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Town of
Zoning Bylaw
2017
TOWN OF ESTON
ZONING BYLAW 2017-12
1. Pursuant to Section 45 of The Planning and Development Act, 2007, the Council of the Town of
Eston hereby adopts the Zoning Bylaw, identified as Schedule "A" to this Bylaw.
2. The Mayor and Administrator are hereby authorized to sign and seal Schedule "A" which is
attached to and forms part of this Bylaw.
3. Bylaw No. 110-77 known as the Zoning Bylaw and any amendments thereto shall be repealed.
4. Bylaw No. 76-71 known as the Eston Planning District Zoning Bylaw and any amendments
thereto shall be repealed.
5. This Bylaw shall come into force on the date of final approval by the Minister of Government
Relations.
Read a first time this
day of
20___
Read a second time this
day of
20___
Read a third time and passed this
day of
20___
______________________________
MAYOR
SEAL
______________________________
ADMINISTRATOR
TOWN OF ESTON
ZONING BYLAW
SCHEDULE "A" to BYLAW 2017-12
______________________________
MAYOR
SEAL
______________________________
ADMINISTRATOR
Page | 1
TABLE OF CONTENTS
TABLE OF CONTENTS ................................................................................................................................. 1
1. INTRODUCTION ..................................................................................................................................... 6
2. DEFINITIONS .......................................................................................................................................... 7
3. ADMINISTRATION AND INTERPRETATION .......................................................................................... 25
DEVELOPMENT OFFICER ............................................................................................................. 25
COUNCIL ...................................................................................................................................... 25
APPLICATION FOR A DEVELOPMENT PERMIT ............................................................................. 25
DEVELOPMENT NOT REQUIRING A PERMIT ............................................................................... 26
INTERPRETATION ........................................................................................................................ 26
COMPREHENSIVE DEVELOPMENT REVIEW ................................................................................. 27
DEVELOPMENT PERMIT PROCEDURE ......................................................................................... 27
DEVELOPMENT PERMIT: VALIDITY .............................................................................................. 29
DEVELOPMENT PERMIT APPLICATION FEES ............................................................................... 29
FEE FOR ZONING AMENDMENT APPLICATION ........................................................................... 29
CONCURRENT PROCESSING OF DEVELOPMENT PERMITS, BUILDING PERMITS, AND BUSINESS
LICENSES.................................................................................................................................................. 29
REFERRAL UNDER THE PUBLIC HEALTH ACT ............................................................................... 30
DEVELOPMENT APPEALS BOARD ................................................................................................ 30
MINOR VARIANCES ..................................................................................................................... 30
NON-CONFORMING BUILDINGS, USES, AND SITES ..................................................................... 32
DEVELOPMENT PERMIT - INVALID ............................................................................................. 32
CANCELLATION ............................................................................................................................ 32
STOP-WORK ................................................................................................................................ 32
BYLAW COMPLIANCE .................................................................................................................. 33
REGISTERING INTERESTS ............................................................................................................. 33
MOVING OF BUILDINGS .............................................................................................................. 33
TEMPORARY DEVELOPMENT PERMITS ....................................................................................... 33
DEVELOPMENT LEVY AGREEMENTS ........................................................................................... 33
SERVICING AGREEMENTS ............................................................................................................ 33
4. GENERAL REGULATIONS ..................................................................................................................... 35
LICENSES, PERMITS, AND COMPLIANCE WITH OTHER BYLAWS AND LEGISLATION ................... 35
PRINCIPAL USE ESTABLISHED ...................................................................................................... 35
USES PERMITTED IN ALL ZONING DISTRICTS .............................................................................. 35
NUMBER OF PRINCIPAL BUILDINGS ON A SITE ........................................................................... 35
Page | 2
ACCESSORY BUILDINGS, USES, AND STRUCTURES ...................................................................... 35
FRONT YARD REDUCTION ........................................................................................................... 36
FRONTAGE FOR IRREGULAR SITES .............................................................................................. 36
PERMITTED YARD ENCROACHMENTS ......................................................................................... 36
GRADING AND LEVELING OF SITES ............................................................................................. 36
HEIGHT OF BUILDINGS ................................................................................................................ 36
HERITAGE PROPERTIES................................................................................................................ 36
SIGNAGE ON NATURAL AND HUMAN HERITAGE SITES .............................................................. 37
BUFFER STRIPS ............................................................................................................................ 37
CLOSINGS .................................................................................................................................... 37
SATELLITE DISHES ........................................................................................................................ 37
PRIVATE GARAGES, SUNROOMS, SOLARIUMS, AND GREENHOUSES ......................................... 37
UNLICENSED VEHICLES/SHIPPING CONTAINERS......................................................................... 37
SWIMMING POOLS ..................................................................................................................... 38
DISPOSAL OF WASTES ................................................................................................................. 38
SOLID AND LIQUID WASTE DISPOSAL FACILITIES ........................................................................ 38
OIL AND GAS WELL ACTIVITIES ................................................................................................... 39
DEVELOPMENT ALONG PIPELINES AND GAS TRANSMISSION LINES .......................................... 39
DEVELOPMENT ALONG ACTIVE RAILWAYS ................................................................................. 40
5. DISCRETIONARY USE STANDARDS FOR DEVELOPMENT ..................................................................... 41
TERMS AND CONDITIONS FOR DISCRETIONARY USE APPROVALS ............................................. 41
GENERAL DISCRETIONARY USE EVALUATION CRITERIA ............................................................. 41
HOME-BASED BUSINESSES AND OCCUPATIONS ......................................................................... 42
SECONDARY SUITES .................................................................................................................... 43
MODULAR HOMES ...................................................................................................................... 43
BED AND BREAKFAST HOMES ..................................................................................................... 43
CHILD DAY CARE CENTRES AND PRE-SCHOOLS........................................................................... 43
ADULT DAY CARE CENTRES ......................................................................................................... 44
GARDEN SUITES........................................................................................................................... 44
RESIDENTIAL CARE HOMES ......................................................................................................... 44
CAMPGROUNDS .......................................................................................................................... 45
ABOVE GROUND FUEL STORAGE TANKS ..................................................................................... 45
6. ZONING DISTRCTS AND ZONING MAP ................................................................................................ 47
ZONING DISTRICTS ...................................................................................................................... 47
ZONING DISTRICT MAP ............................................................................................................... 47
Page | 3
BOUNDARIES OF ZONING DISTRICTS .......................................................................................... 47
HOLDING DESIGNATION ............................................................................................................. 47
7. R1 - RESIDENTIAL SINGLE DWELLING DISTRICT .................................................................................. 48
PERMITTED USES ......................................................................................................................... 48
DISCRETIONARY USES ................................................................................................................. 48
SITE REGULATIONS ...................................................................................................................... 48
ACCESSORY BUILDINGS AND STRUCTURES ................................................................................. 50
FENCE AND HEDGE HEIGHTS ...................................................................................................... 50
PARKING ...................................................................................................................................... 50
OUTDOOR STORAGE ................................................................................................................... 51
DISCRETIONARY USE EVALUATION CRITERIA ............................................................................. 51
8. R2 - MULTIPLE RESIDENTIAL DWELLING DISTRICT .............................................................................. 52
PERMITTED USES ......................................................................................................................... 52
DISCRETIONARY USES ................................................................................................................. 52
SITE REGULATIONS ...................................................................................................................... 52
ACCESSORY BUILDINGS AND STRUCTURES ................................................................................. 54
FENCE AND HEDGE HEIGHTS ...................................................................................................... 55
PARKING ...................................................................................................................................... 55
OUTDOOR STORAGE ................................................................................................................... 56
SUPPLEMENTARY REGULATIONS ................................................................................................ 56
DISCRETIONARY USE EVALUATION CRITERIA ............................................................................. 57
9. RMH-RESIDENTIAL MOBILE HOME DISTRICT ...................................................................................... 58
PERMITTED USES ......................................................................................................................... 58
DISCRETIONARY USES ................................................................................................................. 58
SITE REGULATIONS ...................................................................................................................... 58
DEVELOPMENT STANDARDS FOR MOBILE HOMES .................................................................... 59
ACCESSORY BUILDINGS AND STRUCTURES ................................................................................. 60
SIGNAGE ...................................................................................................................................... 60
FENCE AND HEDGE HEIGHTS ...................................................................................................... 61
PARKING ...................................................................................................................................... 61
OUTDOOR STORAGE ................................................................................................................... 61
DISCRETIONARY USE EVALUATION CRITERIA ............................................................................. 62
10.
C1 - TOWN CENTRE COMMERCIAL ............................................................................................. 63
PERMITTED USES ......................................................................................................................... 63
Page | 4
10.1.1 Principal Uses .............................................................................................................................. 63
10.1.2 Accessory Uses ............................................................................................................................ 63
10.1.3 Public Works and Municipal Facilities ......................................................................................... 63
DISCRETIONARY USES ................................................................................................................. 63
SITE REGULATIONS ...................................................................................................................... 64
ACCESSORY BUILDINGS AND USES .............................................................................................. 65
SIGNAGE ...................................................................................................................................... 65
PARKING ...................................................................................................................................... 65
LANDSCAPING ............................................................................................................................. 66
DISCRETIONARY USE EVALUATION CRITERIA ............................................................................. 66
11.
C2 - HIGHWAY COMMERCIAL DISTRICT ...................................................................................... 67
11.1
PERMITTED USES ......................................................................................................................... 67
11.1.1 Principal Uses .............................................................................................................................. 67
11.1.2 Accessory Uses ............................................................................................................................ 67
11.1.3 Public Works and Municipal Facilities ......................................................................................... 67
11.2
DISCRETIONARY USES ................................................................................................................. 67
11.3
PROHIBITED USES ........................................................................................................................ 68
11.4
SITE REGULATIONS ...................................................................................................................... 68
11.5
ACCESSORY BUILDINGS AND USES .............................................................................................. 69
11.6
FENCE AND HEDGE HEIGHTS ...................................................................................................... 69
11.7
LANDSCAPING ............................................................................................................................. 69
11.8
PARKING ...................................................................................................................................... 69
11.9
LOADING REQUIREMENTS .......................................................................................................... 69
11.10 SIGNAGE ...................................................................................................................................... 70
11.11 OUTDOOR STORAGE ................................................................................................................... 70
11.12 DISCRETIONARY USE EVALUATION CRITERIA ............................................................................. 70
12.
IND - INDUSTRIAL DISTRICT ......................................................................................................... 72
12.1
PERMITTED USES ......................................................................................................................... 72
12.2
DISCRETIONARY USES ................................................................................................................. 72
12.3
SITE REGULATIONS ...................................................................................................................... 73
12.4
ACCESSORY BUILDINGS AND USES .............................................................................................. 73
12.5
FENCE AND HEDGE HEIGHTS ...................................................................................................... 74
12.6
LANDSCAPING ............................................................................................................................. 74
12.7
PARKING ...................................................................................................................................... 74
12.8
LOADING REQUIREMENTS .......................................................................................................... 74
Page | 5
12.9
SIGNAGE ...................................................................................................................................... 74
12.10 OUTDOOR STORAGE ................................................................................................................... 75
12.11 DISCRETIONARY USE EVALUATION CRITERIA ............................................................................. 75
12.12 PERFORMANCE STANDARDS ....................................................................................................... 76
13.
CS - COMMUNITY SERVICE DISTRICT .......................................................................................... 78
PERMITTED USES ......................................................................................................................... 78
SITE REGULATIONS ...................................................................................................................... 78
ACCESSORY BUILDINGS AND USES .............................................................................................. 79
SIGNAGE ...................................................................................................................................... 79
PARKING ...................................................................................................................................... 80
LANDSCAPING ............................................................................................................................. 80
14.
FUD - FUTURE URBAN DEVELOPMENT DISTRICT ........................................................................ 81
14.1
PERMITTED USES ......................................................................................................................... 81
14.2
DISCRETIONARY USES ................................................................................................................. 81
14.3
SITE DEVELOPMENT REGULATIONS ............................................................................................ 81
14.4
SIGNAGE ...................................................................................................................................... 82
14.5
SUPPLEMENTARY REGULATIONS ................................................................................................ 82
14.6
DISCRETIONARY USE EVALUATION CRITERIA ............................................................................. 82
ZONING DISTRICT MAP ........................................................................................................................... 83
Page | 6
1. INTRODUCTION
1.1 AUTHORITY
Under the authority granted by The Planning and Development Act, 2007, the Mayor and Council of
the Town of Eston 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 Eston.
1.3 PURPOSE
.1 The purpose of this Bylaw is to regulate development and to control the use of land in the
Town of Eston in accordance with the Town of Eston Official Community Plan Bylaw 2017-11
and the Prairie West District Plan Bylaw 2016-6.
.2 The intent of this Zoning Bylaw is to provide for the amenity of the area within the Town of
Eston (hereinafter referred to as the Town or municipality and for the health, safety, and
general welfare of the inhabitants of the 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 Eston. All development
within the limits of the Town 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 Town of Eston Official Community Plan Bylaw
2017-11 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, inspects
meats, refrigerate, cure and manufacture by-
products.
Accessory: A building or use that:
a) Is subordinate to and serves the
principal building or principal use;
b) Is subordinate in area, mass, extent,
and purpose to the principal building or
principal use served;
c) Contributes to the comfort,
convenience, or necessity of occupants
of the principal building or assists the
principal use; and
d) Is located on the same site as the
principal building or use.
Act: The Planning and Development Act 2007,
Province of Saskatchewan, as amended from
time to time.
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 Eston.
Aggregate Resource: See Quarriable
Substance.
Agricultural: A use of land, buildings, or
structures for the purpose of animal husbandry,
fallow, field crops, forestry, market gardening,
pasturage, private greenhouses and includes
the growing, packing, treating, storing, and sale
of produce produced on the premises and other
similar uses customarily carried on in the field
of general agriculture.
Alteration or Altered: With reference to a
building, structure or site means a change from
one 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 though shall not
include the keeping of animals in outdoor pens.
Apartment Block: A building containing three
(3) or more dwelling units as herein defined,
Page | 8
each of which is occupied or intended to be
occupied as a permanent home or residence as
distinct from a hotel or rooming house.
Applicant: A developer or person applying for a
Development Permit under this Bylaw or for a
subdivision approval to an approving authority
under The Planning and Development Act, 2007.
Attic: That portion of a building situated wholly
or in part within the roof and which is less than
one-half story.
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 traveling public for a charge.
Billboard: A private free standing sign, including
supporting structure, which advertises goods,
products, services, organizations, of facilities
that are available from, located on, or refer to,
a site other than the site on which the sign is
located.
Buffer: A strip of land, vegetation, or land use
that physically separates two or more different
land uses.
Building: A structure constructed on, in, or over
land and used for the shelter or
accommodation of persons, animals, goods, or
chattels, and includes any structure covered by
a roof supported by walls or columns.
Building, Accessory: (see Accessory).
Building Bylaw: A Bylaw of the Town of Eston 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 Height
Building Permit: A permit, issued under the
Building Bylaw of the Town of Eston,
authorizing the construction of, or the addition
to, any building, though does not include a
Development Permit.
Building, Principal: A building in which is
conducted of the main or primary use of the
site on which said building is situated.
Page | 9
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 structures 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 Eston 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,
though not including the use of mobile homes
or trailers on a permanent year-round basis.
Cardlock Operation: A petroleum dispensing
outlet without full-time attendants.
Carport: A building or structure or part thereof,
where at least 40% of the area of the perimeter
is open and unobstructed by a wall, door, post,
or pier and which is used for the parking or
storage of motor vehicles.
Cemetery: A cemetery or columbarium within
the meaning of The Cemeteries Act Chapter C-4,
R.S.S. 1981, as amended from time to time.
Club: A group of people organized for a
common purpose, to pursue common goals,
interests or activities, and usually characterized
by certain membership qualifications, payment
of dues or fees, regular meetings, and a
constitution and bylaws.
Commercial Use: The use of land, building(s), or
structure(s) for the purpose of buying and
selling commodities, and supplying professional
and personal services for compensation.
Commercial/Industrial Use, Large Scale:
Commercial or industrial land uses maintaining
a lineal frontage in excess of 91.0 metres
(298.56 ft.).
