in the Zoning District in
which the building is located.
Municipality: the Town of Davidson.
Municipal Reserve: Dedicated lands that are provided to a
municipality for public use, or that were dedicated as public
reserve and transferred to a Municipality pursuant to of The
Planning and Development Act, 2007.
Museum: an institution that is established for the purpose of
acquiring, conserving, studying, interpreting, assembling and
exhibiting to the public for its instruction and enjoyment, a
collection or artifacts of historical interest.
Natural Areas: an area relatively undisturbed by human
activities and characterized by indigenous species including
remnant or self-sustaining areas with native vegetation, water,
or natural features.
Non-Conforming Use: any use of land, building or structure
lawfully existing or under construction where permits have
been issued at the time of the passing of this Bylaw, the use of
Double-Wide Mobile Home
Modular (Manufactured) Home
- 13 -
Town of Davidson Zoning Bylaw 748
which does not comply with all the regulations of this Bylaw
governing the Zoning District in which it is located.
Noxious Use or Condition: any use or facility that causes or
produces harmful or hazardous noise, vapours, smoke, dust
(particles suspended in/or transported by air), vibrations,
electrical or electromagnetic fields, glare, or light.
Office or Office Building: a building or part of a building used
primarily for conducting the affairs of a business, profession,
service, industry or government in which no goods or
commodities of business or trade are stored, trans-shipped,
sold or processed.
Official Community Plan (OCP): the Town of Davidson
Official Community Plan Bylaw No. 747.
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.
Parcel: a specified area of land.
Park Model Trailer/Unit: a unit designed to facilitate
occasional relocation, with living quarters for a temporary or
seasonal use; has water faucets and shower or other bathing
facilities that may be connected to a water distribution system;
and has facilities for washing and a water closet or other similar
facility that may be connected to a sewage system. It has a
gross floor area not exceeding 50 m2 (540 ft2). CSA Number
Z241.
Parking Lot: an open area, other than a street, used for the
temporary parking of more than four vehicles and available for
public or private use.
Parking Space: a space within a building or parking lot for the
parking of one (1) motor vehicle including convenient access to
a public lane or street and shall be not less than 3.0 metres
(9.85 feet) wide and 5.5 metres (18.04 feet) in length.
Pasture: a site that is used for the raising and feeding of
livestock by grazing.
Patio: any hard surface or floor structure less than 0.31
metres (1 foot) above the average ground level upon which it is
constructed.
Permitted Use: the use of land, buildings or other structures
that are permitted in a Zoning District where all requirements
of this Bylaw are met.
Person: shall apply to an individual, association, firm,
partnership, corporation, trust, or agent, and their heirs,
executors, or other legal representatives of a person to whom
the same can apply according to the law.
Personal Service Trades: a building or part of a building in
which persons are employed in furnishing services and
administering to customer's personal and or grooming needs,
but does not include the provision of health related services.
Places of Worship: a building set aside by any religious
organization for public worship. Typical uses include churches,
chapels, mosques, temples, synagogues and parish halls.
Pond: any constructed containment of water for the purpose
of landscape enhancement, keeping ornamental fish or aquatic
plants, or for other similar purposes, but not a swimming pool.
Principal Use: the main or primary activity, for which a site or
its buildings are designed, arranged, developed or intended, or
for which is occupied or maintained.
Public Work: a facility as defined under The Planning and
Development Act, 2007 including a system, work, plant,
equipment, or service, whether owned or operated by the
Municipality, or by a corporation under Federal or Provincial
statute, that furnishes any of the following services and
facilities to, or for the use of, the inhabitants of the Town of
Davidson:
a)
Communication by way of telephone lines, optical
cable, microwave, and cable;
b) Television services;
c)
Delivery of water, natural gas, and electricity;
Park Model Trailer 102
Park Model Recreational Unit
- 14 -
Town of Davidson Zoning Bylaw 748
d) Public transportation by bus, rail, or other vehicle
production, transmission;
e) Collection and disposal of sewage, garbage, and other
wastes; and
f)
Fire and Police Services.
Real-Estate Signage: signage directly associated with the sale
of a property on which it is located and which maintains a gross
surface area of less than 1.0 m² (10.76 ft²).
Recreational Use: the use of land for parks, playgrounds,
tennis courts, lawn bowling greens, indoor and outdoor skating
rinks and curling rinks, athletic fields, golf courses, picnic areas,
swimming pools, day camps, community centres and all similar
uses, together with the necessary and accessory building sand
structures; but does not include the racing of animals or
motorized vehicles.
Recreational Vehicle: a vehicle, such as a camper or motor
home, used for traveling and recreational activities.
Recreational Vehicle (RV) Park: an area of land, managed as
a unit, providing short-term accommodation for motor homes
and camping trailers, including accessory facilities such as
administration offices and laundry facilities.
Recycling Collection Depot (Neighbourhood): a building
or structure used for the collection and temporary storage of
recyclable household material such as bottles, cans, plastic
containers, paper and paint, but shall not include the
processing of recyclable material other than compaction; the
collection and storage of oil, solvents or other hazardous
material; or outdoor compaction or storage.
Recycling Collection Facility (Commercial): a building or
structure intended to accommodate the collection, sorting,
processing and temporary storage of recyclable materials that
would otherwise be considered waste. These types of uses
include outdoor processing or storage.
Redevelopment (Please see Infill Development)
Residential Care Home: a licensed or approved group care
home governed by Provincial regulations that provide, in a
residential setting, 24 hour care of persons in need of personal
services, supervision or assistance essential for sustaining the
activities of daily living or for the protection of the individual.
Residential Use: the use of land, buildings, or structures for
human habitation.
Restaurant: a building or part of a building wherein food is
prepared and offered for sale to the public primarily for
consumption within the building. Limited facilities may be
permitted to provide for a take-out food function provided that
such a facility is clearly secondary to the primary restaurant
use.
Retail Store (Shop): a building or part thereof, or a place,
where goods, wares, merchandise, substances, or articles are
offered or kept for sale or rent, and may include servicing and
the manufacture of products on site for sale on the site so long
as the gross floor area used for manufacturing does not exceed
25% of the gross floor area of the retail store.
Right-Of-Way: the land set aside for use as a roadway or
utility corridor. Rights of way are purchased prior to the
construction of a new road or utility line, and usually enough
extra land is purchased for the purpose of providing mitigative
features. In some cases, a road right-of-way is left vacant after
the initial roadway facility is constructed to allow for future
expansion.
Rooming House (Boarding House): a building which
contains a room or rooms for accommodation other than a
dwelling unit or other form of accommodation defined
elsewhere in this Bylaw, where meals may or may not be
provided, with sleeping facilities and with or without private
toilet facilities.
RTM (Ready to Move) Home: A residential dwelling that is
constructed off- site in a yard or factory in accordance to the
National Building Code and transported as a single unit to a site
for permanent installation on a permanent foundation, with or
without a basement.
Satellite Dish: a parabolic antenna utilized for the reception
of satellite transmitted television or radio waves.
RTM (Ready to Move) Home
- 15 -
Town of Davidson Zoning Bylaw 748
Location and measurement of setbacks
Salvage Yard (Wrecking): a parcel of land where second-
hand, discarded or scrap materials are bought, sold, exchanged,
stored, processed or handled. Materials include scrap iron,
structural steel, rages, rubber tires, discarded goods,
equipment, appliances or machinery.
School: an educational facility under the jurisdiction of a Board
of Education, a college, university, or any other school
established and maintained either wholly or partially at public
expense, whether or not the same is a boarding school and
includes any dormitory building accessory to such school.
Secondary Suite: a self-contained dwelling unit which is an
accessory use to, and located within, a detached building in
which the principal use is a one unit dwelling.
Self-service storage facility: a commercial business that
rents or leases storage rooms, lockers, containers, modular
storage units and/or outdoor space, for businesses and
individuals to store and access their goods.
Service Station: a site used for the retail sale of lubricating
oils and diesel/gasoline, automobile accessories, and for the
servicing and repairing of motor vehicles essential to the
operation of a motor vehicle; but does not include an auto body
or painting shop, car sales lot, or a car washing establishment.
Setback: the distance required to obtain the front yard, rear
yard or side yard provisions of this Bylaw.
Shopping Centre: a building or group of buildings located on
one or more contiguous and/or non-contiguous lots or site, in
which four (4) or more of the uses allowed in the Zoning District
are co-located for their mutual benefit including the use of off-
street parking and other joint facilities.
Should, Shall or May;
a)
Shall is an operative word which means the action is
obligatory.
b) Should is an operative word which means that in
order to achieve plan objectives, it is strongly advised
that the action be taken.
c)
May is an operative word meaning a choice is
available, with no particular direction or guidance
intended.
Sign: Any device, letter, symbol, emblem or picture, that is
affixed to or represented directly or indirectly upon a building,
structure, or a piece of land and that identifies or advertises any
object, product, place, activity, person, organization, or
business in such a way as to be visible to the public on any
street, thoroughfare, or any other public place.
Sign, Billboard: a private free standing sign, including
supporting structure, which advertises goods, products,
services, organizations, of facilities that are available from,
located on, or refer to, a site other than the site on which the
sign is located.
Sign, Canopy: a sign attached to, or painted on an awning,
canopy or freestanding canopy.
Sign, Fascia: a sign fastened to, or painted on the wall of a
building or structure in such a manner that the wall becomes
the supporting structure for, or forms the background surface
of the sign and which does not project more than 0.5 metres
(1.64 feet) from such building or structure.
Sign, Freestanding: sign, except a billboard, independently
supported and visibly separated from a building or other
structure and permanently fixed to the ground.
Sign, Height: The vertical distance measured from the highest
point of the sign to grade level at the centre of the sign.
Sign, Marquee: a sign that is mounted or painted on, or
attached to an awning, canopy, or marquee.
- 16 -
Town of Davidson Zoning Bylaw 748
Sign, Off-Premises: a sign which contains any message
chosen by a person other than the person in control of the
premises upon which the sign is located.
Sign, Projecting (Awning): A sign which is wholly or partially
dependent upon a buildings for support and which projects
more than 0.5 metres (1.64 feet) from such building. (including
Awning Signs).
Sign, Temporary: A sign which is not permanently installed or
affixed in position, advertising a product or activity on a limited
basis.
Site: an area of land, consisting of one or more lots
consolidated under a single certificate of title, considered as a
unit devoted to a certain use or occupied by a building or a
permitted group of buildings, and the customary accessories
and open spaces belonging to the same.
Site Area: the total horizontal area within the site lines of a
site.
Site, Corner: a site at the intersection of two or more public
streets, or upon two parts of the same street, the adjacent
sides of which street or streets (or, in the case of a curved
corner, the tangents at the street extremities of the side site
lines) contain an angle of not more than one hundred and
thirty-five (135) degrees. In the case of a curved corner, the
corner of the site shall be that point on the street at the point
of intersection of the said tangents.
Site Coverage: the percentage of the site area covered by all
the buildings above the ground level.
Site Depth: the horizontal distance between the front site and
rear site lines, but where the front and rear site lines are not
parallel the site depth is the length of a line joining the
midpoint of such site lines.
Site Line: any boundary of a site.
Site Line, Front: the line separating the site from the street;
for a corner site, the shorter line abutting a street; but in the
case of a corner site with two street lines of equal length, the
front site line shall be designated by predetermined building
lines.
Site Line, Rear: the site line at the rear of the site, opposite
the front site line.
Site Line, Side: a site line other than a front or rear site line.
Site Plan: a plan showing the location of existing and proposed
buildings on a site in relationship to the site lines.
Site, Through: a site other than a corner site, having separate
frontages on two streets. The front site line of a through site
shall be determined by predetermined building lines. This is
only allowed in Commercial and Industrial Zoning Districts.
Site, Width: the horizontal distance between the side
boundaries of the site measured at a distance from the front lot
line equal to the minimum front yard required for the district in
which the site is located.
Small Scale Commercial: commercial or industrial land uses
maintaining a lineal frontage of less than 90.0 metres (295.28
feet).
Special Care Facility (Home): an institutionalized nursing
home, supervisory care home, sheltered care home or other
facility used for the purpose of providing supervisory care,
personal care, and nursing care.
Special Needs Housing: multiple unit dwellings or dwelling
groups operated by a non-profit corporation or public authority
and used exclusively for the domestic habitation of senior
citizens, disabled persons, occupants of subsidized housing, or
the cohabitant spouse and children of persons noted above.
Storey: that portion of a building, other than an attic or
basement, between the upper surface of any floor and the
upper surface of the floor next above.
Storey, One-Half: that portion of a building situated wholly or
in part within the roof and in which there is sufficient space to
provide a height between finished floor and finished ceiling of
between 2.0 metres (6.57 feet) and 2.5 metres (8.21 feet) over
a floor area which is not less than one-third nor more than two-
thirds of the floor area of the story next below.
