This is the exact embedded text of the captured official document.
Snapshot 127d826aec7f · verified 2026-06-13 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
RESORT VILLAGE OF
FORT SAN
ZONING BYLAW
Prepared For:
THE RESORT VILLAGE OF FORT SAN
Prepared By:
CROSBY HANNA & ASSOCIATES
LANDSCAPE ARCHITECTURE AND PLANNING
Saskatoon, SK
May 2009
The Resort Village of Fort San
Bylaw No. __________
A Bylaw of the Resort Village of Fort San to adopt a Zoning Bylaw.
The Council of the Resort Village of Fort San , 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 Resort
Village of Fort San hereby adopts the Resort Village of Fort San Zoning Bylaw, identified as
Schedule "A" to this Bylaw.
(2)
The Mayor and Resort Village Administrator are hereby authorized to sign and seal Schedule "A"
which is attached to and forms part of this Bylaw.
(3)
Bylaw No. , the Zoning Bylaw, and all amendments thereto, are hereby repealed.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 Municipal Affairs.
Read a First Time the
day of
,
Read a Second Time the
day of
,
Read a Third Time the
day of
,
Adoption of this Bylaw this day of
,
SEAL
(Mayor)
(Resort Village Administrator)
Certified a True Copy of the Bylaw adopted by Resolution of Council
On the day of , of the year
(signature) , (date)
A Commissioner for Oaths in the Province of Saskatchewan
My appointment expires
THE RESORT VILLAGE OF FORT SAN
ZONING BYLAW
Being Schedule "A" to Bylaw No.
of the Resort Village of Fort San
SEAL
(Mayor)
(Resort Village Administrator)
TABLE OF CONTENTS
SECTION 1
INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.1
TITLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.2
SCOPE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.3
SEVERABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
SECTION 2
INTERPRETATION
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
SECTION 3
ADMINISTRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
3.1
DEVELOPMENT OFFICER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
3.2
DEVELOPMENT PERMIT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
3.3
DEVELOPMENT PERMIT APPLICATION REQUIREMENTS . . . . . . . . . . . . . . . . 27
3.4
DEVELOPMENT PERMIT APPLICATION PROCESS . . . . . . . . . . . . . . . . . . . . . . . 27
3.5
DEVELOPMENT PERMIT APPLICATION FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
3.6
DEVELOPMENT APPEALS BOARD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
3.7
RIGHT OF APPEAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
3.8
MINOR VARIANCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
3.9
NON-CONFORMING USES, NON-CONFORMING BUILDINGS AND NON-
CONFORMING SITES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
3.10
DISCRETIONARY USE APPLICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
3.11
AMENDING THE ZONING BYLAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
3.12
OFFENSES AND PENALTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
SECTION 4
GENERAL REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
4.1
LICENCES, PERMITS AND COMPLIANCE WITH OTHER BYLAWS AND
LEGISLATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
4.2
BUILDING LINES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
4.3
NUMBER OF PRINCIPAL BUILDINGS PERMITTED ON A SITE . . . . . . . . . . . . . 36
4.4
HEIGHT RESTRICTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
4.5
VISIBILITY CLEARANCE AT INTERSECTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . 36
4.6
REQUIRED YARDS AND OPEN SPACE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
4.7
FENCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
4.8
ACCESSORY BUILDINGS AND STRUCTURES . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
4.9
OFF STREET PARKING AND LOADING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
4.10
SIGNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
4.11
HOME-BASED BUSINESSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
4.12
SPECIAL REGULATIONS AND STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
4.13
SERVICING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
4.14
STORAGE OF MATERIALS AND UNLICENSED OR INOPERATIVE MOTOR
VEHICLES IN RESIDENTIAL DISTRICTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
4.15
DEVELOPMENT ON HAZARD LANDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
4.16
BUILDINGS OR USES OCCUPYING MORE THAN ONE LOT . . . . . . . . . . . . . . . 59
4.17
EXISTING NONCONFORMING BUILDINGS AND SITES . . . . . . . . . . . . . . . . . . . 59
4.18
FRONTAGE ON ROAD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
4.19
BUILDING TO BE MOVED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
4.20
DEMOLITION OF BUILDINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
4.21
GRADING AND LEVELLING OF SITES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
4.22
GARAGE AND YARD SALES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
4.23
WATER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
SECTION 5
ZONING DISTRICTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
5.1
CLASSIFICATION OF ZONING DISTRICTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
5.2
THE ZONING DISTRICT MAP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
5.3
BOUNDARIES OF ZONING DISTRICTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
5.4
ZONING DISTRICTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
5.5
TRANSITIONAL ZONING PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
5.6
PROPERTIES WITH MORE THAN ONE ZONING DISTRICT . . . . . . . . . . . . . . . . 62
SECTION 6
DISTRICT SCHEDULES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
6.1
R1 - LOW DENSITY RESIDENTIAL DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
6.2
R2 - MEDIUM DENSITY RESIDENTIAL DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . 66
6.3
CS - COMMUNITY SERVICE DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
6.4
MU - MIXED USE DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
6.5
LR - LAKEFRONT RECREATIONAL DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
6.6
PR - PARKS AND RECREATION DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
6.7
FUD - FUTURE URBAN DEVELOPMENT DISTRICT . . . . . . . . . . . . . . . . . . . . . . 87
SECTION 7
MAPS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
LIST OF TABLES
TABLE 4-1
PARKING AND LOADING SPACE REQUIREMENTS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
TABLE 4-2
OFF-STREET PARKING REQUIREMENTS IN RESIDENTIAL AND COMMUNITY SERVICE DISTRICTS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
TABLE 4-3
OFF-STREET PARKING REQUIREMENTS IN THE MU - MIXED USE AND LR - LAKEFRONT
RECREATIONAL DISTRICT
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
TABLE 4-4
OFF-STREET PARKING REQUIREMENTS IN THE PR - PARKS AND RECREATION AND FUD -
FUTURE URBAN DEVELOPMENT DISTRICTS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
TABLE 4-5
SIGN REGULATIONS IN PARKS AND RECREATION, FUTURE URBAN DEVELOPMENT,
LAKEFRONT RECREATION, AND RESIDENTIAL DISTRICTS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
TABLE 4-6
SIGN REGULATIONS IN COMMUNITY SERVICE AND MIXED USE DISTRICTS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
TABLE 6-1
R1 - LOW DENSITY RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
TABLE 6-2
R2 - MEDIUM DENSITY RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
TABLE 6-3
CS - COMMUNITY SERVICES DISTRICT DEVELOPMENT STANDARDS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
TABLE 6-4
MU - MIXED USE DISTRICT DEVELOPMENT STANDARDS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
TABLE 6-5
LR -LAKEFRONT RECREATIONAL DISTRICT DEVELOPMENT STANDARDS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
TABLE 6-6
PR - PARKS AND RECREATION DISTRICT DEVELOPMENT STANDARDS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
TABLE 6-7
FUD - FUTURE USE DEVELOPMENT DISTRICT DEVELOPMENT STANDARDS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
LIST OF FIGURES
FIGURE 2-1 - INTERPRETATION OF BUILDING HEIGHT MEASUREMENTS . . . . . . . . . . . . . . . . . . . . . . . . 8
FIGURE 2-2 - CALCULATION OF SIGN FACE AREA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
FIGURE 2-3 - SIGHT TRIANGLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
FIGURE 2-4 (a) - ILLUSTRATION OF AWNING SIGN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
FIGURE 2-4 (b) - ILLUSTRATION OF A CANOPY SIGN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
FIGURE 2-4 (c) - ILLUSTRATION OF PORTABLE SIGN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
FIGURE 2-4 (d) - ILLUSTRATION OF PROJECTION SIGN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
FIGURE 2-5 - ILLUSTRATION OF SITE DEFINITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
FIGURE 2-6 - ILLUSTRATION OF SITE WIDTH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
1
Section 1 Introduction
Under the authority of The Planning and Development Act, 2007, and Bylaw No. , the Official
Community Plan of the Resort Village of Fort San, the Council of the Resort Village of Fort San 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 Resort Village of Fort San.
1.2
SCOPE
Development shall be permitted within the limits of the Resort Village of Fort San only when in
conformity with the provisions of this Bylaw subject to the right of appeal provisions of the Act.
1.3
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
Section 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:
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.
Administrator - Shall mean the Administrator of the Resort Village of Fort San.
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 daycare with more than five persons under supervision at
any one time.
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 Regional 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.
Apartment House - Shall mean a building divided into three (3) or more dwelling units as herein defined,
each of which is occupied or intended to be occupied as a permanent home or residence, as distinct from a
hotel or motel.
Bare Land Condominium - Shall mean a condominium divided into bare land units as defined in The
Condominium Property Act, 1993.
Bare Land Unit - Shall mean a bare land unit as defined within The Condominium Property Act.
3
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 accommodation and one meal per day
to members of the general public, for periods of one week 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.
Building - Shall mean a structure constructed or placed on, in or over land but does not include a public
highway.
Building Bylaw - Shall mean any Bylaw of the Resort Village of Fort San 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 faces the front site line.
Building Height - Shall mean the vertical distance of a building or structure measured from the lot's average
grade level to the highest point of the building or structure.
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 Resort Village of Fort San
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 building
and production thereof excluding permitted obstructions which faces 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 faces the side site line.
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 internment of the dead and may include facilities for the storage
of ashes of human remains that have been cremated.
4
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.
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 Resort Village of Fort San.
Cultural Institution - Shall mean an establishment such as a museum, art gallery, library and similar
facilities of historical, educational or cultural interest.
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 five.
Day Care Centre - Shall mean a facility for the non-parental care of over four (4) preschool age children on
a daily basis and licensed under The Child Care Act.
Deck - Shall mean a raised open platform, with or without rails, attached to a principal building
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
5
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, 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 houses but not hotels, or motels.
Dwelling, Semi-Detached - Shall mean a dwelling unit 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 mobile home or modular home as herein defined.
Dwelling, Street Townhouse - Shall mean a dwelling unit on its own site, attached to two or more other
dwelling units, each on their own sites, with a common wall dividing the dwelling units throughout at least
40% of the depth of the entire structure, measured from the front to the rear building lines.
Dwelling, Two-Unit - Shall mean a detached building divided into two dwelling units.
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 and kitchen tables and chairs.
Educational Institution - Shall mean a post-secondary college, university or technical institution, but shall
not include a private school.
Efficiency Unit - Shall mean a dwelling unit in a multiple unit dwelling that contains no bedroom separate
from a living room or living-dining room.
Estimated Peak Water Level (EPWL) - the EPWL is the calculated water level used to determine the flood
hazard area. It is based on the 1:500 peak flow for rivers, and the higher of the 1:500 peak calm level or the
1:100 peak calm level with a 1:5 wind from the most critical direction for most lakes.
Face Area, Sign - Shall mean the area of the single face of any sign and is calculated using the illustration
in Figure 2-2.
Face Area, Total Sign - Shall mean the total amount of sign face area on a sign including all sides.
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.
6
Flood Fringe - a zone defined by municipal bylaw within the flood hazard area where some types of
development may occur if suitably flood-proofed. The Flood Fringe is typically defined as that portion of
the flood hazard area where:
(a)
Depth of inundation above natural ground is less than 1.0 metre;
(b)
Flow velocities are less than 1.0 metre per second; and,
(c)
Encroachment (fill) into the Flood Fringe would raise upstream water levels by less than 0.3 metre.
Flood Proofing - techniques or measures taken to permanently protect a structure or development from flood
damage. These can include measures such as elevating building (eg. building on fill or piers), constructing
dykes, creating upstream storage, diversions, and channelization.
Floodway - a zone defined by municipal bylaw within the flood hazard area where typically only necessary
infrastructure is allowed (eg. water intakes and outfalls, bridge piers and abutments, etc) or development that
is of low value and non-obstructive (eg. parks, nature areas, parking lots, and recreational trails). The
Floodway contains the deepest, fastest, and most destructive floodwaters and is typically defined as that
portion of the flood hazard area where:
(a)
Depth of inundation above natural ground is more than 1.0 meter;
(b)
Flow velocities are greater than 1.0 meters per second; or
(c)
Encroachment (fill) into the Floodway would raise upstream water levels by more than 0.3 m.
Flood Hazard Area - the flood hazard area is the area below the EPWL. In municipalities with flood zoning
bylaws, the flood hazard area has two zones; the Flood Fringe and the Floodway.
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, porch, sunroom, 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 shorter of the
sides is the frontage.
Fuel Storage Tank, Above Ground - Shall mean a storage tank, any portion of which is above grade and
containing gasoline, diesel fuel, or propane for retail sale or dispensing into motor vehicles.
Garage Suite - Shall mean a development consisting of a self - contained dwelling located above or attached
to a rear detached garage which is accessory to a single detached dwelling. A garage suite has cooking, food
preparation, sleeping and bathing facilities which are separate from those of the principal dwelling on the site.
The entrance to a garage suite is separate from the detached garage, via a common indoor landing or directly
from the exterior of the structure.
Garage, Private - Shall mean a garage used for storage purposes only, where no business, occupation or
service is conducted for gain, other than an approved home based business, and in which no space is rented
for commercial vehicles to 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 painting, body work and major repairs.
7
Garage, Storage - Shall mean a garage exclusively used for the storage of motor vehicles and where no
repair facilities are maintained.
Gas Bar - Shall mean a building or facility used for the retail sale of motor vehicle fuels from fixed pumps.
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.
Hazard Land - Shall mean land which is subject to flooding, ponding, subsidence, landslides or erosion.
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, liquified or dissolved under pressure;
(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.
Home Based Business - Type I - Shall mean a home based business owned and operated by a resident or
residents of the dwelling unit.
Home Based Business - Type II - Shall mean a home based business owned and operated by a resident or
residents of the dwelling unit, but where no more than one non-resident person may be employed on the 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.
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.
