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Town of Kipling Zoning By-Law No. _____
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i
Town of Kipling Zoning By-Law No. 9-2013
Table of Contents
Table of Contents ........................................................................... i
Part 1:
Introduction ................................................................ 1
1.1.
Title .................................................................................................................. 1
1.2.
Authority ......................................................................................................... 1
1.3.
Purpose ........................................................................................................... 1
1.4.
Scope .............................................................................................................. 1
1.5.
Severability ................................................................................................... 1
Part 2:
Administration ............................................................ 2
2.1.
Development Officer ................................................................................... 2
2.2.
Council ............................................................................................................ 2
2.3.
Development Permit .................................................................................... 2
2.4.
Referrals to the Council ............................................................................... 3
2.5.
Development Permit Procedures ............................................................... 3
2.6.
Discretionary Use Application Procedure ............................................... 4
2.7.
Building Permit Requirements .................................................................... 5
2.8.
Comprehensive Development Review ...................................................... 6
2.9.
Contract Zoning ............................................................................................ 7
2.10.
Compliance with Other Bylaws ................................................................. 8
2.11.
Development Appeals Board .................................................................... 8
2.12.
Minor Variances ........................................................................................... 9
2.13.
Zoning Bylaw Compliance Certificate .................................................. 10
2.14.
Amendment of the Zoning Bylaw ........................................................... 10
2.15.
Enforcement, Offences and Penalties ................................................... 11
2.16.
Fees and Advertisements ......................................................................... 11
2.17.
Development Agreement ......................................................................... 11
2.18.
Servicing Agreements ............................................................................... 11
Part 3:
General Regulations ................................................. 13
3.1.
Accessory Buildings ................................................................................... 13
3.2.
Non-Conforming Buildings, Uses and Structures ................................. 13
3.3.
Heritage Sensitivity and Critical Wildlife Habitat ............................ 14
3.4.
Development Along Environmental and Flood Hazard Lands ......... 14
3.5.
Private Wastewater Treatment Facilities............................................. 14
3.6.
Demolition of Buildings ............................................................................. 15
3.7.
Buildings to be Moved ............................................................................. 15
3.8.
Site Development Regulations ................................................................ 15
3.9.
Signage ....................................................................................................... 18
3.10.
Parking and Loading ................................................................................ 19
3.11.
Geotechnical Analysis .............................................................................. 21
3.12.
Sight Lines ................................................................................................... 21
3.13.
Accesses and Approaches ....................................................................... 22
3.14.
Metric Conversion ...................................................................................... 22
Part 4:
Specific Regulations.................................................. 23
4.1.
Bed and Breakfast .................................................................................... 23
4.2.
Communications Towers ........................................................................... 23
4.3.
Fuel Sales .................................................................................................... 23
4.4.
Service Stations ......................................................................................... 23
4.5.
Home Occupation ...................................................................................... 24
4.6.
Home Based Business ................................................................................ 24
4.7.
Mobile Storage Containers ..................................................................... 26
4.8.
Modular Homes (Prefabricated Homes) .............................................. 26
4.9.
Place of Worship ...................................................................................... 26
4.10.
Shopping Centre ....................................................................................... 26
4.11.
Recreational Vehicles ............................................................................... 27
4.12.
Decks ............................................................................................................ 28
4.13.
Secondary Suites ....................................................................................... 28
Town of Kipling Zoning By-Law No. 9-2013 ii
4.14.
Garden Suites ............................................................................................ 28
Part 5:
Zoning District Designations .................................... 30
5.1.
Administration ............................................................................................ 30
5.2.
Large Lot Urban District (RL) ................................................................... 31
5.3.
Low Density Residential District (R1) ..................................................... 33
5.4.
Medium Density Residential District (R2) .............................................. 35
5.5.
Mobile Home Residential District (RMH) ............................................... 37
5.6.
Neighbourhood Commercial District (C1) ............................................ 39
5.7.
Highway Commercial District (C2)......................................................... 41
5.8.
Downtown Commercial District (C3) ...................................................... 43
5.9.
Light Industrial District (M1) .................................................................... 45
5.10.
Heavy Industrial District (M2) ................................................................. 47
5.11.
Community Services District (CS) ............................................................ 49
5.12.
Open Space Recreation District (OS) ................................................... 51
5.13.
Urban Reserve District (UR) ..................................................................... 53
Part 6:
Definitions ................................................................ 54
Part 7:
Effective Date of the Bylaw ...................................... 69
List of Figures
Figure 1 - Specific Sign Regulations
16
Figure 2 - Parking Space Requirements by Land Use
18
Figure 3 - Loading Space Requirements
19
Figure 4 - Permitted/Discretionary Uses in the RL District
29
Figure 5 - Development Standards in the RL District
30
Figure 6 - Permitted/Discretionary Uses in the R1 District
31
Figure 7 - Development Standards in the R1 District
32
Figure 8 - Permitted/Discretionary Uses in the R2 District
33
Figure 9 - Development Standards in the R2 District
34
Figure 10 - Permitted/Discretionary Use in the RMH District
35
Figure 11 - Development Standards in the RMH District
36
Figure 12 - Permitted/Discretionary Uses in the C1 District
37
Figure 13 - Development Standards in the C1 District
38
Figure 14 - Permitted/Discretionary Uses in the C2 District
39
Figure 15 - Development Standards in the C2 District
40
Figure 16 - Permitted/Discretionary Uses in the C3 District
41
Figure 17 - Development Standards in the C3 District
42
Figure 18 - Permitted/Discretionary Uses in the M1 District
43
Figure 19 - Development Standards in the M1 District
44
Figure 20 - Permitted/Discretionary Uses in the M2 District
45
Figure 21 - Development Standards in the M2 District
46
Figure 22 - Permitted/Discretionary Uses in the CS District
47
Figure 23 - Development Standards in the CS District
48
Figure 24 - Permitted/Discretionary Uses in the OS District
49
Figure 25 - Development Standards in the OS District
49
Figure 26 - Permitted/Discretionary Uses in the UR District
50
Figure 27 - Development Standards in the UR District
50
1
Town of Kipling Zoning By-Law No. 9-2013
Part 1:
Introduction
1.1.
Title
1.1.1.
This bylaw shall be known and may be cited as the
"Zoning Bylaw" of the Town of Kipling.
1.2.
Authority
1.2.1.
Pursuant to Section 45 of The Planning and Development
Act, 2007, the Council of the Town of Kipling hereby
adopts Zoning Bylaw (No. 9-2013) of the Town of Kipling.
1.3.
Purpose
1.3.1.
This is a bylaw to control the use and development of land
in the Town of Kipling and to assist in implementing the
Official Community Plan. In addition, the zoning bylaw
provides regulations to ensure health, safety and general
welfare of inhibitants of the Town.
1.4.
Scope
1.4.1.
All development within the limits of the Town of Kipling
shall be in conformity with the provisions of this bylaw.
1.5.
Severability
1.5.1.
If any part of this bylaw, including anything shown on the
zoning map, is declared to be invalid for any reason, by
an authority of competent jurisdiction, that decision shall
not affect the validity of the bylaw as a whole, or any
other part, section or provision of this bylaw.
Town of Kipling Zoning By-Law No. 9-2013 2
Part 2:
Administration
2.1.
Development Officer
2.1.1.
The Administrator of the Town of Kipling shall be the
Development Officer responsible for the administration of
this Bylaw and in their absence by such other employee of
the Town as the Council designates from time to time. The
Administrator may appoint a Development Officer subject
to the approval of Council to whom duties in the
administration of the Zoning Bylaw may be delegated.
2.1.2.
The Development Officer shall:
receive, record, and review development permit
a)
applications and issue decisions in consultation with
Council,
particularly
those
decisions
involving
subdivision,
rezoning,
discretionary
uses,
and
development levy agreements;
maintain, for inspection by the public during office
b)
hours, a copy of this Bylaw, zoning maps and
amendments, and ensure that copies are available to
the public at a reasonable cost;
make available, for public inspection during office
c)
hours, a register of all development permits and
subdivision applications and decisions;
collect application and development fees; and
d)
perform other duties as determined by Council.
e)
2.1.3.
The Development Officer shall be empowered to make a
decision regarding:
ensure accessibility of bylaws and amendments on the
a)
municipal website;
a development permit application for a permitted
b)
use; and
minor variances of 10% or less.
c)
2.2.
Council
2.2.1.
Council shall make all decisions regarding discretionary
uses, zoning bylaw amendments and variances of greater
than 10%.
2.2.2.
Council shall make a recommendation regarding all
subdivision applications circulated to it by the Ministry of
Municipal Affairs, prior to a decision being made by the
Minister.
2.2.3.
Council shall act on discretionary use, rezoning, and
subdivision applications in accordance with the procedures
established by The Act and in accordance with the Official
Community Plan.
2.3.
Development Permit
2.3.1.
Every person shall obtain a development permit before
commencing any development within the Town, except as
listed within this Bylaw.
2.3.2.
The application shall have attached a layout or site plan,
as required in the application form or by the Development
Officer, together with any information deemed necessary
by the Development Officer to assess the application.
2.3.3.
A development permit shall be valid for twelve (12)
months from the date of issue unless an extension has been
granted prior to its expiry.
Development Not Requiring a Permit
2.3.4.
The following forms of development shall not require a
development permit but shall conform to this Bylaw:
the erection of any fence, wall, or gate that does not
a)
exceed 1.0 m (3.3 feet) and meets all requirements
as per Section 4.12 - Fences;
the erection of a single residence satellite dish,
b)
television antennae, or radio antennae;
the construction or placement of a temporary building,
c)
the sole purpose of which is incidental to the erection
or alteration of a building for which a building permit
has been granted;
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Town of Kipling Zoning By-Law No. 9-2013
internal alterations and maintenance to a residential
d)
building, provided that the use, building footprint or
intensity of use of the building including the number of
dwelling units within the building or on the site does
not change and the alteration does not included
structural alterations;
landscaped areas, driveways and parking lots,
e)
provided the natural or designed drainage pattern of
the site and adjacent sites are not adversely
impacted; or
signs in residential districts which conform to Section
f)
3.8 - Signage.
the maintenance of a public utility by the Municipality
g)
or crown corporation
the construction of a public utility by the Municipality
h)
the installation of public utility on any street or other
i)
public right-of-way by the
Municipality
j)
a municipal facility installed and operated by the
k)
Municipality
maintenance and repairs that do not include structural
l)
alterations
the installation of accessory buildings under 10
m)
square metres
(100 sq. ft.)
n)
2.4.
Referrals to the Council
2.4.1.
The Development Officer may refer any application to
Council for a decision on the interpretation of this Bylaw or
regarding special conditions provided for in this 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.
2.5.
Development Permit Procedures
Application Process
2.5.1.
An application for a development permit shall be made in
writing to the Development Officer in the form prescribed
by Council.
2.5.2.
Unless otherwise specified in this bylaw, with every
application for a development permit, a copy of a layout,
or site plan, showing the dimensions of the site, the site
size, the location on the site of any existing and all
proposed development and the method and location of
on-site sewage disposal facilities shall be submitted for
approval to the Development Officer together with such
other information as may be required in support of the
application.
Permit Issuing Process
2.5.3.
When an application for a development permit is made
for a permitted or accessory use in conformity with this
Bylaw, The Act and all other municipal bylaws, Council
shall hereby direct the Development Officer to issue a
development permit.
2.5.4.
When an application has been made for a development
permit and prior to making a decision, the Development
Officer
may
refer
the
application
to
whichever
government departments or agencies Council may consider
appropriate. The Development Officer may also require
the application to be reviewed by planning, engineering,
legal, or other professionals, with the cost of this review to
be borne by the applicant.
2.5.5.
A development permit shall be issued for the use at the
location and under such terms and development standards
specified by the Official Community Plan and this Bylaw.
2.5.6.
The permit or notice form shall be adopted or amended
by resolution of the Council.
2.5.7.
The applicant shall be notified in writing of the decision of
their application. The applicant shall be advised of their
right to appeal a decision to the Development Appeals
Town of Kipling Zoning By-Law No. 9-2013 4
Board on a permitted or accessory use application and
any terms and conditions attached to an application.
2.5.8.
Where the Development Officer determines that a
development is being carried out in contravention of any
condition of Council's approval or any provision of the
Official Community Plan or this Bylaw, the Development
Officer may issue an order subject to the provisions of
Section 242 of The Act to suspend or revoke the
development permit and notify the permit holder that the
permit is no longer in force.
2.5.9.
Where the Development Officer is satisfied that a
development for which a permit has been suspended or
revoked will be carried out in conformity with the
conditions of the permit and the requirements of this Bylaw
the Development Officer may reinstate the development
permit and notify the permit holder that the permit is valid
and in force.
2.6.
Discretionary Use Application Procedure
Application Process
2.6.1.
Applicants must file with the Development Officer the
prescribed application form, a site plan, a written
description of the proposed development, describing the
intended use and operations, structures to be located on
the site, required municipal services, and and any other
plans and supplementary information as required by the
Development Officer and pay the required application
fee.
Permit Issuing Process
2.6.2.
The application will be examined by the Development
Officer for conformance with the Official Community Plan,
this Bylaw, and any other applicable policies and
regulations
2.6.3.
The Development Officer shall advise Council and notify
relevant agencies in a practical timeframe, as Council and
the Development Officer may consider appropriate.
2.6.4.
The Development Officer will provide written notice to all
assessed landowners adjacent to the subject property in
urban areas and will provide a minimum of 21 days from
the date of mailing for public comment prior to formal
consideration of the application by Council.
2.6.5.
The permit or notice form shall be adopted or amended
by resolution of the Council.
2.6.6.
Where an adjacent rural municipality is within the 100 m
(328.1ft) radius of a subject property, written notice shall
be provided to the municipal administration for comment.
2.6.7.
Every effort shall be made to give notice by regular mail
to all landowners in an adjacent rural municipality which is
located within the 100m (328.1ft) radius of the subject
property.
2.6.8.
Where a discretionary use is deemed by the Development
Officer to have a potential significant effect upon assessed
landowners along a transportation route the area of
notification shall be extended to include affected
landowners along this route.
2.6.9.
The Development Officer or Council may require the
application to be reviewed by planning, engineering,
legal, or other professionals, with the cost of this review to
be borne by the applicant.
2.6.10.
The Development Officer will prepare a report for Council
concerning
the
application
which
may
contain
recommendations, including recommended conditions of
approval to be applied in accordance with The Act.
2.6.11.
The Development Officer will set a date for the public
hearing at which time the application will be considered
by Council and if deemed necessary, provide notice to all
assessed landowners within 100m (328.1ft) of the subject
property within the information packages provided as part
of the notification process.
2.6.12.
Council shall consider the application together with the
reports of the Development Officer and any written or
verbal submissions received by Council or the Development
Officer.
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Town of Kipling Zoning By-Law No. 9-2013
2.6.13.
Council may approve the application, reject the
application, or approve the application with conditions,
including a condition limiting the length of time that the use
may be conducted on the site in order to secure the
objectives of this Bylaw with respect to:
the nature of the proposed site, including its size and
a)
shape
and
the
proposed
size,
shape
and
arrangement of buildings;
the accessibility and traffic patterns for persons and
b)
vehicles, the type and volume of that traffic and the
adequacy of proposed off-street parking and
loading;
the safeguards afforded to minimize noxious or
c)
offensive emissions including noise, glare, dust and
odour; or
any treatment given, as determined by Council, to
d)
aspects including landscaping, screening, open spaces,
parking and loading areas, lighting and signs, but not
including the colour, texture or type of materials and
architectural detail.
2.6.14.
Discretionary uses, discretionary forms of development,
and associated accessory uses shall conform to the
development standards and applicable provisions of the
Zoning District in which they are located.
2.6.15.
A development permit may be issued on a temporary
basis if, in Council's opinion, there is a need to consider the
effects of a development further in the future with the
benefit of direct observation.
2.6.16.
Where Council has approved a discretionary use for a
limited time as provided in this 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.
2.6.17.
Upon approval of a discretionary use by resolution of
Council, the Development Officer shall issue a development
permit for the discretionary use at the location and under
such terms and development standards specified by
Council in its resolution.
2.6.18.
The applicant shall be notified of Council's decision by
regular mail addressed to the applicant at the address
shown on the application form and the applicant shall be
advised of their right to appeal any terms and conditions
attached to the approval of a discretionary use
application to the Development Appeals Board.
2.6.19.
Council is deemed to have granted discretionary approval
to an existing permitted use or specific intensity of use, that
becomes a discretionary use as a result of the adoption or
amendment of this Bylaw, as of the date that this Bylaw or
amendment comes into effect.
Validity of Discretionary Use Approvals
2.6.20.
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.
a)
the use ceases for a 12 month period.
b)
a building required for the approved use is not
c)
started within 6 months or completed within 18
months.
the use is not started within 6 months of completion of
d)
the building.
a use not requiring construction of a building is not
e)
started within 12 months.
the applicant applies to increase the specifically
f)
approved intensity of use.
2.7.
Building Permit Requirements
2.7.1.
Nothing in this Bylaw shall exempt any person from
complying with a building bylaw or any other bylaw in
force within the Town; or from obtaining any permission
required by this or any other bylaw of the Town or the
Provincial or Federal Governments.
Town of Kipling Zoning By-Law No. 9-2013 6
2.7.2.
Where the provisions in this Bylaw conflict with those of
any other municipal, provincial or federal requirement, the
higher or more stringent standards shall prevail.
