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Zoning Bylaw of the Village of Kenaston
Prepared by the
Advisory Planning Commission
2012
Page 2
TABLE OF CONTENTS
1 INTRODUCTION ................................................................................................................................................................ 4
1.1
TITLE ................................................................................................................................................................... 4
1.2
PURPOSE ............................................................................................................................................................. 4
1.3
SCOPE ................................................................................................................................................................. 4
1.4
SEVERABILITY ...................................................................................................................................................... 4
2 DEFINITIONS..................................................................................................................................................................... 5
3 ADMINISTRATION AND INTERPRETATION ....................................................................................................................... 17
3.1
Development Officer ......................................................................................................................................... 17
3.2
DEVELOPMENT PERMIT ..................................................................................................................................... 17
3.3
application for a development permit ................................................................................................................ 17
3.4
refferal to council .............................................................................................................................................. 17
3.5
Issue of Permits ................................................................................................................................................. 18
3.6
suspension of Decision ...................................................................................................................................... 18
3.7
Limitation on Discretionary Use Approvals ......................................................................................................... 18
3.8
Sign Permit Required ......................................................................................................................................... 19
3.9
Development Appeals........................................................................................................................................ 19
3.10
Fees and Advertising .......................................................................................................................................... 20
3.11
Contract Zoning ................................................................................................................................................. 21
3.12
Minor Variances to the Zoning Bylaw ................................................................................................................. 22
3.13
Enforcement, Offences and Penalties................................................................................................................. 23
4 GENERAL REGULATIONS ................................................................................................................................................. 24
4.1
All Zoning Districts ............................................................................................................................................. 24
4.2 Residential Districts .................................................................................................................................................. 27
4.3
Commercial and Industrial Districts .................................................................................................................... 28
5 Special Provisions ........................................................................................................................................................... 28
5.1
Discretionary Uses ............................................................................................................................................. 29
5.2
Bed-and-Breakfast Homes ................................................................................................................................. 29
5.3
Home Based Business ........................................................................................................................................ 29
5.4
Service Stations and Gas Bars ............................................................................................................................ 30
5.5
Residential Care Homes ..................................................................................................................................... 31
5.6
CAMPGROUNDS ................................................................................................................................................ 31
5.7
animal kennels .................................................................................................................................................. 32
6.1
Signs not requiring a development permit ......................................................................................................... 32
6.2
General Sign Regulations ................................................................................................................................... 32
6.3
Signs in Residential and Community Service Districts ......................................................................................... 33
6.4
Signs for Commercial and Industrial Districts...................................................................................................... 34
6.5
Billboard signs ................................................................................................................................................... 34
7 Off Street Parking and loading ........................................................................................................................................ 35
7.1
General Regulations .......................................................................................................................................... 35
7.2
Off-Street Parking .............................................................................................................................................. 35
7.3
Payment of Cash-In-Lieu of Required Off-Street Parking ..................................................................................... 37
7.4
Off-Street Loading ............................................................................................................................................. 38
8 ZONING DISTRICTS AND ZONING MAPS .......................................................................................................................... 39
8.1
classification of ZONING DISTRICTS .................................................................................................................... 39
8.2
ZONING DISTRICT MAPS .................................................................................................................................... 39
8.3
Boundaries of Zoning Districts ........................................................................................................................... 39
Page 3
8.4
Zoning District Schedules ................................................................................................................................... 40
9 Zoning District Schedules ................................................................................................................................................ 40
9.1
FUD - FUTURE URBAN DEVELOPMENT DISTRICT ................................................................................................ 40
9.1.1 Permitted Uses .................................................................................................................................................. 40
9.1.2 Discretionary Uses ............................................................................................................................................. 40
9.2
R1 - residential district ...................................................................................................................................... 42
9.3
r2 - multiple residential district ......................................................................................................................... 45
9.4
r3 - mobile home district ................................................................................................................................... 50
9.5
C1 - Commercial core district ............................................................................................................................ 52
9.6
C2 - Highway Commercial District ...................................................................................................................... 56
9.7
IND - General Industrial district ......................................................................................................................... 59
9.8
CS - Community Service district ......................................................................................................................... 61
9.8.1
Permitted Uses ......................................................................................................................................... 61
10 EFFECTIVE DATE OF THE BYLAW ..................................................................................................................................... 64
10.1
Repeal ............................................................................................................................................................... 64
10.2
Coming Into Force ............................................................................................................................................. 64
Page 4
1
INTRODUCTION
Under the authority granted by The Planning and Development Act, 2007, the Mayor and Council of the Village of Kenaston
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 Village of Kenaston".
1.2 PURPOSE
The purpose of this Bylaw is to regulate development in the Village of Kenaston and to provide for the amenity of the area
and for the health, safety and general welfare of the inhabitants of the Village.
1.3 SCOPE
Development shall hereafter be permitted within the limits of the Village of Kenaston only when in conformity with the
provisions of this Bylaw.
1.4 SEVERABILITY
If any section, clause, or provision of this Bylaw, including anything shown on the Zoning Map, is for any reason declared by
a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Bylaw in whole or in part, other
than the section, Clause or provision, including anything shown on the Zoning Map, so declared to be invalid.
2
DEFINITIONS
Whenever the subsequent words or terms are used in this Bylaw, they shall, have the following definition unless
the context indicates otherwise.
Abattoir: a building for butchering. The abattoir houses
facilities to slaughter animals; dress, cut and inspect
meats; and refrigerate, cure, and manufacture by-
products.
Accessory Use: a use customarily associated with,
incidental to, and subordinate to, the principal use or
building, and located on the same site with such principal
use or building.
Act: The Planning and Development Act 2007, Province of
Saskatchewan.
Administrator: The Administrator of the Village of
Kenaston.
Agricultural: A use of land, buildings or structures for the
purpose of animal husbandry, fallow, field crops,
forestry, market gardening, pasturage, private
greenhouses and includes the growing, packing, treating,
storing and sale of produce produced on the premises
and other similar uses customarily carried on in the field
of general agriculture.
Alteration or Altered: With reference to a building,
structure or site means a change from one major
occupancy class or division to another, or a structural
change such as an addition to the area or height, or the
removal or part of a building, or any change to the
structure such as the construction of, cutting into or
removal of any wall, partition, column, beam, joist, floor
or other support, or a change to or closing of any
required means of egress or a change to the fixtures,
equipment, cladding, trim, or any other items regulated
by this Bylaw such as parking and landscaping.
Ancillary Use: a 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 Clinic: A building or part thereof used by a
qualified veterinarian for the treatment of animal health
needs where animals are not kept on the premises for
surgery or kept overnight.
Animal Hospital: The premises of a veterinary surgeon
where small, large domestic animals and livestock are
treated or kept involving surgery and the keeping of
animals in outdoor or indoor pens.
Animal Unit: the kind and number of animals calculated
in accordance with the following table:
Animal Type
Number of Animals =
1 Animal Unit
Poultry
hens, cockerels, capons
100
chicks, broiler chickens
200
turkeys, geese ducks
50
exotic birds
25
Hogs
boars and sows
3
gilts
4
feeder pigs
6
weanling pigs
20
Sheep
rams or ewes
7
lambs
14
Goats etc.
all including lamas, alpacas
7
Cattle
cows and bulls
1
feeder cattle
1.5
Page 6
replacement heifers
2
calves
4
Horses
colts and ponies
2
other horses
1
Other
domesticated ungulates
- bison
- elk, reindeer
-deer
1
4
7
Apartment: a building divided into three or more
dwelling units, each of which is occupied or intended to
be occupied as the permanent home or residence, not
including a hotel or rooming house
Applicant: A developer or person applying for a
development permit under this Bylaw or for a subdivision
approval to an approving authority under The Planning
and Development Act 2007.
Approved: Approved by the council of the Village of
Kenaston
Assembly Hall - a hall where many people can
congregate
Attic: That portion of a building situated wholly or in part
within the roof and which is less than one-half story.
Auto Wrecker: An area where motor vehicles as
disassembled, dismantled or junked, or where vehicles
not in operable condition, or used parts of motor
vehicles, are stored or sold to the general public.
Awning: a canvas or similar flexible material stretched
over a frame, plastic, vinyl or lightweight metal shelter
projecting from a wall over a window or entrance to a
building.
Bareland Condominium: a parcel containing a dwelling
group which has been subdivided into Bareland Units,
pursuant to a condominium plan.
Bareland Unit: a unit of land subdivided under a bare
land condominium plan registered pursuant to the
Condominium Properties Act, 1993, excluding units that
are service units or parking units.
Basement: That portion of a building that is partly or
wholly underground.
Bed and Breakfast Home: a bed-and-breakfast facility in
a single detached dwelling, licensed as an itinerant use
accommodation under The Public Accommodation
Regulations, in which overnight accommodation within
the dwelling unit, along with one meal served before
noon, is provided to the travelling public for a charge.
Beverage Room: an establishment, licensed by the
Province of Saskatchewan, in which alcoholic beverages
are served for a fee for consumption on the premises and
may include a licensed lounge that is ancillary to a
restaurant. Food preparation or serving of food maybe
an accessory use to the drinking establishment but is
subject to all applicable provincial regulations
Billboard: A private free standing sign, including
supporting structure, which advertises goods, products,
services, organizations, of facilities that are available
from, located on, or refer to, a site other than the site on
which the sign is located.
Buffer: A strip of land, vegetation or land use that
physically separates two or more different land uses.
Building: A structure constructed on, in, or over land and
used for the shelter or accommodation of persons,
animals, goods, or chattels, and includes any structure
covered by a roof supported by walls or columns.
Building, Accessory: A subordinate building detached
from a principal building located on the same site, the
purpose of which is to enclose a use accessory or part of
the principle use.
Building Bylaw: A bylaw of the Village of Kenaston to
regulate the erection, alteration, repair, occupancy, or
maintenance of buildings and structures adopted
pursuant to The Uniform Building and Accessibility
Page 7
Standards Act.
Building Height: the vertical distance of a building
measured from grade level to the highest point of the
roof.
Building Permit: A permit, issued under The Building
Bylaw of the Village of Kenaston, authorizing the
construction of all or part of a building or structure.
Building, Principal: A building within which the principle
use of the site is housed or conducted.
Building Line, Established: The average distance from the
street line to the main wall of existing buildings on any
side of any block where more than half the frontage of
the block has been built on.
Bulk Fuel Sales and Storage: includes land, buildings,
and structure for the storage and distribution of fuels
and oils including retail sales or key-lock operation.
Business Support Services: Activities intended to provide
administrative, promotional or technical support for
commercial and industrial activities.
Bylaw: The Village of Kenaston Zoning Bylaw.
Campground: An area used for a range of overnight
camping experiences, from tenting to serviced trailer
sites, including accessory facilities which support the use,
such as administration offices and laundry facilities, but
not including the use of mobile homes or trailers on a
permanent year-round basis.
Canopy: a non-retractable, permanent roof-like structure
constructed of durable material extending from part or
all of a building.
Carport: A building or structure or part thereof, where at
least 40% of the area of the perimeter is open and
unobstructed by a wall, door, post or pier and which is
used for the parking or storage of motor vehicles.
Cemetery: A cemetery or columbarium within the
meaning of The Cemeteries Act, 1999
Commercial: The use of land, building(s), or structure(s)
for the purpose of buying and selling commodities, and
supplying professional and personal services for
compensation.
Commercial Entertainment Establishment: A recreation
or amusement facility operated as a business and open
to the general public for a fee such as an amusement
arcade, bowling alley, theatre, billiard parlour, and bingo
hall (where licensed by the Saskatchewan Liquor and
Gaming Authority).
Community Facilities: Buildings or facilities used for
recreational, social, educational or cultural activities and
that are owned by a municipal corporation, non-profit
corporation or other non- profit organization.
Condominium: Land, buildings, and units, including
private and common property as defined under The
Condominium Property Act, 1995.
Contractors Yard: The yard of a contractor or company,
including landscaping materials used as a depot for the
storage and maintenance of equipment used by the
contractor or company, and includes facilities for the
administration or management of the business and the
stockpiling or storage of supplies used in the business.
Convenience Store: A store offering for sale primarily
food products, beverages, personal care items, hardware
and printed matter and which primarily provides a
convenient day-to-day service to residents in the vicinity.
Council: The Council of the Village of Kenaston.
Day Care Centre: A facility which provides for the non
parental care of pre-school age children or school aged
children outside of normal school hours, and includes,
but is not limited to:
(a) a child care centre or day care centre which is
required to be licensed by the Province of Saskatchewan
pursuant to The Child Care Act
(b) a nursery school for pre-school children
Page 8
Deck: Any raised floor structure at least 0.3 meters above
the average ground level upon which it is constructed,
either adjacent to a building or free-standing with
stairway, ramp, or similar access.
Demolition Permit: A permit issued for the removal or
dismantling of a building or structure within the Village's
boundaries as prescribed under Section 13 of The
Uniform Building and Accessibility Standards Act.
Development: The carrying out of any building,
engineering, mining, or operations in, on, or over land, or
making of any material change in the use or intensity of
use of any building, or land.
Development Officer: The administrator of the Village of
Kenaston or anyone else appointed by council.
Development Permit: A document issued by the
Development Officer of the Village of Kenaston that
authorizes development pursuant to this Bylaw, but does
not include a building permit.
Discretionary Use: a use of land or buildings or form of
development that:
(i) is prescribed as a discretionary use in the zoning
bylaw; and
(ii) requires the approval of council pursuant to section
56 of the Act
Dwelling: A building or part of a building intended for
residential occupancy.
Dwelling Unit: One or more habitable rooms constituting
a self-contained unit and used or intended to be used
together for living and sleeping purposes by one or more
persons
Dwelling, Duplex: a building that is divided horizontally
into 2 dwelling units.
Dwelling Unit Group: Two or more single detached or
semi-detached or multiple unit dwellings located on a
single site.
Dwelling, Multiple Unit: a building divided into three or
more dwelling units as defined here and shall include,
amongst others, Village or row houses and apartments as
distinct from a rooming house, hotel or motel.
Dwelling, Semi-Detached: two dwelling units side by
side in one building unit with a common party wall which
separates, without opening the two dwelling units
throughout the entire structure
Dwelling, Single-Detached: A detached building
consisting of one dwelling unit as defined here; and
occupied or intended to be occupied as a permanent
home or residence, including an RTM when attached to
its foundation on the site, but not including a mobile or
modular home as defined
Dwelling, Row House: A building with three or more
dwelling units side by side with common party walls
which separate, without opening, each dwelling unit
throughout the entire structure, with each dwelling
having frontage onto the front street. Where permitted
in the Zoning Bylaw, a row house may be subdivided into
the separate dwelling units along the party walls.
