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TOWN OF FOAM LAKE
ZONING BYLAW
Prepared for:
THE TOWN OF FOAM LAKE
Prepared by:
CROSBY HANNA & ASSOCIATES
LANDSCAPE ARCHITECTURE AND COMMUNITY PLANNING
SASKATOON, SK
APRIL 2019
THE TOWN OF FOAM LAKE
ZONING BYLAW
A Bylaw of the Town of Foam Lake to adopt a Zoning Bylaw.
The Council of the Town of Foam Lake, in the Province of Saskatchewan, in open meeting assembled
enacts as follows:
(1)
Pursuant to Section 34(1) of The Planning and Development Act, 2007 the Council of the Town
of Foam Lake hereby adopts the Town of Foam Lake Zoning Bylaw, identified as Schedule "A"
to this Bylaw.
(2)
The Mayor and Chief Administrative Officer are hereby authorized to sign and seal Schedule "A"
which is attached to and forms part of this Bylaw.
(3)
Bylaw No. 13/99, the Zoning Bylaw, and all amendments thereto, are hereby repealed.
(4)
This Bylaw shall come into force on the date of final approval by the Minister of Government
Relations.
Read a First Time the
_______ day of _____________________,
__________
Read a Second Time the
_______ day of _____________________,
__________
Read a Third Time the
_______ day of _____________________,
__________
Adoption of the Bylaw this _______ day of _____________________,
__________
__________________________________________
(Mayor)
SEAL
__________________________________________
(Chief Administrative Officer)
Certified a True Copy of the Bylaw adopted by Resolution of Council
On the _________
day of _____________________,
of the year
__________
THE TOWN OF FOAM LAKE
ZONING BYLAW
Being Schedule "A" to Bylaw No. ____________
of the Town of Foam Lake
______________________________________
(Mayor)
SEAL
______________________________________
(Chief Administrative Officer)
TABLE OF CONTENTS
1 INTRODUCTION ............................................................................................. 1
1.1
Title ............................................................................................................................................... 1
1.2
Scope ............................................................................................................................................. 1
1.3
Purpose .......................................................................................................................................... 1
1.4
Severability ................................................................................................................................... 1
2 INTERPRETATION ............................................................................................ 3
3 ADMINISTRATION ........................................................................................ 25
3.1
Development Officer................................................................................................................... 25
3.2
Development Permits .................................................................................................................. 25
3.3
Development Permit Application Requirements ........................................................................ 26
3.4
Development Permit Application Process .................................................................................. 27
3.5
Development Appeals Board ...................................................................................................... 28
3.6
Right of Appeal ........................................................................................................................... 28
3.7
Minor Variances .......................................................................................................................... 28
3.8
Non-conforming Uses, Buildings and Sites ................................................................................ 29
3.9
Discretionary Use Applications .................................................................................................. 29
3.10
Amending the Zoning Bylaw ...................................................................................................... 35
3.11
Contract Zoning .......................................................................................................................... 36
3.12
Fees ............................................................................................................................................. 36
3.13
Zoning Compliance, Offences and Penalties .............................................................................. 37
4 GENERAL REGULATIONS ............................................................................... 39
4.1
Licences, Permits and Compliance with Other Bylaws and Legislation .................................... 39
4.2
Building Lines ............................................................................................................................. 39
4.3
Number of Principal Buildings Permitted on a Site .................................................................... 39
4.4
Height Restrictions ...................................................................................................................... 39
4.5
Visibility Clearance at Intersections (Sight Triangles) ............................................................... 39
4.6
Required Yards and Open Space ................................................................................................ 39
4.7
Bare Land Condominiums .......................................................................................................... 41
4.8
Fences ......................................................................................................................................... 41
4.9
Accessory Buildings and Structures ........................................................................................... 41
4.10
Off-Street Parking and Loading .................................................................................................. 45
4.11
Signs ............................................................................................................................................ 50
4.12
Landscaping ................................................................................................................................ 54
4.13
Servicing ..................................................................................................................................... 55
4.14
Storage of Materials and Unlicensed or Inoperative Vehicles .................................................... 56
4.15
Outside Storage and Waste Material Storage .............................................................................. 56
4.16
Development on Hazard Lands ................................................................................................... 56
4.17
Buildings or Uses Occupying More than One Lot ...................................................................... 57
4.18
Frontage on Road ........................................................................................................................ 57
4.19
Building to Be Moved ................................................................................................................. 57
4.20
Demolition of Buildings.............................................................................................................. 57
4.21
Excavation, Stripping and Grading ............................................................................................. 58
4.22
Water ........................................................................................................................................... 58
4.23
Lighting of Sites .......................................................................................................................... 58
4.24
Prohibited Uses ........................................................................................................................... 58
4.25
Storage of Chemicals, Fertilizers and Combustible materials .................................................... 59
5 SPECIAL REGULATIONS AND STANDARDS .................................................... 61
5.1
Above-Ground Fuel Storage Tanks ............................................................................................ 61
5.2
Adult Day Care Facilities, Residential Care Facilities and Custodial Care Facilities ................ 62
5.3
Bed and Breakfast Homes ........................................................................................................... 62
5.4
Bulk Petroleum Sales and Storage and Bulk Fertilizer Sales and Storage .................................. 62
5.5
Day Care Centres and Pre-Schools ............................................................................................. 62
5.6
Dwelling Groups ......................................................................................................................... 63
5.7
Dwelling Units Attached To and In Conjunction with any Permitted Use ................................. 63
5.8
Family Child Care Homes........................................................................................................... 63
5.9
Garden and Garage Suites ........................................................................................................... 63
5.10
Home Based Businesses.............................................................................................................. 65
5.11
Junk and Salvage Yards and Auto Wreckers .............................................................................. 65
5.12
Light Manufacturing ................................................................................................................... 66
5.13
Manufactured Home Courts ........................................................................................................ 66
5.14
Multiple Unit Dwellings ............................................................................................................. 66
5.15
Parking Lots ................................................................................................................................ 67
5.16
Secondary Suites ......................................................................................................................... 67
5.17
Service Stations and Gas Bars .................................................................................................... 68
5.18
Shopping Centres and Malls ....................................................................................................... 68
5.19
Solar Panels and Collectors......................................................................................................... 69
5.20
Geothermal Energy Systems ....................................................................................................... 69
6 ZONING DISTRICTS ...................................................................................... 71
6.1
Classification of Zoning Districts ............................................................................................... 71
6.2
The Zoning District Map............................................................................................................. 71
6.3
Boundaries of Zoning Districts ................................................................................................... 71
6.4
Zoning Districts .......................................................................................................................... 72
6.5
Transitional Zoning Provisions ................................................................................................... 72
6.6
Properties with More than One Zoning District .......................................................................... 72
7 DISTRICT SCHEDULES .................................................................................. 73
7.1
R1 - Low Density Residential District ........................................................................................ 73
7.2
R2 - Medium Density Residential District ................................................................................. 77
7.3
RMH - Manufactured Home Residential District ...................................................................... 81
7.4
C1 - Downtown Commercial District ........................................................................................ 85
7.5
C2 - Highway Commercial District ............................................................................................ 89
7.6
M - Industrial District ................................................................................................................. 93
7.7
CS - Community Service District ............................................................................................... 97
7.8
PR - Parks and Recreation District ........................................................................................... 101
7.9
FUD - Future Urban Development District .............................................................................. 103
8 MAPS .......................................................................................................... 105
Town of Foam Lake Zoning Bylaw
1
1
INTRODUCTION
Under the authority of The Planning and Development Act, 2007, and Bylaw No. __________, the
Official Community Plan of the Town of Foam Lake, the Council of the Town of Foam Lake in the
Province of Saskatchewan, in open meeting, hereby enact as follows:
1.1 TITLE
This Bylaw shall be known and may be cited as the Zoning Bylaw of the Town of Foam Lake.
1.2 SCOPE
Development shall be permitted within the limits of the Town of Foam Lake only when in conformity
with the provisions of this Bylaw subject to the right of appeal provisions of The Act.
1.3 PURPOSE
This is a Bylaw to control the use and development of the land in the municipality and assist in
implementing the Official Community Plan for the Town of Foam Lake.
1.4 SEVERABILITY
If any section, clause or provision of this Bylaw, including anything shown on the Zoning District Map, is
for any reason declared by a Court of competent jurisdiction to be invalid, such decision shall not affect
the validity of the Bylaw as a whole or in part, other than the section, clause, provision or anything shown
on the Zoning District Map, declared to be invalid.
2
Town of Foam Lake Zoning Bylaw
Town of Foam Lake Zoning Bylaw
3
2
INTERPRETATION
Whenever in this Bylaw the following words or terms are used, they shall, unless the context otherwise
provides, be held to have the following meaning:
Abutting: Shall mean touching and sharing a common site line or boundary.
Accessory Building or Use: Shall mean a building or use which:
(a)
is subordinate to and serves the principal building or principal use;
(b)
is subordinate in area, 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
principal use served; and,
(d)
is located on the same site as the principal building or principal use served.
Act: Shall mean The Planning and Development Act, 2007.
Adult Day Care: Shall mean an establishment for the placement, care and supervision of adults, but does
not include the provision of overnight supervision.
Adult Day Care - Type I: Shall mean an adult day care with up to five persons under supervision at any
one time.
Adult Day Care - Type II: Shall mean an adult day care with more than five persons under supervision
at any one time.
Adult Entertainment Facility: Shall mean, whether as a principal, accessory or ancillary use, a venue
which features live entertainment, motion pictures, video tapes, video discs, slides or similar electronic or
photographic reproductions of adult entertainment including strip-tease, wet clothing contests or similar
adult performances.
Alteration: Shall mean any structural change in, or addition to, a building or structure, and shall include a
change from one type of use to another.
Ambulance Station: Shall mean a facility for receiving requests for ambulance service and for the
stationing of one or more ambulances until dispatched in response to calls for service, which is operated
by a person or corporation having a valid and subsisting ambulance licence issued pursuant to The
Ambulance Act and having a current contract with the Saskatchewan Health Authority.
Ancillary Use: Shall mean a use that is secondary and subordinate in size, extent and purpose to the
principal use on the same site, but is not necessary for the operation of the principal use on that site.
Animal Hospital: Shall mean a place used for the care and treatment of small and large animals
involving out-patient care, medical procedures involving hospitalization, and the keeping of animals in
outdoor pens.
Balcony: Shall mean a platform, projecting from the face of a wall, cantilevered or supported by columns
or brackets and usually surrounded by a railing.
Bare Land Condominium: Shall mean a condominium divided into bare land units as defined in The
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Town of Foam Lake Zoning Bylaw
Condominium Property Act, 1993.
Bare Land Unit: Shall mean a bare land unit as defined within The Condominium Property Act, 1993.
Basement, Walkout: Shall mean that portion of a building which is partly underground, but which has
more than 50% of the floor area not greater than 0.6 metres (2.0 feet) below grade or which has an
entrance at finished floor level. This definition shall only apply to sites which have been designed to
accommodate a walkout basement.
Bed and Breakfast Home: Shall mean a dwelling unit in which the occupants thereof use a portion of
the dwelling unit for the purpose of providing, for remuneration, sleeping accommodations and one meal
per day to members of the general public, for periods of two weeks or less, and in which:
(a)
not more than three bedrooms within the dwelling unit are used to provide such sleeping
accommodation;
(b)
the dwelling unit is the principal residence of the person or persons receiving the remuneration
and providing the sleeping accommodation and one meal per day; and,
(c)
the meal which is provided is served before noon each day.
Boarder: Shall mean a person who rents sleeping accommodations which have no individual cooking
facilities, and who may be furnished with meals or other services as part of the consideration, but who is
not a member of the household occupying the principal dwelling unit.
Boulevard: Shall mean the strip of land between the curb and the property line, or in the absence of a
curb, the strip of land between the road/pavement edge and the property line. The boulevard is located
within the road right-of-way.
Building: Shall mean a structure constructed or placed on, in, or over land, but does not include a public
highway, and includes any structure covered by a roof and supported by walls or columns.
Building Bylaw: Shall mean any Bylaw of the Town of Foam Lake regulating the erection, alteration,
repair, occupancy or maintenance of buildings or structures.
Building Front Line: Shall mean the line of the wall of the building, or any projecting portion of the
building, and production thereof excluding permitted obstructions which face the front site line.
Building Height: Shall mean the vertical distance of a building measured from grade level, 0.3 metres
(1.0 feet) back from the principal building, to the highest point of the roof surface.
Building Line, Established: Shall mean a line, parallel to the front site line (and, in the case of corner
sites, a line, parallel to the side site line along the flanking street), and set back the average distance from
the edge of the street to the main walls of the existing buildings on a side of any block of the street where
more than half the lots have been built on.
Building Permit: Shall mean a permit issued under a Building Bylaw of the Town of Foam Lake
authorizing the construction of all or part of a building or structure.
Building, Principal: Shall mean the building in which is conducted the main or primary use of the site on
which said building is situated.
Building Rear Line: Shall mean the line of the wall of the building or any projecting portion of the
Town of Foam Lake Zoning Bylaw
5
building and production thereof excluding permitted obstructions which face the rear site line.
Building Side Line: Shall mean the line of the wall of the building, or any projecting portion of the
building and production thereof excluding permitted obstructions, which face the side site line.
Bulk Fertilizer Operation: Shall mean a facility for the storage and distribution of fertilizer in bulk
quantities, but not including retail sales or processing.
Bylaw, this: Shall mean the Zoning Bylaw of the Town of Foam Lake.
Carport: Shall mean a roofed enclosure for the parking of a motor vehicle or motor vehicles which has
less than 60% of the total perimeter enclosed by walls, doors or windows and is attached to a principal
building.
Car Wash: Shall mean a building or portion of a building which is used for the washing of vehicles,
including full service, automatic and hand operated facilities.
Cemetery: Shall mean property used for the interment of the dead and may include facilities for the
storage of ashes of human remains that have been cremated.
Chief Administrative Officer: Shall mean the Chief Administrative Officer for the Town of Foam Lake.
Club: Shall mean a group of people organized for a common purpose, to pursue common goals, interests
or activities, usually characterized by certain membership qualifications, payment of dues or fees, regular
meetings, and a constitution and bylaws; and shall include lodges and fraternal organizations.
Common Wall: Shall mean a vertical wall without an opening, separating two dwelling units between
the top of the footings to the underside of the roof deck, and shall be common to both dwelling units over
at least 40% of the length of each dwelling unit.
Communication Facility: Shall mean an Industry Canada regulated communication facility, including
radio television cellular telephone and microwave transmission towers and accessory buildings.
Community Centre: Shall mean a building or facility used for recreational, social, educational or
cultural activities and which is owned by a municipal corporation, non-profit corporation or other non-
profit organization.
Construction Trades: Shall mean offices, shops and warehouses, with or without associated retail sales
of plumbing and heating, electrical, carpentry, masonry and other trades associated with construction of
buildings.
Convenience Store: Shall mean a store offering for sale primarily food products, beverages, tobacco,
personal care items, hardware and printed matter and which primarily provides a convenient day-to-day
service to residents in the vicinity.
Corner Site: Shall mean a site at the intersection or junction of two or more streets.
Council: Shall mean the Council of the Town of Foam Lake.
Cultural Institution: Shall mean an establishment such as a museum, art gallery, library and similar
facilities of historical, educational or cultural interest which are not commercially operated.
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Town of Foam Lake Zoning Bylaw
Custodial Care Facility: Shall mean either:
(a)
a facility for the temporary detention or open custody of persons pursuant to the provisions of The
Youth Criminal Justice Act (Canada) or The Summary Offences Procedure Act, 1990
(Saskatchewan); or,
(b)
a facility for the accommodation of persons participating in a community training program
pursuant to The Correctional Services Act,
in which the number of persons in detention, custody or residence does not exceed four.
Day Care Centre: Shall mean a facility for the non-parental care of over four (4) preschool age children
on a daily basis, including after school programs, and licensed under The Child Care Act or Education
Act.
Deck: Shall mean a raised platform, with or without rails, for use by those occupying the principal
building.
Deck or Patio, Covered: Shall mean a single storey deck or patio which is covered with a permanent
roof structure which may be enclosed by walls, windows or screens and which is attached to the dwelling
but not integrated into the dwelling unit by virtue of the extension of the dwelling unit's heating or
cooling system or the removal of the exterior door between the deck or patio and the dwelling unit. In
addition, 50% of the walls must be openings and no basement may be constructed under the deck or patio.
Typically an attached covered deck or patio would provide up to three-season accommodation and would
not provide fully livable floor space.
Development: Shall mean the carrying out of any building, engineering, mining or other operations in,
on, or over land, or the making of any material change in the use or intensity of use of any building or
land.
Development Permit: Shall mean a document authorizing a development, issued pursuant to this Zoning
Bylaw.
Discretionary Use: Shall mean a use or form of development that may be allowed in a zoning district
following application to, and approval of the Council; and which complies with the development
standards, as required by Council, contained in this Bylaw.
Dwelling: Shall mean a building used or intended for residential occupancy, and may include a Modular
Dwelling or a Ready-to-Move Dwelling, but excluding a Manufactured Dwelling / home or Mobile
Home, as herein defined.
Dwelling Group: Shall mean a group of two or more detached one-unit dwellings, two unit dwellings or
multiple unit dwellings or combinations thereof occupying the same site.
Dwelling, Manufactured: Shall mean a dwelling that conforms to the CSA Standard No. Z240 and
amendments thereto, and which was formerly referred to as a mobile home.
Dwelling, Modular: Shall mean a dwelling which is constructed of pre-fabricated parts, unit modules
and/or finished sections built in a factory, conforming to CSA Standard A277, and which are transported
to the site for assembly on a fixed approved foundation which complies with the requirements of the
Town of Foam Lake Zoning Bylaw
7
National Building Code of Canada.
Dwelling, Multiple Unit: Shall mean a building divided into three or more dwelling units as herein
defined and shall include town or row houses and apartment dwellings but not hotels or motels.
Dwelling, Multiple Unit Apartment: Shall mean a building divided into three or more dwelling units as
herein defined, each of which is occupied or intended to be occupied as a permanent home or residence
and is accessed from the outside, a common indoor area, or both, but not including hotels, motels or
townhouses.
Dwelling, Multiple Unit Townhouse: Shall mean a multiple-unit dwelling in which each unit has its
own entrance to the outside and each unit is separated from other units by a common wall or ceiling
which has no openings.
Dwelling, Ready-to-Move (RTM): Shall mean a ready-to-move one or two unit dwelling which is built
to completion off-site using conventional lumber and building practices according to the current National
Building Code of Canada, and which is transported to the site as a complete unit for placement on a fixed
approved foundation which complies with the requirements of the National Building Code of Canada.
Dwelling, Secondary Suite: Shall mean a self-contained dwelling unit that is an accessory use to, and
located within, a building in which the principal use is a single detached dwelling.
Dwelling, Semi-Detached: Shall mean a dwelling on its own site, with a common wall dividing the two
dwelling units through at least 30% of the depth of the entire structure, measured from the front to the rear
building lines.
Dwelling, Single Detached: Shall mean a detached building consisting of one dwelling unit as herein
defined, but shall not include a manufactured home as herein defined.
Dwelling, Street Townhouse: Shall mean a dwelling, designed as one cohesive building in terms of
architectural design, which contains three 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 above another dwelling.
Dwelling, Two-Unit: Shall mean a building divided into two separate dwelling units on the same site but
not including single detached dwellings which contain a secondary suite as defined herein.
Dwelling Unit: Shall mean a separate set of living quarters, whether occupied or not, usually containing
sleeping facilities, sanitary facilities and a kitchen or kitchen components. For the purposes of this
definition, "kitchen components" include, but are not limited to, cabinets, refrigerators, sinks, stoves,
ovens, microwave ovens or other cooking appliances.
Educational Institution: Shall mean a post-secondary college, university or technical institution, but
shall not include a private school.
Exotic Animal: Shall mean an animal not indigenous to Canada and not commonly kept as a
household pet in Canada.
Fabric Covered Structure, Accessory: Shall mean a pre-manufactured structure consisting of wood
framing, tubular metal, or tubular plastic frame, covered on the roof and sides with fabric, reinforced
plastic, vinyl, or other sheet material, intended for temporary storage purposes.
8
Town of Foam Lake Zoning Bylaw
Family Child Care Home: Shall mean an accessory use to a dwelling, where the occupants of the
dwelling provide child care services, supervision or pre-school services.
Family Child Care Home, Type I: Shall mean a family child care home where the total number of
children under care or supervision, including the number of children who are residents in the dwelling,
does not exceed 4.
Family Child Care Home, Type II: Shall mean a family child care home where the total number of
children under care or supervision, including the number of children who are residents in the dwelling,
does not exceed 8.
Farmers' Market: Shall mean a permanent structure or group of farm stands, operated on a seasonal or
year-round basis, which allows for agricultural or horticultural producers to retail their products and other
agriculture-related items, including those produced in a community garden, directly to consumers and
enhance income through value-added products, services, and activities.
Farm Stand: Shall mean a seasonal direct-marketing operation without a permanent structure and
offering outdoor shopping for the sale of locally-produced agricultural products including those produced
in a community garden, enhanced agricultural products, and handmade crafts.
Fence: Shall mean an artificially constructed barrier erected to enclose or screen areas of land.
Financial Institution: Shall mean a bank, credit union, trust company, or similar establishment.
Flankage: Shall mean the side site line of a corner site which abuts the street.
Floor Area: Shall mean the maximum habitable area contained within the outside walls of a building,
excluding in the case of a dwelling unit any private garage, unfinished attic or unfinished basement.
Frontage: Shall mean the side of a site abutting a street and, in the case of a corner site, the narrower of
the two sides is the frontage. In the event that the lot is square, it would be the side chosen as the front,
provided it is a corner lot.
Fuel Storage Depot, Bulk: Shall mean a facility for the storage and distribution of petroleum and
petrochemical products in bulk quantities, but not including retail sales or processing, and may include
key-card pumps.
Fuel Storage Tank, Above Ground: Shall mean a storage tank, which is constructed below grade and
which contains gasoline, diesel fuel, or propane for retail sale or dispensing into motor vehicles.
Fuel Storage Tank, Underground: Shall mean a storage tank, any portion of which is above grade and
which contains gasoline, diesel fuel, or propane for retail sale or dispensing into motor vehicles.
Fuel Bulk Storage Tank, Bulk: Shall mean a storage tank for the purpose of storing fuels for
distribution.
Garden Suite: Shall mean a small, ground oriented dwelling unit located in the rear yard of a single
detached dwelling and contained within a detached accessory building that has cooking, food preparation,
sleeping and sanitary facilities which are separate from those of the single detached dwelling.
Garage, Private: Shall mean an accessory building used for storage purposes only, including vehicle
Town of Foam Lake Zoning Bylaw
9
storage, where no business, occupation or service is conducted for gain, other than an approved home
based business, and in which no space is rented to or by a non-resident of the premises.
Garage, Public: Shall mean any garage available to the public, operated for gain, and which is used for
repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles,
including major repairs.
Garage Suite: Shall mean a dwelling unit which is attached to or made a part of a detached accessory
building located in the rear yard of a single detached dwelling that has cooking, food preparation, sleeping
and sanitary facilities which are separate from those of the single detached dwelling.
Gas Bar: Shall mean a building or facility used for the retail sale of motor vehicle fuels from fixed
pumps.
Geothermal Energy: Shall mean a renewable source of energy that taps deep into the heat of the earth's
crust.
Grade Level: Shall mean the average level of the finished surface of the ground adjacent to the exterior
walls of the building or structure. In the case of one-unit dwellings, two-unit dwellings and semi-detached
dwellings with a walk-out basement, grade level shall be the average elevation of the finished surface of
the ground adjacent to the side walls of the building.
Gross Floor Area: Shall mean the sum of the gross horizontal area of the building measured at each floor
level. All dimensions shall be measured between exterior faces of exterior walls.
Gross Floor Space Ratio: Shall mean the ratio of the gross floor area of the principal building, exclusive
of any parking area, divided by the site area.
Habitable: Shall mean any room in a dwelling, such as a bedroom, bathroom, kitchen or living room,
other than a non-habitable room.
Habitable, Non: Shall mean a space in a dwelling providing a service function and not intended
primarily for human occupancy, including entry ways, corridors or storage areas.
Hard Surfaced: Shall mean the provision of a durable, dust-free material constructed of concrete, asphalt
or similar pavement.
Hazard Land: Shall mean land which is subject to flooding, ponding, subsidence, landslides, erosion or
contamination.
Hazardous Material: Shall mean any product, substance or organism which, because of its quantity,
concentration or risk of spill, or its physical, chemical or infectious characteristics, either individually or
in combination with other substances, is an existing or potential threat to the physical environment, to
human health or to living organisms, including but not limited to:
(a)
Corrosives;
(b)
Explosives;
(c)
Flammable and combustible liquids;
(d)
Flammable solids; substances liable to spontaneous combustion; substances that on contact with
water emit flammable gases;
(e)
Gases, compressed, deeply refrigerated, liquefied or dissolved under pressure;
10
Town of Foam Lake Zoning Bylaw
(f)
Oxidizing substances; organic peroxides;
(g)
Poisonous (toxic) or infectious substances;
(h)
Radioactive materials;
(i)
Waste Dangerous Materials; and/or,
(j)
Any other environmentally hazardous substance.