Commercial/Industrial Use, Small Scale:
Commercial or industrial land uses maintaining
a lineal frontage of less than 90 metres (295 ft.).
Community Facilities: Buildings or facilities
used for recreational, social, educational, or
cultural activities and that are owned by a
municipal corporation, non-profit corporation,
or other non-profit organization.
Compost: Materials used in gardening,
agriculture, landscaping, erosion control,
wetland construction, and landfill cover.
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
Page | 10
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 Eston.
D
Day Care Centre: An establishment providing
for the care, supervision and protection of
children (or adults) though does not include the
provision for overnight supervision.
Deck: Any raised floor structure at least 0.31
metres (1 ft.) above the average ground level
upon which it is constructed, either adjacent to
a building or free-standing with a 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, though not be limited
to, excavating, filling, grading or drainage of
land.
Development Officer: An employee of the
Town appointed by the Administrator 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 within the Town's boundaries as
prescribed under Section 13 of The Uniform
Building and Accessibility Standards Act.
Development Permit: A document issued by
the Council of the Town of Eston that authorizes
development pursuant to this Bylaw, though
does not include a building permit.
Directional Signage: Signage located off-site
providing direction to, and information about, a
specific enterprise or activity, which does not
contain general advertising.
Discretionary Use: Uses or development of
land, buildings, or other structures that may be
permitted in a Zoning District only at the
discretion of Council and which conforms to all
discretionary use regulations and other
regulations applicable to the district in which
the use is located.
District Plan: The Prairie West District Plan
Bylaw No. XX-16 is the District Plan for the
Town of Eston as per Section 102 of The
Planning and Development Act, 2007.
Dwelling: A building or part of a building
intended for residential occupancy.
Dwelling Unit: One (1) or more habitable rooms
used, or fully capable of being used, as a
residence, where each unit provides sleeping,
cooking, and toilet facilities.
Dwelling, Duplex: A building that is divided into
two dwelling units with separate entrances and
separated by a common party wall.
Dwelling Group: A group of single-detached,
semi-detached or multiple unit dwellings
clustered on one (1) lot or site, and built as one
(1) development.
Dwelling, Multiple Unit: A building containing
three (3) or more dwelling units and shall
include condominiums, townhouses, row
Page | 11
houses, and apartments as distinct from a
rooming house, hotel, or motel.
Dwelling, Semi-Detached: A building divided
vertically into two (2) dwelling units by a
common wall extending from the base of the
foundation to the roofline.
Semi-Detached Dwelling
Dwelling, Single-Detached: A building
containing only one (1) dwelling unit, and shall
not include a mobile home as herein defined.
Single-Detached Dwelling
Dwelling, 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.
Town House 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 an
area 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: Refers to the side of a lot, parcel or
site.
Flood: A temporary rise in the water level that
results in the inundation of areas not ordinarily
covered by water.
Floodway: The portion of the flood plain
adjoining the channel where the waters in the
1:500 year flood are projected to meet or
Page | 12
exceed a depth of one (1) metre or a velocity of
one (1) metre per second.
Flood proofed: A measure, or combination of
structural and non-structural measures,
incorporated into the design of a structure
which reduces or eliminates the risk of flood
damage to a defined elevation.
Flood Fringe: The portion of the floodplain
where the waters in the 1:500 year flood are
projected to be less than a depth of one (1)
metre or a velocity of one (1) metre per second.
Floor Area: The maximum area contained
within the outside walls of a building, excluding
in the case of a dwelling any private garage,
porch, veranda, open deck, unfinished attic, or
unfinished basement or cellar and in a
commercial or industrial building, any utility
room.
Future Land Use Map: In its projections, the
map specifies certain areas for residential
growth and others for industry, commercial,
and conservation. The Future Land Use Map for
Eston is attached as Appendix "A" in the Official
Community Plan.
Frontage (Lot Frontage): The distance across
the street side of a lot (a lot must front on a
street), between the points where the side lines
of the lot meet the street right of way or
boulevard; or, where a lot is irregular in shape
and is narrowest at the front street end, the
width of the lot shall be measured parallel to
the street line at the centre of the front lot line,
and at a setback from the front lot line no
greater than the minimum permitted building
setback.
G
Garage, Private: A building or part of a building
used for or intended to be used for the storage
of motor vehicles and wherein neither servicing
nor repairing of such vehicles are carried on for
remuneration.
Garage, Public: A building or place where motor
vehicles are stored or repaired for
remuneration though does not include a car
washing establishment, 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 though 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, though
are sold directly at wholesale or retail from the
site.
Page | 13
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.
Green Space: Passive and structural 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.
Greenways: A linear park which may
accommodate pathways principally for foot
traffic and/or bicycles. Typically, greenways are
planned along creeks or streams and managed
as natural environments, or bikeways along
landscaped roads.
Group Home: (See Personal Care Home).
H
Hazardous Industry/Substance: A substance
that, because of its quality, concentration or
physical, chemical or infectious characteristics,
either individually or in combination with other
substances on the site, is an existing or
potential threat to the physical environment, to
human health or other living organisms.
Hazard(ous) Land: Land having inherent
environmental hazards; land subject to
flooding, earth movement, or slope instability,
land with poor natural drainage, ground water
seepage, erosion, steep slopes, rock formations,
or other similar features.
Health Service Facility (Health Clinic): A
building or part thereof used by qualified health
service practitioners for the treatment of
human health needs.
Heritage Resource: The history, culture, and
historical resources of an area and its residents.
Highway Commercial: Commercial activities
normally located along highways, major
roadways and in other locations considered
strategic by the type of business involved
serving the needs of local residents and the
traveling public.
Highway Sign Corridor: A strip of land parallel
and adjacent to a Provincial highway, where
private signs may be permitted to advertise
goods and services of local area businesses and
attractions, as provided by regulations of the
Department of Highways entitled "The Erection
of Signs Adjacent to Provincial Highway
Regulations, 1986", as may be amended from
time to time.
Home Occupation (Home-Based Business): An
occupation, trade, profession, or craft
customarily conducted for gain in a dwelling
unit or accessory building by the resident or
residents, which is clearly incidental and
secondary to the principal use of the site.
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, though does not
include a motel or rooming house.
I
Industrial Exclusionary Uses: Refers to certain
industrial activities that may be characterized as
exhibiting a high potential for adversely
affecting the safety, use, amenity or enjoyment
of adjacent and nearby industrial and non-
industrial sites due to their scale, appearance,
noise, odour, emissions, and hazard
potential. Such activities are considered
Page | 14
exclusionary when the only means of mitigating
the associated negative effects on surrounding
land uses is through spatial
separation. Exclusionary uses would include
not be limited to the following: landfill, ethanol
plants, transformer stations, uranium refineries,
anhydrous ammonia storage, and distribution
centres.
Industrial Use: The use of land, buildings, or
structures for the manufacturing, assembling,
processing, fabrication, warehousing or storage
of goods and materials.
Industrial Park: An area of land set aside for
industrial development, usually located close to
transport facilities, especially where more than
transport mode coincides (i.e. highways,
railroads, airports).
Infill Development: Re-development within
existing areas or neighbourhoods.
Institutional Use: The use of land, buildings, or
structures for religious, charitable, educational,
health or welfare purposes and includes
churches, public or private schools, nursery
schools, hospitals, and special care.
K
Kennel, Boarding: The temporary
accommodation of more than four 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, though excluding companion
animals.
Live/Work: A dwelling unit, part of which may
be used as a business establishment, where the
dwelling unit is the principal residence of the
business operator.
Live/Work Residential Acreages: A residential
development where the owner's principal
source of income is derived from a source other
than agriculture, and where an on-site
occupation or activity is permitted including the
storage of material and the maintenance of
equipment related to the occupation.
Page | 15
Loading Space: A space, measuring at least 2.5
metres (8.20 ft.) in width and 8.5 metres (27.88
ft.) in depth, located on a lot, and having access
to a street or lane, in which a vehicle may park
to load or unload.
Lot (see Site): An area of land with fixed
boundaries on record with the Information
Services Corporation (ISC) by Certificate of Title.
For the purposes of this Bylaw the terms "lot"
and "site" shall be deemed not to mean the
same.
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% of 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 assembly of
component parts, the manufacturing of
products and the blending of materials.
Marquee: A roof-like structure of a permanent
nature which projects from the wall of a
building that is independently supported by a
system of columns or piers without walls over
an entrance to a building.
Mayor: The Mayor of the Town of Eston.
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 trailer coach that may be used
as a dwelling all year round; has water faucets
and shower or other bathing facilities that may
be connected to a water distribution system;
has facilities for washing and a water closet or
other similar facility that may be connected to a
sewage system; and that conforms to the
Canadian Standards Association Standard #
A277-90. See picture below.
Double-Wide Mobile Home
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 though
does not include an industrial or construction
camp or tourist campsite. For the purpose of
this Bylaw the terms mobile home park and
mobile home court shall be deemed to mean
the same.
Mobile Home Site: An area of land in a mobile
home park that is intended to be occupied by
one mobile home, and for exclusive use of its
occupants, with access to a driveway or a public
street.
Mobile Home Subdivision: Any subdivision of
land and the development thereof for the
purpose of accommodating mobile homes in
such a manner that each home is situated on its
own site, and in which all such sites, public
open spaces, internal streets and lanes, buffer
Page | 16
zones and other amenity areas form a
contiguous area of development.
Modular (Manufactured) Home: A residential
dwelling that is constructed off-site in a yard or
factory, and is in one or more sections,
transported to a site for permanent installation
on a permanent foundation (may have a
basement), having architectural features similar
to permanent residential dwellings built on site
in the Town, and conforming to Canadian
Standards Association (CSA) Standard A277.
Modular (Manufactured) Home
Modular (Manufactured) Home Subdivision:
Any subdivision of land and the development
thereof for the purpose of accommodating
modular homes in such a manner that each
home is situated on its own site, and in which
all sites, public open space, internal streets,
buffer zones, and other amenity areas form a
contiguous area of development.
Motel or Motor Hotel: A building or buildings
consisting of a number of individual rental units,
intended for the use of the traveling public,
each containing at least a bedroom and
bathroom, and each having convenient access
to a parking space for the use of the occupants
of the units and may or may not provide food
service.
Municipality: The Town of Eston.
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, education, 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.
Page | 17
Official Community Plan (OCP): The Town of
Eston Official Community Plan Bylaw No. 2017-
11.
Open Space: (See Green Space).
P
Parking Lot: An open area, other than a street,
used for the temporary parking of more than
four vehicles, and is available for public or
private use.
Parking Space: A space within a building or
parking lot for the parking of one (1) motor
vehicle, including convenient access to a public
lane or street, and shall be not less than 3.0
metres (10 ft) wide and 5.5 metres (18 ft) in
length.
Pasture: A site that is used for the raising and
feeding of livestock by grazing.
Patio: Any hard surface or floor structure less
than 0.3 metres (0.98 ft) above the average
ground level upon which it is constructed.
Permitted Use: The use of land, buildings, or
other structures that shall be permitted in a
Zoning District where all requirements of this
Zoning Bylaw are met.
Person: A "person" shall apply to an individual,
association, firm, partnership, corporation,
trust, or agent, and their heirs, executors, or
other legal representatives of a person to whom
the same can apply according to the law.
Personal Care Home: A facility licensed under
the Personal Care Homes Act that provides long
term residential, social and personal care,
including accommodation, meals, supervision or
assistance for persons who have some limits on
ability for self-care, and are unrelated to the
operator or owner.
Personal Service Trades: A building or part of a
building in which persons are employed in
furnishing services and administering to
customer's personal and/or grooming needs,
though does not include the provision of health
related services.
Places of Worship: A building set aside by any
religious organization for public worship. Typical
uses include churches, chapels, mosques,
temples, synagogues, and parish halls.
Pond: Any constructed containment of water
for the purpose of landscape enhancement,
keeping ornamental fish or aquatic plants, or
for other similar purposes, though 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 Eston:
-
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.
Page | 18
Q
Quarriable Substance: Any mineral substance,
the property of the Crown in the right of
Saskatchewan, which is capable of being
quarried and includes bentonite, building stone,
granite, gravel, gypsum, limestone, marble,
marl, sand, slate, volcanic ash, and any other
substance which may from time to time be
declared by the Lieutenant Governor in Council
to be a quarriable substance within the
meaning of these regulations.
R
Real-Estate Signage: Signage directly associated
with the sale of a property on which it is located
and which maintains a gross surface area of less
than 1.0 m² (11 ft2).
Recreational Use: The use of land for parks,
playgrounds, tennis courts, lawn bowling
greens, indoor and outdoor skating rinks and
curling rinks, athletic fields, golf courses, picnic
areas, swimming pools, day camps, community
centres, and all similar uses, together with the
necessary and accessory building sand
structures; though 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.
Re-development: (see infill development).
Residential Care Home: A licensed or approved
group care home governed by Provincial
regulations that provide, in a residential setting,
24-hour care of persons in need of personal
services, supervision or assistance essential for
sustaining the activities of daily living or for the
protection of the individual.
Residential Use: The use of land, buildings, or
structures for human habitation.
Restaurant: A building or part of a building
wherein food is prepared and offered for sale to
the public primarily for consumption within the
building. Limited facilities may be permitted to
provide for a take-out food function provided
that such a facility is clearly secondary to the
primary restaurant use.
Retail Store (Shop): A building or part thereof,
or a place, where goods, wares, merchandise,
substances, or articles are offered or kept for
sale or rent, and may include servicing and the
manufacture of products on site for sale on the
site so long as the gross floor area used for
manufacturing does not exceed 25% of the
gross floor area of the retail store.
Right-Of-Way: The land set aside for use as a
roadway or utility corridor. Rights-of-way are
purchased prior to the construction of a new
road or utility line, and usually enough extra
land is purchased for the purpose of providing
mitigative features. Sometimes road rights-of-
way are left vacant after the initial roadway
facility is constructed to allow for future
expansion.
Rooming House: 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 though without private toilet facilities.
RTM (Ready to Move) Home: A new single
detached dwelling constructed off-site to
Page | 19
National Building Code or CSA-A277 standards
to be moved onto a new permanent residential
site building foundation.
RTM (Ready to Move) Home
S
Satellite Dish: A parabolic antenna utilized for
the reception of satellite transmitted television
or radio waves.
Salvage Yard (Wrecking): A parcel of land
where second-hand, discarded or scrap
materials are bought, sold, exchanged, stored,
processed, or handled. Materials include scrap
iron, structural steel, cages, rubber tires,
discarded goods, equipment, appliances, and/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.
Sea Container: (See Shipping Container).
Secondary Suite: A self-contained dwelling unit
which is an accessory use to, and located
within, a detached building in which the
principal use is a one unit dwelling.
Self-Service Storage Facility: A commercial
business that rents or leases storage rooms,
lockers, containers, modular storage
units and/or outdoor space, for businesses and
individuals to store and access their goods.
Service Station: A site used for the retail sale of
lubricating oils and gasoline, automobile
accessories, and for the servicing and repairing
of motor vehicles essential to the operation of a
motor vehicle; though 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.
Location and measurement of setbacks
Shopping Centre/Strip Mall: A building or
group of buildings located on the same lot or
site, in which four or more of the uses allowed
in the Zoning Districts are located for their
mutual benefit including the use of off-street
parking and other joint facilities.
Short-Term Stay Residential: (See Rooming
House).
Shipping Container: An article of transportation
equipment, including one that is carried on a
Page | 20
chassis, that is strong enough to be suitable for
repeated use and is designed to facilitate the
transportation of goods by one or more means
of transportation and includes, but is not
limited to, intermodal shipping containers, body
of transport trailer or strait truck box but does
not include a motor vehicle.
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;
and
-
May is an operative word meaning a choice
is available, with no particular direction or
guidance intended.
Sight Triangle: The triangular area formed, on
corner sites, by the intersecting front and side
site lines at a street intersection and the
straight line joining said site lines.
Sign: Any device, letter, symbol, emblem or
picture, that is affixed to or represented directly
or indirectly upon a building, structure, or a
piece of land and that identifies or advertises
any object, product, place, activity, person,
organization, or business in such a way as to be
visible to the public on any street,
thoroughfare, or any other public place.
