Bylaw 2018-04 - Zoning Bylaw

Langham, Saskatchewan

This is the exact embedded text of the captured official document. Snapshot c5ec972da0e7 · verified 2026-06-13 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Town of Langham Zoning Bylaw Bylaw No. 2018-04 ii | P a g e iii | P a g e Contents 1 INTRODUCTION .............................................................................................................................. 1 1.1 TITLE ....................................................................................................................................... 1 1.2 SCOPE .................................................................................................................................... 1 1.3 SEVERABILITY ........................................................................................................................ 1 2 INTERPRETATION .......................................................................................................................... 2 3 ADMINISTRATION ......................................................................................................................... 25 3.1 DEVELOPMENT OFFICER .................................................................................................... 25 3.2 DEVELOPMENT PERMIT ...................................................................................................... 25 3.3 DEVELOPMENT PERMIT APPLICATION REQUIREMENTS ................................................. 25 3.4 DEVELOPMENT PERMIT APPLICATION PROCESS ............................................................ 26 3.5 DEVELOPMENT PERMIT APPLICATION FEES .................................................................... 27 3.6 DEVELOPMENT APPEALS BOARD ...................................................................................... 27 3.7 RIGHT OF APPEAL ............................................................................................................... 27 3.8 MINOR VARIANCES .............................................................................................................. 27 3.9 NON-CONFORMING USES, BUILDINGS AND SITES ........................................................... 28 3.10 DISCRETIONARY USE APPLICATIONS ............................................................................... 28 3.11 AMENDING THE ZONING BYLAW ........................................................................................ 36 3.12 OFFENSES AND PENALTIES ............................................................................................... 36 4 GENERAL REGULATIONS ............................................................................................................ 37 4.1 LICENSES, PERMITS AND COMPLIANCE WITH OTHER BYLAWS AND LEGISLATION ..... 37 4.2 BUILDING LINES ................................................................................................................... 37 4.3 NUMBER OF PRINCIPAL BUILDINGS PERMITTED ON A SITE ........................................... 37 4.4 HEIGHT RESTRICTIONS ...................................................................................................... 37 4.5 VISIBILITY CLEARANCE AT INTERSECTIONS .................................................................... 37 4.6 REQUIRED YARDS AND OPEN SPACE ............................................................................... 37 4.7 FENCES ................................................................................................................................ 38 4.8 ACCESSORY BUILDING AND STRUCTURES ...................................................................... 39 4.9 OFF STREET PARKING AND LOADING ............................................................................... 41 4.10 SIGNS ................................................................................................................................... 48 4.11 HOME-BASED BUSINESSES - TYPE I AND TYPE II ............................................................ 53 4.12 SPECIAL REGULATIONS AND STANDARDS ....................................................................... 55 4.13 SERVICING ........................................................................................................................... 59 iv | P a g e 4.14 STORAGE OF MATERIALS AND UNLICENSED OR INOPERATIVE MOTOR VEHICLES IN RESIDENTIAL DISTRICTS ................................................................................................................ 59 4.15 DEVELOPMENT OF HAZARD LANDS .................................................................................. 59 4.16 BUILDING OR USES OCCUPYING MORE THAN ONE LOT ................................................. 60 4.17 EXISTING NONCONFORMING BUILDINGS AND SITES ...................................................... 60 4.18 FRONTAGE ON ROAD .......................................................................................................... 60 4.19 BUILDING TO BE MOVED ..................................................................................................... 60 4.20 DEMOLITION OF BUILDINGS ............................................................................................... 60 4.21 GRADING AND LEVELLING OF SITES ................................................................................. 60 4.22 GARAGE AND YARD SALES ................................................................................................ 60 4.23 WATER .................................................................................................................................. 61 4.24 LANDSCAPING ..................................................................................................................... 61 4.25 PROHIBITION OF SPECIES BREEDING ............................................................................... 63 5 ZONING DISTRICTS ...................................................................................................................... 64 5.1 CLASSIFICATION OF ZONING DISTRICTS .......................................................................... 64 5.2 THE ZONING DISTRICT MAP ............................................................................................... 64 5.3 BOUNDARIES OF ZONING DISTRICTS ................................................................................ 64 5.4 ZONING DISTRICTS.............................................................................................................. 65 5.5 PROPERTIES WITH MORE THAN ONE ZONING DISTRICT ................................................ 65 5.6 PERMITTED, DISCRETIONARY, AND PROHIBITED USES .................................................. 65 6 DISTRICT SCHEDULES ................................................................................................................ 66 6.1 R1 - LOW DENSITY RESIDENTIAL DISTRICT ..................................................................... 66 6.1.1 Purpose.............................................................................................................................. 66 6.1.2 Permitted and Discretionary Uses ....................................................................................... 66 6.1.3 Accessory Uses.................................................................................................................. 66 6.1.4 Standards and Regulations................................................................................................. 66 6.1.5 Standards for Discretionary Uses........................................................................................ 66 6.1.6 Exceptions to Development Standards ............................................................................... 66 6.1.7 Prohibited Uses .................................................................................................................. 68 6.2 R2 - LARGE LOT RESIDENTIAL DISTRICT .......................................................................... 69 6.2.1 Purpose.............................................................................................................................. 69 6.2.2 Permitted and Discretionary Uses ....................................................................................... 69 6.2.3 Accessory Uses.................................................................................................................. 69 6.2.4 Standards and Regulations................................................................................................. 69 v | P a g e 6.2.5 Standards for Discretionary Use ......................................................................................... 69 6.2.6 Exceptions to Development Standards ............................................................................... 69 6.2.7 Prohibited Uses .................................................................................................................. 71 6.3 R3 - MEDIUM DENSITY RESIDENTIAL DISTRICT ............................................................... 72 6.3.1 Purpose.............................................................................................................................. 72 6.3.2 Permitted and Discretionary Uses ....................................................................................... 72 6.3.3 Accessory Uses.................................................................................................................. 72 6.3.4 Standards and Regulations................................................................................................. 72 6.3.5 Standards for Discretionary Uses........................................................................................ 72 6.3.6 Exceptions to Development Standards ............................................................................... 72 6.3.7 Prohibited Uses .................................................................................................................. 75 6.4 R4 - LOW DENSITY RESIDENTIAL AND MODULAR HOME DISTRICT ............................... 76 6.4.1 Purpose.............................................................................................................................. 76 6.4.2 Permitted and Discretionary Uses ....................................................................................... 76 6.4.3 Accessory Uses.................................................................................................................. 76 6.4.4 Standards and Regulations................................................................................................. 76 6.4.5 Standards for Discretionary Uses........................................................................................ 76 6.4.6 Exceptions to Development Standards ............................................................................... 76 6.4.7 Prohibited Uses .................................................................................................................. 78 6.5 CS - COMMUNITY SERVICE DISTRICT ................................................................................ 79 6.5.1 Purpose.............................................................................................................................. 79 6.5.2 Permitted and Discretionary Used....................................................................................... 79 6.5.3 Accessory Uses.................................................................................................................. 79 6.5.4 Standards and Regulations................................................................................................. 79 6.5.5 Standards for Discretionary Uses........................................................................................ 79 6.5.6 Exceptions to Development Standards ............................................................................... 79 6.5.7 Prohibited Uses .................................................................................................................. 82 6.6 C1 - COMMUNITY CENTRE COMMERCIAL DISTRICT ........................................................ 83 6.6.1 Purpose.............................................................................................................................. 83 6.6.2 Permitted and Discretionary Uses ....................................................................................... 83 6.6.3 Accessory Uses.................................................................................................................. 83 6.6.4 Standards and Regulations................................................................................................. 83 6.6.5 Standards for Discretionary Use ......................................................................................... 83 6.6.6 Exceptions to Development Standards ............................................................................... 83 vi | P a g e 6.6.7 Prohibited Uses .................................................................................................................. 86 6.7 C2 - HIGHWAY COMMERCIAL DISTRICT ............................................................................ 87 6.7.1 Purpose.............................................................................................................................. 87 6.7.2 Permitted and Discretionary Uses ....................................................................................... 87 6.7.3 Accessory Uses.................................................................................................................. 87 6.7.4 Standards and Regulations................................................................................................. 87 6.7.5 Standards for Discretionary Use ......................................................................................... 87 6.7.6 Exceptions to Development Standards ............................................................................... 87 6.7.7 Prohibited Uses .................................................................................................................. 90 6.8 MU - MIXED USE DISTRICT ................................................................................................. 91 6.8.1 Purpose.............................................................................................................................. 91 6.8.2 Permitted and Discretionary Use ........................................................................................ 91 6.8.3 Accessory Uses.................................................................................................................. 91 6.8.4 Standards and Regulations................................................................................................. 91 6.8.5 Standards for Discretionary Use ......................................................................................... 91 6.8.6 Exceptions to Development Standards ............................................................................... 92 6.8.7 Prohibited Uses .................................................................................................................. 95 6.9 M - INDUSTRIAL DISTRICT .................................................................................................. 96 6.9.1 Purpose.............................................................................................................................. 96 6.9.2 Permitted and Discretionary Uses ....................................................................................... 96 6.9.3 Accessory Uses .................................................................................................................. 96 6.9.4 Standards and Regulations ................................................................................................. 96 6.9.5 Standards for Discretionary Uses ........................................................................................ 96 6.9.6 Exceptions to Development Standards ................................................................................ 96 6.9.7 Prohibited Uses .................................................................................................................. 99 6.10 PR - PARKS AND RECREATION DISTRICT ........................................................................ 100 6.10.1 Purpose ........................................................................................................................ 100 6.10.2 Permitted and Discretionary Uses ................................................................................. 100 6.10.3 Accessory Uses ............................................................................................................ 100 6.10.4 Standards and Regulations ........................................................................................... 100 6.10.5 Standards for Discretionary Uses .................................................................................. 100 6.10.6 Exceptions to Development Standards.......................................................................... 100 6.10.7 Prohibited Uses ............................................................................................................ 102 6.11 FUD - FUTURE URBAN DEVELOPMENT DISTRICT ........................................................... 103 vii | P a g e 6.11.1 Purpose ........................................................................................................................ 103 6.11.2 Permitted and Discretionary Uses ................................................................................. 103 6.11.3 Accessory Uses ............................................................................................................ 103 6.11.4 Standards and Regulations ........................................................................................... 103 6.11.5 Standards for Discretionary Uses .................................................................................. 103 6.11.6 Exceptions to Development Standards.......................................................................... 103 6.11.7 Prohibited Uses ............................................................................................................ 105 7 EFFECTIVE DATE OF THE BYLAW ............................................................................................ 106 8 MAPS ........................................................................................................................................... 107 viii | P a g e 1 | P a g e 1 INTRODUCTION Under the authority of The Planning and Development Act, 2007 (The Act), and Bylaw No. 2018-03, the Town of Langham Official Community Plan 2042, the Council of the Town of Langham in the Province of Saskatchewan, in open meeting, hereby enact as follows: 1.1 TITLE This Bylaw shall be known and may be cited as the Zoning Bylaw of the Town of Langham. 1.2 SCOPE Development shall be permitted within the limits of the Town of Langham only when in conformity with the provisions of this Bylaw subject to the right of appeal provisions of The Act. 1.3 SEVERABILITY If any section, clause or provision of this Bylaw, including anything shown on the Zoning District Map, is for any reason declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Bylaw as a whole or in part, other than the section, clause, provision or anything shown on the Zoning District Map, declared to be invalid. 2 | P a g e 2 INTERPRETATION Whenever in this Bylaw the following words or terms are used, they shall, unless the context otherwise provides, be held to have the following meaning: Accessory Building or Use - Shall mean a building or use which: (a) is subordinate to and serves the principal building or principal use; (b) is subordinate in area, extent, and purpose to the principal building or principal used served; (c) contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served; and, (d) is located on the same site as the principal building or principal use served. Act - Shall mean The Planning and Development Act, 2007. Administrator - Shall mean the Administrator of the Town of Langham. Adult Day Care - Shall mean an establishment for the placement, care and supervision of adults, but does not include the provision of overnight supervision. Adult Day Care - Type I - Shall mean an adult day care with up to five persons under supervision at any one time. Adult Day Care - Type II - Shall mean an adult day care with more than five persons under supervision at any one time. Alteration - Shall mean any structural change in, or addition to, a building or structure, and shall include a change from one type of use to another. Ambulance Station - Shall mean a facility for receiving requests for ambulance service and for the stationing of one or more ambulances until dispatched in response to calls for service, which is operated by a person or corporation having a valid and subsisting ambulance license issued pursuant to The Ambulance Act and having a current contract with the Regional Health Authority. Ancillary Use - Shall mean a use that is secondary and subordinate in size, extent and purpose to the principal use on the same site, but is not necessary for the operation of the principal use on that site. Animal Hospital - Shall mean a place used for the care and treatment of small and large animals involving out-patient care, medical procedures involving hospitalization, and the keeping of animals in outdoor pens. Apartment House - Shall mean a building divided into three (3) or more dwelling units as herein defined, each of which is occupied or intended to be occupied as a permanent home or residence, as 3 | P a g e distinct from a hotel or motel. Aquaculture - Shall mean the farming or raising of aquatic organisms such as fish, crustaceans, molluscs or aquatic plants, either in constructed enclosures or in maintained and integrated multi- trophic environments, and shall not include aquaculture processing. Aquaculture Processing - Shall mean the treating or preparing of fish, shellfish, molluscs, crustaceans and marine algae and any treatment or use of fish offal for the preparation of fish feed. Bare Land Condominium - Shall mean a condominium divided into bare land units as defined in The Condominium Property Act, 1993. Bare Land Unit - Shall mean a bare land unit as defined within The Condominium Property Act, 1993. Bed and Breakfast Home - Shall mean a dwelling unit in which the occupants thereof use a portion of the dwelling unit for the purpose of providing, for remuneration, sleeping accommodation and one meal per day to members of the general public, for periods of one week or less, and in which: (a) not more than three bedrooms within the dwelling unit are used to provide such sleeping accommodation; (b) the dwelling unit is the principal residence of the person or persons receiving the remuneration and providing the sleeping accommodation and one meal per day; and, (c) the meal which is provided is served before noon each day. Building - Shall mean a structure constructed or placed on, in or over land but does not include a public highway. Building Bylaw - Shall mean any Bylaw of the Town of Langham regulating the erection, alteration, repair, occupancy or maintenance of buildings or structures. Building Front Line - Shall mean the line of the wall of the building, or any projecting portion of the building, and production thereof excluding permitted obstructions which faces the front site line. Building Height - Shall mean the vertical distance of a building measured from 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 (refer to Figure 2-1). Building Line, Established - Shall mean a line, parallel to the front site line (and, in the case of corner sites, a line, parallel to the side site line along the flanking street), and set back the average distance from the edge of the street to the main walls of the existing buildings on a side of any block of the street where more than half the lots have been built on. 4 | P a g e Building Permit - Shall mean a permit issued under a Building Bylaw of the Town of Langham authorizing the construction of all or part of a building or structure. FIGURE 2-1: Interpretation of Building Height Measurement Building, Principal - Shall mean the building in which is conducted the main or primary use of the site on which said building is situated. Building Rear Line - Shall mean the line of the wall of the building or any projecting portion of the building and production thereof excluding permitted obstructions which faces the rear site line. 5 | P a g e Building Side Line - Shall mean the line of the wall of the building, or any projecting portion of the building and production thereof excluding permitted obstructions, which faces the side site line. Carport - Shall mean a roofed enclosure for the parking of a motor vehicle or motor vehicles which has less than 60% of the total perimeter enclosed by walls, doors or windows and is attached to a principal building. Car Wash - Shall mean a building or portion of a building which is used for the washing of vehicles, including full service, automatic and hand operated facilities. Cemetery - Shall mean property used for the internment of the dead and may include facilities for the storage of ashes of human remains that have been cremated. Club - Shall mean a group of people organized for a common purpose, to pursue common goals, interests or activities, usually characterized by certain membership qualifications, payment of dues or fees, regular meetings, and a constitution and bylaws; and shall include lodges and fraternal organizations. Community Centre - Shall mean a building or facility used for recreational, social, educational or cultural activities and which is owned by a municipal corporation, non-profit corporation or other non-profit organization. Construction Trades - Shall mean offices, shops and warehouses, with or without associated retail sales of plumbing and heating, electrical, carpentry, masonry and other trades associated with construction of buildings. Convenience Store - Shall mean a store offering for sale primarily food products, beverages, tobacco, personal care items, hardware and printed matter and which primarily provides a convenient day-to-day service to residents in the vicinity. Corner Site - Shall mean a site at the intersection or junction of two or more streets. Council - Shall mean the Council of the Town of Langham. Cultural Institution - Shall mean an establishment such as a museum, art gallery, library and similar facilities of historical, educational or cultural interest. Custodial Care Facility - Shall mean either: (a) a facility for the temporary detention or open custody of persons pursuant to the provisions of The Youth Criminal Justice Act (Canada) or The Summary Offences Procedure Act, 1990 (Saskatchewan); or, (b) a facility for the accommodation of persons participating in a community training program 6 | P a g e pursuant to The Correctional Services Act. in which the number of persons in detention, custody or residence does not exceed five. Day Care Centre - Shall mean a facility for the non-parental care of over four (4) preschool age children on a daily basis and licensed under The Child Care Act. Deck - Shall mean a raised open platform, with or without rails, attached to a principal building. Development - Shall mean the carrying out of any building, engineering, mining or other operations in, on, or over land, or the making of any material change in the use or intensity of use of any building or land. Development Permit - Shall mean a document authorizing a development, issued pursuant to this Zoning Bylaw. Discretionary Use - Shall mean a use or form of development that may be allowed in a zoning district following application to, and approval of the Council; and which complies with the development standards, as required by Council, contained in this Bylaw. Dwelling - Shall mean a building used or intended for residential occupancy excluding Mobile Homes and Modular Homes, but may include a Prefabricated Dwelling or a Ready-to-Move Dwelling as herein defined. Dwelling Group - Shall mean a group of two or more detached one unit dwellings, two unit dwellings or multiple unit dwellings or combinations thereof occupying the same site. Dwelling, Multiple Unit Apartment - Shall mean a multiple unit dwelling divided into three or more dwelling units as herein defined, each of which is occupied or intended to be occupied as a permanent home or residence, but not hotels, motels, or townhouses. Dwelling, Multiple Unit Apartment Style Configuration - shall mean a building divided into three or more dwelling units as herein defined and shall include apartment houses, but not hotels, motels or townhouses. Dwelling, Multiple Unit Townhouse - Shall mean a multiple unit dwelling in which each dwelling unit has its own entrance to the outside and each unit is separated from other units by a common wall or ceiling which has no openings. Dwelling, Multiple Unit - a building on its own site divided into three or more dwelling units and shall include townhouses and apartments, but not hotels or motels. 