Stakeholders: individuals, groups or organizations who have a
specific interest or "stake" in a particular need, issue situation
or project and may include members of the local community
residents, community groups or local, provincial and federal
governments.
Street: the whole and entire width of every highway, public
road, or road allowance vested in Her Majesty in the right of
- 17 -
Town of Davidson Zoning Bylaw 748
Motor Home - Camping Trailer
the Province of Saskatchewan and shown as such on a plan of
survey registered at the Information Services Corporation (ISC).
Strip Mall (Mini Mall): a building of not more than 604.0 m2
(6501.61 ft2) in gross floor area in which a minimum of three (3)
and a maximum of six (6) of the permitted or discretionary uses
of the Zoning District are located together for their mutual
benefit.
Structural Alteration: the construction or reconstruction of
supporting elements of a building or other structure.
Structure: anything that is built, constructed or erected that is
located on the ground or attached to something located on, or
in the ground.
Subdivision: the division of land, and includes a division of a
quarter section into legal subdivision as described in the
regulations made pursuant to The Land Surveys Act, 2000.
Swimming Pool: any body of water permanently located
outdoors or indoors, contained by artificial means and used and
maintained for the purpose of swimming, wading, or diving and
having a depth of 0.61 metres (2.0 feet) or more at any point.
Tavern: an establishment, or portion thereof, where the
primary business is the sale of beverage alcohol for
consumption on the premises, with or without food, and where
no live entertainment or dance floor is permitted, subject to
Provincial Regulations.
(Tele)communication Facility: a structure situated on a non-
residential site that is intended for transmitting or receiving
television, radio or cellular communications, excluding those
used exclusively for dispatch communications.
Temporary Signage: a sign which is not permanently installed
or affixed in position, advertising a product or activity on a
limited basis.
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 Davidson.
Town Administrator: the Administrator of the Town of
Davidson.
Trailer (Camping), Motor Home: any vehicle designed,
constructed or reconstructed in such a manner as will permit
occupancy as a dwelling or sleeping place for one or more
persons, notwithstanding that its running gear is removed or
jacked up, is used or constructed in such a way as to enable it to
be used as a conveyance upon public streets or highways, and
includes self-propelled and non-self-propelled vehicles.
Trucking Firm Establishment: the use of land, buildings or
structures for the purpose of storing, servicing, repairing, or
loading trucks, transport trailers and/or buses, but does not
include an automobile service station, transportation sales or
rental outlets.
Use: the activity or purpose for which any land, building,
structure, or premises, or part thereof is arranged, designed, or
intended, occupied, or maintained.
Used For: includes "arranged for", "designed for", "intended
for", "maintained for", and "occupied for".
Utility Shed: an accessory building or structure used for the
storage of goods with a maximum floor area of 9.29 m² (100
ft²).
Vehicle Repair and Maintenance Service:
a)
Indoor: includes all land uses which perform
maintenance services to motorized vehicles and
contain all operations (except vehicle storage)
entirely within an enclosed building.
b) Outdoor: maintenance services have all or any
portion of their operations located outside of an
enclosed building.
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.
- 18 -
Town of Davidson Zoning Bylaw 748
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.
Work Camp: a temporary Industrial or Construction camp
established for the purpose of providing accommodation for
employees, and without restricting the generality of the above,
the camp is usually made up of a number of mobile units,
clustered in such a fashion as to provide sleeping, eating and
other basic living facilities.
Yard: open, uncovered space open to the sky on the same site
with a building or structure.
Yard, Front: the area between the side site lines and the front
site line to the front building line (See Location and
measurement of setbacks drawing).
Yard, Rear: the area between the side site lines and the front
site line to the rear building line. (corner and interior) (See
Location and measurement of setbacks drawing).
Yard, Required: the minimum yard required by a provision of
this Bylaw and within which, unless specifically permitted, no
building or structure, or part of a building or structure shall be
erected.
Yard, Side: the area between the front and rear yards and
between the side site line and the side building line (See
Location and measurement of setbacks drawing).
- 19 -
Town of Davidson Zoning Bylaw
3. ADMINISTRATION AND INTERPRETATION
3.1.
Development Officer
3.1.1
The Town Administrator of the Town of Davidson shall be the Development Officer
responsible for the administration of this Bylaw. Council may designate an alternate
development officer(s).
3.1.2
The Development Officer shall:
a) Receive, record, and review development permit applications and issue decisions in
consultation with Council, particularly those decisions involving subdivision,
discretionary uses, development permit conditions, and development and servicing
agreements;
b) Maintain, for inspection by the public during office hours, a copy of this Bylaw, zoning
maps and amendments, and ensure that copies are available to the public at a
reasonable cost;
c) Make available, for public inspection during office hours, a register of all development
permits and subdivision applications and decisions;
d) Collect development fees, according to the fee schedule established in this Bylaw;
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 Official Community Plan and the WaterWolf Planning District Growth
Management 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:
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Town of Davidson Zoning Bylaw 748
a) Complete and submit a development permit application (refer to permit application in
Appendix "A"), and;
b) Receive a development permit for the proposed development.
3.3.2
A Development Permit shall not be issued for any use in contravention of any of the
provisions of this Bylaw and the Official Community Plan.
3.3.3
Except where a particular development is specifically exempted by Section 3.4 of this Bylaw,
no development or use shall commence without a Development Permit first being obtained.
3.4.
Development Requiring a Permit, But Not Requiring a Fee
The following developments shall be exempt from development permit requirements, but shall
conform to all other Bylaw requirements (e.g., building permits, setbacks, environmental and
development standards):
3.4.1
Residential Zoning Districts
a) Buildings and structures under 9.29 metres² (100 feet²) in area, which are accessory to a
principal, residential use except where such dwelling is a discretionary use.
b) The erection of any fence, wall, gate or communication antennae.
c) Relocation of any residential or accessory building provided development standards are
still met on the site.
3.4.2
Commercial and Industrial Zoning Districts
a) Buildings and structures that are accessory to a permitted, principal or commercial use,
except where such use is discretionary.
b) The erection of any fence or gate.
c) A temporary building, the sole purpose of which is incidental to the erection or
alteration of a building for which a building permit has been granted.
3.4.3
Accessory Uses
All accessory uses, unless otherwise specified in this Bylaw.
3.4.4
Official Uses
Uses and buildings undertaken, erected, or operated by the Town of Davidson.
3.4.5
Internal Alterations
Where there is no structural change or change in use (a building permit however may be
required) for:
a) Residential Buildings
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Town of Davidson Zoning Bylaw 748
b) All Other Buildings
3.4.6
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.
Development Permit Procedure
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.
3.5.1
Discretionary Use Application
3.5.1.1 Where an application for a Development Permit is made for a discretionary use, the
Development Officer shall advise the Council as soon as practicable.
3.5.1.2 As soon as practicable after Council is advised that an application has been made for a
Development Permit for a discretionary use, Council shall consider the application. Prior to
making a decision, Council may refer the application to whichever Government Agencies or
interested groups, as Council may consider appropriate. Council also may require the
application to be reviewed by planning, engineering, legal, or other professionals, with the
cost of this review to be borne by the applicant.
3.5.1.3 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.
3.5.2
Development Permit Decision
3.5.2.1. The applicant shall be notified in writing of the decision of their application within 30 days of
all required information being submitted to the Development Officer. The applicant shall be
advised of their right to appeal a decision on a permitted use application and any terms and
conditions attached to a discretionary use application to the Development Appeals Board
subject to the provisions of The Planning and Development Act, 2007.
3.5.2.2 If the proposal conforms to the provisions of this Bylaw, a Development Permit shall be
issued, subject to any development standards, special regulations, or performance standards
that may be required.
3.6.
Development Permit: Validity
3.6.1
A Development Permit is valid for a period of twelve months unless otherwise stipulated
when the permit is issued.
3.6.2
Where the Development Officer determines that a development is being carried out in
contravention of any condition of a Development Permit or any provision of this Bylaw, the
Development Officer shall suspend or revoke the Development Permit and notify the permit
holder that the permit is no longer valid.
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Town of Davidson Zoning Bylaw 748
3.6.3
Where the Council is satisfied that a development, for which the permit has been suspended
or revoked, will be carried out in conformity with the conditions of the Permit and the
requirements of this Bylaw the Council may reinstate the Development Permit and notify the
permit holder that the permit is valid and in force.
3.7.
Development Permit Application Fees
3.7.1
An applicant seeking the approval of a development permit application shall pay the
following fee: $100.00.
3.7.2
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.
3.8.
Discretionary Use Application Fees
3.8.1
An applicant seeking a discretionary use approval shall be responsible for costs related to
the application.
3.8.2
The Development Officer shall direct the applicant of a discretionary use, or carry out on
behalf of the applicant, the advertisement of the proposed use by mailing a copy of the
notice to the assessed owner of each abutting property within a 75.0 metres (246 foot)
radius of the proposed development.
3.8.3
The Development Officer shall publish a notice of the application in accordance with the
provisions of The Planning and Development Act, 2007, whereby the applicant shall pay to
the municipality a fee equal to the costs associated with the public advertisement.
3.9.
Fee for Zoning Amendment Application
When an application is made to Council for an amendment to this Bylaw, the applicant making the
request shall bear the actual cost of advertising such zoning amendment as permitted by The
Planning and Development Act, 2007. Council also may require the applicant to pay all costs incurred
in professional review of the application and in carrying out a public hearing.
3.10. Concurrent Processing Of Development Permits, Building Permits And Business
Licenses
A building permit, where required, shall not be issued unless a Development Permit has been issued,
or is issued concurrently. Nothing in this Bylaw shall exempt any person from complying with the
Town of Davidson's Building Bylaw, or any other Bylaw in force within The Municipality, or from
obtaining any permission required by this, or any other Bylaw of The Municipality, the Province or the
Federal Government.
3.11. Referral Under The Public Health Act
The Development Officer shall make available, in addition to plumbing permits and plan information,
a copy of all approved Development Permit applications involving installation of water and sanitary
services, should such information be requested by provincial officials under The Public Health Act and
Regulations.
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Town of Davidson Zoning Bylaw 748
3.12. Development Appeals Board
3.12.1
Council shall use the Waterwolf Regional Development Appeals Board or appoint a
Development Appeals Board to hear and determine appeals in accordance with Sections 213
to 227 inclusive, of The Planning and Development Act 2007.
3.12.2 Right of appeal
3.13. Minor Variances
3.13.1
The Development Officer may vary the requirements of this Bylaw subject to the following
requirements for residential properties only:
a) A minor variance may be granted for the following only:
i. Minimum required distance of a building from a lot line; and
ii. The minimum required distance of a building from any other building on the lot.
b) The maximum amount of a minor variance shall be 10% variation from the
Requirements of this Bylaw.
c) The development must conform to all other requirements of this Bylaw.
d) The relaxation of the Bylaw requirement must not injuriously affect a neighbouring
property.
e) No minor variance shall be granted for a discretionary use or form of development, or in
connection with an agreement to rezone pursuant to Section 60 of The Planning and
Development Act 2007.
3.13.2
An application form for a minor variance shall be in a form prescribed by the Development
Officer and shall be accompanied by an application fee of $50.00.
3.13.3
Upon receipt of a minor variance application the Development Officer may:
a) Approve the minor variance;
a) Where an application for a permitted use has been denied, the applicant shall be advised of the
right of appeal to the Waterwolf Regional Development Appeals Board or the local
Development Appeals Board.
b) Appellants also may appeal where they are of the opinion that development standards
prescribed by Council with respect to a discretionary use exceed those necessary to secure the
objectives of the Zoning Bylaw.
c) The Development Officer shall make available to all interested persons copies of the provisions
of The Planning and Development Act, 2007, respecting decisions of the Development Officer
and the right of appeal.
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Town of Davidson Zoning Bylaw 748
b) Approve the minor variance and impose terms and conditions on the approval; or
c) Deny the minor variance.
3.13.4
Terms and conditions imposed by the Development Officer shall be consistent with the
general development standards in this Bylaw.
3.13.5
Where a minor variance is refused, the Development Officer shall notify the applicant in
writing, providing reasons for the refusal.
3.13.6
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.
3.13.7
The written notice shall contain:
a) A summary of the application;
b) Reasons for and an effective date of the decision;
c) Notice that an adjoining assessed owner has 20 days to lodge a written objection with
the Development Officer, which, if received, will result in the approval of the minor
variance being revoked; and
d) Where there is an objection and the approval is revoked, the applicant shall be notified
of the right to appeal to the Development Appeals Board.
3.13.8 A decision to approve a minor variance, with or without terms and conditions, does not take
effect until 23 days from the date the notice was provided.
