City of Melfort Zoning Bylaw No. 96-09 (Office Consolidation to May 2019)

Melfort, Saskatchewan · No. 96-09 · adopted 1996-07-15 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 67472967dd8b · verified 2026-09-27 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

i THE CITY OF MELFORT Office Consolidation THE ZONING BYLAW NO. 96-09 Including Amendments to May, 2019 All persons making use of this consolidation are reminded that it has no legal status and that the amendments have been embodied for convenience of reference only. A certified copy of the Bylaw and amendments should be consulted for all purposes of interpreting and applying the law. ii AMENDMENTS TO THE ZONING BYLAW 96-09 AMENDMENTS DATE PASSED Bylaw 98 - 09 July 13, 198 Bylaw 9 - 08 Amend Zoning District Map June 14, 19 Bylaw 01 - 17 Amend Zoning District Map October 15, 201 Bylaw 02 - 13 January 13, 203 Bylaw 03 - 15 Amend Zoning District Map July 14, 20 3 Bylaw 04 - 01 Amend Zoning District Map - Pcl "AU" April 5, 204 Bylaw 04 - 02 April 19, 204 Bylaw 205 - 13 October 3, 205 Bylaw 205 - 19 Amend Zoning District Map - Bl 69 - R1 to R2 January 16, 206 Bylaw 206 - 01 Amend Zoning District M ap - March 20, 206 Rezone Pcl A from UH to M2 Bylaw 206 - 04 March 20, 206 Bylaw 207 - 10 Amend Zoning District Map May 14, 207 Rezone from UH to R2: Lots 6 - 20, Block 9, Plan O4313 Lots 1 - 15, Block 1, Plan Q104 Lots 1 - 15, Block 12, Plan Q104 Bylaw 207 - 18 Amend Zoning District Map July 16, 207 Rezone new subdivided Lot 34, Bl 50 (formerly east ½ of Lots 7 - 9, Bl 50 Pl U1046) from C1 to R2. Bylaw 207 - 2 August 13, 207 Bylaw 207 - 23 August 13 , 207 Bylaw 207 - 27 January 21, 208 Bylaw 208 - 05 Amend Zoning District Map February 1, 208 Rezone from R1 to R2 Lots 1 - 19, Block 38, Plan H5028 (former Broadway Schol) Bylaw 208 - 13 May 12, 208 Bylaw 208 - 20 Amend Zonin g Di strict Map J J uly 14, 208 - Parcels J, K, L, Block T Bylaw 208 - 28 Repealed - March 9, 209 December 8, 208 Bylaw 208 - 31 Amend Zoning District Map - Sections 2, 7 & 10 January 12, 209 Bylaw 209 - 15 July 13, 209 Bylaw 209 - 16 A ugust 10, 209 Bylaw 209 - 17 Amend Zoning District Map October 19, 209 Rezone Lot 12, Bl 16, Pl G3640 from C4 to R2 Bylaw 209 - 19 Repealed - July 12, 2010 Amend Zoning District Map November 16, 209 Rezone Lots 1 - 1, Pcl AC from UH to R1A - AC1 Ad Clause 10.3.8 - Architectural Control District AC1 Bylaw 209 - 20 Revise R1A square fotage January 1, 2010 Bylaw 2010 - 13 Amend Zoning District Map July 12, 2010 Rezone Pcl AC from R1A to R1B Ad Clause 10.3B - R1B - Low Densit y Residential iii Bylaw 2010 - 17 Amend Zoning District Map - Rezone Parcel 'M' August 3, 2010 From UH to C2. Amend Subsection 10.4.4(3). Bylaw 201 - 04 Ad Group Care Facilities as a discretionary use April 1, 201 In R3 - Subsection 10.5.2 Bylaw 201 1 - 12 Amend Zoning District Map - Rezone Museum June 13, 201 Grounds from R2 to UH Bylaw 201 - 15 Amend Zoning District Map - Rezone Museum July 1, 201 Lot 1 from R2 to UH Amend subsection 8.1(4) - "50" to "75" Bylaw 201 - 23 Amend Zoning Dist rict Map - Rezone Lots 12 - 17 November 14, 201 From R2 to R3. Revise 10.5.4(1.1) - Townhouses. Bylaw 201 - 29 Amend Zoning District Map - rezone iner - City January 16, 2012 Properties from R1 to R2. Bylaw 2012 - 07 Ame nd s 10.5.4(1) to reduce minimum f ront May 14, 2012 yard on McPhe Bay to 15 ft. Bylaw 2012 - 0 9 Amend Zoning District Map - rezone Blk W from June 4, 2012 To UH; rezone Lot 13 Blk 71 from R2 to R3. Bylaw 2012 - 15 Amend 5.6(1)(a)(c)(d) and delete 5.6(1)(g) - August 13, 2012 Seco ndary Suites Bylaw 2012 - 17 Amend Zoning District Map - rezone Lots 7&8 September 10, 2012 From C4 to R2; Amend 10.3B.4 - R1B sideyard Bylaw 2012 - 18 Amend Zoning District Map - rezone Blk C, October 15, 2012 Plan 101804206, Ext. 94 from UH to C2. B ylaw 2012 - 23 Amend Zoning District Map - rezone Lot 1, January 14, 2013 Block 38, Plan H5028 from R2 to R3. Bylaw 2013 - 12 Amend Zoning District Map - rezone Lots 1 - 5 June 10, 2013 Bl. 9 and Lots 16 - 19, Block 12 from UH to R2. Bylaw 2013 - 18 Ad S hiping Container regulations Section 5.8 October 7, 2013 and amend Sign regulations Section 7. Bylaw 2014 - 05 Amend Zoning District Map - rezone Block L April 14, 2014 Plan 9PA1821 from UH to C2. Bylaw 2014 - 15 Amend Zoning District Map - rezone Block P August 1, 2014 From C3 to R3. Bylaw 2014 - 20 Amend Zoning District Map - rezone Lot 25 October 6, 2014 Bl 48, Pl U1046 from R2 to C1. Bylaw 2014 - 26 Amend Section 2 - Manufactured/Modular Homes January 12, 2015 Ad Subsection 4.2.2(2) B ylaw 2015 - 1 Amend Zoning District Map - rezone Lot 8, June 8, 2015 Block 103 from R1A to R3. Bylaw 2015 - 12 Amend Section 2 - Definitions and Section 7 - June 8, 2015 Sign Regulations. Bylaw 2015 - 14 Amend Zoning District Map - rezone Blk/Par P July 13, 2015 From R3 to C1 Bylaw 2016 - 02 Amend Sec 2 - Definitions - Comunity Centre March 14, 2016 Bylaw 2016 - 21 Amend Zoning District Map - rezone Blk/Par AD, November 7, 2016 Pl 8PA12780 from UH to C2 Bylaw 2016 - 26 Amend to ad ICS - Institu tional Comunity January 16, 2017 Service District. Amend Zoning District Map to rezone Hospital block from R2 to ICS iv Bylaw 2017 - 05 Amend Zoning District Map - rezone Lot 10, Blk 20, April 10, 2017 Plan G3640 from R2 to C1 Bylaw 2017 - 15 Amend Zoning District Map - rezone Lot 17, Blk 1, August 14, 2017 Plan 73PA17023 from C4 to R2 Bylaw 2017 - 18 Amend Zoning District Map - rezone Lots 29 - 31 November 13, 2017 Plan 1021947 from R3 to R2 Bylaw 2018 - 04 Amend Zoning District Map - rezone Lot s 4 - 8, May 7, 2018 Blk 8, Plan I362 from R4 to R2 Bylaw 2018 - 06 DEFEATED May 7, 2018 Bylaw 2018 - 13 Amend Zoning District Map - rezone Lots 10 - 19, August 13, 2018 Blk 1, Plan E456 from C1 to C2; rezone portion of Broadway Ave S from M1 to C1 Bylaw 2018 - 15 Aprove retail canabis in C1, C2 & C3 zones August 23, 2018 Bylaw 2019 - 06 DEFEATED April 15, 2019 Bylaw 2019 - 07 DEFEATED April 15, 2019 Bylaw 2019 - 09 Amend Zoning District Map - re zone portion of May 6, 2019 Blk 5 (Or Drive west leg) from R1A to R2 v TABLE OF CONTENTS SECTION 1 - INTRODUCTION ............................................................ 1 1.1 Title ................................................................... 1 1.2 Purpose ................................................................ 1 1.3 Scope .................................................................. 1 1.4 Severability .............................................................. 1 SECTION 2 - DEFINITIONS .............................................................. 1 SECTION 3 - ADMINISTRATION ......................................................... 10 3.1 Development Oficer ...................................................... 10 3.2 Development Permit ...................................................... 10 3.3 Aplication for a Development Permit .......................................... 10 3.4 Review of Aplications ..................................................... 10 3.5 Decision ............................................................... 11 3.6 Revocation of Decision ..................................................... 11 3.7 Development Apeals ...................................................... 11 3.8 Amendment of the Zoning Bylaw .............................................. 12 3.9 Ofenses and Penalties ..................................................... 12 3.10 Contract Zoning ......................................................... 12 3.1 Minor Variances to the Zoning Bylaw .......................................... 13 SECTION 4 - GENERA L REGULATIONS ................................................... 14 4.1 Al Zoning Districts ....................................................... 14 4.2 Residential Districts ....................................................... 16 4.3 Comercial and Industrial Districts ........................................... 18 SECTION 5 - SPECIAL PROVISIONS ...................................................... 19 5.1 Discretionary Uses ........................................................ 19 5.2 Bed and Breakfast Lodging .................................................. 19 5.3 Home Ocupations (Home Based Busines) ....................................... 20 5.4 Service Stations and Gas Bars ................................................ 20 5.5 Personal Care Homes ...................................................... 20 5.5 Personal Care Homes ...................................................... 21 5.5 Personal Care Homes ...................................................... 21 SECTION 6 - SPECIAL OVERLAY ZONES .................................................. 22 6.1 Architectural Control Dis trict Overlay .......................................... 22 6.2 Holding Provision Overlay .................................................. 23 6.3 Flodway Fringe Overlay ................................................... 23 6.2 General Regulations ....................................................... 26 6.3 Sign Regulations for Residential Districts ........................................ 27 6.4 Sign Regulations for Comercial and Industrial Districts ............................. 27 6.7 Signs Permited at Council's Discretion ......................................... 31 6.6 Regulations for Aditional Signs .............................................. 32 6. 8 Total Sign Facial Area ..................................................... 32 vi SECTION 8 - Of - Stret PARKING AND LOADING REGULATIONS ................................ 33 8.1 General Regulations ....................................................... 33 8.2 Of - Stret Parking ........................................................ 33 8.3 Payment of Cash - In - Lieu of Required Of - Stret Parking ............................. 35 8.4 Of - Stret Loading ........................................................ 35 SECTION 9 - ZONING DISTRICTS AND ZONING MAP ......................................... 36 9.1 Clasification of Zoning Districts .............................................. 36 9.2 The Zoning District Map ................................................... 36 9.3 Boundaries of Zoning Districts ............................................... 36 9.4 Zoning District Schedules ................................................... 36 SECTION 10 - ZONING DISTRICT SCHEDULES .............................................. 37 10.1 UH - Urban Holding District ................................................. 37 10.2 R1 - Low Density Residential District ........................................... 37 10.3 R1A - Low Density Residential District ......................................... 39 10.4 R2 - Medium Density Residential District ........................................ 40 10.5 R3 - Multiple Unit Residential District .......................................... 42 10.6 R4 - Mobile Home Residential District .......................................... 44 10.7 C1 - Retail Comercial District ............................................... 45 10.8 C2 - Highway Com ercial District ............................................ 48 10.9 C3 - Shoping Centre Comercial District ....................................... 49 10.10 C4 - Neighbourhod Comercial District ...................................... 51 10.1 M1 - Light Industrial District ............................................... 52 10.12 M1A - Light Industrial District .............................................. 53 10.13 M2 - Heavy Industrial District .............................................. 53 10.14 FW - Flodway District ................................................... 54 SECTION 1 - REPEAL AND EFECTIVE DATE OF THE BYLAW ................................ 58 1.1 Repeal ................................................................ 58 1.2 Efective Date Of The Bylaw ................................................. 58 City of Melfort Zoning Bylaw No. 96-09 Page 1 SECTION 1 - INTRODUCTION Under the authority granted by The Planing and Development Act, 1983 , the Mayor and Council of the City of Melfort, in the Province of Saskatchewan, in open meeting hereby enact as follows: 1 . 1 Title The Bylaw shall be known and may be cited as the "Zoning Bylaw" of the City of Melfort. 1 . 2 Purpose The purpose of this Bylaw is to regulate development in the City of Melfort to provide for the amenity of the area and for the health, safety and general welfare of the inhabitants of the municipality. 1 . 3 Scope Development shall hereafter be permitted within the limits of the City of Melfort only when in conformity with the provisions of this Bylaw. 1 . 4 Severability If any section, clause, or provision of this Bylaw, including anything shown on the Zoning Map, is for any reason declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Bylaw as a whole or any part thereof, other than the section, clause or provision, including anything shown on the Zoning Map, so declared to be invalid. SECTION 2 - DEFINITIONS Wherever in this Bylaw the following words or terms are used, they shall, unless the context otherwise provides, be held to have the following meaning: Acesory Use - a use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building. Adult Entertainment Establishment - a building or any part thereof where for any consideration live entertainment, motion pictures, video tapes, video discs, slides or other similar electronic or photographic reproductions, the main feature is the nudity or partial nudity of any person, are performed or shown. Alteration - any structural change or addition made to any building. Apartment - a building divided into three or more dwelling units as herein defined, each of which is occupied or intended to be occupied as the permanent home or residence as distinct from a hotel or rooming house. Aproved - approved by the Council of the City of Melfort. Awning - a canvas material stretched over a frame, plastic, vinyl or lightweight metal shelter projecting from a wall over a window or entrance to a building. Bare Land Condominium - a bare land condominium as defined in The Condominium Property Act, 193 . Bed and Breakfast Lodging - a dwelling unit, licensed as a tourist home under The Tourist Acomodation Regulations, 1969 , in which overnight accommodation within the dwelling unit, along with one meal served before noon, is provided to the travelling public for a charge. Page 2 City of Melfort Zoning Bylaw No. 96-09 Building - a structure constructed or placed on, in or over land but does not include a public highway. Building Acesory - a subordinate detached building appurtenant to a principal building or principal use and located on the same lot, the purpose of which is to provide better and more convenient enjoyment of the principal building or principal use. Building Bylaw - a Bylaw of the City of Melfort regulating the erection, alteration, repair, occupancy, or maintenance of buildings and structures. Building Height - the vertical distance of a building measured from grade level to the highest point of the roof. Building Permit - a permit, issued under the Building Bylaw of the City of Melfort, authorizing the construction of all or part of a building or structure. Building, Principal - a building in which is conducted the main or primary use of the lot on which said building is situated. Building line, established - the average distance from the street line to the main wall of existing buildings on any side of any block where more than half the frontage has been built. Canopy - a non-retractable, permanent roof-like or free-standing structure extending from part or all of a building, constructed of durable materials. City - the City of Melfort. City Clerk - the City Clerk (Administrator) of the City of Melfort. Club - a service club or private club which involves recreational, social, cultural or athletic activities. Comercial Entertainment Establishment - A recreation or amusement facility operated as a business and open to the general public for a fee such as an amusement arcade, bowling alleys, theatres, billiard parlour, and bingo hall licensed by the Saskatchewan Liquor and Gaming Authority, but not an adult entertainment establishment. Comunity Centre - a facility operated by the city or a non-profit organization for meetings, social events, education sessions, recreational activities and similar uses and open to the public. Comunity Organization - a municipality, club, society, or non-profit organization. Convenience store - a development used for the retail sale of goods required by area residents on a day to day basis. Typical uses include small stores selling confectionery, groceries, tobacco, personal care items, hardware, or printed matter, with a gross floor area of less than 300 square metres (3,229.28 sq. ft.). Council - the Council of the City of Melfort. Day Care Centre - a facility which provides for the non parental care of pre-school age children, and includes, but is not limited to: (a) A child care centre or day care centre which is required to be licensed by the Province of Saskatchewan pursuant to The Child Care Act ; or (b) A nursery school for pre-school children. Design Flod - is defined as: (a) A 500-year flood; (b) A flood having a return period greater than 500 years; City of Melfort Zoning Bylaw No. 96-09 Page 3 (c) A recorded flood having water surface elevations equal to or exceeding those of the 500 year flood; or (d) A flood that would result from a specified input yielding water surface elevations equal to or exceeding those of the 500-year flood. Design Flod Level - the elevation of the design flood discharge for each site along the water course. Development - 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 of any building or land. Development Oficer - the officer of the City of Melfort appointed pursuant to Section 3.1 to administer this Bylaw. Development Permit - a permit, issued by the Council of the City of Melfort or its designate that authorizes development but does not include a building permit. Discretionary Use - 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. Dweling Unit - one or more habitable rooms constituting a self-contained unit and used or intended to be used together for living and sleeping purposes by one or more persons. Dweling Unit Group - two or more single detached or semi-detached or multiple unit dwellings located on a single lot or parcel, or developed as a bare land condominium plan. Dweling, Single Detached - a detached building consisting of one dwelling unit as herein defined; and occupied or intended to be occupied as a permanent home or residence, but shall not include a mobile home as herein defined. Dweling, Duplex - a building divided horizontally into two dwelling units as herein defined. Dweling, Multiple Unit - a building divided into three or more dwelling units as herein defined and shall include, amongst others, town or row houses and apartments as distinct from a rooming house, hotel or motel. Dweling, Semi - Detached - two dwelling units side by side in one building unit with a common party wall which separates, without opening the two dwelling units throughout the entire structure. Family Child Care Home - a child care facility located in a building where the principal use is a dwelling unit, and which is licensed by the Province of Saskatchewan pursuant to The Child Care Act . Flor Area - the maximum habitable area contained within the outside walls of a building, excluding in the case of a dwelling, any private garage, porch, veranda, sunroom, unfinished attic or unfinished basement. Flodway - a waterbody or the channel of a watercourse and those portions of the adjoining flood plains which are reasonably required to carry and discharge or contain the design flood with a known hydraulic impact. Flodway Fringe - that portion of the flood hazard area not lying within a floodway which may hereafter be covered by flood waters up to the design flood level. Development of this land will not create an excessive hindrance to the hydraulic efficiency of the watercourse. Flod Hazard Area - the area that would be inundated by the design flood. Flod Profing - any combination of structural and non-structural additions, changes or adjustments to structures or land which reduces or eliminates flood damage by using a level of the freeboard elevation. Page 4 City of Melfort Zoning Bylaw No. 96-09 Freboard Elevation - the elevation of the design flood plus a freeboard of 0.5 metres (1.64 ft.). Garage, Private - a building or part of a building used or intended to be used for the storage of motor vehicles and having a capacity for not