7 | P a g e Dwelling, Prefabricated - Shall mean a dwelling which is constructed of pre-fabricated parts, unit modules and / or finished sections built in a factory, and which are transported to the site for assembly on an approved foundation and which complies with the National Building Code. Dwelling, Ready-to-Move (RTM) - Shall mean a ready-to-move one unit dwelling which is built to completion off-site using conventional lumber and building practices according to the National Building Code of Canada, and which is transported to the site as a complete unit for placement on a n approved foundation which complies with the National Building Code. Dwelling, Semi-Detached - Shall mean a dwelling unit on its own site, attached to one other dwelling unit on its own site, with a common party wall dividing the two dwelling units without opening. Dwelling, Single Detached - Shall mean a detached building consisting of one dwelling unit as herein defined, but shall not include a mobile home or manufactured home, as herein defined. Dwelling, Street Townhouse - Shall mean a dwelling unit on its own site, attached to two or more other dwelling units, each on their own sites, in which each unit has its own access to the exterior and each unit is separated from other units by a common party wall or ceiling which has no openings. Dwelling, Two-Unit - Shall mean a detached building on its own site divided into two dwelling units, each with its own entrance to the outside. Dwelling Unit - Shall mean a separate set of living quarters, whether occupied or not, usually containing sleeping facilities, sanitary facilities and a kitchen or kitchen components. For the purposes of this definition, "kitchen components" include, but are not limited to, cabinets, refrigerators, sinks, stoves, ovens, microwave ovens or other cooking appliances and kitchen tables and chairs. Educational Institution - Shall mean a post-secondary college, university or technical institution, but shall not include a private school. Efficiency Unit - Shall mean a dwelling unit in a multiple unit dwelling that contains no bedroom separate from a living room or living-dining room. Estimated Peak Water Level (E.P.W.L.) - Shall mean the calculated water level use to determine the flood hazard area. It is based on the 1:500 peak flow for rivers, and the higher of the 1:500 peak calm level or the 1:100 peak calm level with a 1:5 wind from the most critical direction for most lakes. Face Area, Sign - Shall mean the area of the single face of any sign and is calculated using the illustration in Figure 2-2. 8 | P a g e Face Area, Total Sign - Shall mean the total amount of sign face area on a sign including all sides. Fence - Shall mean an artificially constructed barrier erected to enclose or screen areas of land. Financial Institution - Shall mean a bank, credit union, trust company, or similar establishment. Flankage - Shall mean the side site line of a corner site which abuts the street. FIGURE 2-2: Calculation of Sign Face Area Flood Hazard Area - Shall mean the area below the E.P.W.L.. The flood hazard area has two zones; the Flood Fringe and the Floodway. Flood Fringe - Shall mean a zone within the flood hazard area where some types of development may occur if suitably flood-proofed. The flood fringe is typically defined as that portion of the flood hazard area where: (a) depth of inundation above natural ground is less than 1.0 m; (b) flow velocities are less than 1.0 m per second; and (c) encroachment (fill) into the flood fringe would raise upstream water levels by less than 0.3 m. Floodway - Shall mean a zone within the flood hazard area where typically only necessary infrastructure is allowed (e.g. water intakes and outfalls, bridge piers and abutments, etc.) or development that is of low value and non-obstructive (e.g. parks, nature areas, parking lots, and recreational trails). The floodway contains the deepest, fastest, and most destructive flood waters and is typically defined as that portion of the flood hazard area where: 9 | P a g e (a) depth of inundation above natural ground is more than 1.0 m; (b) flow velocities are greater than 1.0 m per second; and (c) encroachment (fill) into the flood fringe would raise upstream water levels by more than 0.3 m Flood Proofing: Shall mean techniques or measures taken to permanently protect a structure or development from flood damage. These can include measures such as elevation building (e.g. building on fill or piers), constructing dykes, creating upstream storage, diversions and channelization. Floor Area - Shall mean the maximum habitable area contained within the outside walls of a building, excluding in the case of a dwelling unit any private garage, porch, sunroom, unfinished attic or unfinished basement. Frontage - Shall mean the side of a site abutting a street and, in the case of a corner site, the shorter of the sides is the frontage. Fuel Storage Tank, Above Ground - Shall mean a storage tank, any portion of which is above grade and containing gasoline, diesel fuel, or propane for retail sale or dispensing into motor vehicles. Garden Suite - shall mean a detached single unit dwelling which is temporarily located on the same site as an existing dwelling unit to provide accommodation for a specific person or persons who are physically dependent on the residents of the existing dwelling unit or to provide accommodations for a caregiver of whom a specific person or persons residing in the existing dwelling unit is physically dependent. Garage, Private - Shall mean a garage used for storage purposes only, where no business, occupation or service is conducted for gain, other than an approved home based business, and in which no space is rented for commercial vehicles to a non-resident of the premises. Garage, Public -Shall mean any garage available to the public, operated for gain, and which is used for repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles, including painting, body work and major repairs. Garage, Storage - Shall mean a garage exclusively used for the storage of motor vehicles and where no repair facilities are maintained. Gas Bar - Shall mean a building or facility used for the retail sale of motor vehicle fuels from fixed pumps. Grade Level - Shall mean the average level of the finished surface of the ground adjacent to the exterior walls of the building or structure. In the case of one-unit dwellings, two-unit dwellings and 10 | P a g e semi-detached dwellings with a walk-out basement, grade level shall be the average elevation of the finished surface of the ground adjacent to the side walls of the building. Hazard Land - Shall mean land which is subject to flooding, ponding, subsidence, landslides or erosion. Hazardous Material - Shall mean any product, substance or organism which, because of its quantity, concentration or risk of spill, or its physical, chemical or infectious characteristics, either individually or in combination with other substances, is an existing or potential threat to the physical environment, to human health or to living organisms, including but not limited to: (a) Corrosives; (b) Explosives; (c) Flammable and combustible liquids; (d) Flammable solids; substances liable to spontaneous combustion; substances that on contact with water emit flammable gases; (e) Gases, compressed, deeply refrigerated, liquified or dissolved under pressure; (f) Oxidizing substances; organic peroxides; (g) Poisonous (toxic) or infectious substances; (h) Radioactive materials; (i) Waste Dangerous Materials; and/or, (j) Any other environmentally hazardous substance. Health Care Clinic - Shall mean a facility or institution engaged in the provision of services for health maintenance, diagnosis or treatment of human pain, injury or other physical condition on an out-patient basis. Home Based Business - Shall mean an accessory use of a dwelling unit by a resident of the dwelling for a business which is secondary and incidental to the primary use of the dwelling as a residence, and does not change the residential character of the buildings or site. Home Based Business - Type I - Shall mean a home based business owned and operated by a resident or residents of the dwelling unit. Home Based Business - Type II - Shall mean a home based business owned and operated by a resident or residents of the dwelling unit, but where no more than one non-resident person may be employed on the site. Hotel - Shall mean a building or part of a building used as a place for sleeping accommodation with or without meals, and which may have a licensed beverage room, but does not include a motel. Intersection - Shall mean an area where two or more streets or lanes meet or cross at grade. 11 | P a g e Junk and Salvage Yards - Shall mean uses including, but not limited to, uses involved in salvaging, storing or selling scrap metal, paper, plastic, glass, wood and other waste material, as well as unlicensed vehicles and used vehicle parts. Kennel, Boarding - Shall mean the temporary accommodation of dogs, cats or other domestic animals for commercial purposes. Kennel, Breeding - Shall mean the keeping of more than four dogs, cats or other domestic animals, male and female, and which are more than 12 months old, for breeding purposes. Landscaping - Shall mean the changing, rearranging, or adding to the original vegetation of a site, including site grading, addition of topsoil, grass, trees, plants, sidewalks and other natural or decorative features. Lane - Shall mean a public highway vested in the Crown as a secondary level of access to a lot or parcel of land. Light Manufacturing - Shall mean a light industrial use where all processing, fabricating, assembly, or disassembly of items takes place wholly within an enclosed building, including, but not limited to apparel, food, drapes, clothing accessories, bedspreads, decorations, artificial plants, jewellery, instruments, computers, electronic devices. Linear Park - Shall mean dedicated land developed in a linear fashion, between 15 and 35 m in width, intended to facilitate pedestrian and cycling transportation, and may also facilitate the management of storm water. Loading Space - Shall mean a space, measuring at least 3.0 m in width and 7.5 m in depth, located on a site, and having access to a street or lane, in which a vehicle may park to load or unload goods. Lot - Shall mean an area of land with fixed boundaries and which is of record with the Information Services Corporation by Certificate of Title. Lounge - Shall mean a room or area adjoining a restaurant that permits the sale of beer, wine or spirits for consumption on the premises, with or without food, and where no entertainment or dance floor is permitted, either in the lounge or in the restaurant attached to the lounge. Mall - Shall mean a single story commercial building in which, up to six (6) permitted or discretionary commercial uses are located together for their mutual benefit, each use having a separate entrance to the outside. Mayor - Shall mean the Mayor of the Town of Langham. 12 | P a g e Medical, Dental and Optical Laboratories - Shall mean a place fitted with medical and scientific equipment and used for the conduct of medical, dental or optical investigations, experiments, and tests; or for the manufacture of medicines or medical aid devices, but does not include the manufacture of industrial chemicals. Membrane Covered Structures - Shall mean a structure consisting of a frame that is covered with a plastic, fabric, canvas or similar non-permanent material, which is used to provide storage for vehicles, boats, recreational vehicles, or other personal property. The term shall also apply to structures also commonly known as hoop houses, canopy covered carports, tent garages and can be fully or partially covered, but does not include gazebos. Minister - Shall mean the member of the Executive Council to whom, for the time being, is assigned the administration of The Planning and Development Act, 2007. Mobile Home - Shall mean a trailer coach: (a) that is used as a dwelling all year round; (b) that has water faucets and shower or other bathing facilities that may be connected to a water distribution system; (c) that has facilities for washing and a water closet or other similar facility that may be connected to a sewage system; and, (d) that conforms to Canadian Standards Association, Construction Standard No.Z240.2.1-1979 (e) and amendments thereto. Modular Home - Shall mean a dwelling which is constructed of pre-fabricated parts, unit modules and / or finished sections built in a factory, and which are transported to the site for assembly on an approved foundation and is certified by the manufacturer that it complies with the Canadian Standards Association Code CSA-A277. Modular Unit - Shall mean a factory built frame or shell which comprises supporting and non- supporting walls, siding and other components of a prefabricated home representing only a section of a dwelling and has neither chassis, running gear nor its own wheels. Motel - Shall mean an establishment consisting of a group of attached or detached living or sleeping accommodations each with a bathroom, located on a lot or site and designed for use by the public, and may include a restaurant or licensed dining room. Municipal Facility - Shall mean land and/or structures owned by the Municipality including, but not limited to, land and/or structures used for the following: (a) Office and/or meeting space; (b) Storage of municipal equipment and/or supplies; (c) Recreation; and/or 13 | P a g e (d) Other institutional purposes. Municipality - Shall mean the Town of Langham. Night Club - Shall mean a building or portion thereof, where beer, wine or spirits are served to patrons for consumption on the premises, with or without food, and where a designated area for entertainment or dancing during certain hours of operation may also be provided. Non-Conforming Building - Shall mean a building: (a) that is lawfully constructed or lawfully under construction, or in respect to which all required permits have been issued, on the date that this Bylaw or any amendment to the Bylaw affecting the building or land on which the building is situated or will be situated, becomes effective; and, (b) that on the date this Bylaw or any amendment hereto becomes effective does not or when constructed will not comply with this Bylaw. Non-Conforming Site - Shall mean a site, consisting of one or more contiguous parcels, to which all required permits have been issued on the date that this Bylaw or any amendment to the Bylaw becomes effective, contains a use that conforms to the Bylaw, but the site area or site dimensions do not conform to the standards of the Bylaw for that use. Non-Conforming Use - Shall mean a lawful specific use: (a) being made of land or a building or intended to be made of a land or of a building lawfully under construction, or in respect to which all required permits have been issued, on the date this Bylaw or any amendment hereto becomes effective; and, (b) that on the date this Bylaw or any amendment hereto becomes effective does not, or in the case of a building under construction or in respect of which all required permits have been issued, will not comply with this Bylaw. Office and Office Building - Shall mean a building or part of a building used primarily for conducting the affairs of a business, profession, service, industry, or government in which no goods or commodities of business or trade are stored, transhipped, sold or processed. Official Community Plan - Shall mean the Official Community Plan for the Town of Langham. Parking Lot - Shall mean an open area of land, other than a street, used for the temporary parking of more than four vehicles and available for public use whether free, for charge, or for accommodation of clients or customers. Parking, Off-Street - Shall mean accommodation for the parking of vehicles off a public street or lane. 14 | P a g e Parking Space, Vehicle - Shall mean a space within a building or parking lot for the parking of one vehicle and which has access to a developed street or lane, having minimum dimensions of 2.7 m wide by 6.7 m deep with direct lane access; 3.0 m wide by 6.7 m deep for a parallel space; and 2.7 m wide by 6.0 m deep for all other. Permitted Use - Shall mean any use or form of development, other than a discretionary use, specifically allowed in a zoning district subject to the regulations applicable to that zoning district. Personal Care Home - Shall mean a facility licensed under the Personal Care Homes Act that provides long term residential, social and personal care, including accommodation, meals, supervision or assistance for persons who have some limits on ability for self-care, and are unrelated to the operator or owner. Personal Service Shops - Shall mean establishments engaged in providing the care of a person or their apparel, which include barber shops, hairstyle salons, laundries, dry cleaners, shoe repair, photographic studios and other similar uses. Photography Studio - Shall mean a place used for portrait or commercial photography, including the developing and processing of film, and the repair or maintenance of photographic equipment. Place of Worship - Shall mean a place used for worship and related religious, philanthropic or social activities and includes accessory rectories, manses, meeting rooms and other buildings. Typical uses include churches, chapels, mosques, temples, synagogues and parish halls. Preschool - Shall mean a facility which provides a program for preschool aged children. Public Hospital - Shall mean a hospital operated by the Regional Health Authority. Public Utility - Shall mean a government, municipality or corporation under Federal or Provincial statute which operates a public work. Public Work - Shall include: (a) systems for the production, distribution or transmission of electricity; (b) systems for the distribution, storage or transmission of natural gas or oil; (c) facilities for the storage, transmission, treatment, distribution or supply of water; and/or, (d) facilities for the collection, treatment, movement or disposal of sanitary sewage. (e) telephone, internet, cable television or light distribution or transmission lines; and, (f) facilities for the collection, storage, movement and disposal of storm drainage. Recreational Facility, Commercial - Shall mean a recreation or amusement facility operated as a business and open to the general public for a fee. 15 | P a g e Recreational Facility, Public - Shall mean a recreation or amusement facility operated by the province, municipality, or a non-profit organization and open to the general public. Recreation Vehicle - Shall mean a unit intended to provide temporary living accommodation for campers or travellers; built as part of, or to be towed by, a motor vehicle; and includes truck campers, motor homes, tent trailers and travel trailers. Recycling Collection Depot - Shall mean a building or structure used for collection and temporary storage of recyclable household material such as bottles, cans, plastic containers and paper. The following shall not be allowed at a recycling collection depot: (a) processing of recyclable material other than compaction; (b) collection and storage of paints, oil, solvents or other hazardous material(s); nor, (c) outdoor compaction. Residential Care Facility - Shall mean a licensed or approved group care facility governed by Provincial regulations that provides, in a residential setting, 24 hour care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. Residential Care Facility - Type I - Shall mean a residential care facility in which the number of residents, excluding staff, does not exceed four. Residential Care Facility - Type II - Shall mean a residential care facility in which the number of residents, excluding staff, is more than four. Restaurant - Shall mean a place where food and beverages are prepared and served to patrons seated at tables or counters, in a motor vehicle on the premises, or for off-site consumption, and may include a drive-through service window. Retail Store - Shall mean a place where goods, wares, or merchandise are offered for sale or rent, and may include the manufacturing of products to be sold on site, provided the gross floor area used for manufacturing does not exceed 25% of the gross floor area of the retail store. Rooming House - Shall mean a building that contains more than one rooming unit, including a boarding or lodging house. Rooming Unit - Shall mean a room or rooms for accommodation, other than a dwelling unit or other form of accommodation defined elsewhere in this Bylaw, with sleeping facilities but without private toilet facilities. Safe Building Elevation (S.B.E.) - Shall mean the level defined by the Ministry of Municipal Affairs at time of subdivision and by municipal bylaw to which flood-proofing must be undertaken for developments in the flood hazard area. The S.B.E. is calculated as the Estimated Peak Water Level 16 | P a g e (E.P.W.L.) plus a freeboard value. The freeboard allows for uncertainties in the calculations, and for other possible hazards such as ice shoves, ice jams, and erosion. The Saskatchewan Watershed Authority usually recommends a freeboard of 0.5 m for most situations. For dykes used as flood- proofing, a freeboard of 0.6 m is usually recommended. In areas with high uncertainty in the hydrology or hydraulic response of the lake or river, a freeboard of up to 1.0 m may be recommended. School, Private - Shall mean a facility which meets Provincial requirements for elementary, secondary, or higher education, and which does not secure the majority of its funding from taxation or any governmental agency, and may include vocational and commercial schools, music or dance schools and other similar schools. School, Public - Shall mean a facility which meets Provincial requirements for elementary or secondary education, and which secures the majority of its funding from taxation. Screening - Shall mean a fence, wall, berm or planted vegetation located so as to visually shield or obscure one abutting area of use from another. Service Station - Shall mean a place where petroleum products are kept for retail sales for automobiles and other motor vehicles and where repairs, rental, servicing, greasing, adjusting or equipping of automobiles or other motor vehicles may be performed, but not including painting, body work and major repairs. Shipping Containers - Shall mean a prefabricated metal container or box specifically constructed for the transport of goods by rail, ship or transport truck. Shopping Centre - Shall mean a building, or group of buildings, located on the same site and managed as a single unit, in which individual spaces are leased to permitted or discretionary commercial uses for their mutual benefit, including the use of off-street parking and other joint facilities. Sight Triangle - Shall mean the triangular area formed, on corner sites, by the intersecting front and side site lines at a street intersection and the straight line joining said site lines at points which are a measured distance along said site lines (refer to Figure 2-3). Sign - Shall mean any device, letters, figures, symbols, emblems, or pictures which are affixed to, or represented directly or indirectly upon a building or structure, which identify or advertise any object, product, place, activity, person, organization or business; and which is visible on a street or public thoroughfare. Sign, Awning - Shall mean a sign made from canvas, plastic or similar non-rigid material affixed to a frame and attached to a building wall (refer to Figure 2-4(a)). 17 | P a g e Sign, Canopy - Shall mean a sign consisting of a rigid, multi-sided structure supported by columns or posts embedded in the ground (refer to Figure 2-4(b)). Sign, Directional / Information - Shall mean a sign giving directions, instructions or facility information but not including any advertising copy. Sign, Fascia - Shall mean a sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of the sign, and which does not project more than 0.25 m from such building or structure. FIGURE 2-3: Sight Triangle 18 | P a g e FIGURE 2-4(a): Illustration of Awning Sign FIGURE 2-4(b): Illustration of a Canopy Sign Sign, Free-Standing - Shall mean a non-movable sign, not affixed to a building, and which is supported by a pole or similar structure. Sign, Marquee - Shall mean a sign that is mounted or painted on, or attached to an awning, canopy or marquee. Sign, Portable - Shall mean a portable, free-standing sign, mounted on a wide based frame, with a single sign face area no greater than 6.0 m², which can be readily moved or transported to various locations (refer to Figure 2-4(c)). 19 | P a g e FIGURE 2-4(c): Illustration of Portable Signs Sign, Projecting - Shall mean a sign which is wholly or partially dependent upon a building for support and which projects more than 0.25 m beyond the wall of the building (refer to Figure 2- 4(d)). FIGURE 2-4(d): Illustration of a Projecting Sign Sign, Roof - Shall mean a sign that is mounted on the roof of a building, or which is wholly dependent upon a building for support and which projects above the point of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof or the deck line of a building with a mansard roof. Sign, Temporary - Shall mean a removable sign erected for a period of time not exceeding six months. 20 | P a g e Site - Shall mean one or more contiguous lots under one ownership and used, or intended to be used, by a single principal use or principal building. Site, Corner - Shall mean a site at the intersection of two or more streets (refer to Figure 2-5). Site, Interior - Shall mean a site other than a corner site. Site Coverage - Shall mean that portion of the site that is covered by principal and accessory buildings. Site Line, Front - Shall mean the line that divides the site from the street. In the case of a corner site, the front site line shall mean the line separating the narrowest street frontage of the site from the street. Site Line, Rear - Shall mean the line at the rear of the site and opposite the front site line. Site Line, Side - Shall mean a site line other than a front or rear site line. Site, Through - Shall mean a site not more than one lot in depth, having a frontage on two streets more or less parallel (refer to Figure 2-5). Site Width - Shall mean for rectangular sites, the horizontal distance between the side boundaries of the site measured along the front site line. For non-rectangular sites, the average of the horizontal distances between the side boundaries of the site measured along the front and rear site lines (refer to Figure 2-6). Street - Shall mean a public thoroughfare which affords the principal means of access to the abutting property. Structural Alteration - Shall mean the construction or reconstruction of supporting elements of a building or other structure. 