3.13.9 If an assessed owner of a property having an adjoining property with the applicants land
objects to the minor variance in writing to the Development Officer within the prescribed 20
day time period, the approval is deemed to be revoked and the Development officer shall
notify the applicant in writing:
a) Of the revocation of the approval; and
b) Of the applicant's right to appeal the revocation to the Development Appeals Board
within 30 days of receiving the notice.
3.13.10 If an application for a minor variance is refused or approved with terms or conditions, the
applicant may appeal to the Development Appeals Board within 30 days of the date of that
decision.
3.14. Non-Conforming Buildings Uses And Sites
3.14.1 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.
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Town of Davidson Zoning Bylaw 748
3.14.2 No enlargement, additions, or reconstruction of a non-conforming use, building or structure
shall be undertaken, except in conformance with these provisions.
3.14.3 No existing use, building or structure shall be deemed to be nonconforming by reason only
of the conversion of this Bylaw from the Metric System of Measurement to the Imperial
System of Measurement where such non-conformity is resultant solely from such change
and is reasonably equivalent to the metric standard herein established.
3.14.4 No existing site shall be deemed to be non-conforming by reason only of its dimensions or
area failing to at least equal the standards prescribed for proposed sites in the zoning district
in which the site is located.
3.15. Development Permit - Invalid
A development permit shall be automatically invalid and development shall cease, as the case may
be:
a) If the proposed development is not commenced within the period for which the Permit is valid;
b) If the proposed development is legally suspended, or discontinued for a period of six or more
months, unless otherwise indicated by Council or the Development Officer, or
c) When development is undertaken in contravention of this bylaw, the development permit and
specified development standards, and/or
d) When a written appeal notice is received by the Development Appeals Board secretary regarding
the development permit.
3.16. Cancellation
Council or the Development Officer may cancel a Development Permit, and when cancelled,
development shall cease:
a) Where the Development Officer or Council is satisfied that a development permit was issued
based on false or mistaken information,
b) Where new information is identified pertaining to environmental protection, flood potential, or
slope instability, and/or
c) When a developer requests a development permit modification.
3.17. Stop-Work
The Development Officer may authorize action to stop any development which does not conform to
this Bylaw, a development or servicing agreement, a development permit or condition, or a caveat
under this Bylaw.
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Town of Davidson Zoning Bylaw 748
3.18. Interpretation
a) Where any provision of this Bylaw appears unclear, Council shall make the final Bylaw
interpretation.
b) All Bylaw requirements shall be based on the stated metric units. The imperial units shown in this
Bylaw shall be approximate guidelines only.
3.19. Offences And Penalties
Any person who violates this Bylaw may be charged and liable on summary conviction to the
penalties in The Planning and Development Act, 2007.
3.20. Inspection Of Premises
The Development Officer, or any official or employee of the Municipality acting under their direction,
is hereby authorized to enter, at all reasonable hours, upon any property or premises in or about
which there is reason to believe that provisions of this Bylaw are not being complied with, and for the
purpose of carrying out their duties under this Bylaw, in accordance with Section 242 of The Planning
and Development Act, 2007.
3.21. Bylaw Compliance
Errors and/or omissions by any person administering or required to comply with the provisions of this
Bylaw do not relieve any person from liability for failure to comply with the provisions of this Bylaw.
3.22. Moving Of Buildings
No building shall be moved within or into or out of the area covered by this Bylaw without obtaining a
Development Permit from the Development Officer, unless such building is exempt under Section 3.4
of this Bylaw.
3.23. Demolition Of Buildings
No building shall be demolished without first obtaining a Development Permit from the Development
Officer. Such Permit shall not be issued unless a proposal for the interim or long-term use or
redevelopment of the site is also submitted, and the proposed use is in conformity with this Bylaw. A
separate Development Permit is required for any redevelopment of the site.
3.24. Temporary Development Permits
The Development Officer may issue a temporary Development Permit, with specified conditions for a
specified period of time, to accommodate developments incidental to approved construction,
temporary accommodation, or temporary gravel operations or asphalt plants. Nothing in this Bylaw
shall prevent the use of land, or the erection or use of any building or structure for a construction
camp, work camp, tool shed, scaffold, or other building or structure incidental to and necessary for
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Town of Davidson Zoning Bylaw 748
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.
3.25. Development Agreements
3.25.1
Council may request a developer to enter into a development agreement to ensure
development conformity with the Official Community Plan, the WaterWolf Growth
Management Plan and this Bylaw, pursuant to Section 171 to 176 inclusive, The Planning and
Development Act, 2007.
3.25.2
A development agreement is mandatory for approval of an accessory dwelling.
3.26. Servicing Agreements
3.26.1
Where a development proposal involves subdivision, Council shall require a developer to
enter into a servicing agreement to ensure appropriate servicing pursuant to The Planning
and Development Act, 2007.
3.26.2 In accordance with Sections 172 to 176 inclusive, The Planning and Development Act, 2007,
the agreement may provide for:
a) The undertaking and installation of storm sewers, sanitary sewers, drains, water mains
and laterals, hydrants, sidewalks, boulevards, curbs, gutters, street lights, graded,
graveled or paved streets and lanes, connections to existing services, area grading and
levelling of land, street name plates, connecting and boundary streets, landscaping of
parks and boulevards, public recreation facilities, or other works that Council may
require, including both on-site and off-site servicing;
b) The payment of levies and charges, in whole or in part, for the capital cost of providing,
altering, expanding or upgrading sewage, water, drainage and other utility services,
public highway facilities or park and recreation space and facilities located within or
outside the proposed subdivision and that directly or indirectly serve the proposed
subdivision.
3.27. Performance Bonds
Council shall require a developer, including host owners of property where an accessory dwelling is
located, to post and maintain a performance bond to ensure developer performance and to protect
the public interest.
3.28. Liability Insurance
Council shall require developers to provide and maintain liability insurance to protect the
Municipality, developer and public.
3.29. Interests
Council shall require that development and servicing agreements and other documents be registered
on affected lands, to protect municipal and public interests.
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Town of Davidson Zoning Bylaw 748
4. GENERAL REGULATIONS
The following regulations shall apply to all Zoning Districts in this Bylaw.
4.1.
Licenses, Permits, and Compliance With Other Bylaws and Legislation
In their interpretation and application, the provisions of this Bylaw shall be held to be the minimum
requirements adopted for the promotion of the public health, safety, and general welfare. Nothing in
this Bylaw shall exempt any person from complying with the requirements of a building regulation
Bylaw or any other Bylaw in force within the Town of Davidson or law within the Province of
Saskatchewan or Canada; or from obtaining any license, permission, permit, authority, or approval
required by this or any other Bylaw of the Town of Davidson or any law of the Province of
Saskatchewan or Canada. Where requirements in this Bylaw conflict with those of any other
Municipal, Provincial, or Federal requirements, the more stringent regulations shall prevail.
4.2.
Principal Use Established
In any Zoning District in this Bylaw, the principal use of the land must be established prior to any
accessory buildings, structures, or uses being permitted.
4.3.
Multiple Uses
Notwithstanding anything contained in this Bylaw, where any land, building, or structure is used for
more than one purpose, all provisions of this Bylaw relating to each use shall be complied with, but
no dwelling shall be located within 3.05 metres (10 feet) of any other building on the site except to a
building accessory to such dwelling.
4.4.
Number Of Principal Buildings On A Site
4.4.1
Only one principal building shall be permitted on any one site except for the following: parks,
schools, hospitals, recreation facilities, special care homes, senior citizen homes, and
approved dwelling groups and condominium developments.
4.4.2
Multiple unit residential buildings (e.g. duplex, fourplex) are considered to be one principle
building under this Bylaw, and all other uses and buildings on the site must be accessory.
4.5.
Front Yard Reduction
Notwithstanding the minimum depth of front yard required by this Bylaw, where a site is situated
between two sites each of which contains a principal building which projects beyond the standard
required front yard depth, the front yard required on said site may be reduced to an average of the
two established front yards on the adjacent sites; but not be less than 4.57 metres (15 feet) in a
Residential district unless otherwise permitted in this Bylaw.
4.6.
Frontage For Irregular Sites
Where the site frontage is along a cul-de-sac, curve or is irregular, the minimum site frontage shall be
11.0 metres (36.09 feet) and the mean site width shall not be less than the minimum frontage for
regular sites in the same District.
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Town of Davidson Zoning Bylaw 748
4.7.
Permitted Yard Encroachments
4.7.1
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 having a maximum
projection from the main wall of 1.83 metres (6 feet) into any required front or rear
yard.
b) Window sills, roof overhangs, eaves, gutters, bay windows, chimneys, and similar
alterations projecting a distance of 0.61 metres (2 feet) into any required yard.
4.8.
Restoration To A Safe Condition
Nothing in this Bylaw shall prevent the structural improvement or restoration to a safe condition of
any building or structure, provided that such structural improvement or restoration shall not increase
the height, area or volume so as to contravene the provisions of this Bylaw.
4.9.
Grading and Leveling Of Sites
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) A site elevation must be provided to the town on an elevation certificate prior to any
development permit or building permit being issued for construction of any building.
b) 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.
c) 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.
d) All topsoil from an area that is to be re-graded must be stripped, stockpiled, and replaced on
the re-graded area, or re-located to a site approved by Council.
4.10. Restrictions On Changes
4.10.1
The purpose for which any land or building is used shall not be changed, no new building or
addition to any existing building shall be erected, and no land shall be severed from any site,
if such change, erection or severance creates a situation that contravenes any of the
provisions of this Bylaw applicable to each individual remaining building, accessory building,
site, or lot.
4.10.2 Notwithstanding the provisions of clause 4.10.1 of this subsection, no person shall be
deemed to have contravened any provision of this Bylaw if only part or parts of any site or
lot has, or have, been conveyed to, or acquired by the Municipality or the Province of
Saskatchewan for a public work.
4.11. Uses Permitted In All Zoning Districts
4.11.1 Nothing in this Bylaw shall prevent the use of any land as a public street or public park.
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Town of Davidson Zoning Bylaw 748
4.11.2
Nothing in this Bylaw shall prevent the erection of any properly authorized traffic sign or
signal, or any sign or notice of any local or other government department or authority.
4.11.3 Nothing in this Bylaw shall prevent the use of any land for the erection of buildings or
structures, or the installation of other facilities, essential to the operation of public works
provided that such use, building, or structure shall be in substantial compliance with the
relevant provisions of this Bylaw and shall not adversely affect the character or amenity of
the neighbourhood in which the same is located.
4.12. Signage On Natural And Human Heritage Sites
Small plaques, markers, and interpretation signs will be encouraged on properties that have
significant natural or human heritage resources, with the approval of the owner, and where the
signage is appropriate in scale, design, and placement with the site and surrounding area, and does
not cause safety concerns or negatively impact the heritage value of the site.
4.13. Heritage Properties
Provincial and Municipal heritage properties subject to preservation agreements are subject to
development review processes as defined by The Heritage Property Act, Sections 23, 24, and 25.
Provincial designations are afforded special protection, and any alterations and development must be
reviewed and approved by the Heritage Programs of the Province of Saskatchewan.
4.14. Fence and Hedge Heights
4.14.1
Subject to traffic sight lines, the following height limitations shall apply to fences, walls,
chain-link fences and hedges in all Residential Districts.
a) No hedge, fence or other structure shall be erected past any property line.
b) In a required front yard, to a height of more than 0.92 metres (3 feet) above grade level.
c) In a required rear yard, to a height of more than 1.83 metres (6 feet) above grade level.
d) Except permitted accessory buildings, no fence or other structure, shall be erected to a
height of more than 1.83 metres (6 feet).
4.14.2
Screen fences shall be consistent and complement the quality of building design and
materials of the primary building.
4.14.3
No fence in a commercial or industrial zone shall exceed 2.44 metres (8 feet) except where
the municipality requires the developer to screen their property.
4.14.4 No barbed wire, electrified, or razor wire fences shall be allowed in any District.
4.15. Outside Storage
4.15.1
No outdoor storage shall be permitted in the required front yard of any residential site.
4.15.2 No yard shall be used for the storage or collection of hazardous material.
4.15.3
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.
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Town of Davidson Zoning Bylaw 748
4.15.4
No wrecked, partially dismantled or inoperable vehicle or machinery shall be stored or
displayed in any portion of the yard.
4.15.5
Council may require special standards for the location, setback or screening of any area
devoted to the outdoor storage of vehicles, operating equipment or machinery normally
used for the maintenance of the residential property, vehicles or vehicular parts.
4.15.6
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.
4.16. Landscape Buffers
4.16.1
Landscape buffers are intended to improve land use compatibility and environmental quality
by reducing noise, lighting glare and other nuisances, or facilitating natural drainage.