Sign, Billboard: A private free standing sign,
including supporting structure, which advertises
goods, products, services, organizations, of
facilities that are available from, located on, or
refer to, a site other than the site on which the
sign is located.
Sign, Canopy: A sign attached to, or painted on
an awning, canopy, or freestanding canopy.
Sign, Fascia: A sign fastened to, or painted on
the wall of a building or structure in such a
manner that the wall becomes the supporting
structure for, or forms the background surface
of the sign and which does not project more
than 0.5 metres (1.64 ft.) from such building or
structure.
Sign, Freestanding: Sign, except a billboard,
independently supported and visibly separated
from a building or other structure and
permanently fixed to the ground.
Sign, Height: The vertical distance measured
from the highest point of the sign to grade level
at the centre of the sign.
Sign, Projecting: A sign which is wholly or
partially dependent upon a building for support
and which projects more than 0.5 metres (1.64
ft.) from such building.
Sign, Temporary: A sign which is not
permanently installed or affixed in position,
advertising a product or activity on a limited
time 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
Page | 21
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, though 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; though 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
ceiling of between 1.6 metres (5.25 ft.) and 2.3
metres (7.55 ft.), over a floor area which is not
less than one-third (1/3), nor more than two-
thirds (2/3), of the floor area of the story next
below.
Stakeholders: Individuals, groups, or
organizations who have a specific interest or
"stake" in a particular need, issue situation or
project and may include members of the local
community residents, community groups or
local, provincial, and federal governments.
Street: The whole and entire width of every
highway, public road, or road allowance vested
in Her Majesty in the right of the Province of
Saskatchewan and shown as such on a plan of
survey registered at the Information Services
Corporation (ISC).
Page | 22
Strip Mall (Mini Mall): A building of not more
than 604.0 m2 (6501.61 ft2) in gross floor area in
which a minimum of three (3) and a maximum
of six (6) of the permitted or discretionary uses
of the Zoning District are located together for
their mutual benefit.
Structural Alteration: The construction or
reconstruction of supporting elements of a
building or other structure.
Structure: Anything that is built, constructed, or
erected that is located on the ground, or
attached to something located on, or in the
ground.
Subdivision: A division of land, and includes a
division of a quarter section into legal
subdivision as described in the regulations
made pursuant to The Land Surveys Act, 2000.
Swimming Pool: Any body of water
permanently located outdoors or indoors,
contained by artificial means and used and
maintained for the purpose of swimming,
wading, or diving and having a depth of 0.61
metres (2 ft.) or more at any point.
T
Tavern: An establishment, or portion thereof,
where the primary business is the sale of
beverage alcohol for consumption on the
premises, with or without food, and where no
live entertainment or dance floor is permitted.
(Tele)communication Facility: A structure
situated on a non-residential site that is
intended for transmitting or receiving
television, radio or cellular communications,
excluding those used exclusively for dispatch
communications.
Temporary Garages and Buildings: 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.
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 Eston.
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.
Motor Home - Camping Trailer
Trucking Firm Establishment: The use of land,
buildings or structures for the purpose of
storing, servicing, repairing, or loading trucks,
transport trailers and/or buses, but does not
include an automobile service station,
transportation sales, or rental outlets.
U
Use: The activity or purpose for which any land,
building, structure, or premises, or part thereof
Page | 23
is arranged, designed, or intended, occupied, or
maintained.
Used For: Includes "arranged for", "designed
for", "intended for", "maintained for", and
"occupied for".
Utility Shed: An accessory building or structure
used for the storage of goods with a maximum
floor area of 9.29m² (100 ft2).
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 though 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 kilowatts (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.
Wind Turbine: The individual component of a
wind energy conversion system that converts
kinetic energy from the wind into electrical
energy, independent of the electrical
conductors, electrical storage system, electrical
metering, or electrical inverters.
Wind Turbine, Electrical: An individual
component of a wind energy conversion system
which converts kinetic wind energy to electrical
energy through electric currents.
Wind Turbine, Mechanical: An individual
component of a wind energy conversion system
which converts kinetic wind energy to
mechanical energy through motion.
Work Camp: A temporary industrial or
construction camp established for the purpose
of providing accommodation for employees,
and without restricting the generality of the
above, the camp is usually made up of a
number of mobile units, clustered in such a
fashion as to provide sleeping, eating and other
basic living facilities.
Y
Yard: Open, uncovered space on the same site
as a building or structure.
Page | 24
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 | 25
3. ADMINISTRATION AND INTERPRETATION
DEVELOPMENT OFFICER
.1 The Town Administrator of the Town of Eston 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.
.2 The Development Officer shall:
a) Receive, record, and review Development Permit applications and issue decisions in
consultation with Council, particularly those decisions involving subdivision, discretionary
uses, Development Permit conditions, and development and servicing agreements;
b) Maintain, for inspection by the public during office hours, a copy of this Bylaw, Zoning
District Map, and amendments, and ensure that copies are available to the public at a
reasonable cost;
c) Make available, for public inspection during office hours, a register of all Development
Permits and subdivision applications and decisions;
d) Collect development fees, according to the fee schedule established in this Bylaw or any
other Development Fee Bylaw adopted by the municipality;
e) Perform other duties as determined by Council.
.3 The Development Officer shall be empowered to make a decision regarding a Development
Permit application for a "Permitted Use."
a) Permitted Use development permit applications and permits shall go to Council for
information purposes.
COUNCIL
.1 Council shall make all decisions regarding discretionary uses, development and servicing
agreements, and Zoning Bylaw amendments.
.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 Council shall act on discretionary uses, re-zoning and subdivision applications in accordance with
the procedures established by The Planning and Development Act, 2007 and in accordance with
the Official Community Plan and Prairie West District Plan.
APPLICATION FOR A DEVELOPMENT PERMIT
.1 Unless the proposed development or use is exempt from Development Permit requirements,
before commencing any principal or accessory use development, including a public utility use,
every developer shall:
a) Complete and submit a Development Permit application; and
b) Receive a Development Permit for the proposed development.
.2
A Development Permit shall not be issued for any use in contravention of any of the provisions
of this Bylaw, the Town of Eston Official Community Plan, and the Prairie West District Plan.
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.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.
DEVELOPMENT NOT REQUIRING A PERMIT
.1 Residential Zoning Districts
a) Buildings and structures under 9.0 m2 (97 ft2) in area, which are accessory to a principal
residential use, except where such dwelling is a discretionary use;
b) A television antennae or radio antennae;
c) Relocation of any residential or accessory building provided development standards are still
met on the site; and
d) A temporary building that is permitted for a maximum of one year, the sole purpose of
which is incidental to the erection or alteration of a building for which a building permit has
been granted.
i. The one year maximum timeframe may be extended at the discretion of Council.
.2 Commercial Zoning Districts
a) Buildings and structures under 9.0 m2 (97 ft2) in area, that are accessory to a permitted,
principal, commercial use except where such use is discretionary;
b) A temporary building that is permitted for a maximum of one year, the sole purpose of
which is incidental to the erection or alteration of a building for which a building permit has
been granted.
.3 Official Uses
a) Uses and buildings undertaken, erected or operated by the Town of Eston.
.4 Internal Alterations
Residential Buildings:
a) Internal alterations to a residential building, provided that such alterations do not result in a
change of use or an increase in the number of dwelling units within the building or on the
site.
.5 All Other Buildings:
a) 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.
.6 Landscaping
Landscaped areas, driveways and parking lots, provided the natural or designed drainage
pattern of the site and adjacent sites are not adversely impacted.
INTERPRETATION
.1 Where any provision of this Bylaw appears unclear, Council shall make the final Bylaw
interpretation.
.2 All Bylaw requirements shall be based on the stated metric units. The imperial units shown in
this Bylaw shall be approximate guidelines only.
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COMPREHENSIVE DEVELOPMENT REVIEW
.1 A Comprehensive Development Review may be completed prior to consideration of an
application by Council by any person proposing to re-zone land for multi-parcel (greater than 1)
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, 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 the following:
a) Proposed land use(s) for various parts of the area;
b) The effect on adjacent land uses and integration of the natural landscape regarding the
planning and design of the area;
c) The location of, and access to, major transportation routes and utility corridors;
d) The provision of services respecting the planning for future infrastructure within the
municipality;
e) Sustainable development and environmental management practices regarding surface and
groundwater resources, storm water management, flooding, and protection of significant
natural areas; and
f) Appropriate information specific to the particular land use (residential, commercial or
industrial).
.2 The Comprehensive Development Review must be prepared in accordance with the overall goals
and objectives of the Town of Eston Official Community Plan and the Prairie West District Plan.
.3 Council shall not consider any development application until all required information has been
received. The responsibility for undertaking all technical investigations, administrative reviews,
and hosting public meetings as required shall be borne solely by the applicant.
DEVELOPMENT PERMIT PROCEDURE
Where an application for a Development Permit is made for a permitted or accessory use in conformity
with this Bylaw, The Planning and Development Act, 2007 and all other municipal Bylaws, the
Development Officer shall issue a Development Permit.
.1 PERMITTED USE PERMIT PROCEDURE
a) Where an application for a Development Permit is made for a permitted use in conformity
with this Bylaw, The Planning and Development Act, 2007, District Plan, and other relevant
other Town Bylaws, the Council shall hereby direct the Development Officer to issue a
Development Permit;
b) As soon as an application has been made for a development permit and prior to making a
decision, the Development Officer may refer the application to whichever government
agencies or interested groups Council may consider appropriate. The Development Officer
may also require the application to be reviewed by planning, engineering, legal, or other
professionals, with the cost of this review to be borne by the applicant;
c) A copy of all approved development permit applications, involving the installation of water
and sanitary services, shall be sent to the Regional Health Authority;
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d) Upon approval of a permitted or accessory use, the Development Officer shall issue a
development permit for the use at the location and under such terms and development
standards specified by the Official Community Plan and this Bylaw;
e) The applicant shall be notified in writing of the decision of their application. The applicant
shall be advised of their right to appeal a decision to the Development Appeals Board on a
permitted or accessory use application and any terms and conditions attached to an
application;
f) A building permit, where required, shall not be issued unless a development permit has
been issued, or is issued concurrently.
.2 DISCRETIONARY USE PERMIT PROCEDURE
a) The following procedures shall apply to discretionary use applications:
i. Applicants must file with the Development Officer the prescribed application form, a
site plan, any other plans and supplementary information as required by the
Development Officer and pay the required application and public hearing fees;
ii. Council may refer the application to whichever government agencies or interested
groups, as Council may consider appropriate. Council also may require the application
to be reviewed by planning, engineering, legal, or other professionals;
iii. The Development Officer will set a date for the public hearing at which time the
application will be considered by Council;
iv. The Development Officer will give notice by regular mail that the application has been
filed to the all assessed owners within 75 meters (246.06 ft.) from the property line in
which the subject site is located and provide notification of the public hearing and an
opportunity for them to provide written comment on the proposal;
v. The Development Officer will prepare a report concerning the application which may
contain recommendations, including recommendations that conditions of approval be
applied in accordance with Section 56(3) of The Planning and Development Act, 2007;
vi. Council shall consider the application together with the reports of the Development
Officer and any written or verbal submissions received by Council;
vii. Council may reject the application or approve the application with or without
conditions, including a condition limiting the length of time that the use may be
conducted on the site; and
viii. The applicant shall be notified of Council's decision by regular mail addressed to the
applicant at the address shown on the application form.
b) Discretionary uses, discretionary forms of development, and associated accessory uses shall
conform to the development standards and applicable provisions of the Zoning District in
which they are located;
c) Council may approve a discretionary use application for a limited time period where it is
considered important to monitor and re-evaluate the proposal and its conformance with the
provisions of this Bylaw;
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d) 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;
e) Council's approval of a discretionary use application is valid for a period of 12 months from
the date of the approval. If the proposed use or proposed form of development has not
commenced within that time, the approval shall no longer be valid. The Development
Officer shall advise the applicant and Council when a prior approval is no longer valid;
f) The applicant shall be notified in writing of the decision of their application. The applicant
shall be advised of their right to appeal any terms and conditions attached to a discretionary
use application to the Development Appeals Board.
DEVELOPMENT PERMIT: VALIDITY
.1 A Development Permit is valid for a period of twelve (12) months unless otherwise stipulated
when the permit is issued.
.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 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.
DEVELOPMENT PERMIT APPLICATION FEES
.1 An applicant seeking the approval of a Development Permit application shall pay the following
fee: $50.00 or shall pay the required fee as set out in a separate Development Fee Bylaw of the
municipality.
.2 There shall be no Development Permit application fee for accessory buildings to a residential
use, sign permits, licenses for home occupations or other forms of business licenses.
.3 An applicant seeking a discretionary use approval shall pay the required fee: $100.00 or shall
pay the required fee as set out in a separate Development Fee Bylaw of the Town.
FEE FOR ZONING AMENDMENT APPLICATION
.1 When an application is made to Council for an amendment to this Bylaw, the applicant making
the request shall bear the actual cost of advertising such zoning amendment as permitted by
The Planning and Development Act, 2007. Council also may require the applicant to pay all costs
incurred in a professional review of the application and in carrying out a public hearing.
CONCURRENT PROCESSING OF DEVELOPMENT PERMITS, BUILDING PERMITS, AND BUSINESS
LICENSES
.1 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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a) A Building Permit shall be issued concurrently with a Development Permit.
REFERRAL UNDER THE PUBLIC HEALTH ACT
.1 The Development Officer shall make available, in addition to plumbing permits and plan
information, a copy of all approved Development Permit applications involving installation of
water and sanitary services, should such information be requested by Provincial officials under
The Public Health Act and Regulations.
DEVELOPMENT APPEALS BOARD
.1 Council shall appoint a Development Appeals Board consisting of three (3) members, to hear
and determine appeals in accordance with Section 213 to 227 inclusive, of The Planning and
Development Act 2007.
.2 RIGHT OF APPEAL
a) In addition to any other right of appeal provided by The Planning and Development Act,
2007, and any other Act, a person affected may appeal to the Board if there is:
i. Alleged misapplication of the Zoning Bylaw in the issuance of a development permit;
ii. A refusal to issue a Development Permit because it would contravene the Zoning Bylaw;
iii. An issuance of a written order from the Development Officer.
b) There is no appeal pursuant to 3.13.2.a.ii if a development permit was refused on the basis
that the use in the Zoning District for which the Development Permit was sought:
i. Is not a permitted use or a permitted intensity of use;
ii. Is a discretionary use or discretionary use of intensity that has not been approved by
resolution by Council; or
iii. Is a prohibited use.
c) Appellants may appeal where they are of the opinion that development standards
prescribed by Council with respect to a discretionary use exceed those necessary to secure
the objectives of the Zoning Bylaw;
d) An appellant shall make the appeal pursuant to 3.13.2.a within 30 days after the date of the
decision;
e) The Development Officer shall make available to all interested persons copies of the
provisions of The Planning and Development Act, 2007, respecting decisions of the
Development Officer and right of appeal.
MINOR VARIANCES
.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.
.2 The maximum amount of a minor variance shall be 10% variation from the requirements of this
Bylaw.
.3 The development must conform to all other requirements of this Bylaw.
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.4 The relaxation of the Bylaw requirement must not injuriously affect a neighbouring property.
.5 No minor variance shall be granted for a discretionary use or form of development, or in
connection with an agreement to re-zone pursuant to Section 60 of The Planning and
Development Act, 2007.
.6 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 $25.00.
.7 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.
.8 Terms and conditions imposed by the Development Officer shall be consistent with the general
development standards in this Bylaw.
.9 Where a minor variance is refused, the Development Officer shall notify the applicant in writing,
providing reasons for the refusal.
.10 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.
.11 A decision to approve a minor variance, with or without terms and conditions, does not take
effect:
a) In the case of a notice sent by regular mail, until 23 days from the date the notice was
mailed;
b) In the case of a notice that is delivered by personal service, until 20 days from the date the
notice was served.
.12 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.
.13 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.
.14 The Development Officer shall maintain a record of all minor variance applications.
