Zoning Bylaw No. 5346 (Office Consolidation to June 23, 2026)

Moose Jaw, Saskatchewan · No. 5346 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 4d72117142d0 · verified 2026-10-23 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Office Consolidation CITY OF MOOSE JAW ZONING BYLAW OF THE CITY OF MOOSE JAW Bylaw No. 5346 Including amendments to June 23, 2026 Disclaimer: This information has been provided solely for research convenience. Official bylaws are available at the Office of the City Clerk and must be consulted for purposes of interpretation and application of the law. This Bylaw has been consolidated under the authority of the City Clerk. It represents proof, in absence of evidence to the contrary of: (a) the original bylaw and of all bylaws amending it; and (b) the fact of passage of the original and all amending bylaws. AMENDMENTS DATE PASSED Bylaw No. 5358 April 18, 2011 Bylaw No. 5364 May 30, 2011 Bylaw No. 5366 May 30, 2011 Bylaw No. 5367 May 30, 2011 Bylaw No. 5377 June 27, 2011 Bylaw No. 5378 June 27, 2011 Bylaw No. 5379 July 11, 2011 Bylaw No. 5381 August 22, 2011 Bylaw No. 5382 August 8, 2011 Bylaw No. 5383 September 6, 2011 Bylaw No. 5384 September 6, 2011 Bylaw No. 5387 October 3, 2011 Bylaw No. 5393 January 9, 2012 Bylaw No. 5394 January 9, 2012 Bylaw No. 5395 January 9, 2012 Bylaw No. 5403 February 6, 2012 Bylaw No. 5404 March 5, 2012 Bylaw No. 5407 April 2, 2012 Bylaw No. 5408 (Repealed) April 2, 2012 Bylaw No. 5409 April 2, 2012 Bylaw No. 5410 April 30, 2012 Bylaw No. 5411 April 30, 2012 Bylaw No. 5412 April 30, 2012 Bylaw No. 5414 June 11, 2012 Bylaw No. 5415 May 28, 2012 Bylaw No. 5416 June 11, 2012 Bylaw No. 5417 May 28, 2012 Bylaw No. 5421 June 25, 2012 Bylaw No. 5427 October 1, 2012 Bylaw No. 5429 December 3, 2012 Bylaw No. 5434 January 28, 2013 Bylaw No. 5438 March 25, 2013 Bylaw No. 5443 May 6, 2013 Bylaw No. 5446 June 10, 2013 Bylaw No. 5450 June 10, 2013 Bylaw No. 5451 July 22, 2013 Bylaw No. 5452 July 22, 2013 Bylaw No. 5453 July 22, 2013 Bylaw No. 5454 August 6, 2013 Bylaw No. 5457 October 28, 2013 Bylaw No. 5458 October 28, 2013 Bylaw No. 5459 October 28, 2013 Bylaw No. 5460 November 12, 2013 Bylaw No. 5466 February 24, 2014 Bylaw No. 5468 April 7, 2014 Bylaw No. 5486 July 14, 2014 AMENDMENTS DATE PASSED Bylaw No. 5491 November 17, 2014 Bylaw No. 5496 March 23, 2015 Bylaw No. 5499 May 4, 2015 Bylaw No. 5502 June 15, 2015 Bylaw No. 5504 September 8, 2015 Bylaw No. 5505 September 8, 2015 Bylaw No. 5509 January 11, 2016 Bylaw No. 5513 (Repealed) April 18, 2016 Bylaw No. 5517 April 18, 2016 Bylaw No. 5528 January 23, 2017 Bylaw No. 5533 April 24, 2017 Bylaw No. 5539 August 14, 2017 Bylaw No. 5550 December 18, 2017 Bylaw No. 5551 December 18, 2017 Bylaw No. 5552 February 26, 2018 Bylaw No. 5553 March 12, 2018 Bylaw No. 5562 June 25, 2018 Bylaw No. 5563 July 23, 2018 Bylaw No. 5569 December 17, 2018 Bylaw No. 5570 December 17, 2018 Bylaw No. 5582 May 27, 2019 Bylaw No. 5589 August 12, 2019 Bylaw No. 5598 September 23, 2019 Bylaw No. 5602 January 27, 2020 Bylaw No. 5613 January 27, 2020 Bylaw No. 5616 February 24, 2020 Bylaw No. 5617 March 9, 2020 Bylaw No. 5618 March 23, 2020 Bylaw No. 5624 June 29, 2020 Bylaw No. 5632 January 11, 2021 Bylaw No. 5635 February 16, 2021 Bylaw No. 5640 April 26, 2021 Bylaw No. 5641 April 26, 2021 Bylaw No. 5650 August 9, 2021 Bylaw No. 5651 August 9, 2021 Bylaw No. 5652 August 9, 2021 Bylaw No. 5656 December 6, 2021 Bylaw No. 5657 December 6, 2021 Bylaw No. 5673 August 8, 2022 Bylaw No. 5682 February 27, 2023 Bylaw No. 5702 August 14, 2023 Bylaw No. 5712 January 29, 2024 Bylaw No. 5713 January 29, 2024 Bylaw No. 5722 June 10, 2024 Bylaw No. 5726 October 7, 2024 Bylaw No. 5727 November 25, 2024 Bylaw No. 5732 May 12, 2025 AMENDMENTS DATE PASSED Bylaw No. 5740 July 28, 2025 Bylaw No. 5744 October 14, 2025 Bylaw No. 5757 April 28, 2026 Bylaw No. 5762 June 23, 2026 BYLAW NO. 5346 A BYLAW OF THE CITY OF MOOSE JAW TO REGULATE DEVELOPMENT IN THE CITY OF MOOSE JAW, TO PROVIDE FOR THE AMENITY OF THE AREA AND FOR THE HEALTH, SAFETY AND GENERAL WELFARE OF THE INHABITANTS IN THE CITY (THE ZONING BYLAW) TABLE OF CONTENTS SECTION 1 - INTRODUCTION.....................................................................................1 SECTION 2 - DEFINITIONS ..........................................................................................2 SECTION 3 - ADMINISTRATION ..............................................................................22 SECTION 4 - GENERAL REGULATIONS ................................................................32 SECTION 5 - REQUIRED PARKING AND LOADING ...........................................49 SECTION 6 - RESIDENTIAL ZONING DISTRICTS AND REGULATIONS ........63 6.4 R1 LARGE LOT LOW DENSITY RESIDENTIAL DISTRICT .......................... 64 6.5 R1A LOW DENSITY RESIDENTIAL DISTRICT ................................................ 66 6.6 R1B SMALL LOT LOW DENSITY RESIDENTIAL DISTRICT ...................... 67 6.7 R2 MEDIUM DENSITY RESIDENTIAL DISTRICT ........................................... 69 6.8 R3 HIGH DENSITY RESIDENTIAL DISTRICT ................................................. 71 6.9 R4 CORE MIXED RESIDENTIAL DISTRICT .................................................... 73 6.10 R5 ACREAGE RESIDENTIAL DISTRICT ........................................................... 75 6.11 R6 MOBILE AND MANUFACTURED HOME RESIDENTIAL DISTRICT ... 76 6.12 R7 CITY FRINGE RESIDENTIAL DISTRICT ................................................... 77 SECTION 7 - COMMERCIAL ZONING DISTRICT AND REGULATIONS ........78 7.1 C1 NEIGHBOURHOOD COMMERCIAL DISTRICT ........................................ 78 7.2 C1B MIXED USE NEIGHBOURHOOD COMMERCIAL DISTRICT .............. 79 7.3 C2 HIGH DENSITY COMMERCIAL DISTRICT ................................................ 81 7.4 C3 VEHICLE-ORIENTED COMMERCIAL DISTRICT .................................... 83 SECTION 8 - INDUSTRIAL ZONING DISTRICTS AND REGULATIONS .........86 8.1 M1 LIGHT INDUSTRIAL DISTRICT .................................................................... 86 8.2 M2 HEAVY INDUSTRIAL DISTRICT .................................................................. 88 8.3 M3 MIXED USE BUSINESS PARK INDUSTRIAL DISTRICT ......................... 90 8.4 M4 ENVIRONMENTAL LOW SERVICE INDUSTRIAL DISTRICT ............... 92 8.5 RR RAILROAD DISTRICT ..................................................................................... 93 SECTION 9 - COMMUNITY SERVICE /INSTITUTIONAL DISTRICT AND REGULATIONS ........................................................................................................93 9.1 CS COMMUNITY SERVICE AND INSTITUTIONAL DISTRICT .................. 93 SECTION 10 - OTHER ZONING DISTRICTS AND REGULATIONS ...................95 10.1 FW - FLOODWAY AND SLUMP CONTROL REGULATIONS ........................ 95 10.2 FLOOD FRINGE OVERLAY DISTRICTS - f.1 and f.2 ....................................... 96 10.3 SLUMP HAZARD OVERLAY DISTRICTS - s1 and s2....................................... 97 10.4 UH - URBAN HOLDING DISTRICT ..................................................................... 99 10.5 RVC - RIVER VALLEY CONSERVATION DISTRICT ................................... 100 10.6 P - PARKS DISTRICT ............................................................................................ 102 10.7 HERITAGE OVERLAY DISTRICT - HER. ....................................................... 103 10.8 CZ CONTRACT ZONING DISTRICT ................................................................. 103 10.9 DC DIRECT CONTROL DISTRICT ................................................................... 105 10.10 "h" HOLDING PROVISION .................................................................................. 106 SECTION 11 - SIGN REGULATIONS ......................................................................106 SECTION 12 - ZONING MAPS ..................................................................................121 SECTION 13 - APPENDICES .....................................................................................122 SECTION 14 - BYLAWS REPEALED ......................................................................136 SECTION 15 - COMING INTO FORCE ...................................................................136 1 SECTION 1 - INTRODUCTION 1.0 INTRODUCTION 1.1 SHORT TITLE: The Bylaw shall be known and may be cited as the Zoning Bylaw of the City of Moose Jaw. 1.2 PURPOSE: The purpose of this Bylaw is to regulate development in the City of Moose Jaw (the City), to provide for the amenity of the area and for the health, safety and general welfare of the inhabitants in the City, in accordance with the provisions of the City's Official Community Plan (OCP). 1.3 SCOPE: Development shall be permitted within the limits of the City of Moose Jaw only when it conforms with this Bylaw, the City's Official Community Plan and The Planning and Development Act, 2007 (the Act). 1.4 LEGISLATIVE INTENT: The regulations and requirements in this Bylaw are intended to implement the objectives, policies and strategies of the City's Official Community Plan. 1.5 EFFECT OF THE OCP IN RESPECT TO THE ZONING BYLAW As prescribed by Section 34(2) of the Act, in the event of any conflict between part of this OCP and the Zoning Bylaw, the inconsistent part of the Zoning Bylaw shall have no effect. 1.6 SEVERABILITY: a. If a court declares any portion of this Bylaw relating to a particular property, building or structure to be invalid, that judgement shall not affect the application of that provision to any other property, building or structure which is not specifically included in the judgement. b. A declaration by a Court that a section, clause or provision of this bylaw, including anything shown on the Zoning Map as being invalid, shall not affect the validity of the Bylaw or any part of the Bylaw. Only the section, clause, provision or part of the Zoning Map declared to be invalid would be affected by the judgment. 1.7 FLOOD HAZARD WARNING AND DISCLAIMER OF LIABILITY This Bylaw identifies areas of flood hazard as derived from the Canada - Saskatchewan Flood Damage Reduction Program. The degree of flood protection which is intended to be provided by this Bylaw is considered reasonable for the regulatory purposes and is based on historical records 2 and engineering and scientific methods of study for river and lakeshore settings. Larger floods may occur or the flood height may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Bylaw does not imply that areas outside the flood hazard area boundaries will be totally free from flooding or flood damages. In addition, this Bylaw shall not create a liability on the part of, or be a cause of action against the City of Moose Jaw or any officer or employee thereof for any flood damages that may result from the reliance on this Bylaw. 1.8 SLUMP HAZARD WARNING AND DISCLAIMER OF LIABILITY This Bylaw identifies areas of slump hazard as derived from the Golder and Associates Geotechnical Report commissioned by the City. In those identified areas which are now prone to slumping and earth movement, or which are subsequently identified as slump hazard in new geotechnical reports received by the City, the Zoning regulations will provide for a Slump Hazard zone. The degree of slump protection which is intended to be provided by this Bylaw is considered reasonable for the regulatory purposes and is based on engineering and scientific methods of study for slumping and earth movement. This Bylaw does not imply that areas outside the slump hazard area boundaries will be totally free from slumping and earth movement. In addition, this Bylaw shall not create a liability on the part of, or be a cause of action against the City of Moose Jaw or any officer or employee thereof for any damages due to slumping and earth movement that may result from the reliance on this Bylaw. SECTION 2 - DEFINITIONS DEFINITIONS In this Bylaw, unless a contrary intention appears, the following words or terms shall be held to have the following meaning: A Above Ground Fuel Storage Tanks A storage tank, any portion of which is above grade and containing gasoline, diesel fuel, propane or other fuel for retail sale. Accessory Building or Use A use, separate building or structure, normally incidental, subordinate, exclusively devoted to, and located on the same site as the principal use, building or structure and shall include private garages but unless otherwise specified, shall not include either a building or structure used for human habitation. (Bylaw No. 5553, 2018) Act The Planning and Development Act, 2007. Adult Entertainment Establishment A nightclub, bar, restaurant or similar establishment that features live performances, videos or films that are characterised by the exposure of specified human anatomical areas. For the purposes of this definition, "specified human anatomical areas" means any of the following: 3 (a) less than completely and opaquely covered human genitals, pubic region, buttock or female breast below a point immediately above the top of the areola; or (b) human male genitals in a discernibly turgid state, even if completely or opaquely covered. Agricultural Uses The non-intensive use of lands, buildings or structures for the production of crops, or other similar uses normally associated with agriculture, but shall not include any Intensive Livestock Operations or other Minor Livestock Operations as defined in this Bylaw. Alteration, Altered With reference to a building, structure or site means: (a) A change or rearrangement in the structural parts or in the existing facilities in any building or structure; (b) Any enlargement in any building or structure, whether by extending on a side or by increasing in building height; (c) The moving of any building or structure from one location or position to another; or (d) A change from one occupancy class to another. (Bylaw No. 5364, 2011) Ambulance Station A facility for receiving requests for ambulance service and for the stationing of one or more ambulances until dispatched in response to calls for service. The Station must be operated by a person or corporation having a valid and subsisting ambulance license issued pursuant to The Ambulance Act and have a current contract with an Ambulance District Board as defined by that Act. Amenity Space A land area, patio, balcony, terrace, deck area, or internal building space, set aside exclusively for the purpose of providing recreation space on the site. Amusement Park A commercially operated facility for active outdoor recreational activities including, but not limited to skateboard parks, miniature golf courses, driving ranges and go-cart tracks and other similar uses in the opinion of the Development Officer. Animal Shelter A building, which may include outdoor facilities, used for the temporary accommodation or impoundment of animals. Animal Unit (AU) The kind and number of animals calculated by The Ministry of Agriculture in accordance with The Agricultural Operations Regulations (Chapter A-12.1 REG 1), as amended. Aquifer A confined or unconfined subterranean body of water. Arterial Street - see Street, Arterial. 4 Awning A shelter projecting from and supported by the exterior wall of a building and which must be designed to be collapsible, retractable and generally constructed of fabric or similar non-rigid material. B Balcony A platform projecting from the face of a wall, cantilevered or supported by columns or brackets. Bed and Breakfast Homes The accessory use of an owner-occupied dwelling unit where short-term lodging rooms and meals are provided. Billboard A sign directing attention to a business, commodity, service, thing, message or entertainment conducted, sold or offered elsewhere than upon the same site on which that sign is located. Boarder A person who rents sleeping accommodations which have no individual cooking facilities, and who may be furnished with meals or other services as part of the consideration, but who is not a member of the household occupying the principal dwelling unit and is not the proprietor of a boarding house or boarding apartment. Boarding Apartment A building in which the proprietor supplies sleeping accommodations for more than 15 boarders, exclusive of the proprietor and the proprietor's household, and where meals and other services may be provided, and where no cooking facilities are present in any individual sleeping room or accommodations. Boarding House A building in which the proprietor supplies sleeping accommodations for more than five boarders but not more than 15 boarders, exclusive of the proprietor and the proprietor's household, and where meals and other services may be provided, and where no cooking facilities are present in any individual sleeping room or accommodations. Building A structure used or intended to be used for the shelter or accommodation of persons, animals, goods, chattels or equipment, having a roof which is supported by columns or walls and including tents and other temporary structures. (Bylaw No. 5553, 2018) Building Bylaw The Bylaw of the City regulating the erection, alteration, repair, occupancy, maintenance or demolition of buildings and structures. Building Height The vertical distance measured from the grade level to the highest point of the roof surface, if a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge for a gable, hip or gambrel roof.In calculating the height of a building, any construction used as an ornament or for the mechanical operation of the building, such as a penthouse or a chimney, tower, cupola, steeple or antenna shall not be included. 5 Building Official The Building Official for the City of Moose Jaw and shall include any person designated to act in this capacity. Building Permit A building permit issued under the Building Bylaw of the City authorizing the construction or reconstruction of a building. Building, Principal A building in which is conducted the main or primary use of the site on which said building is situated. Business Incubator A use which offers a full range of business services to temporary start-up companies. Business incubators host small start-up companies whose activities range from office use to light processing, prototype development, small scale manufacturing and assembly. Business incubators are not permanent locations for companies who move beyond the start-up phase. (Bylaw No. 5713, 2024) C Campground, Trailer and Tourist Camp Means development of land that has been planned and improved for the seasonal short term use between May 1st and October 31st of holiday trailers, motor homes, tents, campers and similar recreation vehicles and is not used for year round storage, or accommodation for residential use. Typical uses include tourist trailer parks, campsites and tenting grounds. (Bylaw No.5364, 2011) Cannabis Cannabis as defined in the Controlled Drugs and Substances Act. Cannabis Retail Stores A premises, licensed by Saskatchewan Liquor and Gaming Authority, where only cannabis for recreational purposes and cannabis related accessories are sold to persons who attend the premises. Cannabis Production Facility A premises, licensed by the Government of Canada to produce and or process cannabis for commercial or medical purposes. (Bylaw No.5563, 2018) Canopy A rigid, non-retractable, covered or enclosed structural framework attached to and extending outward from the exterior wall of a building and includes but is not limited to such structures as theatre marquees but does not include any structurally integrated architectural feature such as lintels, sills, mouldings or any structures over petroleum pumps. Carnival A temporary development providing a variety of shows, games and amusement rides, for a period not exceeding seven days, in which the patrons may take part and which may be located at a shopping centre or similar site without significant impact on surrounding properties and uses. 6 Car/Truck Washing Establishment An establishment, for washing or cleaning motor vehicles for gain. Catering Hall A building used for catering to banquets, weddings, receptions or similar functions in which food and beverages are either prepared and served on the premises or in which food and beverages may be prepared for service off the premises. Catering Kitchen A building in which food and beverages are prepared for service off the premises, but does not include a restaurant or food service establishment where fast food is prepared for customers to take out. Casino A gaming establishment licensed as a casino by the Saskatchewan Liquor and Gaming Authority (SLGA), but does not include a bingo parlor. Cemetery Land that is set apart or land that is authorised for the internment of human remains. Typical uses may include memorial parks and burial grounds, including crematoriums. City The Municipal Corporation of the City of Moose Jaw, and where the context requires, means the area comprised within the corporate limits of the City. City Engineer The Engineer for the City of Moose Jaw. Collector Streets - see Street, Collector. Commercial/Institutional Recreational Establishment A building or part of a building used for the commercial or institutional operation of health, social, cultural or recreational activities. Common Wall A vertical wall without an opening, separating two dwelling units between the top of the footings to the underside of the roof deck, and shall be common to both dwelling units over at least 40% of the length of each dwelling unit. Communications Tower A structure used for the purpose of attaching an antenna to send or receive television or radio waves, but does not include the antenna itself. Community Centre A building or facility used for recreational, social, educational or cultural activities, operated by the City of Moose Jaw or a non-profit organization and open to the general public. Activities in a community centre may include sport and recreation programs, classes sponsored by non-profit organizations, community events and programs and other similar activities. 7 Community Service Institutions A use which supplies a service to the residents of the City and surrounding area and which is based on charity, furnished or provided by charity, and is primarily dependent on aid by charity to provide the service. Concept Plan A large-scale plan prepared for the purposes outlined in Section 44 of the Act, and in accordance with the requirements of Section 4.2.1 of the Official Community Plan. Convenience Store - see Store, Convenience. Corner Visibility Triangles (Sight Triangles) A protected triangular area for traffic visibility as described in Bylaw No. 4760, Boulevard Bylaw. (Bylaw No. 5589, 2019) Council The Council of the City of Moose Jaw as defined in The Cities Act. Cultural Institution An establishment such as a museum, art gallery, library and similar facilities of historical, educational or cultural interest. Custodial Care Home A dwelling for the temporary detention or open custody of persons pursuant to the provisions of The Young Offenders Act (Canada) or The Summary Convictions Procedures Act (Saskatchewan); or a community training residence as defined in The Corrections Act (Saskatchewan). There shall be there types of such homes: Type 1 - Custodial Care Home has no more than five persons in detention, custody or residence; and Type 2 - Custodial Home has between five and nine persons in detention, custody or in residence. Type 3 - Custodial Home has more than nine persons in detention, custody or in residence. (Bylaw No. 5589, 2019) D Day Care Centres and Pre-Schools Establishments which are licensed by the Provincial government, providing for the care, supervision and protection of individuals of any age group who require care on a regular, periodic, or temporary basis. This includes but is not limited to: (a) child care centres as defined by The Child Care Act, 2014; and (b) a facility which offers educational and social activities for individuals who are not compulsory school age according to The Education Act, 1995. (Bylaw No. 5641, 2021) Deck An uncovered horizontal structure with a surface height greater than 0.6m above grade at any point that is intended for use as an outdoor amenity space but does not include a balcony. (Bylaw No. 5641, 2021) 8 Demolition Permit A type of Development Permit which may be issued under this Bylaw to authorise a change in the use of a site by removing or demolishing a building located on that site. Design Flood Area The flood hazard area along the Moose Jaw River, Thunder Creek and Spring Creek as shown on the Flood Hazard Map produced in accordance with the specifications for a 1:500 flood event as shown in schedule "C" of the Canada-Saskatchewan Flood Hazard Mapping and Studies Agreement of April 13, 1977. This area shall be shown on the Zoning Maps. 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 or intensity of the use of any building or land. Development Permit A permit issued by the Development Officer that authorises development, but does not include a building permit. Development Officer The City employee designated by Council to administer this Bylaw. Discretionary Use A use of land, building or other structure that may be allowed in a zone at a location and under conditions as specified by Council, or by the Development Officer, where authorised by Council. Dwelling A building or part of a building that may be used as a permanent residence excluding a Mobile home, but including a Modular home, and a Ready-to-Move Home, both as defined in this Bylaw. Dwelling Unit One or more rooms that may be used as a residence each unit having sleeping, cooking and toilet facilities. Dwelling, Group A group of two or more detached one unit dwellings, two unit dwellings, multiple unit dwellings, townhouses, boarding houses, boarding apartments, residential care homes, special needs housing, special care homes or combinations thereof occupying the same site, provided that each form of development comprising the dwelling group is otherwise a permitted or discretionary use in the zoning district. Dwelling, Mobile Home (or Mobile Home) A trailer coach: (a) that is used as a dwelling for permanent or year round living; (b) that has water faucets and a shower or bathtub that may be connected to a water distribution system; (c) that has washing and toilet facilities that may be connected to a sewage system; and (d) which is certified by the manufacturer that it complies with the Canadian Standards Association Code CSA-Z240 series standards. 9 Dwelling, Manufactured A factory-built dwelling that is manufactured off-site either in one unit (also called a Ready-to-Move unit) or in more than one section to be assembled on-site as a dwelling unit, having been designed to be transported on a removable chassis: and (a) which is certified by the manufacturer for compliance with the Canadian Standards Association Code CSA-A277 standard for use as a one unit dwelling; and (b) which has been delivered to the designated site in the municipality and placed on the foundation, provided that a development permit has first been obtained. Dwelling, Manufactured, Type 1 (Double Wide) A manufactured dwelling which is 8 metres (26.25 ft.) or more in width. Dwelling, Manufactured, Type 2 (Single Wide) A manufactured dwelling which is less than 8 metres (26.25 ft.) in width. Dwelling, Multiple Unit A building or a portion thereof designed for or occupied as three or more dwelling units, but not including a motel, hotel or townhouse. Dwelling, One Unit A building containing one dwelling unit but shall not include a mobile home dwelling. Dwelling, Semi Detached A dwelling unit on its own site, attached to another dwelling unit on its own site, with a common wall dividing the two dwelling units throughout at least 40% of the length of the longest dwelling unit measured from the front to the rear building lines of the dwelling units. (Bylaw No. 5377, 2011) Dwelling, Three-and-Four-Unit A building divided into three or four dwelling units as defined in this Bylaw and shall include town or row houses and apartment dwellings but not hotels or motels. Three-and-Four Unit Dwellings shall be considered a type of multi-unit dwelling and shall be subject to the same regulations as Dwelling, Multiple Unit, except where otherwise stated. (Bylaw No. 5732, 2025) Dwelling, Townhouse A dwelling, designed as one cohesive building in terms of architectural design, which contains three or more similar attached dwelling units each of which fronts on a street and has direct access to the outside at grade. Dwelling, Two Unit A building, comprising two dwelling units. E Educational Institution A post secondary college, university or technical institution, but shall not include a private school. 10 Elevation The vertical distance above or below mean sea level. Entertainment Establishment A facility where entertainment is provided to the public, either exclusively or in combination with other activities and without restricting the generality of the foregoing, may include a video arcade or pool hall, but shall not include an Adult Entertainment Establishment. Established Building Line A line, parallel to the front site line and set back the average distance from the edge of the street to the main walls of the existing buildings on a side of any block of the street where more than half the sites have been built on. Existing Shall mean existing at the effective date of this bylaw. F Family Day Care Home An accessory use located in a single detached dwelling, two unit dwelling, townhouse or a Mobile, Modular or Ready-to-Move home where the occupants of the dwelling provide child care services, supervision, or preschool services. Fast Food Outlet A building or part of a building in which food is cooked or otherwise prepared for sale exclusively for take out and consumption off-site. Fence Any vertical structure, other than a building, constructed of any material or combination of materials, which is a barrier and used to enclose or screen areas of land. Financial Institution A bank, credit union, or trust company or similar establishment. Flood Fringe The portion of the flood plain inundated by the 1:500 year flood that is not floodway. (Bylaw No. 5641, 2021) Floodway The portion of the flood plain adjourning the channel where the waters in the 1:500 year flood are projected to: (a) Meet or exceed a depth of one metre; or (b) Meet or exceed a velocity of one metre per second. (Bylaw No. 5641, 2021) Flood Proofing A measure, or combination of structural and non-structural measures, incorporated into the design of a structure that reduces or eliminates the risk of flood damage to a defined elevation. 