Landscape buffers, where required to separate uses from adjacent properties may be
required at a minimum of a 0.92 metres (3 feet) landscaped buffer, unless a fence is
required for other reasons.
4.16.2
Primary entrances into the Town and parking lots abutting major roads will require a
landscape buffer.
4.16.3
Notwithstanding any other provisions in this Bylaw, where buffers are required for walking
trails, parks and landscaped areas, they shall be required to reflect the character and intent
of the Official Community Plan.
4.17. Height Of Buildings
Where a maximum height of buildings is specified in any District, the maximum height shall be
measured from average grade level to the highest point on the building exclusive of any chimney or
antenna.
4.18. Prohibited And Noxious Uses
4.18.1
The keeping of livestock shall not be allowed except for permitted agricultural uses in the
FUD - Future Urban Development District.
4.18.2
Any use is prohibited which, by its nature or the materials used therein, is declared by The
Public Health Act and Regulations to be a noxious trade, business, or manufacture.
4.18.3
Noxious Uses
Notwithstanding any use contained within a building, no land shall be used and no building
or structure shall be erected, altered or used for any purpose that is noxious and, without
limiting the generality of this subsection, for any purpose that creates or is likely to become
a nuisance or offence, or both:
a) By the creation of noise or vibration;
b) By the emission of light and glare;
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Town of Davidson Zoning Bylaw 748
c) By reason of the emission of gas, fumes, smoke, dust or objectionable odour, or;
d) By reason of the unsightly storage of goods, wares, merchandise, salvage, refuse matter,
motor vehicles, trailers or parts of vehicles or trailers, machinery, or other such
material;
e) By any combination of things in this subsection.
4.19. Closings
In the event a dedicated street or lane shown on the Zoning District Map forming part of this Bylaw is
closed, the property formerly in such street or lane shall be included within the zoning district of the
adjoining property on either side of such closed street or lane. If a closed street or lane is the
boundary between two or more different zoning Districts, the new district boundaries shall be the
former centre line of the closed street or lane.
4.20. Railway Crossings And Sight Distances
Notwithstanding anything contained in this Bylaw, where any public street crosses a railway at the
same grade, no building or structure shall be erected within 45.72 metres (150 feet) of the point of
intersection of the centre line of both the railway and the street.
4.21. Bareland Condominium Developments
Bareland Condominium Developments shall comply with the minimum site area, coverage, width,
height and yard setbacks as stated in the applicable zones.
4.22. Satellite Dishes
4.22.1
Satellite dishes in excess of 0.31 metre (1 foot) in diameter shall not be located in any front
yard 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 and is less than three stories in height.
4.22.2 Satellite dishes located in Residential Districts, which exceed 0.31 metre (1 foot) in diameter
shall only be erected on the roof of an accessory building if said accessory building is located
entirely within a rear yard.
4.22.3 Satellite dishes may be erected in Commercial or Industrial Districts for communications
purposes or re-broadcasting of television signals and part 4.22.1 of this subsection shall not
apply.
4.23. Communication Towers
The erection of cellular telephone transmission towers shall not be permitted in, or closer than 91.44
metres (100 feet) of, any Residential District. Public Utility sites are exempt.
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Town of Davidson Zoning Bylaw 748
4.24. Wind Power Turbines And Towers
4.24.1
Mechanical Wind generation units shall only be considered as a Discretionary Use within a
Community Service and Residential Acreage District.
a) Minimum setback of 400 metres (1312 feet) for potential fall zone below the turbine.
b) Maximum noise standard of 40 decibels.
4.24.2
Wind Turbines and Towers are prohibited in all other Districts within the Town of Davdison.
4.25. Private Garages, Sunrooms, Solariums, And Greenhouses
Private garages, carports, sunrooms, solariums, and greenhouses attached to the principle buildings
by a substantial roof structure shall be considered part of the principle building and shall be subject
to the regulations for the main building and subject to any permits and regulatory requirements.
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 prohibited on all residential sites.
4.26. Swimming Pools
4.26.1
Notwithstanding anything contained in this Bylaw, a swimming pool is permitted in the side
yard or rear yard of any lot as an accessory use to permitted uses in the Residential Districts
or a motel (motor hotel) in a Highway Commercial District if:
a) No part of such pool is located closer to any lot or street line than the minimum distance
required for the principal building located on such lot; and
b) The maximum height of such pool is 1.22 metres (4 feet) above the average finished
grade level of the ground adjoining the pool and to within 4.57 metres (15 feet) of such
pool; and
c) Every swimming pool shall be enclosed by a non-climbable fence of at least 1.83 metres
(6 feet) in height and not more than 10.16 cm (4 inches) from the ground, and located at
a distance of not less than 1.52 metres (5 feet) from the pool.
d) Any deck attached to or abutting a swimming pool shall be considered as part of the
swimming pool and shall:
i. Have a minimum side yard of 0.76 metres (2.5 feet) if detached from the
principal building and have a minimum distance of 1.22 metres (4 feet) from
the principal building.
ii. Have a minimum side yard of 1.52 metres (5 feet) if attached to or abutting the
principal building.
4.26.2
Any building or structure, other than a dwelling, required for changing clothing or for
pumping or filtering facilities, or other similar accessory uses, shall comply with the
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Town of Davidson Zoning Bylaw 748
provisions in the applicable Zoning Districts in Section 5 of this Bylaw, respecting accessory
buildings.
4.27. Disposal Of Wastes
4.27.1
Subject to all Acts and Regulations pertaining in any way to the storage, handling, and
disposal of any waste material or used item, and except as permitted by these Acts and
Regulations, no liquid, solid, or gaseous wastes shall be allowed to be discharged into any
steam, creek, river, lake, pond, slough, intermittent drainage channel or other body of
water, onto or beneath the surface of any land, or into the air.
4.27.2
No development or use of land which requires solid or liquid waste disposal facilities shall be
permitted unless those facilities are approved by the relevant regulating provincial agency.
Disposal of liquid, solid, or gaseous waste shall be governed by Acts administered by the
relevant regulating provincial agency.
4.28. Development Standards For Discretionary Uses
This Section addresses special provisions and specific development standards that apply to the
following developments. These standards apply in addition to any standards of the District.
4.29. Home Occupations
Home Occupations (Home Based Businesses) are subject to the following conditions:
a) 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 or that provide services or products that would detrimentally
affect the viability of the neighborhood.
b) One home occupation shall be allowed per dwelling unit. Home occupations shall be conducted
entirely within the dwelling or accessory building.
In approving any discretionary use to minimize land use conflict, Council may prescribe specific
development standards related to:
a) Site drainage of storm water
b) The location of buildings with respect to buildings on adjacent properties
c) Access to, number and location of parking and loading facilities
d) Appropriate space for vehicle movement in order to reduce disruption of traffic
flows on adjacent roadways
e) Control of noise, glare, dust and odour
f)
Landscaping, screening and fencing to buffer adjacent properties.
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Town of Davidson Zoning Bylaw 748
c) One advertising display sign shall be allowed on the site or premise from which the home
occupation is conducted. No LED or neon signs shall be allowed.
d) There shall be no exterior display or storage of any merchandise or material relating to the home
occupation.
e) No equipment or process used in the home occupation shall create dust, noise, vibration, glare,
fumes, odour or air pollution that is detectable at or beyond the property lines of the lot where
the home occupation is located.
f)
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.
g) Parking: The home occupation shall not cause or add to on-street parking congestion or cause an
increase in traffic through residential districts.
i. No more than one business vehicle, for which off-street parking is provided,
shall be operated in connection with the home occupation.
ii. Parking of vehicles of employees hired for off-site jobs shall not be allowed at
or in the vicinity of the dwelling unit.
h) All permits issued for home occupations shall expire on December 31 of the year issued and be
subject to the condition that the permit may be revoked at any time if, in the opinion of Council,
the use is or has become detrimental to the amenities of adjoining properties and the
neighborhood.
4.30. Secondary Suites
a) Secondary suites may be constructed within a principal, single detached dwelling in a residential
zone. Only one secondary suite is permitted on each residential site
b) 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.
c) Secondary suites may not exceed 60.38 m² (650 ft²) or 35% of the total floor space, including
basements, and may not have more than two bedrooms.
4.31. Modular homes
a) All modular homes shall be placed on a permanent foundation at a standard comparable to a
single detached dwelling.
b) All modular homes shall have architectural features similar or complementary to adjacent and
nearby homes.
c) Modular homes shall be permanently connected to water and sewer services provided by the
Municipality and permanently connected as available to other public utilities.
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Town of Davidson Zoning Bylaw 748
d) All other requirement of this Bylaw apply.
4.32. Solid and Liquid Waste Disposal Facilities
Municipal and commercial solid or liquid waste disposal facilities are subject to the following
conditions:
a) The facility will be located as near as practical to the source of waste;
b) The facility will have undergone satisfactory review as required by provincial authorities for
environmental assessment and operational design;
c) The facilities will be located at least 300 metres (984 feet) for liquid waste, and 457 metres (1499
feet) for solid waste from any residence or recreational use;
d) The development of any new disposal sites shall take into consideration seasonal winds;
e) Adequate precautions shall be taken to prevent pollution of ground water by disposal
operations;
f)
Solid waste disposal facilities shall be located in proximity to an all- weather road;
g) Council may apply special standards for screening, fencing and reclamation of the site.
4.33. Bed And Breakfast Homes
a) A bed and breakfast home may be located in a detached one unit dwelling or in a semi-detached
dwelling. No exterior alterations shall be undertaken which would be inconsistent with the
residential character of the building or property.
b) Bed and breakfast homes shall be located in a single detached dwelling used as the operator's
principal residence developed shall be licensed by the Ministry of Health.
c) Required parking spaces may be permitted in a required front yard.
d) One advertising display sign located on the site or premise advertising the bed and breakfast
home is permitted. The facial area of a sign shall not exceed 0.47 m² (5.0 ft²).
4.34. Day Care and Child Care Facilities and Pre-Schools
Day care and Child Care Facilities and Pre-schools are subject to the following conditions:
a) May be approved as an accessory use of as a principal use;
b) 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;
c) Which are located in residential districts shall provide at least 3.25 m² (35 ft²) of fenced on-site
outdoor play space for each child present in the facility at any one time.
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Town of Davidson Zoning Bylaw 748
4.35. Residential Care Homes
Residential Care Homes are subject to the following conditions:
a) May be approved as an accessory use or as a principal use;
b) 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;
c) No building or structure used for the purpose of a residential care home shall be used for the
purpose of keeping boarders or lodgers.
4.36. Campgrounds
Campgrounds are subject to the following conditions:
a) 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 the 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;
b) A campground shall have within its boundaries a buffer area abutting the boundary of not less
than 4.57 metres (15 feet) which shall contain no buildings;
c) The operator of a campground shall designate a campsite for each trailer coach or tent party,
which shall be not less than 148.64 m² (1600.00 ft²) in area with its corners clearly marked;
d) One permanent sign located on site advertising the campground is permitted per site;
e) In the case of a home occupation, an additional permanent sign is permitted in a window of a
dwelling;
i. The facial area of a sign shall not exceed 0.47 m² (5.0 ft²) ;
ii. No sign shall be located in any manner that may obstruct or jeopardize the
safety of the public;
iii. Temporary signs not exceeding 0.93 m² (10 ft²) advertising the sale or lease of
the property or other information relating to a temporary condition affecting
the property are permitted.
f)
No portion of any campsite shall be located within a roadway or required buffer area;
g) Each campsite shall have direct and convenient access to a developed roadway, which is not
located in any required buffer area;
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Town of Davidson Zoning Bylaw 748
h) Each trailer or motorhome shall be located at least 3.05 metres (10 feet) from any other trailer or
motorhome, and each campsite shall have dimensions sufficient to allow such location of trailer
or motorhome;
i)
The space provided for roadways within a campground shall be at least 7.62 metres (25 feet) in
width;
j)
No portion of any campsite, other use or structure shall be located in any roadway;
k) A campground may include as ancillary uses a laundromat or a confectionery designed to meet
the needs of the occupants of the campsites, and one single detached dwelling for the
accommodation of the operator;
l)
The Public Health Act shall be complied with in respect to all operations and development of the
campground including water and sewer services.
4.37. Mobile Storage Containers (Trailers, Sea and Rail Containers)
No person shall park or store on any part of a site, any unlicensed rail or sea container, truck, bus or
coach body for the purpose of advertising within any Zoning District.