2.7.3.
A building permit, where required, shall not be issued for a
development until a development permit has been issued
as required
2.8.
Comprehensive Development Review
2.8.1.
A secondary plan is a land use plan for a specific local
area that has been identified for potential development
requiring its submission as provided within the Official
Community Plan. The purpose of this plan is to identify and
address social, environmental, health and economic issues
appropriately and to encourage the development of high
quality developments. This plan is intended to address the
following topics:
proposed land use(s) for various parts of the plan
a)
area;
the effect of proposed development on adjacent land
b)
uses;
the integration of the natural landscape regarding
c)
the planning and design of the area;
the location of, and access to, major transportation
d)
routes and utility corridors;
the provision of services, and the relationship to
e)
existing infrastructure within the Town;
sustainable
development
and
environmental
f)
management
practices
regarding
surface
and
groundwater resources, storm water management,
flooding and protection of significant natural areas;
and
appropriate supplemental information specific to the
g)
particular land use.
2.8.2.
The CDR must be prepared in accordance with the goals,
objectives and policies of the Official Community Plan.
2.8.3.
The scope and required detail of the CDR will be based
on the scale of the proposed development and its location.
2.8.4.
The following items shall be included in the preparation of
a CDR:
identification of the purpose and objectives of the
a)
proposed development including an inventory of
current land uses within the development review area
and evidence of compliance with the Official
Community
Plan
policies
and
Zoning
Bylaw
regulations.
identification of plan area characteristics including:
b)
i)
physical site characteristics, regional context, and
the size and intensity of development proposed;
ii)
an inventory of natural and heritage resources
including
screening
of
environmental,
archaeological, and historically significant areas
within and adjacent to the development;
iii) identification of potential hazard lands within the
plan area and the proposed methods of
mitigating the hazards; and
iv) identification of the potential impact of proposed
development on existing infrastructure and
adjacent land uses.
identification of the concept for development
c)
including a thorough description and explanation,
illustrations, and any technical and professional
analysis required to identify:
i)
proposed land uses;
ii)
the economic and social benefits and the impact
on the development review area and the region
providing
evidence
of
positive
community
integration;
iii) the
subdivision
design
including
phasing,
identification of natural and constructed open
space amenities, and allocation of Municipal and
Environmental Reserve;
iv) the identification of existing and required utility
capacity including but not limited to power,
7
Town of Kipling Zoning By-Law No. 9-2013
natural gas, telecommunications, water supply,
and onsite wastewater disposal systems;
v)
evidence that the carrying capacity of the soil
within the plan area is sufficient to accommodate
the proposed structures and waste water created
by the development, and that the anticipated
effect on the regional surface and groundwater
systems quantity and quality is minimized;
sufficient capacity to contain storm water and
surface runoff locally to accommodate a 1:100
year flood event, with no significant increase in
offsite flows resulting from development of the
area;
vi) the proposed buffering from, or integration with,
adjacent land uses;
vii) the impact of human activity and development on
the natural environment and plans for the
conservation, management and integration of
existing natural features within the plan area;
viii) a transportation plan for the area identifying
road requirements, major commuting routes and
the potential impact of development on current
roadway infrastructure; and
ix) the local capacity of fire and protective services,
schools and other supportive community and
recreational facilities.
The applicant shall provide evidence of significant
d)
and effective public consultation acknowledging and
attempting to incorporate the findings within the
development proposal wherever possible to ensure
that the development is perceived as beneficial to the
area. The information required as part of the review
process includes but is not limited to:
i)
submission of a consultation plan, identifying the
program and timing of consultation;
ii)
submission of a summary of findings, clearly
identifying ideas and areas of support and
challenges presented through the consultation
process; and
iii) identification of strategies to respond to the
challenges presented within the consultation, and
how potential solutions may be incorporated
within the proposal.
2.9.
Contract Zoning
2.9.1.
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.
2.9.2.
Council may in the agreement include:
a description of the proposal
a)
reasonable terms and conditions with respect to the
b)
uses of the land and buildings or forms of
development
the site layout and external design including parking
c)
areas, landscaping, and access and egress
a time limit in which the development must occur in
d)
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
e)
buildings shall be developed or used except in
accordance with the proposal, terms and conditions
and time limit prescribed in the agreement.
2.9.3.
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.
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 signingof the
agreement. The amendment of the Zoning Bylaw shall
Town of Kipling Zoning By-Law No. 9-2013 8
take effect upon registration of the interest as contained in
Subsection 2.9.8.
2.9.4.
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.
2.9.5.
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
a)
enter into a new agreement
b)
extend any time limit prescribed in an agreement.
c)
2.9.6.
The Council may declare a rezoning agreement void
where:
any of the land or buildings are developed or used
a)
contrary to the provisions of the agreement.
the development fails to meet a time limit prescribed
b)
by an agreement.
2.9.7.
Where Council voids a contract agreement, the Zoning
District of land reverts to the District in which it was before
rezoning by contract.
2.9.8.
Where the Council voids an agreement, Council will:
give notice of the cancellation and the effect of the
a)
cancellation in one issue of a newspaper circulated in
the Municipality; and
withdraw the interests registered in connection with
b)
the agreement.
2.9.9.
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.
2.10.
Compliance with Other Bylaws
2.10.1.
Errors and/or omissions by any person administering or
required to comply with the provisions of this Bylaw do not
relieve any person from liability for failure to comply with
the provisions of this Bylaw.
2.10.2.
In their interpretation and application, the provisions of this
Bylaw shall be held to be the minimum requirements
adopted for the promotion of the public health, safety,
and general welfare.
2.10.3.
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 Town or law within the
Province of Saskatchewan or Canada; or from obtaining
any license, permission, permit, authority, or approval
required by this or any other bylaw of the Town or any
law of the Province of Saskatchewan or Canada. Where
requirements in this Bylaw are in conflict with those of any
other municipal, provincial, or federal requirements, the
more stringent regulations shall prevail.
2.11.
Development Appeals Board
Establishment
2.11.1.
Council shall appoint a Development Appeals Board in
accordance with The Act within ninety (90) from the
effective date of this Bylaw in accordance with Sections 49
and 214 to 218 of the Act.
2.11.2.
The Development Appeals Board shall be composed of
five members. All vacancies, as they occur, shall be filled
by a resolution of Council.
Duties and Powers
2.11.3.
The Development Appeals Board is bound by the Official
Community Plan.
2.11.4.
The Development Appeals Board may confirm, revoke, or
vary the decision or development permit or any condition
attached to any of these, or substitute a decision or permit
that it considers advisable.
2.11.5.
The Development Appeals Board shall adhere to the
requirements of The Act.
2.11.6.
The Board shall elect one of its members as Chair, who
may administer oaths, affirmations, or declarations.
9
Town of Kipling Zoning By-Law No. 9-2013
2.11.7.
The Development Appeals Board shall keep records of its
proceedings. These proceedings shall be filed in the
municipal office and shall be a public record.
2.11.8.
Where a member of the Development Appeals Board has
a pecuniary interest in the matter before the Board, that
member is duty bound to declare a conflict of interest and
shall not take part in the proceedings or be entitled to
vote on the matter.
2.11.9.
Council may establish a separate bylaw to provide for the
payment of remuneration to the board members in any
amount that Council may determine.
Right to Appeal
2.11.10.
The Act provides the right to appeal the Zoning Bylaw
where a Development Officer:
is alleged to have misapplied the Zoning Bylaw in
a)
issuing a development permit;
Refuses to issue a development permit because it
b)
would contravene the Zoning Bylaw; or
Issue an order, based on inspection, to the owner,
c)
operator, or occupant of land, buildings, or premises
considered to contravene the Zoning Bylaw.
Appellants also may appeal where they are of the
d)
opinion that development standards prescribed by
the Town with respect to a discretionary use exceed
those necessary to secure the objectives of the Zoning
Bylaw and the Official Community Plan. This right of
appeal extends thirty days after the issuance or
refusal of a development permit or order.
The Development Officer shall make available to all
e)
interested persons copies of the Development
Appeals
Procedures
Handbook
outlining
the
procedures and fees associated with filing an appeal.
2.12.
Minor Variances
2.12.1.
A minor variance may be granted for the relaxation of the
minimum required distance of a building from a lot line.
2.12.2.
The maximum amount of a minor variance shall be 10%
variation from the requirements of this Bylaw.
2.12.3.
The development must conform to all other requirements of
this Bylaw.
2.12.4.
The relaxation of the bylaw requirement must not
injuriously affect a neighbouring property.
2.12.5.
No minor variance shall be granted for a discretionary use
or form of development in connection with an agreement
to rezone pursuant to The Act.
2.12.6.
An application form for a minor variance shall be in a
form prescribed by the Development Officer and shall be
accompanied by the required fee.
2.12.7.
Upon receipt of a minor variance application the
Development Officer may:
approve the minor variance;
a)
approve the minor variance and impose terms and
b)
conditions on the approval; or
refuse the minor variance.
c)
2.12.8.
Terms and conditions imposed by the Development Officer
for a minor variance shall be consistent with the general
development standards in this Bylaw.
2.12.9.
Where a minor variance is refused, the Development
Officer shall notify the applicant in writing, providing
reasons for the refusal.
2.12.10.
Where a minor variance is approved, with or without terms
and conditions, the Development Officer shall provide
written notice to the applicant and to the assessed owners
of the property having a common boundary with the
applicant's land that is the subject of the approval.
2.12.11.
The written notice shall contain:
a summary of the application;
a)
reasons for and an effective date of the decision;
b)
notice that an adjoining assessed owner has 20 days
c)
to lodge a written objection with the Development
Officer, which, if received, will result in the approval
of the minor variance being revoked; and
Town of Kipling Zoning By-Law No. 9-2013 10
where there is an objection and the approval is
d)
revoked, the applicant shall be notified of the right to
appeal to the Development Appeals Board.
2.12.12.
A decision to approve a minor variance, with or without
terms and conditions, does not take effect until 23 days
from the date the notice was mailed.
2.12.13.
If an assessed owner of a property having an adjoining
property with the applicants land objects to the minor
variance in writing to the Development Officer within the
prescribed 20 day time period, the approval is deemed to
be revoked and the Development officer shall notify the
applicant in writing:
of the revocation of the approval; and
a)
of the applicant's right to appeal the revocation to
b)
the Development Appeals Board within 30 days of
receiving the notice.If an application for a minor
variance is refused or approved with terms or
conditions, the applicant may appeal to the
Development Appeals Board within 30 days of the
date of that decision.
2.13.
Zoning Bylaw Compliance Certificate
2.13.1.
The Development Officer may issue a Zoning Bylaw
Compliance Certificate for any use, building or structure
which is in conformance with this Bylaw or is deemed to be
a legal non-conforming use, building or structure.
2.13.2.
The applicant for a Zoning Bylaw Compliance Certificate
shall provide the Development Officer with any
information that may be required, including information on
the existing and past use of the land or buildings on the
property, and a Real Property Report prepared by a
registered
Saskatchewan
Land
Surveyor
where
applicable.
2.14.
Amendment of the Zoning Bylaw
2.14.1.
Council may amend this Bylaw at any time, upon its own
initiative or upon request, provided that the amendments
are in keeping with the intent of the Official Community
Plan.
2.14.2.
Council shall require applicants requesting an amendment
to this Bylaw, or approval of a discretionary use that
Council wishes to advertise prior to issuance of
advertisement of the application in addition to the
required application fee.
2.14.3.
Where an application is made to rezone land to permit
the carrying out of a specified proposal, the Town may,
for the purpose of accommodating the request, enter into
an agreement with the applicant pursuant to The Act.
2.14.4.
The following provisions shall apply in the review of
applications for rezoning by agreement:
Terms of Agreement: The Town may enter into an
a)
agreement with the applicant setting out a description
of the proposal and reasonable terms and conditions
with respect to:
i)
the uses of the land and buildings and the forms
of development;
ii)
the site layout and external design, including
parking areas, landscaping, and entry and exit
ways; and
iii) any other development standards considered
necessary to implement the proposal, including
all appropriate standards from the requested
zoning district.
Use Limitations: The Town may limit the use of the land
b)
and buildings to one or more of the uses permitted or
discretionary in the requested zoning district.
2.14.5.
A zoning designation which is subject to an agreement
entered into pursuant to the provisions of The Act shall be
indicated on the Zoning Map by the addition of the bylaw
number authorizing the agreement after the zoning district
designation.
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Town of Kipling Zoning By-Law No. 9-2013
2.15.
Enforcement, Offences and Penalties
Inspection
2.15.1.
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 of inspection.
Order by the Development Officer
2.15.2.
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.
2.15.3.
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.
2.15.4.
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.
2.15.5.
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.
2.15.6.
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.
Penalties
2.15.7.
Any person who violates this Bylaw may be charged and
liable on summary conviction to the penalties in The Act.
2.16.
Fees and Advertisements
2.16.1.
Council shall by Bylaw establish a fees schedule for
amendment to Zoning Bylaw including contract zoning
applications, development permit applications, minor
variances and related advertising requirements.
2.17.
Development Agreement
2.17.1.
Where development requiring a permit is proposed in the
absence of subdivision that results in additional capital
costs incurred by the Town, the developer shall be
required to enter into a development agreement to
address the specifications of the development and
provisions for payment of any levies deemed necessary by
Council pursuant to the provisions of The Act.
2.18.
Servicing Agreements
2.18.1.
Where a development proposal involves a subdivision, the
Town may require a developer to enter into a servicing
agreement to ensure appropriate servicing pursuant to The
Act, Council may direct the Administration to vary the
agreement on a case-by-case basis, or not require it.
2.18.2.
The agreement may provide for:
specifications for the installation and/or construction
a)
of all services within the proposed subdivision as
required by Council;
for the payment by the applicant of fees that Council
b)
may establish as payment in whole or in part for the
capital cost of providing, altering, expanding or
upgrading sewage, water, drainage and other utility
services, municipal roadway facilities, or park and
recreation space facilities, located within or outside
the proposed subdivision, and that directly or
indirectly serve the proposed subdivision;
time limits for the completion of any work or the
c)
payment of any fees specified in the agreement,
which may be extended by agreement of the
applicant and the Town;
Town of Kipling Zoning By-Law No. 9-2013 12
provisions for the applicant and the Town to share the
d)
costs of any work specified in the agreement; and
any assurances as to performance that Council may
e)
consider necessary.
13
Town of Kipling Zoning By-Law No. 9-2013
Part 3:
General Regulations
3.1.
Accessory Buildings
3.1.1.
Subject to all other requirements of this Bylaw, an
accessory building, use or structure is permitted in any
district when accessory to an established principal use
which is permitted or discretionary use in that same district,
when the accessory use is a permitted or discretionary use
in that same district; and for which a development permit
has been issued.
3.1.2.
No accessory building or structure may be constructed,
erected or moved on to any site prior to the time of
construction of the principal building to which it is accessory
unless the accessory building is essential for the completion
of the construction of the principal building and where a
building and development permit for the principal use has
been issued.
3.1.3.
Where a building on a site is attached to a principal
building by a solid roof or by structural rafters, and where
the solid roof or rafters extend at least one third of the
length of the building wall that is common with the
principal building, the building is deemed to be part of the
principal building.
3.1.4.
Accessory buildings attached to the principal dwelling will
be considered part of the principal dwelling and shall
comply with the regulations applicable to the principal
building for the applicable land use district.
3.1.5.
Accessory structures in non-residential districts are subject
to the development regulations for that district.
Location and Size of Accessory Buildings
3.1.6.
Accessory buildings shall be subordinate to and located on
the same lot as the principal use.
3.1.7.
Accessory buildings on corner lots shall be subject to the
side and front yard requirements of the principal building
on those lot sides which abut streets.
3.1.8.
Accessory buildings shall not be permitted in any required
front yard.
3.1.9.
Detached accessory buildings in a residential district shall
be subject to the following requirements, unless the district
already has front, rear and side yard requirements for
that specific building:
Minimum front yard - the front building line of the
a)
principal building
Minimum rear yard - 1m (3.3ft)
b)
Minimum side yard - 1m (3.3ft)
c)
3.1.10.
Accessory buildings in a residential district that exceed
66.9m2 (720ft2) shall be considered a discretionary use.
3.2.
Non-Conforming Buildings, Uses and
Structures
3.2.1.
Any use of land or any building or structure lawfully
existing at the time of passing of this Bylaw that is
rendered non-conforming by the enactment of this Bylaw
or any subsequent amendments, may be continued,
transferred, or sold.
3.2.2.
An existing non-conforming use or intensity of use may be
continued if the use conformed to this Bylaw that was in
effect at the time of the development and has not been
discontinued for 12 consecutive months.
3.2.3.
Non-conforming buildings or sites may continue to be used,
maintained, and repaired in their present form.
3.2.4.
No enlargement, additions, or reconstruction of a non-
conforming use, building, or structure shall be undertaken,
except in conformance with Section 90 of The Act.
3.2.5.
Beyond the provision of accessible municipal records, the
burden of establishing that a use, building, or structure was
lawfully established and remains as a legal non-
conforming use, building, or structure shall be upon the
owner of the use, building or structure.
Town of Kipling Zoning By-Law No. 9-2013 14
3.3.
Heritage Sensitivity and Critical Wildlife
Habitat
3.3.1.
Where development is proposed in an area identified as
containing critical wildlife habitat or heritage sensitive
areas, the Development Officer may require the applicant
provide additional information as required by any other
relevant provincial regulations.