Health Care Clinic: Shall mean a facility or institution engaged in the provision of services for health
maintenance, diagnosis or treatment of human pain, injury or other physical condition on an out-patient
basis.
Home Based Business: Shall mean an accessory use of a dwelling unit by a resident of the dwelling for a
business which is secondary and incidental to the primary use of the dwelling as a residence, and does not
change the residential character of the buildings or site.
Hotel: Shall mean a building or part of a building used as a place for sleeping accommodation with or
without meals, and which may have a licensed beverage room, but does not include a motel.
Indoor Storage Rental Facility: Shall mean a building or buildings containing separate secured storage
units designed to be rented or leased for private storage of personal goods, materials and equipment,
household goods, furniture, general merchandise and vehicles, excluding:
(a)
highly flammable materials, chemicals, odorous, explosive or other inherently dangerous or
noxious goods; and
(b)
hazardous materials as defined in this Bylaw.
Industrial Complex: Shall mean a building or a group of buildings located on the same site that are
managed as a single unit, all for their mutual benefit, including the use of off-street parking and other
joint facilities; and more than two approved permitted or discretionary uses are located on that site.
Industrial, General Use: Shall mean any of the following uses:
(a)
the processing of raw or finished materials;
(b)
the manufacturing or assembly of goods, products or equipment;
(c)
the cleaning, servicing, repairing or testing of materials, goods and equipment normally
associated with industrial or commercial businesses or cleaning, servicing and repair operations
of goods and equipment associated with personal or household use, where such operations have
impacts that would make them incompatible with non-industrial development;
(d)
the storage or transshipment of materials, goods and equipment, including warehouses.
(e)
the training of personnel in general industrial operations;
(f)
indoor display, office, technical or administrative support areas or any sales operation accessory
to the general industrial use.
Intensive Agricultural Use: Shall mean a principal use that produces a crop that is grown in buildings or
under structures, using hydroponic techniques, or by use of intensive irrigation and fertilizer application,
but not including a livestock facility.
Intersection: Shall mean an area where two or more streets or lanes meet or cross at grade.
Junk and Salvage Yards: Shall mean uses including, but not limited to, uses involved in salvaging,
storing or selling scrap metal, paper, plastic, glass, wood and other waste material, as well as unlicensed
vehicles and used vehicle parts.
Town of Foam Lake Zoning Bylaw
11
Kennel, Boarding: Shall mean the temporary accommodation of dogs, cats or other domestic animals for
commercial purposes.
Landscaping: Shall mean the changing, rearranging, or adding to the original vegetation of a site,
including site grading, addition of topsoil, grass, trees, plants, sidewalks and other natural or decorative
features.
Landscaping, Hard: Shall mean landscape features consisting of non-vegetative materials such as brick,
stone, concrete, tile and wood, excluding gravel, loose rock, outdoor carpeting, or monolithic concrete
and asphalt.
Landscaping, Soft: Shall mean landscape features consisting of vegetation such as trees, shrubs, hedges,
and grass.
Lane: Shall mean a public highway vested in the Crown as a secondary level of access to a lot or parcel
of land.
Light Manufacturing: Shall mean a light industrial use where all processing, fabricating, assembly, or
disassembly of items takes place wholly within an enclosed building, including, but not limited to
apparel, food, drapes, clothing accessories, bedspreads, decorations, artificial plants, jewelry, instruments,
computers, and electronic devices.
Loading Space: Shall mean a space, measuring at least 3.0 metres (9.8 feet) in width and 7.5 metres
(24.6 feet) in depth, located on a site, and having access to a street or lane, in which a vehicle may park to
load or unload goods.
Lot: Shall mean an area of land with fixed boundaries and which is of record with the Information
Services Corporation by Certificate of Title.
Lounge: Shall mean a room or area adjoining a restaurant that permits the sale of beer, wine or spirits for
consumption on the premises, with or without food, and where no entertainment or dance floor is
permitted, either in the lounge or in the restaurant attached to the lounge. The area of a lounge may not
exceed 50% of the public assembly area in the adjoining restaurant.
Mall: Shall mean a single story commercial building in which either permitted or discretionary uses are
located together for their mutual benefit, each having their own entrance to the outside, otherwise known
as a strip mall
Mayor: Shall mean the Mayor of the Town of Foam Lake.
Medical, Dental and Optical Laboratories: Shall mean a place fitted with medical and scientific
equipment and used for the conduct of medical, dental or optical investigations, experiments, and tests; or
for the manufacture of medicines or medical aid devices, but does not include the manufacture of
industrial chemicals.
Minister: Shall mean the member of the Executive Council who, for the time being, is assigned the
administration of The Planning and Development Act, 2007.
Manufactured / Mobile Dwelling: Shall mean a structure that conforms to Canadian Standards
Association, Construction Standard No. Z240 and amendments thereto.
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Town of Foam Lake Zoning Bylaw
Motel: Shall mean an establishment consisting of a group of attached or detached living or sleeping
accommodations each with a bathroom, located on a lot or site and designed for use by the public, and
may include a restaurant or licensed dining room and living accommodations for the owner or operator.
Municipal Facility: Shall mean land and/or structures owned by the Municipality including, but not
limited to, land and/or structures used for the following:
(a)
Office and/or meeting space;
(b)
Storage of municipal equipment and/or supplies; and/or
(c)
Other institutional purposes.
Municipality: Shall mean the Town of Foam Lake.
Night Club: Shall mean a building or portion thereof, where beer, wine or spirits are served to patrons for
consumption on the premises, with or without food, and where a designated area for entertainment or
dancing, but not including adult entertainment, during certain hours of operation may also be provided.
Non-conforming Building: Shall mean a building:
(a)
that is lawfully constructed or lawfully under construction, or in respect to which all required
permits have been issued, on the date that this Bylaw or any amendment to the Bylaw affecting
the building or land on which the building is situated or will be situated, becomes effective; and,
(b)
that on the date this Bylaw or any amendment hereto becomes effective does not or when
constructed will not comply with this Bylaw.
Non-conforming Site: Shall mean a site, consisting of one or more contiguous parcels, to which all
required permits have been issued on the date that this Bylaw or any - to the Bylaw becomes effective,
contains a use that conforms to the Bylaw, but the site area or site dimensions do not conform to the
standards of the Bylaw for that use.
Non-conforming Use: Shall mean a lawful specific use:
(a)
being made of land or a building or intended to be made of a land or of a building lawfully under
construction, or in respect to which all required permits have been issued, on the date this Bylaw
or any amendment hereto becomes effective; and,
(b)
that on the date this Bylaw or any amendment hereto becomes effective does not, or in the case of
a building under construction or in respect of which all required permits have been issued, will
not comply with this Bylaw.
Office and Office Building: Shall mean 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, transhipped, sold or processed.
Official Community Plan: Shall mean the Official Community Plan for the Town of Foam Lake.
Parking Lot: Shall mean an open area of land, other than a street, used for the temporary parking of
vehicles and available for public use whether free, for charge, or for accommodation of clients or
customers.
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Parking, Off-street: Shall mean accommodation for the parking of vehicles off a public street or lane.
Parking Space, Vehicle: Shall mean a space within a building or parking lot for the parking of one
vehicle and which has access to a developed street or lane, having minimum dimensions of 2.7 metres
(8.9 feet) wide by 6.7 metres (22.0 feet) deep with direct lane access; 3.0 metres (9.8 feet) wide by 6.7
metres (22.0 feet) deep for a parallel space; and 2.7 metres (8.9 feet) wide by 6.0 metres (19.7 feet) deep
for all other.
Patio: Shall mean an open horizontal, artificially surfaced area adjacent to the principal building, usually
at grade level, intended for use as an outdoor private amenity space.
Permitted Use: Shall mean any use or form of development, other than a discretionary use or a non-
conforming use, specifically allowed in a zoning district subject to the regulations applicable to that
zoning district.
Personal Care Home: Shall mean 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 Shop: Shall mean a business associated with the grooming of persons or the
maintenance or repair of personal wardrobe articles and accessories and may include:
(a)
beauty salons and barber shops;
(b)
shoe repair;
(c)
dry-cleaning pick-up depots;
(d)
self-serve laundry;
(e)
tailor or seamstress;
(f)
massage services;
(g)
photography studios;
(h)
tanning beds; and
(i)
tattoo parlours,
but does not include the provision of health-related services.
Pet Grooming Establishment: Shall mean a business associated with the grooming of small domestic
animals not prohibited by the Animal Control Bylaw with the confinement of animals restricted to
indoors; but not including kennels for overnight boarding.
Photography Studio: Shall mean a place used for portrait or commercial photography, including the
developing and processing of film, and the repair `or maintenance of photographic equipment.
Place of Worship: Shall mean a place used for worship and related religious, philanthropic or social
activities and includes accessory rectories, manses, meeting rooms and other buildings. Typical uses
include churches, chapels, mosques, temples, synagogues and parish halls.
Pole Shed: Shall mean a temporary structure characterized by the lack of a formal foundation which
makes use of poles dug into the ground, set in place using a stabilizing agent such as cement or concrete,
to support the structures roof and walls. Typical uses for this type of structure include, but are not limited
to, equipment storage, garages or workshops.
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Town of Foam Lake Zoning Bylaw
Preschool: Shall mean a facility which provides a program for preschool aged children.
Public Hospital: Shall mean a hospital operated by the Regional Health Authority.
Public Utility: Shall mean a government, municipality or corporation under Federal or Provincial statute
which operates a public work.
Public Work: Shall include:
(a)
systems for the production, distribution or transmission of electricity;
(b)
systems for the distribution, storage or transmission of natural gas or oil;
(c)
facilities for the storage, transmission, treatment, distribution or supply of water; and/or,
(d)
facilities for the collection, treatment, movement or disposal of sanitary sewage.
(e)
telephone, internet, cable television or light distribution or transmission lines; and,
(f)
facilities for the collection, storage, movement and disposal of storm drainage.
Recreational Facility, Commercial: Shall mean a recreation or amusement facility operated as a
business and open to the general public, but not including adult entertainment.
Recreational Facility, Public: Shall mean a recreation or amusement facility operated by the province,
municipality, or a non-profit organization and open to the general public, but not including adult
entertainment.
Recreational Vehicle: Shall mean a unit intended to provide temporary living accommodation for
campers or travellers; built as part of, or to be towed by, a motor vehicle; and includes truck campers,
motor homes, tent trailers and travel trailers.
Recycling Collection Depot: Shall mean a building or structure used for collection and temporary
storage of recyclable household material such as bottles, cans, plastic containers and paper. The following
shall not be permitted at a recycling collection depot:
(a)
processing of recyclable material other than compaction;
(b)
collection and storage of oil, solvents or other hazardous material;
(c)
outdoor compaction.
Residential Care Facility: Shall mean a licensed or approved group care home governed by Provincial
regulations that provides, 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 Care Facility - Type I: Shall mean a residential care home in which the number of residents,
excluding staff, does not exceed four.
Residential Care Facility - Type II: Shall mean a residential care home in which the number of
residents, excluding staff, is more than four.
Restaurant: Shall mean a place where food and beverages are prepared and served to patrons seated at
tables or counters, in a motor vehicle on the premises, or for off-site consumption, and may include a
drive-through service window.
Retail Store: Shall mean a place where goods, wares, or merchandise are offered for sale or rent, and
Town of Foam Lake Zoning Bylaw
15
may include the manufacturing of products to be sold on site, provided the gross floor area used for
manufacturing does not exceed 25% of the gross floor area of the retail store.
Sandblasting: Shall mean the cleaning, smoothing, roughening or removing of part of the surface of any
article by the use of an abrasive, jet of sand, metal shot, grit or other material propelled by compressed
air, steam or by a wheel.
School, Private: Shall mean a facility which meets Provincial requirements for elementary, secondary, or
higher education, and which does not secure the majority of its funding from taxation or any
governmental agency, and may include vocational and commercial schools, music or dance schools and
other similar schools.
School, Public: Shall mean a facility which meets Provincial requirements for elementary or secondary
education, and which secures the majority of its funding from taxation.
Screening: Shall mean a fence, wall, berm or planted vegetation located so as to visually shield or
obscure one abutting area of use from another.
Service Station: Shall mean a place where petroleum products are kept for retail sales for automobiles
and other motor vehicles and where repairs, rental, servicing, greasing, adjusting or equipping of
automobiles or other motor vehicles may be performed, but not including painting, body work and major
repairs.
Shipping Container: Shall mean a prefabricated metal container or box specifically constructed for the
transport of goods by rail, ship or transport truck and used for storage.
Shopping Centre: Shall mean a building, or group of buildings located on the same site that are managed
as a single unit, all for their mutual benefit, including the use of off-street parking and other joint
facilities; and where more than two approved permitted or discretionary uses are located on that site.
Sight Triangle: Shall mean the triangular area formed within a site by the intersecting front and side site
lines at a street intersection, an intersection of a street and a flanking lane, or an intersection of a street
and a driveway, and the straight line joining said site lines at points which are a measured distance along
both site lines (refer to Figure 2-1 below). In the case of a street intersection, at a corner site, the
measured distance shall be 4.5 metres (14.8 feet). In the case of a lane or driveway intersecting a street,
the measured distance shall be 4.5 metres (14.8 feet).
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Town of Foam Lake Zoning Bylaw
Figure 2-1: Sight Triangles
Sign: Shall mean any device, letters, figures, symbols, emblems, or pictures which are affixed to, or
represented directly or indirectly upon a building or structure, which identify or advertise any object,
product, place, activity, person, organization or business; and which is visible on or from a street or public
thoroughfare.
Sign, Awning: Shall mean a sign made from canvas, plastic or similar non-rigid material affixed to a
frame and attached to a building wall (refer to Figure 2-2).
Figure 2-2: Illustration of Awning Sign
Sign, Canopy: Shall mean a sign consisting of a rigid, multi-sided structure supported by columns or
posts embedded in the ground (refer to Figure 2-3).
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Figure 2-3: Illustration of Canopy Sign
Sign, Directional / Information: Shall mean a sign giving directions, instructions or facility information
but not including any advertising copy.
Sign, Electronic Message Centre: Shall mean a variable message sign that utilizes computer-generated
messages involving letters, words, graphics, animation, video or dynamic text. These signs include digital
displays, using incandescent lamps, LED's, LCD's, plasma or related technology, whereby the message
can be altered by electric or electronic means.
Sign, Face Area: Shall mean the area of the single face of any sign and is calculated using the illustration
in Figure 2-4.
Figure 2-4: Calculation of Sign Face Area
Sign, Fascia: Shall mean 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 0.25 metres (0.8 feet) from such building or structure.
Sign, Freestanding: Shall mean a non-movable sign, not affixed to a building, and which is supported by
a pole or similar structure.
Sign, Freestanding Height: Shall mean the vertical distance of a freestanding sign measured from grade
level to the highest point of the sign.
Sign, Marquee: Shall mean a sign that is mounted or painted on, or attached to an awning, canopy, or
marquee.
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Town of Foam Lake Zoning Bylaw
Sign, Off Premise: Shall mean any sign displaying copy that directs attention to a business, activity,
product, service, or entertainment that cannot be considered as the principal products sold nor a principal
business, activity, service or entertainment provided on the premises or site where the sign is displayed.
Sign, Portable: Shall mean a portable, free-standing sign, mounted on a wide based frame, with a single
sign face area no greater than 4.5 m2 (48.44 ft2) or a total gross area no greater than 9.0 m2 96.88 ft2),
which can be readily moved or transported to various locations (refer to Figure 2-5).
Figure 2-5: Illustration of Portable Signs
Sign, Projecting: Shall mean a sign which is wholly or partially dependent upon a building for support
and which projects more than 0.25 metres (0.82 feet) beyond the wall of the building (refer to Figure 2-6).
Figure 2-6: Illustration of Projecting Sign
Sign, Roof: Shall mean a sign that is mounted on the roof of a building, or which is wholly dependent
upon a building for support and which projects above the point of a building with a flat roof, the eave line
of a building with a gambrel, gable or hip roof or the deck line of a building with a mansard roof.
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19
Sign, Temporary: Shall mean an election sign or temporary sign bearing notice of sale or lease or other
information relating to a temporary condition affecting the property.
Sign, Total Face Area: Shall mean the total amount of sign face area on a sign including all sides.
Site: Shall mean an area of land:
(a)
under one ownership considered as a unit;
(b)
having its principal frontage on a public street; and
(c)
not divided by a public street.
Site, Corner: Shall mean a site at the intersection of two or more streets (refer to Figure 2-7).
Figure 2-7: Illustration of Site Definition
Site, Interior: Shall mean a site other than a corner site (refer to Figure 2-7).
Site Coverage: Shall mean that portion of the site that is covered by principal and accessory buildings,
including covered patios and covered decks.
Site Line, Front: Shall mean the line that divides the site from the street right-of-way. In the case of a
corner site, the front site line shall mean the line separating the narrowest street frontage of the site from
the street right-of-way.
Site Line, Rear: Shall mean the line (or point) at the rear of the site adjacent to a rear lane and opposite
the front site line or in the case of no rear lane, the line or point at the rear of the site and opposite the
front site line (refer to Figure 2-8).
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Town of Foam Lake Zoning Bylaw
Figure 2-8: Illustration of Rear Site Lines
Site Line, Side: Shall mean a site line other than a front or rear site line.
Site, Through: Shall mean a site not more than one lot in depth, having a frontage on two or more streets
(refer to Figure 2-7).
Site Width: Shall mean the horizontal distance between the side boundaries of the site measured at a
distance equal to the required minimum front yard from the front site line for the district in which the site
is located (refer to Figure 2-9).
Figure 2-9: Illustrations of Site Width
Solar Collector: Shall mean photovoltaic solar panels or modules that uses the sun's energy to heat water
or produce electricity. That water or electricity can be used immediately, stored for later use or in the case
of electricity fed back to the grid for use by others.
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Special Care Home: Shall mean a nursing home, supervisory care home, sheltered care home or other
facility used for the purpose of providing supervisory care, personal care, and nursing care.
Storey: Shall mean that portion of any building which is situated between the top of any floor and the top
of the floor next above it; and if there is no floor above it, that portion between the top of such floor and
the ceiling above it. A basement or cellar shall not be counted as a storey if it is designed or used for
ancillary activities such as long term storage, mechanical rooms, stairways, janitorial rooms, or parking
garage; and at least one half of the height of the basement or cellar, from finished floor to finished ceiling,
is located below grade level.
Street: Shall mean a public space, commonly used as a thoroughfare, which affords the principal means
of access to abutting properties.
Streetscape: Shall mean the physical elements of the street, as seen from a human perspective, that help
define the character, perception, scale, and overall "feel" of the street or neighbourhood, including:
(a)
trees and other vegetation;
(b)
sidewalks, medians, and boulevards, including textural elements;
(c)
street furniture and decoration;
(d)
frontages, façades, massing, scale, and architectural aesthetic of buildings;
(e)
pedestrians and bicyclists;
(f)
moving and parked vehicles;
(g)
roadways and lanes;
(h)
signage; and
(i)
utility elements.
Structural Alteration: Shall mean the construction or reconstruction of supporting elements of a
building or other structure.
Structure: Shall mean anything erected or constructed, the use of which requires temporary or permanent
location on, or support of, the soil, or attached to something having permanent location on the ground or
soil; but not including pavements, curbs, walks or open-air surfaced areas.
Suite, Garden: Shall mean a ground oriented dwelling unit located in the rear yard of a single detached
dwelling and contained within a detached accessory building that has cooking, food preparation, sleeping
and sanitary facilities which are separate from those of the single detached dwelling.
Suite, Garage: Shall mean a dwelling unit that is attached to or made part of a detached accessory
building located in the rear yard of a single detached dwelling that has cooking, food preparation, sleeping
and sanitary facilities that are sperate from those of the single detached dwelling.
Suite, Secondary: Shall mean a self-contained dwelling unit which is an accessory use to, and contained
within, a detached building in which the principal use is a single detached dwelling.
Swimming Pool, Private: Shall mean an artificially created basin lined with concrete, fibreglass, vinyl,
metal or similar material, intended to contain water for the use of persons for swimming, diving, wading,
or other similar activity, which is at least 600 mm (1.97 feet) in depth, and includes pools situated on top
of grade and hot tubs and whirlpools.
Tavern: Shall mean a building or portion thereof where beer, wine, or spirits are served to patrons for
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Town of Foam Lake Zoning Bylaw
consumption on the premises, with or without food, and where no entertainment or dance floor is
permitted.
Temporary Development: Shall mean a building or use that may operate for a period of time determined
by the Town and which complies with all relevant development standards. A Development permit may be
issued for a maximum of 12 months, after which time the development permit may be extended or re-
issued at the discretion of the Town.
Theatre: Shall mean a place devoted to showing motion pictures or dramatic, dance, musical or other live
performances.
Tourist Campground: Shall mean a tract or parcel of land which provides for the location of tents or
recreation vehicles used by travellers and tourists for overnight accommodation.
Town: Shall mean the Town of Foam Lake.
Trailer: Shall mean a vehicle, other than a semi-trailer, farm machinery, or a recreational vehicle, that is
drawn on a highway by a motor vehicle and that is designated for the conveyance of goods. Examples of a
trailer include but are not limited to small utility trailers (open or enclosed), and trailers to carry boats,
snowmobiles, all-terrain vehicles, jet-skis, or motorcycles.
Use: Shall mean the purpose or activity for which a piece of land, or its building is designed, arranged,
occupied or maintained.
Use, General Industrial: shall mean any of the following activities:
(a)
the processing of raw or finished materials;
(b)
the manufacturing or assembly of goods;
(c)
the cleaning, servicing, repairing or testing of materials, goods and equipment normally
associated with industrial or commercial businesses or cleaning, servicing and repair operations
to goods and equipment associated with personal or household use, where such operations have
impacts that would make them incompatible with non-industrial development;
(d)
the storage or trans-shipping of materials, goods and equipment, including warehouses;
(e)
the training of personnel in general industrial operations; and/or,
(f)
indoor display, office, technical or administrative support areas or any sales operation accessory
to the general industrial use.
Vehicle: Shall mean a device in or by which a person or thing may be transported or drawn on a street
and includes motor vehicles, trailer coaches, semi-trailers, fire engines, fire department apparatus, and all
vehicles propelled by muscular power; but does not include railway cars and other motor vehicles running
only upon rails or tracks or solely upon railway company property.
Veterinary Clinic: Shall mean a place for the care and treatment of small animals involving outpatient
care and medical procedures involving hospitalization, but shall not include the keeping of animals in
outdoor pens.
Wall Height: Shall mean the vertical distance of a building measured at the outermost building face,
from grade level to the top of the wall, not including the roof.
Warehouse: Shall mean a building used primarily for the storage of goods and materials.
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23
Wholesale Establishment: Shall mean the sale of commodities to retailers or jobbers and shall include
the sale of commodities for the purpose of carrying on any trade or business.
Yard: Shall mean an unoccupied space open to the sky on the same site with a building or structure.
Yard, Front: Shall mean the area between the side site lines and the front site line to the front building
line.
Yard, Rear: Shall mean the area between the side site lines, and the rear site line to the rear building line.
Yard, Required: Shall mean a yard or yards required by this Bylaw and within which, unless specifically
permitted, no building or structure, or part of a building or structure shall be erected.
Yard, Side: Shall mean the area between the front and rear yards and between the side site line and the
side building line.
Zoning District: Shall mean a specifically delineated area of the municipality within which certain
uniform requirements and regulations or various combinations thereof govern the use, placement, spacing
and size of land and structures.
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Town of Foam Lake Zoning Bylaw
Town of Foam Lake Zoning Bylaw
25
3
ADMINISTRATION
3.1 DEVELOPMENT OFFICER
3.1.1
The Development Officer shall administer this Bylaw.
3.1.2
The Development Officer shall be the Chief Administrative Officer for the Town of Foam Lake
and any other person authorized, in writing, by Council to act as a Development Officer for the
purposes of this Bylaw and The Act.
3.2 DEVELOPMENT PERMITS
3.2.1
Except as provided in Section 3.2.2 no person shall undertake a development or commence a use
unless a development permit has first been obtained. A Development Permit cannot be issued in
contravention of any of the provisions of this Bylaw subject to Sections 213 to 232 of The Act.
3.2.2
A development permit is not required, but all other applicable provisions of this Bylaw are to be
followed, for the following:
(1)
the maintenance of a public work by the municipality or a public utility;
(2)
the construction of a public work by the municipality;
(3)
the installation of a public work on any street or other public right-of-way by the
municipality;
(4)
maintenance and repairs that do not include structural alterations;
(5)
accessory buildings under 9.3 m2 in area; and
(6)
excavation, stripping or site grading that is part of a Development Agreement which has
been approved, signed and registered,
3.2.3
The effective period for a development permit is 12 months. This period may be extended by the
Development Officer for an additional 12 months or any portion thereof if requested in writing by
the permit holder. A development permit shall be automatically invalid:
(1)
if the proposed development is not commenced within 12 months from the permit
issuance date, or
(2)
if the proposed development is legally suspended or discontinued, for a period of 12 or
more months, unless otherwise indicated by Council or the Development Officer.
3.2.4
A building permit shall not be issued unless a development permit, where required, has been
granted. If a development permit is deemed void, a new building permit or sign permit is required
in conjunction with the issuance of a replacement development permit.