11 (a) For buildings, this means the use of construction techniques, design or devices, equipment or materials to protect the building from potential flood damage, which may require the opinion of a qualified professional engineer that the development will withstand the hydraulic pressure and velocity of the design flood. (b) For land, this means the adoption of measures such as filling Flood Fringe areas to prevent damage to such buildings or land by a flood of a specific magnitude (1:500 design flood level) if: I. It does not negatively affect neighbouring uses due to the new proposed elevations: and II. The proposed fill can be safely stabilized and does not significantly reduce the channel capacity. (Bylaw No. 5641, 2021) Floor Area The maximum habitable area contained within the outside walls of a building, excluding in the case of a dwelling unit any private garage, porch, sunroom, unfinished attic or unfinished basement. Freight Terminal A facility accommodating the storage and distribution of freight shipped by air, rail or highway transportation. Funeral Home A building designed for the purposes of furnishing funeral services to the public and includes facilities intended for the preparation of the human body for internment. G Garage or Yard Sales The sale of personal property, which is conducted on a residential site but such sale shall not be allowed as a Home Occupation. Gas Bar A building or facility used for the retail sale of motor vehicle fuels from approved dispensing facilities. Greenhouses, Plant Nurseries and Market Gardens A use primarily for the raising, storage, basic processing and sale of fruits and vegetables and bedding, edible, household and ornamental plants. Grocery Store A retail store greater than 325 square metres in gross floor area which primarily offers a wide range of grocery, dairy, produce, and meat products. Gross Floor Area The total floor area in a principal building or structure measured between the exterior faces of exterior walls of the building or structure at the level of each storey below, at and above grade, excluding the area used for off-street parking, loading, mechanical equipment, stairways or shafts. H Hazardous Materials Any product, substance or organism which, because of its quantity, concentration or risk of spill, or its physical, chemical or infectious characteristics, either individually or in combination with other substances is an existing or 12 potential threat to the physical environment, to human health or other living organisms, as defined by The Environmental Management and Protection Act, 2002. Home Occupation An accessory use of a dwelling unit for a business which is secondary and incidental to the primary use of the dwelling as a residence, and does not change the residential character of the buildings or site. Hotel A facility offering transient lodging accommodations on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms, and recreational facilities. I Independent Living Suite A temporary single detached dwelling unit consisting of a Mobile or Modular Unit for the accommodation of a physically dependent relative(s) of resident(s) of the main dwelling on site, which is not attached to the main dwelling (see Section 4.15). Industrial, Heavy Development used for medium to large-sized industries with on-site production, cleaning, servicing, repairing, testing, processing, manufacturing, or assembly of raw materials, semi-finished or finished goods, products or equipment. Other industrial development will also be considered as Heavy Industrial if it may create a nuisance for neighbouring uses or City services, or may be dangerous or offensive to neighbours and require special development standards. Industrial, Light Development used for small to medium-sized industries with on-site production, cleaning, servicing, repairing, testing, processing, manufacturing, or assembly of raw materials, semi-finished or finished goods, products or equipment. Such development shall not create a nuisance for neighbouring uses or City services. Intensive Livestock Operation (ILO) An operation or facilities for rearing, confinement or feeding of the specific number of Animals Units that would either require a Permit from the Ministry of Agriculture, or which is listed in this Bylaw as an existing use which is prohibited from expanding. This shall not include a Livestock Auction Facility. (Bylaw No. 5650, 2021) J Junk, Salvage and Auto Wrecking Yards Uses involved in salvaging, storing or selling scrap metal and other waste material, as well as unlicensed vehicles and used vehicle parts. Junked Vehicle Any automobile, tractor, truck, trailer or other vehicle that; (a) either (i) has no valid license plates attached to it; and/or (ii) is in rusted, wrecked, partly wrecked, dismantled, partly dismantled, inoperative or abandoned condition; and (b) is located on private land, but; (i) is not within a building erected in accordance with City Bylaws; and (ii) does not form part of a business enterprise lawfully being operated on that land. 13 K Kennel, Boarding The temporary accommodation of dogs, cats or other domestic animals for commercial purposes Kennel, Breeding The keeping of more than four dogs, cats or other domestic animals, male and female, and which are more than 12 months old, for breeding purposes. L Lane A public thoroughfare, which provides a secondary means of access to a site or sites. Library A non-commercial facility which loans books and other materials to the public. Licensed Facility A facility licensed by the Saskatchewan Liquor and Gaming Authority (SLGA) to sell alcoholic beverages for consumption on or off site. Livestock Auction Facility An operation or facility for the temporary confinement of animals for auction purposes. The operation may require a Permit from the Ministry of Agriculture as an ILO, but is not involved in the feeding of animals for production or growth purposes. (Bylaw No. 5650, 2021) Live Work Units A unit that contains one Dwelling, in addition to dedicated floor space for the purpose of conducting work. The work component may or may not be separate and distinct from the Dwelling. The work must be compatible with a residential environment and not pose a safety hazard or nuisance to other residential uses. (Bylaw No. 5713, 2024) Loading Space An on-site parking space provided for the temporary parking of a vehicle for the purposes of loading or unloading materials, goods or products. M Medical Clinic A building or part of a building where two or more members of the medical profession, dentists, opticians, chiropractors, osteopaths or occupational therapists provide diagnosis and treatment to the general public without overnight accommodation and may include such uses as reception areas, offices, consultation rooms, x-ray facilities and minor operating rooms. Medical, Dental and Optical Laboratories A place fitted with medical and scientific equipment and used for the conduct of medical, dental or optical investigations, experiments, and tests; or for the manufacture of medicines or medical aid devices, but does not include the manufacture of industrial chemicals. 14 Micro Brewery and Micro Distillery A small to medium-sized operation that does not cause a nuisance for neighbouring uses and does not require an increase of City services. The operation must meet the definition of a "Craft Manufacturer" under Saskatchewan Liquor and Gaming Authority (SLGA) regulations. (Bylaw No. 5589, 2019) Minor Livestock Operation A non-intensive agricultural use involving the rearing, pasturing or feeding of Animal Units, which does not qualify as an ILO as defined in this Bylaw. Mobile Home - see Dwelling, Mobile Home Mobile Home Park A site under one ownership, which has been planned, divided into mobile home sites and improved for the placement of mobile homes for residential use on a lease or rental basis. Modular Home - see Dwelling, Modular Home Motel A building or group of buildings, detached or connected, designed or used for providing temporary sleeping accommodation to the public, and each of which has a separate outside entrance and an adjoining parking space, and that may include a restaurant, meeting rooms and recreation facilities. Multiplex A public multi-use sports, business and entertainment facility. Municipal or Public Facility Public facilities including but not limited to, the City's Multiplex, schools, hospitals, municipal buildings, recreational facilities, heritage or archaeological sites and similar public institutional uses. N Night Club A building or part of a building which features commercial entertainment including music and dancing by patrons. Food and beverages including alcoholic beverages, if licensed by the SLGA may be provided to the patrons. Non-conforming Building Shall be defined as described in Section 2(ff) of the Act. Non-conforming Site Shall be defined as described in Section 2(gg) of the Act. Non-conforming Use Shall be defined as described in Section 2(hh) of the Act. 15 O Office and Office Building A place where the majority of the uses or business affairs are conducted for the following purposes, provided that the Intent of the applicable Zoning District is maintained: (a) administration; (b) financial; (c) general business; (d) professional services; (e) real estate; or (f) insurance offices. Official Community Plan The Official Community Plan for the City of Moose Jaw. Open Space That part of a site not covered by buildings and which is unobstructed from the ground upwards except by marquees canopies, balconies or eaves. Outdoor Recreation Facility A facility where outdoor recreation is available, either exclusively or in combination with other subordinate accessory activities and may, without restricting the generality of the foregoing, include sports fields, golf courses but excluding any activities which may detract from the amenity of the neighbourhood. Owner A person recorded as such on official records at the Land Titles records of the Information Services Corporation of Saskatchewan and including a duly authorized agent or notary, a purchaser, person bequeathed by will, judiciary or any other person having a vested or contingent interest in the property in question. P Parking Area A portion of land or of a building or a combination of both set aside for and presently capable of providing space for the parking of a number of motor vehicles. Parking Space A space set aside for and capable of being used for the parking of one motor vehicle. Parking Structure A building or other structure designed for parking automobiles in tiers or floors above or partly above the surface of the ground and above each other, or below or partly below the surface of the ground. Paved The preparation and surfacing of a ground area with asphalt, concrete or other material as approved by and in a manner satisfactory to the City Engineer. 16 Permitted Use A use or development to which an owner is entitled to receive as a right, a Development Permit (which may be combined with a Building Permit) provided the use or development conforms to the applicable development standards and regulations contained in this Bylaw. Personal Service Establishments A business where the principal use is for personal services and where the retailing of goods, wares, merchandise, or articles is only accessory to the provision of such services. Such uses shall only include the following: (a) barber and beauty shops; (b) tailor shops; (c) laundry or dry cleaning shops; (d) shoe repair shops; (e) therapeutic massage or tanning shops; and shall not include any use specifically defined or mentioned in this Bylaw. Photography Studio A place used for portrait or commercial photography, including the developing and processing of film, and the repair or maintenance of photographic equipment. Place of Worship A place used for worship and related religious, philanthropic or social activities and includes accessory rectories, manses, meeting rooms and other buildings. Typical uses include churches, chapels, mosques, temples, synagogues and parish halls. Popup Retail Short-term sales spaces that are limited to a maximum of 56m2 in gross area, and where business occupants may not operate within the pop-up retail space for more than 20 consecutive days. These spaces may be indoor or outdoor spaces. (Bylaw No. 5713, 2024) Private Club A development used for the meeting, social or recreational activities of a non-profit philanthropic, social service, athletic, business or fraternal organization, without on-site residences. Private clubs may include rooms for eating, drinking and assembly where authorized by the SLGA. Prohibited Use An existing use or development which is not specifically listed in this Bylaw as a permitted or discretionary use or development shall be considered as a prohibited use subject to Section 3.5.1. Public Utility shall include the following types: - Linear Public Utilities for Distribution or Collection - Linear public or private utilities including, but not limited to, roads, communication, rail, power and natural gas lines, sewer or water lines and similar uses which serve direct consumers; or - Major Service or Transmission Utilities - Potentially conflicting public or private utilities including, but not limited to, airports, microwave or communication towers, water reservoirs, sewage lagoons, solid waste and chemical can disposal facilities, 17 gas compressors, electrical transformer stations, and similar service or transmission utility uses which are potentially conflicting with residential or other uses. R Rear Yard Coverage In any Residential district, the combined area of all accessory buildings or accessory structures in the rear yard shall be measured on the portion of the site from the closest point on the main wall facing the rear yard of the site to the rear site line. Recycling Collection Depot A building or structure used for collection and temporary storage of recyclable household material such as bottles, cans, plastic containers and paper, but shall not include: (a) processing of recyclable material other than compaction; (b) collection and storage of paints, oil, solvents or other hazardous material; and (c) outdoor compaction or storage. Residential Care Home A licensed or approved group care home governed by Provincial Regulations that provides, in a residential setting, 24 hour care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. Type 1 - a Residential Care Home in which the number of residents excluding staff does not exceed five persons. Type 2 - a Residential Care Home in which the number of residents excluding staff does not exceed 15 persons. Type 3 -a residential care home in which the number of residents, excluding staff, is more than 15. Restaurant A building where food and non-alcoholic beverages are offered for sale to the public for consumption at tables or counters either inside or outside the building on the site. As an accessory use, take-out service of food and beverages for off-site consumption may be provided. Retail Store A building where goods, wares, merchandise, substances or articles are offered or kept for sale at retail, including storage of limited quantities of the above items, sufficient only to service the store. S Satellite Dish A parabolic antenna used for the reception or transmission of satellite-transmitted television and radio waves. School, Private A facility which meets the Provincial requirements for elementary, secondary, or higher education, and which does not secure the majority of its funding from taxation or any governmental agency, and may include vocational and commercial schools, music or dance schools and similar schools. 18 School, Public A facility operated by a Public or Separate School Board, which meets Provincial requirements for elementary or secondary education, and which secures the majority of its funding from taxation. Secondary Suite A separate area located in a one unit dwelling, which shall include sleeping, cooking and sanitary facilities and shall comply with the requirements of Section 4.23. (Bylaw No. 5641, 2021) Service Station A building or clearly defined space on a site for the sale of lubricating oils, propane and automobile accessories and servicing of vehicles. (Bylaw No. 5446, 2013) Shipping Container A large shipping container, usually constructed of metal which was used originally for shipping goods, chattels or equipment by air, rail, sea or road, but does not include Pop-up Retail or Parking Patios. (Bylaw No. 5713, 2024) Shopping Centre, Major Any group of ten or more permitted or discretionary uses, designed, developed and managed as a unit by a single owner or tenant, or group of owners or tenants. Shopping Centre, Minor Any group of less than ten permitted or discretionary uses, designed, developed and managed as a unit by a single owner or tenant, or group of owners or tenants. Sight Triangles See Corner Visibility Triangles. Sign Any writing (including letters or words), pictorial representation (including illustrations or decoration), emblem (including a device, symbol or trademark), flag (including a banner or pennant, but excluding national, provincial or city flags), or any other figure of similar character which; (a) is a structure or any part thereof, or is attached to, painted on, or in any matter represented on a building; (b) is used to announce, direct attention to, or advertise; and (c) is visible from outside the building. Site A parcel or tract of land with fixed boundaries that is registered with the Information Services Corporation, and considered as a unit devoted to a certain use, or occupied by a building or a group of buildings that are united by a common interest or use, along with the customary accessories and open spaces. Site, Corner A site with at least two adjacent sides abutting upon intersecting streets or other public spaces. 19 Site Coverage The percentage of the site covered by any building or structure measuring 0.6 metres above grade level, exclusive of marquees, canopies, balconies and eaves. (Bylaw No. 5589, 2019) Site Line, Front The boundary that divides the site from the street. In the case of a corner site, the front site line shall mean the boundary separating the narrowest street frontage of the site from the street. In the case of an irregular-shaped site, the minimum allowable frontage shall be measured at the width of the site at the required front yard setback. Site Line, Rear The boundary at the rear of the site and opposite the front site line. Site Line, Side A site boundary other than a front or rear site line. Site, Through A site other than a corner site which has frontages on two streets. The front site line of a through site shall be determined by the Development Officer's selection of the predominant, established building lines on the two streets. Special Care Home (Nursing Home) See Residential Care Home. Street A public thoroughfare, which provides a primary means of access to a site or sites. Street, Arterial A street with controlled access and intended to provide travel to and from collector streets and expressways. Street, Collector A street which intercepts, collects and distributes traffic between local and arterial streets with direct access to abutting properties. Street, Expressway A street which has fully controlled access, intersections that are controlled by traffic signals and for which speed limits have been generally set at 70 kilometres per hour or higher. Street, Local A street intended for the sole purpose of providing frontage for access to sites, carrying traffic with either destination or origin on the street itself, and designed to accommodate an average daily traffic volume of less than 1000 vehicles. Store, Convenience A store: (a) with a floor area not exceeding 325 square metres in gross floor area; (b) offering for sale primarily groceries, but may include a fast food outlet as an accessory use; and (c) providing a convenience service to a specific neighbourhood, or selling largely to the motoring public. 20 Storey That portion of any building which is situated between the top of any floor and the top of the floor next above it; and if there is no floor above it, that portion between the top of such floor and the ceiling above it. Structure Anything constructed or erected, the use of which requires location on the ground or attachment to something located on the ground, but not including curbs, pavement, walks or open air surfaced areas. Suites, Independent Living - see Independent Living Suites. Suites, Secondary- see Secondary Suites. Supportive Housing Housing projects operated by a non-profit or public authority which provide supportive care through social services and structured programing to individuals struggling with mental illness, addiction, or other challenges to stable housing. This may include housing projects which provide temporary accommodation, and 24-hour outreach or supportive services to vulnerable sectors such as youth, women fleeing violence, or those struggling with mental health and addiction issues. (Bylaw No. 5589, 2019) T Temporary Use A Permitted or approved Discretionary Use intended for limited duration which shall be specified. Theatre (Cinema) A place devoted to showing motion pictures or presenting dramatic, dance, musical or other live performances. 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 as will 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. U Urban Farming The practice of cultivating, processing, and distributing food in urban areas which is compatible with surrounding land uses and does not pose a safety hazard or nuisance to other land uses. It includes a diverse mix of food production activities including packaging and sales but does not include large scale industrial farming operations. (Bylaw No. 5713, 2024) Use The utilization of any land or building. Use, Principal The main or primary use of land or a building, as distinguished from a secondary or accessory use. 21 V Vehicle A device in, on or by which a person or thing is or may be transported or drawn on a street or highway and includes special mobile machines and farm equipment but does not include vehicles running only on rails in a Railroad District as shown in this Bylaw. Veterinary Clinic A building for the care and treatment of animals involving out-patient care and medical procedures involving hospitalisation. Type 1 - shall only be permitted to treat small animals such as domestic pets. Type 2 - shall be permitted to treat both large and small animals. W Warehouse A building used for the storage and distribution of wholesaling of goods and materials. Y Yard An unoccupied space, open to the sky on the same site with a building. Yard, Front A yard extending across the full width of the site between the front site line to the closest point of the nearest wall (including an enclosed porch) or any projecting portion of the building, and production thereof excluding permitted obstructions which faces the front site lineof the main building on the site. Yard, Rear A yard extending across the full width of the site and between the rear site line and the closest point of the nearest wall or any projecting portion of the building, and production thereof excluding permitted obstructions which faces the rear site lineof the building. Yard, Required A yard or yards required by this bylaw and within which, unless specifically permitted, no building or structure, or part of a building shall be erected. Yard, Side A yard extending from the front yard to the rear yard and lying between the side site line and the closest point of the nearest wall or any projecting portion of the building, and production thereof excluding permitted obstructions which faces the side site line of the main building. Z Zone A land use district established by Sections 6 to 10 inclusive, of this Bylaw. 22 Zoning and Building Abstract A document which may be issued by the Development Officer pursuant to Section 3.14 of this Bylaw to an applicant outlining the current status of any existing use or building, as to whether it is in conformance with all or part of this Bylaw or is deemed to be a legal non-conforming use or building. Zoning Maps The maps contained in Section 12 of this Bylaw, as may be amended by Council from time to time. SECTION 3 - ADMINISTRATION 3.0 ADMINISTRATION 3.1 Bylaw Transition in relation to other Jurisdictions 3.1.1 More Restrictive Regulation Applies Where a property is affected by any regulations in this Bylaw and by regulations of the Province of Saskatchewan or the Government of Canada, the regulations, which are more restrictive, shall prevail. 3.1.2 Provincial and Federal Statutes Apply Notwithstanding any other provision of this Bylaw, no land shall be developed or used, and no structure erected or maintained in violation of any provincial or federal statute or regulation. Compliance with any of the requirements contained in this Bylaw does not exempt or preclude further compliance with any order, permit, license, permission, approval, easement, covenant, agreement, contract, or similar legal document affecting development. (Bylaw No. 5641, 2021) 3.2 Bylaw Transition in relation to certain existing Uses 3.2.1 Legal Non-Conforming and Prohibited Uses Land uses or Developments which existed prior to the approval of this Bylaw and which were allowed by Zoning Bylaw No 3000 but are not listed as Permitted or Discretionary Uses under this Bylaw, shall be considered Prohibited Uses. Such uses shall be allowed to continue as "legal non-conforming" only in accordance with Sections 88 to 93 inclusive of the Act. Certain other proposed uses or developments may also be listed as Prohibited Uses in any or all Zoning Districts. (Bylaw No. 5589, 2019) 3.2.2 Former Permitted Uses Now Discretionary Land uses or Developments which existed on a site and which were listed as Permitted Uses under Zoning Bylaw No. 3000 but are now listed as Discretionary Uses under this Bylaw, shall be considered as Permitted Uses. However, no alterations or enlargement of the land use or development shall take place without a new Discretionary Use approval. Certain other uses or developments which existed prior to the approval of this Bylaw may be listed as an Existing Discretionary Use by reference to their legal land description in that Zoning District. 23 3.2.3 Existing Sites for One-unit Dwellings Any existing site lawfully existing at the time of the passing of this Bylaw which is in a Zoning District where a one-unit dwelling is a Permitted Use shall be a fully conforming site, regardless of whether it contains a dwelling. 3.2.4 Existing Buildings in Commercial and Industrial Districts Buildings lawfully existing at the time of passing of this Bylaw within any Commercial or Industrial District, shall be limited in terms of changing any front, side and rear yard setback, parking and loading spaces to the regulations of the zoning district in which they are located. 3.2.5 Effect of Metric Conversion No existing use, building or site shall be deemed to be non-conforming to the Bylaw regulations by reason only of the conversion of the measurements in this Bylaw from the Imperial System of measurement to the Metric System of measurement where such non- conformity results solely from the conversion and is reasonably equivalent to the Metric System of measurement. 3.2.6 Existing Non-conforming Sites No existing site shall be deemed to be non-conforming to the Bylaw regulations despite its dimensions or area failing to at least equal the standards prescribed for proposed sites in the zoning district in which it is located. Development proposed on such sites shall still be required to conform to all relevant Bylaw regulations. 3.3 Use of the Holding Symbol "h" Subject to the policies of Section 19.1.4 of the Official Community Plan, the Holding Symbol "h" may be used in conjunction with any zoning district to identify the future use of land. As required by the Act, the zoning regulations for the underlying zoning district shall apply upon the removal of the Holding Symbol "h". 3.4 Overlay Zoning Districts Overlay zoning districts apply additional regulations to specific lands and are indicated on the Zoning Map. These regulations add to the regulations contained in the conventional zoning district applicable to a site. Where the conventional zoning district regulations applicable to a site appear to be in conflict with the overlay zone regulations applicable to a site, the overlay zone regulations shall take precedence. 3.5 Responsibility of the Development Officer Except for Section 11 of this Bylaw, which shall be administered by the City's Building Official, the Development Officer shall administer this Bylaw. The Development Officer shall be the City Planner, the Bylaw Enforcement Officer or any other employee of the City authorized in writing by the Council to act as a Development Officer for the purposes of this Bylaw and the Act. For the purposes of administering and enforcing Section 11, the Building Official shall have the same authority under the Act as a Development Officer. (Bylaw No. 5589, 2019) 24 3.6 Application of the Regulations a. No person shall erect, construct, locate, alter or reconstruct any building or structure, or develop, locate or carry on any use of any land or building, within any district, except as permitted by this Bylaw, and subject to all regulations contained in this Bylaw. b. Nothing in this Bylaw shall be interpreted so as to interfere with the use of land for the construction, maintenance and operation of any public utility, Fire Department, Municipal Transit System, or Municipal, Provincial or Federal Police Service. However, administrative buildings and buildings or uses accessory to those uses which are constructed by the agencies noted in this section shall be designed to be compatible with the properties in the vicinity in terms of height, setbacks, landscaping, parking, loading or flood proofing. c. Where any calculation results in a fractional value: i. any fraction up to one-half shall be disregarded; ii. fractions including and over one-half shall be rounded to the next whole number. (Bylaw No. 5589, 2019) d. Where an easement exists, which is greater in width than a required setback, the width of the easement shall become the minimum setback. (Bylaw No. 5641, 2021) 3.7 Development Permits 3.7.1 Development Permit Required Except as specifically exempted by this Bylaw, no person shall commence a permitted or discretionary use or form of development without having first obtained a development permit and if required, a building permit. 3.7.2 Development Not Requiring a Development Permit A development permit is not required for the following, subject to conformance with all applicable provisions of this Bylaw: a. The construction of a single storey accessory building with a gross floor area of 10m2 or less; b. Subject to Section 4.12, the erection of any fence or gate; c. The development of a temporary building, the sole purpose of which is incidental to the erection, alteration or marketing of a building for which a development permit has been issued and is still valid; d. Maintenance and repairs to buildings provided that such work does not involve structural alterations, an increase in the number of dwelling units, an increase in gross floor area, a change in yard setbacks, or a change in use; e. The erection of satellite dish antennae and solar collectors where their installation does not involve structural alterations to a building; f. Demolition of buildings 10m2 or less; 25 g. Subject to the prior approval in writing by the Development Officer: i. the grading or other earthmoving for preparation of land in accordance with an approved plan of proposed subdivision, and where required, a signed servicing agreement; and ii. the excavation or the removal of vegetation for construction, maintenance or landscaping purposes on a site where a development permit authorising such work has previously been issued; h. The maintenance, repair or installation of public works, services and utilities by the City, except where such activity requires a building permit; and i. Subject to Section 4.13, Garage and Yard Sales. 