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NON-CONFORMING BUILDINGS, USES, AND SITES
.1 Any use of land or any building or structure lawfully existing at the time of passing this Bylaw
that is rendered non-conforming by the enactment of this Bylaw or any subsequent
amendments, may be continued, transferred, or sold in accordance with provisions of Section
88 to 93 inclusive, of The Planning and Development Act, 2007.
.2 No enlargement, additions, or reconstruction of a non-conforming use, building, or structure
shall be undertaken, except in conformance with these provisions.
.3 No existing use, building, or structure shall be deemed to be non-conforming by reason only of
the conversion of this Bylaw from the Metric System of Measurement to the Imperial System of
Measurement where such non-conformity is resultant solely from such change and is reasonably
equivalent to the metric standard herein established.
.4 Where a building has been erected on or before the effective date of this Bylaw on a site having
less than the minimum dimensions or area, or having less than the minimum yards required by
this Bylaw, the use may be continued and the building may be enlarged, reconstructed,
repaired, or renovated pursuant to the rights granted by Section 91 to 93 of The Planning and
Development Act, 2007. These rights are subject to the following:
a) The enlargement, reconstruction, repair, or renovation does not further reduce the required
yards that do not conform to this Bylaw;
b) All other applicable provisions of this Bylaw are satisfied; and
c) Issuance of a Development Permit required by this Bylaw.
DEVELOPMENT PERMIT - INVALID
.1 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 (6) 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.
CANCELLATION
.1 Council or the Development Officer may cancel a Development Permit, and when cancelled,
development shall cease:
a) Where the Development Officer or Council is satisfied that a Development Permit was
issued based on false or mistaken information;
b) Where new information is identified pertaining to environmental protection, flood
potential, or slope instability; and/or
c) When a developer requests a Development Permit modification.
STOP-WORK
.1 The Development Officer may authorize action to stop any development which does not
conform to this Bylaw, a development or servicing agreement, a Development Permit or
condition, or an Interest Registered with ISC under this Bylaw.
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BYLAW COMPLIANCE
.1 Errors and/or omissions by any person administering or required to comply with the provisions
of this Bylaw do not relieve any person from liability for failure to comply with the provisions of
this Bylaw.
REGISTERING INTERESTS
.1 As per Section 175 of The Planning and Development Act, 2007 the municipality may register an
interest based on a development levy agreement or servicing agreement in the land registry
against the affected title.
.2 On registration of an interest based on a development levy agreement or servicing agreement,
the rights and privileges in the development levy agreement:
a) Ensure to the benefit of the municipality; and
b) Run with the land and are binding on the registered owner of the land the registered
owner's heirs, executors, administrators, successor, and assigns.
MOVING OF BUILDINGS
.1 No building shall be moved within or into or out of the area covered by this Bylaw without
obtaining a Development Permit from the Development Officer, unless such building is exempt
under Section 3.4 of this Bylaw.
TEMPORARY DEVELOPMENT PERMITS
.1 The Development Officer may issue a temporary Development Permit, with specified conditions
for a specified period of time, to accommodate developments incidental to approved
construction, temporary accommodation, or temporary gravel operations, or asphalt plants.
.2 Nothing in this Bylaw shall prevent the use of land, or the erection or use of any building or
structure for a construction camp, work camp, tool shed, scaffold, or other building or structure
incidental to and necessary for construction work on the premises, but only for so long as such
use, building, or structure is necessary for such construction work as has not been finished or
abandoned.
DEVELOPMENT LEVY AGREEMENTS
.1 Council may pass a development levy bylaw pursuant to Section 169 to 170 of The Planning and
Development Act, 2007, to establish development levies to recover the capital costs of services
and facilities.
.2 As per Section 171 of The Planning and Development Act, 2007, if the Council deems it is
necessary to do so, the Council or Development Officer may require the development permit
applicant to enter into a development levy agreement with the Municipality respecting the
payment of the development levies.
SERVICING AGREEMENTS
.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.
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.2 In accordance with The Planning and Development Act, 2007, the agreement may provide for:
a) The undertaking and installation of storm sewers, sanitary sewers, drains, water mains and
laterals, hydrants, sidewalks, boulevards, curbs, gutters, street lights, graded, graveled or
paved streets and lanes, connections to existing services, area grading and levelling of land,
street name plates, connecting and boundary streets, landscaping of parks and boulevards,
public recreation facilities, or other works that Council may require, including both on-site
and off-site servicing; and
b) The payment of fees that the Council may establish 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 this Bylaw.
LICENSES, PERMITS, AND COMPLIANCE WITH OTHER BYLAWS AND LEGISLATION
.1 In their interpretation and application, the provisions of this Bylaw shall be held to be the
minimum requirements adopted for the promotion of the public health, safety, and general
welfare.
.2 Nothing in this Bylaw shall exempt any person from complying with the requirements of a
building regulation Bylaw or any other Bylaw in force within the Town of Eston 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 Eston or any law of the
Province of Saskatchewan or Canada.
.3 Where requirements in this Bylaw conflict with those of any other Municipal, Provincial, or
Federal requirements, the Provincial and Federal regulations shall prevail.
PRINCIPAL USE ESTABLISHED
.1 In any Zoning District in this Bylaw, the principal use of the land must be established prior to any
accessory buildings, structures, or uses being permitted.
USES PERMITTED IN ALL ZONING DISTRICTS
.1 Nothing in this Bylaw shall prevent the use of any land as a public street or public park.
.2 Nothing in this Bylaw shall prevent the erection of any properly authorized traffic sign or signal,
or any sign or notice of any local or other government department or authority.
.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.
NUMBER OF PRINCIPAL BUILDINGS ON A SITE
.1 Only one principal building shall be permitted on any one site except for the following:
a. Parks;
b. Schools;
c. Hospitals;
d. Recreation facilities;
e. Special care homes;
f. Senior citizen homes; and
g. Approved dwelling groups and condominium developments.
ACCESSORY BUILDINGS, USES, AND STRUCTURES
.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.
.2 At the discretion of Council, accessory buildings 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.
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a) In such instances, an Agreement between the Town and the applicant may be created.
.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.
FRONT YARD REDUCTION
.1 Notwithstanding the minimum depth of front yard required by this Bylaw, where a site is
situated between two (2) sites each of which contains a principal building which projects beyond
the standard required front yard depth, the front yard required on said site may be reduced to
an average of the two established front yards on the adjacent sites, though not to be less than
4.5 metres (15 ft) in a Residential District unless otherwise permitted in this Bylaw.
FRONTAGE FOR IRREGULAR SITES
.1 Where the site frontage is along a cul-de-sac, curve, or is irregular, the minimum site frontage
shall be 11.0 metres (36 ft) and the mean site width shall not be less than the minimum frontage
for regular sites in the same Zoning District.
PERMITTED YARD ENCROACHMENTS
.1 Where minimum front, side, or rear yards are required in any Zoning District, the following yard
encroachments shall be permitted:
a) Uncovered and open balconies, terraces, verandas, decks, and patios may have a maximum
projection from the main wall of 1.8 metres (6 ft) into any required front yard;
b) Window sills, roof overhangs, eaves, gutters, bay windows, chimneys, and similar alterations
may project a distance of 0.6 metres (2 ft) into any required yard.
GRADING AND LEVELING OF SITES
.2 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.
.3 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.
a) 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; and
b) 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 the municipality.
HEIGHT OF BUILDINGS
.1 Where a maximum height of buildings is specified in any Zoning District, the maximum height
shall be measured from average grade level to the highest point on the building exclusive of any
chimney or antenna.
HERITAGE PROPERTIES
.1 Provincial and Municipal heritage properties subject to preservation agreements are subject to
development review processes as defined by The Heritage Property Act. Provincial designations
are afforded special protection, and any alterations and development must be reviewed and
approved by the Heritage Programs of the Province of Saskatchewan.
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SIGNAGE ON NATURAL AND HUMAN HERITAGE SITES
.1 Small plaques, markers, and interpretations 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.
BUFFER STRIPS
.1 Buffer strips are intended to improve land use compatibility and environmental quality by
reducing noise, lighting, glare, and other nuisances, or facilitating natural drainage. Buffer strips
may be required to separate uses from adjacent properties, in which the approval authority will
determine the size and width.
CLOSINGS
.1 In the event a dedicated street or lane shown on the Zoning District Map forming part of this
Bylaw is closed, the property formerly in such street or lane shall be included within the Zoning
District of the adjoining property on either side of such closed street or lane. If a closed street or
lane is the boundary between two or more different Zoning Districts, the new District
boundaries shall be the former centre line of the closed street or lane.
SATELLITE DISHES
.1 Satellite dishes in excess of 0.5 metres (1.6 ft) in diameter shall not be located in any front yard,
side yard, and shall not be permitted to be erected on the roof of any principal building that is
located within a Residential District that is less than three (3) stories in height.
.2 Satellite dishes located in Residential Districts, which exceed 0.5 metres (1.6 ft) in diameter shall
only be erected on the roof of an accessory building if said accessory building is located entirely
within a rear yard.
PRIVATE GARAGES, SUNROOMS, SOLARIUMS, AND GREENHOUSES
.1 Private garages, carports, sunrooms, solariums, and greenhouses attached to main buildings by
a substantial roof structure shall be considered as part of the main building and shall be subject
to the regulations for the principal building.
UNLICENSED VEHICLES/SHIPPING CONTAINERS
.1 Shipping containers are permitted within Town limits if approved by Town Council under the
following guidelines:
a) In residential districts, shipping containers shall be located in the rear yard only, unless
temporary in nature.
b) In all other districts, shipping containers can be placed on any part of the property.
c) In residential districts, the shipping container must have a finish that matches or
compliments the exterior finish of the buildings on the site.
d) In all other districts, there are no finish requirements.
e) In all zoning districts:
i. No shipping container shall have graffiti or significant rust on the exterior;
ii. The shipping container must be kept in a clean, orderly manner;
iii. The shipping container must be placed on a secure, level surface with enough clearance
below the unit to deter rodents from nesting.
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.2 Council reserves the right to define additional esthetic and placement requirements on a case by
case basis, and to deny approval applications at their discretion.
.3 Shipping containers may be temporarily placed in any district without submission of a building
permit within the following guidelines. A shipping container:
a) Is permitted during construction or demolition when the container is used for purposes
related to the construction or demolition activities;
b) May be used for the purposes of loading and unloading items associated with the principal
use of the premises;
c) Cannot remain on a site for more than six months without permission of Town Council for
an extension and must be removed from the site upon completion of construction or
loading activities.
SWIMMING POOLS
.1 Notwithstanding anything contained in this Bylaw, a swimming pool is permitted as an accessory
use to permitted uses in any Residential District or a motel (motor hotel) in a Community Service
or 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;
b) The maximum height of such pool is 1.2 metres (4 ft) above the average finished grade level
of the ground adjoining the pool and within 4.5 metres (15 ft) of such pool;
c) Every swimming pool shall be enclosed by a non-climbable fence of at least 1.8 metres (6 ft)
in height and not more than 10 cm from the ground, and located at a distance not less than
1.5 metres (5 ft) from the pool; and
d) Any deck attached to or abutting a swimming pool shall be considered as part of the
swimming pool.
.2 All private swimming pools shall be in accordance with Bylaw No. 131-78 A Bylaw of the Town of
Eston Respecting the Prescribing, Regulating and Enforcing the Use of Safety Measures in
Connection with Private Swimming Pools.
DISPOSAL OF WASTES
.1 Subject to all Acts and Regulations pertaining in any way to the storage, handling, and disposal
of any waste material or used items, and except as permitted by these Acts and Regulations, no
liquid, solid, or gaseous wastes shall be allowed to be discharged into any stream, creek, river,
lake, pond, slough, intermittent drainage channel or other body of water, onto or beneath the
surface of any land, or into the air.
.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 Water Security
Agency. Disposal of liquid, solid, or gaseous waste shall be governed by Acts administered by
the Ministries of Saskatchewan Agriculture, Saskatchewan Environment, Saskatchewan Health
and the Water Security Agency.
SOLID AND LIQUID WASTE DISPOSAL FACILITIES
.1 Municipal and commercial solid or liquid waste disposal facilities are subject to the following
conditions:
a) The facility will be located as near as practical to the source of waste;
Page | 39
b) The facility will have undergone satisfactory review as required by Provincial Authorities for
environmental assessment and operation design;
c) The facilities will be located at least 457 metres (1499 ft) for liquid and solid waste from any
residence or recreational use;
d) The development of any new disposal sites shall take into consideration seasonal winds;
e) Adequate precautions shall be taken to prevent pollution of ground water by disposal
operations;
f) Solid waste disposal facilities shall be located in proximity to an all-weather road; and
g) Council may apply special standards for screening, fencing and reclamation of the site.
OIL AND GAS WELL ACTIVITIES
.1 The Municipality may apply special standards as outlined in The Municipalities Act, 2005, to
protect the municipal interest when transportation, utility, and pipeline facilities cross Municipal
roads, or when seismic activity is proposed on roads or road allowance.
.2 To minimize conflict between natural resource extraction, or oil and gas operations and
surrounding land uses, no development shall be approved within 125 metres (410 ft) of an
existing, proposed, abandoned, or reclaimed well or facility as defined by the Oil and Gas
Conservation Regulations, 2012.
.3 Permanent structures or other improvements (including all temporary structures) are to be
placed at a minimum of 45.7 metres (150 ft) from the centerline of the road and the road
allowance from a surveyed road and a minimum of 91.4 metres (300 ft) from the centre of the
road at intersections.
DEVELOPMENT ALONG PIPELINES AND GAS TRANSMISSION LINES
.1 Any development involving pipeline and/or power line transmission rights-of-way shall be sited
to comply with all relevant Federal and Provincial legislation. Setbacks from pipelines and other
utility corridors shall be in accordance with appropriate Provincial Regulations or Acts and any
regulations or directives established by Crown Corporations. Refer to "Land Use Planning for
Pipelines publication by Canadian Standards Association (CSA) PLUS663", which may be
amended from time to time.
.2 Setbacks from pipelines, for buildings or structures, shall be 12.0 metres (39 ft) except for where
there is more stringent Federal and Provincial regulations I which those regulations apply.
.3 The National Energy Board has designated a "no disturbance" review area of 30.0 metres (98 ft)
on either side of a pipeline in which, subject to exceptions for such things as normal agricultural
activities, anyone proposing to conduct a ground disturbance/excavation must:
a) Ascertain whether a pipeline exists;
b) Notify the pipeline company of the nature and schedule of the excavation; and,
c) Conduct the excavation in accordance with such regulations.
.4 The following Figures provide the setbacks required by the Canadian Standards Association.
Source: Land Use Planning for Pipelines publication by Canadian Standards Association (CSA)
PLUS663.
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Land Use Areas
Example Land Uses along a Pipeline Corridor
DEVELOPMENT ALONG ACTIVE RAILWAYS
.1 Setbacks from active railways, for buildings or structures, shall be 30.0 metres (98 ft) except for
where provisions have been made in consultation with the operator of the railway, a lesser
separation may be considered.
.2 Setback distances will be measured from the mutual property line to the principal building face.
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5. DISCRETIONARY USE STANDARDS FOR DEVELOPMENT
TERMS AND CONDITIONS FOR DISCRETIONARY USE APPROVALS
This Section addresses special provisions and specific development standards that apply to the following
developments. In addition, these standards apply to any standards of the Zoning District. In approving
any discretionary use to minimize land use conflict, Council may prescribe specific development
standards or criteria related to:
Site drainage of storm water;
The location of buildings with respect to buildings on adjacent properties;
Access to, and number and location of parking and loading facilities;
Appropriate space for vehicle movement in order to reduce disruption of traffic flows on
adjacent roadways;
Control of noise, glare, dust, and odour;
Landscaping, screening, and fencing to buffer adjacent properties;
The size, shape, and arranges of buildings, and the placements and arrangement of lighting and
signs;
Prescribed specified time limits for a use that is intended to be temporary or to allow Council to
monitor the impact of a use on surrounding development; and,
Intensity of use.
GENERAL DISCRETIONARY USE EVALUATION CRITERIA
Council will consider the following general criteria, and where applicable, the specific criteria found in
the respective Zoning District, in the assessment of the suitability of an application for a discretionary
use or discretionary form of development.
