This is the exact embedded text of the captured official document.
Snapshot cbba01eee393 · verified 2026-06-13 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
TOWN OF MAIDSTONE
TOWN OF MAIDSTONE
TOWN OF MAIDSTONE
TOWN OF MAIDSTONE
ZONING BYLAW
ZONING BYLAW
ZONING BYLAW
ZONING BYLAW
Prepared for:
THE TOWN OF MAIDSTONE
Prepared by:
CROSBY HANNA & ASSOCIATES
LANDSCAPE ARCHITECTURE AND PLANNING
SASKATOON, SK
July 2012
THE TOWN OF MAIDSTONE
ZONING BYLAW
A Bylaw of the Town of Maidstone to adopt a Zoning Bylaw.
The Council of the Town of Maidstone, in the Province of Saskatchewan, in open meeting assembled enacts
as follows:
(1)
Pursuant to Section 34(1) of The Planning and Development Act, 2007 the Council of the Town of
Maidstone hereby adopts the Town of Maidstone Bylaw, identified as Schedule "A" to this Bylaw.
(2)
The Mayor and Town Administrator are hereby authorized to sign and seal Schedule "A" which is
attached to and forms part of this Bylaw.
(3)
Bylaw No. 2-87, the Zoning Bylaw, and all amendments thereto, are hereby repealed.
(4)
This Bylaw shall come into force on the date of final approval by the Minister of Government
Relations.
Read a First Time the
day of
,
Read a Second Time the
day of
,
Read a Third Time the
day of
,
Adoption of this Bylaw this day of
,
SEAL
(Mayor)
(Town Administrator)
Certified a True Copy of the Bylaw adopted by Resolution of Council
On the day of , of the year
(signature) , (date)
A Commissioner for Oaths in the Province of Saskatchewan
My appointment expires
THE TOWN OF MAIDSTONE
ZONING BYLAW
Being Schedule "A" to Bylaw No.
of the Town of Maidstone
SEAL
(Mayor)
(Town Administrator)
TABLE OF CONTENTS
Section 1
Section 1
Section 1
Section 1
Introduction
Introduction
Introduction
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1
1.1
TITLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.2
SCOPE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.3
SEVERABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Section 2
Section 2
Section 2
Section 2
Interpretation
Interpretation
Interpretation
Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Section 3
Section 3
Section 3
Section 3
Administration
Administration
Administration
Administration
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
29
29
29
29
3.1
DEVELOPMENT OFFICER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
3.2
DEVELOPMENT PERMIT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
3.3
DEVELOPMENT PERMIT APPLICATION REQUIREMENTS . . . . . . . . . . . . . . . . 30
3.4
DEVELOPMENT PERMIT APPLICATION PROCESS . . . . . . . . . . . . . . . . . . . . . . . 31
3.5
DEVELOPMENT PERMIT APPLICATION FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
3.6
DEVELOPMENT APPEALS BOARD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
3.12
ZONING COMPLIANCE, OFFENCES AND PENALTIES . . . . . . . . . . . . . . . . . . . . 45
Section 4
Section 4
Section 4
Section 4
General Regulations
General Regulations
General Regulations
General Regulations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
47
47
47
47
4.1
LICENCES, PERMITS AND COMPLIANCE WITH OTHER BYLAWS AND
LEGISLATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
4.2
BUILDING LINES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
4.3
NUMBER OF PRINCIPAL BUILDINGS PERMITTED ON A SITE . . . . . . . . . . . . . 47
4.4
HEIGHT RESTRICTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
4.5
VISIBILITY CLEARANCE AT INTERSECTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . 47
4.6
REQUIRED YARDS AND OPEN SPACE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
4.7
FENCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
4.8
ACCESSORY BUILDINGS AND STRUCTURES . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
4.9
OFF STREET PARKING AND LOADING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
4.10
SIGNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
4.11
HOME-BASED BUSINESSES - Type I and Type II . . . . . . . . . . . . . . . . . . . . . . . . . . 74
4.12
SPECIAL REGULATIONS AND STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
4.13
SERVICING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
4.14
STORAGE OF MATERIALS AND UNLICENSED OR INOPERATIVE MOTOR
VEHICLES IN RESIDENTIAL DISTRICTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
4.15
DEVELOPMENT ON HAZARD LANDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
4.16
BUILDINGS OR USES OCCUPYING MORE THAN ONE LOT . . . . . . . . . . . . . . . 84
4.17
EXISTING NONCONFORMING BUILDINGS AND SITES . . . . . . . . . . . . . . . . . . . 84
4.18
FRONTAGE ON ROAD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
4.19
BUILDING TO BE MOVED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
4.20
DEMOLITION OF BUILDINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
4.21
GRADING AND LEVELLING OF SITES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
4.22
GARAGE AND YARD SALES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
4.23
WATER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
4.24
PROHIBITED USES IN ALL DISTRICTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
4.25
BARE LAND CONDOMINIUMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Section 5
Section 5
Section 5
Section 5
Zoning Districts
Zoning Districts
Zoning Districts
Zoning Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
86
86
86
86
5.1
CLASSIFICATION OF ZONING DISTRICTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
5.2
THE ZONING DISTRICT MAP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
5.3
BOUNDARIES OF ZONING DISTRICTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
5.4
ZONING DISTRICTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
5.5
PROPERTIES WITH MORE THAN ONE ZONING DISTRICT . . . . . . . . . . . . . . . . 87
Section 6
Section 6
Section 6
Section 6
District Schedules
District Schedules
District Schedules
District Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
88
88
88
88
6.1
R1 - LOW DENSITY RESIDENTIAL DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
6.2
R2 - MEDIUM DENSITY RESIDENTIAL DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . 91
6.3
RMH - MOBILE HOME RESIDENTIAL DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . 95
6.4
CS - COMMUNITY SERVICE DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
6.5
C1 - COMMUNITY CENTRE COMMERCIAL DISTRICT . . . . . . . . . . . . . . . . . . . 102
6.6
C2 - HIGHWAY COMMERCIAL DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
6.7
MU - MIXED USE DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
6.8
M - INDUSTRIAL DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
6.9
PR - PARKS AND RECREATION DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
6.10
FUD - FUTURE URBAN DEVELOPMENT DISTRICT . . . . . . . . . . . . . . . . . . . . . 121
Section 7
Section 7
Section 7
Section 7
Maps
Maps
Maps
Maps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
124
124
124
LIST OF TABLES
Table 4-1
PARKING AND LOADING SPACE DIMENSION REQUIREMENTS . . . . . . . . . . . . 58
Table 4-2
OFF-STREET PARKING REQUIREMENTS IN RESIDENTIAL AND COMMUNITY
SERVICE DISTRICTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Table 4-3
OFF-STREET PARKING REQUIREMENTS IN COMMERCIAL DISTRICTS . . . . . 63
Table 4-4
OFF-STREET PARKING REQUIREMENTS IN MIXED USE DISTRICTS . . . . . . . . 66
Table 4-5
OFF-STREET PARKING REQUIREMENTS IN INDUSTRIAL DISTRICTS . . . . . . . 67
Table 4-6
OFF-STREET PARKING REQUIREMENTS IN INDUSTRIAL DISTRICTS . . . . . . . 68
Table 4-7
SIGN REGULATIONS IN PARKS AND RECREATION, FUTURE URBAN
DEVELOPMENT AND RESIDENTIAL DISTRICTS . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Table 4-8
SIGN REGULATIONS IN COMMUNITY SERVICE AND MIXED USE DISTRICTS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Table 4-9
SIGN REGULATIONS IN COMMERCIAL AND INDUSTRIAL DISTRICTS . . . . . . 74
Table 6-1
R1 - LOW DENSITY RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
Table 6-2
R2 - MEDIUM DENSITY RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Table 6-3
RMH - MOBILE HOME RESIDENTIAL DEVELOPMENT STANDARDS . . . . . . . . 96
Table 6-4
CS - COMMUNITY SERVICE DISTRICT DEVELOPMENT STANDARDS . . . . . . 99
Table 6-5
C1 - COMMUNITY CENTRE COMMERCIAL DEVELOPMENT STANDARDS . . 103
Table 6-6
C2 - HIGHWAY COMMERCIAL DISTRICT DEVELOPMENT STANDARDS . . . 107
Table 6-7
MU - MIXED USE DISTRICT DEVELOPMENT STANDARDS . . . . . . . . . . . . . . . 112
Table 6-8
M - INDUSTRIAL DISTRICT DEVELOPMENT STANDARDS . . . . . . . . . . . . . . . . 117
Table 6-9
PR - PARKS AND RECREATION DISTRICT DEVELOPMENT STANDARDS . . 120
Table 6-10
FUD - FUTURE URBAN DEVELOPMENT DISTRICT DEVELOPMENT STANDARDS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
1
SECTION 1
INTRODUCTION
Under the authority of The Planning and Development Act, 2007, and Bylaw No. ________, the
Official Community Plan of the Town of Maidstone, the Council of the Town of Maidstone in the
Province of Saskatchewan, in open meeting, hereby enact as follows:
1.1
TITLE
This Bylaw shall be known and may be cited as the Zoning Bylaw of the Town of Maidstone.
1.2
SCOPE
Development shall be permitted within the limits of the Town of Maidstone 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 Town of Maidstone.
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 Town of Maidstone 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 Town of Maidstone
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.
5
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 Town of Maidstone.
Cultural Institution - Shall mean an establishment such as a museum, art gallery, library and
similar facilities of historical, educational or cultural interest.
6
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.
7
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.
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.
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 at least one
other dwelling unit, 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.
8
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.
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.
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.
BUILDING
SIGN
GRADE LEVEL
a
FIGURE 2-2: Calculation of Sign Face Area
SIGN
b
a
b
sign face area = a x b
10
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.
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.
Frontage - Shall mean the side of a site abutting a street and, in the case of a corner site, the shorter
of the sides is the frontage.
Fuel Storage Tank, Above Ground - Shall mean a storage tank, any portion of which is above
grade and containing gasoline, diesel fuel, or propane for retail sale or dispensing into motor
vehicles.
Garden Suite - shall mean a detached single unit dwelling which is temporarily located on the same
site as an existing dwelling unit to provide accommodation for a specific person or persons who are
physically dependent on the residents of the existing dwelling unit or to provide accommodations
for a caregiver of whom a specific person or persons residing in the existing dwelling unit is
physically dependent.
Garage, Private - Shall mean a garage used for storage purposes only, where no business,
occupation or service is conducted for gain, other than an approved home based business, and in
which no space is rented for commercial vehicles to a non-resident of the premises.
Garage, Public -Shall mean any garage available to the public, operated for gain, and which is used
for repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor
vehicles, including painting, body work and major repairs.
Garage, Storage - Shall mean a garage exclusively used for the storage of motor vehicles and where
no repair facilities are maintained.
11
Gas Bar - Shall mean a building or facility used for the retail sale of motor vehicle fuels from fixed
pumps.
Grade Level - Shall mean the average level of the finished surface of the ground adjacent to the
exterior walls of the building or structure. In the case of one-unit dwellings, two-unit dwellings and
semi-detached dwellings with a walk-out basement, grade level shall be the average elevation of the
finished surface of the ground adjacent to the side walls of the building.
Hazard Land - Shall mean land which is subject to flooding, ponding, subsidence, landslides or
erosion.
Hazardous Material - Shall mean any product, substance or organism which, because of its
quantity, concentration or risk of spill, or its physical, chemical or infectious characteristics, either
individually or in combination with other substances, is an existing or potential threat to the physical
environment, to human health or to living organisms, including but not limited to:
(a)
Corrosives;
(b)
Explosives;
(c)
Flammable and combustible liquids;
(d)
Flammable solids; substances liable to spontaneous combustion; substances that on contact
with water emit flammable gases;
(e)
Gases, compressed, deeply refrigerated, liquified or dissolved under pressure;
(f)
Oxidizing substances; organic peroxides;
(g)
Poisonous (toxic) or infectious substances;
(h)
Radioactive materials;
(i)
Waste Dangerous Materials; and/or,
(j)
Any other environmentally hazardous substance.
Health Care Clinic - Shall mean a facility or institution engaged in the provision of services for
health maintenance, diagnosis or treatment of human pain, injury or other physical condition on an
out-patient basis.
Home Based Business - Shall mean an accessory use of a dwelling unit by a resident of the dwelling
for a business which is secondary and incidental to the primary use of the dwelling as a residence,
and does not change the residential character of the buildings or site.
Home Based Business - Type I - Shall mean a home based business owned and operated by a
resident or residents of the dwelling unit.