Dwelling, Village House: A multiple unit dwelling under
one roof in which each unit has its own entrance to the
outside and each unit is separated from other units by a
common wall which has no openings
Educational Institution: An establishment dedicated for
the purpose of providing education and instruction in any
branch of knowledge.
Family Child Care Home: Pursuant to The Child Care Act,
means residential premises in which childcare services
are provided to not more than eight children at any one
time
Farm Building: Improvements such as barns, granaries,
and similar structures used in connection with the
growing and sale of trees, shrubs and sod or the raising
or production of crops, livestock or poultry, fur
production, bee keeping and situated on a parcel of land
used for the farm operation.
Page 9
Flanking: Means adjacent to the side site line of a parcel
or site
Floor Area: The maximum habitable area contained
within the outside walls of a building, excluding in the
case of a dwelling, any private garage, deck, porch,
veranda, sunroom, unfinished attic or unfinished
basement.
Frontage: The length of the front site line
Garage, Private: A building or part of a building or a
carport used or intended to be used for the storage of
motor vehicles and having a capacity for not more than
three motor vehicles for each dwelling unit to which the
garage is accessory.
Garage, Public: A building or part of a building, other
than a private garage, used for the storage, care, repair,
servicing or equipping of motor vehicles or where
vehicles are kept for remuneration, hire, sale or display.
Gas Bar: A commercial facility predominately for the sale
of gasoline, diesel and propane, and may offer for sale
other petroleum products and vehicle accessories.
Grade Level: An average elevation of the finished surface
of the ground adjacent to the exterior walls of the
building or structure.
Greenhouse, Commercial: A building for the growing of
flowers, plants, shrubs, trees and similar vegetation that
are not necessarily transplanted outdoors on the same
site, but are sold directly at wholesale or retail from the
site.
Greenhouse, Private: A building for the growing of
flowers, plant, shrubs, trees and similar vegetation that
are transplanted outdoors on the same site containing
such greenhouse(s), and where greenhouse products
may not be offered for sale.
Group Care Facility: A supervised residential dwelling
unit, licensed or approved under provincial statute, for
the accommodation of persons, excluding staff, referred
by hospitals, courts, government agencies or recognized
social service agencies or health care professionals.
Hazard Land: Land having inherent environmental
hazards; land subject to flooding, earth movement, or
slope instability, land with poor natural drainage, ground
water seepage, erosion, steep slopes, rock formations, or
other similar features.
Health Service Facility: A building or part thereof used by
qualified health service practitioners for the treatment of
human health needs.
Height of the Sign: The vertical distance measured from
the highest point of the sign to grade level at the centre
of the sign.
Heritage Resource: The history, culture and historical
resources of an area and its residents.
Highway Commercial: Commercial activities normally
located along highways, major roadways and in other
locations considered strategic by the type of business
involved serving the needs of local residents and the
traveling public.
Highway Sign Corridor: A strip of land parallel and
adjacent to a provincial highway; where private signs
may be permitted to advertise goods and services of local
area businesses and attractions, as provided by
regulations of the Department of Highways entitled "The
Erection of Signs Adjacent to Provincial Highway
Regulations, 1986", as may be amended from time to
time.
Home Based Business: A business, occupation, trade,
profession or craft customarily conducted entirely within
a residential building or accessory building by the
inhabitants of the dwelling, and where the use is clearly
ancillary and secondary to the residential use and does
not change the character of the dwelling.
Hotel: Buildings or structures used or advertised as a
place where sleeping accommodations are provided in
whole or part, and may include accessory uses.
Industrial Use: The use of land, buildings or structures for
Page 10
the manufacturing, assembling, processing, fabrication,
warehousing or storage of goods and materials.
Industrial Park: An area of land set aside for industrial
development, usually located close to transport facilities,
especially where more than one transport mode
coincides, i.e. highways, railroads, airports.
Institutional Use: The use of land, buildings, or structures
for religious, charitable, educational, health or welfare
purposes and includes churches, public or private
schools, nursery schools, hospitals, and special care
homes.
Kennel, Boarding: The temporary accommodation of
more than four dogs, cats or other domestic animals for
commercial purposes.
Kennel, Breeding: The keeping of domestic animals,
male and female, and which are more than 12 months
old, for breeding purposes.
Kennel, Enclosure: An accessory building or enclosure
intended to house one of more domestic animals.
Landfill: A specially engineered site for disposing of solid
waste on land, constructed so that it will reduce hazard
to public health and safety.
Landscaped Area: An area not built upon and not used
for any purpose other than as an open space that may
include grass, shrubs, flowers, trees, and similar types of
vegetation and may contain paths, walks, patios, fences
and similar outdoor amenities, but does not include
parking areas, parking lots, driveways or ramps.
Lane: A secondary public thoroughfare intended
primarily to give access to the rear or side of the abutting
property.
Livestock: Domesticated animals used primarily as beasts
of burden or for the production of fur, hides, meat, milk,
eggs or other product, or as breeding stock, but excluding
companion animals.
Lounge: A room or area adjoining a restaurant set aside
for the sale of beverage alcohol for consumption on the
premises, with or without food, and where no area has
been set aside for dancing or entertainment, either in the
lounge or in the adjoining restaurant. The area of a
lounge may not exceed 50% or the public assembly area
in the adjoining restaurant.
Manufacturing Establishment: A firm or business
engaged in the mechanical or chemical transformation of
materials or substances into new products including the
assembling of components parts, the manufacturing of
products and the blending of materials.
Marquee: A roof-like structure of a permanent nature
which projects from the wall of a building that is
independently supported by a system of columns or piers
without walls over an entrance to a building.
Mayor: The Mayor of the Village of Kenaston.
Minister: The member of the Executive Council to whom
for the time being is assigned the administration of The
Planning and Development Act, 2007.
Mobile Home: a trailer coach:
(a) that is used as a dwelling for permanent or year round
living
(b) that has water faucets, wash basin, a shower or
bathtub, and a toilet that may be connected to a water
distribution and sewage collection system
(c) which is certified by the manufacturer that it complies
with the Canadian Standards Association Code CSA-Z240
series standards.
Mobile Home Park: A site under single management for
the placement of two or more mobile homes and shall
include all accessory buildings necessary to the operation
but does not include an industrial or construction camp
or tourist campsite. For the purpose of this Bylaw the
terms mobile home park and mobile home court shall be
deemed to mean the same.
Mobile Home Site: A parcel or piece of land for the
Page 11
placement of a mobile home and for exclusive use of its
occupants.
Modular Home: A factory built home that is
manufactured as a whole or modular unit and is designed
to be moved on a removable chassis to be used as one
dwelling unit, and is certified by the manufacturer that it
complies with the Canadian Standards Association Code
CSA-A277 standard.
Modular Home, Single Wide: A modular home that is
less than 5 metres (16.40 ft.) in width.
Modular Home, Double Wide: A modular home that is
greater than 8 metres (26.25 ft.) in width.
Modular Unit: 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.
Motel: Means a building or group of buildings on a site
designed and operated to provide temporary
accommodation and contains separate sleeping units,
each of which is provided with an adjoining conveniently
located parking stall.
Municipality: The Village of Kenaston.
Municipal Reserve: Dedicated lands that are provided to
a municipality for public use, or that were dedicated as
public reserve and transferred to a municipality pursuant
to Sections 181 to 193 inclusive of The Planning and
Development Act, 2007.
Museum: An institution that is established for the
purpose of acquiring, conserving, studying, interpreting,
assembling and exhibiting to the public for its instruction
and enjoyment, a collection or artifacts of historical
interest.
Non-Conforming Building: A building:
(a) that is lawfully constructed or lawfully under
construction, or with respect to which all required
permits have been issued, at the date a Zoning Bylaw or
any amendment to a Zoning Bylaw affecting the building
or land on which the building is situated or will be
situated becomes effective; and
(b) that on the date a Zoning Bylaw or any amendment to
a Zoning Bylaw Becomes effective does not, or when
constructed will not, comply with the Zoning Bylaw
Non-Conforming Site: Means a site, consisting of one or
more contiguous parcels, that, on the date a Zoning
Bylaw or any amendment to a Zoning 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: means a lawful specific use:
a) Being made of land or a building or intended to be
made of land or of a building lawfully under
construction, or with respect to which all required
permits have been issued, at the date a zoning bylaw
or any amendment to a zoning bylaw affecting the
land or building becomes effective; and
b) That on the date a zoning bylaw or any amendment
to a zoning bylaw becomes effective does not, or in
the case of a building under construction or with
respect to which all required permits have been
issued will not, comply with the zoning bylaw;
Office or Office Building: A building or part of a building
used primarily for conducting the affairs of a business,
profession, service, industry or government in which no
goods or commodities of business or trade are stored,
trans-shipped, sold or processed.
Official Community Plan (OCP): The Village of Kenaston
Official Community Plan is the WaterWolf Planning
District Growth Management Plan.
Open Space: Passive and structure leisure and recreation
areas that enhance the aesthetic quality and conserve
the environment of the community, including parks,
recreation and tourism nodes, and natural areas.
Parking Lot: An open area, other than a street, used for
the temporary parking of more than four vehicles and
available for public or private use.
Parking Space: A space within a building or parking lot
for the parking of one (1) motor vehicle including
Page 12
convenient access to a public lane or street and shall be
not less than 3 meters wide and 5.5 meters in length.
Patio: Any hard surface or floor structure less than 0.3
meters above the average ground level upon which it is
constructed.
Permitted Use: The use of land, buildings, or other
structures that shall be permitted in a Zoning District
where all requirements of this Zoning Bylaw are met.
Personal Service Establishment: A development used for
the provision of personal services to an individual which
are related to the care and appearance of the body, or
the cleaning and repair of personal effects, including
barbershops, hairdresser, beauty salons, tanning salons,
tailors, dressmakers, laundromats, shoe repair shops,
photographers, but excluding any adult or sexually
explicit services.
Places of Worship: A building set aside by any religious
organization for public worship. Typical uses include
churches, chapels, mosques, temples, synagogues and
parish halls.
Principal Use: The main or primary activity, for which a
site or its buildings are designed, arranged, developed or
intended, or for which is occupied or maintained.
Public Utility: A system, works, plant, equipment or
service, whether owned or operated by or for the
Municipality, or by a corporation under agreement with
the Municipality, or under a federal or provincial statute,
which furnishes any of the following services and
facilities to the residents of the Municipality:
(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
(d) facilities for the collection, treatment, movement or
disposal of sewage and garbage
(e) telephone distribution lines
(f) microwave and cell phone tower communication
facilities
(g) facilities for optical cable, or cable television services
Public Works: A facility as defined under The Planning
and Development Act, 2007.
Radio and Television Communication Structure:
Structures used for receiving and broadcasting radio or
television signals.
Real-Estate Signage: Signage directly associated with the
sale of a property on which it is located and which
maintains a gross surface area of less than 1m².
Recreational Uses: The use of land for parks,
playgrounds, tennis courts, lawn bowling greens, indoor
and outdoor skating rinks and curling rinks, athletic
fields, golf courses, picnic areas, swimming pools, day
camps, community centres and all similar uses, together
with the necessary and accessory buildings and
structures; but does not include the racing of animals or
motorized vehicles.
Retail Store: Establishments engaged in selling goods or
merchandise to the general public for personal or
household use; and rendering services incidental to the
sale of goods such as groceries, hardware, dry goods,
sporting goods, novelties, jewellery, household
appliances, books and magazines.
Recycling and Collection Depot: A building or structure
intended to accommodate the collection, sorting,
processing and temporary storage of recyclable
household materials such as bottles , cans, plastic
containers, paper and paint that would otherwise be
considered waste. These types of uses do not include any
outdoor processing or storage.
Residential Care Home: A facility licensed under
provincial statute to provide, in a residential dwelling,
long term residential, social, physical or personal care,
including accommodation, meals, supervision or
assistance for persons who have limits on ability for self-
care and self supervision, and who are unrelated to the
operator or owner.
Rooming House: A building containing more than one
rooming unit
Page 13
Rooming Unit: A room or rooms for accommodation
other than a dwelling unit or other form of
accommodation defined elsewhere in this Bylaw with
sleeping facilities but without private toilet facilities.
'Ready to Move' (RTM) Dwelling: A new single detached
dwelling constructed off site to National Building Code or
CSA A277 standards to be moved onto a new permanent
residential site building foundation.
Salvage Yard: A parcel of land where second-hand,
discarded or scrap materials are bought, sold, exchanged,
stored, processed or handled. Materials include scrap
iron, structural steel, rubber tires, discarded goods,
equipment, appliances or machinery.
School: An educational facility under the jurisdiction of a
Board of Education, a college, university, or any other
school established and maintained either wholly or
partially at public expense, whether or not the same is a
boarding school and includes any dormitory building
accessory to such school.
Secondary Suites: means a self contained dwelling unit
which is an ancillary use to, and located within, a
detached building in which the principal use is a one unit
dwelling.
Service Station: A building which is a principal use on a
site or a structure which is an accessory use in a clearly
defined space on a site; where gasoline or other motor
fuels are kept for sale and delivery directly into a motor
vehicle, and where the service station is a principal use
on the site, it may also include the servicing and repairing
of motor vehicles.
Sight Triangle, Driveway: The area contained in the
triangle formed by the intersection of the edge of a
driveway giving access to a street or lane and the
property line and a straight line drawn from a point 3 m
from that intersection along the driveway within the
property to a similar point along the property line 3 m
away from the driveway.
Sight Triangle, Street: The area contained in the triangle
formed by the corner property lines and a straight line
drawn from a point 7.5 m from the corner property pin
to a similar point 7.5 m along the perpendicular or
intersecting property line.
Setback: The distance required to obtain the front yard,
rear yard, side yard, or distance from another building,
required by the provisions of this Bylaw.
Sign: Any device, letter, figure, symbol, emblem or
picture, which is affixed to or represented directly or
indirectly upon a building, structure or a piece of land
and which identifies or advertises any object, product,
place, activity, person, organization, or business in such a
way as to be visible to the public on any street or
thoroughfare.
Sign, A-Board: An A-shaped portable sign that is used for
temporary placement and has no external supporting
structure.
Sign, Awning: A non-illuminated sign painted or affixed
to the surface of an awning which does not extend
beyond the perimeter of the awning.
Sign, Billboard: A sign which directs attention to a
business, commodity, service or entertainment
conducted, sold or offered at a location other than the
site on which the sign is located.
Sign, Canopy: A sign attached to, or painted on an
awning, canopy or free-standing canopy.
Sign, Construction: A temporary sign erected by a person
or company on the premises undergoing construction,
identifying pending development and information
relating to construction process, labour services,
materials or financing, name of building, as well as the
owner and participants in the development project, but
not including the advertisement of any products.
Sign, Converted Vehicle and Trailer: A vehicle or trailer
not originally designed as a sign, but which has been
converted or used for that purposes.
