Bylaw 3/12 - Zoning Bylaw (Office Consolidation incl. amendments to Dec 2014)
Leask, Saskatchewan
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VILLAGE OF LEASK
ZONING BYLAW
No. 3/12
Including Amendments to Dec 2014
Office Consolidation
All persons making use of this consolidation are reminded that it has no legal
status and that the amendments have been embodied for the convenience of
reference only. A certified copy of the Bylaw and amendments should be consulted
for all purposes of interpreting and applying the law.
AMENDMENTS TO THE ZONING BYLAW 3/12
AMENDMENTS
DATE PASSED
Bylaw No. 7/13
June 18, 2014
Bylaw No. 8/13
(Amend Zoning District Map)
June 18, 2014
Bylaw No. 9/13
(Amend Zoning District Map)
June 18, 2014
Bylaw No. 10/13 (Rezoning Agreement)
June 18, 2014
TABLE OF CONTENTS
Section 1
Introduction ..................................................................................... 1
1.1
TITLE ............................................................................................................................... 1
1.2
SCOPE .............................................................................................................................. 1
1.3
SEVERABILITY .............................................................................................................. 1
Section 2
Interpretation ................................................................................... 2
Section 3
Administration ............................................................................... 29
3.1
DEVELOPMENT OFFICER .......................................................................................... 29
3.2
DEVELOPMENT PERMIT ............................................................................................ 29
3.3
DEVELOPMENT PERMIT APPLICATION REQUIREMENTS .................................. 30
3.4
DEVELOPMENT PERMIT APPLICATION PROCESS ............................................... 30
3.5
DEVELOPMENT PERMIT APPLICATION FEES ....................................................... 31
3.6
DEVELOPMENT APPEALS BOARD .......................................................................... 31
3.7
RIGHT OF APPEAL ...................................................................................................... 32
3.8
MINOR VARIANCES.................................................................................................... 32
3.9
NON-CONFORMING USES, BUILDINGS AND SITES ............................................. 33
3.10
DISCRETIONARY USE APPLICATIONS ................................................................... 33
3.11
AMENDING THE ZONING BYLAW ........................................................................... 44
3.12
OFFENSES AND PENALTIES ..................................................................................... 45
Section 4
General Regulations ...................................................................... 46
4.1
LICENCES, PERMITS AND COMPLIANCE WITH OTHER BYLAWS AND
LEGISLATION .............................................................................................................. 46
4.2
BUILDING LINES ......................................................................................................... 46
4.3
NUMBER OF PRINCIPAL BUILDINGS PERMITTED ON A SITE ........................... 46
4.4
HEIGHT RESTRICTIONS ............................................................................................. 46
4.5
VISIBILITY CLEARANCE AT INTERSECTIONS ..................................................... 46
4.6
REQUIRED YARDS AND OPEN SPACE .................................................................... 46
4.7
FENCES ......................................................................................................................... 48
4.8
ACCESSORY BUILDINGS AND STRUCTURES ....................................................... 49
4.9
OFF STREET PARKING AND LOADING ................................................................... 52
4.10
SIGNS ............................................................................................................................. 57
4.11
HOME-BASED BUSINESSES - Type I and Type II ..................................................... 62
4.12
SPECIAL REGULATIONS AND STANDARDS .......................................................... 66
4.13
SERVICING ................................................................................................................... 71
4.14
STORAGE OF MATERIALS AND UNLICENSED OR INOPERATIVE MOTOR
VEHICLES IN RESIDENTIAL DISTRICTS ................................................................. 71
4.15
DEVELOPMENT ON HAZARD LANDS ..................................................................... 72
4.16
BUILDINGS OR USES OCCUPYING MORE THAN ONE LOT ................................ 72
4.17
EXISTING NONCONFORMING BUILDINGS AND SITES ....................................... 72
4.18
FRONTAGE ON ROAD ................................................................................................ 73
4.19
BUILDING TO BE MOVED.......................................................................................... 73
4.20
DEMOLITION OF BUILDINGS ................................................................................... 73
4.21
GRADING AND LEVELLING OF SITES .................................................................... 73
4.22
GARAGE AND YARD SALES ..................................................................................... 73
4.23
WATER .......................................................................................................................... 73
4.24
OUTDOOR WOOD FURNACE .................................................................................... 73
4.25
PROHIBITION OF SPECIES BREEDING .................................................................... 74
Section 5
Zoning Districts .............................................................................. 75
5.1
CLASSIFICATION OF ZONING DISTRICTS ............................................................. 75
5.2
THE ZONING DISTRICT MAP .................................................................................... 75
5.3
BOUNDARIES OF ZONING DISTRICTS .................................................................... 75
5.4
ZONING DISTRICTS .................................................................................................... 76
5.5
PROPERTIES WITH MORE THAN ONE ZONING DISTRICT .................................. 76
Section 6
District Schedules .......................................................................... 77
6.1
R1 - LOW DENSITY RESIDENTIAL DISTRICT ........................................................ 77
6.2
R2 - MEDIUM DENSITY RESIDENTIAL DISTRICT ................................................. 80
6.3
RMH - MOBILE HOME RESIDENTIAL DISTRICT ................................................... 84
6.4
CS - COMMUNITY SERVICE DISTRICT ................................................................... 87
6.5
C1 - COMMUNITY CENTRE COMMERCIAL DISTRICT ......................................... 91
6.6
C2 - HIGHWAY COMMERCIAL DISTRICT ............................................................... 95
6.7
MU - MIXED USE DISTRICT....................................................................................... 99
6.8
M - INDUSTRIAL DISTRICT ..................................................................................... 104
6.9
PR - PARKS AND RECREATION DISTRICT ........................................................... 108
6.10
FUD - FUTURE URBAN DEVELOPMENT DISTRICT ............................................ 110
Section 7
Maps ............................................................................................. 113
LIST OF TABLES
Table 4-1
Parking And Loading Space Dimension Requirements.....................................................54
Table 4-7
Sign Regulations In Parks And Recreation, Future Urban Development And Residential
Districts ..............................................................................................................................59
Table 4-8
Sign Regulations In Community Service And Mixed Use Districts..................................60
Table 4-9
Sign Regulations In Commercial And Industrial Districts ................................................61
Table 6-1
R1 - Low Density Residential District Development Standards .......................................78
Table 6-2
R2 - Medium Density Residential District Development Standards .................................81
Table 6-3
RMH - Mobile Home Residential Development Standards ..............................................85
Table 6-4
CS - Community Service District Development Standards ...............................................88
Table 6-5
C1 - Community Centre Commercial Development Standards .........................................92
Table 6-6
C2 - Highway Commercial District Development Standards ............................................96
Table 6-7
MU - Mixed Use District Development Standards ..........................................................101
Table 6-8
M - Industrial District Development Standards ...............................................................106
Table 6-9
PR - Parks And Recreation District Development Standards ..........................................109
Table 6-10
FUD - Future Urban Development District Development Standards ..............................111
1
SECTION 1 INTRODUCTION
Under the authority of The Planning and Development Act, 2007, (The Act) and Bylaw No. 2/12,
the Official Community Plan of the Village of Leask, the Council of the Village of Leask in the
Province of Saskatchewan, in open meeting, hereby enact as follows:
1.1
TITLE
This Bylaw shall be known and may be cited as the Zoning Bylaw of the Village of
Leask.
1.2
SCOPE
Development shall be permitted within the limits of the Village of Leask only when in
conformity with the provisions of this Bylaw subject to the right of appeal provisions of
the Act.
1.3
SEVERABILITY
If any section, clause or provision of this Bylaw, including anything shown on the Zoning
District Map, is for any reason declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the Bylaw as a whole or in part,
other than the section, clause, provision or anything shown on the Zoning District Map,
declared to be invalid.
2
SECTION 2 INTERPRETATION
Whenever in this Bylaw the following words or terms are used, they shall, unless the context
otherwise provides, be held to have the following meaning:
Accessory Building or Use - Shall mean a building or use which:
(a)
is subordinate to and serves the principal building or principal use;
(b)
is subordinate in area, extent, and purpose to the principal building or principal 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 Village of Leask.
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 licence issued
pursuant to The Ambulance Act and having a current contract with the Regional Health
Authority.
Ancillary Use - Shall mean a use that is secondary and subordinate in size, extent and purpose to
the principal use on the same site, but is not necessary for the operation of the principal use on
that site.
Animal Hospital - Shall mean a place used for the care and treatment of small and large
animals involving out-patient care, medical procedures involving hospitalization, and the
keeping of animals in outdoor pens.
3
Apartment House - Shall mean a building divided into three (3) or more dwelling units as
herein defined, each of which is occupied or intended to be occupied as a permanent home or
residence, as distinct from a hotel or motel.
Bare Land Condominium - Shall mean a condominium divided into bare land units as defined
in The Condominium Property Act, 1993.
Bare Land Unit - Shall mean a bare land unit as defined within The Condominium Property Act,
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 Village of Leask 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.
Building Permit - Shall mean a permit issued under a Building Bylaw of the Village of Leask
authorizing the construction of all or part of a building or structure.
Building, Principal - Shall mean the building in which is conducted the main or primary use of
the site on which said building is situated. Insert Figure 2-1
4
Building Rear Line - Shall mean the line of the wall of the building or any projecting portion of
the building and production thereof excluding permitted obstructions which faces the rear site
line.
Building Side Line - Shall mean the line of the wall of the building, or any projecting portion of
the building and production thereof excluding permitted obstructions, which faces the side site
line.
Carport - Shall mean a roofed enclosure for the parking of a motor vehicle or motor vehicles
which has less than 60% of the total perimeter enclosed by walls, doors or windows and is
attached to a principal building.
Car Wash - Shall mean a building or portion of a building which is used for the washing of
vehicles, including full service, automatic and hand operated facilities.
Cemetery - Shall mean property used for the internment of the dead and may include facilities
for the storage of ashes of human remains that have been cremated.
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 Village of Leask.
Cultural Institution - Shall mean an establishment such as a museum, art gallery, library and
similar facilities of historical, educational or cultural interest.
5
Custodial Care Facility - Shall mean either:
(a)
a facility for the temporary detention or open custody of persons pursuant to the
provisions of The Youth Criminal Justice Act (Canada) or The Summary Offences
Procedure Act, 1990 (Saskatchewan); or,
(b)
a facility for the accommodation of persons participating in a community training
program pursuant to The Correctional Services Act.
in which the number of persons in detention, custody or residence does not exceed five.
Day Care Centre - Shall mean a facility for the non-parental care of over four (4) preschool age
children on a daily basis and licensed under The Child Care Act.
Deck - Shall mean a raised open platform, with or without rails, attached to a principal building.
Development - Shall mean the carrying out of any building, engineering, mining or other
operations in, on, or over land, or the making of any material change in the use or intensity of use
of any building or land.
Development Permit - Shall mean a document authorizing a development, issued pursuant to
this Zoning Bylaw.
Discretionary Use - Shall mean a use or form of development that may be allowed in a zoning
district following application to, and approval of the Council; and which complies with the
development standards, as required by Council, contained in this Bylaw.
Dwelling - Shall mean a building used or intended for residential occupancy.
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 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 building divided into three or more
dwelling units, with a common wall dividing the dwelling units throughout at least 40% of the
depth of the entire structure, measured from the front to the rear building lines.
Dwelling, Semi-Detached - Shall mean a dwelling unit on its own site, with a common wall
dividing the two dwelling units through at least 30% of the depth of the entire structure,
measured from the front to the rear building lines.
6
Dwelling, Single Detached - Shall mean a detached building consisting of one dwelling unit as
herein defined, but shall not include a mobile home or modular home as herein defined.
Dwelling, Street Townhouse - Shall mean a dwelling unit on its own site, attached to two or
more other dwelling units, each on their own sites, with a common wall dividing the dwelling
units throughout at least 40% of the depth of the entire structure, measured from the front to the
rear building lines.
Dwelling, Two-Unit - Shall mean a detached building divided into two dwelling units.
Dwelling Unit - Shall mean a separate set of living quarters, whether occupied or not, usually
containing sleeping facilities, sanitary facilities and a kitchen or kitchen components. For the
purposes of this definition, "kitchen components" include, but are not limited to, cabinets,
refrigerators, sinks, stoves, ovens, microwave ovens or other cooking appliances and kitchen
tables and chairs.
Educational Institution - Shall mean a post-secondary college, university or technical
institution, but shall not include a private school.
Efficiency Unit - Shall mean a dwelling unit in a multiple unit dwelling that contains no
bedroom separate from a living room or living-dining room.
Estimated Peak Water Level (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.
Face Area, Total Sign - Shall mean the total amount of sign face area on a sign including all
sides. Insert Figure 2-2
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.
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.
7
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 metre;
(b)
flow velocities are less than 1.0 metre per second; and
(c)
encroachment (fill) into the flood fringe would raise upstream water levels by less
than 0.3 metres.
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:
(a)
depth of inundation above natural ground is more than 1.0 metre;
(b)
flow velocities are greater than 1.0 metre per second; and
(c)
encroachment (fill) into the flood fringe would raise upstream water levels by
more than 0.3 metres
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.
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
8
where no repair facilities are maintained.
Garage Suite - An accessory dwelling located above a detached garage; or a single storey
accessory dwelling attached to the side or rear of a detached garage. A garage suite is accessory
to a building in which the principal use is a single detached residential dwelling. A garage suite
has cooking, food preparation, sleeping and sanitary facilities which are separate from those of
the principal dwelling on the site. A garage suite has an entrance separate from the vehicle
entrance of the detached garage, either from a common indoor landing or directly from the
exterior structure.
Garden Suite - A single-storey accessory dwelling, which is located in a building separate from
the principal building on the site which is used as a single detached residential dwelling. A
garden suite has cooking, food preparation, sleeping, and sanitary facilities which are separate
from those of the principal dwelling on the site.
Gas Bar - Shall mean a building or facility used for the retail sale of motor vehicle fuels from
fixed pumps.
Grade Level - Shall mean the average level of the finished surface of the ground adjacent to the
exterior walls of the building or structure. In the case of one-unit dwellings, two-unit dwellings
and semi-detached dwellings with a walk-out basement, grade level shall be the average
elevation of the finished surface of the ground adjacent to the side walls of the building.
Hazard Land - Shall mean land which is subject to flooding, ponding, subsidence, landslides or
erosion.
Hazardous Material - Shall mean any product, substance or organism which, because of its
quantity, concentration or risk of spill, or its physical, chemical or infectious characteristics,
either individually or in combination with other substances, is an existing or potential threat to
the physical environment, to human health or to living organisms, including but not limited to:
(a)
Corrosives;
(b)
Explosives;
(c)
Flammable and combustible liquids;
(d)
Flammable solids; substances liable to spontaneous combustion; substances that on
contact with water emit flammable gases;
(e)
Gases, compressed, deeply refrigerated, liquified or dissolved under pressure;
(f)
Oxidizing substances; organic peroxides;
(g)
Poisonous (toxic) or infectious substances;
(h)
Radioactive materials;
(i)
Waste Dangerous Materials; and/or,
(j)
Any other environmentally hazardous substance.
9
Health Care Clinic - Shall mean a facility or institution engaged in the provision of services for
health maintenance, diagnosis or treatment of human pain, injury or other physical condition on
an out-patient basis.
Home Based Business - Shall mean an accessory use of a dwelling unit by a resident of the
dwelling for a business which is secondary and incidental to the primary use of the dwelling as a
residence, and does not change the residential character of the buildings or site.
Home Based Business - Type I - Shall mean a home based business owned and operated by a
resident or residents of the dwelling unit.
Home Based Business - Type II - Shall mean a home based business owned and operated by a
resident or residents of the dwelling unit, but where no more than one non-resident person may
be employed on the site.
Hotel - Shall mean a building or part of a building used as a place for sleeping accommodation
with or without meals, and which may have a licensed beverage room, but does not include a
motel.