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Town of Foam Lake Zoning Bylaw
3.3 DEVELOPMENT PERMIT APPLICATION REQUIREMENTS
3.3.1
Except in the case of applications for a home-based business, every application for a development
permit shall be accompanied by the following:
(1)
the names, addresses and telephone numbers of the applicant, property owner and person
or consultant who prepared the plans being submitted, including a local contact person.
(2)
the proposed use of the site or building to be constructed, or the proposed use of the
existing building floor area to be altered or occupied, including the area of the proposed
building or renovations.
(3)
the complete legal description and civic address of the subject property.
(4)
two copies of a site plan, drawn to scale with appropriate dimensions, showing the
following information:
(a)
north arrow, streets and lanes adjacent to the site, key plan showing nearby lot
patterns, all property boundaries, identified frontage of site, site area, site
geodetic elevations and the location of any existing buildings, structures, utility
poles and wires, fire hydrants, underground utilities, easements, building
encroachments, and the type and location of existing trees;
(b)
the location and size of proposed buildings or structures, including all front, side
and rear yard setback dimensions and the location of all doorways, walkways and
pedestrian circulation areas;
(c)
the location and size of all proposed parking spaces, aisles and vehicle circulation
areas, loading spaces, and entrances and exits to the site;
(d)
the location of commercial signage.
(5)
two copies of scaled plans, showing the dimensioned floor plans and elevations,
including both interior and exterior wall and floor dimensions and room areas and
dimensions.
(6)
two copies of the landscaping plan, if applicable, clearly indicating the following:
(a)
the location and description of other landscape improvements, such as, but
limited to: earth berms, drainage swales, catch basins, walls, fences, screens,
sculptures, fountains, site furnishings, screened refuse containment areas, and
bicycle racks;
(b)
location, type and quantity of existing plant materials;
(c)
the location, type, quantity and spacing of new plant material showing a list of
plant material to be planted identifying caliper size and height at planting and a
table indicating the minimum site landscaping requirements of the site and the
actual landscaping provided. The planting and installation details as necessary to
ensure conformance with all requirements;
Town of Foam Lake Zoning Bylaw
27
(d)
footprint of existing and proposed structures along with signage, driveways,
overall parking areas, sidewalks, curbs, and refuse collection areas. The surface
materials proposed for the property shall be indicated;
(e)
location, type and quantity of existing plant materials including caliper size and
height at planting;
(f)
snow removal storage and drainage plans.
3.3.2
Where relevant, the Development Officer may require the submission of documentation relating
to other requirements of this Bylaw, including, but not limited to, the following:
(1)
storm water management plans;
(2)
geotechnical reports;
(3)
environmental reports (phase I or II);
(4)
soil tests;
(5)
sun-shadow diagrams;
(6)
transportation impact analysis (TIA) reports; and/or,
(7)
streetscape renderings.
3.3.3
The Development Officer may require the submission of documentation relating to the
requirements of Section 4.16 Development on Hazard Lands, where relevant.
3.4 DEVELOPMENT PERMIT APPLICATION PROCESS
3.4.1
Applications for a development permit shall be submitted to the Development Officer in
accordance with the requirements of this Bylaw.
3.4.2
The Development Officer shall issue a development permit for a development that complies in all
respects with the requirements of this Bylaw, the Official Community Plan and The Act.
3.4.3
Where an application is made for a development permit with respect to a development for a
discretionary use which has been approved by Council, the Development Officer shall issue a
development permit subject to any specified development standards and time limits prescribed by
Council pursuant to Section 56(1)(c) and (d) of The Act.
3.4.4
Every decision of the Development Officer with respect to an application for a development
permit shall be in writing and a copy of the decision shall be sent to the applicant.
3.4.5
The Development Officer may revoke a development permit where:
(1)
the development permit has been issued in error;
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Town of Foam Lake Zoning Bylaw
(2)
an approved development for a permitted use is not being developed in accordance with
the provisions of this Bylaw, or in accordance with the standards and conditions specified
in the development permit;
(3)
the approval of a proposed development for a discretionary use is deemed to be invalid;
or,
(4)
a development is subject to an agreement which has been cancelled by Council pursuant
to Sections 65 or 69 of The Act.
3.4.6
The Development Officer shall give the reasons for denying or revoking a development permit.
3.5 DEVELOPMENT APPEALS BOARD
3.5.1
A Development Appeals Board of the Town of Foam Lake shall be appointed in accordance with
Sections 213 to 227 of The Act.
3.6 RIGHT OF APPEAL
3.6.1
Where an application for a PERMITTED USE has been REFUSED, the applicant shall be
advised of the right of appeal to the Development Appeals Board of the Town of Foam Lake.
3.6.2
Where an application for a DISCRETIONARY USE has been APPROVED by Council, WITH
PRESCRIBED SPECIAL DEVELOPMENT STANDARDS pursuant to this Bylaw, the applicant
shall be advised that any development standards considered excessive, may be appealed to the
Development Appeals Board of the Town of Foam Lake.
3.6.3
Where an application for a DISCRETIONARY USE has been REFUSED by Council, the
applicant shall be advised that there is no appeal pursuant to Section 219(2) of The Act.
3.6.4
An application for a Development Permit for a PERMITTED USE shall be deemed to be refused
when a decision thereon is not made within 40 days after the receipt of the application in its
complete and final form by the Development Officer, and an appeal may be made as provided in
Section 3.7.1 as though the application had been refused at the end of the period specified in this
subsection.
3.6.5
Where a person wishes to appeal to the Board, he/she shall file written notice of his/her intention
to appeal with the secretary of the Board, together with an application fee of $50.00.
3.7 MINOR VARIANCES
3.7.1
The Development Officer may vary the requirements of this Bylaw subject to the following
conditions:
(1)
a minor variance may be granted for variation only of:
(a) the minimum required distance of a building from the site line; and
(b) the minimum required distance of a building to any other building on the site.
Town of Foam Lake Zoning Bylaw
29
(2)
the maximum amount of minor variance shall not exceed a 10% variation of the
requirements of this Bylaw;
3.7.2
An application for a minor variance shall be in a form prescribed by the Development Officer and
shall be accompanied by application fee of $100.00.
3.7.3
All variances shall be subject to the conditions, and granted in accordance with, the procedures
contained in Section 60 of The Act.
3.7.4
The Development Officer shall maintain a registry of the location and all relevant details of the
granting of such variances.
3.8 NON-CONFORMING USES, BUILDINGS AND SITES
3.8.1
Non-conforming uses, non-conforming buildings and non-conforming sites shall be subject to
Sections 88-93 inclusive of The Act.
3.8.2
Where a lot is reduced in size as a result of acquisition for a public use by the Town, Provincial or
Federal Government, School Division, or Public Utility, the site and buildings shall be deemed to
conform with the provisions of this Bylaw and the site shall be considered to exist as it did prior
to the acquisition.
3.8.3
No existing building, site or use shall be deemed to be non-conforming by reason only of the
conversion between the Imperial System of Measurement and the International System of Units
(S.I.) where such non-conformity results solely from such conversion and is reasonably
equivalent to the S.I. standard herein established.
3.9 DISCRETIONARY USE APPLICATIONS
3.9.1
Discretionary Use Application Process
(1)
The following procedures shall apply to discretionary use applications:
(a)
Applicants must file with the Development Officer a development permit
application, a site plan, any other plans and information as required by the
Development Officer and pay the required application fees.
(b)
The application will be examined by the Development Officer for conformance
with the Official Community Plan, this Bylaw, and any other applicable policies
and regulations.
(c)
The Development Officer may request comments from other government
agencies, where applicable.
(d)
The Development Officer will prepare a report concerning the application
including recommended conditions that may be applied to an approval.
(e)
As per Section 55 of The Act, the Development Officer will set a date for the
meeting at which the application will be considered by Council and will give
notice at least 7 days in advance of the meeting date by ordinary mail to assessed
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Town of Foam Lake Zoning Bylaw
owners of property within 75.0 metres (246.1 feet) of the boundary of the
applicant's land.
(f)
Council shall consider the application together with the report of the
Development Officer, and any written or verbal submissions received by
Council. Council shall consider applications in terms of the requirements
contained in Section 3.9.3 of this Bylaw, and where applicable, Section 3.9.4 of
this Bylaw.
(g)
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.
(h)
The Development Officer shall notify the applicant of Council's decision by
ordinary mail addressed to the applicant at the address shown on the application
form.
(i)
Where an application for a discretionary use is approved by resolution of
Council, the Development Officer shall issue a development permit subject to
any conditions prescribed by Council in accordance with Section 3.9.2 of this
Bylaw.
(j)
Where an application for a discretionary use does not meet the zoning regulations
for the applicable zoning district, the Development Officer shall:
(i)
advise the applicant that before the discretionary use can be considered
by Council, the development permit application must be refused on the
grounds of zoning non-compliance but that the applicant has the right to
appeal; and
(ii)
advise the applicant that if the appeal is granted, the discretionary use
can then be considered by Council.
(k)
The Development Officer shall maintain a registry of the location and all the
relevant details respecting the granting of the discretionary use approval.
3.9.2
Terms and Conditions for Discretionary Use Approvals
(1)
Discretionary uses, discretionary forms of development, and associated accessory uses
are subject to the development standards and applicable provisions of the zoning district
in which they are located. In approving any discretionary use, to minimize land use
conflict, Council may prescribe specific development standards related to:
(a)
site drainage of storm water;
(b)
the location of buildings with respect to buildings on adjacent property;
(c)
access to, number and location of parking and loading facilities including
adequate access and circulation for pedestrian and vehicle traffic;
(d)
appropriate space for vehicle line ups for drive through commercial facilities in
Town of Foam Lake Zoning Bylaw
31
order to reduce disruption of traffic flows on adjacent roadways;
(e)
control of noise, glare, dust and odour;
(f)
landscaping, screening and fencing and preservation of existing vegetation to
buffer adjacent properties;
(g)
the size, shape and arrangement of buildings, and the placement and arrangement
of lighting and signs;
(h)
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,
(i)
intensity of use.
(2)
Council may approve discretionary use applications for a limited period of time where it
is considered important to monitor and re-evaluate the proposal and its conformance with
the objectives of this Bylaw.
(3)
Council's approval of a discretionary use application is valid for a period of 12 months
from the date of approval. Council may direct that a discretionary use permit extension be
granted for an additional 12 month period by the Development Officer, upon request of
the applicant.
(4)
A discretionary use approval shall be deemed to be invalid for the following reasons:
(a)
if the proposed use or proposed form of development has not commenced within
the 12 month period;
(b)
the proposed development is not proceeding in accordance with the terms and
conditions of its approval; or
(c)
If an approved discretionary use or form of development ceases to operate for a
period of 12 months or more.
(5)
The Development Officer shall advise the owner and Council when a prior approval is no
longer valid.
3.9.3
General Discretionary Use Evaluation Criteria
(1)
Council will apply the following general criteria, and, where applicable, the use-specific
criteria in Section 3.9.4 and Section 5, in the assessment of the suitability of an
application for a discretionary use or discretionary form of development:
(a)
The proposal must be in conformance with all relevant sections of the Official
Community Plan and must demonstrate that it will maintain the character, density
and purpose of the zoning district, where necessary through the provision of
buffer areas, separation and screening.
(b)
The proposal must be capable of being economically serviced by community
infrastructure including roadways, water and sewer services, solid waste disposal,
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Town of Foam Lake Zoning Bylaw
parks, schools, and other utilities and community facilities.
(c)
The proposal must demonstrate that it is not detrimental to the health, safety,
convenience or general welfare of persons residing or working in the vicinity or
injurious to property, improvements or potential development in the vicinity.
(d)
The proposal must provide sufficient landscaping and screening, and, wherever
possible, shall preserve existing vegetation.
(e)
The proposal must demonstrate that any additional traffic generated by the use,
can be adequately provided for in the existing parking and access arrangements.
Where this is not possible, further appropriate provisions shall be made so as to
ensure no adverse parking or access effects occur.
(f)
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 or
other impacts not in keeping with the character of the adjacent area.
(g)
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.
(h)
All operations shall comply with all applicable provincial or federal requirements
which govern their operation and development.
(i)
Proposals for discretionary uses which may result in heavy truck traffic,
particularly in commercial and industrial districts, should be located to ensure
that such traffic takes access to or from major streets or designated truck routes.
3.9.4
Use-Specific Discretionary Use Evaluation Criteria
Council will apply the following use-specific criteria to the assessment of the suitability of an
application for a particular discretionary use or discretionary form of development:
(1)
Abattoirs, auto body shops, bus terminals, car washes, taxidermy uses, lumber yards,
home improvement centres, building supply establishments, welding and machine shops,
and construction trades:
(a)
The location of the use will only be favourably considered where it can be
demonstrated that the use and intensity is appropriate to the site and that it will
have a minimal impact on the surrounding, adjacent areas. Consideration may be
given, but is not limited to, the following effects:
(i)
municipal servicing capacity;
(ii)
anticipated levels of noise, odour, smoke, fumes, dust, lighting, glare,
vibration or other emissions emanating from the operation;
(iii)
anticipated increased levels or types of vehicle traffic, unsafe conditions
Town of Foam Lake Zoning Bylaw
33
or situations for vehicles, cyclists or pedestrians; and,
(iv)
utilization of hazardous substances.
(b)
All materials and goods shall be stored within an enclosed building or within an
area hidden from view by screening, or within an area hidden from view by
screening.
(2)
Convenience stores:
(a)
Convenience stores should, where possible, be located on corner sites to facilitate
access.
(b)
The location of the convenience store will only be favourably considered where it
can be demonstrated that residential amenity will not be unreasonably
compromised.
(c)
Vehicle car parking and access areas should not form a dominant element in the
streetscape.
(d)
Any new parking and loading areas should be landscaped to improve the visual
appearance of this site.
(3)
Community centres, clubs, places of worship, cultural institutions, schools, and public
and commercial recreation facilities:
(a)
Schools, clubs and places of worship should, where possible, be located on
corner sites to facilitate access.
(b)
Public elementary and secondary schools should, where possible, be located
adjacent to public open space.
(c)
The site should be accessible from arterial or collector streets to avoid heavy
traffic volumes on local streets.
(d)
Consideration should be given to the location of entry and exit points of the site
and their relationship with existing intersections and adjacent residential units.
(e)
Parking and loading areas should be landscaped to minimize their impact on the
streetscape and to improve the visual appearance of the site.
(4)
Dwelling groups:
(a)
The suitability of a proposal will be considered with respect to:
(i)
the capacity of the adjoining street system to handle the expected traffic
volumes;
(ii)
the density of the proposed dwelling group, the arrangement on the site
of the proposed buildings, on-site parking and traffic considerations, and
access for fire-fighting and other emergency equipment.
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Town of Foam Lake Zoning Bylaw
(b)
Dwelling groups are also subject to Section 5.6.
(5)
Golf courses:
(1)
Consideration will be given to the compatibility of the golf course with future
land use plans and adjacent land uses.
(2)
Insofar as possible, proposed golf courses shall respond to the natural topography
and drainage of the site, and employ minimal clearing of native vegetation.
(3)
Buffers shall be provided to protect existing, adjacent neighbourhoods by
mitigating the adverse impacts of sound, visibility and traffic.
(4)
Council will consider the following as an asset in the development of a golf
course:
(i)
maximum use of existing landforms and native grasses and vegetation;
(ii)
an alternative water source to potable water; and,
(iii)
water conserving irrigation systems.
(6)
Indoor storage rental facilities, and recycling depots:
(a)
The use shall be located where practical, in a non-highly visible area, and
screened to avoid any adverse visual impact. Landscaping and screening
acceptable to Council shall be provided in all yards facing a public roadway or
properties in residential use.
(7)
Multiple unit dwellings:
(a)
Multiple unit dwellings may be developed where located on a second or higher
floor over office, retail, restaurant, café and personal service use on the first
storey.
(b)
The parking required for multiple unit dwellings is additional to the parking
required for the commercial uses.
(c)
The suitability of a proposal will be considered with respect to:
(i)
adherence to any concept plan prepared for the proposed development
area, including the proposed location of all forms of multiple unit
dwellings;
(ii)
the convenience of parking; and,
(iii)
the size, quality, and amenities provided for the proposed dwelling units.
Town of Foam Lake Zoning Bylaw
35
(8)
Night clubs and taverns
(a)
The location of a night club or tavern will only be favourably considered where it
can be demonstrated that the use will have a minimal impact on the amenity of
the surrounding district and adjacent areas and that these areas will not be
unreasonably compromised.
(b)
The character of adjacent residential districts, along the zone interface, shall,
where possible, be protected and maintained through the provision of buffer
areas, separation distances and / or screening.
(c)
Night clubs and taverns shall maintain the character, density and purpose of the
surrounding area and the district they lay within.
(9)
Manufactured dwellings / homes
(a)
The location of the use will only be favourably considered where it can be
demonstrated that:
(i)
The manufactured dwelling is certified by the manufacturer to comply
with the CSA-Z240 standard and was manufactured within ten years
from the date of the discretionary use application.
(ii)
The manufactured dwelling will be consistent with the general
appearance, size and quality of other dwellings in the immediate
vicinity.
(iii)
The manufactured dwelling will be permanently connected to water and
sewer services provided by the municipality and will permanently
connect, as available, to other public utilities.
(iv)
The manufactured dwelling will be located on a fixed, approved
foundation that complies with the requirements of the National Building
Code of Canada.
(v)
The dwelling will not be located on a corner site.
3.10 AMENDING THE ZONING BYLAW
3.10.1 Any person seeking to amend this Zoning Bylaw may submit an application and required fees for
such amendment, described in Section 3.12 of this Bylaw, to the Development Officer.
3.10.2 Council may authorize a proposed amendment to the Zoning Bylaw, and that amendment may be
adopted by bylaw, subject to Section 3.10.3 of this Bylaw.
3.10.3 Sections 206-212 of The Act shall govern the process to be followed with respect to public notice
and public participation in the adoption of a bylaw proposed to amend this Bylaw.
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Town of Foam Lake Zoning Bylaw
3.11 CONTRACT ZONING
3.11.1 A zoning designation which is subject to an agreement entered into pursuant to the provision of
Section 69 of The Act shall be indicated on the Zoning District Map by the addition of the Bylaw
number authorizing agreement after the zoning district designation.
3.12 FEES
3.12.1 The applicant for a development permit shall pay an application fee in accordance with the
following:
(a)
Permitted principal use:
$0
(b)
Permitted accessory use:
$0
(c)
Permitted ancillary use:
$0
(d)
Discretionary principal use:
$0
(e)
Discretionary accessory use:
$0
(f)
Discretionary ancillary use:
$0
3.12.2 Detailed review costs:
(a)
General: Where a development or subdivision proposal involves a detailed review, a plan
or Zoning Bylaw amendments, a development agreement, a servicing agreement, detailed
development conditions, liability insurance, performance bonds, caveats, or legal and
professional planning advice, Council may require the applicant to pay the full cost of the
additional application review and administration costs, as Council may determine by
resolution.
(b)
Items: Such costs may include Council meetings, legal and professional planning costs,
municipal administration fees and site inspection fees, as determined by Council.
(c)
Documentation: Such costs may be addressed and clarified in Council specified
documents, including development and servicing agreements.
3.12.3 An applicant seeking amendment to the Zoning Bylaw shall pay the following fees:
(a)
The costs of advertising and providing written notice associated with the application; and
(b)
The following fees, where applicable:
(i)
Text amendments: $200; and/or
(ii)
Map amendments:
Class 1 Districts: FUD, CS, PR
Class 2 Districts: C1, C2, M
Class 3 Districts: R1, R2, RMH
Town of Foam Lake Zoning Bylaw
37
Zoning Map
Amendments
To
Class 1
Class 2
Class 3
From
Class 1
$100
$200
$500
Class 2
$100
$200
$300
Class 3
$100
$200
$200
(c)
Where an application to amend the Zoning Bylaw involves amendment within two or
more of the above classes, the sum of the amendment fees shall apply for all classes, in
addition to the fee for the text amendment, if applicable.
3.13 ZONING COMPLIANCE, OFFENCES AND PENALTIES
3.13.1 Pursuant to Section 242 of The Act, the Development Officer may issue a zoning compliance
order for development that contravenes this bylaw in order to achieve bylaw compliance.
3.13.2 Any person who violates this bylaw is guilty of an offence and liable upon summary conviction,
to penalties and subject to an order as stated in Section 243 of The Act:
(a)
in the case of an individual, a fine of not more than $10,000, to imprisonment for not more
than one year or to both;
(b)
in the case of a corporation, a fine of not more than $25,000;
(c)
in the case of a continuing offence, to a maximum daily fine of not more than $2,500 per day
or part of a day.
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Town of Foam Lake Zoning Bylaw
Town of Foam Lake Zoning Bylaw
39
4
GENERAL REGULATIONS
4.1 LICENCES, PERMITS AND COMPLIANCE WITH OTHER BYLAWS AND
LEGISLATION
Nothing in this Bylaw shall exempt any person from complying with the requirement of any other
municipal or provincial regulations and requirements nor from obtaining any licence, permission,
permit, authorization or approval required by such requirements or regulations.
4.2 BUILDING LINES
Where a building line in a residential district has been established by existing buildings in a block
having at least one half the lots built upon, the front yard requirement for the applicable zoning
district will be considered to be the existing building line.
4.3 NUMBER OF PRINCIPAL BUILDINGS PERMITTED ON A SITE
Only one principal building shall be placed on a site with the exception of dwelling groups,
shopping centres, industrial complexes, recreation facilities, schools, hospitals, senior citizens'
homes, personal care homes and public works.
4.4 HEIGHT RESTRICTIONS
Any height limitations or regulations shall not apply to chimneys, flagpoles, spires, belfries,
cupolas, television antennas, solar collectors, or other appurtenances usually required to be placed
above the roof level, and not intended for human occupancy.
4.5 VISIBILITY CLEARANCE AT INTERSECTIONS (SIGHT TRIANGLES)
In any district, nothing shall be erected, placed, planted, or allowed to grow so as to obscure
vision at a height of one (1) metre or greater above the elevation of the centre of the abutting
street or lane within the triangular area labelled as "Sight Triangle", with distances measured
accordingly, in Figure 2-1 in Section 2 of this Bylaw.
4.6 REQUIRED YARDS AND OPEN SPACE
4.6.1
Minimum Yards Required
No portion of any yard or open space required about any principal building or use shall provide
any portion of a yard or open space for any other principal building or use.
4.6.2
Permitted Obstructions in Required Yards
The following shall not be considered to be obstructions and shall not be considered in the
determination of yard dimensions or site coverage:
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Town of Foam Lake Zoning Bylaw
(1)
In all yards:
(a)
steps or ramps of 1.6 metres (5.3 feet) or less above grade level which are
necessary for access to a building or for access to a site from a street or lane;
trees; shrubs; walks; non-covered driveways; fences; trellises; flag poles and
wheelchair ramps.
(2)
In front yards:
(a)
overhanging eaves and gutters projecting not more than 1.0 metre (3.3 feet) into
the required front yard;
(b)
lighting fixtures and lamp posts;
(c)
non-covered patios and non-covered decks measuring not more than 0.4 metres
(1.3 feet) above grade;
(d)
non-covered patios and non-covered decks measuring more than 0.4 metres (1.3
feet) above grade, projecting not more than 1.8 metres (5.9 feet) into the required
front yard;
(e)
canopies, awnings or balconies projecting not more than 1.8 metres (5.9 feet) into
the required front yard; and,
(f)
architectural features, chimneys, bay windows, bow windows or other projecting
windows, projecting not more than 0.6 metres (2.0 feet) into the required front
yard.
(3)
In rear yards:
(a)
non-covered patios and non-covered decks measuring not more than 0.6 metres
(2.0 feet) above grade, provided they are located at least 3.0 metres (9.8 feet)
from the rear site line;
(b)
non-covered patios and non-covered decks measuring more than 0.6 metres (2.0
feet) above grade, projecting not more than 3.0 metres (9.8 feet) into a required
rear yard, provided they are located at least 3.0 metres (9.8 feet) from the rear site
line;
(c)
canopies, awnings or balconies, provided they are located at least 3.0 metres (9.8
feet) from the rear site line;
(d)
overhanging eaves and gutters, architectural features, chimneys, bay windows,
bow windows or other projecting windows, projecting not more than 1.0 metre
(3.3 feet) into the required rear yard;
(e)
laundry drying equipment, recreational equipment, garbage stands and private
swimming pools and tennis courts when open to the sky; and
(f)
on interior sites, enclosed private swimming pools when attached to the principal
building, projecting not more than 3.0 metres (9.8 feet) into the required yard.
Town of Foam Lake Zoning Bylaw
41
(4)
In side yards:
(a)
non-covered patios and non-covered decks measuring not more than 0.6 metres
(2.0 feet) above grade;
(b)
non-covered patios and non-covered decks measuring more than 0.6 metres (2.0
feet) above grade, provided they are located at least 0.6 metres (2.0 feet) from the
side site line;
(c)
architectural features, eaves, chimneys, bay windows, bow windows or other
projecting windows, projecting not more than 0.6 metres (2.0 feet) into the
required side yard;
(d)
laundry drying equipment, recreational equipment, garbage stands and private
swimming pools and tennis courts when open to the sky.
