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2013
The Town of Duck Lake
Zoning Bylaw No. 2013-07
Page 1
Table of Contents
1.
INTRODUCTION ..................................................................................................................................... 6
1.1
AUTHORITY ................................................................................................................................... 6
1.2
TITLE .............................................................................................................................................. 6
1.3
PURPOSE ....................................................................................................................................... 6
1.4
SCOPE ............................................................................................................................................ 6
1.5
SEVERABILITY ................................................................................................................................ 6
2.
DEFINITIONS .......................................................................................................................................... 7
3.
ADMINISTRATION AND INTERPRETATION .......................................................................................... 20
3.1
DEVELOPMENT OFFICER ............................................................................................................. 20
3.2
COUNCIL ...................................................................................................................................... 20
3.3
APPLICATION FOR A DEVELOPMENT PERMIT ............................................................................. 20
3.4
DEVELOPMENT NOT REQUIRING A PERMIT ............................................................................... 21
3.5
INTERPRETATION ........................................................................................................................ 22
3.6
COMPREHENSIVE DEVELOPMENT REVIEW ................................................................................. 22
3.7
DEVELOPMENT PERMIT PROCEDURE ......................................................................................... 22
3.8
DEVELOPMENT PERMIT: VALIDITY .............................................................................................. 23
3.9
DEVELOPMENT PERMIT APPLICATION FEES ............................................................................... 24
3.10
FEE FOR ZONING AMENDMENT APPLICATION ........................................................................... 24
3.11
CONCURRENT PROCESSING OF DEVELOPMENT PERMITS, BUILDING PERMITS AND BUSINESS
LICENSES ...................................................................................................................................... 24
3.12
REFERRAL UNDER THE PUBLIC HEALTH ACT ............................................................................... 25
3.13
DEVELPOMENT APPEALS BOARD ................................................................................................ 25
3.14
MINOR VARIANCES ..................................................................................................................... 25
3.15
NON-CONFORMING BUILDING USES AND SITES ........................................................................ 27
3.16
DEVELOPMENT PERMIT - INVALID ............................................................................................. 27
3.17
CANCELLATION ............................................................................................................................ 27
3.18
STOP-WORK ................................................................................................................................ 28
3.19
OFFENCES AND PENALTIES ......................................................................................................... 28
3.20
INSPECTION OF PREMISES .......................................................................................................... 28
3.21
INSPECTION OF PREMISES .......................................................................................................... 28
3.22
PERFORMANCE BONDS ............................................................................................................... 28
3.23
LIABILITY INSURANCE .................................................................................................................. 28
3.24
REGISTERING IN INTERESTS ........................................................................................................ 28
3.25
MOVING OF BUILDINGS .............................................................................................................. 29
3.26
DEMOLITION OF BUILDINGS ....................................................................................................... 29
3.27
TEMPORARY DEVELOPMENT PERMITS ....................................................................................... 29
3.28
DEVELOPMENT AGREEMENTS .................................................................................................... 29
3.29
SERVICING AGREEMENTS ............................................................................................................ 29
Page 2
4.
GENERAL REGULATIONS ..................................................................................................................... 31
4.1
LICENSES, PERMITS, AND COMPLIANCE WITH OTHER BYLAWS AND LEGISLATION ................... 31
4.2
PRINCIPLE USE ESTABLISHED ...................................................................................................... 31
4.3
MULTIPLE USES ........................................................................................................................... 31
4.4
USES PERMITTED IN ALL ZONING DISTRICTS .............................................................................. 31
4.5
NUMBER OF PRINCIPLE BUILDINGS ON A SITE ........................................................................... 32
4.6
ACCESORY BUILDINGS, USES AND STRUCTURES ........................................................................ 32
4.7
FRONT YARD REDUCTION ........................................................................................................... 32
4.8
FRONTAGE FOR IRREGULAR SITES .............................................................................................. 32
4.9
PERMITTED YARD ENCROACHMENTS ......................................................................................... 32
4.10
RESTORATION TO A SAFE CONDITION ........................................................................................ 33
4.11
GRADING AND LEVELING OF SITES ............................................................................................. 33
4.12
RESTRICTIONS ON CHANGES....................................................................................................... 33
4.13
HEIGHT OF BUILDINGS ................................................................................................................ 33
4.14
HERITAGE PROPERTIES................................................................................................................ 33
4.15
SIGNAGE ON NATURAL AND HUMAN HERITAGE SITES .............................................................. 34
4.16
LANDSCAPE BUFFERS .................................................................................................................. 34
4.17
PROHIBITED AND NOXIOUS USES ............................................................................................... 34
4.18
CLOSINGS .................................................................................................................................... 34
4.19
SATELLITE DISHES ........................................................................................................................ 35
4.20
COMMUNICATION TOWERS ....................................................................................................... 35
4.21
PRIVATE GARAGES, SUNROOMS, SOLARIUMS, AND GREENHOUSES ......................................... 35
4.22
TRAILERS, BOX CARS, SEA AND RAIL CONTAINERS ..................................................................... 35
4.23
SWIMMING POOLS ..................................................................................................................... 35
4.24
DISPOSAL OF WASTES ................................................................................................................. 36
4.25
SOLID AND LIQUID WASTE DISPOSAL FACILITIES ........................................................................ 36
5.
DISCRETIONARY USE STANDARDS FOR DEVELOPMENT ..................................................................... 37
5.1
HOME OCCUPATIONS ................................................................................................................. 37
5.2
SECONDARY SUITES .................................................................................................................... 38
5.3
MODULAR HOMES ...................................................................................................................... 38
5.4
BED AND BREAKFAST HOMES ..................................................................................................... 38
5.5
DAY CARE CENTRES AND PRE-SCHOOLS ..................................................................................... 39
5.6
RESIDENTIAL CARE HOMES ......................................................................................................... 39
5.7
GARDEN (GRANNY) SUITES ......................................................................................................... 39
5.8
CAMPGROUNDS .......................................................................................................................... 40
5.9
WIND ENERGY FACILITES ............................................................................................................ 41
6
ZONING DISTRICTS AND ZONING MAPS ............................................................................................. 43
6.1
ZONING DISTRICTS ...................................................................................................................... 43
6.2
THE ZONING DISTRICT MAP ........................................................................................................ 43
6.3
BOUNDARIES OF ZONING DISTRICTS .......................................................................................... 43
Page 3
6.4
HOLDING DESIGNATION ............................................................................................................. 43
7
RESIDENTIAL DISTRICT -R1 ................................................................................................................. 44
7.1
PERMITTED USES ......................................................................................................................... 44
7.2
DISCRETIONARY USES ................................................................................................................. 44
7.3
SITE DEVELOPMENT REGULATIONS ............................................................................................ 44
7.4
ACCESSORY BUILDINGS AND STRUCTURES ................................................................................. 45
7.5
FENCE AND HEDGE HEIGHTS ...................................................................................................... 45
7.6
SIGNAGE ...................................................................................................................................... 46
7.7
OUTSIDE STORAGE ...................................................................................................................... 46
8
RESIDENTIAL MULTIPLE DWELLING DISTRICT - R2 ............................................................................. 47
8.1
PERMITTED USES ......................................................................................................................... 47
8.2
DISCRETIONARY USES ................................................................................................................. 47
8.3
SITE DEVELOPMENT REGULATIONS ............................................................................................ 47
8.4
ACCESSORY BUILDINGS AND STRUCTURES ................................................................................. 49
8.5
FENCE AND HEDGE HEIGHT ........................................................................................................ 50
8.6
SIGNAGE ...................................................................................................................................... 50
8.7
OUTSIDE STORAGE ...................................................................................................................... 50
9
RESIDENTIAL MOBILE HOME DISTRICT - RMH ................................................................................... 51
9.1
PERMITTED USES ......................................................................................................................... 51
9.2
DISCRETIONARY USES ................................................................................................................. 51
9.3
SITE DEVELOPMENT REGULATIONS ............................................................................................ 51
9.4
DEVELOPMENT STANDARDS FOR MOBILE HOMES .................................................................... 52
9.5
ACCESSORY USES, BUILDINGS AND STRUCTURES ....................................................................... 53
9.6
FENCE AND HEDGE HEIGHTS ...................................................................................................... 53
9.7
SIGNAGE ...................................................................................................................................... 54
9.8
OUTSIDE STORAGE ...................................................................................................................... 54
10 RESIDENTIAL ACREAGE DISTRICT - RA ................................................................................................ 55
10.1
PERMITTED USES ......................................................................................................................... 55
10.2
DISCRETIONARY USES ................................................................................................................. 55
10.3
SITE DEVELOPMENT REGULATIONS ............................................................................................ 55
10.4
ACCESSORY BUILDINGS ............................................................................................................... 56
10.5
SUPPLEMENTARY REGULATIONS ................................................................................................ 56
10.6
TEMPORARY USES ....................................................................................................................... 56
10.7
SIGNAGE ...................................................................................................................................... 57
11 TOWN CENTRE COMMERCIAL DISTRICT - C1 ..................................................................................... 58
11.1
PERMITTED USES ......................................................................................................................... 58
11.2
DISCRETIONARY USES ................................................................................................................. 58
11.3
SITE DEVELOPMENT REGULATIONS ............................................................................................ 59
11.4
ACCESSORY BUILDINGS ............................................................................................................... 59
11.5
SIGNAGE ...................................................................................................................................... 59
Page 4
11.6
PARKING ...................................................................................................................................... 60
11.7
LANDSCAPING ............................................................................................................................. 60
11.8
SUPPLEMENTARY REGULATIONS ................................................................................................ 60
12 HIGHWAY COMMERCIAL DISTRICT - C2 ............................................................................................. 61
12.1
PERMITTED USES ......................................................................................................................... 61
12.2
DISCRETIONARY USES ................................................................................................................. 61
12.3
PROHIBITED USES ........................................................................................................................ 62
12.4
SITE DEVELOPMENT REGULATIONS ............................................................................................ 62
12.5
ACCESSORY BUILDINGS ............................................................................................................... 63
12.6
FENCE AND HEDGE HEIGHTS ...................................................................................................... 63
12.7
LANDSCAPING ............................................................................................................................. 63
12.8
PARKING REQUIREMENTS ........................................................................................................... 63
12.9
LOADING REQUIREMENTS .......................................................................................................... 64
12.10 SIGNAGE ...................................................................................................................................... 64
12.11 OUTSIDE STORAGE ...................................................................................................................... 64
12.12 SUPPLEMENTARY REGULATIONS ................................................................................................ 65
13 GENERAL INDUSTRIAL DISTRICT - IND ................................................................................................ 66
13.1
PERMITTED USES ......................................................................................................................... 66
13.2
DISCRETIONARY USES ................................................................................................................. 66
13.3
SITE DEVELOPMENT REGULATIONS ............................................................................................ 67
13.4
ACCESSORY BUILDINGS ............................................................................................................... 67
13.5
FENCE AND HEDGE HEIGHTS ...................................................................................................... 67
13.6
LANDSCAPING ............................................................................................................................. 67
13.7
PARKING ...................................................................................................................................... 68
13.8
LOADING REQUIREMENTS .......................................................................................................... 68
13.9
SIGNAGE ...................................................................................................................................... 68
13.10 OUTSIDE STORAGE ...................................................................................................................... 69
13.11 SUPPLEMENTARY REGULATIONS ................................................................................................ 69
13.12 PERFORMANCE STANDARDS ....................................................................................................... 70
14 COMMUNITY SERVICE DISTRICT - CS .................................................................................................. 71
14.1
PERMITTED USES ......................................................................................................................... 71
14.2
DISCRETIONARY USES ................................................................................................................. 71
14.3
SITE DEVELOPMENT REGULATIONS ............................................................................................ 72
14.4
SIGNAGE ...................................................................................................................................... 73
14.5
PARKING ...................................................................................................................................... 73
14.6
LANDSCAPING ............................................................................................................................. 73
15 FUTURE URBAN DEVELOPMENT DISTRICT - FUD ............................................................................... 74
15.1
PERMITTED USES ......................................................................................................................... 74
15.2
DISCRETIONARY USES ................................................................................................................. 74
15.3
SITE DEVELOPMENT REGULATIONS ............................................................................................ 74
Page 5
15.4
SIGNAGE ...................................................................................................................................... 75
15.5
SUPPLEMENTARY REGULATIONS ................................................................................................ 75
Appendix "A" - APPLICATION FOR A DEVELOPMENT PERMIT
Appendix "B" - NOTICE OF DECISION FOR A DEVELOPMENT PERMIT
Page 6
1.
INTRODUCTION
1.1
AUTHORITY
Under the authority by the Planning and Development Act, 2007, the Mayor and Council of the Town of
Duck Lake 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 Duck Lake.
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 Duck Lake in accordance with the Duck Lake Official Community Plan Bylaw No. 2013-06 and
the Twin Rivers District Plan Bylaw 2013-05.
1.3.2
The intent of this Zoning Bylaw is to provide for the amenity of the area within the Town of Duck
Lake (hereinafter referred as to the Town) and for the health, safety, and general welfare of the
inhabitants of Duck Lake 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 Duck Lake. All development
within the limits of the Town of Duck Lake shall hereafter conform to the provisions of this Bylaw.
1.5
SEVERABILITY
A decision of a Court that one or more of the provisions of this Bylaw are invalid in whole or in part does
not affect the validity, effectiveness, or enforceability of the other provisions or parts of the provisions
of this Bylaw.
Page 7
2.
DEFINITIONS
Whenever the subsequent words or terms are used in the Duck Lake Official Community Plan, Twin
Rivers District Plan, Bylaw No. 2013-05 and this Bylaw, they shall have the following definition unless the
context indicates otherwise.
A
Abattoir: A facility for butchering or
slaughtering animals, and to dress, cut, inspect
meats, refrigerate, cure and manufacture by-
products.
Accessory: A building or use that:
a) Is subordinate to and serves the
principal building or principal use;
b) Is subordinate in area, mass, extent,
and purpose to the principal building or
principal use served;
c) Contributes to the comfort,
convenience, or necessity of occupants
of the principal building or assists the
principal use;
d) And is located on the same site as the
principal building or use.
Act: The Planning and Development Act, 2007,
Province of Saskatchewan, as amended from
time to time.
Adjacent: Contiguous or would be contiguous if
not for a river, stream, railway, road or utility
right-of-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 Duck Lake.
Aggregate Resource: Mineral materials
including sand, gravel, clay, earth or mineralized
rock, including recycled concrete.
Agricultural: A use of land, buildings or
structures for the purpose of animal husbandry,
fallow, field crops, forestry, market gardening,
pasturage, private greenhouses and includes
the growing, packing, treating, storing and sale
of produce produced on the premises and other
similar uses customarily carried on in the field
of general agriculture.
Alteration or Altered: With reference to a
building, structure or site means a change from
one major occupancy class or division to
another, or a structural change such as an
addition to the area or height, or the removal or
part of a building, or any change to the
structure such as the construction of, cutting
into or removal of any wall, partition, column,
beam, joist, floor or other support, or a change
to or closing of any required means of egress or
a change to the fixtures, equipment, cladding,
trim, or any other items regulated by this Bylaw
such as parking and landscaping.
Animal Clinic: A building or part thereof used by
a qualified veterinarian for the treatment of
animal health needs where animals are not kept
on the premises for surgery or kept overnight.
Animal Hospital: The premises of a veterinary
surgeon where small, large domestic animals
and livestock are treated or kept involving
surgery and the keeping of animals in outdoor
or indoor pens.
(Animal)Veterinary Clinics: A place for the care
and treatment of small animals involving
outpatient care and medical procedures
involving hospitalization, but shall not include
the keeping of animals in outdoor pens.
Applicant: A developer or person applying for a
Development Permit under this Bylaw or for a
subdivision approval to an approving authority
under The Planning and Development Act, 2007.
Attic: That portion of a building situated wholly
or in part within the roof and which is less than
one-half story.
Page 8
Auto Wrecker: An area where motor vehicles
are disassembled, dismantled or junked, or
where vehicles not in operable condition, or
used parts of motor vehicles, are stored or sold
to the general public.
Awning: A structure that is mechanical and
fabricated from plastic, canvas or metal that is
spread across a frame designed to be attached
to a wall and hung above a doorway or window.
B
Basement: That portion of a building that is
partly or wholly underground.