Home Based Business - Type II - Shall mean a home based business owned and operated by a
resident or residents of the dwelling unit, but where no more than one non-resident person may be
employed on the site.
Hotel - Shall mean a building or part of a building used as a place for sleeping accommodation with
12
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.
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.
13
Mayor - Shall mean the Mayor of the Town of Maidstone.
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.
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.
14
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 Town of Maidstone.
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.
15
Non-Conforming Site - Shall mean a site, consisting of one or more contiguous parcels, to which
all required permits have been issued on the date that this Bylaw or any amendment to the Bylaw
becomes effective, contains a use that conforms to the Bylaw, but the site area or site dimensions do
not conform to the standards of the Bylaw for that use.
Non-Conforming Use - Shall mean a lawful specific use:
(a)
being made of land or a building or intended to be made of a land or of a building lawfully
under construction, or in respect to which all required permits have been issued, on the date
this Bylaw or any amendment hereto becomes effective; and,
(b)
that on the date this Bylaw or any amendment hereto becomes effective does not, or in the
case of a building under construction or in respect of which all required permits have been
issued, will not comply with this Bylaw.
Office and Office Building - Shall mean a building or part of a building used primarily for
conducting the affairs of a business, profession, service, industry, or government in which no goods
or commodities of business or trade are stored, transhipped, sold or processed.
Official Community Plan - Shall mean the Official Community Plan for the Town of Maidstone.
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.
16
Photography Studio - Shall mean a place used for portrait or commercial photography, including
the developing and processing of film, and the repair or maintenance of photographic equipment.
Place of Worship - Shall mean a place used for worship and related religious, philanthropic or social
activities and includes accessory rectories, manses, meeting rooms and other buildings. Typical uses
include churches, chapels, mosques, temples, synagogues and parish halls.
Preschool - Shall mean a facility which provides a program for preschool aged children.
Public Hospital - Shall mean a hospital operated by the Regional Health Authority.
Public Utility - Shall mean a government, municipality or corporation under Federal or Provincial
statute which operates a public work.
Public Work - Shall include:
(a)
systems for the production, distribution or transmission of electricity;
(b)
systems for the distribution, storage or transmission of natural gas or oil;
(c)
facilities for the storage, transmission, treatment, distribution or supply of water; and/or,
(d)
facilities for the collection, treatment, movement or disposal of sanitary sewage.
(e)
telephone, internet, cable television or light distribution or transmission lines; and,
(f)
facilities for the collection, storage, movement and disposal of storm drainage.
Recreational Facility, Commercial - Shall mean a recreation or amusement facility operated as a
business and open to the general public for a fee.
Recreational Facility, Public - Shall mean a recreation or amusement facility operated by the
province, municipality, or a non-profit organization and open to the general public.
Recreation Vehicle - Shall mean a unit intended to provide temporary living accommodation for
campers or travellers; built as part of, or to be towed by, a motor vehicle; and includes truck
campers, motor homes, tent trailers and travel trailers.
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.
17
Residential Care Facility - Type I - Shall mean a residential care facility in which the number of
residents, excluding staff, does not exceed four.
Residential Care Facility - Type II - Shall mean a residential care facility in which the number of
residents, excluding staff, is more than four.
Restaurant - Shall mean a place where food and beverages are prepared and served to patrons seated
at tables or counters, in a motor vehicle on the premises, or for off-site consumption, and may
include a drive-through service window.
Retail Store - Shall mean a place where goods, wares, or merchandise are offered for sale or rent,
and may include the manufacturing of products to be sold on site, provided the gross floor area used
for manufacturing does not exceed 25% of the gross floor area of the retail store.
Rooming House - Shall mean a building that contains more than one rooming unit, including a
boarding or lodging house.
Rooming Unit - Shall mean a room or rooms for accommodation, other than a dwelling unit or other
form of accommodation defined elsewhere defined elsewhere in this Bylaw, with sleeping facilities
but without private toilet facilities.
Safe Building Elevation (S.B.E.) - Shall mean the level defined by the Ministry of Government
Relations 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.
School, Public - Shall mean a facility which meets Provincial requirements for elementary or
secondary education, and which secures the majority of its funding from taxation.
Screening - Shall mean a fence, wall, berm or planted vegetation located so as to visually shield or
obscure one abutting area of use from another.
Service Station - Shall mean a place where petroleum products are kept for retail sales for
automobiles and other motor vehicles and where repairs, rental, servicing, greasing, adjusting or
equipping of automobiles or other motor vehicles may be performed, but not including painting,
body work and major repairs.
18
Shipping Containers - Shall mean a prefabricated metal container or box specifically constructed
for the transport of goods by rail, ship or transport truck.
Shopping Centre - Shall mean a building, or group of buildings, located on the same site and
managed as a single unit, in which individual spaces are leased to permitted or discretionary
commercial uses for their mutual benefit, including the use of off-street parking and other joint
facilities.
Sight Triangle - Shall mean the triangular area formed, on corner sites, by the intersecting front and
side site lines at a street intersection and the straight line joining said site lines at points which are
a measured distance along said site lines (refer to Figure 2-3).
Sign - Shall mean any device, letters, figures, symbols, emblems, or pictures which are affixed to,
or represented directly or indirectly upon a building or structure, which identify or advertise any
object, product, place, activity, person, organization or business; and which is visible on a street or
public thoroughfare.
Sign, Awning - Shall mean a sign made from canvas, plastic or similar non-rigid material affixed
to a frame and attached to a building wall (refer to Figure 2-4(a)).
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)).
7.6 m
7.6 m
FRONT SITE LINE
STREET
SIDE SITE LINE
STREET
SIGHT
TRIANGLE
FIGURE 2-3: Sight Triangle
sign message
sign message
AWNING SIGN
FIGURE 2-4(a): Illustration of Awning Sign
sign message
sign message
CANOPY SIGN
FIGURE 2-4(b): Illustration of a Canopy Sign
PORTABLE SIGN
maximum sign face
area = 6m²
PORTABLE SIGN
maximum sign face
area = 6m²
FIGURE 2-4(c): Illustration of Portable Signs
BUILDING
SIGN
GRADE LEVEL
Greater than
0.25 m
FIGURE 2-4(d): Illustration of a
Projecting Sign
24
Sign, Roof - Shall mean a sign that is mounted on the roof of a building, or which is wholly
dependent upon a building for support and which projects above the point of a building with a flat
roof, the eave line of a building with a gambrel, gable or hip roof or the deck line of a building with
a mansard roof.
Sign, Temporary - Shall mean a removable sign erected for a period of time not exceeding six
months.
Site - Shall mean one or more contiguous lots under one ownership and used, or intended to be used,
by a single principal use or principal building.
Site, Corner - Shall mean a site at the intersection of two or more streets (refer to Figure 2-5).
Site, Interior - Shall mean a site other than a corner site.
Site Coverage - Shall mean that portion of the site that is covered by principal and accessory
buildings.
Site Line, Front - Shall mean the line that divides the site from the street. In the case of a corner
site, the front site line shall mean the line separating the narrowest street frontage of the site from
the street.
Site Line, Rear - Shall mean the line at the rear of the site and opposite the front site line.
Site Line, Side - Shall mean a site line other than a front or rear site line.
Site, Through - Shall mean a site not more than one lot in depth, having a frontage on two streets
more or less parallel (refer to Figure 2-5).
Site Width - Shall mean for rectangular sites, the horizontal distance between the side boundaries
of the site measured along the front site line. For non-rectangular sites, the average of the horizontal
distances between the side boundaries of the site measured along the front and rear site lines (refer
to Figure 2-6).
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.
Corner Site
Corner Site
Through Site
Interior Site
Interior Site
Interior Site
Interior Site
Corner Site
Corner Site
STREET
STREET
STREET
STREET
FIGURE 2-5: Illustration of Site Definition
b
EXTERIOR SIDE LOT LINE
INTERIOR SIDE LOT LINE
FRONT LOT LINE
Site Width = a
EXTERIOR SIDE LOT LINE PROJECTED
INTERIOR SIDE LOT LINE
FRONT LOT LINE
SIDE LOT LINE
SIDE LOT LINE
FRONT
SIDE LOT LINE
SIDE LOT LINE
SIDE LOT LINE
SIDE LOT LINE
FRONT LOT LINE
a
a
a
a
a
a
SIDE LOT LINE
SIDE LOT LINE
FRONT LOT LINE
FRONT LOT LINE
SIDE LOT LINE
SIDE LOT LINE
a
Site Width = a
Site Width = a
Site Width = a + b
2
Site Width = a
Site Width = a + b
2
Site Width = a
2
FIGURE 2-6: Illustrations of Site Width
b
L
O
T
L
I
N
E
27
Structure - Shall mean anything erected or constructed, the use of which requires temporary or
permanent location on, or support of, the soil, or attached to something having permanent location
on the ground or soil; but not including pavements, curbs, walks or open air surfaced areas.
Tavern - Shall mean a building or portion thereof where beer, wine, or spirits are served to patrons
for consumption on the premises, with or without food, and where no entertainment or dance floor
is permitted.
Temporary Building - Shall mean a building under 34 square metres in floor area without a
foundation or footing, and that is to be removed upon expiration of a designated time period.
Temporary Use - Shall mean a use established for a fixed period of time and that is to be
discontinued upon the expiration of the time period specified for that use.
Terrace - Shall mean a level, artificially surfaced area adjacent to a principal building, not covered
by a roof, at or within 0.6 metres of the finished grade; including patios.
Theatre - Shall mean a place devoted to showing motion pictures or dramatic, dance, musical or
other live performances.
Tourist Campground - Shall mean a tract or parcel of land which provides for the location of tents
or recreation vehicles used by travellers and tourists for overnight accommodation.
Town - Shall mean the Town of Maidstone.
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.
28
Use, General Industrial - Shall mean any of the following activities:
(a)
the processing of raw or finished materials;
(b)
the manufacturing of assembly of goods, products or equipment;
(c)
the cleaning, servicing, repairing or testing of materials, goods and equipment normally
associated with industrial or commercial businesses or cleaning, servicing and repair
operations to goods and equipment associated with personal or household use, where such
operations have impacts that would make them incompatible with non-industrial
development;
(d)
the storage or transshipping of materials, goods and equipment, including warehouses;
(e)
the training of personnel in general industrial operations; and/or,
(f)
indoor display, office, technical or administrative support areas or any sales operation
accessory to the general industrial use.
Veterinary Clinic - Shall mean a place for the care and treatment of small animals involving
outpatient care and medical procedures involving hospitalization, but shall not include the keeping
of animals in outdoor pens.
Wall Height - Shall mean the vertical distance of a building measured at the outermost building
face, from grade level to the top of the wall, not including the roof.
Warehouse - Shall mean a building used primarily for the storage of goods and materials.
Wholesale Establishment - Shall mean the sale of commodities to retailers or jobbers and shall
include the sale of commodities for the purpose of carrying on any trade or business.
Yard - Shall mean an unoccupied space open to the sky on the same site with a building or structure
Yard, Front - Shall mean the area between the side site lines and the front site line to the front
building line.
Yard, Rear - Shall mean the area between the side site lines, and the rear site line to the rear
building line.
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.
29
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 Town of Maidstone 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
The effective period for a development permit is 12 months. This period may be
extended by the Development Officer for an additional 12 months if requested in
writing by the permit holder. A development permit shall be automatically invalid:
(1)
if the proposed development is not commenced within 12 months from the
permit issuance date, or
(2)
if the proposed development is legally suspended or discontinued, for a
period of 12 or more months, unless otherwise indicated by Council or the
development officer.
3.2.4
A building permit shall not be issued unless a development permit, where required,
30
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.
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
31
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.
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
32
fee of $100.00.
3.5.2
There shall be no development permit application fee for fences.
3.5.3
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 Town of Maidstone shall be appointed in
accordance with Sections 213 to 227 of The Act.
3.7
RIGHT OF APPEAL
3.7.1
Where an application for a PERMITTED USE has been REFUSED, the applicant
shall be advised of the right of appeal to the Development Appeals Board of the
Town of Maidstone.
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
Town of Maidstone.
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 3.7.1 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
33
discretionary use as specified in this Bylaw. All such variances shall be subject to
the conditions and granted in accordance with the procedures contained in Section
60 of The Act.
3.8.2
The Development Officer shall maintain a registry of the location and all relevant
details of the granting of such variances.
3.8.3
An application for a minor variance shall be in a form prescribed by the Development
Officer and shall be accompanied by an application fee of $50.00.
3.9
NON-CONFORMING USES, 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 $200.00 (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 $200.00.