21 | P a g e FIGURE 2-5: Illustration of Site Definition 22 | P a g e FIGURE 2-6: Illustrations of Site Width Structure - Shall mean anything erected or constructed, the use of which requires temporary or permanent location on, or support of, the soil, or attached to something having permanent location on the ground or soil; but not including pavements, curbs, walks or open air surfaced areas. Tavern - Shall mean a building or portion thereof where beer, wine, or spirits are served to patrons for consumption on the premises, with or without food, and where no entertainment or dance floor is permitted. Temporary Building - Shall mean a building under 50 m² in floor area without a foundation or footing, and that is to be removed upon expiration of a designated time period. Temporary Use - Shall mean a use established for a fixed period of time and that is to be discontinued upon the expiration of the time period specified for that use. Terrace - Shall mean a level, artificially surfaced area adjacent to a principal building, not covered by a roof, at or within 0.6 m of the finished grade; including patios. Theatre - Shall mean a place devoted to showing motion pictures or dramatic, dance, musical or other live performances. Tourist Campground - Shall mean a tract or parcel of land which provides for the location of tents or recreation vehicles used by travellers and tourists for overnight accommodation. Town - Shall mean the Town of Langham. Townhouse - Shall mean a dwelling, designed as one cohesive building in terms of architectural design, which contains three or more similar attached dwelling units each of which fronts on a street, has direct access to the outside at grade and is not wholly or partly above another dwelling. 23 | P a g e Trailer Coach - Shall mean any vehicle used or constructed in such a way as to enable it to be used as a conveyance upon public streets or highways and includes a self-propelled or non-self- propelled vehicle designed, constructed or reconstructed in such a manner as to permit the occupancy thereof as a dwelling or sleeping place for one or more persons notwithstanding that its running gear is removed or that it is jacked up. Use - Shall mean the purpose or activity for which a piece of land, or its building is designed, arranged, intended, occupied or maintained. Use, General Industrial - Shall mean any of the following activities: (a) the processing of raw or finished materials; (b) the manufacturing or assembly of goods, products or equipment; (c) the cleaning, servicing, repairing or testing of materials, goods and equipment normally associated with industrial or commercial businesses or cleaning, servicing and repair operations to goods and equipment associated with personal or household use, where such operations have impacts that would make them incompatible with non-industrial development; (d) the storage or trans-shipping of materials, goods and equipment, including warehouses; (e) the training of personnel in general industrial operations; and/or, (f) indoor display, office, technical or administrative support areas or any sales operation accessory to the general industrial use. Veterinary Clinic - Shall mean a place for the care and treatment of small animals involving outpatient care and medical procedures involving hospitalization, but shall not include the keeping of animals in outdoor pens. Wall Height - Shall mean the vertical distance of a building measured at the outermost building face, from grade level to the top of the wall, not including the roof. Warehouse - Shall mean a building used primarily for the storage of goods and materials. Wholesale Establishment - Shall mean the sale of commodities to retailers or jobbers and shall include the sale of commodities for the purpose of carrying on any trade or business. Yard - Shall mean an unoccupied space open to the sky on the same site with a building or structure Yard, Front - Shall mean the area between the side site lines and the front site line to the front building line. Yard, Rear - Shall mean the area between the side site lines, and the rear site line to the rear building line. 24 | P a g e Yard, Required - Shall mean a yard or yards required by this Bylaw and within which, unless specifically permitted, no building or structure, or part of a building or structure shall be erected. Yard, Side - Shall mean the area between the front and rear yards and between the side site line and the side building line. Zoning District - Shall mean a specifically delineated area of the municipality within which certain uniform requirements and regulations or various combinations thereof govern the use, placement, spacing and size of land and structures. 25 | P a g e 3 ADMINISTRATION 3.1 DEVELOPMENT OFFICER 1) The Development Officer shall administer this Bylaw. 2) The Development Officer shall be the Administrator of the Town of Langham and any other person authorized, in writing, by the Administrator to act as a Development Officer for the purposes of this Bylaw and The Act. 3.2 DEVELOPMENT PERMIT 1) Except as provided in Section 3.2.2 no person shall undertake a development or commence a use unless a development permit has first been obtained. A Development Permit cannot be issued in contravention of any of the provisions of this Bylaw subject to Sections 213 to 232 of The Act. 2) A development permit is not required for the following, but all other applicable provisions of this Bylaw are to be followed for: i. the maintenance of a public work by the municipality or a public utility; ii. the construction of a public work by the municipality; iii. the installation of a public work on any street or other public right-of-way by the municipality; and iv. maintenance and repairs that do not include structural alterations; 3) If the development or use authorized by a development permit is not completed within twelve (12) months of its issue, the permit is deemed void unless an extension to the approval period, to a maximum of twelve (12) months, has been granted by the development officer. 4) A building permit shall not be issued unless a development permit, where required, has been granted. If a development permit is deemed void, a new building permit or sign permit is required in conjunction with the issuance of a replacement development permit. 5) An application for a development permit shall be processed concurrently with an application for a sign permit. The development permit shall take the form of a stamp affixed to the required sign permit. 3.3 DEVELOPMENT PERMIT APPLICATION REQUIREMENTS 1) Except in the case of applications for a sign permit, a portable sign license or a home based business, every application for a development permit shall be accompanied by the following: 26 | P a g e i. The names, addresses and telephone numbers of the applicant, property owner and person or consultant who prepared the plans being submitted, including a local contact person. ii. The proposed use of the site or building to be constructed, or the proposed use of the existing building floor area to be altered or occupied, including the area of the proposed building or renovations. iii. The complete legal description and civic address of the subject property. iv. Two copies of a site plan, drawn to scale with appropriate dimensions, showing the following information: a. north arrow, streets and lanes adjacent to the site, key plan showing nearby lot patterns, all property boundaries, identified frontage of site, site area, site elevations and the location of any existing buildings, structures, utility poles and wires, fire hydrants, underground utilities, easements, building encroachments, and the type and location of existing trees; b. the location and size of proposed buildings or structures, including all front, side and rear yard setback dimensions and the location of all doorways, walkways and pedestrian circulation areas; and, c. the location and size of all proposed parking spaces, aisles and vehicle circulation areas, loading spaces, and entrances and exits to the site. v. two copies of scaled plans, showing the dimensioned floor plans and elevations, including both interior and exterior wall and floor dimensions and room areas and dimensions. 2) The Development Officer may require the submission of documentation relating to the requirements of Section 4.15 of this Bylaw, where relevant. 3.4 DEVELOPMENT PERMIT APPLICATION PROCESS 1) Applications for a development permit shall be submitted to the Development Officer in accordance with the requirements of this Bylaw. 2) The Development Officer shall issue a development permit for a development that complies in all respects with the requirements of this Bylaw, the Official Community Plan and The Act. 3) Where an application is made for a development permit with respect to a development for a discretionary use which has been approved by Council, the Development Officer shall issue a development permit subject to any specified development standards and time limits prescribed by Council pursuant to Section 56(1)(c) and (d) of The Act. 4) Every decision of the Development Officer with respect to an application for a development permit shall be in writing and a copy of the decision shall be sent to the applicant. 5) The Development Officer may revoke a development permit where: i. the development permit has been issued in error; ii. an approved development for a permitted use is not being developed in accordance with the provisions of this Bylaw, or in accordance with the standards and conditions specified in the development permit; 27 | P a g e iii. the approval of a proposed development for a discretionary use is deemed to be invalid; or, iv. a development is subject to an agreement which has been cancelled by Council pursuant to Sections 65 or 69 of The Act. 6) The Development Officer shall give the reasons for denying or revoking a development permit. 3.5 DEVELOPMENT PERMIT APPLICATION FEES 1) An applicant seeking the approval of a development permit application shall pay a fee of $50.00. 2) There shall be no development permit application fee for accessory buildings under 9.3 m² in area. 3) There shall be no development permit application fee for fences. 4) There shall be no development permit application fee for sign permits. Sign permit fees are set out in Section 4.10.4 of this Bylaw. 3.6 DEVELOPMENT APPEALS BOARD 1) A Development Appeals Board of the Town of Langham shall be appointed in accordance with Sections 213 to 227 of The Act. 3.7 RIGHT OF APPEAL 1) Where an application for a PERMITTED USE has been REFUSED, the applicant shall be advised of the right of appeal to the Development Appeals Board of the Town of Langham. 2) Where an application for a DISCRETIONARY USE has been APPROVED by Council, WITH PRESCRIBED SPECIAL DEVELOPMENT STANDARDS pursuant to this Bylaw, the applicant shall be advised that any development standards considered excessive, may be appealed to the Development Appeals Board of the Town of Langham. 3) Where an application for a DISCRETIONARY USE has been REFUSED by Council, the applicant shall be advised that there is no appeal pursuant to Section 219(2) of The Act. 4) An application for a Development Permit for a PERMITTED USE shall be deemed to be refused when a decision thereon is not made within 40 days after the receipt of the application in its complete and final form by the Development Officer, and an appeal may be made as provided in Section 3.7.1 as though the application had been refused at the end of the period specified in this subsection. 5) Where a person wishes to appeal to the Board, he/she shall file written notice of his/her intention to appeal with the secretary of the Board, together with a sum of not more than $50.00 that the Board may specify to be applied to the expenses of the appeal. 3.8 MINOR VARIANCES 1) The Development Officer may grant a variance of up to 10% of any yard requirement or minimum required distances between buildings for a use that is a permitted or 28 | P a g e discretionary use as specified in this Bylaw. All such variances shall be subject to the conditions and granted in accordance with the procedures contained in Section 60 of The Act. 2) The Development Officer shall maintain a registry of the location and all relevant details of the granting of such variances. 3) An application for a minor variance shall be in a form prescribed by the Development Officer and shall be accompanied by an application fee of $50.00. 3.9 NON-CONFORMING USES, BUILDINGS AND SITES 1) Non-conforming uses, non-conforming buildings and non-conforming sites shall be subject to Sections 88 - 93 inclusive of The Act. 2) No existing building, site or use shall be deemed to be non-conforming by reason only of the conversion from the Imperial System of Measurement to the International System of Units (S.I.) where such nonconformity results solely from such conversion and is reasonably equivalent to the S.I. standard herein established. 3.10 DISCRETIONARY USE APPLICATIONS 1) Discretionary Use Application Fees i. An applicant seeking a discretionary use approval shall pay the following fees: a. an application fee of $200.00 (for a discretionary principal use). The application fee relates to application for both discretionary use approval and issuance of a development permit. ii. An applicant seeking the renewal of a discretionary use that was previously approved by Council for a limited time shall pay the following fees: a. an application fee of $200.00. 2) Discretionary Use Application Process i. The following procedures shall apply to discretionary use applications: a. Applicants must file with the Development Officer a development permit application, a site plan, any other plans and information as required by the Development Officer and pay the required application and public hearing fees; b. The application will be examined by the Development Officer for conformance with the Official Community Plan, this Bylaw, and any other applicable policies and regulations; c. The Development Officer may request comments from other government agencies where applicable; d. The Development Officer will prepare a report concerning the application including recommendations that conditions be applied to an approval; e. The Development Officer will set a date for the meeting at which the application will be considered by Council and will give notice by ordinary mail to assessed owners of property within 75 m of the boundary of the applicant's land; f. Council shall consider the application together with the report of the Development Officer, and any written or verbal submissions received by Council; 29 | P a g e g. Council may reject the application or approve the application with or without conditions, including a condition limiting the length of time that the use may be conducted on the site; and, h. The Development Officer shall notify the applicant of Council's decision by ordinary mail addressed to the applicant at the address shown on the application form. ii. Discretionary uses, discretionary forms of development, and associated accessory uses are subject to the development standards and applicable provisions of the zoning district in which they are located. In approving any discretionary use to minimize land use conflict, Council may prescribe specific development standards related to: a. site drainage of storm water; b. the location of buildings with respect to buildings on adjacent properties; c. access to, number and location of parking and loading facilities including adequate access and circulation for pedestrian and vehicle traffic; d. appropriate space for vehicle line ups for drive through commercial facilities in order to reduce disruption of traffic flows on adjacent roadways; e. control of noise, glare, dust and odour; f. landscaping, screening and fencing and preservation of existing vegetation to buffer adjacent properties; and/or, g. the size, shape and arrangement of buildings, and the placement and arrangement of lighting and signs. iii. Council's approval of a discretionary use application is valid for a period of twelve (12) months from the date of the approval. An approval shall be deemed to be invalid if the proposed use or proposed form of development has not commenced within that time or if the Council determines, within the twelve (12) month approval period, that the proposed development is not proceeding in accordance with the terms and conditions of its approval. The Development Officer shall advise the applicant when an approval is no longer valid and shall revoke the associated development permit. iv. If an approved discretionary use or form of development ceases to operate for a period of six (6) months or more, the discretionary use approval shall no longer be valid. The Development Officer shall advise the owner and Council when a prior approval is no longer valid. 3) General Discretionary Use Evaluation Criteria Council will apply the following general criteria and where applicable the Use- Specific Criteria in Section 3.10.4 in the assessment of the suitability of an application for a discretionary use or discretionary form of development. i. The proposal must be in conformance with all relevant sections of the Official Community Plan and must demonstrate that it will maintain the character, density and purpose of the zoning district, where necessary through the provision of buffer areas, separation and screening. 30 | P a g e ii. The proposal must be capable of being economically serviced by community infrastructure including roadways, water and sewer services, solid waste disposal, parks, schools, and other utilities and community facilities. iii. The proposal must demonstrate that it is not detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity or injurious to property, improvements or potential development in the vicinity. iv. The proposal must provide sufficient landscaping and screening, and, wherever possible, shall preserve existing vegetation. v. The proposal must demonstrate that any additional traffic generated by the use can be adequately provided for in the existing parking and access arrangements. Where this is not possible further appropriate provisions shall be made so as to ensure no adverse parking or access effects occur. vi. Consideration will be given to the presence of activities already located in the area and on the site, and their effect on the surrounding residential environment, such as the cumulative effect of locating an activity on a site adjacent to or already accommodating an activity that may currently generate traffic, noise, etc. not in keeping with the character of the adjacent area. vii. Consideration will be given to addressing pedestrian safety and convenience both within the site, and in terms of the relationship to the road network in and around the adjoining area. viii. All operations shall comply with all regulations of Saskatchewan Environment and Saskatchewan Labour which govern their operation and development. ix. Proposals for discretionary uses which may result in heavy truck traffic, particularly in commercial and industrial districts, should be located to ensure that such traffic takes access to or from major streets or designated truck routes. 4) Use Specific Discretionary Use Evaluation Criteria The Council will apply the following use-specific criteria to the assessment of the suitability of an application for a particular discretionary use or discretionary form of development. i. Bus Terminals and Car Washes: a. The location of the bus terminal or car wash will only be favourably considered where it can be demonstrated that the use and intensity is appropriate to the site and that it will have a minimal impact on the surrounding, adjacent areas. Consideration may be given, but is not limited to, the following effects: a) municipal servicing capacity; b) anticipated levels of noise, odour, smoke, fumes, dust, lighting, glare, vibration or other emissions emanating from the operation; and/or, c) anticipated increased levels or types of vehicle traffic, unsafe conditions or situations for vehicles, cyclists or pedestrians b. Bus terminals are also subject to Section 4.12.6 ii. Convenience Stores: a. Convenience stores should, where possible, be located on corner sites to facilitate access; 31 | P a g e b. The location of the convenience store will only be favourably considered where it can be demonstrated that residential amenity will not be unreasonably compromised; c. Vehicle car parking and access areas should not form a dominant element in the streetscape; and, d. Any new parking and loading areas should be landscaped to improve the visual appearance of this site. iii. Community Service Uses, Clubs, Public and Commercial Recreation Facilities: a. Schools, clubs and places of worship should, where possible, be located on corner sites to facilitate access; b. Public elementary and secondary schools should, where possible, be located adjacent to public open space; c. The site should be accessible from a major road network to avoid heavy traffic volumes on residential access roads; d. Consideration should be given to the location of entry and exit points of the site and their relationship with existing intersections and adjacent residential units; and, e. Vehicle car parking and access areas should not form a dominant element in the streetscape. iv. Dwelling Groups - also refer to Section 4.12.5: a. All parking areas, private garages or vehicular access to units or sites within a dwelling group should be from a roadway which is common property internal to the parcel; b. All dwelling groups should have vehicular access to a public street from at least two points which are sufficiently separated to provide accessible ingress and egress in case of emergency; c. The suitability of a proposal will be considered with respect to: a) the capacity of the adjoining street system to handle the size and location of the development. The development will not cause excessive traffic to pass through adjoining low density residential development; b) the density of a dwelling group and building separations will be consistent with similar residential structures on separate subdivided parcels; and, c) bareland condominium proposals for dwelling groups will only be considered if there is provision for adequate common property on the parcel. v. Multiple Unit Dwellings: a. The location of multiple unit dwellings will only be favourably considered where it can be demonstrated that the use and intensity is appropriate to the site and that it will have a minimal impact on the surrounding, adjacent areas. Consideration may be given, but is not limited to, the following effects: a) municipal servicing capacity; and b) anticipated increased levels or types of vehicle traffic, unsafe conditions or situations for vehicles, cyclists or pedestrians. 32 | P a g e b. Multiple unit dwellings may be developed where located on a second or higher floor over office, retail, restaurant, café and personal service use on the main floor; c. The parking required for multiple unit dwellings is additional to the parking required for the commercial uses; d. The suitability of a proposal will be considered with respect to: a) adherence to any concept plan prepared for the proposed b) development area, including the proposed location of all forms of multiple unit dwellings; c) the convenience of parking; and, d) appropriate size and quality of proposed dwelling units. vi. Night Clubs and Taverns: a. The location of night clubs will only be favourably considered where it can be demonstrated that the use will have a minimal impact on the amenity of the surrounding district and adjacent areas and that these areas will not be unreasonably compromised; b. The character of adjacent residential districts, along the zone interface, shall, where possible, be protected and maintained through the provision of buffer areas, separation distances and / or screening; c. Night clubs and taverns shall maintain the character, density and purpose of the surrounding area and the district they lay within. vii. Shopping Centres and Malls: a. Malls and shopping centres shall have clearly defined pedestrian walkways between the sidewalk and building entrances; b. It must be demonstrated to the satisfaction of council that mitigation of vehicular traffic impacts has been addressed; c. Parking lots, service areas, and loading zones shall be appropriately screened from view of the street; d. Primary access to malls and shopping centres shall preferably be from a thoroughfare street system; and, e. The number and location of vehicle entrances to a commercial development shall be consistent with the existing or anticipated design of adjacent streets and consideration shall be given to the minimum number of entrances needed to move traffic onto and off the site safely and efficiently. viii. Ambulance stations: a. The site shall be accessible from a major road network to avoid heavy traffic volumes on residential access roads. b. Consideration shall be given to the location of entry and exit points of the site and their relationship with existing intersections and adjacent residential units. c. The character of adjacent residential uses shall be protected and maintained through the provision of buffer areas, separation distances and screening. ix. Restaurants, with or without associated lounges: a. Restaurants, with or without associated lounges, where possible, should be located near similar community and support facilities; and 33 | P a g e b. The character of adjacent residential districts, along the zone interface, should, where possible, be protected and maintained through the provision of buffer areas, separation distances and / or screening. x. Lumber yards, home improvement centres, building supply establishments and construction trades: a. The location of lumber yards, home improvement centres, building supply establishments and construction trades will only be favourably considered where it can be demonstrated that the use and intensity is appropriate to the site and that it will have a minimal impact on the surrounding, adjacent areas. Consideration may be given, but is not limited to, the following effects: a) municipal servicing capacity; b) anticipated levels of noise, odour, smoke, fumes, dust, lighting, glare, vibration or other emissions emanating from the operation; c) anticipated increased levels or types of vehicle traffic, unsafe conditions or situations for vehicles, cyclists or pedestrians; and/or, d) utilization of hazardous substances. b. All materials and goods used in conjunction with construction trades shall be stored within an enclosed building, or within an area hidden from view by screening. xi. Auto body shops, construction trades, freight handling facilities, taxidermy and accessory tanning of hides, warehouses, light manufacturing, and welding and machine shops: a. The location of the use will only be favourably considered where it can be demonstrated that the use and intensity is appropriate to the site and that it will have a minimal impact on the surrounding, adjacent areas. Consideration may be given, but is not limited to, the