Bed and Breakfast: A dwelling unit, licensed as
a tourist home under The Tourist
Accommodation Regulations, 1969, in which
overnight accommodation within the dwelling
unit, along with one meal served before noon,
is provided to the travelling 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 Duck
Lake to regulate the erection, alteration, repair,
occupancy, or maintenance of buildings and
structures.
Building Height: the vertical distance of a
building measured from the grade level to the
highest point of the roof.
Building Permit: A permit, issued under The
Building Bylaw of the Town of Duck Lake,
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 Duck Lake Zoning Bylaw.
C
Campground: An area used for a range of
overnight camping experiences, from tenting to
serviced trailer sites, including accessory
facilities which support the use, such as
administration offices and laundry facilities, but
not including the use of mobile homes or
trailers on a permanent year-round basis.
Cardlock Operation: A petroleum dispensing
outlet without full-time attendants
Carport: A building or structure or part thereof,
where at least 40% of the area of the perimeter
is open and unobstructed by a wall, door, post
or pier and which is used for the parking or
storage of motor vehicles.
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.
Page 9
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.
Community Facilities: Buildings or facilities
used for recreational, social, educational or
cultural activities and that are owned by a
municipal corporation, non-profit corporation
or other non- profit organization.
Compost: Materials used in gardening,
agriculture, landscaping, erosion control,
wetland construction, and landfill cover.
Condominium: Land, buildings, and units,
including private and common property as
defined under The Condominium Property Act.
Conservation: The planning, management and
implementation of an activity with the objective
of protecting the essential physical, chemical
and biological characteristics of the
environment.
Construction Trades: offices, shops and
warehouses, with or without retail sales for
trades associated with construction of
buildings.
Contractors Yard: The yard of a contractor or
company, including landscaping materials used
as a depot for the storage and maintenance of
equipment used by the contractor or company,
and includes facilities for the administration or
management of the business and the
stockpiling or storage of supplies used in the
business.
Convenience Store: A store offering for sale
primarily food products, beverages, personal
care items, hardware and printed matter and
which primarily provides a convenient day-to-
day service to residents in the vicinity.
Council: The Council of the Town of Duck Lake.
D
Day Care Centre: An establishment providing
for the care, supervision and protection of
children (or adults) but does not include the
provision or overnight supervision.
Deck: Any raised floor structure at least 0.3
meters 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: An employee of The
Town appointed by the 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 Development Officer of the Town of Duck
Lake 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
Page 10
regulations applicable to the district in which
the use is located.
District Plan: The District Plan for the Town of
Duck Lake and participating municipalities is
known as the Twin Rivers District plan, as
outlined by Section 102 of The Planning and
Development Act, 2007.
Dwelling: A building or part of a building
intended for residential occupancy.
Dwelling Unit: One or more habitable rooms
used, or fully capable of being used as a
residence, where each unit provides sleeping,
cooking, and toilet facilities.
Dwelling, Duplex: A building that is divided into
two dwelling units with separate entrances and
separated by a common party wall.
Dwelling Group: A group of single-detached,
semi-detached, or multiple unit dwellings
clustered on one lot or site, built as one
development.
Dwelling, Multiple Unit: A building containing
three or more dwelling units and shall include
condominiums, townhouses, row houses, and
apartments as distinct from a rooming house,
hotel, or motel.
Dwelling, Semi-Detached: A building divided
vertically into two (2) dwelling units by a
common wall extending from the base of the
foundation to the roofline.
Dwelling, Single-Detached: A building
containing only one dwelling unit, and shall not
include a mobile home as herein defined.
Dwelling, Town House: A dwelling, designed as
one cohesive building in terms of architectural
design, which contains three (3) or more similar
attached dwelling units each of which fronts on
a street, has direct access to the outside at
grade and is not wholly or partly above another
dwelling.
E
Educational Institution: An establishment
dedicated for the purpose of providing
education and instruction in any branch of
knowledge.
Existing: In place, or taking place, or with all
approvals and permits in place on the date of
the adoption of this Bylaw.
F
Farm Building/Yard: Improvements such as
barns, granaries, etc. used in connection with
the growing and sale of trees, shrubs and sod or
the raising or production of crops, livestock or
poultry, fur production, bee keeping and
situated on a parcel of land used for the farm
operation.
Fence: a structure used to enclose or screen
areas of land.
Fill (Clean Fill): Soil, rock, rubble, or other
Town-approved, non-regulated waste that is
transported and placed on the existing, usually
natural, ground surface.
Flanking: Means to the side of a lot, parcel or
site.
Flood: A temporary rise in the water level that
results in the inundation of areas not ordinarily
covered by water.
Floor Area: The maximum area contained
within the outside walls of a building, excluding
in the case of a dwelling, any private garage,
porch, veranda, open deck, unfinished attic, or
unfinished basement or cellar and in a
commercial or industrial building, any utility
room.
Future Land Use Plan: A comprehensive
document compiled by a local government that
identifies goals and strategies for future
development or preservation of land.
Future Land Use Map: In its projections, the
map specifies certain areas for residential
Page 11
growth and others for agriculture, industry,
commercial, community services and
conservation. The map for Duck Lake is
attached as an Appendix "A "in the Twin Rivers
District Plan.
Frontage (Lot Frontage): The distance across
the street side of a lot (a lot must front on a
street), between the points where the side lines
of the lot meet the street right of way or
boulevard; or, where a lot is irregular in shape
and is narrowest at the front street end, the
width of the lot shall be measured parallel to
the street line at the centre of the front lot line,
and at a setback from the front lot line no
greater than the minimum permitted building
setback.
G
Garage, Private: A building or part of a building
used for or intended to be used for the storage
of motor vehicles and wherein neither servicing
nor repairing of such vehicles are carried on for
remuneration.
Garage, Public: A building or place where motor
vehicles are stored or repaired for
remuneration but does not include car washing
establishments, an auto sales lot or an
automobile service station.
Garden (Granny) Suite: A second, small,
dwelling on the site of a primary, single-family
dwelling that accommodates one or two family
members of the owner/occupants of the
primary residence and is intended to allow the
family to live independently but with the
support nearby of the extended family.
Gas Bar: A building or place where fuel and
automotive fluids are sold and may be added to
a vehicle on the property, and which may have
a convenience store and/or restaurant.
Grade: The average elevation of the natural
ground level at the walls of a building or
structure as determined by the elevation of the
four outside corners of the building.
Greenhouse, Commercial: A building for the
growing of flowers, plants, shrubs, trees and
similar vegetation that are not necessarily
transplanted outdoors on the same site, but are
sold directly at wholesale or retail from the site.
Greenhouse, Private: A building for the growing
of flowers, plant, shrubs, trees and similar
vegetation that are transplanted outdoors on
the same site containing such greenhouse(s),
and where greenhouse products may not be
offered for sale.
Greenways: 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.
H
Hazardous Industry/Substance: A substance
that, because of its quality, concentration or
physical, chemical or infectious characteristics,
either individually or in combination with other
substances on the site is an existing or potential
threat to the physical environment, to human
health or other living organisms.
Hazard(ous) Land: Land having inherent
environmental hazards; land subject to
flooding, earth movement, or slope instability,
land with poor natural drainage, ground water
seepage, erosion, steep slopes, rock formations,
or other similar features.
Health Service Facility (Health Clinic): A
building or part thereof used by qualified health
service practitioners for the treatment of
human health needs.
Heritage Resource: The history, culture and
historical resources of an area and its residents.
Highway Commercial: Commercial activities
normally located along highways, major
roadways and in other locations considered
strategic by the type of business involved
Page 12
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.
I
Industrial Use: The use of land, buildings or
structures for the manufacturing, assembling,
processing, fabrication, warehousing or storage
of goods and materials.
Industrial Park: An area of land set aside for
industrial development, usually located close to
transport facilities, especially where more than
transport mode coincides, i.e. highways,
railroads, airports.
Infill Development: Re-development within
existing areas or neighborhoods.
Institutional Use: The use of land, buildings, or
structures for religious, charitable, educational,
health or welfare purposes and includes
churches, public or private schools, nursery
schools, hospitals, and special care
K
Kennel, Boarding: The temporary
accommodation of more than four dogs, cats or
other domestic animals for commercial
purposes.
Kennel, Breeding: The keeping of domestic
animals, male and female, and which are more
than 12 months old, for breeding purposes.
Kennel, Enclosure: An accessory building or
enclosure intended to house one of more
domestic animals.
L
Landfill: A specially engineered site for
disposing of solid waste on land, constructed so
that it will reduce hazard to public health and
safety.
Landscaped Area: An area not built upon and
not used for any purpose other than as an open
space that may include grass, shrubs, flowers,
trees, and similar types of vegetation and may
contain paths, walks, patios, fences and similar
outdoor amenities, but does not include parking
areas, parking lots, driveways or ramps.
Land Use Zoning District: Divisions identified in
the Zoning Bylaw establishing permitted and
discretionary uses of land or buildings with
attendant regulations.
Lane: A secondary public thoroughfare
intended primarily to give access to the rear or
side of the abutting property.
Livestock: Domesticated animals used primarily
as beasts of burden or for the production of fur,
hides, meat, milk, eggs or other product, or as
breeding stock, but excluding companion
animals.
Live/Work : A dwelling unit, part of which may
be used as a business establishment, where the
Page 13
dwelling unit is the principal residence of the
business operator.
Loading Space: a space, measuring at least 2.5
meters (8.2 feet) in width and 8.4 meters (27.5
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.
M
Manufacturing Establishment: A firm or
business engaged in the mechanical or chemical
transformation of materials or substances into
new products including the assembling of
components parts, the manufacturing of
products and the blending of materials.
Marquee: A roof-like structure of a permanent
nature which projects from the wall of a
building that is independently supported by a
system of columns or piers without walls over
an entrance to a building.
Mayor: The Mayor of the Town of Duck Lake.
Minister: The member of the Executive Council
to whom for the time being is assigned the
administration of The Planning and
Development Act, 2007.
Mobile Home: A portable structure built on a
metal chassis that is defined in the Canadian
Standards Association (CSA) Z240MH standards
as a "mobile home:, a multiple section mobile
home:, or a "swing out and expandable room
section mobile home," and bears a CSA seal
attesting that the structure complies with the
Z240 standards.
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 or Mobile Home Subdivision: Any
subdivision of land and the development
thereof for the purpose of accommodating
mobile or modular homes in such a manner that
each home is situated on its own site, which
shall contain a minimum site area of 465 m 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 factory built
house that is designed and intended for use as a
domestic residence and is constructed in
climate controlled factories usually in an an
assembly line by assembling manufactured
three-dimensional modular units, each with
three walls and a roof/ceiling, that are each at
least one room or living area, and bears a CSA
seal attesting that the house complies with the
A-277 Standards.
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
Page 14
to a parking space for the use of the occupants
of the units and may or may not provide food
service.
Municipality: The Town of Duck Lake.
Municipal Reserve: Dedicated lands that are
provided to a municipality for public use, or that
were dedicated as public reserve and
transferred to a Municipality pursuant to of The
Planning and Development Act, 2007.
Museum: An institution that is established for
the purpose of acquiring, conserving, studying,
interpreting, assembling and exhibiting to the
public for its instruction and enjoyment, a
collection or artifacts of historical interest.
N
Natural Areas: An area relatively undisturbed
by human activities and characterized by
indigenous species including remnant or self-
sustaining areas with native vegetation, water,
or natural features.
Non-Conforming Use: Any use of land, building
or structure lawfully existing or under
construction where permits have been issued at
the time of the passing of this Bylaw, the use of
which does not comply with all the regulations
of this Bylaw governing the Zoning District in
which it is located.
Noxious Use or Condition: Any use or facility
that causes or produces harmful or hazardous
noise, vapours, smoke, dust (particles
suspended in or transported by air), vibrations,
electrical or electromagnetic fields, glare, or
light.
O
Office or Office Building: A building or part of a
building used primarily for conducting the
affairs of a business, profession, service,
industry or government in which no goods or
commodities of business or trade are stored,
trans-shipped, sold or processed.
Official Community Plan: The Official
Community Plan for the Town of Duck Lake
Bylaw No. 2013-06 as outlined by Section 32 of
The Planning and Development Act, 2007.
Open Space: Passive and structure leisure and
recreation areas that enhance the aesthetic
quality and conserve the environment of the
community, including parks, recreation and
tourism nodes, and natural areas.
P
Parking Lot: An open area, other than a street,
used for the temporary parking of more than
four vehicles and available for public or private
use.
Parking Space: A space within a building or
parking lot for the parking of one (1) motor
vehicle including convenient access to a public
lane or street and shall be not less than 3.0
meters wide and 5.5 meters in length.
Pasture: A site that is used for the raising and
feeding of livestock by grazing.
Patio: Any hard surface or floor structure less
than 0.3 meters above the average ground level
upon which it is constructed.
Permitted Use: The use of land, buildings, or
other structures that shall be permitted in a
Zoning District where all requirements of this
Zoning Bylaw are met.
Person: A "person" shall apply to an individual,
association, firm, partnership, corporation,
trust, or agent, and their heirs, executors, or
other legal representatives of a person to whom
the same can apply according to the law.
Personal Service Trades: A building or part of a
building in which persons are employed in
furnishing services and administering to
customer's personal and or grooming needs,
but does not include the provision of health
related services.
Page 15
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 Duck Lake:
Communication by way of telephone
lines, optical cable, microwave, and
cable;
Television services;
Delivery of water, natural gas, and
electricity;
Public transportation by bus, rail, or
other vehicle production, transmission;
Collection and disposal of sewage,
garbage, and other wastes; and
Fire and Police Services.
R
Real-Estate Signage: Signage directly associated
with the sale of a property on which it is located
and which maintains a gross surface area of less
than 1.0m².
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.
Recycling and Collection Depot (Community): A
building or structure intended to accommodate
the collection, sorting, processing and
temporary storage of recyclable household
materials such as bottles , cans, plastic
containers, paper and paint that would
otherwise be considered waste. These types of
uses do not include any outdoor processing or
storage.
Recycling Collection Facility (Commercial): A
building or structure intended to accommodate
the collection, sorting, processing and
temporary storage of recyclable materials that
would otherwise be considered waste. These
types of uses include outdoor processing or
storage.
Redevelopment: (see infill development)
Residential Care Home: A licensed or approved
group care home governed by Provincial
regulations that provide, in a residential setting,
24 hour care of persons in need of personal
services, supervision or assistance essential for
sustaining the activities of daily living or for the
protection of the individual.
Residential Use: The use of land, buildings, or
structures for human habitation.
Restaurant: A building or part of a building
wherein food is prepared and offered for sale to
the public primarily for consumption within the
building. Limited facilities may be permitted to
provide for a take-out food function provided
that such a facility is clearly secondary to the
primary restaurant use.
Retail Store (Shop): A building or part thereof,
or a place, where goods, wares, merchandise,
substances, or articles are offered or kept for
sale or rent, and may include servicing and the
manufacture of products on site for sale on the
Page 16
site so long as the gross floor area used for
manufacturing does not exceed 25% of the
gross floor area of the retail store.
Right-Of-Way: The land set aside for use as a
roadway or utility corridor. Rights of way are
purchased prior to the construction of a new
road or utility line, and usually enough extra
land is purchased for the purpose of providing
mitigative features. Sometimes road rights of
way are left vacant after the initial roadway
facility is constructed to allow for future
expansion.
Rooming House: A building which contains a
room or rooms for accommodation other than a
dwelling unit or other form of accommodation
defined elsewhere in this Bylaw, with sleeping
facilities but without private toilet facilities.
RTM (Ready to Move) Home: "stick-built
home" is a house that is fully assembled by the
seller prior to sale that is a single structure
designed for use with a permanent foundation
as a domestic residence, and is entirely
constructed away from the site and transported
as a single unit to the building site for
installation on a permanent foundation.
S
Satellite Dish: A parabolic antenna utilized for
the reception of satellite transmitted television
or radio waves.
Salvage Yard (Wrecking): A parcel of land
where second-hand, discarded or scrap
materials are bought, sold, exchanged, stored,
processed or handled. Materials include scrap
iron, structural steel, rages, rubber tires,
discarded goods, equipment, appliances or
machinery.
School: An educational facility under the
jurisdiction of a Board of Education, a college,
university, or any other school established and
maintained either wholly or partially at public
expense, whether or not the same is a boarding
school and includes any dormitory building
accessory to such school.
Secondary Suite: a self-contained dwelling unit
which is an accessory use to, and located
within, a detached building in which the
principal use is a one unit dwelling.