.1 The proposal must be in conformance with all relevant sections of the District Plan and must
demonstrate that it will maintain the character, density, and purpose of the Zoning District,
where necessary through the provision of buffer areas, separation and screening.
.2 The proposal must be capable of being economically serviced by community infrastructure that
may include roadways, water and sewer services, solid waste disposal, parks, schools, and other
utilities and community facilities.
.3 The proposal will have consideration for the health, safety, convenience or general welfare of
persons residing or working in the vicinity or that it is not injurious to property, improvements
or potential development in the vicinity.
.4 The proposal will have consideration for landscaping and screening, and, wherever possible,
preserve existing vegetation.
.5 No new or expanded discretionary uses are to be located in the 1:500 flood elevations or on
hazard lands without appropriate studies completed by qualified professionals with
accompanying mitigation measures.
.6 The proposal must demonstrate that any additional traffic generated by the use, can be
adequately provided for in the existing parking and access arrangements. Where this is not
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possible further appropriate provisions shall be made so as to ensure no adverse parking or
access effects occur.
.7 Consideration will be given to the presence of activities already located in the area and on the
site, and their effect on the surrounding residential environment, such as the cumulative effect
of locating an activity on a site adjacent to or already accommodating an activity that may
currently generate traffic, noise, etc. not in keeping with the character of the adjacent area.
.8 Consideration will be given to addressing pedestrian safety and convenience both within the
site, and in terms of the relationship to the road network in and around the adjoining area.
.9 All operations must comply with all regulations of Saskatchewan Environment and
Saskatchewan Labour which govern their operation and development.
HOME-BASED BUSINESSES AND OCCUPATIONS
Home-based businesses are subject to the following conditions:
.1 Home-based occupations and businesses will be accommodated provided that they are clearly
secondary to the principal residential use of the dwelling unit, compatible with the surrounding
residential area, and not of a size that provide services or products that would detrimentally
affect the viability of the neighbourhood.
.2 All Business Permits issued for home occupations shall expire one (1) year from the date that
they are issued. Home occupations are subject to the condition that the Permit may be revoked
at any time if, in the opinion of Council, the use is or has become detrimental to the amenities of
adjoining properties and the neighbourhood.
.3 One (1) home occupation shall be allowed per dwelling unit. Home occupations shall be
conducted entirely within the dwelling or accessory building.
.4 One (1) advertising display sign not exceeding 0.5 m2 (5 ft2) in area shall be allowed on the site
or premise from which the home occupation is conducted. No LED or neon signs shall be
allowed.
.5 There shall be no exterior display or storage of any merchandise or material relating to the
home occupation.
.6 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.
.7 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.
.8 Parking: The home occupation shall not cause or add to on-street parking congestion or cause
an increase in traffic through residential zones:
a) No more than one (1) business vehicle, for which off-street parking is provided, shall be
operated in connection with the home occupation.
Page | 43
b) Parking of vehicles of employees hired for off-site jobs shall not be allowed at or in the
vicinity of the dwelling unit.
SECONDARY SUITES
Secondary suites are subject to the following conditions:
.1 Secondary suites may be constructed within a principal, single detached dwelling in a residential
zone. Two (2) secondary suites are permitted on each residential site.
.2 Secondary suites must be located within the principal dwelling and must have a separate
entrance from the principal dwelling either from a common indoor landing or directly from the
exterior of the building. Secondary suites must contain cooking, eating, living, sleeping, and
sanitary facilities.
.3 Secondary suites may not exceed 60 m² (65 ft2) or 35% of the total floor space of the principal
single detached dwelling, including basements, and may not have more than two bedrooms.
MODULAR HOMES
Modular homes are subject to the following conditions:
.1 All modular homes shall be placed on a permanent suitable foundation that meets building
codes at a standard comparable to a single detached dwelling.
a) All modular homes shall complement adjacent and nearby dwellings; and,
b) Shall be skirted around the foundation.
.2 Modular homes shall be permanently connected to water and sewer services provided by the
municipality and permanently connected as available to other public utilities.
BED AND BREAKFAST HOMES
Bed and breakfast homes are subject to the following conditions:
.1 A bed and breakfast home may be located in a detached one (1) unit dwelling or in a semi-
detached dwelling. No exterior alterations shall be undertaken which would be inconsistent with
the residential character of the building or property.
.2 Bed and breakfast homes shall be located in a single detached dwelling used as the operator's
principal residence developed and shall be licensed by the Ministry of Health.
.3 One advertising display sign located on the site or premise advertising the bed and breakfast
home is permitted. The facial area of a sign shall not exceed 0.5 m² (5 ft2).
CHILD DAY CARE CENTRES AND PRE-SCHOOLS
Child day care centres and pre-schools are subject to the following conditions:
.1 Child day care centres and pre-schools may be approved as an accessory use or as a principal
use in their respective Zoning District.
.2 In any Residential District, no exterior alterations shall be undertaken to a dwelling or former
dwelling which would be inconsistent with the residential character of the building or property.
.3 Outdoor play areas shall comply with the Child Care Act, 2000.
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ADULT DAY CARE CENTRES
Adult day care centres are subject to the following conditions:
.1 Adult day care facilities may be approved as an accessory use or as a principal use.
.2 In any Residential District, no exterior alterations shall be undertaken to a dwelling or former
dwelling which would be inconsistent with the residential character of the building or property.
GARDEN SUITES
A single garden suite may be placed in the rear yard of a single-detached residential development under
the following conditions:
.1 There is no secondary suite in the primary residence.
.2 The garden suite dwelling unit is a temporary use and shall be permitted for a five (5) 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.
.3 The floor area of the garden suite dwelling shall not be less than 35 m² (377 ft2) and not greater
than 90 m² (969 ft2).
.4 The maximum height of the garden suite shall not exceed 5.0 metres (16 ft) from grade level and
shall have only one story.
.5 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.
.6 Residents of the garden suite must have access to the rear yard amenities.
.7 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.
.8 A parking space shall be provided on site for the resident(s) of the garden suite dwelling.
.9 There shall be direct and separate access to the garden suite dwelling by on-site driveway, or by
public roadway or alley.
RESIDENTIAL CARE HOMES
Residential care homes are subject to the following conditions:
.1 Residential care homes may be approved as an accessory use or as a principal use in their
respective Zoning District.
.2 In any Residential District, no exterior alterations shall be undertaken to a dwelling or former
dwelling which would be inconsistent with the residential character of the building or property.
.3 No building or structure used for the purpose of a residential care home shall be used for the
purpose of keeping boarders or lodgers.
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CAMPGROUNDS
Campgrounds are subject to the following conditions:
.1 The operator of a campground shall provide the Development Officer with a plan of the
campground, identifying any buildings, uses of land and the location of all roadways and trailer
or tent campsites with dimensions. The addition or rearrangement of campsites, the
construction or moving of buildings, and the 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.
.2 A campground shall have within its boundaries a buffer area abutting the boundary of not less
than 4.5 metres (15 ft) which shall contain no buildings.
.3 The operator of a campground shall designate a campsite for each trailer or tent party, which
shall be less than 150 m2 (1615 ft2) in area with its corners clearly marked.
.4 One permanent sign located on site advertising the campground is permitted per site:
a) The facial area of a sign shall not exceed 0.5 m2 (5 ft2);
b) No sign shall be located in any manner that may obstruct or jeopardize the safety of the
public; and
c) Temporary signs not exceeding 1.0 m2 (11 ft2) advertising the sale or lease of the property or
other information relating to a temporary condition affecting the property are permitted.
.5 No portion of any campsite shall be located within a roadway or required buffer area.
.6 Each campsite shall have direct and convenient access to a developed roadway, which is not
located in any required buffer area.
.7 Each trailer shall be located at least 3.0 metres (10 ft) from any other trailer and each campsite
shall have dimensions sufficient to allow such location of trailers.
.8 The space provided for roadways within a campground shall be at least 7.5 metres (25 ft) in
width. No portion of any campsite, other use, or structure shall be located in any roadway.
.9 A campground may include as accessory uses, a laundromat or confectionary designed to meet
the needs of the occupants of the campsites, and one single detached dwelling for the
accommodation of the operator.
.10 The Public Health Act shall be complied with in respect to all operations and development of the
campground.
ABOVE GROUND FUEL STORAGE TANKS
Above Ground Fuel Storage Tanks are subject to the following conditions:
.1 Above ground fuel storage tanks which meet the standards of the National Fire Code and which
have a maximum capacity of 65,000 liters may be permitted in association with service stations,
gas bars, and other permitted industrial or commercial uses where the dispensing of fuel to
vehicles is a standard aspect of the use.
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.2 The total storage capacity for above ground fuel storage tanks on any single service station or
gas bar site shall not exceed:
a) 150,000 liters for flammable liquids (gasoline);
b) 100,000 liters for combustible liquids (diesel fuel); and
c) 100,000 liters of propane.
.3 Above ground fuel storage tanks shall be:
a) For uses other than service stations and gas bars, located at least 3.0 metres (10 ft) from any
property line or building, the 3.0 metre separation distance may be reduced to 1.0 metre (3
ft) for tanks with a capacity of 5,000 liters or less;
b) For service stations and gas bars, located at least 6.0 metres (20 ft) from any property line or
building;
c) Separated from each other and be accessible for firefighting purposes to the satisfaction of
the Development Officer; and
d) At least 15 metres (49 ft) from the boundary of any site within a Residential District.
.4 For uses other than service stations and gas bars, the dispensing equipment associated with
above ground fuel storage tanks shall be located at least 3.0 metres (10 ft) from any property
line, at least 7.5 metres (25 ft) from any open flame or other ignition source, and at least 4.5
metres (15 ft) from any door or window.
.5 For service stations and gas bars, the dispensing equipment associated with above ground fuel
storage tanks shall be located at least 6.0 metres (20 ft) from any property line, at least 7.5
metres (25 ft) from any open flame or other ignition source, and at least 4.5 metres (15 ft) from
any door or window.
.6 Above ground fuel storage tanks shall be protected from vehicles with suitable posts, guardrails,
or other similar means.
.7 At service stations and gas bars, above ground fuel storage tanks which are located in view of a
front or flanking street shall be landscaped or screened to the satisfaction of the Development
Officer.
.8 The maximum height of an above-ground fuel storage tank shall be limited to the maximum
permitted height of a free-standing sign in the Zoning District.
.9 Painted lettering or other forms of signage may be located on above ground fuel storage tanks
subject to the sign regulations in the Zoning District.
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6. ZONING DISTRCTS AND ZONING MAP
ZONING DISTRICTS
For the purpose of this Bylaw, the Town of Eston 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.
Zoning District
Symbol
Zoning District
Symbol
Residential Single Dwelling
District
R1
Highway Commercial District
C2
Residential Multiple Dwelling
District
R2
Industrial District
IND
Residential Mobile Home District
RMH
Community Service District
CS
Town Centre Commercial
District
C1
Future Urban Development
FUD
ZONING DISTRICT MAP
.1 The map, bearing the statement "This is the Zoning District Map referred to in Bylaw 2017-12
adopted by the Town of Eston", signed by the Mayor and 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.
BOUNDARIES OF ZONING DISTRICTS
.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.
.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.
HOLDING DESIGNATION
.1 Where on the Zoning District Map the symbol for a Zoning District has suffixed to it the holding
symbol "H"; any lands so designated on the map shall be subject to a holding provision in
accordance with Section 71 of The Planning and Development Act, 2007.
.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. R1 - RESIDENTIAL SINGLE DWELLING DISTRICT
The purpose of the Residential Single Dwelling District (R1) is to accommodate primarily single family
detached residential dwellings.
PERMITTED USES
7.1.1 Principal Uses
a) One single detached dwelling, which includes a RTM.
7.1.2 Accessory Uses
a) Uses, buildings, and structure accessory to the foregoing permitted uses and located on the
same site with the main use;
b) Playgrounds and swimming pools.
7.1.3 Public Works and Municipal Facilities
a) Public works buildings and structures excluding offices, warehouses, storage yards and waste
management or sewage facilities.
DISCRETIONARY USES
The following uses may be permitted in the R1 - Residential Single Dwelling District though only by
resolution of Council and only in locations specified in such resolution of Council.
7.2.1 Principal Uses
a) Semi-detached, duplex dwelling;
b) Fourplex, townhouses and other multi-unit dwellings;
c) Modular homes (refer to Section 5.3);
d) Child day care centres (refer to Section 5.5);
e) Adult day care centres (refer to Section 5.6);
f) Residential care homes (refer to Section 5.8).
7.2.2 Accessory Uses
a) Secondary suites (refer to Section 5.2);
b) Home occupations, home-based businesses (refer to Section 5.1);
c) Bed and breakfast homes (refer to Section 5.4).
SITE REGULATIONS
Public works shall have no minimum or maximum site requirements.
Single-Detached, RTM, and Modular Homes
Minimum site area
580.6 m2 (6,250 ft2)
Minimum site
frontage
7.6 metres (25 ft)
Front yard
6 metres (20 ft) minimum
9.1 metres (30 ft) maximum
Minimum rear yard
3.0 metres (10 ft)
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Semi-Detached and Duplex Dwellings
Public Playgrounds and Swimming Pools
Other Discretionary Uses
Minimum side yard
1.2 metres (4 ft)
Minimum site area
464.5 m2 (5000 ft2) where the site is served by a lane, otherwise 603.9 m2
(6500 ft2)
Minimum floor area
46.5 m2 (500 ft2)
Minimum site
frontage
8.5 metres (28 ft) where the lot is served by a lane, otherwise 10.7 metres (35
ft)
Minimum front yard
6.0 metres (20 ft) minimum
9.1 metres (30 ft) maximum
Minimum rear yard
3.0 metres (10 ft)
Minimum side yard
1.2 metres (4 ft)
Minimum site area
No minimum
Minimum floor area
No minimum
Minimum site
frontage
No minimum
Maximum site
coverage
No maximum
Minimum front yard
6.0 metres (20 ft)
Minimum rear yard
No minimum
Minimum side yard
3.0 metres (10 ft)
Minimum site area
464.5 m2 (5000 ft2) where the site is served by a lane, otherwise 603.9 m2
(6500 ft2)
Minimum site
frontage
15.24 metres (50 ft) where the lot is served by a lane, other wise 19.8 metres
(65 ft)
Minimum front yard
6.0 metres (20 ft)
Minimum rear yard
3.0 metres (10 ft)
Page | 50
ACCESSORY BUILDINGS AND STRUCTURES
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 1.2 metres (4 ft) 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; and
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 in a rear or side yard.
FENCE AND HEDGE HEIGHTS
Walls, fences, hedges, or shrubs may be erected, placed, planted, maintained or grown along a lot line in
conformance with the following regulations:
e) No wall, fence, hedge or shrubs located along any lot line, other than those in a required front
yard, shall exceed 2.0 metres (6.56 ft) in height;
f) No wall, fence, hedge, or shrub located along any lot line in a required front yard shall exceed 1
metre (3 ft) in height;
g) In the case of a corner lot, no wall, fence, hedge or shrub shall exceed 0.75 metres (2 ft) in
height in an intersection sight triangle; and
h) In the case of corner lots, no fence, hedge, shrub, or wall shall be placed so as to create a visual
obstruction in an established sight triangle. The sight triangle in a front yard shall not exceed 7.5
metres (25 ft) in length on the corner lot lines (front and both side property lines).
PARKING
Off-street parking requirements shall be provided in accordance with the following:
Minimum side yard
1.2 metres (4 ft) or 25% of the depth whichever is greater.
Minimum
yard setbacks
A minimum 6.0 metres (20 ft) from the front site line, 1.2 metres (4 ft) from the
principal building, and 3.0 metres (10 ft) from the side site line unless the side site line
is an abutting street then the side yard shall be 3.6 metres (12 ft)
Maximum
floor area
All accessory buildings shall not exceed 139 m² (1,500 ft2) in area
Height
Height of accessory buildings shall not exceed 4.0 metres (13 ft) 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 metres (3 ft) from the rear
site line except where an accessory building has a door or doors opening onto a lane
then it shall not be located less than 2.0 metres (7 ft) from the site line abutting the
lane
Page | 51
OUTDOOR STORAGE
.1 No outdoor storage shall be permitted in the required front yard of any residential site.