following effects: a) municipal servicing capacity; b) anticipated levels of noise, odour, smoke, fumes, dust, lighting, glare, vibration or other emissions emanating from the operation; c) anticipated increased levels or types of vehicle traffic, unsafe conditions or situations for vehicles, cyclists or pedestrians; and, d) utilization of hazardous substances. b. All materials and goods used in conjunction with construction trades shall be stored within an enclosed building, or within an area hidden from view by screening; c. Warehouses and freight handling facilities shall be accessible from a major road network to avoid heavy traffic volumes on access roads. Consideration shall be given to the location of entry and exit points to the site and their interrelation with existing intersections or land constraints; and, d. No outside storage is permitted for a wholesale establishment. xii. Light manufacturing: a. All materials and goods used in conjunction with light manufacturing plants shall be stored within an enclosed building, or within an area hidden from view by screening; and, 34 | P a g e b. All manufacturing and assembly operations in conjunction with a light manufacturing plant shall be conducted within an enclosed building. xiii. Indoor storage rental facilities, recycling and collection depots, and storage garages: a. The use shall be located where practical, in a non-highly visible area, and screened to avoid any adverse visual impact. Landscaping and screening acceptable to Council shall be provided in all yards facing a public roadway or properties in residential use. xiv. Tourist campgrounds: a. Wherever possible, and appropriate, any existing trees and mature landscaping shall be retained; b. Solid waste storage facilities (including adequate space for both recycling and general waste bins) shall be provided on-site and appropriately located and screened or landscaped to avoid any adverse visual impact from the road and within the development; c. There shall be adequate manoeuvring space on-site; and d. The prevention of on-street congestion caused by the ingress and egress of vehicles shall be considered. xv. Laundromats: a. The location of laundromats will only be favourably considered where it can be demonstrated that the use and intensity is appropriate to the site and that it will have a minimal impact on the surrounding, adjacent areas, particularly along the residential zone interface; and b. Consideration shall be given to the area's municipal servicing capacity. xvi. Golf courses: a. Consideration will be given to the compatibility of the golf course with adjacent land uses; b. Insofar as possible, proposed golf courses shall respond to the natural topography and drainways of the site, and employ minimal clearing of native vegetation; c. Buffers shall be provided to protect existing, adjacent neighbourhoods by mitigating the adverse impacts of sound, visibility and traffic; d. Council will consider the following as an asset in the development of a golf course: a) maximum use of existing landforms and native grasses and vegetation; b) an alternative water source to potable water; and, c) water conserving irrigation systems. xvii. Intensive agricultural uses (excluding livestock): a. The location of agricultural uses will only be favourably considered where it can be demonstrated that the use and intensity is appropriate to the site and that it will have a minimal impact on the surrounding, adjacent areas. Consideration may be given, but is not limited to, the following effects: a) municipal servicing capacity; 35 | P a g e b) anticipated levels of noise, odour, smoke, fumes, dust, lighting, glare, vibration or other emissions emanating from the operation; c) anticipated increased levels or types of vehicle traffic, unsafe conditions or situations for vehicles, cyclists or pedestrians; and, d) utilization of hazardous substances. xviii. Accessory Dwelling Units: a. Dwelling units attached to commercial establishments shall have a main entrance separate from that of the commercial establishment. An emergency exit must be provided in addition to the main entrance; and, b. The minimum floor area of each dwelling unit shall be 28 m². xix. Junk & salvage yards and auto wreckers: a. Junk & salvage yards and auto wreckers shall be enclosed by an opaque or solid perimeter fence at least 2.0 m in height, and not more than five m in height, with no material piled higher than the height of the perimeter fence; and, b. The perimeter fence shall not be located in the required front yard. The required front yard shall be used for no other purpose than landscaping and necessary access driveways to the site. xx. Abattoirs: a. Shall be located at least 91.4 m from residential areas, schools, hospitals, motels and restaurants. xxi. Bulk Petroleum Tanks: a. Shall be located at least 91.4 m from residential areas, schools, hospitals, motels. xxii. Livestock auction facilities, meat packing plants, and stockyards: a. Shall be located at least 300 m from all residential and community service districts. xxiii. Nurseries, greenhouses, garden centres and aquaculture: a. The location of nurseries, greenhouses, garden centres and aquaculture facilities will only be favourably considered where it can be demonstrated that the use and intensity is appropriate to the site and that it will have a minimal impact on the surrounding adjacent land uses and will not impede future growth of the Town. Consideration may be given, but is not limited to, the following effects: a) municipal servicing capacity; b) anticipated levels of noise, odour, smoke, fumes, dust, lighting, glare, vibration or other emissions emanating from the operation; and c) anticipated increased levels or types of vehicle traffic, unsafe conditions or situations for vehicles, cyclists or pedestrians. b. The scale and intensity of development will only be favourably considered where it can be demonstrated that aesthetic considerations regarding lighting, landscaping and the size, shape and arrangement of buildings have been incorporated into the development. 36 | P a g e 3.11 AMENDING THE ZONING BYLAW 1) Zoning Bylaw Amendment Application Fees i. Council shall give notice of its intention to consider a Zoning Bylaw amendment pursuant to the provisions of Sections 207 to 211 of The Act. ii. An applicant seeking amendment to the Zoning Bylaw shall pay the following fees: a. The costs of advertising associated with the application; and, b. The following fees, where applicable: a) Text amendments: $200; and/or, b) Map amendments: Class 1 Districts: PR, FUD, CS Class 2 Districts: C1, C2, MU, M Class 3 Districts: R1, R2, R3, R4 Zoning Map Amendments To Class 1 Class 2 Class 3 From Class 1 $ 100 $ 200 $ 500 Class 2 $ 100 $ 200 $ 300 Class 3 $ 100 $ 200 $ 200 Where an application to amend the Zoning Bylaw involves amendment within two or more of the above classes, the sum of the amendment fees shall apply for all classes, in addition to the fee for a text amendment, if applicable. 2) Special Provisions for Contract Zoning Agreements i. A zoning designation which is subject to an agreement entered into pursuant to the provisions of Section 69 of The Act shall be indicated on the Zoning District Map by the addition of the Bylaw number authorizing agreement after the zoning district designation. 3.12 OFFENSES AND PENALTIES Any person who violates this Bylaw is guilty of an offence and liable on summary conviction to the penalties set forth in The Act. 37 | P a g e 4 GENERAL REGULATIONS 4.1 LICENSES, PERMITS AND COMPLIANCE WITH OTHER BYLAWS AND LEGISLATION Nothing in this Bylaw shall exempt any person from complying with the requirement of any other municipal or provincial regulations and requirements and from obtaining any licence, permission, permit, authorization or approval required by such requirements or regulations. 4.2 BUILDING LINES Where a building line in a residential district has been established by existing buildings in a block having at least one half the lots built upon, the front yard requirement for the applicable zoning district will be considered to be the existing building line. 4.3 NUMBER OF PRINCIPAL BUILDINGS PERMITTED ON A SITE 1) Only one principal building shall be placed on a site with the exception of dwelling groups, shopping centres, health care clinics, recreation facilities, schools, hospitals, senior citizens' homes, personal care homes and public works. 2) At the discretion of Council, a second principal building may be temporarily permitted to remain on site for the use described as Places of Worship, where the new building is intended to replace the existing principal building, and is being actively constructed on the site. The temporary and permanent principal buildings shall meet the required development standards as provided for in this bylaw. After a period of 18 months of the issuance of the valid development permit, the temporary principal building must be removed from the site or demolished. 4.4 HEIGHT RESTRICTIONS Any height limitations or regulations shall not apply to spires, belfries, cupolas, television and solar collectors, or other appurtenances usually required to be placed above the roof level, and not intended for human occupancy. 4.5 VISIBILITY CLEARANCE AT INTERSECTIONS On a corner lot, in any residential district, nothing shall be erected, placed, planted, or allowed to grow so as to obscure vision at a height of 1 m or greater above the elevation of the centre of the abutting street within a triangular area formed by the intersecting lot lines abutting the streets and a straight line joining said lot lines at points 4.5 m distant from the intersection of the lot lines. 4.6 REQUIRED YARDS AND OPEN SPACE 1) Minimum Yards Required No portion of any yard or open space required about any principal building or use shall provide any portion of a yard or open space for any other principal building or use. 2) Permitted Obstructions in Required Yard 38 | P a g e The following shall not be considered to be obstructions and shall not be considered in the determination of yard dimensions or site coverage: i. In all yards: Steps or ramps of 1.6 m or less above grade level which are necessary for access to a permitted building or for access to a site from a street or lane; trees; shrubs; walks; uncovered driveways; fences; trellises; flag poles and wheelchair ramps. ii. In front yards: a. Overhanging eaves and gutters projecting not more than 1 m; b. Lighting fixtures, lamp posts, raised open patios, open decks, canopies or balconies having a projection of not more than 1.8 m; and, c. Sills, belt cornices, pilasters or other similar vertical columns, cornices and chimneys, bay windows, bow windows or other projecting windows, projecting not more than 0.6 m. iii. In rear yards: a. Raised patios and decks measuring more than 0.6 m in height above grade, and canopies and balconies provided they do not project to within 3 m of the rear site line; b. Raised patios, terraces and decks measuring 0.6 m or less in height above grade, and having a projection of not more than 1.5 m of the rear site line; c. Overhanging eaves and gutters, sills, belt courses, pilasters or other similar vertical columns, cornices and chimneys, bay windows, bow windows or other projecting windows, projecting not more than 1 m into the yard; d. On interior sites, enclosed private swimming pools when attached to the principal building, projecting not more than 3 m into the yard; and, e. Laundry drying equipment, recreational equipment, garbage stands and private swimming pools and tennis courts when open to the sky. iv. In side yards: a. Raised patios, terraces and decks measuring 0.6 m or less in height above grade; b. Raised patios and decks measuring more than 0.6 m in height above grade and canopies and balconies provided they do not project more than 1.2 m into the required yard; c. Sills, belt courses, pilasters or other similar vertical columns, cornices, eaves and chimneys, bay windows, bow windows or other projecting windows, projecting not more than 0.6 m into the yard; and, d. Laundry drying equipment, recreational equipment, garbage stands and private swimming pools and tennis courts when open to the sky. 4.7 FENCES 1) A principal building or use must be established on a site prior to the erection of a fence or wall on the site. 2) A fence may be erected to safeguard public safety on a site during the period of construction of the principal building or use or due to the presence of a natural hazard on the site. 39 | P a g e 3) In any Residential district, no wall, fence or similar structure shall be erected in a required front yard or on a site line adjacent to a required front yard to a height of more than 1.0 meters above grade. 4) In any Residential district, no wall, fence or similar structure, excepting permitted accessory buildings, shall be erected in a required side or rear yard, or on a site line adjacent to a required side or rear yard to a height of more than 2.0 m above grade. 5) In any Residential district, a 2.0 m high wall, fence or similar structure may be permitted along a side property line that abuts a Community Service, Commercial, or Industrial district provided that the fence is tiered, to the satisfaction of the Development Officer, so that sight lines are not obstructed at corners or adjacent to driveways. 6) In any Commercial, Industrial, Community Service, Parks or FUD district, no wall fence, or similar structure, excepting permitted accessory buildings, shall be erected to a height of more than 3.0 m above grade. 7) On a corner lot in any district, no hedge planting, tree, wall, fence or similar structure, not being a building, shall be erected, placed, planted or maintained within the sight triangle, as described in Section 4.5 of this Bylaw, to a height greater than 1.0 m. 4.8 ACCESSORY BUILDING AND STRUCTURES 1) Accessory buildings shall be subordinate to, and located on the same site as the principal building or use, and used in conjunction with that principal use. 2) Time of Construction Accessory buildings shall not be constructed or placed on any site prior to the construction of the principal building except in the following cases: i. Where a Development Permit has been issued for a principal building, Council shall allow prior development of an accessory building where such building is required for the storage of construction material or equipment. If the principal building is not completed within the effective time period of the development permit for the associated principal building, the accessory building shall be removed. 3) Height of Accessory Buildings i. In any Commercial, Industrial, Community Service, Mixed Use, Parks or Future Urban Development District accessory buildings are not to exceed the height of the principal building. ii. In any Residential District accessory buildings are not to exceed the height of the principal building and in no case shall the wall height exceed 3 m. 4) Private Garages and Carports i. Private garages and carports attached to the principal building by a substantial roof structure are considered as part of the principal building and subject to the regulations governing the principal building. ii. On any site in any residential zoning district only one detached garage, not exceeding 90 m² in area, subject to Sections 4.8.5 and 4.8.6 (below), is permitted. iii. Except when conforming with established building lines, no main door of a garage which faces a road shall be within 6 m of the front site line faced by the door. 40 | P a g e iv. Except when conforming with established building lines, no main door of a garage which faces a road shall be within 3.0 m of the side site line faced by the door. 5) Location and Size of Accessory Buildings (including private garages and carports) i. Detached accessory buildings in all Residential Districts are subject to the following regulations: a. Accessory buildings located in the required rear yard shall not occupy more than forty (40) per cent of the required rear yard. ii. Detached accessory buildings in all Zoning Districts are subject to the following regulations: a. Detached accessory buildings are not to be located in any front yard; b. Yard, rear: minimum - 0.6 m, except where the main door faces the rear site line, the minimum shall be 1.5 m; c. Yard, side: except as provided for in Section 4.8.4(4), minimum - 0.75 m where the accessory building is over 1.8 m behind the rear wall of the principal building, otherwise 1.5 m. d. Detached accessory buildings shall be located at least 1 m from the principal building. 6) Number of Accessory Buildings In any Residential District, there shall be no more than two (2) accessory buildings on a site. 7) Satellite Dishes and Solar Collectors The installation and operation of a free standing satellite dish, solar collector, and their supporting structures shall be permitted in all zoning districts subject to the following: i. In any Commercial, Community Service, Mixed Use or Residential District such structures shall not be located in any front yard, side yard and in the case of a corner site, in any portion of the rear yard which is within three (3) m of the side property line adjacent to a flanking street unless it is screened from the flanking street to the satisfaction of the Development Officer; ii. In any Commercial, Community Service, Mixed Use or Residential District such structures, if freestanding, shall not exceed a height of five (5) m above grade level; iii. In any Commercial, Community Service, Mixed Use or Residential District such structures if attached to a principal building, shall not exceed a height of five (5) m above the lowest elevation of: roof surface of a flat roof; the decking of a mansard roof; and the eaves of a gable, hip or gambrel roof; and, iv. In any Commercial, Community Service, Mixed Use or Residential District such structures, if attached to or erected upon an accessory building, shall not exceed the maximum permitted height of the accessory building upon which such structure is attached or erected. 8) Permanent Membrane Covered Structures i. In all districts anchored membrane covered structures up to 18.6 m² (200 square feet) are allowed. 41 | P a g e ii. In all industrial districts and the C2 - Highway Commercial District, anchored membrane covered structures are allowed. iii. Development applications for Permanent Membrane Covered Structures must include a drawing stamped by a Professional Engineer to prove the structure will meet Section 4 of the National Building Code. iv. In all cases the membrane covered structure must comply with the siting requirements for the zone as if it were an accessory building. 9) Temporary Membrane Covered Structures i. In any district, temporary membrane covered structures shall be allowed for a period not to exceed seven (7) days in a calendar year. 10) Shipping Containers i. No shipping container shall be used, placed or stored on any lot other than a lot in an industrial or highway commercial district and in such cases the shipping container must comply with the siting requirements for the zone as if it were an accessory building and shall only be used for shipping or storage purposes accessory to the principal use of the site. ii. Permanent shipping containers must be sand blasted and painted a neutral colour prior to use. iii. Shipping containers shall not be placed on any front yard and shall be screened from view by a solid fence or hedge to the satisfaction of the development officer. iv. Notwithstanding subsection 4.8.10(1), shipping containers may be placed temporarily on a site in any district: a. during construction on a site when the shipping container is utilized solely for the storage of supplies and equipment that are used for the site, provided that a valid building permit has been issued for construction on the site. The shipping container must be removed from the site upon completion of the construction; or, b. for the purpose of loading and unloading of items associated with the principal use; and, c. in any case, for a period of not more than 30 days unless an extension has been granted by the development officers to a maximum of 90 days. v. When placed on a site pursuant to subsection 4.8.10(4), the shipping containers shall: a. be located so as not to create a safety hazard; and, b. not be located on a public right-of-way or on dedicated land. 4.9 OFF STREET PARKING AND LOADING 1) Parking and Loading Spaces Required With Development i. No person shall erect, enlarge, or extend any building or structure permitted under this Bylaw, unless the required parking and loading spaces are provided and maintained in connection with the new, enlarged, or altered building or structure. ii. When the intensity of use of any building, structure, or premises is increased through the addition of dwelling units, floor area, seating capacity, or other specified units of measurement for required parking and loading facilities, parking and 42 | P a g e loading facilities as required in this Bylaw shall be provided for any increase in intensity of use. iii. Wherever the existing use of a building or structure is changed to a new use, parking and loading facilities shall be provided as required for the new use; however, if the building or structure was erected prior to the effective date of this Bylaw, additional parking and loading facilities are mandatory only in the amount by which the requirements for the new use exceed the requirements for the existing use. iv. All required parking facilities shall be located on the same site as the principal building or use, with the exception of lands within the C1 or C2 Districts, where required parking spaces may be located on a remote site. In the C1 and C2 Districts, remote parking may be approved where the remote site is within 150 m of the principal building or use and where the remote site is located within a Commercial or Industrial district. v. Pursuant to section 4.9.1 (4), remote parking within the C1 or C2 Districts is permitted provided the owner of the principal use site registers an interest on the parking lot title to ensure than the land remains as a required parking lot in accordance with Section 235 of The Act. vi. When the calculation of parking requirements results in a fractional required parking space, this fractional requirement shall be rounded up to the next whole number. 2) Payment in Lieu of Required Off Street Parking Facilities i. Council may exempt any applicant for a use permitted in the C1 - Community Centre Commercial District and the C2 - Highway Commercial District from the requirement of providing off-street parking facilities where, in lieu thereof, the applicant pays or agrees to pay the Council the sum of money calculated by multiplying the number of off street parking spaces that would otherwise be required by $2,000.00. ii. The payment of or agreement to pay such sums of money shall be subject to such terms and conditions as Council may determine. 3) General Regulations for Off Street Parking and Loading i. All required parking and loading facilities shall only be used for the purpose of accommodating the vehicles of clients, customers, employees, members, residents or visitors in connection with the principal building or use for which the parking and loading facilities are provided, and the parking and loading facilities shall not be used for driveways, access or egress, commercial repair work, display, signage, sale or storage of goods of any kind. ii. Required parking and loading facilities shall provide for and include an adequate, safe and convenient arrangement of vehicular points of ingress or egress, driveways, internal roadways, aisles and ramps, unloading and loading of motor vehicles all in relation to buildings and entry points to buildings on the site. Such 43 | P a g e facilities shall comply with the following design, development and maintenance standards: a. All required parking and loading facilities shall be clearly demarcated and have adequate storm water drainage and storage facilities; b. Where warranted, on-site traffic signs shall be provided; c. In situations where lighting of off-street parking and loading facilities is to be provided, the lighting shall be arranged, installed and maintained to deflect, shade and focus light away from any adjacent land used or intended to be used for residential purposes; d. All required parking and loading spaces shall be clear of any access driveways, aisles, ramps, columns, signs or other similar obstructions, and shall conform to the minimum dimensions set out in Table 4-1. Table 4-1 Parking and Loading Space Dimension Requirements Type of Space Minimum Dimension Minimum Vertical Clearance Parking spaces having direct access to a registered lane 2.7 m x 6.0 m 2.0 m Parallel parking spaces 3.0 m x 6.7 m 2.0 m Parking spaces other than those described above 2.7 m x 6.0 m 2.0 m Loading space 3.0 m by 7.5 m 4.0 m e. All required parking and loading spaces shall, without excessive vehicular manoeuvring, have direct access to a driveway, aisle or registered lane leading to a public street. Driveways and aisles which provide access to parking or loading spaces shall conform to the following minimum dimensions: Parking Angle in Degrees Width of Aisle or Driveway 75 to 90 6.0 m (two-way traffic) 50 to 74 5.5 m (two-way traffic) 49 or less 3.7 m (one-way traffic only) 44 | P a g e For the purpose of the above minimum dimensions, angles shall be measured between the centre line of the parking or loading space and the centre line of the driveway or aisle; f. All entrances to and exits from a required parking facility shall be designed in such a manner to minimize traffic congestion and interference with traffic movement along public streets; g. Driveways leading to a public street or public right-of-way or to an internal private roadway, aisle, ramp or parking space shall be of sufficient length and width to accommodate expected vehicle volumes and therefore minimize traffic congestion and interference of traffic movement within the required parking facility and along public streets. The length, width and slope of such driveways shall be based upon accepted engineering roadway design principles; and, h. For multiple unit dwellings, all parking spaces shall be suitably screened from view from adjacent streets, and all required visitor parking spaces shall be clearly marked or signed as such. 4) Required Off Street Parking and Loading in all Districts i. The minimum off street parking requirements for all Districts are set out in Table 4-2. ii. In all R - Residential Districts, required off-street parking shall not be located in any required front yard. iii. Each non-residential principal building with a building floor area greater than 500 m² shall provide one off-street loading space. Table 4-2 Off-street Parking Requirements Parking Category Parking Requirements Principle Uses 0 No off-street parking required - Cemeteries - Home based business Type I - Municipal facilities - Parking lots - Parks and playgrounds - Public works - Radio, television and telecommunications towers and ancillary facilities 1 1 space per dwelling unit - Dwelling units in conjunction with and attached to any other permitted use - Modular homes - Secondary suites 45 | P a g e Table 4-2 Off-street Parking Requirements Parking Category Parking Requirements Principle Uses - Single family dwellings 2 1.25 spaces per dwelling unit - Dwelling groups - Multiple unit dwellings 3 1 space per 50m² of gross floor area - Auction markets - Automobiles, marine, recreational vehicle and equipment, agricultural equipment and mobile home sales and service establishments - Bulk fuel dealers, operations, storage, and distribution centres - Cement and concrete plants - Clubs - Community centres - Construction trades - Cultural institutions - Foundry works and boiler works - Freight handling facilities - General industrial uses - Indoor storage rental facilities - Junk, salvage, and auto wrecker yards - Light industrial uses - Lumber yards, home improvement centres and building supply establishments - Nurseries, greenhouses and garden centres - Recycling collection depots - Rental stores - Repair services, restricted to the repair of household goods and appliances - Sand and gravel operations - Seed cleaning plants and feed mills - Stockyards - Taxidermy and accessory tanning of hides 46 | P a g e Table 4-2 Off-street Parking Requirements Parking Category Parking Requirements Principle Uses - Trucking operations - Warehouses - Welding and machine shops - Wholesale establishments 4 1 space plus 1 space for each guest room - Bed and breakfasts 5 1 space per 28m² of gross floor area, or 1 space per 3 employees, whichever is greater - Ambulance station - Automotive and industrial supplies - Bakeries with retail sales - Bingo halls - Bus terminals - Consignment centres - Convenience stores - Financial institutions - Gas bar - Healthcare clinics and emergency vehicle stations - Laundromats - Malls - Office buildings - Personal service shops - Photographer studios - Retail stores - Tourist campgrounds and information centres - Undertaking establishments - Veterinary clinics/animal hospitals 6 1 space per 4 beds plus 1 space per employee - Adult day care Type I & II - Personal care homes Type I & II - Public hospitals 7 1 space plus 1 space for each non- resident staff member - Home based business Type II - Residential care facilities Type I & Type II 47 | P a g e Table 4-2 Off-street Parking Requirements Parking Category Parking Requirements Principle Uses 8 3 spaces per 10 seats in main assembly area or, (where no fixed seating is provided), 1 space per 2.5m² of gross floor area used by patrons, whichever is greater (1) - Community halls/centres - Funeral homes - Places of assembly - Places of worship 9 1 space per guest room - Hotels - Motels 10 1 space per 4 seats - Lounges - Night clubs - Restaurants - Taverns 11 1 space per 8 patrons at design capacity - Daycare centres and preschools - Recreational buildings - Sports facilities and fields 12 1 space per classroom - Elementary school 13 4 spaces per classroom - Educational institutions - High school 14 1.5 spaces per service bay - Autobody shops - Car washes - Public garages - Service stations - Storage garages 15 No off-street parking required in FUD zone All uses excluding the following: - Single detached dwelling (1) - Nurseries, greenhouses and garden centres (3) 16 No off-street parking required in C1 zone All commercial and institutional uses excluding the following: 48 | P a g e Table 4-2 Off-street Parking Requirements Parking Category Parking Requirements Principle Uses - Hotels and motels (10) - Malls (5) - Recreational facilities (12) (1) Where a church and a church hall or similar use are on adjoining sites and owned and occupied by the same owner and are of such a nature that they would normally not be used at the same time, whichever off-street parking requirement that is the greater shall apply, but not both. 4.10 SIGNS All signs shall be subject to the following regulations: 1) General i. In addition to signs permitted as set out below, temporary election signs, and temporary signs bearing notice of sale or lease or other information relating to a temporary condition affecting the property, are permitted. ii. Signs shall not be located in sight triangles for intersections or driveways or in such a manner that they visually obstruct sight triangles or otherwise jeopardize public safety. iii. Except as otherwise provided, no sign shall project beyond the property lines of the site to which it pertains. iv. Subject to the general provisions governing their location, directional signs providing on-site directions for the convenience and safety of persons using the site shall be permitted. v. Permitted home based businesses may display one (1) fascia sign, not exceeding 0.4 m² in area, identifying the name of the home based business. Such sign shall not be illuminated and shall be affixed to the principal building. (Note: On multiple unit residential buildings, other permission may be required to display a home based business sign and no right to place such a sign in such situations is conveyed in this Bylaw.) 2) Application for Permits i. Applications for sign permits must be made in writing to the Development Officer by the owner, lessee or authorized agent of the building or premises on which the sign is to be erected. The written application shall be accompanied by plans, 49 | P a g e specifications, construction details and other information sufficient to inform the Development Officer of the exact nature and location of the intended sign. ii. Prior to issuing a sign permit for a free standing, projecting or roof sign, the Development Officer may require that the supplementary documentation described in (1) above, contain the professional stamp of a certified professional engineer qualified to certify that the sign design satisfies all relevant legislation, codes and Bylaws. 3) Licensing of Portable Signs i. Portable signs intended for rental or lease at more than one site during a one-year period, or located at more than one site during a one-year period must be licensed. ii. The annual license shall be in the form of a license sticker which must be affixed anywhere on the top one-third of the sign on the end or face closest to the street. iii. A license sticker is not transferable from one portable sign to another. 4) Permit and License Fees i. Permanent signs $30.00 for the first $5,000 of sign construction value; and, $5.00 for every $1,000 of sign construction value in excess of $5,000. ii. Portable signs An annual license fee of $25.00 iii. Highway Corridor signs An annual fee of $50 is due the first day of April every year, payable to the Town of Langham unless the sign is owned by the municipality. 5) Denying or Revoking Permits i. The Development Officer may deny or revoke a sign permit for any of the following reasons: a. erection of the sign has not commenced within three months from the date of issue of the permit; b. the sign does not conform to all relevant provisions of this Bylaw; c. the sign being constructed or erected does not conform to the approved drawings; and/or, d. the sign is not in a proper state of repair. 6) On any site in any Parks and Recreation District, Future Urban Development District or Residential Districts, signs may be erected as follows: i. Sign provisions applying to permitted principal residential uses, commercial uses and community service uses in any Residential District, the Future Urban Development District or the Parks and Recreation District are set out in Table 4-3. The following provisions also apply: a. No roof signs shall be permitted; b. Illuminated signs shall have a steady internal light source or a steady external light source shielded so that the light is directed only at the face of the sign; c. Signs applying to community service uses must not be illuminated between the hours of 11:00 p.m. and 7:00 a.m.; and, 50 | P a g e d. Signs applying to community service uses must not display advertising of any commercial service or product. Table 4-3 Sign Regulations in Parks and Recreation, Future Urban Development and Residential Districts Use Max. # of Signs Max. Total Sign Face Area (m2) Max. # of Freestan ding Signs Max. Height of Freestanding Signs (m) Max. Sign Face Area for Freestanding Signs (m2) Per Face Total All principal residential uses for which a permit has been issued 1 (1) 0.4 (1) 0 n/a n/a n/a All principal commercial uses for which a permit has been issued 2 6 1 2.5 2 4 All principal community service uses for which a permit has been issued 2 10 1 3 2.5 5 (1) Multiple unit dwellings and dwelling groups are permitted one additional sign, up to one (1) m² in area, showing the name of the building or group. 7) On any site in the Community Service and Mixed Use Districts, signs may be erected as follows: i. Sign provisions applying to permitted principal community service uses, residential uses and commercial uses in the Community Service District are set out in Table 4-4. The following provisions also apply: a. No roof signs shall be permitted; b. Illuminated signs shall have a steady internal light source or a steady external light source shielded so that the light is directed only at the c. face of the sign; and, d. Signs applying to community service uses must not display advertising of any commercial service or product. 51 | P a g e Table 4-4 Sign Regulations in Community Service and Mixed Use Districts Use Max. # of Signs Max. Total Sign Face Area (m2) Max. # of Freestan ding Signs Max. Height of Freestanding Signs (m) Max. Sign Face Area for Freestanding Signs (m2) Per Face Total All principal community service uses for which a permit has been issued 3 18 1 3 6 12 All principal residential uses for which a permit has been issued 1 (1) 0.4 (1) 0 n/a n/a n/a All principal commercial uses for which a permit has been issued 2 18 1 6 6 12 (1) Multiple unit dwellings and dwelling groups are permitted one additional sign, up to one (1) m² in area, showing the name of the building or group. 8) In any site in any Commercial or Industrial District, signs may be erected as follows: i. Sign provisions applying to permitted principal commercial / industrial uses, community service uses and residential uses are set out in Table 4-5. The following provisions also apply: a. Illuminated signs applying to commercial / industrial or community service uses shall have an internal light source or an external light source shielded so that the light is directed only at the face of the sign; b. A free standing sign applying to a commercial / industrial use may be located in a required yard provided that the Development Officer is satisfied that it does not create an obstruction to vehicle or pedestrian traffic or a hazard to public safety; c. Free standing signs shall maintain a minimum vertical clearance of 3.0 m above grade over any vehicle circulation area on the site; d. Signs other than free standing signs shall have a minimum vertical clearance of 2.7 m above grade where they project more than 7.5 cm from the building face; e. Awning signs shall not project more than 1.8 m from the building face; f. Projecting signs shall not project more than 1.8 m above the eaves or parapet of a supporting building; 52 | P a g e g. Except in the C1 - Commercial District, no sign shall project beyond the property lines of the site to which it pertains; h. In the C1 - Commercial District only, no projecting sign may project perpendicularly from the property line more than 3.0 m or beyond a point 0.6 m from the building side of the curb line, whichever is less; i. In the C1 - Commercial District only, no projecting sign may be suspended less than 2.6 m above the surface of a public sidewalk or pedestrian right-of-way; j. Roof signs are permitted only on a principal building on any site and only one roof sign shall be permitted on each principal building; and, k. No portion of any roof sign may project beyond any exterior wall or parapet of the building upon which it is placed. Table 4-5 Sign Regulations in Commercial and Industrial Districts Use Max. # of Signs Max. Total Sign Face Area (m2) Max. # of Freestan ding Signs Max. Height of Freestanding Signs (m) Max. Sign Face Area for Freestanding Signs (m2) Per Face Total All principal commercial / industrial uses for which a permit has been issued n/a n/a (1) (2) (3) (3) All principal community service uses for which a permit has been issued 3 18 1 3 6 12 All principal residential uses for which a permit has been issued 1 (1) 0.4 (1) 0 n/a n/a n/a (1) In the C1 - Commercial District, a maximum of one free standing sign shall be permitted on sites with a minimum site width of 20 m. In the C2 - Commercial and M - Industrial Districts, a maximum of one free standing sign shall be permitted. (2) In the C1 - Commercial District: 6 m In the C2 - Commercial and M - Industrial Districts: 10 m (3) In the C1 - Commercial District: maximum 5 m² sign face area and 10 m² total sign face area. In the C2 - Commercial andM - Industrial Districts: 9 m² sign face area and 18 m² total sign face area. (4) Multiple unit dwellings and dwelling groups are permitted one additional sign, up to one (1) m², showing 53 | P a g e the name of the building or group. 9) Portable Sign Regulations i. No portable sign shall have a single face area greater than 6.0 m². ii. No portable sign shall have a height greater than 3.0 m above grade. iii. No portable sign shall occupy any space required for off-street parking unless the site contains off-street parking in excess of that required under this Bylaw. iv. On any single site, no portable sign may be located closer than 20.0 m from any other portable sign. 4.11 HOME-BASED BUSINESSES - TYPE I AND TYPE II 1) All applications for home based businesses must be considered as a Type I or Type II Home Based Business. The development standards for Type I and Type II home based businesses are contained in Sections 4.11.4 and 4.11.5. 2) Without limiting the authority of the Development Officer to approve other types of home based business applications, the following uses are specifically permitted as home based businesses, subject to the applicable development standards contained within Sections 4.11.4 and 4.11.5: i. art restoration; ii. beauty parlours, barber shops; iii. the creation of crafts for sale off-site, such as novelties and souvenirs, corsage and flower arrangements, gift baskets, and other handicrafts including but not limited to ceramics, pottery, leather goods and jewellery; iv. dressmaker, seamstress, or tailor; v. electrology, acupuncture, reflexology, and massage therapy; vi. the instruction of art, dancing, or music, limited to no more than three students at a time; vii. office of a professional, or one who offers skilled services to clients and is not engaged in the sale of goods or products to clients; viii. a photography studio; ix. typing, word processing, and computer programming services. 3) Without limiting the authority of the Development Officer to deny applications for other types of home based businesses which do not meet the requirements of this Bylaw, the following uses are prohibited as home based businesses, whether or not applications for such uses would otherwise comply with the applicable standards of this Bylaw: i. businesses utilizing large power tools and machinery, or businesses involved in the mass production of similar items or products; ii. restaurants or tea rooms; iii. health or fitness clubs; iv. headquarters or base of operations of a trucking, delivery, or towing operation; v. hotels and hospitals; vi. laundry services; 54 | P a g e vii. motion picture or recording studios; viii. the painting, repairing, refitting, cleaning, refurbishing, or selling of motor vehicles or machinery; ix. rental services; x. upholstery services; xi. veterinary services, boarding or care of animals; xii. welding or metal works; xiii. species breeding. 4) The following development standards shall apply to all Type I Home Based Businesses: i. No persons other than residents of the dwelling shall be employed in the home based businesses on the site. ii. Home based businesses shall be conducted entirely indoors, and no more than 20% of the gross floor area of the dwelling, including the area of the basement and any attached garage, up to a maximum of 30 m², may be occupied by home based businesses. iii. An attached garage or detached accessory building may be occupied by a home based business, provided that the total area devoted to home based businesses does not exceed 30 m² on the site, and that no required parking spaces associated with the principal use are occupied by home based businesses. iv. There shall be no exterior storage on the site in relation to the home based business, and no exterior alterations shall be permitted that are not consistent with the residential character of the buildings and property except for one permitted sign. v. No noise, vibration, smoke, dust, odours, heat, glare, electrical, television or radio interference detectable beyond the boundaries of the building containing the home based business shall be produced. vi. No more than one business related vehicle with a gross vehicle weight of no more than 5,000 kg and a total length of no more than 6.0 m may be stored on or in the vicinity of the site. vii. Regardless of the number of home based businesses that may be located on any one site, a total of no more than seven (7) client or business related visits per day shall be made to home based businesses on any one site, and no deliveries of merchandise, goods or equipment shall be made to the businesses by a vehicle with a gross vehicle weight of more than 5,000 kg, or by a vehicle with a total length of more than 6.0 m. viii. A total of no more than 2.0 m³ of storage may be permitted within a dwelling on any one site, and a total of no more than 4.0 m³ of storage may be permitted within an attached or detached accessory building in relation to home based businesses. No storage of hazardous, explosive or flammable materials shall be permitted in relation to a home based business. 5) The following development standards shall apply to all Type II Home Based Businesses: 55 | P a g e i. In accordance with the definition of a Type II home based business, no more than one non-resident person shall be employed in relation to home based businesses on any one site. ii. Home based businesses shall be conducted entirely indoors, and no more than 20% of the gross floor area of the dwelling, including the area of the basement and any attached garage, up to a maximum of 40 m², may be occupied by home based businesses. iii. An attached garage or detached accessory building may be occupied by home based businesses, provided that the total area devoted to home based businesses does not exceed 40 m² on the site, and that no required parking spaces associated with the principal use are occupied by home based businesses. iv. There shall be no exterior storage on the site in relation to the home based business, and no exterior alterations shall be permitted that are not consistent with the residential character of the building and property except for one permitted sign. v. No noise, vibration, smoke, dust, odours, heat, glare, electrical, television or radio interference detectable beyond the boundaries of the building containing the home based business shall be produced. vi. One off-street parking space shall be required for a non-resident employee, and this space may be located in a required front yard. Additional off-street parking spaces may be required, where in the opinion of the Development Officer, due to the nature of the business or the site, the provision of parking is necessary to maintain the residential character of the area. The siting and screening of all required parking spaces shall be undertaken to the satisfaction of Council. vii. No more than one business related vehicle with a gross vehicle weight of no more than 5,000 kg and a total length of no more than 6.0 m may be stored on or in the vicinity of the site. viii. Regardless of the number of home based businesses that may be located on any one site, a total of no more than fourteen (14) client or business related visits per day shall be made to home based businesses on any one site, and no deliveries of merchandise, goods or equipment shall be made to the businesses by a vehicle with a gross vehicle weight of more than 5,000 kg, or by a vehicle with a total length of more than 6.0 m. ix. A total of no more than 2.0 m³ of storage may be permitted within a dwelling on any one site, and a total of no more than 4.0 m³ of storage may be permitted within an attached or detached accessory building in relation to home based businesses. No storage of hazardous, explosive or flammable materials shall be permitted in relation to a home based business. 4.12 SPECIAL REGULATIONS AND STANDARDS This section addresses special provisions and specific development standards that apply to the following developments. These standards apply in addition to any standards of the District. 1) Adult Day Care Facilities - Type I and Type II 56 | P a g e i. Adult day care facilities may be approved as an ancillary use or as a principal use. ii. In any residential district, no exterior alterations shall be undertaken to a dwelling or former dwelling which would be inconsistent with the residential character of the building or property. iii. Required parking spaces shall not be located in a required front yard. iv. In addition to the development standards of the zoning district, adult day care facilities that are listed as discretionary uses shall be evaluated and developed in accordance with Section 3.10 of this Bylaw. 2) Bed and Breakfast Homes i. A bed and breakfast home may be located in a detached one unit dwelling or in a two-unit dwelling. No exterior alterations shall be undertaken which would be inconsistent with the residential character of the building or property. ii. Notwithstanding Sections 4.9.4 (2) and 4.9.6 (2), required parking spaces may be permitted in a front yard. iii. Section 3.10 of this Bylaw shall apply to the review and approval of bed and breakfast homes. iv. The operator of the bed and breakfast lodging may advertise with a sign subject to Section 4.10. 3) Custodial Care Facilities, Residential Care Facilities and Personal Care Homes i. Custodial care facilities, residential care facilities - Type I and Type II - and personal care homes may be approved as an ancillary use or as a principal use. ii. In any residential district, no exterior alterations shall be undertaken to a dwelling or former dwelling which would be inconsistent with the residential character of the building or property. iii. Required parking spaces shall not be located in a required front yard. iv. No building or structure used for the purpose of a custodial care facility or a residential care facility shall also be used for the purpose of keeping boarders or lodgers. v. In addition to the development standards of the zoning district, custodial care facilities and residential care - Type I and Type II - facilities that are listed as discretionary uses shall be reviewed and approved in accordance with Section 3.10 of this Bylaw. 4) Day Care Centres and Pre-Schools i. Day care centres and pre-schools may be approved as an ancillary use or as a principal use. In any residential district, no exterior alterations shall be undertaken to a dwelling or former dwelling which would be inconsistent with the residential character of the building or property. ii. Required parking spaces shall not be located in a required front yard. iii. In addition to the development standards contained within the zoning district, Section 3.10 of this Bylaw shall apply to the review and approval of day care centres and pre-schools which are listed as discretionary uses. 5) Dwelling Groups - also refer to Section 3.10.4 (4) 57 | P a g e i. The minimum side yard of 3.5 m or ½ the building height shall be measured from the closest main wall of the principal building closest to the side site line. ii. All principal buildings forming part of the group shall be located at least 3.5 m from any other principal building in the group. iii. The site area shall provide at least 370 m² for each dwelling unit in the group located at grade level plus 65 m² for any dwelling unit located above the main floor. iv. Council may apply special development standards regarding "yard requirements" to reduce conflict with neighbouring uses. 6) Above Ground Fuel Storage Tanks i. Above-ground fuel storage tanks which meet the standards of the National Fire Code may be permitted in association with service stations, gas bars and other permitted industrial or commercial uses where the dispensing of fuel to vehicles is a standard aspect of the use. ii. The total storage capacity for above-ground fuel storage tanks on any single service station or gas bar shall not exceed the regulations and requirements set out by the National Fire Code. iii. Above-ground fuel storage tanks shall be: a. located at least 3.0 m from any property line or building, the 3.0 m separation distance may be reduced to 1.0 m for tanks with a capacity of 5,000 litres or less; b. separated from each other and be accessible for fire fighting purposes to the satisfaction of the Development Officer; and, c. at least 15 m from the boundary of any site within a Residential district. iv. The dispensing equipment associated with above-ground fuel storage tanks shall be located at least 3.0 m from any property line, at least 7.5 m from any open flame or other ignition source, and at least 4.5 m from any door or window. v. Above-ground fuel storage tanks shall be protected from vehicles with suitable posts, guardrails or other similar means. vi. At service stations and gas bars, above-ground fuel storage tanks which are located in view of a front or flanking street shall be landscaped or screened to the satisfaction of the Development Officer. vii. The maximum height of an above-ground fuel storage tank shall be limited to the maximum permitted height of a free-standing sign in the zoning district. viii. Painted lettering or other forms of signage may be located on above-ground fuel storage tanks subject to the sign regulations in the zoning district. 7) Secondary Suites i. Secondary suites may be located only in detached one unit dwellings and shall occupy no more than 40% of the gross floor area of a dwelling including the area of the basement; ii. In order to accommodate a secondary suite, the principal building must have a gross floor area, including the area of the basement, of at least 100m²; iii. The maximum size of a secondary suite shall be 65m²; iv. No more than one secondary suite shall be located in any detached one unit dwelling; 58 | P a g e v. The floor area occupied by a secondary suite shall be considered as part of the principal building; vi. A secondary suite shall contain no more than two bedrooms; vii. No more than three persons may occupy a secondary suite; viii. One off street parking space is required for a secondary suite in addition to at least one off street parking space for the principal dwelling. The parking space required for the secondary suite shall not be located in a required front yard unless the subject suite has no access to a rear lane, and shall be paved, sited and screened to the satisfaction of the Development Officer; ix. Where a secondary suite has an entrance which is separate from that of the principal dwelling, the entrance may only be located on a side or rear wall of the principal dwelling; x. Secondary suites shall comply with all relevant requirements of the National Building Code, or equivalencies as may be established by the Development Officer. 8) Gas Bars i. Where operated as the principal use on a site, gas bars are subject to the regulations and standards for service stations. ii. Where a gas bar is allowed to operate in conjunction with another use on a site, the following standards and regulations apply: a. All fuel pumps and above ground storage tanks shall be at least five m from any building on the site, and six m from any site line; b. The site shall have at least two separate entrances for vehicles, at least 15 m apart; and, c. Access to, and parking for, fuel dispensing apparatus shall not obstruct access to the site, or other required off street parking spaces on the site. 9) Parking Lots i. No sign of any kind, other than those designating the parking lot name, entrances, exits, or conditions of use, may be erected or maintained. ii. All lighting fixtures must be oriented in a manner to direct the light away from adjacent lots. iii. A durable surface must be provided and maintained and the lot must be graded to dispose of all surface water. iv. Parking lots shall be landscaped to improve the visual appearance of the site. v. Where parking lot abuts a residential property boundary a minimum landscape buffer of 2.0 m shall be provided. 