3.4.
Development Along Environmental and
Flood Hazard Lands
3.4.1.
Development or subdivision proposed on or within 30 m
(100 ft) of the crest of a slope greater than 20% shall
require supporting evidence of slope stability by a
Professional Engineer licensed to practice in the Province of
Saskatchewan.
3.4.2.
The Development
Officer,
in consultation with a
geotechnical engineer, may impose special conditions on a
development permit, including but not limited to,
engineered footings or specialized drainage and or septic
systems in an effort to protect against erosion and or
stability of the bank.
3.4.3.
Trees or vegetation shall not be cleared from any land
within 20 m (66 ft) of any watercourse, water body,
escarpment, or of the crest of a slope greater than 20%,
where the removal could have a negative impact on the
water body or bank stability.
3.4.4.
Any development including new buildings or additions to
new buildings in the flood way of the 1:500 year flood
elevation of any water course or water body will be
prohibited.
3.4.5.
Where a site borders on or contains a water body or low
lying area, the setback from the bank of the water body
shall be determined by the Town but shall not be less than
30 m (98.4 ft) from the top of the bank of a water body
of 8 ha (20 acres) or more. In addition, the Development
Officer, may require the applicant to submit a report by a
registered Professional Engineer licensed to practice in the
Province of Saskatchewan, to establish the 1:500 year
flood plain line outlining the developable area within the
site and require flood proofing of new buildings and
additions to buildings to an elevation 0.5m above the
1:500 year flood elevation of any watercourse or water in
the flood fringe.
3.5.
Private Wastewater Treatment Facilities
3.5.1.
Private wastewater treatment facilities are not permitted
in areas of the Town which are serviceable from existing
municipal wastewater lines.
3.5.2.
The Development Officer, in conjunction with appropriate
provincial regulatory agencies, shall determine the
suitability of a site proposed for subdivision to
accommodate a private wastewater treatment system
within the subdivision review process.
3.5.3.
A development permit shall not be issued for a residential
development, which does not have access to municipal
wastewater facilities, until all appropriate permits have
been obtained from appropriate provincial regulatory
agencies and all Municipal standards have been met for
the private wastewater treatment system.
3.5.4.
Individual property owners are solely responsible for all
fees associated with the inspection of individual
wastewater disposal systems by a contracted, licensed
professional.
3.5.5.
Subdivision proposed for vacant lot which does not have
access to municipal wastewater facilities will only be
approved subject to the condition that inspection
conducted in consultation with appropriate regulatory
agencies and other qualified professionals shows the site is
suitable for the proposed private wastewater treatment
facilities.
3.5.6.
Subdivision proposed for a lot containing residential
development, otherwise known as a lot split, will only be
approved subject to the condition that an inspection is is
conducted in consultation with appropriate regulatory
15
Town of Kipling Zoning By-Law No. 9-2013
agencies and other qualified professionals which shows
that any existing private wastewater treatment facilities
are functioning properly.
3.5.7.
Where an inspection report indicates that an individual
onsite wastewater disposal system is not functioning
properly, the property owner is responsible for
undertaking all necessary improvements or repairs in a
timely manner at his or her own expense.
3.6.
Demolition of Buildings
3.6.1.
No building shall be decommissioned or removed from a
property within the area covered by this Bylaw without
first
obtaining
a
development
permit
from
the
Development Officer.
3.6.2.
An application shall be submitted to the Development
Officer along with any required fees and deposits
including an explanation of the means by which it shall be
decommissioned and disposed.
3.6.3.
A building shall not be decommissioned or removed from a
property until the Development Officer is satisfied that
there are no debts or taxes in arrears or taxes outstanding
with respect to the building or land on which the building is
situated.
3.6.4.
The Development Officer may require a deposit equal to
the costs of restoring the site after the building has been
demolished or removed to such condition that it is, in the
opinion of the Development Officer, not dangerous to
public safety.
3.6.5.
Upon completion of the demolition, the applicant shall
notify the Development Officer to arrange for an
inspection of the premises. If in the opinion of the
Development Officer, the debris has been properly
disposed of and the site has been restored to a condition
satisfactory to the Development Officer, the sum
deposited, or portion thereof, shall be refunded.
3.7.
Buildings to be Moved
3.7.1.
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.
3.8.
Site Development Regulations
Permitted Yard Encroachments
3.8.1.
The following shall not be considered in the determination
of setback distances within any yard:
uncovered and open balconies, terraces, verandas,
a)
and patios having a maximum projection from the
main wall of 1.8 m (6 ft.) into any required front or
rear yard;
window sills, roof overhangs, eaves, gutters, bay
b)
windows, chimneys, and similar alterations projecting
a distance of 0.6 m (2 ft.) into any required yard.
Uses of Objects Prohibited or Restricted in Yards
3.8.2.
No development or use of land which requires the disposal
of solid waste, liquid waste, gaseous waste or clean fill
shall be permitted unless it has received all required
federal, provincial or municipal approvals.
3.8.3.
The storage of chemicals, fertilizers, and combustible
materials are subject to the requirements of both the
Federal and Provincial Governments. All necessary
requirements and permits must be met and obtained prior
to the storage of hazardous substances.
Grading and Levelling of Sites
3.8.4.
The Development Officer may require, as a condition of
approval for a development permit, that an applicant
submit a lot grading and drainage plan to the Town for
approval.
3.8.5.
Where a proposed development alters site drainage
potentially affecting adjacent or downstream properties,
Town of Kipling Zoning By-Law No. 9-2013 16
the applicant shall be required to submit an engineered
design for the proposed drainage works incorporating
sufficient capacity to accommodate surface water runoff
for a 1:100 year storm event with no incremental increase
in offsite flows in excess of what would have been
generated from the property prior to the new
development.
3.8.6.
Where a storm retention pond is proposed to manage
surface water runoff and the retention pond does not have
a defined offsite outlet or relies primarily on evaporation
to recharge the pond's holding capacity, the pond shall be
designed to accommodate an additional 25% storage
capacity above the 1:100 year storage requirement.
3.8.7.
Drainage works shall be constructed at the owner's
expense to provide for adequate surface water drainage
that does not adversely affect adjacent properties, or the
stability of the land.
3.8.8.
All
excavations
or
filling
shall
be
re-vegetated
immediately after other construction activities conclude,
with a suitable ground cover as may be necessary to
prevent erosion.
3.8.9.
Where excavation or filling is proposed for any
development in an area identified as a floodplain area,
the Development Officer may consult and request
comments from the Saskatchewan Watershed Authority
prior to making a decision on the development permit
application.
3.8.10.
All topsoil from an area that is to be re-graded must be
stripped, stockpiled, and replaced on the re-graded area,
or re-located to a site approved by the Development
Officer.
Landscape Design and Maintenance
3.8.11.
All sites at all times shall be maintained clean and free
from waste and debris.
3.8.12.
The outdoor storage or collection of goods and materials
in a front yard in any residential district which, in the
opinion of the Development Officer, is unsafe, unsightly, or
adversely affects the amenities of the zoning district is
prohibited.
3.8.13.
The
Development
Officer
may
require
that
site
landscaping be provided in conjunction with, and
addressed as part of any development permit approval in
any zoning district and shall reflect the character and
amenity of the neighbourhood.
Outdoor Storage
3.8.14.
Outdoor storage is permitted in a side or rear yard in a
residential district only when the goods or materials being
stored are clearly accessory, temporary and incidental to
the principal use of the property and properly screened
where deemed necessary by the Development Officer.
3.8.15.
The Development Officer when considering a development
permit application for uses which involve the outdoor
storage of goods, machinery, vehicles, motors, building
materials, waste materials and other similar uses may
impose conditions requiring the use and maintenance of
landscaping, berming, fencing, vegetation or other
screening of a location, length, thickness, type, height and
extent that is considered necessary to buffer the proposed
development from adjacent or neighbouring land uses.
3.8.16.
All bulk outdoor storage of waste materials, unfinished
goods, or unsightly elements shall be enclosed by
buildings, or screened by landscape features, fences, or a
combination thereof of above of at least 2 metres in
height.
Commercial and Industrial Landscape Requirements
3.8.17.
The requirements contained herein shall apply to all new
development on previously undeveloped commercial or
industrial lands, where a change in the principal land use is
proposed, or where in the opinion of the Development
Officer that new development significantly increases the
intensity of use on the lands.
3.8.18.
Every attempt should be made to preserve and protect
existing trees and vegetation during construction.
17
Town of Kipling Zoning By-Law No. 9-2013
3.8.19.
Development permit applications shall include a landscape
plan to clearly indicate and accurately identify the
following:
a site plan drawn to scale, including dimensions and
a)
distances, a north arrow and necessary interpretive
legends;
boundaries and dimensions of the site; location and
b)
name of adjacent streets;
location of all buildings or structures and all structure-
c)
to-property line setbacks distances;
location and type of all light fixtures both attached
d)
and detached;
the location of all attached and detached signage;
e)
location of off-street parking and loading areas;
f)
location of proposed screening including materials
g)
and height;
type and quantity of existing plant materials to be
h)
retained;
location of all soft landscaping proposed, identifying
i)
the common and botanical name, location, quantity
and spacing;
3.8.20.
any other information requested by the Development
Officer to accurately and thoroughly evaluate the
proposed development. All plant material shall be hardy
and of a species capable of healthy growth in the Town of
Kipling.
3.8.21.
The owner of the property, or his agent, or tenant shall be
responsible for the maintenance of all landscaping. Plants
shall be maintained in good condition so as to present a
healthy, neat, and orderly appearance and shall be kept
free from refuse, debris, and weeds.
3.8.22.
Plants, trees and vegetation which are required by the
approved landscape plan and which are diseased or have
died shall be replaced with like kind and size in a timely
manner.
3.8.23.
An applicant shall be required to enter into an agreement
with the Town to ensure the landscape plan complies with
all relevant requirements of this Bylaw.
3.8.24.
A development permit shall not be issued until all
landscape requirements are complied with in accordance
with the approved landscape plan.
3.8.25.
All landscaping requirements shall be completed in
accordance with the municipally approved scheduled date
of completion.
3.8.26.
Any significant changes to an approved landscape plan
must be authorized by the Development Officer.
Commercial and Industrial Lighting
3.8.27.
All outdoor lighting for any development shall be located
and arranged so that:
no direct rays of light are directed at any adjoining
a)
properties;
it does not interfere with the use and enjoyment of
b)
neighbouring lands;
create unnecessary light pollution; or
c)
interfere with the effectiveness of any traffic control
d)
devices or the vision or safety of motorists.
3.8.28.
Appropriate lighting of commercial and industrial
development shall be undertaken to provide security and
to add visual interest. Lighting standards and fixtures shall
be of consistent design and complimentary to the overall
architecture.
Building Height
3.8.29.
All building heights must conform to the building height
regulations within the subject land use zone.
3.8.30.
In determining whether a development conforms to the
maximum height permitted in any district, structures such as
industrial processing towers, chimney stacks, monuments,
steeples, elevator housings, roof stairway entrances,
ventilating equipment, skylights, or flagpoles for federal,
provincial, or municipal flags shall not be considered for
the purpose of determining the height.
Town of Kipling Zoning By-Law No. 9-2013 18
3.9.
Signage
3.9.1.
No building, or lot shall be used and no sign shall be
erected, altered, enlarged or maintained upon any
property, lot, premise or street in any district, by any
person, except in conformity with regulations outlined in
the following sections:
3.9.2.
The provisions of these regulations shall not be construed
as to limit or interfere with the erection and maintenance
on public streets, public lanes or public places of signs
which are designed and intended for the safety or
protection of the health and general welfare of the public,
which are essentially for the maintenance and protection or
efficient operation of public service and public property or
which are primarily intended for direction of the public
and identification of establishments or places of public
service which are clearly not operated for the purpose of
gain.
On any lot in any Residential District or Urban
a)
Reserve District, signs are only permitted as
follows:unless
otherwise
provided,
only
one
permanent sign is permitted on any lot or building;
up to two temporary signs bearing notice of sale or
b)
lease, sale of produce or other information relating to
a temporary condition affecting the property:
unless otherwise provided, permanent signs shall be
c)
fascia signs affixed to the principal building;
the maximum fascia area of any sign in any
d)
residential district is 0.5 m2 (5.8 ft2) unless otherwise
specified;
the maximum height of freestanding signs is 2.5m
e)
(8.2ft); and
where permitted, freestanding signs are to be located
f)
at least 3 m from any lot lines and not within any sight
line triangle.
3.9.3.
Dwelling, multiple unit and non-residential uses may erect
two signs, subject to the following:
one sign may be freestanding; and
a)
one sign may have a fascia area not exceeding
b)
2.2m2 (24.8ft2).
3.9.4.
All signs shall be located wholly within the lot and shall not
create visual obstructions or jeopardize public safety.
3.9.5.
In Commercial and Industrial Districts the following
regulations apply:
other than billboard signs, only signs advertising the
a)
principal use of the lot or building, or the principal
products offered for sale may be located on any lot.
illuminated signs shall have an internal light source or
b)
an external light source shielded so that the light is
directed at the face of the sign.
all signs shall provide a minimum clearance of 3m
c)
(9.8ft) between the bottom of the sign and a street or
sidewalk.
All signs except for canopy signs shall be located
d)
wholly within the lot lines of the lot in which they are
located.
The sign shall be located a minimum distance of 1m
e)
(3.3ft) from any lot line and shall not be located
within a sight line triangle.
Specific Sign Regulations are found in Figure 1.
f)
Figure 1 - Specific Sign Regulations
Sign Type
Regulations
Fascia Sign
For signs under 300mm (15.7in) in depth, the
sign shall not extend past the edges of the wall
on which it is attached or painted and the area
shall not exceed 20% of the area of the wall to
which it is attached.
Canopy Sign
No part of the sign shall extend past the edges
of the awning, canopy or freestanding canopy
on which it is attached or painted.
Roof Sign
Maximum fascia area of 20 m2 (233.3ft2)
except 2m2 (23.3ft2)in the Downtown
Commercial Districts.
The sign shall not project more than 4.5m
19
Town of Kipling Zoning By-Law No. 9-2013
(14.8ft) above the roof.
Projecting
Sign
The maximum projection from a wall is 2.2m
(7.2ft).
The maximum fascia area is 4m2 (46.7ft2)except
in the Downtown Commercial District where the
sign shall not exceed 2m2 (23.3ft2).
The height of the top of the projecting sign shall
be higher than the top of the wall to which it is
attached.
Freestanding
Sign
The maximum total fascia area shall not exceed
40m2 (431ft2) provided that no single face of
such sign exceeds 20m2 (215ft2) in area.
The maximum height is 12.6m (41.34ft).
Billboard
Sign
The maximum total fascia area including both
faces of the sign shall not exceed 40m2 (431ft2).
3.10.
Parking and Loading
3.10.1.
Parking and loading facilities shall not be used for
driveways, access or egress, commercial repair work, or
the display, sale or storage of goods of any kind.
3.10.2.
Required parking and loading facilities shall provide for
and
include
an
adequate,
safe
and
convenient
arrangement of vehicular points of ingress or egress,
driveways, internal roadways, aisles and ramps, unloading
and loading of motor vehicles all in relation to buildings
and entry points to buildings on the site.
3.10.3.
Where a proposed development will, from time to time,
require pick-up or delivery of commodities, it may be
required that adequate space for loading and unloading
be provided and maintained on the site to the satisfaction
of the Development Officer.
3.10.4.
A loading space shall be designed and located so that all
vehicles using that space can be parked and maneuvered
entirely within the bounds of the site without backing to or
from adjacent streets, except in the Downtown Commercial
District, where it can happen on the public street during
limited time periods.
3.10.5.
Parking stalls and loading spaces shall be so constructed
that:
every access to an off-street parking space or
a)
loading area shall be hard-surfaced if the access is
from a street or public lane that is hard-surfaced;
adequate access to, and exit from, each stall is
b)
provided at all times by means of maneuvering aisles
designed to the satisfaction of the Development
Officer; and
curb cuts will be provided and located as necessary
c)
to the satisfaction of the Development Officer.
3.10.6.
Parking lot design shall ensure that all grades and
drainage shall dispose of surface water. In no case shall
grades be established that would permit surface drainage
to cross any sidewalk or site boundary without the
approval of the Development Officer.
Parking Area Provisions
3.10.7.
The parking facility shall be located on the same site as
the use for which it is intended. It shall be developed such
that:
it is reasonably accessible to the use and vehicles it is
a)
intended to serve;
it includes appropriately landscaped areas and
b)
pedestrian walkways to the satisfaction of the
Development Officer;
all parking facilities shall be maintained to the
c)
satisfaction of the Town by the owner of the property;
each parking space within a parking facility shall be
d)
a minimum of 2.5 metres (8.2 ft) wide and 6 metres
(19.7 ft) long except that parallel parking spaces
shall be a minimum of 6.5 metres (21.3 ft) long;
where two or more uses are permitted on any one site
e)
the off-street parking requirements for each use shall
be calculated as if each is a separate use and the
total number of off-street parking spaces so
calculated shall be provided, excepting the provisions
specifically referred to in the previous subsection
Town of Kipling Zoning By-Law No. 9-2013 20
unless the applicant can demonstrate that the two uses
will have different peak parking periods and would
be appropriate for shared parking arrangements;
and
3.10.8.
Every on-site parking or loading area that is illuminated
shall have all lighting positioned in such a manner that light
falling onto abutting properties is minimized.