Service Station: A site used for the retail sale of
lubricating oils and gasoline, automobile
accessories, and for the servicing and repairing
of motor vehicles essential to the operation of a
motor vehicle; but does not include an auto
body or painting shop, car sales lot, or a car
washing establishment.
Setback: The distance required to obtain the
front yard, rear yard or side yard provisions of
this Bylaw.
Should, Shall or May:
Shall is an operative word which means the
action is obligatory.
Should is an operative word which means
that in order to achieve plan objectives, it is
strongly advised that the action be taken.
May is an operative word meaning a choice
is available, with no particular direction or
guidance intended.
Sign: Any device, letter, symbol, emblem or
picture, that is affixed to or represented directly
or indirectly upon a building, structure, or a
piece of land and that identifies or advertises
any object, product, place, activity, person,
organization, or business in such a way as to be
visible to the public on any street,
thoroughfare, or any other public place.
Sign, Billboard: A private free standing sign,
including supporting structure, which advertises
goods, products, services, organizations, or
facilities that are available from, located on, or
refer to, a site other than the site on which the
sign is located.
Sign, Freestanding: sign, except a billboard,
independently supported and visibly separated
Page 17
from a building or other structure and
permanently fixed to the ground.
Sign, Height: The vertical distance measured
from the highest point of the sign to grade level
at the centre of the sign.
Sign, Projecting: A sign which is wholly or
partially dependent upon a buildings for
support and which projects more than 0.5
meters from such building.
Sign, Temporary: A sign which is not
permanently installed or affixed in position,
advertising a product or activity on a limited
basis.
Site: An area of land, consisting of one or more
lots consolidated under a single certificate of
title, considered as a unit devoted to a certain
use or occupied by a building or a permitted
group of buildings, and the customary
accessories and open spaces belonging to the
same.
Site Area: The total horizontal area within the
site lines of a site.
Site, Corner: A site at the intersection of two or
more public streets, or upon two parts of the
same street, the adjacent sides of which street
or streets (or, in the case of a curved corner, the
tangents at the street extremities of the side
site lines) contain an angle of not more than
one hundred and thirty-five (135) degrees. In
the case of a curved corner, the corner of the
site shall be that point on the street at the point
of intersection of the said tangents.
Site Coverage: The percentage of the site area
covered by all the buildings above the ground
level.
Site Depth: The horizontal distance between
the front site and rear site lines, but where the
front and rear site lines are not parallel the site
depth is the length of a line joining the midpoint
of such site lines.
Site, Through: A site other than a corner site,
having separate frontages on two streets. The
front site line of a through site shall be
determined by predetermined building lines.
Site, Width: The horizontal distance between
the side boundaries of the site measured at a
distance from the front lot line equal to the
minimum front yard required for the district in
which the site is located.
Site Line: Any boundary of a site.
Site Line, Front: The line separating the site
from the street; for a corner site, the shorter
line abutting a street; but in the case of a corner
site with two street lines of equal length, the
front site line shall be designated by
predetermined building lines.
Site Line, Rear: The site line at the rear of the
site, opposite the front site line.
Site Line, Side: A site line other than a front or
rear site line.
Site Plan: A plan showing the location of
existing and proposed buildings on a site in
relationship to the site lines.
Special Care Facility (Home): An
institutionalized nursing home, supervisory care
home, sheltered care home or other facility
used for the purpose of providing supervisory
care, personal care, and nursing care.
Special Needs Housing: Multiple unit dwellings
or dwelling groups operated by a non-profit
corporation or public authority and used
exclusively for the domestic habitation of senior
citizens, disabled persons, occupants of
subsidized housing, or the cohabitant spouse
and children of persons noted above.
Storey: That portion of a building, other than an
attic or basement, between the upper surface
of any floor and the upper surface of the floor
next above.
Storey, One-Half: That portion of a building
situated wholly or in part within the roof and in
which there is sufficient space to provide a
height between finished floor and finished
Page 18
ceiling of between 1.5 meters and 2.3 meters
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.
Strip Mall(Mini Mall): a building of not more
than 600 m2 in gross floor area in which not
more than six (6) of the permitted or
discretionary uses of the zoning district are
located together for their mutual benefit.
Street: The whole and entire width of every
highway, public road, or road allowance vested
in Her Majesty in the right of the Province of
Saskatchewan and shown as such on a plan of
survey registered at the Information Services
Corporation (ISC).
Structural Alteration: The construction or
reconstruction of supporting elements of a
building or other structure.
Structure: Anything that is built, constructed or
erected that is located on the ground or
attached to something located on, or in the
ground.
Subdivision: A division of land, and includes a
division of a quarter section into legal
subdivision as described in the regulations
made pursuant to The Land Surveys Act, 2000.
Swimming Pool: Any body of water
permanently located outdoors or indoors,
contained by artificial means and used and
maintained for the purpose of swimming,
wading, or diving and having a depth of 0.6
meters or more at any point.
T
Tavern: an establishment, or portion thereof,
where the primary business is the sale of
beverage alcohol for consumption on the
premises, with or without food, and where no
live entertainment or dance floor is permitted.
(Tele)communication Facility: A structure
situated on a non-residential site that is
intended for transmitting or receiving
television, radio or cellular communications,
excluding those used exclusively for dispatch
communications.
Tourist Campground: An area of land, managed
as a unit, providing short-term accommodation
for tents, camping trailers, motor homes and
campers, including accessory facilities such as
administration offices and laundry faculties.
Town: The Town of Duck Lake.
Town Administrator: The Administrator of the
Town of Duck Lake.
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.
U
Use: The activity or purpose for which any land,
building, structure, or premises, or part thereof
is arranged, designed, or intended, occupied, or
maintained.
Used For: Includes "arranged for", "designed
for", "intended for", "maintained for", and
"occupied for".
Page 19
Utility Shed: An accessory building or structure
used for the storage of goods with a maximum
floor area of 9.3m².
W
Warehouse: A building used for the storage and
distribution of wholesale goods and materials.
Waste Disposal Facility, Liquid: A facility to
accommodate any waste which contains
animal, mineral or vegetable matter in solution
or suspension, but does not include a septic
system for a single residence or farmstead, or a
manure storage area for an intensive livestock
operation.
Waste Disposal Facility, Solid: A facility or a
temporary storage facility, to accommodate
discarded materials, substances or objects
which originated from residential, commercial,
institutional and industrial sources which are
disposed of in municipal or private landfills, but
not including dangerous goods, hazardous
waste or biomedical waste.
Wind Energy Conversion System: A system
composed of a wind turbine, tower and
associated control electronics with a capacity of
less than 100 kW for non-residential use or 10
kW for residential use. It will be considered an
accessory use and is intended to provide on-site
power for a principal use.
Wind Energy Conversion System, Private Use:
Means a system consisting of a wind turbine,
tower, and associated control or conversion
electronics for the purpose of providing
electrical power to a lawful principal use. A
system having a rated capacity of 10 kilowatts
(kW) or less for residential use or 100 kW or less
for non-residential uses shall be considered a
private use system for the purposes of the
regulations. These systems are considered
accessory uses in all zoning districts.
Wind Turbine: The individual component of a
Wind Energy Conversion System that converts
kinetic energy from the wind into electrical
energy, independent of the electrical
conductors, electrical storage system, electrical
metering, or electrical inverters.
Wind Turbine, Electrical: An individual
component of a Wind Energy Conversion
System which converts kinetic wind energy to
electrical energy through electric currents.
Wind Turbine, Mechanical: An individual
component of a Wind Energy Conversion
System which converts kinetic wind energy to
mechanical energy through motion.
Work Camp: A temporary Industrial or
Construction camp established for the purpose
of providing accommodation for employees.
Y
Yard: Open, uncovered space open to the sky
on the same site with a building or structure.
Yard, Front: The area between the side site
lines and the front site line to the front building
line.
Yard, Rear: The area between the side site lines
and the front site line to the rear building line
(corner and interior).
Yard, Required: The minimum yard required by
a provision of this Bylaw and within which,
unless specifically permitted, no building or
structure, or part of a building or structure shall
be erected.
Yard, Side: The area between the front and rear
yards and between the side site line and the
side building line.
Page 20
3.
ADMINISTRATION AND INTERPRETATION
3.1
DEVELOPMENT OFFICER
3.1.1
The Town Administrator of the Town of Duck Lake shall be the Development Officer responsible
for the administration of this Bylaw and in their absence by such other employee of the
Municipality as the Council designates from time to time.
3.1.2
The Development Officer shall:
a. Receive, record, and review development permit applications and issue decisions of 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;
d. Collect development fees, according to the fee schedule established in this Bylaw or any
other Development Fee Bylaw adopted by the Town;
e. Perform other duties as determined by Council.
3.1.3
The Development Officer shall be empowered to make a decision, in consultation with Council,
regarding a Development Permit application for a "Permitted Use."
3.2
COUNCIL
3.2.1
Council shall make all decisions regarding Discretionary uses, Development and Servicing
Agreements, and Zoning Bylaw amendments.
3.2.2
Council shall make a recommendation regarding all subdivision applications circulated to it by
Saskatchewan Ministry of Government Relations, prior to a decision being made by the Minister.
3.2.3
Council shall act on discretionary use, re-zoning, and subdivision applications in accordance with
the procedures established by The Planning and Development Act, 2007 and in accordance with
the Duck Lake Official Community Plan and the Twin Rivers District Plan.
3.3
APPLICATION FOR A DEVELOPMENT PERMIT
3.3.1
Unless the proposed development or use is exempt from Development Permit requirements,
before commencing any principal or accessory use development, including a public utility use,
every developer shall:
a. Complete and submit a Development Permit application, and (refer to Permit application in
Appendix "A").
b. Receive a Development Permit for the proposed development.
Page 21
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 Twin Rivers District Plan and the Duck Lake Official Community Plan.
3.3.3
Except where a particular development is specifically exempted by Section 3.4 of this Bylaw, no
development or use shall commence without a Development Permit first being obtained.
3.4
DEVELOPMENT NOT REQUIRING A PERMIT
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 DISTRICT
a. Buildings and structures under 9.3 m² (100 ft2) in area, which are accessory to a principal,
residential use except where such dwelling is a discretionary use.
b. The television antennae or radio antennae.
c. Relocation of any residential or accessory building provided development standards are still
met on the site.
3.4.2
COMMERCIAL ZONING DISTRICTS
a. Buildings and structures that are accessory to a permitted, principal, commercial use, except
where such use is discretionary.
b. A temporary building, the sole purpose of which is incidental to the erection or alteration of
a building for which a building permit has been granted.
3.4.3
ACCESSORY USES
All accessory uses, unless otherwise specified in this Bylaw.
3.4.4
OFFICIAL USES
Uses and buildings undertaken, erected, or operated by the Town of Duck Lake.
3.4.5
INTERNAL ALTERATIONS
a. Residential Buildings
Internal alterations to a residential building, provided that such alterations do not result in a
change of use or an increase in the number of dwelling units within the building or on site;
b. All Other Buildings
Internal alterations and maintenance to other buildings, including mechanical or electrical
work, provided that the use, or intensity of use of the building, does not change.
3.4.6
LANDSCAPING
Landscape areas, driveways and parking lots, provided the natural or designed drainage pattern
of the site and adjacent sites are not adversely impacted.
Page 22
3.5
INTERPRETATION
a. Where any provision of this Bylaw appears unclear, Council shall make the final Bylaw
interpretation.
b. All Bylaw requirements shall be based on the stated metric units. The imperial units shown in
this Bylaw shall be approximate guidelines only.
3.6
COMPREHENSIVE DEVELOPMENT REVIEW
3.6.1
A Comprehensive Development Review shall be completed prior to consideration of an
application by Council by any person proposing to rezone, subdivide, or re-subdivide land for
multi-parcel residential, commercial or industrial purposes. The purpose of this review is to
identify and address social, environmental, health and economic issues and to encourage the
development of high quality residential, recreational, commercial, and industrial developments.
The scope and required detail of the Comprehensive Development Review will be based on the
scale and location of the proposed development, and address such areas as the following:
a. Proposed land use(s) for various parts of the area;
b. The effect on adjacent land uses and integration of the natural landscape regarding the
planning and design of the area;
c. The location of, and access to, major transportation routes and utility corridors;
d. The provision of services respecting the planning for future infrastructure within the
Municipality;
e. Sustainable development and environmental management practices regarding surface and
groundwater resources, storm water management, flooding and protection of significant
natural areas;
f. Appropriate information specific to the particular land use (residential, commercial or
industrial)
3.6.2
The Comprehensive Development Review must be prepared in accordance with the overall goals
and objectives of the Duck Lake Official Community Plan and the Twin Rivers District Plan.
Council shall not consider any development application until all required information has been
received. The responsibility for undertaking all technical investigations and hosting public
meetings as required shall be borne solely by the applicant.
3.7
DEVELOPMENT PERMIT PROCEDURE
Where an application for a Development Permit is made for a permitted use in conformity 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.
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3.7.1
DISCRETIONARY USE APPLICATION
a. Where an application for a Development Permit is made for a discretionary use, the
Development Officer shall advise the Council as soon as practicable.
b. 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,
the District Planning Commission, or interested groups, as Council may consider
appropriate. Council also may require the application to be reviewed by planning,
engineering, legal, or other professionals, with the cost of this review to be borne by the
applicant.
c. Upon approval of a discretionary use by resolution of Council, the Development Officer shall
issue a Development Permit for the discretionary use at the location and under such terms
and development standards specified by Council in its resolution.
3.7.2
DEVELOPMENT PERMIT DECISION
a. The applicant shall be notified in writing of the decision of their application within 30 days of
all required information being submitted to the Development Officer. The applicant shall be
advised of their right to appeal a decision on a permitted use application and any terms and
conditions attached to a discretionary use application to the Development Appeals Board
subject to the provisions of The Planning and Development Act, 2007.
b. If the proposal conforms to the provisions of this Bylaw, a Development Permit shall be
issued, subject to any development standards, special regulations, or performance
standards that may be required.
3.8
DEVELOPMENT PERMIT: VALIDITY
3.8.1
A Development Permit is valid for a period of twelve months unless otherwise stipulated when
the permit is issued.
3.8.2
Where the Development Officer determines that a development is being carried out in
contravention of any condition of a Development Permit or any provision of this Bylaw, the
Development Officer shall suspend or revoke the Development Permit and notify the permit
holder that the permit is no longer in force.
3.8.3
Where the Council is satisfied that a development, the permit for which has been suspended or
revoked, will be carried out in conformity with the conditions of the Permit and the
requirements of this Bylaw the Council may reinstate the Development Permit and notify the
permit holder that the permit is valid and in force.
3.8.4
The Development Officer shall direct the applicant for a discretionary use, or carry out on behalf
of the applicant, the advertisement of the proposed use by posting a notice of the application at
the entrance to the property in question and by mailing a copy of the notice to the assessed
owner of each abutting property and each assessed owner of property within a 75.0 meter
radius of the proposed development.
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3.8.5
The Development Officer shall publish a notice of the application in accordance with the
provisions of The Planning and Development Act, 2007, whereby the applicant shall pay to the
Municipality a fee equal to the costs associated with the public advertisement.
3.9
DEVELOPMENT PERMIT APPLICATION FEES
3.9.1
An applicant seeking the approval of a Development Permit application shall pay the following
fee: $100.00 or shall pay the required fee as set out in a separate Development Fee Bylaw of the
Municipality.
3.9.2
There shall be no development permit application fee for accessory buildings under 9.3 m2 (100
ft2) to a residential use, sign permits, licenses for home occupations or other forms of business
licenses.
3.9.3
An applicant seeking a discretionary use approval shall pay the required fee: $200.00 or shall
pay the required fee as set out in a separate Development Fee Bylaw of the Town.
3.9.4
The Development Officer shall direct the applicant for a discretionary use, or carry out on behalf
of the applicant, the advertisement of the proposed use by posting a notice of the application at
the entrance to the property in question and by mailing a copy of the notice to the assessed
owner of each abutting property and each assessed owner of property within a 75.0 meter
radius of the proposed development.
3.9.5
The Development Officer shall publish a notice of the application in accordance with the
provisions of The Planning and Development Act, 2007, whereby the applicant shall pay to the
Municipality a fee equal to the costs associated with the public advertisement.