.2 Council may apply special standards as a condition or for a discretionary use approval regarding
the location of areas used for storage for that use.
.3 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.
.4 Provision shall be made for the owner of the property to temporarily display a maximum of
either one (1) vehicle or two (2) watercraft, recreation vehicle, quad, or camping trailer in
operating condition that is for sale at any given point in time.
DISCRETIONARY USE EVALUATION CRITERIA
.1 All discretionary use applications shall follow the general discretionary use evaluation criteria as
outlined in Section 5.2 and others that are specified in this Zoning District.
.1 Specific Discretionary Use Evaluation Criteria for Semi-Detached, Duplex Dwellings; Fourplex, or
Townhouses; Other Multi-Unit Dwellings:
a. Council shall give consideration to the locations on major streets and that the
development will not cause excessive traffic through existing low density residential
areas.
.2 Specific Discretionary Use Evaluation Criteria for Residential Care Homes:
a. Council will consider if the proposed use maintains the existing residential character
of the neighbourhood.
.3 Off-street parking spaces for adult day care centres, pre-school nurseries, and residential care
facilities shall be located in a side or rear yard if they are adjacent to a site used for residential
purposes.
Single detached, RTM and
modular homes
2 spaces per unit
Semi-detached, duplex and
multi-unit dwellings
2 spaces per unit
Public works
No requirements
Public Playgrounds and
swimming pools
No requirements
Child day care centres and
pre-schools
1 space plus 1 additional space for every 10 persons enrolled in the
facility
Adult day care centres
1 space plus 1 space per 5 persons enrolled in the facility
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8. R2 - MULTIPLE RESIDENTIAL DWELLING DISTRICT
The purpose of the Multiple Residential Dwelling District (R2) is to accommodate a variety of high density
residential development including single detached residences, semi-detached residences, townhouses
and multi-unit dwellings.
PERMITTED USES
8.1.1 Principal Uses
a) One single detached dwelling, which includes a RTM;
b) Semi-detached, duplex dwelling;
c) Townhouses and other multi-unit dwellings;
8.1.2 Accessory Uses
a) Uses, buildings, and structure accessory to the foregoing permitted uses and located on the
same site with the main use;
b) Playgrounds and swimming pools.
8.1.3 Public Works and Municipal Facilities
a) Public works buildings and structures excluding offices, warehouses, storage yards and waste
management or sewage facilities.
DISCRETIONARY USES
The following uses may be permitted in the R2 - Multiple Residential Dwelling District though only by
resolution of Council and only in locations specified in such resolution of Council.
8.2.1 Principal Uses
a) Modular homes (refer to Section 5.3);
b) Mobile homes;
c) Apartment blocks;
d) Child day care centres (refer to Section 5.5);
e) Adult day care centres (refer to Section 5.6);
f) Residential care homes (refer to Section 5.8).
8.2.2 Accessory Uses
a) Secondary suites (refer to Section 5.2);
b) Home occupations, home-based businesses (refer to Section 5.1);
c) Bed and breakfast homes (refer to Section 5.4).
SITE REGULATIONS
Public works shall have no minimum or maximum site requirements.
Single-Detached, RTM, and Modular Homes
Minimum site area
580.6 m2 (6,250 ft2)
Minimum site frontage 7.6 metres (25 ft)
Page | 53
Semi-Detached and Duplex Dwellings
Townhouse and Other Multi-Unit Dwellings
Apartment Block
Minimum front yard
6 metres (20 ft) minimum
9.1 metres (30 ft) maximum
Minimum rear yard
3.0 metres (10 ft)
Minimum side yard
1.2 metres (4 ft)
Minimum site area
260.1 m2 (2800 ft2) where the lot is served by a lane, otherwise 325.2 m2 (3500
ft2)
Minimum floor area
46.5 m2 (500 ft2) per dwelling
Minimum site
frontage
8.5 metres (28 ft) where the lot is served by a lane, otherwise 10.7 metres (35
ft)
Minimum front yard
6 metres (20 ft) minimum
9.1 metres (30 ft) maximum
Minimum rear yard
3.0 metres (10 ft)
Minimum side yard
1.2 metres (4 ft)
Minimum site area
557.4 m2 (6000 ft2)
Maximum site
coverage
40%
Minimum site frontage
8.5 metres (28 ft) where the lot is served by a lane, otherwise 10.7 metres (35
ft)
Minimum floor area
46.5 m2 (500 ft2) per dwelling
Minimum front yard
6.0 metres (20 ft)
Minimum rear yard
6.0 metres (20 ft) or 25% of depth whichever is greater.
Minimum side yard
2.1 metres (7 ft) on the side of each end unit.
Minimum site area
929 m2 (10,000 ft2 )
Minimum floor area
46.5 m2 (500 ft2) per dwelling unit
Minimum site
frontage
4.6 metres (15 ft)
Page | 54
Public Playgrounds and Swimming Pools
Other Discretionary Uses
ACCESSORY BUILDINGS AND STRUCTURES
Maximum site
coverage
50% interior site, 60% corner site
Minimum front yard
6.0 metres (20 ft)
Minimum rear yard
6.0 metres (20 ft) or 25% of the depth whichever is the greater.
Minimum side yard
1.2 metres (4 ft) or one-half the average wall height, whichever is the greater.
Minimum site area
No minimum
Minimum floor area
No minimum
Minimum site
frontage
No minimum
Maximum site
coverage
No maximum
Minimum front yard
6.0 metres (20 ft)
Minimum rear yard
No minimum
Minimum side yard
3.0 metres (10 ft)
Minimum site area
464.5 m2 (5000 ft2) where the site is served by a lane, otherwise 603.9 m2 (6500
ft2)
Minimum site
frontage
15.24 metres (50 ft) where the lot is served by a lane, other wise 19.8 metres (65
ft)
Minimum front yard
6 metres (20 ft)
Minimum rear yard
6 metres (20 ft) or 25% of the depth whichever is greater.
Minimum side yard
3 metres (10 ft) or half the building height whichever is greater.
Minimum yard
setbacks
A minimum 6.0 metres (20 ft) from the front site line, 1.2 metres (4 ft) from the
principal building, and 3.0 metres (10 ft) from the side site line unless the side site
line is an abutting street then the side yard shall be 3.6 metres (12 ft)
Page | 55
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 1.2 metres (4 ft) 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) Temporary, fabric covered structures consisting of wood, metal or plastic framing covered
on the roof and one or more sides with fabric, plastic, vinyl or other sheet material shall be
permitted in a rear or side yard.
FENCE AND HEDGE HEIGHTS
Walls, fences, hedges, or shrubs may be erected, placed, planted, maintained or grown along a lot line in
conformance with the following regulations:
a) No wall, fence, hedge or shrubs located along any lot line, other than those in a required front
yard, shall exceed 2.0 metres (6.56 ft) in height;
b) No wall, fence, hedge, or shrub located along any lot line in a required front yard shall exceed 1
metre (3 ft) in height;
c) In the case of a corner lot, no wall, fence, hedge or shrub shall exceed 0.75 metres (2 ft) in
height in an intersection sight triangle; and
d) In the case of corner lots, no fence, hedge, shrub, or wall shall be placed so as to create a visual
obstruction in an established sight triangle. The sight triangle in a front yard shall not exceed 7.5
metres (25 ft) in length on the corner lot lines (front and both side property lines).
PARKING
Off-street parking requirements shall be provided in accordance with the following:
Maximum floor area
All accessory buildings shall not exceed 139 m² (1500 ft2) in area
Height
Height of accessory buildings shall not exceed 4.0 metres (13 ft) 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 metres (3 ft) from the
rear site line except where an accessory building has a door or doors opening
onto a lane then it shall not be located less than 2.0 metres (7 ft) from the site
line abutting the lane
Single detached, RTM and
modular homes
2 spaces per unit
Page | 56
OUTDOOR STORAGE
.2 No outdoor storage shall be permitted in the required front yard of any residential site.
.3 Council may apply special standards as a condition or for a discretionary use approval regarding
the location of areas used for storage for that use.
.4 Council may require special standards for the location setback or screening of any area devoted
to the outdoor storage of vehicles in operating condition, equipment, and machinery normally
used for the maintenance of the residential property, vehicles or vehicular parts.
.5 Provision shall be made for the owner of the property to temporarily display a maximum of
either one (1) vehicle or two (2) watercraft, recreation vehicle, quad, or camping trailer in
operating condition that is for sale at any given point in time.
SUPPLEMENTARY REGULATIONS
.1 Multiple Unit Dwellings
e) Multiple unit dwelling may be developed where located on a second or higher floor over
office, retail, restaurant, café, and personal service use on the main floor;
f) The parking required for multiple unit dwellings is additional to the parking required for
commercial uses;
g) The suitability of a proposal will be considered with respect to:
i.
Adherence to any concept plan prepared for the proposed development area
including proposed location of all forms of multiple unit dwellings;
ii.
The convenience of parking; and
iii.
Appropriate size and quality of proposed dwelling units.
.2 Dwelling groups are subject to the following additional standards:
a) The minimum side yard of 3.5 metres (11 ft) or half the building height shall be measured
from the closest main wall of the principal building closest to the side site line;
b) All principal buildings forming part of the group shall be located at least 3.5 metres (11 ft)
from any other principal building in the group;
Semi-detached, duplex and
multi-unit dwellings
2 spaces per unit
Public works
No requirements
Public Playgrounds and
swimming pools
No requirements
Child day care centres and
pre-schools
1 space plus 1 additional space for every 10 persons enrolled in the
facility
Adult day care centres
1 space plus 1 space per 5 persons enrolled in the facility
Page | 57
c) The site area shall provide at least 370 m2 (3983 ft2) for each dwelling unit in the group
located at grade level plus 65 m2 (700 ft2) for any dwelling unit located above the main floor;
d) Council may apply special development standards regarding yard requirements to reduce
conflict with neighbouring uses.
DISCRETIONARY USE EVALUATION CRITERIA
.1 All discretionary use applications shall follow the general discretionary use evaluation criteria as
outlined in Section 5.2 and others that are specified in this Zoning District.
.2 Specific Discretionary Use Evaluation Criteria for Apartment Blocks; Residential Care Homes:
a) Council will consider if the proposed use maintains the existing residential character of the
neighbourhood.
.3 Off-street parking spaces for child day cares, adult day care centres, pre-school nurseries,
residential care facilities shall be located in a side or rear yard and be screened if they are
adjacent to a site used for residential purposes.
Page | 58
9. RMH-RESIDENTIAL MOBILE HOME DISTRICT
The purpose of the Residential Mobile Home District (RMH) shall be to accommodate mobile home park
development in a concentrated manner.
PERMITTED USES
9.1.1 Principal Uses
a) One mobile home.
9.1.2 Accessory Uses
a) Uses, buildings, and structures accessory to the foregoing permitted uses and located on the
same site with the main use;
b) Playgrounds and swimming pools.
9.1.3 Public Works and Municipal Facilities
a) Public works, buildings, and structures excluding offices, warehouses, storage yards and waste
management or sewage facilities.
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.
9.2.1 Principal Uses
a) Mobile home parks.
9.2.2 Accessory Uses
a) Home occupations, home-based businesses (refer to Section 5.1);
b) Laundromat.
SITE REGULATIONS
Public works shall have no minimum or maximum site requirements.
Mobile Home Parks
Minimum site area
No minimum
Minimum site frontage
15.0 metres (49 ft)
Minimum site coverage
No minimum
Page | 59
Mobile Home Sites
Discretionary Uses
DEVELOPMENT STANDARDS FOR MOBILE HOMES
.1 All mobile homes must meet the standards set out in CSA Z240 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 Code has be certified
using the Z240 procedure.
.2 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
Eston.
Minimum front yard
7.5 metres (25 ft)
Minimum rear yard
7.5 metres (25 ft)
Minimum side yard
7.5 metres (25 ft)
Minimum site area
371.6 m2 (4000 ft2) where the site is served by a lane, otherwise 464.5 m2 (5000 ft2)
Minimum floor area
46.5 m2 (500 ft2)
Minimum site frontage
12.0 metres (40 ft) where the site is served by a lane, otherwise 15.24 metres (50 ft)
Minimum front yard
4.6 metres (15 ft)
Minimum rear yard
3.0 metres (10 ft)
Minimum side yard
1.2 metres (4 ft)
Minimum site area
449.7 m2 (4840 ft2)
Minimum floor area
No minimum
Minimum site frontage
12.2 metres (40 ft) with a lane, 15.2 metres (50 ft) without a lane
Maximum site coverage
No maximum
Minimum front yard
4.6 metres (15 ft)
Minimum rear yard
3.0 metres (10 ft)
Minimum side yard
1.2 metres (4 ft)
Page | 60
.3 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.
.4 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 in such a
manner as to compensate for vertical movements and to prevent the entrance of rodents and
other small animals.
.5 All mobile homes shall be connected to water and sewer services provided by the municipality
and connected as available to other public utilities.
ACCESSORY BUILDINGS AND STRUCTURES
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 1.2 metres (4 ft) 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) Temporary, fabric covered structures consisting of wood, metal or plastic framing covered on
the roof and one or more sides with fabric, plastic, vinyl or other sheet material shall be
permitted in a rear or side yard.
SIGNAGE
.1 One permanent sign is permitted per site. The facial area of a sign shall not exceed 0.5 m2 (5 ft2).
.2 In the case of a home occupation, an additional permanent sign is permitted in a window of a
dwelling.
Minimum
yard setbacks
Accessory buildings shall comply with the yard requirements for a principal building.
Any building located less than 0.9 metre (3.0 ft) 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
No maximum
Height
Height of accessory buildings shall not exceed 4.0 metres (13 ft) 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 metres (3 ft) from the rear
site line except where an accessory building has a door or doors opening onto a lane
then it shall not be located less than 1.5 metres (7 ft) from the site line abutting the
lane
Page | 61
.3 No sign shall be located in any manner that may obstruct or jeopardize the safety of the public.
.4 Temporary signs not exceeding 1 m2 (11 ft2) advertising the sale or lease of the property or
other information relating to a temporary condition affecting the property are permitted.
FENCE AND HEDGE HEIGHTS
Walls, fences, hedges, or shrubs may be erected, placed, planted, maintained or grown along a lot line in
conformance with the following regulations:
e) No wall, fence, hedge or shrubs located along any lot line, other than those in a required front
yard, shall exceed 2.0 metres (6.56 ft) in height;
f) No wall, fence, hedge, or shrub located along any lot line in a required front yard shall exceed 1
metre (3 ft) in height;
g) In the case of a corner lot, no wall, fence, hedge or shrub shall exceed 0.75 metres (2 ft) in
height in an intersection sight triangle; and
h) In the case of corner lots, no fence, hedge, shrub, or wall shall be placed so as to create a visual
obstruction in an established sight triangle. The sight triangle in a front yard shall not exceed 7.5
metres (25 ft) in length on the corner lot lines (front and both side property lines).
PARKING
Off-street parking requirements shall be provided in accordance with the following:
OUTDOOR STORAGE
.1 No outdoor storage shall be permitted in the required front yard of any residential site.
.2 Council may apply special standards as a condition or for a discretionary use approval regarding
the location of areas used for storage for that use.
.3 No 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.
.4 Council may require special standards for the location setback or screening of any area devoted
to the outdoor storage of vehicles in operating condition, equipment, and machinery normally
used for the maintenance of the residential property, vehicles or vehicular parts.
Mobile homes
1 space per unit
Public works
No requirements
Public playgrounds and
swimming pools
No requirements
Laundromats
1 space per 27.9 m2 (300 ft2) of gross floor area
Places of worship
3 per 10 seats
Page | 62
.5 Provision shall be made for the owner of the property to temporarily display a maximum of
either one (1) vehicle or two (2) watercraft, recreation vehicle, quad, or camping trailer in
operating condition that is for sale at any given point in time.