Sign, Directional: Any sign:
(a) displaying safety or warning messages
(b) directing traffic or providing parking directions
(c) giving instructions, directions or orders to persons
making use of premises.
Sign, Face: The entire area of a sign on which a copy
could be placed. In the case of multi-faced signs, each
facial side of the sign shall be included in determining the
total sign surface area.
Page 14
Sign, Facial Area: The entire surface area of a sign or in
the case of a painted wall sign the smallest geometric
figure which describes the area enclosed by the sign face.
Sign, Free-Standing: A sign structurally supported by one
or more up-rights or braces placed in the ground and not
attached to any building.
Sign, Identification: A sign which is limited to the name,
address and number of a building, institution or person
and to the activity carried on in the building or in the
institution, or the occupation of the occupant.
Sign, Portable: A free-standing sign which is capable of
being relocated and which may have lettering that can be
changed manually, but does not include vehicles and
trailers not originally designed as a sign, but which have
been converted or used for that purposes.
Sign, Real Estate: A temporary sign that advertises for
sale, rent, or lease the land, property or premises on
which the sign is displayed.
Sign, Temporary: A sign advertising a message applicable
for a defined period of time and not exceeding 6 months.
Sign, Wall: A sign attached to or painted on the wall of a
building or structure or its fascia in such a manner that
the wall is the supporting structure for or forms the
background surface of the sign and which does not
project more than 0.5 metres (1.64 ft.) from such
building or structure.
Site: One or more contiguous surface parcels as defined
under The Land Titles Act, 2000, and used as a unit for
the purpose of regulation under this Bylaw.
Site Area: The total area within the site lines of a site.
Site, Corner: A site at the intersection of two or more
public streets.
Site Coverage: The percentage of the site area covered
by all the buildings above the ground level.
Site Depth: The horizontal distance between the front
site and rear site lines, but where the front and rear site
lines are not parallel the site depth is the length of a line
joining the midpoint of such site lines.
Site Plan: A plan showing the location of existing and
proposed buildings on a site in relationship to the site
lines.
Site Line: Any boundary of a site.
Site Line, Front: The boundary that divides the site from
the street, in the case of a corner site, the front site line
shall mean the boundary separating the narrowest street
frontage of the site.
Site Line, Rear: The site line at the rear of the site,
opposite the front site line.
Site Line, Side: A site line other than a front or rear site
line.
Site, Through: A site other than a corner site, having
separate frontages on two streets. The front site line of a
through site shall be determined by predetermined
building lines.
Site, Width: The horizontal distance between the side
boundaries of the site measured at a distance from the
front lot line equal to the minimum front yard required
for the district in which the site is located.
Small Scale Commercial: Commercial or Industrial land
uses maintaining a lineal frontage of less than 90 meters.
Special Care Home: Means a nursing home, supervisory
care home, sheltered care home or other facility used for
the purpose of providing supervisory care, personal care,
and nursing care.
Special Needs Housing: Multiple unit dwellings or
dwelling groups operated by a non-profit corporation or
public authority and used exclusively for the domestic
habitation of senior citizens, disabled persons, occupants
of subsidized housing, or the cohabitant spouse and
children of persons noted above.
Storey: That portion of a building, other than an attic or
basement, between the upper surface of any floor and
the upper surface of the floor next above.
Street: A public thoroughfare which affords the principal
means of access to the abutting property.
Page 15
Structure: Anything that is built, constructed or erected,
located on the ground, or attached to something located
on or in the ground.
Structure, Temporary: Anything that is built, constructed
or erected, located on the ground or attached to
something located on the ground but that may be
relocated or moved and is not of a permanent nature.
Swimming Pool: Any body of water permanently located
outdoors or indoors, contained by artificial means and
used and maintained for the purpose of swimming,
wading, or diving and having a depth of 0.6 meters or
more at any point.
Tavern: an establishment, or portion thereof, where the
primary business is the sale of beverage alcohol for
consumption on the premises, with or without food, and
where no live entertainment or dance floor is permitted.
Telecommunication Facility: A structure situated on a
non-residential site that is intended for transmitting or
receiving television, radio or cellular communications,
excluding those used exclusively for dispatch
communications.
Tourist Campground: A site which provides for the
location of tents or trailer coaches used by travellers and
tourists for overnight accommodation.
Tourist Home: A private home or dwelling other than a
rooming house, hotel or motel in which rooms are
offered for rent to the travelling public for sleeping
accommodations.
Villagehouse: A multiple unit dwelling under one roof in
which each unit has its own entrance to the outside and
each unit is separated from other units by a common wall
which has no openings.
Trailer Coach: 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 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
Trucking Firm Establishment: The use of land, buildings
or structures for the purpose of storing, servicing,
repairing, or loading trucks, transport trailers and/or
buses, but does not include an automobile service
station, transportation sales or rental outlets.
Units of measure: Units of measure in this Bylaw are
metric abbreviated as follows:
m - metre(s)
m2 - square metre(s)
km - kilometres
ha - hectare(s)
Use: The activity or purpose for which any land, building,
structure, or premises, or part thereof is arranged,
designed, or intended, occupied, or maintained.
Utility Shed: An accessory building or structure used for
the storage of goods with a maximum floor area of
9.3m².
Veterinary Clinics: A place for the care and treatment of
small animals involving outpatient care and medical
procedures involving hospitalization, but shall not include
the keeping of animals in outdoor pens.
Warehouse: A building used for the storage and
distribution of wholesale goods and materials.
Waste Disposal Facility, Liquid: A facility to
accommodate any waste which contains animal, mineral
or vegetable matter in solution or suspension, but does
not include a septic system for a single residence or
farmstead, or a manure storage area for an intensive
livestock operation.
Waste Disposal Facility, Solid: A facility or a temporary
storage facility, to accommodate discarded materials,
substances or objects which originated from residential,
commercial, institutional and industrial sources but not
including dangerous goods, hazardous waste or
biomedical waste.
Village: The Village of Kenaston.
Yard: Any part of a site unoccupied and unobstructed by
any principal building or structure.
Yard, Front: A yard extending across the full width of a
site between the front site line and the nearest main wall
of the principal building or structure on the site.
Page 16
Yard, Rear: A yard extending across the full width of the
site between the rear site line and the nearest main wall
of the principal building or structure on the site.
Yard, Required: The minimum yard required by a
provision of this Bylaw and within which, unless
specifically permitted, no building or structure, or part of
a building or structure shall be erected.
Yard, Side: A yard extending from the front yard to the
rear yard between the side site line and nearest main
wall of the principal building or structure on the site.
3
ADMINISTRATION AND INTERPRETATION
3.1 DEVELOPMENT OFFICER
The Administrator of the Village of Kenaston or other person authorized by council pursuant to an agreement with
WaterWolf, shall be the Development Officer responsible for the administration of this Bylaw.
3.2 DEVELOPMENT PERMIT
(1) No person shall undertake a development or commence a use unless a development permit has first been
obtained, except as provided in Section 3.2(3)
(2) A development permit cannot be issued in contravention of any of the provisions of this Bylaw except as
provided in an appeal pursuant to the Act.
(3) A development permit is not required for the following, but all other applicable provisions of this Bylaw are to
be followed:
a) The maintenance of a public utility by the Municipality or crown corporation
b) The construction of a public utility by the Municipality
c) The installation of public utility on any street or other public right-of-way by the Municipality
d) A municipal facility installed and operated by the Municipality
e) Maintenance and repairs that do not include structural alterations
f) The installation of fences or accessory buildings under 10 m2
(4) A building permit shall not be issued unless a development permit, where required, has also been issued.
(5) If the development or use authorized by a development permit is not commenced within six months from the
date of issue of a permit, and completed within eighteen months of its issue, the permit is deemed void unless an
extension has been granted prior to its expiry.
3.3 APPLICATION FOR A DEVELOPMENT PERMIT
(1) The application for a development permit shall be made, to the Development Officer, in "Form A" as adopted
or amended by resolution of Council. The application shall be accompanied by two copies of a site or building plan
showing dimensions and locations of existing and proposed buildings and structures as well as site lines. Where no
new construction is proposed the applicant shall supply a written description of the proposed development in
place of such plans.
(2) Where the application is for a discretionary use the applicant shall, in addition, provide a written description of
the proposed development, describing the intended use and operations, structures to be located on the site,
required municipal services, and any other information that Council determines is necessary to fully review the
proposed development.
3.4 REFFERAL TO COUNCIL
The Development Officer may submit any application to Council for a decision on the interpretation of the Bylaw,
or upon special conditions provided for in the Bylaw, and shall inform the applicant of the date and time when
Council will consider the matter. Council or the Development Officer may require the applicant to provide further
information necessary to render a decision.
Page 18
3.5 ISSUE OF PERMITS
(1) Upon completion of the review of an application for development, the Development Officer shall:
a) for a permitted use, issue a development permit where the application conforms with the Zoning Bylaw,
incorporating any special regulations, performance standards or development standards authorized by this
Bylaw.
b) for a permitted use, issue a refusal, where the application does not comply with a provision or regulation of
this Bylaw, stating the reason for refusal.
c) for a discretionary use, prepare a report for Council on the proposal respecting the criteria for consideration of
that discretionary use and submit the application to Council for decision.
d) issue a refusal, where the application is for a use that is not provided for in the District in which the property is
located.
(2) Council shall make a decision on a discretionary use, by resolution, that approves or refuses the discretionary
use on that site, and that instructs the Development Officer to:
a) issue a development permit incorporating any specific development standards set forth by Council, where the
development will comply with the standards of this Bylaw, subject to the limitations of the Act.
b) issue a development permit incorporating any specific development standards set forth by Council, where the
applicant submits an amended application so that development will comply with the standards of this Bylaw,
subject to the limitations of the Act.
c) issue a notice of refusal to the applicant, stating the reasons for the refusal, and advising the applicant of any
right of appeal that the applicant may have.
(3) The permit or notice shall be in "Form B" as adopted or amended by resolution of Council.
3.6 SUSPENSION OF DECISION
Where an approved development is not being developed in accordance with the provisions of this Bylaw, or with
the standards and conditions specified in the development permit, Council may suspend the development permit.
The development permit shall not be reinstated until all deficiencies have been corrected.
3.7 LIMITATION ON DISCRETIONARY USE APPROVALS
3.7.1 VALIDITY OF DISCRETIONARY USE APPROVALS
A new discretionary use approval is required from Council where Council has previously approved a discretionary
use, or a specific discretionary intensity of use, and:
- the use ceased and was replaced by another use
-
the use ceases for a 12 month period.
- a building required for the approved use is not started within 6 months or completed within 18 months.
- the use is not started within 6 months of completion of the building.
- a use not requiring construction of a building is not started within 12 months.
- the applicant applies to increase the specifically approved intensity of use
Page 19
3.7.2 TIME LIMITED DISCRETIONARY USES
Where Council has approved a discretionary use for a limited time as provided in the Bylaw, and that time has
expired, that use of land or use of buildings on that property shall cease until such time as Council gives a new
discretionary use approval and a new development permit is issued.
3.8 SIGN PERMIT REQUIRED
(1) Where required by Section 6, no person shall place, erect, enlarge, change or structurally alter a sign unless a
sign permit has first been obtained.
(2) A sign permit cannot be issued in contravention of any of the provisions of this Bylaw except as provided in an
appeal pursuant to the Act. The permit shall cease to be valid if the sign has not been placed, erected, enlarged,
changed or structurally altered within 3 months of the issuance of the permit.
3.9 DEVELOPMENT APPEALS
3.9.1 APPOINTMENT OF BOARD
(1) Council shall appoint a Development Appeal Board in accordance with Sections 49 and 214 to 218 of the Act.
(2) Council shall, by resolution, adopt a policy specifying: the terms of office; the manner of filling of vacancies to
the board; the remuneration and expenses for board members; the provision for appointment of a secretary to the
board; the duties of the secretary; and the remuneration and expenses to be paid for the secretary.
(3) Council shall, by resolution, appoint a board and secretary to the board in accordance with the policy.
(4) Should Council enter into an agreement to appoint a District Development Appeal Board, in conjunction with
one or more other municipalities, to be the Development Appeal Board for the Municipality; members shall be
appointed in accordance with that agreement, and the Local Development Appeal Board shall cease to exist.
3.9.2 NOTICE
On "Form B" as adopted or amended by resolution of Council, the Development Officer shall advise the applicant
of the rights of appeal granted by the Act, with respect to that application.
3.9.3 FILING AN APPEAL
A person who wishes to appeal to the Development Appeal Board shall, within 30 days of receiving the permit or
notice, file a written notice of intention to appeal, and the appeal fee, with the secretary of the Board.
3.9.4 POWERS OF THE DEVELOPMENT APPEAL BOARD
(1) The Development Appeal Board has the powers given by the Act to allow variances to the standards of this
Bylaw, including standards and conditions specified for a permitted use or a discretionary use.
(2) Nothing in this Section allows a Development Appeal Board to vary a refusal to grant a use or an appeal for a
use or intensity of use not permitted in a District.
Page 20
(3) Nothing in this Section allows a Development Appeal Board to vary a refusal by Council to approve a
discretionary use or intensity of a discretionary use provided for in the Bylaw for a District.
3.9.5 APPEAL FROM A DEEMED REFUSAL
An application for a development permit for a permitted use shall be deemed to be refused when the
Development Officer has not issued a decision more than 40 days from the date the application was received by
the Development Officer in its complete and final form. An appeal may then be made as though the application
had been refused at the end of 40 days.
3.10 FEES AND ADVERTISING
3.10.1 AMENDING PLANNING BYLAWS
(1) Where a person requests Council to amend the Official Community Plan, Zoning Bylaw, or other planning
bylaw, that person shall pay to the Municipality a fee equal to the costs associated with the public advertisement
of the proposed amendment, pursuant to the requirements of Part X of the Act.
(2) Council may undertake any additional public consultations that it considers desirable respecting a proposed
amendment to a planning bylaw, at its own cost.
3.10.2 THE FOLLOWING PROVISIONS APPLY TO THE ADVERTISEMENT OF A DISCRETIONARY USE
APPLICATION:
(1) The Development Officer shall direct the applicant for a discretionary use to advertise the proposed use by
posting a notice of the application conspicuously on the front the property in question, and by mailing or delivering
a copy of the notice to the assessed owner of each property within 75 metres of the subject property for the
following:
a) any discretionary residence or any ancillary use to a residence
b) a home based business.
(2) In addition to the requirements specified in Clause (1), for an application for any discretionary use not listed in
Clause (1), the Development Officer shall publish a notice in a newspaper that is circulated in the Municipality.
(3) The notice shall:
- describe the use applied for
- describe the location of the use
- specify the date, time, and location of the Council meeting at which the application will be considered.