3.10.9.
Any off street parking facility shall be developed to the
satisfaction of the Development Officer within 1 year of
the completion of the development for which the
development permit was issued.
3.10.10.
Parking space requirements are outlined in Figure 2.
Figure 2 - Parking Space Requirements by Land Use
Use
Spaces Required
Dwelling, Multiple Unit
1.24 parking spaces
for each dwelling unit
Dwelling (all other), including
modular homes and mobile
homes
1 parking space per
dwelling unit and
rentable unit
Day Care Centre
1 parking space for
every 3 employees plus
1 parking space for
every 12 children
Bed and Breakfast
One (1) parking space
per guest room plus
one (1) parking space
for the residential
dwelling unit
Commercial, Retail and
Commercial, Large Format
One (1) parking space
for every 18 m² (194
ft²)
of gross floor area.
Food Service, Lounge
1 parking space for
every 17 m2 (183ft2) of
building floor area
Home Based Business, Minor
One (1) parking space
per two (2) employees
plus one (1) parking
space for the
residential dwelling unit
Home Based Business, Major
One (1) parking space
per two (2) employees
plus one (1) parking
space for the
residential dwelling unit
Industrial, General; Warehouse
Sales
1 parking space for
every 46m2 (495ft2) of
building floor area, or
1 parking space for
each 3 employees,
whichever is greater
Place of Worship Community Centres and other placesof
One (1) parking space
for every 9 m² (97 ft²)
of gross floor area
devoted to public use,
or one parking space
for each six (6) seats
provided for patrons;
whichever is greater.
Recreation, Passive; Recreation,
Active; Recreation, Commercial;
Sports Arena
One (1) parking space
for every 18 m² (194
ft²) of gross floor area.
Where the use does not
include measurable
floor space within an
acceptable principal
building, parking
requirements shall be
determined by Council
on a case to case basis
based upon projected
peak use and typical
use parking
requirements.
Hotels, Motels and Dwelling,
Rooming
1 parking space for
each rentable unit
21
Town of Kipling Zoning By-Law No. 9-2013
Hospital, Nursing Home,
Personal Care Home, Residential
Care Facility,
1 parking space for
every 3 employees,
plus 1 visitor parking
space for every 6 beds
Campground, Warehouse,
Wholesale Establishment
1 parking space for
every staff member
School (high school)
1 parking space for
each staff member, plus
3 parking spaces for
each classroom or
instructing area
School (other)
1 parking space for
each staff member
Loading
3.10.11.
The minimum size of an off street loading space shall be
17m2 (183ft2).
3.10.12.
In Commercial, Industrial and Downtown Revitilization
Districts, where the use of a building or lot involves the
receipt, distribution or dispatch by vehicles of materials,
goods or merchandise, adequate space for such vehicles to
stand for loading and unloading shall be provided on the
lot or on the land adjacent to the building in conformity
with Figure 3.
Figure 3 - Loading Space Requirements
3.11.
Geotechnical Analysis
3.11.1.
Geotechnical Analysis will be required prior to issuance of
a development permit or subdivison approval if the
proposed development is to be located on a site that may
be subject to:
flooding;
a)
earth movement or instability; or
b)
is otherwise unsuitable for development or hazardous
c)
for the proposed use.
3.11.2.
The geotechnical report shall be completed and approved
by
a
Professional
Engineer
in
the
Province
of
Saskatchewan.
3.11.3.
The report shall indicate the suitability of the site and may
indicate appropriate remedial measures for the site.
3.11.4.
Remedial measures may be specified as conditions in the
development permit.
3.12.
Sight Lines
3.12.1.
Every site shall provide a clear line of sight for motorists
and pedestrians:
approaching a street intersection; and
a)
exiting from driveways, walkway or lanes onto a
b)
street.
3.12.2.
On a corner lot in any district, no hedge, planting, tree,
fence or other structure not being a building shall be
erected, placed, or maintained within the triangular area
formed by the intersecting property lines and the straight
line joining said property lines at points which are 7.5m
(24.6ft) distant from the point of intersection, measured
along said property lines, to a height greater than 1.0
metres.
3.12.3.
Exceptions may be considered for existing or planned
encroachments where traffic speed or regulation (signage)
can be adjusted to provide safe intersection visibility or
where an engineering study recommends alternatives
acceptable to Council.
Gross Floor Area
Spaces Required
93m2 to 1,300m2
(1,001ft2 to 13,994ft2)
1 loading space
1,301m2 to 2,787m2
(13,995ft2 to 30,000ft2)
2 loading spaces
Over 2,787m2 (30,000ft2)
2 loading spaces plus 1
additional loading space for
each 6503m2 (70,000ft2) over
2,787m2 (30,000ft2)
Town of Kipling Zoning By-Law No. 9-2013 22
3.12.4.
Fences constructed along any property line outside of a
clear sight line triangle shall be fully contained within the
property boundaries.
3.12.5.
Trees or shrubs planted near or parallel to any site line
outside of a clear sight line triangle shall be setback
sufficiently from the site line to eliminate overhang outside
of the property boundaries.
3.13.
Accesses and Approaches
3.13.1.
Development adjacent to a provincial highway shall meet
all provincial regulations respecting access to and the
location of structures on the site.
3.13.2.
A development permit shall not be issued for any use
unless the site intended to be used, or upon which a
building or structure is to be erected, abuts, or has
frontage on a Town roadway or provincial highway.
3.13.3.
All site access from municipal roadways shall be to the
satisfaction of the Town Engineer with respect to location,
design, and construction standards. The Town Engineer
shall take into account safety and the physical capability
of roads that are proposed to serve the development.
3.13.4.
All approaches shall be constructed in accordance with the
engineering standards of the Town or as authorized by the
Town Engineer.
3.14.
Metric Conversion
3.14.1.
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.
23
Town of Kipling Zoning By-Law No. 9-2013
Part 4:
Specific Regulations
4.1.
Bed and Breakfast
4.1.1.
Bed and breakfasts may be located in a detached one
unit dwelling or in a two-unit dwelling. No exterior
alterations shall be undertaken which would be inconsistent
with the residential character of the building or property.
4.1.2.
Bed and breakfasts shall be located in a dwelling used as
the operator's principal residence.
4.1.3.
Bed and breakfasts shall be licensed by the Ministry of
Health and shall have a fire safety inspection report issued
prior to occupancy as a bed and breakfast home.
4.1.4.
The Development Officer may specify the maximum
number of approved guest rooms. Any increase in number
of guest rooms shall require a new development permit.
4.1.5.
Off street parking will be provided in accordance with
Section 3.10 - Parking and Loading.
4.1.6.
One sign identifying the bed and breakfast home will be
permitted in accordance with Section 3.9 - Signage.
4.2.
Communications Towers
4.2.1.
These regulations apply to all communication towers.
4.2.2.
A development permit is required to erect any
communications tower.
4.2.3.
These regulations supplement the regulations of the
Department
of
Communications
(Canada)
for
the
construction or modification of radio communication
antenna support structures.
4.2.4.
At the discretion of the Development Officer, no
communication tower will be located where it may impact
operations at the Airport located east of the Town.
4.2.5.
At the discretion of the Development Officer, where the
location may have a negative impact on adjacent land
uses height restrictions may be applied as a condition of
approval of a development permit.
4.2.6.
Communication towers shall be set back from other on-site
and off-site towers, supporting structures and surrounding
structures far enough so that one tower will not strike
another tower, supporting structure or other building if the
structure fails.
4.2.7.
Ground mounted support structures shall not be permitted
in the front yard area.
4.2.8.
Where communication antenna support structures are
principal uses on a site a chain-link fence of not less than
2.5 m (8.2 ft.) high shall be provided around the structure
and all access shall be provided through a locked gate.
4.3.
Fuel Sales
4.3.1.
Where operated as the principal use on a lot, gas bars
are subject to regulations and standards governing service
stations.
4.3.2.
Where a gas bar is allowed to operate in conjunction with
another use on a lot, the following standards and
regulations apply:
All fuel pumps and above ground storage tanks shall
a)
be placed and constructed in conformance with
Provincial regulations but shall not be placed less than
5m (16.4ft) from any building or the lot line or street.
The lot shall have at least two separate accesses at
b)
least 15m (49.2ft) apart.
Access and parking for the fuel pumps shall not
c)
obstruct access to other required off-street parking
spaces on the lot.
4.4.
Service Stations
4.4.1.
On a corner lot, only one access shall be constructed on the
flankage, at least 6m (19.7ft) from intersecting street
corners.
4.4.2.
Fuel pumps and other apparatus for dispensing or storage
of fuel, located above ground level, shall be placed and
constructed in conformance with Provincial regulations but
Town of Kipling Zoning By-Law No. 9-2013 24
shall not be placed less than 6m (19.7ft) from any lot line
or street.
4.4.3.
All automobile parts, dismantled vehicles, and similar
articles or equipment are to be stored within a building or
screened from public view.
4.4.4.
All parts of the lot to which vehicles have access are to be
hard surfaced and drained.
4.5.
Home Occupation
4.5.1.
Notwithstanding other provisions of this Bylaw, a home
occupation is subject to the following development
standards:
The operation of the home occupation shall be
a)
subordinate and incidental to the principal use of the
site as a resident occupied residence.
The use shall be conducted entirely within the
b)
residential dwelling unit and shall not have any
exterior evidence of a secondary use on the site.
4.5.2.
There shall be no outside storage or exterior display of
goods, materials, or equipment associated with the
applied use.
4.5.3.
The use shall not create or become a public nuisance.
4.5.4.
The character of the district in which the home occupation is
located shall not be disturbed by dust, noise, smoke or
smell generated by the use.
4.5.5.
Only the residents of the residential dwelling unit shall be
employed in the home occupation.
4.5.6.
The use shall not generate substantially more traffic and
parking than is normal for the district in which the use is
located.
4.5.7.
No use requiring electrical or mechanical equipment shall
cause a substantial fire rating change in the structure or
the district in which the home occupation is located.
4.5.8.
The use shall be valid only for the period of time the
property is occupied by the applicant for such use.
4.5.9.
All permits issued for a home occupation shall be subject to
the condition that the development permit may be revoked
at any time subject to the provisions of Section 242 of The
Act, if in the opinion of the Development Officer, the
operation has not met the regulations and standards
applicable to home occupations contained in this Bylaw, or
the special standards applied at the time of approval.
4.5.10.
No external advertising shall be permitted relating to a
home occupation.
4.5.11.
No client visits are permitted.
4.6.
Home Based Business
4.6.1.
The operation of the home based business shall be
subordinate and incidental to the principal use of the site
as a resident occupied agricultural or country residence.
4.6.2.
External advertising shall be in accordance with signage
requirements provided in the General Regulations.
4.6.3.
The use shall not create or become a public nuisance.
4.6.4.
No use shall cause an increase in the demand placed on
one or more utilities (water, sewer, electricity, telephone,
garbage, etc.) such that the combined total consumption
for a residential dwelling unit and its home based business
substantially exceeds the average for residential dwelling
units in the area.
4.6.5.
The use shall not generate substantially more traffic and
parking than is normal for the district in which the use is
located.
4.6.6.
Offsite parking shall not be allowed.
4.6.7.
The character of the district in which the home based
business is located shall not be disturbed by dust, noise,
smoke or smell generated by the use.
4.6.8.
An applicant shall be required to enter into a development
agreement with the Municipality to ensure the home based
business complies with all relevant requirements of this
Bylaw.
4.6.9.
No use requiring electrical or mechanical equipment shall
cause a substantial fire rating change in the structure or
the district in which the home based business is located.
25
Town of Kipling Zoning By-Law No. 9-2013
4.6.10.
The use shall be valid only for the period of time the
property is occupied by the applicant for such use. Council
may place a limit on the time period for the approval of
the discretionary use.
4.6.11.
All permits issued for a home based business shall be
subject to the condition that the development permit may
be revoked at any time subject to the provisions of Section
242 of The Act, if in the opinion of Council, the operation
has not met the regulations and standards applicable to
home based businesses contained in this Bylaw, or the
special standards applied by Council at the time of
approval.
4.6.12.
Council shall place any additional conditions for approval
deemed necessary based upon a specific application to
secure the objectives of this Bylaw.
Home Based Business, Minor
4.6.13.
In addition to the requirements identified in 4.6.1 to
4.6.12, a Minor Home Based Business shall comply with the
following:
a Minor Home Based Business shall not occupy more
a)
than 25% of the gross cumulative floor area of the
principal dwelling and accessory buildings;
any storage of materials or goods related to the
b)
operation of the home based business must be
located
within
the
principal
dwelling
and/or
accessory
building(s).
No
outdoor
storage
is
permitted;
up to 8 onsite client visits per 24 hour period in the RL
c)
District or up to four (4) on site client visits per 24 hour
period in all other districts shall be permitted;
a Minor Home Based Business shall be operated by
d)
the permanent resident(s) of the principal dwelling,
and no more than 2, non-resident on site employees;
and
up to 1 commercial vehicle used in association with a
e)
Minor Home Based Business may be parked and/or
stored on site.
Home Based Business, Major
4.6.14.
In addition to the requirements identified in Section 4.6.1
to 4.6.12, a Major Home Based Business shall comply with
the following:
A Major Home Based Business shall not occupy more
a)
than 40% of the gross cumulative floor area of the
principal dwelling and accessory buildings.
Outside storage of goods, materials, commodities or
b)
finished
products,
where
permitted
by
the
development officer:
shall satisfy the minimum setback requirements for
c)
buildings in the district
shall not exceed 10% site coverage;
d)
may require the use and maintenance of landscaping,
e)
berming, fencing, vegetation or other screening of a
location, length, thickness, type, height and extent that
is considered necessary to buffer the proposed
development from adjacent or neighbouring land
uses; and
shall not be permitted in the front yard.
f)
Up to 10 onsite client visits per 24 hour period in the
g)
RL District or up to 6 on site client visits per 24 hour
period in all other districts shall be permitted.
A Major Home Based Business shall be operated by
h)
the permanent resident(s) of the principal dwelling,
and no more than four 4, non-resident on site
employees.
Up to 2 commercial vehicles used in association with a
i)
Major Home Based Business may be parked, stored
and/or maintained on site. On-street parking of
commercial vehicles use in association with a Major
Home Based Business shall not be permitted.
The Major Home Based Business use shall not
j)
generate noise, smoke, steam, odour, dust, fumes,
exhaust, vibration, heat, glare, refuse matter and
storage
of
hazard
or
combustible
materials
considered offensive or excessive by the Council.
Town of Kipling Zoning By-Law No. 9-2013 26
4.7.
Mobile Storage Containers
4.7.1.
The following regulations apply to all shipping containers,
also know as shipping containers and sea cans.
4.7.2.
Mobile Storage Containers may be used as an Accessory
Building in the following zones:
M1 - Light Industrial District,
a)
M2 - Heavy Industrial District.
b)
4.7.3.
Mobile Storage Containers may be used in the approved
zoned areas subject to the following conditions:
The units must be properly anchored to avoid
a)
movement or tipping and shall not be stacked one on
top of another,
The units must be a minimum of 3 meters from the
b)
primary building and must be located behind the rear
wall of the primary building and where possible
visually hidden from any public roadway.
The units must be kept in good shape and sightly as
c)
determined by the Development Officer. Containers
determined by the Town to be unsightly, misused,
unsafe, or inappropriate in any way must be removed
at the owner's expense within a time period specified
by the Town.
4.7.4.
Mobile Storage Containers shall not be allowed in
Residential Districts and shall not be used as a dwelling.
4.8.
Modular Homes (Prefabricated Homes)
4.8.1.
All modular homes shall be placed on a permanent
foundation comprised of a full or partial basement and/or
concrete or preserved wood grade beam/pile structure,
such foundation being not less than 600 millimeters above
recommended or established grade. The basement wall
and grade beam support shall be attached to the
perimeter of the building.
4.8.2.
All modular homes shall be a minimum double wide unit
and
shall
have
architectural
features
similar
or
complementary to character in that district.
4.8.3.
Modular homes shall be permanently connected to water
and sewer services provided by the municipality and any
other public utilities that may be acquired by the owner or
occupant serving the dwelling.
4.8.4.
All other development requirements for the district in which
the modular home is located apply notwithstanding the
above regulations.
4.9.
Place of Worship
4.9.1.
Places of worship shall be located on a corner lot or sites
designated for places of worship or in such a manner as to
not adversely affect adjacent development.
4.9.2.
The parking area is to be drained, landscaped and to be
screened from abutting residential lots to the satisfaction
of the Development Officer.
4.9.3.
Shared parking opportunities should be considered in
order to minimize the total area dedicated to surface
parking as places of worship often have predicable peak
parking hours.
4.9.4.
On street parking shall be allowed for peak hour parking
times in order to minimize the total area dedicated to
surface parking.
4.10.
Shopping Centre
4.10.1.
The development of a shopping centre is subject to the
following:
The minimum lot area is 1,000m2 (10,764ft2);
a)
The maximum lot coverage is 50% as long as all
b)
parking requirements are met as per Section 3.9 -
Parking and Loading;
Access is to be gained from an arterial street or a
c)
service road;
Access points shall be at least 30m (98.4ft) apart.
d)
The lot shall be graded to provided drainage as
e)
approved by the Town Engineer;
Parking areas are to be hard surfaced with asphalt
f)
and clearly marked.
27
Town of Kipling Zoning By-Law No. 9-2013
4.11.