BUILDING
SIGN
GRADE LEVEL
a
FIGURE 2-2: Calculation of Sign Face Area
SIGN
b
a
b
sign face area = a x b
10
Kennel, Boarding - Shall mean the temporary accommodation of dogs, cats or other domestic animals for
commercial purposes.
Kennel, Breeding - Shall mean the keeping of more than four dogs, cats or other domestic animals, male and
female, and which are more than 12 months old, for breeding 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.
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, jewellery, instruments,
computers, electronic devices.
Linear Park - Shall mean dedicated land developed in a linear fashion, between 15 and 35 metres in width,
intended to facilitate pedestrian and cycling transportation, and may also facilitate the management of storm
water.
Loading Space - Shall mean a space, measuring at least 3.0 metres in width and 7.5 metres 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.
Mall - Shall mean a single story commercial building in which, up to six (6) permitted or discretionary
commercial uses are located together for their mutual benefit, each use having a separate entrance to the
outside.
Marina - Shall mean a building, structure or place, containing docking facilities and located on a waterway,
where boats and/or boat accessories are stored, serviced, repaired or kept for sale and where facilities for the
sale of marine fuels and lubricants may be provided.
Mayor - Shall mean the Mayor of the Resort Village of Fort San.
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.
Membrane Covered Structures - Shall mean a structure consisting of a frame that is covered with a plastic,
fabric, canvas or similar non-permanent material, which is used to provide storage for vehicles, boats,
recreational vehicles, or other personal property. The term shall also apply to structures also commonly
known as hoop houses, canopy covered carports, tent garages and can be fully or partially covered, but does
not include gazebos.
11
Minister - Shall mean the member of the Executive Council to whom, for the time being, is assigned the
administration of The Planning and Development Act, 2007.
Mobile Home - Shall mean a trailer coach:
(a)
that is used as a dwelling all year round;
(b)
that has water faucets and shower or other bathing facilities that may be connected to a water
distribution system;
(c)
that has facilities for washing and a water closet or other similar facility that may be connected to a
sewage system; and,
(d)
that conforms to Canadian Standards Association, Construction Standard No.
Z240.2.1-1979 and amendments thereto.
Mobile. Home Court - Shall mean any parcel of land on which two or more occupied mobile homes are
located and includes any structure used or intended to be used as part of the equipment of such mobile home
court.
Mobile Home, Double Wide - Shall mean a mobile home consisting of two sections, separately towable, but
designed to be joined together into one building.
Mobile Home, Single Wide - Shall mean a mobile home designed to be towed as a single load and less than
6.09 metres wide.
Mobile Home Site - Shall mean an area of land in a mobile home court for the placement of a mobile home.
Mobile Home Subdivision - Shall mean any residential subdivision of land containing lots under either
freehold or leasehold tenure for the purpose of accommodating mobile homes in such a manner that each
mobile home is situated on its own lot and in which all such lots, public open spaces, internal streets and
lanes, buffer zones and other amenity areas form a contiguous area of development.
Modular Unit - Shall mean a factory built frame or shell which comprises supporting and non-supporting
walls, siding and other components of a prefabricated home representing only a section of a dwelling and has
neither chassis, running gear nor its own wheels.
Modular Home - Shall mean a factory built home that is manufactured on as a whole or modular unit and
is designed to be moved on removable chassis to be used as a one unit dwelling, and is certified by the
manufacturer that it complies with the Canadian Standards Association Code CSA - A277 standard.
Modular Home, Single Wide - Shall mean a modular home that is designed to be moved and placed onto a
permanent foundation as a whole unit in a single load and which is less than 5 metres in width.
Modular Home, Double Wide - Shall mean a modular home that is designed to be moved and placed onto
a permanent foundation in two or more modular units that, when joined together exceed 8 metres in width.
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.
12
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;
(c)
Recreation; and/or
(d)
Other institutional purposes.
Municipality - Shall mean the Resort Village of Fort San.
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
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 amendment 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 Resort Village of Fort San.
Parking Lot - Shall mean an open area of land, other than a street, used for the temporary parking of more
than four vehicles and available for public use whether free, for charge, or for accommodation of clients or
customers.
Parking, Off-Street - Shall mean accommodation for the parking of vehicles off a public street or lane.
13
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 wide by 6.7
metres deep with direct lane access; 3.0 metres wide by 6.7 metres deep for a parallel space; and 2.7 metres
wide by 6.0 metres deep for all other.
Permitted Use - Shall mean any use or form of development, other than a discretionary 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 Shops - Shall mean establishments engaged in providing the care of a person or their
apparel, which include barber shops, hairstyle salons, laundries, dry cleaners, shoe repair, photographic
studios and other similar uses.
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.
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 for a fee.
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.
Recreation 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.
14
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 allowed at a recycling collection depot:
(a)
processing of recyclable material other than compaction;
(b)
collection and storage of paints, oil, solvents or other hazardous material(s); nor,
(c)
outdoor compaction.
Residential Care Facility - Shall mean a licensed or approved group care facility 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 facility in which the number of residents,
excluding staff, does not exceed four.
Residential Care Facility - Type II - Shall mean a residential care facility 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 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.
Rooming House - Shall mean a building that contains more than one rooming unit, including a boarding or
lodging house.
Rooming Unit - Shall mean a room or rooms for accommodation, other than a dwelling unit or other form
of accommodation defined elsewhere defined elsewhere in this Bylaw, with sleeping facilities but without
private toilet facilities.
Safe Building Elevation (SBE) - the SBE is level defined by Municipal Affairs at time of subdivision and
by municipal bylaw to which flood-proofing must be done for developments in the flood hazard area. The
SBE is calculated as the EPWL plus a freeboard value. The freeboard allows for uncertainties in the
calculations, and for other possible hazards such as ice shove, ice jams, and erosion. The Saskatchewan
Watershed Authority usually recommends a freeboard of 0.5 m for most situations. For dykes used as flood-
proofing, a freeboard of 0.6 m is usually recommended. In areas with high uncertainty in the hydrology or
hydraulic response of the lake or river, a freeboard of up to 1.0 m may be recommended.
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.
15
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.
Shopping Centre - Shall mean a building, or group of buildings, located on the same site and managed as
a single unit, in which individual spaces are leased to permitted or discretionary commercial uses for their
mutual benefit, including the use of off-street parking and other joint facilities.
Sight Triangle - Shall mean the triangular area formed, on corner sites, by the intersecting front and side site
lines at a street intersection and the straight line joining said site lines at points which are a measured distance
along said site lines (refer to Figure 2-3).
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 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 2-4 (a)).
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 2-4 (b)).
Sign, Directional / Information - Shall mean a sign giving directions, instructions or facility information
but not including any advertising copy.
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 from such building or structure.
Sign, Free-Standing - Shall mean a non-movable sign, not affixed to a building, and which is supported by
a pole or similar structure.
Sign, Marquee - Shall mean a sign that is mounted or painted on, or attached to an awning, canopy or
marquee.
Sign, Portable - Shall mean a portable, free-standing sign, mounted on a wide based frame, with a single sign
face area no greater than 6.0 m2, which can be readily moved or transported to various locations (refer to
Figure 2-4 (c)).
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 beyond the wall of the building (refer to Figure 2-4 (d)).
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.
7.6 m
7.6 m
FRONT SITE LINE
STREET
SIDE SITE LINE
STREET
SIGHT
TRIANGLE
FIGURE 2-3: Sight Triangle
sign message
sign message
AWNING SIGN
FIGURE 2-4(a): Illustration of Awning Sign
sign message
sign message
CANOPY SIGN
FIGURE 2-4(b): Illustration of a Canopy Sign
PORTABLE SIGN
maximum sign face
area = 6m²
PORTABLE SIGN
maximum sign face
area = 6m²
FIGURE 2-4(c): Illustration of Portable Signs
BUILDING
SIGN
GRADE LEVEL
Greater than
0.25 m
FIGURE 2-4(d): Illustration of a
Projecting Sign
21
Sign, Portable - Shall mean a portable, free-standing sign, mounted on a wide based frame, with a single sign
face area no greater than 6.0 m2, which can be readily moved or transported to various locations (refer to
Figure 2-4(c)).
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 beyond the wall of the building (refer to Figure 2-4(d)).
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.
Sign, Portable - Shall mean a portable, free-standing sign, mounted on a wide based frame, with a single sign
face area no greater than 6.0 m2, which can be readily moved or transported to various locations (refer to
Figure 2-4(c)).
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 beyond the wall of the building (refer to Figure 2-4(d)).
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.
Sign, Temporary - Shall mean a removable sign erected for a period of time not exceeding six months.
Site - Shall mean one or more contiguous lots under one ownership and used, or intended to be used, by a
single principal use or principal building.
Site, Corner - Shall mean a site at the intersection of two or more streets (refer to Figure 2-5).
Site, Interior - Shall mean a site other than a corner site.
Site Coverage - Shall mean that portion of the site that is covered by principal and accessory buildings.
Site Line, Front - Shall mean the line that divides the site from the street. 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.
Site Line, Rear - Shall mean the line at the rear of the site and opposite the front site line.
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 streets more or
less parallel (refer to Figure 2-5).
Site Width - Shall mean for rectangular sites, the horizontal distance between the side boundaries of the site
measured along the front site line. For non-rectangular sites, the average of the horizontal distances between
the side boundaries of the site measured along the front and rear site lines (refer to Figure 2-6).
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.
Corner Site
Corner Site
Through Site
Interior Site
Interior Site
Interior Site
Interior Site
Corner Site
Corner Site
STREET
STREET
STREET
STREET
FIGURE 2-5: Illustration of Site Definition
b
EXTERIOR SIDE LOT LINE
INTERIOR SIDE LOT LINE
FRONT LOT LINE
Site Width = a
EXTERIOR SIDE LOT LINE PROJECTED
INTERIOR SIDE LOT LINE
FRONT LOT LINE
SIDE LOT LINE
SIDE LOT LINE
FRONT
SIDE LOT LINE
SIDE LOT LINE
SIDE LOT LINE
SIDE LOT LINE
FRONT LOT LINE
a
a
a
a
a
a
SIDE LOT LINE
SIDE LOT LINE
FRONT LOT LINE
FRONT LOT LINE
SIDE LOT LINE
SIDE LOT LINE
a
Site Width = a
Site Width = a
Site Width = a + b
2
Site Width = a
Site Width = a + b
2
Site Width = a
2
FIGURE 2-6: Illustrations of Site Width
b
L
O
T
L
I
N
E
24
Street - Shall mean a public thoroughfare which affords the principal means of access to the abutting
property.
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.
Tavern - 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 no entertainment or dance floor is permitted.
Temporary Building - Shall mean a building under 34 square metres in floor area without a foundation or
footing, and that is to be removed upon expiration of a designated time period.
Temporary Use - Shall mean a use established for a fixed period of time and that is to be discontinued upon
the expiration of the time period specified for that use.
Terrace - Shall mean a level, artificially surfaced area adjacent to a principal building, not covered by a roof,
at or within 0.6 metres of the finished grade; including patios.
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.
Trailer Coach - Shall mean any vehicle used or constructed in such a way as to enable it to be used as a
conveyance upon public streets or highways and includes a self-propelled or non-self-propelled vehicle
designed, constructed or reconstructed in such a manner as to permit the occupancy thereof as a dwelling or
sleeping place for one or more persons notwithstanding that its running gear is removed or that it is jacked
up.
Use - Shall mean the purpose or activity for which a piece of land, or its building is designed, arranged,
intended, occupied or maintained.
Use, General Industrial - Shall mean any of the following activities:
(a)
the processing of raw or finished materials;
(b)
the manufacturing of 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 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 transshipping 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.
25
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.
Village - Shall mean the Resort Village of Fort San.
Warehouse - Shall mean a building used primarily for the storage of goods and materials.
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.
26
Section 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 Administrator of the Resort Village of Fort San and
any other person authorized, in writing, by the Administrator to act as a Development Officer
for the purposes of this Bylaw and The Act.
3.2
DEVELOPMENT PERMIT
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 for the following, but all other applicable provisions
of this Bylaw are to be followed for:
(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 square metres; and,
(6)
fences.
3.2.3
If the development or use authorized by a development permit is not completed within
twenty-four months of its issue, the permit is deemed void unless an extension to the
approval period has been granted.
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.
3.2.5
An application for a development permit shall be processed concurrently with an application
for a sign permit. The development permit shall take the form of a stamp affixed to the
required sign permit.
27
3.3
DEVELOPMENT PERMIT APPLICATION REQUIREMENTS
3.3.1
Except in the case of applications for a sign permit, a portable sign license or 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
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.
(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.
3.3.2
The Development Officer may require the submission of documentation relating to the
requirements of Section 4.15, 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.
28
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;
(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; and/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 PERMIT APPLICATION FEES
3.5.1
An applicant seeking the approval of a development permit application shall pay a fee of
$25.00.
3.5.2
There shall be no development permit application fee for sign permits. Sign permit fees are
set out in Section 4.10.4.
3.6
DEVELOPMENT APPEALS BOARD
3.6.1
A Development Appeals Board of the Resort Village of Fort San shall be appointed in
accordance with Sections 213 to 227 of The Act.
3.7
RIGHT OF APPEAL
3.7.1
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 Resort Village of
Fort San.
29
3.7.2
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 Resort Village of Fort San.
3.7.3
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.
3.7.4
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 3.7.2 as though the application had been refused at the end
of the period specified in this subsection.
3.7.5
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 a sum of not more than
$50.00 that the Board may specify to be applied to the expenses of the appeal.
3.8
MINOR VARIANCES
3.8.1
The Development Officer may grant a variance of up to 10% of any yard requirement or
minimum required distances between buildings for a use that is a permitted or discretionary
use as specified in this Bylaw. All such variances shall be subject to the conditions and
granted in accordance with the procedures contained in Section 60 of The Act.