(4) The notice shall be posted, delivered, and published at least seven days, and mailed at least twelve days, prior
to the date of the meeting.
(5) The applicant shall pay a fee equal to the costs to the Municipality associated with the public advertisement.
Page 21
3.10.3 AN APPLICANT FOR A DEVELOPMENT PERMIT SHALL PAY AN APPLICATION PROCESSING
FEE IN ACCORDANCE WITH THE FOLLOWING:
a) permitted principal use: .................................................................................... $50.00
b) permitted accessory use:................................................................................... $25.00
c) ancillary use: ....................................................................................................... $50.00
d) discretionary principal use:............................................................................... $200.00
e) discretionary accessory use:........................................................................... $100.00
f) minor variance:................................................................................................... $75.00
g) development appeal fee: ................................................................................. up to $50.00 as specified by the Board
h) in addition, if a building permit is required, any fees associated with the issuance of a permit and inspection of
construction related to a building permit
These fees shall be in addition to any fee required by Clauses 3.10.1 and 3.10.2.
3.11 CONTRACT ZONING
(1) Council may enter into an agreement respecting the rezoning of land in accordance with the guidelines
established by the Official Community Plan on contract zoning.
(2) Council may in the agreement include:
- a description of the proposal
- reasonable terms and conditions with respect to the uses of the land and buildings or forms of development
- the site layout and external design including parking areas, landscaping, and access and egress
- a time limit in which the development must occur in accordance with the agreement, otherwise the site will
revert to the previous zoning classification
- that on the rezoning of the land none of the land or buildings shall be developed or used except in accordance
with the proposal, terms and conditions and time limit prescribed in the agreement.
(3) Council may require the payment of a performance bond prior to execution of the agreement for rezoning to
assure that the terms of the agreement are implemented.
(4) The rezoning agreement will not be signed until the public has had an opportunity to examine the proposed
rezoning through a public notice. Public notice and review will be in accordance with the procedure and public
notification process provided in Part X of the Act. Final reading of the amending bylaw will be subject to the
signing of the agreement. The amendment of the Zoning Bylaw shall take effect upon registration of the interest
as contained in Subsection 3.11(5)
(5) As required by the Act, an interest will be registered against the lands affected by the agreement binding the
owner of the land and future landowners to the agreement.
(6) The Council may, on application by the person who entered into an agreement pursuant to this Section or by
any Subsequent owner of land to which the agreement pertains:
- vary the agreement
- enter into a new agreement
- extend any time limit prescribed in an agreement.
(7) The Council may declare a rezoning agreement void where:
Page 22
- any of the land or buildings are developed or used contrary to the provisions of the agreement.
- the development fails to meet a time limit prescribed by an agreement.
(8) Where Council voids a contract agreement, the Zoning District of land reverts to the District in which it was
before rezoning by contract.
(9) Where the Council voids an agreement, Council will:
- give notice of the cancellation and the effect of the cancellation in one issue of a newspaper circulated in the
Municipality; and
- withdraw the interests registered in connection with the agreement.
(10) The symbol "C" will be attached to the appropriate Zoning District designation for the property in order to
identify land that is zoned by an agreement.
3.12 MINOR VARIANCES TO THE ZONING BYLAW
(1) An application for a minor variance shall be made to the Development Officer for a minor variance to the
Zoning Bylaw in a form as prescribed by the Development Officer.
(2) The Development Officer shall maintain a register as an appendix to the Zoning Bylaw of all minor variance
applications.
(3) The Development Officer may vary the requirements of the Zoning Bylaw subject to the following conditions:
a) A minor variance may be granted for variation only of:
(i) the minimum required distance of a building from the site line
(ii) the minimum required distance of a building to any other building on the site.
b) The maximum amount of minor variance shall not exceed a 10% variation of the bylaw requirements of the
Zoning Bylaw.
c) The development shall conform to the Zoning Bylaw with respect to the use of land.
d) The relaxation of the Zoning Bylaw shall not injuriously affect neighbouring properties.
(4) No minor variance is allowed in connection with an agreement on rezoning entered into pursuant to Section
3.11.
(5) A minor variance must conform to any applicable provincial land use policies or Statements of Provincial
Interest, adopted pursuant to the Act.
(6) On receipt of an application for a minor variance, the Development Officer may:
a) approve the minor variance
b) approve the minor variance and impose terms and conditions on the approval
c) refuse the minor variance.
(7) Where the Development Officer imposes terms and conditions on an approval pursuant to Subsection 3.12(6)
the terms and conditions shall be consistent with:
a) minimizing adverse impacts on neighbouring properties, including any potential change in fire rating
requirements
Page 23
b) providing adequate separation between buildings for safety reasons
c) avoiding encroachment into adjoining property, by reduction of allowable projects or other potential
encroachments.
(8) Where an application for a minor variance is refused, the Development Officer shall notify the applicant in
writing of the refusal and provide reasons for the refusal.
(9) Where an application for a minor variance is approved, with or without terms and conditions being imposed,
the Development Officer shall provide written notice to the applicant and to the assessed owners of property
having a common boundary with the land that is the subject of the application.
(10) The written notice required pursuant to Subsection (8) shall:
a) contain a summary of the application for minor variance
b) provide a reason for and an effective date of the decision
c) indicate that an adjoining assessed owner may within 20 days, lodge a written objection with the Development
Officer
d) where there is an objection described in Clause (c), advise the public that the applicant will be notified of the
right of appeal to the Development Appeal Board.
(11) The written notice required pursuant to Subsection (8) shall be delivered:
a) by registered mail
b) by personal service.
(12) A decision approving a minor variance, with or without terms and conditions, does not take effect:
a) in the case of a notice sent by registered mail, until 23 days from the date the notice was mailed
b) in the case of a notice that is delivered by personal service, until 20 days from the date the notice was served.
(13) If an assessed owner of property having a common boundary with the land that is the subject of the
application, objects in writing to the Municipality respecting the approval of the minor variance within the time
period prescribed in Subsection (12), the approval is deemed to be revoked and the Development Officer shall
notify the applicant in writing:
a) of the revocation of the approval
b) of the applicant's right to appeal the revocation to the Development Appeal Board within 30 days of receiving
the notice
(14) If an application for a minor variance is refused, or approved with terms and conditions, the applicant may
appeal to the Development Appeal Board within 30 days of the date of that decision.
3.13 ENFORCEMENT, OFFENCES AND PENALTIES
3.13.1 INSPECTION
Where the Development Officer has reasonable grounds to believe that development of property contravenes any
provision of the Zoning Bylaw, he/she may at a reasonable time, and with the consent of the owner, operator, or
occupant, or having been refused consent, with a warrant, enter any land, building, or premises for the purposes
Page 24
of inspection.
3.13.2 ORDER BY THE DEVELOPMENT OFFICER
(1) Where the Development Officer has determined that a violation of this Bylaw has occurred, the Development
Officer may issue an order to correct the violation pursuant to Section 242 of the Act.
(2) The order shall specify the contravention, and may require the owner, operator, or occupant to do any or all of
the following: discontinue the development, alter the development so as to remove the contravention, restore the
land, building or premises to its condition immediately prior to the development or form of development, and
complete the work necessary to comply fully with the Zoning Bylaw.
(3) The order shall specify the time when the actions required by Clause (2) are to be complete and shall advise of
the rights of appeal.
(4) The Development Officer may register an interest against the title to the property, based on the order, and
shall discharge the interest once the order is complied with.
(5) The Development Officer may apply to the Court of Queen's Bench to enforce the order, or the order as
amended by the Development Appeal Board or the Saskatchewan Municipal Board on an appeal.
3.13.3 Any person who violates this Bylaw is guilty of an offence and liable on summary conviction to the
penalties set forth in the Act.
4
GENERAL REGULATIONS
4.1 ALL ZONING DISTRICTS
The following regulations shall apply to all Zoning Districts in this Bylaw:
4.1.1 LICENSES, PERMITS, AND COMPLIANCE WITH OTHER BYLAWS
(1) Development must comply with the provisions of this Bylaw, whether or not a permit has been issued for the
development.
(2) Nothing in this Bylaw shall exempt any person from complying with the requirements of a building bylaw or
any other bylaw in force within the Village of Kenaston or from obtaining any license, permission, permit, authority
or approval required by this or any other bylaw of the Village of Kenaston. Where provisions in this Bylaw conflict
with those of any other municipal or provincial requirements, the higher or more stringent regulations shall
prevail.
4.1.2 MULTI PARCEL SITES
(1) Where a multi parcel site is used for one development, a proposal to separate the parcels into two or more
sites requires a development permit for each of the resulting sites.
(2) No development permit may be issued for a development creating more than one site as described in Clause
Page 25
(1) unless each of the sites will comply with the Bylaw with respect to the requirements of the District in which it is
located.
4.1.3 NON-CONFORMING BUILDINGS AND NON-CONFORMING SITES
Where a building has been erected on or before the effective date of this Bylaw on a site having less than the
minimum dimensions or area, or having less than the minimum yards required by this Bylaw, the use may be
continued and the building may be enlarged, reconstructed, repaired or renovated pursuant to the rights granted
by Sections 91 to 93 of the Act. These rights are subject to the following:
(1) the enlargement, reconstruction, repair or renovation does not further reduce the required yards that do not
conform to this Bylaw
(2) all other applicable provisions of this Bylaw are satisfied
(3) issuing of a development permit required by this Bylaw.
4.1.4 NON-CONFORMING USES
Where a use or intensity of use is being undertaken for part of a site or part of a building that conform to the
bylaws in effect before this Bylaw or before an amendment to this Bylaw, that use may be continued. The use may
not be enlarged, not relocated, or the part of the building housing the use may not undergo structural alteration as
long as the use is continued, as provided for in Sections 89 and 90 of the Act. Any portion of the property or
building may undergo development or reconstruction of the building for a use that does conform to the Bylaw.
4.1.5 ESTABLISHED BUILDING LINES
Where a front building line in a residential District has been established by existing buildings in a block and is less
than the specified front yard requirement, the required front yard is reduced for new construction according to the
following principles:
- where the new building is to be constructed on a corner site it shall not be located further into the required
front yard than a legal principle building on the abutting interior site
- where the building is to be constructed on an interior site it shall not be constructed further into the required
front yard than the average of the encroachments of principle buildings into the required front yard on the two
abutting sites
- where the abutting site is vacant, or the building has more than the required front yard the encroachment into
the required front yard shall be considered to be zero
- existing buildings where legally built are conforming with respect to the established building line.
4.1.6 NUMBER OF PRINCIPAL BUILDINGS PERMITTED ON A SITE
Not more than one principal use shall be established and not more than one principle building shall be placed on
any one site, with the exception of schools, hospitals, curling and skating rinks, community centres, approved
commercial building groups or shopping centres, nursing homes, senior citizen homes, and approved dwelling
groups.
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4.1.7 BUILDING TO BE MOVED
No building, including, but not limited to any residential commercial or industrial building, shall be moved within or
into the area covered by this Bylaw without first obtaining a development permit, subject to the standards
required for new construction, and to obtaining any other required municipal or provincial permit.
4.1.8 DEMOLITION OF BUILDINGS
No building shall be demolished within the area covered by this Bylaw without obtaining a development permit. A
development permit shall be granted where all requirements of the Building Bylaw are met, and:
- the building is not designated a heritage building which is not to be demolished
- the building is not a residential structure in a Demolition Control District for which building Council has not
granted an application to demolish.
4.1.9 GRADING AND LEVELLING OF A SITE
Any site proposed for development shall be graded and levelled at the owner's expense as is necessary to provide
for adequate surface drainage. The drainage shall not adversely affect adjacent property, and shall comply with
the requirements of the Village of Kenaston respecting design and location of flow from the property.
4.1.10 WATER SUPPLY AND WASTE DISPOSAL
(1) Subject to the Acts and Regulations administered by the Ministries responsible for Health and Environment, no
liquid, solid or gaseous wastes shall be allowed to be discharged into any stream, creek, river, lake, pond, slough,
intermittent drainage channel or other body of water, onto any land or into the air.
(2) Where available, every residence, and every building containing washroom facilities shall be connected to the
municipal sewer and water supply system at the owner's expense.
4.1.11 METRIC CONVERSION
Where a building was constructed or a site created under a bylaw using the Imperial System of Measurement, a
standard under that bylaw that was converted and rounded to an approximate metric measure in a subsequent
bylaw, shall be deemed equivalent for the purpose of regulation of that site or building.
4.1.12 GEOTECHNICAL ANALYSIS REQUIRED
If a proposed development is to be located on a site that may be subject to flooding, earth movement or
instability, or is otherwise unsuitable for development or hazardous for the proposed use, Council may require that
a geotechnical report be completed and approved by a Professional Engineer in the Province of Saskatchewan, as a
condition of the issuance of the development permit. The report shall indicate the suitability of the site, or sites,
for development and any remedial measures required to ensure suitability or to ensure that the natural resource
base is not irreparably altered. Remedial measures may be specified as conditions in the development permit.
4.1.13 SATELLITE DISH, RADIO TOWER OR TELEVISION ANTENNA FOR PERSONAL USE
The installation and operation of a free standing satellite dish, radio tower or television antenna and its supporting
structure intended for personal use is permitted in all zoning Districts provided that such structures are not located
in any front yard or in the case of a corner site, in any portion of the side or rear yard which is within 3 metres of
Page 27
the side site line adjacent to a street.
4.1.14 FRONTAGE FOR IRREGULAR SITES
Frontage on sites in a cul-de sac will be measured at the minimum front yard. Eg. if the minimum front yard is 7.5
meters, the frontage will be measured at 7.5 metres back from the front site line.
4.2 RESIDENTIAL DISTRICTS
4.2.1 PROJECTIONS IN YARDS
The following projections into required yards are permitted subject to the setback or construction requirements of
the National Building Code:
(1) In front yards:
a) maximum of 0.6 m projection of cantilevered bay windows or bow windows, chimney chases, gutters, window
sills, canopies, eaves, or fire escapes
b) maximum of 1.8 m projection of open cantilevered balconies, open porches, or open steps
c) wheelchair ramps to main floor level
d) fences less than 1 m in height unless provided otherwise in this Bylaw
e) light standards, flag poles, and permitted signs.
(2) In Rear Yards
a) cantilevered construction for bay windows, bow windows, chimney chases, bookcases, built in cabinets,
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gutters, window sills, canopies, eaves, and fire escapes to a maximum projection of 1.5 m
b) unenclosed decks no higher than 0.6 m, balconies, porches, and steps to a maximum projection of 3 m
c) a satellite dish, radio tower or television antenna where attached to a principal dwelling having a maximum
projection of 0.6 m
d) wheelchair ramps to main floor level
e) fences less than 2 m in height unless provided otherwise in this Bylaw.