10) Service Stations i. Fuel pumps and other apparatus for dispensing or storage of fuel, located all or partly above grade level, shall be at least six m from a site line. ii. All automobile parts, dismantled vehicles and similar articles or equipment are to be stored within a building. iii. Where service stations occupy a corner site, only one access point shall be on the flanking street. 11) Modular Homes 59 | P a g e i. 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 mm above recommended or established grade. Basement wall and grade beam support shall be attached to the perimeter of the building. 4.13 SERVICING 1) Holding tanks, septic tanks and wells are not allowed in the areas of the Town which can be serviceable from existing municipal water and sewer lines. 2) Developments outside the serviceable areas shall be connected to a private sewage disposal system approved by the authority responsible for approval of such systems under The Public Health Act, 1994. 4.14 STORAGE OF MATERIALS AND UNLICENSED OR INOPERATIVE MOTOR VEHICLES IN RESIDENTIAL DISTRICTS In any Residential District: 1) No front yard shall be used for the storage of unlicensed or uninsured motor vehicles or of materials or goods of any type. 2) No yard shall be used for storage or collection of hazardous material. 3) No yard or portion thereof shall be used for the storage of machinery not normally used for the maintenance of the residential property. 4) Outside storage of partially dismantled or inoperative motor vehicles is not permitted. 5) Only one (1) unlicensed or uninsured motor vehicle may be stored outdoors on a residential site. 4.15 DEVELOPMENT OF HAZARD LANDS 1) Prior to a proposed development or subdivision is to be located on what Council considers may be hazard land, the applicant shall submit a report prepared by a qualified professional. The report shall assess the hazard land, the suitability of the land for the proposed development or subdivision and, identify any required mitigation measures. 2) Actions identified, in a report prepared pursuant to Section 4.15.1, for prevention, change, mitigation or remedy may be incorporated as conditions to issuance of any development permit that may be issued. Council shall refuse a permit for any development for which, in Council's opinion, the proposed actions are inadequate to address the conditions present on the hazard land or will result in excessive municipal costs. Developments in a flood hazard area must have regard to the safe building elevation (S.B.E.). 60 | P a g e 4.16 BUILDING OR USES OCCUPYING MORE THAN ONE LOT Where an application is made for development of a building or use that will occupy more than one lot as herein defined, the parcel of land comprised of said lots shall be considered a site for the purposes of administering this Bylaw. 4.17 EXISTING NONCONFORMING BUILDINGS AND SITES Where a building has been erected on or before the effective date of this Zoning Bylaw on a site having less than the minimum site width or area, or having less than the minimum front yard, side yard or rear yard required or more than the maximum site coverage permitted in this Zoning Bylaw, the building may be enlarged, reconstructed, repaired or renovated provided that: i. the enlargement, reconstruction, repair or renovation does not further reduce the front yard, side yard or rear yard or further increase the site coverage that does not conform to this Zoning Bylaw. ii. all other applicable provisions of this Zoning Bylaw are satisfied. 4.18 FRONTAGE ON ROAD No development permit shall be issued unless the site intended to be used, or upon which a building or structure is to be erected, abuts or has frontage on and access to an existing public road. 4.19 BUILDING TO BE MOVED No building shall be moved within or into the Town of Langham without the issuance of a development permit unless such building is exempt under Section 3.2.2 of this Zoning Bylaw. 4.20 DEMOLITION OF BUILDINGS No building shall be demolished within the Town of Langham without the issuance of a demolition permit, unless it is exempt under Section 3.2.2. 4.21 GRADING AND LEVELLING OF SITES Any site for which a development permit has been issued shall be graded and levelled at the applicant's expense to provide for surface drainage which does not adversely affect adjacent property. 4.22 GARAGE AND YARD SALES i. Garage or yard sales may be undertaken on any site in a Residential or Community Service zoning district provided the sale is conducted by a resident of the dwelling 61 | P a g e on the subject site, or by a non-profit group associated with a place of worship, public school, community association or other similar group or organization. ii. No more than four (4) sales may be conducted from one site in one calendar year, and any one sale may not last for more than three consecutive days. 4.23 WATER No development or use of land shall be permitted where the proposal will adversely affect domestic and municipal water supplies, or where a suitable, potable water supply cannot be furnished to the requirements of the Regional Health Authority and the Saskatchewan Watershed Authority. 4.24 LANDSCAPING 1) Required landscaping in Residential, Mixed Use, and Community Service Districts i. The entire site shall be landscaped, except those portions used for buildings, driveways, parking and garden. ii. That portion of the property site that fronts onto the street shall be landscaped throughout, from the building to the street, except those portions required and permitted for driveways and parking. iii. The landscaping area shall be devoted within the next growing season after occupancy or partial occupancy of the building or the site. The landscaping shall be maintained in a neat and tidy condition at all times. 2) Required landscaping in Commercial Districts i. Landscaping in the C1 - Community Centre Commercial District shall be provided in accordance with a landscape plan and shall conform to the following provisions: a. A minimum of 10 percent of the site area shall be landscaped. b. All areas of the site not covered by the buildings, required accessory uses to the principle building, parking or vehicular manoeuvring areas, shall be landscaped to the minimum area requirements specified. c. Where a landscaped patio is part of the amenity area, the number of trees or other vegetation placed thereon shall be generally proportional to the area of the patio, in keeping with structural limitations. d. Where an outdoor private amenity space or communal open space is provided within the required landscaped area, it shall be considered as satisfying a portion of the landscaping requirements. e. Existing soft landscaping retained on a site may be considered in fulfilment of a portion of the total landscaping area requirement. f. Except for town boulevards, trees shall be planted in the overall minimum ratio of one tree per 45 m² of landscaped area provided. g. The quality and extent of the landscaping established on a site shall be the minimum standard maintained on the site for the life of the development. h. Adequate means of irrigating and maintaining the landscaping shall be provided. i. Soft landscaping shall be provided as follows: 62 | P a g e a) all plant materials shall be of a species capable of healthy growth in Langham; b) wherever space permits, trees shall be planted in groups; and c) shrubs shall be a minimum height or have a spread of 600 mm at the time of planting. ii. Landscaping in the C2 - Highway Commercial District shall be provided in accordance with a landscape plan and shall conform to the following provisions: a. A minimum of 10 percent of the site area shall be landscaped. b. All areas of the site not covered by the buildings, required accessory uses to the principle building, parking or vehicular manoeuvring areas, shall be landscaped to the minimum area requirements specified. c. Where a landscaped patio is part of the amenity area, the number of trees or other vegetation placed thereon shall be generally proportional to the area of the patio, in keeping with structural limitations. d. Where an outdoor private amenity space or communal open space is provided within the required landscaped area, it shall be considered as satisfying a portion of the landscaping requirements. e. Existing soft landscaping retained on a site may be considered in fulfilment of a portion of the total landscaping area requirement. f. Except for town boulevards, trees shall be planted in the overall minimum ratio of one tree per 45 m² of landscaped area provided. g. The quality and extent of the landscaping established on a site shall be the minimum standard maintained on the site for the life of the development. h. Adequate means of irrigating and maintaining the landscaping shall be provided. i. Soft landscaping shall be provided as follows: a) all plant materials shall be of a species capable of healthy growth in Langham; b) wherever space permits, trees shall be planted in groups; and c) shrubs shall be a minimum height or have a spread of 600 mm at the time of planting. iii. The provision of landscaping shall be a condition of the issuance of a development permit wherever the existing use of a building or structure is significantly enlarged, undergoes a significant increase in capacity or is changed to a new use. In these cases, the development permit will not be issued until the landscaping plan is approved by the Development Officer. 3) Required landscaping in Industrial Districts i. A landscaped strip of not less then 3 m in depth throughout lying parallel to and abutting the front site line shall be provided on every site and shall be used for no purpose except landscaping and necessary driveway access to the site. ii. On corner lots, in addition to the landscaping requirements in the front yard, a landscaped strip of not less than 2.25 m in width throughout lying parallel to and abutting the flanking street shall be provided. 63 | P a g e iii. Where an M - Industrial District abuts any Residential or Commercial District, without an intervening lane, there shall be a strip of land adjacent to the abutting site line if not less than 3 m throughout, which shall not be used for any purpose except landscaping. 4.25 PROHIBITION OF SPECIES BREEDING The breeding of rats and other rodents and crickets and other insects is prohibited in all zoning districts in the municipality. 64 | P a g e 5 ZONING DISTRICTS 5.1 CLASSIFICATION OF ZONING DISTRICTS In order to carry out the purpose and provisions of this Bylaw, the Town is divided into the following Zoning Districts, the boundaries of which are shown on the "Zoning District Map". Such districts may be referred to by the appropriate symbols. Districts Symbols Low Density Residential R1 Large Lot Residential R2 Medium Density Residential R3 Low Density Residential and R4 Modular Home Community Service CS Community Centre Commercial C1 Highway Commercial C2 Mixed Use MU Industrial M Parks and Recreation PR Future Urban Development FUD 5.2 THE ZONING DISTRICT MAP The map, bearing the statement "This is the Zoning District Map referred to in Bylaw No. " 2018-04 " adopted by the Council and signed by the Mayor and Administrator, and under the seal of the Town shall be known as the "Zoning District Map" and such map is declared to be an integral part of this Bylaw. 5.3 BOUNDARIES OF ZONING DISTRICTS 1) The boundaries of such districts referred to, together with explanatory legend, notation and reference, are shown on the map entitled "Zoning District Map". 2) All streets, lanes and road allowances, if not otherwise specifically designated, shall be deemed to be in the same zoning district as the property immediately abutting upon such streets, lanes and road allowances. If the land abutting each side of a street, lane or road allowance is located in different zoning districts, the centre line of such street, lane or road allowance shall be deemed to be the district boundary, unless otherwise specifically designated. 3) Streets, lanes, and road allowances which are shown on the Zoning District Map and which have been permanently closed pursuant to Section 13 of The Municipalities Act, shall be in the same district as the land abutting both sides of the permanently closed street, lane or road allowance. If the land abutting each side of the permanently closed street, land or road allowance was located in different zoning districts before the said street, lane or 65 | P a g e road allowance was permanently closed, the centre line of such permanently closed street, lane or road allowance shall be deemed to be the district boundary, unless otherwise specifically designated. 4) In unsubdivided land, the zoning district boundary shall be determined by the scale shown on the Zoning District Map. 5.4 ZONING DISTRICTS The uses or forms of development allowed within a zoning district, along with regulations or standards which apply, are contained in the District Schedules in Section 6. 5.5 PROPERTIES WITH MORE THAN ONE ZONING DISTRICT Where a site or lot is divided into more than one zoning district, the development and use of any portion of the site shall be in accordance with the requirements of the applicable zoning district and subject to Section 4.3 herein. 5.6 PERMITTED, DISCRETIONARY, AND PROHIBITED USES Any use that is not designated as a permitted or discretionary use within this bylaw shall be a prohibited use. 66 | P a g e 6 DISTRICT SCHEDULES 6.1 R1 - LOW DENSITY RESIDENTIAL DISTRICT 6.1.1 Purpose The objective of the R1 - Low Density Residential District is to provide for residential development in the form of single detached dwellings and for other compatible uses. 6.1.2 Permitted and Discretionary Uses Uses are listed and designated in Table 6-1 6.1.3 Accessory Uses Accessory buildings and uses shall be permitted subject to Section 4.8. 6.1.4 Standards and Regulations i. Site and building requirements are shown in Table 6-1. ii. The regulations governing landscaping for the R1 - Residential District are contained within Section 4.24 of this Bylaw. 6.1.5 Standards for Discretionary Uses Council will consider discretionary use applications in the R1 - Low Density Residential District with respect to Section 3.10.3 General Discretionary Use Evaluation Criteria, Section 3.10.4 Use Specific Discretionary Use Evaluation Criteria, as may be applicable, and additional evaluation criteria and development standards that follows in this section. i. Off street parking spaces for adult day care, day care centres, pre-school nurseries, residential care facilities - Type I, schools and places of worship, shall be located in a side or rear yard and be screened if they are adjacent to a site used for residential purposes. 6.1.6 Exceptions to Development Standards i. Where, on a corner site, a side yard of at least 6 m is provided along the flanking street for a single detached dwelling, the minimum rear yard requirement is reduced to 3 m. 67 | P a g e Table 6-1 R1 - Low Density Residential District Development Standards Principal Use Designation Parking Category Subject to Sections Development Standards Minimum Site Area (m2) Minimum Site Width (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Minimum Bldg Floor Area (m2) Maximum Site Coverage (%) Residential Uses (1) Secondary suites D 1 4.12.7 Refer to Special Regulations and Standards Section 4.12 (2) Single detached dwellings P 1 450(1) 15(2) 6 1.5(5) 4.5 70 50 (3) Semi-detached dwellings D 1 255(3) 7.5 6 1.5(5) 4.5 46 60 (4) Two unit dwellings D 1 510(4) 15 6 1.5(5) 4.5 92 60 Commercial Uses (1) Adult day care - Type I P 6 4.12.1 450(1) 15(2) 6 1.5(5) 4.5 70 50 (2) Adult day care - Type II D 6 4.12.1 450(1) 15(2) 6 1.5(5) 4.5 70 50 (3) Bed and breakfast homes D 4 4.12.2 450(1) 15(2) 6 1.5(5) 4.5 70 50 (4) Clubs D 3 3.10.4 (iii) 450 15 6 3(6) 4.5 70 50 (5) Convenience stores D 5 3.10.4 (ii) 450 15 6 3(6) 4.5 70 50 (6) Daycare centres and preschools D 11 4.12.4 450(1) 15(2) 6 1.5(5) 4.5 70 50 (7) Home based business - Type I P 0 4.11 Same as home (8) Home based business - Type II D 7 4.11 Same as home (9) Personal care homes - Type I & Type II D 6 4.12.3 450(1) 15 (2) 6 1.5(5) 4.5 70 50 (1 0) Residential care facilities - Type I & Type II D 7 4.12.3 450(1) 15 (2) 6 1.5(5) 4.5 70 50 Community Service, Municipal, Recreational, Institutional and Other Uses (1) Community centres P 3 3.10.4 (iii) 450 15 6 3(6) 4.5 70 50 (2) Municipal facilities P 0 no min no min no min no min no min no min no max (3) Parks and playgrounds P 0 no min no min no min no min 3 no min no max (4) Place of worship P 8 3.10.4 450 15 6 3(6) 4.5 70 50 68 | P a g e (iii) (5) Public schools P 12, 13 3.10.4 (iii) no min no min 6 3(6) 4.5 no min no max (6) Public works excluding offices, warehouses, storage yards and sewage lagoons P 0 no min no min no min no min no min no min no max Use Designations: (P) - Permitted Use means a use or form of development allowed as of right in a zoning district, subject to the regulations contained in this Bylaw. (D) - Discretionary Use A use or form of development specified in this Bylaw, which may be allowed following application to, and approval of the Council; and which complies with the development standards laid out in Section 6.1.5 and others as required by Council and/or contained in this Bylaw. Special limitation and standards regarding Table 6-1 and the R1 - Low Density Residential District: (1) unless site is served by a lane, in which case 360 m² (2) unless site is served by a lane, in which case 12 m (3) unless site is served by a lane, in which case 225 m² (4) unless site is served by a lane, in which case 450 m² (5) except for corner sites, where it shall be 3 m along the flanking street (6) or ½ the average building height, whichever is greater 6.1.7 Prohibited Uses Any use that is not designated as a permitted or discretionary use in Table 6-1 R1 - Low Density Residential District Development Standards shall be a prohibited use in this district. 69 | P a g e 6.2 R2 - LARGE LOT RESIDENTIAL DISTRICT 6.2.1 Purpose The objective of the R2 - Large Lot Residential District is to accommodate single detached residential dwellings on large lots and other compatible uses. 6.2.2 Permitted and Discretionary Uses Uses are listed and designated in Table 6-2 6.2.3 Accessory Uses 1) Accessory buildings and uses shall be permitted subject to Section 4.8. 6.2.4 Standards and Regulations 1) Site and building requirements are shown in Table 6-2. 2) The regulations governing landscaping for the R2 - Residential District are contained within Section 4.24 of this Bylaw. 6.2.5 Standards for Discretionary Use Council will consider discretionary use applications in the R2 - Large Lot Residential District with respect to Section 3.10.3 General Discretionary Use Evaluation Criteria, Section 3.10.4 Use Specific Discretionary Use Evaluation Criteria, as may be applicable, and additional evaluation criteria and development standards that follows in this section: 1) Off street parking spaces for adult day care, day care centres, pre-school nurseries, residential care facilities - Type I, schools and places of worship, shall be located in a side or rear yard and be screened if they are adjacent to a site used for residential purposes. 6.2.6 Exceptions to Development Standards 1) Where, on a corner site, a side yard of at least 6 m is provided along the flanking street for a single detached dwelling, the minimum rear yard requirement is reduced to 3 m Table 6-2 R2 - Large Lot Residential District Development Standards 70 | P a g e Principal Use Designation Parking Category Subject to Sections Development Standards Minimum Site Area (m2) Minimum Site Width (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Minimum Bldg Floor Area (m2) Maximum Site Coverage (%) Residential Uses (1) Secondary suites D 1 4.12.7 Refer to Special Regulations and Standards Section 4.12 (2) Single detached dwellings D 1 2 25 10 5 10 70 50 (3) Semi-detached dwellings P 1 2 25 10 5 10 70 50 Commercial Uses (1) Adult day care - Type I P 6 4.12.1 2 25 10 5 10 70 50 (2) Adult day care - Type II D 6 4.12.1 2 25 10 5 10 70 50 (3) Bed and breakfast homes D 4 4.12.2 2 25 10 5 10 70 50 (4) Daycare centres & preschools D 11 4.12.4 2 25 10 5 10 70 50 (5) Home based business - Type I P 0 4.11 Same as home (6) Home based business - Type II D 7 4.11 Same as home (7) Personal care homes - Type I and Type II D 6 4.12.3 2 25 10 5 10 70 50 (8) Residential care facilities - Type I and Type II D 7 4.12.3 2 25 10 5 10 70 50 Community Service, Municipal, Recreational, Institutional and Other Uses (1) Community centres P 3 3.10.4 (iii) 450 15 10 3(1) 4.5 no min 50 (2) Municipal facilities P 0 no min no min no min no min no min no min no max (3) Parks and playgrounds P 0 no min no min no min no min 3 no min 10 (4) Place of worship P 8 3.10.4 (iii) 450 15 10 3(1) 4.5 no min 50 (5) Public schools P 12, 13 3.10.4 (iii) no min no min 10 3(1) 4.5 no min no max (6) Public works excluding offices, warehouses, storage yards and sewage lagoons P 0 no min no min no min no min no min no min no max 71 | P a g e Use Designations: (P) - Permitted Use means a use or form of development allowed as of right in a zoning district, subject to the regulations contained in this Bylaw. (D) - Discretionary Use A use or form of development specified in this Bylaw, which may be allowed following application to, and approval of the Council; and which complies with the development standards laid out in Section 6.2.5 and others as required by Council and/or contained in this Bylaw. Special limitation and standards regarding Table 6-1 and the R1 - Low Density Residential District: (1) Or ½ the average building height, whichever is greater 6.2.7 Prohibited Uses Any use that is not designated as a permitted or discretionary use in Table 6-2 R2 - Large Lot Residential District Development Standards shall be a prohibited use in this district. 72 | P a g e 6.3 R3 - MEDIUM DENSITY RESIDENTIAL DISTRICT 6.3.1 Purpose The objective of the R3 - Medium Density Residential District is to provide for residential development in the form of single detached, semi-detached, two-unit dwellings, multiple-unit dwellings, dwelling groups and for other compatible uses. 6.3.2 Permitted and Discretionary Uses Uses are listed and designated in Table 6-3. 6.3.3 Accessory Uses (1) Accessory buildings and uses shall be permitted subject to Section 4.8. 6.3.4 Standards and Regulations 1) Site and building requirements are shown in Table 6-3. 2) The regulations governing landscaping for the R3 - Residential District are contained within Section 4.24 of this Bylaw. 6.3.5 Standards for Discretionary Uses Council will consider discretionary use applications in the R3 - Medium Density Residential District with respect to Section 3.10.3 General Discretionary Use Evaluation Criteria, Section 3.10.4 Use Specific Discretionary Use Evaluation Criteria, as may be applicable, and additional evaluation criteria and development standards that follows in this section: 1) Off street parking spaces for adult day care, day care centres, pre-school nurseries, residential care facilities - type I, schools and places of worship, shall be located in a side or rear yard and be screened if they are adjacent to a site used for residential purposes. 6.3.6 Exceptions to Development Standards 1) Where, on a corner site, a side yard of at least 6 m is provided along the flanking street for a single detached dwelling, the minimum rear yard requirement is reduced to 3 m. Table 6-3 R3 - Medium Density Residential District Development Standards Principal Des ign Par kin Subj ect to Sec Development Standards 73 | P a g e Use Minimum Site Area (m2) Minimum Site Width (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Minimum Bldg Floor Area (m2) Maximum Site Coverage (%) Residential Uses (1) Dwelling groups D 2 3.10.4(iv) 4.12.5 4000 no min no min 3(4) no min 50/unit 60 (2) Secondary suites D 1 4.12.7 Refer to Special Regulations and Standards Section 4.12 (3) Multiple unit dwellings (apartments) D 2 (9) 6/unit 6 (5)(10) no min 40/unit 60 (4) Multiple unit dwellings (townhouses) D 2 225/u nit 6/unit 6 (5)(10) 4.5 46/unit 60 (5) Semi-detached dwellings P 1 255(2) 7.5 6 1.2 (5)(7) 4.5 46 60 (6) Single detached dwellings P 1 450 (1) 15 (6) 6 1.2 (7) 4.5 70 50 (7) Street townhouse dwellings D 1 225 6 6 (5) (10) 4.5 46 / unit 60 (8) Two unit dwellings P 1 510 (3) 15 6 1.2(7)(5) 4.5 92 60 Commercial Uses (1) Adult day care - Type I P 6 4.12.1 450 (1) 15 (6) 6 1.2 (7) 4.5 70 50 (2) Adult day care - Type II D 6 4.12.1 450 (1) 15 (6) 6 1.2 (7) 4.5 70 50 (3) Bed and breakfast homes D 4 4.12.2 450 (1) 15 (6) 6 1.2 (7) 4.5 70 50 (4) Clubs D 3 3.10.4 (iii) 450 15 6 3 (4) 4.5 no min 50 (5) Convenience stores D 5 3.10.4(ii) 450 15 6 3 (4) 4.5 no min 50 (6) Daycare centres and preschools D 11 4.12.4 450 (1) 15 (6) 6 1.2 (7) 4.5 70 50 (7) Home based business - Type I P 0 4.11 Same as home (8) Home based business - Type II D 7 4.11 Same as home (9) Parking lots D 0 4.12.9 no min no min 3 3 3 no min no max (10) Personal care homes - Type I P 6 4.12.3 450 (1) 15 (6) 6 1.2 (7) 4.5 70 50 (11) Personal care D 6 4.12.3 450 (1) 15 (6) 6 1.2 (7) 4.5 70 50 74 | P a g e homes - Type II (12) Residential care facilities - Type I P 7 4.12.3 450 (1) 15 (6) 6 1.2 (7) 4.5 70 50 (13) Residential care facilities - Type II D 7 4.12.3 450 (1) 15 (6) 6 1.2 (7) 4.5 70 50 Community Service, Municipal, Recreational, Institutional and Other Uses (1) Ambulance stations D 5 3.10.4 (viii) 235 6 6 3 4.5 no min 50 (2) Community centres P 3 3.10.4 (iii) 450 15 6 3 (4) 4.5 no min 50 (3) Cultural institutions D 3 3.10.4 (iii) 450 15 6 3 (4) 4.5 no min 50 (4) Custodial care facilities D 6 4.12.3 450(1) 15 (6) 6 1.2 (7) 4.5 70 50 (5) Municipal facilities P 0 no min no min no min no min no min no min no max (6) Parks and playgrounds P 0 no min no min no min no min no min 3 no max (7) Places of worship P 8 3.10.4 (iii) 450 15 6 3 (4) 4.5 70 50 (8) Private schools D 12, 13 3.10.4 (iii) no min no min no min 3 (4) 4.5 no min no max (9) Public schools P 12, 13 3.10.4 (iii) no min no min 6 3 (4) 4.5 no min no max (10) Public works excluding offices, warehouses, storage yards and sewage lagoons P 0 no min no min no min no min no min no min no max Use Designations: (P) - Permitted Use means a use or form of development allowed as of right in a zoning district, subject to the regulations contained in this Bylaw. (D) - Discretionary Use A use or form of development specified in this Bylaw, which may be allowed following application to, and approval of the Council; and which complies with the development standards laid out in Section 6.3.5 and others as required by Council and/or contained in this Bylaw. Special limitation and standards regarding Table 6-1 and the R1 - Low Density Residential District: (1) unless site is served by a lane, in which case 360 m² (2) unless site is served by a lane, in which case 225 m² (3) unless site is served by a lane, in which case 450 m² 75 | P a g e (4) or ½ the building height, whichever is greater (5) except that no side yard is required where a common wall divides two dwelling units (6) unless site is served by a lane, in which case 12 m (7) except for corner sites, in which case the minimum requirement shall be 3 m along flanking street (8) to a maximum of 21 m (9) for multiple unit dwellings containing three to six units, the minimum site area shall be 550 m²; for multiple unit dwellings containing seven or more dwelling units, the minimum site area shall be 630 m² (10) for one-storey multiple unit dwellings, the minimum side yard requirement shall be 1.8 m, unless dwelling is on a corner site, in which case the minimum side yard requirement shall be 3 m for the side flanking the street; for multiple unit dwellings that are two (2) or three (3) storeys, the minimum side yard requirements shall be 3 m; for multiple unit dwellings that are four (4) storeys or higher, the minimum side yard requirement shall be ½ of the building height, to a maximum of six (6) m 6.3.7 Prohibited Uses Any use that is not designated as a permitted or discretionary use in Table 6-3 R3 - Medium Density Residential District Development Standards shall be a prohibited use in this district. 