3.8.2
The Development Officer shall maintain a registry of the location and all relevant details of
the granting of such variances.
3.8.3
An application for a minor variance shall be in a form prescribed by the Development
Officer and shall be accompanied by an application fee of $50.00.
3.9
NON-CONFORMING USES, NON-CONFORMING BUILDINGS AND NON-
CONFORMING SITES
3.9.1
Non-conforming uses, non-conforming buildings and non-conforming sites shall be subject
to Sections 88 - 93 inclusive of The Act.
3.9.2
No existing building, site or use shall be deemed to be non-conforming by reason only of the
conversion from the Imperial System of Measurement to the International System of Units
(S.I.) where such nonconformity results solely from such conversion and is reasonably
equivalent to the S.I. standard herein established.
30
3.10
DISCRETIONARY USE APPLICATIONS
3.10.1 Discretionary Use Application Fees
(1)
An applicant seeking a discretionary use approval shall pay the following fees:
(a)
an application fee of $50.00 (for a discretionary principal use); and,
(b)
when a public hearing is held respecting the application, the costs of
advertising associated with the application.
The application fees referred to in (a) and (b) above relate to application for both
discretionary use approval and issuance of a development permit.
(2)
An applicant seeking the renewal of a discretionary use that was previously
approved by Council for a limited time shall pay the following fees:
(a)
an application fee of $50.00; and,
(b)
when a public hearing is held respecting the application, the costs of
advertising associated with the application.
3.10.2 Discretionary Use Application Process
(1)
Application Procedure:
(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 and public hearing
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 recommendations that conditions be applied to an approval.
(e)
The Development Officer will set a date for the meeting at which the
application will be considered by Council and will give notice by ordinary
mail to all assessed owners of property within Village boundaries. The
Development Officer will prepare on-site notification posters which must
be placed on the site by the applicant and must remain on the site until the
application is considered by Council.
31
(f)
Council shall consider the application together with the report of the
Development Officer, and any written or verbal submissions received by
Council.
(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.
(2)
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 properties;
(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 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; and/or,
(g)
the size, shape and arrangement of buildings, and the placement and
arrangement of lighting and signs.
(3)
Council's approval of a discretionary use application is valid for a period of two
years from the date of the approval. An approval shall be deemed to be invalid if
the proposed use or proposed form of development has not commenced within that
time or if the Council determines ,within the two year approval period, that the
proposed development is not proceeding in accordance with the terms and
conditions of its approval. The Development Officer shall advise the applicant when
an approval is no longer valid and shall revoke the associated development permit.
(4)
If an approved discretionary use or form of development ceases to operate for a
period of six (6) months or more, the discretionary use approval shall no longer be
valid. The Development Officer shall advise the owner and Council when a prior
approval is no longer valid.
32
3.10.3 General Discretionary Use Evaluation Criteria
Council will apply the following general criteria and where applicable the use specific
criteria in Section 3.10.4 in the assessment of the suitability of an application for a
discretionary use or discretionary form of development.
(1)
The proposal must be in conformance with all relevant sections of the 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.
(2)
The proposal must be capable of being economically serviced by community
infrastructure including roadways, water and sewer services, solid waste disposal,
parks, schools, and other utilities and community facilities.
(3)
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.
(4)
The proposal must provide sufficient landscaping and screening, and, wherever
possible, shall preserve existing vegetation.
(5)
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.
(6)
Consideration will be given to the presence of activities already located in the area
and on the site, and their effect on the surrounding residential environment, such as
the cumulative effect of locating an activity on a site adjacent to or already
accommodating an activity that may currently generate traffic, noise, etc. not in
keeping with the character of the adjacent area.
(7)
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.
(8)
All operations shall comply with all regulations of Saskatchewan Environment and
Saskatchewan Labour which govern their operation and development.
(9)
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.
33
3.10.4 Use Specific Discretionary Use Evaluation Criteria
The Council shall 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)
Community Service Uses, Public and Commercial Recreation Facilities:
a)
Schools 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 a major road network to avoid heavy
traffic volumes on residential access roads;
(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; and,
(e)
Vehicle car parking and access areas should not form a dominant element
in the streetscape.
(2)
Dwelling Groups:
(a)
All parking areas, private garages or vehicular access to units or sites within
a dwelling group should be from a roadway which is common property
internal to the parcel; and,
(b)
All 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.
(c)
The suitability of a proposal will be considered with respect to:
i)
the capacity of the adjoining street system to handle the size and
location of the development. The development will not cause
excessive traffic to pass through adjoining low density residential
development;
ii)
the density of a dwelling group and building separations will be
consistent with similar residential structures on separate subdivided
parcels; and,
iii)
bareland condominium proposals for dwelling groups will only be
considered if there is provision for adequate common property on
the parcel.
34
(3)
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 main floor; and,
(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)
an appropriate size and quality of proposed dwelling units.
3.11
AMENDING THE ZONING BYLAW
3.11.1 Zoning Bylaw Amendment Application Fees
(1)
Council shall give notice of its intention to consider a Zoning Bylaw amendment
pursuant to the provisions of Sections 207 to 211 of The Act.
(2)
An applicant seeking amendment to the Zoning Bylaw shall pay the following fees:
(a)
The costs of advertising associated with the application.
(b)
The following fees, where applicable:
i)
Text amendments: $200
ii)
Map amendments:
Class 1 Districts: PR, FUD, CS
Class 2 Districts: MU, LR
Class 3 Districts: R1, R2
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
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 a text amendment, if applicable.
35
3.11.2 Special Provisions for Contract Zoning Agreements
(1)
A zoning designation which is subject to an agreement entered into pursuant to the
provisions 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
OFFENSES AND PENALTIES
Any person who violates this Bylaw is guilty of an offence and liable on summary conviction to the
penalties set forth in The Act.
36
Section 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 and 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, health care clinics, 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 spires, belfries, cupolas, antennae, or other
appurtenances usually required to be placed above the roof level, and not intended for human
occupancy.
4.5
VISIBILITY CLEARANCE AT INTERSECTIONS
On a corner lot, in any residential district, nothing shall be erected, placed, planted, or allowed to
grow so as to obscure vision at a height of 1 metre or greater above the elevation of the centre of the
abutting street within a triangular area formed by the intersecting lot lines abutting the streets and a
straight line joining said lot lines at points 4.5 metres distant from the intersection of the lot lines.
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.
37
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:
(1)
In all yards: steps or ramps of 1.6 metres or less above grade level which are
necessary for access to a permitted building or for access to a site from a street or
lane; trees; shrubs; walks; uncovered driveways; fences; trellises; flag poles and
wheelchair ramps.
(2)
In front yards:
(a)
Overhanging eaves and gutters projecting not more than 1 metre;
(b)
Lighting fixtures, lamp posts, raised patios, decks, canopies or balconies
having a projection of not more than 1.8 metres; and,
(c)
Sills, belt cornices, pilasters or other similar vertical columns, cornices and
chimneys, bay windows, bow windows or other projecting windows,
projecting not more than 0.6 metres.
(3)
In rear yards:
(a)
Raised patios and decks measuring more than 0.6 metres in height above
grade, and canopies and balconies provided they do not project to within 3
metres of the rear site line;
(b)
Raised patios, terraces and decks measuring 0.6 metres or less in height
above grade, having a projection of not more than 3 metres;
(c)
Overhanging eaves and gutters, sills, belt courses, pilasters or other similar
vertical columns, cornices and chimneys, bay windows, bow windows or
other projecting windows, projecting not more than 1 metre into the yard;
(d)
On interior sites, enclosed private swimming pools when attached to the
principal building, projecting not more than 3 metres into the yard; and,
(e)
Laundry drying equipment, recreational equipment, garbage stands and
private swimming pools and tennis courts when open to the sky.
(4)
In side yards:
(a)
Raised patios, terraces and decks measuring 0.6 metres or less in height
above grade;
(b)
Raised patios and decks measuring more than 0.6 metres in height above
grade and canopies and balconies provided they do not project more than
1.2 metres into the required yard;
38
(c)
Sills, belt courses, pilasters or other similar vertical columns, cornices,
eaves and chimneys, bay windows, bow windows or other projecting
windows, projecting not more than 0.6 metres into the yard; and,
(d)
Laundry drying equipment, recreational equipment, garbage stands and
private swimming pools and tennis courts when open to the sky.
4.7
FENCES
4.7.1
No wall, fence or other structure not otherwise permitted shall be erected in a required front
yard or on a site line adjacent to a required front yard to a height of more than 1.0 metres
above grade level.
4.7.2
No wall, fence, screen or similar structure, excepting permitted accessory buildings, shall be
erected in a required side or rear yard, or on a site line adjacent to a required side or rear
yard, to a height of more than 2.0 metres above grade level.
4.7.3
Paragraphs 4.7.1 and 4.7.2 (above) do not apply in MU or FUD Districts, except that in the
case of a corner site, no wall, fence, screen, hedge or other structure shall be placed so as to
create a visual obstruction in an established intersection sight triangle.
4.8
ACCESSORY BUILDINGS AND STRUCTURES
4.8.1
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.
4.8.2
Time of Construction
Accessory buildings shall not be constructed or placed on any site prior to the construction
of the principal building except in the following cases:
(1)
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.
4.8.3
Height of Accessory Buildings
(1)
In any, Community Service, Mixed Use, Parks and Recreation or Future 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 and in no case shall the height of an accessory building exceed
5 metres.
39
4.8.4
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 zoning district only one detached garage, not
exceeding 100 square metres in area, subject to Sections 4.8.5 and 4.8.6 (below), is
allowed.
(3)
Except when conforming with established building lines, no main door of a garage
which faces a road shall be within 6.0 metres of the front site line faced by the door.
(4)
Except when conforming with established building lines, no main door of a garage
which faces a road shall be within 3.0 metres of the side site line faced by the door.
4.8.5
Location and Size of Accessory Buildings
(including private garages, carports and guest houses)
(1)
Detached accessory buildings in all Residential Districts are subject to the following
regulations:
(a)
Yard, side: except as provided for in Section 4.8.4(4), minimum - 0.6
metres where the accessory building is over 1.8 metres behind the rear wall
of the principle building, otherwise 1.2 metres;
(b)
Accessory buildings located in a required rear yard shall not occupy more
than forty (40) per cent of the required rear yard, and shall not obstruct
access to any lane; and,
(c)
Detached accessory buildings shall be located at least one metre from the
principal building.
4.8.6
Number of Accessory Buildings
In any Residential District, there shall be no more than three (3) accessory buildings on a
site.
4.8.7
Satellite Dishes, Solar Collectors and Wind Generators
(a)
Satellite Dishes and Solar Collectors
The installation and operation of a free standing satellite dish, solar collector, and
their supporting structures shall be permitted in all zoning districts, subject to the
following:
40
i)
In any District such structures shall not be located in any front yard, side
yard and in the case of a corner site, in any portion of the rear yard which
is within three (3) metres of the side property line adjacent to a flanking
street unless it is screened from the flanking street to the satisfaction of the
Development Officer;
ii)
In any District such structures, if freestanding, shall not exceed a height of
ten (10) metres above grade level;
iii)
In any District such structures if attached to a principal building, shall not
exceed a height of ten (10) metres above the lowest elevation of: roof
surface of a flat roof; the decking of a mansard roof; and the eaves of a
gable, hip or gambrel roof; and,
iv)
In any District such structures, if attached to or erected upon an accessory
building, shall not exceed the maximum permitted height of the accessory
building upon which such structure is attached or erected.
(b)
Wind Generators / Turbines
i)
Wind generators and/or wind turbines are limited in all zones and districts
to a maximum height of fifteen (15) metres from the ground. This is to be
measured from the furthest point from the ground and includes all supports,
towers or structures which raise and/or support them.
ii)
Wind generators and/or wind turbines require a development permit which
will not be considered until the developer of the wind turbine can prove to
the satisfaction of the Development Officer, by the validation of a structural
professional or by meeting certified manufacturing specifications, that the
development is structurally sound.
iii)
Wind chargers and wind turbines are not permitted in the area designated
in the Official Community Plan as the Lakefront Recreational District.
4.8.8
Permanent Membrane Covered Structures
(a)
In all residential and mixed use districts anchored membrane covered structures up
to 18.5m2 are allowed.
4.8.9
Temporary Membrane Covered Structures
(a)
In any district, temporary membrane covered structures shall be allowed for a period
not to exceed seven (7) days in a calendar year.
41
4.9
OFF STREET PARKING AND LOADING
4.9.1
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)
All required parking facilities shall be located on the same site as the principal
building or use.
(5)
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.
4.9.2
Payment in Lieu of Required Off Street Parking Facilities
(1)
Council may exempt any applicant for a use permitted in the MU - Mixed Use
District from the requirement of providing off-street parking facilities where, in lieu
thereof, the applicant 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 $2,000.00.
(2)
The payment of or agreement to pay such sums of money shall be subject to such
terms and conditions as Council may determine.
4.9.3
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 or egress, commercial repair work, display, signage, sale
or storage of goods of any kind.
42
(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)
Where warranted, on-site traffic signs shall be provided;
(c)
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;
(d)
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 following minimum dimensions:
TABLE 4-1
PARKING AND LOADING SPACE REQUIREMENTS
Type of Space
Minimum Dimensions
Minimum Vertical Clearance
Parking spaces having direct access to a
registered lane
2.7 by 6.7 m
2.0 m
Parallel parking spaces
3.0 by 6.7 m
2.0 m
Parking spaces other than those
described above
2.7 by 6.0 m
2.0 m
Loading space
3.0 by 7.5 m
4.0 m
(e)
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 (two-way traffic)
50 to 74
5.5 metres (two-way traffic)
49 or less
3.7 metres (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;
(f)
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;
43
(g)
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; and,
(h)
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.
4.9.4
Required Off Street Parking and Loading in Residential and Community Service
Districts
(1)
The minimum off street parking requirements for all Residential and the Community
Service Districts are set out in Table 4-2.