4.7 BARE LAND CONDOMINIUMS
Regulations and development standards for buildings, uses and sites in all zoning districts shall
also apply to buildings, uses and bare land units that are part of an approved bare land
condominium plan.
4.8 FENCES
Fences within the Town of Foam Lake shall conform to the Town of Foam Lake Bylaw No. 4-
2017, known as a bylaw to control the use of streets, lanes, sidewalks and other town owned land
and to control the construction of fences on private land and near an intersection, and
amendments thereto.
4.9 ACCESSORY BUILDINGS AND STRUCTURES
4.9.1
Accessory buildings shall be subordinate to, and located on the same site as the principal building
or use, and used in conjunction with that principal use.
4.9.2
Time of Construction
(1)
Accessory buildings shall not be constructed or placed on any site prior to the
construction of the principal building except in the following cases:
(a)
Where a development permit has been issued for a principal building, Council
shall allow prior development of an accessory building where such building is
required for the storage of construction material or equipment. If the principal
building is not completed within the effective time period of the development
permit for the associated principal building, the accessory building shall be
removed.
4.9.3 Height of Accessory Buildings
(1)
In any Commercial, Industrial, Community Service, Parks and Recreations, or Future
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Town of Foam Lake Zoning Bylaw
Urban Development district accessory buildings are not to exceed the height of the
principal building.
(2)
In any Residential district, accessory buildings are not to exceed the height of the
principal building. In no case shall the height of an accessory building exceed 4.25 metres
(14.0 feet) from the floor or grade level to the peak height of the roof.
(3)
Garden and garage suites shall be subject to the height requirements contained in Section
5.9 of this Bylaw.
4.9.4
Private Garages and Carports
(1)
Private garages and carports, attached to the principal building by a substantial roof
structure, are considered as part of the principal building and subject to the regulations
governing the principal building.
(2)
On any site in any Residential district, only one detached garage not exceeding 121 m2
(1,300 ft2) in area is permitted.
(3)
Except when conforming to established building lines, no main door of a garage which
faces a street shall be within 3.0 metres (9.8 feet) of the side site line faced by the door.
4.9.5
Location and Size of Accessory Buildings
(1)
Detached accessory buildings in all districts are subject to the following regulations:
(a)
Accessory buildings shall not be located in any required front yard.
(b)
The minimum rear yard setback of an accessory building shall be 0.6 metres (2.0
feet), except where the main door faces the rear site line, the minimum setback
shall be 1.2 metres (3.9 feet).
(c)
Accessory buildings shall have a minimum side yard setback of 1.0 metre (3.3
feet). If a main door faces a side site line that abuts a road, the minimum setback
shall be 3.0 metres (9.8 feet).
(d)
Accessory buildings located in a rear yard shall not occupy more than 40% of the
rear yard.
(e)
Detached accessory building shall be located a minimum of 1.0 metre (3.3 feet)
from a principal building.
4.9.6
Number of Accessory Buildings
(1)
In any Residential district, there shall be no more than three accessory buildings on a site.
4.9.7
Accessory Fabric Covered Structures and Pole Sheds
(1)
In all Residential districts, no more than one fabric covered structure with a maximum
area 18.6 m2 (200.0 ft2) shall be permitted as an accessory structure.
Town of Foam Lake Zoning Bylaw
43
(2)
Fabric covered structures and pole sheds shall be permitted as an accessory structure in
the C2 and M1 districts.
(3)
Development applications for fabric covered structures and pole sheds greater than 18.6
m2 (200.2 ft2) must include a drawing stamped by a Professional Engineer to ensure the
structure will meet the requirements of the National Building Code of Canada.
4.9.8
Temporary Fabric Covered Structures
(1)
In any District, temporary fabric covered structures shall be allowed for a period not to
exceed seven days in a calendar year.
4.9.9
Shipping Containers
(1)
Shipping containers shall be prohibited in all districts except the CS, C2 and M districts.
(2)
Shipping containers shall only be used for shipping or storage purposes accessory to the
principal use of the site and shall comply with the site requirements for accessory
buildings for the applicable zoning district.
(3)
Shipping containers shall:
(a)
be properly anchored and maintained in good repair;
(b)
be sandblasted and repainted to a neutral colour or complement the colours of the
principal building prior to their placement, above grade, on a site;
(c)
be located a minimum of 3.0 metre (9.8 feet) from, and behind the rear wall of,
the principal building; and
(d)
meet the requirements of The National Building Code of Canada as applicable.
(4)
A maximum of one shipping container per property is permitted. Additional shipping
containers may be permitted at the discretion of Council.
(5)
Shipping containers shall be located in the side or rear yard only. They shall not project
beyond the building front line of the primary building.
(6)
Shipping containers shall be kept clean, level, maintained, and placed in an orderly
manner. Application for a development permit for shipping containers must occur prior to
relocation to the site.
(7)
Shipping containers shall not block, obstruct, or reduce exits, windows, parking spaces,
or driveways.
(8)
Shipping containers are prohibited from being plumbed in any manner.
(9)
Shipping containers shall not be stacked on top of one another.
(10)
Notwithstanding subsection (1), shipping containers may be temporarily placed on a site
in any district:
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Town of Foam Lake Zoning Bylaw
(a)
during active construction on a site where the shipping container is used solely
for the storage of supplies and equipment that are used for construction
operations on site, provided that a valid building permit has been issued for
construction, and provided that the shipping container is removed from the site
upon completion of construction; or,
(b)
for the purpose of loading and unloading of items associated with the principal
use for a period of not more than 10 days in any six month period. The
Development Officer may grant one extension of up to 10 days for large-scale
projects.
(11)
When placed on a site pursuant to subsection (10), the shipping containers shall:
(a)
be located so as not to create a safety hazard;
(b)
not be placed on a public right-of-way or dedicated lands; and
(c)
not be located within 1.2 metres (3.9 feet) of the interior edge of a sidewalk.
4.9.10 Private Swimming Pools
(1)
Private swimming pools are permitted in all Residential Districts subject to the following
requirements:
(a)
private swimming pools shall not be located in any required front yard;
(b)
private swimming pools shall not be located any closer than 1.2 metres (3.9 feet)
from any side or rear property line;
(c)
private swimming pools shall not be located upon any easement or right-of-way,
or on top of any utility lines;
(d)
all private swimming pools shall be enclosed by an Enclosure, being a non-
climbable fence not less than 1.8 metres (5.9 feet) in height, either around the
pool area or perimeter of the site and shall include a security gate;
(e)
the Enclosure shall be in place prior to the pool being filled with water;
(f)
the Enclosure shall not contain any gaps or openings, which will permit a
spherical object of 100 mm (0.3 feet) in diameter to pass through;
(g)
gates, which forms part of an Enclosure, shall comply with the following:
(i)
all gates shall be equipped with a self-latching device designed to hold
the gate in the closed position after each use and have the capacity of
being locked;
(ii)
when a private swimming pool is not attended by the owner or occupant,
all gates or other entrances to the Enclosure shall be locked;
Town of Foam Lake Zoning Bylaw
45
(h)
in the case of a private swimming pool, which is a hot tub or whirlpool, the
requirements of subsection (l), above, shall not apply provided all of the
following provisions are provided:
(i)
the hot tub or whirlpool has a cover with the strength to support the
weight of an adult walking across the top;
(ii)
the hot tub or whirlpool has a lockable device to prevent access to the
water by unauthorized persons; and
(iii)
the cover is maintained in place and locked at all times when the hot tub
or whirlpool is unsupervised;
(i)
all private swimming pools shall meet the standards of any applicable provincial
regulations regarding swimming pools.
4.9.11 Easements
(1)
All buildings or structures shall be located on a site so as to comply with the requirements
of any easement or other development restriction registered as an interest on the title of
the subject property. It shall be the responsibility of the property owner and the person or
corporation who has registered the interest to ensure compliance with said easement or
restriction.
4.10 OFF-STREET PARKING AND LOADING
4.10.1 Parking and Loading Spaces Required with Development
(1)
No person shall erect, enlarge, or extend any building or structure permitted under this
Bylaw, unless the required parking and loading spaces are provided and maintained in
connection with the new, enlarged, or altered building or structure.
(2)
When the intensity of use of any building, structure, or premises is increased through the
addition of dwelling units, floor area, seating capacity, or other specified units of
measurement for required parking and loading facilities, parking and loading facilities as
required in this Bylaw shall be provided for any increase in intensity of use.
(3)
Wherever the existing use of a building or structure is changed to a new use, parking and
loading facilities shall be provided as required for the new use; however, if the building
or structure was erected prior to the effective date of this Bylaw, additional parking and
loading facilities are mandatory only in the amount by which the requirements for the
new use exceed the requirements for the existing use.
(4)
When the calculation of parking requirements results in a fractional required parking
space, this fractional requirement shall be rounded up to the next whole number.
4.10.2 Payment in Lieu of Required Off-street Parking Facilities
(1)
Council may exempt any applicant for a use permitted in the C1 district from the
requirement of providing off-street parking facilities where, in lieu thereof, the applicant
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Town of Foam Lake Zoning Bylaw
pays or agrees to pay the Council the sum of money calculated by multiplying the
number of off-street parking spaces that would otherwise be required by $2,000.
(2)
The payment of, or agreement to pay, such sums of money shall be subject to such terms
and conditions as Council may determine.
(3)
The municipality shall maintain a permanent record of all payments, or agreements to
pay, in lieu; and shall expend any moneys received for payment in lieu of parking
facilities in accordance with Section 61 of The Act.
4.10.3 General Regulations for Off-street Parking and Loading
(1)
All required parking and loading facilities shall only be used for the purpose of
accommodating the vehicles of clients, customers, employees, members, residents or
visitors in connection with the principal building or use for which the parking and loading
facilities are provided, and the parking and loading facilities shall not be used for
driveways, access/egress, commercial repair work or long-term display, signage, sale or
storage of goods of any kind.
(2)
Required parking and loading facilities shall provide for and include an adequate, safe
and convenient arrangement of vehicular points of ingress or egress, driveways, internal
roadways, aisles and ramps, unloading and loading of motor vehicles all in relation to
buildings and entry points to buildings on the site. Such facilities shall comply with the
following design, development and maintenance standards:
(a)
All required parking and loading facilities shall be clearly demarcated and have
adequate storm water drainage and storage facilities.
(b)
All non-required parking and loading facilities shall be appropriately surfaced by
gravel, asphalt, concrete or other similar material.
(c)
Where warranted, on-site traffic signs shall be provided.
(d)
In situations where lighting of off-street parking and loading facilities is to be
provided, the lighting shall be arranged, installed and maintained to deflect,
shade and focus light away from any adjacent land used or intended to be used
for residential purposes.
(e)
All required parking and loading spaces shall be clear of any access driveways,
aisles, ramps, columns, signs or other similar obstructions, and shall conform to
the minimum dimensions set out in Table 4-1.
Town of Foam Lake Zoning Bylaw
47
Table 4-1: Parking and Loading Space Dimension Requirements
Type of Space
Minimum Dimension
Minimum Vertical Clearance
Parking spaces having direct
access to a registered lane
2.7 metres x 6.0 metres
8.9 feet x 19.7 feet
2.0 metres
6.6 feet
Parallel parking spaces
3.0 metres x 6.7 metres
9.8 feet x 22.0 feet
2.0 metres
6.6 feet
Barrier free parking spaces
3.9 metres x 6.0 metres (12.8 feet x 19.7 feet)
for one space, or 6.3 metres x 6.0 metres
(20.7 feet x 19.7 feet) for two spaces side by
side
2.0 metres
6.6 feet
Parking spaces other than
those described above
2.7 metres x 6.0 metres
8.9 feet x 19.7 feet
2.0 metres
6.6 feet
Loading space
3.0 metres by 7.5 metres
9.8 feet x 24.6 feet
4.0 metres
13.1 feet
(f)
All required parking and loading spaces shall, without excessive vehicular
manoeuvring, have direct access to a driveway, aisle or registered lane leading to
a public street. Driveways and aisles which provide access to parking or loading
spaces shall conform to the following minimum dimensions:
Parking Angle in Degrees
Width of Aisle or Driveway
75 to 90
6.0 metres (19.7 ft) (two-way traffic)
50 to 74
5.5 metres (18.0 ft) (two-way traffic)
49 or less
3.7 metres (12.1 ft) (one-way traffic only)
For the purpose of the above minimum dimensions, angles shall be measured
between the centre line of the parking or loading space and the centre line of the
driveway or aisle.
(g)
All entrances to and exits from a required parking facility shall be designed in
such a manner to minimize traffic congestion and interference with traffic
movement along public streets.
(h)
Driveways leading to a public street or public right-of-way or to an internal
private roadway, aisle, ramp or parking space shall be of sufficient length and
width to accommodate expected vehicle volumes and therefore minimize traffic
congestion and interference of traffic movement within the required parking
facility and along public streets. The length, width and slope of such driveways
shall be based upon accepted engineering roadway design principles.
(i)
For multiple unit dwellings, all parking spaces shall be suitably screened from
view from adjacent streets, and all required visitor parking spaces shall be clearly
marked or signed as such.
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Town of Foam Lake Zoning Bylaw
4.10.4 Required Off-street Parking and Loading in All Districts
(1)
The minimum off-street parking requirements for all districts are set out in Table 4-2.
The required off-street parking categories are then cross-referenced by use in the District
Development Standards tables throughout Section 6 of this Bylaw.
(2)
In all Residential districts, required off-street parking shall not be located in any required
front yard. This provision shall not apply to single detached, two-unit, and semi-detached
dwellings.
(3)
Each non-residential building with a floor area greater than 500 m2 (5382.0 ft2) shall
provide one off-street loading space.
4.10.5 Parking and Storage of Vehicles in Residential Areas
(1)
Parking and operation of vehicles, recreation vehicles and other portable structures such
as, but not limited to, trailers, campers, motorhomes, etc., shall conform to the Town of
Foam Lake Traffic Bylaw No. 3-80 and amendments thereto.
4.10.6 Barrier Free Parking Requirements
(1)
For uses other than a multiple unit dwelling, a minimum of one barrier free parking space
shall be provided for any required parking facility accommodating more than three
parking spaces. A minimum of one percent of total required parking capacity shall be
barrier free for parking facilities accommodating more than 100 parking spaces.
(2)
Barrier free parking spaces shall be located not more than 50.0 metres (164.0 feet) from a
main entrance to the principal building or use on the subject site.
(3)
Barrier free parking spaces shall be designated as reserved for use by persons with
physical disabilities by the international symbol to identify accessible parking stalls, and
where surfaces are paved, have the international symbol of accessibility marked on the
pavement of the stall and access aisle.
4.10.7 Bicycle Parking
(1)
Bicycle parking structures should be provided for uses such as schools, public recreation
facilities, libraries, multiple-unit apartment dwellings and community service uses.
Town of Foam Lake Zoning Bylaw
49
Table 4-2: Off-Street Parking Requirements in All Districts
Parking
Category
Off-Street Parking Spaces Required
0
No off-street parking required
1
1 space per dwelling unit
2
1 space per dwelling unit plus 0.1 space per dwelling unit for visitors
3
1 space plus 1 space for each guest room
4
1 space per 50 m2 (538.2 ft2) of gross floor area
5
1 space per 28 m2 (301.4 ft2) of gross floor area
6
1 space per 4 beds plus 1 space per employee
7
3 spaces per 10 seats in main assembly area (or (where no fixed seating is provided) 1 space per 2.5 m2
(26.9 ft2) of gross floor area devoted to main assembly area.
8
1 space per 4 seats intended for patrons use
9
1 space per 2 guest rooms plus 1 space per 15m2 of gross floor area devoted to the public assembly plus
the applicable parking requirements for any other use contained on the site.
10
1 space per 50 m2 (538.2 ft2) of gross floor area, or 1 space per 3 employees, whichever is greater.
11
1 space per 90 m2 (968.8 ft2) of gross floor area
12
1 space plus one space per 5 persons enrolled in the facility
13
1 space for 8 patrons at design capacity
14
1 space plus 1 additional space for every 10 persons enrolled in the facility per day
15
1 space per 10 seats in main assembly are or (where no fixed seating is provided) 1 space per 7.5 m2
(80.7 ft2) of gross floor area devoted to main assembly area
16
1 space per non-resident employee
17
1 space per staff member
18
1 space per staff member plus 3 spaces for each classroom, with parking permitted in a front, side and/or
rear yard
19
1 space per bay
20
1.2 spaces per classroom plus 1 space per 8 students at design capacity
21
1 space per 50 m2 (538.2 ft2) of gross floor area, excluding garage area
22
1 space per 50 m2 (538.2 ft2) of gross floor area or, for primarily outdoor recreational uses, 1 space per 8
patrons at design capacity
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Town of Foam Lake Zoning Bylaw
4.11 SIGNS
All signs shall be subject to the following regulations:
4.11.1 General
(1)
In addition to signs permitted as set out below, temporary election signs, and temporary
signs bearing notice of sale or lease or other information relating to a temporary condition
affecting the property, are permitted.
(2)
Signs shall not be located in sight triangles for intersections or driveways or in such a
manner that they visually obstruct sight triangles or otherwise jeopardize public safety,
subject to Section 4.5 of this Bylaw.
(3)
Except when otherwise provided, no sign shall project beyond the property lines of the
site to which it pertains.
(4)
Subject to the general provisions governing their location, directional signs providing on-
site directions for the convenience and safety of persons using the site shall be permitted.
(5)
Permitted home based businesses may display one fascia or window sign, not exceeding
0.3 m2 in area, identifying the name of the home based business. Such sign shall not be
illuminated and shall be affixed to the principal building. (Note: on multiple unit
residential buildings, other permissions may be required to display a home based business
sign and no right to place such a sign in such situations is conveyed in this Bylaw.)
4.11.2 On any site in any Residential or Future Urban Development district, signs may be erected as
follows:
(1) Sign provisions applying to permitted principal residential uses, commercial uses and
community service uses in any Residential or Future Urban Development district are set out
in Table 4-3. The following provisions also apply:
(a)
No roof signs shall be permitted;
(b)
Illuminated signs shall have a steady internal light source or a steady external
light source shielded so that the light is directed only at the face of the sign;
(c)
Signs applying to community service uses must not display advertising of any
commercial service or product.
Town of Foam Lake Zoning Bylaw
51
Table 4-3: Sign Regulations in Residential and FUD Districts
Use
Max. # of
Signs
Max. Total
Sign Face
Area (m2)
Max # of
Freestanding
Signs
Max. Height
of
Freestanding
Signs (m)
Max Sign Face Area for
Freestanding Signs (m2)
Per Face
Total
All principal residential uses for
which a permit has been issued
1 (1)
0.4 (1)
4.3 sq.feet
1 (1)
2 (1)
6.6 feet
1
10.8 sq.feet
2
21.5 sq.feet
All principal commercial uses for
which a permit has been issued
2
6
64.5 sq. feet
1
2.5
8.2 feet
2
21.5 sq.feet
4
43.1 sq.feet
All principal community service
uses for which a permit has been
issued
2
10
107.6 sq. feet
1
3
9.8 feet
2.5
26.9 sq.feet
5
53.8 sq.feet
(1) Multiple unit dwellings and dwelling groups are permitted one additional sign, up to 1.0 m2 (10.76 ft2) area,
showing the name of the building or group.
4.11.3 On any site in any Community Service district, signs may be erected as follows:
(1)
Sign provisions applying to permitted principal community service uses, residential uses,
and commercial uses in the Community Service district are set out in Table 4-4. The
following provisions also apply:
(a)
No roof signs shall be permitted;
(b)
Illuminated signs shall have a steady internal light source or a steady external
light source shielded so that the light is directed only at the face of the sign;
(c)
Signs applying to community service uses must not display advertising of any
commercial service or product.
Table 4-4: Sign Regulations in Community Service Districts
Use
Max. # of
Signs
Max. Total
Sign Face
Area (m2)
Max # of
Freestanding
Signs
Max. Height
of
Freestanding
Signs (m)
Max Sign Face Area for
Freestanding Signs (m2)
Per Face
Total
All principal residential uses for
which a permit has been issued
1 (1)
0.4 (1)
4.3 sq. feet
1(1)
2(1)
6.6 feet
1
10.8 sq. feet
2
21.5 sq. feet
All principal commercial uses for
which a permit has been issued
2
18
193.8 sq. feet
1
6
19.7 feet
6
64.6 sq. feet
12
129.2 sq. feet
All principal community service
uses for which a permit has been
issued
3
18
193.8 sq. feet
1
3
9.8 feet
6
64.6 feet
12
129.2 sq. feet
(1) Multiple unit dwellings and dwelling groups are permitted one additional sign, up to 1.0 m2 area, showing the
name of the building or group.
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Town of Foam Lake Zoning Bylaw
4.11.4 On any site in any Commercial or Industrial district, signs may be erected as follows:
(1)
Sign provisions applying to permitted principal commercial/industrial uses, community
service uses and residential uses in Commercial and Industrial districts are set out in
Table 4-5. The following provisions also apply:
(a)
Illuminated signs applying to commercial or industrial uses shall have an internal
light source or an external light source shielded so that the light is directed only
at the face of the sign;
(b)
A freestanding sign applying to a commercial or industrial use may be located in
a required yard provided that the Development Officer is satisfied that it does not
create an obstruction to vehicle or pedestrian traffic or a hazard to public safety;
(c)
Free standing signs shall maintain a minimum vertical clearance of 3.0 metres
(9.8 feet) above grade over any vehicle circulation area on the site;
(d)
Signs other than freestanding signs shall have a minimum vertical clearance of
2.7 metres (8.9 feet) above grade where they project more than 75 mm (0.3 feet)
from the building face;
(e)
Awning signs shall not project more than 1.8 metres (5.9 feet) from the building
face;
(f)
Projecting signs shall not project more than 1.8 metres (5.9 feet) above the eaves
or parapet of a supporting building;
(g)
Electronic message centre signs are permitted in the C1 and C2 districts subject
to compliance with the following requirements:
(i)
Electronic message centre signs shall be equipped with a dimmer switch,
which must be adjusted in accordance with any direction given by the
Development Officer;
(ii)
Flashing images or flashing lights are not permitted on electronic
message centre signs;
(iii)
Sound, live video feeds, or video clips exceeding 10 seconds in length
are not permitted on an electronic message centre sign;
(iv)
Electronic message centre signs shall be located at least 50.0 metres
(164.0 feet) from any residential property line;
(h)
Signs applying to community service uses must not display advertising of any
commercial service or product;
(i)
Except in the C1 district, no sign shall project beyond the property lines of the
site to which it pertains. The following provisions for signs in the C1 district
shall apply:
(i)
In the C1 district, no projecting sign may project perpendicularly from
Town of Foam Lake Zoning Bylaw
53
the property line more than 3.0 metres (9.8 feet) or beyond a point 0.6
metres (2.0 feet) from the building side of the curb line, whichever is
less;
(ii)
In the C1 district, no projecting sign may be suspended less than 2.6
metres (8.5 feet) above the surface of a public sidewalk or pedestrian
right-of-way;
(j)
Roof signs are permitted only on a principal building on any site and only one
roof sign shall be permitted on each principal building; and,
(k)
No portion of any roof sign may project beyond any exterior wall or parapet of
the building upon which it is placed.
Table 4-5: Sign Regulations in Commercial and Industrial Districts
Use
Max. # of
Signs
Max. Total
Sign Face
Area (m2)
Max # of
Freestanding
Signs
Max.
Height of
Freestand
ing Signs
(m)
Max Sign Face Area for
Freestanding Signs (m2)
Per Face
Total
All principal commercial / industrial
uses for which a permit has been
issued
n/a
n/a
(1)
(2)
(3)
(3)
All principal community service uses
for which a permit has been issued
3
18
193.8 sq. feet
1
3
9.8 feet
6
64.6 sq. feet
12
129.2 sq. feet
All principal residential uses for which
a permit has been issued
1 (4)
0.4 (4)
4.3 sq. feet
0
n/a
n/a
n/a
(1) In the C1 district, a maximum of one freestanding sign shall be permitted on sites with a minimum site width of
20.0 m (65.6 feet).
In the C2 and M districts, a maximum of one freestanding sign shall be permitted.
(2) In the C1 district: 6.0 m (19.7 feet)
In the C2 and M districts: 10.0 m (32.8 feet)
(3) In the C1 district: maximum 5.0 m2 (53.8 ft2) sign face area and 10 m2 (107.6 ft2) total sign face area.
In the C2 and M districts: maximum 9.0 m2 (96.9 ft2) sign face area and 18 m2 (193.8 ft2) total sign face area.
(4) Multiple unit dwellings and dwelling groups are permitted one additional sign, up to 1.0 m2 (10.8 ft2), showing
the name of the building or group.
4.11.5 Portable Sign Regulations
(1)
No portable sign shall have a single face area greater than 4.5 m2 (48.4 ft2) or a gross face
area greater than 9.0 m2 (96.9 ft2).
(2)
No portable sign shall have a height greater than 2.0 metres (6.6 feet) above grade.
(3)
No portable sign shall occupy any space required for off-street parking unless the site
contains off-street parking in excess of that required under this Bylaw.
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Town of Foam Lake Zoning Bylaw
(4)
On any single site, no portable sign may be located closer than 20.0 metres (65.6 feet) to
any other portable sign.