3.10 FEE FOR ZONING AMENDMENT APPLICATION
When an application is made to Council for an amendment to this Bylaw, the applicant making the
request shall bear the actual cost of advertising such zoning amendment as permitted by The Planning
and Development Act, 2007. Council also may require the applicant to pay all costs incurred in a
professional review of the application and in carrying out a public hearing.
3.11 CONCURRENT PROCESSING OF DEVELOPMENT PERMITS, BUILDING
PERMITS AND BUSINESS LICENSES
A Building Permit, where required, shall not be issued unless a Development Permit has been issued, or
is issued concurrently. Nothing in this Bylaw shall exempt any person from complying with a building
Bylaw, or any other Bylaw in force within The Municipality, or from obtaining any permission required
by this, or any other Bylaw of The Municipality, the Province or the Federal Government.
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3.12 REFERRAL UNDER THE PUBLIC HEALTH ACT
The Development Officer shall make available, in addition to plumbing permits and plan information, a
copy of all approved Development Permit applications involving installation of water and sanitary
services, should such information be requested by provincial officials under The Public Health Act and
Regulations. The developer shall, at their own expense, provide suitable water supply and sewage
disposal facilities for that development acceptable to Council that meets The Public Health Act and
Regulations requirements.
3.13 DEVELPOMENT APPEALS BOARD
3.13.1 Council shall utilize the Twin Rivers District Development Appeals Board consisting of one
member from each participating municipality, to hear and determine appeals in accordance
with Section 213 to 227 inclusive, of The Planning and Development Act 2007.
3.13.2 RIGHT OF APPEAL
a. Where an application for a permitted use has been denied, the applicant shall be advised of
the right of appeal to the District 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.
3.14 MINOR VARIANCES
3.14.1 The Development Officer may vary the requirements of this Bylaw subject to the following
requirements:
a. A minor variance may be granted for the following only:
i.
Minimum required distance of a building from a lot line; and
ii.
The minimum required distance of a building from any other building on the lot.
b. The maximum amount of a minor variance shall be 10% variation from the Requirements of
this Bylaw.
c. The development must conform to all other requirements of this Bylaw.
d. The relaxation of the Bylaw requirement must not injuriously affect a neighbouring
property.
e. No minor variance shall be granted for a discretionary use or form of development, or in
connection with an agreement to rezone pursuant to Section 60 of The Planning and
Development Act 2007.
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3.14.2 An application form for a minor variance shall be in a form prescribed by the Development
Officer and shall be accompanied by an application fee of $50.00.
3.14.3 Upon receipt of a minor variance application the Development Officer may:
a. Approve the minor variance;
b. Approve the minor variance and impose terms and conditions on the approval; or
c. Deny the minor variance.
3.14.4 Terms and conditions imposed by the Development Officer shall be consistent with the general
development standards in this Bylaw.
3.14.5 Where a minor variance is refused, the Development Officer shall notify the applicant in writing,
providing reasons for the refusal.
3.14.6 Where a minor variance is approved, with or without terms, the Development Officer shall
provide written notice to the applicant and to the assessed owners of the property having a
common boundary with the applicant's land that is the subject of the approval.
3.14.7 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.
3.14.8 A decision to approve a minor variance, with or without terms and conditions, does not take
effect until 23 days from the date the notice was provided.
3.14.9 If an assessed owner of a property having an adjoining property with the applicants land objects
to the minor variance in writing to the Development Officer within the prescribed 20 day time
period, the approval is deemed to be revoked and the Development officer shall notify the
applicant in writing:
a. Of the revocation of the approval; and
b. Of the applicant's right to appeal the revocation to the Development Appeals Board within
30 days of receiving the notice.
3.14.10 If an application for a minor variance is refused or approved with terms or conditions, the
applicant may appeal to the Development Appeals Board within 30 days of the date of that
decision.
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3.15 NON-CONFORMING BUILDING USES AND SITES
3.15.1 Any use of land or any building or structure lawfully existing at the time of passing this Bylaw
that is rendered non-conforming by the enactment of this Bylaw or any subsequent
amendments, may be continued, transferred, or sold in accordance with provisions of Section
88 to 93 inclusive, of The Planning and Development Act, 2007.
3.15.2 No enlargement, additions, or reconstruction of a non-conforming use, building or structure
shall be undertaken, except in conformance with these provisions
3.15.3 No existing use, building or structure shall be deemed to be nonconforming by reason only of
the conversion of this Bylaw from the Metric System of Measurement to the Imperial System of
Measurement where such non-conformity is resultant solely from such change and is reasonably
equivalent to the metric standard herein established.
3.15.4 No existing site shall be deemed to be non-conforming by reason only of its dimensions or area
failing to at least equal the standards prescribed for proposed sites in the Zoning District in
which the site is located.
3.16 DEVELOPMENT PERMIT - INVALID
A development permit shall be automatically invalid and development shall cease, as the case may be:
a. If the proposed development is not commenced within the period for which the Permit is valid;
b. If the proposed development is legally suspended, or discontinued, for a period of six or more
months, unless otherwise indicated by Council or the Development Officer;
c. When development is undertaken in contravention of this bylaw, the Development Permit and
specified development standards, and/or
d. When a written appeal notice is received by the Development Appeals Board secretary
regarding the Development Permit.
3.17 CANCELLATION
Council or the Development Officer may cancel a Development Permit, and when cancelled,
development shall cease:
a. Where the Development Officer or Council is satisfied that a development permit was issued
based on false or mistaken information;
b. Where new information is identified pertaining to environmental protection, flood potential, or
slope instability; and/or
c. When a developer requests a development permit modification.
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3.18 STOP-WORK
The Development Officer may authorize action to stop any development which does not conform to this
Bylaw, a development or servicing agreement, a Development Permit or condition, or a caveat under
this Bylaw.
3.19 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.
3.21 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.
3.22 PERFORMANCE BONDS
Council may require a developer, including host owners of property where a Garden (Granny) Suite
accessory dwelling is located, to post and maintain a performance bond to ensure developer
performance and to protect the public interest.
3.23 LIABILITY INSURANCE
Council may require developers to provide and maintain liability insurance to protect the Municipality,
developer and public.
3.24 REGISTERING IN INTERESTS
Council may require that development and servicing agreements and other documents may be
registered as an Interest on a Title on affected lands, in accordance with The Land Titles Act, to protect
Municipal and public interests.
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3.25 MOVING OF BUILDINGS
No building shall be moved within or into or out of the area covered by this Bylaw without obtaining a
Development Permit from the Development Officer, unless such building is exempt under Section 3.4 of
this Bylaw.
3.26 DEMOLITION OF BUILDINGS
No building shall be demolished without first obtaining a 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.
3.27 TEMPORARY DEVELOPMENT PERMITS
The Development Officer may issue a temporary Development Permit, with specified conditions for a
specified period of time, to accommodate developments incidental to approved construction,
temporary accommodation, oil and gas sector activities, temporary gravel operations or asphalt plants.
Nothing in this Bylaw shall prevent the use of land, or the erection or use of any building or structure for
a construction camp, work camp, tool shed, scaffold, or other building or structure incidental to and
necessary for construction work on the premises, but only for so long as such use, building, or structure
is necessary for such construction work as has not been finished or abandoned.
3.28 DEVELOPMENT AGREEMENTS
3.28.1 Council may request a developer to enter into a Development Agreement to ensure
development conformity with the Duck Lake Official Community Plan and the Twin Rivers
District Plan and this Bylaw, pursuant to Section 171 to 176 inclusive, The Planning and
Development Act, 2007.
3.28.2 A Development Agreement is mandatory for approval of a Garden (Granny) Suite, accessory
dwelling.
3.29 SERVICING AGREEMENTS
3.29.1 Where a development proposal involves subdivision, Council may require a developer to enter
into a servicing agreement to ensure appropriate servicing pursuant to The Planning and
Development Act, 2007. Council may direct the Administration to vary the agreement on a case-
by-case basis, or not require it.
3.29.2 In accordance with Sections 172 to 176 inclusive, The Planning and Development Act, 2007, the
agreement may provide for:
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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.
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4.
GENERAL REGULATIONS
The following regulations shall apply to all Zoning Districts in the Bylaw.
4.1
LICENSES, PERMITS, AND COMPLIANCE WITH OTHER BYLAWS AND
LEGISLATION
In their interpretation and application, the provisions of this Bylaw shall be held to be the minimum
requirements adopted for the promotion of the public health, safety, and general welfare. Nothing in
this Bylaw shall exempt any person from complying with the requirements of a building regulation Bylaw
or any other Bylaw in force within the Town of Duck Lake 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 Duck Lake 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
PRINCIPLE 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 3.0 meters of any other building on the site except to a building
accessory to such dwelling.
4.4
USES PERMITTED IN ALL ZONING DISTRICTS
4.4.1
Nothing in this Bylaw shall prevent the use of any land as a public street or public park.
4.4.2
Nothing in this Bylaw shall prevent the erection of any properly authorized traffic sign or signal,
or any sign of notice of any local or other government department or authority.
4.4.3
Nothing in this Bylaw shall prevent the use of any land for the erection of buildings or structures,
or the installation of other facilities, essential to the operation of public works 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.
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4.5
NUMBER OF PRINCIPLE BUILDINGS ON A SITE
4.5.1
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.
4.5.2
Multiple unit residential buildings (e.g. duplex, fourplex) are considered to be one principal
building under this Bylaw, and all other uses and buildings on the site must be accessory.
4.6
ACCESORY BUILDINGS, USES AND STRUCTURES
4.6.1
Subject to all other requirements of this Bylaw, an accessory building, use or structure is
permitted in any district when accessory to an established principal use which is permitted or
discretionary use in that same district, and for which a development permit has been issued.
4.6.2
No accessory building may be constructed, erected or moved on to any site prior to the time of
construction of the principal building to which it is accessory.
4.6.3
Where a building on a site is attached to a principal building by a solid roof or by structural
rafters, and where the solid roof or rafters extend at least one third of the length of the building
wall that is common with the principal building, the building is deemed to be part of the
principal building.
4.7
FRONT YARD REDUCTION
Notwithstanding the minimum depth of front yard required by this Bylaw, where a site is situated
between two sites each of which contains a principal building which projects beyond the standard
required front yard depth, the front yard required on said site may be reduced to an average of the two
established front yards on the adjacent sites; but not be less than 4.5 meters in a Residential district
unless otherwise permitted in this Bylaw.
4.8
FRONTAGE FOR IRREGULAR SITES
Where the site frontage is along a cul-de-sac, curve or is irregular, the minimum site frontage shall be
11.0 meters and the mean site width shall not be less than the minimum frontage for regular sites in the
same Zoning District.
4.9
PERMITTED YARD ENCROACHMENTS
4.9.1
Where minimum front, side or rear yards are required in any Zoning District, the following yard
encroachments shall be permitted.
a. Uncovered and open balconies, terraces, verandas, decks, and patios may have a maximum
projection from the main wall of 1.8 meters (6 feet) into any required front or rear yard.
b. Window sills, roof overhangs, eaves, gutters, bay windows, chimneys, and similar alterations
may project a distance of 0.6 meters (2 feet) into any required yard.
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4.10 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.
4.11 GRADING AND LEVELING OF SITES
4.11.1 Every development shall be graded and leveled at the owner's expense to provide for adequate
surface drainage that does not adversely affect adjacent property, or the stability of the land.
a. All excavations or filling shall be re-vegetated immediately after other construction
activities conclude, with a suitable ground cover as may be necessary to prevent
erosion.
b. All vegetation and debris in an area to be re-graded or filled must be removed from the
site prior to site grading and leveling.
c. All topsoil from an area that is to be re-graded must be stripped, stockpiled, and
replaced on the re-graded area, or re-located to a site approved by Council.
4.12 RESTRICTIONS ON CHANGES
4.12.1 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.
4.12.2 Notwithstanding the provisions of subsection 4.12.1, no person shall be deemed to have
contravened any provision of this Bylaw if only part or parts of any site or lot has, or have, been
conveyed to, or acquired by, the Municipality or the Province of Saskatchewan for a public work.
4.13 HEIGHT OF BUILDINGS
Where a maximum height of buildings is specified in any Zoning District, the maximum height shall be
measured from average grade level to the highest point on the building exclusive of any chimney or
antenna.
4.14 HERITAGE PROPERTIES
Provincial and Municipal heritage properties subject to preservation agreements are subject to
development review processes as defined by The Heritage Property Act. Provincial designations are
afforded special protection, and any alterations and development must be reviewed and approved by
the Heritage Programs of the Province of Saskatchewan.
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4.15 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.
4.16 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 a minimum
1.0 meter vegetative landscape 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 greenways,
trails, parks and landscaped areas, they shall be required to reflect the character and intent of
the Duck Lake Official Community Plan and the Twin Rivers District Plan.
4.17 PROHIBITED AND NOXIOUS USES
4.17.1 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.
4.17.2 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;
c. By reason of the emission of gas, fumes, smoke, dust or objectionable odour;
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;
and/or
e. By any combination of things in this subsection.
4.18 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
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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.
4.19 SATELLITE DISHES
4.19.1 Satellite dishes in excess of 1.0 meter (3.3 feet) in diameter shall not be located in any front
yard, side yard, or and shall not be permitted to be erected on the roof of any principal building
that is located within a Residential District that is less than three(3) stories in height.
4.19.2 Satellite dishes located in Residential Districts, which exceed 1.0 meter in diameter shall only be
erected on the roof of an accessory building if said accessory building is located entirely within a
rear yard; and
4.19.3 Satellite dishes may be erected in Commercial or Industrial Districts for communications
purposes or re-broadcasting of television signals and subsection 4.19.1 shall not apply.
4.20 COMMUNICATION TOWERS
The erection of Cellular telephone transmission towers shall not be permitted in, or closer than 100
meters of, any Residential District.
4.21 PRIVATE GARAGES, SUNROOMS, SOLARIUMS, AND GREENHOUSES
Private garages, carports, sunrooms, solariums, and greenhouses attached to main buildings by a
substantial roof structure shall be considered as part of the main building and shall be subject to the
regulations for the main building.
4.22 TRAILERS, BOX CARS, SEA AND RAIL CONTAINERS
No person shall park or store on any part of a site, any unlicensed rail or sea container, truck, bus or
coach body for the purpose of advertising or warehousing within any Zoning District.
4.23 SWIMMING POOLS
4.23.1 Notwithstanding anything contained in this Bylaw, a swimming pool is permitted as an accessory
use to permitted uses in any Residential District or a motel (motor hotel) in a Highway
Commercial District, to be located in the side yard or rear yard of any lot/site if:
a. No part of such pool is located closer to any lot or street line than the minimum distance
required for the principal building located on such lot; and
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b. The maximum height of such pool is 1.2 meters above the average finished grade level of
the ground adjoining the pool and to within 4.5 meters of such pool; and
c. Every swimming pool shall be enclosed by a non-climbable fence of at least 1.8 meters in
height and not more than 10 cm from the ground, and located at a distance of not less than
1.5 meters from the pool; and
d. Any deck attached to or abutting a swimming pool shall be considered as part of the
swimming pool.
4.23.2 Any building or structure, other than a dwelling, required for changing clothing or for pumping
or filtering facilities, or other similar accessory uses, complies with the provisions in the
applicable Zoning Districts in Section 5 of this Bylaw, respecting accessory buildings.
4.24 DISPOSAL OF WASTES
4.24.1 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.
4.24.2 No development or use of land which requires solid or liquid waste disposal facilities shall be
permitted unless those facilities are approved by Saskatchewan Health and the Saskatchewan
Watershed Authority. Disposal of liquid, solid, or gaseous waste shall be governed by Acts
administered by Saskatchewan Agriculture, Saskatchewan Environment, Saskatchewan Health
and the Saskatchewan Watershed Authority.
4.25 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 meters (984 feet) for liquid waste, and 457 meters
(1500 feet) for solid waste from any residence or recreational use;
d. The development of any new disposal sites shall take into consideration seasonal winds;
e. Adequate precautions shall be taken to prevent pollution of ground water by disposal
operations;
f. Solid waste disposal facilities shall be located in proximity to an all- weather road; and
g. Council may apply special standards for screening, fencing and reclamation of the site.
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5.