Intersection - Shall mean an area where two or more streets or lanes meet or cross at grade.
Junk and Salvage Yards - Shall mean uses including, but not limited to, uses involved in
salvaging, storing or selling scrap metal, paper, plastic, glass, wood and other waste material, as
well as unlicensed vehicles and used vehicle parts.
Kennel, Boarding - Shall mean the temporary accommodation of dogs, cats or other domestic
animals for commercial purposes.
Kennel, Breeding - Shall mean the keeping of more than four dogs, cats or other domestic
animals, male and female, and which are more than 12 months old, for breeding purposes.
Landscaping - Shall mean the changing, rearranging, or adding to the original vegetation of a
site, including site grading, addition of topsoil, grass, trees, plants, sidewalks and other natural or
decorative features.
Lane - Shall mean a public highway vested in the Crown as a secondary level of access to a lot
or parcel of land.
Light Manufacturing - Shall mean a light industrial use where all processing, fabricating,
assembly, or disassembly of items takes place wholly within an enclosed building, including, but
not limited to apparel, food, drapes, clothing accessories, bedspreads, decorations, artificial
plants, jewellery, instruments, computers, electronic devices.
Linear Park - Shall mean dedicated land developed in a linear fashion, between 15 and 35
metres in width, intended to facilitate pedestrian and cycling transportation, and may also
facilitate the management of storm water.
10
Loading Space - Shall mean a space, measuring at least 3.0 metres in width and 7.5 metres in
depth, located on a site, and having access to a street or lane, in which a vehicle may park to load
or unload goods.
Lot - Shall mean an area of land with fixed boundaries and which is of record with the
Information Services Corporation by Certificate of Title.
Lounge - Shall mean a room or area adjoining a restaurant that permits the sale of beer, wine or
spirits for consumption on the premises, with or without food, and where no entertainment or
dance floor is permitted, either in the lounge or in the restaurant attached to the lounge.
Mall - Shall mean a single story commercial building in which, up to six (6) permitted or
discretionary commercial uses are located together for their mutual benefit, each use having a
separate entrance to the outside.
Mayor - Shall mean the Mayor of the Village of Leask.
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 and amendments thereto.
Mobile Home Court - Shall mean any parcel of land on which two or more occupied mobile
homes are located and includes any structure used or intended to be used as part of the
equipment of such mobile home court.
Mobile Home, Double Wide - Shall mean a mobile home consisting of two sections, separately
towable, but designed to be joined together into one building.
11
Mobile Home, Single Wide - Shall mean a mobile home designed to be towed as a single load
and less than 6.09 metres wide.
Mobile Home Site - Shall mean an area of land in a mobile home court for the placement of a
mobile home.
Mobile Home Subdivision - Shall mean any residential subdivision of land containing lots
under either freehold or leasehold tenure for the purpose of accommodating mobile homes in
such a manner that each mobile home is situated on its own lot and in which all such lots, public
open spaces, internal streets and lanes, buffer zones and other amenity areas form a contiguous
area of development.
Modular Unit - Shall mean a factory built frame or shell which comprises supporting and non-
supporting walls, siding and other components of a prefabricated home representing only a
section of a dwelling and has neither chassis, running gear nor its own wheels.
Modular Home - Shall mean a factory built home that is manufactured on as a whole or
modular unit and is designed to be moved on removable chassis to be used as a one unit
dwelling, and is certified by the manufacturer that it complies with the Canadian Standards
Association Code CSA - A277 standard.
Modular Home, Single Wide - Shall mean a modular home that is designed to be moved and
placed onto a permanent foundation as a whole unit in a single load and which is less than 5
metres in width.
Modular Home, Double Wide - Shall mean a modular home that is designed to be moved and
placed onto a permanent foundation in two or more modular units that, when joined together
exceed 8 metres in width.
Motel - Shall mean an establishment consisting of a group of attached or detached living or
sleeping accommodations each with a bathroom, located on a lot or site and designed for use by
the public, and may include a restaurant or licensed dining room.
Municipal Facility - Shall mean land and/or structures owned by the Municipality including, but
not limited to, land and/or structures used for the following:
(a)
Office and/or meeting space;
(b)
Storage of municipal equipment and/or supplies;
(c)
Recreation; and/or
(d)
Other institutional purposes.
Municipality - Shall mean the Village of Leask.
12
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 Village of Leask.
Outdoor Wood Furnace - Shall mean any equipment, device, appliance or apparatus, or any
part thereof, that is installed, affixed or situated outdoors for the primary purpose of combustion
of fuel to produce heat or energy used as a component of a heating system providing heat for any
interior space or water source. An outdoor wood furnace may also be referred to as an Outdoor
Wood Boiler or Outdoor Wood-fired Hydronic Heater.
Park Model Home - A manufactured building used or intended to be used as a building of
residential occupancy designed and constructed in conformance with CAN/CSA-Z241, Park
Model Trailers. Park Model Home shall be two years old or newer at time of Development
Application.
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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.
Parking Space, Vehicle - Shall mean a space within a building or parking lot for the parking of
one vehicle and which has access to a developed street or lane, having minimum dimensions of
2.7 metres wide by 6.7 metres deep with direct lane access; 3.0 metres wide by 6.7 metres deep
for a parallel space; and 2.7 metres wide by 6.0 metres deep for all other.
Permitted Use - Shall mean any use or form of development, other than a discretionary use,
specifically allowed in a zoning district subject to the regulations applicable to that zoning
district.
Personal Care Home - Shall mean a facility licensed under the Personal Care Homes Act that
provides long term residential, social and personal care, including accommodation, meals,
supervision or assistance for persons who have some limits on ability for self-care, and are
unrelated to the operator or owner.
Personal Service Shops - Shall mean establishments engaged in providing the care of a person
or their apparel, which include barber shops, hairstyle salons, laundries, dry cleaners, shoe repair,
photographic studios and other similar uses.
Photography Studio - Shall mean a place used for portrait or commercial photography,
including the developing and processing of film, and the repair or maintenance of photographic
equipment.
Place of Worship - Shall mean a place used for worship and related religious, philanthropic or
social activities and includes accessory rectories, manses, meeting rooms and other buildings.
Typical uses include churches, chapels, mosques, temples, synagogues and parish halls.
Preschool - Shall mean a facility which provides a program for preschool aged children.
Public Hospital - Shall mean a hospital operated by the Regional Health Authority.
Public Utility - Shall mean a government, municipality or corporation under Federal or
Provincial statute which operates a public work.
Public Work - Shall include:
(a)
systems for the production, distribution or transmission of electricity;
(b)
systems for the distribution, storage or transmission of natural gas or oil;
(c)
facilities for the storage, transmission, treatment, distribution or supply of water; and/or,
(d)
facilities for the collection, treatment, movement or disposal of sanitary sewage.
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(e)
telephone, internet, cable television or light distribution or transmission lines; and,
(f)
facilities for the collection, storage, movement and disposal of storm drainage.
Recreational Facility, Commercial - Shall mean a recreation or amusement facility operated as
a business and open to the general public for a fee.
Recreational Facility, Public - Shall mean a recreation or amusement facility operated by the
province, municipality, or a non-profit organization and open to the general public.
Recreation Vehicle - Shall mean a unit intended to provide temporary living accommodation for
campers or travellers; built as part of, or to be towed by, a motor vehicle; and includes truck
campers, motor homes, tent trailers and travel trailers.
Recycling Collection Depot - Shall mean a building or structure used for collection and
temporary storage of recyclable household material such as bottles, cans, plastic containers and
paper. The following shall not be allowed at a recycling collection depot:
(a)
processing of recyclable material other than compaction;
(b)
collection and storage of paints, oil, solvents or other hazardous material(s); nor,
(c)
outdoor compaction.
Residential Care Facility - Shall mean a licensed or approved group care facility governed by
Provincial regulations that provides, in a residential setting, 24 hour care of persons in need of
personal services, supervision or assistance essential for sustaining the activities of daily living
or for the protection of the individual.
Residential Care Facility - Type I - Shall mean a residential care facility in which the number
of residents, excluding staff, does not exceed four.
Residential Care Facility - Type II - Shall mean a residential care facility in which the number
of residents, excluding staff, is more than four.
Restaurant - Shall mean a place where food and beverages are prepared and served to patrons
seated at tables or counters, in a motor vehicle on the premises, or for off-site consumption, and
may include a drive-through service window.
Retail Store - Shall mean a place where goods, wares, or merchandise are offered for sale or
rent, and may include the manufacturing of products to be sold on site, provided the gross floor
area used for manufacturing does not exceed 25% of the gross floor area of the retail store.
Rooming House - Shall mean a building that contains more than one rooming unit, including a
boarding or lodging house.
Rooming Unit - Shall mean a room or rooms for accommodation, other than a dwelling unit or
other form of accommodation defined elsewhere defined elsewhere in this Bylaw, with sleeping
facilities but without private toilet facilities.
15
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 (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. A private school may include accessory
dwelling units or rooming units for students enrolled in and attending said private school.
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.
Secondary Suite - A dwelling located within and accessory to a building in which the principal
use is for a single detached residential dwelling. A secondary suite has cooking, food
preparation, sleeping, and sanitary facilities which are separate from those of the principal
dwelling within the building. A secondary suite has an entrance separate from the entrance to
the principal dwelling; either from a common indoor landing or directly from the side or rear of
the building.
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).
16
Sign - Shall mean any device, letters, figures, symbols, emblems, or pictures which are affixed
to, or represented directly or indirectly upon a building or structure, which identify or advertise
any object, product, place, activity, person, organization or business; and which is visible on a
street or public thoroughfare.
Sign, Awning - Shall mean a sign made from canvas, plastic or similar non-rigid material
affixed to a frame and attached to a building wall (refer to Figure 2-4(a)).
Sign, Canopy - Shall mean a sign consisting of a rigid, multi-sided structure supported by
columns or posts embedded in the ground (refer to Figure 2-4(b)).
Sign, Directional / Information - Shall mean a sign giving directions, instructions or facility
information but not including any advertising copy.
Sign, Fascia - Shall mean a sign fastened to or painted on the wall of a building or structure in
such a manner that the wall becomes the supporting structure for, or forms the background
surface of the sign, and which does not project more than 0.25 metres from such building or
structure.
Sign, Free-Standing - Shall mean a non-movable sign, not affixed to a building, and which is
supported by a pole or similar structure.
Sign, Marquee - Shall mean a sign that is mounted or painted on, or attached to an awning,
canopy or marquee.
Sign, Portable - Shall mean a portable, free-standing sign, mounted on a wide based frame, with
a single sign face area no greater than 6.0 m2, which can be readily moved or transported to
various locations (refer to Figure 2-4(c)).
Sign, Projecting - Shall mean a sign which is wholly or partially dependent upon a building for
support and which projects more than 0.25 metres beyond the wall of the building (refer to
Figure 2-4(d)).
Sign, Roof - Shall mean a sign that is mounted on the roof of a building, or which is wholly
dependent upon a building for support and which projects above the point of a building with a
flat roof, the eave line of a building with a gambrel, gable or hip roof or the deck line of a
building with a mansard roof.
Sign, Temporary - Shall mean a removable sign erected for a period of time not exceeding six
months.
Site - Shall mean one or more contiguous lots under one ownership and used, or intended to be
used, by a single principal use or principal building.
Site, Corner - Shall mean a site at the intersection of two or more streets (refer to Figure 2-5).
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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.
Insert Figure 2-3
Insert Figure 2-4(a)
Insert Figure 2-4(b)
Insert Figure 2-4(c)
Insert Figure 2-4(d)
Insert Figure 2-5
Insert Figure 2-6
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.
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Tavern - Shall mean a building or portion thereof where beer, wine, or spirits are served to
patrons for consumption on the premises, with or without food, and where no entertainment or
dance floor is permitted.
Temporary Building - Shall mean a building under 34 square metres in floor area without a
foundation or footing, and that is to be removed upon expiration of a designated time period.
Temporary Use - Shall mean a use established for a fixed period of time and that is to be
discontinued upon the expiration of the time period specified for that use.
Temporary Work Camp - A residential complex which is used to house workers on a
temporary basis and typically includes dwelling units or rooming units which provide sleeping,
eating and other basic living facilities
Terrace - Shall mean a level, artificially surfaced area adjacent to a principal building, not
covered by a roof, at or within 0.6 metres of the finished grade; including patios.
Theatre - Shall mean a place devoted to showing motion pictures or dramatic, dance, musical or
other live performances.
Tourist Campground - Shall mean a tract or parcel of land which provides for the location of
tents or recreation vehicles used by travellers and tourists for overnight accommodation.
Townhouse - Shall mean a dwelling, designed as one cohesive building in terms of architectural
design, which contains three (3) 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.
Trailer Coach - Shall mean any vehicle used or constructed in such a way as to enable it to be
used as a conveyance upon public streets or highways and includes a self-propelled or non-self-
propelled vehicle designed, constructed or reconstructed in such a manner as to permit the
occupancy thereof as a dwelling or sleeping place for one or more persons notwithstanding that
its running gear is removed or that it is jacked up.
Use - Shall mean the purpose or activity for which a piece of land, or its building is designed,
arranged, intended, occupied or maintained.
Use, General Industrial - Shall mean any of the following activities:
(a)
the processing of raw or finished materials;
(b)
the manufacturing of assembly of goods, products or equipment;
(c)
the cleaning, servicing, repairing or testing of materials, goods and equipment normally
associated with industrial or commercial businesses or cleaning, servicing and repair
operations to goods and equipment associated with personal or household use, where
such operations have impacts that would make them incompatible with non-industrial
development;
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(d)
the storage or transshipping of materials, goods and equipment, including warehouses;
(e)
the training of personnel in general industrial operations; and/or,
(f)
indoor display, office, technical or administrative support areas or any sales operation
accessory to the general industrial use.
Veterinary Clinic - Shall mean a place for the care and treatment of small animals involving
outpatient care and medical procedures involving hospitalization, but shall not include the
keeping of animals in outdoor pens.
Village - Shall mean the Village of Leask.
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.
Yard, Required - Shall mean a yard or yards required by this Bylaw and within which, unless
specifically permitted, no building or structure, or part of a building or structure shall be erected.
Yard, Side - Shall mean the area between the front and rear yards and between the side site line
and the side building line.
Zoning District - Shall mean a specifically delineated area of the municipality within which
certain uniform requirements and regulations or various combinations thereof govern the use,
placement, spacing and size of land and structures.
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SECTION 3 ADMINISTRATION
3.1
DEVELOPMENT OFFICER
3.1.1 The Development Officer shall administer this Bylaw.
3.1.2 The Development Officer shall be the Administrator of the Village of Leask and
any other person authorized, in writing, by the Administrator to act as a
Development Officer for the purposes of this Bylaw and The Act.
3.2
DEVELOPMENT PERMIT
3.2.1 Except as provided in Section 3.2.2 no person shall undertake a development or
commence a use unless a development permit has first been obtained. A
Development Permit cannot be issued in contravention of any of the provisions of
this Bylaw subject to Sections 213 to 232 of The Act.
3.2.2 A development permit is not required for the following, but all other applicable
provisions of this Bylaw are to be followed for:
(1)
the maintenance of a public work by the municipality or a public utility;
(2)
the construction of a public work by the municipality;
(3)
the installation of a public work on any street or other public right-of-way
by the municipality;
(4)
maintenance and repairs that do not include structural alterations; and
(5)
accessory buildings under 9.3 square metres in area.
3.2.3 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.
3.2.4 A building permit shall not be issued unless a development permit, where
required, has been granted. If a development permit is deemed void, a new
building permit or sign permit is required in conjunction with the issuance of a
replacement development permit.
3.2.5 An application for a development permit shall be processed concurrently with an
application for a sign permit. The development permit shall take the form of a
stamp affixed to the required sign permit.