4.12 LANDSCAPING
4.12.1 General Regulations for Landscaping
(1)
Required landscaping shall be installed and maintained in accordance with the following
standards and policies:
(a)
Landscaped areas required to be provided within any front or side yard shall not
be used for any purpose except for signs or structures otherwise permitted or
driveways leading to a parking or loading facility.
(b)
The landscaping area shall be developed within the next growing season after
occupancy or partial occupancy of the building or the site.
(c)
All plant materials are encouraged to be a species capable of healthy growth in
Saskatchewan and should conform to the standards of the Canadian Nursery
Landscape Association.
(d)
All areas set aside for plant materials and turf are encouraged to be provided with
an underground sprinkler irrigation system or other adequate means of irrigation,
with at least one outside spigot for each principal building.
(e)
All trees provided for planting are encouraged to be a minimum 45 mm (0.1 feet)
caliper for deciduous trees and 1,800 mm (5.9 feet) in height for coniferous trees.
(f)
All shrubs provided for planting are encouraged to be a minimum height and
spread of 450 mm (1.5 feet).
(g)
Continuous raised or precast curbing of not less than 150 mm (0.5 feet) in height
are encouraged to be placed along the perimeter of any landscaped area abutting
a driveway or off-street parking or loading facility.
(h)
Trees are encouraged to be planted in the overall minimum ratio of one tree per
45 m2 (484.4 ft2) of landscaped area or fraction thereof provided. Spacing
between trees should not obstruct traffic sight lines, signs, or essential services at
full maturity.
(i)
Shrubs are encouraged to be planted in the overall minimum ratio of one shrub
per 20 m2 (215.3 ft2) of required site landscape area or fraction thereof.
(j)
Hard landscaping should not cover more than 15% of a required landscaped area.
(2)
The provision of landscaping shall be a condition of the issuance of a development permit
wherever the existing use of a building or structure is significantly enlarged, undergoes a
significant increase in capacity, or is changed to a new use. In these cases, the
development permit will not be issued until the landscaping plan is approved by the
Town of Foam Lake Zoning Bylaw
55
Development Officer.
Landscaping shall be designed and constructed to allow compliance with an approved
drainage plan.
4.12.2 Required Landscaping in Highway Commercial and Industrial Districts
(1)
In the C2 and M districts, a landscaped strip of not less than 3.0 metres (9.8 feet) in depth
throughout lying parallel to and abutting the front site line shall be provided on every site.
(2)
In the C2 and M districts, on corner sites, in addition to the landscaping required in the
front yard, a landscaped strip of not less than 1.5 metres (4.9 feet) in width throughout
lying parallel to and abutting the flanking street shall be landscaped.
(3)
In the C2 district, where a site abuts any site zoned to a Residential district without
intervening dedicated lands or registered lane, there shall be a strip of land adjacent to the
abutting site line of not less than 1.5 metres (4.9 feet) which shall not be used for any
purpose except landscaping.
(4)
In the M districts, where a site abuts any site zoned to an R, CS or C district without
intervening dedicated lands or a registered lane, there shall be a strip of land adjacent to
the abutting site line of not less than 3.0 metres (9.8 feet) which shall not be used for any
purpose except landscaping.
4.12.3 Required Landscaping in Residential and Community Service Districts
(1)
A landscaped strip of not less than 4.5 metres (14.8 feet) in depth throughout lying
parallel to and abutting the front site line of the site may be required by the Development
Officer to be provided for. This provision shall not apply to single detached dwellings,
semi-detached dwellings, two-unit dwellings, manufactured or modular homes, and
multiple unit dwellings of 4 or less units.
(2)
On corner sites, in addition to where landscaping may be required in the front yard, the
whole of any required side yard abutting the flanking street shall be landscaped.
4.13 SERVICING
4.13.1 Holding tanks, septic tanks and wells are not permitted in the areas of the Town which can be
serviceable from existing municipal water and sewer lines.
4.13.2 Developments outside the serviceable areas shall be connected to a private sewage disposal
system approved by the authority responsible for approval of such systems under The Public
Health Act, 1994 with the agreement being registered on title.
4.13.3 When servicing becomes available, holding and septic tanks are to be disconnected and
connection must be made to municipal services as per The Public Health Act, 1994.
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4.14 STORAGE OF MATERIALS AND UNLICENSED OR INOPERATIVE VEHICLES
4.14.1 In any Residential zoning district:
(1)
No front yard shall be used for the storage of unlicensed or uninsured motor vehicles or
of materials or goods of any type.
(2)
No yard shall be used for storage or collection of hazardous material.
(3)
No yard or portion thereof shall be used for the storage of machinery not normally used
for the maintenance of the residential property.
(4)
Outside storage of partially dismantled or inoperative motor vehicles is not permitted.
(5)
Only two unlicensed or uninsured motor vehicle may be stored outdoors on a residential
site.
4.15 OUTSIDE STORAGE AND WASTE MATERIAL STORAGE
4.15.1 Where permitted in association with any approved industrial or commercial land use, all outside
storage, including storage of garbage or waste materials, is subject to the following requirements:
(1)
No outside storage shall be located in the front yard, except for the neatly arranged
display of items for sale.
(2)
Outside storage in a side or rear yard shall be screened from adjacent sites by a fence at
least 1.8 metres (5.9 feet) in height, or a combination of fence and soft landscaping
screening a minimum of 1.8 metres (5.9 feet) in height. Where adjacent to a public road,
storage areas shall provide a landscaped strip of at least 2.0 metres (6.6 feet) in horizontal
depth between the required fence and the required right of way.
(3)
Unless otherwise directed by this Bylaw, garbage and waste material shall be stored in
weatherproof and animal-proof containers and shall be visually screened from all
adjacent sites and public thoroughfares.
4.16 DEVELOPMENT ON HAZARD LANDS
4.16.1 Where a proposed development or subdivision is to be located on potential hazard lands, the
applicant shall submit a professional report prepared and stamped by a professional engineer
registered to practice in Saskatchewan. The report shall assess the geotechnical suitability of the
site, susceptibility to flooding, including topographical surveys to delineate the flood hazard line,
or other environmental hazards, together with any required mitigation measures.
4.16.2 Actions identified, in a report prepared pursuant to Section 4.16.1, for prevention, change,
mitigation or remedy may be incorporated as conditions to issuance of any development permit
that may be issued. Council shall refuse a permit for any development for which, in Council's
opinion, the proposed actions are inadequate to address the conditions present on the hazard lands
or will result in excessive municipal costs.
4.16.3 Council may require a Phase I environmental assessment and, if warranted, a Phase II
Town of Foam Lake Zoning Bylaw
57
environmental assessment where it receives a development permit application for any site with
potential soil contamination. The Phase II environmental assessment will determine the need for a
remedial plan to identify necessary work to address soil contamination issues. Alternately, it may
conclude that site conditions are causing adverse effects which substantiate notification to the
appropriate regulatory authority. A final decision respecting the development permit application
will be held in abeyance until soil contamination concerns are resolved.
4.17 BUILDINGS OR USES OCCUPYING MORE THAN ONE LOT
Where an application is made for development of a building or use that will occupy more than
one lot as herein defined, the parcel of land comprised of said lots shall be considered a site for
the purposes of administering this Bylaw.
4.18 FRONTAGE ON ROAD
No development permit shall be issued unless the site intended to be used, or upon which a
building or structure is to be erected, abuts or has frontage on and access to an existing public
road.
4.19 BUILDING TO BE MOVED
4.19.1 No building shall be moved within or into the Town of Foam Lake without the issuance of a
development permit unless such building is exempt under Section 3.2.2 of this Bylaw. Prior to
any building being moved within or into the Town, the applicant shall:
(1)
obtain a satisfactory municipal building inspector's report;
(2)
enter into a development and servicing agreement when, in the sole opinion of the Town,
the water and sanitary sewer connections, asphalt pavement, or curb and sidewalk need to
be replaced or repaired;
(3)
provide appropriate security to the municipality for any damages to the Town
infrastructure; and
(4)
pay all required fees.
4.20 DEMOLITION OF BUILDINGS
4.20.1 No building shall be demolished within the Town of Foam Lake without the issuance of a
demolition permit, unless it is exempt under Section 3.2.2. Prior to any building being moved
within or into the Town, the applicant shall:
(1)
pay any taxes, fees or charges owing to the Town against the subject property;
(2)
cap-off any water and sewer connections in a manner required by the Town;
(3)
provide a security bond given to the municipality for any damages to Town
infrastructure; and
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Town of Foam Lake Zoning Bylaw
(4)
pay all required fees.
4.21 EXCAVATION, STRIPPING AND GRADING
4.21.1 Any site for which a development permit has been issued shall be graded and levelled at the
applicant's expense to provide for surface drainage which does not adversely affect adjacent
properties. Any interim earth work must be done in a manner to contain erosion, runoff and debris
from negatively impacting any adjacent properties.
4.21.2 Excavation shall include, but is not limited to sand and gravel extraction, top soil stripping, the
grading of land for drainage purposes, the grading of land, the clearing of vegetation from land
and any similar activity, but does not include:
(1)
excavation for construction or building purposes associated with a valid development
permit or a valid certificate of approval for subdivision; or
(2)
excavation or the removal of vegetation for maintenance or landscaping purposes on a
site where a development permit has previously been issued;
4.21.3 Except as provided for in Section 4.21.4, a development permit shall not be issued unless there is
an approved development plan or subdivision for the area.
4.21.4 The Development Officer may issue a development permit for the excavation, stripping and
grading of land when satisfied that the excavation is necessary for the interim use, development
or maintenance of the subject land, prior to a development plan or subdivision being approved for
the area.
4.22 WATER
No development or use of land shall be permitted where the proposal will adversely affect
domestic and municipal water supplies, or where a suitable, potable water supply cannot be
furnished to the requirements of the Saskatchewan Health Authority and the Saskatchewan Water
Security Agency.
4.23 LIGHTING OF SITES
Outdoor lighting for all developments shall be located and arranged so that no direct rays of light
are pointed at nearby properties, or interfere with the safe operation of nearby roadways or traffic
control devices.
4.24 PROHIBITED USES
4.24.1 The following uses are prohibited in all districts:
(1)
The keeping or breeding of rats, crickets and other insects, or any exotic animals.
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59
4.25 STORAGE OF CHEMICALS, FERTILIZERS AND COMBUSTIBLE MATERIALS
The storage of chemicals, fertilizers and combustible materials are subject to the requirements of
both the federal and provincial governments. All necessary approvals from other regulatory
agencies must be obtained prior to issuance of a development permit. Development permit
conditions may include the requirement that all permits or licenses required by other regulatory
agencies be obtained before development proceeds.
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Town of Foam Lake Zoning Bylaw
61
5
SPECIAL REGULATIONS AND STANDARDS
5.1 ABOVE-GROUND FUEL STORAGE TANKS
(1)
Above-ground fuel storage tanks which meet the standards of the National Fire Code 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.
(2)
The total storage capacity for above-ground fuel storage tanks on any single service
station or gas bar shall not exceed the regulations and requirements set out by the
National Fire Code.
(3)
Above-ground fuel storage tanks shall be:
(a)
located at least 3.0 metres (9.8 feet) from any property line or building, unless the
tank has a capacity of 5,000 litres or less, in which case it shall be located at least
1.0 metre (3.3 feet) from same;
(b)
located at least 6.0 metres (19.7 feet) from any property line or building in the
case of a tank used in association with a service station or gas bar;
(c)
separated from each other and be accessible for firefighting purposes to the
satisfaction of the Development Officer; and,
(d)
located at least 15.0 metres (49.2 feet) from the boundary of any site where the
principal use is residential.
(4)
The dispensing equipment associated with above-ground fuel storage tanks shall be
located at least 3.0 metres (9.8 feet) from any property line or 6.0 metres (19.7 feet) from
any property line in the case of a service station or gas bar, at least 7.5 metres (24.6 feet)
from any open flame or other ignition source, and at least 4.5 metres (14.8 feet) from any
door or window.
(5)
Above-ground fuel storage tanks shall be protected from vehicles with suitable posts,
bollards, guardrails or other similar means.
(6)
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.
(7)
The maximum height of an above-ground fuel storage tank shall be limited to the
maximum permitted height of a freestanding sign in the zoning district.
(8)
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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Town of Foam Lake Zoning Bylaw
5.2 ADULT DAY CARE FACILITIES, RESIDENTIAL CARE FACILITIES AND
CUSTODIAL CARE FACILITIES
(1)
Adult day care facilities, residential care facilities, and custodial care facilities may be
approved as an ancillary 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, property, or streetscape.
(3)
Required parking spaces shall not be located in a required front yard.
(4)
No building or structure used for the purpose of a custodial care facility or a residential
care home shall also be used for the purpose of keeping boarders or lodgers.
(5)
Section 3.9 of this Bylaw shall apply to the review and approval of adult day care
facilities, residential care facilities, or custodial care homes that are listed as discretionary
uses.
5.3 BED AND BREAKFAST HOMES
(1)
A bed and breakfast home may be located in a detached one unit dwelling or in a two-
unit dwelling. No exterior alterations shall be undertaken which would be inconsistent
with the residential character of the building, property, or streetscape.
(2)
Where otherwise permitted, required parking spaces may be located in a front yard.
(3)
Section 3.9 of this Bylaw shall apply to the review and approval of bed and breakfast
homes that are listed as discretionary uses.
(4)
The operator of the bed and breakfast lodging may advertise with a small, static sign
subject to Section 4.11.
5.4 BULK PETROLEUM SALES AND STORAGE AND BULK FERTILIZER SALES
AND STORAGE
Bulk petroleum sales and storage and bulk fertilizer sales and storage shall be located at least 91.4
metres (299.9 feet) from residential areas, schools, hospitals, motels.
5.5 DAY CARE CENTRES AND PRE-SCHOOLS
(1)
Day care centres and pre-schools may be approved as an ancillary use or as a principal
use. In any Residential district, no exterior alterations shall be undertaken to a dwelling or
former dwelling which would be inconsistent with the residential character of the
building, property, or streetscape.
(2)
Required parking spaces shall not be located in a front yard and shall comply with the
requirements contained in Section 4.10.
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(3)
In addition to the development standards contained within the zoning district, Section 3.9
of this Bylaw shall apply to the review and approval of day care centres and pre-schools
that are listed as discretionary uses.
5.6 DWELLING GROUPS
(1)
The minimum side yard shall be measured from the closest main wall of the principal
building closest to the side site line.
(2)
All principal buildings forming part of the dwelling group shall be located at least 1.5
metres (4.9 feet) from any other principal building in the group.
(3)
Dwelling groups should have vehicular access to a public street from at least two points
which are sufficiently separated to provide accessible ingress and egress in case of
emergency.
(4)
Council may apply special development standards to reduce conflict with neighbouring
uses. These special development standards may include increased setback requirements,
enhanced landscaping and fencing, the location and screening of parking areas, and the
location of vehicular access points.
5.7 DWELLING UNITS ATTACHED TO AND IN CONJUNCTION WITH ANY
PERMITTED USE
(1)
Dwelling units attached to commercial or industrial establishments shall have a main
entrance separate from that of the commercial or industrial establishment. An emergency
exit must be provided in addition to the main entrance.
(2)
The minimum floor area of each dwelling unit shall be 28.0 m2 (301.39 ft2).
5.8 FAMILY CHILD CARE HOMES
(1)
Family child care homes may be approved as an accessory use to a dwelling.
(2)
A family child care home shall provide at least 3.25 m2 (35.0 ft2) of fenced on-site
outdoor play space for each child present in the facility at one time.
(3) In any Residential district, no exterior alterations shall be undertaken to a dwelling which
would be inconsistent with the residential character of the building or property.
5.9 GARDEN AND GARAGE SUITES
(1)
No more than one garden or garage suite accessory to a single detached dwelling shall be
allowed per site. No garden or garage suite shall be permitted on a site which contains a
secondary suite.
(2)
The maximum floor area of a garden or garage suite shall not exceed the area of the
principal dwelling or 77.0 m2 (828.8 ft2), whichever is less.
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Town of Foam Lake Zoning Bylaw
(3)
Garden and garage suites shall have a full bathroom, kitchen, and a maximum of two
bedrooms.
(4)
All habitable areas of a garden or garage suite shall be above grade.
(5)
Condominium plans to provide a separate title for a garden or garage suite shall not be
approved.
(6)
The maximum building height of a garden suite shall be 4.3 metres (14.1 feet) and shall
not exceed one storey in height. The maximum height of a garage suite shall be 5.0
metres (16.4 feet) or the height of principal dwelling, whichever is less.
(7)
Garden and garage suites shall be located in the rear yard and shall be setback a minimum
of 4.0 metres (13.1 feet) from the principal dwelling.
(8)
The minimum side yard setback for a garden or garage suite shall be 1.2 metres (3.9 feet),
however, on a corner site, where a garden or garage suite abuts a flanking street other
than a lane, the required side yard shall not be less than that required for the principal
dwelling.
(9)
The minimum rear yard setback for a garden or garage suite shall be 2.0 metres (6.6 feet).
The minimum rear yard setback may be reduced to 1.2 metres (3.9 feet) on sites with a
rear lane.
(10)
No portion of a garage or garden suite may be located on, under or over a registered
easement.
(11)
The cumulative floor area of a garden or garage suite and all accessory buildings located
in a rear yard shall not occupy more than 50% of the rear yard.
(12)
Windows and doors in garden or garage suites shall be of a size and in locations which
will not result in the loss of privacy for residents of adjacent sites.
(13)
Mechanical units such as air conditioners and vents shall be located so as not to constitute
a nuisance to adjacent properties.
(14)
One parking space shall be provided for each dwelling unit on the site. On sites with a
rear or side lane, the parking space for the garden or garage suite shall be accessed from
said lane.
(15)
The site plan submitted for a garden or garage suite must include details regarding utility
service connections. The site plan must be approved by the Town and by all utility
agencies which provide services to the site.
(16)
Sites containing garden or garage suites shall be adequately drained. A site drainage plan
shall be submitted to the Town.
(17)
A building permit is required for garden or garage suites which shall comply with all
relevant building, plumbing and development codes.
(18)
Wherever possible, there should be only one water service from the street to the principal
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dwelling and the garden or garage suite.
5.10 HOME BASED BUSINESSES
(1)
Home-based 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)
Home-based businesses shall be conducted entirely within the dwelling or accessory
building. Home based businesses shall not occupy more than 25% of the gross floor
area of a dwelling unit in any residential district.
(3)
There shall be no exterior display or storage of any merchandise or material relating to
the home-based business.
(4)
No more than one non-resident person shall be engaged in any home-based business as
an employee or a volunteer on any one site. Off-street parking shall be required for a
non-resident employee as in Section 4.10.
(5)
No more than one business vehicle, for which off-street parking is provided, shall be
operated in connection with the home-based business.
(6)
Parking of vehicles of employees hired for off-site jobs shall not be allowed at or in the
vicinity of the dwelling unit.
(7)
Regardless of the number of home-based businesses that may be located on any one
site, a total of no more than eight client or business-related visits per day and no more
than 40 client or business-related visits per week shall be made to home-based
businesses on any one site.
(8)
One window or fascia sign not larger than 0.4 m2 (4.3 ft2) identifying the name of the
name of the home-based business shall be permitted on the site and such sign shall not
be illuminated.
(9)
Any use that creates noise, vibration, smoke, dust, odour, air pollution, heat, glare,
bright light, hazardous or unacceptable waste, electrical, television or radio interference
detectable by sensory perception or by scientific instruments, at or beyond the
boundaries of the building, or beyond the unit walls within a multiple unit dwelling
containing the home-based business are prohibited.
(10)
Home based businesses 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. Where a permit is revoked the
use shall cease immediately.
5.11 JUNK AND SALVAGE YARDS AND AUTO WRECKERS
(1)
Junk and salvage yards and auto wreckers shall be enclosed by an opaque or solid
perimeter fence at least 2.0 metres (6.6 feet) in height, and not more than 4.0 metres (13.1
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Town of Foam Lake Zoning Bylaw
feet) in height, with no material piled higher than the height of the perimeter fence.
(2)
The perimeter fence shall not be located in the required front yard. The required front
yard shall be used for no other purpose than landscaping and necessary access driveways
to the site.
5.12 LIGHT MANUFACTURING
(1)
All materials and goods used in conjunction with light manufacturing plants shall be
stored within an enclosed building, or within an area hidden from view by screening.
(2)
All manufacturing and assembly operations in conjunction with a light manufacturing
plant shall be conducted within an enclosed building.
5.13 MANUFACTURED HOME COURTS
(1)
Road rights-of-way within manufactured home courts shall be at least 15.0 metres (49.2
feet) in width, with hard-surfaced roadways of a minimum 6.0 metres (19.7 feet) in
width, and drained.
(2)
A minimum of 10% of the area of the manufactured home court shall be set aside as
communal open space or devoted to recreational facilities.
(3)
A site and yard requirements for manufactured homes in the RMH - Manufactured Home
Residential District, shall apply to individual manufactured home sites within a
manufactured home court.
(4)
The Public Health Act, 1994, and the regulations passed thereunder, shall be complied
with in respect to all operations and development of a manufactured home court.
5.14 MULTIPLE UNIT DWELLINGS
(1)
Multiple unit dwellings shall be of size, scale and outward appearance consistent with the
character of the neighbourhood.
(2)
Multiple unit dwellings shall provide landscaping that is compatible with the
neighbourhood's residential properties and shall be consistent with the character of the
neighbourhood.
(3)
Up to two required parking and loading spaces may be located in the required yard and
the remainder shall be located in side or rear yards.
(4)
Unless otherwise directed by this bylaw, garbage and waste material shall be stored in
weatherproof and animal-proof containers and shall be visually screened from all
adjacent sites and public thoroughfares.
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67
5.15 PARKING LOTS
(1)
No sign of any kind, other than those designating the parking lot name, entrances, exits,
or conditions of use, may be erected or maintained.
(2)
All lighting fixtures must be oriented in a manner to direct the light away from adjacent
lots.
(3)
A durable surface must be provided and maintained and the lot must provide adequate
drainage as determined by the Town to dispose of all surface water.
(4)
Parking lots shall be landscaped to improve the visual appearance of the site.
(5)
Where parking lot abuts a residential property boundary a minimum landscape buffer of
2.0 metres (6.6 feet) which, complies with the requirements contained in Section 4.12,
shall be provided.
5.16 SECONDARY SUITES
(1)
No more than one secondary suite shall be located in any single detached dwelling. No
secondary suite shall be permitted on a site which contains a garden or garage suite.
(2)
No more than two bedrooms are allowed for any secondary suite.
(3)
No more than three persons are allowed to occupy any secondary suite.
(4)
One off-street parking space is required for any secondary suite in addition to the
required parking for the principal residential building on the site. The required parking
space for any secondary suite shall not be located in a required front yard, unless the
subject site has no access to a rear lane, and shall be paved and screened.
(5)
Any secondary suite shall comply with the requirements of the National Building Code,
subject to the approval of the Municipal Building Official.
(6)
The floor area occupied by a secondary suite shall be considered as part of the principal
dwelling. Any secondary suite shall not be separated from the principal building through
condominium conversion or subdivision of land.
(7)
In order to accommodate a secondary suite, a single detached dwelling must have a gross
floor area, including the area of any basement, of at least 100.0 m2 (1076.4 ft2).
(8)
The maximum floor area of a secondary suite shall be no more than 50% of the gross
floor area, including the area of the basement, of the building in which it is located, or
65.0 m2 (699.7 ft2), whichever is the lesser.
(9)
The exterior finishing of a secondary suite shall be consistent with the exterior of the
remainder of the principal dwelling to give the entire building the appearance of a single
dwelling.
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Town of Foam Lake Zoning Bylaw
(10)
Where a secondary suite has an entrance, which is separate from that of the principal
dwelling, the entrance may only be located on a side or rear wall of the principal
dwelling.
5.17 SERVICE STATIONS AND GAS BARS
(1)
Fuel pumps and other apparatus for dispensing or storage of fuel, located all or partly
above grade level, shall be at least 6.0 metres (19.7 feet) from a site line.
(2)
All automobile parts, dismantled vehicles and similar articles or equipment are to be
stored within a building.
(3)
Where service stations occupy a corner site, only one access point shall be on the
flanking street.
(4)
Where operated as the principal use on a site, gas bars are subject to the regulations and
standards for service stations.
(5)
Where a gas bar is allowed to operate in conjunction with another use on a site, the
following standards and regulations apply:
(a)
All fuel pumps and above ground storage tanks shall be at least 6.0 metres (19.7
feet) from any building on the site or any site line;
(b)
The site shall have at least two separate entrances for vehicles, at least 15.0
metres (49.2 feet) apart; and,
(c)
Sites shall be designed so that the delivery and unloading of bulk fuel shall not
obstruct access to the fuel pumps or create obstructions on any adjacent street.
5.18 SHOPPING CENTRES AND MALLS
(1)
Shopping centres shall have clearly defined pedestrian walkways between the sidewalk
and building entrances.
(2)
It must be demonstrated to the satisfaction of council that mitigation of vehicular traffic
impacts has been addressed.
(3)
Parking lots, service areas, and loading zones shall be appropriately screened from view
of the street.
(4)
Primary access to shopping centres shall be from a collector or arterial street.
(5)
The number and location of vehicle entrances to a commercial development shall be
consistent with the existing or anticipated design of adjacent streets and consideration
shall be given to the minimum number of entrances needed to move traffic onto and off
the site safely and efficiently.