Mobile Storage containers may be accommodated in the Industrial District under the following
conditions:
a) Mobile storage containers (rail or sea cans) are prohibited in any Residential District;
b) Mobile storage containers shall require a Development Permit and a Building Permit;
c) Must be properly anchored;
d) Shall be located a minimum of 3.0 metres (9.85 feet) from the primary building and behind the
rear wall of the primary building;
e) Must be kept in good shape and sightly as determined through inspection by Town
representatives;
f)
Containers determined by the Town to be unsightly, misused, unsafe, or inappropriate in any
way, must be removed at the owner's expense within a time period specified by the Town;
g) Must meet the National Building Code Standards as applicable;
h) Businesses and operators in the Highway Commercial Districts may make temporary use of
season mobile storage containers when required and used as part of their regular business
operations;
i)
The area occupied by the mobile containers shall be included in the calculation of the maximum
lot coverage permitted in the Zoning District in which they are located.
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Town of Davidson Zoning Bylaw 748
5. ZONING DISTRICTS AND ZONING MAPS
5.1 Zoning Districts
For the purpose of this Bylaw, the Town of Davidson is divided into several Zoning Districts that may
be referred to by the appropriate symbols.
FUD
Future Urban Development
C1
Town Centre Commercial
R1
Residential Single Family
HPC
High Profile Commercial/Industrial
R2
Residential Multi-Family
I
Industrial
RMH
Residential Mobile Home
CS
Community Service
5.2 The Zoning District Map
The map, bearing the statement "This is the Zoning District Map referred to in Bylaw No. 748 adopted
by the Town of Davidson, signed by the Mayor and by the Town Administrator under the seal of the
Town, shall be known as the "Zoning Districts" map, and such map is hereby declared to be an
integral part of this Bylaw.
5.3 Boundaries of Zoning Districts
5.3.1
The boundaries of the Districts referred to in this Bylaw, together with an explanatory
legend, notations and reference to this Bylaw, are shown on the map entitled, Zoning
District Map.
5.3.2
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.
5.3.3
Where a boundary of a District crosses a parcel, the boundaries of the Districts shall be
determined by the use of the scale shown on the map.
5.3.4
Where the boundary of a District is also a parcel boundary and the parcel boundary moves
by the process of subdivision, the District boundary shall move with that parcel boundary,
unless the boundary is otherwise located by amendment to the Bylaw.
5.4 Holding Designation
a) 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.
b) Any lands subject to a holding provision shall only be used for the following uses:
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Town of Davidson Zoning Bylaw 748
i. Those uses existing on the land when the "H" is applied; and
ii. Public works.
FUD
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Town of Davidson Zoning Bylaw 748
5.5 Future Urban District - FUD
No person shall within any Future Urban District use any land, or erect, alter or use any building or
structure, except in accordance with the following provisions:
5.5.1
Permitted Uses
a) Agricultural crop production and horticultural uses.
b) Commercial greenhouses, market gardens and sod farms.
c) Recreational uses and sports grounds.
d) Public works.
e) Uses in existence when this Bylaw comes into force.
5.5.2
Discretionary Uses
The following uses may be permitted in the Future Urban District only by resolution of Council and
only in locations specified by Council:
a) Cemeteries;
b) Golf courses;
c) Large accessory buildings.
5.5.3
Site Development Regulations
Minimum site area
Existing sites are permitted.
Minimum site frontage
Existing site frontages permitted
Maximum site coverage
N/A
Front yard
N/A
Side yard
N/A
Rear yard
N/A
Notwithstanding the above, the minimum yard is 45.72 metres (150 feet) from the centerline of a
municipal road.
5.5.4
Signage
a) One permanent sign is permitted per site.
b) In the case of a home occupation, an additional permanent sign is permitted.
c) The facial area of a sign shall not exceed 0.47 m² (5.0 ft²).
FUD
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Town of Davidson Zoning Bylaw 748
d) No sign shall be located in any manner that may obstruct or jeopardize the safety of the
public.
e) Temporary signs not exceeding 0.93 m² (10 ft² ) advertising the sale or lease of the
property or other information relating to a temporary condition affecting the property
are permitted.
5.5.5
Single Detached Dwellings
a) To recognize existing uses, Council will consider building or expansion of single detached
dwellings in a Future Urban District on a site that holds an existing single detached
dwelling.
5.5.6
Accessory Buildings
a) No accessory building shall be located within 3.05 metres (10 feet) of a side or rear site
line except where the minimum yard abuts a public street, in which case the minimum
side or rear yard shall be 7.62 metres (25 feet).
5.5.7
Supplementary Regulations
a) Council will consider the applications for discretionary use with respect to the following
criteria:
i.
The sewer, water, and utility servicing capacity is available to service the
development without excessive impact on other uses being served by the system;
ii.
The proposed development will be consistent with any concept plans in force in the
area and will not be inconsistent with the future use and development plans of the
Official Community Plan;
iii.
The development will not require the development of new streets and utility lines
except as may be provide for in existing plans under the Official Community Plan
and that the proposal is not premature.
b) Where a development is proposed at a location at which standard connection to the
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.
c) Any building or structure used for the habitation or shelter of animals permitted in this
Zoning District shall be located a minimum distance of 76.20 metres (250 feet) from an
occupied dwelling situated on an adjoining site.
R1
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Town of Davidson Zoning Bylaw 748
5.6 Residential Single Family District - R1
No person shall within any R1-Residential District use any land or erect, alter or use any building or
structure, except in accordance with the following provisions:
5.6.1
Permitted Uses:
a) One single detached dwelling (includes modular homes);
b) Parks, Playgrounds and Municipal swimming pools;
c) Public works buildings and structures excluding offices, warehouses, and storage yards;
d) Places of Worship.
5.6.2
Discretionary Uses
The following uses may be permitted in the R1-Residential District only by resolution of
Council and only in locations specified by Council:
a) Home Occupations;
b) Secondary Suites;
c) Child and adult daycare:
d) Bed and Breakfast homes;
e) Personal care homes.
5.6.3
Site Development Regulations
Minimum site area
360.0 m² (3,875.14 ft²) Single Detached, 460.0 m² (4,951.56 ft²) Other
Uses
Minimum site frontage
12.0 metres (39.37 feet) Single Detached, 15.0 metres (49.22 feet)
Other Uses
Minimum front yard
6.0 metres (19.69 feet)
Minimum rear yard
6.0 metres (19.69 feet)
Minimum side yard
1.0 metre (3.28 feet) Single Detached, 3.0 metre (9.85 Feet) or ½
(half) the building height, whichever is greater for Other Uses
Minimum floor area
92.90 m² (1000 ft²) Dwellings
Height
9.0 metres (29.53 feet)
Maximum site coverage
50%
Minimum parking spaces
2
Public Utility
No minimum requirements.
R1
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Town of Davidson Zoning Bylaw 748
5.6.4
Accessory Buildings and Structures
a) All accessory buildings shall be set back a minimum of 7.01 metres (23 feet) from the
front site line, 1.22 metres (4 feet) from the principal building, and 0.92 metres (3 feet)
from the side site line unless the side site line is an abutting street then the side yard
shall be 3.66 metres (12 feet).
b) All accessory buildings shall not exceed 83.61 m² (900 ft²) in area and shall not exceed
2.13 (7 feet) metres in height from grade level to the underside of the eaves.
c) All accessory buildings shall be located a minimum of 0.92 metres (3 feet) from the rear
site line except where an accessory building has a door or doors opening onto a lane
then it shall not be located less than 1.22 metres (4 feet) from the site line abutting the
lane.
d) All activities related to artisan studios, crafts and workshops shall be conducted within
an enclosed building. No exterior storage of materials, goods, or waste products is
permitted, except within a waste disposal bin for collection.
e) No attached structure (ie deck) shall have a total floor area greater than the main floor
area of the principal building. In calculating the main floor area of a principal building,
the area of an attached garage shall be excluded.
f)
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
prohibited on all residential sites.
5.6.5
Signage
a) One permanent sign is permitted per site.
b) In the case of a home occupation, in a window of a dwelling.
c) The facial area of a sign shall not exceed 0.47 m² (5 ft²).
d) No sign shall be located in any manner that may obstruct or jeopardize the safety of the
public.
e) Temporary signs not exceeding 0.93 m² (10 ft² ) advertising the sale or lease of the
property or other information relating to a temporary condition affecting the property
are permitted.
5.6.6
Storage
a) No front or side yard shall be used for the storage of goods, commodities or other forms
of materials.
b) No yard shall be used for the storage of machinery outside of an enclosed building.
R1
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Town of Davidson Zoning Bylaw 748
5.6.7
Home Occupations
a) Shall comply with the special standards contained in Section 4.28.
R2
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Town of Davidson Zoning Bylaw 748
5.7 Residential Multi-Family District - R2
No person shall within any R2 - Residential District use any land, or erect, alter or use any building or
structure except in accordance with the following provisions:
5.7.1
Permitted Uses
a) One single detached dwelling (includes modular homes).
a) Semi-detached, two-unit dwelling, duplex dwelling, Fourplex, or townhouses and
multiple unit dwelling.
b) Uses, buildings and structures accessory to the foregoing permitted uses and located on
the same site with the main use.
c) Secondary suites in single detached dwellings only.
d) Parks, Playgrounds and swimming pools.
e) Public works, buildings and structures excluding warehouses, storage yards and waste
management or sewage facilities.
f)
Places of Worship.
5.7.2
Discretionary Uses
The following uses may be permitted in the R2 - Residential Multiple Dwelling District but
only by resolution of Council and only in locations specified in such resolution of Council.
a) Mobile Homes
b) Apartment Buildings
c) Home Occupations
d) Personal care homes
e) Bed and Breakfast homes
f)
Child and adult daycare
g) Neighborhood Convenience Stores
h) Laundromats
5.7.3
Site Development Regulations
Single, Semi-detached and Duplex
Minimum site area
360.0 m² (3875.14 ft²) Single detached, 275.0 m² (2960.18 ft²) Semi-
detached and 550.0 m² (5920.35 ft²) Duplex
Minimum site frontage
12.0 metres (39.37 feet) Single detached, 7.5 metres (24.61 feet)
Semi-detached and 18.0 metres (59.06 feet) Duplex
Minimum front yard
6.0 metres (19.69 feet)
Minimum rear yard
6.0 metres (19.69 feet)
Minimum side yard
1.2 metres (3.94 feet)
Minimum floor area
92.90 m² (1000ft²) per dwelling unit
Height
10.98 metres (36 feet) for Principal buildings
R2
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Town of Davidson Zoning Bylaw 748
Maximum site coverage
50%
Minimum parking spaces
2
Townhouse, Fourplex
Minimum site area
557.40 m² (6000 ft²)
Minimum site frontage
18.29 metres (60 feet)
Minimum front yard
6.0 metres (19.69 feet)
Minimum rear yard
6.0 metres (19.69 feet)
Minimum side yard
3.0 metres (9.85 feet) or 50% of the building height, whichever is
greater
Minimum floor area
46.45 m² (500 ft²)
Height
2 1/2 stories
Maximum site coverage
50%
Minimum parking spaces
1.5 spaces/dwelling unit
Multi-Unit Dwelling
Minimum site area
929.00 m² (10,000 ft²)
Minimum site frontage
24.39 metres (80 feet)
Minimum front yard
6.0 metres (19.69 feet)
Minimum rear yard
7.62 metres (25 feet)
Minimum side yard
3.0 metres (9.85 feet) or 50% of the building height, whichever is
greater
Minimum floor area
46.45 m² (500 ft² ) per dwelling unit
Maximum site coverage
50% interior site, 60% corner site
Minimum parking spaces
1.25 spaces/ dwelling unit
Single mobile Home
Minimum site area
371.60 m² (4000 ft²)
Minimum site frontage
12.20 metres (40 feet)
Minimum front yard
4.58 metres (15 feet)
Minimum rear yard
6.10 metres (20 feet)
Minimum side yard
1.22 metres (4 feet)
Minimum floor area
65.03 m² (700 ft²)
Height
9.15 metres (30 feet)
R2
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Town of Davidson Zoning Bylaw 748
Maximum site coverage
50%
Minimum parking spaces
2
Other Uses
Minimum site area
460.0 m² (4,951.56 ft²)
Minimum site frontage
15.0 metres (49.22 feet)
Minimum front yard
6.0 metres (19.69 feet)
Minimum rear yard
6.0 metres (19.69 feet)
Minimum side yard
3.0 metres (9.85 feet) or 50% of the building height, whichever is
greater
Minimum floor area
90.0 m² (968.79 ft²) convenience stores, places of worship and
private clubs
Maximum site coverage
50%
Minimum parking spaces
1.25 spaces/dwelling unit
Public Utility
No minimum requirements.