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3.3
DEVELOPMENT PERMIT APPLICATION REQUIREMENTS
3.3.1 Except in the case of applications for a sign permit, a portable sign license or a
home based business, every application for a development permit shall be
accompanied by the following:
(1)
the names, addresses and telephone numbers of the applicant, property
owner and person or consultant who prepared the plans being submitted,
including a local contact person.
(2)
the proposed use of the site or building to be constructed, or the proposed
use of the existing building floor area to be altered or occupied, including
the area of the proposed building or renovations.
(3)
the complete legal description and civic address of the subject property.
(4)
two copies of a site plan, drawn to scale with appropriate dimensions,
showing the following information:
(a)
north arrow, streets and lanes adjacent to the site, key plan
showing nearby lot patterns, all property boundaries, identified
frontage of site, site area, site elevations and the location of any
existing buildings, structures, utility poles and wires, fire hydrants,
underground utilities, easements, building encroachments, and the
type and location of existing trees;
(b)
the location and size of proposed buildings or structures, including
all front, side and rear yard setback dimensions and the location of
all doorways, walkways and pedestrian circulation areas; 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.
(5)
two copies of scaled plans, showing the dimensioned floor plans and
elevations, including both interior and exterior wall and floor dimensions
and room areas and dimensions.
3.3.2 The Development Officer may require the submission of documentation relating
to the requirements of Section 4.15 of this Bylaw, where relevant.
3.4
DEVELOPMENT PERMIT APPLICATION PROCESS
3.4.1 Applications for a development permit shall be submitted to the Development
Officer in accordance with the requirements of this Bylaw.
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3.4.2 The Development Officer shall issue a development permit for a development that
complies in all respects with the requirements of this Bylaw, the Official
Community Plan and The Act.
3.4.3 Where an application is made for a development permit with respect to a
development for a discretionary use which has been approved by Council, the
Development Officer shall issue a development permit subject to any specified
development standards and time limits prescribed by Council pursuant to Section
56(1)(c) and (d) of The Act.
3.4.4 Every decision of the Development Officer with respect to an application for a
development permit shall be in writing and a copy of the decision shall be sent to
the applicant.
3.4.5 The Development Officer may revoke a development permit where:
(1)
the development permit has been issued in error;
(2)
an approved development for a permitted use is not being developed in
accordance with the provisions of this Bylaw, or in accordance with the
standards and conditions specified in the development permit;
(3)
the approval of a proposed development for a discretionary use is deemed
to be invalid; or,
(4)
a development is subject to an agreement which has been cancelled by
Council pursuant to Sections 65 or 69 of The Act.
3.4.6 The Development Officer shall give the reasons for denying or revoking a
development permit.
3.5
DEVELOPMENT PERMIT APPLICATION FEES
3.5.1 An applicant seeking the approval of a development permit application shall pay a
fee of $50.00.
3.5.2 There shall be no development permit application fee for sign permits. Sign
permit fees are set out in Section 4.10.4 of this Bylaw.
3.6
DEVELOPMENT APPEALS BOARD
3.6.1 A Development Appeals Board of the Village of Leask shall be appointed in
accordance with Sections 213 to 227 of The Act.
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3.7
RIGHT OF APPEAL
3.7.1 Where an application for a PERMITTED USE has been REFUSED, the applicant
shall be advised of the right of appeal to the Development Appeals Board of the
Village of Leask.
3.7.2 Where an application for a DISCRETIONARY USE has been APPROVED by
Council, WITH PRESCRIBED SPECIAL DEVELOPMENT STANDARDS
pursuant to this Bylaw, the applicant shall be advised that any development
standards considered excessive, may be appealed to the Development Appeals
Board of the Village of Leask.
3.7.3 Where an application for a DISCRETIONARY USE has been REFUSED by
Council, the applicant shall be advised that there is no appeal pursuant to Section
219(2) of The Act.
3.7.4 An application for a Development Permit for a PERMITTED USE shall be
deemed to be refused when a decision thereon is not made within 40 days after
the receipt of the application in its complete and final form by the Development
Officer, and an appeal may be made as provided in Section 3.7.2 as though the
application had been refused at the end of the period specified in this subsection.
3.7.5 Where a person wishes to appeal to the Board, he/she shall file written notice of
his/her intention to appeal with the secretary of the Board, together with a sum of
not more than $50.00 that the Board may specify to be applied to the expenses of
the appeal.
3.8
MINOR VARIANCES
3.8.1 The Development Officer may grant a variance of up to 10% of any yard
requirement or minimum required distances between buildings for a use that is a
permitted or discretionary use as specified in this Bylaw. All such variances shall
be subject to the conditions and granted in accordance with the procedures
contained in Section 60 of The Act.
3.8.2 The Development Officer shall maintain a registry of the location and all relevant
details of the granting of such variances.
3.8.3 An application for a minor variance shall be in a form prescribed by the
Development Officer and shall be accompanied by an application fee of $50.00.
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3.9
NON-CONFORMING USES, BUILDINGS AND SITES
3.9.1 Non-conforming uses, non-conforming buildings and non-conforming sites shall
be subject to Sections 88 - 93 inclusive of The Act.
3.9.2 No existing building, site or use shall be deemed to be non-conforming by reason
only of the conversion from the Imperial System of Measurement to the
International System of Units (S.I.) where such nonconformity results solely from
such conversion and is reasonably equivalent to the S.I. standard herein
established.
3.10 DISCRETIONARY USE APPLICATIONS
3.10.1 Discretionary Use Application Fees
(1)
An applicant seeking a discretionary use approval shall pay the following
fees:
(a)
an application fee of $100.00 (for a discretionary principal use).
The application fee relates to application for both discretionary use
approval and issuance of a development permit.
(2)
An applicant seeking the renewal of a discretionary use that was
previously approved by Council for a limited time shall pay the following
fees:
(a)
an application fee of $100.00.
3.10.2 Discretionary Use Application Process
(1)
The following procedures shall apply to discretionary use applications:
(a)
Applicants must file with the Development Officer a development
permit application, a site plan, any other plans and information as
required by the Development Officer and pay the required
application 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
25
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 metres
of the boundary of the applicant's land. The Development Officer
will prepare on-site notification posters which must be placed on
the site by the Development Officer and must remain on the site
until the application is considered by Council;
(f)
Council shall consider the application together with the report of
the Development Officer, and any written or verbal submissions
received by Council;
(g)
Council may reject the application or approve the application with
or without conditions, including a condition limiting the length of
time that the use may be conducted on the site; 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.
(2)
Discretionary uses, discretionary forms of development, and associated
accessory uses are subject to the development standards and applicable
provisions of the zoning district in which they are located. In approving
any discretionary use to minimize land use conflict, Council may prescribe
specific development standards related to:
(a)
site drainage of storm water;
(b)
the location of buildings with respect to buildings on adjacent
properties;
(c)
access to, number and location of parking and loading facilities
including adequate access and circulation for pedestrian and
vehicle traffic;
(d)
appropriate space for vehicle line ups for drive through
commercial facilities in order to reduce disruption of traffic flows
on adjacent roadways;
(e)
control of noise, glare, dust and odour;
(f)
landscaping, screening and fencing and preservation of existing
vegetation to buffer adjacent properties; and/or,
26
(g)
the size, shape and arrangement of buildings, and the placement
and arrangement of lighting and signs.
(3)
Council's approval of a discretionary use application is valid for a period
of 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.
(4)
If an approved discretionary use or form of development ceases to operate
for a period of six (6) months or more, the discretionary use approval shall
no longer be valid. The Development Officer shall advise the owner and
Council when a prior approval is no longer valid.
3.10.3 General Discretionary Use Evaluation Criteria
Council will apply the following general criteria and, where applicable, the Use-
Specific Criteria in Section 3.10.4, in the assessment of the suitability of an
application for a discretionary use or discretionary form of development.
(1)
The proposal must be in conformance with all relevant sections of the
Official Community Plan and must demonstrate that it will maintain the
character, density and purpose of the zoning district, where necessary
through the provision of buffer areas, separation and screening.
(2)
The proposal must be capable of being economically serviced by
community infrastructure including roadways, water and sewer services,
solid waste disposal, parks, schools, and other utilities and community
facilities.
(3)
The proposal must demonstrate that it is not detrimental to the health,
safety, convenience or general welfare of persons residing or working in
the vicinity or injurious to property, improvements or potential
development in the vicinity.
(4)
The proposal must provide sufficient landscaping and screening, and,
wherever possible, shall preserve existing vegetation.
(5)
The proposal must demonstrate that any additional traffic generated by the
use can be adequately provided for in the existing parking and access
arrangements. Where this is not possible further appropriate provisions
27
shall be made so as to ensure no adverse parking or access effects occur.
(6)
Consideration will be given to the presence of activities already located in
the area and on the site, and their effect on the surrounding residential
environment, such as the cumulative effect of locating an activity on a site
adjacent to or already accommodating an activity that may currently
generate traffic, noise, etc. not in keeping with the character of the
adjacent area.
(7)
Consideration will be given to addressing pedestrian safety and
convenience both within the site, and in terms of the relationship to the
road network in and around the adjoining area.
(8)
All operations shall comply with all regulations of Saskatchewan
Environment and Saskatchewan Labour which govern their operation and
development.
(9)
Proposals for discretionary uses which may result in heavy truck traffic,
particularly in commercial and industrial districts, should be located to
ensure that such traffic takes access to or from major streets or designated
truck routes.
3.10.4 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.
(1)
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:
i)
municipal servicing capacity;
ii)
anticipated levels of noise, odour, smoke, fumes, dust,
lighting, glare, vibration or other emissions emanating from
the operation; and/or,
iii)
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
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(2)
Convenience Stores:
(a)
Convenience stores should, where possible, be located on corner
sites to facilitate access;
(b)
The location of the convenience store will only be favourably
considered where it can be demonstrated that residential amenity
will not be unreasonably compromised;
(c)
Vehicle car parking and access areas should not form a dominant
element in the streetscape; and,
(d)
Any new parking and loading areas should be landscaped to
improve the visual appearance of this site.
(3)
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.
(4)
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:
29
i)
the capacity of the adjoining street system to handle the
size and location of the development. The development
will not cause excessive traffic to pass through adjoining
low density residential development;
ii)
the density of a dwelling group and building separations
will be consistent with similar residential structures on
separate subdivided parcels; and,
iii)
bareland condominium proposals for dwelling groups will
only be considered if there is provision for adequate
common property on the parcel.
(5)
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:
i)
municipal servicing capacity; and
ii)
anticipated increased levels or types of vehicle traffic,
unsafe conditions or situations for vehicles, cyclists or
pedestrians.
(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 :
i)
adherence to any concept plan prepared for the proposed
development area, including the proposed location of all
forms of multiple unit dwellings;
ii)
the convenience of parking; and,
iii)
appropriate size and quality of proposed dwelling units.
(6)
Night Clubs and Taverns:
30
(a)
The location of the night club 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.
(7)
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.
(8)
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.
(9)
Restaurants, with or without associated lounges:
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(a)
Restaurants, with or without associated lounges, where possible,
should be located near similar community and support facilities;
and.
(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.
(10)
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:
i)
municipal servicing capacity;
ii)
anticipated levels of noise, odour, smoke, fumes, dust,
lighting, glare, vibration or other emissions emanating from
the operation;
iii)
anticipated increased levels or types of vehicle traffic,
unsafe conditions or situations for vehicles, cyclists or
pedestrians; and/or,
iv)
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.
(11)
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
32
site and that it will have a minimal impact on the surrounding,
adjacent areas. Consideration may be given, but is not limited to,
the following effects:
i)
municipal servicing capacity;
ii)
anticipated levels of noise, odour, smoke, fumes, dust,
lighting, glare, vibration or other emissions emanating from
the operation;
iii)
anticipated increased levels or types of vehicle traffic,
unsafe conditions or situations for vehicles, cyclists or
pedestrians; and,
iv)
utilization of hazardous substances.
(b)
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,
(c)
No outside storage is permitted for a wholesale establishment.
(12)
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,
(b)
All manufacturing and assembly operations in conjunction with a
light manufacturing plant shall be conducted within an enclosed
building.
(13)
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.
(14)
Tourist campgrounds:
(a)
Wherever possible, and appropriate, any existing trees and mature
landscaping shall be retained;
33
(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.
(15)
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.
(16)
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:
i)
maximum use of existing landforms and native grasses and
vegetation;
ii)
an alternative water source to potable water; and,
iii)
water conserving irrigation systems.
(17)
Intensive agricultural uses (excluding livestock):
34
(a)
The location of agricultural uses will only be favourably
considered where it can be demonstrated that the use and intensity
is appropriate to the site and that it will have a minimal impact on
the surrounding, adjacent areas. Consideration may be given, but
is not limited to, the following effects:
i)
municipal servicing capacity;
ii)
anticipated levels of noise, odour, smoke, fumes, dust,
lighting, glare, vibration or other emissions emanating from
the operation;
iii)
anticipated increased levels or types of vehicle traffic,
unsafe conditions or situations for vehicles, cyclists or
pedestrians; and,
iv)
utilization of hazardous substances.
(18)
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 square
metres.
(19)
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 metres 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
(20)
Abattoirs:
(a)
Shall be located at least 91.4 metres from residential areas,
schools, hospitals, motels and restaurants.
(21)
Bulk Petroleum Tanks:
35
(a)
Shall be located at least 91.4 metres from residential areas,
schools, hospitals, motels.
(22)
Livestock auction facilities, meat packing plants, and stockyards:
(a)
Shall be located at least 300 metres from all residential and
community service districts.
3.11 AMENDING THE ZONING BYLAW
3.11.1 Zoning Bylaw Amendment Application Fees
(1)
Council shall give notice of its intention to consider a Zoning Bylaw
amendment pursuant to the provisions of Sections 207 to 211 of The Act.
(2)
An applicant seeking amendment to the Zoning Bylaw shall pay the
following fees:
(a)
The costs of advertising associated with the application; and,
(b)
The following fees, where applicable:
i)
Text amendments: $200; and/or,
ii)
Map amendments:
Class 1 Districts: PR, FUD, CS
Class 2 Districts: C1, C2, MU, M
Class 3 Districts: R1, R2, RMH
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.
3.11.2 Special Provisions for Contract Zoning Agreements
(1)
A zoning designation which is subject to an agreement entered into
pursuant to the provisions of Section 69 of The Act shall be indicated on
the Zoning District Map by the addition of the Bylaw number authorizing
agreement after the zoning district designation.
36
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
SECTION 4 GENERAL REGULATIONS
4.1
LICENCES, PERMITS AND COMPLIANCE WITH OTHER BYLAWS AND
LEGISLATION
Nothing in this Bylaw shall exempt any person from complying with the requirement of
any other municipal or provincial regulations and requirements and from obtaining any
licence, permission, permit, authorization or approval required by such requirements or
regulations.
4.2
BUILDING LINES
Where a building line in a residential district has been established by existing buildings in
a block having at least one half the lots built upon, the front yard requirement for the
applicable zoning district will be considered to be the existing building line.
4.3
NUMBER OF PRINCIPAL BUILDINGS PERMITTED ON A SITE
Only one principal building shall be placed on a site with the exception of dwelling
groups, shopping centres, health care clinics, recreation facilities, schools, hospitals,
senior citizens' homes, personal care homes and public works.
4.4
HEIGHT RESTRICTIONS
Any height limitations or regulations shall not apply to spires, belfries, cupolas, 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 metre or greater above the
elevation of the centre of the abutting street within a triangular area formed by the
intersecting lot lines abutting the streets and a straight line joining said lot lines at points
4.5 metres distant from the intersection of the lot lines.
4.6
REQUIRED YARDS AND OPEN SPACE
4.6.1 Minimum Yards Required
No portion of any yard or open space required about any principal building or use
shall provide any portion of a yard or open space for any other principal building
or use.