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69
5.19 SOLAR PANELS AND COLLECTORS
The installation and operation of a solar collector or panel, and supporting structures shall be
permitted in all zoning districts subject to the following:
(1)
A solar collector or panel may be located on the roof or wall of a building or structure.
(2)
Solar panels and collectors and associated operating structures attached to a building shall
not exceed a height of 1.0 metre (3.28 feet) above the highest point of the roof upon
which it is located.
(3)
In all residential and commercial districts, solar panels and collectors and associated
operating structures, if attached to or erected upon an accessory building or structure,
shall not exceed a height of 2.0 metres (6.6 feet) above the highest elevation of the
accessory building that it is located on.
(4)
A solar collector or panel that is mounted on a wall:
(a)
may project a maximum 1.5 metres (4.9 feet) from the surface of that wall, when
the wall is facing a rear lot line; and in all other cases, 0.6 metres (2.0 feet) from
the surface of that wall.
(5)
A solar collector or panel shall comply with yard and height regulations of the underlying
zoning district.
5.20 GEOTHERMAL ENERGY SYSTEMS
(1)
All plumbing, reservoirs and pumps and other requirements associated with Geothermal
Energy Systems shall require plumbing, electrical and building permits, as required, and
shall meet all applicable requirements of the National Building Code.
(2)
Plans for Geothermal Energy Systems shall be stamped by a qualified professional
engineer or have the system and installation certified by an accredited member of the
Canadian GeoExchange Coalition.
(3)
Geothermal Energy Systems shall comply with CSA Standard C448 and subsequent
amendments. Exceptions may be allowed, at the discretion of the Town, provided
documented proof is provided that shows that the exception meets or exceeds CSA
Standard C488.
(4)
All Geothermal Energy Systems shall be a closed loop system. Open loop systems shall
not be permitted.
(5)
Heat transfer fluids used within a Geothermal Energy System shall be the most
environmentally friendly type available at the time of installation, such as propylene
glycol. In no case may an ethylene glycol based fluid be used, nor shall any flammable or
combustible agent such as methanol, ethanol, natural gas, or propane be used.
(6)
Brand names or advertising associated with a Geothermal Energy System or the system's
installation shall not be visible from any public area or roadway.
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Town of Foam Lake Zoning Bylaw
(7)
Upon abandonment or termination of any Geothermal Energy System, the facility and
components associated with the use of the system, above grade and 0.6 metres (2.0 feet)
below grade, shall be removed and the site restored at the owner's expense.
(8)
Only vertical geothermal energy systems will be permitted.
(9)
All components of the Geothermal Energy System must be a minimum of 0.6 metres (2.0
feet) away from any property line.
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6
ZONING DISTRICTS
6.1 CLASSIFICATION OF ZONING DISTRICTS
In order to carry out the purpose and provisions of this Bylaw, the Town is divided into the
following zoning districts, the boundaries of which are shown on the "Zoning District Map". Such
districts may be referred to by the appropriate symbols.
Districts
Symbols
Low Density Residential
R1
Medium Density Residential
R2
Manufactured Home Residential
RMH
Downtown Commercial
C1
Highway Commercial
C2
Industrial
M
Community Service
CS
Parks and Recreation
PR
Future Urban Development
FUD
6.2 THE ZONING DISTRICT MAP
The map, bearing the statement "This is the Zoning District Map referred to in Bylaw No.
__________ adopted by the Council and signed by the Mayor and Chief Administrative Officer,
and under the seal of the Town shall be known as the "Zoning District Map" and such map is
declared to be an integral part of this Bylaw.
6.3 BOUNDARIES OF ZONING DISTRICTS
6.3.1
The boundaries of such districts referred to, together with explanatory legend, notation and
reference, are shown on the map entitled "Zoning District Map".
6.3.2
All streets, lanes and road allowances, if not otherwise specifically designated, shall be deemed to
be in the same zoning district as the property immediately abutting upon such streets, lanes and
road allowances. If the land abutting each side of a street, lane or road allowance is located in
different zoning districts, the centre line of such street, lane or road allowance shall be deemed to
be the district boundary, unless otherwise specifically designated.
6.3.3
Streets, lanes, and road allowances which are shown on the Zoning District Map and which have
been permanently closed pursuant to Section 13 of The Municipalities Act, shall be in the same
district as the land abutting both sides of the permanently closed street, lane or road allowance. If
the land abutting each side of the permanently closed street, land or road allowance was located
in different zoning districts before the said street, lane or road allowance was permanently closed,
the centre line of such permanently closed street, lane or road allowance shall be deemed to be the
district boundary, unless otherwise specifically designated.
6.3.4
On un-subdivided land, the zoning district boundary shall be determined by the scale shown on
the Zoning District Map.
72
Town of Foam Lake Zoning Bylaw
6.4 ZONING DISTRICTS
The uses or forms of development allowed within a zoning district, along with regulations or
standards which apply, are contained in the District Schedules in Section 7.
6.5 TRANSITIONAL ZONING PROVISIONS
Buildings lawfully existing at the time of the approval of this Bylaw shall be limited in terms of
site width, front and rear yard setback, site coverage and off-street parking and loading
requirements to the regulations of the zoning district in which they are located, or to their current
dimensions, whichever is the least restrictive.
6.6 PROPERTIES WITH MORE THAN ONE ZONING DISTRICT
Where a site or lot is divided into more than one zoning district, the development and use of any
portion of the site shall be in accordance with the requirements of the applicable zoning district
and subject to Section 4.3 herein.
Town of Foam Lake Zoning Bylaw
73
7
DISTRICT SCHEDULES
7.1 R1 - LOW DENSITY RESIDENTIAL DISTRICT
7.1.1
Purpose
The purpose of the R1 - Low Density Residential district is to provide for residential
development in the form of single detached dwellings and other compatible uses.
7.1.2
Permitted and Discretionary Uses
Uses are listed and designated in Table 7-1.
7.1.3
Accessory Uses
Accessory buildings and uses shall be permitted subject to Section 4.9.
7.1.4
Standards and Regulations
Site and building requirements are shown in Table 7-1.
7.1.5
Standards for Discretionary Uses
Council will consider discretionary use applications in the R1 district with respect to Section
3.9.3 - General Discretionary Use Evaluation Criteria, Section 3.9.4 - Use-Specific Discretionary
Use Evaluation Criteria, as may be applicable, and additional evaluation criteria and development
standards that follow in this section.
7.1.6
Exceptions to Development Standards
Where on a corner site, a side yard of at least 6.0 metres (19.7 feet) is provided along the flanking
street for a single detached dwelling, the minimum rear yard requirement is reduced to 3.0 metres
(9.8 feet).
7.1.7
Off-Street Parking and Loading
Off-street parking and loading requirements are subject to Section 4.10.
7.1.8
Landscaping
Landscaping is subject to Section 4.12.
7.1.9
Outside Storage
Outside storage, including waste material storage, is subject to Section 4.15.
74
Town of Foam Lake Zoning Bylaw
Table 7-1: R1 - Low Density Residential District Development Standards
Principal Use
Development Standards
Designation
Parking Category
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m), (ft)
Minimum Rear
Yard (m)
Minimum Side
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Bldg
Height (m)
Maximum Site
Cvg (%)
Residential Uses
(1)
Garden and garage suites
D 1
5.9
Section 5.9
(2)
Manufactured dwellings
D 1 3.9.4 (9)
460(1)
4951.4 sq. feet
12(2)
39.4 feet
6
19.7 feet
6
19.7 feet
1.5(3)
4.9 feet
46
495.1 sq.
feet
10.5
34.4 feet
50
(3)
Residential care facilities - type I
P 6
5.2
460(1)
4951.4 sq. feet
12(2)
39.4 feet
6
19.7 feet
6
19.7 feet
1.5(3)
4.9 feet
46
495.1 sq.
feet
10.5
34.4 feet
50
(4)
Residential care facilities - type II
D 6
5.2
460(1)
4951.4 sq. feet
12(2)
39.4 feet
6
19.7 feet
6
19.7 feet
1.5(3)
4.9 feet
46
495.1 sq.
feet
10.5
34.4 feet
50
(5)
Secondary suites
P 1
5.16
Section 5.16
(6)
Semi-detached dwellings
D 1
275(4)
2960.08 sq. feet
7.5
24.6 feet
6
19.7 feet
6
19.7 feet
1.5(3)(5)
4.9 feet
46
495.1 sq.
feet
10.5
34.4 feet
50
(7)
Single detached dwellings
P 1
460(1)
4951.4 sq. feet
12(2)
39.4 feet
6
19.7 feet
6
19.7 feet
1.5(3)
4.9 feet
46
495.1 sq.
feet
10.5
34.4 feet
50
(8)
Two-unit dwellings
D 1
550(6)
5920.2 sq. feet
15
49.2 feet
6
19.7 feet
6
19.7 feet
1.5(3)
4.9 feet
92
990.3 sq.
feet
10.5
34.4 feet
50
Commercial Uses
(1)
Adult day care - type I
P 6
5.2
460(1)
4951.4 sq. feet
12(2)
39.4 feet
6
19.7 feet
6
19.7 feet
1.5(3)
4.9 feet
46
495.1 sq.
feet
10.5
34.4 feet
50
(2)
Adult day care - type II
D 6
5.2
460(1)
4951.4 sq. feet
12(2)
39.4 feet
6
19.7 feet
6
19.7 feet
1.5(3)
4.9 feet
46
495.1 sq.
feet
10.5
34.4 feet
50
(3)
Bed and breakfast homes
D 3
5.3
460(1)
4951.4 sq. feet
12(2)
39.4 feet
6
19.7 feet
6
19.7 feet
1.5(3)
4.9 feet
46
495.1 sq.
feet
10.5
34.4 feet
50
(4)
Convenience stores
D 5 3.9.4 (2)
460
4951.4 sq. feet
15
49.2 feet
6
19.7 feet
6
19.7 feet
3(7)
9.8 feet
- -
- -
- -
(5)
Day care centres and pre-schools
D 14
5.5
460
4951.4 sq. feet
15
49.2 feet
6
19.7 feet
6
19.7 feet
3(7)
9.8 feet
- -
- -
- -
(6)
Family child care homes - type I
P 0
5.8
460(1)
4951.4 sq. feet
12(2)
39.4 feet
6
19.7 feet
6
19.7 feet
1.5(3)
4.9 feet
46
495.1 sq.
feet
10.5
34.4 feet
50
(7)
Family child care homes - type II
D 0
5.8
460(1)
4951.4 sq. feet
12(2)
39.4 feet
6
19.7 feet
6
19.7 feet
1.5(3)
4.9 feet
46
495.1 sq.
feet
10.5
34.4 feet
50
(8)
Home based business
D 16
5.10
Same as principal use
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Ambulance stations
D 11
225
2421.8 sq. feet
6
19.7 feet
6
19.7 feet
6
19.7 feet
3(7)
9.8 feet
- -
- -
- -
(2)
Clubs
D 4 3.9.4 (3)
460
4951.4 sq. feet
15
49.2 feet
6
19.7 feet
6
19.7 feet
3(7)
9.8 feet
- -
- -
- -
(3)
Community centres
D 4 3.9.4 (3)
460
4951.4 sq. feet
15
49.2 feet
6
19.7 feet
6
19.69
3(7)
9.8 feet
- -
- -
- -
Town of Foam Lake Zoning Bylaw
75
Table 7-1: R1 - Low Density Residential District Development Standards
Principal Use
Development Standards
Designation
Parking Category
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m), (ft)
Minimum Rear
Yard (m)
Minimum Side
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Bldg
Height (m)
Maximum Site
Cvg (%)
(4)
Custodial care facilities
D 12
5.2
460
4951.4 sq. feet
15
49.2 feet
6
19.7 feet
6
19.7 feet
3(7)
9.8 feet
- -
- -
- -
(5)
Municipal facilities
P 0
- -
- -
- -
- -
- -
- -
- -
- -
(6)
Parking lots
D 0
5.15
- -
- -
3
9.8 feet
3
9.8 feet
3
9.8 feet
- -
- -
- -
(7)
Parks and playgrounds
P 0
- -
- -
- -
- -
- -
- -
- -
10
(8)
Places of worship
P 15
460
4951.4 feet
15
49.2 feet
6
19.7 feet
6
19.7 feet
3(7)
9.8 feet
- -
- -
- -
(9)
Public schools
D 18 3.9.4 (3)
- -
- -
- -
6
19.7 feet
3(7)
9.8 feet
- -
- -
- -
(10)
Public works excluding offices,
warehouses, storage yards and
sewage lagoons
P 0
- -
- -
- -
- -
- -
- -
- -
- -
Use Designations:
(P) - Permitted Use: Any use or form of development, other than a discretionary use, specifically allowed in a zoning
district subject to the regulations contained in this zoning bylaw.
(D) - Discretionary Use: Any use or form of development that may be allowed in a zoning district following
application to, and approval of the Council; and which complies with the development standards, as required by
Council, and contained in this zoning bylaw.
Special limitations and standards regarding Table 7-1 and the R1 district:
(1)
where the site is serviced by a rear lane; otherwise 600 m2 (6458.4 ft2)
(2)
where the site is serviced by a rear lane; otherwise 15.0 m (49.2 feet)
(3)
except for corner sites, where it shall be 3.0 m (9.8 feet) along the flanking street
(4)
where the site is serviced by a rear lane, otherwise 320 m2 (3391.6 ft2)
(5)
except that no side yard shall be required where a common wall divides the two dwelling units
(6)
where the site is serviced by a lane, otherwise 640 m2 (6888.9 ft2)
(7)
or ½ the building height, whichever is greater, to a maximum of 6.0 m (19.7 feet)
76
Town of Foam Lake Zoning Bylaw
Town of Foam Lake Zoning Bylaw
77
7.2 R2 - MEDIUM DENSITY RESIDENTIAL DISTRICT
7.2.1
Purpose
The purpose of the R2 - Medium Density Residential District is to provide for residential development
in the form of single detached, semi-detached, two-unit dwellings, multiple unit dwellings, dwelling
groups and other compatible uses.
7.2.2
Permitted and Discretionary Uses
Uses are listed and designated in Table 7-2.
7.2.3
Accessory Uses
Accessory buildings and uses shall be permitted subject to Section 4.9.
7.2.4
Standards and Regulations
Site and building requirements are shown in Table 7-2.
7.2.5
Standards for Discretionary Uses
Council will consider discretionary use applications in the R2 district with respect to Section 3.9.3 -
General Discretionary Use Evaluation Criteria, Section 3.9.4 - Use-Specific Discretionary Use
Evaluation Criteria, as may be applicable, and additional evaluation criteria and development standards
that follows in this section.
7.2.6
Exceptions to Development Standards
Where on a corner site, a side yard of at least 6.0 metres (19.7 feet) is provided along the flanking street
for a single detached dwelling, the minimum rear yard requirement is reduced to 3.0 metres (9.8 feet).
7.2.7
Off-Street Parking and Loading
Off-street parking and loading requirements are subject to Section 4.10.
7.2.8
Landscaping
Landscaping is subject to Section 4.12.
7.2.9
Outside Storage
Outside storage, including waste material storage, is subject to Section 4.15.
78
Town of Foam Lake Zoning Bylaw
Table 7-2: R2 - Medium Density Residential District Development Standards
Principal Use
Development Standards
Designation
Parking Category
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Rear
Yard (m)
Minimum Side
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Bldg
Height (m)
Maximum Site Cvg
(%)
Residential Uses
(1)
Garden and garage suites
D 1
5.9
Section 5.9
(2)
Dwelling groups
D 2 3.9.4 (4)
5.6
185/unit
1991.3/unit sq.
feet
15
49.2 feet
6
19.7 feet
6
19.7 feet
3.5
11.5 feet
46/unit
495.1/unit
sq. feet
10.5
34.4 feet
60
(3)
Multiple unit dwellings (apartments) P 2
450
4843.8 sq. feet
15
49.2 feet
6
19.7 feet
6
19.7 feet
1.5(1)
4.9 feet
46/unit
495.1/unit
sq. feet
15
49.2 feet
50
(4)
Multiple unit dwellings (townhouses) P 2
225/unit
2421.9/unit sq.
feet
6/unit
19.7/unit feet
6
19.7 feet
6
19.7 feet
1.5(1)
4.9 feet
46/unit
495.1/unit
sq. feet
10.5
34.4 feet
50
(5)
Residential care facilities - type I
P 6
5.2
460(2)
4951.4 sq. feet
12(4)
39.4 feet
6
19.7 feet
6
19.7 feet
1.5(5)
4.9 feet
46
495.1 sq.
feet
10.5
34.4 feet
50
(6)
Residential care facilities - type II
D 6
5.2
460(2)
4951.4 sq. feet
12(4)
39.4 feet
6
19.7 feet
6
19.7 feet
1.5(5)
4.9 feet
46
495.1 sq.
feet
10.5
34.4 feet
50
(7)
Secondary suites
D 1
5.16
(8)
Semi-detached dwellings
P 1
275(3)
2960.08sq. feet
7.5(6)
24.6 feet
6
19.7 feet
6
19.7 feet
1.5(5)(7)
4.9 feet
46
495.1 sq.
feet
10.5
34.4 feet
50
(9)
Single detached dwellings
P 1
460(2)
4951.4 sq. feet
12(4)
39.4 feet
6
19.7 feet
6
19.7 feet
1.5(5)
4.9 feet
46
495.1 sq.
feet
10.5
34.4 feet
50
(10)
Street townhouse dwellings
P 1
225/unit
2421.8/unit sq.
feet
6/unit
19.7/unit feet
6
19.7 feet
6
19.7 feet
1.5(1)(7)
4.9 feet
46/unit
495.1/unit
sq. feet
10.5
34.4 feet
50
(11)
Two unit dwellings
P 1
550(8)
5920.1 sq. feet
15
49.2 feet
6
19.7 feet
6
19.7 feet
1.5(5)
4.9 feet
92
990.3 sq.
feet
10.5
34.4 feet
50
Commercial Uses
(1)
Adult day care - type I
P 6
5.2
460(2)
4951.4 sq. feet
12(4)
39.4 feet
6
19.7 feet
6
19.7 feet
1.5(5)
4.9 feet
46
495.1 sq.
feet
10.5
34.4 feet
50
(2)
Adult day care - type II
D 6
5.2
460(2)
4951.4 sq. feet
12(4)
39.4 feet
6
19.7 feet
6
19.7 feet
1.5(5)
4.9 feet
46
495.1 sq.
feet
10.5
34.4 feet
50
(3)
Bed and breakfast homes
D 3
5.3
460(2)
4951.4 sq. feet
12(4)
39.4 feet
6
19.7 feet
6
19.7 feet
1.5(5)
4.9 feet
46
495.1 sq.
feet
10.5
34.4 feet
50
(4)
Convenience stores
D 5 3.9.4 (2)
460
4951.4 sq. feet
15
49.2 feet
6
19.7 feet
6
19.7 feet
3(9)
4.9 feet
- -
- -
- -
(5)
Day care centres and pre-schools
D 14
5.5
460
4951.4 sq. feet
15
49.2 feet
6
19.7 feet
6
19.7 feet
3(9)
4.9 feet
- -
- -
- -
(6)
Family child care homes - type I
P 0
5.8
460(2)
4951.4 sq. feet
12(4)
39.4 feet
6
19.7 feet
6
19.7 feet
1.5(5)
4.9 feet
46
495.1 sq.
feet
10.5
34.4 feet
50
(7)
Family child care homes - type II
D 0
5.8
460(2)
4951.4 sq. feet
12(4)
39.4 feet
6
19.7 feet
6
19.7 feet
1.5(5)
4.9 feet
46
495.1 sq.
feet
10.5
34.4 feet
50
(8)
Home based business
P 0
5.10
Same as principal use
Town of Foam Lake Zoning Bylaw
79
Table 7-2: R2 - Medium Density Residential District Development Standards
Principal Use
Development Standards
Designation
Parking Category
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Rear
Yard (m)
Minimum Side
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Bldg
Height (m)
Maximum Site Cvg
(%)
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Ambulance stations
D 11
225
2421.9 sq. feet
7.5
24.6 feet
6
19.7 feet
6
19.7 feet
3(9)
9.8 feet
- -
- -
- -
(2)
Clubs
D 4 3.9.4 (3)
460
4951.4 sq. feet
15
49.2 feet
6
19.7 feet
6
19.7 feet
3(9)
4.9 feet
- -
- -
- -
(3)
Community centres
D 4 3.9.4 (3)
460
4951.4 sq. feet
15
49.2 feet
6
19.7 feet
6
19.7 feet
3(9)
4.9 feet
- -
- -
- -
(4)
Cultural institutions
D 4 3.9.4 (3)
460
4951.4 sq. feet
15
49.2 feet
6
19.7 feet
6
19.7 feet
3(9)
4.9 feet
- -
- -
- -
(5)
Custodial care facilities
D 12
5.2
460
4951.4 sq. feet
15
49.2 feet
6
19.7 feet
6
19.7 feet
3(9)
4.9 feet
- -
- -
- -
(6)
Municipal facilities
P 0
- -
- -
- -
- -
- -
- -
- -
- -
(7)
Parking lots
D 0
5.15
- -
- -
3
9.8 feet
3
9.8 feet
3
9.8 feet
- -
- -
- -
(8)
Parks and playgrounds
P 0
- -
- -
- -
- -
- -
- -
- -
10
(9)
Places of worship
P 15
460
4951.4sq. feet
15
49.2 feet
6
19.7 feet
6
19.7 feet
3(9)
4.9 feet
- -
- -
- -
(10)
Private schools
D 20 3.9.4 (3)
- -
- -
- -
(11)
Public schools
D 18 3.9.4 (3)
- -
- -
- -
6
19.7 feet
3(9)
9.8 feet
- -
- -
- -
(12)
Public recreation facilities
D 22 3.9.4 (3)
460
4951.4sq. feet
15
49.2 feet
6
19.7 feet
6
19.7 feet
3(9)
4.9 feet
- -
- -
- -
(13)
Public works excluding offices,
warehouses, storage yards and
sewage lagoons
P 0
- -
- -
- -
- -
- -
- -
- -
- -
Use Designations:
(P) - Permitted Use: Any use or form of development, other than a discretionary use, specifically allowed in a zoning district
subject to the regulations contained in this zoning bylaw.
(D) - Discretionary Use: Any use or form of development that may be allowed in a zoning district following application to,
and approval of the Council; and which complies with the development standards, as required by Council, and contained in
this zoning bylaw.
Special limitations and standards regarding Table 7-2 and the R2 district:
(1)
for multiple unit dwellings of two or three storeys, the side yard shall be 3.0 m (9.8 feet); for multiple unit dwellings
over three storeys, the side yard shall be ½ the building height to a maximum of 6.0 m (19.7 feet); on corner sites, the
side yard shall never be less than 3.0 m (9.8 feet)
(2)
where the site is served by a rear lane; otherwise 600 m2 (6458.4 ft2)
(3)
where the site is serviced by a rear lane, otherwise 320 m2 (3444.45 ft2)
(4)
where the site is served by a rear; otherwise 15.0 m (49.2 feet)
(5)
except for corner sites, where it shall be 3.0 m (9.8 feet) along the flanking street
(6)
where the site is serviced by a rear lane, otherwise 10.5 m (34.5 feet)
(7)
except that no side yard shall be required where a common wall divides the two dwelling units
(8)
where the site is serviced by a lane, otherwise 640 m2 (6888.9 ft2)
(9)
or ½ the building height, whichever is greater, to a maximum of 6.0 m (19.7 feet)
80
Town of Foam Lake Zoning Bylaw
Town of Foam Lake Zoning Bylaw
81
7.3 RMH - MANUFACTURED HOME RESIDENTIAL DISTRICT
7.3.1
Purpose
The purpose of the RMH - Manufactured Home Residential district is to provide for residential
development in the form of manufactured homes and other compatible uses.
7.3.2
Permitted and Discretionary Uses
Uses are listed and designated in Table 7-3.
7.3.3
Accessory Uses
Accessory buildings and uses shall be permitted subject to Section 4.9.
7.3.4
Standards and Regulations
Site and building requirements are shown in Table 7-3.
7.3.5
Standards for Discretionary Uses
Council will consider discretionary use applications in the RMH district with respect to Section
3.9.3 - General Discretionary Use Evaluation Criteria, Section 3.9.4 - Use-Specific Discretionary
Use Evaluation Criteria, as may be applicable, and additional evaluation criteria and development
standards that follows in this section.
7.3.6
Exceptions to Development Standards
7.3.7
Off-Street Parking and Loading
Off-street parking and loading requirements are subject to Section 4.10.
7.3.8
Landscaping
Landscaping is subject to Section 4.12.
7.3.9
Outside Storage
Outside storage, including waste material storage, is subject to Section 4.15.