Recreational Vehicles
Off-Street Parking
4.11.1.
Any recreational vehicle may be parked in front, rear and
side yards on a residential site, subject to the following
conditions:
such vehicles will only be permitted in the front yard
a)
from May 1st to October 31st of any given year;
such vehicles must be parked or kept on a
b)
private driveway or other hard surface;
a maximum of two (2) vehicles will be permitted on
c)
any given site;
the storage of any recreational vehicle will not
d)
interfere with any triangular sight lines or impede the
safety of the traveling public;
all portions of the unit are set back a minimum of 1 m
e)
from the interior edge of the sidewalk, or where there
is no sidewalk the interior edge of the curb; and
if located in the front yard the unit(s) shall be parked
f)
perpendicular to the front lot line.
4.11.2.
A maximum of two unlicensed or licensed recreational
vehicles may be kept on a residential site from November
1st to April 30th of any given year, if stored within a
garage or enclosed carport or fully covered.
On-street Parking
4.11.3.
Any recreational vehicles may be parked on the street
from May 1st to October 31st of any given year, subject to
the following conditions:
such vehicles do not exceed a maximum of 48 hours
a)
located on the street, after which time such vehicles
must be relocated off-street for 48 hours before
being parked again on the street;
such vehciles meet all provincial requirements for use
b)
on public roads including licensing and safety
standards;
the storage of any recreational vehicle will not
c)
interfere with any triangular sight lines or impede the
safety of the traveling public; and
4.11.4.
such vehicles must be parked directly in front of and within
the owner's property line. Fences
4.11.5.
A development permit is required prior to the erection or
construction of a fence if the height of the fence is to
exceed 2.0 m (6.5 ft.).
4.11.6.
A fence or hedge may be constructed along a boundary
line of a site subject to all other provisions within this bylaw
including Section 3.11 - Sight Lines.
4.11.7.
Unless otherwise provided in this Bylaw the height of any
fence in the RL, R1, R2 or RMHS Districts, to be measured
as the elevation from the ground to the top of the fence or
wall, shall not be:
higher than 2.0 m (6.5 ft.) in side yards and rear
a)
yards;
higher than 1.0 m (3.2 ft.) in front yards;
b)
higher than 1.0 m (3.2 ft.) in side yards which are
c)
within 1.5 m (4.9 ft.) of any roadway; and
higher than 1.0 m (3.2 ft.) within 6.0 m (19.6 ft.) of
d)
the intersection of highways and/or roads.
4.11.8.
The height of a fence in an Industrial District, Commercial
District or in an Urban Reserve District shall be as
determined by the Development Authority.
4.11.9.
No exclusively barbed wire fences shall be permitted in the
Town unless used for agricultural purposes. Barded wire
fences shall be constructed as part of the top a chain link
fence fence contructed to a height not below 2.0 m (6.5 ft.).
4.11.10.
Fences comprised of barbed wire shall only be allowed
within the M1 and M2 district for security purposes as
determined appropriate by the Development Officer.
4.11.11.
No electrification of fences shall be allowed except at the
discretion of the Development Officer, where the fence is:
necessary for an agricultural operation; and
a)
the site does not abut an R1, R2 OR RHMS District.
b)
Town of Kipling Zoning By-Law No. 9-2013 28
4.11.12.
The Development Authority may require that a fence or
other screen be provided to a height of at least 1.5 m (4.9
ft.) surrounding the following where they would be visible
from a road or from an adjacent dwelling:
outdoor storage areas;
a)
garbage collection areas; and
b)
loading or vehicle service areas.
c)
4.11.13.
The design, materials used and transparency of any new
fence constructed will be in line with the existing character
of the district at the discretion of the Development Officer.
4.12.
Decks
4.12.1.
A deck must:
meet the required front yard setback of the principal
a)
building;
be located at least 1.0 m from the side property line;
b)
not be located within any sight lines as per Section
c)
3.11 - Sight Lines; and
be located at least 3.0 m from the rear property line.
d)
4.12.2.
When a deck becomes covered or enclosed it shall be
considered an addition to the principal building and is
required to meet the district requirements for the principal
building.
4.13.
Secondary Suites
4.13.1.
No person shall construct, cause to be constructed, or
use a secondary suite within a principal residential
dwelling unit unless otherwise permitted within this Bylaw.
4.13.2.
A secondary suite shall constitute a set of living
quarters within a principal building whether occupied or
not, containing independent and physically separate
sleeping, sanitary and kitchen facilities. Kitchen facilities
include but are not limited to cabinets, refrigerators, sinks,
stoves, ovens, microwave ovens or any other cooking
appliances.
4.13.3.
A secondary suite shall:
contain at least two rooms in which a bedroom,
a)
cooking facilities and a bathroom are provided; and
have full utility services through service connections
b)
from the principal dwelling.
4.13.4.
The minimum floor area for a secondary suite shall be
30.0 m² (322.9 ft²).
4.13.5.
The maximum floor area of a secondary suite shall be as
follows:
for a secondary suite located completely below the
a)
first storey of a single detached dwelling (other than
stairways or a common landing), the gross floor area
(excluding the area covered by stairways) shall not
exceed the floor area of the first storey of the
associated principal dwelling;
for a secondary suite developed at grade, or
b)
completely/partially above grade, the floor area
(excluding the area covered by stairways) shall not
exceed 50% of the total gross floor area of the first
storey of the associated principal dwelling.
4.13.6.
The separate entrance to the secondary suite shall be
accessed either from a common indoor landing or directly
from the side or rear of the building.
4.13.7.
A secondary suite shall be developed in such a manner
that the exterior of the principal building containing the
secondary suite shall appear as a single dwelling.
4.13.8.
A secondary suite shall not be subject to separation from
the principal dwelling through a condominium conversion or
subdivision.
4.14.
Garden Suites
4.14.1.
Evidence shall be provided by the applicant to the Town
that the occupant(s) of the garden suite require care
and support provided by the residents of the principal
residential dwelling unit, or are required to provide care
and support to residents of the principal residential
dwelling unit.
29
Town of Kipling Zoning By-Law No. 9-2013
4.14.2.
The floor area of a garden suite shall not be less than 35
m² (375 ft²) and not exceed the total floor area of the
principle dwelling.
4.14.3.
The maximum height of a garden suite shall not exceed
5.2 m (17 ft) and shall have only one storey.
4.14.4.
A garden suite shall only be located on a site where it
can be serviced by existing utilities.
4.14.5.
The garden suite shall not:
unduly interfere with the amenities or change the
a)
character of the neighbourhood;
materially interfere with or affect the use and
b)
enjoyment of adjacent properties;
result in excessive demand on municipal services,
c)
utilities or municipal roadway access.
4.14.6.
Any approval of a garden suite shall be for a maximum
period of 5 years and may be renewed at the discretion
of Council providing the requirements of this Bylaw
continue to be met.
4.14.7.
An applicant shall be required to enter into a
development agreement with the Municipality to ensure
the garden suite complies with all relevant requirements
of this Bylaw .
4.14.8.
The Development Officer or Council shall place any
additional conditions for approval deemed necessary
to secure the objectives of this Bylaw.
Town of Kipling Zoning By-Law No. 9-2013 30
Part 5:
Zoning District Designations
5.1.
Administration
5.1.1.
For the purpose of applying this bylaw, the Town is
divided into zoning districts.
5.1.2.
The boundaries of the zoning districts are shown on the
Zoning Map in Appendix I which are attached to and form
part of this bylaw. Unless otherwise shown on the map, the
boundaries of the said districts are site lines, center lines or
streets, lands, roads or such lines extended and the
boundaries of the Town.
5.1.3.
Regulations for the zoning districts are outlined in the
following sections.
31
Town of Kipling Zoning By-Law No. 9-2013
5.2.
Large Lot Urban District (RL)
Intent
5.2.1.
The intent of the Large Lot Urban District is to allow large
lot residential areas that may or may not have municipal
servicing.
Regulations
5.2.2.
The uses that are considered in the RL District are outlined
in Figure 4- Permitted/Discretionary Uses in the RL District.
5.2.3.
The development standards in the RL District are outlined in
Figure 5 - Development Standards in the RL District
Figure 4 - Permitted/Discretionary Uses in the RL District
Principal Uses
Permitted/Discretionary
Bed and Breakfast
D
Dwelling, Mobile Home
P
Dwelling, Modular
P
Dwelling, Semi-Detached
D
Dwelling, Single Detached
P
Municipal Facility
P
Home Occupation
P
Nursing Home
D
Place of Worship
D
Personal Care Home
D
Public Works
P
Kennel
D
Accessory Uses
The following uses are permitted and discretionary accessory uses.
Buildings, structures or uses secondary and subordinate to, and
located on the same lot with the principal permitted or discretionary
use shall be considered accessory uses.
Day Care Home
D
Home Based Business, Major
D
Home Based Business, Minor
P
Garden Suite
P
Secondary Suite
P
Shipping Container
P
Storage, Indoor
P
Storage, Outdoor
D
Tree Nursery
D
Wind Energy Converter System
D
Town of Kipling Zoning By-Law No. 9-2013 32
Figure 5 - Development Standards in the RL District
Min. Site Area
0.3 ha
Max. Site Area
N/A
Setbacks
Front Yard
8m
Side Yard
3m
Rear Yard
8m
Min. Floor Area
82 m2
Max. Height
10m
Max. Site Coverage
N/A
Min. Frontage
30m
Other Regulations
5.2.4.
No building or structure intended to house or shelter
animals, allowed under the Animal Keeping Bylaw, shall
be located within 15 m (49.2ft) or any residential dwelling
or lot line.
5.2.5.
Subject to all applicable regulations within Part 3 -
General Regulations and Part 4 - Specific Regulations.
33
Town of Kipling Zoning By-Law No. 9-2013
5.3.
Low Density Residential District (R1)
Intent
5.3.1.
The intent of the Low Density Residential District is to allow
a variety of low density housing types such as single-
detached and semi-deatched dwellings, maintain existing
low density housing stock and to ensure that residential
development is compatible with adjacent residential and
non-residential developments.
Regulations
5.3.2.
The uses that are considered in the R1 District are outlined
in Figure 6 - Permitted/Discretionary Uses in the R1 District
5.3.3.
The development standards in the R1 District are outlined
in Figure 7 - Development Standards in the R1 District.
Figure 6 - Permitted/Discretionary Uses in the R1 District
Principal Uses
Permitted/Discretionary
Bed and Breakfast
D
Convenience Store
D
Cultural Institution
P
Dwelling, Modular
P
Dwelling, Semi-detached
P
Dwelling, Single Detached
P
Dwelling, Rooming House
D
Municipal Facility
P
Nursing Home
D
Personal Care Home
D
Place of Worship
D
Public Works
P
Accessory Uses
Permitted/Discretionary
The following uses are permitted and discretionary accessory uses.
Buildings, structures or uses secondary and subordinate to, and located
on the same lot with the principal permitted or discretionary use shall be
considered accessory uses.
Day Care Home
D
Home Occupation
P
Home Based Business, Minor
D
Secondary Suite
P
Sign, Fascia
P
Town of Kipling Zoning By-Law No. 9-2013 34
Figure 7 - Development Standards in the R1 District
Requirement
Single Detached
Dwelling
Semi-Detached
Dwellings
Other
Uses
Min. Site Area
360 m2
(3874 ft2) with
lane, 450 m2
(4842 ft2)
without lane
225 m2 (2421
ft2) per unit with
lane, 315 m2
(3390 ft2) per
unit without lane
450 m2
(4842 ft2)
Max. Site Area
N/A
N/A
N/A
Setbacks
Front Yard
6 m (20 ft.)
6 m (20 ft.)
7.5 m
(24.5 ft.)
Side Yard
1.2 m (4 ft.), or
4 m (13.1 ft.) if
flanking a road
1.2 m (4 ft.), or
4 m (13.1 ft.) if
flanking a road
3.5 m
(11.5 ft.)
Rear Yard
8 m (26.5 ft.)
8 m (26.5 ft.)
7.5 m
(24.5 ft.)
Min. Floor Area
75 m2 (807 ft.2)
50 m2 (538 ft2)
75 m2
(807 ft2)
Max. Height
10.5 m (34.5 ft.)
10.5 m (34.5
ft.)
N/A
Max Site Coverage
40%
50%
50%
Min. Frontage
15 m (49.5 ft.),
or 12 m (39.5
ft.) with lane
10.5 m (34.5
ft.) per unit, or
8.5 m (28 ft.)
per unit with
lane
15 m (49.5
ft)
Other Regulations
5.3.4.
Subject to all applicable regulations within Part 3 -
General Regulations and Part 4 - Specific Regulations.
5.3.5.
Requirements for parks, playground and public works are
at the discretion of the Development Officer
35
Town of Kipling Zoning By-Law No. 9-2013
5.4.
Medium Density Residential District (R2)
Intent
5.4.1.
The intent of the Medium Density Residential District is to
allow a variety of medium density housing types such as
row housing and multi-family low rise apartment buildings
in a manner that respects the low density residential
character of existing neighbourhoods. Other low density
residential options such as single detached and semi-
detached dwellings are also permitted in this zone.
Regulations
5.4.2.
The uses that are considered in the R2 District are outlined
in Figure 8 - Permitted/Discretionary Uses in the R2
District.
5.4.3.
The development standards in the R2 District are outlined
in Figure 9 - Development Standards in the R2 District.
Figure 8 - Permitted/Discretionary Uses in the R2 District
Principal Uses
Permitted/Discretionary
Club
D
Convenience Store
D
Cultural Institution
P
Day Care Centre
D
Dwelling, Modular
D
Dwelling, Multiple Unit
P
Dwelling, Semi-detached
P
Dwelling, Single Detached
D
Dwelling, Row Housing
P
Dwelling, Rooming House
D
Municiapl Facility
P
Residential Care Facility
D
Accessory Uses
Permitted/Discretionary
The following uses are permitted and discretionary accessory uses.
Buildings, structures or uses secondary and subordinate to, and
located on the same lot with the principal permitted or discretionary
use shall be considered accessory uses.
Day Care Home
D
Home Occupation
P
Home Based Business, Minor
D
Municipal Facility
P
Nursing Home
P
Personal Care Home
D
Place of Worship
D
Public Works
P
Secondary Suite
D
Sign, Fascia
P
Town of Kipling Zoning By-Law No. 9-2013 36
Storage, Indoor
D
Figure 9 - Development Standards in the R2 District
Min. Site Area
Dwelling, Single Detached
360 m2
(3874 ft2) with lane, 450 m2
(4842 ft2) without lane
Dwelling, Semi-Detached
225 m2 (2421 ft2) per unit
with lane, 315 m2 (3390 ft2)
per unit without lane
Dwelling, Townhouse
200 m2 (2150 ft2) per unit
Dwelling, Multiple Unit
800 m2 (8611 ft2)
Max. Site Area
N/A
Setbacks
Front Yard
4.5 m (15 ft.), or 6 m (19.5 ft.)
where there is a front garage
or
6 m (20 ft.)
Side Yard
1.2 m (4 ft.), or 4 m (13 ft.) if
flanking a road , or half the
average building height,
whichever is greater, and 0.0
m along the common wall
Rear Yard
8 m (26.5 ft.)
Min. Floor Area
Dwelling, Single Detached
75 m2 (807 ft.2)
Dwelling, Semi-Detached;
Dwelling, Townhouse
50 m2 (538 ft.2) per unit
Dwelling, Multiple Unit
40 m2 (430 ft.2 ) per unit
Max. Height
Dwelling, Single Detached;
Dwelling, Semi-detached;
10.5 m (34.5 ft.)
All other Dwellings
14 m (46 ft.)
Max. Site Coverage
Dwelling, Single Detached;
Dwelling, Townhouse
40%
Dwelling, Semi-Detached;
Dwelling, Multiple Unit
50%
Min. Frontage
Dwelling, Single Detached
15 m (49 ft.)
Dwelling, Semi-Detached
8.5 m (28 ft)
Dwelling, Townhouse
7 m (23 ft.)
Dwelling, Multiple Unit
20 m (65.5 ft.)
Other Regulations
5.4.4.
Subject to all applicable regulations within Part 3 -
General Regulations and Part 4 - Specific Regulations.
5.4.5.
Requirements for uses not listed in Figure 10- Development
Standards in the R2 District are at the discretion of the
Development Officer.
5.4.6.
Dwelling, Multiple Unit, Convenience Stores and Places of
Worship are to be located on corner lots, where possible,
to ensure adequate access and traffic flow.
5.4.7.
Parking areas for Clubs, Dwelling, Multiple Unit,
Convenience Stores Nursing Homes and Places of Worship
are to be located in side or rear yards and shall be
screened from adjacent residential areas.
37
Town of Kipling Zoning By-Law No. 9-2013
5.5.
Mobile Home Residential District (RMH)
Intent
5.5.1.
The intent of the Mobile Home Residential District is to
provide for the appropriate placement of mobile homes in
a mobile home park or mobile home subdivision setting
and maintain residential character of the neighbourhood.
Regulations
5.5.2.
The uses that are considered in the RM District are outlined
in Figure 10 - Permitted/Discretionary Use in the RMH
District.
5.5.3.
The development standards in the RM District are outlined
in Figure 11 - Development Standards in the RMH District.