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4.6.2 Permitted Obstructions in Required Yard
The following shall not be considered to be obstructions and shall not be
considered in the determination of yard dimensions or site coverage:
(1)
In all yards:
steps or ramps of 1.6 metres or less above grade level which are necessary
for access to a permitted building or for access to a site from a street or
lane; trees; shrubs; walks; uncovered driveways; fences; trellises; flag
poles and wheelchair ramps.
(2)
In front yards:
(a)
Overhanging eaves and gutters projecting not more than 1 metre;
(b)
Lighting fixtures, lamp posts, raised open patios, open decks,
canopies or balconies having a projection of not more than 1.8
metres; and,
(c)
Sills, belt cornices, pilasters or other similar vertical columns,
cornices and chimneys, bay windows, bow windows or other
projecting windows, projecting not more than 0.6 metres.
(3)
In rear yards:
(a)
Raised patios and decks measuring more than 0.6 metres in height
above grade, and canopies and balconies provided they do not
project to within 3 metres of the rear site line;
(b)
Raised patios, terraces and decks measuring 0.6 metres or less in
height above grade, having a projection of not more than 3 metres;
(c)
Overhanging eaves and gutters, sills, belt courses, pilasters or other
similar vertical columns, cornices and chimneys, bay windows,
bow windows or other projecting windows, projecting not more
than 1 metre into the yard;
(d)
On interior sites, enclosed private swimming pools when attached
to the principal building, projecting not more than 3 metres into the
yard; and,
(e)
Laundry drying equipment, recreational equipment, garbage stands
and private swimming pools and tennis courts when open to the
sky.
39
(4)
In side yards:
(a)
Raised patios, terraces and decks measuring 0.6 metres or less in
height above grade;
(b)
Raised patios and decks measuring more than 0.6 metres in height
above grade and canopies and balconies provided they do not
project more than 1.2 metres into the required yard;
(c)
Sills, belt courses, pilasters or other similar vertical columns,
cornices, eaves and chimneys, bay windows, bow windows or
other projecting windows, projecting not more than 0.6 metres into
the yard; and,
(d)
Laundry drying equipment, recreational equipment, garbage stands
and private swimming pools and tennis courts when open to the
sky.
4.7
FENCES
4.7.1 A principal building or use must be established on a site prior to the erection of a
fence or wall on the site.
4.7.2 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.
4.7.3 No wall, fence or other structure not otherwise permitted shall be erected in a
required front yard or on a site line adjacent to a required front yard to a height of
more than 1.0 metres above grade level.
4.7.4 No wall, fence, screen or similar structure, excepting permitted accessory
buildings, shall be erected in a required side or rear yard, or on a site line adjacent
to a required side or rear yard, to a height of more than 2.0 metres above grade
level.
4.7.5 Sections 4.7.1 and 4.7.2 (above) do not apply in C1, C2, M or FUD Districts,
except that in the case of a corner site, no wall, fence, screen, hedge or other
structure shall be placed so as to create a visual obstruction in an established
intersection sight triangle.
40
4.8
ACCESSORY BUILDINGS AND STRUCTURES
4.8.1 Accessory buildings shall be subordinate to, and located on the same site as the
principal building or use, and used in conjunction with that principal use.
4.8.2 Time of Construction
Accessory buildings shall not be constructed or placed on any site prior to the
construction of the principal building except in the following cases:
(1)
Where a Development Permit has been issued for a principal building,
Council shall allow prior development of an accessory building where
such building is required for the storage of construction material or
equipment. If the principal building is not completed within the effective
time period of the development permit for the associated principal
building, the accessory building shall be removed.
4.8.3 Height of Accessory Buildings
(1)
In any Commercial, Industrial, Community Service, Mixed Use, Parks or
Future Urban Development District accessory buildings are not to exceed
the height of the principal building.
(2)
In any Residential District accessory buildings are not to exceed the height
of the principal building and in no case shall the wall height exceed 5.5
metres.
4.8.4 Private Garages and Carports
(1)
Private garages and carports attached to the principal building by a
substantial roof structure are considered as part of the principal building
and subject to the regulations governing the principal building.
(2)
On any site in any residential zoning district only one detached garage, not
exceeding 150 square metres in area, subject to Sections 4.8.5 and 4.8.6
(below), is permitted.
(3)
Except when conforming with established building lines, no main door of
a garage which faces a road shall be within 7.5 metres of the front site line
faced by the door.
(4)
Except when conforming with established building lines, no main door of
a garage which faces a road shall be within 3.0 metres of the side site line
faced by the door.
41
4.8.5 Location and Size of Accessory Buildings (including private garages and
carports)
(1)
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.
(2)
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 metres, except where the main door
faces the rear site line, the minimum shall be 1.2 metres;
(c)
Yard, side: except as provided for in Section 4.8.4(4), minimum -
0.75 metres where the accessory building is over 1.8 metres behind
the rear wall of the principal building, otherwise 1.2 metres.
(d)
Detached accessory buildings shall be located at least one metre
from the principal building.
4.8.6 Number of Accessory Buildings
In any Residential District, there shall be no more than three (3) accessory
buildings on a site.
4.8.7 Satellite Dishes and Solar Collectors
The installation and operation of a free standing satellite dish or solar collector,
and their supporting structures shall be permitted in all zoning districts subject to
the following:
(1)
In any Commercial, Community Service 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)
metres of the side property line adjacent to a flanking street unless it is
screened from the flanking street to the satisfaction of the Development
Officer;
(2)
In any Commercial, Community Service, Mixed Use or Residential
District such structures, if freestanding, shall not exceed a height of five
42
(5) metres above grade level;
(3)
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) metres above the lowest elevation of: roof surface of a
flat roof; the decking of a mansard roof; and the eaves of a gable, hip or
gambrel roof; and,
(4)
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.
4.8.8 Permanent Membrane Covered Structures
(1)
In all districts anchored membrane covered structures up to 18.6m2 (200
square feet) are allowed.
(2)
In all industrial districts and the C2 - Highway Commercial District,
anchored membrane covered structures are allowed.
(3)
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.
(4)
All membrane covered structures must comply with the siting
requirements for the zone as if it were an accessory building.
4.8.9 Temporary Membrane Covered Structures
(1)
In any district, temporary membrane covered structures shall be allowed
for a period not to exceed seven (7) days in a calendar year.
4.8.9 Shipping Containers
(1)
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 principle use of the site.
43
4.8.10 Secondary, Garden and Garden Suites
(1)
A secondary, garden or garage suite may be allowed as a discretionary
accessory use to a permitted single detached dwelling in the R1, R2, and
MU zoning districts, subject to the Discretionary use Evaluation Criteria
contained in Section 3.10.3 herein and having regard to:
(a)
the compatibility of the use with the siting, grade elevations,
height, roof slopes, and building types and materials characteristic
of surrounding low density housing and development, and
(b)
Its effect on the privacy of adjacent properties
(2)
The requirements for accessory buildings outlined in Sections 4.8.1 to
4.8.9 herein do not apply to secondary, garden or garage suites. Specific
requirements for secondary suites are contained ins subsection (3), and for
garden garage suites in subsection (4) below. All secondary, garden, and
garage suites are subject to the following general requirements:
(a)
No more than one secondary, garden or garage suite shall be
allowed per residential site.
(b)
No more than three bedrooms allowed for any secondary, garden,
or garage suite.
(c)
No more than three persons are allowed to occupy any secondary,
garden or garage suite.
(d)
One off-street parking space is required for any secondary, garden
or garage suite in addition to the required parking for the principal
residential building on the site. The parking space for the principal
residential building may be located in a required front yard. The
required parking space for any suite shall not be located in a
required front yard, unless the subject site has no access to a rear
lane, and shall be paved and screened to the satisfaction of
Council.
(e)
Any secondary, garden or garage suite shall comply with the
requirements of the National Building Code, subject to the
approval of the Municipal Building Code, subject to the approval
of the Municipal Building Inspector.
(f)
Notwithstanding subsection (e), a park model home may be used
as a garden suite subject to compliance with all requirements noted
herein
44
(g)
Any secondary, garden or garage suite shall not be separated from
the principal building through condominium or bare land
condominium conversion or subdivision of land.
(3)
Secondary suites shall be subject to the following additional requirements:
(a)
In order to accommodate a secondary suite, a single detached
Dwelling must have a gross floor area, including the area of any
basement, or at least 100m2
(b)
The maximum floor area of a secondary suite shall be no more
than 40% of the gross floor area of the single detached dwelling in
which it is located or 70 m2, whichever is the lesser.
(c)
The minimum floor area for the secondary suite shall be 30 m2
(d)
The exterior finishing of a secondary suite shall be consistent with
the exterior of the remainder of the principal dwelling to give the
entire building the appearance of a single dwelling.
(4)
Garden and garage suites shall be subject to the following additional
requirements:
(a)
The minimum side yard for garden and garage suites shall be the
same as the yard requirement that applies to the principal building
in the applicable zoning district for all lots in a residential block,
including corner lots.
(b)
The maximum height of a garden suite shall be 4.3m. The
maximum height of a garage suite shall be 5.5m or the height of
the garage, whichever is the lesser.
(c)
The maximum floor area of a garden or garage suite shall be 50 m2
and the minimum floor area shall be 30 m2.
(d)
The minimum distance between a detached garage containing a
garage suite and the principal building on the site shall be 4m.
(e)
Windows contained within a garage or garden suite shall be placed
and sized such that they minimize overlook into yards and
windows of abutting properties by:
45
(i)
offsetting window placement to limit direct views of
abutting rear or side yard amenity areas or direct view into
a garage or garden suite on an abutting site;
(ii)
strategic placement of windows in conjunction with
landscaping or the placement other accessory buildings;
and
(iii)
placement of larger windows such as living room windows,
to face a lane, flanking street or towards the interior of the
lot.
46
4.9
OFF STREET PARKING AND LOADING
4.9.1 Parking and Loading Spaces Required With Development
(1)
No person shall erect, enlarge, or extend any building or structure
permitted under this Bylaw, unless the required parking and loading
spaces are provided and maintained in connection with the new, enlarged,
or altered building or structure.
(2)
When the intensity of use of any building, structure, or premises is
increased through the addition of dwelling units, floor area, seating
capacity, or other specified units of measurement for required parking and
loading facilities, parking and loading facilities as required in this Bylaw
shall be provided for any increase in intensity of use.
(3)
Wherever the existing use of a building or structure is changed to a new
use, parking and loading facilities shall be provided as required for the
new use; however, if the building or structure was erected prior to the
effective date of this Bylaw, additional parking and loading facilities are
mandatory only in the amount by which the requirements for the new use
exceed the requirements for the existing use.
(4)
All required parking facilities shall be located on the same site as the
principal building or use, 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 metres of the principal building or use and where
the remote site is located within a Commercial or Industrial district.
(5)
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.
(6)
When the calculation of parking requirements results in a fractional
required parking space, this fractional requirement shall be rounded up to
the next whole number.
4.9.2 Payment in Lieu of Required Off Street Parking Facilities
(1)
Council may exempt any applicant for a use permitted in the 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
47
Council the sum of money calculated by multiplying the number of off
street parking spaces that would otherwise be required by $2,000.00.
(2)
The payment of or agreement to pay such sums of money shall be subject
to such terms and conditions as Council may determine.
4.9.3 General Regulations for Off Street Parking and Loading
(1)
All required parking and loading facilities shall only be used for the
purpose of accommodating the vehicles of clients, customers, employees,
members, residents or visitors in connection with the principal building or
use for which the parking and loading facilities are provided, and the
parking and loading facilities shall not be used for driveways, access or
egress, commercial repair work, display, signage, sale or storage of goods
of any kind.
(2)
Required parking and loading facilities shall provide for and include an
adequate, safe and convenient arrangement of vehicular points of ingress
or egress, driveways, internal roadways, aisles and ramps, unloading and
loading of motor vehicles all in relation to buildings and entry points to
buildings on the site. Such facilities shall comply with the following
design, development and maintenance standards:
(a)
All required parking and loading facilities shall be clearly
demarcated and have adequate storm water drainage and storage
facilities;
(b)
Where warranted, on-site traffic signs shall be provided;
(c)
In situations where lighting of off-street parking and loading
facilities is to be provided, the lighting shall be arranged, installed
and maintained to deflect, shade and focus light away from any
adjacent land used or intended to be used for residential purposes;
(d)
All required parking and loading spaces shall be clear of any
access driveways, aisles, ramps, columns, signs or other similar
obstructions, and shall conform to the minimum dimensions set out
in Table 4-1.
48
Table 4-1
PARKING AND LOADING SPACE DIMENSION REQUIREMENTS
Type of Space
Minimum Dimension
Minimum Vertical Clearance
Parking spaces having direct
access to a registered lane
2.7 metres x 6.0 metres
2.0 metres
Parallel parking spaces
3.0 metres x 6.7 metres
2.0 metres
Parking spaces other than
those described above
2.7 metres x 6.0 metres
2.0 metres
Loading space
3.0 metres by 7.5 metres
4.0 metres
(e)
All required parking and loading spaces shall, without excessive
vehicular manoeuvring, have direct access to a driveway, aisle or
registered lane leading to a public street. Driveways and aisles
which provide access to parking or loading spaces shall conform to
the following minimum dimensions:
Parking Angle in Degrees
Width of Aisle or Driveway
75 to 90
6.0 metres (two-way traffic)
50 to 74
5.5 metres (two-way traffic)
49 or less
3.7 metres (one-way traffic only)
For the purpose of the above minimum dimensions, angles shall be
measured between the centre line of the parking or loading space
and the centre line of the driveway or aisle;
(f)
All entrances to and exits from a required parking facility shall be
designed in such a manner to minimize traffic congestion and
interference with traffic movement along public streets;
(g)
Driveways leading to a public street or public right-of-way or to an
internal private roadway, aisle, ramp or parking space shall be of
sufficient length and width to accommodate expected vehicle
volumes and therefore minimize traffic congestion and interference
of traffic movement within the required parking facility and along
public streets. The length, width and slope of such driveways shall
be based upon accepted engineering roadway design principles;
and,
(h)
For multiple unit dwellings, all parking spaces shall be suitably
screened from view from adjacent streets, and all required visitor
parking spaces shall be clearly marked or signed as such.
4.9.4 Required Off Street Parking and Loading in All Districts
49
(1)
The minimum off street parking requirements for all Districts are set out in
Table 4-2.
(2)
In all R - Residential Districts, required off-street parking shall not be
located in any required front yard.
(3)
Each non-residential principal building with a building floor area greater
than 500 m2 shall provide one off-street loading space.
TABLE 4-2
OFF-STREET PARKING REQUIREMENTS IN ALL DISTRICTS
Parking
Category
Parking Spaces Required
0
No off-street parking required
1
1 per dwelling unit
2
1 space per dwelling unit plus 0.1 space per dwelling unit for visitors
3
1 space plus 1 space for each guest room
4
1 space per 50 m2 of gross floor area
5
1 space per 28 m2 of gross floor area
6
1 space per 4 beds plus 1 space per employee
7
1 space plus 1 space for each non-resident staff member
8
3 spaces per 10 seats in main assembly area (or (where no fixed seating is
provided) 1 space per 2.5 m2 of gross floor area devoted to main assembly area.
9
1 per 4 seats intended for patrons use
10
1 space per 2 guest rooms plus 1 space per 15m2 of gross floor area devoted to
the public assembly plus the applicable parking requirements for any other use
contained on the site.
11
1 space per 50 m2 of gross floor area, or 1 space per 3 employees, whichever is
greater.