82
Town of Foam Lake Zoning Bylaw
Table 7-3 RMH - Manufactured Home Residential District Development Standards
Principal Use
Development Standards
Designation
Parking Category
Subject to
Section(s)
Minimum Site Area
(m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Rear
Yard (m)
Minimum Side
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Bldg
Height (m)
Maximum Site
Coverage (%)
Residential Uses
(1)
Manufactured home courts
D 1
5.13
10,000
107,639
(2)
Manufactured homes
P 1
360(1)
3875.0 sq.
feet
12(2)
39.4 feet
6
19.7 feet
6
19.7 feet
1.5(3)
4.9 feet
46
495.1sq.
feet
10.5
34.4 feet
50
Commercial Uses
(1)
Convenience stores
D 5 3.9.4 (2)
460
4951.4 sq.
feet
15
49.2 feet
6
19.7 feet
6
19.7 feet
3(4)
9.8 feet
- -
- -
- -
(2)
Day care centres and pre-schools D 14
5.5
460
4951.4 sq.
feet
15
49.2 feet
6
19.7 feet
6
19.7 feet
3(4)
9.8 feet
- -
- -
- -
(3)
Family child care homes - type I
P 0
5.8
360(1)
3875.0 sq.
feet
12(2)
39.4 feet
6
19.7 feet
6
19.7 feet
1.5(3)
4.9 feet
46
495.1sq.
feet
10.5
34.4 feet
50
(4)
Family child care homes - type II
D 0
5.8
360(1)
3875.0 sq.
feet
12(2)
39.4 feet
6
19.7 feet
6
19.7 feet
1.5(3)
4.9 feet
46
495.1sq.
feet
10.5
34.4 feet
50
(5)
Home based businesses
P 0
5.10
same as principal use
(6)
Laundromats
D 4
460
4951.4 sq.
feet
15
49.2 feet
6
19.7 feet
6
19.7 feet
3(4)
9.8 feet
- -
- -
- -
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Community centres
D 4 3.9.4 (3)
460
4951.4 sq.
feet
15
49.2 feet
6
19.7 feet
6
19.7 feet
3(4)
9.8 feet
- -
- -
- -
(2)
Cultural institutions
D 4 3.9.4 (3)
460
4951.4 sq.
feet
15
49.2 feet
6
19.7 feet
6
19.7 feet
3(4)
9.8 feet
- -
- -
- -
(3)
Municipal facilities
P 0
- -
- -
- -
- -
- -
- -
- -
- -
(4)
Parking lots
D 0
5.15
- -
- -
3
4.9 feet
3
4.9 feet
3
4.9 feet
- -
- -
- -
(5)
Parks and playgrounds
P 0
- -
- -
- -
- -
- -
- -
- -
10
(6)
Places of worship
D 15 3.9.4 (3)
460
4951.4 sq.
feet
15
49.2 feet
6
19.7 feet
6
19.7 feet
3(4)
9.8 feet
- -
- -
- -
(7)
Public recreational facilities
D 22 3.9.4 (3)
- -
- -
- -
6
19.7 feet
3(4)
4.9 feet
- -
- -
- -
(8)
Public works excluding offices,
warehouses, storage yards and
sewage lagoons
P 0
- -
- -
- -
- -
- -
- -
- -
- -
Use Designations:
(P) - Permitted Use: Any use or form of development, other than a discretionary use, specifically allowed in a zoning
district subject to the regulations contained in this zoning bylaw.
(D) - Discretionary Use: Any use or form of development that may be allowed in a zoning district following application to,
and approval of the Council; and which complies with the development standards, as required by Council, and contained in
this zoning bylaw.
Town of Foam Lake Zoning Bylaw
83
Special limitations and standards regarding Table 7-3 and the RMH district:
(1)
where the site is serviced by a lane; otherwise 460 m2 (4951.4 ft2)
(2)
where the site is serviced by a lane, otherwise 15.0 m (49.2 feet)
(3)
except for corner sites where it shall be 3.0 m along the flanking street (9.8 feet)
(4)
or ½ the average building height, whichever is greater, to a maximum of 6.0 m (19.7 feet)
84
Town of Foam Lake Zoning Bylaw
Town of Foam Lake Zoning Bylaw
85
7.4 C1 - DOWNTOWN COMMERCIAL DISTRICT
7.4.1
Purpose
The objective of the C1 - Downtown Commercial district is to facilitate a range of commercial
and other compatible uses.
7.4.2
Permitted and Discretionary Use
Uses are listed and designated in Table 7-4.
7.4.3
Accessory Uses
Accessory buildings and uses shall be permitted subject to Section 4.9.
7.7.4
Standards and Regulations
Site and building requirements are shown in Table 7-4.
7.4.5
Standards for Discretionary Uses
Council will consider discretionary use applications in the C1 district with respect to Section
3.9.3 - General Discretionary Use Evaluation Criteria, Section 3.9.4 - Use-Specific Discretionary
Use Evaluation Criteria, as may be applicable, and additional evaluation criteria and development
standards that follows in this section.
7.4.6
Exceptions to Development Standards
7.4.7
Off-Street Parking and Loading
Off-street parking and loading requirements are subject to Section 4.10.
7.4.8
Landscaping
Landscaping is subject to Section 4.12.
7.4.9
Outside Storage
Outside storage, including waste material storage, is subject to Section 4.15.
86
Town of Foam Lake Zoning Bylaw
Table 7-4: C1 - Downtown Commercial District Development Standards
Principal Use
Development Standards
Designation
Parking Category
Subject to
Section(s)
Minimum Site
Area (m2), (ft2)
Minimum Site
Width (m), (ft)
Minimum Front
Yard (m), (ft)
Minimum Rear
Yard (m), (ft)
Minimum Side
Yard (m), (ft)
Maximum Site
Coverage (%)
Commercial Uses
(1) Bakeries with retail sales
P 0
- -
280
3013.9 sq. feet
7.5
24.6 feet
- -
(2)
(1)
- -
(2) Bus terminals
D 0
- -
280
3013.9 sq. feet
7.5
24.6 feet
- -
(2)
(1)
- -
(3) Car washes
D 0
- -
280
3013.9 sq. feet
15
7.5
24.6 feet
(2)
(1)
- -
(4) Clubs
P 0
- -
280
3013.9 sq. feet
7.5
24.6 feet
- -
(2)
(1)
- -
(5) Commercial recreation facilities,
excluding golf courses
D 0
- -
280
3013.9 sq. feet
7.5
24.6 feet
- -
(2)
(1)
- -
(6) Construction trades
D 0 3.9.4 (1)
280
3013.9 sq. feet
7.5
24.6 feet
- -
(2)
(1)
- -
(7) Convenience stores
P 0
- -
280
3013.9 sq. feet
7.5
24.6 feet
- -
(2)
(1)
- -
(8) Day care centres and pre-schools
P 0
5.5
280
3013.9 sq. feet
7.5
24.6 feet
- -
(2)
(1)
- -
(9) Financial institutions
P 0
- -
280
3013.9 sq. feet
7.5
24.6 feet
- -
(2)
(1)
- -
(10) Fitness centres
P 0
- -
280
3013.9 sq. feet
7.5
24.6 feet
- -
(2)
(1)
- -
(11) Funeral homes
P 0
- -
280
3013.9 sq. feet
7.5
24.6 feet
- -
(2)
(1)
- -
(12) Gas bars
D 0
5.1
5.17
280
3013.9 sq. feet
7.5
24.6 feet
7.5
24.6 feet
(2)
(1)
- -
(13) Health care clinics
P 0
- -
280
3013.9 sq. feet
7.5
24.6 feet
- -
(2)
(1)
- -
(14) Home based businesses
P 0
5.10
same as principal use
(15) Hotels and motels
P 0
- -
280
3013.9 sq. feet
7.5
24.6 feet
- -
(2)
(1)
- -
(16)
Lumber yards, home improvement
centres and building supply
establishments
D 0 3.9.4 (1)
900
9687.5 sq. feet
30
98.4 feet
15
49.2 feet
(2)
(1)
- -
(17) Malls
D 0
5.18
900
9687.5 sq. feet
30
98.4 feet
15
49.2 feet
6
19.7 feet
7.5
24.6 feet
- -
(18) Medical, dental and optical labs
P 0
280
3013.9 sq. feet
7.5
24.6 feet
- -
(2)
(1)
- -
(19) Night clubs
D 0 3.9.4 (8)
280
3013.9 sq. feet
7.5
24.6 feet
- -
(2)
(1)
- -
(20) Offices and office buildings
P 0
- -
280
3013.9 sq. feet
7.5
24.6 feet
- -
(2)
(1)
- -
(21) Parking lots
D 0
5.15
280
3013.9 sq. feet
7.5
24.6 feet
- -
(2)
(1)
- -
(22) Personal service shops
P 0
- -
280
3013.9 sq. feet
7.5
24.6 feet
- -
(2)
(1)
- -
(23) Photography studios
P 0
- -
280
3013.9 sq. feet
7.5
24.6 feet
- -
(2)
(1)
- -
Town of Foam Lake Zoning Bylaw
87
Table 7-4: C1 - Downtown Commercial District Development Standards
Principal Use
Development Standards
Designation
Parking Category
Subject to
Section(s)
Minimum Site
Area (m2), (ft2)
Minimum Site
Width (m), (ft)
Minimum Front
Yard (m), (ft)
Minimum Rear
Yard (m), (ft)
Minimum Side
Yard (m), (ft)
Maximum Site
Coverage (%)
(24) Printing plants and newspaper offices
P 0
- -
280
3013.9 sq. feet
7.5
24.6 feet
- -
(2)
(1)
- -
(25) Private schools
P 0
- -
280
3013.9 sq. feet
7.5
24.6 feet
- -
(2)
(1)
- -
(26) Radio and television studios
P 0
- -
280
3013.9 sq. feet
7.5
24.6 feet
- -
(2)
(1)
- -
(27) Repair services restricted to the repair of
household goods and appliances
P 0
- -
280
3013.9 sq. feet
7.5
24.6 feet
- -
(2)
(1)
- -
(28) Restaurants, with or without associated
lounges
P 0
- -
280
3013.9 sq. feet
7.5
24.6 feet
- -
(2)
(1)
- -
(29) Retail stores
P 0
- -
280
3013.9 sq. feet
7.5
24.6 feet
- -
(2)
(1)
- -
(30) Service stations and public garages
D 0
5.1
5.17
900
9687.5 sq. feet
30
98.4 feet
15
49.2 feet
6
19.7 feet
7.5
24.6 feet
- -
(31) Shopping centres
D 0
5.18
900
9687.5 sq. feet
30
98.4 feet
15
49.2 feet
6
19.7 feet
7.5
24.6 feet
- -
(32) Taverns
D 0 3.9.4 (8)
280
3013.9 sq. feet
7.5
24.6 feet
- -
(2)
(1)
- -
(33) Theatres
P 0
- -
280
3013.9 sq. feet
7.5
24.6 feet
- -
(2)
(1)
- -
(34) Tourist information centres and booths
P 0
- -
280
3013.9 sq. feet
7.5
24.6 feet
- -
(2)
(1)
- -
(35) Veterinary clinics
P 0
- -
280
3013.9 sq. feet
7.5
24.6 feet
- -
(2)
(1)
- -
Community Service, Municipal, Institutional and Other Uses
(1) Protective services
P 0
- -
280
3013.9 sq. feet
7.5
24.6 feet
- -
(2)
(1)
- -
(2) Community centres
P 0
280
3013.9 sq. feet
7.5
24.6 feet
- -
(2)
(1)
- -
(3) Cultural institutions
P 0
280
3013.9 sq. feet
7.5
24.6 feet
- -
(2)
(1)
- -
(4) Municipal facilities
P 0
- -
280
3013.9 sq. feet
7.5
24.6 feet
- -
(2)
(1)
- -
(5) Parks and playgrounds
P 0
- -
- -
- -
- -
3
9.8 feet
- -
(6) Places of worship
P 0
280
3013.9 sq. feet
7.5
24.6 feet
- -
(2)
(1)
- -
(7) Public recreational facilities
P 0
- -
280
3013.9 sq. feet
7.5
24.6 feet
- -
(2)
(1)
- -
(8) Public works excluding warehouses,
storage yards and sewage lagoons
P 0
- -
- -
- -
- -
- -
- -
Residential Uses
(1) Dwelling units in conjunction with and
attached to any other permitted use
P 0
5.7
same as principal use
(2) Multiple unit dwellings (apartments)
D 2 3.9.4 (7)
5.14
185/unit
1991.3 sq. ft/unit
6/unit(3)
19.7 sq. ft
/unit
7.5
24.6 feet
6
19.7 feet
(4)
60
88
Town of Foam Lake Zoning Bylaw
Table 7-4: C1 - Downtown Commercial District Development Standards
Principal Use
Development Standards
Designation
Parking Category
Subject to
Section(s)
Minimum Site
Area (m2), (ft2)
Minimum Site
Width (m), (ft)
Minimum Front
Yard (m), (ft)
Minimum Rear
Yard (m), (ft)
Minimum Side
Yard (m), (ft)
Maximum Site
Coverage (%)
(3) Multiple unit dwellings (townhouses)
D 2 3.9.4 (7)
5.14
225/unit
2421.9 sq. ft/ unit
6/unit
19.7 sq.
ft/unit
7.5
24.6 feet
6
19.7 feet
(4)
60
Use Designations:
(P) - Permitted Use: Any use or form of development, other than a discretionary use, specifically allowed in a
zoning district subject to the regulations contained in this zoning bylaw.
(D) - Discretionary Use: Any use or form of development that may be allowed in a zoning district following
application to, and approval of the Council; and which complies with the development standards, as required by
Council, and contained in this zoning bylaw.
Special limitations and standards regarding Table 7-4 and the C1 district:
(1) where the side site line abuts any Residential district without an intervening street or lane, the minimum side
yard shall be 2.0 m (6.6 feet)
(2) where the rear site line abuts any Residential district without an intervening street or lane, the minimum rear
yard shall be 6.0 m (19.7 feet)
(3) to a maximum of 18.0 m (59.1 feet)
(4) for one-story multiple unit dwellings, the minimum side yard requirement shall be 1.8 m (5.9 feet), unless
dwelling is on a corner site, in which case the minimum side yard requirement shall be 3.0 m (9.8 feet) for the
side flanking the street; for multiple unit dwellings that are two (2) to three (3) storeys, the minimum side yard
requirement shall be 3.0 m (9.8 feet); for multiple unit dwellings that are four (4) storeys or higher, the
minimum side yard requirement shall be ½ the average building height to a maximum of 6.0 m (19.7 feet)
Town of Foam Lake Zoning Bylaw
89
7.5 C2 - HIGHWAY COMMERCIAL DISTRICT
7.5.1
Purpose
The purpose of the C2 - Highway Commercial District is to provide for development in the form
of a range of highway commercial and other compatible uses.
7.5.2
Permitted and Discretionary Uses
Uses are listed and designated in Table 7-5.
7.5.3
Accessory Uses
Accessory buildings and uses shall be permitted subject to Section 4.9.
7.5.4
Standards and Regulations
Site and building requirements are shown in Table 7-5.
7.5.5
Standards for Discretionary Uses
Council will consider discretionary use applications in the C2 district with respect to Section
3.9.3 - General Discretionary Use Evaluation Criteria and to Section 3.9.4 - Use-Specific
Discretionary Use Evaluation Criteria and to additional evaluation criteria and development
standards that follows in this section.
7.5.6
Exceptions to Development Standards
7.5.7
Off-Street Parking and Loading
Off-street parking and loading requirements are subject to Section 4.10.
7.5.8
Landscaping
Landscaping is subject to Section 4.12.
7.5.9
Outside Storage
Outside storage, including waste material storage, is subject to Section 4.15.
90
Town of Foam Lake Zoning Bylaw
Table 7-5: C2 - Highway Commercial District Development Standards
Principal Use
Development Standards
Designation
Parking Category
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Rear
Yard (m)
Minimum Side
Yard (m)
Maximum Site
Coverage (%)
Commercial Uses
(1) Animal hospitals
P 5
- -
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(2) Auto body shops
D 5 3.9.4 (1)
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(3)
Automobile, marine, recreational vehicle,
agricultural equipment, and mobile home
sales and service establishments
P 5
- -
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(4) Automotive and industrial supply stores
P 5
- -
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(5) Bingo halls
P 8
- -
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(6) Bulk fuel dealers
D 11
5.4
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(7) Bus terminals
P 5
- -
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(8) Car washes
P 19
- -
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(9) Commercial recreation facilities
D 5
- -
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(10) Construction trades
D 5 3.9.4 (1)
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(11) Convenience stores
P 5
- -
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(12) Drive-in theatres
D 5
- -
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(13) Freight handling facilities
D 4
- -
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(14) Funeral homes
P 15
- -
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(15) Gas bars
P 5
5.1
5.17
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(16) Hotels and motels
P 9
- -
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(17) Indoor storage rental facilities
D 4 3.9.4 (6)
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(18) Light industrial uses
D 11
- -
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(19) Light manufacturing
D 11
5.12
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(20)
Lumber yards, home improvement
centres, and building supply
establishments
P 4
- -
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(21) Malls
P 5
5.18
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(22) Miniature golf courses
D 5
- -
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
Town of Foam Lake Zoning Bylaw
91
Table 7-5: C2 - Highway Commercial District Development Standards
Principal Use
Development Standards
Designation
Parking Category
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Rear
Yard (m)
Minimum Side
Yard (m)
Maximum Site
Coverage (%)
(23) Night clubs
D 8 3.9.4 (8)
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(24) Nurseries, greenhouses, and garden
centres
P 4
- -
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(25) Offices and office buildings
P 5
- -
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(26) Parking lots
P 0
5.15
- -
- -
3
9.84
(1)
3
9.8 feet
- -
(27) Personal service shops
P 5
- -
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(28) Pet grooming establishments
P 5
- -
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(29) Recycling collection depots
D 4 3.9.4 (6)
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(30) Rental stores
P 5
- -
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(31) Repair services restricted to household
goods and appliances
P 5
- -
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(32) Restaurants, without associated lounges
P 8
- -
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(33) Restaurants, with associated lounges
D 8
- -
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(34) Retail stores
P 5
- -
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(35) Service stations and public garages
P 5
5.1
5.17
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(36) Shopping centres
P 5
5.18
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(37) Storage garages
D 4
- -
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(38) Taverns
D 8 3.9.4 (8)
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(39) Taxidermy and accessory tanning of hides D 5 3.9.4 (1)
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(40) Tourist campgrounds
D 5
- -
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(41) Tourist information centres and booths
P 4
- -
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(42) Trucking operations
D 4
- -
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(43) Veterinary clinics
P 5
- -
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(44) Warehouses
D 4
- -
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(45) Wholesale establishments
P 4
- -
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
92
Town of Foam Lake Zoning Bylaw
Table 7-5: C2 - Highway Commercial District Development Standards
Principal Use
Development Standards
Designation
Parking Category
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Rear
Yard (m)
Minimum Side
Yard (m)
Maximum Site
Coverage (%)
(46) Welding and machine shops
D 4 3.9.4 (1)
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
Residential Uses
(1)
Dwelling units accessory to permitted uses
and integrated as part of a principal
building for the use of caretakers, owners
or managers
D 1 3.9.4 (7)
5.7
same as the principal use
Community Service and Other Uses
(1) Protective services
P 21
- -
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(2) Municipal facilities
P 0
- -
- -
- -
- -
- -
- -
- -
(3) Parks and playgrounds
P 0
- -
- -
- -
- -
- -
- -
- -
(4) Places of worship
P 15 3.9.4 (3)
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(5) Public recreational facilities
P 22
- -
900
9687.5 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.8 feet
- -
(6) Public works, excluding sewage lagoons
P 0
- -
- -
- -
- -
- -
- -
- -
Use Designations:
(P) - Permitted Use: Any use or form of development, other than a discretionary use, specifically allowed in a zoning
district subject to the regulations contained in this zoning bylaw.
(D) - Discretionary Use: Any use or form of development that may be allowed in a zoning district following application
to, and approval of the Council; and which complies with the development standards, as required by Council, and
contained in this zoning bylaw.
Special limitations and standards regarding Table 7-5 and the C2 district:
(1)
10% of the depth of the site, except:
a.
where the rear yard abuts a railroad track or railroad yard, and consultation with the affected railway is
undertaken, no rear yard is required
b.
where the site is served by a lane, in which case 1.5 m (4.9 feet)
Town of Foam Lake Zoning Bylaw
93
7.6 M - INDUSTRIAL DISTRICT
7.6.1
Purpose
The purpose of the M - Industrial District is to provide for development in the form of a range of
industrial and other compatible uses.
7.6.2
Permitted and Discretionary Uses
Uses are listed and designated in Table 7-6.
7.6.3
Accessory Uses
Accessory buildings and uses shall be permitted subject to Section 4.9.
7.6.4
Standards and Regulations
Site and building requirements are shown in Table 7-6.
7.6.5
Standards for Discretionary Uses
Council will consider discretionary use applications in the M district with respect to Section 3.9.3
- Discretionary Use General Evaluation Criteria and to Section 3.9.4 - Discretionary Use
Specific Evaluation Criteria and to additional evaluation criteria and development standards that
follows in this section.
7.6.6
Exceptions to Development Standards
7.6.7
Off-Street Parking and Loading
Off-street parking and loading requirements are subject to Section 4.10.
7.6.8
Landscaping
Landscaping is subject to Section 4.12.
7.6.9
Outside Storage
Outside storage, including waste material storage, is subject to Section 4.15.
94
Town of Foam Lake Zoning Bylaw
Table 7-6 M - Industrial District Development Standards
Principal Use
Development Standards
Designation
Parking Category
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Rear
Yard (m)
Minimum Side
Yard (m)
Maximum Site
Coverage (%)
Industrial / Commercial Uses
(1)
Abattoirs
D 11 3.9.4 (1)
1,115
12001.8 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.84 feet
- -
(2)
Airports
D - -
- -
- -
- -
6
19.7 feet
- -
- -
- -
(3)
Animal hospitals
P
- -
1,115
12001.8 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.84 feet
- -
(4)
Auction markets, excluding livestock auction
facilities
D 4
- -
1,115
12001.8 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.84 feet
- -
(5)
Auto body shops
P 11
- -
1,115
12001.8 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.84 feet
- -
(6)
Automobile, marine, recreational vehicle and
equipment, agricultural equipment, and mobile
home sales and service establishments
P 4
- -
1,115
12001.8 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.84 feet
- -
(7)
Boarding kennels
P 11
- -
1,115
12001.8 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.84 feet
- -
(8)
Bulk fertilizer and chemical sales and storage
D 11
5.4
1,115
12001.8 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.84 feet
- -
(9)
Bulk petroleum sales and storage
D 11
5.4
1,115
12001.8 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.84 feet
- -
(10) Car washes
P 11
- -
1,115
12001.8 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.84 feet
- -
(11) Cement and concrete plants
P 11
- -
1,115
12001.8 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.84 feet
- -
(12) Consignment centres
P 11
- -
1,115
12001.8 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.84 feet
- -
(13) Construction trades
P 11
- -
1,115
12001.8 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.84 feet
- -
(14) Gas bars
P 5
5.1
5.17
1,115
12001.8 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.84 feet
- -
(15) General industrial uses
P 4
- -
1,115
12001.8 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.84 feet
- -
(16) Grain elevators
D 11
- -
1,115
12001.8 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.84 feet
- -
(17) Indoor storage rental facilities
D 11 3.9.4 (6)
1,115
12001.8 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.84 feet
- -
(18) Industrial complexes
P 4
- -
1,115
12001.8 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.84 feet
- -
(19) Junk yards, salvage yards and auto wreckers
D 11 3.9.4 (1)
1,115
12001.8 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.84 feet
- -
(20) Light manufacturing
P 11
5.12
1,115
12001.8 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.84 feet
- -
(21) Lumber yards, home improvement centres and
building supply establishments
P 4
- -
1,115
12001.8 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.84 feet
- -
(22) Meat packing plants
D 4
- -
1,115
12001.8 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.84 feet
- -
Town of Foam Lake Zoning Bylaw
95
Table 7-6 M - Industrial District Development Standards
Principal Use
Development Standards
Designation
Parking Category
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Rear
Yard (m)
Minimum Side
Yard (m)
Maximum Site
Coverage (%)
(23) Nurseries, greenhouses and garden centres
P 4
- -
1,115
12001.8 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.84 feet
- -
(24) Parking lots
P 0
5.15
- -
- -
6
19.7 feet
3
9.84 feet
3
9.84 feet
(25) Pet food processing plants
D 4
- -
1,115
12001.8 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.84 feet
- -
(26) Recycling depots
P 11
- -
1,115
12001.8 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.84 feet
- -
(27) Sand and gravel operations and gravel yards
D 11
- -
1,115
12001.8 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.84 feet
- -
(28) Seed cleaning plants and feed mills
D 11
- -
1,115
12001.8 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.84 feet
- -
(29) Service stations and public garages
P 4
5.1
5.17
1,115
12001.8 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.84 feet
- -
(30) Stockyards
D 11
- -
1,115
12001.8 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.84 feet
- -
(31) Taxidermy and accessory tanning of hides
D 11 3.9.4 (1)
1,115
12001.8 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.84 feet
- -
(32) Telecommunication towers
P 0
- -
- -
- -
6
19.7 feet
(1)
3
9.84 feet
(33) Transportation terminals and yards
P 4
- -
1,115
12001.8 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.84 feet
- -
(34) Veterinary clinics
P 4
- -
1,115
12001.8 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.84 feet
- -
(35) Warehouses
P 11
- -
1,115
12001.8 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.84 feet
- -
(36) Welding and machine shops
P 11
- -
1,115
12001.8 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.84 feet
- -
(37) Wholesale establishments
P 11
- -
1,115
12001.8 sq. feet
30
98.4 feet
6
19.7 feet
(1)
3
9.84 feet
- -
Community Service and Other Uses
(1)
Municipal facilities
P 0
- -
- -
- -
- -
- -
- -
- -
(2)
Parks and playgrounds
P 0
- -
- -
- -
- -
- -
- -
- -
(3)
Public works excluding sewage lagoons
P 0
- -
- -
- -
- -
- -
- -
- -
Residential
(1)
Dwelling units accessory to permitted uses and
integrated as part of a principal building for the
use of caretakers, owners or managers
D 1
5.7
same as principal use
Use Designations:
(P) - Permitted Use: Any use or form of development, other than a discretionary use, specifically allowed in a zoning
district subject to the regulations contained in this zoning bylaw.