3.7.3 Concurrent Processing of Development permits, Building Permits, Sign Permits and Business Licenses a. Where multiple approvals are required for a particular development under City Bylaws, an application for a development permit may be processed concurrently with an application for a building permit, sign permit, business license for a home occupation, or a business license required for a new business, business license renewal, or a change in business location, as the case may be. b. In the case of applications for home occupations or other forms of business licenses, the issuance of a business license shall also constitute the issuance of a development permit. The development permit or business license shall take the form of a statement of approval, signed by the Development Officer, and if necessary, also by any other authorised Official of the City. 3.7.4 Plans and Information required for a Development Permit Application Except in the case of applications for a sign permit, a business license or a home occupation, a development permit application shall be accompanied by all relevant information that the Development Officer requires to confirm that City Bylaw requirements are met. Plans must be legible and shall meet a standard that aligns with the scale of the project, at the discretion of the Development Officer. All applications shall be accompanied by a permit fee, as established by City Council in the Planning Fee Bylaw, at the time of application. (Bylaw No. 5641, 2021) 3.7.5 Development Permit Application Process a. Development permit applications shall be submitted to the Development Officer who will issue a development permit for a development that complies with the requirements of this Bylaw, the City's Official Community Plan, the Act, and any other applicable City Bylaws. b. Where an application is made for a development for a discretionary use which has been approved by Council, the Development Officer shall issue a development permit subject to any specified development standards prescribed by Council pursuant to Section 54 of the Act. (Bylaw No. 5438, 2013) 26 c. Every decision of the Development Officer with respect to an application for a development permit shall be in writing and a copy of the decision shall be sent to the applicant. d. The Development Officer may revoke a development permit where: i. the development permit has been issued in error; ii. an approved development is not being developed or operated in accordance with the provisions of this Bylaw, or in accordance with the standards and conditions specified in the development permit; iii. a development is subject to an agreement which has been cancelled by Council pursuant to Sections 79 or 82 of the Act. e. The Development Officer shall give the reasons for denying or revoking a development permit. f. Where a development permit has been issued and the development is not being undertaken in accordance with this Bylaw, the Act, or other relevant City Bylaws, and in the case of a discretionary use, in accordance with the development standards specified by Council, Council may direct the Development Officer to cancel or suspend the development permit, or the Development Officer may follow the procedure outlined in Section 242 of the Act. A suspended or cancelled development permit shall be reissued or reinstated upon compliance with this Bylaw, the Act and any other relevant Bylaw or the development standards imposed by Council. (Bylaw No. 5641, 2021) 3.7.6 Validity of a Development Permit A development permit shall be valid for a period consistent with the building permit, sign permit, or business license to which it applies. If the development authorized by a development permit is not commenced within six months from the date of issue, the permit expires. Prior to the expiry of the permit, if the recipient of a development permit submits a request in writing to the Development Officer for a time extension to begin the development, the Development Officer may extend the permit for an additional six months. 3.7.7 Development Permit Application Fees The development permit application fee shall be as required in the Planning Fee Schedule which may be adopted and altered by a separate Bylaw of Council. (Bylaw No. 5589, 2019) 3.8 Development Appeals 3.8.1 Development Appeals Board a. A Development Appeals Board for the City of Moose Jaw is hereby established and continued. b. The Development Appeals Board shall consist of not less than three persons who shall be appointed, by City Council, in accordance with Section 217 of the Act. 27 c. Appeals may be taken to the Development Appeals Board in accordance with Section 222 of the Act. d. Appeals may be taken from a decision of the Development Appeals Board to the Saskatchewan Municipal Board in accordance with Section 229 of the Act. 3.8.2 Right of Appeal a. Where an application for a permitted use has been denied, the applicant shall be advised of the right of appeal to the Development Appeals Board. b. Where Council has approved an application for a discretionary use, with prescribed development standards pursuant to this Bylaw, the applicant shall be advised that any development standard considered to be excessive may be appealed to the Development Appeals Board. c. The Development Officer shall make available to all interested persons copies of the provisions of the Act respecting decisions of the Development Officer on the right of appeal. 3.9 Minor Variances a. Subject to Section 60 of the Act, the Development Officer may vary the requirements of this Bylaw subject to the following conditions: (Bylaw No. 5641, 2021) i. A minor variance may be granted for a variation only for: a. the minimum required distance of a building from the site line; and b. the minimum required distance of a building to any other building on the site; ii. the maximum amount of a minor variance shall not exceed a 10% variation of the requirements of this Bylaw; iii. the development shall conform to this Bylaw with respect to the use of land; iv. the relaxation of this Bylaw shall not injuriously affect neighbouring properties; v. no minor variance shall be granted: a. in connection with an agreement entered into pursuant to Section 72 of the Act respecting the rezoning of land; or b. if it would be inconsistent with any provincial land use policy or statements of provincial interest. b. An application for a minor variance shall be in a form prescribed by the Development Officer and shall include a fee which shall be set from time to time by a Bylaw of Council. c. On receipt of an application for a minor variance, the Development Officer may: i. approve the minor variance; ii. approve the minor variance and impose terms and conditions on the approval; or iii refuse the minor variance. 28 d. Where the Development Officer imposes terms and conditions on an approval pursuant to Subsection (c), the terms and conditions shall be consistent with the general development standards in this Bylaw. e. 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. f. 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. g. The written notice required pursuant to Subsection (f) shall: i. contain a summary of the application for minor variance; ii. provide a reason for and an effective date of decision; iii. indicate that an adjoining assessed owner may within 20 days, lodge a written objection with the Development Officer; and iv. where there is an objection as described in subsection (iii), advise that the applicant will be notified of the right of appeal to the Development Appeals Board. h. The written notice required pursuant to subsection (f) shall be delivered: i. by registered mail; or ii. by personal service. i. A decision approving a minor variance, with or without terms and conditions, does not take effect: i. in the case of a notice sent by registered mail, until 23 days from the date the notice was mailed; ii. in the case of a notice that is delivered by personal service, until 20 days from the date the notice was served. j. If an assessed owner of property having a common boundary with the applicant's land that is subject of the application objects, in writing, to the Development Officer respecting the approval of the minor variance within the time periods prescribed in subsection (i), the approval is deemed to be revoked and the Development Officer shall notify the applicant in writing: i. of the revocation of the approval; and ii. of the applicant's right-to-appeal the revocation to the Development Appeals Board within 30-days of receiving the notice. k. 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. 3.9.1 Established Building Lines on Front Site Lines At the discretion of the Development Officer: 29 On any front site line in any Zoning District, where a building line has been established along the front site line by existing buildings, a proposed new building may be constructed at either the established building line or the setbacks required in the Zoning District, provided that any accessory or attached garage for the building which has vehicle entrance doors to the street on which the building line exists shall be at least 1.5 m from that street. (Bylaw No. 5589, 2019) 3.10 Non-Conforming Uses and Buildings a. Any use of land or any building lawfully existing at the time of passing of this Bylaw that is rendered non-conforming by the enactment of this Bylaw or any subsequent amendments, may be continued, transferred, or sold. Any change of use shall conform to this Bylaw. b. No enlargements, additions, or reconstruction of a non-conforming use or building shall be undertaken, except in conformance with Sections 88 to 93 of the Act. (Bylaw No. 5589, 2019) c. Beyond the provision of accessible municipal records, the burden of establishing that a use or building was lawfully established and remains as a legal non-conforming use or building shall be upon the owner of the use or building. d. No lawfully existing use or building shall be deemed to be non-conforming as a result of the construction or widening of a registered road or rail right-of-way. 3.11 Zoning and Building Abstract a. The Development Officer may issue a Zoning and Building Abstract for any use or building, which is in conformance with this Bylaw or is deemed to be a legal non- conforming use or building. b. The applicant for a Zoning and Building Abstract shall provide the Development Officer with any information that may be required, including a Real Property Report that is current, legible and includes all developments on the site. A Real Property Report shall be prepared by a registered Saskatchewan Land Surveyor. c. The application fee for a Zoning and Building Abstract shall be set from time to time by a Bylaw of Council. 3.12 Discretionary Use Applications 3.12.1 Discretionary Use Application Fees An applicant seeking a discretionary use approval or renewal of a previously approved discretionary use shall pay a fee which shall be set from time to time by a Bylaw of Council. 3.12.2 Discretionary Use Application Process a. The following procedures shall apply to discretionary use applications: i. Applications shall be filed with the Development Officer in the prescribed form and shall include the following: a. a detailed explanation of the purpose of the discretionary use; 30 b. a site plan drawn to scale; c. any other information as may be required by the Development Officer for reviewing the application; d. payment of the required fee. ii. The application will be examined by the Development Officer for conformance with the Official Community Plan, this Bylaw and any other applicable City Bylaws. iii. The Development Officer may request comments from other civic departments and other government agencies where applicable. iv. The Development Officer will prepare a report for City Council concerning the application. The report may contain recommendations, including recommendations that development standards be applied in accordance with Section 57 of the Act. (Bylaw No. 5602, 2020) v. The City Clerk will set a date for the meeting at which the application will be considered by Council and will give notice in accordance with the City's Planning Public Notice Policy. (Bylaw No. 5641, 2021) vi. Council shall consider the application together with the report of the Development Officer, and any written or verbal submissions received by Council. (Bylaw No. 5602, 2020) vii. After considering an application for a discretionary use or discretionary form of development, Council may by resolution: a. reject the application; or b. approve the application, with or without development standards, where the facts presented establish that the proposed use or form of development: i. will not be detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity or injurious to property, improvements or potential development in the vicinity; and ii. complies with the applicable provisions of this Bylaw and will not be contrary to the Official Community Plan. viii. The City Clerk shall notify the applicant of City Council's decision by ordinary mail addressed to the applicant at the address shown on the application form. 3.12.3 Discretionary Use Evaluation Criteria a. Discretionary uses, discretionary forms of development, and associated accessory uses shall conform to the development standards and applicable provisions of the Zoning district in which they are located, unless such provisions are altered by Council as a 31 development standard for the specific situation, pursuant to the following Subsection 3.15.4. b. The following objectives shall be considered in the review of discretionary use applications: i. the proposal must be in conformance with all relevant sections of the Official Community Plan as well as with any recommendations contained in a detailed land use, servicing or renewal study; ii. there must be a demand for the proposed use in the general area, and a limited supply of land currently available in the general area capable of accommodating the proposed use; iii. the proposal must be capable of being economically serviced by community infrastructure including roadways and public transit systems, water and sewer services, solid waste disposal, parks, schools, and other utilities and community facilities, where such services etc. are available; and iv. the proposal must not be detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity or injurious to property, improvements or previously approved development in the vicinity. 3.12.4 Development Standards for Discretionary Use Approvals a. In approving a discretionary use application, Council may prescribe specific development standards including but not limited to, parking, provision of open space, and recreation amenities etc., with respect to that use or form of development, provided those standards conform to the intent of this Bylaw and Section 57 of the Act. b. Council may approve discretionary use applications for a limited period of time where it is considered important to monitor and re-evaluate the proposal and its conformance with the objectives of this Bylaw. c. Council's approval of a discretionary use application is valid for a period of one year from the date of approval. If the proposed use or proposed form of development has not commenced within that time, and prior to the expiry date, the Developer applies to the Development Officer for a time extension, the Development Officer may grant an extension of no more than one additional year from the original approval date. The Development Officer shall advise the applicant and Council when a prior approval is no longer valid. d. If an approved discretionary use or form of development ceases to operate for a period of one year or more, the discretionary use approval shall no longer be valid. The Development Officer shall advise the Developer and Council at least two months before the date on which a prior approval will no longer be valid. An expired approval cannot be re-activated without the issuance of a new Discretionary use Permit by Council. 3.13 Concept Plan Applications Subject to the Policies of Section 4.2.1c) of the OCP, all the provisions of Section 3.15 (Discretionary Use Applications) shall apply to the review of new proposals for Concept Plans, except for Subsections 3.15.2a iv, v and vii of this Bylaw. 32 3.14 Amending the Zoning Bylaw 3.14.1 Zoning Bylaw Amendment Application Fees An applicant seeking to amend the Zoning Bylaw shall pay a fee which shall be set from time to time by a separate Bylaw of Council. 3.14.2 Public Notice Requirements Public notice shall be given in accordance with the City's Planning Public Notice Policy. (Bylaw No. 5641, 2021) 3.15 Zoning Bylaw Enforcement Violations of this Bylaw will be enforced under the provisions of the Act. SECTION 4 - GENERAL REGULATIONS 4.0 GENERAL REGULATIONS 4.1 Access to Sites a. No development permit shall be approved on any site without legal and suitable physical roadway access. b. The location and design of all access and curb crossings to a site must be approved by the Engineering Department prior to a development permit being issued. 4.2 Accessory Buildings Subject to all other requirements of this Bylaw, an accessory building is permitted in any district only after a development permit has been issued for the principal use. 4.2.1 Accessory Uses a. Where a structure in the rear yard of a site is attached to the principal building by a roof, or is detached or separated from the principal building by less than 1m, it shall be considered as a part of the principal building, and such structure shall be subject to the same regulations, including yard setback requirements, as the principal building. b. In all residential districts, no garage, carport or similar accessory structure or any such combination of same shall have a combined floor area greater than the total floor area of the principal dwelling or 83.61m2 or 35% of the rear yard area of the specific site (whichever is less), except in the R5 and R7 Acreage Residential District, where the combined floor area shall not exceed 150m2. In calculating the main floor area of a principal building, the area of an attached garage shall be excluded. c. Except for the R5 and R7 Residential Districts, the maximum height of any garage, carport or similar accessory structure within all Residential districts shall be 4.5m (from grade to peak). In cases where the dwelling on the site is greater than 6m in height, the maximum allowable height of such accessory structures shall be 5m (from grade to peak). 33 d. Notwithstanding Section (c), the maximum building height of any garage, carport, or similar structure within any R5 or R7 Residential Districts shall be 5.5m (from grade to peak). e. No garage, carport, or similar accessory structure or combination of such accessory structure shall occupy greater than thirty-five percent (35%) of the total rear yard within any Residential district. f. No garage, carport, or similar accessory structure shall be more than one storey in height above grade within any district except for R5 and R7. A second storey shall be determined by the existence of a second-floor truss system. The use of attic space in any accessory building shall be limited to storage only. (Bylaw No. 5589, 2019) g. Where a garage or carport has an entrance or exit door for a motor vehicle situated parallel to a rear site or a side site line, the building shall be located at least 1.5m from that rear or side site line. h. Fabric covered accessory structures in any District shall be constructed in compliance with the requirements of the applicable Building and Fire Codes. 4.2.2 Shipping Containers a. Shipping containers shall be considered as an accessory building, structure or use in this bylaw and therefore shall comply with all provisions of Accessory Buildings, Structures and Uses and shall be classified into one of two categories: i. Temporary (short term) storage: containers placed on site for a specified and limited period of time (less than 6 months) and used for short term storage typically associated with construction activities which are being undertaken on a site (i.e. storage of tools, construction materials). Containers are to be removed from the site when construction is complete or the permit expires, whichever comes first; and ii. Long Term Storage: containers placed on a site for long term storage use, and typically associated with a business on the site requiring storage space for its product. b. The application for permits of all shipping containers shall be as prescribed by the Development Officer, and no shipping container shall be used, placed or stored unless as approved by the Development Officer. c. Notwithstanding subsection 4.2.2.a, shipping containers may be located as a standalone use or building in the Railroad District. d. Shipping containers are prohibited for placement in any Residential Zoned District, (except for temporary storage) unless the site has been approved for a non- residential use/occupancy. e. Shipping containers are prohibited for placement in any C1 or C2HER Zoned District, (except for temporary storage). 34 f. Shipping containers shall only be used for storage of product directly related to the primary use of the building on the site (storage limited to what is sold, stored, or produced on site). g. Shipping containers may not be leased or used by an outside party other than the property owner or business tenant located on the site. h. Shipping containers shall be prohibited for use for human habitation. i. Shipping containers shall not be stacked on top of one another. j. Shipping containers shall only be placed in a rear yard or in a side yard but may not project beyond the front building line of the principal building. k. Shipping containers must comply with any minimum rear yard and side yard setbacks as required. (Bylaw No. 5553, 2018) 4.3 Repealed by Bylaw No. 5641. 4.4 Bed and Breakfast Homes a. A bed and breakfast home may be located in any dwelling except townhouses or multiple unit dwellings. No exterior alterations shall be undertaken which would be inconsistent with the residential character of the building or adjoining properties. b. A maximum of 4 guest bedrooms shall be allowed in a bed and breakfast home. c. Only one of the required parking spaces shall be permitted in a required front yard. d. Discretionary Use procedures provided in Section 3.15 of this Bylaw shall apply to the review and approval of Bed and Breakfast Homes. 4.5 Building Height a. The height limitations of this Bylaw shall not apply to the following: i. Scenery lofts not exceeding 3m in height in theatres; ii. Chimneys; iii. Church spires, belfries and cupolas; iv. Monuments; v. Mechanical penthouses and necessary mechanical appurtenances, provided they are erected only to such heights as is necessary, and provided they do not cover more than 10% of the gross roof area upon which they are located. b. In districts where the limitation on the height of buildings is less than 23m, public buildings, hospitals and schools may be erected to a height not exceeding 23m. If such public buildings etc. are to be located in a residential district, a greater side yard must be provided so that each required side yard which directly adjoins a dwelling without an intervening street or lane shall be 6m wide plus one additional metre for each metre by which the proposed building exceeds the height limit of the district. 35 4.6 Carnivals and Transient Sales Events a. Carnivals and outdoor amusement rides may be established for periods of up to 7 days in any 6-month period, provided they conform to the use provisions and to the yard and other requirements of the zoning district. The area devoted to required landscaping or required parking for the principal use may be occupied by carnivals or outdoor amusement rides. b. Transient sales events associated with tents, trucks or other means of product storage may be established for periods of up to 10 days provided they conform to the use provisions and to the yard and other requirements of the zoning district. The area devoted to required landscaping may not be occupied by transient sales events. Only 4 of the required parking spaces in the area for the principal use may be occupied by such events. 4.7 Communication Antenna Support Structures Communication support structures shall be a discretionary use in all districts and shall be reviewed in accordance with Section 3.12 of this Bylaw. a. The regulations of the Department of Communications (Canada) for the construction or modification of communication antenna support structures, apply for all communication antenna support structures. b. Support structures mounted on buildings shall be considered a part of the principal structure and be subject to the height regulations provided for the building and district. c. Ground Mounted support structures shall be located on the site: i. to provide a minimum distance from all property lines equal to 20% of the height of the structure; and ii. to ensure that the distance between the base of the structure and the peripheral guy wire anchors and the set back from any other on-site towers and supporting structures is large enough so that one tower not strike another tower or supporting structure if the structure fails. d. Ground mounted support structures shall not be permitted in the front or side yard setback area. e. All guy wire anchors shall be: i. located entirely within the boundaries of the property and in no case less than the front yard setback requirements for that district; and ii. located so as to provide a minimum of 3m horizontal setback from any overhead utility line. f. Where communication antenna support structures are the principal uses on a site, a chain link fence of not less than 2.5m high shall be provided around the structure and all access shall be provided through a locked gate. g. A development permit is required for all communication support structures. (Bylaw No. 5438, 2013) 4.8 Custodial Care Facilities and Residential Care Homes (Types 1, 2 and 3) a. Custodial Care Facilities and Residential Care Homes (as defined in Section 2) may be approved as shown in Section 6. 36 b. In any residential district, no exterior alterations shall be undertaken to a dwelling or former dwelling, which would be inconsistent with the residential character of the building or property. c. Surface parking and loading spaces shall be located at least 2.0 metres from any bedroom window and at least 1.0 m from all other windows, doors and balconies. d. Custodial Care Facilities and Residential Care Homes for ambulatory occupants shall meet the standard and regulations of the National Building Code Section 3.1.2.5. and 9.10.2.2. e. In addition to the development standards of the zoning district, Custodial Care Facilities and Residential Care Homes that are listed as discretionary uses shall be reviewed in accordance with Section 3.15 of this Bylaw. 4.9 Day Care Centres and Pre-Schools a. Day Care Centres and Pre-Schools may be approved as shown in Section 6. b. In any residential district, no exterior alterations shall be undertaken to a dwelling or former dwelling, which would be inconsistent with the residential character of the building or property. c. Day Care Centres or Pre-Schools which are located in residential district shall provide at least 3.25m2 of fenced on-site outdoor play space for each child present in the facility at any one time. d. In addition to the development standards contained within the district, Discretionary Use procedures provided in Section 3.15 of this Bylaw shall apply to the review and approval of Day Care Centres and Pre-Schools. 4.10 Excavation, Stripping and Grading a. A development permit is required for the excavation of land, except for any such work being done by the City. b. For the purpose of this section, excavation shall not include: i. excavation for construction or building purposes associated with a valid development permit or a valid certificate of approval for subdivision; ii. the excavation or the removal of vegetation for construction, maintenance or landscaping purposes on a site where a development permit authorizing such work has previously been issued. c. Excavation shall include, but is not limited to, sand and gravel extraction, top soil stripping, the grading of land for drainage purposes, the grading of land and the clearing of vegetation from land without a valid development permit or valid certificate of approval for subdivision. d. A person wishing to excavate, strip or grade land shall provide the following information in their application for a development permit: i. The location and area of the site on which the excavation, stripping or grading is to take place; and the existing land use and vegetation, including tree surveys where deemed appropriate by the Development Officer; ii. The amount and type of vegetation, soil or other material to be removed or relocated, and the condition in which the land is to be left when the excavation is complete. 37 e. Pursuant to provisions of Section 11.0 of the Official Community Plan, the Development Officer may issue a development permit when satisfied that the excavation is necessary for the interim use, development or maintenance of the subject land, and that all underground utilities or pipelines have been located and staked. The Development Officer may also issue a development permit for an excavation proposed prior to approval of a final concept plan, subdivision, or development permit authorising a new development for the site, when satisfied that the excavation is appropriate considering the conservation of important natural areas and vegetation, the maintenance of effective drainage patterns, and the health and safety of persons in the area. 4.11 Family Day Care Homes a. A Family Day Care Home may be located in a one or two-unit dwelling, a townhouse unit, or a Mobile, Modular or Ready-to-Move Home. b. A Family Day Care Home shall provide at least 3.25m2 of fenced on-site outdoor play space for each child present in the facility at any one time. c. The number of children under the age of 13 years including the children who are resident in the dwelling, under care or supervision in a Family Day Care shall not exceed eight. 4.12 Fences or walls in Required Yard Setbacks Fences or walls may be erected, placed, or maintained in any required yard only in conformance with the following regulations: 4.12.1 Residential Districts a. A maximum height of 2.0m in any required yard except in required front yards. b. A maximum height of 1m is allowed in any required front yard. c. In the case of a corner site, no wall or fence shall be placed so as to create a visual obstruction in a corner visibility triangle, as described in Bylaw No. 4760, The Boulevard Bylaw. (Bylaw No. 5589, 2019) d. In any R district, a 2.5m high wall or fence may be permitted along a side or rear property line that abuts an expressway, freeway or railway right-of-way or abuts a lane or parcel of land intended as a buffer strip adjacent to an expressway, freeway, provincial highway or railway right-of-way. e. For the purposes of this section, "grade" shall mean the approved or natural ground elevation of the lot immediately inside a fence or retaining wall; and "height" shall mean the average height above grade along a fence, wall line, including the height of any retaining wall which extends above grade. f. The addition of fill material to property in order to comply with the height restrictions of section f) and g) requires the written approval of the Development Officer. g. A property owner on the lower side of a retaining wall or embankment may construct a privacy fence to the same fence height as on the higher side. (Bylaw No. 5496, 2015) 38 4.12.2 Other, Primarily Non - Residential Districts a. A maximum height of 2.5m is allowed except that, for existing residential uses, Section 4.12.1 applies. b. In the case of a corner site, no wall, fence, hedge or shrub shall be placed so as to create a visual obstruction in a corner visibility triangle. 