12
1 space per 90 m2 of gross floor area
50
13
1 space per 28 m2 of gross floor area, or 1 space per 3 employees, whichever is
greater
14
1 space plus one space per 5 persons enrolled in the facility
15
1 space for 8 patrons at design capacity
16
1 space plus 1 additional space for every 10 persons enrolled in the facility per
day
17
1 space per 10 seats in main assembly are or (where no fixed seating is provided)
1 space per 7.5 m2 of gross floor area devoted to main assembly area
18
1 space per non-resident employee
19
1 space per staff member
20
1 space per staff member plus 3 spaces for each classroom, with parking
permitted in a front, side and/or rear yard
21
1.2 spaces per classroom plus 1 space per 4 students at design capacity
22
1 space per bay
23
1 space per three beds plus 1 space per 4 employees
24
1.2 spaces per classroom plus 1 space per 8 students at design capacity.
51
4.10 SIGNS
All signs shall be subject to the following regulations:
4.10.1 General
(1)
In addition to signs permitted as set out below, temporary election signs,
and temporary signs bearing notice of sale or lease or other information
relating to a temporary condition affecting the property, are permitted.
(2)
Signs shall not be located in sight triangles for intersections or driveways
or in such a manner that they visually obstruct sight triangles or otherwise
jeopardize public safety.
(3)
Except as otherwise provided, no sign shall project beyond the property
lines of the site to which it pertains.
(4)
Subject to the general provisions governing their location, directional
signs providing on-site directions for the convenience and safety of
persons using the site shall be permitted.
(5)
Permitted home based businesses may display one (1) fascia sign, not
exceeding 0.4 m2 in area, identifying the name of the home based
business. Such sign shall not be illuminated and shall be affixed to the
principal building. (Note: On multiple unit residential buildings, 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.)
4.10.2 Application for Permits
(1)
Applications for sign permits must be made in writing to the Development
Officer by the owner, lessee or authorized agent of the building or
premises on which the sign is to be erected. The written application shall
be accompanied by plans, specifications, construction details and other
information sufficient to inform the Development Officer of the exact
nature and location of the intended sign.
(2)
Prior to issuing a sign permit for a free standing, projecting or roof sign,
the Development Officer may require that the supplementary
documentation described in (1) above, contain the professional stamp of a
certified professional engineer qualified to certify that the sign design
satisfies all relevant legislation, codes and Bylaws.
52
4.10.3 Licensing of Portable Signs
(1)
Portable signs intended for rental or lease at more than one site during a
one-year period, or located at more than one site during a one-year period
must be licensed.
(2)
The annual license shall be in the form of a license sticker which must be
affixed anywhere on the top one-third of the sign on the end or face closest
to the street.
(3)
A license sticker is not transferable from one portable sign to another.
4.10.4 Permit and License Fees
(1)
Permanent signs
$30.00 for the first $5,000 of sign construction value; and,
$5.00 for every $1,000 of sign construction value in excess of $5,000.
(2)
Portable signs
an annual license fee of $25.00
(3)
Highway Corridor signs
An annual fee of $50 is due the first day of April every year, payable to
the Village of Leask, unless the sign is owned by the municipality.
4.10.5 Denying or Revoking Permits
(1)
The Development Officer may deny or revoke a sign permit for any of the
following reasons:
(a)
erection of the sign has not commenced within three months from
the date of issue of the permit;
(b)
the sign does not conform to all relevant provisions of this Bylaw;
(c)
the sign being constructed or erected does not conform to the
approved drawings; and/or,
(d)
the sign is not in a proper state of repair.
53
4.10.6 On any site in any Parks and Recreation District, Future Urban
Development District or Residential Districts, signs may be erected as follows
(1)
Sign provisions applying to permitted principal residential uses,
commercial uses and community service uses in any Residential district,
the Future Urban Development District or the Parks and Recreation
District are set out in Table 4-7. 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,
(d)
Signs applying to community service uses must not display
advertising of any commercial service or product.
Table 4-7
SIGN REGULATIONS IN PARKS AND RECREATION, FUTURE URBAN
DEVELOPMENT AND RESIDENTIAL DISTRICTS
Use
Max. # of
Signs
Max. Total
Sign Face
Area (m2)
Max # of
Freestandin
g 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) square metre in
area, showing the name of the building or group.
4.10.7 On any site in the Community Service and Mixed Use Districts, signs may be
erected as follows:
(1)
Sign provisions applying to permitted principal community service uses,
residential uses and commercial uses in the Community Service District
are set out in Table 4-8. The following provisions also apply:
(a)
No roof signs shall be permitted;
(b)
Illuminated signs shall have a steady internal light source or a
54
steady external light source shielded so that the light is directed
only at the face of the sign; and,
(c)
Signs applying to community service uses must not display
advertising of any commercial service or product.
Table 4-8
SIGN REGULATIONS IN COMMUNITY SERVICE AND MIXED USE DISTRICTS
Use
Max. # of
Signs
Max. Total Sign
Face Area (m2)
Max # of
Freestand
ing Signs
Max.
Height of
Freestandi
ng 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 residential 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) square metre in
area, showing the name of the building or group.
4.10.8 In any site in any Commercial or Industrial District, signs may be erected as
follows:
(1)
Sign provisions applying to permitted principal commercial / industrial
uses, community service uses and residential uses are set out in Table 4-9.
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;
(e)
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;
55
(f)
Awning signs shall not project more than 1.8 m from the building
face;
(g)
Projecting signs shall not project more than 1.8 metres above the
eaves or parapet of a supporting building;
(h)
Except in the C1 - Commercial District, no sign shall project
beyond the property lines of the site to which it pertains;
(i)
In the C1 - Commercial District only, no projecting sign may
project perpendicularly from the property line more than 3.0
metres or beyond a point 0.6 metres from the building side of the
curb line, whichever is less;
(j)
In the C1 - Commercial District only, no projecting sign may be
suspended less than 2.6 metres above the surface of a public
sidewalk or pedestrian right-of-way;
(k)
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,
(l)
No portion of any roof sign may project beyond any exterior wall
or parapet of the building upon which it is placed.
Table 4-9
SIGN REGULATIONS IN COMMERCIAL AND INDUSTRIAL DISTRICTS
Use
Max. # of
Signs
Max. Total
Sign Face
Area (m
2)
Max # of
Freestanding
Signs
Max. Height of
Freestanding
Signs (m)
Max Sign Face Area
for Freestanding
Signs (m
2)
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 (4)
0.4 (4)
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
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 metres
In the C2 - Commercial and M - Industrial Districts: 10 metres
(3)
In the C1 - Commercial District: maximum 5 square metres sign face area and 10 square metres total sign
In the C2 - Commercial and M - Industrial Districts: 9 square metres sign face area and 18 square metres
total sign face area.
(4)
Multiple unit dwellings and dwelling groups are permitted one additional sign, up to one (1) square metre,
56
4.10.9 Portable Sign Regulations
(1)
No portable sign shall have a single face area greater than 6.0 m2.
(2)
No portable sign shall have a height greater than 3.0 metres above grade.
(3)
No portable sign shall occupy any space required for off-street parking
unless the site contains off-street parking in excess of that required under
this Bylaw.
(4)
On any single site, no portable sign may be located closer than 20.0 metres
from any other portable sign.
4.11 HOME-BASED BUSINESSES - TYPE I AND TYPE II
4.11.1 All applications for home based businesses must be considered as a Type I or
Type II Home Based Business. The development standards for Type I and Type
II home based businesses are contained in Sections 4.11.4 and 4.11.5.
4.11.2 Without limiting the authority of the Development Officer to approve other types
of home based business applications, the following uses are specifically permitted
as home based businesses, subject to the applicable development standards
contained within Sections 4.11.4 and 4.11.5:
(1)
art restoration;
(2)
beauty parlours, barber shops;
(3)
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;
(4)
dressmaker, seamstress, or tailor;
(5)
electrology, acupuncture, reflexology, and massage therapy;
(6)
the instruction of art, dancing, or music, limited to no more than three
students at a time;
(7)
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;
(8)
a photography studio;
57
(9)
typing, word processing, and computer programming services.
4.11.3 Without limiting the authority of the Development Officer to deny applications
for other types of home based businesses which do not meet the requirements of
this Bylaw, the following uses are prohibited as home based businesses, whether
or not applications for such uses would otherwise comply with the applicable
standards of this Bylaw:
(1)
businesses utilizing large power tools and machinery, or businesses
involved in the mass production of similar items or products.
(2)
restaurants or tea rooms.
(3)
health or fitness clubs.
(4)
headquarters or base of operations of a trucking, delivery, or towing
operation.
(5)
hotels and hospitals.
(6)
laundry services.
(7)
motion picture or recording studios.
(8)
the painting, repairing, refitting, cleaning, refurbishing, or selling of motor
vehicles or machinery.
(9)
rental services.
(10)
upholstery services.
(11)
veterinary services, boarding or care of animals.
(12)
welding or metal works.
(13)
species breeding.
4.11.4 The following development standards shall apply to all Type I Home Based
Businesses:
(1)
No persons other than residents of the dwelling shall be employed in the
home based businesses on the site.
(2)
Home based businesses shall be conducted entirely indoors, and no more
than 20% of the gross floor area of the dwelling, including the area of the
58
basement and any attached garage, up to a maximum of 30 m2, may be
occupied by home based businesses.
(3)
An attached garage or detached accessory building may be occupied by a
home based business, provided that the total area devoted to home based
businesses does not exceed 30 m2 on the site, and that no required parking
spaces associated with the principal use are occupied by home based
businesses.
(4)
There shall be no exterior storage on the site in relation to the home based
business, and no exterior alterations shall be permitted that are not
consistent with the residential character of the buildings and property
except for one permitted sign.
(5)
No noise, vibration, smoke, dust, odours, heat, glare, electrical, television
or radio interference detectable beyond the boundaries of the building
containing the home based business shall be produced.
(6)
No more than one business related vehicle with a gross vehicle weight of
no more than 5,000 kg and a total length of no more than 6.0 metres may
be stored on or in the vicinity of the site.
(7)
Regardless of the number of home based businesses that may be located
on any one site, a total of no more than seven (7) client or business related
visits per day shall be made to home based businesses on any one site, and
no deliveries of merchandise, goods or equipment shall be made to the
businesses by a vehicle with a gross vehicle weight of more than 5,000 kg,
or by a vehicle with a total length of more than 6.0 metres.
(8)
A total of no more than 2.0 cubic metres of storage may be permitted
within a dwelling on any one site, and a total of no more than 4.0 cubic
metres of storage may be permitted within an attached or detached
accessory building in relation to home based businesses. No storage of
hazardous, explosive or flammable materials shall be permitted in relation
to a home based business.
4.11.5 The following development standards shall apply to all Type II Home Based
Businesses:
(1)
In accordance with the definition of a Type II home based business, no
more than one non-resident person shall be employed in relation to home
based businesses on any one site.
(2)
Home based businesses shall be conducted entirely indoors, and no more
than 20% of the gross floor area of the dwelling, including the area of the
basement and any attached garage, up to a maximum of 40 m2, may be
59
occupied by home based businesses.
(3)
An attached garage or detached accessory building may be occupied by
home based businesses, provided that the total area devoted to home based
businesses does not exceed 40 m2 on the site, and that no required parking
spaces associated with the principal use are occupied by home based
businesses.
(4)
There shall be no exterior storage on the site in relation to the home based
business, and no exterior alterations shall be permitted that are not
consistent with the residential character of the building and property
except for one permitted sign.
(5)
No noise, vibration, smoke, dust, odours, heat, glare, electrical, television
or radio interference detectable beyond the boundaries of the building
containing the home based business shall be produced.
(6)
One off-street parking space shall be required for a non-resident
employee, and this space may be located in a required front yard.
Additional off-street parking spaces may be required, where in the opinion
of the Development Officer, due to the nature of the business or the site,
the provision of parking is necessary to maintain the residential character
of the area. The siting and screening of all required parking spaces shall
be undertaken to the satisfaction of Council.
(7)
No more than one business related vehicle with a gross vehicle weight of
no more than 5,000 kg and a total length of no more than 6.0 metres may
be stored on or in the vicinity of the site.
(8)
Regardless of the number of home based businesses that may be located
on any one site, a total of no more than fourteen (14) client or business
related visits per day shall be made to home based businesses on any one
site, and no deliveries of merchandise, goods or equipment shall be made
to the businesses by a vehicle with a gross vehicle weight of more than
5,000 kg, or by a vehicle with a total length of more than 6.0 metres.
(9)
A total of no more than 2.0 cubic metres of storage may be permitted
within a dwelling on any one site, and a total of no more than 4.0 cubic
metres of storage may be permitted within an attached or detached
accessory building in relation to home based businesses. No storage of
hazardous, explosive or flammable materials shall be permitted in relation
to a home based business.
60
4.12 SPECIAL REGULATIONS AND STANDARDS
This section addresses special provisions and specific development standards that apply
to the following developments. These standards apply in addition to any standards of the
District.
4.12.1 Adult Day Care Facilities - Type I and Type II
(1)
Adult day care facilities may be approved as an ancillary use or as a
principal use.
(2)
In any residential district, no exterior alterations shall be undertaken to a
dwelling or former dwelling which would be inconsistent with the
residential character of the building or property.
(3)
Required parking spaces shall not be located in a required front yard.
(4)
In addition to the development standards of the zoning district, adult day
care facilities that are listed as discretionary uses shall be evaluated and
developed in accordance with Section 3.10 of this Bylaw.
4.12.2 Bed and Breakfast Homes
(1)
A bed and breakfast home may be located in a detached one unit dwelling
or in a two-unit dwelling. No exterior alterations shall be undertaken
which would be inconsistent with the residential character of the building
or property.
(2)
Notwithstanding Sections 4.9.4.(2) and 4.9.6 (2), required parking spaces
may be permitted in a front yard.
(3)
Section 3.10 of this Bylaw shall apply to the review and approval of bed
and breakfast homes.
(4)
The operator of the bed and breakfast lodging may advertise with a sign
subject to Section 4.10.
4.12.3 Custodial Care Facilities, Residential Care Facilities and Personal Care Homes
(1)
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.
61
(2)
In any residential district, no exterior alterations shall be undertaken to a
dwelling or former dwelling which would be inconsistent with the
residential character of the building or property.
(3)
Required parking spaces shall not be located in a required front yard.
(4)
No building or structure used for the purpose of a custodial care facility or
a residential care facility shall also be used for the purpose of keeping
boarders or lodgers.
(5)
In addition to the development standards of the zoning district, custodial
care facilities and residential care - 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.
4.12.4 Day Care Centres and Pre-Schools
(1)
Day care centres and pre-schools may be approved as an ancillary use or
as a principal use. In any residential district, no exterior alterations shall
be undertaken to a dwelling or former dwelling which would be
inconsistent with the residential character of the building or property.
(2)
Required parking spaces shall not be located in a required front yard.
(3)
In addition to the development standards contained within the zoning
district, Section 3.10 of this Bylaw shall apply to the review and approval
of day care centres and pre-schools which are listed as discretionary uses.
4.12.5 Dwelling Groups - also refer to Section 3.10.4 (4)
(1)
The minimum side yard of 3.5 m or ½ the building height shall be
measured from the closest main wall of the principal building closest to
the side site line.
(2)
All principal buildings forming part of the group shall be located at least
3.5 m from any other principal building in the group.
(3)
The site area shall provide at least 370 square metres for each dwelling
unit in the group located at grade level plus 65 square metres for any
dwelling unit located above the main floor.
(4)
Council may apply special development standards regarding "yard
requirements" to reduce conflict with neighbouring uses.
4.12.6 Fuel Storage Tanks, Above Ground
62
(1)
Above-ground fuel storage tanks which meet the standards of the National
Fire Code may be permitted in association with service stations, gas bars
and other permitted industrial or commercial uses where the dispensing of
fuel to vehicles is a standard aspect of the use.
(2)
The total storage capacity for above-ground fuel storage tanks on any
single service station or gas bar shall not exceed the regulations and
requirements set out by the National Fire Code.