(D) - Discretionary Use: Any use or form of development that may be allowed in a zoning district following application
to, and approval of the Council; and which complies with the development standards, as required by Council, and
contained in this zoning bylaw.
96
Town of Foam Lake Zoning Bylaw
Special limitations and standards regarding Table 7-6 and the M district:
(1) 10% of the depth of the site, except where the rear yard abuts a railroad track or railroad yard, and consultation with
the affected railway is undertaken, no rear yard is required
Town of Foam Lake Zoning Bylaw
97
7.7 CS - COMMUNITY SERVICE DISTRICT
7.7.1
Purpose
The objective of the CS - Community Service District is to provide for a range of community
services and other compatible uses.
7.7.2
Permitted and Discretionary Uses
Uses are listed and designated in Table 7-7.
7.7.3
Accessory Uses
Accessory buildings and uses shall be permitted subject to Section 4.9.
7.7.4
Standards and Regulations
Site and building requirements are shown in Table 7-7.
7.7.5
Standards for Discretionary Uses
Council will consider discretionary use applications in the CS district with respect to Section
3.9.3 - General Discretionary Use Evaluation Criteria, Section 3.9.4 - Use-Specific Discretionary
Use Evaluation Criteria, as may be applicable, and additional evaluation criteria and development
standards that follows in this section.
7.7.6
Exceptions to Development Standards
7.7.7
Off-Street Parking and Loading
Off-street parking and loading requirements are subject to Section 4.10.
7.7.8
Landscaping
Landscaping is subject to Section 4.12.
7.7.9
Outside Storage
Outside storage, including waste material storage, is subject to Section 4.15.
98
Town of Foam Lake Zoning Bylaw
Table 7-7: CS - Community Service District Development Standards
Principal Use
Development Standards
Designation
Parking Category
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Rear
Yard (m)
Minimum Side
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Bldg
Height (m)
Maximum Site
Cvg (%)
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Ambulance stations
P 21
- -
225
2421.9 sq. feet
6
19.7 feet
6
19.7 feet
4.5
14.8 feet
3
9.9 feet
- -
- -
- -
(2)
Cemeteries
P 0
- -
- -
- -
6
19.7 feet
4.5
14.8 feet
3
9.9 feet
- -
- -
- -
(3)
Community centres
P 4
- -
225
2421.9 sq. feet
6
19.7 feet
6
19.7 feet
4.5
14.8 feet
3
9.9 feet
- -
- -
- -
(4)
Cultural institutions
P 4
- -
225
2421.9 sq. feet
6
19.7 feet
6
19.7 feet
4.5
14.8 feet
3
9.9 feet
- -
- -
- -
(5)
Custodial care facilities
D 6
5.2
225
2421.9 sq. feet
6
19.7 feet
6
19.7 feet
4.5
14.8 feet
3
9.9 feet
- -
- -
- -
(6)
Educational institutions
P 17
- -
225
2421.9 sq. feet
6
19.7 feet
6
19.7 feet
4.5
14.8 feet
3
9.9 feet
- -
- -
- -
(7)
Hospitals
P
- -
- -
- -
6
19.7 feet
4.5
14.8 feet
3
9.9 feet
- -
- -
- -
(8)
Municipal facilities
P 0
- -
- -
15
49.2 feet
6
19.7 feet
- -
- -
- -
- -
- -
(9)
Parks and playgrounds
P 0
- -
- -
- -
- -
- -
- -
- -
- -
- -
(10)
Places of worship
P 15
- -
225
2421.9 sq. feet
6
19.7 feet
6
19.7 feet
4.5
14.8 feet
3
9.9 feet
- -
- -
- -
(11)
Public schools
P 18
- -
225
2421.9 sq. feet
6
19.7 feet
6
19.7 feet
4.5
14.8 feet
3
9.9 feet
- -
- -
- -
(12)
Public works, excluding warehouses,
storage yards, and sewage lagoons P 0
- -
- -
- -
- -
- -
- -
- -
- -
- -
(13)
Public hospitals
P 6
- -
225
2421.9 sq. feet
6
19.7 feet
6
19.7 feet
4.5
14.8 feet
3
9.9 feet
- -
- -
- -
(14)
Public recreational facilities
P 22
- -
225
2421.9 sq. feet
6
19.7 feet
6
19.7 feet
4.5
14.8 feet
3
9.9 feet
- -
- -
- -
(15)
Telecommunication towers
P 0
- -
- -
- -
- -
- -
- -
- -
- -
- -
Commercial Uses
(1)
Adult day cares
P 14
5.2
225
2421.9 sq. feet
6
19.7 feet
6
19.7 feet
4.5
14.8 feet
3
9.9 feet
- -
- -
- -
(2)
Clubs
P 5
- -
225
2421.9 sq. feet
6
19.7 feet
6
19.7 feet
4.5
14.8 feet
3
9.9 feet
- -
- -
- -
(3)
Commercial recreation facilities
P 22
- -
225
2421.9 sq. feet
6
19.7 feet
6
19.7 feet
4.5
14.8 feet
3
9.9 feet
- -
- -
- -
(4)
Convenience stores, with or without
associated gas bars
D 5
- -
225
2421.9 sq. feet
6
19.7 feet
6
19.7 feet
4.5
14.8 feet
3
9.9 feet
- -
- -
- -
(5)
Day care centres and pre-schools
P 14
5.5
225
2421.9 sq. feet
6
19.7 feet
6
19.7 feet
4.5
14.8 feet
3
9.9 feet
- -
- -
- -
(6)
Funeral homes
P
- -
225
2421.9 sq. feet
6
19.7 feet
6
19.7 feet
4.5
14.8 feet
3
9.9 feet
- -
- -
- -
(7)
Health care clinics
P 28
- -
225
2421.9 sq. feet
6
19.7 feet
6
19.7 feet
4.5
14.8 feet
3
9.9 feet
- -
- -
- -
(8)
Medical, dental and optical
laboratories
P 5
- -
225
2421.9 sq. feet
6
19.7 feet
6
19.7 feet
4.5
14.8 feet
3
9.9 feet
- -
- -
- -
Town of Foam Lake Zoning Bylaw
99
Table 7-7: CS - Community Service District Development Standards
Principal Use
Development Standards
Designation
Parking Category
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Rear
Yard (m)
Minimum Side
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Bldg
Height (m)
Maximum Site
Cvg (%)
(9)
Parking lots
D 0
5.15
- -
- -
3
9.9 feet
4.5
14.8 feet
3
9.9 feet
- -
- -
- -
(10)
Private schools
P 18
- -
225
2421.9 sq. feet
6
19.7 feet
6
19.7 feet
4.5
14.8 feet
3
9.9 feet
- -
- -
- -
(11)
Restaurants, with or without
associated lounges
D 8
- -
225
2421.9 sq. feet
6
19.7 feet
6
19.7 feet
4.5
14.8 feet
3
9.9 feet
- -
- -
- -
(12)
Special care homes
P 6
- -
225
2421.9 sq. feet
6
19.7 feet
6
19.7 feet
4.5
14.8 feet
3
9.9 feet
- -
- -
- -
Use Designations:
(P) - Permitted Use: Any use or form of development, other than a discretionary use, specifically allowed in a zoning
district subject to the regulations contained in this zoning bylaw.
(D) - Discretionary Use: Any use or form of development that may be allowed in a zoning district following application to,
and approval of the Council; and which complies with the development standards, as required by Council, and contained in
this zoning bylaw.
Special limitations and standards regarding Table 7-7 and the CS district:
100
Town of Foam Lake Zoning Bylaw
Town of Foam Lake Zoning Bylaw
101
7.8 PR - PARKS AND RECREATION DISTRICT
7.8.1
Purpose
The purpose of the PR - Parks and Recreation District is to provide for parks and recreation
development and for other compatible uses.
7.8.2
Permitted and Discretionary Uses
Uses are listed and designated in Table 7-8.
7.8.3
Accessory Uses
Accessory buildings and uses shall be permitted subject to Section 4.9.
7.8.4
Standards and Regulations
Site and building requirements are shown in Table 7-8.
7.8.5
Standards for Discretionary Uses
Council will consider discretionary use applications in the PR district with respect to Section
3.9.3 - General Discretionary Use Evaluation Criteria and to Section 3.9.4 - Use-Specific
Discretionary Use Evaluation Criteria and to additional evaluation criteria and development
standards that follows in this section.
7.8.6
Exceptions to Development Standards
7.8.7
Off-Street Parking and Loading
Off-street parking and loading requirements are subject to Section 4.10.
7.8.8
Outside Storage
Outside storage, including waste material storage, is subject to Section 4.15.
102
Town of Foam Lake Zoning Bylaw
Table 7-8: PR - Parks and Recreation District Development Standards
Principal Use
Development Standards
Designation
Parking Category
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Minimum
Building Floor
Area (m2)
Maximum Site
Coverage (%)
Community Service, Municipal and Other Uses(1)
(1)
Cemeteries
D
0
- -
- -
- -
6
19.7 feet
3
9.8 feet
4.5
14.8 feet
- -
- -
(2)
Community centres
D
4 3.9.4 (3)
460
4951.4 sq. feet
15
49.2 feet
6
19.7 feet
3
9.8 feet
4.5
14.8 feet
- -
- -
(3)
Cultural institutions
D
4 3.9.4 (3)
460
4951.4 sq. feet
15
49.2 feet
6
19.7 feet
3
9.8 feet
4.5
14.8 feet
- -
- -
(4)
Intensive agricultural uses including vegetable
and fruit production but specifically excluding
operations related to the raising of livestock or
animals and specifically excluding intensive
agricultural operations carried on, in whole or in
part, within buildings
D
0
- -
1,000
10763.9 sq. feet
30
98.4 feet
6
19.7 feet
3
9.8 feet
6
19.7 feet
- -
- -
(5)
Golf courses
D
3 3.9.4 (5)
- -
- -
6
19.7 feet
3
9.8
4.5
14.8
- -
- -
(6)
Municipal facilities
P
0
- -
- -
- -
- -
- -
- -
- -
- -
(7)
Nature interpretation trails and associated
facilities
P
0
- -
- -
- -
6
19.7 feet
3
9.8
4.5
14.8
- -
- -
(8)
Public recreation facilities
P 22
- -
460
4951.4 sq. feet
15
49.2 feet
6
19.7 feet
3
9.8 feet
4.5
14.8 feet
- -
- -
(9)
Public works excluding sewage lagoons
P
0
- -
- -
- -
- -
- -
- -
- -
- -
(10)
Sports fields, parks and playgrounds
P
0
- -
- -
- -
6
19.7 feet
3
9.8
4.5
14.8
- -
- -
(11)
Telecommunication towers
P
0
- -
- -
- -
- -
- -
- -
- -
- -
(12)
Tourist campgrounds
D
5
- -
1,000
10763.9 sq. feet
30
98.4 feet
6
19.7 feet
3
9.8 feet
4.5
14.8 feet
- -
- -
(13)
Tourist information centres and booths
P
4
- -
225
2421.9 sq. feet
15
49.2 feet
- -
3
9.8 feet
4.5
14.8 feet
- -
- -
(14)
Walking, hiking and ski trails and associated
facilities
P
0
- -
- -
- -
6
19.7 feet
3
9.8 feet
4.5
14.8 feet
- -
- -
Use Designations:
(P) - Permitted Use: Any use or form of development, other than a discretionary use, specifically allowed in a zoning
district subject to the regulations contained in this zoning bylaw.
(D) - Discretionary Use: Any use or form of development that may be allowed in a zoning district following application
to, and approval of the Council; and which complies with the development standards, as required by Council, and
contained in this zoning bylaw.
Special limitations and standards regarding Table 7-8 and the PR district:
Town of Foam Lake Zoning Bylaw
103
7.9 FUD - FUTURE URBAN DEVELOPMENT DISTRICT
7.9.1
Purpose
The purpose of the FUD - Future Urban Development District is to provide for interim land uses
where the future use of the land or the timing of development is uncertain due to issues of
servicing, transitional use or market demand.
7.9.2
Permitted and Discretionary Uses
Uses are listed and designated in Table 7-9.
7.9.3
Accessory Uses
Accessory buildings and uses shall be permitted subject to Section 4.9.
7.9.4
Standards and Regulations
Site and building requirements are shown in Table 7-9.
7.9.5
Standards for Discretionary Uses
Council will consider discretionary use applications in the FUD district with respect to Section
3.9.3 - General Discretionary Use Evaluation Criteria and to Section 3.9.4 - Use-Specific
Discretionary Use Evaluation Criteria and to additional evaluation criteria and development
standards that follows in this section.
7.9.6
Exceptions to Development Standards
7.9.7
Off-Street Parking and Loading
Off-street parking and loading requirements are subject to Section 4.10.
7.9.8
Outside Storage
Outside storage, including waste material storage, is subject to Section 4.15.
104
Town of Foam Lake Zoning Bylaw
Table 7-9 FUD - Future Urban Development District Development Standards
Principal Use
Development Standards
Designation
Parking Category
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Minimum Building
Floor Area (m2)
Maximum Site
Coverage (%)
Residential Uses
(1)
Home based businesses
P 0
5.10
same as principal use
(2)
Single detached dwellings
D 1
- -
460(1)
4951.4 sq. feet
15(2)
49.2 feet
6
19.7 feet
1.5(3)
4.9 feet
6
19.7 feet
46
495.1 sq. feet
50
Other Uses
(1)
Agricultural fair grounds
D 0
- -
5,000
53819.6 sq. feet
- -
6
19.7 feet
- -
- -
- -
- -
(2)
Agricultural uses including crop farming,
grazing and pasturage, and cultivation of
land, but not including intensive livestock
or poultry operations nor grazing or
pasturing within 200 m of any street or
Highway
P 0
- -
5,000
53819.6 sq. feet
- -
6
19.7 feet
- -
- -
- -
- -
(3)
Golf courses
D 3 3.9.4 (5)
5,000
53819.6 sq. feet
- -
6
19.7 feet
- -
- -
- -
- -
(4)
Municipal facilities
P 0
- -
- -
- -
6
19.7 feet
- -
- -
- -
- -
(5)
Nurseries, greenhouses and garden
centres
D 3
- -
- -
- -
6
19.7 feet
- -
- -
- -
- -
(6)
Public works excluding sewage lagoons P 0
- -
- -
- -
6
19.7 feet
- -
- -
- -
- -
(7)
Sand and gravel operations
D 0
- -
5,000
53819.6 sq. feet
- -
6
19.7 feet
- -
- -
- -
- -
(8)
Sports fields, parks and playgrounds
P 0
- -
- -
- -
6
19.7 feet
- -
- -
- -
- -
(9)
Telecommunication towers
P 0
- -
- -
- -
6
19.7 feet
- -
- -
- -
- -
Use Designations:
(P) - Permitted Use: Any use or form of development, other than a discretionary use, specifically allowed in a zoning
district subject to the regulations contained in this zoning bylaw.
(D) - Discretionary Use: Any use or form of development that may be allowed in a zoning district following application
to, and approval of the Council; and which complies with the development standards, as required by Council, and
contained in this zoning bylaw.
Special limitations and standards regarding Table 7-9 and the FUD district:
(1)
where the site is serviced by a lane; otherwise 600 m2 (6458.4 feet)
(2)
where the site is serviced by a lane; otherwise 20.0 m (65.6 feet)
(3)
except for corner sites, where it shall be 3.0 m (9.8 feet) along the flanking street
Town of Foam Lake Zoning Bylaw
105
8
MAPS
2
13
5
17
20
13
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10
3
6
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V
7
10
34
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31
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G
Q
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30
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27
L
H
32
36
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22
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15
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18
16
5
2
2
10
1
4
10
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27
15
10
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18
30
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31
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W
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35
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25
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14
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13
1
8
10
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17
5
11
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10
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F
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7
6
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29
31
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B
16
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20
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16
1
4
1
10
7
5
3
8
9
11
13
7
7
7
3
6
5
7
11
2
3
1
1
14
B
4
20
21
17
16
13
8
2
5
4
1
16
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10
E
1
31
28
6
2
40
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10
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31
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29
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1
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2
25
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7
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14
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2
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8
11
22
E
21
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2
16
7
19
6
5
16
12
A
9
12
B
2
7
1
9
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1
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13
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19
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7
10
28
38
7
4
1
15
36
18
F
D
24
25
26
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3
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14
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1
3
11
16
12
19
9
6
7
6
9
12
26
14
16
30
29
Y
K
T
U
9
1
1
2
3
S
17
27
26
27
26
23
14
12
11
2
9
12
4
5
3
23
6
7
19
19
9
18
13
6
5
5
6
1
3
7
A
L
1
4
2
11
15
5
14
2
18
27
11
26
23
7
4
3
2
1
2
5
3
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7
5
21
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22
20
1
9
32
10
19
18
17
6
19
17
23
22
23
1
6
21
28
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3
9
2
4
18
2
16
7
8
4
5
1
11
15
4
5
12
6
2
11
1
13
1
A
2
10
23
22
12
11
A
B
18
4
8
10
15
2
14
15
4
7
8
5
2
25
28
1
8
37
11
15
39
41
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13
F
4
18
30
24
20
15
20
13
8
8
15
17
7
26
3
8
28
26
14
15
13
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2
4
7
7
G
3
11
6
14
7
8
1
3
1
4
2
13
14
17
D
17
F
22
23
8
18
4
4
3
2
9
3
14
16
15
8
9
2
15
11
35
7
25
21
5
6
5
2
4
10
2
32
1
2
2
3
11
2
6
1
9
2
19
8
9
10
12
2
3
3
2
12
C
24
20
6
17
5
7
2
12
4
29
27
5
30
34
21
4
3
14
16
17
19
11
14
20
A
P
14
4
19
29
25
21
11
6
4
14
16
9
22
1
18
24
11
1
11
12
19
22
1
2
12
14
23
5
9
10
20
9
D
13
16
9
8
3
6
14
11
26
29
1
X
13
17
3
5
2
8
4
12
10
4
15
17
16
37
12
8
C
5
20
26
24
9
6
9
19
11
14
12
2
15
1
10
11
4
4
7
6
14
1
2
9
1
4
10
2
12
15
7
21
13
14
15
A
8
3
9
6
3
13
6
23
9
16
6
21
43
26
M
33
2
9
7
10
12
13
20
21
23
24
4
5
7
33
17
12
23
22
30A
7
10
11
20
12
11
5
18
17
29
13
17
2
9
H
8
10
5
10
17
17
3
15
16
16
8
14
8
16
12
11
H
7
13
5
1
6
1
5
11
14
12
A
C
2
1
8
27
27
5
4
3
5
HWY 310
FRONTAGE
RD
PANAMA
AV
SASKATCHEWAN
AV
SOMERS
DR
ALBERTA
AV
MOORE
ST
ROYAL
ST
PANAMA
AV
MAIN
ST
CAMERON
ST
MCINTOSH
ST
MCINTOSH
ST
PANAMA
AV
BEAVER
RD
BROADWAY
ST
SERVICE
ST
SOMMERVILL
RD
CAMERON
ST
HWY 310
HWY 16
HWY 16
FRONTAGE
RD
SASKATCHEWAN
AV
QUEEN
ST
SASKATCHEWAN
AV
KING
ST
SASKATCHEWAN
AV
ROBERTSON
AV
BROADWAY
ST
BROADWAY
ST
RAILWAY
AV
ROBERTSON
AV
RAILWAY
AV
SASKATCHEWAN
AV
RAILWAY
AV
MCINTOSH
ST
SERVICE
ST
KNOBEL
BA
ALBERTA
AV
CHURCHILL
RD
FRONTAGE
RD
HWY 16
PANAMA
AV
ROBERTSON
AV
PRINCE
ST
PRINCE
ST
ZAYCHUK
BA
PANAMA
AV
RAILWAY
AV
ROYAL
ST
SASKATCHEWAN
AV
SASKATCHEWAN
AV
HWY 16
ALBERTA
AV
HWY 16
ALBERTA
AV
MCINTOSH
ST
ARMOUR
DR
LETWENUK
RD
KERELUKE
ST
QUEEN
ST
ROBERTSON
AV
KING
ST
CHANT
ST
CHANT
ST
ZAYCHUK
ST
BROADWAY
ST
RAILWAY
AV
ROBERTSON
AV
ROYAL
ST
RAILWAY
AV
MCINTOSH
ST
MCINTOSH
ST
SASKATCHEWAN
AV
ROBERTSON
AV
PIONEER
RD
BROADWAY
ST
MOORE
ST
ALBERTA
AV
FORGET
ST
ALBERTA
AV
HWY 310
CHANT
ST
PANAMA
AV
ALBERTA
AV
BRAY
AV
BROADWAY
ST
MOORE
ST
ROBERTSON
AV
FORGET
ST
FORGET
ST
PANAMA
AV
ROBERTSON
AV
ROBERTSON
AV
CAMERON
ST
BRAY
AV
RAILWAY
AV
ROBERTSON
AV
CHURCHILL
RD
SASKATCHEWAN
AV
BROADWAY
ST
HWY 16
ALBERTA
AV
ALBERTA
AV
KOZAR
AV
ROBERTSON
AV
CHANT
ST
PYSDEN
DR
ALBERTA
AV
BROADWAY
ST
SASKATCHEWAN
AV
SASKATCHEWAN
AV
MAIN
ST
BRAY
AV
RAILWAY
AV
PANAMA
AV
CAMERON
ST
SASKATCHEWAN
AV
RAILWAY
AV
KAYS
ST
MAIN
ST
CAMERON
ST
ROBERTSON
AV
HWY 16
CHANT
ST
YORK
ST
BROADWAY
ST
MOORE
ST
SASKATCHEWAN
AV
RAILWAY
AV
BRAY
AV
FORGET
ST
BRAY
AV
RAILWAY
AV
ROYAL
ST
MAIN
ST
CAMERON
ST
MCINTOSH
ST
RAILWAY
AV
SASKATCHEWAN
AV
HWY 310
LETWENUK
RD
SOMMERVILL
RD
SOMMERVILL
RD
ALBERTA
AV
SERVICE
ST
ROBERTSON
AV
PANAMA
AV
YORK
ST
PANAMA
AV
MOORE
ST
FORGET
ST
BRAY
AV
MAIN
ST
RAILWAY
AV
ROBERTSON
AV
PANAMA
AV
ARMOUR
DR
BRAY
AV
LOIS
ST
SASKATCHEWAN
AV
ROYAL
ST
MAIN
ST
MAIN
ST
HWY 16
MCINTOSH
ST
16
1
14
9
10
4
4
12
12
26
26
2
2
2
2
14
14
4
4
4
15
15
16B
16B
15
15
3
4
19
19
7
7
4
6
13
19
3
3
3
2
2
22
24
1
2
1
3
6
6
5
D
17
17
10
23
23
14
14
5
5
4
2
10
7
18
23
23
12
12
7
7
6
6
1
1
18
24
18
18
5
3
1
16
B
15
15
17
18
22
22
5
5
16A
16A
16A
24
13
13
16
17
17
24
24
1
1
1
6
11
25
5
7
B
2
8
8
5
5
3
3
3
11
11
11
11
24
16
16
21
21
4
20
R1
FUD
FUD
R1
FUD
FUD
FUD
RMH
RMH
C1
R1
R1
C1
M
M
R1
C2
M
R1
M
FUD
FUD
FUD
C2
M
C2
R1
CS
R1
C1
R1
R2
CS
R1
CS
PR
CS
M
R1
CS
R2
R2
0
50
125
250
500 m
LANDFILL
ZONING DISTRICT MAP
TOWN OF FOAM LAKE
SASKATCHEWAN
R1
ZONING DISTRICTS
R2
C1
C2
M
CS
PR
FUD
LOW DENSITY RESIDENTIAL
MEDIUM DENSITY RESIDENTIAL
MANUFACTURED HOME RESIDENTIAL
DOWNTOWN COMMERCIAL
HIGHWAY COMMERCIAL
INDUSTRIAL
COMMUNITY SERVICE
PARKS AND RECREATION
FUTURE URBAN DEVELOPMENT
POTENTIAL FLOOD PRONE AREAS
·
Potential flood areas are identified for general information
only. Subdivision and development proposals should be
evaluated by a Professional Engineer or Hydrologist to
determine peak water levels and safe building elevations.
·
Areas around existing water bodies and other low areas in
the Town that are not identified as potential flood prone areas
have no historical data available and may be flood prone.
RMH
Approved on the day of
.
Administrator
This is the Zoning District Map which
accompanies Bylaw Number
adopted by the Town of Foam Lake.
Mayor
PROJECT NO.
DATE
2019-01-31
CHA 16034
SHEET NO. 1/1
LAGOON