5.7.4
Accessory Buildings and Structures
a) All accessory buildings shall be set back a minimum of 6.10 metres (20 feet) from the
front site line, 1.22 metres (1 foot) from the principal building, and 0.76 metre (2.5 feet)
from the side site line, unless the side site line is an abutting street then the side yard
shall be 3.66 metres (12 feet).
b) All accessory building shall be located a minimum of 0.76 metre (2.5 feet) from the rear
site line except where an accessory building has a door or doors opening onto a lane,
then it shall not be located less than 1.22 metres (1 foot) from the site line abutting the
lane.
c) All accessory buildings shall not exceed 83.61 m² (900 ft²) in area and shall not exceed
2.14 metres (7 feet) in height from grade level to the underside of the eaves.
d) All activities related to artisan studios, craft and workshops shall be conducted within an
enclosed building. No exterior storage of materials, goods, or waste products is
permitted, except within a waste disposal bin for collection.
e) No attached structure (i.e. deck) shall have a total floor area greater than the main floor
area of the principal building. In calculating the main floor area of a principal building,
the area of an attached garage shall be excluded.
R2
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Town of Davidson Zoning Bylaw 748
f)
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
prohibited on all residential sites.
5.75
Signage
a) One permanent sign is permitted per site.
b) In the case of a home occupation, an additional permanent sign is permitted in a
window of a dwelling.
c) The facial area of a sign shall not exceed 0.47 m² (5 ft²).
d) No sign shall be located in any manner that may obstruct or jeopardize the safety of the
public.
e) Temporary signs not exceeding 0.93 m² (10 ft²) advertising the sale or lease of the
property or other information relating to a temporary condition affecting the property
are permitted.
RMH
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Town of Davidson Zoning Bylaw 748
5.8 Residential Mobile Home District - RMH
The purpose of the Residential Mobile Home District (RMH) shall be to accommodate mobile home
park development in a concentrated manner.
No person shall within any RMH use any land, or erect, alter or use any building or structure except in
accordance with the following provisions:
5.8.1
Permitted Uses
a) Mobile Home Parks.
b) One mobile home,(not older than 15 years), following the placement thereof on a
permanent foundation.
c) Modular Homes.
d) Uses, buildings and structures accessory to the foregoing permitted uses and located on
the same site with the main use.
e) Sports fields, parks, swimming pools, playgrounds.
f)
Public works, buildings and structures excluding offices, warehouses, storage yards and
waste management or sewage facilities.
5.8.2
Discretionary Uses
The following uses may be permitted in the RMH, but only by resolution of Council and only
in locations specified in such resolution of Council. Discretionary Use Requirements are
provided in Sections 5:
a) Home Occupations (Home Based Businesses);
b) Laundromat;
c) Day Care Centres;
d) Solar Energy Collection Systems;
e) Neighbourhood Convenience Stores;
f)
Recreational Vehicle Park.
RMH
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Town of Davidson Zoning Bylaw 748
5.8.3
Site Development Regulations
Mobile Home Parks
Minimum site area
2.0 hectares
Minimum site frontage
30.0 metres
Maximum site coverage
40% including 10% of the area shall be designated communal open
space
Minimum front yard
7.5 metres
Minimum rear yard
7.5 metres
Minimum side yard
7.5 metres
Mobile Home Sites
Minimum site area
360 m²
Minimum floor area
75 m²
Minimum site frontage
10.5 metres
Maximum site coverage
50%
Building Height
Mobile Homes: 6.0 metres. Accessory Buildings shall not exceed 4.0
metres in height from grade level to the underside of the eaves.
Minimum parking spaces
2
Minimum front yard
5 metres
Minimum rear yard
3.0 metres
Minimum side yard
1.2 metres, unless on a corner site the side yard shall be 3.0 metres
5.8.4
Development Standards for Mobile Home Parks
a) All mobile home parks shall conform to The Public Health Act and its Regulations.
b) All roadways in the mobile home park shall have a minimum 15.0 metres right-of-way,
be hard-surfaced and self-draining.
c) A minimum of ten (10%) percent of the gross area of the mobile home park shall be
devoted to communal open space or recreational facilities.
d) In the event that the applicant is not the land title owner, written approval must be
obtained within 60 days of the application of the building permit from the land title
owner.
RMH
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Town of Davidson Zoning Bylaw 748
e) All foundations and construction must conform to the National Building Code of Canada
(NBC) 2005 as amended from time to time.
f)
All construction of habitable living quarters must be above grade, basements are
prohibited.
5.8.5
Development Standards for Mobile Homes
a) All mobile homes must meet the standards set out in CSA A277 Procedure for
Certification of Factory Built Houses, and amendments thereto. All mobile homes must
bear a label of a credible certification agency indicating that compliance with the
National Building Codes has been certified using the A277 procedure.
b) All attached and accessory structures shall require a building permit and shall comply
with the requirements of the National Building Code of Canada and the Building Bylaw
of the Town of Davidson.
c) All attached or accessory structures such as porches, sun room additions, skirting and
storage facilities must be factory prefabricated units, or of an equivalent quality, and
shall be painted or prefinished so the design and construction will complement the main
structure.
d) In order to protect the residential character of the community, wheels, hitches, and
running gear must be removed within thirty (30) days of arrival, and must be skirted
from the floor level to ground level in such a manner as to compensate for vertical
movements and to prevent the entrance of rodents and other small animals.
e) All mobile homes shall be connected to water and sewer services provided by the
Municipality and connected as available to other public works.
5.8.6
Accessory Uses, Buildings and Structures
Minimum front and side
yard setbacks
Accessory buildings shall comply with the yard requirements for a
principal building. An accessory building shall not be located in a
required front yard.
Maximum floor area
All accessory buildings shall not exceed 75 m² (800 ft²) in area
Minimum side yard
All accessory buildings shall be set back 0.75 metres from the side
site line unless the side site line is an abutting street then the side
yard shall be 6.0 metres.
Minimum rear yard
All accessory buildings shall be located a minimum of 0.75 metres
from the rear site line except where an accessory building has a door
or doors opening onto a lane then it shall not be located less than 2.0
metres from the site line abutting the lane.
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a) Private garages and accessory buildings if less than 10m², shall have a minimum side or
rear yard of 0.75 metres and a maximum projection of 0.5 metres into the required
yard for any eaves, gutters, or drain spouts.
b) Uncovered outdoor swimming pools and other yard recreation equipment shall have a
minimum side or rear yard of 0.75 m. In rear yards, laundry drying equipment and
garbage stands are permitted.
c) Garages, carports, and accessory buildings attached to a principal building by a
substantial roof structure shall be considered as part of the principal building and
subject to the regulations of the principal building and shall not exceed the square
footage of the main floor of the principal dwelling in size.
d) A carport attached to the dwelling unit consisting of a roof and supporting columns or
structures which are not permanent walls, may be built not less than 1.5 metres from
the supporting posts to the side lot line and is permitted to encroach into any required
side yard providing that the roof or eaves are not closer than 0.75 metres from the side
lot line.
e) Temporary, fabric covered structures consisting of wood, metal or plastic framing
covered on the roof and one or more sides with fabric, plastic, vinyl or other sheet
material shall be permitted to locate in a rear yard, seasonally.
5.8.7
Fence and Hedge Heights
Subject to traffic sight lines, the following height limitations shall apply to fences, walls,
chain-link fence and hedges:
a) No wall, hedge, fence or other structure shall be erected past any property line;
b) In a required front yard, to a height no greater than 1.0 metre above grade level;
c) In a required rear yard, to a height no greater than 2.0 metres above grade level;
d) In the case of a corner lot, no wall, fence, hedge or shrub shall exceed 0.75 metre in
height in an intersection sight triangle.
5.8.8
Signage
a) One permanent sign is permitted per site. The facial area of a sign shall not exceed 0.5
m² .
b) In the case of a home occupation or home based business, an additional permanent sign
is permitted in a window of a dwelling.
c) No sign shall be located in any manner that may obstruct or jeopardize the safety of the
public.
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Town of Davidson Zoning Bylaw 748
d) Up to two(2) temporary signs not exceeding 1.0 m² advertising the sale or lease of the
property or other information relating to a temporary condition affecting the property
are permitted.
5.8.9
Outside Storage
a) No outdoor storage shall be permitted in the required front yard of any residential site.
b) Council may apply special standards as a condition or for a discretionary use approval
regarding the location of areas used for storage for that use.
c) No wrecked, partially dismantled or inoperable vehicle or machinery shall be stored or
displayed in any required yard. No yard shall be used for the storage or collection of
hazardous material.
d) Council may require special standards for the location setback or screening of any area
devoted to the outdoor storage of vehicles in operating equipment and machinery
normally used for the maintenance of the residential property, vehicles or vehicular
parts.
e) Provision shall be made for the owner of the property to temporarily display a
maximum of either one (1) vehicle or recreational vehicle in operating condition that is
for sale at any given point in time.
5.8.10
Standards for Discretionary Uses or Forms of Development
In addition to other applicable regulations or standards contained in this bylaw, the
following standards apply to those uses or forms of development designated as discretionary
in the RMH-Residential Mobile Home District.
a) RV Park or Campgrounds
i.
Thirty (30) % of the Mobile Home Park may provide temporary hook-ups for
Recreational Vehicles and Campers.
ii.
Term of Stay to be determined by council on a case by case basis.
iii.
Infrastructure capacities.
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5.9 Town Centre Commercial District - C1
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.
5.9.1
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, tea houses, coffee shops, and other similar retail food services.
f)
Storefront retail stores and outlets.
g) Movie theatre.
h) Theatres, assembly halls, places of worship.
i)
Commercial recreation establishments such as bowling alleys, arcades and fitness
centres.
j)
Licensed premises for the sale and consumption of alcoholic beverages.
k) Libraries, galleries, museums, and other similar cultural institutions.
l)
Funeral homes.
m) Storefront bakeries, butcher shops, and similar food processing with on-site retail sales.
n) Outdoor markets and concessions (permanent, seasonal, or occasional).
o) Small-scale repair trades such as tailors, jewelers, art and hand craft shops and studios,
craftspeople and similar trades, including retail sales of art and craft products.
p) Dwellings attached to and behind, or above, commercial establishments, in accordance
with Section 5.8.8.
q) Buildings, structures or uses accessory to and located on the same site as the principal
building or permitted use.
r)
Public works buildings and structures excluding offices, warehouses, storage yards, and
waste management or sewage facilities.
s)
Bus terminals.
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t)
Club.s
u) Parks and playgrounds.
5.9.2
Discretionary Uses
The following uses may be permitted in the C1-Town Centre Commercial District but only by
resolution of Council and only in locations specified by such resolution of Council:
a) Lumber and building supply establishments;
b) Animal hospitals, or clinics and offices of veterinary surgeons;
c) Service Stations, motor vehicle repair shops;
d) Newspaper offices and printing plants and services;
e) Other innovative commercial uses consistent with street level retail and services;
f)
Television, radio and other communication offices and stations.
5.9.3
Site Development Regulations
Commercial Uses
Minimum site area
225.0 m² (2421.96 ft²)
Minimum site frontage
7.5 metres (25 feet)
Minimum front yard
No requirement
Minimum rear & side
yard
No requirement except when the side site line abuts a Residential
District then the minimum side yard shall be 1.5 metres (4.93 feet)
and except when the rear site line abuts a Residential District then
the minimum rear yard shall be 6.0 metres (19.69 feet).
Service Station
Minimum site area
900 m² (9687.84 ft²)
Minimum site frontage
30.0 metres (98.43 feet)
Minimum front yard
7.5 metres (24.61 feet)
Minimum rear & side
yard
No requirement except when the side site line abuts a Residential
District then the minimum side yard shall be 1.5 metres (4.93 feet)
and except when the rear site line abuts a Residential District then
the minimum rear yard shall be 6.0 metres (19.69 feet).
Public Utility
No minimum requirements.
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5.9.4
Accessory Buildings
a) Setbacks for accessory buildings shall meet the same requirements as the principal use
or building.
b) Accessory buildings with a door opening onto a street shall be set back not less than
1.22 metres (4 feet) from the lot-line abutting the street.
5.9.5
Signage
Signs and billboards shall be prohibited in the C1 - Town Centre Commercial District except
for signs advertising the principal use of the premises or the principal products offered for
sale on the premises. Permitted signs shall be subject to the following requirements:
a) No sign shall be located in any manner that may obstruct or jeopardize the safety of the
public;
b) The facial area of a sign shall not exceed 0.47 m² (5 ft²); and
c) Temporary signs not exceeding 0.93 m² (10 ft²) advertising the sale or lease of the
property, or other information relating to a temporary condition affecting the property,
are permitted.