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;
34
(b)
The application will be examined by the Development Officer for
conformance with the Official Community Plan, this Bylaw, and any
other applicable policies and regulations;
(c)
The Development Officer may request comments from other
government agencies where applicable;
(d)
The Development Officer will prepare a report concerning the
application including recommendations that conditions be applied to
an approval;
(e)
The Development Officer will set a date for the meeting at which the
application will be considered by Council and will give notice by
ordinary mail to assessed owners of property within 75 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.
(i)
Where an application for a discretionary use is approved by resolution
of Council, the Development Officer shall issue a development
permit subject to any specified development standards prescribed by
Council pursuant to Section 3.10.4.
(j)
Where an application for a discretionary use is approved by resolution
of Council but the proposed development does not meet the zoning
regulations for the applicable zoning district, the Development
Officer shall:
(i)
advise the applicant of Council's approval of the discretionary
use application and,
35
(ii)
advise the applicant that the development permit application
must be refused on the grounds of zoning non-compliance but
that applicant has the right of appeal.
(k)
The Development Officer shall maintain a registry of the location and
all the relevant details respecting the granting of the discretionary use
approval.
(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;
(g)
the size, shape and arrangement of buildings, and the placement and
arrangement of lighting and signs; and/or,
(h)
intensity of use.
(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
36
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.
(5)
Council may agree to an extension of a discretionary use approval extension
for an additional twelve (12) month period and direct the Development
Officer to issue a development permit for the extended period.
3.10.3 General Discretionary Use Evaluation Criteria
Council will apply the following general criteria and where applicable the use
specific criteria in Section 3.10.4 in the assessment of the suitability of an application
for a discretionary use or discretionary form of development.
(1)
The proposal must be in conformance with all relevant sections of the
Official Community Plan and must demonstrate that it will maintain the
character, density and purpose of the zoning district, where necessary through
the provision of buffer areas, separation and screening.
(2)
The proposal must be capable of being economically serviced by community
infrastructure including roadways, water and sewer services, solid waste
disposal, parks, schools, and other utilities and community facilities.
(3)
The proposal must demonstrate that it is not detrimental to the health, safety,
convenience or general welfare of persons residing or working in the vicinity
or injurious to property, improvements or potential development in the
vicinity.
(4)
The proposal must provide sufficient landscaping and screening, and,
wherever possible, shall preserve existing vegetation.
(5)
The proposal must demonstrate that any additional traffic generated by the
use, can be adequately provided for in the existing parking and access
arrangements. Where this is not possible further appropriate provisions shall
be made so as to ensure no adverse parking or access effects occur.
(6)
Consideration will be given to the presence of activities already located in the
area and on the site, and their effect on the surrounding residential
environment, such as the cumulative effect of locating an activity on a site
adjacent to or already accommodating an activity that may currently generate
traffic, noise, etc. not in keeping with the character of the adjacent area.
37
(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
(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
38
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:
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;
39
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)
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;
(b)
The parking required for multiple unit dwellings is additional to the
parking required for the commercial uses;
(c)
The suitability of a proposal will be considered with respect to :
i)
adherence to any concept plan prepared for the proposed
development area, including the proposed location of all
forms of multiple unit dwellings;
ii)
the convenience of parking; and,
iii)
appropriate size and quality of proposed dwelling units.
(6)
Night Clubs and Taverns:
(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
40
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:
(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
41
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, light
industrial uses, and welding and machine shops:
(a)
The location of the use will only be favourably considered where it
can be demonstrated that the use and intensity is appropriate to the
site and that it will have a minimal impact on the surrounding,
adjacent areas. Consideration may be given, but is not limited to, the
following effects:
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)
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;
42
(c)
Warehouses and freight handling facilities shall be accessible from
a major road network to avoid heavy traffic volumes on access roads.
Consideration shall be given to the location of entry and exit points
to the site and their interrelation with existing intersections or land
constraints; and,
(d)
No outside storage is permitted for a wholesale establishment.
(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;
(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
43
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):
(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;
44
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:
(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.
45
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, R3
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.
3.12 ZONING COMPLIANCE, OFFENCES AND PENALTIES
(1)
Pursuant to Section 242(2) of The Act, the Development Officer may issue a zoning
compliance order for development that contravenes this bylaw in order to achieve
bylaw compliance.
46
(2)
Any person who violates this bylaw is guilty of an offence and liable upon summary
conviction, to penalties and subject to an order as stated in Section 243 of The Act.
47
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
48
use.
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,
49
(e)
Laundry drying equipment, recreational equipment, garbage stands
and private swimming pools and tennis courts when open to the sky.
(4)
In side yards:
(a)
Raised patios, terraces and decks measuring 0.6 metres or less in
height above grade;
(b)
Raised patios and decks measuring more than 0.6 metres in height
above grade and canopies and balconies provided they do not project
more than 1.2 metres into the required yard;
(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.
4.7.6
A development permit is required for the erection of all fences.
50
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 3 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 90 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
51
by the door.
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, and shall not
obstruct access to any lane.
(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.
(e)
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 and the total for all accessory buildings shall not exceed 50% of the floor
area of the principle building.
4.8.7
Satellite Dishes, Solar Collectors and Wind Generators
The installation and operation of a free standing satellite dish, solar collector, wind
charger, 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;
52
(2)
In any Commercial, Community Service or Residential District such
structures, if freestanding, shall not exceed a height of five (5) metres above
grade level;
(3)
In any Commercial, Community Service 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 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 and CSA standard A660.
(4)
In all case the 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.
4.8.10 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.
(2)
A shipping container shall only be used for shipping or storage purposes
accessory to the principal use of the site and shall comply with the site
requirements for accessory buildings for the applicable Zoning District.
(3)
All shipping containers must be sand blasted and repainted to a neutral colour
53
prior to their placement above grade on a site.
(4)
Shipping containers shall not be placed in any front yard and shall be
screened from view by a solid fence or hedge.
(5)
When placed on a site pursuant to 4.8.10 (4), the shipping container shall:
(a)
be located so as to not create a safety hazard; and
(b)
not be located on a public street or dedicated land.
(6)
Notwithstanding 4.8.10(1), shipping containers may be placed temporarily on
a site in any District:
(a)
to be used solely for the storage of supplies and equipment required
in connection with building construction on the site authorized by a
building permit. The shipping container must be removed from the
site upon the completion of building construction;
(b)
for the purpose of loading and unloading items associated with the
principal use of the site; and
(c)
for a period of not more than 30 days or for an extended 30 day
period for large scale construction projects, subject to the approval of
the Development Officer.
4.8.11 Secondary, Garden and Garage Suites
(1)
A secondary, garden and garage suite may be allowed as a discretionary
accessory use to a permitted single detached dwelling in the R1 Low Density
or R2 Medium Density Residential Zoning Districts, subject to the
Discretionary Use Evaluation Criteria contained in Section 3.10.3 herein and
having regard to: 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 its affect on the
privacy of adjacent properties.
The requirements for accessory buildings outlined in Sections 4.8.1 to 4.8.10
herein, do not apply to secondary, garden and garage suites. Requirements
for secondary suites are contained in section (2) and for garage and garden
suites in section (3) below. All secondary, garage and garden suites are
subject to the following general requirements:
(a)
No more than one secondary, garage or garden suite shall be allowed
54
per residential site.
(b)
No more than three bedrooms allowed for any secondary, garage or
garden suite.
(c)
No more than three persons are allowed to occupy any secondary,
garage or garden suite.
(d)
One off street parking space is required for any secondary, garage or
garden 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, garage or garden suite shall comply with the
requirements of the National Building Code, subject to the approval
of the Municipal Building Inspector.
(f)
Any secondary, garage or garden suite shall not be separated from the
principal building through condominium or bare land condominium
conversion or subdivision of land.
(2)
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, of at least 100 m2.
(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 a 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 building to give the entire
building the appearance of a single dwelling.
(3)
Garden and garage suites shall be subject to the following additional
requirements:
(a)
No above grade garden or garage suites shall be allowed.
55
(b)
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.
(c)
The maximum height of a garden suite shall be 4.3 m. The maximum
height of a garage suite shall be 5.5 m or the height of the garage
whichever is the lesser.
(d)
The maximum floor area of a garden or garage suite shall be 50 m2
and the minimum floor area shall be 30 m2.
(e)
the minimum distance between a detached garage containing a garage
suite and the principal building on the site shall be 4 m.
(f)
No decks on garage or garden suite roofs shall be allowed.
(g)
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:
(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 of other accessory buildings;
and,
(iii)
placing larger windows such as living room windows, to face
la lane, flanking street or towards the interior of the lot.
56
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,
57
in lieu thereof, the applicant pays or agrees to pay the Council the sum of
money calculated by multiplying the number of off street parking spaces that
would otherwise be required by $2,000.00.
(2)
The payment of or agreement to pay such sums of money shall be subject to
such terms and conditions as Council may determine.
4.9.3
General Regulations for Off Street Parking and Loading
(1)
All required parking and loading facilities shall only be used for the purpose
of accommodating the vehicles of clients, customers, employees, members,
residents or visitors in connection with the principal building or use for which
the parking and loading facilities are provided, and the parking and loading
facilities shall not be used for driveways, access or egress, commercial repair
work, display, signage, sale or storage of goods of any kind.
(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.
58
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.
59
4.9.4
Required Off Street Parking and Loading in Residential and Community Service
Districts
(1)
The minimum off street parking requirements for all Residential and the
Community Service Districts are set out in Table 4-2.
(2)
In all R - Residential Districts, required off-street parking shall not be located
in any required front yard.
(3)
Each non-residential principal building with a building floor area greater than
500 m2 shall provide one off-street loading space.
4.9.5
Required Off Street Parking and Loading in Commercial Districts
(1)
The minimum off street parking requirements for all Commercial Districts
are set out in Table 4-3.
(2)
Each non-residential principal building with a building floor area greater than
500 m2 shall provide one off-street loading space.
4.9.6
Required Off Street Parking and Loading in the MU Mixed Use District
(1)
The minimum off street parking requirements for the MU - Mixed Use
District are set out in Table 4-4.
(2)
In the MU - Mixed Use District, required off-street parking for residential
uses shall not be located in any required front yard.
(3)
Each non-residential principal building with a building floor area greater than
500 m2 shall provide one off-street loading space.
4.9.7
Required Off Street Parking and Loading in Industrial Districts
(1)
The minimum off street parking requirements for all Industrial Districts are
set out in Table 4-5.
(2)
Each non-residential principal building with a building floor area greater than
500 m2 shall provide one off-street loading space.
4.9.8
Required Off Street Parking and Loading in Parks and Recreation and Future Urban
Development Districts
(1)
The minimum off street parking requirements for all Parks and Recreation
60
and Future Urban Development Districts are set out in Table 4-6.
(2)
Each non-residential principal building with a building floor area greater than
500 m2 shall provide one off-street loading space.
61
Table 4-2
OFF-STREET PARKING REQUIREMENTS IN RESIDENTIAL AND COMMUNITY
SERVICE DISTRICTS
Use
R - Residential Districts
CS - Community Services
Districts
(1)
Adult day cares
1 space plus 1 space per 5 persons
enrolled in the facility
1 space plus 1 space per 5 persons
enrolled in the facility
(2)
Ambulance stations
1 space per 28 m2 of gross floor area,
excluding garage area
1 space per 28 m2 of gross floor area,
excluding garage area
(3)
Bakeries with retail sales
1 space per 28 m2 of gross floor area,
excluding garage area
1 space per 28 m2 of gross floor area,
excluding garage area
(4)
Bed and breakfast homes
1 space plus 1 space for each guest room 1 space plus 1 space for each guest room
(5)
Bus terminals
(6)
Car washes
(7)
Clubs
1 space per 50 m2 of gross floor area
1 space per 50 m2 of gross floor area
(8)
Commercial
recreation
facilities
---
1 space per 50 m2 of gross floor area or
(for primarily outdoor recreational uses) 1
space per 8 patrons at design capacity
(9)
Community centres
1 space per 50 m2 of gross floor area
1 space per 50 m2 of gross floor area
(10) Construction trades
(11) Convenience stores
1 space per 28 m2 of gross floor area
1 space per 28 m2 of gross floor area
(12) Cultural institutions
1 space per 50 m2 of gross floor area
1 space per 50 m2 of gross floor area
(13) Custodial care facilities
1 space plus 1 space per 5 persons
enrolled in the facility
1 space plus 1 space per 5 persons
enrolled in the facility
(14) Daycare
centres
and
preschools
1 space plus 1 additional space for every
10 persons enrolled in the facility per day
1 space plus 1 additional space for every
10 persons enrolled in the facility per day
(15) Dwelling groups
1 space per dwelling unit plus 0.1 spaces
per dwelling unit for visitors
1 space per dwelling unit plus 0.1 spaces
per dwelling unit for visitors
(16)
D w e l l i n g
u n i t s
i n
conjunction
with
and
attached
to
any
other
permitted use
1 space per dwelling unit
1 space per dwelling unit plus 0.1 spaces
per dwelling unit for visitors
(17)
Dwelling
units,
except
those attached to other
permitted
uses,
and
multiple unit dwellings.