(3)
Above-ground fuel storage tanks shall be:
(a)
for uses other than service stations and gas bars, located at least 3.0
metres from any property line or building, the 3.0 metre separation
distance may be reduced to 1.0 metre for tanks with a capacity of
5,000 litres or less;
(b)
for service stations and gas bars, located at least 6.0 metres from
any property line or building;
(c)
separated from each other and be accessible for firefighting
purposes to the satisfaction of the Development Officer; and,
(d)
at least 15 metres from the boundary of any site within a
Residential district.
(4)
For uses other than service stations and gas bars, the dispensing equipment
associated with above-ground fuel storage tanks shall be located at least
3.0 metres from any property line, at least 7.5 metres from any open flame
or other ignition source, and at least 4.5 metres from any door or window.
(5)
For service stations and gas bars, the dispensing equipment associated
with above-ground fuel storage tanks shall be located at least 6.0 metres
from any property line, at least 7.5 metres from any open flame or other
ignition source, and at least 4.5 metres from any door or window.
(6)
Above-ground fuel storage tanks shall be protected from vehicles with
suitable posts, guardrails or other similar means.
(7)
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.
(8)
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.
63
(9)
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.
4.12.7 Deleted
4.12.8 Gas Bars
(1)
Where operated as the principal use on a site, gas bars are subject to the
regulations and standards for service stations.
(2)
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 metres from any building on the site, and six metres from any
site line;
(b)
The site shall have at least two separate entrances for vehicles, at
least 15 metres 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.
4.12.9 Parking Lots
(1)
No sign of any kind, other than those designating the parking lot name,
entrances, exits, or conditions of use, may be erected or maintained.
(2)
All lighting fixtures must be oriented in a manner to direct the light away
from adjacent lots.
(3)
A durable surface must be provided and maintained and the lot must be
graded to dispose of all surface water.
(4)
Parking lots shall be landscaped to improve the visual appearance of the
site.
(5)
Where parking lot abuts a residential property boundary a minimum
landscape buffer of 2.0 metres shall be provided.
4.12.10
Service Stations
(1)
Fuel pumps and other apparatus for dispensing or storage of fuel, located
64
all or partly above grade level, shall be at least six metres from a site line.
(2)
All automobile parts, dismantled vehicles and similar articles or
equipment are to be stored within a building.
(3)
Where service stations occupy a corner site, only one access point shall be
on the flanking street.
4.12.11
Modular Homes
(1)
All modular homes shall be placed on a permanent foundation comprised
of a full or partial basement and/or concrete or preserved wood grade
beam / pile structure, such foundation being not less than 600 millimetres
above recommended or established grade. Basement wall and grade beam
support shall be attached to the perimeter of the building.
4.12.12
Mobile Homes Courts
(1)
Road rights-of-way within mobile home courts shall be at least 15 m in
width, with hard-surfaced roadways of a minimum 6 m in width, and
drained.
(2)
A minimum of ten percent (10%) of the area of the mobile home court
shall be set aside as communal open space or devoted to recreation
facilities.
(3)
All site and yard requirements for mobile homes in the RMH - Mobile
Home Residential District shall apply to individual mobile home sites
within a mobile home court.
(4)
The Public Health Act, 1994, and the Regulations passed thereunder, shall
be complied with in respect to all operations and development of a mobile
home court.
4.13 SERVICING
4.13.1 Holding tanks, septic tanks and wells are not allowed in the areas of the Village
which can be serviceable from existing municipal water and sewer lines.
4.13.2 Developments outside the serviceable areas shall be connected to a private
sewage disposal system approved by the authority responsible for approval of
such systems under The Public Health Act, 1994.
4.14 STORAGE OF MATERIALS AND UNLICENSED OR INOPERATIVE MOTOR
VEHICLES IN RESIDENTIAL DISTRICTS
65
In any Residential District:
4.14.1 No front yard shall be used for the storage of unlicensed or uninsured motor
vehicles or of materials or goods of any type.
4.14.2 No yard shall be used for storage or collection of hazardous material.
4.14.3 No yard or portion thereof shall be used for the storage of machinery not normally
used for the maintenance of the residential property.
4.14.4 Outside storage of partially dismantled or inoperative motor vehicles is not
permitted.
4.14.5 Only one (1) unlicensed or uninsured motor vehicle may be stored outdoors on a
residential site.
4.15 DEVELOPMENT ON HAZARD LANDS
4.15.1 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.
4.15.2 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.).
4.16 BUILDINGS OR USES OCCUPYING MORE THAN ONE LOT
Where an application is made for development of a building or use that will occupy more
than one lot as herein defined, the parcel of land comprised of said lots shall be
considered a site for the purposes of administering this Bylaw.
4.17 EXISTING NONCONFORMING BUILDINGS AND SITES
Where a building has been erected on or before the effective date of this Zoning Bylaw
on a site having less than the minimum site width or area, or having less than the
minimum front yard, side yard or rear yard required or more than the maximum site
coverage permitted in this Zoning Bylaw, the building may be enlarged, reconstructed,
66
repaired or renovated provided that:
(1)
the enlargement, reconstruction, repair or renovation does not further reduce the
front yard, side yard or rear yard or further increase the site coverage that does not
conform to this Zoning Bylaw.
(2)
all other applicable provisions of this Zoning Bylaw are satisfied.
4.18 FRONTAGE ON ROAD
No development permit shall be issued unless the site intended to be used, or upon which
a building or structure is to be erected, abuts or has frontage on and access to an existing
public road.
4.19 BUILDING TO BE MOVED
No building shall be moved within or into the Village of Leask 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 Village of Leask 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
(1)
Garage or yard sales may be undertaken on any site in a Residential or
Community Service zoning district provided the sale is conducted by a resident of
the dwelling on the subject site, or by a non-profit group associated with a place
of worship, public school, community association or other similar group or
organization.
(2)
No more than four (4) sales may be conducted from one site in one calendar year,
and any one sale may not last for more than three consecutive days.
4.23 WATER
67
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 OUTDOOR WOOD FURNACE
Outdoor wood furnaces shall be prohibited in all zoning districts in the municipality.
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.
68
SECTION 5 ZONING DISTRICTS
5.1
CLASSIFICATION OF ZONING DISTRICTS
In order to carry out the purpose and provisions of this Bylaw, the Village is divided into
the following Zoning Districts, the boundaries of which are shown on the "Zoning
District Map". Such districts may be referred to by the appropriate symbols.
Districts
Symbols
Low Density Residential
R1
Medium Density Residential
R2
Mobile Home Residential
RMH
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.
" adopted by the Council and signed by the Mayor and Administrator, and under the seal
of the Village shall be known as the "Zoning District Map" and such map is declared to
be an integral part of this Bylaw.
5.3
BOUNDARIES OF ZONING DISTRICTS
5.3.1 The boundaries of such districts referred to, together with explanatory legend,
notation and reference, are shown on the map entitled "Zoning District Map".
5.3.2 All streets, lanes and road allowances, if not otherwise specifically designated,
shall be deemed to be in the same zoning district as the property immediately
abutting upon such streets, lanes and road allowances. If the land abutting each
side of a street, lane or road allowance is located in different zoning districts, the
centre line of such street, lane or road allowance shall be deemed to be the district
boundary, unless otherwise specifically designated.
69
5.3.3 Streets, lanes, and road allowances which are shown on the Zoning District Map
and which have been permanently closed pursuant to Section 13 of The
Municipalities Act, shall be in the same district as the land abutting both sides of
the permanently closed street, lane or road allowance. If the land abutting each
side of the permanently closed street, land or road allowance was located in
different zoning districts before the said street, lane or road allowance was
permanently closed, the centre line of such permanently closed street, lane or road
allowance shall be deemed to be the district boundary, unless otherwise
specifically designated.
5.3.4 In unsubdivided land, the zoning district boundary shall be determined by the
scale shown on the Zoning District Map.
5.4
ZONING DISTRICTS
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.
70
SECTION 6 DISTRICT SCHEDULES
6.1
R1 - LOW DENSITY RESIDENTIAL DISTRICT
6.1.1 Purpose
The objective of the R1 - Low Density Residential District is to provide for
residential development in the form of single detached dwellings and for other
compatible uses.
6.1.2 Permitted and Discretionary Uses
Uses are listed and designated in Table 6-1
6.1.3 Accessory Uses
(1)
Accessory buildings and uses shall be permitted subject to Section 4.8.
6.1.4 Standards and Regulations
(1)
Site and building requirements are shown in Table 6-1.
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.
(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.
6.1.6 Exceptions to Development Standards
(1)
Where, on a corner site, a side yard of at least 6 metres is provided
along the flanking street for a single detached dwelling, the minimum rear
yard requirement is reduced to 3 metres.
71
Table 6-1
R1 - LOW DENSITY RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS
for the Village of Leask
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
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, garden and garage suites
D
1
4.8.10
Refer to Section 4.8.10
(2)
Single detached dwellings
P
1
360 (1)
12(2)
6
1.2 (3)
4.5
70
50
(3)
Park Model Homes
P
360 (1)
12(2)
6
1.2 (3)
4.5
30
50
Commercial Uses
(1)
Adult day care - type I
P
14
4.12.1
360 (1)
12 (2)
6
1.2 (3)
4.5
70
50
(2)
Adult day care - type II
D
14
4.12.1
360 (1)
12 (2)
6
1.2 (3)
4.5
70
50
(3)
Bed and breakfast homes
D
3
4.12.2
360 (1)
12 (2)
6
1.2 (3)
4.5
70
50
(4)
Clubs
D
4
3.10.4 (3)
450
15
6
3 (4)
4.5
70
50
(5)
Convenience stores
D
5
3.10.4 (2)
450
15
6
3 (4)
4.5
70
50
(6)
Daycare centres and preschools
D
16
4.12.4
360 (1)
12 (2)
6
1.2 (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
18
4.11
Same as home
(9)
Personal care homes - type I and type II
D
6
4.12.3
360 (1)
12 (2)
6
1.2 (3)
4.5
70
50
(10)
Residential care facilities - type I and type II
D
7
4.12.3
360 (1)
12 (2)
6
1.2 (3)
4.5
70
50
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Community centres
P
4
3.10.4 (3)
450
15
6
3 (4)
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 (3)
450
15
6
3 (4)
4.5
70
50
(5)
Public schools
P
19,20 3.10.4 (3)
no min
no min
6
3 (4)
4.5
no min
no max
72
(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
73
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 270 square metres
(2)
unless site is served by a lane, in which case 9 metres
(3)
except for corner sites, where it shall be 3 along the flanking street
(4)
or ½ the average building height, whichever is greater
74
6.2
R2 - MEDIUM DENSITY RESIDENTIAL DISTRICT
6.2.1 Purpose
The objective of the R2 - Medium Density Residential District is to provide for
residential development in the form of single detached, semi-detached, two-unit
dwellings, multiple-unit dwellings, dwelling groups and for 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.
6.2.5 Standards for Discretionary Uses
Council will consider discretionary use applications in the R2 - Medium Density
Residential District with respect to Section 3.10.3 General Discretionary Use Evaluation
Criteria, Section 3.10.4 Use Specific Discretionary Use Evaluation Criteria, as may be
applicable, and additional evaluation criteria and development standards that follows in
this section:
(1)
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 metres is provided along the
flanking street for a single detached dwelling, the minimum rear yard requirement
is reduced to 3 metres.
75
Table 6-2
R2 - MEDIUM DENSITY RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS
for the Village of Leask
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
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 (4)
4.12.5
4000
no min
no min
3.5 (4)
no min
50 / unit
60
(2)
Multiple unit dwellings (apartments)
D
2
185 /
unit
6 / unit
(9)
6
(5) (11)
no min
40 / unit
60
(3)
Multiple unit dwellings (townhouses)
D
2
225 /
unit
18
6
(5) (11)
4.5
46 / unit
60
(4)
Secondary, garden and garage suites
D
1
4.8.10
Refer to Section 4.8.10
(5)
Semi-detached dwellings
P
1
275 (2)
9 (10)
6
1.2 (5) (7)
4.5
46
60
(6)
Single detached dwellings
P
1
360 (1)
12 (6)
6
1.2 (7)
4.5
70
50
(7)
Street townhouse dwellings
D
2
225
6
6
1.2 (5)
(11)
4.5
46 / unit
60
(8)
Two unit dwellings
P
1
550 (3)
18 (8)
6
1.2 (7 )(5)
4.5
92
60
(9)
Park Model Homes
P
360 (1)
12(2)
6
1.2 (3)
4.5
30
50
Commercial Uses
(1)
Adult day care - type I
P
14
4.12.1
360 (1)
12 (6)
6
1.2 (7)
4.5
70
50
(2)
Adult day care - type II
D
14
4.12.1
360 (1)
12 (6)
6
1.2 (7)
4.5
70
50
(3)
Bed and breakfast homes
D
3
4.12.2
360 (1)
12 (6)
6
1.2 (7)
4.5
70
50
(4)
Clubs
D
4
3.10.4 (3)
450
15
6
3 (4)
4.5
no min
50
(5)
Convenience stores
D
5
3.10.4 (2)
450
15
6
3 (4)
4.5
no min
50
(6)
Daycare centres and preschools
D
16
4.12.4
360 (1)
12 (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
18
4.11
Same as home
(9)
Parking lots
D
0
4.12.9
no min
no min
3
3
3
no min
no max
76
Table 6-2
R2 - MEDIUM DENSITY RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS
for the Village of Leask
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
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 (%)
(10)
Personal care homes - type I
P
6
4.12.3
360 (1)
12 (6)
6
1.2 (7)
4.5
70
50
(11)
Personal care homes - type II
D
6
4.12.3
360 (1)
12 (6)
6
1.2(7)
4.5
70
50
(12)
Residential care facilities - type I
P
7
4.12.3
360 (1)
12 (6)
6
1.2 (7)
4.5
70
50
(13)
Residential care facilities - type II
D
7
4.12.3
360 (1)
12 (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 (8)
235
6
6
3
4.5
no min
50
(2)
Community centres
P
4
3.10.4 (3)
450
15
6
3 (4)
4.5
no min
50
(3)
Cultural institutions
D
4
3.10.4 (3)
450
15
6
3 (4)
4.5
no min
50
(4)
Custodial care facilities
D
14
4.12.3
360 (1)
12 (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 (3)
450
15
6
3 (4)
4.5
70
50
(8)
Private schools
D
21
3.10.4 (3)
no min
no min
no min
3 (4)
4.5
no min
no max
(9)
Public schools
P
19,20
3.10.4 (3)
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.
77
Special limitation and standards regarding Table 6-2 and the R2 - Medium Density Residential District:
(1)
unless site is served by a lane, in which case 270 square metres
(2)
unless site is served by a lane, in which case 225 square metres
(3)
unless site is served by a lane, in which case 450 square metres
(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 9 metres
(7)
except for corner sites, in which case the minimum requirement shall be 3 metres along flanking street
(8)
unless site is served by a lane, in which case 15 metres
(9)
to a maximum of 21 metres
(10)
unless site is served by a lane, in which case 7.5 metres
(11)
for one-storey multiple unit dwellings, the minimum side yard requirement shall be 1.8 metres, unless dwelling is on a
corner site, in which case the minimum side yard requirement shall be 3 metres 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 metres;
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) metres
78
6.3
RMH - MOBILE HOME RESIDENTIAL DISTRICT
6.3.1 Purpose
The objective of the RMH - Mobile Home Residential District is to provide for
residential development in the form of mobile homes and 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.
6.3.5 Standards for Discretionary Uses
Council will consider discretionary use applications in the RMH - Mobile Home
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.