DISCRETIONARY USE STANDARDS FOR DEVELOPMENT
This Section addresses special provisions and specific development standards that apply to the following
developments. These standards apply in addition to any standards of the District. In approving any
discretionary use to minimize land use conflict, Council may prescribe specific development standards or
criteria related to:
Site drainage of storm water;
The location of buildings with respect to buildings on adjacent properties;
Access to, number and location of parking and loading facilities;
Appropriate space for vehicle movement in order to reduce disruption of traffic flows on
adjacent roadways;
Control of noise, glare, dust and odour; and
Landscaping, screening and fencing to buffer adjacent properties.
5.1
HOME OCCUPATIONS
Home Occupations (Home Based Businesses) are subject to the following conditions:
Home-based occupations and businesses will be accommodated provided that they are clearly
secondary to the principal residential use of the dwelling unit, compatible with the surrounding
residential area, and not of a size that provide services or products that would detrimentally
affect the viability of the neighborhood.
One home occupation shall be allowed per dwelling unit. Home occupations shall be conducted
entirely within the dwelling or accessory building.
One advertising display sign shall be allowed on the site or premise from which the home
occupation is conducted. No LED or neon signs shall be allowed.
There shall be no exterior display or storage of any merchandise or material relating to the
home occupation.
No equipment or process used in the home occupation shall create dust, noise, vibration, glare,
fumes, odour or air pollution that is detectable at or beyond the property lines of the lot where
the home occupation or business is located.
Up to two (2) persons other than a resident of the dwelling unit may be engaged in any home
occupation as an employee or a volunteer.
Parking: The home occupation shall not cause or add to on-street parking congestion or cause
an increase in traffic through residential zones.
o No more than one business vehicle, for which off-street parking is provided, shall be
operated in connection with the home occupation.
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o Parking of vehicles of employees hired for off-site jobs shall not be allowed at or in the
vicinity of the dwelling unit.
All Business Permits issued for home occupations shall expire on December 31 of the year
issued. Home occupations are subject to the condition that the permit may be revoked at any
time if, in the opinion of Council, the use is or has become detrimental to the amenities of
adjoining properties and the neighborhood.
5.2
SECONDARY SUITES
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.
Secondary suites must be located within the principal dwelling and must have a separate
entrance from the principal dwelling either from a common indoor landing or directly from the
exterior of the building. Secondary suites must contain cooking, eating, living, sleeping, and
sanitary facilities.
Secondary suites may not exceed 60 m² (645 ft2) or 35% of the total floor space, including
basements, and may not have more than two bedrooms
5.3
MODULAR HOMES
All modular homes shall be place on a permanent concrete foundation at a standard
comparable to a single detached dwelling.
o All modular homes shall be multi-modular, with the width approximately equivalent to the
length;
o All modular homes shall have architectural features similar or complementary to adjacent
and nearby dwellings;
Modular homes shall be permanently connected to water and sewer services provided by the
Municipality and permanently connected as available to other public utilities.
All other requirements of this Bylaw apply.
5.4
BED AND BREAKFAST HOMES
Bed and breakfast homes shall be located in a single detached dwelling used as the operator's
principal residence.
No more than three (3) guest rooms shall be allowed in a bed and breakfast home.
Only one sign, not exceeding 1.0 m² (10.76 ft²) advertising the vacation farm or bed and
breakfast home and located on site, is permitted.
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The only meal to be provided to registered guests shall be breakfast. No food preparation or
cooking for guests shall be conducted within any bedroom made available for rent. All facilities
shall meet public health regulations and be kept in a manner satisfactory to the District Health
Region.
The operation of the bed and breakfast home shall be subordinate and incidental to the
principal use of a single detached dwelling as an owner occupied residence. No one other than
the occupant and his/her immediate family members may be involved or employed in the
operation of the bed and breakfast home.
5.5
DAY CARE CENTRES AND PRE-SCHOOLS
Day-care Centres and Pre-schools are subject to the following conditions:
Day care centres and pre-schools may be approved as an accessory use or as a principal use.
In 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.
Day care centres or pre-schools 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.
Required parking spaces may be located in a required front yard.
5.6
RESIDENTIAL CARE HOMES
Residential Care Homes are subject to the following conditions:
Residential care homes may be approved as an accessory use or as a principal use.
In any Residential District, no exterior alterations shall be undertaken to a dwelling or former
dwelling which would be inconsistent with the residential character of the building or property.
Required parking spaces may be located in a required front yard.
No building or structure used for the purpose of a residential care home shall be used for the
purpose of keeping boarders or lodgers.
5.7
GARDEN (GRANNY) SUITES
A single Garden Suite may be placed in the back yard of a single-detached residential development
under the following conditions:
There is no secondary suite in the primary residence.
The Garden Suite dwelling unit is a temporary use and shall be permitted for a five-year term,
which may be renewed at Council's discretion. The landowner shall enter into an agreement
that the land shall not be considered for subdivision.
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The owner(s) of the host residence must live on the site, and at least one resident of the primary
dwelling and one resident of the Garden Suite shall be related by blood, marriage, or legal
adoption.
Except for infant children (up to two years of age) of a resident of the Garden Suite dwelling,
there shall be no more than two residents.
The occupant(s) of the Garden Suite should be able to benefit from the informal care and
support of relatives in the primary residence, or provide care and support to family in the
primary residence.
The floor area of the Garden Suite dwelling shall not be less than 35 m² and not greater than 90
m². The Garden Suite shall not be located on a permanent foundation to allow the structure to
be removed from the property when it is no longer required by a relative of the permanent
resident.
The maximum height of the Garden Suite shall not exceed 5.0 meters (16.4 feet) from grade
level and shall have only one story.
Garden Suite dwellings shall only be located on sites where the dwelling can be serviced by
existing utilities and can be hooked up to the services of the host residence.
Residents of the Garden Suite must have access to the rear yard amenities.
The combined site coverage of the single detached dwelling and Garden Suite dwelling shall not
exceed the maximum coverage permitted by this Zoning Bylaw, and the accessory dwelling shall
be placed so that all other setback requirement of the Zoning Bylaw are met;
A parking space shall be provided on site for the resident(s) of the Garden Suite dwelling.
There shall be direct and separate access to the Garden Suite dwelling by on-site driveway, or by
public roadway or alley.
5.8
CAMPGROUNDS
Campgrounds are subject to the following conditions:
The operator of a campground shall provide the Development Officer with a plan of the
campground, identifying any buildings, uses of land and the location of all roadways and trailer
coach or tent campsites with dimensions. The addition or rearrangement of campsites, the
construction or moving of buildings, and material change in use of portions of land, or the filling
or clearing of land shall require a Development Permit, and the operator shall submit for
approval an amended plan incorporating the development.
A campground shall have within its boundaries, a buffer area abutting the boundary of not less
than 4.5 meters which shall contain no buildings.
The operator of a campground shall designate a campsite for each trailer coach or tent party,
which shall be less than 150 m² in area with its corners clearly marked.
One permanent sign located on site advertising the campground is permitted per site;
Page 41
o The facial area of a sign shall not exceed 0.5 m² ;
o No sign shall be located in any manner that may obstruct or jeopardize the safety of the
public;
o Temporary signs not exceeding 1.0 m² (10.7 ft2) advertising the sale or lease of the property
or other information relating to a temporary condition affecting the property are permitted.
No portion of any campsite shall be located within a roadway or required buffer area.
Each campsite shall have direct and convenient access to a developed roadway, which is not
located in any required buffer area. The space provided for roadways within a campground shall
be at least 7.5 meters (24.6 feet) in width. No portion of any campsite, other use or structure
shall be located in any roadway.
Each trailer coach shall be located at least 3.0 meters from any other trailer coach, and each
campsite shall have dimensions sufficient to allow such location of trailer coaches.
A campground may include as ancillary uses a laundromat or a confectionery designed to meet
the needs of the occupants of the campsites, and one single detached dwelling for the
accommodation of the operator.
The Public Health Act shall be complied with in respect to all operations and development of the
campground.
5.9
WIND ENERGY FACILITES
Wind energy facilities are subject to the following conditions:
All buildings and structures shall be set back at least 90.0 meters from an intersection of any
Municipal road allowance, or Provincial highway or such greater distance as required by the
Department of Highways.
The setback related to Municipal road allowances and the wind energy generator (turbine) shall
be no less than the length of the blade plus 10.0 meters (33 feet).
The minimum site size for the allowance of any Wind Energy Facility shall be 2.0 hectares.
The setback from the property line of a non-participating landowner to a wind energy generator
(turbine) shall be no less than the length of the blade plus 10.0 meters, or a minimum of 38.0
meters, unless otherwise agreed to by the landowner, developer and the Municipality.
The separation distance from a wind energy generator (turbine) to a Residential Acreage or
Residential subdivision shall be a minimum distance of 550 meters (1800 feet).
The maximum total tower height shall be:
o 6.0 meters above grade level in a Residential Acreage or Industrial Zoning District and the
maximum noise standard shall not exceed 40 decibels.
o 45.0 meters above grade level in the Community Service or Future Urban Developmental
Zoning District.
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Approaches for access roads to the wind energy facilities must be perpendicular to established
road allowances.
All infrastructure, roads and accesses required to facilitate the implementation of the wind
energy facilities shall be proposed by the developer as part of the Development Permit
application.
Any proposed development within a municipal road allowance, i.e. underground lines or
overhead poles/lines, must be proposed by the developer as part of the Development Permit
application and adhere to the Rural Municipality road crossing policy.
The developer is required to enter into a road use agreement with the Municipality for the
construction period to ensure roads are maintained in condition agreeable by both parties.
The wind energy generator (turbine) shall have no restrictions on colour or height.
Substations are required to be fenced. All wind energy facilities shall be enclosed within a locked
protective chain link fence of a minimum height of 1.85 meters (6 feet) and the design shall be
included in the Development Permit application.
Development and Building Permit applications for a Wind Energy Facilities shall include either a
manufacturer's engineering certificate of structural safety or certification of structural safety via
a Saskatchewan Professional Engineer.
Sites having potentially dangerous or hazardous developments shall have visible signs stating
any potential dangers. No hazardous waste shall be stored on the site
Council, at its discretion, may seek approval of this development from both internal and external
referral agencies.
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6
ZONING DISTRICTS AND ZONING MAPS
6.1
ZONING DISTRICTS
For the purpose of this Bylaw, the Town of Duck Lake is divided into several Zoning Districts that may be
referred to by the appropriate symbols. The uses or forms of development allowed within a Zoning
District, along with regulations or standards which apply, are provided in the District schedules in this
Section.
R1
Residential
C2
Highway Commercial/Industrial
R2
Multiple Dwelling Residential
IND
General Industrial District
RMH Residential Mobile Home
CS
Community Service
RA
Residential Acreage
FUD
Future Urban Development
C1
Centre Commercial
6.2
THE ZONING DISTRICT MAP
The map, bearing the statement "This is the Zoning District Map referred to in Bylaw No. 2013-07
adopted by the Town of Duck Lake, signed by the Mayor and by the Town Administrator under the seal
of the Town, shall be known as the "Zoning District Map", and such map is hereby declared to be an
integral part of this Bylaw.
6.3
BOUNDARIES OF ZONING DISTRICTS
6.3.1
The boundaries of the Districts referred to in this Bylaw, together with an explanatory legend,
notations and reference to this Bylaw, are shown on the map entitled, "Zoning District Map."
6.3.2
Unless otherwise shown, the boundaries of zoning Districts are site lines, centre lines of streets,
lanes, road allowances, or such lines extended and the boundaries of the Municipality.
6.3.3
Where a boundary of a District crosses a parcel, the boundaries of the Districts shall be
determined by the use of the scale shown on the map.
6.3.4
Where the boundary of a District is also a parcel boundary and the parcel boundary moves by
the process of subdivision, the District boundary shall move with that parcel boundary, unless
the boundary is otherwise located by amendment to the Bylaw.
6.4
HOLDING DESIGNATION
6.4.1
Where on the Zoning District Map the symbol for a zoning district has suffixed to it the holding
symbol "H"; any lands so designated on the map shall be subject to a holding provision in
accordance with Section 71 of The Planning and Development Act, 2007.
6.4.2
Any lands subject to a holding provision shall only be used for the following uses:
a. Those uses existing on the land when the "H" is applied; and
b. Public works.
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7
RESIDENTIAL DISTRICT -R1
The purpose of the Residential District 1 (R1) is to accommodate primarily single family
detached residential dwellings as well as multi-unit dwellings.
No person shall within any R1-Residential District use any land or erect, alter or use any building or
structure, except in accordance with the following provisions:
7.1
PERMITTED USES
a. One single-detached dwelling, which includes a RTM;
b. Uses, buildings and structures accessory to the foregoing permitted uses and located on the
same site with the main use;
c. Playgrounds and swimming pools;
d. Public works, buildings and structures excluding offices, warehouses, storage yards and waste
management or sewage facilities.
7.2
DISCRETIONARY USES
The following uses may be permitted in the R1-Residential District only by resolution of Council and
only in locations specified by Council. Discretionary use requirements are provided in Section
a. Home Occupations (Home-based Businesses)
b. Semi-detached, duplex dwelling, Fourplex, or townhouses and other multi-unit dwellings
c. Modular homes;
d. Secondary Suites;
e. Child and adult daycare;
f. Bed and Breakfast homes;
g. Residential Care Homes.
7.3
SITE DEVELOPMENT REGULATIONS
Single Detached, RTM and Modular Homes
Minimum site area
465 m2 (5005 ft2) with a lane, otherwise 604 m2 (6500 ft2)
Minimum floor area
75 m2 (808 ft2)
Minimum site frontage
15 meters (49.2 feet) with a lane, otherwise 20 meters (65.6 feet)
Height
9.0 meters (29.5 feet) for Principal Buildings and 4.0 meters (13 feet) for
accessory
Maximum site coverage
40% and 50% on a corner site
Minimum parking spaces
2
Minimum front yard
6.0 meters (20 feet)
Minimum rear yard
7.5 meters (25 feet)
R1
Page 45
Minimum side yard
1.5 meters (5 feet)
7.4
ACCESSORY BUILDINGS AND STRUCTURES
Minimum yard setbacks
A minimum 6.0 meters (20 feet) from the front site line, 1.2 meters (4 feet)
from the principal building, and 0.8 meters from the side site line unless the
side site line is an abutting street then the side yard shall be 3.6 meters
(11.8 feet).
Maximum floor area and
height
All accessory buildings shall not exceed 83.6 m² (900 ft²) in area and shall
not exceed 4.0 meters (13 feet) in height from grade level to the underside
of the eaves.
Minimum rear yard
All accessory buildings shall be located a minimum of 0.8 meters (2.6
feet)from the rear site line except where an accessory building has a door or
doors opening onto a lane then it shall not be located less than 2.0 meters
(6.5 feet) from the site line abutting the lane.
a.
Garages, carports, and accessory buildings attached to a principal building by a substantial roof
structure shall be considered as part of the principal building and subject to the regulations of
the principal building and shall not exceed the square footage of the main floor of the principal
dwelling in size.
b. A carport, consisting of a roof and supporting columns or structures which are not permanent
walls, is permitted to encroach into any required side yard as long as the supporting structures
are set back a minimum of 0.3 meters (1 foot) from the side lot line and the roof does not
project past the side lot line.
c. A detached private garage is permitted in any side yard or rear yard, provided there is sufficient
available space to comply with all other requirements in this Section.
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 (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.
f. Temporary, fabric covered structures consisting of wood, metal or plastic framing covered on
the roof and one or more sides with fabric, plastic, vinyl or other sheet material shall be
permitted only in a rear yard with a setback of 2.0 meters (6.5 feet) from the rear of the
building.
7.5
FENCE AND HEDGE HEIGHTS
Subject to traffic sight lines, the following height limitations shall apply to fences, walls, chain-link fences
and hedges:
a. No hedge, fence or other structure shall be erected past any property line.
b. In a required front yard, to a height no greater than 1.0 meter (3.3 feet) above grade level.
Page 46
c. In a required rear yard, to a height no greater than 2.0 meters (6.5 feet) above grade level.
d. Except permitted accessory buildings, no fence or other structure, shall be erected to a height of
more than 2.0 meters 6.5 feet).
7.6
SIGNAGE
a. One permanent sign is permitted per site. The facial area of a sign shall not exceed 0.5 m² (5.3
ft2).
b. In the case of a home occupation, an additional permanent sign is permitted in a window of a
dwelling;
c. No sign shall be located in any manner that may obstruct or jeopardize the safety of the public
d. Temporary signs not exceeding 1.0 m² (10.7 ft2) advertising the sale or lease of the property or
other information relating to a temporary condition affecting the property are permitted.