more than three motor vehicles for each dwelling unit to which the garage is accessory and shall include a carport. Garage, Public - a building or part of a building other than a private garage used for the storage, care, repair, servicing or equipping of motor vehicles or where such vehicles are kept for remuneration, hire, sale or display. Gas Bar - a commercial facility predominately for the sale of gasoline, diesel and propane, and may offer for sale other petroleum products and vehicle accessories. Grade Level - an average of the finished surface of the ground adjacent to the exterior walls of the building or structure. Gros Flor Area - the total floor area in a principal building or structure measured between the exterior faces of the exterior walls of the building or structure at the level of each story below, at and above grade, excluding attics, balconies, boiler rooms, electrical or mechanical rooms, and basement areas used exclusively for parking or storage. Group Care Facility - a supervised residential dwelling unit, licensed or approved under provincial statute, for the accommodation of persons, excluding staff, referred by hospitals, courts, government agencies or recognized social service agencies or health care professionals. Home Ocupation - an occupation, trade, profession or craft customarily conducted entirely within a residential building or accessory building and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the residential use of the dwelling and does not change the character thereof. Hotel - buildings or structures or part thereof, used or advertised as a place where sleeping accommodations are provided and may include accessory uses. Lane - a secondary public thoroughfare intended primarily to give access to the rear or side of the abutting property. Lot - an area of land with fixed boundaries and which is of record in the Land Titles office by Certificate of Title. Lot Line - Front - the boundary that divides the lot from the street, in the case of a corner lot, the front lot line shall mean the boundary separating the narrowest street frontage of the lot. Lot Line - Rear - the boundary at the rear of the lot and opposite the front lot line. Lot Line - Side - a lot boundary other than a front or rear lot line. Mini Mal - a single story structure in which a minimum of two (2) of the permitted and discretionary uses of the zoning district are located together, each use having a separate entrance to the outside, and having a gross floor area of less than 3,251 square metres (35,000 sq. ft.). Manufactured Home - commonly known as a mobile home, means a dwelling unit which is completely constructed in a factory on a steel sub-frame to which wheels may be attached for transportation to the site and which conforms to the CAN/CSA Z240-MH Series standard (dated 1986 or later). Mayor - the Mayor of the City of Melfort. City of Melfort Zoning Bylaw No. 96-09 Page 5 Minister - the member of the Executive Council to whom, for the time being, is assigned the administration of The Planing and Development Act, 1983. Mobile Home - a trailer coach that is used as a dwelling for permanent or year round living, and that has water faucets and a shower head or bathtub that may be connected to a water distribution system, and that has a wash basin and water closet that may be connected to a sewage system and comply with Canadian Standards Association No. Z240 for mobile homes or subsequent standards and which is certified by the manufacturer that it complies with the Canadian Standards Association Code CSA-Z240 series standards. Mobile Home Lot - a parcel or piece of land for the placement of a mobile home and for exclusive use of its occupants. Mobile Home Cou rt - any lot on which two or more occupied mobile homes are located but does not include an industrial or construction camp or tourist campsite. Modular Home - means a dwelling unit that is constructed away from the site in a factory. It is constructed in large sections and is definitively described using the following common housing configurations: single-detached or multi-family, single level or multi-storey; therefore, type of commonly modular homes described as single family, town-home, duplex, two storey, etc. This home shall meet the CAN/CSA-A277 standard (dated 1990 or later) as well as the National Building Code 9.15.2 and 9.15.1.3. Motel - buildings or structures or parts thereof, used or advertised as a place where sleeping accommodations are provided and may include accessory uses. Non - Conforming Building - A building: a) That is lawfully constructed or lawfully under construction, or in respect to which all required permits have been issued, on the date that this Bylaw or any amendment to the Bylaw affecting the building or land on which the building is situated or will be situated, becomes effective, and b) That on the date this Bylaw or any amendment hereto becomes effective does not or when constructed will not comply with this Bylaw. Non - Conforming Use - A lawful specific use: a) Being made of land or a building or intended to be made 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. Parking Lot - an open area, other than a street, used for temporary parking of more than four (4) automobiles and available for public use whether free, for compensation or as an accommodation for clients and customers. Parking Space, Automobile - a space with a minimum area of 18.5 square metres (199.14 square ft.) within a building or parking lot for the parking of one (1) automobile including convenient access to a public lane or street. Public Work - a) Systems for the production or distribution of electricity; b) Systems for the distribution of natural gas or oil; c) Facilities for the storage, transmission, treatment, distribution or supply of water; d) Facilities for the collection, treatment, movement or disposal of sanitary sewage; or Page 6 City of Melfort Zoning Bylaw No. 96-09 e) Telephone or light distribution lines, that are owned or operated by the Crown or a municipality. Personal Care Home - 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 Establishment - a development used for the provision of personal services to an individual which are related to the care and appearance of the body, or the cleaning and repair of personal effects including barbershops, hairdresser, beauty salons, tanning salons, tailors, dressmakers, shoe repair shops. Recreation Vehicle œ means motor-home, travel trailer, fifth wheel trailer, any camper mounted on a truck or placed on the ground, on a stand, camper van conversions, and tent trailers constructed to provide full self- contained sewage facilities in such a manner to permit occupancy thereof as a temporary sleeping place. Retail Store - Establishments engaged in selling goods or merchandise to the general public for personal or household use; and rendering services incidental to the sale of goods such as groceries, hardware, dry goods, sporting goods, novelties, jewellery, household appliances, books and magazines. Roming House - a building containing more than one rooming unit. Roming Unit - a room or rooms for accommodation other than a dwelling unit or other form of accommodation defined elsewhere in this Bylaw with sleeping facilities but without private toilet facilities. Row House or Town House - a building divided into three or more dwelling units located side by side under one-roof and sharing party walls. Service Station - a building which is a principal use on a lot or a structure which is an accessory use in a clearly defined space on a lot; where gasoline or other motor fuels are kept for sale and delivery directly into a motor vehicle, and where the service station is a principal use on the lot, it may also include the servicing and repairing of motor vehicles. Shoping Centre - a building or group of buildings on the same site and managed as a single unit, in which more than four (4) of the permitted uses are located for their mutual benefit, including the use of off-street parking and other joint facilities that is greater in size than a mini-mall. A shopping centre typically includes a major department or retail anchor store. Shoping Mal - see "Shopping Centre". Sight Triangle - the area contained in the triangle formed by the corner property lines and a straight line drawn from a point 7.5 metres (24.61 ft.) from the corner property pin to a similar point 7.5 metres (24.61 ft.) along the perpendicular or intersecting property line. Sign - any device, letter, figure, symbol, emblem or picture, which is affixed to or represented directly or indirectly upon a building, structure or a piece of land and which identifies or advertises any object, product, place, activity, person, organization, or business in such a way as to be visible to the public on any street or thoroughfare. Sign, Awning - a non-illuminated sign painted or affixed to the surface of an awning which does not extend beyond the perimeter of the awning. Sign, Bilboard - a large poster panel or painted bulletin, mounted on a frame and posts and includes any structural panel, board or object designed exclusively to support such a poster panel or painted bulletin. Billboards draw attention to or communicate information about a business, commodity, accommodation, or City of Melfort Zoning Bylaw No. 96-09 Page 7 other activity that is conducted, sold or offered at a location other than the lot on which the sign is located. Sign, Canopy - a sign attached to, or constructed in or on the face of a canopy but does not include an under- canopy sign. Sign, Comunity Organization - a sign which draws attention to or communicates information about a community organization's events, service, cause or drive, that may be or may not be conducted, sold, or offered on location. Sign, Construction - a temporary sign erected by a person or company on the premises undergoing construction, for which the sign user is advertising or furnishing such items as labour services, materials or financing, and may include the name of building, as well as the owner and participants in the development project, but not including the advertisement of any products. Sign, Directional - an on premise incidental sign designed to guide or direct pedestrian or vehicular traffic including: a) Displaying safety or warning messages; b) Directing traffic or providing parking directions; or c) Giving instructions, directions or orders to persons making use of the premises. Sign, Election - means any sign used to promote a candidate or party during a municipal, provincial, or federal election or any election held pursuant to the Local Government Elections Act . Sign, Electronic Mesage Sign (Digital Sign) - a visual communication device capable of storing and displaying multiple messages in dozens of formats and at varying intervals. Sign, Face - the entire area of a sign on which a copy could be placed. In the case of multi-faced signs, each facial side of the sign shall be included in determining the total sign surface area. Sign, Facial A rea - the entire surface area of a sign or in the case of a painted wall sign the smallest geometric figure which describes the area enclosed by the sign face. Sign, Fre - Standing - is a sign structurally supported by one or more up-rights or braces or pylons and placed in the ground and not attached to any building. Sign, Identification - a sign which is limited to the name, address and number of a building, institution or person and to the activity carried on in the building or in the institution, or the occupation of the occupant, but does not include any advertising copy. Sign, Iluminated - any sign having lighting directly on the sign face or from a light source located within the sign which is transmitted through a transparent or translucent sign face. Sign, Maintenance - the cleaning, painting, repair or replacement of any defective parts of a sign without altering the basic structure or design of the sign. This includes changing the message on a sign within the same sign structure due to a change of use of business name. Plus, no longer correctly identifies a business or products and services offered on the premises where the sign is located, is no longer readable, or is no longer relevant. Sign, Marque - see "Sign, Canopy". Sign, Of Pr emise or Third Party Advertising - a free-standing sign supported by one or more uprights or placed in the ground and not attached to any building or other structure having a principle function other than supporting a sign, and which draws attention to or communicates information about a business, service, commodity, accommodation, attraction or other activity that is conducted, sold, offered at a location other than Page 8 City of Melfort Zoning Bylaw No. 96-09 the premises on which the sign is located. Sign, Portable - a sign which is capable of being moved from site to site for use as a temporary sign, but does not include vehicles and trailers not originally designed as a sign, but which have been converted or used for that purpose. Sign, Projecting - a sign which is attached to a building for support and which projects more than 304 mm (12 inches) from such building. Sign, Rof - 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, Real Estate - a temporary sign that advertises for sale, rent, or lease the land, property or premises on which the sign is displayed. Sign, Temporary - any sign banner, pennant, valance or advertising display, with or without frames, intended to be on display for a defined period of time and not exceeding 6 months. Sign, Converted Vehicle and Trailer - a vehicle or trailer not originally designed as a sign, but which has been converted or used for that purpose. Sign, Wal - a sign attached to or painted on the wall of a building or structure or its fascia in such a manner that the wall is the supporting structure for or forms the background surface of the sign and which does not project more than 304 mm (12 inches) from such building or structure. Sign, Window - a sign either painted on or attached to, or installed inside a window for purposes of viewing from outside the premises, but does not include merchandise inside a window. Site - a slingle lot or group of contiguous lots which contain a single building or use or planned group of buildings or uses. Special Care Home - a facility licensed pursuant to The Housing an d Special - Care Homes Act which provides full-time convalescent or chronic care to persons who, by reason of advanced age, chronic illness or infirmity are unable to care for themselves, including nursing homes. Stret - a public thoroughfare which affords the principal means of access to the abutting property. Strip Mal - see "Mini Mall". Structure - anything that is built, constructed or erected, located on the ground, or attached to something located on or in the ground. Structure, Temporary - anything that is built, constructed or erected, located on the ground or attached to something located on the ground but that may be relocated or moved and is not of a permanent nature. Tourist Campground - a tract or parcel of land, which provides for the location of tents or trailer coaches used by travellers and tourists for overnight accommodation. Tourist Home - a private home or dwelling other than a rooming house, hotel or motel in which rooms are offered for rent to the travelling public for sleeping accommodations. Town House - a multiple unit dwelling to which each unit has its own entrance to the outside and is separated from other units by a common wall or ceiling which has no openings. City of Melfort Zoning Bylaw No. 96-09 Page 9 Trailer Coach - any vehicle used or constructed in such a way as to enable it to be used as a conveyance upon public streets or highways and includes a self-propelled or non-self-propelled vehicle designed, constructed or reconstructed in such a manner to permit the occupancy thereof as a dwelling or sleeping place for one or more persons notwithstanding that its running gear is removed or that it is jacked up. Tre and Plant Nursery - the use of land for raising shrubs, trees and bedding plants for the express purposes of commercial sale. Yard - any part of a lot unoccupied and unobstructed by any principal building or structure. Yard, Front - a yard extending across the full width of a lot between the front lot line and the nearest main wall of the principal building or structure on the lot. Yard, Rear - a yard extending across the full width of the lot between the rear lot line and the nearest main wall of the principal building or structure on the lot. Yard, Side - a yard extending from the front yard to the rear yard between the side lot line and nearest main wall of the principal building or structure on the lot. Page 10 City of Melfort Zoning Bylaw No. 96-09 SECTION 3 - ADMINISTRATION 3 . 1 Development Oficer The Director of Planning and Development of the City of Melfort shall be the Development Officer responsible for the administration of this Bylaw. 3 . 2 Development Permit (1) Except as provided in Section 3.2.2 no person shall undertake a development or commence a use unless a Development Permit has first been obtained. A Development Permit canot be isued in contravention of any of the provisions of this Bylaw. (2) A Development Permit is not requ ired for the following, but all other applicable provisions of this Bylaw are to be followed in addition to obtaining a building permit where required: (a) The maintenance of a public work; (b) The construction of a public work by the City of Melfort; (c) The installation of public works on any street or other public right-of-way; (d) Maintenance and repairs that do not include structural alterations; (e) The installation of fences or accessory buildings under 9.3 square metres (100.11 sq. ft.), except in the FW - Floodway District and FF - Floodway Fringe Overlay where a development permit is required. (3) A building permit shall not be issued unless a Development Permit, where required, has also been issued. (4) If the development or use authorized by a Development Permit is not commenced within six months from the date of its issue, and completed within twelve months of its issue, the permit is deemed void unless an extension to the period has first been granted. 3 . 3 Aplication for a Development Permit (1) The application for a Development Permit shall be made, to the Development Officer, in Form A as attached to and forming part of this Bylaw. The application shall be accompanied by two copies of a lot or building plan showing dimensions and locations of existing and proposed buildings and structures as well as lot lines. Where no new construction is proposed the applicant shall supply a written description of the proposed development in place of such plans. (2) Where the application is for a Discretionary Use the applicant shall also provide a written description of the proposed development, describing the intended use and operations, structures to be located on the lot, required municipal services, and any other information that Council determines is necessary to fully review the proposed development. 3 . 4 Review of Aplicatio ns (1) The Development Officer is responsible for reviewing all applications to ensure that the proposed development complies with all applicable regulations and provisions of this Bylaw and the policies contained in the Basic Planning Statement Bylaw. (2) Where the application is for a discretionary use, the Development Officer shall submit the application, along with all other relevant material to Council. City of Melfort Zoning Bylaw No. 96-09 Page 11 3 . 5 Decision (1) The decision on all applications shall be made in writing to the applicant, in Form B , as attached to and forming part of this Bylaw. (2) Where the application is for a PERMITTED USE the Development Officer shall, upon completion of the review: (a) Issue a Development Permit where the application conforms to all provisions of this Bylaw; or (b) Issue the Development Permit specifying any special regulations or standards to which the development or use must comply, where the class of development or use is subject to special regulations, performance standards or development standards that are specified in this Bylaw; or (c) Refuse the application where the provisions of this Bylaw are not met, indicating to the applicant the reason for the refusal. (3) Where the application is for a DISCRETIONARY USE the Council shall pass a resolution instructing the Development Officer to either: (a) Issue a Development Permit incorporating any special development standards prescribed by Council in accordance with the provisions of this Bylaw; or (b) Refuse the application, indicating the reasons for the refusal. 