(2)
In all R - Residential Districts, required off-street parking shall not be located in any
required front yard.
(3)
Each non-residential principal building with a building floor area greater than 500m2
shall provide one off-street loading space.
4.9.5
Required Off Street Parking and Loading in the Mixed Use and Lakefront
Recreational Districts
(1)
The minimum off street parking requirements for the Mixed Use and Lakefront
Recreational Districts are set out in Table 4-3.
(2)
In the Mixed Use and Lakefront Recreational Districts, required off-street parking
for residential uses shall not be located in any required front yard.
(3)
Each non-residential principal building with a building floor area greater than 500m2
shall provide one off-street loading space.
4.9.6
Required Off Street Parking and Loading in Parks and Recreation and Future Urban
Development Districts
(1)
The minimum off street parking requirements for all Parks and Recreation and
Future Urban Development Districts are set out in Table 4-4.
(2)
Each non-residential principal building with a building floor area greater than 500m2
shall provide one off-street loading space.
44
TABLE 4-2
OFF-STREET PARKING REQUIREMENTS IN RESIDENTIAL AND COMMUNITY SERVICE DISTRICTS
Use
All R - Residential Districts
CS - Community Service District
Adult day care
1 space plus 1 space per 5 persons enrolled in the facility
1 space plus 1 space per 5 persons enrolled in the facility
Ambulance stations
1 space per 282 of gross floor area, excluding garage area
1 space per 28 m2 of gross floor area, excluding garage area
Bed and breakfast homes
1 space plus 1 space for each guest room
1 space plus 1 space for each guest room
Cemeteries
---
no requirement
Clubs
1 space per 50 m2 of gross floor area
1 space per 50 m2 of gross floor area
Commercial recreation
facilities
---
1 space per 50 m2 of gross floor area or (for primarily outdoor
recreational uses) 1 space per 8 patrons at design capacity
Community centres
1 space per 50 m2 of gross floor area
1 space per 50 m2 of gross floor area
Convenience stores
---
1 space per 28 m2 of gross floor area
Cultural institutions
1 space per 50 m2 of gross floor area
1 space per 50 m2 of gross floor area
Custodial care facilities
1 space plus 1 space per 5 persons enrolled in the facility
1 space plus 1 space per 5 persons enrolled in the facility
Day care centres and pre-
schools
1 space plus 1 additional space for every 10 persons enrolled
in the facility per day
1 space plus 1 additional space for every 10 persons enrolled
in the facility per day
Dwelling groups
1 space per dwelling unit plus 0.1 spaces per dwelling unit for
visitors
1 space per dwelling unit plus 0.1 spaces per dwelling unit for
visitors
Dwelling units, except
multiple units
1 space per dwelling unit
1 space per dwelling unit plus 0.1 spaces per dwelling unit for
visitors
Dwelling units, multiple unit
including street townhouse
units
1 space per dwelling unit plus 0.1 spaces per dwelling unit
designated for visitors
1 space per dwelling unit plus 0.1 spaces per dwelling unit
designated for visitors
Educational institutions
---
1.2 spaces per classroom plus 1 space per 8 students at design
capacity
Federal,
Provincial
and
Municipal buildings and uses,
excluding warehouses and
storage yards
---
1 space per 28 m2 of gross floor area
Financial Institutions
---
1 space per 28 m2 of gross floor area
Funeral homes
---
1 space per 10 seats in main assembly area or (where no fixed
seating is provided) 1 space per 7.5 m2 of gross floor area
devoted to main assembly area
45
TABLE 4-2
OFF-STREET PARKING REQUIREMENTS IN RESIDENTIAL AND COMMUNITY SERVICE DISTRICTS
Use
All R - Residential Districts
CS - Community Service District
Health care clinics
---
1 space per 28 m2 of gross floor area
Home based business - type
II
1 space per non-resident employee
1 space per non-resident employee
Laundromats
1 space per 28 m2 of gross floor area
1 space per 28 m2 of gross floor area
Medical, dental and optical
laboratories
---
1 space per 28 m2 of gross floor area
Mobile home courts
1 space per dwelling unit
---
Mobile homes
1 space per dwelling unit
---
Parking lots
no requirement
no requirement
Parks and playgrounds
no requirement
no requirement
Personal care homes
1 space per 4 beds plus 1 space per 4 employees
1 space per 4 beds plus 1 space per 4 employees
Places of worship
3 spaces per 10 seats in main assembly area or (where no fixed
seating is provided) 1 space per 2.5 m2 of gross floor area
devoted to main assembly area
3 spaces per 10 seats in main assembly area or (where no fixed
seating is provided) 1 space per 2.5 m2 of gross floor area
devoted to main assembly area
Private schools
1.2 spaces per classroom plus 1 space per 4 students at design
capacity
1.2 spaces per classroom plus 1 space per 4 students at design
capacity
Public elementary schools
1 space per staff member
1 space per staff member
Public secondary schools
1 space per staff member plus 3 spaces for each classroom,
with parking permitted in a front, side and/or rear yard
1 space per staff member plus 3 spaces for each classroom,
with parking permitted in a front, side and/or rear yard
Public works and municipal
facilities
no requirement
no requirement
Public hospitals
---
1 space per 4 beds plus 1 space per 4 employees
Public recreational facilities
1 space per 50 m2 of gross floor area or (for primarily outdoor
recreational uses) 1 space per 8 patrons at design capacity
1 space per 50 m2 of gross floor area or (for primarily outdoor
recreational uses) 1 space per 8 patrons at design capacity
Residential Care Facilities
1 space plus 1 space for each non-resident staff member in the
facility
1 space plus 1 space for each non-resident staff member in the
facility
Restaurants
---
1 per 4 seats intended for patrons' use
All other uses
1 space per 28 m2 of gross floor area
1 space per 28 m2 of gross floor area
46
TABLE 4-3
OFF-STREET PARKING REQUIREMENTS IN THE MU - MIXED USE AND LR - LAKEFRONT RECREATIONAL DISTRICT
Use
MU - Mixed Use District
LR - Lakefront Recreational District
Adult day care and custodial care facilities
1 space plus 1 space per 5 persons enrolled in the
facility
--
Ambulance stations
1 space per 28 m2 of gross floor area, excluding
garage area
--
Bakeries with retail sales
no requirement
--
Beaches
--
Bed and breakfast homes
1 space plus 1 space for each guest room
--
Clubs
1 space per 28 m2 of gross floor area
--
Commercial recreation facilities
1 space per 50 m2 of gross floor area
--
Community centres
1 space per 50 m2 of gross floor area
--
Convenience stores
no requirement
no requirements
Cultural institutions
no requirement
no requirements
Custodial care facilities
1 space plus 1 space per 5 persons enrolled in the
facility
--
Day care centres and preschools
1 space plus 1 additional space for every 10 persons
enrolled in the facility per day
--
Dwelling groups
1 space per dwelling unit plus 0.1 spaces per
dwelling unit for visitors
--
Dwelling units, except multiple units
1 space per dwelling unit
--
Dwelling units, multiple units incl. Street
Townhouses
1 space per dwelling unit plus 0.1 spaces per
dwelling unit for visitors
--
Educational institutions
1.2 spaces per classroom plus 1 space per 8
students at design capacity
--
Financial institutions
no requirement
--
Health care clinics
no requirement
--
Home based businesses - type II
1 space per non-resident employee
--
Laundromats
1 space per 28 m2 of gross floor area
--
Marinas
--
no requirements
47
TABLE 4-3
OFF-STREET PARKING REQUIREMENTS IN THE MU - MIXED USE AND LR - LAKEFRONT RECREATIONAL DISTRICT
Use
MU - Mixed Use District
LR - Lakefront Recreational District
Medical, dental and optical laboratories
no requirement
--
Offices and office buildings
no requirement
--
Parking lots
no requirement
no requirements
Parks and playgrounds
no requirement
--
Personal care homes
1 space per 4 beds plus 1 space per 4 employees
--
Personal service shops
no requirement
--
Photography studios
no requirement
--
Places of worship
3 spaces per 10 seats in main assembly area or
(where no fixed seating is provided) 1 space per 2.5
m2 of gross floor area devoted to main assembly
area
--
Private schools
1.2 spaces per classroom plus 1 space per 4
students at design capacity
--
Public recreational facilities
1 space per 50 m2 of gross floor area
1 space per 50 m2 of gross floor area
Public elementary schools
1 space per staff member
--
Public secondary schools
1 space per staff member plus 3 spaces for each
classroom, with parking permitted in a front, side
and/or rear yard
--
Public works and municipal facilities
no requirement
--
Repair services
no requirement
--
Residential care facilities
1 space plus 1 space for each non-resident staff
member in the facility
--
Restaurants
1 per 4 seats intended for patrons' use
1 per 4 seats intended for patrons' use
Retail stores
no requirement
--
Veterinary clinics
1 space per 28 m2 of gross floor area
--
All other uses
1 space per 28 m2 of gross floor area
--
48
TABLE 4-4
OFF-STREET PARKING REQUIREMENTS IN THE PR - PARKS AND RECREATION AND FUD - FUTURE URBAN DEVELOPMENT
DISTRICTS
Use
PR - Parks and Recreation District
FUD - Future Urban Development District
Agricultural uses including fair grounds
no requirement
no requirement
Cemeteries
no requirement
---
Community centres
1 space per 50 m2 of gross floor area
---
Cultural institutions
1 space per 50 m2 of gross floor area
---
Dwelling units
---
1 space per dwelling unit
Golf courses
no requirement
no requirement
Home based businesses - type II
---
1 space per non-resident employee
Municipal Facilities
no requirement
no requirement
Nature interpretation trails and associated
facilities
no requirement
---
Nurseries, greenhouses and garden
centres
--
1 space per 28 m2 of gross floor area
Parks and playgrounds
no requirement
no requirement
Public recreational facilities
1 space per 50 m2 of gross floor area
---
Public works and municipal facilities
no requirement
no requirement
Radio, television and telecommunication
towers and ancillary facilities
---
no requirement
Sand and gravel operations
---
1 space per 50 m2 of gross floor area or 1 space per 3
employees, whichever is greater
Sports fields
no requirement
no requirement
Tourist campgrounds
no requirement
---
Tourist information centres and booths
no requirement
---
Walking, hiking and ski trails and
associated facilities
no requirement
---
49
4.10
SIGNS
All signs shall be subject to the following regulations:
4.10.1 General
(1)
In addition to signs permitted as set out below, 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.
(3)
Except as 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 (1) fascia sign, not exceeding 0.4
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, owner 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.)
4.10.2 Application for Permits
(1)
Applications for sign permits must be made in writing to the Development Officer
by the owner, lessee or authorized agent of the building or premises on which the
sign is to be erected. The written application shall be accompanied by plans,
specifications, construction details and other information sufficient to inform the
Development Officer of the exact nature and location of the intended sign.
(2)
Prior to issuing a sign permit for a free standing, projecting or roof sign, the
Development Officer may require that the supplementary documentation described
in (1) above, contain the professional stamp of a certified professional engineer
qualified to certify that the sign design satisfies all relevant legislation, codes and
Bylaws.
4.10.3 Licensing of Portable Signs
(1)
Portable signs intended for rental or lease at more than one site during a one-year
period, or located at more than one site during a one-year period must be licensed.
(2)
The annual license shall be in the form of a license sticker which must be affixed
anywhere on the top one-third of the sign on the end or face closest to the street.
(3)
A license sticker is not transferable from one portable sign to another.
50
4.10.4 Permit and License Fees
(1)
Permanent signs -
$30.00 for the first $5,000 of sign construction value; and
$5.00 for every $1,000 of sign construction value in excess
of $5,000.
(2)
Portable signs - an annual license fee of $25.00
4.10.5 Denying or Revoking Permits
(1)
The Development Officer may deny or revoke a sign permit for any of the following
reasons:
(a)
erection of the sign has not commenced within three months from the date
of issue of the permit;
(b)
the sign does not conform to all relevant provisions of this Bylaw;
(c)
the sign being constructed or erected does not conform to the approved
drawings; and/or
(d)
the sign is not in a proper state of repair.
4.10.6 On any site in any Parks and Recreation District, Future Urban Development District
or Residential 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 district, the Future Urban
Development District or the Parks and Recreation District are set out in Table 4-5.
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;and
(c)
Signs applying to community service uses must not display advertising of
any commercial service or product.
(d)
Signs applying to community service uses must not be illuminated between
the hours of 11:00 p.m and 7:00 a.m.
51
TABLE 4-5
SIGN REGULATIONS IN PARKS AND RECREATION, FUTURE URBAN DEVELOPMENT,
LAKEFRONT RECREATION, AND RESIDENTIAL DISTRICTS
Use
Maximum
Number of
Signs
Maximum
Total Sign Face
Area (m2)
Maximum
Number of
Free Standing
Signs
Maximum
Height of Free
Standing Signs
(m)
Maximum Free Standing Sign
Face Area (m2)
per face
total
All permitted
principal
community
service uses
2
10
1
3
2.5
5
All permitted
principal
residential uses
1(1)
0.4(1)
0
n/a
n/a
n/a
All permitted
principal
commercial
uses
2
6
1
2.5
2
4
Notes:
(1)
Multiple unit dwellings and dwelling groups are permitted one additional sign, up to one (1) square metre in
area, showing the name of the building or group
4.10.7 On any site in any Community Service District or Mixed Use 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 or Mixed
Use District are set out in Table 4-6. 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.
(d)
Signs applying to community service uses must not be illuminated between
the hours of 11:00 p.m and 7:00 a.m.