1 space per dwelling unit
1 space per dwelling unit plus 0.1 space
per dwelling unit set aside for visitors
(18)
Dwelling units, multiple,
including apartments and
street townhouse units
1 space per dwelling unit plus 0.1 space
per dwelling unit set aside for visitors
1 space per dwelling unit plus 0.1 space
per dwelling unit set aside for visitors
(19) Financial institutions
(20) Funeral homes
---
1 space per 10 seats in main assembly
area or (where no fixed seating is
provided) 1 space per 7.5 m2 of gross
floor area devoted to main assembly area
(21) Garden suites
1 space per garden suite
---
(22) Gas bars
(23) Health care clinics
---
1 space per 28 m2 of gross floor area
(24) Home based business -
type II
1 space per non-resident employee
1 space per non-resident employee
(25) Medical, dental and optical
laboratories
---
1 space per 28 m2 of gross floor area
62
Table 4-2
OFF-STREET PARKING REQUIREMENTS IN RESIDENTIAL AND COMMUNITY
SERVICE DISTRICTS
Use
R - Residential Districts
CS - Community Services
Districts
(26) Mobile homes
1 space per dwelling unit
---
(27) Municipal facilities
no requirements
no requirements
(28) Parking lots
no requirement
no requirements
(29) Parks and playgrounds
no requirement
no requirement
(30) Personal care homes
1 space per 4 beds plus 1 space per 4
employees
1 space per 4 beds plus 1 space per 4
employees
(31) Places of worship
3 spaces per 10 seats in main assembly
area or (where no fixed seating is
provided) 1 space per 2.5 m2 of gross
floor area devoted to main assembly area
3 spaces per 10 seats in main assembly
area or (where no fixed seating is
provided) 1 space per 2.5 m2 of gross
floor area devoted to main assembly area
(32) Printing
plants
and
newspaper offices
1 space per 28 m2 of gross floor area
1 space per 28 m2 of gross floor area
(33) Private schools
1.2 spaces per classroom plus 1 space
per 4 students at design capacity
1.2 spaces per classroom plus 1 space
per 4 students at design capacity
(34) Public recreation facilities
1 space per 28 m2 of gross floor area
1 space per 28 m2 of gross floor area
(35) Public elementary schools 1 space per staff member
1 space per staff member
(36) Public secondary schools
1 space per staff member plus 3 spaces
for
each
classroom,
with
parking
permitted in a front, side and/or rear yard
1 space per staff member plus 3 spaces
for
each
classroom,
with
parking
permitted in a front, side and/or rear yard
(37) Public works
no requirements
no requirements
(38) Radio
and
television
stations
---
1 space per 28 m2 of gross floor area
(39) Repair services
---
1 space per 28 m2 of gross floor area
(40) Residential care facilities
1 space plus 1 space for each non-
resident staff member
1 space plus
1 space for each
non-resident staff member
(41) Restaurants
---
1 per 4 seats intended for patrons' use
(42) Retail stores
---
1 space per 28 m2 of gross floor area
(43) All other uses
1 space per 28 m2 of gross floor area
1 space per 28 m2 of gross floor area
63
Table 4-3
OFF-STREET PARKING REQUIREMENTS IN COMMERCIAL DISTRICTS
Use
C1 - Community Centre
Commercial District
C2 - Highway Centre
Commercial District
(1)
Ambulance stations
1 space per 28 m2 of gross floor area,
excluding garage area
1 space per 28 m2 of gross floor area,
excluding garage area
(2)
Animal hospitals
---
1 space per 28 m2 of gross floor area
(3)
Auto body shops
---
1 space per 28 m2 of gross floor area
(4)
Automobiles,
marine,
recreational vehicle and
equipment,
agricultural
equipment and mobile
home sales and service
establishments
---
1 space per 28 m2 of gross floor area
(5)
Automotive and industrial
supply stores
---
1 space per 28 m2 of gross floor area
(6)
Bakeries with retail sales
no requirements
---
(7)
Bingo halls
---
1 per 4 seats intended for patrons' use
(8)
Bulk fuel dealers
---
1 space per 28 m2 of gross floor area
(9)
Bus terminals
no requirements
1 space per 28 m2 of gross floor area
(10) Car washes
1 space per bay
1 space per bay
(11) Clubs
no requirements
---
(12) Commercial recreational
facilities
1 space per 28 m2 of gross floor area
1 space per 28 m2 of gross floor area
(13) Construction trades
1 space per 28 m2 of gross floor area
1 space per 28 m2 of gross floor area
(14) Convenience stores
no requirements
1 space per 28 m2 of gross floor area
(15) Cultural institutions
no requirements
---
(16) Drive-in theatres
---
1 space per 28 m2 of gross floor area
(17)
D w e l l i n g
u n i t s
i n
conjunction
with
and
attached
to
any
other
permitted use
1 space per dwelling unit
1 space per dwelling unit plus 0.1 spaces
per dwelling unit for visitors
(18)
Dwelling
units,
except
those attached to other
permitted
uses,
and
multiple unit dwellings.
1 space per dwelling unit
1 space per dwelling unit plus 0.1 space
per dwelling unit set aside for visitors
(19)
Dwelling units (multiple),
including apartments and
street townhouse units
1 space per dwelling unit plus 0.1 space
per dwelling unit set aside for visitors
1 space per dwelling unit plus 0.1 space
per dwelling unit set aside for visitors
(20) Financial institutions
no requirements
1 space per 28 m2 of gross floor area
(21) Freight handling facilities
---
1 space per 28 m2 of gross floor area
(22) Funeral homes
no requirements
1 space per 10 seats in main assembly
area or, in cases where fixed seating is
not provided, 1 space per 7.5 m2 devoted
to main assembly area
(23) Gas bars
no requirements
1 space per 28 m2 of gross floor area
(24) Health care clinics
no requirements
1 space per 28 m2 of gross floor area
(25) Home based businesses -
type II
1 space per non-resident employee
1 space per non-resident employee
64
Table 4-3
OFF-STREET PARKING REQUIREMENTS IN COMMERCIAL DISTRICTS
Use
C1 - Community Centre
Commercial District
C2 - Highway Centre
Commercial District
(26) Hotels
1 space per 2 guest rooms, plus
1 space per 15 m2 of gross floor area
devoted to public assembly, plus
the applicable parking requirements for
any other use contained on the site
1 space per 2 guest rooms, plus
1 space per 15 m2 of gross floor area
devoted to public assembly, plus
the applicable parking requirements for
any other use contained on the site
(27) Indoor
storage
rental
facilities
---
1 space per 50 m2 of gross floor area, or
1 space per 3 employees, whichever is
greater
(28) Light industrial uses
---
1 space per 50 m2 of gross floor area, or
1 space per 3 employees, whichever is
greater
(29)
Lumber
yards,
home
improvement centres and
b u i l d i n g
s u p p l y
establishments
1 space per 50 m2 of gross floor area, or
1 space per 3 employees, whichever is
greater
1 space per 50 m2 of gross floor area, or
1 space per 3 employees, whichever is
greater
(30) Malls
1 space per 28 m2 of gross floor area
1 space per 28 m2 of gross floor area
(31) Medical,
dental
and
optical laboratories
no requirements
---
(32) Miniature golf courses
---
1 space per 28 m2 of gross floor area
(33) Motels
1 space per guest unit
1 space per guest unit
(34) Municipal facilities
no requirements
no requirements
(35) Night clubs
---
1 space per 28 m2 of gross floor area
(36) Nurseries, greenhouses
and garden centres
---
1 space per 28 m2 of gross floor area
(37) Offices
and
office
buildings
1 space per 28 m2 of gross floor area
1 space per 28 m2 of gross floor area
(38) Parking lots
no requirements
no requirements
(39) Parks and playgrounds
no requirements
no requirements
(40) Personal service shops
no requirements
1 space per 28 m2 of gross floor area
(41) Photography studios
no requirements
---
(42) Places of worship
3 spaces per 10 seats in main assembly
area or, in cases where fixed seating is
not provided, 1 space per 7.5 m2 devoted
to main assembly area
3 spaces per 10 seats in main assembly
area or, in cases where fixed seating is
not provided, 1 space per 7.5 m2 devoted
to main assembly area
(43) Printing
plants
and
newspaper offices
no requirements
---
(44) Public garages
---
1 space per 50 m2 of gross floor area
(45) Public
recreational
facilities
1 space per 50 m2 of gross floor area
1 space per 50 m2 of gross floor area
(46) Public works
no requirements
no requirements
(47) Radio
and
television
stations
no requirements
---
(48) Recycling
collection
depots
---
1 space per 50 m2 of gross floor area
(49) Rental stores
---
1 space per 50 m2 of gross floor area
(50) Repair services
no requirements
1 space per 28 m2 of gross floor area
(51) Restaurants
no requirements
1 space per 4 seats intended for patrons'
use
(52) Retail stores
no requirements
1 space per 28 m2 of gross floor area
65
Table 4-3
OFF-STREET PARKING REQUIREMENTS IN COMMERCIAL DISTRICTS
Use
C1 - Community Centre
Commercial District
C2 - Highway Centre
Commercial District
(53) Service stations
no requirements
1 space per 28 m2 of gross floor area
(54) Shopping centres
1 space per 28 m2 of gross floor area
1 space per 28 m2 of gross floor area
(55) Storage garages
---
1 space per 50 m2 of gross floor area
(56) Taverns
---
1 space per 4 seats intended for patrons'
use
(57) Taxidermy and accessory
tanning of hides
---
1 space per 28 m2 of gross floor area
(58) Theatres
no requirements
---
(59) Tourist campgrounds
---
1 space per 28 m2 of gross floor area of
all buildings
(60) Tourist
information
centres and booths
no requirements
1 space per 28 m2 of gross floor area
(61) Trucking operations
---
1 space 50 m2 of gross floor area, or 1
space per 3 employees, whichever is
greater
(62) U n d e r t a k i n g
establishments
1 space 28 m2 of gross floor area, or 1
space per 3 employees, whichever is
greater
---
(63) Veterinary clinics
1 space 50 m2 of gross floor area, or 1
space per 3 employees, whichever is
greater
1 space 50 m2 of gross floor area, or 1
space per 3 employees, whichever is
greater
(64) Warehouses
---
1 space per 90 m2 of gross floor area
(65) Welding and machine
shops
---
1 space 50 m2 of gross floor area, or 1
space per 3 employees, whichever is
greater
(66) All other uses
1 space per 28 m2 of gross floor area
1 space per 28 m2 of gross floor area
66
Table 4-4
OFF-STREET PARKING REQUIREMENTS IN MIXED USE DISTRICTS
Use
MU - Mixed Use District
(1)
Adult daycare - types I and II
1 space plus 1 space for every 5 people enrolled in the facility
(2)
Ambulance stations
1 space per 28 m2 of gross floor area, excluding the garage area
(3)
Bakeries with retail sales
no requirements
(4)
Bed and breakfast homes
1 space plus 1 space for each guest room
(5)
Clubs
1 space per 28 m2 of gross floor area
(6)
Commercial recreation facilities
1 space per 50 m2 of gross floor area
(7)
Convenience stores
no requirements
(8)
Daycare centres and preschools
1 space plus 1 space per 10 people enrolled in the facility
(9)
Dwelling groups
1 space per dwelling unit plus 0.1 spaces per dwelling unit for visitors
(10) Dwelling units in conjunction with and
attached to any other permitted use
1 space per dwelling unit
(11)
Dwelling units, except those attached
to other permitted uses, and multiple
unit dwellings.