3 . 6 Revocation of Decision Where an approved development is not being developed in accordance with the provisions of this Bylaw, or with the standards and conditions specified in the Development Permit, Council may revoke or suspend the Development Permit. The Development Permit shall not be reissued or reinstated until all deficiencies have been corrected. 3 . 7 Development Apeals (1) A Development Appeals Board of the City of Melfort is appointed in accordance with Sections 71 and 91 to 104 of The Planing and Development Act, 1983 . (2) 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 City of Melfort. (3) Where an application for a DISCRETIONARY USE has been APPROVED by Council, WITH PRESCRIBED 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 City of Melfort. (4) An application for a Development Permit for a PERMITTED USE shall be deemed to be refused when a decision thereon is not made within 40 days after the receipt of the application in its complete and final form by the Development Officer, and an appeal may be made as provided in Section 3.7(2) as though the application had been refused at the end of the period specified in this subsection. (5) An application for a minor variance may be appealed to the Development Appeals Board of the City of Melfort in accordance with Sections 3.11(12) and (13). Page 12 City of Melfort Zoning Bylaw No. 96-09 3 . 8 Amendment of the Zoning Bylaw Where an application for an amendment to this Bylaw is made to Council, the applicant shall pay all costs associated with advertisement of the proposed amendment. 3 . 9 Ofences and Penalties Any person who violates this Bylaw is guilty of an offence and liable on summary conviction to the penalties set forth in The Planing and Development Act, 1983 . 3 . 10 Contract Zoning (1) Council may enter into an agreement respecting the rezoning of land in accordance with the guidelines established by the Basic Planning Statement on contract zoning through resolution of Council. (2) Council may in the agreement include: - A description of the proposal; - Reasonable terms and conditions with respect to: - The uses of the land and buildings or forms of development; - The site layout and external design including parking areas, landscaping, and entry and exit ways; - A time limit in which the development must occur in accordance with the agreement, otherwise the site will revert to the previous zoning classification; and - That on the rezoning of the land none of the land or buildings shall be developed or used except in accordance with the proposal, terms and conditions and time limit prescribed in the agreement. (3) Council may require the payment of a performance bond to assure implementation of the agreement prior to entering into an agreement with a person. (4) A rezoning agreement will not be signed until the public has had an opportunity to examine the proposed rezoning through a public notice. Public notice and review will be in accordance with the procedure and public notification process provided in Part IX of The Planing and Development Act, 1983 . Final reading of the Zoning Bylaw will be subject to the signing of the agreement. The amendment of the Zoning Bylaw shall take effect upon registration of the caveat as contained in subsection (5). (5) As required by The Planing and Development Act, 1983 , a caveat will be registered at the Land Titles Office against the lands affected by the agreement binding the owner of the land and future landowners to the agreement. (6) The Council may, on application by the person who entered into an agreement pursuant to this section or by any person who is the subsequent owner of land to which the agreement pertains: - Vary the agreement; - Enter into a new agreement; or - Extend any time limit prescribed in an agreement. (7) The Council may declare a rezoning agreement void where: - Any of the land or buildings is developed or used contrary to the provisions of the agreement; or - The development fails to meet a time limit prescribed by an agreement; and the land reverts to the district to which it was subject before rezoning. (8) Where the Council voids an agreement, it will: - Give notice of the cancellation and the effect of the cancellation in one issue of a newspaper City of Melfort Zoning Bylaw No. 96-09 Page 13 circulated in the municipality; and - Withdraw the caveat registered in connection with the agreement. (9) The symbol "C" will be attached to the appropriate zoning district in order to identify land that is zoned by an agreement. 3 . 1 Minor Variances to the Zoning Bylaw (1) An application may be made to the Development Officer for a minor variance to the Zoning Bylaw in a form as prescribed by the Development Officer. (2) The Development Officer shall maintain a register as an appendix to the Zoning Bylaw of all minor variance applications. (3) The Development Officer may vary the requirements of the Zoning Bylaw subject to the following conditions: (a) A minor variance may be granted for variation only of: (i) the minimum required distance of a building from the lot line; and (ii) the minimum required distance of a building to any other building on the lot; (b) The maximum amount of minor variance shall not exceed a 10% variation of the Bylaw requirements of the Zoning Bylaw; (c) The development shall conform to the Zoning Bylaw with respect to the use of land; (d) The relaxation of the Zoning Bylaw shall not injuriously affect neighbouring properties; (e) No minor variance shall be granted for a discretionary form of development, or in connection with an agreement on rezoning entered into pursuant to Section 82 of The Planing and Development Act, 1983 ; and (4) An application for a minor variance shall be in a form prescribed by the Development Officer and shall be accompanied by a fee of $25.00. (5) On receipt of an application for a minor variance, the Development Officer may: (a) Approve the minor variance; (b) Approve the minor variance and impose terms and conditions on the approval; or (c) Refuse the minor variance. (6) Where the Development Officer imposes terms and conditions on an approval pursuant to subsection (5), the terms and conditions shall be consistent with: (a) Minimizing adverse impacts on neighbouring properties; (b) Providing adequate separation between buildings for safety reasons; and (c) Avoiding encroachment into adjoining property. (7) Where an application for a minor variance is refused, the Development Officer shall notify the applicant in writing of the refusal and provide reasons for the refusal. (8) Where an application for a minor variance is approved, with or without terms and conditions being imposed, the Development Officer shall provide written notice to the applicant and to the assessed owners of property having a common boundary with the applicant's land that is the subject of the application. (9) The written notice required pursuant to subsection (8) shall: (a) Contain a summary of the application for minor variance; Page 14 City of Melfort Zoning Bylaw No. 96-09 (b) Provide a reason for and an effective date of the decision; (c) Indicate that an adjoining assessed owner may within 20 days, lodge a written objection with the Development Officer; and (d) Where there is an objection described in clause (c), advise that the applicant will be notified of the right of appeal to the Development Appeals Board. (10) The written notice required pursuant to subsection (8) shall be delivered: (a) By registered mail; or (b) By personal service. (11) A decision approving a minor variance, with or without terms and conditions, does not take effect: (a) In the case of a notice sent by registered mail, until 23 days from the date the notice was mailed; (b) In the case of a notice that is delivered by personal service, until 20 days from the date the notice was served. (12) If an assessed owner of property having a common boundary with the applicant's land that is the subject of the application objects, in writing, to the municipality respecting the approval of the minor variance within the time period prescribed in subsection (9), the approval is deemed to be revoked and the Development Officer shall notify the applicant in writing: (a) Of the revocation of the approval; and (b) Of the applicant's right to appeal the revocation to the Development Appeals Board within 30 days of receiving the notice. (13) If an application for a minor variance is refused or approved with terms and conditions, the applicant may appeal to the Development Appeals Board within 30 days of the date of that decision. SECTION 4 - GENERAL REGULATIONS 4 . 1 Al Zoning Districts The following regulations shall apply to all Zoning Districts in this Bylaw: 4 . 1 . 1 Licenses, Per mits, and Compliance with Other Bylaws Nothing in this Bylaw shall exempt any person from complying with the requirements of a building Bylaw or any other Bylaw in force within the City of Melfort or from obtaining any license, permission, permit, authority or approval required by this or any other Bylaw of the City of Melfort. Where provisions in this Bylaw conflict with those of any other municipal or provincial requirements, the higher or more stringent regulations shall prevail. 4 . 1 . 2 Existing Buildings Where a building has been erected on or before the effective date of this Bylaw on a lot having less than the minimum frontage or area, or having less than the minimum set-back or side yard or rear yard required by this 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 or side yard or rear yard that does not conform to this Bylaw; (2) All other applicable provisions of this Bylaw are satisfied; and City of Melfort Zoning Bylaw No. 96-09 Page 15 (3) Such changes must be approved by the Development Officer responsible for the administration of this Bylaw. 4 . 1 . 3 Frontage on a Road No development permit shall be issued unless the lot intended to be used, or upon which a building or structure is to be erected, abuts or has frontage on an existing public road. 4 . 1 . 4 Building Lines Where a front building line in any district has been established by existing buildings in a block, and is less than the specified front yard requirement, new construction may conform to the established building line provided that Council, by resolution or Bylaw, permits conformation to the established building line. 4 . 1 . 5 Number of Principal Buildings Permited on a Lot Not more than one principal building shall be placed on any one lot, with the exception of schools, hospitals, curling and skating rinks, community centres, nursing homes, senior citizen homes, dwelling units, multiple unit dwellings, multiple businesses and shopping centres. Such erections shall be located on the lot in such a manner that future subdivision of the lot is not precluded. 4 . 1 . 6 Building to be Moved No building, residential or otherwise, shall be moved within or into the area covered by this Bylaw without obtaining a Development Permit from the Development Officer unless such building is exempted by this Bylaw. 4 . 1 . 7 Demolition of Buildings No building, residential or otherwise, shall be demolished within the area covered by this Bylaw without obtaining a Development Permit from the Development Officer. 4 . 1 . 8 Grading and Leveling of a Lot Any lot proposed for development shall be graded and levelled at the owner's expense to provide for adequate surface drainage, which does not adversely affect adjacent property, in accordance with standards specified by the City Engineer of the City of Melfort. 4 . 1 . 9 Waste Disposal Subject to the Acts and Regulations administered by the Departments of Health and Environment and Resource Management, no liquid, solid or gaseous wastes shall be allowed to be discharged into any stream, creek, river, lake, pond, slough, intermittent drainage channel or other body of water, onto any land or into the air. 4 . 1 . 10 Non - conforming Uses And Non - conforming Buildings Non-conforming uses and non-conforming buildings shall be subject to The Planing and Development Act, 1983 . 4 . 1 . 1 Non - Conforming Structures and Lots No existing structure or lot shall be deemed to be non-conforming by reason only of the conversion from Page 16 City of Melfort Zoning Bylaw No. 96-09 the Imperial System of Measurement to the Metric System of Measurement where such non-conformity is resultant solely from such change and is reasonably equivalent to the metric standard herein established. 4 . 1 . 12 Geotechnical Analysis Required If a proposed development is to be located on a lot or lots that may be subject to flooding, earth movement or instability, or is otherwise unsuitable for development or hazardous for the proposed use, Council may require that, as a condition of the issuance of the development permit, a geotechnical report be completed and approved by a Registered Engineer in the Province of Saskatchewan, indicating the potential of the area to support the proposed development and any remedial measures that may be required to ensure that the natural resource base is not irreparably altered. Remedial measures may be specified as conditions to the issuance of a development permit. 4 . 1 . 13 Satelite Dishes, Radio Towers and Television Antenas for Personal Use The installation and operation of a satellite dish, radio tower or television antenna and its supporting structure is permitted in all zoning districts provided that: (1) Such structures shall not be located in any front or side yard, except as otherwise provided in Section 4.2.1, and in the case of corner lots, in any portion of the rear yard which is within 3 metres (9.8 ft.) of the side lot line adjacent to a flanking street; (2) In the R1, R1a, R2, and R4 residential zoning districts a satellite dish may be attached to the roof of the principle or accessory building where the dish is less than 91.44 cm (36 inches); (3) If attached to a principal building in the R3 - Multiple Unit Residential District, commercial or industrial district, such structures shall not exceed a height of 5 metres (16.4 ft.) above the lowest elevation of the roof surface of a flat roof or the decking of a mansard roof or the eaves of a gable, hip or gambrel roof; (4) If attached to or erected upon an accessory building in the R3 - Multiple Unit Residential District, commercial, or industrial district, a satellite dish shall not exceed the maximum permitted height of the accessory building upon which such structure is attached or erected and meet all yard requirements for accessory buildings. 4 . 2 Residential Districts 4 . 2 . 1 Projections in Yards The following projections in yards may be permitted subject to the setback requirements of the National Building Code: (1) Front Yards The following features may project into a required front yard: (a) Cantilevered construction for bay windows, bow windows, chimney chases, bookcases, built in cabinets, gutters, windowsills, canopies, eaves, and fire escapes to a maximum projection of 0.61 metres (2 ft.); (b) Unenclosed decks no higher than 0.61 metres (2 ft.) above the finished grade, cantilevered balconies, porches and steps to a maximum projection of 1.8 metres (5.91 ft.). City of Melfort Zoning Bylaw No. 96-09 Page 17 (2) Rear Yards The following features may project into a required rear yard: (a) Cantilevered construction for bay windows, bow windows, chimney chases, bookcases, built in cabinets, gutters, windowsills, canopies, eaves, and fire escapes to a maximum projection of 1.5 metres (4.91 ft.); (b) Unenclosed decks no higher than 0.61 metres (2 ft.), balconies, porches, and steps to a maximum projection of 3 metres (9.84 ft.). (3) Side Yards (a) The following features may project into a required side yard: (i) Bay windows, window boxes and sills, belt courses, cornices, eaves, and gutters to a maximum projection of 0.61 metres (2 ft.); and (ii) Cantilevered construction of fire escapes, chimney chases, bow windows, bookcases, built in cabinets, balconies, and canopies to a maximum projection of 0.61 metres provided that the total area of all cantilevered features shall not exceed 2.5 square metres (26.9 sq. ft.) per floor level. (b) Unenclosed decks no higher than 0.61 metres (2 ft.) above the finished grade may project to the side property line, but not encroach onto neighbouring property. (c) No projections shall be permitted within a side yard required for vehicular access or parking where any portion of the said projection would be at an elevation lower than 2.5 metres (8.2 ft.) above the finished grade elevation measured at the corresponding side wall of the building. (d) Radio towers having a maximum projection of .61 metres (2 feet). (4) Whel Chair Ramps A wheelchair ramp may encroach into any required yard. 4 . 2 . 2 Acesory Uses, Buildings, and Structures (1) In all Residential Districts the following regulations shall apply to uses, buildings and structures including private garages, which are accessory and detached from the principal dwelling: Side yard, minimum - .765 metres (2.5 ft.) and no structure shall have a projection greater than 0.61 metres (2 ft.) beyond the main wall, except where in the case of a corner lot, all accessory uses, buildings, structures shall maintain a yard of 4.5 metres (14.76 ft.) from the side lot line on the flankage street where access to the structure is obtained from the flankage street. Rear yard, minimum - 1.2 metres (3.94 ft.) Front yard, minimum - the front yard of the principal building of the specific zoning district shall apply Height, maximum - 5 metres (26.4 ft) (2) The total combined floor area of all assessable detached accessory buildings (garage, shed or outbuildings) situated on property used or zoned for residential purposes shall not be greater than eleven percent (11%) of the area of the property on which it is placed. (3) In the R4 - Mobile Home Residential District an accessory building or structures which includes, but Page 18 City of Melfort Zoning Bylaw No. 96-09 is not limited to, a porch, canopy, addition, fuel tank covering and mobile home skirting must be designed in keeping with the exterior appearance of the mobile home. (4) Private garages, carports, and accessory buildings attached to a principal building by a substantial roof structure shall be considered as part of the principal building and subject to the regulations of the principal building. (5) The following structures are allowed in a required yard and are not subject to setback regulations, except where a sight triangle is required: (a) In all yards: sidewalks, uncovered driveways, lighting fixtures, lamp posts. (b) In rear yards; in addition to clause (1) above, recreation equipment, laundry drying equipment, and garbage stands. 4 . 2 . 3 Fences and Hedges Fences may be constructed or hedges and shrubs grown along a lot line only in conformance with the following regulations: (1) No wall, fence, hedge or shrub located along any side or rear lot line, shall exceed 2 metres (6.56 ft.) in height. (2) No wall, fence, hedge or shrub located along any lot line in any required front yard, shall exceed 1 metre (3.3 ft.) in height. (3) In the case of a corner lot, no wall, fence, hedge or shrub shall exceed 1 metre (3.3 ft.) in height, measured above the grade of the streets that abut the lot or site, in an intersection sight triangle. 4 . 2 . 4 Storage (1) No side or front yards shall be used for the storage or collection of goods, commodities or other form of material. (2) No front yard or portion thereof shall be used for the storage of machinery or other goods and commodities. 4 . 2 . 5 Isolated Lots A single detached dwelling may be constructed on a lot having less than the minimum frontage and area required in any residential district where: (1) Each side of the lot abuts a conforming lot, developed lot, a developed isolated lot, street or lane; (2) The frontage is not less than 9.14 metres (29.98 ft.); (3) The minimum lot area is not less that 306.57 square metres (3,300 sq. ft.); and (4) All of the other regulations for the use are met. 4 . 3 Comercial, Industrial and Institutional Comunity Service District s 4 . 3 . 