52
TABLE 4-6
SIGN REGULATIONS IN COMMUNITY SERVICE AND MIXED USE DISTRICTS
Use
Maximum
Number of
Signs
Maximum
Total Sign Face
Area (m2)
Maximum
Number of
Free Standing
Signs
Maximum
Height of Free
Standing Signs
(m)
Maximum Free Standing Sign
Face Area (m2)
per face
total
All permitted
principal
community
service uses
3
18
1
3
6
12
All permitted
principal
residential uses
1(1)
0.4(1)
0
n/a
n/a
n/a
All permitted
principal
commercial
uses
2
18
1
6
6
12
Notes:
(1)
Multiple unit dwellings and dwelling groups are permitted one additional sign, up to one (1) square metre in
area, showing the name of the building or group
53
4.11
HOME-BASED BUSINESSES
4.11.1 All applications for home based businesses must be considered as a Type I or Type II
Home Based Business. The development standards for Type I and Type II home based
businesses are contained in Sections 4.11.4 and 4.11.5.
4.11.2 Without limiting the authority of the Development Officer to approve other types of
home based business applications, the following uses are specifically permitted as home
based businesses, subject to the applicable development standards contained within
Sections 4.11.4 and 4.11.5:
(1)
dressmaker, seamstress, or tailor;
(2)
office of a professional, or one who offers skilled services to clients and is not
engaged in the sale of goods or products to clients;
(3)
music, dancing, or art instruction, limited to no more than three students at a
time;
(4)
the creation of home crafts for sale off site, such as novelties and souvenirs,
corsage and flower arrangements, gift baskets, and other handicrafts including
but not limited to ceramics, pottery, leather goods and jewellery;
(5)
art restoration;
(6)
electrology, acupuncture, reflexology, and massage therapy;
(7)
typing, word processing, and computer programming services; and/or,
(8)
beauty parlours, barber shops, photographer's studios.
4.11.3 Without limiting the authority of the Development Officer to deny applications for other
types of home based businesses which do not meet the requirements of this Bylaw, the
following uses are prohibited as home based businesses, whether or not applications for
such uses would otherwise comply with the applicable standards of this Bylaw:
(1)
restaurants or tea rooms;
(2)
health or fitness clubs;
(3)
laundry services;
(4)
veterinary services, boarding, grooming or care of animals;
(5)
motion picture studios;
(6)
rental services;
(7)
hotels and hospitals;
(8)
headquarters or base of operations of a trucking, delivery, or towing operation;
54
(9)
the painting, repairing, refitting, cleaning, refurbishing, or selling of motor
vehicles or machinery;
(10)
upholstery services;
(11)
welding or metal works; and,
(12)
businesses utilizing large power tools and machinery, or businesses involved in
the mass production of similar items or products.
4.11.4 Type I Home Based Business Development Standards
The following development standards shall apply to all Type I Home Based Businesses:
(1)
No persons other than residents of the dwelling shall be employed in the home
based businesses on the site.
(2)
Home based businesses shall be conducted entirely indoors, and no more than
20% of the gross floor area of the dwelling, including the area of the basement
and any attached garage, up to a maximum of 30 m2, may be occupied by home
based businesses.
(3)
An attached garage or detached accessory building may be occupied by a home
based business, provided that the total area devoted to home based businesses
does not exceed 30 m2 on the site, and that no required parking spaces associated
with the principal use are occupied by home based businesses.
(4)
There shall be no exterior storage on the site in relation to the home based
business, and no exterior alterations shall be permitted that are not consistent
with the residential character of the buildings and property except for one
permitted sign.
(5)
No noise, vibration, smoke, dust, odours, heat, glare, electrical, television or
radio interference detectable beyond the boundaries of the building containing
the home based business shall be produced.
(6)
No more than one business related vehicle with a gross vehicle weight of no
more than 5,000 kg and a total length of no more than 6.0 metres may be stored
on or in the vicinity of the site.
(7)
Regardless of the number of home based businesses that may be located on any
one site, a total of no more than seven (7) client or business related visits per day
shall be made to home based businesses on any one site, and no deliveries of
merchandise, goods or equipment shall be made to the businesses by a vehicle
with a gross vehicle weight of more than 5,000 kg, or by a vehicle with a total
length of more than 6.0 metres.
(8)
A total of no more than 2.0 cubic metres of storage may be permitted within a
dwelling on any one site, and a total of no more than 4.0 cubic metres of storage
may be permitted within an attached or detached accessory building in relation to
55
home based businesses. No storage of hazardous, explosive or flammable
materials shall be permitted in relation to a home based business.
4.11.5 Type II Home Based Business Development Standards
The following development standards shall apply to all Type II Home Based Businesses:
(1)
In accordance with the definition of a Type II home based business, no more than
one non-resident person shall be employed in relation to home based businesses
on any one site.
(2)
Home based businesses shall be conducted entirely indoors, and no more than
20% of the gross floor area of the dwelling, including the area of the basement
and any attached garage, up to a maximum of 40 m2, may be occupied by home
based businesses.
(3)
An attached garage or detached accessory building may be occupied by home
based businesses, provided that the total area devoted to home based businesses
does not exceed 40 m2 on the site, and that no required parking spaces associated
with the principal use are occupied by home based businesses.
(4)
There shall be no exterior storage on the site in relation to the home based
business, and no exterior alterations shall be permitted that are not consistent
with the residential character of the building and property except for one
permitted sign.
(5)
No noise, vibration, smoke, dust, odours, heat, glare, electrical, television or
radio interference detectable beyond the boundaries of the building containing
the home based business shall be produced.
(6)
One off-street parking space shall be required for a non-resident employee, and
this space may be located in a required front yard. Additional off-street parking
spaces may be required, where in the opinion of the Development Officer, due to
the nature of the business or the site, the provision of parking is necessary to
maintain the residential character of the area. The siting and screening of all
required parking spaces shall be undertaken to the satisfaction of Council.
(7)
No more than one business related vehicle with a gross vehicle weight of no
more than 5,000 kg and a total length of no more than 6.0 metres may be stored
on or in the vicinity of the site.
(8)
Regardless of the number of home based businesses that may be located on any
one site, a total of no more than fourteen (14) client or business related visits per
day shall be made to home based businesses on any one site, and no deliveries of
merchandise, goods or equipment shall be made to the businesses by a vehicle
with a gross vehicle weight of more than 5,000 kg, or by a vehicle with a total
length of more than 6.0 metres.
56
(9)
A total of no more than 2.0 cubic metres of storage may be permitted within a
dwelling on any one site, and a total of no more than 4.0 cubic metres of storage
may be permitted within an attached or detached accessory building in relation to
home based businesses. No storage of hazardous, explosive or flammable
materials shall be permitted in relation to a home based business.
4.12
SPECIAL REGULATIONS AND STANDARDS
This section addresses special provisions and specific development standards that apply to the
following developments. These standards apply in addition to any standards of the District.
4.12.1 Adult Day Care Facilities
(1)
Adult day 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 or property.
(3)
Required parking spaces shall not be located in a required front yard.
(4)
In addition to the development standards of the zoning district, adult day care
facilities that are listed as discretionary uses shall be evaluated and developed in
accordance with Section 3.10.
4.12.2 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 or property.
(2)
Notwithstanding sections 4.11.4.(2) and 4.11.6 (2), required parking spaces may
be permitted in a front yard.
(3)
Section 3.10 shall apply to the review and approval of bed and breakfast homes.
(4)
The operator of the bed and breakfast lodging may advertise with a sign subject
to section 4.8.
4.12.3 Custodial Care Facilities, Residential Care Facilities and Personal Care Homes
(1)
Custodial care facilities, residential care facilities and personal care homes 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 or property.
(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
57
residential care facility shall also be used for the purpose of keeping boarders or
lodgers.
(5)
In addition to the development standards of the zoning district, custodial care
facilities and residential care facilities that are listed as discretionary uses shall be
reviewed and approved in accordance with Section 3.10.
4.12.6 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 or property.
(2)
Required parking spaces shall not be located in a required front yard.
(3)
In addition to the development standards contained within the zoning district,
Section 3.10 shall apply to the review and approval of day care centres and pre-
schools which are listed as discretionary uses.
4.12.7 Dwelling Groups
(1)
The minimum side yard of 3.5 m or ½ the building height 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 group shall be located at least 3.5 m
from any other principal building in the group.
(3)
The site area shall provide at least 370 square metres for each dwelling unit in the
group located at grade level plus 65 square metres for any dwelling unit located
above the main floor.
(4)
Council may apply special development standards regarding "yard requirements"
to reduce conflict with neighbouring uses.
4.12.8 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 be graded 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 shall be provided.
58
4.13
SERVICING
4.13.1 Holding or septic tanks are not allowed in the areas of the Resort Village 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.
4.14
STORAGE OF MATERIALS AND UNLICENSED OR INOPERATIVE MOTOR
VEHICLES IN RESIDENTIAL DISTRICTS
In any Residential District:
4.14.1 No front yard shall be used for the storage of unlicensed motor vehicles or of materials or
goods of any type.
4.14.2 No yard shall be used for storage or collection of hazardous material.
4.14.3 No yard or portion thereof shall be used for the storage of machinery not normally used
for the maintenance of the residential property.
4.14.4 Outside storage of partially dismantled or inoperative motor vehicles is not permitted.
4.14.5 Only one unlicensed motor vehicle may be stored outdoors on a residential site.
4.15
DEVELOPMENT ON HAZARD LANDS
4.15.1 Where a proposed development of a building is to be located on land within the Potential
Flood and Slump Area or within the Potential Slump Risk Area as indicated on Map 2 -
Potential Hazard Land in Section 6 of the Official Community Plan, or a proposed
development which is on land considered by Council to be potentially hazardous,
including but not limited to a wetland, water body or watercourse where flooding may
occur, the lands shall be deemed "hazardous" and Council shall require the applicant to
submit sufficient topographic information to determine if the development will be within
50 metres of:
- any slope(s) that may be unstable;
- any river or stream flood plain; and/or,
- any other land that may be subject to flooding.
59
4.15.2 Council may require that before a permit may be issued, the applicant shall submit a
report prepared by a professional competent to assess the suitability of the site for a
development described in 4.15.1 and which in the opinion of Council, shows that the
proposed site and development is suitable with respect to the following where relevant:
(a)
the potential for flooding up to the Safe Building Elevation, to be determined
from specific site investigations, or where not involving any building, such lower
elevation as may be suitable for the proposed use.
(b)
the potential for slope instability.
(c)
the required mitigation measures for construction on areas of high water tables if
any.
4.15.3 Actions identified in an assessment prepared pursuant to 4.15.2 which prevent, change,
mitigate or remedy hazards in lands deemed hazardous 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 adverse effects or will result in excessive municipal costs.
4.16
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.
4.17
EXISTING NONCONFORMING BUILDINGS AND SITES
Where a building has been erected on or before the effective date of this Zoning Bylaw on a site
having less than the minimum site width or area, or having less than the minimum front yard, side
yard or rear yard required or more than the maximum site coverage permitted in this Zoning
Bylaw, the building may be enlarged, reconstructed, repaired or renovated provided that:
(1)
the enlargement, reconstruction, repair or renovation does not further reduce the front
yard, side yard or rear yard or further increase the site coverage that does not conform to
this Zoning Bylaw.
(2)
all other applicable provisions of this Zoning Bylaw are satisfied.
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.
60
4.19
BUILDING TO BE MOVED
No building shall be moved within or into the Resort Village of Fort San without the issuance of
a development permit unless such building is exempt under Section 3.2.2 of this Zoning Bylaw.
4.20
DEMOLITION OF BUILDINGS
No building shall be demolished within the Resort Village of Fort San without the issuance of a
demolition permit.
4.21
GRADING AND LEVELLING OF SITES
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
property.
4.22
GARAGE AND YARD SALES
(1)
Garage or yard sales may be undertaken on any site in a Residential or Community
Service zoning district provided the sale is conducted by a resident of the dwelling on the
subject site, or by a non-profit group associated with a place of worship, public school,
community association or other similar group or organization.
(2)
No more than four (4) sales may be conducted from one site in one calendar year, and
any one sale may not last for more than three consecutive days.
4.23
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 Regional Health Authority and the Saskatchewan Watershed
Authority.
61
Section 5 Zoning Districts
5.1
CLASSIFICATION OF ZONING DISTRICTS
In order to carry out the purpose and provisions, the Village 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
Community Service
CS
Lakefront Recreation District
LR
Mixed Use
MU
Parks and Recreation
PR
Future Urban Development
FUD
5.2
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 Administrator, and under the seal of the
Resort Village shall be known as the "Zoning District Map" and such map is declared to be an
integral part of this Bylaw.
5.3
BOUNDARIES OF ZONING DISTRICTS
5.3.1
The boundaries of such districts referred to, together with explanatory legend, notation
and reference, are shown on the map entitled "Zoning District Map".
5.3.2
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.
5.3.3
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.
5.3.4
In unsubdivided land, the zoning district boundary shall be determined by the scale
shown on the Zoning District Map.
5.4
ZONING DISTRICTS
62
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 6.
5.5
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.
5.6
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.
63
Section 6 District Schedules
6.1
R1 - LOW DENSITY RESIDENTIAL DISTRICT
6.1.1
Purpose
The objective of the R1 - Low Density Residential District is to provide for residential
development in the form of single detached dwellings and for other compatible uses.
6.1.2
Permitted Uses
The following uses are permitted in the R1 - Low Density Residential District:
Residential:
(1)
single detached dwellings
(2)
semi-detached dwellings
Commercial:
(1)
adult day care - type I subject to Section 4.12.1
(2)
home based businesses - type I subject to Section 4.11
Community Service:
(1)
places of worship
Other:
(1)
parks and playgrounds
(2)
public works excluding offices, warehouses, storage yards and sewage lagoons
(3)
municipal facilities
6.1.3
Discretionary Uses
The following uses are discretionary in the R1 - Low Density Residential District:
Commercial:
(1)
adult day care - type II
(2)
bed and breakfast homes
(3)
clubs
(4)
day care centres and preschools
(5)
home-based businesses - type II
(6)
personal care homes
(7)
residential care facilities - type I
64
Community Service:
(1)
community centres
(2)
public elementary and secondary schools
6.1.4
Accessory Uses
(1)
Accessory buildings and uses, including guest houses, shall be permitted subject
to Section 4.8.