(3) Side Yards
a) fire escapes, chimney chases, sills, belt courses, cornices, eaves, and gutters to a maximum projection of 0.6 m
or ½ the required yard whichever is the less
b) walkways and steps less than 0.6 m in height
c) wheelchair ramps to main floor level
d) fences not more than 2 m in height unless provided otherwise in this Bylaw.
(4) Hedges and other closed landscaping plantings shall comply with the fence requirements.
(5) Handrails are permitted in all yards uncovered driveways, walkways.
4.2.2 STORAGE
(1) No side or front yards shall be used for outdoor storage.
4.3 COMMERCIAL AND INDUSTRIAL DISTRICTS
4.3.1 PROJECTIONS IN YARDS
(1) Projections into required minimum front, rear or side yards are permitted subject to the setback or
construction requirements of the National Building Code where they consist of any of the following: eaves and
gutters of 0.6 m or less projection into a required yard, or chimney chases, fire escapes, or steps, provided that any
of the projections will not extend beyond the property line.
(2) Signs, as allowed pursuant to Section 6, are permitted in required yards.
4.3.2 FENCES AND HEDGES
(1) Fences, hedges and other closed landscaping plantings shall not exceed 1 m in any required front yard or 3 m
in any required side or rear yard.
(2) No fence, hedge, closed landscaping, sign, or other structure shall obstruct a sight triangle on a corner site
between 0.7 m and 2.5 m above grade.
5
SPECIAL PROVISIONS
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.
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5.1 DISCRETIONARY USES
In approving any discretionary use to minimize land use conflict, Council may prescribe specific development
standards related to:
(1) site drainage of storm water
(2) the location of buildings with respect to buildings on adjacent properties
(3) access to, number and location of parking and loading facilities
(4) appropriate space for vehicle line ups for drive through commercial facilities in order to reduce disruption of
traffic flows on adjacent roadways
(5) control of noise, glare, dust and odour
(6) landscaping, screening and fencing to buffer adjacent properties.
5.2 BED-AND-BREAKFAST HOMES
(1) Bed-and-breakfast homes shall be located in a single detached dwelling used as the operator's principal
residence.
(2) Bed-and-breakfast homes shall be licensed pursuant to The Public Health Act, 1994 and shall have a fire safety
inspection report issued prior to occupancy as a bed-and-breakfast home.
(3) In issuing discretionary use approval for a bed-and-breakfast home, Council may specify the maximum number
and specific location in the dwelling of approved guest rooms. Any increase in number of guest rooms shall
require a new discretionary use approval.
(4) One off-street parking space shall be provided and available to the use of the guest for each guest bedroom in
the bed-and-breakfast home, in addition to any off street parking used for the operator of the facility.
(5) One sign identifying the bed-and-breakfast home in accordance with the standards for a sign identifying a
multiple unit dwelling is permitted.
(6) Council will consider applications with respect to the following criteria:
- The proposed structures are suitable and comfortable for the proposed development.
- There is adequate space on the site for the proposed facility
- There are appropriate levels of access to the site and off street parking is available for the users of the facility
and for the operator
- The development will complement adjacent residential uses
- Use as a bed-and-breakfast home, will be considered an asset in the preservation of heritage buildings.
5.3 HOME BASED BUSINESS
(1) Where allowed as a discretionary use, a home based business may be located in a dwelling used as the owner's
residence, or in a building accessory to the dwelling.
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(2) A home based business shall clearly be secondary and ancillary to the use of a dwelling unit as a private
residence.
(3) A home based business shall not cause a variation in the residential character and appearance of the dwelling,
accessory residential building, or property; except for permitted signs.
(4) A home based business shall be conducted entirely within the dwelling or accessory building. Client contact
and services may only occur within the principal building.
(5) A home based business shall not create any conflict with the residential area in terms of emission of noise,
glare, dust, odour, radio interference, or disturbance between the hours of 10 p.m. and 7 a.m. that would be
disruptive to the surrounding residential uses.
(6) A home based business shall not require the parking of more than two client vehicles at any time. Off street
parking shall be provided on site for any resident vehicles.
(7) The home occupation shall not have any exterior display, outdoor storage of materials, or exterior variation
from the residential character of the residence or its accessory building.
(8) Persons employed within the dwelling in the home based businesses shall be full time residents of the
dwelling. Council may, in its approval, provide for up to two other persons employed by the home based business
where such persons are employed to work off-site.
(9) No more than 25% of the gross floor area of the principal building, and 50% of the gross floor area of an
accessory building shall be used for the home based business.
(10) The operation of a home bases business is subject Section 3.13, including any violation of the terms and
conditions included in the development permit for that use.
(11) The discretionary use approval for a home based business shall cease to be valid when the operation ceases
in accordance with Section 3.7.1, or where the operator relocates to another site. A new discretionary use
approval is required before the home based business may restart operation.
5.4 SERVICE STATIONS AND GAS BARS
(1) Fuel pumps and accessory equipment including any fuel sales kiosk on a pump island shall be located at least 6
metres from any street or other property boundary.
(2) All automobile parts, dismantled vehicles and similar articles shall be stored within a building or screened to
the satisfaction of Council.
(3) All business shall be conducted and all goods stored completely within an enclosed building except as required
in the servicing of motor vehicles while under the care and control of the vehicle operator.
(4) The Development Officer may specify in the issuing of a development permit, as a special condition of the
development permit, the location and design of access to the property and to the fuel pumps and service bays, to
avoid conflict with traffic on abutting streets or lanes.
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5.5 RESIDENTIAL CARE HOMES
(1) Where allowed as a discretionary use a residential care home may be developed in a single detached dwelling
building, subject to obtaining a provincial licence, pursuant to the particular act under which the home is proposed
to operate.
(2) The residential care home shall maintain the single detached residential character of the property consistent
with the neighbourhood.
(3) A residential care home shall meet all of the regulations for a single detached dwelling as prescribed for the
District in which it is located.
(4) The operator of the residential care home shall be a permanent resident of the dwelling licensed as a
residential care home.
(5) The operator shall ensure that adequate supervision and care is available at the home at all times.
(6) In approving a residential care home, Council may specify the maximum number of clients that may be cared
for in a residential care home but in no case shall the number exceed 10 persons.
(7) Council will consider applications with respect to the following criteria:
- the structures are suitable and comfortable for the proposed development, and provide for the appropriate
level of supervision
- there is adequate space on the parcel for the proposed facility
- there are appropriate levels of off street parking for the residents of the facility and the operator
- the concentration of residential care homes will not exceed 2 facilities per residential block, and the home will
complement adjacent residential uses.
5.6 CAMPGROUNDS
Campgrounds are subject to the following conditions:
a) The operator of a campground shall provide the development officer with a plan of the campground,
identifying any buildings, uses of land and the location of all roadways and trailer coach or tent campsites with
dimensions. The addition or rearrangement of campsites, the construction or moving of buildings, and material
change in use of portions of land, or the filling or clearing of land shall require a Development Permit, and the
operator shall submit for approval an amended plan incorporating the development.
b) A campground shall have within its boundaries a buffer area abutting the boundary of not less than 4.5 metres
which shall contain no buildings.
c) The operator of a campground shall designate a campsite for each trailer coach or tent party, which shall be
less than 150 m² in area with its corners clearly marked.
d) One permanent sign located on site advertising the campground is permitted per site;
e) No portion of any campsite shall be located within a roadway or required buffer area.
f) Each campsite shall have direct and convenient access to a developed roadway, which is not located in any
required buffer area.
g) Each trailer coach shall be located at least 4.5 metres from any other trailer coach, and each campsite shall
have dimensions sufficient to allow such location of trailer coaches.
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h) The space provided for roadways within a campground shall be at least 7.5 meters in width. No portion of any
campsite, other use or structure shall be located in any roadway.
i) A campground may include as ancillary uses a laundromat or a confectionery designed to meet the needs of
the occupants of the campsites, and one single detached dwelling for the accommodation of the operator.
j) The Public Health Act, 1994 shall be complied with in respect to all operations and development of the
campground.
5.7 ANIMAL KENNELS
Animal kennels are subject to the following:
a) The maximum number of animals not normally attributed to the host site to be kept on site shall be at the
discretion of council.
b) Council may apply special conditions with respect to siting conditions
c) All facilities, including buildings and exterior exercise areas, shall be sited behind the principal building unless
otherwise approved by Council.
d) Animal kennels shall be subject to relevant bylaws and legislation governing noise and public health.
e) Failure to comply with any of the above regulations or the conditions of a development shall be subject to
Section 3.13 of this bylaw.
6
SIGNAGE
6.1 SIGNS NOT REQUIRING A DEVELOPMENT PERMIT
(1) A sign permit, pursuant to Section 3.8, is required for any sign except as follows:
a) official signs erected by a public agency for a public purpose
b) real estate signs advertising the sale, lease, or rental of the real property on which it is located and related
information
c) temporary signs of less than 1 m2 in surface area
d) directional or safety signs bearing no advertising information
e) address signs, name of building signs, and name of residential occupant signs all containing no advertising
information
f) election signs during the period of an election campaign, and 7 days thereafter
g) temporary signs located inside a building window, exclusive of any electrified sign greater than 0.5 m2 in area
h) signs visible only from the interior of a building
i) construction signs, located on the site of the construction to which they refer.
(2) All signs, whether requiring a permit or not are subject to the sign regulations and size limits of the District in
which they are located.
6.2 GENERAL SIGN REGULATIONS
(1) Official signs erected by a public agency for a public purpose shall be of a size and placed at a location
appropriate to that public purpose and shall be exempt from any sign regulation of this Bylaw.
(2) Except as specifically provided in a C1 District, all signs shall be located within the limits of the parcel on which
Page 33
they are located and shall not project over the site lines.
(3) Private signs shall not be placed on public rights of way, or attached to public utilities, or other public facilities,
except where space is specifically rented by the Municipality for the purpose of advertising.
(4) A sign located in a street sight triangle or a driveway sight triangle shall be less than 0.75 m above grade at is
top or shall be at least 2.5 m above grade at its lower edge, so as to not obstruct its view from and of a vehicle.
(5) No sign shall cover, obscure, or in any way detract from the visibility and function of an official sign or traffic
control device.
(6) Real estate and construction signs shall be removed once the contract is completed and the property is
occupied by the new owner, lessee or tenant.
(7) A temporary sign is to be displayed for the period of the temporary event to which it refers or a period of 2
months, whichever comes first.
6.3 SIGNS IN RESIDENTIAL AND COMMUNITY SERVICE DISTRICTS
The following signs are allowed in an R1, R2, and CS District:
(1) One wall sign is permitted for a dwelling with a maximum surface area as follows:
a) multiple unit dwellings - 1 m2
b) all other dwellings - 0.5 m2
c) institutional uses, including schools, churches, and private clubs - 2 m2
d) an additional sign is permitted as above where it faces another street
e) one additional wall sign for an approved home based business - 1 m2
(2) One additional free standing sign with a maximum surface area as follows:
a) multiple unit dwellings - 2.5 m2
b) for dwelling groups one sign adjacent to each street from which the dwelling group achieves access - 2.5 m2
(3) Other uses in a Residential District shall be subject to sign regulations for multiple unit dwellings.
(4) One real estate sign for each site - 1.5 m2 maximum surface area.
(5) For dwelling groups, one real estate sign may be placed on or attached to each building or unit to which it
applies - 1.5 m2 maximum surface area.
(6) For any parcel one temporary sign not exceeding 5 m2 provided a valid sign permit exists while the temporary
sign is on the parcel.
(7) Up to two construction signs on a construction site only during the period of construction and while the
building is not occupied - not exceeding 7.5 m2 each.
(8) Billboard signs are prohibited.
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6.4 SIGNS FOR COMMERCIAL AND INDUSTRIAL DISTRICTS
The following regulations shall apply to signs in a Commercial District or an Industrial District:
(1) Signs for dwellings, dwelling groups, and institution uses shall comply with the regulations in Section 6.3.
(2) Illuminated signs shall have an internal light source or an external light source shielded so that the light is
directed at the face of the sign.
(3) In a C1 District one sign per property may project over the abutting sidewalk not closer, in horizontal distance,
than 0.3 m to the edge of the curb. Such signs shall have a clearance of not less than 2.5 m above the sidewalk.
(4) One permanent free standing sign is permitted per 30 m or part thereof of property frontage.
(5) Two temporary signs may be located on site for the period of the temporary condition only. These signs are
subject to the permit requirements of Section 6.2 7.
6.5 BILLBOARD SIGNS
(1) Billboard signs are a discretionary use in an Industrial District and a Future Urban Development District.
(2) Billboards and signs advertising goods or services not related to the site parcel on which the sign is located are
prohibited in C1 and C2 Districts.
(3) For the purposes of regulation under this Bylaw an unlicensed vehicle or trailer unit which in the opinion of
Council is acting as a sign shall be considered a billboard sign.
(4) The billboard sign face and height regulations shall be as follows:
a) maximum single face area - 20 m2
b) maximum total face area - 40 m2
c) maximum number of faces - 2
d) double faced signs shall be constructed so one face is completely behind and parallel to the other face and
facing the opposite direction.
e) maximum height above grade - 6 m.
(5) No billboard shall have flashing or intermittent light. All lighting shall be shielded from direct view from any
roadway or site boundary.
(6) Billboards shall not be located in a required front yard.
(7) Council may place special conditions on the location of the billboard on a site to protect the clear view of an
intersection or a highway approach, or other directional and informational signs.
(8) Council will apply the following criteria in considering a discretionary use application:
a) the billboard will not obscure local business signs
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b) the billboard will have sufficient separation to residential Districts; in general this distance will be at least 200
m
c) the billboard will be separated by at least 100 m from other billboards
d) the billboard will not seriously detract from the appearance of an entry to the Village.
7
OFF STREET PARKING AND LOADING
7.1 GENERAL REGULATIONS
(1) No person within any District shall erect, enlarge, substantially alter, or extend any building permitted under
this Bylaw, unless the required off-street parking and loading spaces are provided and maintained in connection
with the development.
(2) When the intensity of use of any building or use is increased by the addition of dwelling units, floor area,
seating capacity or other unit of measurement, that specifically affects the requirements for parking and loading
facilities, the number of parking and loading spaces shall be increased by the additional number of spaces required
by this Bylaw.
(3) Whenever the use of a building is changed, the parking and loading spaces shall be provided as required for
the new use. However, if the building was erected prior to the effective date of this Bylaw, additional parking and
loading spaces are required only by the number of spaces that the requirements for the new use exceed those of
the existing use.
(4) Any conforming or legal non-conforming building or use which is in existence on the effective date of this
Bylaw, that is damaged by fire, collapse, explosion, or other cause to the extent of 75 % or more of its value above
the foundation to rebuild that is reconstructed, repaired or re-established, shall provide off-street parking and
loading facilities in accordance with this Bylaw.