1 Projections in Yar ds City of Melfort Zoning Bylaw No. 96-09 Page 19 (1) In any Commercial, Industrial or Institutional Community Service District, where minimum front or rear yards are required, such minimum requirement shall not apply to prevent the construction or location of chimney chases, fire escapes, steps, eaves and gutters of 0.61 metres (2 ft.) or less. (2) In any Commercial, Industrial or Institutional Community Service District, buildings may be constructed or joined (semi-detached) over more than one site regardless of any side or rear yard requirement provided that the following standards are met: (a) Each unit, stall or bay shall have separate, individual and direct entry and egress access to grade; (b) Each unit, stall or bay shall be separated by a fire wall rated at two (2) hours with any openings covered by a labelled fire rated closure (1.5 hours) or any other fire protection as may be required by the National Building Code; and (c) Any firewall shall be located on common site boundaries or property lines. 4 . 3 . 2 Fences and Hedges Fences constructed or and hedges and shrubs planted in Commercial, Industrial or Institutional Community Service Districts shall comply with the following regulations: (1) Except where required for screening, a fence, hedge or shrub shall not exceed 3 metres (9.84 ft.) in height. (2) In the case of corner lots, no fence, hedge or shrub shall be placed so as to create a visual obstruction in a sight triangle. SECTION 5 - SPECIAL PROVISIONS This section addresses special provisions and specific development standards that apply to a development where allowed as a permitted or a discretionary use in a zoning district. Where there are special provisions on a specific use and that use is a discretionary use, the specific regulations and development standards applicable to discretionary uses would apply. 5 . 1 Discretionary Us es In approving a discretionary use, Council may prescribe specific development standards intended to minimize land use conflict related to: (1) The nature, size, shape, elevation and surface drainage of the site; (2) Size, shape and arrangement of buildings; (3) Access and traffic patterns for persons and vehicles; (4) Type and volume of vehicle traffic; (5) Off-street parking and loading; (6) Safeguards to prevent noise, glare, dust and odour; (7) Landscaping; (8) Screening and fencing; and (9) Lighting and signs. 5 . 2 Bed and Breakfast Lodging Bed and breakfast lodging, where allowed in a specific district, shall be subject to the following development Page 20 City of Melfort Zoning Bylaw No. 96-09 standards: (1) Bed and breakfast lodging shall be located in a single detached dwelling used as the operator's principal residence. (2) Bed and breakfast lodging shall be licensed by the Department of Health and meet the requirements of the Fire Commissioner. (3) A maximum of two guest bedrooms shall be permitted in a dwelling operating as bed and breakfast lodging. (4) Off-Street parking shall be provided in accordance with Section 8.2. (5) One non-illuminated window or wall sign having a maximum facial area of .2 square metres (2.15 sq. ft.) advertising the bed and breakfast lodging is permitted. 5 . 3 Home Ocupations (Home Based Busines) Home occupations, where allowed in a residential district, shall be subject to the following development standards: (1) Home occupations may be located in dwelling used as the owners own residence or in a building accessory to the dwelling where the principal dwelling is other than a multiple unit dwelling. (2) Home occupations shall be conducted entirely within the dwelling or accessory building. (3) Home occupations shall not create any conflict with the residential area in terms of emission of noise, glare, dust or odour which would be disruptive to the surrounding residential uses. (4) Home occupations should not result in undue traffic or parking requirements in the residential area. (5) The home occupation shall not have any exterior display or storage of materials and no exterior variation from the residential character of the building. (6) Persons employed in the home occupation shall be full time residents of the dwelling. (7) One non-illuminated window sign having a maximum facial area of .2 square metres (2.15 sq. ft.) advertising the home occupation is permitted. 5 . 4 Service Stations and Gas Bars Service stations and gas bars, where allowed in a specific zoning district, shall be subject to the following development standards: (1) Fuel pumps and other accessory equipment shall be located at least 6 metres (19.69 ft.) from any street or lot line. (2) All automobile parts, dismantled vehicles and similar articles shall be stored within a building or screened to the satisfaction of Council. (3) All business shall be conducted and all goods stored wholly within an enclosed building except as required in the servicing of motor vehicles. (4) The arrangement of the proposed structure on the site shall be designated to reduce conflict with adjoining uses. (5) The access to the site shall be designed to reduce conflict with other vehicular and pedestrian traffic. (6) Any specific development standards imposed related to landscaping, screening, open spaces, parking and standing areas for vehicles shall be designed to reduce conflict with adjoining land uses and to ensure adequate areas for vehicles on the property. (7) The storage of fuel shall meet all provincial regulations. 5 . 5 Personal Care Homes Personal care homes, where allowed in a specific zoning district, shall be subject to the following development City of Melfort Zoning Bylaw No. 96-09 Page 21 standards: (1) The proposed personal care home shall only be developed in a single detached dwelling. (2) The personal care home shall maintain the single detached residential character of the property consistent with the neighbourhood. (3) The operator of the personal care home shall be a permanent resident of the dwelling licensed as a personal care home. (4) The maximum number of residents allowed in a personal care home shall be 8 residents. (5) A personal care home shall meet all of the regulations for a single detached dwelling as prescribed for the district in which it is located. (6) A maximum of two personal care homes will be allowed in a block and may be located on the same side of the street or on opposite sides of the street. (7) Any changes resulting in the increase in the number of residents to the maximum number set in clause (4) or an increase in the area devoted to a personal care home or alterations or additions to the structure used as a personal care home shall require a new development permit for a discretionary use. (8) One non-illuminated window or wall sign having a maximum facial area of .2 square metres (2.15 sq. ft.) advertising the personal care home is permitted. (9) Off-Street parking shall be provided in accordance with Section 8.2. 5.6 Secondary Suites (1) Secondary suites shall conform to the following regulations: (a) Secondary suites may be located only in detached and semi-detached dwellings with only one primary dwelling on a lot and shall occupy no more than 80% of the gross floor area of the primary dwelling; (b) In order to accommodate a secondary suite, the principal building must have a gross floor area, including the area of the basement, of at least 100 m2; (c) The maximum size of a secondary suite shall be 80 m2; (d) No more than one secondary suite may be located in any detached and semi-detached one unit dwelling; (e) The floor area occupied by a secondary suite shall be considered as part of the principal building; (f) A secondary suite shall contain no more than two bedrooms; (g) One off-street parking space is required for a secondary suite in addition to at least one off-street parking space for the principal dwelling. The parking space for the principal dwelling may be located in a required front yard. The parking space required for the secondary 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, sited and screened to the satisfaction of the Development Officer. (h) Where a secondary suite has an entrance which is separate from that of the principal dwelling, the entrance may only be located on a side or rear wall of the principal dwelling; (i) Secondary suites shall comply with all relevant requirements of the National Building Code, or equivalencies as may be established by the Development Officer. 5.7 Recreation Vehicle (1) Recreation Vehicles may be occupied as temporary overnight sleeping accommodations only in the following situations: (a) In an approved tourist campground; (b) In any R district, one recreation vehicle may be located on any one site for the temporary overnight sleeping accommodation of the guests of the occupant of the principal dwelling, provided the recreation vehicle is not rented or made available for compensation and contains full self-contained sewage facilities Page 22 City of Melfort Zoning Bylaw No. 96-09 (c) In a C1 district on City of Melfort owned property for community sponsored functions, approved by the Development Officer, and provided the units have full self-contained sewage facilities. 5.8 Shiping Containers (1) Shipping containers are considered an accessory building and shall only be used for storage purposes that are directly related to the permitted or discretionary use of the primary building. (2) Shipping containers may only be used as an accessory use in Industrial, Highway Commercial or Shopping Center Commercial districts. (3) No shipping containers may exceed 3 meters in height, 2.5 meters in width and 12.5 meters in length. (4) The total number of shipping containers on a site shall not exceed three and the total area of shipping containers shall not exceed 5% of the gross floor area of the principle building. (5) Shipping containers shall be located in the side or rear yard only, they may not project beyond the front line of the primary building. In addition the containers must comply with the rear and side yard setbacks as required. (6) The exterior of the shipping container must have a finish that matches or compliments the exterior finish of the other buildings on the site. (7) The shipping containers must be kept in a clean, orderly manner and placed on a level, secure surface. (8) Shipping containers are prohibited from being used as a dwelling. (9) Shipping containers are prohibited from being plumbed or electrified in any manner. (10) Shipping containers may not be stacked and are prohibited from storage of junk, trash or other forms of refuse. (11) Shipping containers must comply with all provincial and national acts and regulations including the National Building Code and the Uniform Building and Accessibility Standards Act. (12) Shipping containers shall not be used for the purpose of display or advertising. (13) Shipping containers shall not block or obstruct any exits, windows, parking spaces, driveways or access to public utilities and/or right of ways. (14) Shipping containers may be temporarily placed in any district under the following circumstances: (a) During construction when the container is used solely for the storage of supplies and equipment that are used for the site, provided a building permit has been issued for construction on the site. (b) For the purpose of loading and unloading items associated with the principal use for a period of not more than 10 days. The Building Official may grant one extension of up to 10 days for extreme circumstances. All temporary shipping containers must be located a minimum of 1.2 meters from any property line. SECTION 6 - SPECIAL OVERLAY ZONES 6 . 1 Architectural Control District Overlay City of Melfort Zoning Bylaw No. 96-09 Page 23 (1) The designation of the architectural control district will be in accordance with the guidelines established by the Basic Planning Statement on architectural control districts. (2) In reviewing development proposals in the area designated as an architectural control district, Council may approve a project with terms and conditions consistent with the following development standards as may be related to one or more of the following: - Control over new buildings or exterior renovations respecting: - The colour; - Texture; - Window detail; - Type of exterior building materials; - Building design; - Conformance to the culture theme being portrayed; and - Complementing the historical preservation of existing buildings. (3) The symbol "AC" will be attached to the appropriate zoning district and shown on the Zoning District Map in order to identify that architectural controls apply to the particular area. 6 . 2 Holding Provision Overlay (1) The Holding Provision Overlay will be established in accordance with the policies of the Basic Planning Statement on the Holding Provision. (2) The use of the "H" holding symbol, will be used in conjunction with the zoning district designation, to identify the future use of the land. (3) The zoning regulations for the underlying zoning district designation will apply upon removal of the "H" holding symbol. 6 . 3 Flodway Fringe Overlay (1) The Floodway Fringe Overlay applies to those lands that are designated as Floodway Fringe identified under the Canada - Saskatchewan Flood Damage Reduction Program. (2) The following development requirements will apply in conjunction with the uses and regulations of the underlying zoning district. (a) Any development within the Floodway Fringe Overlay will require to be flood proofed to the freeboard elevation. (b) The proponent will be required to enter into an agreement with the City respecting flood proofing of the property prior to the issuance of a development permit. (c) No person shall within the Floodway Fringe Overlay backfill, grade, deposit earth or other material, excavate, store goods or materials, or erect any buildings or structures nor cause any such development to occur except as specifically provided herein. (d) Fencing or other similar structures and hedging and other similar landscape elements shall not be permitted in the Floodway Fringe Overlay unless constructed parallel to the direction of water flow and Council, in consultation with the Saskatchewan Water Corporation, is satisfied that such developments will not adversely affect the hydraulic efficiency or capacity of the floodway or adversely affect the existing drainage courses. (e) The storage of materials defined as "Hazardous Goods" by the Hazardous Substances Control Regulations shall be prohibited. Page 24 City of Melfort Zoning Bylaw No. 96-09 SECTION 7 œ SIGN REGULATIONS 7 (1) The Ned for a Sig n Permit (a) Except as otherwise provided, a sign permit is required for erecting, enlarging, changing or structurally altering a sign. A sign shall not be erected, altered, enlarged or maintained upon any property, lot or street in any district, by any person, except in conformity with the regulations outlined in the following sections. The Development Officer, if deemed necessary, may submit any application to the Council of the City of Melfort, for approval and for special conditions to be complied with. (2) Sign Permit Aplication Requirements (a) Every application for a sign permit shall be made on a form prescribed by the Approving Authority, attached as Schedule "A" forming part of this Bylaw, and shall contain the following information: (i) The civic address and legal lot description where the sign is to be located; (ii) The name and address of the applicant, the lawful owner of the sign, and the registered owner of the property on which the sign is to be located; (iii) The type (i.e. ground, projecting, portable, etc.) and a number of sign(s) desired; (iv) A plot plan showing the location of the sign(s) on the side, including proposed setback distances from the legal property lines; (v) The dimensions (sign face area, height, ground clearance, etc.) and the construction details/material specifications of each sign (including foundation), and whether there are any proposed projections or encroachments across the property line; (vi) The amount of sign projection from the face of building (where applicable); (vii) Details regarding any manner of illumination, animation, rotation, or intermittent lighting within the sign construction; (viii) Application fee prescribed pursuant to Subsection 7(5). (ix) Any other information that the Approving Authority may deem necessary for the purposes of ensuring compliance with the bylaw; (3) Sign Permit Isuance (a) The Approving Authority shall review all applications for sign permits and shall: (i) Issue a sign permit for those applications which conform to this bylaw and refuse permits for those applications which do not comply with the bylaw; (ii) When deemed necessary, refer the application to any senior management, department, or outside department or agency for comment, prior to rendering a decision on an application; (iii) Maintain an updated record of all sign permit applications, permit issuances, permit conditions and related correspondence. (b) Any sign permit issued in connection with the construction of a sign shall be valid for a period of six (6) months from the date of issuance, and failing sign construction completion within this time, the said permit shall cease to be valid and shall require re-application to the Approving Authority. (4) Sign Permit Exceptions City of Melfort Zoning Bylaw No. 96-09 Page 25 No sign permit is required for the following sign types provided they comply with all requirements and provisions of this Bylaw: (a) Signs erected by or on behalf or pursuant to the authorization of a Federal, Provincial, or Municipal government body, including legal notices, identification and informational signs, traffic, directional, warning, or regulatory signs. (b) Official signs of a non-commercial nature erected by the Department of Works and Utilities, SaskWater, SaskPower, and SaskEnergy depicting the location of lines. (c) Temporary signs. (d) Construction signs that signify impending or on-going construction properties. (e) Real estate signs identifying property for sale or for rent. (f) Election signs. (g) Flags, pennants, or insignia of any governmental or non-profit organization when not displayed in connection with a commercial promotion or as an advertising device. (h) Garage Sale signs in designated locations. (i) Wall/Window Signs. (j) Awning or Canopy Signs. (k) On-premise signs which identify any Religious, Cultural, Educational, or other Public institution. (l) Directional signs. (m) Identification signs. (n) Any decal or other form of signage which is painted on, or directly imprinted onto any window, wall, or other architectural/structural building feature. (5) Sign Permit Fes (a) A sign permit fee, established by resolution of Council and amended from time to time, shall accompany each application for a sign permit. (6) Prohibitions (a) No person shall cause or permit a sign to be placed, changed or altered except in conformity with a legally issued sign permit and/or all the requirements as defined in this bylaw. (b) No sign shall portray any representation of an individual or group deemed to be demeaning or derogatory. (c) No sign shall display any representation deemed to be contrary to public order or moral standard. (d) Any advertising sign of any kind which contains or displays material other than for the advertisement or promotion of the business or venture located on the property is prohibited, except as allowed by this bylaw. (e) Billboard signs are prohibited. (f) Except as allowed by this bylaw, off-premise or third party advertising signs are prohibited. (g) Except as allowed by this bylaw, no sign or portion thereof shall be placed on any City owned or controlled properties, or extend into, be attached, overhang, project or otherwise encroach into any City owned or controlled properties or facilities including public street right-of-ways, roadways, boulevards, sidewalks, walkways, street lights, power poles or any other type of street furniture. Page 26 City of Melfort Zoning Bylaw No. 96-09 (h) No sign shall be attached to or supported by any tree or other vegetation. (i) No sign which commercially advertises, or draws attention to any commercial business or service shall be located in any residentially zoned district, unless such signage is located on a site which has been specifically approved for a non-residential use or occupancy. For the purpose of this section approved home-based businesses shall not constitute a non-residential occupancy. (7) General Regulations (a) No sign shall be located in any manner that would visually obstruct or jeopardize the safety of others. (b) All signs shall be located and maintained within the legal boundaries of private property in accordance with the provisions of this bylaw. (c) Signs shall not interfere with traffic signs or lights, public utilities, landscaping or street furniture. (d) Where