7.7
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 condition, equipment and machinery normally
used for the maintenance of the residential property, vehicles or vehicular parts.
e. Provision shall be made for the owner of the property to temporarily display a maximum of
either one (1) vehicle or recreational vehicle in operating condition that is for sale at any given
point in time.
Page 47
8
RESIDENTIAL MULTIPLE DWELLING DISTRICT - R2
The purpose of the Residential Multiple Dwelling District 2 (R2) is to accommodate
a variety of high density residential development including single-detached residences, semi-detached
residences, townhouses and multi-unit dwellings.
No person shall within any R2 - Residential Multiple Dwelling District use any land, or erect, alter or
use any building or structure except in accordance with the following provisions:
8.1
PERMITTED USES
a. One single-detached dwelling, including a RTM;
b. Semi-detached, duplex dwelling, Fourplex, or townhouses and other multiple unit dwellings;
c. Uses, buildings and structures accessory to the foregoing permitted uses and located on the
same site with the main use;
d. Playgrounds and swimming pools;
e. Public works, buildings and structures, excluding offices, shops, warehouses, storage yards and
waste management or sewage facilities.
8.2
DISCRETIONARY USES
The following uses may be permitted in the R2 - Residential Multiple Dwelling District but only by
resolution of Council and only in locations specified in such resolution of Council. Discretionary use
requirements can be found in Section 5.
a. Modular homes;
b. One Secondary suites (in single-detached dwellings);
c. One Garden Suite (on single residential sites);
d. Apartment Buildings;
e. Home Occupations (Home-based Businesses);
f. Child and adult daycare;
g. Bed and Breakfast homes;
h. Residential care home;
8.3
SITE DEVELOPMENT REGULATIONS
Single-detached, RTM and Modular Homes
Minimum site area
465 m2 (5005 ft2)
Minimum floor area
75 m² (807 ft2)
Minimum site frontage
15 meters (49.2 feet)
Height
9.0 meters (29.5 feet) for Principal Buildings
Maximum site coverage
40% and 50% on a corner site
Minimum parking spaces
2
R2
Page 48
Minimum front yard
7.5 meters (25 feet)
Minimum rear yard
9 meters (29.5 feet) unless on a corner lot where the minimum is 3.6
meters (12 feet)
Minimum side yard
1.2 meters (4 feet) unless on a corner site, the side yard shall be 2.5 meters
(8.2 feet)
Semi-detached and duplex (per dwelling unit)
Minimum site area
279 m2 (3000 ft2) with lane, otherwise 325 m2 (3500 ft2)
Minimum floor area
60 m2 (645 ft2)
Minimum site frontage
6.0 meters (20 feet)
Height
9.0 meters for Principal Buildings
Maximum site coverage
40% and 50% on a corner site
Minimum parking spaces
2
Minimum front yard
6.0 meters (20 feet)
Minimum rear yard
7.5 meters (25 feet)
Minimum side yard
1.5 meters (5 feet)
Townhouses
Other Multiple Unit Dwellings
Minimum site area
185 m2 (1990 ft2) per dwelling unit.
600 m2 (6458 ft2) plus 40 m2 (430 ft2)
for each dwelling unit in excess of
hour on the ground floor.
Minimum floor area
35 m2 bachelor, 50 m2 1 bedroom, 70 m2 2 bedroom.
Minimum site frontage
6.0 meters (20 feet) per dwelling
unit
30 meters (98 feet)
Height
15 meters (49 feet)
15 meters
Maximum site coverage
40%
50%
Minimum parking spaces
1.5 per dwelling unit
1.5 per dwelling unit
Minimum front yard
9 meters (29 feet)
7.5 meters (25 feet)
Minimum rear yard
7.5 meters
7.5 meters
Minimum side yard
2 meters (6.5 feet) on each side of
building
3 meters (10 feet) or one half the
height of the side wall of the building,
whichever is greater
Page 49
Apartment Buildings
Minimum site area
930 m²
Minimum floor area
46.5 m² per dwelling unit
Minimum site frontage
25.0 meters
Maximum site coverage
50% interior site, 60% corner site
Minimum parking spaces 1.5 spaces/ dwelling unit
Minimum front yard
6.0 meters
Minimum rear yard
7.5 meters
Minimum side yard
3.5 meters or 50% of the average wall height whichever is greater
8.4
ACCESSORY BUILDINGS AND STRUCTURES
Minimum Yard setbacks
A minimum of 6.0 meters from the front site line, 1.2 meters from the
principal building, and 0.8 meters from the side site line unless the side site
line is an abutting street then the side yard shall be 3.6 meters.
Maximum floor area
and height
All accessory buildings shall not exceed 83.6 m² (900 ft²) in area and shall
not exceed 4.0 meters in height from grade level to the underside of the
eaves.
Minimum rear yard
All accessory buildings shall be located a minimum of 0.8 meters from the
rear site line except where an accessory building has a door or doors
opening onto a lane then it shall not be located less than 2.0 meters from
the site line abutting the lane.
a. Garages, carports, and accessory buildings attached to a principal building by a substantial roof
structure shall be considered as part of the principal building and subject to the regulations of
the principal building and shall not exceed the square footage of the main floor of the principal
dwelling in size.
b. A carport, consisting of a roof and supporting columns or structures which are not permanent
walls, is permitted to encroach into any required side yard as long as the supporting structures
are set back a minimum of 0.3 meters from the side lot line and the roof does not project past
the side lot line.
c. One detached private garage is permitted in any side yard or rear yard, provided there is
sufficient available space to comply with all other requirements in this Section.
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.
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.
Page 50
f. Temporary, fabric covered structures consisting of wood, metal or plastic framing covered on
the roof and one or more sides with fabric, plastic, vinyl or other sheet material shall be
permitted only in a rear yard with a setback of 2.0 meters (6.5 feet) from the rear of the
building.
8.5
FENCE AND HEDGE HEIGHT
Subject to traffic sight lines, the following height limitations shall apply to fences, walls, chain-link fences
and hedges
a. No hedge, fence or other structure shall be erected past any property line.
b. In a required front yard, to a height no greater than 1.0 meter (3.3 feet) above grade level.
c. In a required rear yard, to a height no greater than 2.0 meters (6.5 feet) above grade level.
d. Except permitted accessory buildings, no fence or other structure, shall be erected to a height of
more than 2.0 meters (6.5 feet).
8.6
SIGNAGE
a. One permanent sign is permitted per site. The facial area of a sign shall not exceed 1.0 m² (10.7
ft2);
b. In the case of a home occupation, an additional permanent sign is permitted in a window of a
dwelling;
c. No sign shall be located in any manner that may obstruct or jeopardize the safety of the public;
d. Temporary signs not exceeding 1.0 m² (10.7 ft2) advertising the sale or lease of the property or
other information relating to a temporary condition affecting the property are permitted.
8.7
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 condition, equipment and machinery normally
used for the maintenance of the residential property, vehicles or vehicular parts.
e. Provision shall be made for the owner of the property to temporarily display a maximum of
either one (1) vehicle or recreational vehicle in operating condition that is for sale at any given
point in time.
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9
RESIDENTIAL MOBILE HOME DISTRICT - RMH
The purpose of the Residential Mobile Home District shall be to accommodate mobile
home park development in a concentrated manner.
No person shall within any RMH - Residential Mobile Home District use any land, or erect, alter or use
any building or structure except in accordance with the following provisions:
9.1
PERMITTED USES
a. Mobile Home Parks
b. One mobile home not older than 15 years, following the placement thereof on a permanent
foundation;
c. Uses, buildings and structures accessory to the foregoing permitted uses and located on the
same site with the main use;
d. Playgrounds and swimming pools;
e. Public works, buildings and structures excluding offices, warehouses, storage yards and waste
management or sewage facilities.
9.2
DISCRETIONARY USES
The following uses may be permitted in the RMH - Residential Mobile Home District but only by
resolution of Council and only in locations specified in such resolution of Council. Discretionary Use
Requirements are provided in Section 5.
a. Home Occupations
9.3
SITE DEVELOPMENT REGULATIONS
Mobile Home Parks
Minimum site area
2 hectares (4.9 acres)
Minimum site frontage
15 meters (49 feet)
Maximum site coverage
40% including
Minimum front yard
7.5 meters (25 feet)
Minimum rear yard
7.5 meters
Minimum side yard
7.5 meters
Mobile Home Sites
Minimum site area
465 m2 (5005 ft2)
Minimum floor area
75 m2 (807 ft2)
Minimum site frontage
12 meters (39 feet)
Maximum site coverage
40%
RMH
Page 52
Minimum parking spaces
2
Minimum front yard
4.5 meters (15 feet)
Minimum rear yard
4.5 meters
Minimum side yard
3.0 meters (10 feet)
Height
6.0 meters (20 feet)
Other Permitted Uses
Minimum site area
465 m2 (5005 ft2)
Minimum floor area
60 m2 (645 ft2)
Minimum site frontage
15 meters (49 feet)
Maximum site coverage
40%
Minimum parking spaces
2
Minimum front yard
4.5 meters (15 feet)
Minimum rear yard
4.5 meters
Minimum side yard
3.0 meters (10 feet)
Height
9.0 meters (29.5 feet) for principle buildings, 5 meters (16.4 feet) for
accessory buildings.
9.4
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
Duck Lake.
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 skirting must be installed within
sixty (60) days of arrival 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 utilities.
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9.5
ACCESSORY USES, BUILDINGS AND STRUCTURES
Minimum Yard setbacks Accessory buildings shall comply with the yard requirements for a principal
building. Any building located less than 1.0 meter (3.3 feet) from a principal
building shall comply with all the minimum yard requirements of the
principal building. An accessory building shall not be located in a required
front yard.
Maximum floor area
and height
All accessory buildings shall not exceed 83.6 m² (900 ft²) in area and shall
not exceed 4.0 meters (13 feet) in height from grade level to the underside
of the eaves.
Minimum rear yard
All accessory buildings shall be located a minimum of 0.8 meters (2.6 feet)
from the rear site line except where an accessory building has a door or
doors opening onto a lane then it shall not be located less than 2.0 meters
(6.5 feet) from the site line abutting the lane.
a. Private garages and accessory buildings if less than 10m² (107 ft2), shall have a minimum side or
rear yard of 0.75 meters (2.5 feet) and a maximum projection of 0.5 meters (1.6 feet) into the
required yard for any eaves, gutters, or drain spouts.
b. Uncovered outdoor swimming pools and other yard recreation equipment shall have a minimum
side or rear yard of 0.75 m (2.5 feet). In rear yards, laundry drying equipment and garbage
stands are permitted.
c. Garages, carports, and accessory buildings attached to a principal building by a substantial roof
structure shall be considered as part of the principal building and subject to the regulations of
the principal building and shall not exceed the square footage of the main floor of the principal
dwelling in size.
d. 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 only in a rear yard with a setback of 2.0 meters (6.5 feet) from the rear of the
building.
9.6
FENCE AND HEDGE HEIGHTS
Subject to traffic sight lines, the following height limitations shall apply to fences, walls, chain-link fence
and hedges.
a. No hedge, fence or other structure shall be erected past any property line.
b. In a required front yard, to a height no greater than 1.0 meter (3.3 feet) above grade level.
c. In a required rear yard, to a height no greater than 2.0 meters (6.5 feet) above grade level.
d. Except permitted accessory buildings, no fence or other structure, shall be erected to a height of
more than 2.0 meters (6.5 feet).
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9.7
SIGNAGE
a. One permanent sign is permitted per site. The facial area of a sign shall not exceed 0.5 m² (5.3
ft2);
b. In the case of a home occupation, an additional permanent sign is permitted in a window of a
dwelling;
c. No sign shall be located in any manner that may obstruct or jeopardize the safety of the public;
d. Temporary signs not exceeding 1.0 m² (10.7 ft2) advertising the sale or lease of the property or
other information relating to a temporary condition affecting the property are permitted.
9.8
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 condition, equipment and machinery normally
used for the maintenance of the residential property, vehicles or vehicular parts.
e. Provision shall be made for the owner of the property to temporarily display a maximum of
either one (1) vehicle or recreational vehicle in operating condition that is for sale at any given
point in time.
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10
RESIDENTIAL ACREAGE DISTRICT - RA
The purpose of the Live/Work Residential Acreage District (RA) is to accommodate
clustered acreage residential development and subdivision proposals on a multi-site basis within the
Town.
No person shall within any RA- Live/Work Residential Acreage District, use any land or erect, alter, or
use any building or structure except in accordance with the following provisions.
10.1 PERMITTED USES
a. One single detached dwelling and uses, buildings, and structures accessory thereto.
b. Uses, buildings and structures accessory to the foregoing permitted uses and located on the
same site with the main use.
c. Public works, buildings, and structures, warehouses and storage yards.
10.2 DISCRETIONARY USES
The following uses may be permitted in the RA-Live/Work Residential Acreage District only by
resolution of Council and only in locations specified by Council. Discretionary Use Requirements are
provided in Section 5.
a. Child and adult care homes;
b. Residential care homes;
c. One Garden (Granny) Suite;
d. Large accessory buildings up to 150m²
e. Bed and Breakfast homes;
f. Public sports fields and parks;
g. Wind Energy Facilities;
h. Home occupations (Home Based Businesses).
i.
Public Works waste management or sewage facilities.
10.3 SITE DEVELOPMENT REGULATIONS
Minimum site area
0.4 hectares (1 acre)
Minimum site frontage
65 meters (213 feet)
Minimum front yard
10 meters (32.8 feet)
Minimum rear yard
10 meters or 25% of the depth of the site whichever is the lesser
Minimum side yard
3.0 meters (10 feet)
Residential parcels may be exempted from these requirements:
a. In the case of a parcel physically severed as a result of road right-of-way or railway plans,
drainage ditch, pipeline or transmission line, development, or natural features such as
RA
Page 56
watercourses, water bodies there shall be no maximum site area. Existing residential parcels
may be enlarged to include adjoining land physically severed as a result of the above noted
barriers;
b. In the case of a parcel that existed prior to the adoption of this Bylaw there shall be no minimum
or maximum site area.
10.4 ACCESSORY BUILDINGS
a. No accessory building shall be located within 3.0 meters (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 7.6 meters (25 feet).
b. The Building Floor Area for large accessory buildings on residential acreage sites may not exceed
150m² (1615 ft2).
10.5 SUPPLEMENTARY REGULATIONS
a. Where a residential development is proposed at a location at which a standard connection to
the Town's existing sewer and water system is not feasible, the 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.
b. Domestic waste disposal systems located on the site and serving only the principal use will be a
permitted use to that principal use.
c. No outside storage shall be permitted in a yard abutting a road. Outside storage located in a side
or rear yard shall be screened by landscaping or vegetation so as not to be visible from the road.
10.6 TEMPORARY USES
a. Notwithstanding the provisions of this bylaw and the District Official Community Plan, a mobile
home or trailer coach may be permitted for a period of up to one (1) year on an existing non-
farm or farmstead residential site within this zoning district, subject to a resolution of Council,
provided that the following criteria is met.
b. Adherence to any permit or building bylaw or licensing requirement in effect in the Municipality:
i.
Issuance of a Development Permit to the landowner, where the said trailer is located, to
be issued on an annual basis.
ii.
The entering into of a development agreement between all affected parties, where
considered necessary, to assure applicable development standards are adhered to.
iii.
Compliance with any requirement of the Ministry of Health or government agencies
respecting water and waste connections, and disposal concerns.
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10.7 SIGNAGE
a. One permanent sign is permitted per site. The facial area of a sign shall not exceed 1.0 m²
b. In the case of a home occupation, an additional permanent sign is permitted on a door or wall
surface or in a window.
c. No sign shall be located in any manner that may obstruct or jeopardize the safety of the public.
d. Temporary signs not exceeding 1.0 m² 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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11
TOWN CENTRE COMMERCIAL DISTRICT - C1
The purpose of the Town Centre Commercial District (C1) is to continue to encourage a
"downtown" experience by providing pedestrian oriented commercial activities and services.
No person shall within any C1-Town Centre Commercial District, use any land, or erect, alter or use
any building or structure except in accordance with the following provisions.