4.13 Garage and Yard Sales a. Garage or Yard sales are permitted on any residential site, provided the sale is conducted by a resident of the dwelling on the subject site, or by a non-profit group associated with a place of worship, public school, community association, or other similar group or organization. b. No more than four sales will be permitted conducted from one site in one calendar year, and no sale shall last more than three consecutive days. c. These sales do not require a development permit. 4.14 Home Occupations 4.14.1 All uses will be permitted as a Home Occupation provided: a. They are not considered a prohibited use as described in subsection 2; b. They meet the development standards for Home Occupations contained in subsection (3); c. They meet the approval requirements of all other governmental agencies; and d. They meet the purpose and intent of Home Occupations as defined in the Official Community Plan. 4.14.2 Without limiting the authority of the Development Officer to deny applications for other types of Home Occupations which do not meet the requirements of the Bylaw or any other City of Moose Jaw Bylaw, or would be more appropriately located in industrial or commercial zoning districts, the following uses are prohibited as Home Occupations, whether or not applications for such uses would otherwise comply with the applicable standards of this Bylaws: a. tattoo or body modification services; b. laundry services; c. veterinary services, boarding or care of animals; (Bylaw No. 5383, 2011) d. photographic or video studio involving adult or sexually oriented subject material; e. sharpening services, printing, screen printing, dying services, food packaging, upholstery, engraving and embroidery services that require the use of commercial or industrial equipment; f. hotels and hospitals; g. the painting, repairing, refitting, cleaning, detailing, refurbishing, storage, salvaging, selling or renting of motor vehicles, boats, trailers, engines or machinery; 39 h. industrial uses, including but not limited to welding, metal works, salvaging, recycling, warehousing, cabinet making or furniture making; i. businesses utilizing large power tools and machinery or requiring external venting, vacuums, blowers or exhaust ports; j. any business utilizing radio transmission equipment; k. on-site sale of any products, goods or merchandise; l. restaurants, take-out food services, and drinking establishments; m. the sale, storage or service of firearms, fireworks or ammunition; and n. any use that creates noise, vibration, smoke, dust, odour, air pollution, heat, glare, bright light, hazardous or unacceptable waste, electrical, television or radio interference detectable by sensory perception or by scientific instruments, at or beyond the boundaries of the building, or beyond the unit walls within a multiple unit dwelling containing the Home Occupation. 4.14.3 The following development standards shall apply to all Home Occupations: a. No more than one non-resident person shall be employed in relation to Home Occupations on any one site; b. Home Occupations shall be conducted entirely indoors, and no more than 20% of the gross floor area of the dwelling, including the area of the basement and any attached garage, up to a maximum of 40m2, may be occupied by a Home Occupation; c. An attached garage or detached accessory building may be occupied by Home Occupations, provided that the total area devoted to home-based businesses does not exceed 40m2 on the site, and that no required parking spaces associated with the principal use are occupied by Home Occupations; d. There shall be no exterior storage on the site in relation to the home-based business, and no exterior alterations shall be permitted that are not consistent with the residential character of the building and property; e. One paved off-street parking space shall be required for a non-resident employee and at least one off-street parking space shall be required for the principal dwelling. Required parking may be located in a required front yard. Tandem parking spaces may be permitted. Additional off-street parking spaces may be required, where in the opinion of the Development Officer, due to the nature of the business or the site, the provision of parking is necessary to maintain the residential character of the area. The siting and screening of all required parking spaces shall be undertaken to the satisfaction of the Development Officer; f. No more than one business related vehicle with a gross vehicle weight of no more than 8,000 kg and a total length of no more than 6.0 metres may be stored on or in the vicinity of the site; g. Regardless of the number of Home Occupations that may be located on any one site, a total of no more than 8 client or business-related visits per day and no more 40 than 40 client or business-related visits per week shall be made to Home Occupations on any one site; h. No deliveries of merchandise, goods or equipment shall be made to the businesses by a vehicle with a gross vehicle weight of more than 8,000 kg, or by a vehicle with a total length of more than 6.0 metres; i. A total of no more than 2.0 cubic metres of storage may be permitted within a dwelling on any one site, and a total of no more than 4.0 cubic metres of storage may be permitted within an attached or detached accessory building in relation to Home Occupations. No storage of hazardous, explosive or flammable materials shall be permitted in relation to a Home Occupation; j. An approved home-based business may serve as the administrative headquarters for up to two associates or partners who may be permitted to work from their own dwelling provided they obtain separate home based business approval, and that they are present at the administrative headquarters no more than two hours in any one week period; k. With the exception of personal business cards or stationary, advertising which carries the address of the premises used for the home occupation is strictly prohibited; and (Bylaw No. 5377, 2011) l. The dwelling that the Home Occupation application is for must be the primary residence of the applicant. (Bylaw No. 5589, 2019) 4.15 Independent Living Suite a. Independent Living Suites may be permitted only on a site containing a one-unit dwelling by adding a Mobile or Modular Unit as a separate dwelling unit from the existing dwelling in all residential districts except R6 (Mobile Home District). b. Independent Living Suites shall be allowed for the benefit of an infirm immediate family member and only for the time period the family member needs it. c. A Suite shall be removed within 30 days once the infirm family member no longer needs it. d. The linear size of a Suite shall be no larger than 3.5m by 7.5m or 28m2 in total area. Suites shall be a single story, pre-manufactured self-contained unit, bearing either the CSA standard label A277 or Z240. The Suite shall be subject to conditions of this Bylaw and shall meet the regulations of the Provincial Health Act and The National Building code. e. On site construction of Independent Living Suites is prohibited. f. Suites will not be included in the calculation of the total floor area for detached accessory buildings. g. Sanitary sewer and potable water utilities for the Suite shall be connected to the principal residence. h. Suites shall only be allowed in a rear yard and shall be located at least 1.2 m from the side and rear site lines. 41 i. Suites shall be of a similar design and exterior finish to that of the existing one-unit dwelling on the site. 4.16 Junk, Salvage, Auto Wrecking Yards a. Notwithstanding Section 4.12, all Junk, Salvage and Auto Wrecking Yards shall be enclosed by an opaque or solid perimeter fence at minimum of 2.5m in height, but not more than 4.0m in height. The perimeter fence shall not be located in the required front yard. The required front yard shall be used for no other purpose than landscaping, necessary access driveways and customer parking. b. Vehicles shall be stacked no more than two high. c. Any other materials and vehicles stored on the site shall not exceed 80% of the height of the perimeter fence. d. All materials or vehicles connected to the operation of the business shall be stored within the confines of the perimeter fence. 4.17 The Keeping of Domestic Animals a. The keeping of domestic animals as pets is permitted in all districts, subject to relevant bylaws and legislation governing noise and public health; however, breeding kennels and boarding kennels are prohibited in all commercial districts and most residential districts (except in the R5 and R7 Residential Districts). b. A kennel enclosure for domestic animals shall be permitted as an accessory use in any district provided that only one kennel enclosure is permitted on any one site, and no part of the kennel enclosure shall: i. be situated less than 1m from a side property line; ii. be situated less than 1m from a rear property line; and iii. be situated less than 12m from a front property line. 4.18 Mobile Home Parks In addition to the development standards contained within this Section and the City of Moose Jaw Building Bylaw, Discretionary Use procedures provided in Section 3.15 of this Bylaw shall apply to the review and approval of Mobile Home Park applications. a. A development permit may be issued in conformance with Section 3.10.5 of this Bylaw. The applicant shall provide the Development Officer with drawings of the mobile home park that have been approved by an Architect or Engineer that is licensed to practice within the Province of Saskatchewan. b. The following accessory buildings and uses shall be permitted: i. an administration office for the mobile home park; ii. one dwelling unit for the owner or operator; iii. recreational buildings and uses servicing only the park's residents; iv. laundry facilities for the use of the residents; v. other service and storage buildings accessory to the operation of the park. 42 c. In Mobile Home Parks, only 1 accessory building shall be permitted within each mobile home site, such accessory building shall not exceed 30m2. d. Each site within a mobile home park shall: i Access an internal road and have a driveway with a minimum width of 4.5m; ii. Be clearly identified with permanent address; iii. Have a minimum site area of 375m2 with a minimum width of 12m; (Bylaw No. 5377, 2011) iv Site requirements for a mobile home space are: - A minimum of 1.5m side yard from any adjacent mobile home space; - A minimum of 3m rear or side yard from the mobile home park boundary; - A minimum of 3m front yard from any internal road; and - A minimum of 15m from any mobile home space or permanent park accessory structure located on the opposite side of an internal road. For existing Mobile Home Parks, new structures shall conform to the site requirements at the discretion of the Development Officer. It is at the discretion of the Development Officer to permit site requirements that align with the existing Mobile Home Park standards. (Bylaw No. 5589, 2019) e. Mobile home parks shall provide a minimum of 10% of the total area, in a suitable location for the recreational use and the enjoyment of the park residents. 4.19 Number of buildings on a Site a. Subject to subsection (b) no more than one principal building shall be located on any site. b. Subsection (a) shall not apply to a site containing dwelling groups, shopping centres, industrial complexes, hospital and medical facilities, parks and educational institutions. 4.20 Outdoor Storage a. In all districts, the storage of materials shall not be permitted in the required front yard of any site. (Bylaw No. 5589, 2019) b. Automobile dealers, farm implement dealers etc. shall be permitted to store and display their vehicles in the required front yard. c. The regulations for outdoor storage in residential districts are as follows: i. No side or front yard shall be used for the storage or collection of goods or other forms of materials; and ii. No yard or portion thereof shall be used for the storage of commercial, industrial, farm or similar types of machinery. d. In any District, the outdoor storage of unsightly materials (raw materials, finished or partially finished products, fuel, salvage materials, junk or waste, etc.) on a site shall be concealed from sight from adjacent sites, streets or lands by a fence or wall. The fence or wall shall be of appropriate design, and sufficient dimension and position so that such 43 materials are not visible from any point 1.5 metres or less above grade on any adjacent site, street or land. (Bylaw No. 5641, 2021) e. Where a City street is abutting a residential property with four (4) residential units or less, any vehicle parked in a front yard shall be located on a surfaced parking area, consisting of gravel, asphalt, concrete, brick pavers, or other similar material and must be accessed through an approved driveway crossing. For rectangular lots, the width of front yard parking areas/driveways shall align with and be no wider than the approved driveway crossing. (Bylaw No. 5552, 2018) f. Garbage collection areas must be provided for all multi-unit residential, commercial, or industrial development and shall comply with the following standards: i. within any residential or commercial district shall be screened from the public street with landscaping or fencing to the satisfaction of the Development Officer; ii. collection areas shall have minimum dimensions of 2.7 metres by 6.0 metres; iii. collection areas shall possess suitable lighting for safe garbage disposal; iv. direct access from a public street to garbage collection areas must be provided. (Bylaw No. 5641, 2021) 4.21 Permitted Obstructions in Required Yards a. The following shall not be considered to be obstructions in any yards, and shall not be considered in the determination of property line setbacks or site coverage in any yard: (Bylaw No. 5589, 2019) i. steps and ramps 1.6 metres or less above grade level which are necessary for access to a permitted building or for access to a site from a street or lane; or (Bylaw No. 5641, 2021) ii. trees, shrubs, walkways, trellises or flag poles. b. The following shall not be considered to be obstructions in any front yard, and shall not be considered in the determination of property line setbacks or site coverage in any front yard: i. lighting fixtures and lamp posts; ii. patios and decks not more than 0.4 metres above grade; iii. overhanging eaves and gutters projecting not more than 1.0 metre into a required front yard; iv. canopies or balconies projecting not more than 1.8 metres into a required front yard; or v. architectural features and chimneys projecting not more than 0.7 metres into a required front yard. (Bylaw No. 5589, 2019) c. The following shall not be considered to be obstructions in any front yard, and shall not be considered in the determination of property line setbacks: 44 i. patios and decks more than 0.4 metres above grade and projecting not more than 1.8 metres into a required front yard. (Bylaw No. 5589, 2019; Bylaw No. 5641, 2021) d. The following shall not be considered to be obstructions in any rear yard and shall not be considered in the determination of property line setbacks or site coverage in any rear yard: i. patios and decks measuring not more than 0.6 metres above grade provided they are located at least 3.0 metres from the rear site line on interior sites and 1.5 metres from the rear site line on corner sites; ii. overhanging eaves and gutters, architectural features and chimneys projecting not more than 1.0 metre into a required rear yard; iii. enclosed private swimming pools on interior sites when attached to the principal building projecting not more than 3.0 metres into a required rear yard; iv. laundry drying equipment, recreational equipment, and private swimming pools and tennis courts, which are open to the sky. (Bylaw No. 5589, 2019) e. The following shall not be considered to be obstructions in any rear yard and shall not be considered in the determination of property line setbacks: i. patios and decks measuring more than 0.6 metres above grade, projecting not more than 3.0 metres into a required rear yard, provided they are located at least 3.0 metres from the rear site line; ii. canopies and balconies projecting not more than 3.0 metres into a required rear yard provided they are located at least 3.0 metres from the rear site line; or iii. accessory buildings. (Bylaw No. 5589, 2019) f. The following shall not be considered to be obstructions in any side yard and shall not be considered in the determination of property line setbacks or site coverage in any side yard: i. patios and decks not more than 0.6 metres in height above grade; ii. architectural features, eaves and chimneys projecting not more than 0.5 metres into a required side yard; iii. laundry drying equipment, recreational equipment and private swimming pools and tennis courts, which are open to the sky; iv. air conditioners or heating equipment for single unit dwellings; or v. notwithstanding subclause ii, eaves may project up to .75 metres into a required side yard where the required side yard is greater than 1.0 metre. (Bylaw No. 5589, 2019) g. The following shall not be considered to be obstructions in any side yard and shall not be considered in the determination of property line setbacks: i. patios and decks more than 0.6 metres in height above grade and canopies and balconies, provided they do not project more than 1.8 metres into a required side 45 yard or project no more than 25% into the width of a required side yard, whichever is less; or ii. accessory buildings. (Bylaw No. 5589, 2019) 4.22 Satellite Dish Receivers / Solar Collectors / Wind Turbines The installation and operation of a satellite dish, solar collector or wind turbine, and their supporting structures onto a principal building shall be permitted in all districts subject to the regulations outlined below: a. No side or front yard shall be used for the placement of a satellite-receiving dish that is greater than 0.92 m in diameter in a residential district; b. No satellite-receiving dish with a diameter of greater than 0.92m shall be placed on the roof of any one or two unit dwelling, Mobile, Modular or Ready-to Move Home or accessory buildings and structures to those residential uses; c. Any solar panels, wind turbines, or associated operating structures attached to a building in a residential, commercial, or industrial district shall not exceed a height of 1.0m above the highest point of the roof upon which it is located; d. In the case of a corner site, no satellite dishes with a diameter greater than 0.92m shall be permitted in any portion of the rear yard which is within 3.0m of the side property line adjacent to a flanking street unless appropriate screening is put in place to the satisfaction of the Development Officer; e. In all Zoning Districts except R5, R7 and UH, all such proposed structures, if freestanding, shall not exceed a height of 6m above grade level, and shall be located a minimum of 9 m (or 1.5 times the actual height of the structure, whichever is greater) distant from any other structure on the subject site and from any other structure on all adjoining sites. In the R5, R7 and UH Zoning Districts, all such structures, if freestanding, shall be located no closer than 1.5 times the actual height of the proposed structure from grade level, to any other structure on the subject site and also to any other structure on all adjoining sites; f. In all residential and commercial districts, all structures, if attached to a principal building, shall not exceed a height of 1.0m above the height of the roof surface; and g. In all residential and commercial districts, all structures, if attached to or erected upon an accessory building or structure shall not exceed a height of 2.0m above the highest elevation of the accessory building that it is located on. 4.23 Secondary Suites a. Secondary Suites shall conform to the following regulations: i. Secondary suites may be located only in one unit dwellings and shall occupy no more than 40% of the gross floor area of a dwelling, including the area of the basement; ii. In order to accommodate a secondary suite, the principal building must have a minimum gross floor area, including the area of the basement, of 100m2; 46 iii. The maximum size of a secondary suite shall be 65 m2; iv. Not more than one secondary suite may be located in any one unit dwelling; v. A secondary suite shall contain no more than two bedrooms; vi. One off-street parking space shall be provided for a secondary suite, in addition to any parking space required by this Bylaw for a one unit dwelling; and vii. The entrance to the secondary suite shall be independent of the entrance to the principal dwelling. 4.24 Sidewalk and Parking Patios Sidewalk Patios, Parking Patios and Seasonal Boardwalks are permitted in accordance with the Extension of Business for Sidewalk Boulevard and Parking Stall Policy, in association with an approved use. (Bylaw No. 5641, 2021; Bylaw No. 5589, 2019) 4.25 Site Lighting Outdoor lighting for all developments shall be located and arranged so that no direct rays of light are pointed at nearby properties, or interfere with the safe operation of nearby roadways or traffic control devices. 4.26 Storage Tanks for Fuel 4.26.1 Above Ground Fuel Storage Tanks Above ground fuel storage tanks may be permitted as principal or accessory uses, as long as they are installed in accordance to Section 4.3.2 Installation of Outside Aboveground Storage tanks of the National Fire Code. 4.26.2 Underground Fuel Storage Tanks Underground storage tanks may be permitted as principal or accessory uses, as long as they are installed in accordance with Section 4.3.8, Installation of Underground Storage Tanks of the National Fire Code. 4.27 Storage of Vehicles in Residential Areas a. No person shall park or store on any part of any site any commercial or industrial vehicle, with a gross vehicle weight (G.V.W.) exceeding 8,000kg, or a total length greater than 6.0m for longer than is reasonably necessary to load or unload the vehicle. (Bylaw No. 5589, 2019) b. The repairing, cleaning, painting, refitting, modifying or refurbishing of vehicles or machinery for payment or other consideration is prohibited. c. No person shall store or repair vehicles except vehicles used for personal transportation, recreation and non-commercial gardening and yard maintenance and is owned or operated by a resident of the dwelling and that no nuisance is created by doing so. 47 d. No more than one unlicensed motor vehicle may be stored on a residential site. The storage of vehicle parts, partly dismantled vehicles, vehicles in a dilapidated or rusted state in yards is prohibited. 4.28 Tents and Other Temporary Structures a. Tents used or occupied for temporary overnight sleeping accommodations are permitted only: i. In an approved campground; ii. On sites developed for residential use only with a one or two unit dwelling. One tent may be located for the temporary overnight sleeping accommodation of the occupants or guests of the principal dwelling provided the tent is located in a rear yard, and not rented or made available for compensation, and that the persons occupying the tent have full access to all of the facilities and amenities of the principal dwelling; and iii. The maximum floor area for tents referred to in subsection (ii) shall be 12m2 . b. Tents and other temporary structures not referred to in clause (a) shall conform to all requirements of this Bylaw. 4.29 Trailer Coaches and Mobile Homes a. Mobile homes used as permanent living or sleeping quarters shall be permitted only in a mobile home park. b. Trailer coaches may be occupied as temporary overnight sleeping accommodations only: i. in an approved campground; ii in any residential district, trailer coaches may be located on any site for the temporary overnight sleeping accommodation of the guest of the occupants of the principal dwelling in compliance with the Regulations of Bylaw No. 4469 (the City's Trailer Coach Bylaw). The persons sleeping in the trailer coach shall have full access to all of the facilities and amenities of the principal dwelling. 4.30 Cannabis Retail Store 4.30.1 Intent a. The primary intent of these regulations is to ensure that Cannabis Retail stores are not located near institutional land uses frequented by youth under the age of 19 and to ensure Cannabis Retail Stores are accommodated in accessible and visible locations. b. The regulations also prevent Cannabis Retail Stores from clustering in locations, which may have cumulative impacts. 48 4.30.2 Separation Distances a. In the C3 Vehicle-Orientation Commercial District, no person shall establish a Cannabis Retail Store or enlarge an existing establishment closer than 166 metres from: a) Elementary and High Schools; b) Parks; c) Day Care Centre; d) Public Library; e) Public Recreation Facility; and f) Another cannabis retail store. b. In the C2 High Density Commercial District, no person shall establish a Cannabis Retail Store or enlarge an existing establishment closer than 83 metres from: a) Parks (except Crescent Park which separation distance is 60 metres) b) Day Care Centre; c) Public Library; d) Public Recreation Facility Except elementary and high schools, and another cannabis retail store where the separation distance is 166 metres. 4.30.3 Measurement of Separation Distance a. The separation distance mentioned in sub-section 4.30.2 shall be a straight line, measured from the nearest point of the portion of the building used or proposed to be used for a Cannabis Retail Store to the nearest portion of the lot currently developed with any of the uses mentioned in sub-section 4.30.2. b. The separation distance mentioned in sub section 4.30.2 shall be assessed as of the date of receipt of a complete application as determined by the Development Officer. 4.30.4 Notwithstanding any part of section 4.2.1 Accessory Uses, sale of Cannabis as an accessory use shall be subject to regulations in this part. (Bylaw No. 5563, 2018) 4.31 Pop-up Retail Pop-up Retail is permitted under the DCD1 subject to substantial conformance with the Valley View Concept Plan, and subject to the following conditions: a. Pop-up retail spaces are limited to a maximum of 56m2 in gross area; b. Pop-up retail occupants are limited to occupy the pop-up space for no more than 20 consecutive days, with a total of no more than 40 days in a calendar year; c. Pop-up retail occupants must have a valid Business License; 49 d. A Development Permit is required to erect a pop-up retail space, and each occupant is required to obtain a Development Permit; e. Merchandise related to the pop-up retail use may be displayed outside, provided merchandise does not impede pedestrian movement; f. Pop-up retail spaces which are not occupied must be removed or maintained in an aesthetically pleasing nature. SECTION 5 - REQUIRED PARKING AND LOADING 5.0 Parking and Loading Requirements 5.1 Parking and Loading Spaces Required With Development a. No building approved under this Bylaw shall be erected, enlarged, or extended, unless the required parking and loading spaces are provided in connection with the new, enlarged or altered building or structure. b. When the intensity of use of any building, structure, or premises is increased through the addition of dwelling units, floor area, seating capacity, or other specified units of measurement which will require additional parking and loading facilities, those facilities shall be prescribed as a condition of the required Development Permit. c. Wherever the existing use of a building or structure is changed to a new use, parking and loading facilities shall be provided as required for the new use. However, if the building or structure was erected prior to the effective date of this Bylaw, additional parking and loading facilities are mandatory only in the amount by which the requirements for the new use exceed the requirements for the existing use. d. All required parking facilities shall be located on the same site as the principal building or use, with the exception of lands in the C2 High Density Commercial district. Off-site or remote parking may be approved where the remote site is within 230 metres of the principal building or use and where the remote site is located within a C2 High Density Commercial District. e. When the calculation of parking requirements results in a fractional required parking space: i. any fraction up to one-half shall be disregarded; and ii. fractions including and over one-half shall be deemed to be equivalent to one space. (Bylaw No. 5589, 2019) f. The parking requirements for a building containing a mixed-use in which the gross floor area devoted to non-residential uses exceeds 2,500 square metres shall be reduced by 20% of the parking otherwise required to be provided for the non-residential uses. g. When an existing building is reconstructed in the C2 District, no parking shall be required for the first 600 square metres of gross floor area of the building; and any parking shall only be required in accordance with the standards of this section for the gross floor area in excess of 600 square metres. 50 h. Within the C2 District, the first 325 square metres of gross floor area shall be exempt from providing off-street parking spaces. 5.2 Off-Street Registered Interest Parking Where the necessary off-street parking space is provided on a site which is separate from that containing the building or structure for which it is provided, a registerable agreement between the City and the owner and his heirs and successors shall be recorded in the office of the City Clerk, City Of Moose Jaw. This agreement restricts the use of the said site for the purpose of off-street parking so long as the main use or building for which the parking is provided exists. The City shall register an interest based on an agreement against the said site in the Information Services Corporation Land Titles Office. Off-street parking shall be provided within a maximum of 230 m from the building or structure for which the parking is required. 5.3 Payment in Lieu of Off-Street Parking Facilities Council may exempt all or a portion of the off-street parking requirements in the C2 High Density Commercial District in exchange for a payment in lieu of the required spaces calculated. The payment shall be applied on the basis of $5000 per exempted space and based on the cost of providing alternative off-street parking in the downtown. 5.4 Passenger Drop Off Spaces and Parking/Loading Spaces for People with Special Needs 5.4.1 Passenger Drop Off Spaces a. Elementary and High schools shall provide passenger drop-off spaces in conjunction with the development of new schools or in conjunction with any addition with a design capacity of 100 or more students to an existing school. b. A passenger drop-off space means a full size parking space located on school property or a full size parking space approved by the Engineering Department located on property within the roadway right-of -way. In the case of schools which front on a collector or arterial street, passenger drop-off spaces shall be located on school property and accessed by a service road. c. Required on-site parking spaces shall not be used to satisfy the requirements for the provision of passenger drop-off spaces. d. For elementary schools, drop-off spaces shall be provided at the rate of at least eight (8) spaces for the first 100 students and at least two (2) spaces for each additional 100 students. e. For High Schools, passenger drop-off spaces shall be provided at the rate of at least eight (8) spaces for the first 100 students and at least one (1) space for each additional 100 students. f. Passenger drop-off spaces shall be located: i. within 50m of a school entrance; ii. at least 3.0m from a driveway or marked cross-walk; and iii. at least 15m from any intersection. g. The Development Officer, in consultation with the applicable school board, may reduce the number of required passenger drop-off spaces for additions to existing 51 schools where there are demonstrated constraints at a specific school site, which limit the number and location of spaces that may be provided. 