1 space per dwelling unit
(12) Dwelling units (multiple), including
apartments and street townhouse units
1 space per dwelling unit plus 0.1 space per dwelling unit set aside for
visitors
(13) Financial institutions
no requirements
(14) Gas bars
no requirements
(15) Healthcare centres
no requirements
(16) Home based businesses - type II
1 space per non-resident employee
(17) Laundromats
1 space per 28 m2 of gross floor area
(18) Medical,
dental
and
optical
laboratories
no requirements
(19) Municipal facilities
no requirements
(20) Offices and office buildings
no requirements
(21) Parking lots
no requirements
(22) Parks and playgrounds
no requirements
(23) Personal care homes
1 space per 4 beds, plus 1 space per employee
(24) Personal service shops
no requirements
(25) Photographer studios
no requirements
(26) Places of worship
3 spaces per 10 seats in main assembly area or, in cases where fixed
seating is not provided, 1 space per 7.5 m2 devoted to main assembly
area
(27) Public recreational facilities
1 space per 50 m2 of gross floor area
(28) Public works
no requirements
(29) Repair services
no requirements
(30) Residential care facilities
1 space plus 1 space for each non-resident employee in the facility
(31) Restaurants
1 per 4 seats intended for patrons' use
(32) Retail stores
no requirements
(33) Veterinary clinics
1 space per 28 m2 of gross floor area
(34) All other uses
1 space per 28 m2 of gross floor area
67
Table 4-5
OFF-STREET PARKING REQUIREMENTS IN INDUSTRIAL DISTRICTS
Use
M - Industrial District
(1)
Animal hospitals
1 space per 28 square metres of gross floor area
(2)
Auction markets
1 space per 50 square metres of gross floor area
(3)
Automobile,
marine,
recreational
vehicle, and equipment, agricultural
equipment and mobile home sales and
service establishments
1 space per 28 square metres of gross floor area
(4)
Cement and concrete plants
1 space per 50 square metres of gross floor area
(5)
Consignment centres
1 space per 50 square metres of gross floor area
(6)
Construction trades
1 space per 50 square metres of gross floor area
(7)
Dwelling units accessory to permitted
units
1 space per dwelling unit
(8)
Gas bars
1 space per 50 square metres of gross floor area
(9)
General industrial uses
1 space per 50 square metres of gross floor area
(10) Lumber yards and building supply
establishments
1 space per 50 square metres of gross floor area
(11) Municipal facilities
no requirements
(12) Nurseries, greenhouses and garden
centres
1 space per 28 square metres of gross floor area
(13) Parking lots
no requirements
(14) Parks
no requirements
(15) Public garages
1 space per 50 square metres of gross floor area, or 1 space per 3
employees, whichever is greater
(16) Public works
no requirements
(17) Seed cleaning plants and feed mills
1 space per 50 square metres of gross floor area, or 1 space per 3
employees, whichever is greater
(18) Service stations
1 space per 28 square metres of gross floor area, or 1 space per 3
employees, whichever is greater
(19) Veterinary clinics
1 space per 28 square metres of gross floor area
(20) Warehouses
1 space per 90 square metres of gross floor area
(21) Wholesale establishments
1 space per 50 square metres of gross floor area
(22) All other uses
1 space per 50 square metres of gross floor area
68
Table 4-6
OFF-STREET PARKING REQUIREMENTS IN INDUSTRIAL DISTRICTS
Use
PR - Parks & Recreational
District
FUD - Future Urban
Development District
(1)
Agricultural fair grounds
---
no requirements
(2)
Agricultural uses
---
no requirements
(3)
Cemeteries
no requirements
---
(4)
Community centres
1 space per 50 m2 of gross floor area
---
(5)
Cultural institutions
1 space per 50 m2 of gross floor area
---
(6)
Golf courses
no requirements
no requirements
(7)
Home based business -
type II
---
1 space per non-resident employee
(8)
Intensive
agricultural
uses.
1 space per 50 m2 of gross floor area
---
(9)
Municipal facilities
no requirements
no requirements
(10) Nature interpretation trails
and associated facilities
no requirements
---
(11) Nurseries, greenhouses
and garden centres
1 space per 50 m2 of gross floor area
---
(12) Public recreation facilities 1 space per 50 m2 of gross floor area
---
(13) Public works
no requirements
no requirements
(14)
Radio,
television
and
te l e c ommu n i c a ti o n s
towers
and
ancillary
facilities
---
no requirements
(15) S a n d
a n d
g r a v e l
operations
---
no requirements
(16) Single detached dwellings ---
1 space per dwelling
(17) Sports fields, parks and
playgrounds
no requirements
no requirements
(18) Tourist campgrounds
1 space per 28 m2 of gross floor area of
all buildings
---
(19) Tourist
information
centres and booths
1 space per 28 m2 of gross floor area
---
(20)
Walking, hiking and/or ski
trails
and
associated
facilities
no requirements
---
(21) All other uses
1 space per 28 square metres of gross
floor area
69
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.
70
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
Town of Maidstone, 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.
71
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
Freestanding
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;
72
(b)
Illuminated signs shall have a steady internal light source or a steady
external light source shielded so that the light is directed only at the
face of the sign; and,
(c)
Signs applying to community service uses must not display
advertising of any commercial service or product.
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;
73
(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.
74
Table 4-9
SIGN REGULATIONS IN COMMERCIAL AND INDUSTRIAL DISTRICTS
Use
Max. # of
Signs
Max. Total
Sign Face
Area (m2)
Max # of
Freestanding
Signs
Max. Height of
Freestanding
Signs (m)
Max Sign Face Area
for Freestanding
Signs (m2)
Per Face
Total
All principal commercial / industrial uses
for which a permit has been issued
n/a
n/a
(1)
(2)
(3)
(3)
All principal community service uses for
which a permit has been issued
3
18
1
3
6
12
All principal residential uses for which a
permit has been issued
1 (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
minimum site width of 20 metres.
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
face area.
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,
showing the name of the building or group.
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.
75
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;
(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.
76
(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.
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
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.
77
(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
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
78
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.
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.
79
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.
(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.
80
(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 Above Ground Fuel Storage Tanks
(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)
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;
(c)
separated from each other and be accessible for fire fighting purposes
to the satisfaction of the Development Officer; and,
(d)
at least 15 metres from the boundary of any site within a Residential
district.
81
(4)
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.
(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.
(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
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.
4.12.8
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.
82
4.12.9 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.
4.12.10
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.
4.12.11
Service Stations
(1)
Fuel pumps and other apparatus for dispensing or storage of fuel, located 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
83
the flanking street.
4.13 SERVICING
4.13.1 Holding tanks, septic tanks and wells are not allowed in the areas of the Town which
can be serviceable from existing municipal water and sewer lines.
4.13.2 Developments outside the serviceable areas shall be connected to a private sewage
disposal system approved by the authority responsible for approval of such systems
under The Public Health Act, 1994.
4.14 STORAGE OF MATERIALS AND UNLICENSED OR INOPERATIVE MOTOR
VEHICLES IN RESIDENTIAL DISTRICTS
In any Residential District:
4.14.1 No front yard shall be used for the storage of unlicensed 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 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 for the safe
84
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, 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 Town of Maidstone without the issuance of
a development permit unless such building is exempt under Section 3.2.2 of this Zoning
Bylaw.
4.20 DEMOLITION OF BUILDINGS
No building shall be demolished within the Town of Maidstone 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
85
property.
4.22 GARAGE AND YARD SALES
(1)
Garage or yard sales may be undertaken on any site in a Residential or Community
Service zoning district provided the sale is conducted by a resident of the dwelling
on the subject site, or by a non-profit group associated with a place of worship, public
school, community association or other similar group or organization.
(2)
No more than four (4) sales may be conducted from one site in one calendar year, and
any one sale may not last for more than three consecutive days.
4.23 WATER
No development or use of land shall be permitted where the proposal will adversely affect
domestic and municipal water supplies, or where a suitable, potable water supply cannot be
furnished to the requirements of the Regional Health Authority and the Saskatchewan
Watershed Authority.
4.24 PROHIBITED USES IN ALL DISTRICTS
The following uses are prohibited in all districts:
(1)
The breeding of rats and other rodents, crickets and other insects.
4.25 BARE LAND CONDOMINIUMS
Regulations and development standards for buildings, uses and sites in all zoning districts
shall also apply to buildings, uses and bare land units that are part of an approved bare land
condominium plan.
86
SECTION 5
ZONING DISTRICTS
5.1
CLASSIFICATION OF ZONING DISTRICTS
In order to carry out the purpose and provisions of this Bylaw, the Town is divided into the
following Zoning Districts, the boundaries of which are shown on the "Zoning District Map".
Such districts may be referred to by the appropriate symbols.
Districts
Symbols
Low Density Residential
R1
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 Town shall be known as the "Zoning District Map" and such map is declared to
be an integral part of this Bylaw.
5.3
BOUNDARIES OF ZONING DISTRICTS
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.
87
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.
88
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.
89
Table 6-1
R1 - LOW DENSITY RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS
for the Town of Maidstone
Principal Use
Development Standards
Designation
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
4.8.11
Refer to Section 4.8.11
(3)
Single detached dwellings
P
360 (1)
12(2)
6
1.2 (3)
4.5
70
50
Commercial Uses
(1)
Adult day care - type I
P
4.12.1
360 (1)
12 (2)
6
1.2 (3)
4.5
70
50
(2)
Adult day care - type II
D
4.12.1
360 (1)
12 (2)
6
1.2 (3)
4.5
70
50
(3)
Bed and breakfast homes
D
4.12.2
360 (1)
12 (2)
6
1.2 (3)
4.5
70
50
(4)
Clubs
D
3.10.4 (3)
450
15
6
3 (4)
4.5
70
50
(5)
Convenience stores
D
3.10.4 (2)
450
15
6
3 (4)
4.5
70
50
(6)
Daycare centres and preschools
D
4.12.4
360 (1)
12 (2)
6
1.2 (3)
4.5
70
50
(7)
Home based business - type I
P
4.11
(8)
Home based business - type II
D
4.11
(9)
Personal care homes - type I and type II
D
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
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
450
15
6
3 (4)
4.5
70
50
(2)
Municipal facilities
P
no min
no min
no min
no min
no min
no min
no max
(3)
Parks and playgrounds
P
no min
no min
no min
no min
3
no min
no max
(4)
Place of worship
P
450
15
6
3 (4)
4.5
70
50
(5)
Public schools
P
no min
no min
6
3 (4)
4.5
no min
no max
(6)
Public works excluding offices, warehouses, storage yards and
sewage lagoons
P
no min
no min
no min
no min
no min
no min
no max
90
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
91
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.
92
Table 6-2
R2 - MEDIUM DENSITY RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS
for the Town of Maidstone
Principal Use
Development Standards
Designation
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
3.10.4 (4)
4.12.5
4000
no min
no min
3.5 (4)
no min
50 / unit
60
(2)
Secondary, Garden and Garage suites
D
4.8.11
Refer to Section 4.8.11
(3)
Multiple unit dwellings (apartments)
D
3.10.4 (5)
185 /
unit
6 / unit
(8)
6
(5) (10)
no min
40 / unit
60
(4)
Multiple unit dwellings (townhouses)
D
3.10.4 (5)
225 /
unit
18
6
(5) (10)
4.5
46 / unit
60
(5)
Semi-detached dwellings
P
275 (2)
9 (10)
6
1.2 (5) (7)
4.5
46
60
(6)
Single detached dwellings
P
360 (1)
12 (6)
6
1.2 (7)
4.5
70
50
(7)
Street townhouse dwellings
D
3.10.4 (5)
225
6
6
1.2 (5)
(10)
4.5
46 / unit
60
(8)
Two unit dwellings
P
550 (3)
18 (11)
6
1.2 (7 )(5)
4.5
92
60
Commercial Uses
(1)
Adult day care - type I
P
4.12.1
360 (1)
12 (6)
6
1.2 (7)
4.5
70
50
(2)
Adult day care - type II
D
4.12.1
360 (1)
12 (6)
6
1.2 (7)
4.5
70
50
(3)
Bed and breakfast homes
D
4.12.2
360 (1)
12 (6)
6
1.2 (7)
4.5
70
50
(4)
Clubs
D
3.10.4 (3)
450
15
6
3 (4)
4.5
no min
50
(5)
Convenience stores
D
3.10.4 (2)
450
15
6
3 (4)
4.5
no min
50
(6)
Daycare centres and preschools
D
4.12.4
360 (1)
12 (6)
6
1.2 (7)
4.5
70
50
(7)
Home based business - type I
P
4.11
(8)
Home based business - type II
D
4.11
(9)
Parking lots
D
4.12.10
no min
no min
3
3
3
no min
no max
(10)
Personal care homes - type I
P
4.12.3
360 (1)
12 (6)
6
1.2 (7)
4.5
70
50
(11)
Personal care homes - type II
D
4.12.3
360 (1)
12 (6)
6
1.2(7)
4.5
70
50
(12)
Residential care facilities - type I
P
4.12.3
360 (1)
12 (6)
6
1.2 (7)
4.5
70
50
(13)
Residential care facilities - type II
D
4.12.3
360 (1)
12 (6)
6
1.2 (7)
4.5
70
50
93
Table 6-2
R2 - MEDIUM DENSITY RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS
for the Town of Maidstone
Principal Use
Development Standards
Designation
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 (%)
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Ambulance stations
D
3.10.4 (8)
235
6
6
3
4.5
no min
50
(2)
Community centres
P
450
15
6
3 (4)
4.5
no min
50
(3)
Cultural institutions
D
3.10.4 (3)
450
15
6
3 (4)
4.5
no min
50
(4)
Custodial care facilities
D
4.12.3
360 (1)
12 (6)
6
1.2 (7)
4.5
70
50
(5)
Municipal facilities
P
no min
no min
no min
no min
no min
no min
no max
(6)
Parks and playgrounds
P
no min
no min
no min
no min
no min
3
no max
(7)
Places of worship
P
450
15
6
3 (4)
4.5
70
50
(8)
Private schools
D
3.10.4 (3)
no min
no min
no min
3 (4)
4.5
no min
no max
(9)
Public schools
P
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
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 6.2.5 and
others as required by Council and/or contained in this Bylaw.