5.9.6
Parking
Off-street parking requirements shall be provided in accordance with the following:
Dwelling Unit
1 parking space per unit
Places of assembly,
institutional buildings
1 parking space for each 50.17 m² (540 ft²) of floor area
All other uses
No requirement
5.9.7
Landscaping
Where a site abuts any Residential District without an intervening lane, there shall be a strip
of land adjacent to the abutting site line of not less than 1.53 metres (5 feet) through which
shall not be used for any purpose except landscaping.
5.9.8
Supplementary Regulations
5.9.8.1 Dwelling Units:
a) Dwelling Units are permitted as long as the principal use is ongoing;
b) Dwelling units shall have a floor area smaller than or equal to the floor area in
commercial use;
c) Minimum floor area for each dwelling unit shall be 46.45 m² (500 ft²);
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d) All dwelling units shall have an entrance separate from that of the commercial
establishment;
e) Dwelling units shall be located above or at the rear and attached to the principal
commercial use;
f)
Accessory residential uses shall conform to the Provincial Public Health and Fire
Regulations.
5.9.8.2 Service Stations
a) The minimum lot area for a service station shall be 929.00 m² (10,000 ft²), with a
required 30.48 metres (100 feet) frontage and 7.62 metre (25 feet) front yard.
b) On a corner lot, only one access shall be constructed on the flankage, located a
minimum of 6.10 metres (20 feet) from the intersection.
c) Fuel pumps and other accessory equipment shall be located not less than 6.10 metres
(20 feet) from any street or site line.
d) All automobile parts, dismantled vehicles, and similar articles shall be stored within a
building or screened to the satisfaction of Council.
5.9.8.3 Commercial Uses
a) All commercial uses shall be conducted entirely within an enclosed building except as is
necessary in the servicing of motor vehicles.
b) All goods shall be stored within an enclosed building.
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Town of Davidson Zoning Bylaw 748
5.10 High Profile Commercial / Industrial District - HPC
No person shall within a HPC - High Profile Commercial/Industrial District use any land, or erect, alter
or use any building or structure except in accordance with the following provisions.
5.10.1
Permitted Uses
a) Motels or motor hotels, including a dwelling for caretakers, owners, or managers.
b) Service stations and other establishments for the servicing, storage and sale of motor
vehicles, trailers, recreation, or farm machinery and equipment, and auto body shops.
c) Banks, credit unions, and other financial institutions.
d) Administrative offices.
e) Restaurants, confectionaries including drive-in/thru, coffee shops, and other similar
retail food services.
f)
Storefront retail stores and outlets.
g) Commercial recreation establishments such as bowling alleys, arcades and fitness
centres.
h) Licensed premises for the sale and consumption of alcoholic beverages.
i)
Outdoor markets and concessions (permanent, seasonal, or occasional).
j)
Small-scale repair trades such as tailors, jewelers, art and hand craft shops and studios,
craftspeople and similar trades, including retail sales of art and craft products.
k) Car washing establishments.
l)
Public transportation depots.
m) Animal hospitals, or clinics and offices of veterinary surgeons.
n) Garden centres or commercial greenhouses.
o) Public works buildings and structures. There use excludes shops, warehouses and
storage yards
p) Lumber and building supply establishments.
q) Tourism oriented commercial recreation activities.
r)
Police, Ambulance stations.
s)
Uses, including integrated or complementary uses, buildings or structures accessory to
and located on the same site as the principal building or use.
HPC
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Town of Davidson Zoning Bylaw 748
t)
Drive in theatres
5.10.2
Discretionary Uses
The following uses may be permitted in the HPC - High Profile Commercial/Industrial District
but only by resolution of Council and only in locations specified in such resolution of Council:
a) Type I Commercial;
b) Type I Industrial;
c) Campground including Recreational Vehicle Park;
d) Residential or agricultural building assembly area;
e) Commercial Card lock operations;
f)
Accommodation for workers of local businesses;
g) Shops of plumbers, pipe fitters, metal workers and other industrial trades
manufacturing and sales.
5.10.3
Prohibited Uses
a) Aggregate materials; storage or handling operations.
b) Abattoirs.
5.10.4
Site Development Regulations
All Permitted Uses (other than Motels and Service Stations)
Minimum site area
600.0 m² (6458.56 ft²)
Minimum site frontage
20.0 metres (65.62 feet)
Minimum front yard
7.5 metres (24.61 feet)
Minimum side yard
3.0 metres (9.85 feet)
Minimum rear yard
6.0 metres (19.69 feet).
There shall be no minimum site development requirements for public works buildings.
Motor Hotels/Motels
Minimum site area
160 m² (1722.29 ft²)
Minimum site frontage
30.0 metres (98.43 feet)
Minimum front yard
7.5 metres (24.61 feet)
Minimum side yard
3.0 metres (9.85 feet)
Minimum rear yard
6.0 metres (19.69 feet)
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Town of Davidson Zoning Bylaw 748
Service Stations and Other Uses
Minimum site area
900 m² (9687.84 ft²)
Minimum site frontage
30.0 metres (98.43 feet)
Minimum front yard
7.5 metres (24.61 feet)
Minimum side yard
3.05 metres (10 feet)
Minimum rear yard
6.10 metres (20 feet)
Public Utility
No minimum requirements.
5.10.5
Accessory Buildings
Setbacks for accessory buildings shall meet the same requirements as the principal use or
building.
5.10.6
Parking Requirements
Strip malls or retail plazas
1 parking space for each 50.17 m² (540 ft²) of floor area
Stores and offices
1 parking space for every 50.17 m² (540 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
All other uses
1 parking space for each 75.25 m² (810 ft²) of building floor area
Service Stations
1 ½ parking spaces for each service bay
5.10.7
Signage
Signs and billboards shall be prohibited in the HPC - High Profile Commercial/Industrial
District except for signs advertising the principal use of the premises or the principal
products offered for sale on the premises. Permitted signs shall be subject to the following
requirements:
a) No sign shall be located in any manner that may jeopardize public safety;
b) The facial area of a sign shall not exceed 0.93 m² (10 ft²);
c) Temporary signs not exceeding 0.93 m² (10 ft²) advertising the sale or lease of the
property or other information relating to a temporary condition affecting the property
are permitted.
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Town of Davidson Zoning Bylaw 748
5.10.8
Loading Requirements
Where the use of a building or site involves the receipt, distribution or dispatch by vehicles
of materials, goods or merchandise, adequate space for such vehicles to stand for loading
and unloading shall be provided on the site.
5.10.9
Landscaping
5.10.9.1 A landscaped strip of not less than 3.05 metres (10 feet) in width throughout lying parallel
and abutting the front site line shall be provided on every site.
5.10.9.2 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.
5.10.9.3 Where a site abuts any Residential District without an intervening land, there shall be a strip
of land adjacent to the abutting site line of not less than 1.53 metres (5 feet) through which
shall not be used for any purpose except landscaping.
5.10.10 Supplementary Regulations
5.10.10.1 Service Stations
a) On a corner lot, only one access shall be constructed on the flankage, located a
minimum of 6.10 metres (20 feet) from the intersection.
b) Fuel pumps and other accessory equipment shall be located not less than 6.10 metres
(20 feet) from any street or site line.
c) All automobile parts, dismantled vehicles, and similar articles shall be stored within a
building or screened to the satisfaction of Council.
5.10.10.2 Strip Malls
Strip Malls, when permitted, must be primarily for pedestrian use and accessible to the
public from both the street and from the development.
a) The minimum depth is 3.97 metres (13 feet) and the minimum frontage is 6.10 metres
(20 feet). Council will consider the appropriate separation to industrial and other uses
that may be incompatible with restaurant and retail uses and access to the site when
making a discretionary use decision on a proposed strip mall.
5.10.10.3 Restaurants, Motels, Hotels, Tourist Campgrounds and Similar Uses
a) Drive-in restaurants, licensed lounges or dining rooms, restaurants, motels, hotels and
tourist campgrounds, either as a principal or an accessory use, shall comply with all
regulations made under the Public Health Act.
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Town of Davidson Zoning Bylaw 748
5.10.10.4 Construction Trades
a) All materials and good used in conjunction with construction trades shall be stored
within an enclosed building.
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Town of Davidson Zoning Bylaw 748
5.11 Industrial District - I
No person shall within any I- Industrial District use any land, or erect, alter, or use any building or
structure except in accordance with the following provisions.
5.11.1
Permitted Uses
a) Types I and II Commercial.
b) Types I and II Industrial.
c) Business and/or professional offices.
d) Industrial malls containing a combination of permitted uses.
e) Auto body shops.
f)
Construction and other industrial trades yards, plants, and/or offices.
g) Warehousing and supply depots and storage yards.
h) Manufacturing, fabricating, processing, assembly, finishing, production or packaging of
materials, goods or products that are not noxious.
i)
Farm and Industrial machinery equipment and vehicle sales and service.
j)
Residential or agricultural building assembly area.
k) Semi-Trailer and Container Parking Lot.
l)
Oilfield supply and services.
m) Lumber and building supply establishment.
n) Construction of RTM homes.
o) Indoor repair, rental, servicing, storage, wholesale of any commodity and/or retail sales
of any goods, materials and/or commodities excluding any hazardous materials.
p) Service stations, Commercial Card lock operations.
q) Motor vehicle, recreational vehicle, and/or mobile home sales and servicing and/or
storage compound.
r)
Trucking operations.
s)
Commercial Recycling Depots.
t)
Public works buildings and structures excluding offices, warehouses, storage.
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Town of Davidson Zoning Bylaw 748
u) Yards, and waste management or sewage facilities.
v) 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.
w) Car washes.
x) Veterinary Clinics.
5.11.2
Discretionary Uses
The following uses may be permitted in the I- Industrial District but only by resolution of
Council and only in locations specified in such resolution of Council.
a) Type III Industrial.
b) Bulk petroleum sales and storage
c) Stockyards and auction marts.
d) Junk yards and auto wreckers.
e) Restaurants.
f)
Meat Processing Plants/Abattoirs.
g) Seed Cleaning plants, feed mills and flour mills, subject to Saskatchewan Environment
Regulations.
h) Fertilizer sales and storage, subject to Saskatchewan Environment Regulations.
i)
Cement manufacturing, subject to Saskatchewan Environment Regulations.
j)
Elevators and Railway facilities.
k) Aggregate material storage or handling operation.
5.11.3
Site Development Regulations
Minimum site area
600 m²(4659 ft²) / 1100 m²(11,841 ft²) Discretionary use
Minimum site frontage
20.12 metres (66 feet) / 30.48 metres (100 feet) Discretionary use
Minimum front yard
7.62 metres(25 feet)
Minimum rear yard
6.10 metres (20 feet) or Nil when abutting a railway
Minimum side yard
7.62 metres (25 feet) / 3.05 metres (10 feet) Discretionary Use
Public Utility
No minimum requirements.
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There shall be no minimum site development requirements for public works buildings.
5.11.4
Accessory Buildings
Setbacks for accessory buildings shall meet the same requirements as the principal use or
building.
5.11.5
Signage
Signs and billboards are prohibited in the I - 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) No sign shall be located in any manner that may obstruct or jeopardize the safety of the
public;
b) The facial area of a sign shall not exceed 0.93 m² (10 ft²);
c) Temporary signs not exceeding 0.93 m² (10 ft²) advertising the sale or lease of the
property or other information relating to a temporary condition affecting the property
are permitted;
d) Temporary signs advertising product prices or sales, special events related to retail and
service activities, or advertising community or charity activities or events are permitted.
5.11.6
Parking
Off-street parking requirements shall be provided in accordance with the following:
Warehouses or
manufacturing activities
1 parking space for each 90.12 m² (970 ft²) of gross floor area
Principal buildings
1 parking space for each 50.17 m² (540 ft²) of gross floor area, or 1
parking space for each 1.5 employees, whichever is greater.
5.11.7
Loading Requirements
Where the use of a building or site involves the receipt, distribution, or dispatch by vehicles
of materials, goods, or merchandise, adequate space for such vehicles to stand for loading
and unloading without restricting access to all parts of the site shall be provided on the site.
5.11.8
Landscaping
5.11.8.1 .A landscaped strip of not less than 3.05 metres (10 feet) in width throughout lying parallel
and abutting the front site line shall be provided on every site.
5.11.8.2 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.
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5.11.8.3 Where a site abuts any Residential District without an intervening land, there shall be a strip
of land adjacent to the abutting site line of not less than 1.53 metres (5 feet) through which
shall not be used for any purpose except landscaping.
5.11.9
Supplementary Regulations
a) Open air operations, storage and display of goods or material are prohibited in any front
yard.
b) Fuel pumps and other accessory equipment shall be located at least 6.10 metres (20
feet) from any street or site line.
c) Where service stations occupy a corner lot, only one access point shall be located on the
flankage.
d) 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 1.83 metres (6 feet) and constructed of material suitable to conceal
from view the materials stored on site. No materials shall be stacked above the height of
the fence.
e) 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.
f)
Access to lots shall be located to ensure that heavy truck traffic are directed to
designated truck routes.