7.2 OFF-STREET PARKING
(1) Off-street parking shall be provided in accordance with the Table 1 Parking Schedule below, and associated
regulations. Except where specifically noted, all floor areas represent gross floor areas. One space is required for
each rate unit or part of a unit. For shopping centres the rate required applies to the entire shopping centre
including restaurants or offices.
(2) Required off-street parking spaces in any Commercial or Industrial District may be located on a separate site
that is within a convenient walking distance to a maximum of 150 m of the principal building or use, provided such
spaces are located within a commercial or industrial District.
(3) In Residential Districts, off-street parking spaces shall be provided on the site on which the principal use to
which the parking pertains is located.
(4) Where the necessary off-street parking space is provided on a parcel that is separate from the principal use, an
agreement between the Municipality and the owner of the site on which the parking is to be located shall be
recorded in the Village office. The agreement shall bind the owner and his heirs and successors restricting the use
of the site for the purposes of off-street parking so long as the main use or building for which the parking is
provided exists; and an interest based on the agreement shall be registered against the titles on behalf of the
Municipality.
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Table 1 - Parking Schedule
Land Use
Parking Spaces Required (minimum)
Residential
single detached dwelling ............................................
semi detached dwelling, attached dwelling, duplex
dwelling, mobile or modular home .............................
multiple unit dwelling .................................................
multiple unit dwelling for senior citizens....................
bed-and-breakfast facility ...........................................
1 space
1 per dwelling unit
1 per dwelling unit
1 per 4 dwelling units
1 plus 1 per guest room
Institutional
personal care home......................................................
special care and nursing home ....................................
hospital........................................................................
elementary school .......................................................
high school and collegiate...........................................
community centre, auditorium, theatre, private club,
places of worship.....................................................
library, cultural institution...........................................
1 plus 1 per 5 client residents
1 per 4 client beds
1 per 2 beds
1 per classroom
4 per classroom
1 per 10 fixed seats or 1 per 25 m2 of space for
movable seating.
1 per 20 fixed seating or 1 per 50 m2 for movable
seating.
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Commercial
retail stores ..................................................................
shopping centers..........................................................
offices..........................................................................
cafe, restaurant ............................................................
lounge, beverage room, night club ..............................
hotel or motel ..............................................................
bingo hall ...................................................................
bowling alley ..............................................................
billiard hall..................................................................
lumber yard, home improvement centre .....................
1 per 40 m2
1 per 30 m2
1 per 50 m2
1 per 4 patron seats, or 1 per 10 m2 patron space if
seating not fixed.
1 per 4 patron seats, or 1 per 10 m2 patron space if
seating not fixed.
1 per guest room or motel unit.
1 per 4 patron seats,
2 per lane
1 per table plus 1 per 4 patron seats,
1 per 50 m2
Industrial
manufacturing and processing plants ..........................
warehouse (restricted access) .....................................
1 per 60 m2
1 per 100 m2
Recreational
ice rink, curling rink, arena .........................................
gymnasium, tennis court (indoor) ...............................
fitness center ..............................................................
2 per sheet of ice, or playing field plus 1 per 10 fixed
seats
2 per court plus 1 per 10 fixed seats
1 per 30 m2
All others ...................................................................
1 per 30 m2
7.3 PAYMENT OF CASH-IN-LIEU OF REQUIRED OFF-STREET PARKING
(1) Pursuant to the Act the Development Officer may exempt any person who is required to provide off-street
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parking in a Commercial District from providing those spaces, where, instead, he pays or contracts to pay the
Municipality the sum of money calculated by multiplying the number of off-street parking spaces that would
otherwise be required to provide by the average current market value of 25 m2 of land in the area and zone of the
development as calculated by the Development Officer, or by an independent land appraiser if requested and paid
for by the applicant.
(2) The Development Officer shall record the number of spaces paid for with the parcel records and shall consider
those spaces as provided with respect to that parcel. Where a development on that parcel requires a greater
number of spaces than provided on the site either by cash-in lieu or by actual spaces on the site, only the
additional spaces will be required.
(3) Cash-in-lieu received for off-street parking spaces will not be refunded where the intensity is decreased or the
use is changed, requiring less off-street parking spaces. The spaces will continue to be considered as provided with
respect to the parcel.
(4) A person who pays, or contacts in writing to pay the required cash-in-lieu of providing off-street parking
facilities associated with a development shall be deemed to have met the off-street parking regulations for that
development.
(5) All such sums of monies shall be paid to the Municipality prior to the issuance of a development permit and
any building permit.
(6) All such sums shall be placed in an account of the Municipality used to provide public parking spaces.
7.4 OFF-STREET LOADING
(1) In any Industrial or Commercial District, where the use of a building or site involves the receipt, distribution or
dispatch of materials, goods or merchandise from vehicles, adequate space for such vehicles to stand during
loading or unloading shall be provided on the site in conformity with the following schedule:
Table 2 - Off Street Loading Space Schedule
Gross Floor Area
Loading Spaces Required (minimum)
100 m2 to 1,500 m2................................................
1,501 m2 to 3,000 m2.............................................
Over 3,000 m2......................................................
1
2
2 plus 1 for each 6000 m2 (or part thereof) over 3000 m2
(2) All off-street loading spaces shall be located on the site and be of a sufficient size so that materials and
commodities can be easily loaded or unloaded without creating interference to vehicular traffic on a public
roadway.
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8
ZONING DISTRICTS AND ZONING MAPS
8.1 CLASSIFICATION OF ZONING DISTRICTS
For the purpose of this Bylaw, the Village of Kenaston is divided into the following Zoning Districts, the boundaries
of which are shown on the 'Village of Kenaston Zoning Map'. Such Districts may be referred to by the appropriate
symbol, as shown in Table 3
Table 3 - Zoning Districts
District
Symbol
Future Urban Development
Residential
Multiple Residential
Mobile Home
Village Centre Commercial
Highway Commercial
General Industrial
Community Service
FUD
R1
R2
R3
C1
C2
IND
CS
8.2 ZONING DISTRICT MAPS
The Zoning District Map bears the statement:
"This is the Zoning District Map which accompanies and forms part of Bylaw No. XX-XX and is referred to in Section
8 adopted by the Village of Kenaston signed by the Mayor and Village Administrator under the seal of the Village."
8.3 BOUNDARIES OF ZONING DISTRICTS
(1) The boundaries of the Districts referred to in this Bylaw, together with an explanatory legend, notations and
reference to this Bylaw, are shown on the map entitled, Zoning District Map.
(2) Unless otherwise shown, the boundaries of zoning Districts are site lines, centre lines of streets, lanes, road
allowances, or such lines extended and the boundaries of the municipality.
(3) Where a boundary of a District crosses a parcel, the boundaries of the Districts shall be determined by the use
of the scale shown on the map.
(4) Where the boundary of a District is also a parcel boundary and the parcel boundary moves by the process of
subdivision, the District boundary shall move with that parcel boundary, unless the boundary is otherwise located
by amendment to the Bylaw.
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8.4 ZONING DISTRICT SCHEDULES
The uses or forms of development allowed within a Zoning District, along with regulations or standards which
apply are contained in the Zoning District Schedules. The Zoning District Schedules are contained in Section 9.
9
ZONING DISTRICT SCHEDULES
9.1 FUD - FUTURE URBAN DEVELOPMENT DISTRICT
9.1.1 PERMITTED USES
(1) Agricultural uses
a) Crop farming on an existing parcel without any buildings
b) Crop farming including a dwelling and farm buildings
(2) Public uses
a) public utilities, including , workshops, warehouses and storage Yards
b) sewage lagoons and sanitary landfills operated by a public authority
c) cemeteries
d) municipal facilities.
(3) Accessory uses that are an integral part of the principal use, and are secondary, subordinate and lesser in
extent to the principal permitted or approved discretionary use; including accessory buildings that are secondary,
subordinate and lesser in size to the principal building, but not including dwellings.
9.1.2 DISCRETIONARY USES
(1) Residential uses
a) single detached dwellings as a principle use
b) single detached dwellings accessory or ancillary to any other use.
c) home based businesses where ancillary to a dwelling
(3) Commercial Uses
a) green houses, market gardens, horticultural supply, tree and plant nurseries
b) veterinary clinics
c) private airports
d) dog kennels ancillary to a dwelling.
(4) Recreational Uses
a) golf courses
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b) sports fields
c) sports arenas
d) tourist campgrounds.
(5) Other Uses
a) billboard signs where principal or ancillary to another use
9.1.3 SITE REGULATIONS
Table 4 - FUD Site Regulations
Use
Minimum
Frontage
Minimum Site Area
Minimum Front
Yard
Minimum Side Yard
Minimum Rear Yard
Public Uses
No Requirements
Agricultural Uses:
- including dwellings or
farmsteads
30 m
16 ha
15 m
3 m
3 m
- crop farming excluding
buildings
No Requirement
No Requirement
No Requirement
No Requirement
No Requirement
Discretionary Uses:
- golf courses
30 m
16 ha
15 m
3 m
3 m
- all other discretionary
uses
30 m
5 acres
15 m
3 m
3 m
9.1.4 FUD DISTRICT SUPPLEMENTARY REGULATIONS
(1) Discretionary use criteria
Council will consider the applications for discretionary use with respect to the following criteria:
- the sewer, water, and utility servicing capacity is available to service the development without excessive impact
on other uses being served by the system
- the proposed development will be consistent with any concept plans in force in the area and will not be
inconsistent with the future use and development plans of the WaterWolf Growth Management Plan
- the development will not require the development of new streets and utility lines except as may be provided
for in existing plans under the WaterWolf Growth Management Plan
-
the proposal is not premature.
(2) Billboard signs
a) In approving a billboard sign for a vacant parcel of land Council may limit the validity of the approval to a
maximum of five years where the site is in the path of future development.
(3) Home Based Businesses
See sub section 5.3.
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(4) Single Detached Dwellings
- To recognize existing use, Council will consider building or expansion of single detached dwellings in an FUD
District on a site that holds an existing single detached dwelling.
- The approval of development of a single detached dwelling on vacant or idle land, or in a new subdivision for
large site residential use, will not be considered except in conjunction with the adoption of a concept plan to
the Official Community Plan that designates the area for large site residential use.
- Council may consider approval of a single detached dwelling accessory or ancillary to another existing use,
where the location will not interfere with future development pursuant to the WaterWolf Growth
Management Plan and any concept plan adopted under that plan. All single detached dwellings shall comply
with the standards of an R1 District except as specifically provided Section 9.1.3.
(5) Animal Kennels
See sub section 5.7
(6) Campgrounds
See sub section 5.6
(7) Signage
See Section 6
(8) Off street Parking and loading
See Section 7
9.2 R1 - RESIDENTIAL DISTRICT
9.2.1 PERMITTED USES
(1) Residential uses
a) single detached dwelling
b) family child care home where ancillary to a dwelling
(2) Recreational and public uses
a) parks, playgrounds, swimming pools
b) public utilities (excluding offices, warehouses and storage yards)
c) municipal facilities.
(3) Accessory uses that are an integral part of the principal use, and are secondary, subordinate and lesser in
extent to the principal permitted or approved discretionary use; including accessory buildings that are secondary,
subordinate and lesser in size to the principal building.
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9.2.2 DISCRETIONARY USES
(1) Residential uses
a) residential care homes
b) modular and mobile homes
c) semi-detached or duplex dwelling
d) home based business where ancillary to a dwelling.
e) bed and breakfast homes where ancillary to a dwelling.
(2) Institutional uses
a) places of worship, religious institutions.
(3) Commercial uses
a) convenience stores
9.2.3 SITE REGULATIONS
Table 5 - R1 Site Regulations
Use
Minimum
Frontage
Minimum Site
Area
Minimum
Front Yard
Minimum
Side Yard
Minimum
Rear Yard
Maximum
Height
Minimum
Floor Area
single detached dwellings,
modular homes, mobile homes
12 m with
lane; 15 m
without
360 m
2 with
lane; 450 m
2
without
7.5 m
1.2 m
1.51 m
11 m
56 m
2
semi-detached, row house
dwelling (per dwelling)*
7.5 m with
lane; 9 m
without
225 m
2 with
lane; 270 m
2
without
7.5 m
1.2 m
1.51 m
11 m
not
required
duplex
15 m with
lane, 18 m
without
450 m
2 with
lane; 540 m
2
without
7.5 m
1.2 m
1.51 m
11 m
not
required
residential care home
12 m with
lane; 15 m
without
360 m
2 with
lane; 450 m
2
without
7.5 m
1.2 m
1.51 m
11 m
70 m
2
Places of Worship, Religious
Institutions
30 m
900 m
2
7.5 m
3 m
1.51 m
not
required
not
required
convenience stores
30 m
900 m
2
7.5 m
3 m
1.51 m
11 m
not
required
Recreational and Public Uses
No
Requirements
* Where dwelling in a row house or semi detached house abuts the other dwelling at the party wall, the side yard
is requirement is not applicable
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9.2.4 R1 DISTRICT SUPPLEMENTARY REGULATIONS
(1) Accessory buildings
All accessory buildings with a door or doors opening onto the street or lane shall not be located less than 1.2
metres from the site line abutting the street or lane. All accessory buildings shall be set back at least the same
distance as the principal building from the front of the site. In the case of corner lots, the accessory building shall
be set back 1.2 metres from the site line abutting both the street and lane.
(2) Residential Care Homes
a) The maximum number of client residents shall not exceed 5.
b) Council will apply the following criteria in considering a residential care home application:
- the development will comply with the standards and criteria of Section 5.5
- the development of the business will be entirely consistent with the residential development on adjacent
parcels, except for approved signs
- the development will provide a comfortable home for the client residents.
(3) Modular and mobile Homes
a) All modular homes shall be placed on a permanent foundation at a standard comparable to a single detached
dwelling.
b) Modular homes shall be permanently connected to water and sewer services provided by the Municipality and
permanently connected as available to other public utilities.
c) Mobile homes shall be skirted with all running gear removed.
(4) Family Child Care Home
Family child care operations are limited to 5 client spaces.
(5) Bed-and-Breakfast Homes
Development of a bed-and-breakfast home shall comply with the standards and criteria of Section 5.2
(6) Home Based Business
a) Section 5.3 applies.
b) Council will apply the following criteria in considering a home based business application.
-
the development will comply with the standards and criteria of Section 5.3
- the development of the business will be entirely consistent with the residential development on adjacent
parcels, except for approved signs
- the development does not have the potential to become too large or too intrusive for a residential
neighbourhood.