76 | P a g e 6.4 R4 - LOW DENSITY RESIDENTIAL AND MODULAR HOME DISTRICT 6.4.1 Purpose The objective of the R4 - Low Density Residential and Modular Home District is to provide for residential development in the form of single detached dwellings and modular homes as well as other community uses. 6.4.2 Permitted and Discretionary Uses Uses are listed and designated in Table 6-12. 6.4.3 Accessory Uses 1) Accessory buildings and uses shall be permitted subject to Section 4.8. 6.4.4 Standards and Regulations 1) Site and building requirements are shown in Table 6-12. 2) The regulations governing landscaping for the R4 - Low Density Residential and Modular Home District are contained within Section 4.24 of this Bylaw. 6.4.5 Standards for Discretionary Uses Council will consider discretionary use applications in the R4 - Low Density Residential and Modular Home District with respect to Section 3.10.3 General Discretionary Use Evaluation Criteria, Section 3.10.4 Use Specific Discretionary Use Evaluation Criteria, as may be applicable, and additional evaluation criteria and development standards that follows in this section. 1) Off-street parking spaces for adult day care, day care centres, pre-school nurseries, residential care facilities, schools and places of worship, shall be located in a side or rear yard only and be screened if they are adjacent to a site used for residential purposes. 6.4.6 Exceptions to Development Standards 1) Where, on a corner site, a side yard of at least 6 m is provided along the flanking street for a single detached dwelling, the minimum rear yard requirement is reduced to 3 m. Table 6-4 R4 - Low Density Residential and Modular Home District Development Standards 77 | P a g e Principal Use Designation Parking Category Subject to Sections Development Standards Minimum Site Area (m2) Minimum Site Width (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Minimum Bldg Floor Area (m2) Maximum Site Coverage (%) Residential Uses (1) Modular homes D 1 4.12.11 450 (1) 15 (2) 6 1.5 (3) 4.5 70 50 (2) Secondary suites D 1 4.12.7 Refer to Special Regulations and Standards Section 4.12 (3) Single detached dwellings P 1 450 (1) 15 (2) 6 1.5 (3) 4.5 70 50 Commercial Uses (1) Adult daycare facilities - type I P 6 4.12.1 450 (1) 15 (2) 6 1.5 (3) 4.5 70 50 (2) Adult daycare facilities - type II D 6 4.12.1 450 (1) 15 (2) 6 1.5 (3) 4.5 70 50 (3) Bed and breakfast homes D 4 4.12.2 450 (1) 15 (2) 6 1.5 (3) 4.5 70 50 (4) Clubs D 3 3.10.4 (iii) 450 15 6 3 (4) 4.5 no min no max (5) Convenience stores D 5 3.10.4 (ii) 450 (1) 15 (2) 6 1.5 (3) 4.5 70 50 (6) Daycare centres and preschools D 11 4.12.4 450 (1) 15 (2) 6 1.5 (3) 4.5 70 50 (7) Home based business - Type I P 0 4.11 Same as home (8) Home based business - Type II D 7 4.11 Same as home (9) Personal care homes - type I and type II P 6 4.12.3 450 (1) 15 (2) 6 1.5 (3) 4.5 70 50 (10) Residential care homes - type I and type II D 7 4.12.3 450 (1) 15 (2) 6 1.5 (3) 4.5 70 50 Community Service, Municipal, Recreational, Institutional and Other Uses (1) Community centres P 3 3.10.4 (iii) 450 15 6 3 (4) 4.5 no min no max (2) Municipal facilities P 0 no min no min no min no min no min no min no max (3) Parks and playgrounds P 0 no min no min no min 3 3 no min no max (4) Places of worship P 8 3.10.4 (iii) 450 15 6 3 (4) 4.5 no min no max (5) Public schools P 12, 13 3.10.4 (iii) no min no min 6 3 (4) 4.5 no min no max 78 | P a g e (6) Public works excluding offices, warehouses, storage yards and sewage lagoons P 0 no min no min no min no min no min no min no max Use Designations: (P) - Permitted Use means a use or form of development allowed as of right in a zoning district, subject to the regulations contained in this Bylaw. (D) - Discretionary Use A use or form of development specified in this Bylaw, which may be allowed following application to, and approval of the Council; and which complies with the development standards laid out in Section 6.12.5 and others as required by Council and/or contained in this Bylaw. Special limitations and standards regarding Table 6-12 and the R4 district: (1) unless the site is served by a lane, in which case 360 (2) unless the site is served by a lane, in which case 12 m (3) except for corner sites, where it shall be 3 along the flanking street (4) or ½ the building height, whichever is greater 6.4.7 Prohibited Uses Any use that is not designated as a permitted or discretionary use in Table 6-4 R4 - Low Density Residential and Modular Home District Development Standards shall be a prohibited use in this district. 79 | P a g e 6.5 CS - COMMUNITY SERVICE DISTRICT 6.5.1 Purpose The objective of the CS - Community Service District is to provide for development in the form of a range of community services and other compatible uses. 6.5.2 Permitted and Discretionary Used Uses are listed and designated in Table 6-5. 6.5.3 Accessory Uses Accessory buildings and uses shall be permitted subject to Section 4.8. 6.5.4 Standards and Regulations 1) Site and building requirements are shown in Table 6-5. 2) The regulations governing landscaping for the CS - Community Service District are contained within Section 4.24 of this Bylaw. 6.5.5 Standards for Discretionary Uses Council will consider discretionary use applications in the CS - Community Service District with respect to Section 3.10.3 General Discretionary Use Evaluation Criteria, Section 3.10.4 Use Specific Discretionary Use Evaluation Criteria, as may be applicable, and additional evaluation criteria and development standards that follows in this section. 6.5.6 Exceptions to Development Standards Where, on a corner site, a side yard of at least 6 m is provided along the flanking street for a single detached dwelling, the minimum rear yard requirement is reduced to 3 m. Table 6-5 CS - Community Service District Development Standards Principal Use Designation Parking Category Subject to Sections Development Standards Minimum Site Area (m2) Minimum Site Width (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Minimum Bldg Floor Area (m2) Maximum Site Coverage (%) Residential Uses (1) Dwelling groups D 2 3.10.4 (iv) 4.12.5 4,000 no min no min 3 (1) no min no min 60 (2) Multiple unit dwellings D 2 (7) 6/unit 6 (4)(5) 4.5 40/unit 60 80 | P a g e (apartments) (3) Multiple unit dwellings (townhouses) D 2 225/ unit 6/unit 6 (4)(5) 4.5 46/unit 60 (4) Semi-detached dwellings D 1 225(2) 7.5 6 1.5(5)(8) 4.5 46 60 (5) Single detached dwellings D 1 450(9) 15(10) 6 1.5 (8) 4.5 70 50 (6) Street townhouse dwellings D 1 225 6 6 1.5(5) (8) 4.5 46 60 (7) Two unit dwellings D 1 510(3) 15 6 1.5 (8) 4.5 92 50 Commercial Uses (1) Adult day care - Type I P 6 4.12.1 450 (9) 15 (10) 6 1.5 (8) 4.5 70 50 (2) Adult day care - Type II P 6 4.12.1 450 (9) 15 (10) 6 1.5 (8) 4.5 70 50 (3) Bed and breakfast homes D 4 4.12.2 450 (9) 15 (10) 6 1.5 (8) 4.5 70 50 (4) Clubs P 5 3.10.4(iii) 225 6 6 3 (1) 4.5 no min 50 (5) Commercial recreational facilities, including rinks, golf courses and tourist campgrounds P 5, 11 225 6 6 3 (1) 4.5 no min 50 (6) Daycare centres and preschools P 11 4.12.4 450 (9) 15 (10) 6 1.5 (8) 4.5 70 50 (7) Funeral homes D 8 225 6 6 3 (1) 4.5 no min 50 (8) Health care clinics P 5 225 6 6 3 (1) 4.5 no min 50 (9) Home based businesses - Type I P 0 4.11 Same as home (10) Home based businesses - Type II D 7 4.11 Same as home (11) Medical, dental and optical laboratories P 5 225 6 6 3(1) 4.5 no min 50 (12) Parking lots P 0 4.12.9 no min no min 3 3 3 no min no max (13) Personal care homes P 6 4.12.3 450 (9) 15 (10) 6 1.5 (8) 4.5 70 50 (14) Private schools P 11, 12, 13 no min no min no min 3 (1) 4.5 no min no max (15) Residential care facilities - Type I P 7 4.12.3 450 (9) 15 (10) 6 1.5 (8) 4.5 70 50 (16) Residential care facilities - Type II P 7 4.12.3 450 (9) 15 (10) 6 1.5 (8) 4.5 70 50 (17) Restaurants, with or without associated lounges D 10 Community Service, Municipal, Recreational, Institutional and Other Uses (1) Ambulance stations P 5 225 6 6 3 (1) 4.5 no no 81 | P a g e min max (2) Cemeteries P 0 no min no min 6 3 (1) 4.5 no min no max (3) Community centres P 3 225 6 6 3 (1) 4.5 no min 50 (4) Cultural institutions P 3 225 6 6 3 (1) 4.5 no min 50 (5) Custodial care facilities D 6 4.12.3 450 (9) 15 (10) 6 1.5 (8) 4.5 70 50 (6) Educational institutions P 13 no min no min 6 3 (1) 4.5 no min no max (7) Federal, provincial and municipal buildings and uses, excluding warehouses, storage yards and sewage lagoons P 5 no min no min 6 3 (1) 4.5 no min no max (8) Municipal facilities P 0 no min no min no min no min no min no min no max (9) Parks and playgrounds P 0 no min no min no min no min 3 no min no max (10) Places of worship P 8 225 6 6 3 (1) 4.5 no min 50 (11) Public hospitals P 5 no min no min 6 3 (1) 4.5 no min no max (12) Public elementary and secondary schools P 12, 13 no min no min no min 3 (1) 4.5 no min no max (13) Public works excluding warehouses and storage yards P 0 no min no min no min no min no min no min no max (14) Public recreational facilities P 11 no min no min no min 3 (1) 4.5 no min no max Use Designations: (P) - Permitted Use means a use or form of development allowed as of right in a zoning district, subject to the regulations contained in this Bylaw. (D) - Discretionary Use A use or form of development specified in this Bylaw, which may be allowed following application to, and approval of the Council; and which complies with the development standards laid out in Section 6.4.5 and others as required by Council and/or contained in this Bylaw Special limitation and standards regarding Table 6-5 and the CS - Community Service District: (1) or ½ the building height, whichever is greater (2) unless site is served by a lane, in which case 225 m² per unit (3) unless site is served by a lane, in which case 450 m² 82 | P a g e (4) for one-storey multiple unit dwellings, the minimum side yard requirement shall be 1.8 m, unless dwelling is on a corner site, in which case the minimum side yard requirement shall be 3 m for the side flanking the street; for multiple unit dwellings that are two (2) or three (3) storeys, the minimum side yard requirements shall be 3 m; for multiple unit dwellings that are four (4) storeys or higher, the minimum side yard requirement shall be ½ of the building height, to a maximum of six (6) m (5) except that no side yard is required where a common wall divides two dwelling units (6) to a maximum requirement of 21 m (7) for multiple unit dwellings containing three to six units, the minimum site area shall be 550 m²; for multiple unit dwellings containing seven or more dwelling units, the minimum site area shall be 630 m² (8) except for corner sites, where it shall be 3 m along the flanking street (9) unless site is served by a lane, in which case 360 m² (10) unless site is served by a lane, in which case 12 m 6.5.7 Prohibited Uses Any use that is not designated as a permitted or discretionary use in Table 6-5 CS - Community Service District Development Standards shall be a prohibited use in this district. 83 | P a g e 6.6 C1 - COMMUNITY CENTRE COMMERCIAL DISTRICT 6.6.1 Purpose The objective of the C1 - Community Centre Commercial District is to provide for development in the form of a range of downtown commercial, community centre commercial and other compatible uses. 6.6.2 Permitted and Discretionary Uses Uses are listed and designated in Table 6-6. 6.6.3 Accessory Uses Accessory buildings and uses shall be permitted subject to Section 4.8. 6.6.4 Standards and Regulations 1) Site and building requirements are shown in Table 6-5. 2) The regulations governing landscaping for the C1 - Community Centre Commercial District are contained within Section 4.24 of this Bylaw. 6.6.5 Standards for Discretionary Use Council will consider discretionary use applications in the C1 - Community Centre Commercial District with respect to Section 3.10.3 Discretionary Use - General Evaluation Criteria and to Section 3.10.4 Discretionary Use - Specific Evaluation Criteria and to additional evaluation criteria and development standards that follows in this section. 6.6.6 Exceptions to Development Standards Where, on a corner site, a side yard of at least 6 m is provided along the flanking street for a single detached dwelling, the minimum rear yard requirement is reduced to 3 m. 84 | P a g e Table 6-6 C1 - Community Centre Commercial Development Standards Principal Use Designation Parking Category Subject to Sections Development Standards Minimum Site Area (m²) Minimum Site Width (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Maximum Site Coverage (%) Residential Uses (1) Dwelling units in conjunction with and attached to any other permitted use D 1 3.10.4(xviii) no min no min no min (1) (2) no max (2) Multiple unit dwellings (including apartments) D 2 3.10.4 (v) 550 6/unit (3) 6 (4) no min 60 Commercial Uses (1) Bakeries with retail sales P 16 225 6 no min (1) (2) no max (2) Bus terminal D 16 3.10.4 (i) 4.12.6 225 6 no min (1) (2) no max (3) Carwashes D 16 3.10.4 (i) 225 6 no min (1) (2) no max (4) Clubs P 16 3.10.4 (iii) 225 6 no min (1) (2) no max (5) Commercial recreation facilities, excluding rinks and golf courses P 11 225 6 no min (1) (2) no max (6) Convenience stores, with or without associated gas bars P 16 225 6 no min (1) (2) no max (7) Day Care Centres & Preschools P 16 4.12.4 225 6 no min (1) (2) no max (8) Financial institutions P 16 225 6 no min (1) (2) no max (9) Funeral homes P 16 225 6 no min (1) (2) no max (10) Gas bars, with or without associated convenience stores D 16 4.12.6 4.12.8 225 6 7.5 (1) (2) no max (11) Health care clinics P 16 225 6 no min (1) (2) no max (12) Home based businesses - type I P 16 4.11 Same as home (13) Home based businesses - type II P 16 4.11 Same as home (14) Hotels P 10 225 6 no min (1) (2) no max 85 | P a g e (15) Lumber yards, home improvement centres and building supply establishments D 16 3.10.4(x) 225 6 no min (1) (2) no max (16) Malls D 5 3.10.4 (vii) 225 6 7.5 (1) (2) no max (17) Medical, dental and optical laboratories P 16 225 6 no min (1) (2) no max (18) Motels P 10 225 6 no min (1) (2) no max (19) Offices and office buildings P 16 225 6 no min (1) (2) no max (20) Parking lots D 16 4.12.9 225 6 no min (1) (2) no max (21) Personal service shops P 16 225 6 no min (1) (2) no max (22) Photography studios P 16 225 6 no min (1) (2) no max (23) Printing plants and newspaper offices P 16 225 6 no min (1) (2) no max (24) Radio and television stations P 16 225 6 no min (1) (2) no max (25) Repair services, restricted to the repair of household goods and appliances P 16 225 6 no min (1) (2) no max (26) Restaurants, with or without associated lounges P 16 225 6 no min (1) (2) no max (27) Retail stores P 16 225 6 no min (1) (2) no max (28) Service stations P 16 4.12.6 225 6 7.5 (1) (2) no max (29) Shopping centres D 16 4.12.10 225 6 7.5 (1) (2) no max (30) Theatres P 16 225 6 no min (1) (2) no max (31) Tourist information centres and booths P 16 225 6 no min (1) (2) no max (32) Undertaking establishments P 16 225 6 no min (1) (2) no max (33) Veterinary clinics P 16 225 6 no min (1) (2) no max (34) Automobile Sales and Service Establishments P 16 4.12.6 225 6 no min (1) (2) no max Community Service, Government, Recreational, Institutional and Other Uses (1) Cultural institutions P 16 225 6 no min (1) (2) no max (2) Places of worship P 16 225 6 no min (1) (2) no max (3) Public recreational facilities P 11 no no no (1) (2) no 86 | P a g e min min min max (4) Municipal facilities P 0 no min no min no min no min no min no max (5) Parks and playgrounds P 0 no min no min no min no min 3 no max (6) Public works, excluding warehouses, storage yards and sewage lagoons P 0 no min no min no min no min no min no max Use Designations: (P) - Permitted Use means a use or form of development allowed as of right in a zoning district, subject to the regulations contained in this Bylaw. (D) - Discretionary Use A use or form of development specified in this Bylaw, which may be allowed following application to, and approval of the Council; and which complies with the development standards laid out in Section 6.4.5 and others as required by Council and/or contained in this Bylaw. Special limitation and standards regarding Table 6-6 and the C1 - Community Centre Commercial District: (1) where the side line of a site in any C1 - Community Centre Commercial District abuts any Residential District without an intervening street or lane: 1.5 m; otherwise, no requirements (2) where the rear line of a site in any C1 - Community Centre Commercial District abuts any Residential District without an intervening street or lane: 4.5 m; otherwise, no requirements (3) to a maximum of 21 m (4) for one-storey multiple unit dwellings, the minimum side yard requirement shall be 1.8 m, unless dwelling is on a corner site, in which case the minimum side yard requirement shall be 3 m for the side flanking the street; for multiple unit dwellings that are two (2) or three (3) storeys, the minimum side yard requirements shall be 3 m; for multiple unit dwellings that are four (4) storeys or higher, the minimum side yard requirement shall be ½ of the building height, to a maximum of six (6) m 6.6.7 Prohibited Uses Any use that is not designated as a permitted or discretionary use in Table 6-6 C1 - Community Centre Commercial Development Standards shall be a prohibited use in this district. 87 | P a g e 6.7 C2 - HIGHWAY COMMERCIAL DISTRICT 6.7.1 Purpose The objective of the C2 - Highway Commercial District is to provide for development in the form of a range of highway commercial and other compatible uses. 6.7.2 Permitted and Discretionary Uses Uses are listed and designated in Table 6-7. 6.7.3 Accessory Uses Accessory buildings and uses shall be permitted subject to Section 4.8. 6.7.4 Standards and Regulations 1) Site and building requirements are shown in Table 6-7. 2) The regulations governing landscaping for the C2 - Highway Commercial District are contained within Section 4.24 of this Bylaw. 6.7.5 Standards for Discretionary Use Council will consider discretionary use applications in the C2 - Highway Commercial District with respect to Section 3.10.3 Discretionary Use - General Evaluation Criteria and to Section 3.10.4 Discretionary Use - Specific Evaluation Criteria and to additional evaluation criteria and development standards that follows in this section. 6.7.6 Exceptions to Development Standards Table 6-7 C2 - Highway Commercial Development Standards Principal Use Designation Parking Category Subject to Sections Development Standards Minimum Site Area (m²) Minimum Site Width (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Residential Use (1) Dwelling units accessory to permitted uses and integrated as part of principal buildings, for the use of caretakers, owners or managers D 1 3.10.4(xviii) (1) (1) (1) (1) (1) Commercial and Industrial Uses (1) Animal hospitals P 5 600 20 6 3 (2) 88 | P a g e (2) Auto body shops D 14 3.10.4(xi) 600 20 6 3 (2) (3) Automobiles, marine, recreational vehicle and equipment, agricultural equipment and mobile home sales and service establishments P 3 4.12.6 600 20 6 3 (2) (4) Automotive and industrial supply stores P 5 600 20 6 3 (2) (5) Bingo halls P 5 600 20 6 3 (2) (6) Bulk fuel dealers D 3 4.12.6 600 20 6 3 (2) (7) Bus terminals P 5 4.12.6 4.12.8 600 20 6 3 (2) (8) Car washes P 14 600 20 6 3 (2) (9) Commercial recreational facilities P 11 600 20 6 3 (2) (10) Construction trades D 3 3.10.4(x) 600 20 6 3 (2) (11) Convenience stores, with or without associated gas bars P 5 4.12.6 600 20 6 3 (2) (12) Drive-in theatres P 5 600 20 6 3 (2) (13) Financial institutions P 5 600 20 6 3 (2) (14) Freight handling facilities D 3 3.10.4(xi) 600 20 6 3 (2) (15) Funeral homes P 8 600 20 6 3 (2) (16) Gas bars, with or without associated convenience stores P 5 4.12.6 4.12.8 600 20 6 3 (2) (17) Health care clinics P 5 600 20 6 3 (2) (18) Hotels P 9 600 20 6 3 (2) (19) Indoor storage rental facilities D 3 3.10.4(xiii) 600 20 6 3 (2) (20) Light industrial uses D 3 3.10.4(xi) 600 20 6 3 (2) (21) Lumber yards, home improvement centres and building supply establishments P 3 600 20 6 3 (2) (22) Miniature golf courses P 11 600 20 6 3 (2) (23) Motels P 9 1600 20 7.5 3 (2) (24) Night clubs D 10 3.10.4 (vi) 600 20 6 3 (2) (25) Nurseries, greenhouses and garden centres P 3 600 20 6 3 (2) (26) Office and office buildings P 5 600 20 6 3 (2) (27) Parking lots P 0 No min No min 6 3 (2) (28) Personal service shops P 5 600 20 6 3 (2) 89 | P a g e (29) Public garages P 14 600 20 6 3 (2) (30) Recycling collection depots D 3 3.10.4(xiii) 600 20 6 3 (2) (31) Rental stores P 3 600 20 6 3 (2) (32) Repair services, restricted to the repair of household goods and appliances P 3 600 20 6 3 (2) (33) Restaurants, with associated lounges D 10 3.10.4 (ix) 600 20 6 3 (2) (34) Restaurants, without associated lounges P 10 600 20 6 3 (2) (35) Retail stores P 5 600 20 6 3 (2) (36) Service stations P 14 4.12.6 600 20 6 3 (2) (37) Storage garages D 14 4.12.10 600 20 6 3 (2) (38) Taverns D 10 3.10.4(xiii) 600 20 6 3 (2) (39) Taxidermy and accessory tanning of hides D 3 3.10.4(vi) 600 20 6 3 (2) (40) Tourist campgrounds D 5 3.10.4(xiv) 600 20 6 3 (2) (41) Tourist information centres and booths P 5 600 20 6 3 (2) (42) Trucking operations D 3 4.12.6 600 20 6 3 (2) (43) Veterinary clinics P 5 600 20 6 3 (2) (44) Warehouses D 3 3.10.4(xi) 600 20 6 3 (2) (45) Welding and machine shops D 3 3.10.4(xi) 600 20 6 3 (2) Community Service, Municipal, Recreational, Institutional and Other Uses (1) Ambulance stations D 5 3.10.4(viii) 600 20 6 3 (2) (2) Municipal facilities P 0 no min no min no min no min no min (3) Parks and playgrounds P 0 no min no min no min no min no min (4) Places of worship D 8 3.10.4(iii) 600 20 6 3 (2) (5) Public works, excluding sewage lagoons P 0 no min no min no min no min no min (6) Public recreational facilities P 11 no min no min no min no min no min Use Designations: (P) - Permitted Use means a use or form of development allowed as of right in a zoning district, subject to the regulations contained in this Bylaw. (D) - Discretionary Use 90 | P a g e A use or form of development specified in this Bylaw, which may be allowed following application to, and approval of the Council; and which complies with the development standards laid out in Section 6.6.5 and others as required by Council and/or contained in this Bylaw. Special limitation and standards regarding Table 6-6 and the C1 - Community Centre Commercial District: (1) the development standards of dwelling units are equivalent to the development standards of the permitted use that the dwelling unit is built in conjunction with (2) 10% of the site depth 6.7.7 Prohibited Uses Any use that is not designated as a permitted or discretionary use in Table 6-7 C2 - Highway Commercial Development Standards shall be a prohibited use in this district. 91 | P a g e 6.8 MU - MIXED USE DISTRICT 6.8.1 Purpose The objective of the MU - Mixed Use District is to provide for a mix of land uses, including higher density residential uses, a range of downtown commercial uses, and other compatible uses, proximal to the downtown area or other community centre. 6.8.2 Permitted and Discretionary Use Uses are listed and designated in Table 6-8. 6.8.3 Accessory Uses Accessory buildings and uses shall be permitted subject to Section 4.8. 6.8.4 Standards and Regulations 1) Site and building requirements are shown in Table 6-8. 2) The regulations governing landscaping for the MU- Mixed Use District are contained within Section 4.24 of this Bylaw. 6.8.5 Standards for Discretionary Use Council will consider discretionary use applications in the MU - Mixed Use District with respect to Section 3.10.3 Discretionary Use - General Evaluation Criteria and to Section 3.10.4 Discretionary Use - Specific Evaluation Criteria and to additional evaluation criteria and development standards that follows in this section. 1) Discretionary residential uses are subject to the following criteria: i. Dwellings shall maintain the mixed use character, density and purpose of the MU - Mixed Use district; and, ii. As the purpose of the MU - Mixed Use district is to facilitate a mix of land uses including higher density residential; the building or expansion of semi-detached, two-unit dwellings, and single detached dwellings shall be considered on sites that hold existing dwellings of a similar nature and density. 2) Skating rinks and golf courses are not permitted in districts zoned MU - Mixed Use. 3) Financial institutions; restaurants, without associated lounges; retail stores; and, veterinary clinics are subject to the following criteria: i. The location of the use will only be favourably considered where it can be demonstrated that the use will have a minimal impact on the amenity of the MU - Mixed Use District and adjacent residential areas and that these areas will not be unreasonably compromised; and, ii. The character of adjacent/residential districts, along the zone interface, shall, where possible, be protected and maintained through the provision of buffer areas, separation distances and / or screening. 4) Community service uses subject to Section 3.10.4 (3). 92 | P a g e 5) Off street parking spaces for dwelling groups, day care centres, pre-school nurseries, residential care facilities, cultural institutions, clubs, health care clinics, schools and places of worship, shall be located in a side or rear yard and shall be screened if they abut a site used for residential purposes. 