6.1.5
Regulations
(1)
Site Requirements
The minimum site size, yard, building floor area and maximum site coverage
requirements are shown in Table 6-1.
6.1.6
Standards for Discretionary Uses
Council will consider discretionary use applications in the R1 - Low Density Residential
District with respect to Section 3.10.3 General Discretionary Use Evaluation Criteria,
Section 3.10.4 Use Specific Discretionary Use Evaluation Criteria, as may be applicable,
and additional evaluation criteria and development standards that follows in this section:
(1)
Adult day care - type II subject to Section 4.12.1.
(2)
Bed and breakfast homes subject to Section 4.12.2.
(3)
Community service uses subject to Section 3.10.4 (1).
(4)
Day care centres and preschools subject to Section 4.12.6.
(5)
Home-based businesses - type II subject to Section 4.11.
(6)
Personal care homes subject to Section 4.12.3.
(7)
Residential care facilities - type I subject to Section 4.12.3.
(8)
Off street parking spaces for adult day care, day care centres, pre-school
nurseries, residential care facilities, schools and places of worship, shall be
located in a side or rear yard and be screened if they are adjacent to a site used
for residential purposes.
6.1.7
Exceptions to Development Standards
(1)
Where, on a corner site, a side yard of at least 6 metres is provided along the
flanking street for a single detached dwelling, the minimum rear yard
requirement is reduced to 3 metres.
65
TABLE 6-1
R1 - LOW DENSITY RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS
Principal Use
Minimum Site
Area (m2)
Minimum Site
Width (m)
Maximum
Building Height
(m)
Minimum Front
Yard (m)
Minimum Rear
Yard (m)
Minimum Side
Yard (m)
Minimum
Building Floor
Area (m2)
Maximum Site
Coverage (%)
Single detached dwellings
2000
30 (2) (6)
9 (1)
6
6
1.2 (3)
65
40
Semi-detached dwellings
2000
30 (2) (6)
9 (1)
6
6
1.2 (3) (5)
65
40
Adult day care
2000
30 (2) (6)
9 (1)
6
6
1.2 (3)
65
40
Places of worship
2000
30 (2) (6)
9 (1)
6
6
3 (4)
no minimum
40
Municipal facilities
no minimum
no minimum
no maximum
no minimum
no minimum
no minimum
no minimum
no maximum
Parks and playgrounds
no minimum
no minimum
no maximum
no minimum
no minimum
3 (4)
no minimum
10
Public works
no minimum
no minimum
9 (1)
no minimum
no minimum
no minimum
no minimum
no maximum
Bed and breakfast homes
2000
30 (2) (6)
9 (1)
6
6
1.2 (3)
65
40
Clubs
2000
30 (2) (6)
9 (1)
6
6
3 (4)
no minimum
40
Day care centres and
preschools
2000
30 (2) (6)
9 (1)
6
6
1.2 (3)
65
40
Personal care homes
2000
30 (2) (6)
9 (1)
6
6
1.2 (3)
65
40
Residential care facilities
2000
30 (2) (6)
9 (1)
6
6
1.2 (3)
65
40
Community centres
450
30 (2) (6)
9 (1)
6
6
3 (4)
no minimum
40
Public elementary and
secondary schools
no minimum
no minimum
no maximum
no minimum
6
3 (4)
no minimum
40
Special limitations and exceptions to standards in Table 6-1
(1)
buildings shall not exceed 2 storeys
(2)
where the site is served by a lane; otherwise 33 metres
(3)
except for corner sites, where it shall be 3 metres along the flanking street
(4)
or ½ the average building height, whichever is greater
(5)
except that no side yard shall be required where a common wall divides two dwelling units
(6)
unless the lot is not rectangular, in which case the minimum site width is 18 metres
66
6.2
R2 - MEDIUM DENSITY RESIDENTIAL DISTRICT
6.2.1
Purpose
The objective of the R2 - Medium Density Residential District is to provide for
residential development in the form of single detached, semi-detached, two-unit, street
town house and multiple-unit dwellings, and dwelling groups and for other compatible
uses.
6.2.2
Permitted Uses
The following uses are permitted in the R2 - Medium Density Residential District:
Residential:
(1)
single detached dwellings
(2)
semi-detached dwellings
(3)
two-unit dwellings
Commercial:
(1)
adult day care - type I subject to Section 4.12.1
(2)
home based businesses - type I subject to Section 4.11
(3)
residential care facilities - type I subject to Section 4.12.3
Community Service
(1)
places of worship
Other:
(1)
parks and playgrounds
(2)
public works excluding offices, warehouses, storage yards and sewage lagoons
(3)
municipal facilities
6.2.3
Discretionary Uses
The following uses are discretionary uses in the R2 - Medium Density Residential
District:
Residential:
(1)
street townhouse and multiple-unit dwellings
(2)
dwelling groups
67
Commercial:
(1)
adult day care - type II
(2)
bed and breakfast homes
(3)
clubs
(4)
day care centres and preschools
(5)
health care clinics
(6)
home-based businesses - type II
(7)
parking lots
(8)
residential care facilities - type II
Community Service:
(1)
community centres
(2)
cultural institutions
(3)
custodial care facilities
(4)
private schools
(5)
public elementary and secondary schools
(6)
public recreational facilities
6.2.4
Accessory Uses
(1)
Accessory buildings and uses, including guest houses, shall be permitted subject
to Section 4.8.
6.2.5
Regulations
(1)
Site Requirements
The minimum site size, yard, building floor area and maximum site coverage
requirements are shown in Table 6-2.
6.2.6
Standards for Discretionary Uses
Council will consider discretionary use applications in the R2 - Medium Density
Residential District with respect to Section 3.10.3 General Discretionary Use Evaluation
Criteria, Section 3.10.4 Use Specific Discretionary Use Evaluation Criteria, as may be
applicable, and additional evaluation criteria and development standards that follows in
this section.
(1)
Adult day care - type II subject to Section 4.12.1.
(2)
Bed and breakfast homes subject to Section 4.12.2.
(3)
Community service uses subject to Section 3.10.4 (1).
(4)
Custodial care facilities subject to Section 4.12.3.
(5)
Day care centres and preschools subject to Section 4.12.6.
(6)
Dwelling groups subject to Section 4.12.7.
(7)
Home-based businesses - type II subject to Section 4.11.
68
(8)
Multiple unit dwellings and street townhouses subject to Section 3.10.4(3).
(9)
Parking lots subject to Section 4.12.8.
(10)
Personal care homes subject to Section 4.12.3.
(11)
Residential care facilities - type I subject to Section 4.12.3.
(12)
Off street parking spaces for adult day care, day care centres, pre-school
nurseries, residential care facilities, schools and places of worship, shall be
located in a side or rear yard and be screened if they are adjacent to a site used
for residential purposes.
6.2.7
Exceptions to Development Standards
(1)
Where, on a corner site, a side yard of at least 6 metres is provided along the flanking
street for a single detached dwelling, the minimum rear yard requirement is reduced to 3
metres.
69
TABLE 6-2
R2 - MEDIUM DENSITY RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS
Principal Use
Minimum Site
Area (m2)
Minimum Site
Width (m)
Maximum
Building Height
(m)
Minimum
Front Yard
(m)
Minimum
Rear Yard (m)
Minimum Side
Yard (m)
Minimum
Building Floor
Area (m2)
Maximum Site
Coverage (%)
Semi-detached dwellings
375 (4)
12 (2) (9)
9 (10)
6
6
1.2 (3) (6)
65
40
Single detached dwellings
375 (4)
12 (2) (9)
9 (10)
6
6
1.2 (3)
65
40
Two unit dwelling
375 (4)
12 (2) (9)
9 (10)
6
6
1.2 (3)
65
40
Adult day care
375 (4)
12 (2) (9)
9 (10)
6
6
1.2 (3)
65
40
Residential care facilities
375 (4)
12 (2) (9)
9 (10)
6
6
1.2 (3)
65
40
Places of worship
375 (4)
12 (2) (9)
9 (10)
6
6
1.2 (3)
no maximum
40
Municipal facilities
no minimum
no minimum
no minimum
no minimum
no minimum
no minimum
no minimum
no maximum
Parks and playgrounds
no minimum
no minimum
no minimum
no minimum
no minimum
3 (5)
no minimum
10
Public works
no minimum
no minimum
no minimum
no minimum
no minimum
no minimum
no minimum
no maximum
Dwelling groups
4000
no minimum
no minimum
no minimum
no minimum
3.5 (5)
50 per unit
40
Multiple-unit dwellings
(apartment buildings)
185 per unit
6 per unit (8) (9)
6 per unit (10)
6
no minimum
(7)
40 per unit
40
Multiple-unit dwellings (town
houses)
255 per unit (1)
12 (9)
9 (10)
6
no minimum
(6) (7)
46 per unit
40
Street townhouse dwellings
255 per unit (1)
8.5 (9) (11)
9 (10)
6
6
1.2 (3) (6)
46 per unit
40
Bed and breakfast homes
375 (4)
12 (2) (9)
9 (10)
6
6
1.2 (3)
65
40
Clubs
375 (4)
12 (9)
9 (10)
6
6
3 (5)
no minimum
40
Day care centres and
preschools
375 (4)
12 (2) (9)
9 (10)
6
6
1.2 (3)
no minimum
40
Health care clinics
375 (4)
12 (2) (9)
9 (10)
6
6
3 (5)
no minimum
40
Parking lots
no minimum
no minimum
no minimum
3
3
3
no minimum
no maximum
Community centres
375
12 (9)
9 (10)
6
6
3 (5)
no minimum
40
Cultural institutions
375
12 (9)
9 (10)
6
6
3 (5)
no minimum
40
Custodial care facilities
375 (4)
12 (2) (9)
9 (10)
6
6
1.2 (3)
70
40
Private schools
no minimum
no minimum
no minimum
no minimum
6
3 (5)
no minimum
no maximum
Public elementary and
secondary schools
no minimum
no minimum
no minimum
no minimum
6
3 (5)
no minimum
no maximum
Public recreational facilities
no minimum
no minimum
no minimum
no minimum
6
3 (5)
no minimum
no maximum
70
Special limitations and exceptions to standards in Table 6-2
(1)
where the site is served by a lane; otherwise 315 metres
(2)
where the site is served by a lane; otherwise 15 metres
(3)
except for corner sites where it shall be 3 metres along flanking street
(4)
where the site is served by a lane; otherwise 450 metres
(5)
or ½ the average building height, whichever is greater
(6)
no side yard shall be required where a common wall divides two dwelling units
(7)
for one storey multiple unit dwellings, the side yard shall be 1.8 metres; for two storey multiple unit dwellings, the side yard shall be 3m; on corner sites, the side yard shall
never be less than 3 metres along the flanking street
(8)
to a maximum requirement of 21 metres
(9)
unless the lot is not rectangular, in which case the minimum site width is 11 metres and the average site width must exceed 12 metres
(10)
building shall not exceed 2 storeys
(11)
where the site is served by a lane; otherwise 10.5 metres
71
6.3
CS - COMMUNITY SERVICE DISTRICT
6.3.1
Purpose
The objective of the CS - Community Service District is to provide for development in
the form of a range of community services and other compatible uses.
6.3.2
Permitted Uses
The following uses are permitted in the CS - Community Service District:
Community Service:
(1)
ambulance stations
(2)
cemeteries
(3)
community centres
(4)
cultural institutions
(5)
educational institutions
(6)
Federal, Provincial and Municipal buildings and uses, but excluding warehouses,
storage yards and sewage lagoons
(7)
public elementary and secondary schools
(8)
public hospitals
(9)
public recreational facilities
(10)
places of worship
Commercial:
(1)
adult day care - types I and II subject to Section 4.12.1
(2)
clubs
(3)
commercial recreational facilities, including skating and curling rinks, golf
courses and tourist campgrounds
(4)
day care centres and pre-schools subject to Section 4.12.6
(5)
health care clinics
(6)
home based businesses - type I subject to Section 4.11
(7)
medical, dental and optical laboratories
(8)
personal care homes
(9)
private schools
(10)
residential care facilities - types I and II subject to Section 4.12.3
Other:
(1)
parks and playgrounds
(2)
public works excluding warehouses, storage yards and sewage lagoons
(3)
municipal facilities
72
6.3.3
Discretionary Uses
The following uses are discretionary uses in the CS - Community Service District:
Community Service:
(1)
custodial care facilities
Commercial:
(1)
restaurants
(2)
parking lots
6.3.4
Accessory Uses
(1)
Accessory buildings and uses shall be permitted subject to Section 4.8
6.3.5
Regulations
(1)
Site Requirements
The minimum site size, yard, floor area and maximum site coverage
requirements are shown on Table 6-3.
6.3.6
Standards for Discretionary Uses
Council will consider discretionary use applications in the CS - Community Service
District with respect to Section 3.10.3 Discretionary Use - General Evaluation Criteria
and to Section 3.10.4 Discretionary Use - Specific Evaluation Criteria and to additional
evaluation criteria and development standards noted as follows.
(1)
Custodial care facilities shall comply with Section 4.12.3.
(2)
Parking lots subject to Section 4.12.8.
(3)
Restaurants subject to the following criteria:
(a)
Restaurants, with or without associated lounges, where possible, should
be located near similar community and support facilities.
(b)
The character of adjacent residential districts, along the zone interface,
should, where possible, be protected and maintained through the
provision of buffer areas, separation distances and / or screening.
6.3.7
Exceptions to Development Standards
(1)
Where, on a corner site, a side yard of at least 6 metres is provided along the
flanking street for a single detached dwelling, the minimum rear yard
requirement is reduced to 3 metres.