Figure 10 - Permitted/Discretionary Use in the RMH District
Principal Uses
Permitted/Discretionary
Convenience Store
D
Dwelling, Mobile Home
P
Dwelling, Modular
P
Municipal Facility
P
Public Works
P
Accessory Uses
Permitted/Discretionary
Day Care Home
D
Home Occupation
D
Sign, Fascia
P
Town of Kipling Zoning By-Law No. 9-2013 38
Figure 11 - Development Standards in the RMH District
Min. Site Area
360 m2 (3 875 ft2) or, 2.0 ha for
Mobile Home Park
Max. Site Area
N/A
Setbacks:
Front Yard
6 m (19.5 ft.)
Side Yard
1.2 m, or 4m if flanking a road
Rear Yard
3 m (10 ft.)
Min. Floor Area
N/A
Max. Height
10 m (33 ft.)
Max. Site Coverage
40%
Min. Frontage
15 m (49.2 ft.0
.
Other Regulations
5.5.4.
Subject to all applicable regulations within Part 3 -
General Regulations and Part 4 - Specific Regulations.
5.5.5.
All Mobile Homes must have Canadian Standards
Association certification.
5.5.6.
All Mobile Homes shall be skirted from the floor level to
ground level with a material consistent with the finish of the
Mobile Home.
39
Town of Kipling Zoning By-Law No. 9-2013
5.6.
Neighbourhood Commercial District (C1)
Intent
5.6.1.
The intent of the Neighbourhood Commercial District is to
provide
suitable
areas
within
existing
and
new
neighbourhoods for neighbourhood commercial uses
(commercial
uses
which
serve
the
immediate
neighbourhood they are located within).
Regulations
5.6.2.
The uses that are considered in the C1 District are outlined
in Figure 12 - Permitted/Discretionary Uses in the C1
District.
5.6.3.
The development standards in the C1 District are outlined
in Figure 13 - Development Standards in the C1 District.
Figure 12 - Permitted/Discretionary Uses in the C1 District
Principal Uses
Permitted/Discretionary
Automobile Equipment Repair &
Services
D
Club
D
Convenience Store
P
Cultural Institution
P
Day Care Centre
P
Financial Institution
P
Food Service
P
Fuel Sales
D
Health Services
P
Lounge
P
Municiapl Facility
P
Personal Service
P
Place of Worship
P
Public Works
P
Recreation, Passive
D
Service Station
D
Shopping Centre
P
Accessory Uses
Permitted/Discretionary
Sign, Canopy
P
Sign, Fascia
P
Sign, Projecting
P
Town of Kipling Zoning By-Law No. 9-2013 40
Figure 13 - Development Standards in the C1 District
Min. Site Area
570 m2, no minimum for
public utility
Max. Site Area
N/A
Setbacks
Front Yard
6 m (19.5 ft.)
Side Yard
3 m (10 ft.)
Rear Yard
6 m (20 ft.)
Min. Floor Area
N/A
Max. Height
14 m (46 ft.)
Max. Site Coverage
50%
Min. Frontage
15 m (49 ft.)
Other Regulations
5.6.4.
Subject to all applicable regulations within Part 3 -
General Regulations and Part 4 - Specific Regulations.
41
Town of Kipling Zoning By-Law No. 9-2013
5.7.
Highway Commercial District (C2)
Intent
5.7.1.
The intention of the Highway Commercial District is to
provide suitable areas adjacent to major streets and
highways for commercial uses (including large format
retail) which are primarily vehicle oriented.
Regulations
5.7.2.
The uses that are considered in the C2 District are outlined
in Figure 14 - Permitted/Discretionary Uses in the C2
District.
5.7.3.
The development standards in the C2 District are outlined
in Figure 15 - Development Standards in the C2 District .
Figure 14 - Permitted/Discretionary Uses in the C2 District
Principal Uses
Permitted/Discretionary
Agricultural Related Commercial
P
Alcohol Sales
P
Amusement Park
D
Auction Mart
D
Automobile Equipment Repair &
Services
P
Automobile Equipment Sales & Rental
P
Club
P
Commercial, Retail
P
Commercial, Large Format
P
Communications Tower Facility
D
Convenience Store
P
Day Care Centre
D
Financial Institution
P
Food Service
P
Fuel Sales
P
Health Services
P
Hotel
P
Motel
P
Municiapl Facility
P
Off-street Parking
P
Office
P
Personal Service
P
Place of Worship
D
Public Works
P
Town of Kipling Zoning By-Law No. 9-2013 42
Service Station
P
Shopping Centre
P
Sports Arena
D
Theatre
D
Veternary Clinic
D
Accessory Uses
Permitted/Discretionary
Sign, Billboard
D
Sign, Canopy
P
Sign, Fascia
P
Sign, Freestanding
P
Sign, Projecting
P
Figure 15 - Development Standards in the C2 District
Min. Site Area
570 m2, no minimum
for public utility
Max. Site Area
N/A
Setbacks
Front Yard
6 m (20 ft.)
Side Yard
3 m (10 ft.)
Rear Yard
6 m (20 ft.)
Min. Floor Area
N/A
Max. Height
14 m (46 ft.)
Max. Site Coverage
50%
Min. Frontage
15 m (49 ft.)
Other Regulations
5.7.4.
Subject to all applicable regulations within Part 3 -
General Regulations and Part 4 - Specific Regulations.
5.7.5.
Appropriate screening, to the satisfaction of Council, is
required when a C1 district is adjacent to a residential
area. This can includes fencing and vegetation or a
combination of the two.
5.7.6.
Fuel pumps at Gas Bar's shall be a minimum of 6m from
any street or lot line.
5.7.7.
All automobile parts, dismantled or partially dismantled
vehicles and similar articles shall be stored inside or
screened from public view by fencing.
5.7.8.
Minimum development standards for Public Utilities are at
the discretion of the Development Authority.
5.7.9.
The Highway Commercial District provides the first
impression of the Town for visitors and should maintain a
high quality physical appearance wherever possible.
43
Town of Kipling Zoning By-Law No. 9-2013
5.8.
Downtown Commercial District (C3)
Intent
5.8.1.
The intention of the Downtown Commercial District is to
provide a high level of servicing and enhanced public
realm, consisting primarily of commercial-related mixed
use, institutional, residential, utilities and ancillary shops
and services and to ensure quality design and enhanced
character.
Regulations
5.8.2.
The uses that are considered in the C3 District are outlined
in Figure 16 - Permitted/Discretionary Uses in the C3
District.
5.8.3.
The development standards in the C3 District are outlined
in Figure 17 - Development Standards in the C3 District.
Figure 16 - Permitted/Discretionary Uses in the C3 District
Principal Uses
Permitted/Discretionary
Alcohol Sales
D
Automobile Equipment Repair & Serv.
D
Automobile Equipment Sales & Rental
P
Club
P
Commercial, Retail
P
Community Centre
D
Convenience Store
P
Cultural Institution
P
Day Care Centre
D
Dwelling, Mixed Use
P
Dwelling, Multiple Unit
D
Financial Institution
P
Food Service
P
Fuel Sales
P
Health Services
D
Hotel
P
Lounge
D
Municiapl Facility
P
Night Club
D
Off-street Parking
P
Office
P
Personal Service
P
Place of Worship
D
Public Works
P
Service Station
D
Town of Kipling Zoning By-Law No. 9-2013 44
Shopping Centre
D
Theatre
D
Accessory Uses
Sign, Canopy
P
Sign, Fascia
P
Sign, Freestanding
D
Sign, Projecting
P
Figure 17 - Development Standards in the C3 District
Min. Site Area
250 m2 ,930 m2 for service
station
Max. Site Area
N/A
Max. Floor Area Ratio
3.0
Setbacks
Min. Front Yard
0.0 m
Max. Front Yard
3.0 m
Side Yard
0.0 m (0 ft.)
Rear Yard
6 m (19.5 ft.)
Min. Floor Area
N/A
Max. Height
14m (46 ft.)
Max. Site Coverage
N/A
Min. Frontage
7.5 m (24.5 ft.), 30 m
(98.5 ft.) for service station
Other Regulations
5.8.4.
Subject to all applicable regulations within Part 3 -
General Regulations and Part 4 - Specific Regulations.
5.8.5.
No parking areas will be considered in the front yard of a
lot unless the lot is vacant and a permit for Off-Street
Parking has been approved.
5.8.6.
Commercial or office or residential uses are permitted on
any floor, but no floor may contain a mix of residential
and commercial/office uses.
5.8.7.
No commercial/office use will be permitted above a
residential floor.
5.8.8.
Any building that is to be constructed with metal siding
shall be considered a discretionary use.
45
Town of Kipling Zoning By-Law No. 9-2013
5.9.
Light Industrial District (M1)
Intent
5.9.1.
The intention of the Light Industrial District is to provide for
industrial and office uses that have no associated off-site
impacts, with limited outdoor storage and to provide for
industrial business sites for transition from heavier industrial
uses to other uses.
Regulations
5.9.2.
The uses that are considered in the M1 District are outlined
in Figure 18 - Permitted/Discretionary Uses in the M1
District.
5.9.3.
The development standards in the M1 District are outlined
in Figure 19 - Development Standards in the M1 District.
Figure 18- Permitted/Discretionary Uses in the M1 District
Principal Uses
Permitted/Discretionary
Agricultural Related Commercial
P
Auction Mart
P
Automobile Equipment Repair &
Services
P
Automobile Equipment Sales & Rental
P
Cold Storage and Locker Plants
P
Communications Tower Facility
P
Construction Trades
P
Disposal Facility, Liquid
D
Forest Product Processing
D
Fuel Sales
P
Grain Elevator
P
Hotel
P
Industrial, General
P
Kennel
P
Machine & Welding Shop
P
Motel
P
Municipal Facility
P
Night Club
P
Off-Street Parking
P
Office
P
Public Works
P
Recycling Collection Depot
P
Service Station
P
Shipping Container
P
Storage, Indoor
P
Storage, Outdoor
Veterinary Clinic
P
Warehouse Sales
P
Wholesale Establishment
P
Town of Kipling Zoning By-Law No. 9-2013 46
Accessory Uses
Sign, Canopy
P
Sign, Fascia
P
Sign, Freestanding
P
Sign, Projecting
P
Sign, Billboard
D
Figure 19 - Development Standards in the M1 District
Min. Site Area
Agricultural Related Commercial
5,000 m2 (53 819.5
ft.2)
All other uses
1,000 m2 (10 764
ft.2)
Max. Site Area
N/A
Setbacks
Front Yard
7.5 m (24.5 ft.)
Side Yard
1.5 m (5 ft.), or 3 m
(10 ft.) if abutting a
residential district
Rear Yard (with lane)
3 m (10 ft.)
Rear Yard (without lane)
6 m (19.5 ft.)
Min. Floor Area
N/A
Max. Height
20 m (65.5 ft.)
Max. Site Coverage
N/A
Min. Frontage
30 m (98.5 ft.)
Other Regulations
5.9.4.
Subject to all applicable regulations within Part 3 -
General Regulations and Part 4 - Specific Regulations.
5.9.5.
All outdoor storage will be screened from view of a
highway or a residential area.
5.9.6.
Fuel pumps at Gas Bar's shall be a minimum of 6m from
any street or lot line.
5.9.7.
All automobile parts, dismantled or partially dismantled
vehicles and similar articles shall be stored inside or
screened from public view by fencing.
47
Town of Kipling Zoning By-Law No. 9-2013
5.10.
Heavy Industrial District (M2)
Intent
5.10.1.
The intention of the Heavy industrial District is to provide
areas suitable for a wide range of industrial and service
activity, including large industrial, processing, and
manufacturing whereby the nature and scale of their
operations may be offensive and/or negatively impact
other land uses.
Regulations
5.10.2.
The uses that are considered in the M2 District are outlined
in Figure 20 - Permitted/Discretionary Uses in the M2
District.
5.10.3.
The development standards in the N2 District are outlined
in Figure 21 - Development Standards in the M2 District.
Figure 20 - Permitted/Discretionary Uses in the M2 District
Principal Uses
Permitted/Discretionary
Auction Mart
P
Communications Tower Facility
P
Construction Trades
P
Disposal Facility, Liquid
D
Disposal Facility, Solid
D
Forest Product Processing
D
Grain Elevator
P
Industrial, General
P
Industrial, Hazardous
D
Lumber and Building Supply Storage
P
Machine & Welding Shop
P
Municipal Facility
P
Off-Street Parking
P
Office
P
Public Works
P
Recycling Collection Depot
P
Salvage Yard
P
Service Station
P
Shipping Container
P
Storage, Indoor
P
Storage, Outdoor
P
Temporary Work Camp
D
Warehouse Sales
P
Wholesale Establishment
P
Wind Energy Conversion System
D
Accessory Uses
Sign, Canopy
P
Sign, Fascia
P
Sign, Freestanding
P
Sign, Projecting
P
Town of Kipling Zoning By-Law No. 9-2013 48
Sign, Billboard
P
Figure 21 - Development Standards in the M2 District
Min. Site Area
1ha (2.5 acre)
Max. Site Area
N/A
Setbacks
Front Yard
7.5m (24.5 ft.)
Side Yard
3m (10 ft.)
Rear Yard
7.5m (24.5 ft.)
Min. Floor Area
N/A
Max. Height
20 m (65.5 ft.)
Max. Site Coverage
N/A
Min. Frontage
50 m (164 ft.)
Other Regulations
5.10.4.
Subject to all applicable regulations within Part 3 -
General Regulations and Part 4 - Specific Regulations.
5.10.5.
Any Hazardous Industry shall ensure at the time of
application for a development permit that any risk relating
to the proposed development will not affect any adjacent
landowners.
5.10.6.
All automobile parts, dismantled or partially dismantled
vehicles and similar articles shall be stored inside or
screened from public view by fencing.
49
Town of Kipling Zoning By-Law No. 9-2013
5.11.
Community Services District (CS)
Intent
5.11.1.
The intention of the Institutional District is to provide for the
location of public institutional facilities such as school,
recreational educational institutions, places of worship,
health facilities and other community services.
Regulations
5.11.2.
The uses that are considered in the CS District are outlined
in Figure 22 - Permitted/Discretionary Uses in the CS
District.
5.11.3.
The development standards in the CS District are outlined
in Figure 23 - Development Standards in the CS District.
Figure 22 - Permitted/Discretionary Uses in the CS District
Principal Uses
Permitted/Discretionary
Cemetery
D
Commercial, Retail
D
Community Centre
P
Cultural Institution
P
Educational Institution
P
Health Services
P
Hospital
P
Institutional Camp
D
Municipal Facility
P
Nursing Home
D
Parks, Plaza
P
Personal Care Home
D
Place of Worship
P
Public Works
P
Recreation, Active
P
Recreation, Passive
P
Residential Care Facility
P
School
P
Sports Arena
D
Accessory Uses
Sign, Canopy
P
Sign, Fascia
P
Sign, Freestanding
P
Sign, Projecting
P
Sign, Billboard
P
Town of Kipling Zoning By-Law No. 9-2013 50
Figure 23 - Development Standards in the CS District
Min. Site Area
N/A
Max. Site Area
N/A
Setbacks
Front Yard
6 m (20 ft.)
Side Yard
3 m (10 ft.)
Rear Yard
6 m (20 ft.)
Min. Floor Area
N/A
Max. Height
14 m (46 ft.)
Max. Site Coverage
50%
Min. Frontage
30 m (99 ft.)
Other Regulations
5.11.4.
Subject to all applicable regulations within Part 3 -
General Regulations and Part 4 - Specific Regulations.
51
Town of Kipling Zoning By-Law No. 9-2013
5.12.
Open Space Recreation District (OS)
Intent
5.12.1.
Open Space zones are intended to preserve and enhance
of open space and include limited public facilities.
Regulations
5.12.2.
The uses that are considered in the OS District are outlined
in Figure 24 - Permitted/Discretionary Uses in the OS
District.
5.12.3.
The development standards in the OS District are outlined
in Figure 25 - Development Standards in the OS District.
Figure 24 - Permitted/Discretionary Uses in the OS District
Permitted/Discretionary
Principal Uses
Campground
D
Municipal Facility
P
Parks, Plaza
P
Public Works
P
Recreation, Commercial
D
Recreation, Passive
P
Tourist Camp
D
Accessory Uses
Permitted/Discretionary
Sign, Fascia
P
Sign, Freestanding
D
Figure 25 - Development Standards in the OS District
Min. Site Area
N/A
Max. Site Area
N/A
Setbacks
Front Yard
6m (19.5 ft.)
Side Yard
6m (19.5 ft.)
Rear Yard
6m (19.5 ft.)
Min. Floor Area
N/A
Max. Height
10m (33 ft.)
Max. Site Coverage
N/A
Min. Frontage
N/A
Town of Kipling Zoning By-Law No. 9-2013 52
Other Regulations
5.12.4.
Subject to all applicable regulations within Part 3 -
General Regulations and Part 4 - Specific Regulations.
53
Town of Kipling Zoning By-Law No. 9-2013
5.13.
Urban Reserve District (UR)
Intent
5.13.1.
Urban
Reserve
zones
are
intended
to
maintain
undeveloped land so that future urban growth can occur
unencumbered.
Regulations
5.13.2.
The uses that are considered in the UR District are outlined
in Figure 26 - Permitted/Discretionary Uses in the UR
District.
5.13.3.
The development standards in the UR District are outlined
in Figure 27 - Development Standards in the UR District.