79
Table 6-3
RMH - MOBILE HOME RESIDENTIAL DEVELOPMENT STANDARDS
for the Village of Leask
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
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)
Mobile homes
P
1
360 (1)
12 (2)
6
1.2 (3)
4.5
65
50
(2)
Mobile home courts
P
1
4.12.12
10,000
60
(5)
(5)
(5)
no min
no max
(3)
Modular homes
P
1
4.12.11
360 (1)
12 (2)
6
1.2 (3)
4.5
65
50
(4)
Single detached dwellings
P
1
360 (1)
12 (2)
6
1.2 (3)
4.5
70
40
(5)
Park Model Homes
P
1
360 (1)
12(2)
6
1.2 (3)
4.5
30
50
Commercial Uses
(1)
Convenience stores
D
5
3.10.4(2)
235
12 (2)
6
3 (4)
4.5
no min
50
(2)
Day care centres and preschools
D
16
4.12.2
360 (1)
12 (2)
6
1.2 (3)
4.5
70
50
(3)
Laundromats
D
5
3.10.4(15)
235
12 (2)
6
3 (4)
4.5
no min
50
(4)
Parking lots
D
0
4.12.9
no min
no min
3
3
3
no min
no max
Community Service, Government, 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 and playgrounds
P
0
no min
no min
no min
3
no min
no min
10
(3)
Public recreational facilities
D
4
3.10.4(3)
no min
no min
no min
3 (4)
4.5
no min
no max
(4)
Public works
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 6.4.5 and
others as required by Council and/or contained in this Bylaw.
80
Special limitation and standards regarding Table 6-3 and the MHR - Mobile Home Residential District:
(1)
unless site is served by a lane, in which case 270 square metres
(2)
unless site is served by a lane, in which case 9 metres
(3)
except:
(a)
where no lane is provided, one side yard shall be a minimum of 4.5 metres
(b)
where the main entrance door on the long side of the home faces a side site line, 4.5 metres on that side
(c)
on a corner site, a minimum side yard of 3 metres is required on the site line flanking the street
(4)
or ½ the height of the side wall, whichever is greater
(5)
refer to Section 4.12.12
81
6.4
CS - COMMUNITY SERVICE DISTRICT
6.4.1 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.
6.4.2 Permitted and Discretionary Uses
Uses are listed and designated in Table 6-4.
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 6-4.
6.4.5 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.
6.4.6 Exceptions to Development Standards
(1)
Where, on a corner site, a side yard of at least 6 metres is provided along
the flanking street for a single detached dwelling, the minimum rear yard
requirement is reduced to 3 metres.
82
Table 6-4
CS - COMMUNITY SERVICE DISTRICT DEVELOPMENT STANDARDS
for Village of Leask
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
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 (4)
4.12.5
4,000
no min
no min
3.5 (1)
no min
no min
60
(2)
Multiple unit dwellings (apartments)
D
2
185 /
unit
6 / unit
(6)
(3)
(4) (5)
4.5
40 / unit
60
(3)
Multiple unit dwellings (townhouses)
D
2
225 /
unit
18
(3)
(4) (5)
4.5
46 / unit
60
(4)
Secondary suites
D
1
4.12.7
Refer to Special Regulations and Standards Section 4.12
(5)
Semi-detached dwellings
D
1
275 (2)
9 (7)
6
1.2(5) (8)
4.5
46
60
(6)
Single detached dwellings
D
1
3609)
12 (10)
6
1.2 (8)
4.5
70
50
(7)
Street townhouse dwellings
D
2
225
6
6
1.2(5) (8)
4.5
46
60
(8)
Two-unit dwellings
D
1
550 (11)
18 (12)
6
1.2 (8)
4.5
92
50
Commercial Uses
(1)
Adult day care centres - type I
P
14
4.12.1
360 (9)
12 (10)
6
1.2 (8)
4.5
70
50
(2)
Adult day care centres - type II
P
14
4.12.1
360 (9)
12 (10)
6
1.2 (8)
4.5
70
50
(3)
Bed and breakfast homes
D
3
4.12.2
360 (9)
12 (10)
6
1.2 (8)
4.5
70
50
(4)
Clubs
P
5
3.10.4 (3)
225
6
6
3 (1)
4.5
no min
50
(5)
Commercial recreational facilities, including rinks, golf
courses and tourist campgrounds
P
4,15,0
225
6
6
3 (1)
4.5
no min
50
(6)
Daycare centres and preschools
P
16
4.12.4
360 (9)
12 (10)
6
1.2 (8)
4.5
70
50
(7)
Funeral homes
D
17
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
83
(10)
Home based businesses - type II
D
18
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
D
0
4.12.9
no min
no min
3
3
3
no min
no max
(13)
Personal care homes
P
6
4.12.3
360 (9)
12 (10)
6
1.2 (8)
4.5
70
50
(14)
Private schools
P
21
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
360 (9)
12 (10)
6
1.2 (8)
4.5
70
50
(16)
Residential care facilities - type II
P
7
4.12.3
360 (9)
12 (10)
6
1.2 (8)
4.5
70
50
(17)
Restaurants, with or without associated lounges
D
9
3.10.4(9)
225
6
6
3 (1)
4.5
no min
50
Community Service, Government, Recreational, Institutional and Other Uses
(1)
Ambulance stations
P
5
225
6
6
3 (1)
4.5
no min
no max
(2)
Cemeteries
P
0
no min
no min
6
3 (1)
4.5
no min
no max
(3)
Community centres
P
4
225
6
6
3 (1)
4.5
no min
50
(4)
Cultural institutions
P
4
225
6
6
3 (1)
4.5
no min
50
(5)
Custodial care facilities
D
14
4.12.3
360 (9)
12 (10)
6
1.2 (8)
4.5
70
50
(6)
Educational institutions
P
24
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
23
no min
no min
6
3 (1)
4.5
no min
no max
(12)
Public elementary and secondary schools
P
19,20
no min
no min
no min
3 (1)
4.5
no min
no max
(13)
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
(14)
Public recreational facilities
P
5
no min
no min
no min
3 (1)
4.5
no min
no max
(15)
Private schools
P
19,20
No min No min No min
3 (1)
4.5
no min
No max
84
(10)
Home based businesses - type II
D
18
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
D
0
4.12.9
no min
no min
3
3
3
no min
no max
(13)
Personal care homes
P
6
4.12.3
360 (9)
12 (10)
6
1.2 (8)
4.5
70
50
(14)
Private schools
P
21
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
360 (9)
12 (10)
6
1.2 (8)
4.5
70
50
(16)
Residential care facilities - type II
P
7
4.12.3
360 (9)
12 (10)
6
1.2 (8)
4.5
70
50
(17)
Restaurants, with or without associated lounges
D
9
3.10.4(9)
225
6
6
3 (1)
4.5
no min
50
Community Service, Government, Recreational, Institutional and Other Uses
(1)
Ambulance stations
P
5
225
6
6
3 (1)
4.5
no min
no max
(2)
Cemeteries
P
0
no min
no min
6
3 (1)
4.5
no min
no max
(3)
Community centres
P
4
225
6
6
3 (1)
4.5
no min
50
(4)
Cultural institutions
P
4
225
6
6
3 (1)
4.5
no min
50
(5)
Custodial care facilities
D
14
4.12.3
360 (9)
12 (10)
6
1.2 (8)
4.5
70
50
(6)
Educational institutions
P
24
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
23
no min
no min
6
3 (1)
4.5
no min
no max
(12)
Public elementary and secondary schools
P
19,20
no min
no min
no min
3 (1)
4.5
no min
no max
(13)
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
(14)
Public recreational facilities
P
5
no min
no min
no min
3 (1)
4.5
no min
no max
(15)
Private schools
P
19,20
No min No min No min
3 (1)
4.5
no min
No max
Use Designations:
85
(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 6-4 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 square metres per unit
(3)
for multiple unit dwellings up to (and including) three (3) storeys, the minimum front yard requirement shall be 6 metres;
for multiple unit dwellings over three (3) storeys, the minimum front yard requirements shall be 7.5 metres
(4)
for one-storey multiple unit dwellings, the minimum side yard requirement shall be 1.8 metres, unless dwelling is on a corner site, in which case the minimum side yard
requirement shall be 3 metres 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 metres;
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) metres
(5)
except that no side yard is required where a common wall divides two dwelling units
(6)
to a maximum requirement of 21 metres
(7)
unless site is served by a lane, in which case 7.5 square metres
(8)
except for corner sites, where it shall be 3 metres along the flanking street
(9)
unless site is served by a lane, in which case 270 square metres
(10)
unless site is served by a lane, in which case 9 metres
(11)
unless site is served by a lane, in which case 450 square metres
(12)
unless site is served by a lane, in which case 15 metres
86
6.5
C1 - COMMUNITY CENTRE COMMERCIAL DISTRICT
6.5.1 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.
6.5.2 Permitted and Discretionary Uses
Uses are listed and designated in Table 6-4.
6.5.3 Accessory Uses
(1)
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 6-4.
6.5.5 Standards for Discretionary Uses
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.
6.5.6 Exceptions to Development Standards
(1)
Where, on a corner site, a side yard of at least 6 metres is provided along
the flanking street for a single detached dwelling, the minimum rear yard
requirement is reduced to 3 metres.
87
Table 6-5
C1 - COMMUNITY CENTRE COMMERCIAL DEVELOPMENT STANDARDS
for the Village of Leask
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
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(18)
no min
no min
no min
(1)
(2)
no max
(2)
Multiple unit dwellings (including apartments)
D
2
3.10.4 (5)
185 /
unit
6 / unit
(3)
(4)
(5)
no min
60
Commercial Uses
(1)
Bakeries with retail sales
P
0
225
6
no min
(1)
(2)
no max
(2)
Bus terminal
D
0
3.10.4 (1)
4.12.6
225
6
no min
(1)
(2)
no max
(3)
Carwashes
D
22
3.10.4 (1)
225
6
no min
(1)
(2)
no max
(4)
Clubs
P
0
3.10.4 (3)
225
6
no min
(1)
(2)
no max
(5)
Commercial recreation facilities, excluding rinks and golf
courses
P
4,15
225
6
no min
(1)
(2)
no max
(6)
Construction trades
D
4
4.12.6
4.12.8
3.10.4(10)
225
6
no min
(1)
(2)
no max
(7)
Convenience stores, with or without associated gas bars
P
5
225
6
no min
(1)
(2)
no max
(8)
Day Care Centres & Preschools
P
16
4.12.4
225
6
no min
(1)
(2)
no max
(9)
Financial institutions
P
0
225
6
no min
(1)
(2)
no max
(10)
Funeral homes
P
0
225
6
no min
(1)
(2)
no max
(11)
Gas bars, with or without associated convenience stores
D
0
4.12.6
4.12.8
225
6
7.5
(1)
(2)
no max
(12)
Health care clinics
P
0
225
6
no min
(1)
(2)
no max
(13)
Home based businesses - type I
P
0
4.11
Same as home
88
Table 6-5
C1 - COMMUNITY CENTRE COMMERCIAL DEVELOPMENT STANDARDS
for the Village of Leask
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Maximum Site
Coverage (%)
(14)
Home based businesses - type II
P
18
4.11
Same as home
(15)
Hotels
P
10
225
6
no min
(1)
(2)
no max
(16)
Lumber yards, home improvement centres and building supply
establishments
D
11
3.10.4(10)
225
6
no min
(1)
(2)
no max
(17)
Malls
D
5
3.10.4 (7)
225
6
7.5
(1)
(2)
no max
(18)
Medical, dental and optical laboratories
P
0
225
6
no min
(1)
(2)
no max
(19)
Motels
P
10
225
6
no min
(1)
(2)
no max
(20)
Offices and office buildings
P
5
225
6
no min
(1)
(2)
no max
(21)
Parking lots
D
0
4.12.9
225
6
no min
(1)
(2)
no max
(22)
Personal service shops
P
0
225
6
no min
(1)
(2)
no max
(23)
Photography studios
P
0
225
6
no min
(1)
(2)
no max
(24)
Printing plants and newspaper offices
P
0
225
6
no min
(1)
(2)
no max
(25)
Radio and television stations
P
0
225
6
no min
(1)
(2)
no max
(26)
Repair services, restricted to the repair of household goods
and appliances
P
0
225
6
no min
(1)
(2)
no max
(27)
Restaurants, with or without associated lounges
P
0
225
6
no min
(1)
(2)
no max
(28)
Retail stores
P
0
225
6
no min
(1)
(2)
no max
(29)
Service stations
P
0
4.12.6
4.12.10
225
6
7.5
(1)
(2)
no max
(30)
Shopping centres
D
5
3.10.4 (7)
225
6
7.5
(1)
(2)
no max
(31)
Theatres
P
0
225
6
no min
(1)
(2)
no max
(32)
Tourist information centres and booths
P
0
225
6
no min
(1)
(2)
no max
(33)
Undertaking establishments
P
13
225
6
no min
(1)
(2)
no max
89
Table 6-5
C1 - COMMUNITY CENTRE COMMERCIAL DEVELOPMENT STANDARDS
for the Village of Leask
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Maximum Site
Coverage (%)
(34)
Veterinary clinics
P
5
225
6
no min
(1)
(2)
no max
Community Service, Government, Recreational, Institutional and Other Uses
(1)
Cultural institutions
P
0
225
6
no min
(1)
(2)
no max
(2)
Places of worship
P
8
225
6
no min
(1)
(2)
no max
(3)
Public recreational facilities
P
4
no min
no min
no min
(1)
(2)
no 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 6-5 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 metres; 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 metres; otherwise,
no requirements
(3)
to a maximum of 21 metres
(4)
for multiple unit dwellings up to (and including) three (3) storeys, the minimum front yard requirement shall be 6 metres;
for multiple unit dwellings over three (3) storeys, the minimum front yard requirements shall be 7.5 metres
90
(5)
for one-storey multiple unit dwellings, the minimum side yard requirement shall be 1.8 metres, unless dwelling is on a corner site, in which case the minimum side yard
requirement shall be 3 metres 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 metres;
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) metres
91
6.6
C2 - HIGHWAY COMMERCIAL DISTRICT
6.6.1 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.
6.6.2 Permitted and Discretionary Uses
Uses are listed and designated in Table 6-6.
6.6.3 Accessory Uses
(1)
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 6-6.
6.6.5 Standards for Discretionary Uses
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.