5.4.2 Parking/Loading Spaces for People with Special Needs a. For uses other than multiple unit dwellings, barrier-free parking spaces for people with special needs shall be provided, but not in addition to any required parking spaces, in accordance with the following: Total Number of Parking Stalls Number of Accessible Parking Stalls 5 to 10 11 11 to 100 1 plus 4%2 101 to 400 4% of Total Number of Parking Stalls3 401 and Over 4% of Total Number of Parking Stalls over 4013 1. To conform to Clause 5.4.2a(ii) 2. One accessible parking stall to conform to Clause 5.4.2a(ii) 3. 50% to conform to 5.4.2a(ii) i. have a minimum unobstructed width of 3.9m for each stall; ii. accessible parking stalls for vans equipped with wheelchair lifts shall: a. have a minimum unobstructed width of 4.5m for each stall. This includes access aisles. b. within a parking garage: i) be located on an accessible floor; ii) have a minimum clearance of 2.4m, measured vertically from the floor surface at the accessible parking stall and throughout the vehicular path of travel to the accessible parking stall; and iii. all barrier-free parking spaces shall be located as close to an entrance as possible but not exceeding 50 metres from a main entrance to the principal building or use on the subject site and each of those spaces shall be clearly identified by a sign not less than 1.5 m above ground level with the International Symbol for Accessibility. 5.5 General Regulations for Off Street Parking and Loading a. All required parking and loading facilities shall be used only for the purpose of accommodating the vehicles of clients, customers, employees, members, residents or visitors in connection with the principal building or use for which the parking and loading facilities are provided. The parking and loading facilities shall not be used for driveways, access or egress, commercial repair work, display, sale or storage of goods of any kind. b. Driveways, internal roadways, aisles and ramps, unloading and loading of motor vehicles in relation to entry points to the buildings on site shall include an adequate, safe and convenient arrangement of vehicular ingress or egress for required parking and loading 52 facilities. Such facilities shall comply with the following design, development and maintenance standards: i. All required parking and loading facilities shall be clearly demarcated and have adequate storm water drainage; ii. Continuous cast in place or pre-cast curbing units of not less than 150mm in height shall be provided adjacent to streets. Concrete curb stops shall be placed to ensure that vehicles do not overhang boulevards or sidewalks. Curbing shall also be required to clearly demarcate the required portion of driveway leading to an internal roadway, aisle, ramp, parking space or loading space; iii. In situations where lighting of off-street parking and loading facilities is to be provided, the lighting shall be arranged, installed and maintained to deflect, shade and focus light away from any adjacent land used or intended to be used for residential purposes; iv All required parking and loading spaces shall be clear of access driveways, aisles, ramps, columns, signs or other similar obstructions, and shall conform to the following minimum dimensions: Table 5-1 Type of Space Minimum Dimensions Minimum Vertical Clearance Designated or Required parking spaces for people with special needs 3.9 by 6.0m for one space or 6.3 by 6.0 for two spaces side by side allowing for a 1.5m aisle between 2.4m Loading space 3.0 by 7.5m 4.0m Parallel parking spaces 3.0 by 6.7m 2.0m Parking spaces having a direct access to a registered lane 2.7 by 6.7m 2.0m Parking spaces other than those described above 2.7 by 6.0m 2.0m v. All required parking and loading spaces shall, without excessive vehicular manoeuvring, have direct access to a driveway, aisle or registered lane leading to a public street. Driveways and aisles which provide access to parking or loading spaces shall conform to the following minimum dimensions: Parking Angle in Degrees Width or Aisle or Driveway 75 to 90 6.0 metres (two way traffic) 50 to 74 5.5metres (two way traffic) 49 or less 3.7 metres (one way traffic only) 53 For the purposes of the above minimum dimensions, angles shall be measured between the centerline of the parking or loading space and the centerline of the driveway or aisle; vi. All entrances to and exits from a parking facility shall be designed in such a manner as to minimize traffic congestion and interference with traffic movement along public streets; vii. Driveways leading to a public right-of-way or to an internal private roadway, aisle, ramp or parking space shall be of sufficient length and width to accommodate expected vehicle volumes. To minimize traffic congestion and interference of traffic movement within parking facility and along public streets, the length, width and slope of such driveways shall be based upon accepted engineering roadway design principles; viii. For multiple-unit dwellings, all parking spaces shall be suitably screened from view from adjacent streets, and all required visitor-parking spaces shall be clearly marked or signed as such. Parking spaces for the disabled shall be provided, but not in addition to the required tenant or visitor parking. Parking spaces for the disabled shall be provided in the ratio of one for every 100 parking spaces or part thereof. a. Off-street loading and unloading space shall be provided totally within a building or structure or may be located in yard space. The space shall not be provided within the minimum required front yard or side yard unless it is open and uncovered. 5.6 Unspecified Requirements 1. Where the parking requirements of any use allowed by this Bylaw is not specified, the Development Officer shall: a. establish an interim standard to allow the developer to proceed with the project; and (Bylaw No. 5641, 2021) b. recommend an amendment to this Bylaw to incorporate the interim standard. 2. In establishing the interim standard, the Development Officer shall be guided by the standards for similar uses in the City. 5.7 Fractional Spaces If in determining the number of required parking spaces a fractional space is arrived at: a. any fraction up to one-half shall be disregarded; and b. fractions including and over one-half shall be deemed equivalent to one space. (Bylaw No. 5589, 2019) 5.8 Required Off Street Parking in Residential Districts 5.8.1 The minimum off street parking requirements for all residential districts are set out in Table 5-3. 5.8.2 All multi-unit dwellings and non-residential principal buildings with a building floor area greater than 500m2 shall provide one off-street loading space. 54 5.8.3 Table 5-3 Required Parking Spaces for Residential Districts Bed and Breakfast Homes 1 space plus 1 space per guest room Boarding Houses, Boarding Apartments 1 space plus 1 space for each 3 rental units or beds, whichever is greater Custodial Care Homes 1 space plus 1 space per 5 persons enrolled in the facility Residential Care Homes Special Care Homes Community Service/Institution 1 space per 50m2 or 1 space per 8 seats whichever is less Convenience Stores 1 space per 50m2 of gross floor area Cultural Institutions 1 space per 70m2 of gross floor area Day Care Centres/Pre-Schools 1 space plus 1 space per 10 persons enrolled in the facility Dwelling, Group 1 space per dwelling unit plus 1 visitors' space per 10 dwelling units or fraction thereof Dwelling, Manufactured 1 space for each dwelling unit Dwelling, One Unit Dwelling, Ready-to-Move Dwelling, Semi-Detached Dwelling, Townhouse Dwelling, Multiple Unit 1 space per dwelling unit plus 1 visitors space per 10 dwelling units or fraction thereof Dwelling, Two Unit 1 space for each dwelling unit Funeral Homes 1 space for each 10m2 or 1 space per 8 seats whichever is less Hotels 1 space per guest room, plus 1 space per 15m2 of gross floor area devoted to public assembly Keeping of Boarders 1 space per 2 boarders Kennel, Boarding and Breeding 1 space per 100m2 of gross floor area Medical Clinics 1 space per 30m2 of gross floor area Mobile Home Parks 1 space per mobile home site Offices 1 space per 50m2 of gross floor area Outdoor Recreation Facilities 1 space per 8 permanent seats (excluding grassed open spaces) Personal Service Establishments 1 space per 100m2 of gross floor area Places of Worship 1 space per 10 seats in main assembly area, or where no fixed seating is provided, 1 space per 10m2 of gross floor area Private Schools 1.5 spaces per classroom plus 1 per 4 students at design capacity Restaurants 1 space per 8 seats or 1 space per 10m2 whichever is greater Retail Stores 1 space per 100m2 of gross floor area Secondary Suites 1 space for the secondary suite Supportive Housing 1 space per 3 rental units (Bylaw No. 5589, 2019; Bylaw No. 5641, 2021) 5.9 Required Off Street Parking and Loading Spaces for Community Service / Institutional, Urban Holding, Flood Way, Parks and River Valley Conservation Districts 5.9.1 The minimum off street parking requirements for all Community Service / Institutional districts are set out in Table 5-4. 55 5.9.2 Each non-residential principal building with a building floor area greater than 500m2 shall provide one off-street loading space. Table 5-4 Required Parking Spaces for Community Service /Institutional Districts, Urban Holding, Flood Way, Parks and River Valley Conservation Districts Ambulance Stations 1 space per 30m2 of gross floor area, excluding garage area Bed and Breakfast Homes 1 space plus 1 space per guest room Boarding Houses, Boarding Apartments 1 space plus 1 space for each 3 rental units or beds, whichever is greater. Custodial Care Homes 1 space plus 1 space per 5 persons enrolled in the facility Residential Care Homes Special Care Homes Cemeteries 1 space per 100m2 of gross floor area Community Service/Institution 1 space per 50m2 of gross floor area or 1 space per 8 seats whichever is less Cultural Institutions 1 space per 70m2 of gross floor area Day Care and Pre-Schools 1 space plus 1 space per 10 persons enrolled in the facility Dwellings, One Unit 1 space for each dwelling unit Elementary Schools 1.5 spaces per classroom Family Day Care Homes 1 space for each dwelling unit Fire Halls 1 space per 30m2 of gross floor area, excluding garage area Funeral Homes 1 space per 8 seats or 1 space per 10m2 of gross floor area whichever is less High Schools 1.5 spaces per classroom plus 1 space per 10 students at design capacity with parking permitted in a side or rear yards Home Occupations 1 space per non-resident employee Hospitals 1 space per 100m2 of gross floor area Hotels 1 space per guest room, plus 1 space per 15m2 of gross floor area devoted to public assembly Keeping of Boarders 1 space per 2 boarders Medical Clinics 1 space per 30m2 of gross floor area Motels 1 space per guest room, plus 1 space per 15m2 of gross floor area devoted to public assembly Municipal Buildings 1 space per 30m2 of gross floor area, excluding garage area Offices 1 space per 50m2 of gross floor area Outdoor Recreation Facilities 1 space per 8 permanent seats (excluding grassed open spaces) Places of Worship 1 space per 10 seats in main assembly area, or where no fixed seating is provided, 1 space per 10m2 of gross floor area Police Stations 1 space per 30m2 of gross floor area, excluding garage area Private Schools 1.5 spaces per classroom plus 1 per 4 students at design capacity Retail uses which are accessory to and are designed to serve permitted and discretionary uses within this district 1 space plus 1 additional space per 50 m2 of gross floor area Secondary Suites 1 space plus 1 space for the secondary suite Tourist Information Centres (Bylaw No. 5641, 2021) 56 5.10 Required Off Street Parking in Commercial Districts 5.10.1 The minimum off street parking requirements for all Commercial districts are set out in Table 5-5. 5.10.2 All multi-unit dwellings and non-residential, principal buildings with a building floor area greater than 500m2 shall provide one off-street loading space. (Bylaw No. 5589, 2019) Table 5-5 Required Parking Spaces for the Commercial Districts Amusement Parks 1 space per 8 seats or 1 space per 15m2 of gross floor area devoted to public use, whichever is greater Auction Centres 1 space per 10m2 of gross floor area Autobody Shops 1 space per 100m2 of gross floor area Boarding Houses, Boarding Apartments 1 space plus 1 space for each 3 rental units or beds, whichever is greater No parking requirement in the C2 Building Supply Establishments 1 space per 50m2 of gross floor area Bus Terminals 1 space per 30m2 of gross floor area Cannabis Retail Stores 1 space per 100m2 of gross floor area No parking requirement in the High Density Commercial District Car/Truck Wash Establishments 3 spaces per bay Custodial Care Homes 1 space plus 1 space per 5 persons enrolled in the facility Special Care Homes Residential Care Homes Casinos 1 space per eight (8) m2of gross floor space. Catering Halls and Kitchens 1 space per 8m2 of gross floor area Commercial Recreation Establishments 1 space per 30m2 of gross floor area No parking requirement in High Density Commercial District if less than 325m2. For that portion in excess of 325, 1 space per 100 2 Community Service/Institutional 1 space per 50m2 of gross floor area Contractor's Offices and Yards 1 space per 100m2 of gross floor area Convenience Stores 1 space per 50m2 of gross floor area Cultural Institutions 1 space per 50m2 of gross floor area No parking requirement in the High Density Commercial District Day Care Centres/Pre-Schools 1 space plus 1 space per 10 persons enrolled in the facility, Dry Cleaners 1 space per 50m2 of gross floor area No parking requirement in the High Density Commercial District Dwelling, Group 1 space per dwelling unit plus 1 visitors' space per 10 dwelling units or fraction thereof Dwellings, Multiple Unit 1 space per dwelling unit plus 1 visitor space per 2 dwelling units; 0.5 spaces per dwelling unit for existing buildings in the C2HER (C2 Heritage) District; 1.0 spaces for new buildings in the C2HER (C2 Heritage) District 57 Dwellings, One Unit 1 space per dwelling unit Dwellings, Two Unit Dwelling units in conjunction with or attached to any permitted use 1 space per dwelling unit plus 1 visitor space per 2 dwelling units; 0.5 spaces per dwelling unit for existing buildings in the C2HER (C2 Heritage) District; 1 space per dwelling unit for new buildings in the C2HER (C2 Heritage) District Entertainment Establishments 1 space per 8 seats or 1 space per 10m2 of gross floor area devoted to public use, whichever is greater Farm Supply Stores 1 space per 100m2 of gross floor area Fast Food Outlets 1 space per 50m2 of gross floor area Fertilizer Supply Plants 1 space per 100m2 of gross floor area Financial Institutions 1 space per 50m2 of gross floor area No parking requirement in High Density Commercial District if less than 325m2. For that portion in excess of 325, 1 space per 2 Funeral Homes 1 space per 8 seats or 1 space per 10m2 whichever is greater Grocery Stores 1 space per 50m2 of gross floor area; No parking requirement in High Density Commercial District if less than 325m2. For that portion in excess of 325, 1 space per 50 Home Occupation 1 space for the non-resident employee Hospitals 1 space per 100m2 of gross floor area Hotels 1 space per guest room, plus 1 space per 15m2 of gross floor area devoted to public assembly 1 space per 3 guest rooms in C2 District Indoor Storage Rental Facilities 1 space per 50 m2 of gross floor area or 1 space per 3 employees, whichever is greater Industrial, Light 1 space per 100 m2 of gross floor area Junk, Salvage, Auto Wrecking 1 space per 100m2 of gross floor area Keeping of Boarders 1 space per 2 boarders Licensed Facility 1 space per 8 seats or 1 space per 10m2 whichever is greater; No parking requirement in C2 District Medical Clinics 1 space per 50m2 of gross floor area No parking requirement in the High Density Commercial District Medical, Dental, Optical Laboratory 1 space per 50m2 of gross floor area No parking requirement in the C2 District Micro Brewery/Distillery 1 space per 100m2 of gross floor area No parking requirement in High Density Commercial District if less than 325m2 . For that portion in excess of 325m2, 1 space per 100m2 Mobile Home Parks 1 space per mobile home site Motels 1 space for each guest room plus 1 space per 20m2 of gross floor area devoted to public assembly 58 Municipal Facilities 1 space per 50m2 No parking requirement in the C2 District for the Multiplex Night Clubs 1 space per 8 seats or 1 space per 10m2 of gross floor area devoted to public use, whichever is greater No parking requirement in C2 District Offices 1 space per 50m2 of gross floor area No parking requirement in High Density Commercial District if less than 325m2. For that portion in excess of 325, 1 space per 100 m2 Outdoor Recreation Facilities 1 space per 8 permanent seats (excluding grassed open spaces) Personal Service Establishments 1 space per 100m2 of gross floor area No parking requirement in the High Density Commercial District Pet Grooming and Training 1 space per 100m2 of gross floor area Photography Studio 1 space per 100m2 of gross floor area No parking requirement in the High Density Commercial District Places of Worship 1 space per 10 seats in main assembly area, or where no fixed seating is provided, 1 space per 10m2 of gross floor area Plumbing and Electrical Supply 1 space per 100m2 of gross floor area Police Stations and Fire Halls Post Offices Printing Plants and Newspaper Offices Private Clubs 1 space per 50m2 of floor area Private Schools 1 space per 8 seats Radio and Television Stations 1 space per 100m2 of gross floor area Recycling and Collection Depots Restaurants 1 space per 8 seats or 1 space per 10m2 whichever is greater No parking requirement in High Density Commercial District Retail Stores 1 space per 100m2 of gross floor area No parking requirement in the High Density Commercial District Secondary Suites 1 space per dwelling unit Service Stations and Gas Bars 1 space per 100m2 of gross floor area Shopping Centres 1 space per 20m2 of gross floor area Supportive Housing 1 space per 3 rental units No parking requirement in the High Density Commercial District Theatres 1 space per 4 seats Trailer and Tourist Camps 1 space per camp or trailer site Truck Terminals and Warehousing 1 space per 100m2 of gross floor area Vehicle Rentals, Sales and Service 1 space per 50m2 of gross floor area Type 1 & 2 Veterinary Clinics (Bylaw No 5429; Bylaw No. 5410; Bylaw No. 5563; Bylaw No. 5589; Bylaw No. 5641; Bylaw No. 5740) 59 5.11 Required Off-Street parking and Loading in Industrial and Railroad Districts 5.11.1 The minimum off street parking requirements for all Industrial Districts are set out in Table 5-6. 5.11.2 Each non-residential principal building with a building floor area greater than 500m2 shall provide one off-street loading space. Table 5-6 Required Parking Spaces for Industrial and Railroad Districts Abattoirs or Slaughter houses 1 space per 100m2 of gross floor area Accessory Railway uses in the Railroad District Adult Day Care Centres 1 space plus 1 space per 5 persons enrolled in the facility Adult Entertainment Establishments 1 space per 8 seats or 1 space per 10m2 of gross floor area devoted to public use, whichever is greater Agricultural Feed and Seed Processing 1 space per 100m2 of gross floor area Ambulance Stations 1 space per 30m2 of gross floor area, excluding garage area Auction Centres 1 space per 100m2 of gross floor area Autobody Shops Beverage Bottling Plants Breweries, Wineries, Distilleries Building Supply Establishments Butcher Shops Cannabis Production Facility Car / Truck Washing Establishments Commercial Recreation Establishment Commercial Storage Community Service/Institutional Concrete Mixing Plants Container Terminals Contractors Offices and Yards Crating Services Dairy Distribution Plants Day Care Centres and Preschools 1 space plus 1 space per 10 persons enrolled in the facility Dead Animal Recycling Plants 1 space per 100m2 of gross floor area Entertainment Establishments Fabrication and Welding Shops Farm Implement Sales and Service Farm Supply Stores 1 space per 100m2 of gross floor area Fertilizer Storage Plants Financial Institutions Food Processing Frozen Food Lockers 60 Funeral Homes General Warehousing and Wholesaling Grain Terminals Greenhouses Heavy Industrial Uses Hotels 1 space for each guest room plus 1 space per 20m2 of gross floor area devoted to public assembly Indoor Storage Rental Facilities 1 space per 50 m2 of gross floor area or 1 space per 3 employees, whichever is greater Industrial Equipment Sales, Service and Rentals 1 space per 100m2 of gross floor area Junk, Salvage, Auto Wrecking Yards Kennels Breeding or Boarding Laundromats and Laundries Light Industrial Uses Machine Shops Machinery/ Equipment Storage Millwork Production Medical Clinics 1 space per 50m2 of gross floor area Millwork Production 1 space per 100m2 of gross floor area Motels 1 space for each guest room plus 1 space per 20m2 of gross floor area devoted to public assembly Municipal Sanitary Landfill 1 space per 100m2 of gross floor area Night Clubs 1 space per 8 seats or 1 space per 10m2 of gross floor area devoted to public use, whichever is greater Offices 1 space per 100m2 of gross floor area Outdoor Recreation Facilities 1 space per 8 permanent seats (excluding grassed open spaces) Outdoor Storage 1 space per 100m2 of gross floor area Personal Service Establishment Pet Cemetery & Crematory 1 space per 100m2 of gross floor area Petroleum Storage and Distribution (Card Locks) Places of Worship 1 space per 10 seats in main assembly area, or where no fixed seating is provided, 1 space per 10m2 of gross floor area Plumbing and Electrical Sales and Service 1 space per 100m2 of gross floor area Printing and Publishing Plants Private Clubs 1 space per 50m2 of gross floor area Private Schools 1.5 spaces per classroom plus 1 space per 4 students at design capacity Public Indoor Sports Facilities 1 space per 8 seats or 1 space per 15m2 of gross floor area devoted to public use, whichever is greater Radio / Television Studios 1 space per 100m2 of gross floor area Railway Yards 61 Recreational Vehicle Sales, Service and Rentals Recycling Collection Depots Restaurants and Lounges 1 space per 50m2 of gross floor area Retail Stores Sale and Service of Tires 1 space per 100m2 of gross floor area Salvage and Auto Wrecking Yards Sandblasting Sand and Gravel Operations Scrap Metal and Recycling Facility Service Stations and Gas Bars 1 space per 100m2 of gross floor area Taxi Depots Tourist Information Centres Truck Terminals and Warehousing Vehicle Rentals, Sales and Service Type 1 & 2 Veterinary Clinics and Kennels Warehousing and Wholesale Vending Facilities Welding and Fabrication Shops (Bylaw No. 5563, 2018) 5.12 Exceptions to Required Parking - Shared Parking Notwithstanding the requirements of Sections 5.8 to 5.11, shared parking shall apply to all zones in accordance with the requirements in this section. 5.12.1 General Provisions for Shared Parking a. Shared parking may be allowed between two or more uses to satisfy all or a portion of the minimum off-street parking requirements specified in Sections 5.8 to 5.11. b. Shared parking may be allowed between uses with different hours of operation. c. A use for which an application is being made for shared parking shall be located within 20 metres of the parking facility. d. A registerable agreement providing for the shared use of parking shall be executed between: i. the City; ii. owner of the lot on which the parking is provided; and iii. owner of the lots for the shared parking is required. e. The agreement executed pursuant to subsection (d) shall bind on the owner mentioned in (d)(ii) clause and his heirs and successors, and restrict the use of the lot for the purpose of parking so long as the uses for which the shared parking was provided exists. 62 f. A caveat based on the agreement mentioned in subsection (d) shall be registered by the City against the lots mentioned in clauses (d)(ii) and (iii) in the Information Services Corporations Office. g. The shared parking privileges shall continue in effect only as long as the agreement, binding on all parties, remains in force. h. If the agreement is no longer in force, parking shall be provided as required in Sections 5.8 to 5.11. 5.13 Specific Regulations for Shared Parking a. Shared parking may be allowed between daytime and nighttime or Sunday uses under the conditions and exceptions provided in Table 5.14. b. For the purpose of this section, the following uses are deemed to be daytime uses: (1) retail sales and service, except eating and drinking establishments, lodging and entertainment uses; (2) wholesale, storage and distribution uses; and (3) manufacturing uses. c. For the purpose of this section, the following uses are deemed to be night time or Sunday uses: (1) auditorium; (2) religious institutions; (3) entertainment uses, including bowling alleys, theatres and dance halls; and (4) eating and drinking establishments. d. The applicant shall show that there is no substantial conflict in the principal operating hours of the uses for which the sharing of parking is proposed. Table 5.14: Shared Parking Arrangements - Different Operating Hours Daytime Use Nighttime Use Conditions Exceptions Any use specified in subsection 5.13(b) Any use specified in subsection 5.13(c) 1. Up to 90% of the parking requirements for the daytime use may be supplied by the off-street parking provided by the nighttime or Sunday use. 2. Where the nighttime or Sunday use is a religious facility, up to 100% of the parking requirements for the daytime use may be supplied by the off-street parking provided by the religious facility. None 63 SECTION 6 - RESIDENTIAL ZONING DISTRICTS AND REGULATIONS 6.1 Establishment of Zoning Districts The following districts are established: Residential R1 Residential (Large Lot Low Density) R1A Residential (Low Density) R1B Residential (Small Lot Low Density) R2 Residential (Medium Density) R3 Residential (High Density) R4 Residential (Core-Mixed) R5 Residential (Acreage) R6 Residential (Mobile Home) R7 Residential (City Fringe) Commercial C1 Commercial (Neighbourhood) C1B Commercial (Mixed Use Neighbourhood) C2 Commercial (High Density) C3 Commercial (Vehicle Oriented) Industrial M1 Industrial (Light) M2 Industrial (Heavy) M3 Industrial (Mixed-Use Business Park) M4 Industrial (Environmental-Low Service) RR Railroad Community Service / Institutional CS Community Service / Institutional Other Zoning Districts FW Floodway UH Urban Holding RVC River Valley Conservation P Parks CZ Contract DC Direct Control Overlay Zoning Districts f 1 Floodway Fringe 1 f 2 Floodway Fringe 2 s 1 Slump Control 1 s 2 Slump Control 2 her Heritage 64 6.2 Interpretation of District Boundaries a. A zoning district boundary shown approximately at a site, street, or lane is at the boundary of the site, street or lane. b. A zoning district boundary shown approximately in the centre line of a street or lane is at the centre line of the street or lane. c. A zoning district boundary shown within a site, unless specifically noted, is fixed by the scale of the zoning map. d. A zoning district boundary shown following approximately a shoreline or the centre line of a creek, stream or channel follows the shoreline or the centre line of a creek. e. In the case of the Floodway Zone and Flood Fringe Overlay Zone, the boundaries shall be the same as those shown on plans drawn under the Canada-Saskatchewan Flood Damage Reduction Program (FDRP). In the event of a conflict between the boundaries on the Zoning Maps, the boundaries on the Canada-Saskatchewan Flood Damage Reduction maps shall prevail, except the areas protected by dykes and those areas filled to the 1:500 flood elevation after June 1978 (when the FDRP maps were prepared). f. Where the Zoning Map does not otherwise indicate the dimensions of a zoning district boundary, the scale of the Zoning Map shall govern. 6.3 Land Zone Use Charts a. The permitted, discretionary, accessory and where specifically necessary, prohibited uses are outlined in chart form within the regulations for each zoning district. The development standards for each use are also contained within the respective charts, in addition to uses, development standards and other provisions that may be located within other sections of the individual zoning district regulations, and within other relevant portions of the Bylaw. b. The permitted and discretionary use charts and development standards charts within each zoning district may contain subscript footnote references. The explanatory provisions referenced by the subscript footnotes are contained in the section entitled "Development Standards" which immediately follows the above-noted charts in each zoning district 6.4 R1 LARGE LOT LOW DENSITY RESIDENTIAL DISTRICT 6.4.1 PURPOSE The purpose of the R1 Large Lot Low Density Residential District is to provide for large lot residential development in the form of one-unit dwellings as well as complementary community uses. (Bylaw No. 5589, 2019) Minimum Development Standards and Site Regulations in Metres (Unless otherwise indicated in Section 6.4.2) Site Frontage Site Area (m2) Front Yard Rear Yard Interior Site Rear Yard Corner Site Side Yard Maximum Building Height Maximum Site Coverage 15 450 7.5 7.5 - or 25% of the site depth whichever is less 4.5 1.2 - or 10% of the site width whichever is less 11 40% 65 PERMITTED USES - Accessory Buildings and Uses - refer to Section 4.2 - Dwellings, Manufactured, Type 1 - Dwellings, One Unit - Dwellings, Three-and-Four-Unit -refer to Section 6.4.2.4 - Dwellings, Two-Unit - Family Day Care Homes - refer to Section 4.11 - Home Occupations - refer to Section 4.14 - Independent Living Suites - refer to Section 4.15 - Keeping of up to five boarders in an OUD - Outdoor Recreation Facilities - Public Parks - Residential Care Homes - Type 1 - refer to Section 4.8 - Secondary Suites - refer to Section 4.23 (Bylaw No. 5589, 2019; Bylaw No. 5641, 2021; Bylaw No. 5732, 2025) DISCRETIONARY USES - Bed and Breakfast Homes - refer to Section 4.4 - Boarding Houses - Community Service/Institutional - Cultural Institutions - Custodial Care Homes - Type 1 - refer to Section 4.8 - Day Care Centres/Pre-Schools - refer to Section 4.9 - Dwellings, Manufactured, Type 2 - Dwellings, Semi-Detached - Market Gardens - Parking Areas - Places of Worship - Private Schools - Residential Care Homes - Type 2 - refer to Section 4 (Bylaw No. 5624, 2020; Bylaw No. 5589, 2019; Bylaw No. 5641, 2021; Bylaw No. 5732, 2025) 6.4.2 NOTES TO DEVELOPMENT STANDARDS 1. Site frontage of 7.5m; site area of 225m2 2. Parking requirements found in Section 5 3. In some cases, an established building line on front site lines has been established refer to Section 3.9.1 4. Three-and-Four-Unit Dwellings in this district shall only be established on sites that conform to the following standards: a) 15 m minimum site frontage; b) 30 m minimum site depth; c) 450 m2 minimum site area. (Bylaw No. 5732, 2025) 66 5. For properties with existing dwellings, minimum lot size and frontage standards will not apply in cases where property lines are being adjusted. In these cases, the property lines shall be configured in a such a way to maximize conformity with the Zoning Bylaw and National Building Code. (Bylaw No. 5550, 2017) 6.5 R1A LOW DENSITY RESIDENTIAL DISTRICT 6.5.1 PURPOSE The purpose of the R1A Low Density Residential District is to provide for residential development in the form of one-unit dwellings as well as complementary community uses. Minimum Development Standards and Site Regulations in Metres (Unless otherwise indicated in Section 6.5.2) Site Frontage Site Area (m2) Front Yard Rear Yard Interior Site Rear Yard Corner Site Side Yard Maximum Building Height Maximum Site Coverage 12 360 6 7.5 4.5 0.75 11 50% (Bylaw No. 5589, 2019) PERMITTED USES - Accessory Buildings and Uses - refer to Section 4.2 - Dwellings, Manufactured, Type 1 - Dwellings, One Unit - Dwellings, Three-and-Four-Unit -refer to Section 6.5.2.4 - Dwellings, Two-Unit - Family Day Care Homes - refer to Section 4. 