6.8.6 Exceptions to Development Standards Where, on a corner site, a side yard of at least 6 m is provided along the flanking street for a single detached dwelling, the minimum rear yard requirement is reduced to 3 m. Table 6-8 MU - Mixed Use District Development Standards Principal Use Designation Parking Category Subject to Sections Development Standards Minimum Site Area (m²) Minimum Site Width (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Minimum Bldg Floor Area (m²) Maximum Site Coverage (%) Residential Uses (1) Dwelling groups D 2 3.10.4(iv) 4.12.5 4000 no min no min 3(12) no min 50/unit 60 (2) Dwelling units in conjunction with and attached to any other permitted use P 1 no min no min no min (2) (3) (4) no max (3) Multiple unit dwelling (apartments) P 2 (13) 6 / unit (6) 6 (7)(8) no min 40/Unit 60 (4) Multiple unit dwelling (townhouses) P 2 225 / unit 6 / unit 6 (7)(8) no min 46/unit 60 (5) Semi-detached dwellings D 1 255 (5) 7.5 6 1.5 (1)(8) 4.5 46 60 (6) Single detached dwellings D 1 450 (9) 15 (10) 6 1.5 (1) 4.5 70 50 (7) Street townhouse dwellings P 2 225 6 6 (7)(8) no min 46/unit 60 (8) Two unit dwellings D 1 510 (11) 15 6 1.5 (1) 4.5 92 50 Commercial Uses (1) Adult daycare - Types I and II P 6 4.12.1 450 (9) 15 (10) 6 1.5 (1) 4.5 70 50 (2) Bakeries with retail sales P 5 225 6 no min (2) (3) no min no max (3) Bed and breakfast homes D 4 4.12.2 450 (9) 15 (10) 6 1.5 (1) 4.5 70 50 93 | P a g e (4) Clubs P 5 225 6 no min (2) (3) no min no max (5) Commercial recreation facilities, excluding rinks and golf courses D 11 3.10.4 (iii) 225 6 no min (2) (3) no min no max (6) Convenience stores, with or without associated gas bars P 5 225 6 no min (2) (3) no min no max (7) Daycare centres and preschools P 11 4.12.4 225 6 no min (2) (3) no min no max (8) Financial institutions D 5 225 6 no min (2) (3) no min no max (9) Gas bars, with or without associated convenience stores P 5 4.12.6 4.12.8 225 6 no min (2) (3) no min no max (10) Healthcare centres P 5 225 6 no min (2) (3) no min no max (11) Home based businesses - Type I P 0 4.11 Same as home (12) Home based businesses - Type II D 7 4.11 Same as home (13) Laundromats D 5 3.10.4 (xv) 225 6 no min (2) (3) no min no max (14) Medical, dental and optical laboratories P 5 225 6 no min (2) (3) no min no max (15) Offices and office buildings P 5 225 6 no min (2) (3) no min no max (16) Parking lots D 0 4.12.9 no min no min no min (2) (3) no min no max (17) Personal care homes P 6 4.12.3 450 (9) 15 (10) 6 1.5 (1) 4.5 70 50 (18) Personal service shops P 5 225 6 no min (2) (3) no min no max (19) Photographer studios P 5 225 6 no min (2) (3) no min no max (20) Repair services, restricted to the repair of household goods and appliances P 3 225 6 no min (2) (3) no min no max (21) Residential care facilities P 7 4.12.3 450 (9) 15 (10) 6 1.5 (1) 4.5 70 50 (22) Restaurants, without associated lounges D 10 3.10.4 (vi) 225 6 no min (2) (3) no min no max 94 | P a g e (23) Retail stores D 5 225 6 no min (2) (3) no min no max (24) Veterinary clinics D 5 225 6 no min (2) (3) no min no max Community Service, Municipal, Recreational, Institutional and Other Uses (1) Ambulance stations D 5 3.10.4 (viii) 225 6 6 (2) (3) no min no max (2) Municipal facilities P 0 no min no min no min no min no min no min no max (3) Parks and playgrounds P 0 no min no min no min no min no min no min no max (4) Places of worship P 8 225 6 no min (2) (3) no min no max (5) Public works, excluding warehouses, storage yards and sewage lagoons P 0 no min no min no min no min no min no min no max (6) Public recreation facilities D 11 3.10.4(iii) 225 6 no min (2) (3) no min no max Use Designations: (P) - Permitted Use means a use or form of development allowed as of right in a zoning district, subject to the regulations contained in this Bylaw. (D) - Discretionary Use A use or form of development specified in this Bylaw, which may be allowed following application to, and approval of the Council; and which complies with the development standards laid out in Section 6.7.5 and others as required by Council and/or contained in this Bylaw. Special limitation and standards regarding Table 6-8 and the MU - Mixed Use District: (1) except for corner sites, which shall be 3 m along flanking street (2) where the side line of a site in any MU - Mixed Use District abuts any Residential District without an intervening street or lane: 1.5 m; otherwise, no requirements (3) where the rear line of a site in any MU - Mixed Use District abuts any Residential District without an intervening street or lane: 4.5 m; otherwise, no requirements (4) the floor area of all dwelling units shall not exceed the floor area of all other uses which are located in the same building and the minimum floor area of any single dwelling unit shall not be less than 28 m² (5) unless site is served by a lane, in which case 225 m² per unit (6) to a maximum of 21 m (7) for one-storey multiple unit dwellings, the minimum side yard requirement shall be 1.8 m, unless dwelling is on a corner site, in which case the minimum side yard requirement shall be 3 m for the side flanking the street; for multiple unit dwellings that are two (2) or three (3) 95 | P a g e storeys, the minimum side yard requirements shall be 3 m; for multiple unit dwellings that are four (4) storeys or higher, the minimum side yard requirement shall be ½ of the building height, to a maximum of six (6) m (8) except that no side yard is required where a common wall divides two dwelling units (9) unless site is served by a lane, in which case 360 m² (10) unless site is served by a lane, in which case 12 m (11) unless site is served by a lane, in which case 450 m² (12) or ½ of the building height, whichever is greater (13) for multiple unit dwellings containing three to six units, the minimum site area shall be 550 m²; for multiple unit dwellings containing seven or more dwelling units, the minimum site area shall be 630 m² 6.8.7 Prohibited Uses Any use that is not designated as a permitted or discretionary use in Table 6-8 MU - Mixed Use District Development Standards shall be a prohibited use in this district. 96 | P a g e 6.9 M - INDUSTRIAL DISTRICT 6.9.1 Purpose The objective of the M - Industrial District is to provide for development in the form of a range of industrial and other compatible uses. 6.9.2 Permitted and Discretionary Uses Uses are listed and designated in Table 6-9. 6.9.3 Accessory Uses Accessory buildings and uses shall be permitted subject to Section 4.8. 6.9.4 Standards and Regulations 1) Site and building requirements are shown in Table 6-9. 2) The regulations governing landscaping for the M - Industrial District are contained within Section 4.24 of this Bylaw. 6.9.5 Standards for Discretionary Uses Council will consider discretionary use applications in the M - Industrial District with respect to Section 3.10.3 Discretionary Use - General Evaluation Criteria and to Section 3.10.4 Discretionary Use - Specific Evaluation Criteria and to additional evaluation criteria and development standards that follows in this section. 1) Discretionary commercial and industrial uses are subject to the following criteria: i. The location of the use will only be favourably considered where it can be demonstrated that the use and intensity is appropriate to the site and that it will have a minimal impact on the surrounding, adjacent areas. Consideration may be given, but is not limited, to the following effects: ii. municipal servicing capacity; iii. anticipated levels of noise, odour, smoke, fumes, dust, lighting, glare, vibration or other emissions emanating from the operation; iv. anticipated increased levels or types of vehicle traffic, unsafe conditions or situations for vehicles, cyclists or pedestrians; and/or, v. utilization of hazardous substances. 6.9.6 Exceptions to Development Standards Table 6-9 M - Industrial District Development Standards 97 | P a g e Principal Use Designation Parking Category Subject to Sections Development Standards Minimum Site Area (m²) Minimum Site Width (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Minimum Bldg Floor Area (m²) Maximum Site Coverage (%) Residential Uses (1) Dwelling units accessory to permitted units integrated as part of principal buildings, for the use of caretakers, owners or night managers. D 1 3.10.4 (xviii) (1) (1) (1) (1) (1) no min no max Commercial and Industrial Uses (1) Animal hospitals P 5 1,100 30 6 3(3)(4) (2) no min no max (2) Auction markets, excluding livestock auction facilities P 3 1,100 30 6 3(3)(4) (2) no min no max (3) Automobile, marine, recreational vehicle, and equipment, agricultural equipment and mobile home sales and service establishments P 3 4.12.6 1,100 30 6 3(3)(4) (2) no min no max (4) Bulk fertilizer operations D 3 3.10.4 (xxi) 1,100 30 6 3(3)(4) (2) no min no max (5) Bulk fuel dealerships and storage D 3 3.10.4 (xxi) 1,100 30 6 3(3)(4) (2) no min no max (6) Cement and concrete plants P 3 1,100 30 6 3(3)(4) (2) no min no max (7) Consignment centres P 5 1,100 30 6 3(3)(4) (2) no min no max (8) Construction trades P 3 1,100 30 6 3(3)(4) (2) no min no max (9) Foundry works and boiler works D 3 1,100 30 6 3(3)(4) (2) no min no max (10) Gas bars P 5 4.12.6 4.12.8 1,100 30 6 3(3)(4) (2) no min no max (11) General industrial uses (see, Use, General Industrial in Section 2) P 3 1,100 30 6 3(3)(4) (2) no min no max 98 | P a g e (12) Junk, salvage, and auto wrecker yards D 3 3.10.4 (xix) 1,100 30 6 3(3)(4) (2) no min no max (13) Livestock auction facilities D 3 3.10.4 (xxii) 1,100 30 6 3(3)(4) (2) no min no max (14) Lumber yards and building supply establishments P 3 1,100 30 6 3(3)(4) (2) no min no max (15) Nurseries, greenhouses and garden centres P 3 1,100 30 6 3(3)(4) (2) no min no max (16) Parking lots P 0 1,100 30 6 3(3)(4) (2) no min no max (17) Public garages P 14 1,100 30 6 3(3)(4) (2) no min no max (18) Sand and gravel operations D 3 1,100 30 6 3(3)(4) (2) no min no max (19) Seed cleaning plants and feed mills D 3 1,100 30 6 3(3)(4) (2) no min no max (20) Service stations P 14 4.12.6 4.12.10 1,100 30 6 3(3)(4) (2) no min no max (21) Stockyards D 3 1,100 30 6 3(3)(4) (2) no min no max (22) Towers D 0 1,100 30 6 3(3)(4) (2) no min no max (23) Veterinary clinics P 5 1,100 30 6 3(3)(4) (2) no min no max (24) Warehouses P 3 1,100 30 6 3(3)(4) (2) no min no max (25) Wholesale establishments P 3 1,100 30 6 3(3)(4) (2) no min no max Community Service, Municipal, Recreational, Institutional and Other Uses (1) Municipal facilities P 0 no min no min no min no min no min no min no max (2) Parks P 0 no min no min no min no min no min no min no max (3) Public works, excluding sewage lagoons P 0 no min no min no min no min no min no min no max Use Designations: (P) - Permitted Use means a use or form of development allowed as of right in a zoning district, subject to the regulations contained in this Bylaw. (D) - Discretionary Use 99 | P a g e A use or form of development specified in this Bylaw, which may be allowed following application to, and approval of the Council; and which complies with the development standards laid out in Section 6.8.5 and others as required by Council and/or contained in this Bylaw. Special limitation and standards regarding Table 6-9 and the M - Industrial District: (1) the development standards of dwelling units are equivalent to the development standards of the permitted use that the dwelling unit is built in conjunction with (2) 10% of the site depth (3) except in the case of corner sites, in which case 4.5 m is required on the side abutting the flanking street (4) except in the case of abutting a railway, in which case no minimum is required. 6.9.7 Prohibited Uses Any use that is not designated as a permitted or discretionary use Table 6-9 M - Industrial District Development Standards shall be a prohibited use in this district. 100 | P a g e 6.10 PR - PARKS AND RECREATION DISTRICT 6.10.1 Purpose The objective of the PR - Parks and Recreation District is to provide for parks and recreation development and other compatible uses. 6.10.2 Permitted and Discretionary Uses Uses are listed and designated in Table 6-10. 6.10.3 Accessory Uses 1) Accessory buildings and uses shall be permitted subject to Section 4.8. 6.10.4 Standards and Regulations 1) Site and building requirements are shown in Table 6-10. 6.10.5 Standards for Discretionary Uses Council will consider discretionary use applications in the PR - Parks and Recreation District with respect to Section 3.10.3 Discretionary Use - General Evaluation Criteria and to Section 3.10.4 Discretionary Use - Specific Evaluation Criteria and to additional evaluation criteria and development standards that follows in this section. 6.10.6 Exceptions to Development Standards Table 6-10 PR - Parks and Recreation District Development Standards Principal Use Designation Parking Category Subject to Sections Development Standards Minimum Site Area (m²) Minimum Site Width (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Minimum Bldg Floor Area (m²) Maximum Site Coverage (%) Agricultural Uses (1) Intensive agricultural uses, including vegetable and fruit production, and excluding both operations relating D 3 3.10.4 (xvii) 1,000 30 6 3(3)(4) (2) no min no max 101 | P a g e to the raising of livestock and/or other animals, and operations carried on partially or entirely within buildings. Community Service, Municipal, Recreational, Institutional and Other Uses (1) Community centres D 3 3.10.4 (iii) 450 15 6 3 (1) 6 (2) no min no max (2) Cultural institutions D 3 3.10.4 (iii) 450 15 6 no min 6 (2) no min no max (3) Golf courses D 11 3.10.4 (xvi) no min no min no min no min 6 (2) no min no max (4) Municipal facilities P 0 no min no min no min no min no min no min no max (5) Nature interpretation trails and associated facilities P 0 no min no min no min 3 (1) 6 (2) no min no max (6) Public works, excluding sewage lagoons P 0 no min no min no min no min 6 (2) no min no max (7) Public recreation facilities D 11 3.10.4 (iii) no min no min no min 3 (1) 6 (2) no min no max (8) Sports fields, parks and playgrounds P 0 no min no min no min 3 (1) 6 (2) no min no max (9) Tourist information centres and booths D 5 3.10.4 (iii) 225 6 no min 3 (1) 6 (2) no min no max (10) Tourist campgrounds D 5 3.10.4 (iii) 1,000 30 6 3 (1) 6 (2) no min no max (11) Walking, hiking and/or ski trails and associated facilities P 0 no min no min no min 3 (1) 6 (2) no min no max Use Designations: (P) - Permitted Use means a use or form of development allowed as of right in a zoning district, subject to the regulations contained in this Bylaw. (D) - Discretionary Use A use or form of development specified in this Bylaw, which may be allowed following application to, and approval of the Council; and which complies with the development standards laid out in Section 6.9.5 and others as required by Council and/or contained in this Bylaw. Special limitation and standards regarding Table 6-10 and the PR - Parks and Recreation District: (1) or ½ the building height, whichever is greater 102 | P a g e (2) or 10% of the depth of the site, whichever is greater 6.10.7 Prohibited Uses Any use that is not designated as a permitted or discretionary use Table 6-10 PR - Parks and Recreation District Development Standards shall be a prohibited use in this district. 103 | P a g e 6.11 FUD - FUTURE URBAN DEVELOPMENT DISTRICT 6.11.1 Purpose The objective of the FUD - Future Urban Development District is to provide for interim land uses where the future use of the land or the timing of development is uncertain due to issues of servicing, transitional use or market demand. 6.11.2 Permitted and Discretionary Uses Uses are listed and designated in Table 6-11. 6.11.3 Accessory Uses 1) Accessory buildings and uses shall be permitted subject to Section 4.8. 6.11.4 Standards and Regulations 1) Site and building requirements are shown in Table 6-11. 6.11.5 Standards for Discretionary Uses Council will consider discretionary use applications in the FUD - Future Urban Development District with respect to Section 3.10.3 Discretionary Use - General Evaluation Criteria and to Section 3.10.4 Discretionary Use - Specific Evaluation Criteria and to additional evaluation criteria and development standards that follows in this section 1) Discretionary uses in the FUD - Future Urban Development District will only be permitted where Council is assured that such development will be compatible with the future use of the area, as indicated in the Official Community Plan Bylaw. 6.11.6 Exceptions to Development Standards Table 6-11 FUD - Future Urban Development District Development Standards Principal Use Designation Parking Category Subject to Sections Development Standards Minimum Site Area (m²) Minimum Site Width (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Minimum Bldg Floor Area (m²) Maximum Site Coverage (%) Residential Uses (1) Single detached dwelling D 15 3.10.4 (xvii) 450 (1) 15 (2) 6 1.5 (3) 4.5 70 50 Agricultural Uses 104 | P a g e (1) Agricultural uses including crop farming, grazing and pasturage and cultivation of land, but not including intensive livestock or poultry operations P 15 5,000 15 6 6 6 no min no max (2) Nurseries, greenhouses, garden centres and aquaculture D 15 3.10.4 (xxiii) 5,000 15 6 6 6 no min no max (3) Agricultural fair grounds D 15 5,000 15 6 6 6 no min no max Commercial Uses (1) Home based business - Type I P 15 4.11 Same as home (2) Home based business - Type II D 15 4.11 Same as home Community Service, Municipal, Recreational, Institutional and Other Uses (1) Golf courses D 15 3.10.4 (xvi) 5,000 15 6 6 6 no min no max (2) Municipal facilities P 15 no min no min no min no min no min no min no max (3) Public works, excluding sewage lagoons P 15 no min no min no min no min 3 no min no max (4) Radio, television and telecommunications towers and ancillary facilities D 15 no min no min 3 3 3 no min no max (5) Sand and gravel operations D 15 5,000 15 6 6 6 no min no max (6) Sports fields, parks and playgrounds P 15 no min no min no min no min no min no min no max Use Designations: (P) - Permitted Use means a use or form of development allowed as of right in a zoning district, subject to the regulations contained in this Bylaw. (D) - Discretionary Use A use or form of development specified in this Bylaw, which may be allowed following application to, and approval of the Council; and which complies with the development standards laid out in Section 6.10.5 and others as required by Council and/or contained in this Bylaw. 105 | P a g e Special limitation and standards regarding Table 6-11 and the FUD - Future Use Development District: (1) unless site is served by a lane, in which case 360 m² (2) unless site is served by a lane, in which case 12 m (3) except for corner sites, which shall be 3 m along flanking street 6.11.7 Prohibited Uses Any use that is not designated as a permitted or discretionary use Table 6-11 FUD - Future Urban Development District Development Standards shall be a prohibited use in this district. 106 | P a g e 7 EFFECTIVE DATE OF THE BYLAW 1. This bylaw shall come into force and effect on the date of final approval by the Minister of Government Relations. 2. This bylaw repeals Bylaw No. 2011-10 and all subsequent amendments. 3. Adopted by a majority vote of the Council of the Town of Langham this _________ day of ________________, 2018. 4. Council Readings and Adoption: Read a first time this __________ day of _________________, 2018. Read a second time this ___________ day of ____________________, 2018. Read a third time this ____________ day of ___________________, 2018. ____________________________________________ Mayor ____________________________________________ Administrator 107 | P a g e 8 MAPS HIGHWAY 16 HIGHWAY 16 RAILWAY RAILWAY PARK AVENUE NORTH RANGE ROAD 3073 3 STREET WEST RANGE ROAD 3074 2 AVENUE 5 AVENUE 1 AVENUE FINCH CRESENT MAIN STREET WEST 1 STREET WEST 2 STREET WEST 3 STREET EAST 2 STREET EAST FINCH PLACE 1 STREET EAST JAMES STREET MAIN STREET EAST 6 AVENUE RANGE ROAD 3074 BAXTER STREET TOWNSHIP ROAD 392 KING STREET ELEVATOR ROAD PARK AVENUE SOUTH KYLE STREET 23 23 25 13 13 5 5 4 4 18 7 7 8 8 29 25 26 18 18 15 20 19 6 6 15 15 26 29 29 31 33 33 16 16 12 12 28 17 17 24 31 30 16 17 17 17 11 3 3 19 15 27 11 1 1 24 19 20 24 30 22 22 16 16 29 1 20 21 21 20 20 14 14 10 10 2 2 9 9 29 32 32 A 12 MU1 5 16 A 6 D MR4 PR2 C D B D A B 14 N 1 11 10 MB1 18 3 17 2 4 8 F K B Z B B A 8 14 18 B M A G F A D C A 15 19 2 11 LL 7 20 2 17 6 19 PR1 4 5 10 P C AA E C A A 15 9 K 3 L 12 A C AA A C 16 13 7 9 J J D 1 13 Y MR5 º Docum ent Path : S:\6 - GIS\Projects\Lang h am \Lang h am Com m unity Planning \m ap_Lang h am _Zoning 1of3.m x d - toth d - 10/26/2017 LEGEND TOWN OF LANGHAM ZONING R1 - RESIDENTIAL DISCTRICT R2 - RESIDENTIAL DISTRICT R3 - RESIDENTIAL DISTRICT R4 - LOW DENSITY RESIDENTIAL AND MODU LAR HOME DISTRICT CS - COMMU NITY SERVICE DISTRICT C1 - COMMERCIAL DISTRICT C2 - HIGHWAY COMMERCIAL DISTRICT M - INDU STRIAL DISTRICT MU - MIXED U SE DISTRICT PR - PARKS & RECREATION DISTRICT FU D - FU TU RE U RBAN DEVELOPMENT DISTRICT ZONING - OVERALL VIEW SHEET 1 of 3 This is the Zoning District Map - Overall View which accompanies Bylaw Number 2018 - 02 adopted by the Town of Langham. ___________________________________ Mayor ___________________________________ Administrator Approved on the _______ day of ____________, 2018. ____________________________________ Minister of Government Relations 2018-04 RAILW AY PARK AVENUE NORTH RANGE ROAD 3073 3 STREET WEST 4 AVENUE 2 AVENUE 1 AVENUE FINCH CRESENT MAIN STREET WEST 1 STREET WEST 2 STREET WEST 3 STREET EAST 2 STREET EAST FINCH PLACE 1 STREET EAST JAMES STREET MAIN STREET EAST 4 STREET EAST 4 STREET EAST 6 AVENUE RANGE ROAD 3074 BAXTER STREET KING STREET KING STREET ELEVATOR ROAD PARK AVENUE SOUTH KYLE STREET DEKKER STREET 1 17 16 15 14 13 12 11 10 7 6 5 4 3 2 1 24 1 1 2 4 5 7 8 9 10 1 1 2 3 4 5 6 5 7 8 9 10 1 21 2 3 4 5 16 3 1 6 17 18 19 20 21 22 24 7 8 9 10 4 3 2 1 18 8 4 2 1 18 19 20 2 3 4 5 10 9 8 21 7 6 12 13 14 15 16 17 18 19 20 21 6 22 23 27 18 5 6 24 7 8 9 17 10 4 23 12 16 16 3 22 17 15 11 18 21 14 10 20 19 13 12 1 11 2 3 4 5 6 7 8 9 10 7 10 9 8 8 32 9 7 1 2 6 3 4 5 11 10 9 5 8 10 7 6 5 4 4 3 2 3 11 2 1 12 13 10 9 11 12 14 8 13 14 7 15 16 6 17 18 5 19 20 15 4 21 22 3 23 2 1 G F 16 E D C B 30 A E 10 D C B A 9 11 12 8 13 17 14 7 15 16 6 17 5 19 20 4 21 20 22 3 23 24 20 2 25 19 26 18 18 1 27 17 28 16 15 30 14 10 11 12 13 22 14 12 15 16 23 9 17 18 11 19 11 20 10 25 26 12 27 28 29 8 30 31 32 9 33 34 13 35 36 37 38 8 14 7 7 15 16 6 5 17 4 18 5 3 19 2 4 1 21 22 3 23 24 20 2 25 19 26 18 1 21 27 17 28 16 22 29 15 32 30 14 23 13 12 24 11 11 10 12 25 9 13 8 14 34 7 33 6 16 27 5 17 18 28 3 19 2 20 29 1 10 21 9 8 25 24 6 22 23 30 5 4 3 23 2 1 24 24 23 21 20 19 18 17 25 15 14 13 19 12 11 26 18 21 27 17 28 16 22 29 15 32 30 14 2 23 13 12 3 24 11 10 25 9 8 26 7 10 6 27 54 28 32 29 1 7 6 20 11 5 12 19 13 14 15 16 17 18 19 28 17 20 25 26 27 16 28 29 30 31 32 33 31 30 35 15 36 37 38 14 26 13 12 1 11 4 10 9 87 10 6 5 9 11 4 3 8 2 12 1 7 13 6 14 23 23 21 16 4 1 22 3 17 9 23 2 24 24 25 25 20 35 26 11 10 9 8 7 6 5 27 4 3 10 2 1 11 15 2 14 28 13 12 11 12 12 29 A 30 22 B 10 C 29 11 3 17 D 10 13 9 E 8 19 9 7 6 16 10 27 26 14 9 4 4 11 8 12 22 13 14 3 15 16 17 8 18 19 7 20 12 24 25 6 13 1 15 5 15 25 4 A 10 3 7 9 24 B 5 2 8 1 14 14 C 29 7 16 6 14 5 15 6 11 4 16 12 3 15 13 17 13 2 18 6 17 14 1 19 15 20 5 16 17 16 9 11 10 18 9 8 25 7 8 18 6 24 5 12 4 3 2 23 23 1 7 22 13 20 4 6 7 24 22 5 2 23 11 25 17 4 16 3 19 3 17 4 2 28 23 3 27 1 19 5 20 10 8 18 6 10 20 9 7 11 8 2 8 7 9 6 9 14 19 5 21 15 4 16 1 1 3 17 25 18 8 24 22 1 19 22 20 11 2 7 22 12 18 13 14 17 15 15 16 6 7 14 17 13 18 12 19 8 11 20 10 16 4 5 1 1 2 5 3 4 1 4 2 5 2 6 3 7 4 8 3 9 5 3 6 7 2 9 14 4 13 1 33 32 12 8 11 31 5 29 10 28 9 27 8 30 7 20 26 14 13 6 19 1 25 15 12 2 3 4 5 30 21 22 23 24 25 26 27 28 29 30 1 9 21 8 7 6 5 22 4 3 2 1 20 11 12 13 14 15 16 17 23 10 6 5 4 3 2 1 1 2 3 11 4 5 6 7 12 9 CS FUD R2 R2 PR M M FUD FUD FUD FUD CS CS CS CS CS C1 CS CS C2 C2 PR CS CS C2 PR R3 CS R3 R1 R1 R1 R1 R3 R3 R1 R4 23 23 25 13 13 5 5 4 4 18 7 7 8 8 29 25 26 18 18 15 20 19 6 6 15 15 26 29 29 31 33 33 16 16 12 12 28 17 17 24 31 30 16 17 17 17 11 3 3 19 15 27 11 1 1 24 19 20 24 30 22 22 16 16 29 1 20 21 21 20 20 14 14 10 10 2 2 9 9 29 32 32 A 12 MU1 5 16 A 6 D MR4 P R2 C D B D A B 14 N 1 11 10 MB1 18 3 17 2 4 8 F K B Z B B A 8 14 18 B M A G F A D C 15 19 2 11 LL 7 20 2 17 6 19 P R1 4 5 10 P C AA E C A A 15 9 K 3 L 12 A C AA A C 16 13 7 9 J J D 1 13 Y MR5 º Doc um e nt P ath: S:\6 - GIS\P roje c ts\Langham \Langham Com m unity P lanning\m ap_Langham _Zoning2of3.m xd - tothd - 10/26/2017 LEGEND TOW N OF LANGHAM ZONING R1 - RESIDENTIAL DISCTRICT R2 - RESIDENTIAL DISTRICT R3 - RESIDENTIAL DISTRICT R4 - LOW DENSITY RESIDENTIAL AND MODULAR HOME DISTRICT CS - COMMUNITY SERVICE DISTRICT C1 - COMMERCIAL DISTRICT C2 - HIGHW AY COMMERCIAL DISTRICT M - INDUSTRIAL DISTRICT MU- MIXED USE DISTRICT P R - P ARKS & RECREATION DISTRICT FUD - FUTURE URBAN DEVELOP MENT DISTRICT ZONING - INSERT A SHEET 2 of 3 This is the Zoning District Map - Insert A which accompanies Bylaw Number 2018 - 02 adopted by the Town of Langham. ___________________________________ Mayor ___________________________________ Administrator Approved on the _______ day of ____________, 2018. ____________________________________ Minister of Government Relations 2018-04 HIGHW AY 16 RAILW AY PARK AVENUE NORTH RANGE ROAD 3073 3 STREET WEST RANGE ROAD 3074 4 AVENUE 2 AVENUE 1 AVENUE FINCH CRESENT MAIN STREET WEST 1 STREET WEST 2 STREET WEST 3 STREET EAST 2 STREET EAST FINCH PLACE 1 STREET EAST JAMES STREET MAIN STREET EAST 4 STREET EAST 4 STREET EAST 6 AVENUE BAXTER STREET TOWNSHIP ROAD 392 KING STREET KING STREET ELEVATOR ROAD PARK AVENUE SOUTH 1 17 16 15 14 13 12 11 10 7 6 5 4 3 2 1 24 1 1 2 4 5 7 8 9 10 1 1 2 3 4 5 6 5 7 8 9 10 1 21 2 3 4 5 16 3 1 6 17 18 19 20 21 22 24 7 8 9 10 4 3 2 1 18 8 4 2 1 18 19 20 2 3 4 5 10 9 8 21 7 6 12 13 14 15 16 17 18 19 20 21 6 22 23 27 18 5 6 24 7 8 9 17 10 4 23 12 16 16 3 22 17 15 11 18 21 14 10 20 19 13 12 1 11 2 3 4 5 6 7 8 9 10 7 10 9 8 8 32 9 7 1 2 6 3 4 5 11 10 9 5 8 10 7 6 5 4 4 3 2 3 11 2 1 12 13 10 9 11 12 14 8 13 14 7 15 16 6 17 18 5 19 20 15 4 21 22 3 23 2 1 G F 16 E D C B 30 A E 10 D C B A 9 11 12 8 13 17 14 7 15 16 6 17 5 19 20 4 21 20 22 3 23 24 20 2 25 19 26 18 18 1 27 17 28 16 15 30 14 10 13 11 12 13 22 14 12 15 16 23 9 17 18 11 19 11 20 10 25 26 12 27 28 29 8 30 31 32 9 33 34 13 35 36 37 38 8 14 7 7 15 6 16 6 5 17 4 18 5 3 19 2 20 4 1 21 22 3 23 24 20 2 25 19 26 18 1 21 27 17 28 16 22 29 15 32 30 14 23 13 12 24 11 11 10 12 25 9 13 8 14 34 7 33 6 16 27 5 17 18 28 3 19 2 20 29 1 10 21 9 8 25 24 6 22 23 30 5 4 3 23 2 1 24 24 23 21 20 19 18 17 25 15 14 13 19 12 11 26 18 21 27 17 28 16 22 29 15 32 30 14 2 23 13 12 3 24 11 10 25 9 8 26 7 10 6 27 54 28 32 29 1 6 20 11 5 12 19 13 14 15 16 17 18 19 28 17 20 25 26 27 16 28 29 30 31 32 33 31 30 35 15 36 37 38 14 26 13 12 1 11 4 10 9 87 10 65 9 11 43 8 2 12 1 7 13 6 14 23 23 21 16 4 1 22 3 17 9 23 2 24 24 25 25 20 35 26 11 10 9 8 7 6 5 27 4 3 10 2 1 11 15 2 14 28 13 12 11 12 12 29 A 30 22 B 10 C 29 11 3 17 D 10 13 9 E 8 19 9 7 6 16 10 27 26 14 9 4 4 11 8 12 22 13 14 3 15 16 17 8 18 19 7 20 12 24 25 6 13 1 15 5 15 25 4 A 10 3 7 9 24 B 5 2 8 1 14 14 C 29 7 16 6 14 5 15 6 11 4 16 12 3 15 13 17 13 2 18 6 17 14 1 19 15 20 5 16 17 12 16 9 11 10 18 9 8 25 7 8 18 6 24 5 12 4 3 2 23 23 1 7 22 13 20 4 6 7 24 22 5 2 23 11 25 17 4 16 3 19 3 17 4 2 28 23 3 27 1 19 5 20 10 8 18 6 10 20 9 7 8 2 8 7 9 6 9 14 19 5 21 15 4 16 1 1 3 17 25 18 8 24 22 1 19 22 20 11 2 7 22 12 18 13 14 17 15 15 16 6 7 14 17 13 18 12 19 8 11 20 10 16 4 5 1 1 2 5 3 4 1 4 2 5 2 6 3 7 4 8 3 9 5 3 6 7 2 9 14 4 13 1 33 32 12 8 11 31 5 29 10 28 9 27 8 30 7 20 26 14 13 6 19 1 25 15 12 2 3 4 5 30 21 22 23 24 25 26 27 28 29 30 1 9 21 8 7 6 5 22 4 3 2 1 20 11 12 13 14 15 16 17 23 10 6 5 4 3 2 1 1 2 3 11 4 5 6 7 12 9 R2 M M FUD FUD FUD FUD FUD CS CS CS CS CS C1 CS CS C2 C2 PR CS CS C2 PR R3 CS R3 R1 R1 R1 R1 R3 R3 R1 R4 23 23 25 13 13 5 5 4 4 18 7 7 8 8 29 25 26 18 18 15 20 19 6 6 15 15 26 29 29 31 33 33 16 16 12 12 28 17 17 24 31 30 16 17 17 17 11 3 3 19 15 27 11 1 1 24 19 20 30 22 22 16 16 29 1 20 21 21 20 20 14 14 10 10 2 2 9 9 29 32 32 12 MU1 5 A D MR4 P R2 C D B D A B 14 N 1 11 10 MB1 18 3 2 F K B Z B 8 14 B M A G F A D C 2 LL 2 6 19 P R1 4 P C E C A 9 K L A C AA A C 13 7 J J D 1 Y MR5 º Doc um e nt P ath: S:\6 - GIS\P roje c ts\Langham \Langham Com m unity P lanning\m ap_Langham _Zoning3of3.m xd - tothd - 10/26/2017 LEGEND TOW N OF LANGHAM ZONING R1 - RESIDENTIAL DISCTRICT R2 - RESIDENTIAL DISTRICT R3 - RESIDENTIAL DISTRICT R4 - LOW DENSITY RESIDENTIAL AND MODULAR HOME DISTRICT CS - COMMUNITY SERVICE DISTRICT C1 - COMMERCIAL DISTRICT C2 - HIGHW AY COMMERCIAL DISTRICT M - INDUSTRIAL DISTRICT MU- MIXED USE DISTRICT P R - P ARKS & RECREATION DISTRICT FUD - FUTURE URBAN DEVELOP MENT DISTRICT ZONING - INSERT B SHEET 3 of 3 This is the Zoning District Map - Insert B which accompanies Bylaw Number 2018 - 02 adopted by the Town of Langham. ___________________________________ Mayor ___________________________________ Administrator Approved on the _______ day of ____________, 2018. ____________________________________ Minister of Government Relations 2018-04