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(7) Commercial and Institutional uses.
a) Council will apply the following criteria in considering a commercial or institutional use in this District:
- good access from major streets to the development will exist and the development will not cause excessive
traffic through existing low density residential areas;
- locations on major streets, on corner parcels, and at the periphery of the neighbourhood are preferred
- the development will be of a size and operation intended to serve the neighbourhood in which it is located
- the developer of the business may be required to provide a fence or other buffer to an abutting residential use.
b) Council will apply the following criteria in considering an institutional use in this District:
- locations on major streets, on corner parcels, and at the periphery of the neighbourhood are preferred. The
degree to which the development will be considered for internal areas to the neighbourhood will relate to the
size of the development and to the degree to which it serves the local neighbourhood
- significant institutional uses will be encouraged to seek sites in or abutting CS - Community Service Districts.
(8) Signage
See Section 6
(9) Off street Parking and loading
See Section 7
(10) Storage
Section 4.2.3 regulations shall apply in the R1 - Residential District.
9.3 R2 - MULTIPLE RESIDENTIAL DISTRICT
9.3.1 PERMITTED USES
(1) Residential uses
a) single detached dwellings
b) semi detached and duplex dwellings
c) family child care home where ancillary to a dwelling.
(2) Recreational and public uses
a) parks, playgrounds and swimming pools
b) public utilities (excluding offices, warehouses and storage yards)
c) municipal facilities.
(3) Accessory uses that are an integral part of the principal use, and are secondary, subordinate and lesser in
Page 46
extent to the principal permitted or approved discretionary use; including accessory buildings that are secondary,
subordinate and lesser in size to the principal building.
9.3.2 DISCRETIONARY USES
(1) Residential uses
a) multiple dwelling units
b) mobile and modular homes
c) residential care homes
d) row houses
e) dwelling groups
f) home based business where ancillary to a dwelling.
(2) Institutional uses
a) places of worship, religious institutions.
b) day care centres
c) group care facilities
(3) Commercial uses
a) convenience stores
b) gas bars where ancillary to a convenience store
9.3.3 SITE REGULATIONS
Table 6 - R2 Site Regulations
Use
Minimum
Frontage
Minimum
Site Area
Minimum
Front Yard
Minimum Side
Yard
Minimum Rear
Yard
Maximum
Height
Minimum
Floor
Area
single detached dwellings,
modular homes, mobile
homes
12 m with
lane; 15 m
without
360 m
2 with
lane; 450 m
2
without
7.5 m
1.2 m
6 m
11 m
56 m
2
semi-detached, row house
dwelling (per dwelling)*
7.5 m with
lane; 9 m
without
225 m
2 with
lane; 270 m
2
without
7.5 m
1.2 m
6 m
11 m
not
required
duplex
15 m with
lane, 18 m
without
450 m
2 with
lane; 540 m
2
without
7.5 m
1.2 m
6 m
11 m
not
required
multiple dwelling units
30 m
900 m
2
7.5 m
1.2 m
6 m
not
required
not
required
residential care home, day
care centres, group care
facilities
12 m with
lane; 15 m
without
360 m
2 with
lane; 450 m
2
without
7.5 m
1.2 m
6 m
11 m
70 m
2
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* Where dwelling in a row house or semi detached house abuts the other dwelling at the party wall, the side yard
is requirement is not applicable
9.3.4 R2 DISTRICT SUPPLEMENTARY REGULATIONS
(1) Accessory Buildings
All accessory buildings with a door or doors opening onto the street or lane shall not be located less than 1.2
metres from the site line abutting the street or lane. All accessory buildings shall be set back at least the same
distance as the principal building from the front of the site. In the case of corner lots, the accessory building shall
be set back 1.2 metres from the site line abutting both the street and lane.
(2) Subdivision of Semi Detached and Row House Dwellings.
Where compliant with the site standards, a semi detached or row house dwelling site may be subdivided along the
party walls to create a separate site for each dwelling, subject to compliance with building bylaw requirements.
(3) Residential Care Homes
a) The maximum number of client residents shall not exceed 10.
b) Council will apply the following criteria in considering a residential care home application:
- the development will comply with the standards and criteria of Section 5.5
- the development of the business will be entirely consistent with the residential development on adjacent
parcels, except for approved signs
- the development will provide a comfortable home for the client residents.
(4) Development Standards for Multiple Unit Dwellings, and Attached and Street Village House Dwellings
a) Where a concept plan has been adopted for an area, the location of all forms of multiple unit dwellings
including Villagehouses and row houses shall conform to the concept plan.
b) Council will apply the following criteria in considering a discretionary use application:
- the services available to the sites and adjacent areas will have sufficient capacity to handle the higher density
- sites will be located on corner sites or adjacent to a multiple unit dwelling, row house dwellings, or
Villagehouse development
places of Worship, Religious
Institutions
30 m
900 m
2
7.5 m
3 m
6 m
not
required
not
required
convenience stores with or
without gas bars
30 m
900 m
2
7.5 m
3 m
6 m
11 m
not
required
Recreational and Public Uses
No
Requirements
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- isolated single detached dwelling sites will not be left on a block undergoing conversion to higher density
-
good access from major streets to the development will exist and the development will not cause excessive
traffic through existing low density residential areas.
(5) Development Standards for Dwelling Groups
a) All parking areas, private garages, or vehicular access to units or sites within a dwelling group shall be from a
roadway which is common property internal to the parcel.
b) All dwelling groups shall have vehicular access to a public street from at least two points which are sufficiently
separated to provide separate access and egress in case of emergency.
c) Individual bare land units for dwellings in a bare land condominium plan, excluding parking units, service units
or common property, shall comply with the minimum site regulations for the type of dwelling to be constructed
on that unit.
d) The frontage for a bare land unit shall be defined as the unit boundary line from which primary access to the
dwelling unit is obtained whether from a street, a service unit, or common property.
e) Council will apply the following criteria in considering dwelling groups:
- the size and location of the development will be consistent with the capacity of the street system to handle the
added development. The development will not cause excessive traffic to pass through existing low density
residential areas
- the density of a dwelling group will not be significantly different from development with single principal
buildings on subdivided sites
- building separations shall meet the standards for similar residential structures on separate parcels
- bare land condominium proposals for dwelling groups will not be considered unless there is a requirement for
significant common property on the parcel.
(6) Family Child Care Home
Family child care operations are limited to 5 client spaces.
(7) Modular and mobile homes
a) All modular homes shall be placed on a permanent foundation at a standard comparable to a single detached
dwelling.
b) Modular homes shall be permanently connected to water and sewer services provided by the Municipality and
permanently connected as available to other public utilities.
c) Mobile homes shall be skirted with all running gear removed.
(8) Group Care Facilities
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a) Appropriate staff for the care of clients will be on site at all times.
b) Council may set a maximum number of residents as a condition of approval.
c) Council will apply the following criteria in considering discretionary use application
- adaptive re-use of large historic buildings is an asset
- the development will provide a comfortable home for the client residents
- appropriate measures are provided for the security and safety of clients
- the applicant provides reasonable justification why a CS District parcel is not appropriate to the application.
(9) Home Based Business
Council will apply the following criteria in considering a home based business application.
-
the development will comply with the standards and criteria of Section 5.3
- the development of the business will be entirely consistent with the residential development on adjacent
parcels, except for approved signs
(10) Commercial and Institutional uses.
a) Council will apply the following criteria in considering a commercial use in this District:
- good access from major streets to the development will exist and the development will not cause excessive
traffic through existing low density residential areas;
- locations on major streets, on corner parcels, and at the periphery of the neighbourhood are preferred
- the development will be of a size and operation intended to serve the neighbourhood in which it is located
- the developer of the business may be required to provide a fence or other buffer to an abutting residential use.
b) Council will apply the following criteria in considering an institutional use in this District:
- locations on major streets, on corner parcels, and at the periphery of the neighbourhood are preferred. The
degree to which the development will be considered for internal areas to the neighbourhood will relate to the
size of the development and to the degree to which it serves the local neighbourhood
- significant institutional uses will be encouraged to seek sites in or abutting CS - Community Service Districts.
(11) Signage
See Section 6
(12) Off street Parking and loading
See Section 7
(13) Storage
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Section 4.2.3 regulations shall apply in this district
9.4 R3 - MOBILE HOME DISTRICT
9.4.1 PERMITTED USES
(1) Residential uses
a) mobile homes in mobile home subdivisions or mobile home courts
b) family child care home where ancillary to a dwelling.
(2) Recreational and public uses
a) parks, playgrounds and swimming pools
b) public utilities (excluding offices, warehouses and storage yards)
c) municipal facilities.
(3) Accessory uses that are an integral part of the principal use, and are secondary, subordinate and lesser in
extent to the principal permitted or approved discretionary use; including accessory buildings that are secondary,
subordinate and lesser in size to the principal building.
9.4.2 DISCRETIONARY USES
(1) Residential uses
a) home based business where ancillary to a dwelling
9.4.3 SITE REGULATIONS
Table 7 - R3 Site Regulations
Use
Minimum
Frontage
Minimum
Site Area
Minimum
Front Yard
Minimum Side
Yard
Minimum
Rear Yard
Maximum
Height
Minimum
Floor
Area
Mobile homes
12 m with
lane, 15 m
without
360 m
2 with
lane, 450 m
2
without
5 m
1.2 m
5 m
11 m
56 m
2
Mobile home Courts*
45 m
40,000 m
2
7.5 m
7.5 m
7.5 m
11 m
56 m
2 for
each
mobile
home
Recreational and Public
Uses
No
Requirements
*Site regulations for mobile home courts are for the entire development.
9.4.4 R3 DISTRICT SUPPLEMENTARY REGULATIONS
(1) Accessory Buildings
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All accessory buildings with a door or doors opening onto the street or lane shall not be located less than 1.2
metres from the site line abutting the street or lane. All accessory buildings shall be set back at least the same
distance as the principal building from the front of the site. In the case of corner lots, the accessory building shall
be set back 1.2 metres from the site line abutting both the street and lane.
(2) Mobile Homes
a) Mobile homes shall be skirted with all running gear removed.
(3) Mobile and Home Courts
a) All roadways in a mobile and or modular home court shall have a minimum width of 7.5 metres.
b) Where no existing landscape features exist, or where additional landscaping is desirable, Council may through
an agreement with the developer, stipulate landscaping to be done by the developer.
c) Every mobile home, including any attached buildings or garages shall be located at least 5 metres from a
mobile home, or modular home on another site.
(4) Family Child Care Homes
Family child care operations are limited to 5 client spaces
(5) Home Based Business
a) Section 5.3 applies.
b) Council will apply the following criteria in considering a home based business application.
-
the development will comply with the standards and criteria of Section 5.3
- the development of the business will be entirely consistent with the residential development on adjacent
parcels, except for approved signs
(6) Signage
See Section 6
(7) Off street Parking and loading
See Section 7
(8) Storage
Section 4.2.3 regulations shall apply in this district
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9.5 C1 - VILLAGE CENTRE COMMERCIAL DISTRICT
9.5.1 PERMITTED USES
(1) Retail, commercial services, and office uses
a) banks, financial services, and business offices
b) bakeries with retail sales
c) broadcasting media and commercial communications studios and offices
d) bus terminals
e) cafes, restaurants, and lounges
f) construction trades, artisans, and craft shops offices and workshops
g) convenience stores
h) government and professional service offices
i) licensed beverage rooms, restaurants and lounges
j) medical, dental, and other health services offices and clinics
k) personal service establishments
l) printing and publishing offices, including related printing presses and equipment
m) retail stores
n) rental stores
o) travel agents
p) undertaking establishments
(2) Tourism, recreational, and cultural uses
a) art galleries
b) bed-and-breakfast homes subject to the requirements of Section 5.2
c) commercial entertainment establishments
d) libraries, cultural institutions
e) hotels, motels
f) museums.
(3) Transportation and vehicle sales and services
a) service stations with or without car washes
b) gas bars with or without convenience stores.
(4) Institutional and public uses.
a) community centres
b) day care centres
c) lodges, fraternal organizations, clubs
d) places of worship, religious institutions
e) public utilities
f) municipal facilities
(5) Accessory uses that are an integral part of the principal use, and are secondary, subordinate and lesser in
extent to the principal permitted or approved discretionary use; including accessory buildings that are secondary,
subordinate and lesser in size to the principal building, but not including dwellings.
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9.5.2 DISCRETIONARY USES
(1) Retail or wholesale uses
a) Mini-malls, strip malls
b) lumber yards
c) wholesale trade stores and office.
(2) Transportation and vehicle sales and services
a) Establishments for the sale, storage and servicing of motor vehicles, recreational vehicles or trailers, or farm
machinery.
(3) Residential
a) dwellings accessory to a permitted or discretionary use
b) multiple unit dwellings located above the ground floor
c) single detached dwellings subject to Section 9.5.4(6)
9.5.3 SITE REGULATIONS
Table 9 - C1 Site Regulations
Use
Minimum
Frontage
Minimum
Site Area
Minimum
Front Yard
Minimum side
and rear yard
abutting
Residential
Districts without
intervening road
or lane
Minimum Side
Yard Other
Minimum
Rear Yard
other
Maximum
Height
Retail, commercial,
service and office
uses
- undertaking
establishments
30 m
900 m
2
7.5 m
1.2 m side; 6 m
rear
1.2 m
6 m
not required
- other uses listed
in 9.6.1 (1)
7.5 m
225 m
2
not required
1.2 m side; 6 m
rear
not required
6 m
not required
- 2 or more uses
listed in 9.6.1 (1)
operating in a
single building
15 m
450 m
2
not required
1.2 m side; 6 m
rear
not required
6 m
not required
- mini malls, lumber
yards, wholesale
establishments
30 m
900 m
2
7.5 m
1.2 m side; 6 m
rear
1.2 m
6 m
not required
Tourism,
recreational and
culture use
- hotels and motels
30 m
900 m
2
7.5 m
1.2 m side; 6 m
rear
1.2 m
6 m
not required
- other uses in 9.6.1
(2)
15 m
450 m
2
not required
1.2 m side; 6 m
rear
1.2 m
6 m
not required
Page 54
Residential uses
- single detached
dwellings including
bed and breakfast
homes
15 m
450 m
2
7.5 m
1.2 m side; 6 m
rear
1.2 m
6 m
not required
- multiple unit
dwellings above
commercial
buildings
30 m
900 m
2
not required
1.2 m side; 6 m
rear
1.2 m
6 m
not required
Transportation and
vehicle sales and
services
30 m
900 m
2
7.5 m
1.2 m side; 6 m
rear
1.2 m
6 m
not required
Institutional and
Public Services
- day care centres,
lodges, fraternal
organizations, clubs
7.5 m
225 m
2
not required
1.2 m side; 6 m
rear
not required
6 m
not required
- places of worship,
religious
Institutions,
community centres
30 m
900 m
2
not required
1.2 m side; 6 m
rear
not required
6 m
not required
Utilities and
Municipal Facilities
No
Requirements
9.5.4 C1 DISTRICT SUPPLEMENTARY REGULATIONS
(1) Wholesale Trade and Lumber Yards
a) Wholesale trade and lumber yards are included to recognize existing development. Development of these uses
on other than the existing sites will be encouraged to locate on vacant land in the C2 District or on IND District
lands.
b) No outside storage is permitted for a wholesale establishment.