intermittent lights are deemed to be a safety hazard by Council or a duly appointed officer for the City, such lights shall be converted to a steady source of illumination. (e) Any sign that is electrified shall be constructed, erected, installed, and maintained in accordance with any applicable Canadian sign construction standards and the applicable electrical and fire code regulations adopted by the Province of Saskatchewan. (f) Where signs are to be place adjacent to a provincial highway, they shall be subject to the Ministry of Highways and Infrastructure regulations where applicable. (g) Signs must not block or obstruct any exits, windows, required off-street parking spaces, driveways, or access to public utilities and/or right-of-ways. (h) All signs, including the property around the signs shall be maintained in a state of good conditions and repair at all times, as determined by the Approving Authority. (i) All support foundations for ground signs and/or proposed structural attachments to buildings (for projecting signs, canopies, canopy signs and awning signs) shall be subject to the applicable regulatory provisions of the City of Melfort Building Bylaw and National Building Code of Canada. (j) Any sign located within 3 m (10 feet) of a site access approach shall be void of any landscaping or visible obstruction measured from 0.75 m (2.5 feet) above grade to 1.8 m (8 feet) above grade. (k) No banner shall be located across any street. (l) Election signs shall not be placed on City owned or controlled properties and all election signs must be removed within seven (7) calendar days following the day of election. (8) Nuisance and/or Unsafe Signs (a) No sign shall be permitted to remain in a condition where the Approving Authority deems it a nuisance or unsafe as a result of improper sign maintenance, disrepair, damage, or any other cause. City of Melfort Zoning Bylaw No. 96-09 Page 27 (b) Any sign which the approving authority declares a nuisance or unsafe shall be required to be repaired to an acceptable condition or removed by the sign owner within thirty (30) days of the sign owner receiving notice from the Approving Authority as to the necessary remedies to be taken. (c) Where the sign owner fails, neglects or refuses to comply with the direction of the notice issued by the Approving Authority, the Authority may under take the necessary steps to have the sign removed and destroyed without compensation to the owner. (9) Sign Regulations for Residential Districts The following regulations shall apply to signs allowed in any Residential District: (a) One wall sign is permitted pertaining to a dwelling having a maximum facial area as follows: (i) Multiple unit dwellings - 1 square metre (10.76 sq. ft.); and (ii) All other dwellings - 0.5 square metre (5.38 sq. ft.). (b) One additional sign for multiple unit dwellings may be erected as follows: (i) A free standing sign having a maximum facial area of 2.3 square metres (24.76 sq. ft.) in area; or (ii) A free standing canopy or awning sign subject to subsection (3) and providing a minimum clearance of 2.45 metres (8 ft.) between the bottom of the canopy and sidewalk or ground. (c) Free standing signs shall be located at least 3 metres (9.84 ft.) from any lot line and not be located in a sight triangle; (d) Non-residential uses in a residential district shall be subject to sign regulations for multiple unit dwellings. (e) One real estate sign not exceeding 1.5 square metres (16.15 sq. ft.) in area to a maximum height of 2.5 metres (8.2 ft.) in height. (f) All signs shall be located wholly within the lot and shall not create visual obstructions or jeopardize public safety. (10) Sign Regulations for Comercial and Industrial Districts The following regulations shall apply in any Commercial District or Industrial District subject to Subsection 7(15) "Total Sign Facial Area": (a) Advertising signs in Commercial and Industrial Districts may be illuminated by direct or indirect lighting and the lights may project different colours and may be intermittent. (b) Illuminated signs shall have an internal light source or an external light source shielded so that the light is directed at the face of the sign. Digital signs may not employ graphic effects which may be deemed to cause a dangerous distraction to drivers (i.e. explosions, strobe effects). (c) All signs shall be located wholly within the lot lines of the lot in which they are located, except for signs located within the C1 - Retail Commercial District zone. This provision would also not apply to converted vehicle and trailer signs. Page 28 City of Melfort Zoning Bylaw No. 96-09 (d) The nearest edge of the sign shall be located a minimum distance of 1 metre (3.28 ft.) from any lot line. (e) Signs associated with gas pumps for a service station shall not be included in calculating the total surface sign face area for a lot. (1) Sign Regulations by Type (a) Canopy and Awning Signs (i) Maximum projection: No awning, canopy or marquee sign shall overhang the public way to within 1.0 metre (3.28 ft.) of the curb line. (ii) Minimum clearance above sidewalk: an overhanging canopy or awning shall provide a minimum clearance of 2.45 metres (8 ft.) above the sidewalk or ground. (iii) Free standing Canopy or Awning Signs: Free standing awning, canopy or marquee sign shall be subject to the regulations for "Free Standing Signs." (b) Rof Signs (i) Maximum facial area: 20 square metres (215.29.3 sq. ft.) except 2 square metres (21.53 sq. ft.) in the C1 - Retail Commercial District. (ii) All roof signs shall provide a minimum clear space of 1.0 metre between the roof and the bottom of the sign. (iii) Maximum height: the sign shall not project more than 4.5 metres (14.76 ft.) above the roof. (iv) All roof signs shall be properly secured to, or bear upon masonry walls, columns, girders, or roof joists. (c) Project ing Signs (i) Maximum sign projection: The maximum sign projection permitted shall be 2.2 metres (7.22 ft.). No sign shall overhang the public way to within 1.0 metre (3.28 ft.) of the curb line. (ii) Maximum facial area: The maximum facial area permitted shall be 4 square metres (43.06 ft.) except in the C1-Commercial District where the sign shall not exceed 2 square metres (21.53 sq. ft.). (iii) Maximum height: The height of a projection sign shall not be higher than the top of the wall to which it is attached. (iv) Minimum height above sidewalk: No overhanging sign shall be less than 2.45 metres (8 ft.) above the sidewalk (d) Fre Standing Signs (i) One free standing sign is permitted per lot, except within the C3 - Shopping Centre Commercial District. City of Melfort Zoning Bylaw No. 96-09 Page 29 (ii) In the C3 zone, the following signs shall be permitted: a. One free standing sign may be erected on any site. One additional free standing sign may be erected for every 60 metres of site frontage in excess of 60 metres. b. No display surface shall be located less than 2.45 metres above grade. c. The maximum sign height shall be 14 metres. d. All signs must be a minimum distance of 1 metre from any abutting street or lane; e. Each sign may contain a maximum of 34 square metres of surface display area on each of two sides; f. Any two free standing signs must be separated by a minimum of 30 metres; g. Total surface display area of all free standing signs shall be limited to one (1) square metre per metre of site frontage; h. Fascia signs shall be limited to twenty-five percent (25%) of the total area of the wall to which they are attached, and shall not project beyond one (1) metre of the limits of the wall to which they are attached. (iii) One free standing sign is permitted on site in addition to any other signs that are allowed for uses in a mini-mall. (iv) Free standing signs that exceed 3 metres (10 feet) in height above the adjacent finished ground shall be structurally designed by a Registered Architect or a Professional Engineer of the Province of Saskatchewan. (v) The foundations of free standing signs that exceed five (5) metres (16.4 feet) in height shall be constructed with concrete. (vi) The concrete foundations of free standing signs shall not project more than 1.5 metres (4.92 feet) above grade. (vii) Concrete foundations shall not be used for any subsequent sign except the original sign for which the foundations were installed, unless the foundations have been approved for another sign by a Registered Architect or a Professional Engineer of the Province of Saskatchewan. (viii) Where a service station or gas bar is developed as part of a shopping centre, a separate free standing sign is permitted. (ix) In the C1 - Commercial District, the maximum total facial area shall not exceed 20 square metres (215.29 sq. ft.), provided that no single face of such sign exceeds 10 square metres (107.64 sq. ft.) in area. In other Commercial and Industrial Districts, the maximum total facial area shall not exceed 40 square metres (430.57 sq. ft.), provided that no single face of such sign exceeds 20 square metres (215.29 sq. ft.) in area. (x) In the C1-Commercial District, the maximum height is 10 metres (32.81 ft.); and in other Commercial and Industrial Districts, the maximum height shall be 14 metres (45.93 ft.) (xi) The sign shall be located one (1) metre (3.28 ft.) from any lot line. (e) Wal Signs Page 30 City of Melfort Zoning Bylaw No. 96-09 (i) Wall signs shall not extend past the edges of the wall on which it is attached, except where the sign extends around a corner at right angles forming a continuous sign. (f) Portable Signs (i) Except as may be permitted by the Development Officer, a portable sign shall not be located or encroach onto a public roadway, boulevard, or sidewalk. (ii) The maximum height of a portable sign shall be two point five nine (2.59) metres (8.5 ft.) from the ground to the top of the sign. (iii) The maximum sign facial area shall not exceed 4.46 square metres (48 sq. ft.). (iv) Portable signs shall be spaced no closer than 7.5 metres from any other portable sign on an adjacent site. (v) Portable signs which are not located on wheels and chassis shall be set in rebar pegs or concrete footings of sufficient size and weight to prevent overturning. (vi) Any portable signs found which are in violation of this section will have 48 hours following notice from the City, to remove the sign or it will be removed by the City. (vii) In a C1 Commercial District the portable sign can be located in a parking space immediately in front of the property and shall not be located or erected for a period of greater than 14 days per calendar year. (viii) In a commercial or industrial zoned area, the portable sign can be used for off- premises/third party advertising provided that the following regulations are adhered to: a) The sign owner must obtain an annual license from the City of Melfort for every off-premises/third party portable sign. b) The Licensee must pay an annual fee of $250.00 per sign, with no proration of fees. c) The license number must be displayed on all off-premises/third party portable sign. d) Off-premises/third party portable signs can only be located on private commercial or industrial zoned property. e) Only one portable sign can be located on any property at any time. f) Off-premises/third party portable signs can only remain on a property for 30 consecutive days with the same message. g) For the placement of any off-premises/third party portable sign, the Licensee is responsible to fill out an application with the City of Melfort indicating property owner authorization in a form prescribed by the City. The application must be signed by both parties (applicant and property owner) and specify the property owner's name, civic address of the property, off-premises/third party portable sign license number and the date the sign will be placed and removed from the property. The Licensee is responsible to produce a copy of the approved application if required by the bylaw officer. h) Off-premises/third party portable signs must comply with all other regulations for portable signs. i) Failure to comply with any of the regulations could result in cancellation of the off-premises/third party portable sign license. In such case, there would be no City of Melfort Zoning Bylaw No. 96-09 Page 31 refund and the sign would be dealt with as a nuisance sign, as provided in Subsection 7(8) of the bylaw, as though the sign was never licensed. (g) Portable Signs for Comunity Organizations (i) Organizations which are non-profit and community oriented may not place portable signs that display any form of advertising for commercial product or service. (ii) Notwithstanding Sub-clause 7(12)(b)(ii), Non-Profit Organizations may have third party advertising on their sign only to show who is sponsoring the event. (12) Signs Permited at Council's Discretion The following signs may be allowed at Council's discretion in a Commercial, Industrial, or UH- Urban Holding District: (a) Comunity Organization Signs (i) In considering an application for a community organization sign, Council may apply specific development conditions related to: a. Signs can only contain messages that are for an event, social, fundraiser, directional, identification, or promotional; b. Location and orientation of the sign; c. Proximity to other signs; (ii) Regulations for total facial area under Subsection 7(15) shall be adhered to. (b) Converted Vehicle and Trailer Signs (i) In considering an application for a converted vehicle and trailer sign, Council may apply specific development conditions related to: a. Location and orientation of the sign; b. Proximity to other signs; and c. Lighting, where the sign is to be illuminated. (c) Inflatable Display/Balon Signs (i) In considering an application for an inflatable display/balloon sign, Council may apply specific development conditions related to: a. Location and orientation of the sign; b. Proximity to other signs; and c. Lighting, where the sign is to be illuminated. (ii) Only one inflatable display/balloon sign will be permitted accessory to a principal use in addition to any other allowable sign. (13) Sig n Regulations for the UH - Urban Holding and FW - Flodway Districts (a) In the UH - Urban Holding District, the following signs are permitted: (i) One free standing sign, not more than two (2) square metres (21.52 sq. ft.) in size identifying the name of the owner and address. (ii) One real estate sign. Page 32 City of Melfort Zoning Bylaw No. 96-09 (iii) One portable sign in compliance with the regulations for Portable Signs in Clause 7(11)(f) of Zoning Bylaw 96-09. (b) In the FW - Floodway District, signs are prohibited except for signs erected by the City and one real estate sign. (14) Regulations for Aditional Signs (a) The following signs are allowed in addition to other signs permitted by this section: (i) Identification signs including signs showing the date of erection, monumental citations, and commemorative tablets up to 1 square metre (10.76 sq. ft.) in area, when made a permanent and integral part of the building. (ii) Building directory signs, up to two (2) square metres (21.53 sq. ft.) in area, where located outside the building. (iii) Educational signs of up to two (2) square metres (21.53 sq. ft.) providing bulletin or poster display space identifying or explaining local history or processes going on out of sight within the building, must meet location requirements for pedestrian signs. (iv) Directional signs up to 0.2 square metres (2.15 sq. ft.) in area, including signs identifying rest rooms, freight entrances and the like. (15) Total Sign Facial Area With the exception of free standing signs in the C3 - Shopping Centre Commercial District which are subject to Sub-clause 7(11)(d)(ii) above, the total facial area of all signs oriented to any street on a lot shall not exceed 15 times the square root of street frontage of the lot. In the case of multi- faced signs, each facial side of the sign shall be included in determining the total facial area. Stret Frontage Per Lot Total Sign Area Permited Imperial (fet) Metric (metres) Imperial (sq. ft.) Metric (square m.) 20 6.09 67 6.22 25 7.62 75 6.97 30 9.14 82 7.62 35 10.67 89 8.27 40 12.19 95 8.83 50 15.24 106 9.85 60 18.29 116 10.78 70 21.34 126 11.70 80 24.38 134 12.45 90 27.43 143 13.28 100 30.48 150 13.94 125 38.10 168 15.61 150 45.72 185 17.19 City of Melfort Zoning Bylaw No. 96-09 Page 33 175 53.34 198 18.39 200 60.96 121 19.69 250 76.20 237 22.01 300 91.44 260 24.15 400 121.92 300 27.87 500 152.40 336 31.21 SECTION 8 - Of - Stret PARKING AND LOADING REGULATIONS 8 . 1 General Regulations (1) No person within any district shall erect, enlarge, substantially alter, or extend any building permitted under this Bylaw, unless the required off-street parking and loading spaces are provided and maintained in connection with such development. (2) When the intensity of use of any building or use is increased by the addition of dwelling units, floor area, seating capacity or other unit of measurement, as specified for required parking and loading facilities, the number of parking and loading spaces shall also be increased in conformance with the provisions of this Bylaw. (3) Whenever the existing use of a building is changed the parking and loading spaces shall be provided as required for the new use; however, if the said building or structure was erected prior to the effective date of this Bylaw, additional parking and loading spaces are required only by the number that the requirements for the new use exceed those of the existing use. (4) For any conforming or legal non-conforming building or use which is in existence on the effective date of this Bylaw, that is damaged by fire, collapse, explosion, or other cause to the extent of 75 percent or more of its assessed value and such building is reconstructed, repaired or re-established, off-street parking and loading facilities shall be provided in accordance with this Bylaw. 8 . 2 Of - Stret Parking (1) Off-Street parking shall be provided in accordance with the following schedule and regulations. Land Use Minimum Number of Parking Spaces Required Residential Dwelling - single detached - semi-detached and duplex - mobile home - multiple unit - multiple units for seniors citizen housing - bed and breakfast lodging Institutional - elementary school - high school and collegiate - hospital 1 1 per dwelling unit 1 per dwelling unit 1.5 per dwelling unit 1 per 4 dwelling units 1 per guest bedroom 1 per classroom 4 per classroom 1 per 3 beds, plus 1 for every 4 employees Page 34 City of Melfort Zoning Bylaw No. 96-09 - special care and nursing home - community centre, auditorium places of worship - personal care home - library, cultural institution Recreational - theatre, churches - arena, curling rink - billiard hall - bingo hall - bowling alley - lodge, fraternal order, club or gymnasium Office - business, professional, administrative Retail Store Shopping Centre and Mini-Mall Restaurant, Cafe, Licensed Dining and Beverage Room Hotel, Motel Lumber Yard, Home Improvement Centre Industrial and Manufacturing Plants Warehousing Other 1 per 5 beds, plus 1 for every 4 employees 1 per 10 seats provided for patrons 1 where the number of personal care home residents exceeds 5 1 per 35 seats provided for patrons 1 per every 10 seats provided for patrons 4 per sheet of ice 1 for every 46 square metres (495.16 sq. ft.) of gross floor area 1 per 4 seats provided for patrons 4 per alley 1 for every 9 square metres (96.87 sq. ft.) of gross floor area 1 for every 37 square metres (398.28 sq. ft.) of gross floor area 1 for every 46 square metres (495.16 sq. ft.) of gross floor area 1 for every 30 square metres (322.93 sq. ft.) of gross floor area 1 per 4 seats provided for patrons 1 per guest room or unit 1 for every 46 square metres (495.16 sq. ft.) of gross floor area 1 for every 55 square metres (592 sq. ft.) of gross floor area or one for each employee which ever is greater 1 for every 90 square metres (968.78 sq. ft.) of gross floor area 1 for every 30 square metres (322.93 sq. ft.) of gross floor area (2) Required off-street parking spaces in any Commercial, Institutional or Industrial District may be located on a separate lot that is within a convenient walking distance to a maximum of 150 metres (492.13 ft.) of the principal building or use, provided such spaces are located within a Commercial or Industrial District. City of Melfort Zoning Bylaw No. 96-09 Page 35 (3) In Residential Districts, off-street parking spaces shall be provided on the lot on which the principal use to which the parking pertains is located. (4) Where the necessary off-street parking space is provided on a lot that is separate from the principal use, there shall be recorded in the office of the Development Officer a registerable agreement between the City and the owner of the lot on which the parking is to be located. The agreement shall be binding on the said owner and his heirs and successors restricting the use of the said lot for the purposes of off-street parking so long as the main use or building for which the parking is provided exists; and a caveat based on the agreement shall be registered against the said lot in the appropriate Land Titles Office by the City. 8 . 