5.11.10 Performance Standards
An industrial operation including production, processing, cleaning, testing, repairing, storage
or distribution of any material shall conform to the following standards:
a) Noise - emit no noise of industrial production audible beyond the boundary of the lot on
which the operation takes place;
b) Smoke - no process involving the use of solid fuel is permitted;
c) Dust or ash - no process involving the emission of dust, fly ash or other particulate
matter is permitted;
d) Odor - the emission of any odorous gas or other odorous matter is prohibited;
e) Toxic gases - the emission of any toxic gases or other toxic substances is prohibited;
f)
Glare or heat - no industrial operation shall be carried out that would produce glare or
heat discernible beyond the property line of the lot;
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g) External storage - external storage of goods or material is permitted if kept in a neat and
orderly manner or suitably enclosed by a fence or wall to the satisfaction of the
authority having jurisdiction. No storage shall be permitted in the front yard;
h) Industrial wastes - waste which does not conform to the standards established from
time to time by Town Bylaws shall not be discharged into any Town sewers;
i)
The onus of proving to the authority having jurisdiction and Council's satisfaction that a
proposed development does and will comply with these requirements rests with the
developer.
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5.12 Community Service District - CS
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.
5.12.1
Permitted Uses
a) Elementary, high schools and other educational facilities.
b) Cemeteries.
c) Lodges, social clubs, service clubs.
d) Municipal offices, libraries, historic and cultural institutions, community halls.
e) Places of Worship.
f)
Health facilities and Special Care Homes.
g) Day care centres.
h) Communication Towers.
i)
Recreational - sports fields, parks, playgrounds, curling rinks, skating rinks, tennis courts,
lawn bowling greens, swimming pools, and other similar uses. More than one
recreational use may be permitted per site.
j)
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.
k) Natural and nature-like open areas.
l)
Pedestrian trails and bicycle pathways.
m) Scenic lookout and interpretation facilities, rest stops, and other public trail facilities.
n) Public works buildings and structures excluding storage yards, warehouses, drainage
ditches, culverts, and other drainage works, and shall include water reservoirs and
sewage treatment facilities.
5.12.2
Discretionary Uses
The following uses may be permitted in the Community Service District but only by
resolution of Council and only in locations specified in such resolution of Council:
a) Golf courses, auto race tracks, horse race tracks, or other very large or very intensive
use facilities.
b) Skateboard parks or bmx bike-terrain.
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5.12.3
Site Development Regulations
Permitted uses (other than educational facilities, rinks and swimming pools)
Minimum site area
No Minimum Requirement
Minimum site frontage
15.0 metres (49.22 feet)
Minimum front yard
6.0 metres (19.69 feet)
Minimum rear yard
6.0 metres (19.69 feet) except where the rear of the site abuts any
Residential District without an intervening street or lane, a rear yard
of at least 7.5 metres (24.61 feet) shall be provided.
Minimum side yard
Not less than half the height of the building or 3.0 metres (9.85 feet),
whichever is more
Elementary and secondary schools
Minimum site area
No minimum requirement
Minimum site frontage
60.0 metres (196.86 feet)
Minimum front yard
15.0 metres (49.22 feet)
Minimum rear yard
7.5 metres (24.61 feet)
Minimum side yard
7.5 metres (24.61 feet)
Maximum site coverage
75%
Skating, curling rinks and swimming pools
Minimum site area
1208.0 m² (13,003.23 ft²)
Minimum site frontage
20.0 metres (65.62 feet)
Minimum front yard
7.5 metres (24.61 feet)
Minimum rear yard
7.5 metres (24.61 feet0
Minimum side yard
1.5 metres (4.93 feet) except on a corner site abutting a street then
3.6 metres (11.82 feet)
Accessory buildings
Front site line
7.5 metres (24.61 feet)
Principal building
1.2 metres (4 feet)
Side site line
0.8 metres (2.63 feet) unless the side site line is an abutting a street
then the side yard shall be 3.6 metres (11.82 feet)
All accessory buildings with a door or doors opening onto a lane shall not be located less
than 1.2 metres (3.94 feet) from the site line abutting the lane.
CS
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Town of Davidson Zoning Bylaw 748
5.12.4
Signage
a) The facial area of a sign shall not exceed 0.47 m² (5 ft²).
b) Signs and billboards are prohibited except for one information sign for each building or
use and those bearing notices of special events and activities, or other information,
relating to a temporary condition affecting the site and shall not exceed 0.93 m² (10 ft²)
in size.
5.12.5
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 each
classroom
Churches and Places of
Assembly
1 parking space for each 50.17 m² (540 ft²) of floor area
Special care homes
1 parking space for each bed.
Institutional buildings,
private clubs and lodges
1 parking space for each 50.17 m² (540 ft²) of floor area
Recreational buildings,
sports facilities and
fields
1 parking space for each of every ten patrons or seats.
5.12.6
Landscaping
5.12.6.1 A landscaped strip of not less than 3.05 metres (10 feet) in width throughout lying parallel
and abutting the front site line shall be provided on every site.
5.12.6.2 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.
5.12.6.3 Where a site abuts any Residential District without an intervening land, there shall be a strip
of land adjacent to the abutting site line of not less than 1.53 metres (5 feet) through which
shall not be used for any purpose except landscaping.
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Town of Davidson Zoning Bylaw 748
6. REPEAL AND ADOPTION
Bylaw #482 as amended shall be repealed upon Bylaw 748, the Zoning Bylaw, coming into force and
effect.
MINISTERIAL APPROVAL
This Bylaw is adopted pursuant to The Planning and Development Act, 2007, and shall come into force
on the date of final approval by the Minister of Government Relations.
COUNCIL READINGS AND ADOPTION
Read a first time this
day of
2013
Read a second time this
day of
2014
Read a third time this
day of
2014
Adoption of Bylaw this
day of
2014
_______________________________
MAYOR
SEAL
______________________________
ADMINISTRATOR
Ministerial Approval
_______________________________
Ministerial Approval Date
SEAL
_______________________________
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Town of Davidson Zoning Bylaw 748
APPENDIX "A"
DEVELOPMENT PERMIT APPLICATION REQUIREMENTS
Every development permit application shall include:
1.
Application Form
A completed application form.
2.
Site Plan
Two copies of a proposed development site plan.
3.
Building Plan
A plan showing, with labels, the elevations, floor plan, and a perspective drawing of the proposed
development.
4. Landscape Plan
A landscape plan showing, with labels, the following:
a) the existing topography;
b) the vegetation to be retained and/or removed;
c) the type and layout of:
i.
hard (e.g., structures) and soft (e.g.,vegetation) landscaping,
ii.
the open space system, screening, berms, slopes,
iii.
other, as required, to effectively administers this Bylaw.
d) the types, sizes and numbers of vegetation materials;
e) areas to be damaged or altered by construction activities and proposed methods of restoration;
f)
a schedule of site stripping and grading, construction, and site restoration, including methods to be
employed to reduce or eliminate erosion by wind, water, or by other means; and
g) historical and archaeological heritage resources and management areas (a Heritage Resource Assessment
as prescribed under The Heritage Property Act may be required).
5. Vicinity Map
A vicinity map showing, with labels, the location of the proposed development in relation to adjacent lands:
a) Nearby municipal roads, highways and railways;
b) Significant physical features, environmentally sensitive areas, and more or less pristine natural areas or
features, especially undisturbed grassland, wooded ravines, and water feature or stream courses;
c) Critical wildlife habitat and management areas;
d) Mineral extraction resources and management areas; and
e) Other as required, to effectively administer this Bylaw.
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Town of Davidson Zoning Bylaw 748
6. Certificate of Title
A copy of the Certificate of Title, indicating ownership and all encumbrances.
7. Valid Interest
Development permit applicants shall be required to provide information, to the Development Officer's or
Council's satisfaction, that they have a current, valid interest in the land proposed for development.
a) Proof of current valid interest may include:
i.
proof of ownership;
ii.
an agreement for sale;
iii.
an offer or option to purchase;
iv.
a letter of purchase;
v.
a lease for a period of more than 10 years;
vi.
other, as determined and accepted by Council, or the Development Officer.
8. Site Description for Subdivision Applications
a) A proposed plan of subdivision prepared by a Saskatchewan Land Surveyor or Professional Community
Planner and signed by the registered site owner or appointed agent;
b) A metes and bounds description prepared by the Information Services Corporation, which is accompanied
by an accurate sketch;
c) Photographic Information;
d) Photographs showing the site in its existing state.
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Town of Davidson Zoning Bylaw 748
Town of Davidson
Application for a Development Permit/Discretionary Use Permit
1.
Applicant:
a) Name:_______________________________________________
b) Address:_____________________________________________
Postal Code:_______________
c) Telephone Number: ___________________________________
Cell phone:
____
2.
Registered Owner: as above, or:
a) Name:_______________________________________________
b) Address:_____________________________________________
Postal Code:_______________
c) Telephone Number: ___________________________________
Cell phone:
____
3.
Property: Legal Description
Lot(s)_____________ Block_______________ Reg. Plan No._________________
4.
Lot Size:
Dimensions__________________________ Area ___________________________
5. Existing Land Use:
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
6. Proposed Land Use/description of Proposed Development:
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
7. Proposed date of Commencement: _______________________________________
Proposed date of Completion: ___________________________________________
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Town of Davidson Zoning Bylaw 748
8. Other Information:
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
9. For New Construction Provide A Detailed Site Plan, drawn to scale on a separate sheet showing, with labels,
the following existing and proposed information:
a) a scale and north arrow;
b) a legal description of the site;
c) mailing address of owner or owner's representative;
d) site lines;
e) Bylaw site line setbacks;
f)
front, rear, and side yard requirements;
g) site topography and special site conditions (which may require a contour map), including ponds, streams,
other drainage runs, culverts, ditches, and any other drainage features;
h) the location of any buildings, structures, easements, and dimensioned to the site lines;
i)
the location and size of trees and other vegetation, especially natural vegetation, street trees, and mature
growth;
j)
proposed on-site and off-site services;
k) landscaping and other physical site features;
l)
a dimensioned layout of parking areas, entrances, and exits;
m) abutting roads and streets, including service roads and alleys;
n) an outline, to scale, of adjacent buildings on adjoining sites;
o) the use of adjacent buildings and any windows overlooking the new proposal;
p) fencing or other suitable screening;
q) garbage and outdoor storage areas;
r)
other, as required by the Development Officer or Council to effectively administer this Bylaw.
10. Mobile Homes:
C.S.A.Z240 Approval Number (from Black and Silver Sticker)
Mobile Home date of Manufacture: ________________________
11. Declaration of Applicant:
I, __________________________________________ of the _________________________________ of
_______________________________ in the Province of Saskatchewan, do Solemnly declare that the above
statements contained within the application are true, and I make this solemn declaration conscientiously believing
it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue of "The
Canada Evidence Act."
I agree to indemnify and hold harmless the Town of Davidson from and against any claims, demands, liabilities,
costs and damages elated to the development undertaken pursuant to this application.
Date: ______________________________ Signature: ______________________________
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Town of Davidson Zoning Bylaw 748
APPENDIX "B"
Town of Davidson
Notice of Decision for a Development Permit or Zoning Bylaw Amendment
To:
_____________________________
____________________________________________
(Applicant)
(Address)
This is to advise you that your application for a :
Permitted Use or Form of Development, or
Discretionary Use or Form of Development, or
Request for a Zoning Bylaw Amendment
Has Been:
Approved
Approved subject to conditions or Development Standards, as listed in the attached schedule
Refused for the following reason:
If your application has been approved with or without conditions, this form is considered to be the
Development Permit granted pursuant to the Zoning Bylaw.
Right of Appeal
Please be advised that under Section 59 of The Planning and Development Act, 2007:
you may NOT appeal the refusal of your application for a use or form of development that is not permitted
within the zoning district of the application.
you may NOT appeal the refusal of your application for a discretionary use or form of development.
you may NOT appeal the refusal of your application for an amendment to the zoning Bylaw.
you MAY APPEAL those standards that you consider excessive in the approval of the discretionary use of
form of development, or
you MAY APPEAL the refusal of your application if you feel that the Development Officer has misapplied the
Zoning Bylaws in the issuing of this permit.
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Town of Davidson Zoning Bylaw 748
Your Appeal must be submitted in writing within 30 days of the date of this notice to :
Secretary, Development Appeals Board
Town of Davidson
Box 185
Davidson, Sask.
S0K 1K0
_____________________________
____________________________________________
(Date)
Development Officer
Note:
This Permit expires 12 months from the date of issue.
A Building Permit is also required for a building construction.