(2) Mini Malls
a) Council may consider a mini mall development where a major portion of an entire block is being proposed for
redevelopment.
b) Parking stalls for mini mall clients shall be accessible from the street by way of on site access lanes, and not
directly from the street.
(3) Drive through Restaurants
a) Restaurants with drive through sales shall have room on site for at least 5 cars in the ordering line. This line of
cars shall not block access to parking stalls.
b) Access and egress lanes shall not be located so as to create congestion on the adjacent streets.
Page 55
(4) Small scale Repair Trades, Artisans, and Craft Shop Offices and Workshops
a) All operations related to construction trades, artisans, and craft shop offices and workshops shall be conducted
within an enclosed building.
b) No exterior storage of materials, goods, or waste products is permitted, except within a waste disposal bin for
collection.
(4) Transportation and Vehicle Sales and Services
a) Service stations and gas bars shall be governed by Section 5.4.
b) Only corner sites may be developed for service stations or gas bars.
c) Establishments for the sale, storage and servicing of motor vehicles, recreational vehicles or trailers, or farm
machinery will be encouraged to establish on sites in the C2 District or IND District. Council will consider
development of C1 sites for these uses when replacing an existing use of a similar type.
(5) Development Standards and Criteria for Multiple Unit Dwellings Above Ground Floor
a) Multiple unit dwellings may be developed where located on a second or higher floor over office, retail,
restaurant, cafe, and personal serve uses on the main floor.
b) The parking required for the multiple unit dwelling is additional to parking for the commercial uses.
c) Council will consider discretionary use applications with respect to the following criteria:
- inclusion of ground level commercial development in the proposal
- convenience of parking
- appropriate size and quality of proposed dwelling units.
(6) Single Detached Dwellings
a) To recognize existing use, Council will only consider building or expansion of single detached dwellings in a C1
District on a site that holds an existing single detached dwelling.
b) Council may consider rezoning to a Residential District of a C1 District property is abutting a Residential District,
to accommodate new single detached dwelling development.
c) All single detached dwellings shall comply with the standards of the R1 District except as specifically provided
Section 9.6.3.
d) Where a bed-and-breakfast use ceases in the C1 District the use may be converted to a single detached
dwelling use.
(7) Accessory Dwelling Units. Attached to Stores or Commercial Establishments
a) One accessory dwelling unit accessory to a retail or commercial use listed in Section 9.6.1 (1) may be
considered by Council where the unit is used for the operator of the business to which the dwelling unit is
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accessory.
b) The accessory dwelling shall be located in the principle building.
c) Accessory dwelling units shall have an entrance separate from that of the store or commercial establishment,
and provided a fire exit secondary to the required entrance.
(8) Landscaping
Where a site abuts any Residential District without an intervening lane, within the setback shall be a strip of land
adjacent to the abutting site which shall not be used for any purpose except landscaping.
(9) Parking
See Section 7
(10) Signage
See Section 6
9.6 C2 - HIGHWAY COMMERCIAL DISTRICT
9.6.1 PERMITTED USES
(1) Commercial uses
a) auto body shops, excluding works related to auto wrecking and salvage
b) bus terminals
c) cafes and restaurants
d) car and truck washes
e) commercial entertainment establishments
f) construction trades
g) equipment and tool rental establishments
h) greenhouses, tree and plant nurseries
i) gas bars with or without confectionaries
j) hotels, motels
k) licensed beverage rooms, restaurants and lounges
l) lumber Yards, building supply and home improvement stores
m) mini malls - which may include retail stores, restaurants, cafes, personal service establishments, offices and
small animal veterinary clinics
n) motor vehicles, recreational vehicles or trailers, or farm machinery, sale, storage and servicing
o) service stations with or without car washes
p) undertaking establishments
q) veterinary clinics
r) wholesale trade establishments.
(2) Public uses
a) community centres
b) government offices.
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c) tourist information centres
d) public utilities
e) municipal facilities.
(3) Accessory uses that are an integral part of the principal use, and are secondary, subordinate and lesser in
extent to the principal permitted or approved discretionary use; including accessory buildings that are secondary,
subordinate and lesser in size to the principal building, but not including dwellings.
9.6.2 DISCRETIONARY USES
a) bulk oil dealers and chemical supply dealers
b) wholesale trade stores, offices and warehouses
c) manufacturing and processing shops and associated storage facilities wherein applicable work activities are
conducted wholly within enclosed buildings
d) single detached dwellings.
9.6.3 SITE REGULATIONS
Table 10 - C2 Site Regulations
Use
Minimum
Frontage
Minimum
Site Area
Minimum
Front Yard
Minimum Side
Yard abutting
Residential
Districts
Minimum Side
Yard other
Minimum
Rear Yard
Maximum
Height
Public Uses
- tourist information centres
- public utilities
No Requirements
- municipal facilities
Residential Uses
- single detached dwellings
15 m
450 m
2
7.5 m
1.5 m
1.5 m
6 m
no
requirement
All Other Uses
30 m
900 m
2
7.5 m
3 m
3 m
6 m
no
requirement
9.6.4 C2 DISTRICT SUPPLEMENTARY REGULATIONS
(1) Service stations and Gas Bars
a) Service stations and gas bars shall be governed by Section 5.4.
b) Establishments for the sale, storage and servicing of motor vehicles, recreational vehicles, trailers, or farm
machinery may include service stations and gas bars.
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c) Required parking and access aisles to fuel dispensing equipment may not be uses for the display of vehicles and
goods for sale.
(2) Drive through Restaurants
a) Restaurants with drive through sales shall have room on site for at least 5 cars in the ordering line and this line
of shall not block access to parking stalls.
b) Access and egress lanes shall not be located so as to create congestion on the adjacent streets.
(3) Mini Malls
a) Council will consider the appropriate separation to industrial and other uses that may be incompatible with
restaurant and retail uses and access to the site when making a discretionary use decision on a proposed mini
mall.
b) Parking stalls for mini mall clients shall be accessible from the street by way of access lanes located on the site,
and shall not be directly accessed from the street
(4) Processing and Manufacturing Operations
a) All operation with respect to processing and manufacturing shall be conducted within an enclosed building.
b) No exterior storage of materials, goods, or of waste products is permitted except within a waste disposal bin
for collection.
c) The operation shall not emit levels of noise, odour, or dust not common to the other uses in the District.
d) Council will consider appropriate separation to residences, tourist facilities, restaurants, and mini malls in
making a discretionary use decision.
(5) Bulk Oil Dealers and Chemical Supply Dealers
a) Council will consider appropriate separation to residences, tourist facilities, restaurants, and mini malls in
making a discretionary use decision.
b) Locations with direct access to a highway or highway frontage road are preferred.
(6) Single Detached Dwellings
a) To recognize existing use, Council will only consider building or expansion of single detached dwellings in a C2
District on a site that holds an existing single detached dwelling.
b) Council may consider rezoning to a Residential District of a C2 District property abutting a Residential District,
to accommodate new single detached dwelling development.
c) All single detached dwellings shall comply with the standards of the R2 District except as specifically provided in
Section 9.4.3.
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(7) Signs
Section 6 regulations shall apply in this district
(8) Parking
See section 7.
9.7 IND - GENERAL INDUSTRIAL DISTRICT
9.7.1 PERMITTED USES
(1) Commercial uses
a) auto body shops
b) bulk oil dealers and chemical supply dealers
c) custom meat cutting and packaging (excluding slaughtering)
d) car and truck washes
e) construction trades
f) equipment and tool rental establishments
g) gas bars
h) grain elevators and related grain handling facilities.
i) lumber yards, building supply and home improvement stores
j) machine shops
k) manufacturing and processing plants and associated storage facilities
l) industrial services
m) motor vehicles, recreational vehicles or trailers, or farm machinery, sale, storage and servicing
n) printers and publishers
o) railway operations
p) service stations with or without car washes
q) truck, bus and other transport terminals and yards
r) veterinary hospitals and clinics
s) wholesale trade
t) warehouses.
(2) Public uses
a) public utilities, including , workshops, warehouses and storage Yards
b) municipal facilities
(3) Accessory uses that are an integral part of the principal use, and are secondary, subordinate and lesser in
extent to the principal permitted or approved discretionary use; including accessory buildings that are secondary,
subordinate and lesser in size to the principal building, but not including dwellings
9.7.2 DISCRETIONARY USES
a) abattoirs and stock yards
b) auto wrecking yards
c) concrete manufacturing plants, and gravel yards
d) equipment maintenance and storage yards
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e) feed mills, and seed cleaning plants
f) mining and petroleum industry service
g) tanneries and hide storage establishments
h) billboard signs ancillary to other uses in this district
9.7.3 SITE REGULATIONS
Table 12 - IND Site Regulations
Use
Minimum
Frontage
Minimum
Site Area
Minimum
Front Yard
Minimum Side
Yard
Minimum
Rear Yard
Maximum
Height
Public Uses
- public utilities
No
Requirements
- municipal
facilities
All Other Uses
30 m
900 m
2
6 m
3 m
10% of the
depth of
the lot; if
site abuts
a railway,
no rear set
back is
required
Not
Required
9.7.4 IND DISTRICT SUPPLEMENTARY REGULATIONS
(1) Discretionary Use criteria
a) Council will consider the applications for discretionary use with respect to the following criteria:
-
the sewer, water, and utility servicing capacity is available to service the development without excessive
impact on other uses being served by the system
-
the potential for noise, dust, smoke and other emissions causing pollution has been effectively mitigated
- adequate separation exists from the development to residential and tourist service uses
-
access to truck routes major streets and railway transportation is appropriate to the type of development. For
agricultural product processing, railway spur sites will be considered an asset.
b) Billboard signs will be considered pursuant to the standards and criteria of Section 6.5.
(2) Storage
a) All outside storage shall be fenced and screened where abutting a residential area. All junk yards or auto
wrecking yards shall be totally enclosed by a sturdy fence built to a minimum height of 2.0 metres and
constructed of material suitable to conceal from view the materials stored on site. No materials shall be
stacked above the height of the fence.
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b) All automobile parts, dismantled vehicles, storage drums and crates, stockpiled material, and similar articles
and materials shall be stored within a building or suitably screened from public view.
(3) Service Stations
Service stations and gas bars shall be governed by Section 5.4.
(4) Access
Access to lots shall be located to ensure that heavy truck traffic are directed to designated truck routes.
(5) Signage
See Section 6
(6) Parking
See Section 7
9.8 CS - COMMUNITY SERVICE DISTRICT
9.8.1
PERMITTED USES
(1) Institutional uses
a) community centres
b) day care centres
c) group care facilities
d) hospitals, medical clinics
e) libraries and cultural institutions
f) lodges, fraternal organizations, clubs
g) law enforcement facilities
h) special care homes
i) places of worship, religious institutions
j) schools, educational institutions.
(2) Recreational facilities
a) curling and skating rinks
b) parks
c) sports fields
d) swimming pools.
(3) Public utilities and municipal facilities
a) public utilities (excluding offices, warehouses and storage yards)
b) municipal facilities
(4) Accessory uses that are an integral part of the principal use, and are secondary, subordinate and lesser in
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extent to the principal permitted or approved discretionary use; including accessory buildings that are secondary,
subordinate and lesser in size to the principal building.
9.8.2 DISCRETIONARY USES
(1) Residential
a) special needs housing
(2) Commercial use - where ancillary to a permitted or discretionary use
a) confectionaries
b) gift shops
c) snack bars, restaurants
d) personal service shops.
9.8.3 SITE REGULATIONS
Table 13 - CS Site Regulations
Use
Minimum
Frontage
Minimum
Site Area
Minimum
Front
Yard
Minimum Side Yard
Minimum
Rear Yard
Maximum
Height
Institutional Uses
- day care centres,
group care facilities,
fraternal
organizations, clubs,
15 m
450 m
2
7.5 m
1.5 m
3 m
11 m
- other institutional
uses
30 m
900 m
2
7.5 m
1.5 m
3 m
11m
Special Needs
Housing
30 m
900 m
2
7.5 m
1.5 m
3 m
11 m
Recreational uses
not including
outdoor sports fields
or parks
30 m
900 m
2
7.5 m
1.5 m
3 m
11 m
Recreational outdoor
sports fields and
parks
30 m
900 m
2
No Requirements
Public utilities, and
municipal facilities
No Requirements
9.8.4 CS DISTRICT SUPPLEMENTARY REGULATIONS
(1) Landscaping
a) A landscaped strip of not less than 3.0 metres in width throughout lying parallel and abutting the front site line
shall be provided on every site.
b) On corner lots, in addition to the landscaping required in the front yard, the whole of any required side yard
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abutting the flanking street shall be landscaped.
c) Where a site abuts any Residential District without an intervening land, there shall be a strip of land adjacent to
the abutting site line of not less than 1.5 meters through which shall not be used for any purpose except
landscaping.
(2) Joint use facilities
a) Two or more institutional uses in a CS District may be developed and operated on a single parcel where owned
and operated by public authorities.
b) To create a joint use facility, public authorities may, by agreement, join two parcels together to be considered
one parcel for the purpose of regulation under this Bylaw.
(3) Special Needs Housing
a) Council must be satisfied that the development will be used for restricted or assisted housing for seniors to
grant discretionary use approval and a reduced parking standard.
b) Proposals not meeting Clause (a) will be considered for rezoning to a Residential District if appropriate.
(4) Development Standards and Criteria for Commercial Uses
a) There will be no exterior signs or advertising of an ancillary commercial use located within an institutional use
building.
b) Council will consider discretionary use applications for ancillary commercial uses where it is satisfied that the
development will support the basic function of the institutional use.
(5) Signage
See Section 6
(6) Parking
See Section 7
(7) Storage
Subsection 4.2.2 regulations shall apply in the CS District.
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10 EFFECTIVE DATE OF THE BYLAW
10.1 REPEAL
Bylaw No. 92 and all amendments, is hereby repealed.
10.2 COMING INTO FORCE
This Bylaw shall come into force on the date of final approval by the Minister of Municipal Affairs.
__________________________________
Mayor
SEAL
__________________________________
Village Administrator
INTRODUCED AND READ a first time this 8th day of January, 2013.
READ A SECOND TIME this 12th day of February, 2013.
READ A THIRD TIME and passed this 12th day of February, 2013.