3 Payment of Cash - In - Lieu of Required Of - Stret Parking 8.3.1 Pursuant to The Planing and Development Act, 1983 the Development Officer may exempt any person who is required to provide off-street parking in a Commercial District from the requirement of providing the off-street parking facilities, where, in lieu thereof, he pays or agrees to pay the City the sum of money calculated by multiplying the number of off-street parking spaces that would otherwise be required by $750.00 per parking space. 8.3.2 The payment of cash-in-lieu of providing off-street parking shall satisfy the off-street parking requirement for the existence of the building on the lot except where the intensity of the use is increased or where the use is changed requiring additional off-street parking. Money paid as cash-in-lieu of off- street parking will not be refunded where the intensity is decreased or the use is changed requiring less off-street parking spaces or cash paid in lieu. 8.3.3 A person who pays, or agrees in writing to pay the required sum in lieu of providing off-street parking facilities and the buildings or structures in respect of which such payment is to be made, shall be treated as having met the off-street parking regulations. 8.3.4 All such sums of monies shall be paid to the City prior to the issuance of a development and/or building permit. 8 . 4 Of - Stret Loading 8.4.1 In any Industrial, Institutional or Commercial District where the use of a building or lot involves the receipt, distribution or dispatch by vehicles of materials, goods or merchandise, adequate space for such vehicles to stand for loading or unloading shall be provided on the lot in conformity with the following regulations: Gross Floor Area Number of Spaces 90 m2 to 1,300 m2 1 (969 ft.2 to 13,993 ft.2) Over 1,300 m2 to 2,500 m2 2 (Over 13,993 ft.2 to 26,910 ft.2 Over 2,500 m2 2 plus 1 additional space (Over 26,910 ft.2 for each 6,500 m2 (69,965 ft.2) over 2,500 m2 (26,910 ft.2) 8.4.2 All off-street loading spaces shall be located on the lot and be of a sufficient size so that materials and commodities can be easily loaded or unloaded without creating interference to vehicular traffic on a public roadway. 8.4.3 All loading and unloading of passengers from school buses shall take place in off-street loading spaces. Page 36 City of Melfort Zoning Bylaw No. 96-09 SECTION 9 - ZONING DISTRICTS AND ZONING MAP 9 . 1 Clasification of Zoning Districts For the purpose of this Bylaw, the City of Melfort 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 symbol. Districts Symbols Urban Holding UH Low Density Residential R1 Low Density Residential R1A Low Density Residential R1B Medium Density Residential R2 Multiple Unit Residential R3 Mobile Home Residential R4 Retail Commercial C1 Highway Commercial C2 Shopping Centre Commercial C3 Neighbourhood Commercial C4 Light Industrial M1 Light Industrial M1A Heavy Industrial M2 Floodway FW Institutional Community Service ICS 9 . 2 The Z oning District Map The map, bearing the statement "This is the Zoning District Map referred to in Bylaw No. 96-09" adopted by the City of Melfort signed by the Mayor and City Administrator under the seal of the City shall be known as the "Zoning District Map" and such map is hereby declared to be an integral part of this Bylaw. 9 . 3 Boundaries of Zoning Districts The boundaries of such districts referred to together with an explanatory legend, notation and reference, are shown on the map entitled, "Zoning District Map". Unless otherwise shown, the boundaries of such districts are lot lines, centre lines of streets, lanes, road allowances, or such lines extended and the boundaries of the municipality. In unsubdivided land, the boundaries of the districts shall be determined by the use of the scale shown on the map. 9 . 4 Zoning District Schedules The uses or forms of development allowed within a Zoning District, along with regulations or standards which apply are contained in the Zoning District Schedules in Section 10. City of Melfort Zoning Bylaw No. 96-09 Page 37 SECTION 10 - ZONING DISTRIC T SCHEDULES 10 . 1 UH - Urban Holding District 10 . 1 . 1 Permited Uses - The following are permitted uses in the UH - Urban Holding District: (1) Agricultural crop farming and cultivation of land (2) Public Works (3) Department of Transport weight scales and other similar uses 10 . 1 . 2 Discretionary Uses - The following are discretionary uses in the UH - Urban Holding District: (1) Single detached dwellings (2) Recreational uses comprised of sports fields, parks, golf courses, and tourist campgrounds (3) Agricultural grazing of livestock but excluding intensive operations, such as feed lots, poultry, hog or fur farms (4) Green houses, market gardens, berry farms, tree and plant nurseries (5) Apiaries (6) Kennels for commercial breeding or boarding purposes (7) Veterinary clinics (8) Bed and Breakfast Lodging 10 . 1 . 3 Acesory Uses - Buildings, structures or uses secondary or subordinate to, and located on the same lot with the principal permitted or discretionary use, shall be permitted. 10 . 1 . 4 Regulations - Development shall conform to the following requirements: (1) Lot Area Minimum (a) Agricultural Uses - 16 hectares (39.54 a.) (b) Public Works and other permitted uses - no minimum (c) Discretionary Uses - 1 hectares (2.47 a.) 10 . 1 . 5 Development Requirements - Single Detached Dwelings (1) Single detached dwellings shall be located on a developed road or street. (2) Single detached dwellings shall be constructed so as to provide a minimum setback of 7.5 metres (24.60 ft.) from a road or street and not prejudice future subdivision or urban servicing requirements. (3) Single detached dwellings shall not be constructed in locations that would prejudice future subdivision or urban servicing requirements. 10 . 1 . 6 Signs - Section 7 regulations shall apply in the UH - Urban Holding District. 10 . 2 R1 - Low Density Residential District 10 . 2 . 1 Permited Uses - The following are permitted uses in the R1 - Low Density Residential District: (1) Single-detached dwellings (2) Schools and educational facilities (3) Public works (excluding offices, warehouses and storage yards) 10 . 2 . 2 Discretionary Uses - The following are discretionary uses in the R1 - Low Density Residential Page 38 City of Melfort Zoning Bylaw No. 96-09 District: (1) Home occupations subject to the requirements of Section 5.3 (2) Places of worship, religious institutions (3) Libraries, cultural institutions (4) Personal care homes subject to the requirements of Section 5.5. (5) Community centres (6) Sports fields (7) Parks and playgrounds (8) Swimming pools (9) Secondary Suites 10 . 2 . 3 Acesory Uses - Buildings, structures or uses secondary or subordinate to, and located on the same lot with the principal permitted or discretionary use, shall be permitted. 10 . 2 . 4 Regulations (1) Single Detached Dwellings Lot area - minimum - 464 square metres (4,994.6 sq. ft.) where the lot is served by a lane, otherwise 557 square metres (5,995.69 sq. ft.) Lot frontage - minimum - rectangular lots: 15 metres (49.21 ft.) where the lot is served by a lane, otherwise 18 metres, (59.06 ft.); non-rectangular lots: 11 metres (36.9 ft.) with a mean width of 15 metres over the first 30 metres (98.43 ft.) measured from the front lot line where there is a lane, otherwise 15 metres with a mean width of 18 metres measured from the front lot line. Yard, front - minimum - 7.5 metres (24.61 ft.), except that for non-rectangular lots located on an arc of a crescent street, the front yard may be reduced by the Council so that a uniform front yard sight line can be maintained, but not less than 5 metres (16.4 ft.). Yard, rear - minimum - 7.5 metres (24.61 ft.) except that for a corner lot, where access to an attached garage is obtained from a flankage street, the minimum rear yard shall be 3 metres (9.84 ft.). Yard, side - minimum - 1.2 metres (3.94 ft.), except for a corner lot where access to an attached garage or detached garage is obtained from a flankage street, the minimum side yard shall be 4.5 metres (14.76 ft.). Floor area - minimum - 70 square metres (750 sq. ft.) (2) Libraries, Places of Worship, Religious and Cultural Institutions Lot area - minimum - 464 square metres (4,994.6 sq. ft.) Lot frontage - minimum - 15 metres (49.21 ft.) where the lot is served by a lane, otherwise 18 metres (59.06) Yard front - minimum - 7.5 metres (24.61 ft.) or 25% of the depth of the lot, whichever is greater Lot rear - minimum - 7.5 metres (24.61 ft.) or 25% of the lot depth whichever is greater Yard side - minimum - 3 metres (9.84 ft.) or half the building height, whichever is greater City of Melfort Zoning Bylaw No. 96-09 Page 39 (3) All Other Uses (except public works) Lot area - minimum - no minimum Lot frontage - minimum - no minimum Lot front - minimum - 7.5 metres (24.61 ft.) Lot rear - minimum - 7.5 metres (24.61 ft.) or 25% of the lot depth whichever is greater Yard side - minimum - 3 metres (9.84 ft.) or half the building height whichever is greater 10 . 2 . 5 Signs - Section 7 regulations shall apply in the R1 - Low Density Residential District. 10 . 2 . 6 Of - Stret Parking - Section 8 regulations shall apply in the R1 - Low Density Residential District. 10 . 2 . 7 Storage - Section 4.2.4 requirements shall apply in the R1 - Low Density Residential District. 10 . 3 R1A - Low Density Residential District 10 . 3 . 1 Permited Uses - All the permitted uses of the R1 - Low Density Residential District are permitted in the R1A - Low Density Residential District. 10 . 3 . 2 Discretionary Uses - All the discretionary uses of the R1 - Low Density Residential District may be considered as a discretionary use in the R1A - Low Density Residential District, except personal care homes and secondary suites. 10 . 3 . 3 Acesory Uses - Buildings, structures or uses secondary or subordinate to, and located on the same lot with the principal permitted or discretionary use, shall be permitted. 10 . 3 . 4 Regulations - The lot regulations of the R1 - Low Density Residential District shall apply in the R1A - Low Density Residential District - except that the minimum floor area shall be 112 square metres (1,205 sq. ft.) and except that the Yard front minimum shall be 4.57 metres (14.99 feet) on Whitley Street, Carson Street, Vickar Place and on Orr Drive (with the exception of Lots 1-8, Block 117, Plan 01PA13542 and Lots 38-45, Block 105, Plan 01PA13542. - except Yard, side (per dwelling unit) minimum - 1.2 metres (3.94 ft) except for a corner lot where access to an attached or detached garage is obtained from a flankage street in this district, the minimum side yard shall be 6 metres (19.69 ft). 10 . 3 . 5 Signs - Section 7 regulations shall apply in the R1A - Low Density Residential District. 10 . 3 . 6 Of - Stret Parking - Section 8 regulations shall apply in the R1A - Low Density Residential District. 10 . 3 . 7 Storage - Section 4.2.4 requirements shall apply in the R1A - Low Density Residential District. 10 .3B R1B - Low Density Residential 10.3B.1 Permited Uses - The only permitted use in the R1B - Low Density Residential District is single detached dwellings. 10.3B.2 Discretionary Uses - The only discretionary use in the R1B - Low Density Residential District is home-based businesses subject to the requirements of Section 5.3. 10.3B.3 Acesory Uses - Buildings, structures or uses secondary or subordinate to, and located on the same lot with the principal permitted or discretionary use shall be permitted. Page 40 City of Melfort Zoning Bylaw No. 96-09 10.3B.4 Regulations Lot area - minimum 2700 square metres (29063.5 sq. ft.) Lot frontage - minimum 17.5 metres Yard, front - minimum 15 metres (49.21 ft.) Yard, rear - minimum 7.5 metres (24.61 ft) Yard, side - minimum 5 metres (16.40 ft), except for Block 2, Lots 7 to 12 inclusive, where the minimum side yard shall be 2 metres (6.56 ft) Floor area - minimum 110 square metres (1184 sq. ft) except for two -story single detached dwellings where minimum shall be 165 square metres (1776 sq. ft.) 10.3B.5 Signs œ Section 7 regulations shall apply in the R1B - Low Density Residential District. 10.3B.6 Of - Stret Parking - Section 8 regulations shall apply in the R1B - Low Density Residential District. 10.3B.7 Storage - Section 4.2.4 regulations shall apply in the R1B - Low Density Residential District." 10 . 4 R2 - Medium Density Residential District 10 . 4 . 1 Permited Uses - The following are permitted uses in the R2 - Medium Density Residential District: (1) Single detached dwellings (2) Semi-detached and duplex dwellings (3) Parks and playgrounds (4) Schools and educational facilities (5) Public works (excluding offices, warehouses and storage yards) 10 . 4 . 2 Discretionary Uses - The following are discretionary uses in the R2 - Medium Density Residential District: (1) Multiple Unit Dwellings (2) Curling and skating rinks (3) Community centres (4) Swimming pools (5) Hospitals, medical clinics (6) Nursing homes (7) Places of worship, religious institutions (8) Lodges, fraternal organizations, clubs (9) Libraries and cultural institutions (10) Day care centres (11) Family child care homes City of Melfort Zoning Bylaw No. 96-09 Page 41 (12) Home occupations subject to the requirements of Section 5.3. (13) Personal care homes subject to the requirements of Section 5.5. (14) Sports fields (15) Swimming pools (16) Bed and Breakfast subject to the requirements of Section 5.2. (17) Group care facilities 10 . 4 . 3 Acesory Uses - Buildings, structures or uses secondary or subordinate to, and located on the same lot with the principal permitted or discretionary use, shall be permitted. 10 . 4 . 4 Regulations (1) Single Detached Dwellings Lot area - minimum - 464 square metres (4,994.6 sq. ft.) where the lot is served by a lane, otherwise 557 square metres (5,995.69 sq. ft.) Lot frontage - minimum - rectangular lots: 15 metres (49.21 ft.) where the lot is served by a lane otherwise 18 metres, (59.06); non-rectangular lots: 11 metres (36 ft.) with a mean width of 15 metres over the first 30 metres (98.43 ft.) measured from the front lot line where there is a lane, otherwise 15 metres with a mean width of 18 metres measured from the front lot line. Yard, front - minimum - 7.5 metres (24.61 ft.) Yard, rear - minimum - 7.5 metres (24.61 ft.), except that for a corner lot, where access to an attached garage is obtained from a flankage street, the minimum rear yard shall be 3 metres (9.84 ft.). Yard, side - minimum - 1.2 metres (3.94 ft.), except for a corner lot where access to an attached garage is obtained from a flankage street, the minimum side yard shall be 4.5 metres (14.76 ft.). Floor area - minimum - 70 square metres (750 sq. ft.) (2) Semi-detached and Duplex Dwellings Lot area - minimum - 460 square metres (4,951.39 sq. ft.), except where semi-detached dwellings are subdivided along the common wall, then each lot area shall be a minimum of 230 square metres (2,475.69 sq. ft.) Lot frontage - minimum - 15 metres (49.21 ft.) where the lot is served by a lane otherwise 21 metres (68.89 ft.). A site containing a semi-detached dwelling may be subdivided along the common wall and in that case, each dwelling unit shall then require a minimum frontage of 7.5 metres (24.6 ft.) where the lot is served by a lane otherwise 10.5 metres (34.45 ft.). Yard, front - minimum - 7.5 metres (24.61 ft.) Yard, rear - minimum - 7.5 metres (24.61 ft.), except that for a corner lot, where access to an attached garage is obtained from a flankage street, the minimum rear yard shall be 3 metres (9.84 ft.). Yard, side (per dwelling unit) - minimum - 1.2 metres (3.94 ft.), except for a corner lot where access to an attached garage is obtained from a flankage street, the minimum side yard shall be 4.5 metres (14.76 ft.). Floor area (per dwelling unit) - minimum - 46 square metres (495.16 sq. ft.). Page 42 City of Melfort Zoning Bylaw No. 96-09 (3) Multiple Unit Dwellings Lot area - minimum - 557 square metres (5,9995.70 sq. ft.) plus 70 square metres (753.50 sq. ft.) for each ground floor dwelling unit in excess of 3. Lot frontage - minimum - 18 metres (59.06) Yard, front - minimum - 7.5 metres (24.61 ft.) Yard, rear - minimum - 6 metres (19.69 ft.) Yard, side - minimum - 1.5 metres (4.92 ft.)or half the average wall height whichever is greater, except that the side yard may be reduced by Council for buildings that were constructed prior to 1960 to accommodate the redevelopment of existing sites, but not less than 0.5 metres (1.64 ft.). Lot coverage - maximum - 50 percent. Floor area - minimum - 46 square metres (495.16 sq. ft.) except for one bedroom units, in which case the minimum shall be 28 square metres (301.40 sq. ft.) (4) Libraries, Places of Worship, Day Care Centres, Religious and Cultural Institutions Lot area - minimum - 464 square metres (4,994.6 sq. ft.) Lot frontage - minimum - 15 metres (49.21 ft.) where the lot is served by a lane, otherwise 18 metres (59.06) Yard front - minimum - 7.5 metres (24.61 ft.) or 25% of the depth of the lot, whichever is greater Lot rear - minimum - 7.5 metres (24.61 ft.) or 25% of the lot depth whichever is greater Yard side - minimum - 3 metres (9.84 ft.) or half the building height, whichever is greater (5) All Other Uses (except public works) Lot area - minimum - no minimum Lot frontage - minimum - no minimum Lot front - minimum - 7.5 metres (24.61 ft.) Lot rear - minimum - 7.5 metres (24.61 ft.) or 25% of the lot depth whichever is greater Yard side - minimum - 3 metres (9.84 ft.) or half the building height whichever is greater 10 . 4 . 5 Signs - Section 7 regulations shall apply in the R2 - Medium Density Residential District. 10 . 4 . 6 Of - Stret Parking - Section 8 regulations shall apply in the R2 - Medium Density Residential District. 10 . 4 . 7 Storage - Section 4.2.4 requirements shall apply in the R2 - Medium Density Residential District. 10 . 5 R3 - Multiple Unit Residential District 10 . 5 . 1 Permited Uses - The following are permitted uses in the R3 - Multiple Unit Residential District. (1) Multiple unit dwellings (2) Parks and playgrounds (3) Schools, educational institutions (4) Public works (excluding offices, warehouses and storage yards) (5) Townhouses 10 . 5 . 2 Discretionary Uses - The following are discretionary uses in the R3 - Multiple Unit Residential District: City of Melfort Zoning Bylaw No. 96-09 Page 43 (1) Curling and skating rinks (2) Community centres (3) Swimming pools (4) Medical clinics (5) Nursing homes (6) Places of worship, religious institutions (7) Lodges, fraternal organizations, clubs (8) Libraries, cultural institutions (9) Day care centres (10) Home occupations subject to the requirements of Section 5.3. (11) Dwelling Unit Groups (12) Group Care Facilities 10 . 5 . 3 Acesory Uses - Buildings, structures or uses secondary or subordinate to, and located on the same lot with the principal permitted or discretionary use, shall be permitted. 10 . 5 . 