Figure 26 - Permitted/Discretionary Uses in the UR District
Principal Uses
Permitted/Discretionary
Agriculture, Extensive
P
Agriculture, Intensive
D
Public Works
P
Recreation, Passive
D
Temporary Work Camp
D
Tourist Camp
D
Tree Nursery
P
Accessory Uses
Permitted/Discretionary
Storage, Indoor
D
Storage, Outdoor
D
Sign, Fascia
P
Sign, Freestanding
D
Figure 27 - Development Standards in the UR District
Min. Site Area
N/A
Max. Site Area
N/A
Setbacks
Front Yard
20 m (65.5 ft.)
Side Yard
3 m (10 ft.)
Rear Yard
6 m (20 ft.)
Min. Floor Area
N/A
Max. Height
N/A
Max. Site Coverage
N/A
Min. Frontage
N/A
Other Regulations
5.13.4.
Subject to all applicable regulations within Part 3 -
General Regulations and Part 4 - Specific Regulations.
Town of Kipling Zoning By-Law No. 9-2013 54
Part 6:
Definitions
6.1.1.
Accessory Use means a use customarily incidental and
subordinate to the principal use or building and located on
the same lot with such principal use building
6.1.2.
The Act means The Planning and Development Act, 2007.
6.1.3.
Administrator means the Administrator of the Town of
Kipling.
6.1.4.
Alteration means any structural change or addition made
to any building.
6.1.5.
Ancillary use means a secondary and subordinate use to
the principle use, which is specifically allowed, and may
include an associated building that is specifically allowed
pursuant to this Bylaw.
6.1.6.
6.1.7.
Apartment means 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.
6.1.8.
Approved means approved by the Council of the Town of
Kipling.
6.1.9.
Agriculture, Extensive means the use of land or buildings,
including the first dwelling or manufactured home, an
agricultural operation which require large tracts of land
(usually in the order of 32.4 ha (80 ac.) or more), but not
including intensive agriculture or confined feeding
operations;
6.1.10.
Agriculture, Intensive means a agricultural operation that
raises crops on a land-intensive basis. Intensive agriculture
includes, greenhouses, silviculture and sod farms, but does
not include confined feeding operations;
6.1.11.
Agricultural Related Commercial means grain and seed
storage, cleaning and drying; fertilizing mixing sales
(subject to provincial regulations) livestock and poultry
breeding services abbatoirs; and other agriculturally
related services.
6.1.12.
Alcohol Sales means premises operated by a person who
is licensed by the Saskatchewan Liquor and Gaming
Authority to sell beer, wine or spirits for consumption off-
site.
6.1.13.
Amusement Park means development including go-cart,
paint ball and miniature golf facilities, concessions and
arcades, swimming pools, water slides, batting cages and
other similar uses.
6.1.14.
Auction Mart means buildings, structure, or lot, or part
thereof, used as a premises where goods and material
that are sold by public auction.
6.1.15.
Automobile Equipment Repair & Services means means
development for the repair, painting and servicing of
automobiles, recreational vehicles and similar vehicles or
the retail sale, installation, servicing or machining of
automotive parts and accessories or auto detailing or
drive-through vehicle repair and servicing facilities. This
use
includes
alignment,
muffler,
automotive
glass,
transmission repair and vehicle upholstery shops, tire
stores, damaged motor vehicle appraisal services and
vehicle towing services.
6.1.16.
Automobile Equipment Sales & rental means a
development used for the retail sale, lease and/or rental
of new or used automobiles and recreational vehicles and
may include incidental repair and maintenance services
and sales of parts and dispensing of motor fuel to vehicles
owned or rented by the vehicle sales and rental service as
accessory uses.
55
Town of Kipling Zoning By-Law No. 9-2013
6.1.17.
Awning means 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.
6.1.18.
Bed and Breakfast means a dwelling unit in which the
occupants thereof use a portion of the dwelling for the
purpose
of
providing,
for
remuneration,
sleeping
accommodation and one meal per day to the members of
the general public, for periods of two weeks or less, and in
which: not more than three bedrooms within the dwelling
are used to provide such sleeping accommodation; the
dwelling is the principal residence of the persons receiving
the
remuneration
and
providing
the
sleeping
accommodation and one meal per day served before
noon.
6.1.19.
Beverage Room means 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.
6.1.20.
Building means a structure constructed or placed on, in or
over land, but does not include a public roadway,
sidewalk or driveway.
6.1.21.
Building, Accessory means a subordinate detached
building appurtenant to a principal building or principal
use and located on the same lot.
6.1.22.
Building Bylaw means the Bylaw of the Town of Kipling
regulating the erection, alteration, repair, occupancy, or
maintenance of buildings and structures.
6.1.23.
Building Floor Area means the sum of the habitable gross
horizontal area of all floors of a building excluding in the
case of a dwelling, the floor area used for and devoted to
mechanical equipment, laundry, storage, swimming pools,
garage, porch veranda, or sunroom. All dimensions shall
be measured between exterior faces of walls or
supporting columns, or from the centre line of the walls or
supporting columns separating two buildings.
6.1.24.
Building Height means the vertical distance measured
from the grade level to the highest point of the roof
surface, if a flat roof; to the deck line of a mansard roof;
and to the mean height level between eaves and ridge for
a gable, hip, or gambrel roof.
6.1.25.
Building Permit means a permit, issued under the Building
Bylaw of the Town of Kipling authorizing the construction
of all or part of any structure.
6.1.26.
Campground means 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 or mobile homes or trailers on a
permanent year-round basis.
6.1.27.
Canopy means a non-retractable, permanent roof-like
structure constructed of durable material extending from
part or all of a building.
6.1.28.
Cemetery means land that is set apart or used as a place
for the interment of the dead or in which human bodies
have been buried. "Cemetery" may include a structure for
the purpose of the cremation of human remains and may
include facilities for storing ashes or human remains that
have been cremated or the interment of the dead in
sealed crypts or compartments.
6.1.29.
6.1.30.
Club means a group of people organized for a common
purpose, to pursue common goal, interests or activities,
Town of Kipling Zoning By-Law No. 9-2013 56
usually characterized by certain membership qualifications,
payment of dues or fees, regular meetings, and a
constitution and bylaws, and shall include lodges and
fraternal organizations.
6.1.31.
Cold Storage and Locker Plant means a plant with many
rental steel lockers, each with a capacity of about 6 cubic
feet (0.17 cubic meter) and generally for food storage by
an individual family, placed in refrigerated rooms.
6.1.32.
Commercial, Large Format means the sale or display of
merchandise to the public including the storage of
merchandise on or about the premises in.
6.1.33.
Commercial, Retail means the sale or display of
merchandise to the public including the storage of
merchandise on or about the premises in quantities
sufficient only to supply the public for a reasonable period
of time.
6.1.34.
Communications Tower Facility means a structure that is
intended for transmitting or receiving television, radio, or
telephone communications, excluding those used exclusively
for dispatch communications.
6.1.35.
Community Centre means a building or facility used for
recreational, social or education and which is owned by
either a municipal corporation, non-profit corporation or
other non-profit organization.
6.1.36.
Comprehensive Development Review (CDR) means a
land use plan created by a land developer for a specific
local area that identifies social, environmental, health and
economic
issues
which
the
proposed
development
addresses.
6.1.37.
Concept Plan means a plan appended to the Official
Community Plan, based upon legislative authority provided
within The Act prepared by or for Town Council for the
examination of the future land uses, essential services and
facilities, transportation systems, development density and
sequencing of development for areas of the Town
exhibiting common future development opportunities and
challenges, subsequent to designating land must be
consistent with the Official Community Plan.
6.1.38.
Condominium means a multiple unit dwelling that is
registered by condominium plan.
6.1.39.
Construction Trades means offices, shops and warehouses,
with or without associated retail sales of plumbing and
heating, electrical, carpentry, masonry and other trades
associated with construction of buildings.
6.1.40.
Convenience
Store
means
a
retail
commercial
establishment supplying limited groceries and other daily
household necessities to the immediate surrounding area.
6.1.41.
Corner Lot means a lot at the intersection or junction of two
or more streets.
6.1.42.
Correctional Facility means either a facility for the
temporary detention or open custody of persons pursuant
to the provisions of The Youth Criminal Justice Act
(Canada) or The Summary Offences Procedure Act, 1990
(Saskatchewan); or a facility for the accommodation of
persons participating in a community training program
pursuant to The Correctional Services Act.
6.1.43.
Council means the Council of the Town of Kipling.
6.1.44.
Cultural Institution means an establishment such as a
museum, art gallery, library and similar facilities of
historical, educational or cultural interest.
57
Town of Kipling Zoning By-Law No. 9-2013
6.1.45.
Day Care Centre means a facility for the non-parental
care of over four (4) preschool age children on a daily
basis and licenced under The Child Care Act.
6.1.46.
Day Care Home means a child care facility located in a
building where the principal use is a dwelling unit, and
which is licensed by the Province of Saskatchewan pursuant
to The Child Care Act.
6.1.47.
Deck means any open structure attached to a building
having a height greater than 0.6 m (2.0 ft.) above grade,
and thereby requiring stairs and railings.
6.1.48.
Development means the carrying out of any building,
engineering, mining or operations in, on, or over land, or
the making of any material change in the use of intensity
of the use of any building, or land.
6.1.49.
Development Officer means the officer of the Town of
Kipling appointed pursuant to Section 2.1 to administer this
Bylaw.
6.1.50.
Development Agreement means the legal agreement
between a developer and the Town which specifies the
obligations and the terms and conditions for the approval
of a development pursuant to provisions of The Act.
6.1.51.
Development Permit means a permit issued pursuant to
this Bylaw that authorizes development but does not
include a Building Permit.
6.1.52.
Discretionary Use means a use or development, specified
in this Bylaw which may be allowed following application
to and approval of, the Council, and which complies with
the development standards contained in this Bylaw as
required by Council.
6.1.53.
Disposal Facility, Liquid means a facility to accommodate
any waste which contains animal, aggregate 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.
6.1.54.
Disposal Facility, Solid means a facility, not including a
waste transfer station or a temporary storage facility, to
accommodate discarded materials, substances or objects
which originated from residential, commercial, institutional
and industrial sources which are typically disposed of in
municipal or private landfills, but not including dangerous
goods, hazardous waste or biomedical waste.
6.1.55.
Dwelling Unit means a separate set of living quarters,
whether occupied or not, usually containing sleeping
facilities, sanitary facilities and a kitchen or kitchen
components, but does not include boarding houses or
rooming units. For the purposes of this definition, "kitchen
components" include, but are not limited to, cabinets,
refrigerators, sinks, stoves, ovens, microwave ovens or
other cooking appliances and kitchen tables and chairs.
6.1.56.
Dwelling, Mixed Use means a building which has
commercial or office space at grade and one or more
dwelling units above.
6.1.57.
Dwelling, Mobile Home means 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 a one unit dwelling, and is certified by the manufacturer
that it complies with the Canadian Standards Association
Code CSA-A277 standard.
6.1.58.
Dwelling, Modular mean a transportable, single or
multiple section single residential home that has its finished
sections built in a factory for transport to the site for
installation, built according with the Canadian Standards
Association Code CSA-A277 standard.
Town of Kipling Zoning By-Law No. 9-2013 58
6.1.59.
Dwelling, Multiple Unit means a building divided into
four or more dwelling units as herein defined and shall
include town or row houses and apartment houses but not
hotels or motels.
6.1.60.
Dwelling, Rooming House means a dwelling unit which
includes individual dwelling units which are rented but do
not include individual bathrooms and/or kitchens. Bathroom
and kitchen facililities are shared.
6.1.61.
Dwelling, Row Housing means a dwelling unit on its own
site, attached to three or more other dwelling units, each
on their own sites, with a common wall dividing the
dwelling units throughout at least 40% of the depth of the
entire structure.
6.1.62.
Dwelling, Semi-Detached means a dwelling unit on its own
site, attached to another dwelling unit on its own site, with
a common wall dividing the two dwelling units throughout
at least 40% of the length of the entire structure,
measured from the front to the rear building lines.
6.1.63.
Dwelling, Single Detached means a detached dwelling
consisting of one dwelling unit, occupied or intended to be
occupied as a permanent home or residence but shall not
include a Dwelling, Modular or Dwelling, Mobile Home.
6.1.64.
Educational Institution means a post-secondary college,
university or technical institution, but shall not include a
private school.
6.1.65.
Fence means a structure used to enclose or screen areas of
land.
6.1.66.
Financial Institution means a bank, credit union, trust
company or similar establishment.
6.1.67.
Food Service means a place where food and beverages
are prepared and served to patrons seated at tables or
counters, in a motor vehicle on the premises, or for off-site
consumption, and may include a drive-through service
window.
6.1.68.
Forest Product Processing means a value-added
processing operation that manufactures, packages, labels,
distributes, or stores any forest products.
6.1.69.
Frontage means the side of a lot abutting the street; in the
case of a corner lot, the side abutting other lot frontages
shall be considered as the frontage. Where a pie shaped
or non-rectangular lot is involved, the average width of the
lot shall be considered as the value for calculating the
minimum frontage requirement of a lot.
6.1.70.
Flood Way Means the portion of the flood plain adjoining
the channel where the waters in the 1:500 year flood are
projected to meet or exceed a depth of one metre or a
velocity of one metre per second.
6.1.71.
Flood Fringe Means the portion of the flood plain where
the waters in the 1:500 year flood are projected to be
less than a depth of one metre or a velocity of one metre
per second.
6.1.72.
Flood Plain means the area prone to flooding from a
water body or watercourse that comprises the combined
area of the flood way and flood fringe.
6.1.73.
Floor Area means the maximum habitable area contained
within the outside walls of a building, excluding in the case
of a dwelling, any private garage, porch, veranda,
sunroom, unfinished attic or unfinished basement.
6.1.74.
Fuel Sales means a building or facility used for the retail
sale of motor vehicle fuels from fixed pumps.
59
Town of Kipling Zoning By-Law No. 9-2013
6.1.75.
Garage means a building or part of a building used or
intended to be used for the storage of motor vehicles,
which is accessory to a building unit.
6.1.76.
Garden Suite means a detached one unit dwelling, mobile
home or modular home, or secondary suite which is
temporarily located within or in the yard of an existing
residential
dwelling
unit
intended
to
provide
accommodation for a specific person or persons who are
physically dependent on the residents of the existing
residential dwelling unit or to provide accommodations for
a caregiver of whom a specific person or persons residing
in the existing residential dwelling unit is physically
dependent.
6.1.77.
Gas Bar means a commercial facility predominately for
the sale of gasoline, diesel and propane, and may offer
for sale other petroleum products and vehicle accessories.
6.1.78.
Golf Course means a public or private area operated for
the purpose of playing golf and may include accessory
uses and facilities including but not limited to club houses,
driving ranges and food and beverage facilities.
6.1.79.
Group Care Facility means 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.
.
6.1.80.
Grade Level means the finished ground elevation at the
front of the building midway between the corners of the
building
6.1.81.
Health Services means a facility or institution engaged in
the provision of services for health maintenance, diagnosis
or treatment of human pain, injury or other physical
condition on an outpatient basis.
6.1.82.
Height of the Sign means the vertical distance measured
from the highest point of the sign to grade level at the
centre of the sign.
6.1.83.
Home Based Business means a business that is conducted
from a residential dwelling unit or an accessory building
where residents operate the business and the use is
secondary to the residential use of the premises.
6.1.84.
Home Based Business, Major means a business that is
conducted from a residential dwelling unit or an accessory
building where residents operate the business and the use
is secondary to the residential use of the premises as
defined by the provisions contained within Section 4.6.13
of this bylaw.
6.1.85.
Home Based Business, Minor means a business that is
conducted from a residential dwelling unit or an accessory
building where residents operate the business and the use
is secondary to the residential use of the premises as
defined by the provisions contained within Section 4.6.14
of this bylaw.
6.1.86.
Home Occupation means an accessory use carried on as
an occupation conducted for gain in a dwelling unit solely
by the resident or residents.
6.1.87.
Hospital means a facility providing room, board, and
surgical or other medical treatment for the sick, injured or
infirm including outpatient services and accessory staff
residences.
6.1.88.
Hotel means a building or part of a building used as a
place for sleeping accommodation with or without meals,
and which may have a licensed beverage room, but does
Town of Kipling Zoning By-Law No. 9-2013 60
not include a motel. Individual units are accessed from a
shared entrance.
6.1.89.
Industrial, Hazardous means an industrial use involving
the manufacturing, storage, processing, transhipment,
collection, treatment or disposal of hazardous materials or
chemicals (specifically excluding agricultural fertilizer,
herbicide or pesticide warehousing and/or sales facilities,
depots for the collection of farm chemical containers, and
ethanol and biodiesel plants and associated production
facilities).
6.1.90.
Industrial, General means any of the following activities:
the processing of raw or finished materials.
a)
the manufacturing or assembly of goods, products or
b)
equipment.
the cleaning, servicing, repairing or testing of
c)
materials, goods and equipment normally associated
with industrial or commercial businesses or cleaning,
servicing and repair operations to goods and
equipment associated with personal or household use,
where such operations have impacts that would make
them incompatible with non-industrial development.
the storage or transshipping of materials, goods and
d)
equipment, including warehouses.
the training of personnel in general industrial
e)
operations.
indoor display, office, technical or administrative
f)
support areas or any sales operation accessory to the
general industrial use.
6.1.91.