73
TABLE 6-3
CS - COMMUNITY SERVICES DISTRICT DEVELOPMENT STANDARDS
Principal Use
Minimum Site
Area (m2)
Minimum Site
Width (m)
Maximum
Building Height
(m)
Minimum Front
Yard (m)
Minimum Rear
Yard (m)
Minimum Side
Yard (m)
Minimum
Building Floor
Area (m2)
Maximum Site
Coverage (%)
Ambulance stations
235
6
9 (4)
6
4.5
3 (1)
no minimum
no maximum
Cemeteries
no minimum
no minimum
9 (4)
6
4.5
3 (1)
no minimum
no maximum
Community centres
450
12
9 (4)
6
4.5
3 (1)
no minimum
no maximum
Cultural institutions
450
12
9 (4)
6
4.5
3 (1)
no minimum
no maximum
Educational Institutions
no minimum
no minimum
9 (4)
6
4.5
3 (1)
no minimum
no maximum
Federal, Provincial and
Municipal buildings and uses
no minimum
no minimum
9 (4)
6
4.5
3 (1)
no minimum
no maximum
Public elementary and
secondary schools
no minimum
no minimum
9 (4)
no minimum
4.5
3 (1)
no minimum
no maximum
Public hospitals
no minimum
no minimum
9 (4)
6
4.5
3 (1)
no minimum
no maximum
Public recreation facilities
no minimum
no minimum
9 (4)
no minimum
4.5
3 (1)
no minimum
no maximum
Places of worship
450
12
9 (4)
6
4.5
3 (1)
no minimum
no maximum
Adult day care
360 (2)
12 (3)
9 (4)
6
4.5
3 (1)
no minimum
40
Clubs
450
12
9 (4)
6
4.5
3 (1)
no minimum
40
Commercial recreational
facilities
235
6
9 (4)
6
4.5
3 (1)
no minimum
40
Day care centres and
preschools
360 (2)
12 (3)
9 (4)
6
4.5
3 (1)
65
40
Health care clinics
235
6
9 (4)
6
4.5
3 (1)
no minimum
40
Medial, dental and optical
laboratories
235
6
9 (4)
6
4.5
3 (1)
no minimum
40
Personal care homes
360 (2)
12 (3)
9 (4)
6
4.5
3 (1)
no minimum
40
Private schools
no minimum
no minimum
9 (4)
no minimum
4.5
3 (1)
no minimum
no maximum
Residential care facilities
360 (2)
12 (3)
9 (4)
6
4.5
3 (1)
65
40
Parks and playgrounds
no minimum
no minimum
9 (4)
no minimum
no minimum
3 (1)
no minimum
no maximum
Public works
no minimum
no minimum
9 (4)
no minimum
no minimum
no minimum
no minimum
no maximum
Municipal facilities
no minimum
no minimum
9 (4)
no minimum
no minimum
no minimum
no minimum
no maximum
Custodial care facilities
360 (2)
12 (3)
9 (4)
6
4.5
3 (1)
65
40
Restaurants
235
6
9 (4)
6
4.5
3 (1)
no minimum
40
Parking lots
no minimum
no minimum
9 (4)
3
3
3
no minimum
no maximum
Special limitations and exceptions to standards in Table 6-3
(1)
or ½ of the building height, whichever is greater
(2)
where the site is served by a lane; otherwise 450 metres
(3)
where the site is served by a lane; otherwise 15 metres
(4)
Building shall not exceed 2 storeys
74
6.4
MU - MIXED USE DISTRICT
6.4.1
Purpose
The objective of the MU - Mixed Use District is to provide for a mix of land uses,
including higher density residential uses, a limited range of commercial and personal
service uses, and other compatible uses, in the Village Centre Policy Area designation of
the Official Community Plan.
6.4.2
Permitted Uses
The following uses are permitted uses in the MU - Mixed Use District:
Commercial:
(1)
adult day care - types I and II subject to Section 4.12.1
(2)
bakeries with retail sales
(3)
clubs
(4)
convenience stores
(5)
day care centres and preschools subject to Section 4.12.6
(6)
health care clinics
(7)
home based businesses - type 1 subject to Section 4.11
(8)
medical, dental and optical laboratories
(9)
offices and office buildings
(10)
personal care homes
(11)
personal service shops
(11)
photography studios
(13)
repair services restricted to the repair of household goods and appliances
(14)
residential care facilities - types I and II subject to Section 4.12.3
Community Service:
(1)
community centres
(2)
cultural institutions
(3)
places of worship
Other:
(1)
parks and playgrounds
(2)
public works excluding warehouses, storage yards and sewage lagoons
(3)
municipal facilities
75
6.4.3
Discretionary Uses
The following uses are discretionary uses in the MU - Mixed Use District:
Commercial:
(1)
bed and breakfast homes subject to Section 4.12.2
(2)
commercial recreation facilities, excluding curling or skating rinks or golf
courses
(3)
financial institutions
(4)
home based businesses - type II subject to Section 4.11
(5)
laundromats
(6)
parking lots
(7)
restaurants
(8)
retail stores
(9)
veterinary clinics
Community Service:
(1)
custodial care facilities subject to Section 4.12.3
(2)
educational institutions
(3)
private schools
(4)
public elementary and secondary schools
(5)
public recreational facilities
Residential:
(1)
dwelling units in conjunction with and attached to a permitted use
(2)
street townhouse and multiple-unit dwellings
6.4.4
Accessory Uses
(1)
Accessory buildings and uses shall be permitted subject to Section 4.8.
6.4.5
Regulations
(1)
Site Requirements
The minimum site size and yard requirements are shown in Table 6-4.
(2)
General Regulations
(a)
All business shall be conducted and all goods stored wholly within an
enclosed building, except as required in the servicing of motor vehicles.
(b)
All outside storage permitted pursuant to (a), above, shall be fenced, and
where the area abuts a Residential District without an intervening street
or lane, the storage area shall be screened with a solid fence or hedge at
least 1.8 metres in height.
(3)
Accessory Dwelling Units
76
(a)
Dwelling units attached to commercial establishments shall have a main
entrance separate from that of the commercial establishment. An
emergency exit must be provided in addition to the main entrance.
(b)
The minium floor area of each dwelling unit shall be 28 square metres.
6.4.6
Standards for Discretionary Uses
Council will consider discretionary use applications in the MU - Mixed Use District with
respect to Section 3.10.3 Discretionary Use - General Evaluation Criteria and to Section
3.10.4 Discretionary Use - Specific Evaluation Criteria and to additional evaluation
criteria and development standards noted as follows.
(1)
Bed and breakfast homes shall comply with Section 4.12.2.
(2)
Community Service Uses, Public and Commercial Recreation Facilities subject
to Section 3.10.4.
(3)
Custodial care facilities shall comply with Section 4.12.3.
(4)
Discretionary residential uses are subject to the following criteria:
(a)
Dwellings shall maintain the mixed use character, density and purpose of
the MU - Mixed Use district.
(5)
Dwelling Groups subject to 4.12.7.
(6)
Home based businesses - type II shall comply with Section 4.11.
(7)
Laundromats are subject to the following criteria:
(a)
The location of laundromats will only be favourably considered where it
can be demonstrated that the use and intensity is appropriate to the site
and that it will have a minimal impact on the surrounding, adjacent areas,
particularly along the residential zone interface.
(b)
Consideration shall be given to the area's municipal servicing capacity.
(8)
Parking lots subject to Section 4.12.8.
(9)
Restaurants, retail stores, financial institutions and veterinary clinics are subject
to the following criteria:
(a)
The location of the use will only be favourably considered where it can
be demonstrated that the use will have a minimal impact on the amenity
of the MU - Mixed Use District and adjacent residential areas and that
these areas will not be unreasonably compromised.
77
(b)
The character of adjacent residential or community service districts,
along the zone interface, shall, where possible, be protected and
maintained through the provision of buffer areas, separation distances
and / or screening.
(10)
Off street parking spaces for dwelling groups, day care centres, pre-school
nurseries, residential care facilities, cultural institutions, clubs, health care clinics,
schools and places of worship, shall be located in a side or rear yard and shall be
screened if they abut a site used for residential purposes.
6.4.7
Exceptions to Development Standards
(1)
Where, on a corner site, a side yard of at least 6 metres is provided along the
flanking street for a single detached dwelling, the minimum rear yard
requirement is reduced to 3 metres.
TABLE 6-4
MU - MIXED USE DISTRICT DEVELOPMENT STANDARDS
Principal Use
Minimum Site
Area (m2)
Minimum Site
Width (m)
Maximum
Building Height
(m)
Minimum
Front Yard
(m)
Minimum
Rear Yard (m)
Minimum Side
Yard (m)
Minimum
Building Floor
Area (m2)
Maximum Site
Coverage (%)
Adult day care
375 (5)
12 (6) (13)
11(14)
6
4.5
1.2 (7)
70
40
Bakeries with retail sales
375
12 (13)
11(14)
no minimum
(1)
(2)
no minimum
no maximum
Clubs
375
12 (13)
11(14)
no minimum
(1)
(2)
no minimum
no maximum
Convenience stores
375
12 (13)
11(14)
6
(1)
(2)
no minimum
no maximum
Daycare centres &
preschools
375 (5)
12 (6) (13)
11(14)
6
4.5
1.2 (7)
70
40
Health care clinics
375
12 (13)
11(14)
no minimum
(1)
(2)
no minimum
no maximum
Medical, dental and optical
laboratories
375
12 (13)
11(14)
no minimum
(1)
(2)
no minimum
no maximum
Offices and office buildings
375
12 (13)
11(14)
no minimum
(1)
(2)
no minimum
no maximum
Personal care homes
375 (5)
12 (6) (13)
11(14)
6
4.5
1.2 (7)
70
40
Personal service shops
375
12 (13)
11(14)
no minimum
(1)
(2)
no minimum
no maximum
Photography studios
375
12 (13)
11(14)
no minimum
(1)
(2)
no minimum
no maximum
Repair services
375
12 (13)
11(14)
no minimum
(1)
(2)
no minimum
no maximum
Residential care facilities
375 (5)
12 (6) (13)
11(14)
6
4.5
1.2 (7)
70
40
Community Centres
375
12 (13)
11(14)
6
(1)
(2)
no minimum
no maximum
Cultural institutions
375
12 (13)
11(14)
no minimum
(1)
(2)
no minimum
no maximum
Places of worship
375
12(13)
11(14)
6
(1)
(2)
no minimum
no maximum
Municipal facilities
no minimum
no minimum
no maximum
no minimum
no minimum
no minimum
no minimum
no maximum
Parks and playgrounds
no minimum
no minimum
no maximum
no minimum
(1)
(2)
no minimum
no maximum
Public works
no minimum
no minimum
no maximum
no minimum
(1)
(2)
no minimum
no maximum
Bed and breakfast homes
375 (5)
12 (6) (13)
11(14)
6
4.5
1.2 (7)
70
40
Commercial recreation
facilities
375
12(13)
11(14)
no minimum
(1)
(2)
no minimum
no maximum
Financial institutions
375
12(13)
11(14)
no minimum
(1)
(2)
no minimum
no maximum
Laundromats
375(5)
12(13)
11(14)
6
(1)
(2)
no minimum
no maximum
Parking lots
no minimum
no minimum
no maximum
no minimum
(1)
(2)
no minimum
no maximum
Restaurants
375
12 (13)
11(14)
no minimum
(1)
(2)
no minimum
no maximum
Retail stores
375
12 (13)
11(14)
no minimum
(1)
(2)
no minimum
no maximum
Veterinary clinics
375
12 (13)
11(14)
no minimum
(1)
(2)
no minimum
no maximum
79
Custodial care facilities
375 (5)
12 (6) (13)
11(14)
6
4.5
1.2 (7)
70
40
Educational institutions
no minimum
no minimum
11(14)
6
(1)
3 (3)
no minimum
no maximum
Public elementary and
secondary schools
no minimum
no minimum
11(14)
no minimum
4.5
3 (3)
no minimum
no maximum
Private schools
no minimum
no minimum
11(14)
no minimum
4.5
3 (3)
no minimum
no maximum
Public recreation facilities
no minimum
no minimum
no maximum
no minimum
(1)
(2)
no minimum
no maximum
Dwelling units in
conjunction with and
attached to any other
permitted use
no minimum
no minimum
11(14)
no minimum
(1)
(2)
(4)
no maximum
Multiple unit dwellings
(apartment buildings)
185 per unit
6 per unit (8)
11(14)
6
no minimum
(10)
40 per unit
40
Multiple unit dwellings
(town houses)
255 per unit (9)
12 (13)
11(14)
6
no minimum
(12) (10)
46 per unit
40
Street townhouse dwellings
255 per unit (9)
8.5 (11) (13)
11(14)
6
no minimum
(12) (10)
46 per unit
40
Special limitations and exceptions to standards in Table 6-4
(1)
where the rear line of a site abuts any Residential District or principal residential use without an intervening street or lane, 4.5 metres; otherwise no requirement
(2)
where the side line of a site abuts any Residential District or principal residential use without an intervening street or lane, 3 metres; otherwise no requirement
(3)
or ½ the building height, whichever is greater
(4)
the floor area of all dwelling units shall not exceed the floor area of all other uses which are located in the same building and the minimum floor area of any single dwelling
unit shall not be less than 28 m2
(5)
where the site is served by a lane; otherwise 450 metres
(6)
where the site is served by a lane; otherwise 15 metres
(7)
except for corner sites where it shall be 3 metres along flanking street
(8)
to a maximum requirement of 21 metres
(9)
where the site is served by a lane; otherwise 315 metres per unit
(10)
for one storey multiple unit dwellings, the side yard shall be 1.8 metres; for two storey multiple unit dwellings, the side yard shall be 3 metres; on corner sites, the side yard
shall never be less than 3 metres along the flanking street
(11)
where the site is served by a lane; otherwise 10.5 metres
(12)
except that no side yard shall be required where a common wall divides two dwelling units
(13)
unless the lot is not rectangular, in which case the minimum site width is 11 metres and the average site width must exceed 12 metres
(14)
building shall not exceed 2 storeys
80
6.5
LR - LAKEFRONT RECREATIONAL DISTRICT
6.5.1
Purpose
The objective of the LR - Lakefront Recreational District is to provide for a limited mix
of land uses that would enhance lake-oriented recreation opportunities and serve to draw
people to the lake.