11 - Home Occupations - refer to Section 4.14 - Independent Living Suites - refer to Section 4.15 - Keeping of up to five boarders in an OUD - Outdoor Recreation Facilities - Public Parks - Residential Care Homes - Type 1 - refer to Section 4.8 - Secondary Suites - refer to Section 4.23 (Bylaw No. 5589, 2019; Bylaw No. 5641, 2021; Bylaw 5732, 2025) DISCRETIONARY USES - Bed and Breakfast Homes - refer to Section 4.4 - Boarding Houses - Community Service/Institutional - Cultural Institutions - Custodial Care Homes - Type 1 - refer to Section 4.8 67 - Day Care Centres/Pre-Schools - refer to Section 4.9 - Dwellings, Manufactured, Type 2 - refer to Section 6.5.2.1 - Market Gardens - Parking Areas - Places of Worship - Private Schools - Residential Care Homes - Type 2 - refer to Section 4.8 (Bylaw No. 5589, 2019; Bylaw No. 5641, 2021; Bylaw 5732, 2025) 6.5.2 NOTES TO DEVELOPMENT STANDARDS 1. Site coverage of 7.5m; Site Area of 225m2 2. Parking requirements found in Section 5 3. In some cases, an established building line on front site lines has been established - Refer to Section 3.9.1 4. Three-and-Four-Unit Dwellings in this district shall only be established on sites that conform to the following standards: a) 15 m minimum site frontage; b) 30 m minimum site depth; c) 450 m2 minimum site area. (Bylaw No. 5589, 2019; Bylaw 5732, 2025) 6.6 R1B SMALL LOT LOW DENSITY RESIDENTIAL DISTRICT 6.6.1 PURPOSE The purpose of the R1B Small Lot Low Density Residential District is to provide for small lot residential development in the form of one-unit dwellings as well as complementary community uses. Minimum Development Standards and Site Regulations in Metres (Unless otherwise indicated in Section 6.6.2) Site Frontage Site Area (m2) Front Yard Rear Yard Interior Site Rear Yard Corner Site Side Yard Maximum Building Height Max Site Coverage 7.5 225 3 7.5 4.5 0.75 11 50% (Bylaw No. 5589, 2019) PERMITTED USES - Accessory Buildings and Uses - refer to Section 4.2 - Dwellings, Manufactured, Type 1 - Dwellings, One Unit - Dwellings, Three-and-Four-Unit- refer to Section 6.6.2.5 - Dwellings, Two-Unit 68 - Family Day Care Homes - refer to Section 4.11 - Home Occupations - refer to Section 4.14 - Independent Living Suites - refer to Section 4.15 - Keeping of up to five boarders in an OUD - Outdoor Recreation Facilities - Public Parks - Residential Care Homes - Type 1 - refer to Section 4.8 - Secondary Suites (Bylaw No. 5589, 2019; Bylaw No. 5641, 2021; Bylaw No. 5732, 2025) DISCRETIONARY USES - Bed and Breakfast Homes - refer to Section 4.4 - Boarding Houses - Community Service/Institutional - Cultural Institutions - Custodial Care Homes - Type 1 - refer to Section 4.8 - Day Care Centres/Pre-Schools - refer to Section 4.9 - Market Gardens - Parking Areas - Places of Worship - Private Schools - Residential Care Homes - Type 2 - refer to Section 4.8 (Bylaw No. 5589, 2019; Bylaw No. 5641, 2021; Bylaw No. 5732, 2025) 6.6.2 NOTES TO DEVELOPMENT STANDARDS 1. Parking requirements found in Section 5 2. In some cases, an established building line on front site lines has been established - refer to Section 3.9.1. 3. In the case of a rear lane being provided no parking or vehicular access will be allowed in the front yard, except for Lot 17, Block 111, Plan 102145137; Lot 35, Block 105, Plan 102145137; and Lots 36 - 44, Block 105, Plan 102174432. 4. Lot 17, Block 111, Plan 102145137; and Lots 36 - 44, Block 105, Plan 102174432 shall have a minimum 6.0 metre front yard setback. 5. Three-and-Four-Unit Dwellings in this district shall only be established on sites that conform to the following standards: a) 15 m minimum site frontage; b) 30 m minimum site depth; c) 450 m2 minimum site area. (Bylaw No. 5589, 2019; Bylaw No. 5732, 2025) 69 6.7 R2 MEDIUM DENSITY RESIDENTIAL DISTRICT 6.7.1 PURPOSE The purpose of the R2 Medium Density Residential District is to provide for residential development in the form of medium density dwellings as well as complementary community uses. Minimum Development Standards and Site Regulations in Metres (unless otherwise indicated in Section 6.7.2) Site Frontage Site Area (m2) Front Yard Rear Yard Interior Site Rear Yard Corner Site Side Yard Maximum Building Height Max Site Coverage 7.5 225 6 7.5 or 25% of site depth whichever is less 4.5 0.75 or 10% of site width whichever is less 15 50% (Bylaw No. 5589, 2019; Bylaw No. 5641, 2021) PERMITTED USES - Accessory Buildings and Uses - refer to Section 4.2 - Boarding Houses - Dwellings, Groups - refer to Sections 6.7.2.1 and 6.7.2.2 - Dwellings, Manufactured, Type 1 - Dwellings, Multiple - refer to Sections 6.7.2.1 and 6.7.2.2 - Dwellings, One Unit - Dwellings, Semi-Detached - Dwellings, Townhouses - refer to Sections 6.7.2.1 and 6.7.2.2 - Dwellings, Two Unit - refer to Section 6.7.2.2 - Family Day Care Homes - refer to Section 4.11 - Home Occupations - refer to Section 4.14 - Independent Living Suites - refer to Section 4.15 - Keeping of up to five boarders in an OUD - Keeping of two boarders in each unit of a TUD or SDD - Outdoor Recreation Facilities - Public Parks - Residential Care Homes - Type 1 - refer to Section 4.8 - Secondary Suites (Bylaw No. 5589, 2019; Bylaw No. 5641, 2021) 70 DISCRETIONARY USES - Bed and Breakfast Homes - refer to Section 4.4 - Community Service/Institutional - Custodial Care Homes - Type 1 - refer to Section 4.8 - Custodial Care Homes - Type 2 - refer to Section 4.8 - Day Care Centres/Pre-Schools - refer to Section 4.9 - Dwellings, Manufactured, Type 2 - Market Gardens - Parking Areas - Places of Worship - Private Schools - Supportive Housing - refer to Section 6.7.2.2 - Residential Care Homes - Type 2 - refer to Section 4.8 (Bylaw No. 5589, 2019; Bylaw No. 5641, 2021) 6.7.2 NOTES TO DEVELOPMENT STANDARDS 1. For multiple unit dwellings, and townhouses in dwelling groups, there shall not be more than 9 units. (Bylaw No. 5641, 2021) 2. No side yards are required for interior units, which are connected by a common wall or in between buildings situated on one site. 3. For Lots 1 - 28, Block 14 and Lots 15 - 37, Block 15, Westheath, Plan 78MJ08458: a) The front yard setback is 3.0 m; b) No front access garages or driveways will be permitted however a double wide rear access garage pad is required at the time of house construction: i. The garage pad must be poured concrete; ii. The minimum size for the double wide garage pad is 20' x 20' (width may be adjusted based on utility location); iii. Rear detached garages should be consistent with the house in style, finish and colour; iv. Garages and garage pads may not be constructed over any underground utilities. 4. Parking requirements found in Section 5. 5. In some cases, an established building line on front site lines has been established - Refer to Section 3.9.1. (Bylaw No. 5589, 2019) 71 6.8 R3 HIGH DENSITY RESIDENTIAL DISTRICT 6.8.1 PURPOSE The purpose of the R3 High Density Residential District is to provide for a variety of developments including those of a high-density form, as well as complementary community uses. Minimum Development Standards and Site Regulations in Metres (unless otherwise indicated in Section 6.8.2) Site Frontage Site Area (m2) Front Yard Rear Yard Interior Site Rear Yard Corner Site Side Yard Maximum Building Height Max Site Coverage 7.5 225 6 7.5 - or 25% of site depth whichever is less 4.5 1.2 - or 10% of site width whichever is less 15 40% (Bylaw No. 5589, 2019) PERMITTED USES - Accessory Buildings and Uses - refer to Section 4.2 - Bed and Breakfast Homes - refer to Section 4.4 - Boarding House - Boarding Apartment - Custodial Care Homes - Type 2 - refer to Section 4.8 - Dwellings, Groups - refer to Section 6.8.2.4 - Dwellings, Multiple Unit - refer to Section 6.8.2.1 - Dwellings, Semi-Detached - refer to Section 6.8.2.5 - Dwellings, Townhouses - refer to Sections 6.8.2.3 and 6.8.2.4 - Dwellings, Two Unit - Family Day Care Homes - refer to Section 4.11 - Home Occupations - refer to Section 4.14 - Independent Living Suites - refer to Section 4.15 - Keeping of up to five boarders in an OUD - Keeping of two boarders in each unit - Outdoor Recreation Facilities - Public Parks - Residential Care Homes - Type 1 - refer to Section 4.8 - Residential Care Homes - Type 2 - refer to Section 4.8 - Residential Care Homes - Type 3 - refer to Sections 4.8 - Secondary Suites (Bylaw No. 5589, 2019; Bylaw No. 5641, 2021, Bylaw No. 5744, 2025) 72 DISCRETIONARY USES - Community Service/Institutional - Custodial Care Homes - Type 1 - refer to Section 4.8 - Custodial Care Homes - Type 2 - refer to Section 4.8 - Custodial Care Homes - Type 3 - refer to Section 4.8 - Day Care Centres/Pre-Schools - refer to Section 4.9 - Dwellings, One Unit - Dwellings, Manufactured, Type 1 - Market Gardens - Medical Clinics - Parking Areas - Personal Service Establishments - Places of Worship - Private Schools - Supportive Housing - refer to Section 6.8.2.3 (Bylaw No. 5589, 2019; Bylaw No. 5641, 2021, Bylaw No. 5744, 2025) 6.8.2 NOTES TO DEVELOPMENT STANDARDS 1. Site coverage for dwellings in dwelling groups may be increased for attached covered patios or decks by the percentage of the area covered by such patio or deck. The total site coverage shall not exceed 70% for rectangular sites or 60% for corner sites. 2. A side yard of not less than 1.5m in width throughout and a rear yard of not less than 3m in width throughout shall be provided for dwellings in dwelling groups with an attached covered patio or deck. 3. In the case of a rear lane being provided no parking or vehicular access will be allowed in the front yard. 4. No side yards are required for interior units, which are connected by a common wall or in between buildings situated on one site. 5. Parking requirements found in Section 5 6. In some cases, an established building line on front site lines has been established - Refer to Section 3.9.1 (Bylaw No. 5589, 2019) 73 6.9 R4 CORE MIXED RESIDENTIAL DISTRICT 6.9.1 PURPOSE The purpose of the R4 Core Mixed Residential District is to provide the opportunity for commercial and residential developments to co-exist in a non-intrusive fashion. Minimum Development Standards and Site Regulations (unless otherwise indicated in Section 6.9.2) Site Frontage Site Area (m2) Front Yard Rear Yard Interior Site Rear Yard Corner Site Side Yard Maximum Building Height Max Site Coverage 15 450 6 4.5 - or 25% of site depth whichever is less 4.5 1.2 - or 10% of site width whichever is less 45 50% (Bylaw No. 5589, 2019; Bylaw No. 5641, 2021) PERMITTED USES - Accessory Buildings and Uses - refer to Section 4.2 - Bed and Breakfast Homes - refer to Section 4.4 - Boarding Apartment - Boarding House - Custodial Care Homes - Type 1 - refer to Section 4.8 - Custodial Care Homes - Type 2 - refer to Section 4.8 - Custodial Care Homes - Type 3 - refer to Section 4.8 - Dwellings, Group - refer to Sections 6.9.2.1 and 6.9.2.2 - Dwellings, Multiple Unit - refer to Section 6.9.2.2 - Dwellings, Townhouse - refer to Sections 6.9.2.4 and 6.9.2.5 - Dwellings, Units - refer to Section 6.9.2.3 - Family Day Care Homes - refer to Section 4.11 - Home Occupations - refer to Section 4.14 - Independent Living Suites - refer to Section 4.15 - Keeping of up to five boarders in an OUD - Medical Clinics - Offices - Outdoor Recreation Facilities - Personal Service Establishments - Public Parks - Restaurants - Retail Stores - Residential Care Homes - Type 1 - refer to Section 4.8 - Residential Care Homes - Type 2 - refer to Section 4.8 - Residential Care Homes - Type 3 - refer to Section 4.8 - Secondary Suites - refer to Section 4.23 (Bylaw No. 5589, 2019; Bylaw No. 5641, 2021, Bylaw No. 5744, 2025) 74 DISCRETIONARY USES - Community Service/Institutional - Day Care Centres/Pre-Schools - refer to Section 4.9 - Dwellings, One Unit - refer to Section 6.9.2.2 - Dwellings, Manufactured, Type 1 - refer to Section 6.9.2.2 - Dwellings, Two Unit - refer to Section 6.9.2.2 - Dwellings, Semi Detached - refer to Section 6.9.2.6 - Funeral Homes - Hotels - Licensed Facility - Market Gardens - Parking Areas - Places of Worship - Private Schools - Supportive Housing (Bylaw No. 5589, 2019; Bylaw No. 5641, 2021, Bylaw No. 5744, 2025) 6.9.2 NOTES TO DEVELOPMENT STANDARDS 1. Site coverage for dwellings in dwelling groups may be increased for attached covered patios or decks by the percentage of the area covered by such patio or deck. The total site coverage shall not exceed 70% for rectangular sites or 60% for corner sites. 2. A side yard of not less than 1.5m in width throughout and a rear yard of not less than 3m in width throughout shall be provided for dwellings in dwelling groups with an attached covered patio or deck. 3. Permitted in conjunction with any permitted or approved discretionary use and located in the same building. 4. In the case of a rear lane being provided no parking or vehicular access will be allowed in the front yard 5. No side yards are required for interior lane units, which are connected by a common wall or in between buildings situated on one site. 6. Site Frontage of 7.5m; Site Area of 225m2; Front Yard of 6m 7. Parking requirements found in Section 5 8. In some cases, an established building line on front site lines has been established - Refer to Section 3.9.1 (Bylaw No. 5589, 2019) 75 6.10 R5 ACREAGE RESIDENTIAL DISTRICT 6.10.1 PURPOSE The purpose of the R5 Acreage Residential District is to provide area for residential acreages without permitting an intensity of development, which would require the provision of urban facilities and services. (Bylaw No. 5589, 2019) PERMITTED USES - Accessory Buildings and Uses - refer to Section 4.2 - Boarding Houses - refer to Sections 6.10.2.1 and 6.10.2.2 - Dwellings, Manufactured, Type 1 - refer to Section 6.10.2.1 and 6.10.2.2 - Dwellings, One Unit - refer to Sections 6.10.2.1 and 6.10.2.2 - Family Day Care Homes - refer to Section 4.11 - Home Occupations - refer to Section 4.14 - Independent Living Suites - refer to Section 4.15 - Keeping of up to five boarders in an OUD - Outdoor Recreation Facilities - Public Parks - Residential Care Homes - Type 1 - refer to Section 4.8 (Bylaw No. 5589, 2019) DISCRETIONARY USES - Bed and Breakfast Homes - refer to Section 4.4 - Day Care Centres/Pre-Schools - refer to Section 4.9 - Dwellings, Manufactured, Type 2 - refer to Sections 6.10.2.1 and 6.10.2.2 - Kennel, Boarding or Breeding - refer to Section 4.17 - Market Gardens - Places of Worship - refer to Section 6.10.2.3 - Secondary Suites - refer to Sections 4.23 (Bylaw No. 5589, 2019; Bylaw No. 5641, 2021) 6.10.2 NOTES TO DEVELOPMENT STANDARDS 1. Maximum front yard of 30m, except for lots fronting Caribou St W. which shall have a maximum of 55m 2. Rear Yard Interior Site - 60% of site depth except lots fronting on Caribou St W which shall be 25% of the site depth Minimum Development Standards and Site Regulations in Metres (Unless otherwise indicated in Section 6.10.2) Site Frontage Site Area (m2) Front Yard Rear Yard Interior Site Rear Yard Corner Site Side Yard Maximum Building Height Maximum Site Coverage 45 8000 7.5 7.5 4.5 1.2 15 17% 76 3. Site Coverage of 50% 4. Parking requirements found in Section 5 5. In some cases, an established building line on front and side site lines has been established - Refer to Section 3.9.1. (Bylaw No. 5589, 2019) 6.11 R6 MOBILE AND MANUFACTURED HOME RESIDENTIAL DISTRICT 6.11.1 PURPOSE The purpose of this district is to ensure the development of Mobile Home subdivisions in an environment appropriate for residential use. (Bylaw No. 5589, 2019) PERMITTED USES - Accessory Buildings and Uses - refer to Section 4.2 - Dwellings, Manufactured, Type 1 and Type 2 - Dwellings, One Unit - Dwelling, Mobile Home - Family Day Care Homes - refer to Section 4.11 - Home Occupations - refer to Section 4.14 - Keeping of up to five boarders in an OUD - Outdoor Recreation Facilities - Public Parks (Bylaw No. 5589, 2019; Bylaw No. 5641, 2021) DISCRETIONARY USES - Community Service/Institutional - Convenience Stores - Day Care Centres/Pre-Schools - refer to Section 4.9 - Market Gardens - Mobile Home Parks - refer to Section 4.18 - Personal Service Establishments - Places of Worship (Bylaw No. 5589, 2019; Bylaw No. 5641, 2021) Minimum Development Standards and Site Regulations in Metres (Unless otherwise indicated in Section 6.11.2) Site Frontage Site Area (m2) Front Yard Rear Yard Interior Site Rear Yard Corner Site Side Yard Maximum Building Height Maximum Site Coverage 12 375 3 1.5 1.5 - where there is no rear lane the minimum shall be 3m 1.5 4.5 40% 77 6.11.2 NOTES TO DEVELOPMENT STANDARDS 1. Parking requirements found in Section 5 2. In some cases, an established building line on front site lines has been established - Refer to Section 3.9.1. (Bylaw No. 5589, 2019) 6.12 R7 CITY FRINGE RESIDENTIAL DISTRICT 6.12.1 PURPOSE The purpose of the R7 City Fringe Residential District is to provide an area for clustered residential development, which requires urban facilities and services especially piped water and communal sewage disposal (which may involve actual City sewer connections). (Bylaw No. 5589, 2019) PERMITTED USES - Accessory Buildings and Uses - refer to Section 4.2 - Boarding Houses - Dwellings, Manufactured, Type 1 - Dwellings, One Unit - Family Day Care Homes - refer to Section 4.11 - Home Occupations - refer to Section 4.14 - Keeping of up to five boarders in an OUD - Outdoor Recreation Facilities - Public Parks - Residential Care Homes - Type 1 - refer to Section 4.8 (Bylaw No. 5589, 2019; Bylaw No. 5641, 2021) DISCRETIONARY USES - Bed and Breakfast Homes - refer to Section 4.4 - Day Care Centres/Pre-Schools - refer to Section 4.9 - Market Gardens - Places of Worship - Secondary Suites - Residential Care Homes - Type 2 - refer to Section 4.8 (Bylaw No. 5589, 2019; Bylaw No. 5641, 2021) Minimum Development Standards and Site Regulations in Metres (Unless otherwise indicated in Section 6.12.2) Site Frontage Site Area (m2) Front Yard Rear Yard Interior Site Rear Yard Corner Site Side Yard Maximum Building Height Maximum Site Coverage 15 1,116 7.5 3 3 3 - or 10% of site width whichever is less 15 40% 78 6.12.2 NOTES TO DEVELOPMENT STANDARDS 1. Parking requirements found in Section 5 2. In some cases, an established building line on front site lines has been established - Refer to Section 3.9.1. (Bylaw No. 5589, 2019; Bylaw No. 5641, 2021) SECTION 7 - COMMERCIAL ZONING DISTRICT AND REGULATIONS 7.1 C1 NEIGHBOURHOOD COMMERCIAL DISTRICT 7.1.1 PURPOSE The purpose of the C1 Neighbourhood Commercial District is to provide an area that permits commercial uses at a neighbourhood scale that will serve the daily needs of the residents of the district. (Bylaw No. 5589, 2019) PERMITTED USES - Accessory Buildings and Uses - refer to Section 4.2 - Art Galleries - Bakeries - Convenience Stores - Dry Cleaners - Dwelling units or multiple dwelling units in conjunction with and attached to any other permitted use - refer to Section 7.1.2.5 - Financial Institutions - Home Occupations - refer to Section 4.14 - Medical Clinics - Minor Shopping Centres - Offices - Personal Service Establishments - Photography Studios - Retail Stores - refer to Section 7.1.2.2 - Restaurants - refer to Section 7.1.2.2 - Veterinary Clinics - Type 1 (Bylaw No. 5589, 2019; Bylaw No. 5641, 2021) Minimum Development Standards and Site Regulations in Metres (Unless otherwise indicated in Section 7.1.2) Site Frontage Site Area (m2) Front Yard Rear Yard Interior Site Rear Yard Corner Site Side Yard Minimum Building Floor Area (m2) Maximum Building Height Maximum Site Coverage 15 450 7.5 7.5 4.5 1.2 35 11 50% 79 DISCRETIONARY USES - Car Washing Establishments - Commercial/Institutional Recreation Establishments - Day Care Centres/Pre-Schools - refer to Section 4.9 - Dwellings, One Unit - Gas Bars - Licensed Facilities in conjunction with and attached to a restaurant - refer to Section 7.1.2.2 - Market Gardens and Greenhouses - Pet Grooming & Training - Places of Worship - Private Schools - Service Stations (Bylaw No. 5589, 2019; Bylaw No. 5641, 2021) 7.1.2 NOTES TO DEVELOPMENT STANDARDS 1. A maximum of 50 seats is allowed. 2. The maximum building floor area of each restaurant or retail store on a site shall not exceed 325 square metres. 3. Where a C1 District abuts any R District without the intervention of a street or lane, a side yard shall be provided of a width of not less than 1.5 metres for the side yard abutting the R District. 4. Parking requirements found in Section 5. 5. Dwelling units and multiple dwelling units shall not be located at grade. (Bylaw No. 5589, 2019; Bylaw No. 5641, 2021) 7.2 C1B MIXED USE NEIGHBOURHOOD COMMERCIAL DISTRICT 7.2.1 PURPOSE The purpose of the C1B Mixed Use Neighbourhood Commercial District is to provide an area that permits mixed use development which may include a limited range of commercial and institutional, and medium density residential uses that are generally compatible with residential land uses and are intended to serve convenience needs of residents within that neighbourhood. (Bylaw No. 5589, 2019) Minimum Development Standards and Site Regulations in Metres (Unless otherwise indicated in Section 7.2.2) Site Frontage Site Area (m2) Front Yard Rear Yard Interior Site Rear Yard Corner Site Side Yard Minimum Building Floor Area (m2) Maximum Building Height Maximum Site Coverage 7.5 225 0 7.5 4.5 0 - 14 50% 80 PERMITTED USES - Accessory Buildings and Uses - refer to Section 4.2 - Art Galleries - Bakeries - Convenience Stores - Dry Cleaners - Dwelling units or multiple dwelling units in conjunction with and attached to any other permitted use - refer to Section 7.2.2.1 - Financial Institutions - Home Occupations - refer to Section 4.14 - Medical Clinics - Minor Shopping Centres - Offices - Personal Service Establishments - Photography Studios - Retail Stores - refer to Section 7.2.2.2 - Restaurants - refer to Section 7.2.2.2 - Veterinary Clinics - Type 1 (Bylaw No. 5589, 2019; Bylaw No. 5641, 2021) DISCRETIONARY USES - Car Washing Establishments - Commercial/Institutional Recreation Establishments - Day Care Centres/Pre-Schools - refer to Section 4.9 - Dwellings, One Unit - Gas Bars - Licensed Facilities in conjunction with and attached to a restaurant - refer to Sections 7.2.2.2 - Market Gardens and Greenhouses - Pet Grooming - Places of Worship - Private Schools (Bylaw No. 5589, 2019; Bylaw No. 5641, 2021) 7.2.2 NOTES TO DEVELOPMENT STANDARDS 1. Dwelling units or multiple dwelling units shall not be located at grade. 2. The maximum building floor area of each restaurant or retail store on a site shall not exceed 325 square metres. 3. Where a C1B District abuts any R District without the intervention of a street or lane, a side yard shall be provided of a width of not less than 1.5 metres for the side yard abutting the R District. 4. Parking requirements found in Section 5. (Bylaw No. 5589, 2019) 81 7.3 C2 HIGH DENSITY COMMERCIAL DISTRICT 7.3.1 PURPOSE The purpose of the C2 High Density Commercial District is to provide an area with a wide range of commercial, institutional and residential uses in high-density form. (Bylaw No. 5589, 2019) PERMITTED USES - Accessory Buildings and Uses - refer to Section 4.2 - Boarding Apartments - Boarding Houses - Bus Terminals - Casinos - Cannabis Retail Store - refer to Section 4.30 - Carnivals - refer to Section 4.6 - Catering Kitchens - Commercial/Institutional Recreation Establishments - Community Service/Institutional - Cultural Institutions - Dry Cleaners - Dwellings, Groups - refer to Section 7.3.2.1 - Dwellings, Multiple Unit - refer to Section 7.3.2.1 - Dwellings, Units - refer to Sections 7.3.2.1 and 7.3.2.2 - Entertainment Establishments - Financial Institutions - Funeral Homes - Grocery Stores - Home Occupations - refer to Section 4.14 - Hotels - Licensed Facility - Major Shopping Centres - Medical Clinics - Medical, Dental, Optical Laboratories - Minor Shopping Centres - Motels - Municipal Facilities Minimum Development Standards and Site Regulations in Metres (Unless otherwise indicated in Section 7.3.2) Site Frontage Site Area (m2) Front Yard Rear Yard Side Yard Minimum Building Floor Area (m2) Maximum Building Height Maximum Site Coverage 7.5 230 0 0 0 55 45 100% 82 - Night Clubs - Offices - Outdoor Recreation Facilities - Parking Areas and Structures - Personal Service Establishments - Pet Grooming & Training - Photography Studios - Places of Worship - Police Stations and Fire Halls - Post Offices - Printing Plants/Newspaper Offices - Public Parks - Radio and Television Studios - Restaurants - Retail Stores - Secondary Suites - refer to Section 4.23 - Theatres (Bylaw No. 5589, 2019; Bylaw No. 5641, 2021; Bylaw No. 5740, 2025, Bylaw No. 5744, 2025) DISCRETIONARY USES - Auction Centres - Car/Truck Wash Establishments - Custodial Care Homes - Type 1 - refer to Section 4.8 - Custodial Care Homes - Type 2 - refer to Section 4.8 - Day Care Centres/Pre-Schools - refer to Section 4.9 - Dwellings, One Unit - refer to Sections 7.3.2.1 and 7.3.2.4 - Dwellings, Two Unit - refer to Sections 7.3.2.1 and 7.3.2.4 - Licensed Facility - Market Gardens - Micro Breweries/Distilleries - Private Clubs - Private Schools - Recycling Collection Depots - Residential Care Homes - Type 1 - refer to Section 4.8 - Residential Care Homes - Type 2 - refer to Section 4.8 - Residential Care Homes - Type 3 - Service Stations and Gas Bars - Supportive Housing - refer to Section 7.3.2.1 - Vehicle Rentals, Sales and Service Centres - Veterinary Clinics - Type 1 or Type 2 (Bylaw No. 5589, 2019; Bylaw No. 5641, 2021, Bylaw No. 5744, 2025) 7.3.2 NOTES TO DEVELOPMENT STANDARDS 1. For residential uses in this District, a rear yard shall be provided of not less than 7.5m in depth for interior sites or less than 4.5m in depth for corner sites. 83 2. Permitted in conjunction with any permitted or approved discretionary use and located in the same building. 3. If a side yard is provided, it shall be 1.2m. 4. Side yard of 1.2m or 10% of the site width, whichever is less. 5. Parking requirements found in Section 5 (Bylaw No. 5589, 2019) 7.4 C3 VEHICLE-ORIENTED COMMERCIAL DISTRICT 7.4.1 PURPOSE The purpose of the C3 Vehicle-Oriented Commercial District is to provide an area with a wide range of commercial uses that serve automobile-oriented customers. (Bylaw No. 5589, 2019) PERMITTED USES - Accessory Buildings and Uses - refer to Section 4.2 - Cannabis Retail Store - refer to Section 4.30 - Cannabis Production Facility - refer to Sections 4.30 and 7.4.2.6 - Car/Truck Washing Establishments - Carnivals - refer to Section 4.6 - Catering Halls and Kitchens - Commercial/Institutional Recreation Establishments - Community Service/Institutional - Convenience Store - Cultural Institutions - Entertainment Establishments - Financial Institutions - Grocery Stores - Hotels - Licensed Facility - Major Shopping Centres - refer to Section 7.4.2.2 - Medical Clinics - Medical, Dental, Optical Laboratories - Minor Shopping Centres - refer to Section 7.4.2.2 - Motels - Municipal Facilities Minimum Development Standards and Site Regulations in Metres (Unless otherwise indicated in Section 7.4.2) Site Frontage Site Area (m2) Front Yard Rear Yard Side Yard Minimum Building Floor Area (m2) Maximum Building Height Maximum Site Coverage 30 960 6 7.5 3 95 15 50% 84 - Offices - Outdoor Recreation Facilities - Parking Areas and Structures - Personal Service Establishments - Photography Studios - Police Stations and Fire Halls - Post Offices - Printing Plants/Newspaper Offices - Public Parks - Recycling Collection Depots - Restaurants - Retail Stores - Service Stations and Gas Bars - Theatres - Vehicle Rentals, Sales and Service Centres (Bylaw No. 5589, 2019) DISCRETIONARY USES - Amusement Parks - Auction Centres - Autobody Shops - Building Supply Establishments - Bus Terminals - Contractor's Offices and Yards - Day Care Centres/Pre-Schools - refer to Section 4.9 - Farm Supply Stores - Fertilizer Supply Plants - Funeral Homes - Industrial, Light - refer to Section 7.4.2.4 - Indoor Storage Rental Facilities - Micro Breweries/Distilleries - Mobile Home Parks - refer to Section 4.18 - Night Clubs - Pet Grooming & Training - Petroleum Storage and Distributing Stations - Places of Worship - Plumbing/Electrical Supplies and Service - Private Clubs - Radio and Television Stations - Trailer and Tourist Camps - Truck Terminals and Warehousing - Veterinary Clinics - Type 1 (Bylaw No. 5589, 2019; Bylaw No. 5641, 2021) 85 7.4.2 NOTES TO DEVELOPMENT STANDARDS 1. Accessory Buildings and Uses are subject to the following provisions: a. No accessory building shall be located closer than 1.5m to any side or rear property line if the site is located adjacent to a residential district without the intervention of a street or lane. b. No accessory building erected on a corner site shall be nearer than 1.5m to the flanking street or lane. 2. The uses contained in Shopping Centres (Major and Minor) shall be limited to the Permitted and approved Discretionary Uses allowed in this District. 3. A light or heavy industrial use that: a. Abuts a Residential, Commercial, or Community Service/Institutional District or lots without the intervention of a street or lane, shall have an abutting side yard of not less than 3m in width. b. Is on a corner site where the side yard adjoins the street, shall have a side yard setback of not less than 1.5m. 4. Cannabis Production Facilities are permitted in the C3 District only within Grayson Business Park, legally defined as: - Blocks 1-5, Plan 81MJ083260 - Blocks 3,5, & 8, Plan 102005367 - Lot 9, Block 6, Plan 99MJ13140 - Lot 3, Block 7, Plan 101237981 - Lot 17A, Block 4, Plan 101943402 - Lot 13A, Block 4, Plan 102110184 - Lot A, Block 6, Plan 101161718 - Lot 15A, Block 3, Plan 102083060 - Lot 6, Block 7, Plan 101871255 - Lot A, Block 4, Plan 00MJ10193 - Lot 7, Block 4, Plan 101161729 - Lot 29, Block 3, Plan 102089583 - Lot 4&5, Block 1, Plan 84MJ02724 - Lot 8A, Block 5, Plan 101950646 - Lot 5, Block 7, Plan 101871255 5. Parking requirements found in Section 5 (Bylaw No. 5589, 2019; Bylaw No. 5641, 2021) 86 SECTION 8 - INDUSTRIAL ZONING DISTRICTS AND REGULATIONS 8.1 M1 LIGHT INDUSTRIAL DISTRICT 8.1.1 PURPOSE The purpose of the Light Industrial District is to provide for a wide variety of industrial and manufacturing uses, with some associated commercial and service establishments that are generally related to the central business district. These uses shall not include industries that may be offensive or objectionable by reason of noise, smell or other forms of pollution. PERMITTED USES - Accessory Buildings and Uses - refer to Sections 4.2 and 8.1.2.3 - Ambulance Stations - Auction Centres - Autobody Shops - Breweries, Wineries and Distilleries - Building Supply Establishments - Butcher Shops - Car/Truck Washing Establishments - Commercial/Institutional Establishments - Contractor's Offices and Yards - Dry Cleaners - Entertainment Establishments - Equipment Sales and Service - Fabrication and Welding Shops - Farm Supply Stores - Funeral Homes - Furniture Stores - General Warehousing and Wholesale Vending Facilities - Kennels, Boarding and Breeding - Licensed Facility - Light Industrial Uses (including Industrial Complexes) - refer to Section 8.1.2.2 - Indoor Storage Rental Facilities - Medical, Dental, Optical Laboratories - Municipal Facilities - Offices Minimum Development Standards and Site Regulations in Metres (Unless otherwise indicated in Section 8.1.2) Site Frontage Site Area (m2) Front Yard Rear Yard Side Yard Interior Site Side Yard Corner Site Minimum Building Floor Area (m2) Maximum Building Height Maximum Site Coverage 15 450 0 7.5 1.2 1.5 55 11 50% 87 - Outdoor Recreation Facilities - Parking Areas and Structures - Printing Plants/Newspaper Offices - Public Parks - Recycling Collection Depots - Radio/Television Studios - Restaurants - Service Stations and Gas Bars - Truck Terminals and Warehousing - Vehicle Rentals, Sales and Service Centres - Veterinary Clinics - Type 1 or Type 2 (Bylaw No. 5589, 2019; Bylaw No. 5641, 2021) DISCRETIONARY USES - Food Processing (Heavy Industrial) - refer to Section 8.1.2.2 - Greenhouses - Machinery/Equipment Storage - Machine Shops - Micro Breweries/Distilleries - Outdoor Storage - Personal Service Establishments - Pet Grooming & Training - Petroleum Storage and Distributing Stations - Private Clubs - Retail Stores (Bylaw No. 5589, 2019; Bylaw No. 5641, 2021) 8.1.2 NOTES TO DEVELOPMENT STANDARDS 1. Where a light or heavy industrial use abuts a residential, commercial or community service/institutional district without the intervention of a street or lane, an abutting side yard shall be provided of not less than 3m in width. 