DISCRETIONARY USE EVALUATION CRITERIA
.1 All discretionary use applications shall follow the general discretionary use evaluation criteria as
outlined in Section 5.2 and others that are specified in this Zoning District.
.2 Specific Discretionary Evaluation Criteria for Laundromats:
a) The location of laundromats will only be favourably considered where it can be
demonstrated that the use and intensity is appropriate to the site and that it will have
minimal impact on the surrounding adjacent areas;
b) Consideration shall be given to the area's municipal servicing capacity.
Page | 63
10. C1 - TOWN CENTRE COMMERCIAL
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.
PERMITTED USES
10.1.1 Principal Uses
a) Banks, credit unions, and other financial institutions;
b) Administrative offices;
c) Barbers, hairdressers, and other similar personal services establishments;
d) Medical, dental, and other health care offices and clinics or health services;
e) Restaurants, cafes, coffee shops, and other similar fast food services;
f) Confectionaries and delicatessens;
g) Storefront retail stores and outlets;
h) Police, ambulance stations;
i)
Storefront bakeries, butcher shops, and similar food processing with on-site retail sales;
j)
Theatres, community services;
k) Commercial and public recreational establishments such as bowling alleys, arcades and fitness
centres;
l)
Licenses premises for the sale and consumption of alcoholic beverages;
m) Outdoor markets and concessions (permanent, seasonal, or occasional);
n) Small-scale repair trades such as tailors, jewelers, art and hand craft shops and studios, crafts
people and similar trades including retail sales of art and craft products;
o) Storefront construction trades without yards.
10.1.2 Accessory Uses
a) Buildings, structures or uses accessory to and located on the same site as the principal building
or permitted use.
10.1.3 Public Works and Municipal Facilities
a) Public works buildings, offices, and structures excluding warehouses, storage yards and waste
management or sewage facilities.
DISCRETIONARY USES
The following may be permitted in the C1 - Town Centre Commercial District though only by resolution
of Council and only in locations specified by such resolution of Council.
10.2.1 Principal Uses
a) Strip malls;
b) Lumber and building supply establishments;
c) Public transportation depots;
d) Community services;
Page | 64
e) Child day care centres (refer to Section 5.5);
f) Adult day care centres (refer to Section 5.6);
g) Rooming house;
h) Animal hospitals, or clinics and offices of veterinary surgeons;
i)
Shops of plumbers, pipe fitters, metal workers, and other industrial trades manufacturing and
sales;
j)
Service stations (refer to Section 5.11);
k) Motor vehicle repair shops;
l)
Car washes;
m) Newspaper offices and printing plants, and services;
n) Funeral homes;
o) Other innovative commercial uses consistent with street level retail and services.
10.2.2 Accessory Uses
a) Dwellings attached to and behind, or above, commercial establishments.
SITE REGULATIONS
Public works shall have no minimum or maximum site requirements.
Commercial Uses
Minimum site area
278.7 m2 (3000 ft2)
Minimum site frontage
7.5 metres (25 ft)
Minimum front yard
No requirement
Minimum side yard
Where the side of a site in any C1-Commercial District abuts any
Residential District without an intervening street or lane, a side yard
of at least 1.2 metres (4 ft) shall be provided.
Minimum rear yard
Where the side of a site in any C1-Commercial District abuts any
Residential District without an intervening street or lane, a side yard
of at least 6 metres (20 ft) shall be provided.
Service Stations
Strip Malls
Minimum site
area
929 m2 (10,000 ft2)
Minimum site
frontage
30.5 metres (100 ft)
Minimum front
yard
7.5 metres (25 ft)
15 metres (49 ft)
Minimum side
yard
1.5 metres (5 ft)
Minimum rear
yard
10% of the depth of the lot
6.0 metres (20 ft)
Height
15.2 metres (50 ft)
Page | 65
Other Discretionary Uses
Minimum site area
235 m2 (2530 ft2)
Minimum site frontage
7.5 metres (25 ft)
Maximum site coverage
75%
Minimum front yard
No requirement
Minimum rear & side
yard
Where the side of a site in any C1-Commercial District abuts any
Residential District without an intervening street or lane, a side yard
of at least 1.2 metres (4 ft) shall be provided.
Height
15.2 metres (50 ft)
ACCESSORY BUILDINGS AND USES
.1 Setbacks for accessory buildings shall meet the same requirements as the principal use or
building.
SIGNAGE
.1 Signs and billboards shall be prohibited in the C1 - Town Centre Commercial except for signs
advertising the principal use of the premises of the principal products offered for sale on the
premises. Permitted signs shall be subject to the following requirements:
a) No sign shall be located in any manner that may obstruct or jeopardize the safety of the
public;
b) No more than one (1) sign shall be permitted on the premises;
c) The facial area of a sign shall not exceed 4.6m2 (50 ft2). Permitted sign may be double faced;
d) The maximum height of any sign shall be 7.5 metres (25 ft);
e) Temporary signs not exceeding 1.0 m2 (11 ft2) advertising the sale or lease of the property or
other information relating to a temporary condition affecting the property are permitted;
and
f) Temporary signs advertising product prices or sales, special events related to retail and
service activities, or advertising community or charity activity or events are permitted.
PARKING
Off-street parking requirements shall be provided in accordance with the following:
Commercial use
No requirements
Rooming house
1 parking space per room available for occupation
Lumber and building
supply establishments
1 space per 50.2 m2 (540 ft2) of gross floor or 1 space per 3
employees, whichever is greater
Page | 66
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 metres (5 ft) in width throughout which shall not be
used for any purpose except landscaping.
DISCRETIONARY USE EVALUATION CRITERIA
.1 All discretionary use applications shall follow the general discretionary use evaluation criteria as
outlined in Section 5.2 and others that are specified in this Zoning District.
.1 Specific Discretionary Use Evaluation Criteria for Accessory Dwelling Units Attached to and
Behind or Above, Commercial Establishments:
a) A maximum of one accessory dwelling unit attached to and behind, or above, a commercial
establishment will be allowed;
b) Council will favourably consider an accessory dwelling where it is located in the principal
building with the front of the building at grade level always remaining a commercial use;
and,
c) Council will only consider accessory dwellings that have a main entrance that is separate
from that of the commercial establishment.
.2 Specific Discretionary Use Evaluation Criteria for Construction Trades; Lumber Yards; Light
Manufacturing; Welding and Machine Shops:
a) The location of the use will only be favourably considered where it can be demonstrated
that the use and intensity is appropriate to the site and that it will have minimal impact on
surrounding adjacent areas. Consideration may be given, but is not limited to, the following
effects:
i.
Municipal servicing capacity;
ii.
Anticipated levels of noise, odour, smoke, fumes, dust, lighting, glare, vibration, and
other emissions emanating from the operation;
iii.
Anticipated increased levels or types of vehicle traffic, unsafe conditions or
situations for vehicles, cyclists, or pedestrians; and,
iv.
Utilized for hazardous substances.
b) Consideration shall be given to the location of entry and exit points to the site and their
interrelation with existing intersections or land constraints.
.3 Specific Discretionary Use Evaluation Criteria for Funeral Homes:
a) Council shall favorably consider the location of the proposed use on a lot that abuts a major
(Primary or Secondary) street, as identified in the Official Community Plan "Transportation
Hierarchy" Reference Map.
All other uses
No requirements
Page | 67
11. C2 - HIGHWAY COMMERCIAL DISTRICT
The purpose of the Highway Commercial District (C2) is to facilitate a wide range of commercial and
related activities located along the Highways.
11.1 PERMITTED USES
11.1.1 Principal 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 restaurants;
d) Licensed premises for the sale and consumption of alcoholic beverages;
e) Strip malls;
f) Commercial and public recreational establishments such as bowling alleys, arcades and fitness
centres;
g) Car wash;
h) Service stations and other establishments for the servicing, storage, and sale of motor vehicles,
trailers, recreation, or farm machinery and equipment;
i)
Garden centres or commercial greenhouses;
j)
Lumber and building supply establishments;
k) Tourism oriented commercial recreation activities;
l)
Police, ambulance stations.
11.1.2 Accessory Uses
a) Accessory uses including integrated or complementary uses, buildings or structures accessory to
and located on the same site as the principal building or use.
11.1.3 Public Works and Municipal Facilities
a) Public works offices, buildings, structures and warehouses excluding waste management or
sewage facilities.
11.2 DISCRETIONARY USES
The following uses may be permitted in the C2 - Highway Commercial District though only by resolution
of Council and only in locations specified in such resolution of Council.
11.2.1 Principal Uses
a) Tourist campgrounds;
b) Public transportation depots;
c) Animal hospitals or clinics and offices of veterinary surgeons;
d) Construction trades and contractor's yards;
Page | 68
e) Shops of plumbers, pipe fitters, metal workers and other industrial trades manufacturing and
sales;
f) Auto body shops;
g) Campground including recreational vehicle park;
h) Rooming house;
i)
Agricultural implement, motor vehicle, recreational vehicle, and/or mobile home sales and
servicing and/or storage compound;
j)
Semi-trailer and container parking lot, including sea containers.
11.3 PROHIBITED USES
a) Aggregate materials, storage, or handling operations;
b) Abattoirs.
11.4 SITE REGULATIONS
Public works shall have no minimum or maximum site requirements.
Permitted Uses
Minimum site area
1161.3 m2 (12,500 ft2)
Minimum site frontage
30.5 metres (100 ft)
Maximum site coverage
75%
Minimum front yard
3.0 metres (10 ft)
Minimum side yard
Where the side of a site in any C2-Highway Commercial District abuts
any Residential District without an intervening street or lane, a side
yard of at least 1.2 metres (4 ft) shall be provided.
Minimum rear yard
Where the side of a site in any C2-Commercial District abuts any
Residential District without an intervening street or lane, a side yard
of at least 6 metres (20 ft) shall be provided.
Hotels, Motels
All Other Uses
Minimum site area
1742.0 m2 (18,750 ft2)
1161.3 m2 (12,500 ft2)
Minimum site
frontage
45.7 m2
(150 ft2)
30.5 metres (100 ft)
Minimum front
yard
15.24 metres (50 ft)
3.0 metres (10 ft)
Minimum side yard
Where the side of a site in any C2-Highway Commercial District abuts any
Residential District without an intervening street or lane, a side yard of at
least 1.2 metres (4 ft) shall be provided.
Minimum rear yard
Where the side of a site in any C2-Commercial District abuts any
Residential District without an intervening street or lane, a side yard of at
least 6 metres (20 ft) shall be provided.
Height
15.2 metres (50 ft) for principal buildings
Page | 69
11.5 ACCESSORY BUILDINGS AND USES
.2 Setbacks for accessory buildings shall meet the same requirements as the principal use or
building.
.3 Temporary, fabric covered structures consisting of wood, metal or plastic framing covered on
the roof and one or more sides with fabric, plastic, vinyl or other sheet material shall be
permitted in a rear or side yard.
11.6 FENCE AND HEDGE HEIGHTS
.1 In the case of corner lots, no fences, hedge or shrubs shall be places so as to create a visual
obstruction in an established sight triangle.
.2 The use of electrified or barb wire as a fencing material within the town limits must be approved
by Town Council.
11.7 LANDSCAPING
.1 A landscaped strip of not less than 3.0 metres (10 ft) in width throughout lying, parallel, and
abutting the front site line, shall be provided on every site.
.2 On corner lots, in addition to the landscaping required in the front yard, the whole of any
required side yard abutting the flanking street shall be landscaped.
.3 Where a site abuts any Residential or Community Service District without an intervening lane,
there shall be a strip of land adjacent to the abutting site line of not less than 3.0 metres (10 ft)
in width throughout which shall not be used for any purpose except landscaping.
11.8 PARKING
Off-street parking requirements shall be provided in accordance with the following:
11.9 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 m2 (183 ft2). Doors
located in side yards shall not be used for delivery purposes.
Strip malls
1 parking space for each 50.2 m² (540 ft2) of floor area
Stores and offices
1 parking space for every 50 m² of gross floor area
Restaurants, other eating
places
1 parking space for every 10 seats provided for patrons
Motels, motor hotels or
rooming houses
1 parking space for each unit
Service stations
1 ½ parking spaces for each service bay
All other uses
1 parking space for each 74.3 m² (800 ft2) of building floor area
Page | 70
11.10 SIGNAGE
.1 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) No sign shall be located in any manner that may obstruct or jeopardize the safety of the
public;
b) No more than two (2) signs shall be permitted on the premises;
c) The facial area of a sign shall not exceed 4.6 m2 (50 ft2). Each sign may be double faced;
d) The maximum height of any sign shall be 7.5 metres (25 ft);
e) Temporary signs not exceeding 1.0 m2 (11 ft2) advertising the sale or lease of the property or
other information relating to a temporary condition affecting the property are permitted;
and
f) Temporary signs advertising product prices or sales, special events related to retail and
service activities, or advertising community or charity activity or events are permitted.
11.11 OUTDOOR STORAGE
.1 No outdoor storage shall be permitted in the required front yard of any commercial or industrial
site.
.2 Council may apply special standards as a condition, or for a discretionary use approval,
regarding the location of areas used for storage for that use.
.3 No 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.
11.12 DISCRETIONARY USE EVALUATION CRITERIA
.1 All discretionary use applications shall follow the general discretionary use evaluation criteria as
outlined in Section 5.2 and others that are specified in this Zoning District.
.2 Specific Discretionary Use Evaluation Criteria for Strip Malls:
a) Council will favorably consider the proposed use where it can be demonstrated that it is
primarily for pedestrian use and accessible to the public from both the street and from the
development;
b) Council will consider the appropriate separation to other uses that may be incompatible
with Shopping Centre/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 shopping centre/strip mall. Ingress and egress
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 5602.1 m² (60,300 ft2)
Page | 71
points shall be designed to minimize conflict with adjacent land uses and not pose a safety
hazard; and
d) Other criteria may include the street façade, main street entrance, windows along the street
and the relaxation of on-site parking requirements; and
.3 Specific Discretionary Use Evaluation Criteria for Construction Trades and Contractor's Yards;
Shops of Plumbers, Pipe Fitters, Metal Workers and Other Industrial Trades Manufacturing
and Sales; Auto body Shops:
a) The location of the use will only be favourably considered where it can be demonstrated
that the use and intensity is appropriate to the site and that it will have minimal impact on
surrounding adjacent areas. Consideration may be given, but is not limited to, the following
effects;
i.
Municipal servicing capacity;
ii.
Anticipated levels of noise, odour, smoke, fumes, dust, lighting, glare, vibration and
other emissions emanating from the operation;
iii.
Anticipated increased levels or types of vehicle traffic, unsafe conditions or situations
for vehicles, cyclists, or pedestrians; and
iv.
Utilization of hazardous substances.
b) Consideration shall be given to the location of entry and exit points to the site and their
interrelation with existing intersections or land constraints.
.4 Specific Discretionary Use Evaluation Criteria for Rooming House:
a) Council will favourably consider a rooming house that is contained within a single-detached
or semi-detached (both halves must be a rooming house) dwelling.
.5 Specific Discretionary Use Evaluation Criteria for Agriculture Implement, Motor Vehicle,
Recreational Vehicle and/or Mobile Home Sales Storage Compound; Semi-Trailer and
Container Parking Lots including Sea Containers
a) Council will favourably consider the proposed use where it is located in an area of low-
visibility, and screened to avoid any adverse visual impact.
.6 Sites used for discretionary uses which may result in heavy truck traffic shall be located to
ensure that such traffic takes access to or from major streets or designated truck routes.
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12. IND - INDUSTRIAL DISTRICT
The purpose of the Industrial District (IND) is to provide areas for industrial activities which have
moderate potential for conflict with adjacent land uses.