11.1 PERMITTED USES
a. Banks, credit unions, and other financial institutions;
b. Administrative offices;
c. Barbers, hairdressers, and other similar personal services establishments;
d. Medical, dental, and other health care offices and clinics or health services;
e. Restaurants, cafes, coffee shops, and other similar fast food services; Confectionaries and
delicatessens;
f. Storefront retail stores and outlets;
g. Police, Ambulance stations
h. Storefront bakeries, butcher shops, and similar food processing with on-site retail sales;
i.
Theatres, assembly halls, places of worship, service clubs;
j.
Commercial and public recreational establishments such as bowling alleys, arcades and fitness
centres;
k. Licensed premises for the sale and consumption of alcoholic beverages;
l.
Libraries, galleries, museums, and other similar cultural institutions;
m. Public Transportation depots;
n. Outdoor markets and concessions (permanent, seasonal, or occasional);
o. Small-scale repair trades such as tailors, jewelers, art and hand craft shops and studios,
craftspeople and similar trades, including retail sales of art and craft products;
p. Storefront Construction trades without yards;
q. Buildings, structures or uses accessory to and located on the same site as the principal building
or permitted use.
r. Public works buildings, offices and structures excluding warehouses, storage yards, and waste
management or sewage facilities
11.2 DISCRETIONARY USES
The following may be permitted in the C1-Town Centre Commercial District but only by resolution of
Council and only in locations specified by such resolution of Council. Discretionary use requirements
can be found in Section 5.
a. Dwellings attached to and behind, or above, commercial establishments;
b. Lumber and building supply establishments;
c. Animal hospitals, or clinics and offices of veterinary surgeons;
d. Shops of plumbers, pipe fitters, metal workers and other industrial trades manufacturing and
sales.
e. Newspaper offices and printing plants and services;
f. Funeral Homes;
g. Other innovative commercial uses consistent with street level retail and services.
C1
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11.3 SITE DEVELOPMENT REGULATIONS
Permitted Uses
Minimum site area
275 m2 (2960 ft2) other uses
Minimum site frontage
7.5 meters (25 feet)
Minimum site coverage
75%
Minimum front yard
No requirement
Minimum side yard
No requirement except when the side site line directly abuts any Residential
or Community Service District or abuts a public street, then the minimum
side yard shall be 1.5 meters (5 feet).
Minimum rear yard
No requirement except when the side site line directly abuts any Residential
or Community Service District or abuts a public street, then the minimum
side yard shall be 6.0 meters (20 feet).
Height
12 meters (39 feet)
Motels
Minimum site area
930 m2 (10010 ft2)
Minimum site frontage
30 meters (98 feet)
Minimum site coverage
75%
Minimum front yard
7.5 meters (25 feet)
Minimum side yard
No requirement except when the side site line directly abuts any Residential
or Community Service District or abuts a public street, then the minimum
side yard shall be 1.5 meters (5 feet).
Minimum rear yard
No requirement except when the side site line directly abuts any Residential
or Community Service District or abuts a public street, then the minimum
side yard shall be 6.0 meters (20 feet).
Height
12 meters (39 feet)
11.4 ACCESSORY BUILDINGS
Setbacks for accessory buildings shall meet the same requirements as the principal use or building.
11.5 SIGNAGE
Signs and billboards shall be prohibited in the C1 - Town Centre Commercial 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;
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b. The facial area of a sign shall not exceed 4.0 m² (43 ft2);
c. Temporary signs not exceeding 1.0 m² (10.7ft2) 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.
11.6 PARKING
Off-street parking requirements shall be provided in accordance with the following:
Commercial Use
No requirement
Boarding House
1 parking space per room available for occupation
All other uses
No requirement
11.7 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 1.5 meters (5 feet) in width throughout which shall not
be used for any purpose except landscaping.
11.8 SUPPLEMENTARY REGULATIONS
Dwelling Units
a. Dwelling Units are permitted as long as the principle use is undergoing;
b. Dwelling units shall have a floor area smaller than or equal to the floor area in commercial use;
c. Minimum floor area for each dwelling unit shall be 45 m² (485 ft2);
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; and
f. Accessory residential uses shall conform to the Provincial Public Health and Fire Regulations.
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12
HIGHWAY COMMERCIAL DISTRICT - C2
The purpose of the Highway Commercial District (C2) is to facilitate a wide
range of commercial, industrial and related activities located along the highway.
No person shall within a C2 - Highway Commercial District use any land, or erect, alter or use any
building or structure except in accordance with the following provisions.
12.1 PERMITTED USES
a. Business and/or professional offices;
b. Motels or motor hotels, including a dwelling for caretakers, owners, or managers;
c. Restaurants, confectionaries, including drive-thru;
d. Licensed premises for the sale and consumption of alcoholic beverages;
e. Strip Malls;
f. Public transportation depots;
g. Commercial and public recreational establishments such as bowling alleys, arcades and fitness
centres;
h. Garden centres or commercial greenhouses;
i.
Lumber and building supply establishments;
j.
Tourism oriented commercial recreation activities;
k. Police, Ambulance stations;
l.
Accessory Uses, including integrated or complementary uses, buildings or structures accessory
to and located on the same site as the principal building or use;
m. Public works offices, buildings, structures and warehouses excluding waste management or
sewage facilities.
12.2 DISCRETIONARY USES
The following uses may be permitted in the C2-Profile Highway Commercial District but only by
resolution of Council and only in locations specified in such resolution of Council. Discretionary Use
Requirements are provided in Section 5.
a. Service stations and other establishments for the servicing, storage and sale of motor vehicles,
trailers, recreation, or farm machinery and equipment;
b. Car wash;
c. Oilfield supply and services establishments;
d. Animal hospitals, or clinics and offices of veterinary surgeons;
e. Construction Trades and Contractors' yards;
f. Shops of plumbers, pipe fitters, metal workers and other industrial trades manufacturing and
sales;
g. Campground including Recreational Vehicle Park;
h. Rooming House;
i.
Commercial Cardlock operations;
j.
Motor vehicle, recreational vehicle, and/or mobile home sales and servicing and/or storage
compound;
k. Semi-Trailer and Container Parking Lot including Sea Containers.
C2
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12.3 PROHIBITED USES
a. Aggregate materials; storage or handling operations;
b. Abattoirs.
12.4 SITE DEVELOPMENT REGULATIONS
Permitted Uses
Minimum site area
730 m² (7858 ft2)
Minimum site frontage
25 meters (82 feet)
Minimum front yard
7.5 meters (25 feet)
Minimum side yard
3.0 meters (10 feet)
Minimum rear yard
10% of the lot depth
Height Maximum
12 meters (39 feet) Principal buildings, 7.5 meters (25 feet)Accessory
buildings
Construction Trades, Public works buildings
Minimum site area
465 m² (5005 ft2)
Minimum site frontage
15 meters (49 feet)
Minimum front yard
7.5 meters (25 feet)
Minimum side yard
3.0 meters (10 feet)
Minimum rear yard
10% of the lot depth
Motels, Service Stations
Minimum site area
930 m² (10010 ft2)
Minimum site frontage
30 meters (98 feet)
Minimum front yard
15 meters (49 feet) motels, 7.5 meters (25 feet) other
Minimum side yard
3.0 meters (10 feet)
Minimum rear yard
10% of the lot depth
Agricultural implement, motor vehicle, and recreational vehicle dealerships, tourist campgrounds,
lumber yards
Minimum site area
2500 m² (.25 hectare)
Minimum site frontage
30 meters (98 feet)
Minimum front yard
7.5 meters (25 feet)
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Minimum side yard
3.0 meters (10 feet)
Minimum rear yard
10% of the lot depth
12.5 ACCESSORY BUILDINGS
a. Setbacks for accessory buildings shall meet the same requirements as the principal use or
building.
b. Temporary, fabric covered structures consisting of wood, metal or plastic framing covered on
the roof and one or more sides with fabric, plastic, vinyl or other sheet material shall be
permitted only in a rear yard with a setback of 2.0 meters (6.5 feet) from the rear of the
building.
12.6 FENCE AND HEDGE HEIGHTS
a. Screen fences shall be consistent and complement the quality of building design and materials
of the primary building. Screening shall be provided where a lot used for commercial or
industrial purposes abuts a residential district without an intervening street or land. Such
screening shall consist of a solid fence, hedge, or wall over 1.5 meters (5 feet) in height in a side
or rear yard and over 0.75 meters (2.5 feet) in a front yard.
b. No fence in a commercial or industrial zone shall exceed 2.4 meters (8 feet).
c. No barbed wire or razor wire fences shall be allowed in a Commercial District.
12.7 LANDSCAPING
a. A landscaped strip of not less than 3.0 meters (10 feet) in width throughout lying parallel and
abutting the front site line shall be provided on every site.
b. On corner lots, in addition to the landscaping required in the front yard, the whole of any
required side yard abutting the flanking street shall be landscaped.
c. Where a site abuts any Residential or Community Service District without an intervening land,
there shall be a strip of land adjacent to the abutting site line of not less than 3.0 meters (10
feet) in width throughout which shall not be used for any purpose except landscaping.
12.8 PARKING REQUIREMENTS
Strip malls or retail plazas
1 parking space for each 50 m² (538 ft2) of floor area
Stores and offices
1 parking space for every 50 m² (538 ft2) of gross floor area
Restaurants, other eating places 1 parking space for every 10 seats provided for patrons
Theatres, places of assembly
1 parking space for every 10 seats provided for patrons
Motels, motor hotels or hotels
1 parking space for each unit
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Service Stations
1 ½ parking spaces for each service bay
All other uses
1 parking space for each 75 m² (807 ft2) of building floor area
12.9 LOADING REQUIREMENTS
Where the use of a building or site involves the receipt, distribution or dispatch by vehicles of materials,
goods or merchandise, adequate space for such vehicles to stand for loading and unloading shall be
provided on the site. The minimum area of an individual loading space shall be 17.0 m². Doors located in
side yards shall not be used for delivery purposes.
Gross Floor Area
Minimum Number of Loading Spaces
93 m² to 1300 m²
1 space
1300 m² to 2800 m²
2 spaces
Greater than 2800 m²
2 spaces +1 space for each 5600 m² (0.56 hectare)
12.10 SIGNAGE
Signs and billboards shall be prohibited in the C2 Highway Commercial District except for signs
advertising the principal use of the premises or the principal products offered for sale on the premises.
Permitted signs shall be subject to the following requirements:
a. One permanent sign is permitted per site. The facial area of a sign shall not exceed 4.0 m² (43
ft2);
b. No sign shall be located in any manner that may jeopardize public safety;
c. Temporary signs not exceeding 1.0 m² (10.7 ft2) advertising the sale or lease of the property or
other information relating to a temporary condition affecting the property are permitted.
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.
12.11 OUTSIDE STORAGE
a. No outdoor storage shall be permitted in the required front yard of any commercial or industrial
site.
b. Council may apply special standards as a condition or for a discretionary use approval regarding
the location of areas used for storage for that use.
c. No wrecked, partially dismantled or inoperable vehicle or machinery shall be stored or displayed
in any required yard. No yard shall be used for the storage or collection of hazardous material.
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12.12 SUPPLEMENTARY REGULATIONS
12.12.1 Service Stations
a. Where service stations occupy a corner site, only one access point shall be located on the
flankage, located a minimum of 6.0 meters (20 feet) from the intersection.
b. Fuel pumps and other accessory equipment shall be located not less than 6.0 meters (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.
d. Service Stations shall locate underground storage tanks in accordance with The Fire
Protection Act.
e. Propane and natural gas pumps (retail or wholesale) shall be set back according to Provincial
regulations
f. Access/egress points shall not be continuous along a street and shall be at least 10.0 meters
(32.8 feet) apart
g. Off-site traffic circulation shall be accommodated on the site
h. Vehicles and parts storage shall not locate in any yard abutting a road and must be screened
from view by a solid fence with the location, height and materials being first approved by
the development officer
12.12.2 Strip Malls
a. Strip Malls, when permitted, must be primarily for pedestrian use and accessible to the
public from both the street and from the development.
b. Council will consider the appropriate separation to other uses that may be incompatible
with Strip Mall retail and service activities.
c. Council will consider the potential uses and street access to the site when making a
discretionary use decision on a proposed strip mall. Ingress and egress points shall be
designed to minimize conflict with adjacent land uses and not pose a safety hazard.
d. Other criteria may include the street façade, main street entrance, windows along the street
and the relaxation of on-site parking requirements.
e. Landscaping shall be provided acceptable to Council. If abutting a Residential District, a
suitable buffer composed of tree planting or a hedge shall be provided.
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13
GENERAL INDUSTRIAL DISTRICT - IND
The purpose of the General Industrial District (IND) is to provide areas for Industrial activities
which have moderate potential for conflict with adjacent land uses and rely on access to prime traffic
routes.
No person shall within any IND-General Industrial District use any land, or erect, alter, or use any
building or structure except in accordance with the following provisions.
13.1 PERMITTED USES
a. Business and/or professional offices;
b. Industrial Parks containing a combination of permitted uses;
c. Buildings, structures, and uses accessory to, and located on the same site as, the principal
building or use excepting any building or structure used for human habitation;
d. Indoor repair, rental, servicing, storage, wholesale of any commodity and/or retail sales of any
goods, materials and/or commodities excluding any hazardous materials;
e. Manufacturing, fabricating, processing, assembly, finishing, production or packaging of
materials, goods or products that are not noxious;
f. Service Stations and Commercial Cardlock operations;
g. Auto body shops;
h. Construction and other contractors, industrial trades, workshops, yards, plants, and/or offices;
i.
Warehousing and supply depots;
j.
Farm and Industrial machinery equipment and vehicle sales and service;
k. Trucking operations;
l.
Lumber and building supply establishments;
m. Construction of RTM homes or agricultural building assembly area;
n. Motor vehicle, recreational vehicle, and/or mobile home sales and servicing and/or storage
compound;
o. Commercial Recycling Depots;
p. Public works buildings and structures including offices, warehouses, storage, yards, and waste
management or sewage facilities.
13.2 DISCRETIONARY USES
The following uses may be permitted in the IND-General Industrial District but only by resolution of
Council and only in locations specified in such resolution of Council. Discretionary Use Requirements
are provided in Section 5.
a. Bulk petroleum sales and storage;
b. Stockyards and auction marts;
c. Salvage yards and auto wreckers;
d. Meat Processing Plants/Abattoirs;
e. Seed Cleaning plants, feed mills and flour mills;
f. Fertilizer sales and storage;
g. Cement manufacturing;
h. Aggregate material storage or handling operations;
i.
Wind Energy Facilities.
IND
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13.3 SITE DEVELOPMENT REGULATIONS
Minimum site area
5000 m2 motor vehicle, farm equipment and recreational vehicle dealership,
1000 m² other uses
Minimum site frontage
30 meters (98 feet)
Minimum front yard
6.0 meters (20 feet)
Minimum rear yard
No requirement where the rear of the lot abuts a railroad track, otherwise 10
percent of the lot depth
Minimum side yard
3.0 meters (10 feet)
Height Maximum
9 meters (29.5 feet) Principal building, 5 meters (16.4 feet) Accessory
Building
There shall be no minimum site development requirements for public works buildings.
13.4 ACCESSORY BUILDINGS
a. Setbacks for accessory buildings shall meet the same requirements as the principal use or
building.
b. Temporary, fabric covered structures consisting of wood, metal or plastic framing covered on
the roof and one or more sides with fabric, plastic, vinyl or other sheet material shall be
permitted in a required rear or side yard.
c. Buildings, structures or uses including one (1) dwelling unit for a caretaker or manager,
secondary and subordinate to, and located on the same lot with the principal permitted or
discretionary uses, shall be permitted.
13.5 FENCE AND HEDGE HEIGHTS
a. Screen fences shall be consistent and complement the quality of building design and materials
of the primary building. Screening shall be provided where a lot used for commercial or
industrial purposes abuts a residential district without an intervening street or land. Such
screening shall consist of a solid fence, hedge, or wall over 1.5 meters (5 feet) in height in a side
or rear yard and over 0.75 meters (2.5 feet) in a front yard.
b. No fence in a commercial or industrial zone shall exceed 3.0 meters (10 feet).
c. No barbed wire, or razor wire fences shall be allowed in an Industrial District.
13.6 LANDSCAPING
a. A landscaped strip of not less than 3.0 meters in width throughout lying parallel and abutting
the front site line shall be provided on every site.