94
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)
to a maximum of 21 metres
(9)
unless site is served by a lane, in which case 7.5 metres
(10) 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
(11) unless site is served by a lane, in which case 15 metres
95
6.3
RMH - MOBILE HOME RESIDENTIAL DISTRICT
6.3.1
Purpose
The objective of the RMH - Mobile Home Residential District is to provide for
development in the form of a range of community services 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.
6.3.6
Exceptions to Development Standards
96
Table 6-3
RMH - MOBILE HOME RESIDENTIAL DEVELOPMENT STANDARDS
for the Town of Maidstone
Principal Use
Development Standards
Designation
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
360 (1)
12 (2)
6
1.2 (3)
4.5
65
50
(2)
Mobile home courts
P
4.12.8
10,000
60
(5)
(5)
(5)
no min
no max
(3)
Modular homes
P
4.12.7
360 (1)
12 (2)
6
1.2 (3)
4.5
65
50
(4)
Single detached dwellings
P
360 (1)
12 (2)
6
1.2 (3)
4.5
70
40
Commercial Uses
(1)
Adult day care - type I
D
4.12.1
360 (1)
12 (2)
3
1.2 (3)
4.5
70
50
(2)
Convenience stores
D
3.10.4(2)
235
12 (2)
6
3 (4)
4.5
no min
50
(3)
Day care centres and preschools
D
4.12.4
360 (1)
12 (2)
6
1.2 (3)
4.5
70
50
(4)
Laundromats
D
3.10.4 (15)
235
12 (2)
6
3 (4)
4.5
no min
50
(5)
Parking lots
D
4.12.10
no min
no min
3
3
3
no min
no max
Community Service, Government, Recreational, Institutional and Other Uses
(1)
Municipal facilities
P
no min
no min
no min
no min
no min
no min
no max
(2)
Parks and playgrounds
P
no min
no min
no min
3
no min
no min
10
(3)
Public recreational facilities
D
3.10.4(3)
no min
no min
no min
3 (4)
4.5
no min
no max
(4)
Public works
D
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.
97
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 4.12.8
98
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.
99
Table 6-4
CS - COMMUNITY SERVICE DISTRICT DEVELOPMENT STANDARDS
for the Town of Maidstone
Principal Use
Development Standards
Designation
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
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
3.10.4 (5)
185 /
unit
6 / unit
(6)
(3)
(4) (5)
4.5
40 / unit
60
(3)
Multiple unit dwellings (townhouses)
D
3.10.4 (5)
225 /
unit
18
(3)
(4) (5)
4.5
46 / unit
60
(4)
Semi-detached dwellings
D
275 (2)
9 (7)
6
1.2(5) (8)
4.5
46
60
(5)
Single detached dwellings
D
360 (9)
12 (10)
6
1.2 (8)
4.5
70
50
(6)
Street townhouse dwellings
D
3.10.4 (5)
225
6
6
1.2(5) (8)
4.5
46
60
(7)
Two-unit dwellings
D
550 (11)
18 (12)
6
1.2 (8)
4.5
92
50
Commercial Uses
(1)
Adult day care centres - type I
P
4.12.1
360 (9)
12 (10)
6
1.2 (8)
4.5
70
50
(2)
Adult day care centres - type II
P
4.12.1
360 (9)
12 (10)
6
1.2 (8)
4.5
70
50
(3)
Bed and breakfast homes
D
4.12.2
360 (9)
12 (10)
6
1.2 (8)
4.5
70
50
(4)
Clubs
P
225
6
6
3 (1)
4.5
no min
50
(5)
Commercial recreational facilities, including rinks, golf courses and
tourist campgrounds
P
225
6
6
3 (1)
4.5
no min
50
(6)
Daycare centres and preschools
P
4.12.4
360 (9)
12 (10)
6
1.2 (8)
4.5
70
50
(7)
Funeral homes
D
225
6
6
3 (1)
4.5
no min
50
(8)
Health care clinics
P
225
6
6
3 (1)
4.5
no min
50
(9)
Home based businesses - type I
P
4.11
100
Table 6-4
CS - COMMUNITY SERVICE DISTRICT DEVELOPMENT STANDARDS
for the Town of Maidstone
Principal Use
Development Standards
Designation
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)
Home based businesses - type II
D
4.11
(11)
Medical, dental and optical laboratories
P
225
6
6
3 (1)
4.5
no min
50
(12)
Parking lots
D
4.12.10
no min
no min
3
3
3
no min
no max
(13)
Personal care homes
P
4.12.3
360 (9)
12 (10)
6
1.2 (8)
4.5
70
50
(14)
Private schools
P
no min
no min
no min
3 (1)
4.5
no min
no max
(15)
Residential care facilities - type I
P
4.12.3
360 (9)
12 (10)
6
1.2 (8)
4.5
70
50
(16)
Residential care facilities - type II
P
4.12.3
360 (9)
12 (10)
6
1.2 (8)
4.5
70
50
(17)
Restaurants, with or without associated lounges
D
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
225
6
6
3 (1)
4.5
no min
no max
(2)
Cemeteries
P
no min
no min
6
3 (1)
4.5
no min
no max
(3)
Community centres
P
225
6
6
3 (1)
4.5
no min
50
(4)
Cultural institutions
P
225
6
6
3 (1)
4.5
no min
50
(5)
Custodial care facilities
D
4.12.3
360 (9)
12 (10)
6
1.2 (8)
4.5
70
50
(6)
Educational institutions
P
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
no min
no min
6
3 (1)
4.5
no min
no max
(8)
Municipal facilities
P
no min
no min
no min
no min
no min
no min
no max
(9)
Parks and playgrounds
P
no min
no min
no min
no min
3
no min
no max
(10)
Places of worship
P
225
6
6
3 (1)
4.5
no min
50
(11)
Public hospitals
P
no min
no min
6
3 (1)
4.5
no min
no max
(12)
Public elementary and secondary schools
P
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
no min
no min
no min
no min
no min
no min
no max
(14)
Public recreational facilities
P
no min
no min
no min
3 (1)
4.5
no min
no max
101
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 6-4 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
102
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 6-5.
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 6-5.
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.
103
Table 6-5
C1 - COMMUNITY CENTRE COMMERCIAL DEVELOPMENT STANDARDS
for the Town of Maidstone
Principal Use
Development Standards
Designation
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
3.10.4 (18)
no min
no min
no min
(1)
(2)
no max
(2)
Multiple unit dwellings (including apartments)
D
3.10.4 (5)
185 /
unit
6 / unit
(3)
(4)
(5)
no min
60
Commercial Uses
(1)
Bakeries with retail sales
P
225
6
no min
(1)
(2)
no max
(2)
Bus terminal
D
3.10.4 (1)
4.12.6
225
6
no min
(1)
(2)
no max
(3)
Carwashes
D
3.10.4 (1)
225
6
no min
(1)
(2)
no max
(4)
Clubs
P
225
6
no min
(1)
(2)
no max
(5)
Commercial recreation facilities, excluding rinks and golf courses
P
225
6
no min
(1)
(2)
no max
(6)
Construction trades
D
3.10.4 (10)
225
6
no min
(1)
(2)
no max
(7)
Convenience stores, with or without associated gas bars
P
225
6
no min
(1)
(2)
no max
(8)
Day Care Centres & Preschools
P
4.12.4
225
6
no min
(1)
(2)
no max
(9)
Financial institutions
P
225
6
no min
(1)
(2)
no max
(10)
Funeral homes
P
225
6
no min
(1)
(2)
no max
(11)
Gas bars, with or without associated convenience stores
D
4.12.6
4.12.9
225
6
7.5
(1)
(2)
no max
(12)
Health care clinics
P
225
6
no min
(1)
(2)
no max
(13)
Hotels
P
225
6
no min
(1)
(2)
no max
(14)
Lumber yards, home improvement centres and building supply
establishments
D
3.10.4 (10)
225
6
no min
(1)
(2)
no max
(15)
Malls
D
3.10.4 (7)
225
6
7.5
(1)
(2)
no max
(16)
Medical, dental and optical laboratories
P
225
6
no min
(1)
(2)
no max
(17)
Motels
P
225
6
no min
(1)
(2)
no max
104
Table 6-5
C1 - COMMUNITY CENTRE COMMERCIAL DEVELOPMENT STANDARDS
for the Town of Maidstone
Principal Use
Development Standards
Designation
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 (%)
(18)
Offices and office buildings
P
225
6
no min
(1)
(2)
no max
(19)
Parking lots
D
4.12.10
225
6
no min
(1)
(2)
no max
(20)
Personal service shops
P
225
6
no min
(1)
(2)
no max
(21)
Photography studios
P
225
6
no min
(1)
(2)
no max
(22)
Printing plants and newspaper offices
P
225
6
no min
(1)
(2)
no max
(23)
Radio and television stations
P
225
6
no min
(1)
(2)
no max
(24)
Repair services, restricted to the repair of household goods and
appliances
P
225
6
no min
(1)
(2)
no max
(25)
Restaurants, with or without associated lounges
P
225
6
no min
(1)
(2)
no max
(26)
Retail stores
P
225
6
no min
(1)
(2)
no max
(27)
Service stations
P
4.12.6
4.12.11
225
6
7.5
(1)
(2)
no max
(28)
Shopping centres
D
3.10.4 (7)
225
6
7.5
(1)
(2)
no max
(29)
Theatres
P
225
6
no min
(1)
(2)
no max
(30)
Tourist information centres and booths
P
225
6
no min
(1)
(2)
no max
(31)
Undertaking establishments
P
225
6
no min
(1)
(2)
no max
(32)
Veterinary clinics
P
225
6
no min
(1)
(2)
no max
Community Service, Government, Recreational, Institutional and Other Uses
(1)
Cultural institutions
P
225
6
no min
(1)
(2)
no max
(2)
Places of worship
P
225
6
no min
(1)
(2)
no max
(3)
Public recreational facilities
P
no min
no min
no min
(1)
(2)
no max
(4)
Municipal facilities
P
no min
no min
no min
no min
no min
no max
(5)
Parks and playgrounds
P
no min
no min
no min
no min
3
no max
(6)
Public works, excluding warehouses, storage yards and sewage lagoons
P
no min
no min
no min
no min
no min
no max
105
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 6.5.5 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
(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
106
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
107
Table 6-6
C2 - HIGHWAY COMMERCIAL DISTRICT DEVELOPMENT STANDARDS
for the Town of Maidstone
Principal Use
Development Standards
Designation
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)
3.10.4 (18)
(1)
(1)
(1)
(1)
(1)
Commercial and Industrial Uses
(1)
Animal hospitals
P
600
20
6
3
(2)
(2)
Auto body shops
D
3.4.10 (11)
600
20
6
3
(2)
(3)
Automobiles, marine, recreational vehicle and equipment, agricultural
equipment and mobile home sales and service establishments
P
4.12.6
600
20
6
3
(2)
(4)
Automotive and industrial supply stores
P
600
20
6
3
(2)
(5)
Bingo halls
P
600
20
6
3
(2)
(6)
Bulk fuel dealers
D
4.12.6
3.10.4 (21)
600
20
6
3
(2)
(7)
Bus terminals
P
4.12.6
4.12.9
600
20
6
3
(2)
(8)
Car washes
P
600
20
6
3
(2)
(9)
Commercial recreational facilities
P
600
20
6
3
(2)
(10)
Construction trades
D
3.10.4 (11)
600
20
6
3
(2)
(11)
Convenience stores, with or without associated gas bars
P
4.12.6
4.12.9
600
20
6
3
(2)
(12)
Drive-in theatres
P
600
20
6
3
(2)
(13)
Financial institutions
P
600
20
6
3
(2)
(14)
Freight handling facilities
D
3.10.4 (11)
600
20
6
3
(2)
(15)
Funeral homes
P
600
20
6
3
(2)
(16)
Gas bars, with or without associated convenience stores
P
4.12.6
4.12.9
600
20
6
3
(2)
(17)
Health care clinics
P
600
20
6
3
108
Table 6-6
C2 - HIGHWAY COMMERCIAL DISTRICT DEVELOPMENT STANDARDS
for the Town of Maidstone
Principal Use
Development Standards
Designation
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum
Front Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
(18)
Hotels
P
600
20
6
3
(2)
(19)
Indoor storage rental facilities
D
3.10.4 (13)
600
20
6
3
(2)
(20)
Light industrial uses
D
3.10.4 (11)
600
20
6
3
(2)
(21)
Lumber yards, home improvement centres and building supply
establishments
P
600
20
6
3
(2)
(22)
Miniature golf courses
P
600
20
6
3
(2)
(23)
Motels
P
1600
20
7.5
3
(2)
(24)
Night clubs
D
3.10.4 (6)
600
20
6
3
(2)
(25)
Nurseries, greenhouses and garden centres
P
600
20
6
3
(2)
(26)
Office and office buildings
P
600
20
6
3
(2)
(27)
Parking lots
P
4.12.10
no min
no min
6
3
(2)
(28)
Personal service shops
P
600
20
6
3
(2)
(29)
Public garages
P
600
20
6
3
(2)
(30)
Recycling collection depots
D
3.10.4 (13)
600
20
6
3
(2)
(31)
Rental stores
P
600
20
6
3
(2)
(32)
Repair services, restricted to the repair of household goods and appliances
P
600
20
6
3
(2)
(33)
Restaurants, with associated lounges
D
3.10.4 (6)
600
20
6
3
(2)
(34)
Restaurants, without associated lounges
P
600
20
6
3
(2)
(35)
Retail stores
P
600
20
6
3
(2)
(36)
Service stations
P
4.12.6
4.12.11
600
20
6
3
(2)
(37)
Storage garages
D
3.10.4 (13)
600
20
6
3
(38)
Taverns
D
3.10.4 (6)
600
20
6
3
(2)
(39)
Taxidermy and accessory tanning of hides
D
3.10.4 (11)
600
20
6
3
(2)
(40)
Tourist campgrounds
D
3.10.4 (14)
600
20
6
3
(2)
109
Table 6-6
C2 - HIGHWAY COMMERCIAL DISTRICT DEVELOPMENT STANDARDS
for the Town of Maidstone
Principal Use
Development Standards
Designation
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum
Front Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
(41)
Tourist information centres and booths
P
600
20
6
3
(2)
(42)
Trucking operations
D
4.12.6
600
20
6
3
(2)
(43)
Veterinary clinics
P
600
20
6
3
(2)
(44)
Warehouses
D
3.10.4 (11)
600
20
6
3
(2)
(45)
Welding and machine shops
D
3.10.4 (11)
600
20
6
3
(2)
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Ambulance stations
D
3.10.4 (8)
600
20
6
3
(2)
(2)
Municipal facilities
P
no min
no min
no min
no min
no min
(3)
Parks and playgrounds
P
no min
no min
no min
no min
no min
(4)
Places of worship
P
600
20
6
3
(2)
(5)
Public works, excluding sewage lagoons
P
no min
no min
no min
no min
no min
(6)
Public recreational facilities
P
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 6.6.5 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
110
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)
Financial institutions; restaurants, without associated lounges; retail stores;
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
111
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.