6.6.6 Exceptions to Development Standards
92
Table 6-6
C2 - HIGHWAY COMMERCIAL DISTRICT DEVELOPMENT STANDARDS
for the Village of Leask
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Residential Uses
(1)
Dwelling units accessory to permitted uses and integrated as part of
principal buildings, for the use of caretakers, owners or managers
D
1
(1)
3.10.4(18)
(1)
(1)
(1)
(1)
(1)
(2)
Temporary Work Camps
D
1
600
20
6
3
(2)
Commercial and Industrial Uses
(1)
Animal hospitals
P
5
600
20
6
3
(2)
(2)
Auto body shops
D
5
3.10.4(10)
600
20
6
3
(2)
(3)
Automobiles,
marine,
recreational
vehicle
and
equipment,
agricultural equipment and mobile home sales and service
establishments
P
5
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
9
600
20
6
3
(2)
(6)
Bulk fuel dealers
D
5
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
22
600
20
6
3
(2)
(9)
Commercial recreational facilities
P
4,15
600
20
6
3
(2)
(10)
Construction trades
D
5
3.10.4(11)
600
20
6
3
(2)
(11)
Convenience stores, with or without associated gas bars
P
5
4.12.6
4.12.8
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)
93
Table 6-6
C2 - HIGHWAY COMMERCIAL DISTRICT DEVELOPMENT STANDARDS
for the Village of Leask
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
(14)
Freight handling facilities
D
5
3.10.4(11)
600
20
6
3
(2)
(15)
Funeral homes
P
17
600
20
6
3
(2)
(16)
Gas bars, with or without associated convenience stores
P
4
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
10
600
20
6
3
(2)
(19)
Indoor storage rental facilities
D
12
3.10.4(13)
600
20
6
3
(2)
(20)
Light industrial uses
D
12
3.10.4(11)
600
20
6
3
(2)
(21)
Lumber yards, home improvement centres and building supply
establishments
P
11
600
20
6
3
(2)
(22)
Miniature golf courses
P
5
600
20
6
3
(2)
(23)
Motels
P
10
1600
20
7.5
3
(2)
(24)
Night clubs
D
5
3.10.4 (6)
600
20
6
3
(2)
(25)
Nurseries, greenhouses and garden centres
P
4
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)
(29)
Public garages
P
4
600
20
6
3
(2)
(30)
Recycling collection depots
D
12
3.10.4(13)
600
20
6
3
(2)
(31)
Rental stores
P
4
600
20
6
3
(2)
(32)
Repair services, restricted to the repair of household goods and
appliances
P
5
600
20
6
3
(2)
94
Table 6-6
C2 - HIGHWAY COMMERCIAL DISTRICT DEVELOPMENT STANDARDS
for the Village of Leask
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
(33)
Restaurants, with associated lounges
D
9
3.10.4 (6)
600
20
6
3
(2)
(34)
Restaurants, without associated lounges
P
9
600
20
6
3
(2)
(35)
Retail stores
P
5
600
20
6
3
(2)
(36)
Service stations
P
11
4.12.6
4.12.10
600
20
6
3
(2)
(37)
Storage garages
D
4
3.10.4(13)
600
20
6
3
(38)
Taverns
D
9
3.10.4(6)
600
20
6
3
(2)
(39)
Taxidermy and accessory tanning of hides
D
5
3.10.4(11)
600
20
6
3
(2)
(40)
Tourist campgrounds
D
5
3.10.4(14)
600
20
6
3
(2)
(41)
Tourist information centres and booths
P
5
600
20
6
3
(2)
(42)
Trucking operations
D
11
4.12.6
600
20
6
3
(2)
(43)
Veterinary clinics
P
5
600
20
6
3
(2)
(44)
Warehouses
D
12
3.10.4(11)
600
20
6
3
(2)
(45)
Welding and machine shops
D
11
3.10.4(11)
600
20
6
3
(2)
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Ambulance stations
D
5
3.10.4(8)
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(3)
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
5
no min
no min
no min
no min
no min
95
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 6.6.5 and others as required by Council and/or contained in this Bylaw.
Special limitation and standards regarding Table 6-6 and the C2 - Highway 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
96
6.7
MU - MIXED USE DISTRICT
6.7.1 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.
6.7.2 Permitted and Discretionary Uses
Uses are listed and designated in Table 6-7.
6.7.3 Accessory Uses
(1)
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.
6.7.5 Standards for Discretionary Uses
Council will consider discretionary use applications in the MU - Mixed Use
District with respect to Section 3.10.3 Discretionary Use - General Evaluation
Criteria and to Section 3.10.4 Discretionary Use - Specific Evaluation Criteria and
to additional evaluation criteria and development standards that follows in this
section.
(1)
Discretionary residential uses are subject to the following criteria:
(a)
Dwellings shall maintain the mixed use character, density and
purpose of the MU - Mixed Use district; and,
(b)
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;
97
and, veterinary clinics are subject to the following criteria:
(a)
The location of the use will only be favourably considered where it
can be demonstrated that the use will have a minimal impact on the
amenity of the MU - Mixed Use District and adjacent residential
areas and that these areas will not be unreasonably compromised;
and,
(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.
(4)
Community service uses subject to Section 3.10.4 (3).
(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.
6.7.6 Exceptions to Development Standards
(1)
Where, on a corner site, a side yard of at least 6 metres is provided along
the flanking street for a single detached dwelling, the minimum rear yard
requirement is reduced to 3 metres.
98
Table 6-7
MU - MIXED USE DISTRICT DEVELOPMENT STANDARDS
for the Village of Leask
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
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(4)
4.12.5
4000
no min
no min
3.5 (14)
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
185 /
unit
6 / unit
(7)
6
(9)(10)
no min
40 / unit
60
(4)
Multiple unit dwelling (townhouses)
P
2
225 /
unit
18
6
(9)(10)
no min
46 / unit
60
(5)
Secondary, garden and garage suites
D
1
4.8.10
Refer to Section 4.8.10
(6)
Semi-detached dwellings
D
1
275 (5)
9 (6)
6
1.2
(1)(10)
4.5
46
60
(7)
Single detached dwellings
D
1
360 (11)
12 (12)
6
1.2 (1)
4.5
70
50
(8)
Street townhouse dwellings
P
2
225
6
6
(9) (10)
no min
46 / unit
60
(9)
Two unit dwellings
D
1
550 (13)
18 (8)
6
1.2 (1)
4.5
92
50
(5)
Park Model Homes
P
1
360 (1)
12(2)
6
1.2 (3)
4.5
30
50
Commercial Uses
(1)
Adult daycare - types I and II
P
14
4.12.1
360 (11)
12 (12)
6
1.2 (1)
4.5
70
50
(2)
Bakeries with retail sales
P
0
225
6
no min
(2)
(3)
no min
no max
(3)
Bed and breakfast homes
D
3
4.12.2
360 (11)
12 (12)
6
1.2(1)
4.5
70
50
(4)
Clubs
P
5
225
6
no min
(2)
(3)
no min
no max
(5)
Commercial recreation facilities, excluding rinks and golf
courses
D
4,15
3.10.4(3)
225
6
no min
(2)
(3)
no min
no max
(6)
Convenience stores, with or without associated gas bars
P
0
225
6
no min
(2)
(3)
no min
no max
99
Table 6-7
MU - MIXED USE DISTRICT DEVELOPMENT STANDARDS
for the Village of Leask
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
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 (%)
(7)
Daycare centres and preschools
P
16
4.12.4
225
6
no min
(2)
(3)
no min
no max
(8)
Financial institutions
D
0
225
6
no min
(2)
(3)
no min
no max
(9)
Gas bars, with or without associated convenience stores
P
0
4.12.6
4.12.8
225
6
no min
(2)
(3)
no min
no max
(10)
Healthcare centres
P
0
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
18
4.11
Same as home
(13)
Laundromats
D
5
3.10.4(15)
225
6
no min
(2)
(3)
no min
no max
(14)
Medical, dental and optical laboratories
P
0
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 min
(17)
Personal care homes
P
6
4.12.3
360 (11)
12 (12)
6
1.2 (1)
4.5
70
50
(18)
Personal service shops
P
0
225
6
no min
(2)
(3)
no min
no max
(19)
Photographer studios
P
0
225
6
no min
(2)
(3)
no min
no max
(20)
Repair services, restricted to the repair of household goods
and appliances
P
0
225
6
no min
(2)
(3)
no min
no max
(21)
Residential care facilities
P
7
4.12.3
360 (11)
12 (12)
6
1.2(1)
4.5
70
50
(22)
Restaurants, without associated lounges
D
9
3.10.4(6)
225
6
no min
(2)
(3)
no min
no max
(23)
Retail stores
D
0
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(8)
225
6
6
(2)
(3)
no min
no max
100
Table 6-7
MU - MIXED USE DISTRICT DEVELOPMENT STANDARDS
for the Village of Leask
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
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 (%)
(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)
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 recreational facilities
D
4
3.10.4(3)
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 6-7 and the MU - Mixed Use District:
(1)
except for corner sites, which shall be 3 metres 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 metres; 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 metres; 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 square metres
(5)
unless site is served by a lane, in which case 225 square metres per unit
(6)
unless site is served by a lane, in which case 7.5 metres
(7)
to a maximum of 21 metres
(8)
unless site is served by a lane, in which case 15 metres
(9)
for one-storey multiple unit dwellings, the minimum side yard requirement shall be 1.8 metres, unless dwelling is on a corner site, in which case the minimum side yard
requirement shall be 3 metres 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 metres;
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) metres
(10)
except that no side yard is required where a common wall divides two dwelling units
101
(11)
unless site is served by a lane, in which case 270 square metres
(12)
unless site is served by a lane, in which case 9 metres
(13)
unless site is served by a lane, in which case 450 square metres
(14)
or ½ of the building height, whichever is greater
102
6.8
M - INDUSTRIAL DISTRICT
6.8.1 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.
6.8.2 Permitted and Discretionary Uses
Uses are listed and designated in Table 6-8.
6.8.3 Accessory Uses
(1)
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.
6.8.5 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:
(a)
The location of the use will only be favourably considered where it
can be demonstrated that the use and intensity is appropriate to the
site and that it will have a minimal impact on the surrounding,
adjacent areas. Consideration may be given, but is not limited, to
the following effects:
i)
municipal servicing capacity;
ii)
anticipated levels of noise, odour, smoke, fumes, dust,
lighting, glare, vibration or other emissions emanating from
the operation;
iii)
anticipated increased levels or types of vehicle traffic,
unsafe conditions or situations for vehicles, cyclists or
pedestrians; and/or,
103
iv)
utilization of hazardous substances.
6.8.6 Exceptions to Development Standards
104
Table 6-8
M - INDUSTRIAL DISTRICT DEVELOPMENT STANDARDS
for the Village of Leask
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
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(18)
(1)
(1)
(1)
(1)
(1)
Commercial and Industrial Uses
(1)
Animal hospitals
P
5
1,100
30
6
3 (3)(4)
(2)
(2)
Auction markets, excluding livestock auction facilities
P
4
1,100
30
6
(2)
(3)
Automobile, marine, recreational vehicle, and equipment, agricultural
equipment and mobile home sales and service establishments
P
5
4.12.6
1,100
30
6
3 (3)(4)
(2)
(4)
Bulk fertilizer operations
D
12
3.10.4(21)
1,100
30
6
3 (3)(4)
(2)
(5)
Bulk fuel dealerships and storage
D
5
3.10.4(21)
1,100
30
6
3 (3)(4)
(2)
(6)
Cement and concrete plants
P
4
1,100
30
6
3 (3)(4)
(2)
(7)
Consignment centres
P
4
1,100
30
6
3 (3)(4)
(2)
(8)
Construction trades
P
4
1,100
30
6
3 (3)(4)
(2)
(9)
Foundry works and boiler works
D
4
1,100
30
6
3 (3)(4)
(2)
(10)
Gas bars
P
4
4.12.6
4.12.8
1,100
30
6
3 (3)(4)
(2)
(11)
General industrial uses (see, Use, General Industrial in Section 2)
P
4
1,100
30
6
3 (3)(4)
(2)
(12)
Junk, salvage, and auto wrecker yards
D
11
3.10.4(19)
1,100
30
6
3 (3)(4)
(2)
(13)
Livestock auction facilities
D
4
3.10.4(22)
1,100
30
6
3 (3)(4)
(2)
(14)
Lumber yards and building supply establishments
P
11
1,100
30
6
3 (3)(4)
(2)
(15)
Nurseries, greenhouses and garden centres
P
4
1,100
30
6
3 (3)(4)
(2)
(16)
Parking lots
P
0
1,100
30
6
3 (3)(4)
(2)
(17)
Public garages
P
4
1,100
30
6
3 (3)(4)
(2)
105
Table 6-8
M - INDUSTRIAL DISTRICT DEVELOPMENT STANDARDS
for the Village of Leask
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
(18)
Sand and gravel operations
D
11
1,100
30
6
3 (3)(4)
(2)
(19)
Seed cleaning plants and feed mills
D
11
1,100
30
6
3 (3)(4)
(2)
(20)
Service stations
P
11
4.12.6
4.12.10
1,100
30
6
3 (3)(4)
(2)
(21)
Stockyards
D
11
1,100
30
6
3 (3)(4)
(2)
(22)
Towers
D
0
1,100
30
6
3 (3)(4)
(2)
(23)
Veterinary clinics
P
5
1,100
30
6
3 (3)(4)
(2)
(24)
Warehouses
P
12
1,100
30
6
3 (3)(4)
(2)
(25)
Wholesale establishments
P
4
1,100
30
6
3 (3)(4)
(2)
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Municipal facilities
P
0
no min
no min
no min
no min
no max
(2)
Parks
P
0
no min
no min
no min
no min
no min
(3)
Public works, excluding sewage lagoons
P
0
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
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 6-8 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
106
(3)
except in the case of corner sites, in which case 4.5 metres 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.
107
6.9
PR - PARKS AND RECREATION DISTRICT
6.9.1 Purpose
The objective of the PR - Parks and Recreation District is to provide for parks and
recreation development 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
(1)
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.
6.9.5 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.
6.9.6 Exceptions to Development Standards
108
Table 6-9
PR - PARKS AND RECREATION DISTRICT DEVELOPMENT STANDARDS
for the Village of Leask
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Agricultural Uses
(1)
Intensive agricultural uses, including vegetable and fruit
production, and excluding both operations relating to the raising
of livestock and/or other animals, and operations carried on
partially or entirely within buildings.
D
4
3.10.4(17)
1,000
30
6
3 (1)
6 (2)
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Community centres
D
4
3.10.4 (3)
450
15
6
3 (1)
6 (2)
(2)
Cultural institutions
D
4
3.10.4 (3)
450
15
6
3 (1)
6 (2)
(3)
Golf courses
D
0
3.10.4 (3)
no min
no min
no min
3 (1)
6 (2)
(4)
Municipal facilities
P
0
no min
no min
no min
no min
no min
(5)
Nature interpretation trails and associated facilities
P
0
no min
no min
no min
3 (1)
6 (2)
(6)
Public works, excluding sewage lagoons
P
0
no min
no min
no min
no min
6 (2)
(7)
Public recreation facilities
D
5
3.10.4 (3)
no min
no min
no min
3 (1)
6 (2)
(8)
Sports fields, parks and playgrounds
P
0
no min
no min
no min
3 (1)
6 (2)
(9)
Tourist information centres and booths
D
5
3.10.4 (3)
225
6
no min
3 (1)
6 (2)
(10)
Tourist campgrounds
D
5
3.10.4 (3)
1,000
30
6
3 (1)
6 (2)
(11)
Walking, hiking and/or ski trails and associated facilities
P
0
no min
no min
no min
3 (1)
6 (2)
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 6-9 and the PR - Parks and Recreation District:
(1)
or ½ the building height, whichever is greater
(2)
or 10% of the depth of the site, whichever is greater
109
6.10 FUD - FUTURE URBAN DEVELOPMENT DISTRICT
6.10.1 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.
6.10.2 Permitted and Discretionary Uses
Uses are listed and designated in Table 6-10.
6.10.3 Accessory Uses
(1)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 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.
6.10.61
Exceptions to Development Standards
110
Table 6-10
FUD - FUTURE URBAN DEVELOPMENT DISTRICT DEVELOPMENT STANDARDS
for the Village of Leask
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
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
1
360 (1)
12 (2)
6
1.2 (3)
4.5
70
50
Agricultural Uses
(1)
Agricultural uses including crop farming, grazing and
pasturage and cultivation of land, but not including intensive
livestock or poultry operations
P
0
5000
15
6
6
6
no min
40
(2)
Nurseries, greenhouses and garden centres
D
4
5000
15
6
6
6
no min
40
(3)
Agricultural fair grounds
D
12
5000
15
6
6
6
no min
40
Commercial Uses
(1)
Home based business - type I
P
0
4.11
Same as home
(2)
Home based business - type II
D
18
4.11
Same as home
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Golf courses
D
0
3.10.4(16)
5000
15
6
6
6
no min
no max
(2)
Municipal facilities
P
0
no min
no min
no min
no min
no min
no min
no min
(3)
Public works, excluding sewage lagoons
P
0
no min
no min
no min
no min
3
no min
no min
(4)
Radio, television and telecommunications towers and
ancillary facilities
D
0
no min
no min
3
3
3
no min
no max
(5)
Sand and gravel operations
D
0
5000
15
6
6
6
no min
no max
(6)
Sports fields, parks and playgrounds
P
0
no min
no min
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
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.
111
Special limitation and standards regarding Table 6-10 and the FUD - Future Use Development District:
(1)
unless site is served by a lane, in which case 270 square metres
(2)
unless site is served by a lane, in which case 9 metres
(3)
except for corner sites, which shall be 3 metres along flanking street
112
SECTION 7 MAPS