2. For Light and Heavy Industrial Uses as defined in this Bylaw, development standards (including separation distances from other uses) may be used to ensure that only small to medium-sized industries are allowed in this District, to prevent land use conflict and to protect the health, safety and general welfare of the inhabitants of the City. Except for activities such as packing, loading or outdoor storage, the development shall not be apparent outside the principle or accessory enclosed buildings on the site. 3. Accessory Buildings and Uses are subject to the following provisions: a. No accessory building shall be located closer than 1.5m to any side or rear property line if the site is located adjacent to a residential district without the intervention of a street or lane. 88 b. No accessory building erected on a corner site shall be nearer than 1.5m to the flanking street or lane. 4. Parking requirements found in Section 5 (Bylaw No. 5589, 2019) 8.2 M2 HEAVY INDUSTRIAL DISTRICT 8.2.1 PURPOSE The purpose of the M2 Heavy Industrial District is to provide for large scale and major industrial uses that may have large land requirements and may produce noise, smell or other forms of pollution. (Bylaw No. 5589, 2019) PERMITTED USES - Accessory Buildings and Uses - refer to Sections 4.2 and 8.2.3.2 - Ambulance Stations - Autobody Shops - Breweries, Wineries, and Distilleries - Building Supply Establishments - Butcher Shops - Cannabis Production Facility - Car/Truck Washing Establishments - Contractor's Offices and Yards - Commercial/Institutional Recreation Establishments - Equipment Sales and Service - Fabrication and Welding Shops - Farm Supply Stores - General Warehousing and Wholesale Vending Facilities - Greenhouses - Heavy Industrial Uses (including Industrial Complexes) - refer to Section 8.2.3.1 - Indoor Storage Rental Facilities - Kennels, Breeding or Boarding - Machinery Equipment/Storage - Municipal Facilities - Offices - Outdoor Recreation Facilities - Outdoor Storage Minimum Development Standards and Site Regulations in Metres (Unless otherwise indicated in Section 8.2.3) Site Frontage Site Area (m2) Front Yard Rear Yard Side Yard Side Yard abutting other Districts Maximum Building Height Maximum Site Coverage 30 930 9 7.5 1.5 3 45 60% 89 - Parking Areas and Structures - Pet Grooming & Training - Personal Service Establishments - Plumbing or Electrical Sales/Service - Printing Plants/Newspaper Offices - Public Parks - Recycling Collection Depots - Restaurants - Service Stations and Gas Bars - Taxi Depots - Truck Terminals/Warehousing - Vehicle Rentals, Sales and Service Centres - Veterinary Clinics - Type 1 or Type 2 (Bylaw No. 5589, 2019; Bylaw No. 5641, 2021) DISCRETIONARY USES - Abattoirs / Slaughterhouses - Adult Entertainment Establishments - Fertilizer Storage Facility - Furniture Stores - Grain Terminals - Junk, Salvage, Auto Wrecking Yards - refer to Section 4.16 - Licensed Facilities - Light Industrial Uses - Municipal Sanitary Landfills - Petroleum Storage and Distribution Stations (Bylaw No. 5589, 2019; Bylaw No. 5641, 2021) PROHIBITED USES The following list shows the legal land descriptions of all existing Intensive Livestock Operations in this District. These are all classed as Prohibited Uses in this Bylaw. 1. Portion of Parcel B, Plan No. C.E. 2991 Ext. 1, civically known as 2750 River Street West. (Bylaw No. 5657, 2021) 8.2.2 SPECIAL REGULATIONS FOR EXISTING PROHIBITED USES Normal Maintenance and upkeep of existing ILO buildings (includes all structures) within this District will be permitted, however no expansion or structural alteration of existing buildings (principal and accessory) will be permitted except as provided in Sections 92-96 of the Act. 8.2.3 NOTES TO DEVELOPMENT STANDARDS 1. For Light and Heavy Industrial Uses as defined in this Bylaw, development standards (including separation distances from other uses) may be used to ensure that only small to medium-sized industries are allowed in this District, to prevent land use conflict and to protect the health, safety and general welfare of the 90 inhabitants of the City. Except for activities such as packing, loading or outdoor storage, the development shall not be apparent outside the principle or accessory enclosed buildings on the site. 2. Accessory Buildings and Uses are subject to the following provisions: a. No accessory building shall be located closer than 1.5m to any side or rear property line if the site is located adjacent to a residential district without the intervention of a street or lane. b. No accessory building erected on a corner site shall be nearer than 1.5m to the flanking street or lane. 3. Parking requirements found in Section 5. (Bylaw No. 5589, 2019) 8.3 M3 MIXED USE BUSINESS PARK INDUSTRIAL DISTRICT 8.3.1 PURPOSE The purpose of the M3 Mixed Use Business Park District is to provide an area for business and light industrial users that are seeking a high quality comprehensively planned environment. PERMITTED USES - Accessory Buildings and Uses - refer to Sections 4.2 and 8.3.2.3 - Autobody Shops - Building Supply Establishments - Contractor's Offices and Yards - Commercial/Institutional Recreation Establishments - Educational Institutions - Entertainment Establishments - Financial Institutions - General Warehousing and Wholesale Vending Facilities - Greenhouses - Indoor Storage Rental Facilities - Light Industrial Uses - refer to Section 8.3.2.4 - Medical Clinics - Offices - Outdoor Recreation Facilities - Personal Service Establishments - Plumbing or Electrical Sales/Service Minimum Development Standards and Site Regulations in Metres (Unless otherwise indicated in Section 8.3.2) Site Frontage Site Area (m2) Front Yard Rear Yard Side Yard Side Yard abutting other Districts Maximum Building Height Maximum Site Coverage 30 930 9 7.5 1.5 3 11 50% 91 - Printing Plants/Newspaper Offices - Public Parks - Private Schools - Radio and Television Studios - Restaurants and Licensed Facilities - refer to Section 8.3.2.2 - Service Stations and Gas Bars - Vehicle Rentals, Sales and Service Centres - Veterinary Clinics - Type 1 or Type 2 - Welding and Fabrication Shops DISCRETIONARY USES - Car/Truck Washing Establishments - Day Care and Pre-Schools - Farm Supply Stores - Grain Terminals - Heavy Industrial Uses - refer to Section 8.3.2.3 - Hotels - Motels - Outdoor Storage - refer Section 4.20 - Private Clubs - Retail Sales - refer Sections 8.3.2.1 8.3.2 NOTES TO DEVELOPMENT STANDARDS 1. Retail Sales as Discretionary Uses: a. shall be limited to products manufactured or assembled on site; b. shall not occupy more than 10% of the gross floor area of the principal building. 2. The maximum floor area for a restaurant and licensed facility shall not exceed 200m2. a. The floor area of a licensed facility shall not exceed 50% of the floor area of an adjoining restaurant. 3. For Heavy Industrial Uses as defined in this Bylaw, development standards (including separation distances from other uses) may be used to prevent land use conflict and protect the health, safety and general welfare of the inhabitants of the City, due to the negative visual impact of the site or the noise, glare, heat, dust, odour, risk of fire, explosion or toxic substances which would result from the use. Except for activities such as packing, loading or outdoor storage, the development shall not be apparent outside the principal or accessory enclosed buildings on the site. 4. For Light Industrial Uses as defined in this Bylaw, development standards (including separation distances from other uses) may be used to ensure that only small to medium-sized industries are allowed in this District, to prevent land use conflict and to protect the health, safety and general welfare of the inhabitants of the City. 5. Parking requirements found in Section 5 (Bylaw No. 5589, 2019) 92 8.4 M4 ENVIRONMENTAL LOW SERVICE INDUSTRIAL DISTRICT 8.4.1 PURPOSE The purpose of the M4 Environmental Low Service Industrial District is to provide an area, which will include industrial activities that do not require full city services, or they handle environmentally sensitive or dangerous goods PERMITTED USES - Accessory Buildings and Uses including Offices - refer to Sections 4.2 - Building Supply Establishments - Cannabis Production Facility - Commercial/Institutional Recreation Establishments - Contractor's Offices and Yards - Farm Supply Stores - Equipment Sales and Service Establishments - General Warehousing and Wholesale Vending Facilities - Grain Terminals - Indoor Storage Rental Facilities - Light Industrial Uses - refer to Section 8.4.2.2 - Machinery and Equipment Storage - Outdoor Storage - refer to Section 4.20 - Service Stations and Gas Bars - Truck Terminals & Warehousing - Vehicle Rentals, Sales and Service Centres (Bylaw No. 5641, 2021) DISCRETIONARY USES - Auction Centres - Heavy Industrial Uses - refer to Section 8.4.2.1 - Junk, Salvage and Auto Wrecking Yards - refer to Section 4.16 - Outdoor Recreation Facilities - Photography Studios - Public Parks - Recycling Collection Depots - Welding and Fabrication Shops (Bylaw No. 5641, 2021) Minimum Development Standards and Site Regulations in Metres (Unless otherwise indicated in Section 8.4.2) Site Frontage Site Area (m2) Front Yard Rear Yard Side Yard Side Yard abutting other Districts Maximum Building Height Maximum Site Coverage 30 930 9 7.5 1.5 3 45 50% 93 8.4.2 NOTES TO DEVELOPMENT STANDARDS 1. For Heavy Industrial Uses as defined in this Bylaw, development standards (including separation distances from other uses) may be used to prevent land use conflict and protect the health, safety and general welfare of the inhabitants of the City, due to the negative visual impact of the site or the noise, glare, heat, dust, odour, risk of fire, explosion or toxic substances which would result from the use. Except for activities such as packing, loading or outdoor storage, the development shall not be apparent outside the principal or accessory enclosed buildings on the site. 2. For Light Industrial Uses as defined in this Bylaw, development standards (including separation distances from other uses) may be used to ensure that only small to medium-sized industries are allowed in this District, to prevent land use conflict and to protect the health, safety and general welfare of the inhabitants of the City. 3. Parking requirements found in Section 5. 8.5 RR RAILROAD DISTRICT 8.5.1 PURPOSE The purpose of the RR Railroad District is to provide an area for uses related to the operation of a railway, railway yards and rail passenger and freight terminals. The City of Moose Jaw does not regulate development associated with CN Rail or CP Rail. (Bylaw No. 5589. 2019) SECTION 9 - COMMUNITY SERVICE /INSTITUTIONAL DISTRICT AND REGULATIONS 9.1 CS COMMUNITY SERVICE AND INSTITUTIONAL DISTRICT 9.1.1 PURPOSE The purpose of the Community Service / Institutional District is to provide for a wide range of Institutional and Community activities, as well as limited residential uses on land with physical or servicing constraints or which is in other strategic areas. Minimum Development Standards and Site Regulations in Meters (unless otherwise indicated in Section 9.1.2) Site Frontage Site Area (m2) Front Yard Rear Yard Side Yard Maximum Building Height Max Site Coverage 30 930 7.5 7.5 3 - or 10% of site width whichever is less 15 50% 94 PERMITTED USES - Accessory Buildings and Uses - refer to Section 4.2 - Ambulance Stations - Carnivals - refer to Section 4.6 - Commercial/Institutional Recreation Establishments - Community Service/Institution - Cultural Institutions - Day Care/Pre-Schools - Educational Institution - Elementary Schools - Family Day Care Homes - Fire Halls - High Schools - Home Occupations - Hospitals - Medical Clinics - Municipal Buildings - Outdoor Recreational Facilities - Places of Worship - Private Schools - Public Parks - Secondary Suites - refer to Section 4.23 - Tourist Information Centres (Bylaw No. 5641, 2021) DISCRETIONARY USES - Amusement Parks - Bed & Breakfast Homes - refer to Section 4.4 - Boarding Homes - Boarding Apartments - Custodial Care Homes - Types 1, 2, or 3 - Dwellings, One Unit - Dwellings, Manufactured, Types 1 or 2 - Exhibition Grounds - Funeral Homes - Golf Courses - Greenhouses - Offices - Personal Service Establishments - Residential Care Homes - Type 1, 2 or 3 (Bylaw No. 5618, 2020; Bylaw No. 5641, 2021) 9.1.2 NOTES TO DEVELOPMENT STANDARDS 1. Parking regulations found in Section 5. (Bylaw No. 5589, 2019) 95 SECTION 10 - OTHER ZONING DISTRICTS AND REGULATIONS 10.1 FW - FLOODWAY AND SLUMP CONTROL REGULATIONS 10.1.1 FLOODWAY ZONING DISTRICT PURPOSE To regulate development in areas exposed to excessive flood hazards to minimize the hazard to persons and property. 10.1.2 PERMITTED, DISCRETIONARY AND PROHIBITED USES AND MINIMUM DEVELOPMENT STANDARDS Minimum Development Standards and Site Regulations in Meters (Unless otherwise indicated in Section 9.1.2) Site Frontage Site Area (m2) Front Yard Rear Yard Side Yard Maximum Building Height Maximum Site Coverage N/A N/A 7.5 7.5 3 6 N/A (Bylaw No. 5589, 2019) PERMITTED USES - Agricultural Uses - Greenhouses - Home Occupations in Legally Non-Conforming Existing, Prohibited One Unit Dwellings listed in this District - refer to Section 4.14 - Market Gardens - Outdoor Recreation Facilities - Public Parks (Bylaw No. 5589, 2019) DISCRETIONARY USES - Accessory Buildings and Uses - refer to Sections 4.2 - Campground, Trailer and Tourist Camp (Bylaw No. 5589, 2019) PROHIBITTED USES The following list shows the legal land descriptions of all existing single detached dwellings in FW Floodway Zone. These are all classed as Prohibited Uses in this Bylaw. 1) Lots One (1) and Two (2), Block Six (6), Registered Plan No. R.1941. 2) Lot Three (3) exc. West 2', Block One (1), Registered Plan No. CX 33. 3) Lot Eleven (11), Block Eight (8), Registered Plan No. CX 33. 4) Lot Two (2), Block Two, Registered Plan No. CX 33. 5) Lots Three (3) and Four (4), Block Two (2), Registered Plan No. CX 33. 6) West part of Lot Eight (8), Block (7), Registered Plan No. CX 33. 96 7) Lots Five (5) and Six (6), Block Eighteen (18), Registered Plan No. CX 126. 8) Lots Four (4) and part of Lot Five (5), Block Three (3), Registered Plan No. CX 33. 9) Lots Seven (7), Eight (8) and Nine (9), Block Three (3), Registered Plan No. CX 33. 10) Lots Thirty-Seven (37) and Thirty-Eight (38), Block Thirty-Two (32), Registered Plan No. N. 4537. 11) Lot Thirteen (13) exc. North 10', Lot Fourteen (14), Block Thirty-One (31), Lynbrook Heights, Registered Plan No. N. 4537. 12) Portion of the North West Quarter Section Thirty-Five (35), Township Sixteen (16), Range Twenty-Six (26) West of the Second Meridian (approximately One Hundred and Twenty-Six (126) acres plus or minus). 13) Lots 9 & 10, Block 7, Plan CX33. 14) Lot 6, Block B;10, Plan E1505; 101206707 15) Lots 7-9, Block B; E1505 (Bylaw No. 5589, 2019) 10.2 FLOOD FRINGE OVERLAY DISTRICTS - f.1 and f.2 10.2.1 PURPOSE To provide for orderly development and to reduce the potential for flood damage in areas subject to flood hazards. 10.2.2 f.1 and f.2 FLOOD FRINGE DISTRICTS In any land use District designated on the zoning map with the letter "f.1" or "f.2" following the zone symbol, all uses within that zone shall be subject to the special regulations. Example for illustrative purposes only: M2f.1 M2 - Heavy Industrial land use zone uses are permitted subject to the provisions of the f.1 zone. 10.2.2.2 f.1 FLOOD FRINGE DISTRICT All Flood Fringe f1 development shall comply with the following special provisions: i. the bottom of the joists of the first floor or the bottom surface of the slab on grade of the building or structure shall be 0.5m above the 1:500 design flood level; ii. no basement shall be permitted; iii. a development permit may be issued for accessory uses, structural alterations or additions to existing single detached dwellings, subject to the following conditions: (a) where accessory buildings are constructed at present grade, all heating plants, air conditioning, plumbing fixtures or electrical 97 panels shall be located 0.5m above the 1:500 Design Flood Level; and (b) where garages or carports are attached to the principal building at grade, all heating plants, air conditioning, plumbing fixtures or electrical panels shall be located 0.5m above the 1:500 Design Flood Level. 10.2.2.3 f.2 FLOOD FRINGE DISTRICT All Flood Fringe f2 development shall comply with the following special provisions: i. all heating plants, air conditioning and plumbing fixtures or electrical service shall be located 0.5m above the 1:500 Design Flood Level; and foundations and walls of any building or structure shall be flood proofed to an elevation 0.5m above the 1:500 design flood level and all plans for such shall be certified by a Professional Engineer or Architect. 10.3 SLUMP HAZARD OVERLAY DISTRICTS - s1 and s2 10.3.1 PURPOSE To provide for orderly development and safe construction in areas which are subject to slope instability. 10.3.2 SLUMP HAZARD OVERLAY - s DESIGNATION In any Zoning District designated on the zoning map with "s1" or "s2" following the symbol, all uses within that zone shall be subject to the special regulations specified in this section. Example for illustrative purposes: M2.s1 M2 - Heavy Industrial uses are permitted subject the provisions of the "s1" zone. 10.3.3 GENERAL SLUMP HAZARD DEVELOPMENT REGULATIONS The known slump areas in Moose Jaw were identified for the City by the 2001 Golder & Associates Geotechnical Report (hereafter referred to as the Golder Report). These areas are identified on the Zoning Maps as either s1 or s2. All development in the Slump control overlay zone shall comply with the following special provisions: i. Within any Overlay zone designated as slump hazard, no person shall, backfill, grade, deposit earth or other material, excavate, store goods or materials, or erect, expand or structurally alter any buildings or structures or begin any new development except as specifically provided herein. ii. Unless specifically exempted by Subsections 10.3.4 or 10.3.5 below, all developers of land or buildings in a Slump control overlay zone shall be required to supply the Development Officer with a more detailed, favourable Geotechnical Report that authorizes the specific proposed development (including any conditions, safe building areas, setbacks or specific development standards which are recommended) before any Development Permit may be issued for the development in question. 98 iii. Subject to the receipt of the report required by Subsection ii above, Council may, in its discretion permit such development to occur where they are satisfied that such development will not adversely affect the existing slope stability of that site, neighbouring properties, drainage courses or public facilities (e.g. roads, utilities). In the exercise of Council's discretion to allow the proposed development, they must also ensure that the use is for one of the Permitted or approved Discretionary Uses contained in the specific Zoning District affected by this overlay Zone. iv. Subject to the receipt of the report required by Subsection ii above, no future subdivision of that site shall be permitted unless the subdivision is for one of the Permitted Uses or approved Discretionary Uses allowed in the specific Zoning District which is affected by this overlay Zone. As well, in the opinion of City Council, the proposed subdivision must not adversely affect the existing slope stability, neighbouring properties, drainage courses or public facilities (e.g. roads, utilities) or prejudice the future economical subdivision or servicing of the subject land. v. Subject to the receipt of the report required by Subsection ii above, no new excavations shall occur except as otherwise provided by the City Engineer. vi. Subject to all other requirements of this Bylaw, upon issuance of a Development Permit within any slump hazard overlay zone, the City shall register an interest on the subject property title acknowledging the existence of the slump hazard overlay. (Bylaw No. 5641, 2021) 10.3.4 s1 DISTRICT The land included in this District has been classed as having a High to Moderate risk of slope failure by the Golder Report. This district is established as being calculated at 3:1 from the toe of the slope. These areas are shown on the Zoning Maps and Map 1 (Natural Development Constraints) which is part of the City's Official Community Plan and determined as shown in Figure 1 below. No new Principal Use shall be allowed on any land affected by this District. All existing Principal Uses on land affected by this District shall be classed as Legal, Non- Conforming Uses. Additions to existing detached accessory buildings, new detached accessory buildings and decks which are not attached to an existing Principal Use may be allowed at Council's discretion, subject to the receipt of a favourable Geotechnical Report referred to in Section 10.3.3ii. Unless the required Geotechnical Report referred to above recommends a different setback from the top of the potentially unstable slopes identified on the Zoning Maps, all new developments shall be required to have a minimum setback within a distance equivalent to a 3:1 distance (horizontal to vertical) from the toe of the particular slope. 10.3.5 s2 DISTRICT The land included in this District has been classed as having a Low to Low-Moderate risk of slope failure by the Golder Report This district is established as being the 30m setback from the upper limit of the s1 district. These areas are shown on the Zoning Maps 99 and Map 1 (Natural Development Constraints) which is part of the City's Official Community Plan and determined as shown in Figure 1 below. Subject to the receipt of a favourable Geotechnical Report referred to in Section 10.3.3ii, new Principal Uses maybe allowed on land affected by this District. Additions to existing Principal Uses or accessory buildings, new accessory buildings and decks which may be attached to an existing Principal Use may be allowed at Council's discretion, subject to the receipt of a favourable Geotechnical Report referred to in Section 10.3.3ii. Unless the required Geotechnical Report referred to above recommends a different setback from the top of the potentially-unstable slopes identified on the Zoning Maps, all new developments shall be required to have a minimum setback beyond the s2 district limit. Figure 1 10.4 UH - URBAN HOLDING DISTRICT 10.4.1 PURPOSE To ensure that lands, which are required for future urban development, are protected, to provide for an orderly transition from agricultural uses to other uses in areas planned for eventual urban development. (Bylaw No. 5589, 2019) Minimum Development Standards and Site Regulations in Metres (Unless shown otherwise) Site Frontage Site Area (m2) Front Yard Rear Yard Side Yard Maximum Building Height Maximum Site Coverage N/A N/A 7.5 7.5 3 11 40% 100 PERMITTED USES - Accessory Buildings and Uses - refer to Sections 4.2 - Agricultural Uses - Outdoor Recreation Facilities - Parking Areas - Public Parks (Bylaw No. 5589, 2019) DISCRETIONARY USES - Dwellings, Mobile Home - Dwellings, Manufactured, Type 2 - Dwellings, One Unit - Dwellings, Two Unit - Dwellings, Ready-to-Move (Bylaw No. 5589, 2019) 10.4.2 Development Regulations No future subdivision shall be permitted unless the subdivision is for one of the permitted uses or discretionary uses allowed in this zone and will, in the opinion of the City Council, not prejudice the future economical subdivision or servicing of land. 10.4.3 Rezoning of Land Proposed rezoning of land from Urban Holding to another land use shall be considered only on the basis of an overall plan for the area. The proposed Development, in the opinion of City Council, shall constitute orderly and economical, development with regards to adjacent land use, and future service requirements such as roads, schools, and utilities. (Bylaw No. 5589, 2019) 10.5 RVC - RIVER VALLEY CONSERVATION DISTRICT 10.5.1 PURPOSE The purpose of the RVC River Valley Conservation District is to control and protect those areas, intended to be used by the public for active or passive recreational purposes within or adjoining the Flood Way District. This includes lands within the Wakamow Valley, the former Wild Animal Parks and City owned land. (Bylaw No. 5589, 2019) Minimum Development Standards and Site Regulations in Metres (Unless shown otherwise) Site Frontage Site Area (m2) Front Yard Rear Yard Side Yard Maximum Building Height Maximum Site Coverage N/A N/A 7.5 7.5 3 11 N/A 101 PERMITTED USES - Accessory Buildings and Uses - refer to Sections 4.2 - Carnivals - refer to Section 4.6 - Conservatories - Golf Course - Home Occupations in an existing dwelling, shown as Discretionary Uses - Outdoor Recreation Facilities - Public Parks (Bylaw No. 5589, 2019) DISCRETIONARY USES - Agricultural Uses - Campground, Trailer and Tourist Camp - Cemeteries - Cultural Institutions - Day Care/Pre-Schools - Exhibition Grounds - Greenhouses - Municipal Facilities - Existing One Unit Dwellings authorized by Bylaw 4597: o Lot Nine (9), Block Three (3), Registered Plan No. R. 1941 o Lots One (1) and Two (2), Block Six (6), Registered Plan No. R. 1941 o Lot Six (6), Block Seventeen (17), Registered Plan No. CX 251 o Lot Nine (9), Block Seventeen (17), Registered Plan No. EX 1001 o Lot Ten (10), Block Seventeen (17), Registered Plan No. EX 1001 o Lot Eleven (11), Block Seventeen (17), Registered Plan No. EX 1001 o Lot Thirteen (13), Block Seventeen (17), Registered Plan No. EX 1001 o Lot One (1), Block Eighteen (18), Registered Plan No. CX 126 o Lots Five (5) and Six (6), Block Eighteen (18), Registered Plan No. CX 126 o Lot Four (4), Block Twenty (20), Registered Plan No. CX 126 o Portion of Lots Ten (10), Eleven (11) and Twelve (12), all of Lots Thirteen (13) and Fourteen (14) Block G, Registered Plan No. A.D. 885 o Parcel "N", Registered Plan No. 59MJ10599 o Lot Seven (7) and the South Forty Feet (40') of Lot Eight (8), Block Twelve (12), Registered Plan No. V.1328 o Lot Five (5), Block Twelve (12), Registered Plan No. V. 1328 o Lot Seven (7) and the South Forty Feet (40') of Lot Eight (8), Block Twelve (12), Registered Plan No. V.1328 o Lot Five (5), Block Twelve (12), Registered Plan No. V. 1328 o Lots One (1), Two (2), Three (3), Four (4) and Five (5), Block One (1), Registered Plan No. V. 1328 o Lots Eight (8) and Nine (9), Block Four (4) Registered Plan No. V. 1328 o Lots One (1), Two (2), Three (3), Four (4) and Five (5), Block One (1), Registered Plan No. V. 1328 o Lots Eight (8) and Nine (9), Block Four (4) Registered Plan No. V. 1328 o Lots One (1) Two (2) and Three (3), Block Five (5), Registered Plan No. V. 1328 o Lots Seven (7), Block Twenty (20), Registered Plan No. 73MJ01303 o Lots Eight (8), Block Twenty (20), Registered Plan No. 73MJ01303 o Lots Nine (9), Block Twenty (20), Registered Plan No. 73MJ01303 o Lots Ten (10), Block Twenty (20), Registered Plan No. 73MJ01303 o Parcel "L", Registered Plan No. CX 345 exc. Parcel "N", Registered Plan No. 59MJ10599 and exc. 100' x 234.25' o Block "A", Registered Plan No. N. 1398 102 o Block "G", Registered Plan No. 80MJ08559 o Block "H", Registered Plan No. 80MJ08559 o Lots 2-5, Block 3, Registered Plan No. V1328 o Lots 6, Block 3, Registered Plan No. V1328 (Bylaw No. 5589, 2019) 10.6 P - PARKS DISTRICT 10.6.1 PURPOSE The purpose of the Parks District is to control and protect those City-owned lands (primarily consisting of Dedicated Land - Public, Municipal or Environmental Reserves created through the subdivision process), which are to be used by the public for active or passive recreational purposes. (Bylaw No. 5589, 2019) PERMITTED USES - Accessory Buildings and Uses - refer to Sections 4.2 - Carnivals - refer to Section 4.6 - Conservatories - Golf Course - Municipal Facilities - Outdoor Recreation Facilities - Public Parks (Bylaw No. 5589, 2019) DISCRETIONARY USES - Cemeteries - Cultural Institutions - Day Care/Pre-Schools - Exhibition Grounds (Bylaw No. 5589, 2019) Minimum Development Standards and Site Regulations in Metres (Unless shown otherwise) Site Frontage Site Area (m2) Front Yard Rear Yard Side Yard Maximum Building Height Maximum Site Coverage N/A N/A 7.5 7.5 3 11 N/A 103 10.7 HERITAGE OVERLAY DISTRICT - HER. 10.7.1 PURPOSE To protect and allow appropriate redevelopment of identified heritage properties and ensure that adjoining properties are developed in a compatible, architecturally sensitive manner. 10.7.2 HERITAGE DESIGNATION - HER. In any District designated on the zoning map with "HER." following the symbol, all uses within that zone shall be subject to the special regulations specified in this section. Example for illustrative purposes: "R4-HER." R4 - Core Mixed uses are permitted subject the provisions of the "HER." District. 10.7.3 GENERAL DEVELOPMENT REGULATIONS All development in the Heritage Overlay District shall comply with the following special provisions: i Applicants for development or re-development proposals on Designated* Heritage Properties in the Heritage Overlay District will be required by Council and Administration to obtain advice from a qualified professional architect to assess the impact of new development on that site. * For the purposes of the Zoning Bylaw, the term "Designated Heritage Properties" shall only refer to those which have been recognized as such under the procedure outlined in Parts III or IV of The Heritage Property Act. ii Parking Areas and Structures as primary uses shall be a Discretionary Use in the Heritage Overlay District. Appendix B, Section C13 of the Downtown Local Area Plan shall be used as a guideline for the review of the application but shall not include the colour, texture, type of material, or architectural details. iii. Accessory parking areas shall not be permitted in the front yard of any property in this District. 10.8 CZ CONTRACT ZONING DISTRICT 10.8.1 PURPOSE The purpose of Contract Zoning is to allow City Council, on a case by case basis to deal more effectively with the development of individual sites, blocks or other small areas with servicing, site or access limitations, unique features or opportunities which could not be accommodated by the current Zoning Bylaw. 