(3)
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.
112
Table 6-7
MU - MIXED USE DISTRICT DEVELOPMENT STANDARDS
for the Town of Maidstone
Principal Use
Development Standards
Designation
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
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
no min
no min
no min
(2)
(3)
(4)
no max
(3)
Multiple unit dwelling (apartments)
P
185 /
unit
6 / unit
(7)
6
(9)(10)
no min
40 / unit
60
(4)
Multiple unit dwelling (townhouses)
P
225 /
unit
18
6
(9)(10)
no min
46 / unit
60
(5)
Semi-detached dwellings
D
275 (5)
9 (6)
6
1.2 (1)(10)
4.5
46
60
(6)
Single detached dwellings
D
360 (11)
12 (12)
6
1.2 (1)
4.5
70
50
(7)
Street townhouse dwellings
P
225
6
6
(9) (10)
no min
46 / unit
60
(8)
Two unit dwellings
D
550 (13)
18 (8)
6
1.2 (1)
4.5
92
50
Commercial Uses
(1)
Adult daycare - types I and II
P
4.12.1
360 (11)
12 (12)
6
1.2 (1)
4.5
70
50
(2)
Bakeries with retail sales
P
225
6
no min
(2)
(3)
no min
no max
(3)
Bed and breakfast homes
D
4.12.2
360 (11)
12 (12)
6
1.2(1)
4.5
70
50
(4)
Clubs
P
225
6
no min
(2)
(3)
no min
no max
(5)
Commercial recreation facilities, excluding rinks and golf courses
D
3.10.4 (3)
225
6
no min
(2)
(3)
no min
no max
(6)
Convenience stores, with or without associated gas bars
P
225
6
no min
(2)
(3)
no min
no max
(7)
Daycare centres and preschools
P
4.12.4
225
6
no min
(2)
(3)
no min
no max
(8)
Financial institutions
D
225
6
no min
(2)
(3)
no min
no max
(9)
Gas bars, with or without associated convenience stores
P
4.12.6
4.12.9
225
6
no min
(2)
(3)
no min
no max
(10)
Healthcare centres
P
225
6
no min
(2)
(3)
no min
no max
(11)
Home based businesses - type I
P
4.11
(12)
Home based businesses - type II
D
4.11
(13)
Laundromats
D
3.10.4 (15)
225
6
no min
(2)
(3)
no min
no max
113
Table 6-7
MU - MIXED USE DISTRICT DEVELOPMENT STANDARDS
for the Town of Maidstone
Principal Use
Development Standards
Designation
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 (%)
(14)
Medical, dental and optical laboratories
P
225
6
no min
(2)
(3)
no min
no max
(15)
Offices and office buildings
P
225
6
no min
(2)
(3)
no min
no max
(16)
Parking lots
D
4.12.10
no min
no min
no min
(2)
(3)
no min
no min
(17)
Personal care homes
P
4.12.3
360 (11)
12 (12)
6
1.2 (1)
4.5
70
50
(18)
Personal service shops
P
225
6
no min
(2)
(3)
no min
no max
(19)
Photographer studios
P
225
6
no min
(2)
(3)
no min
no max
(20)
Repair services, restricted to the repair of household goods and
appliances
P
225
6
no min
(2)
(3)
no min
no max
(21)
Residential care facilities
P
4.12.3
360 (11)
12 (12)
6
1.2(1)
4.5
70
50
(22)
Restaurants, without associated lounges
D
3.10.4(6)
225
6
no min
(2)
(3)
no min
no max
(23)
Retail stores
D
225
6
no min
(2)
(3)
no min
no max
(24)
Veterinary clinics
D
225
6
no min
(2)
(3)
no min
no max
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Ambulance stations
D
3.10.4 (8)
225
6
6
(2)
(3)
no min
no max
(2)
Municipal facilities
P
no min
no min
no min
no min
no min
no min
no max
(3)
Parks and playgrounds
P
no min
no min
no min
no min
3
no min
no max
(4)
Places of worship
P
225
6
no min
(2)
(3)
no min
no max
(5)
Public works, excluding warehouses, storage yards and sewage
lagoons
P
no min
no min
no min
no min
no min
no min
no max
(6)
Public recreational facilities
D
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.
114
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
(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
115
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 as 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,
116
iv)
utilization of hazardous substances
6.8.6
Exceptions to Development Standards
117
Table 6-8
M - INDUSTRIAL DISTRICT DEVELOPMENT STANDARDS
for the Town of Maidstone
Principal Use
Development Standards
Designation
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
3.10.4 (18)
(1)
(1)
(1)
(1)
(1)
Commercial and Industrial Uses
(1)
Animal hospitals
P
1100
30
6
3 (3)(4)
(2)
(2)
Auction markets, excluding livestock auction facilities
P
1100
30
6
(2)
(3)
Automobile, marine, recreational vehicle, and equipment, agricultural
equipment and mobile home sales and service establishments
P
4.12.6
1100
30
6
3 (3)(4)
(2)
(4)
Bulk fertilizer operations
D
3.10.4 (21)
(5)
Bulk fuel dealerships and storage
D
3.10.4 (21)
(6)
Cement and concrete plants
P
1100
30
6
3 (3)(4)
(2)
(7)
Consignment centres
P
1100
30
6
3 (3)(4)
(2)
(8)
Construction trades
P
1100
30
6
3 (3)(4)
(2)
(9)
Foundry works and boiler works
D
(10)
Gas bars
P
4.12.6
4.12.9
1100
30
6
3 (3)(4)
(2)
(11)
General industrial uses (see, Use, General Industrial)
P
1100
30
6
3 (3)(4)
(2)
(12)
Junk, salvage and auto wrecker yards
D
3.10.4 (19)
(13)
Light manufacturing
D
3.10.4 (11)
3.10.4 (12)
(14)
Lumber yards and building supply establishments
P
1100
30
6
3 (3)(4)
(2)
(15)
Nurseries, greenhouses and garden centres
P
1100
30
6
3 (3)(4)
(2)
(16)
Parking lots
P
4.12.10
1100
30
6
3 (3)(4)
(2)
(17)
Public garages
P
1100
30
6
3 (3)(4)
(2)
(18)
Sand and gravel operations
D
(19)
Seed cleaning plants and feed mills
D
1100
30
6
3 (3)(4)
(2)
118
Table 6-8
M - INDUSTRIAL DISTRICT DEVELOPMENT STANDARDS
for the Town of Maidstone
Principal Use
Development Standards
Designation
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum
Front Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
(20)
Service stations
P
4.12.6
4.12.11
1100
30
6
3 (3)(4)
(2)
(21)
Stock yards
D
3.10.4 (22)
(22)
Towers
D
(23)
Veterinary clinics
P
1100
30
6
3 (3)(4)
(2)
(24)
Warehouses
P
1100
30
6
3 (3)(4)
(2)
(25)
Wholesale establishments
P
1100
30
6
3 (3)(4)
(2)
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Municipal facilities
P
no min
no min
no min
no min
no max
(2)
Parks
D
no min
no min
no min
no min
no min
(3)
Public works, excluding sewage lagoons
D
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
(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.
119
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
120
Table 6-9
PR - PARKS AND RECREATION DISTRICT DEVELOPMENT STANDARDS
for the Town of Maidstone
Principal Use
Development Standards
Designation
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
310.4 (17)
1,000
30
6
3 (1)
6 (2)
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Community centres
D
3.10.4 (3)
450
15
6
3 (1)
6 (2)
(2)
Cultural institutions
D
3.10.4 (3)
450
15
6
3 (1)
6 (2)
(3)
Golf courses
D
3.10.4 (16)
no min
no min
no min
3 (1)
6 (2)
(4)
Municipal facilities
P
no min
no min
no min
no min
no min
(5)
Nature interpretation trails and associated facilities
P
no min
no min
no min
3 (1)
6 (2)
(6)
Public works, excluding sewage lagoons
P
no min
no min
no min
no min
6 (2)
(7)
Public recreation facilities
D
3.10.4 (3)
no min
no min
no min
3 (1)
6 (2)
(8)
Sports fields, parks and playgrounds
P
no min
no min
no min
3 (1)
6 (2)
(9)
Tourist information centres and booths
D
225
6
no min
3 (1)
6 (2)
(10)
Tourist campgrounds
D
3.10.4 (14)
1,000
30
6
3 (1)
6 (2)
(11)
Walking, hiking and/or ski trails and associated facilities
P
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
121
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
122
Table 6-10
FUD - FUTURE URBAN DEVELOPMENT DISTRICT DEVELOPMENT STANDARDS
for the Town of Maidstone
Principal Use
Development Standards
Designation
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
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
5000
15
6
6
6
no min
40
(2)
Nurseries, greenhouses and garden centres
D
5000
15
6
6
6
no min
40
(3)
Agricultural fair grounds
D
5000
15
6
6
6
no min
40
Commercial Uses
(1)
Home based business - type I
P
4.11
360 (1)
12 (2)
6
1.2 (3)
4.5
70
50
(2)
Home based business - type II
D
4.11
360 (1)
12 (2)
6
1.2 (3)
4.5
70
50
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Golf courses
D
3.10.4 (16)
5000
15
6
6
6
no min
no max
(2)
Municipal facilities
P
no min
no min
no min
no min
no min
no min
no min
(3)
Public works, excluding sewage lagoons
P
no min
no min
no min
no min
3
no min
no min
(4)
Radio, television and telecommunications towers and ancillary
facilities
D
no min
no min
3
3
3
no min
no max
(5)
Sand and gravel operations
D
5000
15
6
6
6
no min
no max
(6)
Sports fields, parks and playgrounds
P
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.