4 Regulations (1) Multiple Unit Dwellings Lot area - minimum - 557 square metres (5995.70 sq. ft.) plus 70 square metres (753.50 sq. ft.) for each ground floor dwelling unit in excess of 3. Lot frontage - minimum - 18 metres (59.06) Yard, front - minimum - 7.5 metres (24.61 ft.), with the exception of McPhee Bay, where the minimum front yard shall be 4.572 metres (15 ft.). Yard, rear - minimum - 7.5 metres (24.61 ft.), except that for a corner lot where access to an attached garage is obtained from a flankage street, the minimum rear yard shall be 3 metres (9.84 ft.). Yard, side - minimum - 3 metres (9.84 ft.) or half the average wall height whichever is greater, except that for a corner lot where access to an attached garage is obtained from a flankage street, the minimum shall be 6 metres (19.69 ft). Lot coverage - maximum - 50 percent. Floor area - minimum - 46 square metres (495.16 sq. ft.) except for one bedroom units, in which case the minimum shall be 28 square metres (301.40 sq. ft.) (1.1) Townhouses Lot area - minimum - 185 square metres (1,991.39 sq. ft.) for each dwelling unit. Lot frontage - minimum - 6 metres (19.69 ft.) Yard, front - minimum - 7.5 metres (24.61 ft.) Yard, rear - minimum - 6 metres (19.69 ft.) Yard, side - minimum - 1.5 metres (4.92 ft.) or half the average wall height whichever is greater. Lot coverage - maximum - 50 percent. Floor area - minimum - 46 square metres (495.16 sq. ft.) except for one bedroom units, in which case the minimum shall be 28 square metres (301.40 sq. ft.) (1.2) Dwelling Unit Groups Page 44 City of Melfort Zoning Bylaw No. 96-09 Lot area - minimum - 360 square metres (3,875.13 sq. ft.) per dwelling unit at a grade level or main floor plus 65 square metres (699.68 sq. ft.) for each additional unit above the main floor. Yard, front - minimum - 7.5 metres (24.61 ft.). Council may reduce this distance to a minimum 6 metres (19.69 ft.) where internal vehicular access is provided to individual principle dwellings from within a bare land condominium plan. Yard, rear - minimum - 7.5 metres (24.61 ft.). Council may reduce this distance to a minimum of 3 metres (9.84 ft.) where internal vehicular access is provided to individual principle dwellings from within a bare land condominium plan. Yard, side - minimum - 3 metres (9.84 ft.) or half the average wall height whichever is greater. Council may reduce this distance to a minimum of 1.2 metres (3.94 ft.) where vehicular access is provided to individual principle dwellings from within the bare land condominium plan. Lot coverage - maximum - 50 percent. Principle building setback - All principle buildings forming a part of the dwelling unit - Minimum group shall be located at least 1.2 metres (3.94 ft.) from any other principle building on the lot except bare land condominium plan as the case may be. (2) All Other Uses (except public works) Lot area - minimum - no minimum Lot frontage - minimum - no minimum Yard front - minimum - 7.5 metres (24.61 ft.) Yard rear - minimum - 7.5 metres (24.61 ft.) Yard side - minimum - 3 metres (9.84 ft.) or half the building height, whichever is greater. 10 . 5 . 5 Signs - Section 7 regulations shall apply in the R3 - Multiple Unit Residential District. 10 . 5 . 6 Of - Stret Parking - Section 8 regulations shall apply in the R3 - Multiple Unit Residential District. 10 . 5 . 7 Storage - Section 4.2.4 requirements shall apply in the R3 - Multiple Unit Residential District. 10 . 6 R4 - Mobile Home Residential District 10 . 6 . 1 Permited Uses - The following are permitted uses in the R4 - Mobile Home Residential District. (1) Mobile home subdivisions (2) Mobile home courts (3) Parks and playgrounds (4) Schools and educational institutions (5) Public works (excluding offices, warehouses, and storage yards) 10 . 6 . 2 Discretionary Uses - The following are discretionary uses in the R4 - Mobile Home Residential District: (1) Day care centres (2) Family child care homes City of Melfort Zoning Bylaw No. 96-09 Page 45 (3) Home occupations subject to the requirements of Section 5.3. 10 . 6 . 3 Acesory Uses - Buildings, structures or uses secondary or subordinate to, and located on the same lot with the principal permitted or discretionary use, shall be permitted. 10 . 6 . 4 Regulations (1) Mobile Homes Lot area - minimum - 464 square metres (4,994.6 sq. ft.) where the lot is served by a lane otherwise 557 square metres (5,995.69 sq. ft.); for a mobile home court the minimum lot area shall be 2 hectares (4.9 a.) Lot frontage - minimum - 13.7 metres (45 ft.) where the lot is served by a lane otherwise 15 metres (49.21 ft.) Yard front - minimum - 4.5 metres (14.7 ft.); mobile home courts shall have a minimum front yard of 7.5 metres (24.61 ft.) Yard rear - minimum - 4.5 metres (14.7 ft.); mobile home courts shall have a minimum rear yard of 7.5 metres (24.61 ft.) Yard side - minimum - 1.2 metres (3.94 ft.); Floor area - minimum - 66 square metres (710.44 sq. ft.) (2) All Other Uses (except public works) Lot area - minimum - no minimum Lot frontage - minimum - no minimum Yard front - minimum - 7.5 metres (24.61 ft.) Yard rear - minimum - 7.5 metres (24.61 ft.) or 25% of the depth of the lot whichever is the greater. Yard side - minimum - 3 metres (9.84 ft.) of half the building height whichever is the greater (3) Additional Mobile Home Court Regulations (a) All mobile home courts shall comply with Canadian Standards Association Z240 standards. (c) Mobile homes shall be connected to municipal sewer and water systems, if available to the site. All connections shall be protected from frost damage. (d) A landscaped area of not less than 7.5 metres (24.61 ft.) in width shall be provided and developed within a mobile home park along its boundary limits in addition to a recreational area. (e) Ten percent of the gross area of a mobile home park shall be developed for a recreational area. 10 . 6 . 5 Acesory Uses - Buildings, structures or uses secondary or subordinate to, and located on the same lot with the principal permitted or discretionary use, shall be permitted. 10 . 6 . 6 Signs - Section 7 regulations shall apply in the R4 - Mobile Home Residential District. 10 . 6 . 7 Of - Stret Parking - Section 8 regulations shall apply in the R4 - Multiple Unit Residential District. 10 . 6 . 8 Storage - Section 4.2.4 requirements shall apply in the R4 - Multiple Unit Residential District. 10 . 7 C1 - Retail Comercial District Page 46 City of Melfort Zoning Bylaw No. 96-09 10 . 7 . 1 Permited Uses - The following are permitted uses in the C1 - Retail Commercial District: (1) Banks, offices, studios (2) Bakeries with retail sales (3) Barbers, hairdressers, receiving stations for dry cleaning and laundry establishments, self-service laundries, shoe repair and similar types of personal service establishments (4) Medical and dental offices and clinics (5) Printing plants, newspaper offices (6) Restaurants, confectioneries and other places for the sale and consumption of food and related items (7) Retail and rental stores (8) Community centres (9) Commercial entertainment establishments (10) Undertaking establishments (11) Licensed beverage rooms and other places for the sale and consumption of beer, wine and other spirits with or without food. (12) Hotels, motels (13) Radio and television stations (14) Public works (15) Retail cannabis establishments, provided they are more than 150 m travelling distance from a public school, playground or licensed daycare 10 . 7 . 2 Discretionary Uses - The following are discretionary uses in the C1 - Retail Commercial District: (1) Shopping centres (2) Mini-malls (3) Service stations (4) Establishments for the sale, storage and servicing of motor vehicles (5) Lumber yards (6) Car washes (7) Wholesale trade stores and office (8) Trade workshops, but not including open exterior storage space (9) Bus terminals (10) Gas bars (11) Bed and Breakfast subject to the requirements of Section 5.2. (12) Bakeries with accessory milling operations subject to provincial Air Quality, Environmental & Health regulations (13) Lodges, fraternal organizations, clubs (14) Libraries, cultural institutions (15) Places of worship (16) Day care centres (17) Multiple Unit Dwellings (18) Accessory dwelling units attached to stores or commercial establishments subject to the dwelling unit: (a) having an entrance separate from that of the store or commercial establishment; and (b) providing a fire exit secondary to the required entrance. (19) Taxidermy (20) Greenhouses, tree and plant nurseries 10 . 7 . 3 Acesory Uses - Buildings, structures or uses secondary or subordinate to, and located on the same lot with the principal permitted or discretionary use, shall be permitted. 1 0 . 7 . 4 Regulations City of Melfort Zoning Bylaw No. 96-09 Page 47 (1) Multiple Unit Dwellings Lot area - minimum - 557 square metres (5,995.69 sq. ft.) plus 70 square metres (753.5 sq. ft.) for each ground floor dwelling unit in excess of 3 Lot frontage - minimum - 18 metres (59.06) Yard front - minimum - 7.5 metres (24.61 ft.) Yard rear - minimum - 7.5 metres (24.61 ft.) Yard side - minimum - 3 metres (9.84 ft.) or half the average wall height whichever is greater Lot coverage - maximum - 50% Floor area - minimum - 46 square metres (495.16 sq. ft.) except for one bedroom units, in which case the minimum shall be 28 square metres (301.40 sq. ft.) (2) Other Uses Lot area - minimum - Service stations - 929 square metres (10,000 sq. ft.) - Gas bars - 700 square metres (7,534.98 sq. ft.) - Shopping centres - 2,800 square metres (30,140 sq. ft.) - Mini malls - 900 square metres (9,687.84 sq. ft.) - All other uses - 278 square metres (3,003.22 sq. ft.) Lot frontage - minimum - Service stations - 30 metres (98.43 ft.) - Gas bars - 23 metres (75.46 ft.) - Shopping centres - 90 metres (295.28 ft.) - Mini malls - 30 metres (98.43 ft.) - All other uses - 7.5 metres (24.61 ft.) Yard front - minimum - Service stations - 7.5 metres (24.61 ft.) - Gas bars - 7.5 metres (24.61 ft.) - Shopping centres and mini malls - 15 metres (49.21 ft.) - All other uses - no requirement Yard side - minimum - Service stations and gas bars - 3 metres (9.84 ft.) - Shopping centres - 6 metres (19.69 ft.) - Mini malls - 3 metres (9.84 ft.) - All other uses - no minimum, except where the side of a lot in any C1-Commercial District abuts any Residential District without an intervening street or lane, a side yard of at least 1.5 metres (4.92 ft.)shall be provided Yard rear - minimum - Service stations and gas bars - 10% of the depth of the lot - Shopping centres and mini malls - 6 metres (19.69 ft.) - All other uses - 1.5 metres (4.92 ft.), except where the rear of a lot in any C1-Commercial District abuts any Residential District without an intervening street or lane, a rear yard of at least 6 metres (19.69 ft.) shall be provided 10 . 7 . 5 Signs - Section 7 regulations shall apply in the C1 - Retail Commercial District. Page 48 City of Melfort Zoning Bylaw No. 96-09 10 . 7 . 6 Of - Stret Parking and Loading - Section 8 regulations shall apply in the C1 - Retail Commercial District. 10 . 8 C2 - Highway Comercial District 10 . 8 . 1 Permited Uses - The following are permitted uses in the C2 - Highway Commercial District: (1) Hotels (2) Motels (3) Service stations (4) Establishments for the sale, storage and servicing of motor vehicles, trailers, agricultural machinery, equipment and supplies (5) Car washing establishments (6) Community centres (7) Restaurants, confectioneries and other places for the sale and consumption of food and related items (8) Government offices (9) Public works (10) Gas Bars (11) Undertaking and/or Crematorium establishments (12) Retail cannabis establishments, provided they are more than 150 m travelling distance from a public school, playground or licensed daycare 10 . 8 . 2 Discretionary Uses - The following are discretionary uses in the C2 - Highway Commercial District: (1) Veterinary clinics (2) Lumber and building supply establishments (3) Day care centres (4) Bulk oil dealers (5) Auto body shops, but not including any works related to the operation of an auto wrecking yard (6) Wholesale trade stores, offices and warehouses (7) Shops of plumbers, pipe fitters, metal workers and other industrial tradespeople (8) Manufacturing and processing shops and associated storage facilities wherein applicable work activities are conducted wholly within enclosed buildings. (9) Commercial entertainment establishments (10) Bus terminals (11) Mini malls (12) Greenhouses, tree and plant nurseries 10 . 8 . 3 Acesory Uses - Buildings, structures or uses secondary or subordinate to, and located on the same lot with the principal permitted or discretionary use, including dwellings for managers, owners shall be permitted with Council approval, subject to the dwelling unit having an entrance separate from that of the store or commercial establishment and providing a fire exit secondary to the required entrance. 10 . 8 . 4 Regulations Lot area - minimum Hotels, motels, mini malls, and service stations - 929 square metres (10,000 sq. ft.) Gas bars - 700 square metres (7,534.98 sq. ft.) All other uses - 464 square metres (4,994.6 sq. ft.) Lot frontage - minimum City of Melfort Zoning Bylaw No. 96-09 Page 49 Hotels, motels, mini malls and service stations - 30 metres (98.43 ft.) Gas bars - 23 metres (75.46 ft.) All other uses - 15 metres (49.21 ft.) Yard front - minimum Hotels, motels, mini malls and service stations - 15 metres (49.21 ft.) All other uses - 7.5 metres (24.61 ft.) Yard side - minimum - 3 metres (9.84 ft.) Yard rear - minimum Gas bars - 10% of the depth of the lot All other uses - 3 metres (9.84 ft.) with lane; 6 metres (19.69 ft.) without lane 10 . 8 . 5 Signs - Section 7 regulations shall apply in the C2 - Highway Commercial District. 10 . 8 . 6 Of - Stret Parking and Loading - Section 8 regulations shall apply in the C2 - Highway Commercial District. 10 . 9 C3 - Shoping Centre Comercial District 10 . 9 . 1 Permited Uses - The following are permitted uses in the C3 - Shopping Centre Commercial District: (1) Shopping centres comprised of: (a) Retail stores (b) Financial institutions (c) Restaurants, beverage rooms, cocktail lounges and other similar uses (d) Commercial entertainment establishments (e) Personal service establishments (f) Dry cleaners (g) Medical and/or dental clinics (h) Offices (i) Gas bars (j) Fast food outlets (k) Hotels and motels (l) Retail cannabis establishments, provided they are more than 150 m travelling distance from a public school, playground or licensed daycare (2) Public works 10 . 9 . 2 Discretionary Uses - The following are discretionary uses in the C3 - Shopping Centre Commercial District: (1) Service stations (2) Tourist Information Facilities 10 . 9 . 3 Acesory Uses - Buildings, structures or uses secondary or subordinate to, and located on the same lot with the principal permitted or discretionary use, shall be permitted. 10 . 9 . 4 Regulations (1) Site Requirements Shopping Centres Page 50 City of Melfort Zoning Bylaw No. 96-09 Site requirements Area, minimum - 4 hectare (1 Ac.) Frontage, minimum - 90 metres (295.28 ft.) yard, front - minimum - 7.5 metres (24.6 ft.) yard, rear - minimum - 6 metres (19.7 ft.) yard, side - minimum - 6 metres (19.7 ft.) Requirements for individual lots within a Shopping Centre site lot frontage, minimum - 6 metres (19.7 ft.) yard, front - minimum - 7.5 metres (24.6 ft.) yard, side - minimum - no minimum or 6 metres if the side yard is also the site side yard yard, rear - minimum - no minimum or 6 m if the rear yard is also the site rear yard Other Uses Lot area - minimum Gas bars - 700 square metres (7,534.98 sq. ft.) All other uses - 929 square metres (10,000 sq. ft.) Lot frontage - minimum Service stations - 30 metres (98.43 ft.) Gas bars - 23 metres (75.46 ft.) All other uses - 15 metres (49.21 ft.) Yard front - minimum Service stations and Gas bars - 15 metres (49.21 ft.) All other uses - 7.5 metres (24.61 ft.) Yard side - minimum - 3 metres (9.84 ft.) Yard rear - minimum Service stations and Gas bars - 10% of the depth of the lot All other uses - 3 metres (9.84 ft.) with lane; 6 metres (19.69 ft.) without lane 10 . 9 . 5 Signs - Section 7 regulations shall apply in the C3 - Shopping Centre Commercial District. 10 . 9 . 6 Of - Stret Parking and Loading - Section 8 regulations shall apply in the C3 - Shopping Centre Commercial District. 10.9.7 Landscaping - Landscaping shall be provided in accordance with a landscape plan submitted by the developer and the development shall conform with the following requirements and standards: (1) all areas of a site not covered by buildings, required accessory uses to the principal building, parking or vehicular maneuvering areas shall be landscaped; (2) the minimum landscape area to be provided on-site shall be 10% of the site area; (3) abutting street boulevards or other public areas may be included within the landscaped area and considered as part of the minimum site area; (4) where an outdoor private amenity space or communal open space is provided within the required landscaped area, it shall be considered as satisfying a portion of the landscaping requirements; (5) the quality and extent of the landscaping established on a site shall be the minimum standard to be maintained on the site for the life of the development. Adequate means of irrigating and maintaining the landscaping shall be provided; (6) Soft Landscaping shall conform to the following: City of Melfort Zoning Bylaw No. 96-09 Page 51 (a) all plant materials shall be of a species capable of healthy growth in Melfort; (b) trees shall be planted in the overall minimum ratio of one tree per 45 square metres of landscaped area within the site area; (c) the mixture of tree sizes at the time of planting shall be equivalent to a minimum of 50 percent larger trees. The minimum size for smaller deciduous trees shall be 50 millimetres caliper and for larger deciduous trees, a minimum of 85 millimetres caliper; (7) Landscaping areas shall be located to enhance: - pedestrian areas; - building walls; - vehicle entranceways and internal circulation roadways; - parking areas as necessary to break-up large expanses of pavement; - the property line of the site adjacent to arterial roadways or highways at an average landscape width of 6m. excluding vehicle access/egress points; - the property line of the site adjacent to collector roadways at an average width of 3 m. excluding vehicle access/egress points. (8) The Director of Community Services may approve a variance of landscaping requirements detailed in this section, based on the submission of a landscape design plan that, in his/her opinion is deemed equivalent and meets the intent of the bylaw. 10 . 10 C4 - Neighbourhod Comercial District 10 . 10 . 1 Permited Uses - The following are permitted uses in the C4 - Neighbourhood Commercial District: (1) Convenience stores (2) Personal service establishments (3) Laundromats (4) Public works 10 . 10 . 2 Discretionary Uses - The following are discretionary uses in the C4 - Neighbourhood Commercial District: (1) Arcades (2) Video rental 10 . 10 . 3 Acesory Uses - Buildings, structures or uses secondary or subordinate to, and located on the same lot with the principal permitted or discretionary use, shall be permitted. 10 . 10 . 4 Regulations Lot area - minimum - 464 square metres (4,994.6 sq. ft.) Lot frontage - minimum - 15 metres (49.21 ft.) Yard front - minimum - 7.5 metres (24.61 ft.) Yard side - minimum - 1.5 metres (4.92 ft.) Yard rear - minimum - 3 metres (9.84 ft.) with lane; 6 metres (19.69 ft.) without lane 10 . 10 . 5 Signs - Section 7 regulations shall apply in the C4 - Neighbourhood Commercial District. 10 . 10 . 6 Of - Stret Parking and Loading - Section 8 regulations shall apply in the C4 - Neighbourhood Commercial District. Page 52 City of Melfort Zoning Bylaw No. 96-09 10 . 1 M1 - Light Industrial District 10 . 1 . 1 Permited Uses - The following are permitted uses in the M1 - Light Industrial District: (1) Lumber and building supply establishments (2) Service stations (3) Establishments for the sale, storage and servicing of motor vehicles, trailers, farm machinery and equipment (4) Autobody shops (5) Car washing establishments (6) Shops of plumbers, pipe fitters, metal workers and other industrial tradespeople (7) Wholesale establishments and warehouses (8) Railway and ancillary functions (9) Truck, bus and other transport terminals and yards (10) Laundry and dry cleaning establishments (11) Printing plants and reproduction offices (12) Bakeries (13) Public works (14) Gas Bars 10 . 1 . 2 Discretionary Uses - The following are discretionary uses of forms of development in the M1 - Light Industrial District: (1) Grain elevators, mills and seed cleaning plants (2) Concrete manufacturing plants (3) Bulk oil, propane gas, fuel dealers, storage and sales (4) Veterinary hospitals (5) Auto wrecking yards (6) Commercial bingo halls (7) Owner's, manager's or caretaker's residence, subject to the following development standards: - The residence must be accessory and subordinate to the principal permitted or discretionary use. - Only one residence is permitted on each parcel. - The residence must be located on the same parcel as the business, or be located in part of the business, subject to the residence having an entrance separate from that of the commercial or industrial establishment and providing a fire exit secondary to the required entrance. - If the residence is a stand-alone structure, it must utilize no more than 10% of the area of the parcel. - The residence must be connected to the city water and sewer systems. 