6.5.2
Permitted Uses
The following uses are permitted uses in the LR - Lakefront Recreational District :
Other:
(1)
parks, playgrounds and beach areas
(2)
public works excluding warehouses, storage yards and sewage lagoons
(3)
municipal facilities
6.5.3
Discretionary Uses
The following uses are discretionary uses in the LR - Lakefront Recreational District:
Commercial:
(1)
convenience stores
(2)
parking lots
(3)
restaurants
(4)
marinas
Community Service:
(1)
community centres
(2)
cultural institutions
(3)
public recreational facilities
6.5.4
Accessory Uses
(1)
Accessory buildings and uses shall be permitted subject to Section 4.6.
6.5.5
Regulations
(1)
Site Requirements
The minimum site size and yard requirements are shown in Table 6-5.
(2)
Maximum Height Requirements
The maximum building height requirements are shown in Table 6-5.
(3)
General Regulations
81
(a)
All business shall be conducted and all goods stored wholly within an
enclosed building.
6.5.6
Standards for Discretionary Uses
Council will consider discretionary use applications in the LR - Lakefront Recreational
District with respect to Section 3.10.3 Discretionary Use - General Evaluation Criteria
and to Section 3.10.4 Discretionary Use - Specific Evaluation Criteria and to additional
evaluation criteria and development standards noted as follows.
(1)
Community Service Uses, Public and Commercial Recreation Facilities subject
to Section 3.10.4.
(2)
Parking lots subject to Section 4.12.8. Additionally, Council will not approve
parking lots in the LR - Lakefront Recreational District unless the parking lot
abuts HWY #727.
(3)
Convenience stores and restaurants are subject to the following criteria:
(a)
The location of the use will only be favourably considered where it can
be demonstrated that the use will have a minimal impact on natural
amenities and residential areas will not be unreasonably compromised.
(b)
The character of adjacent community service districts, along the zone
interface, shall be protected and maintained through the provision of
buffer areas, separation distances and / or screening.
6.5.7
Exceptions to Development Standards
(1)
Where, on a corner site, a side yard of at least 6 metres is provided along the
flanking street for a single detached dwelling, the minimum rear yard
requirement is reduced to 3 metres.
82
TABLE 6-5
LR -LAKEFRONT RECREATIONAL DISTRICT DEVELOPMENT STANDARDS
Principal Use
Minimum Site
Area (m2)
Minimum Site
Width (m)
Maximum
Building Height
(m)
Minimum Front
Yard (m)
Minimum Rear
Yard (m)
Minimum Side
Yard (m)
Minimum
Building Floor
Area (m2)
Maximum Site
Coverage (%)
Parks, playgrounds and
beaches
no minimum
no minimum
4.4 (1)
no minimum
no minimum
no minimum
no minimum
10
Public works
no minimum
no minimum
4.4 (1)
no minimum
no minimum
no minimum
no minimum
no maximum
Municipal facilities
no minimum
no minimum
4.4 (1)
no minimum
no minimum
no minimum
no minimum
no maximum
Convenience stores
144
6
4.4 (1)
6
(2)
(3)
no minimum
40
Community centres
300
6
4.4 (1)
6
(2)
(3)
no minimum
40
Cultural institutions
144
6
4.4 (1)
6
(2)
(3)
no minimum
40
Marinas
no minimum
no minimum
4.4 (1)
6
(2)
(3)
no minimum
no maximum
Parking lots
no minimum
no minimum
4.4 (1)
3
(2)
(3)
no minimum
no maximum
Restaurants
144
6
4.4 (1)
6
(2)
(3)
no minimum
40
Public recreation facilities
no minimum
no minimum
4.4 (1)
6
(2)
(3)
no minimum
no maximum
Special limitations and exceptions to standards in Table 6-5
(1)
building shall not exceed 2 storeys
(2)
where the rear line of a site in any LR - Lakefront Recreational District abuts any Residential District or principal residential use without an intervening street or lane, 4.5
metres; otherwise no requirement
(3)
where the side line of a site in any LR - Lakefront Recreational District abuts any Residential District or principal residential use without an intervening street or lane, 1.5
metres; otherwise no requirement
83
6.6
PR - PARKS AND RECREATION DISTRICT
6.6.1
Purpose
The purpose of the PR - Parks and Recreation District is to provide for parks and
recreation development and for other compatible uses.
6.6.2
Permitted Uses
The following uses are permitted in the PR - Parks and Recreation District:
(1)
municipal facilities
(2)
nature interpretation trails and associated facilities
(3)
public works, excluding sewage lagoons
(4)
sports fields, parks and playgrounds
(5)
tourist information centres and booths
(6)
walking, hiking and ski trails and associated facilities
6.6.3
Discretionary Uses
The following uses are discretionary uses in the PR - Parks and Recreation District:
(1)
cemeteries
(2)
community centres
(3)
cultural institutions
(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.
(4)
golf courses
(5)
public recreational facilities
(6)
tourist campgrounds
6.6.4
Accessory Uses
(1)
Accessory buildings and uses shall be permitted subject to Section 4.8.
6.6.5
Regulations
(1)
Site Requirements:
The minimum site size and yard requirements are shown in Table 6-6.
84
6.6.6
Standards for Discretionary Uses
(1)
Cemeteries are subject to the following criteria:
(a)
Cemeteries shall maintain the character, density and purpose of the PR -
Parks and Recreation district.
(b)
Consideration shall be given to the need for the proposed cemetery or
extension within the Resort Village of Fort San.
(c)
Council shall also consider the desirability of the proposed location and
the cemetery's compatibility with the surrounding area and its effect on
adjacent properties, surrounding uses and community facilities.
(d)
An alternative water system to potable water as well as a water
conserving irrigation system will be considered an asset.
(2)
Community Centres, cultural institutions and public recreation facilities are
subject to the following criteria:
(a)
The site shall be accessible from a major road network to avoid heavy
traffic volumes on residential access roads.
(b)
Consideration shall be given to the location of entry and exit points of
the site and their relationship with existing intersections and adjacent
residential units.
(c)
It must be demonstrated, to the satisfaction of Council, that any
additional traffic generated by the community centre, 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.
(d)
Consideration will be given to the presence of activities already located
in the area and on the site, and their effect on the surrounding residential
environment, such as the cumulative effect of locating an activity on a
site adjacent to or already accommodating an activity that may currently
generate traffic, noise, etc. not in keeping with the residential area.
(3)
Golf courses are subject to the following criteria:
(a)
Consideration shall be given to the compatibility of the golf course with
adjacent land uses.
(b)
Insofar as possible, proposed golf courses shall respond to the natural
topography and drainways of the site, and employ minimal clearing of
native vegetation.
(c)
Buffers shall be provided to protect existing, adjacent neighbourhoods by
mitigating the adverse impacts of sound, visibility and traffic.
85
(d)
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.
(4)
Intensive agricultural uses (excluding livestock) are subject to the following
criteria:
(a)
The location of agricultural uses 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 or situations for vehicles, cyclists or pedestrians
iv)
utilization of hazardous substances
(5)
Tourist campgrounds are subject to the following criteria:
(a)
Wherever possible, and appropriate, any existing trees and mature
landscaping shall be retained.
(b)
Solid waste storage facilities (including adequate space for both
recycling and general waste bins) shall be provided on-site and
appropriately located and screened or landscaped to avoid any adverse
visual impact from the road and within the development.
(c)
There shall be adequate manoeuvring space on-site.
(d)
The prevention of on-street congestion caused by the ingress and egress
of vehicles shall be considered.
(e)
If located in the residential interface, consideration shall be given to
controlling any detrimental effects the campground may have on
adjacent residential land.
86
TABLE 6-6
PR - PARKS AND RECREATION DISTRICT DEVELOPMENT STANDARDS
Principal Use
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Rear
Yard (m)
Minimum Side
Yard (m)
Municipal facilities
no minimum
no minimum
no minimum
no minimum
no minimum
Nature interpretation trails and associated facilities
no minimum
no minimum
6
6 (1)
3 (2)
Public works
no minimum
no minimum
no minimum
no minimum
3 (2)
Sports fields, parks and playgrounds
no minimum
no minimum
6
6 (1)
3 (2)
Tourist information centres and booths
235
6
no minimum
4.5 (1)
3 (2)
Walking, hiking and ski trails and associated facilities
no minimum
no minimum
6
6 (1)
3 (2)
Cemeteries
no minimum
no minimum
6
4.5 (1)
3 (2)
Community centres
450
15
6
4.5 (1)
3 (2)
Cultural institutions
450
15
6
4.5 (1)
3 (2)
Golf courses
no minimum
no minimum
6
6 (1)
3 (2)
Intensive agricultural uses
1000
30
6
6 (1)
3 (2)
Public recreational facilities
no minimum
no minimum
6
6 (1)
3 (2)
Tourist campgrounds
1000
30
6
6 (1)
3 (2)
Special limitations and exceptions to standards in Table 6-6
(1)
or 10% of the depth of the site, whichever is greater
(2)
or ½ the building height, whichever is greater
87
6.7
FUD - FUTURE URBAN DEVELOPMENT DISTRICT
6.7.1
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.
6.7.2
Permitted Uses
The following uses are permitted in the FUD - Future Urban Development District:
(1)
agricultural uses including crop farming, grazing and pasturage and cultivation of
land but not including intensive livestock or poultry operations
(2)
home based businesses - type 1 subject to Section 4.11)
(3)
municipal facilities
(4)
public works excluding sewage lagoons
(5)
recreational sports fields, parks and other similar uses
6.7.3
Discretionary Uses
The following uses are discretionary uses in the FUD - Future Urban Development
District:
(1)
agricultural fair grounds
(2)
golf courses
(3)
home based businesses - type 2 subject to Section 4.11
(4)
nurseries, greenhouses and garden centres
(5)
radio, television and telecommunications towers and ancillary facilities
(6)
sand and gravel operations
(7)
single detached dwellings
6.7.4
Accessory Uses
(1)
Accessory buildings and uses shall be permitted subject to Section 4.8.
6.7.5
Regulations
(1)
Site area, minimum
(a)
Single detached dwellings - 450m2 where the site is served by a lane;
otherwise 360m2
(b)
Public works, telecommunications facilities, cemeteries - no minimum
(c)
All other uses: 0.5ha
(2)
Front yard, minimum
(a)
All uses: 6m
88
(3)
Single detached residences are also subject to the following development
standards:
(a)
Minimum Site Width: 12 m where the site is served by a lane; otherwise
15m.
(b)
Minimum rear yard: 4.5m.
(c)
Minimum Side Yard: 1.2m except for corner sites, where it shall be 3m.
(d)
Minimum Floor Area: 70m2
(e)
Maximum Site Coverage: 50%
6.7.6
Standards for Discretionary Uses
In addition to other applicable regulations or standards contained in this Bylaw, the
following shall apply to discretionary uses in the FUD - Future Urban Development
District:
(1)
Discretionary uses in the FUD - Future Urban Development District will only be
permitted where Council is assured that such development will be compatible
with the future use of the area, as indicated in the Official Community Plan
Bylaw.
TABLE 6-7
FUD - FUTURE USE DEVELOPMENT DISTRICT DEVELOPMENT STANDARDS
Principal Use
Minimum Site
Area
Minimum Site
Width (m)
Maximum
Building Height
(m)
Minimum Front
Yard (m)
Minimum Rear
Yard (m)
Minimum Side
Yard (m)
Minimum
Building Floor
Area (m2)
Maximum Site
Coverage (%)
Agricultural Uses including
crop farming, grazing and
pasturage and cultivation of
land
but
not
including
intensive livestock or poultry
operations
2 hectares
60
9 (1)
6
(2)
(3)
65
40
Home Based Businesses -
type I
2,000 m2
60
9 (1)
6
(2)
(3)
65
40
Municipal Facilities
no minimum
no minimum
no maximum
no minimum
no minimum
no minimum
no minimum
no minimum
Public
Works
excluding
sewage lagoons
no minimum
no minimum
no maximum
no minimum
no minimum
no minimum
no minimum
no minimum
Recreational sports fields,
parks and other similar uses
no minimum
60
9 (1)
6
(2)
(3)
65
40
Agricultural fair grounds
2 hectares
60
9 (1)
6
(2)
(3)
65
40
Golf courses
5,000 m2
60
9 (1)
6
(2)
(3)
65
40
Home based businesses -
type II
2,000 m2
60
9 (1)
6
(2)
(3)
65
40
Nurseries, greenhouses and
garden centres
2,000 m2
60
9 (1)
6
(2)
(3)
65
40
Radio,
television
and
telecommunication towers
and ancillary facilities
no minimum
60
9 (1)
6
(2)
(3)
65
40
Sand and gravel operations
2,000 m2
60
9 (1)
6
(2)
(3)
65
40
Single detached dwellings
2,000 m2
60
9 (1)
6
(2)
(3)
65
40
Special limitations and exceptions to standards in Table 6-7
(1)
building shall not exceed 2 storeys
(2)
where the rear line of a site in any FUD - Future Urban Development District abuts any Residential District or principal residential use without an intervening street or lane,
4.5 metres; otherwise 3 metre
(3)
where the side line of a site in any FUD - Future Urban Development District abuts any Residential District or principal residential use without an intervening street or lane,
4.5 metres; otherwise 3 metre
90
Section 7 Maps