123
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
124
SECTION 7
MAPS
6
2
2
8
5
J
18
7
7
6
13
9
3
8
15
16
8
6
11
19
1
6
20
7
14
15
14
2
1
15
13
1
9
6
4
24
10
9
6
6
5
6
3
3
4
9
5
14
3
10
26
25
6
19
12
24
12
14
2
1
17
18
1
14
2
3
28
2
27
2
9
3
8
B
4
35
2
1
3
1A
12
3A
3
4A
5
1
9
16
7A
5
25
15
8A
26
4
11
13
10
1
14
31
10
5
24
2
27
6
5
50
10
3
8
8
3
4
6
6
11
12
13
17
16
10
9
11
2
8
15A
10
7
22
14
5
14
16
2
16
12
13
9
18
4
3
15
3
12
16
14
7
20
1
10
7
5
24
1
6
10
14
8
7
9
16
18
8
5
17
1
9
3
5
11
3
19
3
25
4
17
10
14
10
6
20
12
19
7
15
5
11
10
11
13
19
14
2
16
2A
11
7
14
12
4
22
2
7
18
24
20
14
16
9
21
12
9
17
21
23
26
7
35
36
48
2
8
5
8
9
2
5
6
7
5
9
10
1
5
2
G
6
11
12
10
14
13
9
2
7
23
8
3
8
19
11
6
1
19
3
15
6
11
4
22
3
8
1
1
3
7
2
13
16
9
11
18
7
5
20
21
6
19
3
15
3
1
16
14
13
22
C
1
20
11
5
5
1
34
32
31
3
4
11
7
6
15
6
12
18
11
21
27
12
18
32
4
34
2
5
43
8
9
11
1
11
C
14
3
17
3
9
12
5
6
4
17
4
14
10
21
6
20
17
10
2
18
11
3
17
21
13
1
21
23
22
1
9
7
3
2
2
7
6
1
2
13
19
5
14
2
20
3
15
16
2
11
4
1
13
16
3
16
25
5
19
9
3
30
6
26
10
18A
19
4
5
10
8
8
18
36
15
17
20
10
3
22
13
21
14
23
7
4
3
1
28
47
49
9
13
10
5
9
4
3
3
1
6
1
7
10
9
3
1
13
8
11
14A
11
4
3
10
2
11
5
12
4
22
6
15
12
22
20
4
4
19
6
19
22
19
26
4
5
1
3
7
23
9
3
10
25
5
6
4
5
24
12
15
6
4
18
23
1
21
22
1
21
13
9
1
21
9
3
5
19
4
18
18
17
1
4
D
21
10
3
A
2
4
6
29
4
17
25
9
8
6
8
17
13
6
9
17
14
18
10
28
12
24
12
22
33
8
5
3
7
12
5
4
3
4
1
4
3
4
F
11A
9
4
7
6
21
14
7
7
6
4
13
9
2
5
1
17
8
7
17
20
16
2
2
3
18
16
2
12
12
1
23
11
10
2
4
11
6
6
4
17
6
2
11
2
7
2
1
8
23
7
17
20
8
3
2
7
14
8
6
12
8
1
12
11
7
14
5
2
1
2
3
15
18
23
22
5A
21
19
8
5
16
11
19
29
8
30
15
1
42
2
8
6
7
7
8
D
B
2
4
16
19
20
15
5
14
15
8
6
1
2
12
13
9
23
18
22
4A
9
18
10
5
11
3
5
13
18
2
1
24
14
27
21
8
12
12
7
9
8
11
13
8
7
9
5
5
4
10
8
22
5
11
20
19
13
8
22
15
1
16
6
12
12
2
2
26
17
15
24
12
6
23
8
9
10
4
17
13
10
21
23
6A
7
13
20
14
2
11
20
13
11
22
19
6
6
26
8
7
45
44
4
1
45
46
6
1
7
1
A
E
H
21
16
8
10
12
1
1
5
13
15
7
3
7
17
5
5
21
16
4
20
18
4
2
17
14
8
19
11
20
8
13
25
10
7
12
2
15
7
4
8
4
1
1
15
2
16
13
4
17
1
4
14
29
13
7
7
2
1
18
12
13
33
28
27
3
24
19A
20
20A
7
19
16
19
17
22
23
13
15
9
8
7
20
16
24
9
25
25
3
6
37
41
51
11
12
14
10
12
12
39
46
17
17
30
30
22
21
21
8
1
1
21
14
5
5
28
28
50
24
18
34
10
10
10
4
4
4
37
45
2
2
2
36
44
27
31
2
50
35
3
3
3
16
51
35
34
23
9
9
9
1
1
1
1
29
29
22
32
25
26
19
35
24
18
43
38
23
33
33
27
6
6
41
14
14
7
7
31
26
11
11
42
28
4
49
47
48
13
13
5
5
32
20
20
3
C
1
E
R2
B1
U2
R2
R
C
MB9
A
P
U3
M
A
A
B3
A
G
S1
F
K
A
CNR
MB1
KK
B1
MR5
R4
N
A
M
R4
CONDO
B2
S1
Q
D
A
B1
G
R1
J
S
B2
C
L
CNR
U
A
U1
B
5
AV
5 AVENUE
CS
RAILWAY
AV
5
AV
6 AVENUE
PL
2
ST
ALBERT
ST
MAIN
ST
1
ST
2
ST
2
AV
KING
ST
4
AV
2
ST
1
ST
1
AV
4
AV
MAIN
ST
1
ST
1
ST
1
ST
1
ST
RAILWAY
AV
HWY 21
SERVICE
RD
PINE
AV
BIRCH
DR
4
ST
2
AV
5
AV
RAILWAY
AV
1
ST
1
ST
MAIN
ST
MAIN
ST
3
AV
1
AV
2
AV
1
AV
2
ST
HWY 21
ASH
ST
RAILWAY
AV
4
AV
4
AV
3
ST
6
AV
1
ST
4
AV
1
ST
RAILWAY
AV
6
AV
MAIN
ST
MAIN
ST
RAILWAY
AV
1
ST
5
AV
WESTON
AV
3
ST
HWY 16
BIRCH
DR
4
AV
HWY 16
WESTON
AV
CEDAR
CR
BIRCH
DR
4TH
AV
SERVICE
RD
4
ST
2
ST
4
AV
1
AV
3
AV
2
AV
6
AV
1
ST
HWY 21
2
ST
1
AV
4
AV
2
AV
KING
ST
HWY 16
RAILWAY
AV
1
ST
6
AV
2
AV
MAIN
ST
WESTON
AV
2
ST
2
ST
4
AV
HWY 21
ASH
ST
MAIN
ST
HWY 21
HWY 16
2
AV
SECOND
ST
4
AV
2
ST
2
AV
1
ST
4
AV
MAIN
ST
1
ST
3
ST
OAK
AV
HILLVIEW
CR
BIRCH
DR
4
AV
2
AV
2
ST
3
AV
5
AV
3
AV
5
AV
4
AV
SPRUCE
ST
SPRUCE
ST
SERVICE
RD
1
ST
PEARSONLITTL
C2
C2
R2
C2
C2
R1
R2
R2
R2
R2
C2
RMH
FUD
FUD
R1
C1
CS
CS
CS
FUD
FUD
M
0
25
50
100
250m
Minister
Saskatchewan Government Relations
Approved on the day of
Town Administrator
This is the Zoning District Map which
accompanies Bylaw Number
adopted by the Town of Maidstone.
ZONING
DISTRICT
MAP
Town of Maidstone
Mayor
PROJECT NO.
CHA 08022
12/07/24
DATE
ZONING DISTRICTS
LOW DENSITY RESIDENTIAL DISTRICT
MEDIUM DENSITY RESIDENTIAL DISTRICT
MOBILE HOME RESIDENTIAL DISTRICT
COMMUNITY SERVICE
COMMERCIAL
HIGHWAY COMMERCIAL
MIXED USE
INDUSTRIAL
PARKS AND RECREATION
FUTURE URBAN DEVELOPMENT
PR
FUD
M
MU
C2
C1
CS
R2
R1
407 1st Ave. North
Saskatoon SK S7K 1X5
www.crosbyhanna.ca
T (306) 665-3441
F (306) 652-9613
LANDSCAPE ARCHITECTURE
COMMUNITY PLANNING
RMH
Sheet 1 of 2
6
2
J
7
7
6
13
9
8
1
8
6
15
13
24
6
6
5
3
3
10
26
25
24
12
2
17
18
1
2
28
27
10
9
8
3
3
1
8
8
3
4
6
16
11
2
8
10
14
5
14
16
16
18
4
3
20
5
24
1
10
5
1
9
3
3
4
14
19
13
10
2
8
5
8
9
2
5
6
9
5
2
G
6
10
14
13
7
3
19
1
3
15
1
22
3
8
3
22
20
10
8
9
4
11
1
11
C
3
3
9
12
6
4
21
17
2
21
22
1
2
7
6
1
3
25
5
9
13
5
10
5
9
4
3
3
1
7
10
1
11
11
10
11
12
22
15
22
20
19
19
26
23
9
25
5
6
4
1
21
19
4
21
7
6
12
2
5
4
3
4
1
F
9
4
21
14
7
6
4
2
1
17
16
18
16
12
1
23
4
6
4
2
7
2
1
23
20
2
14
11
7
8
6
7
7
8
D
B
4
15
5
12
13
9
23
4A
18
11
2
14
27
21
12
11
7
8
5
11
13
22
15
1
16
26
24
23
17
6
1
7
A
E
H
8
12
1
5
13
15
7
17
5
21
20
18
2
17
14
19
20
13
2
4
4
2
1
29
18
12
11
12
14
10
47
47
12
12
46
1
18
4
4
4
45
2
2
2
44
3
3
3
51
25
26
19
18
43
41
47
26
42
49
13
13
E
R
MB9
P
L1
A
G
F
CNR
H
KK
B1
M
H
A
M
S1
Q
D
G
L2
S
B2
L
CNR
B
E
RAILWAY
AV
2
ST
PEARSONLITTL
AV
PEARSONLITTL
AV
2
ST
1
ST
1
AV
MAIN
ST
1
ST
1
ST
RAILWAY
AV
4
ST
2
AV
RAILWAY
AV
MAIN
ST
1
AV
RAILWAY
AV
3
ST
1
ST
RAILWAY
AV
MA
ST
RAILWAY
AV
WESTON
AV
3
ST
HWY 16
WESTON
AV
1
AV
WESTON
AV
RAILWAY
AV
WESTON
AV
MAIN
ST
HWY 21
2
AV
2
ST
2
AV
3
ST
2
AV
PEARSONLITTL
AV
1
ST
PEARSONLITTL
AV
C2
R1
C2
R2
C2
RMH
FUD
C1
M
FUD
0
25
50
100
250m
Minister
Saskatchewan Government Relations
Approved on the day of
Town Administrator
This is the Zoning District Map which
accompanies Bylaw Number
adopted by the Town of Maidstone.
ZONING
DISTRICT
MAP
Town of Maidstone
Mayor
PROJECT NO.
CHA 08022
12/07/24
DATE
ZONING DISTRICTS
LOW DENSITY RESIDENTIAL DISTRICT
MEDIUM DENSITY RESIDENTIAL DISTRICT
MOBILE HOME RESIDENTIAL DISTRICT
COMMUNITY SERVICE
COMMERCIAL
HIGHWAY COMMERCIAL
MIXED USE
INDUSTRIAL
PARKS AND RECREATION
FUTURE URBAN DEVELOPMENT
PR
FUD
M
MU
C2
C1
CS
R2
R1
407 1st Ave. North
Saskatoon SK S7K 1X5
www.crosbyhanna.ca
T (306) 665-3441
F (306) 652-9613
LANDSCAPE ARCHITECTURE
COMMUNITY PLANNING
RMH
Sheet 2 of 2