10 . 1 . 3 Acesory Uses - Buildings, structures or uses secondary or subordinate to, and located on the same lot with the principal permitted or discretionary use, shall be permitted. 10 . 1 . 4 Regulations (1) Lot Requirements Lot area - minimum Service stations and gas bars - 929 square metres (10,000 sq. ft.) All other uses - 557 square metres (5,995.69 sq. ft.) Lot frontage - minimum City of Melfort Zoning Bylaw No. 96-09 Page 53 Service stations and gas bars - 30 metres (98.43 ft.) All other uses - 18 metres (59.06) Yard front - minimum Service stations and gas bars - 7.5 metres (24.61 ft.) All other uses - 4.5 metres (15 ft.) Yard side - minimum - 3 metres (9.84 ft.) on each side Yard rear - minimum - 10% of the depth of the lot 10 . 1 . 5 Signs - Section 7 regulations shall apply in the M1 - Light Industrial District. 10 . 1 . 6 Of - Stret Parking and Loading - Section 8 regulations shall apply in the M1 - Light Industrial District. 10 . 12 M1A - Light Industrial District 10 . 12 . 1 Permited Uses - All the permitted uses of the M1 - Light Industrial District are permitted in the M1A - Light Industrial District. 10 . 12 . 2 Discretionary Uses - The following are discretionary uses of forms of development in the M1A - Light Industrial District: (1) All the discretionary uses of the M1 - Light Industrial District may be considered as a discretionary use in the M1A - Light Industrial District. (2) Single detached dwellings subject to the following development requirements: (a) Development applications for dwellings will only be considered for replacement of a dwelling. (b) The yard regulations of the R2 - Medium Density Residential District shall apply. 10 . 12 . 3 Acesory Uses - Buildings, structures or uses secondary or subordinate to, and located on the same lot with the principal permitted or discretionary use, shall be permitted. 10 . 12 . 4 Regulations - The lot regulations of the M1 - Light Industrial District shall apply in the M1A - Light Industrial District except for single detached dwellings in which case the regulations of the R2 - Medium Density Residential District shall apply. 10 . 12 . 5 Signs - Section 7 regulations shall apply in the M1A - Light Industrial District. 10 . 12 . 6 Of - Stret Parking and Loading - Section 8 regulations shall apply in the M1A - Light Industrial District. 10 . 13 M2 - Heavy Industrial District 10 . 13 . 1 Permited Uses - The following are permitted uses in the M2 - Heavy Industrial District: (1) Grain elevators, feed mills, fertilizer and seed cleaning plants (2) Lumber and building supply establishments (3) Manufacturing, processing and packing plants (4) Machine shops, foundry works, boiler works (5) Shops of plumbers, pipe fitters, metal workers and other industrial tradespeople (6) Petroleum products, storage yard, coal yards, gravel yards Page 54 City of Melfort Zoning Bylaw No. 96-09 (7) Service stations and other establishments for the servicing, storage and sale of motor vehicles, trailers, farm machinery and equipment (8) Wholesale establishments, warehouses, and supply depots (9) Creameries, milk and carbonated beverage bottling plants (10) Bus, railway and truck transportation terminals and yards. (11) Autobody shops (12) Printing plants and reproduction offices (13) Car washing establishments (14) Public works (15) Gas Bars 10 . 13 . 2 Discretionary Uses - The following are discretionary uses of forms of development in the M2 - Heavy Industrial District: (1) Abattoirs and stock yards (2) Junkyards and auto wrecking yards (3) Auction marts (4) Propane gas sales establishments (5) Tanneries and hide storage establishments (6) Veterinary hospitals (7) Hatcheries and eviscerating plants 10 . 13 . 3 Acesory Uses - Buildings, structures or uses secondary or subordinate to, and located on the same lot with the principal permitted or discretionary use, shall be permitted. 10 . 13 . 4 Regulations (1) Lot Requirements Lot area - minimum - 1114 square metres (11,991.39 sq. ft.) Lot frontage - minimum - 30 metres (98.43 ft.) Yard front - minimum - 6 metres (19.69 ft.) Yard side - minimum - 3 metres (9.84 ft.) on each side Yard rear - minimum - 10% of the depth of the lot, except where the rear yard abuts a railroad track or yard in which case no rear yard is required. 10 . 13 . 5 Si gns - Section 7 regulations shall apply in the M2 - Heavy Industrial District. 10 . 13 . 6 Of - Stret Parking and Loading - Section 8 regulations shall apply in the M2 - Heavy Industrial District. 10 . 14 FW - Flodway District 10 . 14 . 1 Permited Uses - The following are permitted uses in the FW - Floodway District: (1) Outdoor recreation uses comprised of sports fields, parks, golf courses, and tourist campsites (2) Wildlife habitat and sanctuary (3) Natural habitat conservation (4) Walkway or pedestrian and bicycle trails (5) Parking areas (6) Agricultural uses comprised of: (a) hay and forage crops; and (b) cereal grain crops such as wheat, oats, barley, flax, canola and other similar products; but not including the grazing of livestock. City of Melfort Zoning Bylaw No. 96-09 Page 55 (7) Market garden crops such as potatoes, lettuce, carrots, peas, beans, and other similar products (8) Tree and plant nurseries (9) Public works, but excluding buildings or storage yards 10 . 14 . 2 Discretionary Uses - The following are discretionary uses of forms of development in the FW - Floodway District: Buildings, structures or uses secondary or subordinate to, and located on the same lot with the principal permitted or discretionary use. 10 . 14 . 3 Regulations (1) Lot area - minimum - no minimum (2) General Regulations (a) No person shall within the FW - Floodway District backfill, grade, deposit earth or other material, excavate, store goods or materials, or erect any buildings or structures nor cause any such development to occur except as specifically provided herein. (b) Fencing or other similar structures and hedging and other similar landscape elements shall not be permitted in the FW - Floodway District unless constructed parallel to the direction of water flow and Council, in consultation with the Saskatchewan Water Corporation, are satisfied that such developments will not adversely affect the hydraulic efficiency or capacity of the floodway or adversely affect the existing drainage courses. (c) The storage of materials defined as "Hazardous Goods" by the Hazardous Substances C ontrol Regulations shall be prohibited. 10 . 14 . 4 Signs - Section 7 regulations shall apply in the FW - Floodway District. 10.15 ICS œ Institut ional Comunity Service District 10.15.1 Purpose - The purpose of this zone is to provide for and regulate institutional and community service uses. 10.15.2 Permited Uses - The following are permitted uses in the ICS - Institutional Community Service District: (1) Community centres (2) Schools and other education facilities (3) Day care centres and preschools (4) Federal, Provincial and Municipal buildings excepting warehouses and storage yards (5) Hospitals (6) Medical clinics and health services (7) Nursing homes (8) Private schools (9) Post offices (10) Public recreation uses (11) Public parks and playgrounds (12) Public utilities 10.15.3 Discretionary Uses - The following uses are discretionary in the ICS - Institutional Community Service District: (1) Multiple Unit Dwellings Page 56 City of Melfort Zoning Bylaw No. 96-09 (2) Cemeteries (3) Clubs, lodges, fraternal organizations (4) Funeral services (5) Places of worship (6) Community workshops for the disabled (7) Correctional Institutions and related facilities (8) Telecommunication towers (9) Parking lots and parking structures (10) Ancillary uses that support or enhance the principal permitted use or discretionary use, and located on the same lot with the principal permitted use or discretionary use, provided the total area of all ancillary uses does not exceed 60% of the area of the principal permitted or discretionary use. 10.15.4 Acesory Uses - Buildings, structures or uses secondary or subordinate to, and located on the same lot with the principal permitted or discretionary use, shall be permitted. 10.15.5 Regulations Site Requirements - Institutional Community Service District (1) Multiple Unit Dwellings Lot area - minimum - 557 square metres (5,995.69 sq. ft.) plus 70 square metres (753.5 sq. ft.) for each ground floor dwelling unit in excess of 3 Lot frontage - minimum - 15 metres (49.21 ft.) Yard front - minimum - 7.5 metres (24.61 ft.) Yard rear - minimum - 7.5 metres (24.61 ft.), except that for a corner lot where access to an attached garage is obtained from a flankage street, the minimum rear yard shall be 3 metres (9.84 ft.). Yard side - minimum - Yard, side - minimum - 1.5 metres (4.92 ft.) or half the average wall height whichever is greater. Lot coverage - maximum - 50% Floor area - minimum - 46 square metres (495.16 sq. ft.) except for one bedroom units, in which case the minimum shall be 28 square metres (301.40 sq. ft.) (2) Institutional Sites: Area - minimum - .4 hectare (1 Ac.) Frontage - minimum - 90 metres (295.28 ft.) Yard, front - minimum - 7.5 metres (24.6 ft.) Yard, rear - minimum - 3 metres (9.84 ft.) Yard, side - minimum - 3 metres (9.84 ft.) (3) Individual lots within an Institutional Site: Lot frontage - minimum - 6 metres (19.7 ft.) Yard, front - minimum - 7.5 metres (24.6 ft.) Yard, side - minimum - no minimum or 3 metres if the side yard is also the site side yard Yard, rear - minimum - no minimum or 3 m if the rear yard is also the site rear yard (4) All other uses Area - minimum 465 square metres (5000 sq. ft.) Lot frontage- minimum - 15 metres (49.21 ft.) City of Melfort Zoning Bylaw No. 96-09 Page 57 Yard front - minimum - 7.5 metres (24.61 ft.) Yard side - minimum - 3 metres (9.84 ft.) Yard rear - minimum - 3 metres (9.84 ft.) 10.15.6 Signs - Section 7 regulations for C3 shall apply in the ICS Institutional Community Service District. 10.15.7 Of - Stret Parking and Loading - Section 8 regulations shall apply in ICS Institutional Community Service District. 10.15.8 Landscaping - Landscaping shall be provided in accordance with a landscape plan submitted by the developer and the development shall conform with the following requirements and standards: (1) All areas of a site not covered by buildings, required accessory uses to the principal building, parking or vehicular maneuvering areas shall be landscaped; (2) The minimum landscape area to be provided on-site shall be 10% of the site area; (3) Abutting street boulevards or other public areas may be included within the landscaped area and considered as part of the minimum site area; (4) Where an outdoor private amenity space or communal open space is provided within the required landscaped area, it shall be considered as satisfying a portion of the landscaping requirements; (5) The quality and extent of the landscaping established on a site shall be the minimum standard to be maintained on the site for the life of the development. Adequate means of irrigating and maintaining the landscaping shall be provided; (6) Soft Landscaping shall conform to the following: (a) All plant materials shall be of a species capable of healthy growth in Melfort; (b) Trees shall be planted in the overall minimum ratio of one tree per 45 square metres of landscaped area within the site area; (c) The mixture of tree sizes at the time of planting shall be equivalent to a minimum of 50 percent larger trees. The minimum size for smaller deciduous trees shall be 50 millimetres caliper and for larger deciduous trees, a minimum of 85 millimetres caliper, (7) Landscaping areas shall be located to enhance: - pedestrian areas; - building walls; - vehicle entranceways and internal circulation roadways; - parking areas as necessary to break-up large expanses of pavement; - the property line of the site adjacent to arterial roadways or highways at an average landscape width of 6m. excluding vehicle access/egress points; - the property line of the site adjacent to collector roadways at an average width of 3 m. excluding vehicle access/egress points. (8) The Director of Community Services may approve a variance of landscaping requirements detailed in this section, based on the submission of a landscape design plan that, in his/her opinion is deemed equivalent and meets the intent of the bylaw. Page 58 City of Melfort Zoning Bylaw No. 96-09 SECTION 1 - REPEAL AND EFECTIVE DATE OF THE BYLAW 1 . 1 Repeal 1 . 1 Repeal Bylaw No. 82-23 as amended by Bylaws No. 84-03, No. 84-15, No. 85-05, No. 85-08, No. 87-01, No. 88-07, No. 88-17, No. 92-11, No. 93-12, and No. 96-05 are hereby repealed. 1 . 2 Efective Date Of The Bylaw This Bylaw shall come into force on the date of final approval by the Minister of Municipal Government. INTRODUCED AND READ a first time this 17th day of June, 1996. READ A SECOND TIME this 17th day of June, 1996. READ A THIRD TIME and passed this 15th day of July, 1996. "Arnold A. Orr" MAYOR SEAL "Joanne Forer" CITY CLERK CERTIFIED a true copy of Bylaw No. 96-09 adopted by Resolution of Council on the 15th day of July, 1996. City Clerk City of Melfort Zoning Bylaw No. 96-09 Page 59 FORM A Bylaw No. 96 - 09 Aplication No. CITY OF MELFORT APLICATION FOR DEVELOPMENT PERMIT 1. APPLICANT: a) Name b) Address Postal Code c) Telephone Number 2. REGISTERED OWNER: as above ( ) OR a) Name b) Address Postal Code c) Telephone Number 3. PROPERTY - LEGAL DESCRIPTION: Lots(s) Block(s) Registered Plan No. Certificate of Title No. Date 4. LOT SIZE: Dimensions (m) Area (m2, ha) 5. EXISTING LAND USE: 6. PROPOSED LAND USE / DESCRIPTION OF PROPOSED DEVELOPMENT: 7. a) PROPOSED DATE OF COMMENCEMENT: b) PROPOSED DATE OF COMPLETION: 8. OTHER INFORMATION: 9. FOR NEW CONSTRUCTION DRAW A SITE PLAN ON A SEPARATE SHEET SHOWING WHERE APPLICABLE: a) Dimensions of the lot. b) Location and size of all existing and proposed buildings and structures. c) Utility lines, easements, topographic features. d) Proposed site drainage and finished lot grades. e) Location of septic disposal systems and water supply. Page 60 City of Melfort Zoning Bylaw No. 96-09 f) Landscaping (loading and parking areas, entrance and exit points to sites, fences, screening, trees, hedges). 10. MOBILE HOMES - C.S.A. Z240 approval number (from Black and Silver sticker). 11. DECLARATION OF APPLICANT: I, of the of in the Province of do solemnly declare that the above statements contained within the application are true, and I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue of "The Canada Evidence Act." Date Signature FOR MUNICIPAL OFICE USE ONLY: 1. Present Zoning: 2. Proposed Use(s): Principal Accessory 3. Proposed Yards: Front Rear Side Side 4. Application Status: Meets Bylaw Requirements Does not Meet Bylaw Requirements Other Regulations/Comments: Date Development Officer City of Melfort Zoning Bylaw No. 96-09 Page 61 FORM B B ylaw No. 96 - 09 Aplication No. CITY OF MELFORT NOTICE OF DECISION FOR A DEVELOPMENT PERMIT To: (Applicant) (Address) THIS IS TO ADVISE YOU THAT YOUR APPLICATION FOR A; 1 PERMITTED USE OR FORM OF DEVELOPMENT, or 2 DISCRETIONARY USE OR FORM OF DEVELOPMENT: HAS BEEN: 3 APROVED . 4 APROVED SUBJECT TO CONDITIONS or DEVELOPMENT STANDARDS , as listed in theattached "Schedule A". 5 REFUSED for the following reason: If your application has been aproved with or without conditions, this form is considered to be the Development Permit granted pursuant to the Zoning Bylaw. Right of Apeal Please be advised that, under Sections 74 (4) and 96 of The Planing and Development Act, 1983 : 6 you may apeal the refusal of your application for a permitted use or form of development [Section 96 (1)]; 7 you may NOT apeal the refusal of your application for a use or form of development that is not permitted within the zoning district of the application [Section 96 (1.1)]; 8 you may apeal those standards that you consider excessive in the approval of the discretionary use or form of development subject to standards [Section 74 (4)]; 9 you may NOT apeal the refusal of your application for a discretionary use or form of development [Section 96 (4)]; to the Development Apeals Board of the City of Melfort. In addition you may appeal if you feel that the Development Officer has misapplied the Zoning Bylaw in the issuing of this permit [Section 96 (1)]. Your appeal must be in writing within 30 days of the date of this notice, to: Secretary, Development Apeals Board City of Melfort Box 230, Melfort, Saskatchewan, S0E 1A0. Date Development Officer Note: A building permit is also required for building construction. Page 62 City of Melfort Zoning Bylaw No. 96-09 CITY OF MELFORT MINOR VARIANCE APLICATION Aplication No. _ ZONIN G BYLAW NO. 96 - 09 1. I (we) ______________________________, hereby apply to the City of Melfort, for a minor variance of Zoning Bylaw No. 96-09 for the following property: Legal Description: (Lot, Block, Parcel, Registered Plan No.) Applicant: Name: Address: Postal Code: Telephone Number: Property Owner (if not same as above): Name: Address: Postal Code: Signature of Consent: Date: 2. Describe the nature and extent of relief applied for: 3. The reason(s) for the minor variance to the Zoning Bylaw is: 4. I (we) have enclosed a scaled site-plan indicating the dimensions of the existing and/or proposed building and the building setback(s) dimensions for the property. (If available, please provide a copy of the surveyor's certificate or real property report for the subject property). Any additional information that may be requested by the development officer, will be forwarded upon request. 5. I have enclosed the $25.00 minor variance application fee as required by the Zoning Bylaw. Dated this __________________ day of ___________________________, 19 _____. Signature of Applicant City of Melfort Zoning Bylaw No. 96-09 Page 63 CITY OF MELFORT MINOR VARIANCE APLICATION Application No. NOTICE OF DECISION To: (Applicant) (Address) THIS IS TO ADVISE YOU THAT YOUR APPLICATION FOR A MINOR VARIANCE HAS BEEN: APROVED (se note below) . APROVED SUBJECT TO TERMS AND CONDITIONS , as listed in the attached "Schedule A" (se note below) . REFUSED for the following reason: Note: Adjacent asesed owners of property are required to be provided with a notice of an aproval with o r without terms and conditions. This decision does not take efect: - in the case of a notice sent by registered mail, until 23 days from the date of the notice was mailed; - in the case of a notice delivered by personal service, until 20 days from the date of the notice was served. If an asesed owner objects to the aproval with or without conditions, the aproval is revoked and you have the right of apeal to the Development Apeals Board within 30 days of receiving a notice revoking the aproval. RIGHT OF APEAL Please be advised that you may appeal: the refusal of your application for a minor variance; the terms and conditions; to the Development Appeals Board within 30 days of this decision at the following address: Secretar y Development Apeals Board City of Melfort Box 230 Melfort, Saskatchewan, S0E 1A0. Date: Development Officer: Page 64 City of Melfort Zoning Bylaw No. 96-09 CITY OF MELFORT APLICATION FOR CONTRACT ZONING AMENDMENT Aplication No. _ 1. I (we) ______________________________, hereby apply to the City of Melfort, for a rezoning of land to be based on an contract agreement in accordance with Zoning Bylaw No. 96-09 for the following property: Legal Description: (Lot, Block, Parcel, Registered Plan No.) Applicant: Name: Address: Postal Code: Telephone Number: Property Owner (if not same as above): Name: Address: Postal Code: Signature of Consent: Date: 2. Describe the present use of buildings and property: 3. Describe the proposed use of buildings and property: 4. Provide a reason for this amendment request: 5. Describe any terms or conditions desired to be included in the contract agreement: 6. I (we) have enclosed a scaled site-plan indicating the dimensions of the existing and/or proposed building and the building setback(s) dimensions for the property. (If available, please provide a copy of the surveyor's certificate or real property report for the subject property). Any additional information that may be requested by the development officer, will be forwarded upon request. Dated this __________________ day of ___________________________, 20 _____. Signature of Applicant NOTE: Any advertising costs for the amendment wil be asesed to the aplicant. City of Melfort Zoning Bylaw No. 96-09 Page 65 SCHEDULE --A" Section 7 (2) Sign Aplication Form Page 66 City of Melfort Zoning Bylaw No. 96-09