12.1 PERMITTED USES
12.1.1 Principal Uses
a) Business and/or professional offices;
b) Industrial parks containing a combination of permitted uses;
c) Indoor repair, rental, servicing, storage, wholesale of any commodity and/or retail sales of any
goods, materials and/or commodities excluding hazardous materials;
d) Manufacturing, fabricating processing, assembly, finishing, production or packaging of materials,
goods, or products that are not noxious;
e) Construction trades and contractors' yards;
f) Shops of plumbers, pipe fitters, metal workers and other industrial trades manufacturing and
sales;
g) Service stations and commercial Cardlock operations;
h) Auto body shops;
i)
Construction and other contractors, industrial trades, workshops, yards, plants and/or offices;
j)
Warehousing and supply depots;
k) Farm and industrial machinery equipment and vehicle sales and service;
l)
Trucking operations, semi-trailer and container parking, lot;
m) Oilfield supply and servicing establishments;
n) Lumber and building supply establishments;
o) Construction of RTM homes or agricultural building assembly area;
p) Motor vehicle, recreational vehicle and/or mobile home sales and servicing and/or storage
compound;
q) Commercial recycling depots.
12.1.2 Accessory Uses
a) 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.
12.1.3 Public Works and Municipal Facilities
a) Public works offices, buildings, structures and warehouses excluding waste management or
sewage facilities.
12.2 DISCRETIONARY USES
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The following uses may be permitted in the IND - Industrial District though only by resolution of Council
and only in locations specified in such resolution of Council.
12.2.1 Principal Uses
a) Bulk petroleum sales and storage;
b) Auction marts without livestock sales;
c) Salvage yards and auto wreckers;
d) Meat processing plants/abattoirs;
e) Tanneries and hide storage;
f) Fertilizer sales and storage;
g) Grain elevators, feed mills, seed cleaning plants;
h) Foundry works;
i)
Cement manufacturing;
j)
Veterinary hospitals;
k) Aggregate material storage or handling operations.
12.3 SITE REGULATIONS
Public works shall have no minimum or maximum site requirements.
Permitted and Discretionary Uses
Minimum site area
464.5 m2 (5,000 ft2)
Minimum site frontage
15.24 metres (50 ft)
Minimum front yard
3.0 metres (10 ft)
Minimum side yard
None
Minimum rear yard
1.2 metres (4 ft) however no rear yard is required if abutting a railway
Height
15.2 metres (50 ft) for principal buildings
Service Stations and Commercial Cardlock
Minimum site area
929 m2 (10,000 ft2)
Minimum site frontage
30.5 metres (100 ft)
Minimum front yard
3.0 metres (10 ft)
Minimum side yard
None
Minimum rear yard
1.2 metres (4 ft) however no rear yard is required if abutting a railway
Height
15.2 metres (50 ft) for principal buildings
12.4 ACCESSORY BUILDINGS AND USES
.1 Setbacks for accessory buildings shall meet the same requirements as the principal use or
building.
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.2 Temporary, fabric covered structures consisting of wood, metal, or plastic framing covered on
the roof and one or more sides with fabric, plastic, vinyl, or other sheet materials shall be
permitted in a required rear yard.
12.5 FENCE AND HEDGE HEIGHTS
.1 In the case of corner lots, no fences, hedges or shrubs shall be places so as to create a visual
obstruction in an established sight triangle.
.2 The use of electrified or barb wire as a fencing material within the town limits must be approved
by town council.
12.6 LANDSCAPING
.1 A landscaped strip of not less than 3.0 metres (10 ft) in width throughout lying, parallel, and
abutting the front site line, shall be provided on every site.
.2 On corner lots, in addition to the landscaping required in the front yard, the whole of any
required side yard abutting the flanking street shall be landscaped.
.3 Where a site abuts any Residential or Community Service District without an intervening lane,
there shall be a strip of land adjacent to the abutting site line of not less than 3.0 metres (10 ft)
in width throughout which shall not be used for any purpose except landscaping.
12.7 PARKING
Off-street parking requirements shall be provided in accordance with the following:
12.8 LOADING REQUIREMENTS
Where the use of a building or site involves the receipt, distribution, or dispatch by vehicles of materials,
goods or merchandise, adequate space for such vehicles to stand for loading and unloading shall be
provided on the site. The minimum area of an individual loading space shall be 16.7 m2 (180 ft2).
12.9 SIGNAGE
Warehouses or
manufacturing
1 parking space for each 92.9 m² (1000 ft2) of gross floor area
Principal buildings
1 parking space for every 50.2 m² (540 ft2) of gross floor area, or 1
parking space for each 1.5 employee, whichever is greater
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 5602.1 m² (60,300 ft2)
Page | 75
.1 Signs and billboards shall be prohibited in the IND - Industrial District except for signs advertising
the principal use of the premises or the principal products offered for sale on the premises.
Permitted signs shall be subject to the following requirements:
a) No sign shall be located in any manner that may obstruct or jeopardize the safety of the
public;
b) No more than two (2) signs shall be permitted on the premises;
c) The facial area of a sign shall not exceed 4.6 m2 (50 ft2). Each sign may be double faced;
d) The maximum height of any sign shall be 7.5 metres (25 ft);
e) Temporary signs not exceeding 1.0 m2 (11 ft2) advertising the sale or lease of the property or
other information relating to a temporary condition affecting the property are permitted;
and
f) Temporary signs advertising product prices or sales, special events related to retail and
service activities, or advertising community or charity activity or events are permitted.
12.10 OUTDOOR STORAGE
.1 No outdoor storage shall be permitted in the required front yard of any commercial or industrial
site.
.2 No yard shall be used for the storage or collection of hazardous material.
.3 Council may 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.
.4 All outside storage shall be fenced and where the area abuts a residential area all junk yards and
auto wrecking yards shall be totally enclosed by a sturdy fence built to a minimum height of 2.0
metres (7 ft) and constructed of material suitable to conceal from view of the materials stored
on the site. No materials shall be stacked above the height of the fence.
.5 All automobile parts, dismantled vehicles, storage drums and crates, stockpiled material, and
similar articles and materials shall be stored within a building or shall be suitably screened from
public view.
12.11 DISCRETIONARY USE EVALUATION CRITERIA
.1 All discretionary use applications shall follow the general discretionary use evaluation criteria as
outlined in Section 5.2 and others that are be specified in this Zoning District.
.2 Specific Discretionary Use Evaluation Criteria for Salvage Yards and Auto Wrecker Operations
a) All salvage yards will be favourably considered where it can be demonstrated that is can be
totally hidden from the view of the travelling public, provincial highways ,any public road
and adjacent residential development by utilizing any of the following measures;
i.
Distance and careful location;
ii.
natural or planted vegetation;
iii.
An earth berm, an opaque fence; and
iv.
A building or other appropriate methods approved by Council.
Page | 76
.3 Specific Discretionary Use Evaluation Criteria for Seed Cleaning Plants, Feed Mills and Flour
Mills; Fertilizer Sales and Storage; Cement Manufacturing; and Aggregate Material Storage or
Handling Operations
a) The location of the use will only be favorably considered where it can be demonstrated that
the use and intensity is appropriate to the site and that it will have a minimal impact on the
surrounding, adjacent areas. Consideration may be given to:
i.
Municipal servicing capacity;
ii.
Anticipated levels of noise, odour, smoke, fumes, dust, lighting, glare, vibration and
other emissions emanating from the operation;
iii.
Anticipated increased levels or types of vehicle traffic, unsafe conditions or
situations for vehicles, cyclists, or pedestrians; and
iv.
Utilized for hazardous substances.
b) The designated truck access routes will not be primarily through residential areas.
12.12 PERFORMANCE STANDARDS
.1 An industrial operation including production, processing, cleaning, testing, repairing, storage or
distribution of any material shall conform to the following standards:
a) Noise - emit no noise of industrial production audible beyond the boundary of the lot on
which the operation takes place;
b) Smoke - no process involving the use of solid fuel is permitted;
c) Dust or ash - no process involving the emission of dust, 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; and
i)
The onus of proving to Council's satisfaction that a proposed development does and will
comply with these requirements rests with the developer.
Page | 77
Page | 78
13. CS - COMMUNITY SERVICE DISTRICT
The purpose of the Community Service District (CS) is to provide areas for a wide range of community
service related activities including social, recreational, institutional, parks, and public service.
PERMITTED USES
13.1.1 Principal Uses
a) Elementary, high schools, and other educational facilities;
b) Lodges, social clubs, service clubs;
c) Municipal offices, libraries, historic and cultural institutions, community halls;
d) Places of worship and assembly halls;
e) Child day care centres;
f) Adult day care centres;
g) Health facilities and special care homes;
h) Accessory buildings, structures and uses located on the same site with the main use;
i)
Recreational - sports fields, parks, playgrounds, curling rinks, skating rinks, tennis courts, lawn
bowling greens, swimming pools, and other similar uses. More than one recreational use may be
permitted per site;
j)
Natural and nature-like open areas;
k) Community operated campgrounds;
l)
Community gardens;
m) Golf courses;
n) Pedestrian trails and bicycle pathways;
o) Skateboard parks or bmx bike-terrain;
p) Scenic lookout and interpretation facilities, rest stops, and other public trail facilities.
13.1.2 Accessory 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.
13.1.3 Public Works and Municipal Facilities
a) 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.
SITE REGULATIONS
Public works shall have no minimum or maximum site requirements.
Permitted Uses
Minimum site area
464.5 m2 (5000 ft2) where the site is served by a lane, otherwise 603.9
m2 (6500 ft2)
Minimum site frontage
15.24 metres (50 ft) where the lot is served by a lane, other wise 19.8
metres (65 ft)
Minimum front yard
6.0 metres (20 ft)
Minimum rear yard
6.0 metres (20 ft) or 25% of the depth whichever is greater
Minimum side yard
3.0 metres (10 ft) or half the building height whichever is greater
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Elementary and Secondary Schools
Minimum site area
No minimum requirement
Minimum site frontage
60.0 metres (197 ft)
Site coverage
75%
Minimum front yard
6.0 metres (20 ft)
Minimum rear yard
6.0 metres (20 ft) or 25% of the depth whichever is greater
Minimum side yard
3.0 metres (10 ft) or half the building height whichever is greater
Skating, Curling Rinks, and Swimming Pools
Minimum site area
1200 m² (12917 ft2)
Minimum site frontage
20.0 metres (66 ft)
Minimum front yard
6.0 metres (20 ft)
Minimum rear yard
6.0 metres (20 ft) or 25% of the depth whichever is greater
Minimum side yard
3.0 metres (10 ft) or half the building height whichever is greater
ACCESSORY BUILDINGS AND USES
Minimum front yard
7.5 metres (25 ft)
Principal building
All accessory buildings shall be set back 1.2 metres (4 ft) from the
principal building
Minimum rear yard
0.8 metres (3 ft) unless the side site line is an abutting a street in
which case the side yard shall be 3.6 metres (12 ft)
Minimum side yard
All accessory buildings with a door or doors opening onto a lane shall
not be located less than 2.0 metres (7 ft) from the site line abutting
the lane
SIGNAGE
.1 Signs and billboards shall be prohibited in the CS - Community Service District except for signs
advertising the principal use of the premises or the principal products offered for sale on the
premises. Permitted signs shall be subject to the following requirements:
a) No sign shall be located in any manner that may obstruct or jeopardize the safety of the
public;
b) No more than two (2) signs shall be permitted on the premises;
c) The facial area of a sign shall not exceed 4.6 m2 (50 ft2). Each sign may be double faced;
d) The maximum height of any sign shall be 7.5 metres (25 ft);
e) Temporary signs not exceeding 1.0 m2 (11 ft2) advertising the sale or lease of the property or
other information relating to a temporary condition affecting the property are permitted;
f) Temporary signs advertising product prices or sales, special events related to retail and
service activities, or advertising community or charity activity or events are permitted.
Page | 80
PARKING
Off-street parking requirements shall be provided in accordance with the following:
LANDSCAPING
.1 A landscaped strip of not less than 3.0 metres (10 ft) in width throughout lying, parallel, and
abutting the front site line, shall be provided on every site.
.2 On corner lots, in addition to the landscaping required in the front yard, the whole of any
required side yard abutting the flanking street shall be landscaped.
.3 Where a site abuts any Residential or Community Service District without an intervening lane,
there shall be a strip of land adjacent to the abutting site line of not less than 3.0 metres (10 ft)
in width throughout which shall not be used for any purpose except landscaping.
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 in grades 10, 11 and 12
Churches and places of
assembly
1 parking space for each 50.2 m² (540 ft2) of floor area
Special care homes
1 parking space for each bed
Institutional buildings,
private clubs and lodges
1 parking space for each 50.2 m² (540 ft2) of floor area
Recreational buildings,
sports facilities and fields
1 parking space for each of every ten patrons or seats
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14. FUD - FUTURE URBAN DEVELOPMENT DISTRICT
The purpose of the Future Urban Development District (FUD) is to limit development that may affect the
future growth of the Town by providing temporary and transitional uses and activities.
14.1
PERMITTED USES
14.1.1 Principal Uses
a) Commercial greenhouses, market gardens, and sod farms;
b) Recreational uses and sports grounds;
c) Recreational vehicle storage yards.
14.1.2 Accessory Uses
a) Agricultural crop production and horticultural uses and buildings and structures customarily
accessory to the use;
b) Uses, buildings and structures accessory to the principal building or use.
14.1.3 Public Works and Municipal Facilities
a) Public works buildings and structures including offices, warehouses, storage, yards, and waste
management or sewage facilities.
14.2 DISCRETIONARY USES
The following uses may be permitted in the FUD - Future Urban Development District though only by
resolution of Council and only in locations specified in such resolution of Council.
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) Cemeteries.
14.3 SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements.
Permitted Uses
Minimum site area
Existing, no subdivision
Minimum site frontage
61.0 metres (200 ft) abutting a highway or 6.0 metres (20 ft) abutting a
street
Minimum front yard
15.2 metres (50 ft) unless the property abuts a municipal road, then the
setback is 61.0 metres (200 ft) from the centerline of the municipal road
Minimum side yard
7.5 metres (25 ft) for dwelling and buildings accessory thereto, except the
minimum side yard abutting a public street shall be 9.1 metres (30 ft)
Minimum rear yard
9.1 metres (30 ft) for dwellings and buildings accessory thereto except
that the minimum rear yard abutting a public street shall be 30.5 metres
(100 ft)
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14.4 SIGNAGE
.1 Signs and billboards shall be prohibited in the FUD - Future Urban Development District except
for signs advertising the principal use of the premises or the principal products offered for sale
on the premises. Permitted signs shall be subject to the following requirements:
a) No sign shall be located in any manner that may obstruct or jeopardize the safety of the
public;
b) No more than two (2) signs shall be permitted on the premises;
c) The facial area of a sign shall not exceed 3.7 m2 (40 ft2). Each sign may be double faced;
d) Temporary signs not exceeding 1.0 m2 (11 ft2) advertising the sale or lease of the property or
other information relating to a temporary condition affecting the property are permitted;
and
e) Temporary signs advertising product prices or sales, special events related to retail and
service activities, or advertising community or charity activity or events are permitted.
14.5 SUPPLEMENTARY REGULATIONS
.1 Council will consider applications for a discretionary use with respect to the following criteria:
a) The infrastructure servicing capacity is available to service the development without
excessive impact on other uses being served by the system;
b) The proposed development will be consistent with any concept plans in force in the area
and will not be inconsistent with the future use and development plans of the Official
Community Plan; and
c) The development will not require the development of new streets and utility lines except as
may be provide for in existing plans under the Official Community Plan and that the
proposal is not premature.
.2 Where a development is proposed at a location at which standard connection to the Town's
existing sewer and water system is not feasible, the developer shall at their expense, provide
suitable water supply and sewage disposal facilities for that development acceptable to Council
and that meets The Public Health Act and Regulations requirements. Domestic waste disposal
systems located on the site and serving only the principal use will be a permitted use to that
principal use.
.3 Any building or structure used for the habitation or shelter of animals permitted in this Zoning
District shall be located a minimum distance of 76.2 metres (250 ft) from an occupied dwelling
situated on an adjoining site.
14.6 DISCRETIONARY USE EVALUATION CRITERIA
.1 All discretionary use applications shall follow the general discretionary use evaluation criteria as
outlined in Section 5.2 and others that are specified in this Zoning District.
.2 Specific Discretionary Use Evaluation Criteria for Cemeteries:
a) The location of cemeteries will only be favourably considered where it can be demonstrated
that the use and intensity is appropriate to the site and that it will have minimal impact on
the surrounding, adjacent areas.
ZONING DISTRICT MAP