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b. On corner lots, in addition to the landscaping required in the front yard, the whole of any
required side yard abutting the flanking street shall be landscaped.
c. Where a site abuts any Residential District without an intervening land, there shall be a strip of
land adjacent to the abutting site line of not less than 3.0 meters (10 feet) in width throughout
which shall not be used for any purpose except landscaping.
13.7 PARKING
Off-street parking requirements shall be provided in accordance with the following:
Warehouses or manufacturing
activities
1 parking space for each 90 m² (968 ft2) of gross floor area
Principal buildings
1 parking space for each 50 m² (164 ft2) of gross floor area, or 1
parking space for each 1.5 employees, whichever is greater.
13.8 LOADING REQUIREMENTS
Where the use of a building or site involves the receipt, distribution, or dispatch by vehicles of materials,
goods, or merchandise, adequate space for such vehicles to stand for loading and unloading without
restricting access to all parts of the site shall be provided on the site. The minimum area of an individual
loading space shall be 17m² (56 ft2).
Gross Floor Area
Minimum Number of Loading Spaces
93 m² to 1300 m²
1 space
1300 m² to 2800 m²
2 spaces
Greater than 2800 m²
2+1 for each 5600 m²
13.9 SIGNAGE
Signs and billboards are prohibited in the IND-Industrial District except for signs advertising the principal
use of the premises or the names of the occupants of the premises. Permitted signs shall be subject to
the following regulations:
a. One permanent sign is permitted per site. The facial area of a sign shall not exceed 4.0 m² (13
ft2);
b. No sign shall be located in any manner that may obstruct or jeopardize the safety of the public;
c. Temporary signs not exceeding 1.0 m² 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.
Page 69
13.10 OUTSIDE STORAGE
a. No outdoor storage shall be permitted in the required front yard of any commercial or industrial
site.
b. No yard shall be used for the storage or collection of hazardous material.
c. Council may apply special standards as a condition or for a discretionary use approval regarding
the location of areas used for storage for that use.
d. Council may require special standards for the location setback or screening of any area devoted
to the outdoor storage of vehicles in operating condition, equipment and machinery normally
used for the maintenance of the property, vehicles or vehicular parts.
e. All outside storage shall be fenced and where the area abuts a residential area. All junk yards or
auto wrecking yards shall be totally enclosed by a sturdy fence built to a minimum height of 2.0
meters (6.5 feet) and constructed of material suitable to conceal from view the materials stored
on site. No materials shall be stacked above the height of the fence.
f. All automobile parts, dismantled vehicles, storage drums and crates, stockpiled material, and
similar articles and materials shall be stored within a building or suitably screened from public
view.
13.11 SUPPLEMENTARY REGULATIONS
13.11.1 Salvage Yards and Auto Wrecker Operations
a. This includes salvage yards, auto wreckers, auto repair shop, body shops and similar uses, all
savage vehicles and materials, vehicles waiting repair, salvage or removal and similar uses.
b. No vehicles or parts thereof shall be located in the front yard.
c. All salvage yards shall be totally hidden from the view of the travelling public, provincial
highways ,any public road and adjacent residential development by utilizing any of the
following measures:
i. distance and careful location;
ii. natural or planted vegetation;
iii. an earth berm;
iv. an opaque fence;
v. a building;
vi. other appropriate methods approved by Council.
13.11.2 Service Stations
a. Where service stations occupy a corner site, only one access point shall be located on the
flankage, located a minimum of 6.0 meters (20 feet) from the intersection.
b. Fuel pumps and other accessory equipment shall be located not less than 6.0 m from any
street or site line.
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c. All automobile parts, dismantled vehicles, and similar articles shall be stored within a building
or screened to the satisfaction of Council.
d. Service Stations shall locate underground storage tanks in accordance with The Fire
Protection Act.
e. Propane and natural gas pumps (retail or wholesale) shall be set back according to Provincial
regulations
f. Access/egress points shall not be continuous along a street and shall be at least 10.0 meters
(32.8 feet) apart
g. Off-site traffic circulation shall be accommodated on the site
h. Vehicles and parts storage shall not locate in any yard abutting a road and must be screened
from view by a solid fence with the location, height and materials being first approved by the
development officer.
13.12 PERFORMANCE STANDARDS
An industrial operation including production, processing, cleaning, testing, repairing, storage or
distribution of any material shall conform to the following standards:
a. Noise - emit no noise of industrial production audible beyond the boundary of the lot on which
the operation takes place;
b. Smoke - no process involving the use of solid fuel is permitted;
c. Dust or ash - no process involving the emission of dust, fly ash or other particulate matter is
permitted;
d. 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
noticed beyond the property line of the lot;
g. External storage - external storage of goods or material is permitted if kept in a neat and orderly
manner or suitably enclosed by a fence or wall to the satisfaction of the authority having
jurisdiction. No storage shall be permitted in the front yard;
h. Industrial wastes - waste which does not conform to the standards established from time to
time by Town Bylaws shall not be discharged into any Town sewers.
i.
The onus of proving to Council's satisfaction that a proposed development does and will comply
with these requirements, rests with the developer.
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14
COMMUNITY SERVICE DISTRICT - CS
The purpose of the Community Service District is to provide areas for a wide range of
community service related activities including social, recreational, institutional, parks and public service.
No person shall, within any CS - Community Service District, use any land, or erect, alter or use any
building or structure except in accordance with the following provisions.
14.1 PERMITTED USES
a. Buildings, structures, or uses secondary or subordinate to, and located on the same site as, the
principal use, shall be considered accessory uses and, may include commercial uses;
b. Elementary, high schools and other educational facilities;
c. Lodges, social clubs, service clubs;
d. Municipal offices, libraries, historic and cultural institutions, community halls;
e. Places of Worship and Assembly Halls;
f. Child and Adult Child Daycare;
g. Health facilities and Special Care Homes;
h. 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;
i.
Natural and nature-like open areas;
j.
Community Gardens;
k. Pedestrian trails and bicycle pathways;
l.
Skateboard parks or BMX bike-terrain;
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, waste management sites,
and sewage treatment facilities.
14.2 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. Discretionary Use Requirements
are provided in Section 5.
a. Golf courses, auto race tracks, horse race tracks, or other very large or very intensive use
facilities;
b. Communication Towers;
c. Wind Energy Facilities.
CS
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14.3 SITE DEVELOPMENT REGULATIONS
Permitted uses (other than education facilities, rinks and swimming pools)
Minimum site area
450 m2 (4844 ft2). There shall be no minimum site development
requirements for public work buildings.
Minimum site frontage
15 meters (49.2 feet)
Minimum front yard
6.0 meters (20 feet)
Minimum rear yard
6.0 meters
Minimum side yard
50% of the height of the building or 3.0 meters, whichever is greater
Height Maximum
15 meters maximum (49.2 feet)
Elementary and secondary schools
Minimum site area
No minimum requirement
Minimum site frontage
60.0 meters (197 feet)
Maximum site coverage
75%
Minimum front yard
15 .0 meters (49.2 feet)
Minimum rear yard
7.5 meters (25 feet)
Minimum side yard
7.5 meters
Skating, curling rinks and swimming pools
Minimum site area
1200 m²
Minimum site frontage
20.0 meters (65.6 feet)
Minimum front yard
7.5 meters (25 feet)
Minimum rear yard
7.5 meters
Minimum side yard
1.5 meters (5 feet) except on a corner site abutting a street then 3.6 meters
shall be provided
Accessory Buildings
Minimum front yard
7.5 meters (25 feet)
Principal building
All accessory buildings shall be set back 1.2 meters (4 feet) from the principal
building.
Minimum side yard
0.8 meters (2.6 feet) unless the side site line is abutting a street then the
side yard shall be 3.6 meters (12 feet)
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Minimum rear yard
All accessory buildings with a door or doors opening onto a lane shall not be
located less than 2.0 meters (6.5 feet) from the site line abutting the lane.
14.4 SIGNAGE
a. One permanent sign is permitted per site. The facial area of a sign shall not exceed 4.0 m².
b. Billboards are prohibited except for one information sign for each building or use and those
bearing notices of special events and activities, or other information, relating to a temporary
condition affecting the site and shall not exceed 1.0 m² (10.7 ft2) in size.
c. Temporary signs advertising product prices or sales, special events related to retail and service
activities, or advertising community or charity activities or events are permitted.
14.5 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 every 10 students
Churches and Places of Assembly
1 parking space for each 50 m² (538 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 m² of floor area
Recreational buildings, sports facilities and fields
1 parking space for each of every ten patrons or
seats.
14.6 LANDSCAPING
a. A landscaped strip of not less than 3.0 meters (10 feet) in width throughout lying parallel and
abutting the front site line shall be provided on every site.
b. On corner lots, in addition to the landscaping required in the front yard, the whole of any
required side yard abutting the flanking street shall be landscaped.
c. Where a site abuts any Residential District without an intervening land, there shall be a strip of
land adjacent to the abutting site line of not less than 1.5 meters (5 feet) in width throughout
which shall not be used for any purpose except landscaping.
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15
FUTURE URBAN DEVELOPMENT DISTRICT - FUD
The purpose of this District is to limit development that may affect future growth of
the Town by providing for temporary and transitional uses and activities.
No person shall within any FUD District use any land, or erect, alter or use any building or structure,
except in accordance with the following provisions:
15.1 PERMITTED USES
a. Agricultural crop production and horticultural uses and buildings and structures customarily
accessory to the use;
b. Commercial greenhouses, market gardens, and sod farms;
c. Uses, buildings and structures accessory to the principal building or use;
d. Recreational uses and sports grounds;
e. Recreational Vehicle Storage yards;
f. Public works buildings and structures including offices, warehouses, storage, yards, and waste
management or sewage facilities;
g. Uses in existence when this Bylaw comes into force.
15.2 DISCRETIONARY USES
The following uses may be permitted in the FUD- Future Urban Development District only by
resolution of Council and only in locations specified by Council. Discretionary Use requirements are
provided in Section. 5
a. One single detached dwelling and buildings accessory to the principal use and occupied by the
owner, manager or caretaker of the principal use;
b. Home occupations(Home Based Businesses);
c. Large Accessory buildings;
d. Cemeteries;
e. Wind Energy Facilities.
15.3 SITE DEVELOPMENT REGULATIONS
Minimum site area
Existing, no subdivision or 16 hectares (39.5 acres) for agricultural uses
Minimum site frontage
60 meters (197 feet) abutting a highway or 6.0 meters (20 feet) abutting a
street
Minimum front yard
15 meters (49.2 feet) unless the property abuts a municipal road, then the
setback is 60 meters (197 feet) from the centerline of the municipal road.
Minimum side yard
7.5 meters (25 feet) for a dwelling and buildings accessory thereto, except
the minimum side yard abutting a public street shall be 10 meters (32.8
feet).
FUD
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Minimum rear yard
10.0 meters (32.8 feet)for dwellings and buildings accessory thereto except
that the minimum rear yard abutting a public street shall be 30 meters (98
feet).
15.4 SIGNAGE
a. One permanent sign is permitted per site. The facial area of a sign shall not exceed 1.0 m² (10.7
ft2);
b. In the case of a home occupation, an additional permanent sign is permitted;
c. No sign shall be located in any manner that may obstruct or jeopardize the safety of the public;
d. Temporary signs not exceeding 1.0 m² (10.7 ft2) advertising the sale or lease of the property or
other information relating to a temporary condition affecting the property are permitted.
15.5 SUPPLEMENTARY REGULATIONS
a. Council will consider the applications for permitted and discretionary use with respect to the
following criteria:
i.
The infrastructure servicing capacity is available to service the development without
excessive impact on other uses being served by the system.
ii.
The proposed development will be consistent with any concept plans in force in the
area and will not be inconsistent with the future use and development plans of the Duck
Lake Official Community Plan and the Twin Rivers District Plan.
iii.
The development will not require the development of new streets and utility lines
except as may be provided for in existing plans under the Duck Lake Official Community
Plan and the Twin Rivers District Plan and that the proposal is not premature.
b. Where a development is proposed at a location at which standard connection to the Town's
existing sewer and water system is not feasible, the developer shall, at their own expense,
provide suitable water supply and sewage disposal facilities for that development acceptable to
Council and meets The Public Health Act and Regulations requirements. Domestic waste
disposal systems located on the site and serving only the principal use will be a permitted use to
that principal use.
Page 76
APPENDIX "A" - APPLICATION FOR A DEVELOPMENT PERMIT
DEVELOPMENT PERMIT APPLICATION REQUIREMENTS
Every Development Permit Application shall include:
1.0 Application Form
A completed application form.
2.0 Site Plan
Two copies of a proposed development site plan showing, with labels, the following existing and
proposed information (as the case may be):
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)
retaining walls,
k) proposed on-site and off-site services,
l)
landscaping and other physical site features,
m) a dimensioned layout of parking areas, entrances, and exits,
n) abutting roads and streets, including service roads and alleys,
o) an outline, to scale, of adjacent buildings on adjoining sites,
p) the use of adjacent buildings and any windows overlooking the new proposal,
q) fencing or other suitable screening,
r) garbage and outdoor storage areas,
s) other, as required by the Development Officer or Council to effectively administer this Bylaw.
3.0 Building Plan
A plan showing, with labels, the elevations, floor plan, and a perspective drawing of the proposed
development.
4.0 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:
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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).
5.0 Vicinity Map
A vicinity map showing, with labels, the location of the proposed development in relation to the
following features within two miles:
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.
6.0 Certificate of Title
A copy of the Certificate of Title, indicating ownership and all encumbrances.
7.0 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.
8.0 Site Description
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.
Page 78
TOWN OF DUCK LAKE
Application for a Development Permit and/or Minor Variance
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
Section ____________
Reg. Plan No._________________
4. Parcel Size:
Dimensions__________________________Area___________________________
5. Existing Land Use:
____________________________________________________________________________________
_____________________________________________________________________________ ____
____________________________________________________________________________________
6. Proposed Land Use/description of Proposed Development:
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
7. Reasons in support of minor variance (if requested): (attach additional notes if necessary)
_______________________________________________________________________________
___
_
________________________________________________________________________________
___
_
____________________________________________________________________________________
Proposed date of Commencement: ______________________________
____
Proposed date of Completion: ____________________________
____
_____
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 scale and north arrow,
a legal description of the site,
mailing address of owner or owner's representative,
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site lines,
Bylaw site line setbacks,
front, rear, and side yard requirements,
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,
the location of any buildings, structures, easements, and dimensioned to the site lines,
the location and size of trees and other vegetation, especially natural vegetation, street trees,
and mature growth,
proposed on-site and off-site services,
landscaping and other physical site features,
a dimensioned layout of parking areas, entrances, and exits,
abutting roads and streets, including service roads and alleys,
an outline, to scale, of adjacent buildings on adjoining sites,
the use of adjacent buildings and any windows overlooking the new proposal,
fencing or other suitable screening,
garbage and outdoor storage areas,
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 ____________________________
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 Duck Lake from and against any claims, demands,
liabilities, costs and damages elated to the development undertaken pursuant to this application.
Date: ______________________________ Signature: ______________________________
Page 80
APPENDIX "B" - NOTICE OF DECISION FOR A DEVELOPMENT PERMIT
Town of Duck Lake
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, or
____Minor Variance
Has Been:
____ Approved.
____Approved subject to conditions or Development Standards, as listed in the attached schedule
____Refused for the following reason:
____________________________________________________________________________________
____________________________________________________________________________________
Note:
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.
If submitting for both a Development Permit and Minor Variance, both application fees will apply to
the individual as per the Zoning Bylaw.
An application may be appealed given the appeal is based on the decision of the development permit
request. An appeal is not allowed if on the bases of appealing a minor variance application.
By submitting this application you agree to allow entry onto your property for the purpose of
inspecting the development.
If an applicant is moving or demolishing a building the applicant shall deposit, with the Town, such a
sum as the Council or the Building Inspector considers sufficient to cover the cost of putting the site,
after the building has been demolished, in such condition that it is not dangerous to public safety. If
and when the site is put in a condition satisfactory to the Council or the Building Inspector, the sum
deposited shall be refunded.
Page 81
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.
Your Appeal must be submitted in writing within 30 days of the date of this notice to:
Secretary, District Development Appeals Board
Town of Waldheim
Box 160
Waldheim, SK.
S0K 4R0
Date: _______________________________ _______________________________
Development Officer
Note:
This Permit expires 12 months from the date of issue.
A Building Permit is also required for a building construction or demolition.