Institutional Camp means an area of land containing
sleeping accommodations and facilities which are used to
provide short term accommodation for persons engaged in
passive or active recreation or leisure, which, without
limiting the generality of the foregoing, shall include the
following: children's camp or establishment, religious camp,
artist's camp, retreat, educational camp, recreational
camp, sports camp or other similar camp or establishment.
6.1.92.
Intersection means an area where two or more streets
cross, or meet, at grade.
6.1.93.
Kennel means the temporary accommodation of dogs, cats
or other domestic animals for commercial purposes but
does not include breeding.
6.1.94.
Lane means a public roadway vested in the Crown as a
secondary level of access to a lot or parcel of land.
6.1.95.
Lot means an area of land under one title or ownership
with fixed boundaries and which is of record in the Land
Titles Office by Certificate of Title.
6.1.96.
Lot Coverage means that portion of the lot that is covered
by principal and accessory buildings.
6.1.97.
Lot Line, Front means the line that divides the lot from the
street. In the case of a corner lot, the front lot line shall
mean the line separating the narrowest street frontage of
the lot from the street.
6.1.98.
Lot Line, Rear means the line at the rear of the lot and
opposite the front lot line.
6.1.99.
Lot Line, Side means a lot line other than a front or rear
lot line.
6.1.100.
Lounge means a room or area adjoining a restaurant that
permits the sale of beer, wine or spirits for consumption on
the premises, with or without food, and where no
entertainment or dance floor is permitted.
6.1.101.
Lumber and Building Supply Storage means any building
or outside storage of lumber and other building supplies.
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Town of Kipling Zoning By-Law No. 9-2013
6.1.102.
Machine and Welding Shops means any building or
machinery required for a welding and/or machining
operation.
6.1.103.
Mayor means the Mayor of the Town of Kipling.
6.1.104.
Minister means the member of the Executive Council to
whom, for the time being, is assigned the administration of
The Act.
6.1.105.
Mobile Home Park means any tract or parcel of land on
which two or more occupied mobile homes are permitted
to be located whether or not a charge is paid for the use
thereof, and includes any building or structure used or
intended to be used as part of the equipment of such
Mobile Home Park, but does not include an industrial or
construction camp or any such tent or trailer coach that is
not a mobile home.
6.1.106.
Mobile Home Subdivision means any subdivision of land
and the development thereof for the purpose of
accommodating mobile homes in such a manner that each
home is situated on its own site, which shall contain a
minimum site area of 465 m² and in which all such sites,
public open spaces, internal streets and lanes, buffer zones
and other amenity areas form a contiguous area of
development.
6.1.107.
Modular Home means 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 bythe manufacturer that it
complies with the Canadian Standards Association Code
CSA-A277 standard.
6.1.108.
Modular Home, Single Wide means a modular home that
is less than 5 metres (16.40 ft.) in width.
6.1.109.
Modular Home, Double Wide means a modular home that
is greater than 8 metres (26.25 ft.) in width.
6.1.110.
Modular Unit means 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.
6.1.111.
Motel means an establishment consisting of a group of
attached or detached living or sleeping accommodations
each with a bathroom, located on a lot or site and
designed for use by the public, and may include a
restaurant or licensed dining room.
6.1.112.
Municipal Facility means land and/or structures owned by
a municipality that are used for:
office and meeting space;
a)
storage or municipal equipment and supplies;
b)
recreation; and
c)
other institutional uses.
d)
6.1.113.
Night Club means 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.
6.1.114.
Non-Conforming Building means a building:
that is lawfully constructed or lawfully under
a)
construction, or in respect to which all required permits
have been issued, on the date this Bylaw or any
amendment hereto affecting the building or land on
which the building is situated or will be situated
becomes effective, and
that on the date this Bylaw or any amendment hereto
b)
becomes effective, does not or when constructed, will
not comply with this Bylaw.
Town of Kipling Zoning By-Law No. 9-2013 62
6.1.115.
Non-Conforming Use means a lawful specific use:
being made of land or a building or intended to
a)
make of a building lawfully under construction, or in
respect to which all required permits have been
issused, at the date this Bylaw or any amendments
hereto affecting the land or building becomes
effective; and
that on the date this Bylaw or any amendments hereto
b)
becomes effective does not, or in the case of a
building under construction or in respect of which all
required permits have been issued will not comply
with this Bylaw.
6.1.116.
Nursing Home means housing in multiple unit form for
semi-independent persons within that is provided living
and sleeping facilities, meal preparation, laundry services,
and room cleaning.
6.1.117.
Office means 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 trade are stored,
transhipped, sold or processed.
6.1.118.
Official Community Plan means the Town of Kipling
Official Community Plan.
6.1.119.
Off-Street Parking means vehicular parking that is not
primarily intended for the use of residents, employees, or
clients of a particular development. Typical uses include
surface parking lots and parking structures above or
below grade.
6.1.120.
Park means any public outdoor land specifically for
passive or active recreation including tot-lots, playgrounds,
walkways, trails, environmentally significant areas, band
shells, forest reserve, wildlife sanctuary, greenbelts,
conservation areas, buffers, nature interpretation areas,
and similar land uses.
6.1.121.
Park, Plaza means any outdoor land intended for the
liesure and enjoyment of the public and may include
impermeable surfacing and permanent outdoor furniture.
6.1.122.
Parking Lot means open space, other than a street, used
for temporary parking of more than four automobiles and
available for public use, or as accomodation for clients,
employee or customers and is secondary to the principal
use.
6.1.123.
Parking Space means a space within a building or parking
lot for the parking of one automobile including convenient
access to a public land or street.
6.1.124.
Permitted Use means a use or form of development, other
than a discretionary use, specifically allowed in a zoning
district subject to the regulations applicable to the zoning
district.
6.1.125.
Personal Care Home means a facility licensed under The
Personal Care Homes Act that provides long term
residential,
social
and
personal
care,
including
accommodation, meals, supervision or assistance for
persons who have some limits on ability for self-care, and
are unrelated to the operator or owner.
6.1.126.
Personal Service means an establishment engaged in
providing the care of a person or their clothing, including
barber shops, hairstyle salons, laundries, dry cleaners,
shoe repair, and photographic studios.
6.1.127.
Place of Worship means a place used for worship and
related religious, philanthropic or social activities and
includes accessory rectories, manses, meeting rooms and
other buildings. Typical uses include churches, chapels,
mosques, temples, synagogues and parish halls.
6.1.128.
Principal Building means a building which, in the opinion
of the Development Officer:
63
Town of Kipling Zoning By-Law No. 9-2013
occupies the major central portion of a site; or
a)
is the main building among one or more buildings on
b)
the site; or
constitutes by reason of its use the primary purpose
c)
for which the site is used; and
there shall be no more than one principal building on
d)
each site unless specifically permitted otherwise in this
Bylaw.
6.1.129.
Principal Use means the main or primary activity for which
a site or its buildings are designed, arranged, developed,
or intended, or for which it is occupied or maintained.
There shall be no more than one principal use on a site
unless specifically permitted otherwise in this Bylaw.
6.1.130.
Public Utility means a system, work, plant, equipment, or
service, owned or operated by a corporation under
Federal or Provincial statute that furnishes any of the
following services and facilities to, or for the use of, the
inhabitants of the Municipality:
communication by way of telephone lines, optical
a)
cable, microwave, and cable television services;
delivery of water, natural gas, and electricity
b)
public transportation by bus, rail, or other vehicle
c)
production, transmission:
collection and disposal of sewage, garbage, and
d)
other wastes; and
fire and police services.
e)
6.1.131.
Public Works means a facility as defined under The Act.
6.1.132.
Railway and Ancillary Railway means buildings,
structures, including railway lines and equipment required
for the train and railway industry.
6.1.133.
Recreation, Active means a recreational land use
concentrating users and development, and without
restricting the generality of the above, includes beach
areas, equestrian facilities, riding stables or race tracks,
sports fields, golf courses, campgrounds, picnic areas and
other similar uses.
6.1.134.
Recreation, Passive means a recreational land use that
does not require significant development upon the site and
does not lessen the natural character of the area, and
without limiting the generality of the above, includes
viewing areas, hiking trails, skiing trails, canoe launches,
observation points, interpretive centres,and other similar
uses, and specifically excludes the operation of motor
driven vehicles excepting motorized wheelchairs.
6.1.135.
Recreation, Commercial means a public or private
recreation facility or amenity, or a joint-use site that is
operated with intent to produce financial gain. Examples
include recreation and leisure centres, hockey and skating
rinks, curling, swimming pools, bowling alleys, racquet
clubs, rifle and pistol ranges, community halls, and
community centres.
6.1.136.
Recycling Collection Depot means a building or structure
used for collection and temporary storage of recyclable
household material such as bottles, cans, plastic containers
and paper. The following shall not be allowed at a
recycling collection depot:
processing
of recyclable material other
than
a)
compaction.
Collection and storage of paints, oil, solvents or other
b)
hazardous material.
outdoor compaction.
c)
6.1.137.
Residential Care Facility means a licensed or approved
group care facility governed by Provincial regulations that
provides, in a residential setting, 24 hour care of persons
in need of personal services, supervision or assistance
Town of Kipling Zoning By-Law No. 9-2013 64
essential for sustaining the activities of daily living or for
the protection of the individual.
6.1.138.
Rooming House means a building containing more than
one rooming unit.
6.1.139.
Rooming Unit means 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.
6.1.140.
Salvage Yard means uses including, but not limited to, uses
involved in salvaging, storing or selling scrap metal, paper,
plastic, glass, wood and other waste material, as well as
unlicensed vehicles and used vehicle parts.
6.1.141.
School means a body of pupils that is organized as a unit
for educational purposes, that comprises one or more
instructional groups or classes, together with the principal
and teaching staff and other employees assigned to such
body of pupils, and includes the land, buildings or other
premises and permanent improvements used by and in
connection with that body of pupils.
6.1.142.
Secondary Suite means a separate set of living quarters
within a principal or secondary residential dwelling unit or
accessory building whether occupied or not, containing
independent and physically separate sleeping, sanitary
and kitchen facilities. Kitchen facilities include but are not
limited to cabinets, refrigerators, sinks, stoves, ovens,
microwave ovens or any other cooking appliances and
kitchen tables and chairs.
Service Station means a building or part of a building
used for the retail sale of lubricating oils and gasolines,
automobile accessories, and the servicing and minor
repairing of motor vehicles, which may include fuel sales,
food services or car wash as accessory uses. Painting,
body work and major repair shall not be included in this
use class.
6.1.143.
Shipping Container means a pre-built metal container or
structure originally designed and/or constructed for the
purpose of cargo storage.
6.1.144.
Shopping Centre means a building with more than one
retail outlet, office and/or commercial establishment that is
either a strip mall or enclosed shopping mall structure and
must contain only the permitted and discretionary uses for
the zone that it is constructed in.
6.1.145.
Should, Shall or May means:
Shall is an operative word which means the action is
a)
obligatory.
Should is an operative word which means that in
b)
order to achieve plan objectives, it is strongly advised
that the action be taken.
May is an operative word meaning a choice is
c)
available, with no particular direction or guidance
intended.
6.1.146.
Sight Line Triangle means the triangular area formed by
a line drawn between two points 8.0 m (26.2 ft.) from the
point where two roads intersect or 5.0 m (16.4 ft.) from
the point where a lane and road or driveway and road
intersect;
6.1.147.
Sign means any device, letter, figure, symbol, emblem, or
picture, which is affixed to or represented directly or
indirectly upon a building, structure or 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.
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Town of Kipling Zoning By-Law No. 9-2013
Sign Type
Definition
Billboard Sign
means a private free standing sign, including
supporting structures, which advertises goods,
products, services, organizations, or facilities that
are available from, located on, or refer to, a site
other than the site on which the sign is located..
Canopy Sign
means a sign which is part of or attached to the
outside edge of a canopy but which does not
extend below the bottom edge or surface of the
canopy (see Figure 13)
Fascia Sign
means a sign fastened to or painted on the wall of
a building or structure in such a manner that the
wall becomes the supporting structure for, or forms
the background surface of the sign and which
does not project more than 0.25m (10in) from such
building or structure.
Freestanding Sign
means a non-moveable sign not affixed to a
building or structure and which is supported by a
pole or similar structure.
Projecting Sign
means a sign which is wholly or partially
dependent upon a building for support and which
projects more than 0.25m (10in) from such
building.
Roof Sign
means a sign erected upon, against or directly
above the roof of a building or the top of a wall
Temporary Sign
means a sign advertising a message applicable
for a defined period of time and not exceeding
three months.
6.1.148.
Sign Corridor means 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.
6.1.149.
Sign, Facial Area means 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.
6.1.150.
Site means one or more contiguous lots under one title and
used, or intended to be used for a single principal use and
principal building.
6.1.151.
Storage, Indoor means the act of placing goods, materials,
or equipment inside of a building on a more or less
permanent or continuous basis but shall exclude general
household supplies and items on display for commercial
purposes.
6.1.152.
Storage, Outdoor means the act of placing goods,
materials, or equipment outside of a building on a more or
less permanent or continuous basis;
6.1.153.
Street means a public thoroughfare which affords the
principle means of access to the abutting property.
6.1.154.
Structure means anything that is built, constructed or
erected, located on the ground, or attached to something
located on the ground.
6.1.155.
Structural
Alteration
means
the
construction
or
reconsturction or the supporting elements of a building.
6.1.156.
Temporary Work Camp means a temporary residential
complex used to house camp workers by various
contracting firms on a temporary basis of more than 28
days and less then one (1) year. The camp is usually made
up of a number of mobile units, clustered in such fashion as
to provide sleeping, eating, recreation and other basic
living facilities.
6.1.157.
Theatre means a building or structure for the performing
arts or the showing of motion pictures.
Town of Kipling Zoning By-Law No. 9-2013 66
6.1.158.
Tourist Camp means a facility which has two or more
cabins for the accommodation of the travelling public and
may also have provision for the accommodation of trailers,
tent trailers, tents and recreational vehicles.
6.1.159.
Town means the Town of Kipling.
6.1.160.
Townhouse means 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.
6.1.161.
Trailer Coach means 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.
6.1.162.
Tree Nursery means the use of land for raising shrubs,
trees and bedding plants.
6.1.163.
Veterinary Clinic means 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
6.1.164.
Warehouse means a building used primarily for the
storage of goods and materials.
6.1.165.
Wholesale Establishment means the sale of commodities
to retailers or jobbers and shall include the sale of
commodities for the purpose of carrying on any trade or
business.
6.1.166.
Wind Energy Converter System means up to one (1) wind
energy system consisting of a wind turbine, tower, and
associated control or conversion electronics which is
intended to primarily reduce on-site consumption of utility
power for a single site. A Wind Energy Converter System
may be free standing or attached to a principal or
accessory building. For the purpose of this Bylaw the
following applies to WECS:
Blade means an element of a WECS rotor which acts
a)
as a single airfoil, thereby extracting kinetic energy
directly from the wind.
Blade Clearance means in reference to a horizontal
b)
axis rotor, the distance from grade to the bottom of
the rotor's arc.
Horizontal Axis Rotor means a wind energy conversion
c)
system, typical of conventional or traditional
windmills, where the rotor is mounted on a downward
5 percent angle to the earth's surface.
Over speed control means a device which prevents
d)
excessive rotor speed.
Rotor's Arc means the largest circumferential path
e)
traveled by a WECS' blade.
Total height means the height from grade to the
f)
highest vertical extension of a WECS. In the case of a
WECS with a horizontal axis rotor, total height
includes the distance from grade to the top of the
tower, plus the distance from the top of the tower to
the highest point of the rotor's arc.
Tower means the structure which supports the rotor
g)
above grade.
Vertical axis rotor means a wind energy conversion
h)
system where the rotor is mounted on an axis
perpendicular to the earth's surface.
6.1.167.
Yard means any part of a lot unoccupied and obstructed
by any principal building.
6.1.168.
Yard, Front means a yard extending across the full width
of a lot between the front lot line and the nearest main
wall of the principal building or structure on the lot.
67
Town of Kipling Zoning By-Law No. 9-2013
6.1.169.
Yard, Rear means a yard extending across the full width
of a lot between the rear lot line and the nearest main
wall of the principal building or structure on the lot.
6.1.170.
Yard, Side means a yard extending across the full width of
a lot between the side lot line and the nearest main wall of
the principal building or structure on the lot.
6.1.171.
Zoning District means a specifically delineated area of
the Town within which certain uniform requirements and
regulations or various combinations thereof govern the use,
placement, spacing and size of land and structures.
6.1.172.
Any other term used in this document that is not identified
in this section should be interpreted as interpreted within
The Act.
Town of Kipling Zoning By-Law No. 9-2013 68
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Town of Kipling Zoning By-Law No. 9-2013
Part 7:
Effective Date of the Bylaw
7.1.1.
Repeal
Bylaw No. 2-2013 is herby repealed.
7.1.2.
Coming Into Force
This Bylaw shall come into force on the date of final
approval by the Minister of Municipal Affairs.
_____________________________________________
Mayor
SEAL
_____________________________________________
Town Administrator
INTRODUCED AND READ a first time this ______
day of , 20____.
READ A SECOND TIME this ___ day of ______ , 20___.
READ A THIRD TIME and passed this ___ day of ______ ,
20___.
CERTIFIED a true copy of Bylaw No. 9-2013
adopted by Resolution of Council on the ___ day of
______ , 20___.
Town Administrator
Town of Kipling Zoning By-Law No. 9-2013 70
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Town of Kipling Zoning By-Law No. 9-2013