10.8.2 APPLICATION i. The zone may only be applied on: a. small or irregularly shaped sites; b. sites restricted by physical barriers such as water courses, slopes, etc.; c. infill or mixed use areas and historically sensitive areas; or d. areas to accommodate unique features or development opportunities. 104 ii. At Council's discretion, a contract zone may be designated on any land which is subject to a leasehold interest, in the event that the term of the lease is longer than 10 years. (Bylaw No. 5651, 2021) 10.8.3 PERMITTED USES Only uses specified in the contract agreement shall be allowed. 10.8.4 DEVELOPMENT STANDARDS The regulations respecting site size, frontage, coverage, floor area ratio, building height and yards, signs, landscaping, parking, payment in lieu of parking, and loading shall be those specified in the contract agreement. 10.8.5 DEVELOPMENT REQUIREMENTS AND PROCEDURES i. Each application for a contract zone shall be evaluated on its own merits in accordance with the guidelines in Section 19.1.2 of the Official Community Plan for assessing contract zone proposals and requirements for evaluating discretionary uses in Section 3.15.5 of this Bylaw. ii. Where the proposal meets the requirements of this subsection, Council may enter into a zoning contract or agreement with the individual or corporation for the purpose of accommodating the request to re-zone the land. iii. Council may, in approving the zoning contract, attach conditions, which in its opinion, are necessary to implement the guidelines and ensure compatibility between the proposal and surrounding land uses and are only limited by the provisions of The Planning and Development Act, 2007. iv. The procedures for an amendment to the zoning bylaw specified in Section 3.16 of this Bylaw shall be used in processing applications for zoning contracts. 10.8.6 SPECIAL PROVISIONS FOR ZONING AGREEMENTS OR CONTRACT ZONING A zoning designation, which is subject to an agreement entered into pursuant to the provisions of section 72 of The Planning and Development Act 2007, and section 19.1.2 of the Official Community Plan, shall be indicated on the Zoning Map. This will be indicated on the zoning map by the addition of the Bylaw number authorizing the agreement after the zoning district designation. 10.8.7 REFERENCE i. The use of the symbol "CZ" in the Zoning Maps and text shall indicate a property which has been re-zoned through a contractual agreement between a person or corporation and the City. ii. All approved zoning contracts shall be added to the Zoning Bylaw as part of Appendix "A" entitled Contract Zoning Agreements. 105 10.9 DC DIRECT CONTROL DISTRICT 10.9.1 PURPOSE The purpose of the Direct Control District is to deal more effectively with the development of larger areas with servicing, site or access limitations, unique features or opportunities, which could not be accommodated by other existing provisions of the Zoning Bylaw. 10.9.2 APPLICATION The zone shall only be applied on: i. larger sites with servicing site or access limitations; ii. areas restricted by physical barriers such as water courses, slopes, etc; iii. infill or mixed use areas and historically sensitive areas requiring redevelopment; or iv. areas to accommodate unique features or development opportunities. 10.9.3 PERMITTED AND DISCRETIONARY USES Only uses specified in designated Direct Control Districts, forming part of this Bylaw, shall be allowed. 10.9.4 DEVELOPMENT STANDARDS The Regulations respecting development in Direct Control Districts shall be those specified in designated Direct Control Districts forming part of this Bylaw. 10.9.5 DEVELOPMENT REQUIREMENTS AND PROCEDURES i. Each application for a DCD zone shall be evaluated on its own merits in accordance with the guidelines in Section 19.1.5 of the Official Community Plan for assessing DCD proposals and the requirements for evaluating discretionary uses in section 3.15.3 of this Bylaw. ii. The amending bylaw which creates a new DCD zone shall include the list of permitted, discretionary, prohibited or legal non-conforming uses or forms of development which are necessary to implement the established guidelines for that proposal and ensure compatibility between the proposal and surrounding land uses. The amending bylaw shall specify the required development standards and regulations for the new DCD zone. iii. Council in approving the new DCD Zone requires a development agreement with the applicant or landowner in order to specify the conditions necessary to ensure that developments in the land use zone conform to the established guidelines for that proposal. iv. The procedures for an amendment to the Zoning Bylaw specified in General Provisions and Administration section 3.16 of this Bylaw shall be used in processing applications. 106 10.9.6 REFERENCE i. The use of the symbol "DC" in conjunction with a sequential number (DC1, DC2) in the zoning Maps and text shall indicate a property which has been re-zoned through the Direct Control District procedure. ii. All approved Direct Control Districts shall be added to the Zoning Bylaw as Appendix B. 10.10 "h" HOLDING PROVISION See Section 3.6 for the interpretation of, and procedure for using this Provision. SECTION 11 - SIGN REGULATIONS (as amended by Bylaw Nos. 5415, 5438, 5451 & 5589) 11.1 SECTION DEFINITIONS Sign, A-Board A portable, A-shaped sign which is set temporarily upon a sidewalk or the ground and which has no external supporting structure. Sign, Animated A sign depicting action, motion, light or colour changes through electrical or mechanical means. Sign, Awning An awning which incorporates a sign painted on, or affixed flat to the surface of the awning and which does not extend vertically or horizontally beyond the limits of such awning. The awning itself may or may not be illuminated. Sign, Banner A temporary sign composed of lightweight, non-rigid material that may be strung across a street or fastened to a light standard. Sign, Canopy A canopy or free-standing canopy which utilizes or incorporates a sign. Sign, Face The entire area of a sign on which writing could be placed. Sign, Facia A sign attached to, marked or inscribed on any structure which is attached parallel to the face of a building, wall but does not include a billboard, a third-party advertising sign or a painted wall sign. Sign, Flashing A sign with an intermittent or flashing light source. Generally, the sign's message is constantly repeated. 107 Sign, Freestanding A sign supported independently of a building and permanently fixed to the ground but shall not include a sign that is attached to a fence, a parked vehicle, temporary signs or billboards. Sign, Height The vertical distance measured from the site grade at the street curb (other than an elevated roadway), which permits the greatest height to the top of said sign. Sign, Portable A sign mounted on a trailer, stand or similar support structure (including a vehicle), which is designed in such a manner that the sign can be readily located to provide advertising at another location, and may include copy that can be changed manually through the use of attachable characters. Sign, Projecting Any sign, except a canopy or awning sign, which is supported by an exterior building wall and projects outward from the building wall by more than 0.3 metres. Sign, Roof Any sign erected upon, against, or above a roof or on top of or above the parapet of a building. Sign, Wall Any sign, except projecting signs, attached, or affixed, to any part of the wall of a building, including entrance doors, overhead service doors and windows. This definition includes lettering, paintings, awnings, and marquees. 11.2 GENERAL PURPOSE OF SIGN REGULATIONS The intent of this section is to permit signs which do not, by reason of their size, location, or manner of display endanger life and limb, confuse or mislead traffic, obstruct vision necessary for traffic safety, and further, to regulate such permitted signs being consistent with other bylaws within the City of Moose Jaw in such a way as to prevent them from causing annoyance or disturbance to the citizens and residents of the City. 11.3 ITEMS REQUIRING SIGN PERMITS Any person who wishes to erect, install, suspend, alter or use any sign, supergraphics, marquee, canopy, awning, showcase or other projection, unless otherwise required in Section 11.4 of this Bylaw, shall first obtain a sign permit from the Building Official. 11.4 SIGNS WHICH ARE PERMITTED USES IN ANY ZONE Subject to all other provisions of this bylaw, on any site and within any zone defined, designated or described in this Bylaw, the following types of official signs shall be permitted without the requirement to obtain a permit: a. Official notices, signs, placards, or bulletins required to be displayed pursuant to the provisions of federal, provincial or municipal legislation or displayed by or on behalf of the City or on behalf of a department, a commission, board, committee, or official of the City, authorized for such purpose; 108 b. Advertising signs displayed on bus shelters and benches located on streets pursuant to an agreement with the City; c. Murals authorized by the Murals Management Board; d. Signs located on public transit vehicles or taxi cabs; e. Signs located inside a building, including permanent tenant identification signs located inside an enclosed shopping mall; f. Street numbers or letters displayed on a premise where together the copy area is less than 1.2 square metres; g. Election signs; h. Real Estate Signs; i. Construction Site Signs; j. A facia sign which is attached to a building and states no more than: i. the name or address of the building; ii. the name of the person or institution occupying the building; iii. the activities carried on in the building including hours of operation and rates charged, provided the total sign area does not exceed 0.7 square metres; and iv. the home occupation which operates there, provided the sign does not exceed an area of 0.2 square metres. k. Signs placed for the guidance, warning or restraint of persons; l. A-Board Signs subject to Section 11.27; m. Temporary signs or structures erected or located in connection with residential, commercial, or industrial developments when approved by the Building Official and for such period of time as the Building Official deems appropriate; n. The replacement of existing banners subject to Section 11.13; o. Garage/Yard Sale Signs, only on the private site of the vendor (See Sections 4.13 and 11.15). p. Portable Signs subject to Section 11.20. q. Directional signage providing on-site directions for the convenience and safety of persons using the site; r. Signage designating loading zones or other designated parking areas; s. Drive-thru menu boards in conjunction with an approved restaurant. (Bylaw No. 5641, 2021) 109 11.5 SIGNS PERMIT APPLICATION REQUIREMENTS a. An application for a sign, marquee, canopy, awning, roof sign, billboard, sign which overhang public property, showcase or other projection and any other sign requiring a Permit under this Bylaw shall be made to the Building Official by the owner or his representative on a form provided by the Building Official. b. An application shall include all information as may be required for complete understanding of the proposed work, and in all cases shall include position, location, construction, and type of structure to be erected. c. Permit application fee shall be as required in Bylaw No. 5510, Planning Fee Bylaw, which is adopted and altered as a separate Bylaw by Council. 11.6 GENERAL SIGN REGULATIONS The Building Official, where deemed necessary, may submit any application to the Council of the City of Moose Jaw for approval and for special conditions to be complied with. 11.7 DURATION OF A PERMANENT SIGN PERMIT A sign permit for a permanent sign shall not expire and must only be renewed prior to any changes or alterations of the sign. All work must be completed within six months of the issuance of the permit. Once the six months has expired, an additional application must be made to the Building Official. Upon application to the Building Official, a sign permit may be validated for a further period of six months. 11.8 SIGN OWNER'S RESPONSIBILITIES Where erecting, installing, suspending or maintaining a sign, marquee, canopy, awning, or other projection, the owner shall comply with all the applicable provisions of this Bylaw and any other applicable City Bylaws. a. The owner of a sign, marquee, canopy, awning, showcase or other projection shall not deviate from the plans approved under the sign permit unless such deviation is approved in writing by the Building Official if the deviation involves a change in design or position of the sign, or by City Council if the deviation involves a change in a sign permitted at Council's discretion. b. Neither the granting of a sign permit nor the approval of the plans nor any inspections made by the Building Official shall in any way relieve the owner of a sign, marquee, canopy, awning, showcase or other projection from compliance with the provisions of this Bylaw and from full responsibility for any work required by the Building Official in accordance with this Bylaw and as may be specified on the sign permit. 11.9 ADDITIONAL POWERS OF THE BUILDING OFFICIAL a. Pursuant to The Uniform Building and Accessibility Standards Act (UBASA), the Building Official may: i. request a change to the plans or specifications submitted and, in the permit, set out directions as to the actual manner in which the work shall be carried out; (Bylaw No. 5641, 2021) ii. revoke or refuse to issue a permit where in the Building Official's opinion the work done or proposed to be done fails to meet the requirements of this or any other City Bylaw. 110 b. The Building Official may order the owner to repair or remove any sign which has been deemed a nuisance, that is, if, in the opinion of the Building Official, the sign is, by reason of accident, damaged by fire, or any other cause, in danger of falling or causing personal injury or property damage. c. Where improvements requested by the Building Official under this Section are not made, the Building Official shall order the removal of the sign and the costs of such removal may be received with costs by action or in like manner as municipal taxes. d. If the Building Official finds any sign in such nature as to endanger life or be liable to cause serious danger and believes that such danger may be averted by the immediate application of precautionary measures, he may take such precautionary measures as he deems necessary. e. All costs incurred in connection with the taking of precautionary measures in Section 11.8.4 shall be borne by the owner or occupier of the building on which the sign is maintained and may be recovered by action or charged against the property in like manner as municipal taxes. f. Where any sign is not removed or made safe in accordance with the requirements of this Bylaw, after its removal has been ordered by the Building Official pursuant to this Section, such sign may be demolished or removed by the City of Moose Jaw and the property put in a safe condition at the expense of the owner of the property. g. Where the City of Moose Jaw proceeds to demolish or remove a sign pursuant to this Section, it shall proceed under the provisions of The Cities Act and, pursuant to the said Act, any amounts expended by the City of Moose Jaw incurred in the demolition or removal of a sign are to be added to, and thereby form part of, the taxes on the building on which the work is done and on the land on which the building is situated. h. All portable signs must be kept in good repair at the discretion of the Building Official. 111 11.10 GENERAL REGULATIONS TABLE 11.1 SIGN DEVELOPMENT STANDARDS Sign Type Land Use Zone and Standards ALL Residential Zones C1, C1B Zones C2 Zone C3 Zone All Industrial Zones CS, FW, RVC, P, and UH Zones A B C A B C A B C A B C A B C A B C Free Standing Sign 1 - except for Residential Uses and Home Occupations 1m2 1.8m 1 5m2 5m 1 10m2 10m 1 24m2 14m 1 15m2 15m 1 - except for Residential Uses and Home Occupations 1m2 4m Rotating Sign Not Permitted 1 5m2 5m 1 10m2 10m 1 24m2 14m 1 15m2 15m Not Permitted Wall Sign 1 0.2m2 * or 1m2 for Other Uses n/a Unrestricted 1 0.2m 2 * or 5m2 for Other Uses n/a Billboard Sign Not Permitted Not Permitted Permitted, Regulations provided in Section 11.21 Not Permitted - except in accordance with Section 11.21 Roof Sign Not Permitted Not Permitted Permitted, Regulations provided in Section 11.23 Not Permitted Projecting Sign Not Permitted Permitted Permitted, Regulations provided in Section 11.22 Not Permitted Portable Sign Not Permitted On-Site Advertising Only Regulations provided in Section 11.20 Permitted, Regulations provided in Section 11.20 On-Site Advertising Only Regulations provided in Section 11.20 Secondary Sign Not Permitted Permitted, Regulations provided in Section 11.11 Canopies, Awnings Permitted, Regulations provided in Section 11.25 Signs Attached To Fences Prohibited, except in accordance with Section 11.10.1 A = Number of Signs B = Surface Area C = Height * = Residential Uses and Home Occupations may only have wall signs in accordance with Section 11.26. (Bylaw No. 5641, 2021) 11.10.1 NOTES TO TABLE 11.1 a. Any self-supporting or freestanding sign: i. steel structures must be setback 300 millimetres from any property line; ii. signs of wood structure higher than 1.2m measured from the ground to the top of the sign shall be setback a distance equal to the height of the sign. b. For Contract (CZ) Zones, refer to the specific contract zoning agreement. c. Temporary signs attached to fences may be permitted at the discretion of the Building Official. (Bylaw No. 5641, 2021) 112 11.11 SECONDARY SIGNS In addition to the provisions of Section 11.10.1 in any zone, except Residential zones, where the site frontage exceeds 30 metres, one additional sign may be erected for each additional 30 metres, or part thereof, of the longest property line adjacent to a street. 11.12 TRAFFIC INTERFERENCE No person shall place, maintain, or display upon or in view of any highway, any sign, billboard, signal, marking, or device which purports to be, or is an imitation of, or resembles an official traffic sign or signal, or which conceals from view, or interferes with the effectiveness of an official traffic sign or signal. 11.13 BANNERS Banners may be strung across streets in locations approved by the City Building Official. A sign permit is required for all applications to erect a banner sign across a street in a new location. a. Banner signs shall not be constructed of any metallic or electrically conductive material; b. A certificate from a Professional Engineer registered in the Province of Saskatchewan shall accompany every proposal to erect a banner across a street. Banners proposed to be fastened to light standards shall be done in accordance with the Street Light Banner Policy. Requests to attach banners to light standards must be made through the City of Moose Jaw Parks and Recreation Department. 11.14 GARAGE/YARD SALE AND OPEN HOUSE SIGNS a. Notwithstanding the general prohibition in Sections 11.15.6.b, temporary signs displaying garage sales or open houses are permitted in residential districts, except on centre medians or traffic islands, if: i. the signs do not exceed the size permitted by Section 11.15 of this Bylaw; and ii. the signs are removed immediately after the sale, viewing or event as per Section 4.13 of this bylaw. b. The setback requirement of thirty (30) metres from an intersection in Section 11.14.5.d does not apply to any temporary signs permitted under Subsection (1). All other setback requirements in Section 8 apply. 11.15 TEMPORARY SIGNS The purpose of this section is to regulate the placing of temporary signs on streets and buffer strips so as: a. to afford the citizens of Moose Jaw an opportunity to communicate with others in a simple and affordable way; b. to improve safety for motorists and pedestrians using the streets; c. to minimize visual clutter; and d. to facilitate necessary maintenance of the streets and buffer strips. 113 11.15.1 GENERAL No person shall place a temporary sign on a street or buffer strip except in accordance with this Bylaw. 11.15.2 SIZE OF TEMPORARY SIGN a. Temporary signs must have a sign face area of 0.6 square metres or less on each sign face. b. Temporary signs must have no more than two sign faces. c. Temporary signs must be self supporting, and must not be attached to any City property such as fences, benches, bus shelters, trees, street light poles or traffic signal poles. d. The top of temporary signs must be less than one (1.0) metre above grade. 11.15.3 PROHIBITED SIGNS The following signs are prohibited on all streets and buffer strips: a. temporary signs which are flashing, rotating, animated, illuminated or contain moving lights or other electrical features are prohibited; b. balloon signs or other inflatable devices, electronic message centres or kites; c. temporary signs which resemble a traffic control device; d. portable signs. 11.15.4 TRAFFIC RISKS PROHIBITED a. Temporary signs must not create a potential hazard to vehicular or pedestrian traffic. b. Temporary signs must not obstruct the view of any portion of a traffic control device or signal. 11.15.5 SETBACK REQUIREMENTS a. Temporary signs must be placed a minimum of two (2.0) metres from the curb on a street or where no curb exists, signs must be a minimum of six (6.0) metres from the nearest driving lane on the street. b. Temporary signs must be placed a minimum of one (1.0) metre from any City sidewalk or pathway. c. Temporary signs must be placed a minimum of five (5.0) metres from any private driveway. d. Temporary signs must be placed a minimum of thirty (30) metres from any intersection. e. Temporary signs must be placed a minimum of two (2.0) metres from any fire hydrant. 114 11.15.6 PROHIBITED LOCATIONS Temporary signs are prohibited: a. on any centre median or traffic island; b. in any residential district 11.16 PROJECTION OVER A STREET No sign or structure shall be located closer than 30 cm from the existing or future curb line or a vertical projection thereof. 11.17 OBSTRUCTION a. No sign shall be erected, constructed or maintained so as to obstruct any fire escape, standpipe, ventilator, window, door or other opening, or so as to prevent free passage from one part of a roof to any other part thereof. b. A sign shall not be attached in any form, shape or manner to a fire escape, or shall not be placed as to interfere with an opening which is required for ventilation. 11.18 SIGNS PROHIBITED ON TREES No sign shall be attached to or supported by any tree. 11.19 FOOTINGS FOR FREE-STANDING SIGNS a. All free-standing signs exceeding 7.6 metres in height above the adjacent finished ground shall be structurally designed by a Registered Architect or Professional Engineer of the Province of Saskatchewan. b. The foundation of all signs exceeding 5 metres in height shall be of concrete. c. All concrete foundations of ground signs shall project not less than 150 mm. above grade. d. Concrete foundations shall not be used for any other sign except the original sign for which the foundations were installed, unless the foundations have been approved for another sign other than the original sign for which the foundations were installed, by a Registered Architect or Professional Engineer of the Province of Saskatchewan. 11.20 PORTABLE SIGN REGULATIONS a. Portable signs are permitted only within the following zones: i. M1 Industrial (Light Industrial) ii M2 Industrial (Heavy Industrial) iii. M3 Industrial (Mixed Use Business Park Industrial) iv. M4 Industrial (Environmental Low Service) v. C1 Commercial (Neighbourhood Commercial) vi. C1B Commercial (Mixed Use Neighbourhood Commercial) vii. C2 Commercial (High Density Commercial) vii. C3 Commercial (Vehicle Oriented Commercial) ix. CS Community Service / Institutional 115 b. On any single site, no portable sign may be located closer than 20.0 metres from any other portable sign or secondary freestanding sign. c. No portable sign should occupy any space required for off-street parking, unless the site contains off-street parking which is surplus to the requirements of the Zoning Bylaw. d. No part of a portable sign, including electrical cords, shall be located on a right-of-way including a public roadway, boulevard or sidewalk. e. All components of the portable sign, excluding the trailer frame, shall be in conformance with the Electrical Regulations of the Province of Saskatchewan. f. Portable signs, revolving signs, beacons, flashing signs, stationary lights or coloured signs shall be prohibited where: i. they are located along the travelled portion of a public highway; ii. they obscure or cause confusion with traffic lights and traffic signs or in anyway endanger progress of traffic through the streets of the City; iii. they are located less than 23.0 metres from any residential dwelling unit. g. Notwithstanding Section 11.23.1 and 11.23.5 (c), in any R - Residential Zone, portable signs advising that a special event in the form of a birthday or anniversary or other similar event is being celebrated by the owner or occupant of the dwelling unit, may be placed anywhere on the site, provided such signs are erected for a period of time not exceeding 48 hours. h. Portable Signs - Non-Profit Organizations i. Organizations which are community oriented and non-profit in nature may place portable signs in accordance with this clause. ii. Portable signs located in accordance with this clause may not remain on any site for more than 90 consecutive days. iii. Portable signs located in accordance with this clause must not display advertising of any commercial product or service. iv. Permitted locations on Public Property in accordance with Section 11.20(h) of this bylaw include the following: (a) East side of 9th Avenue North West between MacDonald Street and Elizabeth Street. (b) East of 9th Avenue north of MacDonald Street. i. Portable signs found in violation of the requirements pursuant to Section 11 of this bylaw must be moved or removed within 48 hours following notice from the City of Moose Jaw or may be removed and fined by the City of Moose Jaw at the portable sign owner's expense. 11.21 BILLBOARD REGULATIONS a. Billboard signs are only permitted within the following zones: i. M1 Industrial (Light Industrial) ii. M2 Industrial Heavy Industrial) 116 iii. M3 Industrial (Mixed Use Business Park Industrial) iv. M4 Industrial (Environmental-Low Service Industrial) v. C2 Commercial (High Density Commercial) vi. C3 Commercial (Vehicle Oriented Commercial) vii. CS Community Service/Institutional b. Every billboard erected above grade, the top of which is higher than 4.5 metres above grade level, shall be constructed with a steel frame attached to concrete foundations and structurally designed by a Professional Engineer or Architect registered in the Province of Saskatchewan and shall be capable of withstanding a wind pressure of not less than 147 kg. per square metre of surface of one side of the whole billboard and frame. A stress diagram shall accompany the application if requested by the Building Official. c. Billboard signs may be double-faced, and each side shall be considered as facing traffic flowing in the opposite direction. d. No person shall attach or hang a billboard auxiliary sign or other material to, on, above, or below a billboard unless designed for additional wind load and stamped be a Professional Engineer or Architect. e. Where the back of a billboard sign is visible, it shall be suitably painted or otherwise covered to present a neat and clean appearance. f. Billboard signs on the same street or Provincial highway which face the same traffic flow shall not be placed closer together than 90 metres. g. All billboards shall be placed a minimum of 3 metres back from the edge of a Provincial highway right-of-way and shall be placed at an angle between 45 and 60 degrees to the said highway. h. Where a building is erected along a Provincial Highway within City Limits, signs erected on the building or lot on which the building is erected shall conform to the regulations or Bylaws governing signs elsewhere in the City. i. No signs or sign boards, other than Highway Traffic signs shall be permitted within 400 metres of the centre of the junction of No. 1 and No. 2 Highways. j. Billboards which are located within "Designated Signing Corridors" shall be regulated in accordance with Bylaw No. 4603. 11.22 PROJECTING SIGN REGULATIONS a. Projecting signs are permitted only in the following zones: i. M1 Industrial (Light Industrial) ii. M2 Industrial (Heavy Industrial) iii. M3 Industrial (Mixed Use Business Park Industrial) iv. C2 Commercial (High Density Commercial) v. C3 Commercial (Vehicle Oriented Commercial) 117 b. A sign projecting over a street or lane must be installed at least 5.5 metres above the street or lane surface. c. A sign projecting over a sidewalk or boulevard must be installed at least 2.6 metres above the surface of the sidewalk or boulevard. d. A sign may project no more than 2.5 metres from the face of a building, but not closer than 60 cm. to a vertical line from any curb face, and all such signs shall be placed so that the portion of the sign nearest the supporting building shall not be more than 0.6 metres from the same. e. No portion of a sign which overhangs a public place shall have a greater surface area on one side than 5.5 square metres. f. One projecting sign is permitted per site, except where the site frontage along any street exceeds 90 metres, in which case two projecting signs are permitted. In the case of corner, sites, one projecting sign is permitted per site frontage. g. No projecting sign which overhangs a public place shall extend more than 2 metres above the eaves or parapet of a supporting building. h. Every projecting sign shall be installed or erected so that there are no visible sign support structures above the roof, building, face or wall, unless otherwise directed by the Development Officer. i. A cantilever support may rise 30 cm. above the parapet, provided that where there is a space between the edge of the sign and the building space. j. Marquees shall not be used to support projecting signs. (Bylaw No. 5641, 2021) 11.23 ROOF SIGN REGULATIONS a. Roof signs are permitted only with the following zones: i. C2 Commercial (High Density Commercial) ii. C3 Commercial (Vehicle Oriented Commercial) iii. M1 Industrial (Light Industrial) iv. M2 Industrial (Heavy) v. M3 Industrial (Mixed Use Business Park Industrial) b. No portion of any roof sign shall project beyond any exterior wall or parapet of the building upon which it is placed. c. The maximum height of any roof sign shall be 7.5 metres above the roof or parapet. d. All roof signs shall be secured by or bear upon masonry bearing walls, column, guiders or roof joists. e. All roof signs and frames weighing more than 113.4 kg. or exceeding 5.57 square metres of face area shall be structurally designed by a Professional Engineer or Architect registered in the Province of Saskatchewan and shall be capable of withstanding a wind pressure of not less than 147 kg per square metre of surface on one side of the whole sign and frame. A stress diagram shall accompany the application for permit if requested by 118 the Building Official. The frames of roof signs shall be bolted through the roof and through timbers placed under the roof rafters or other roof construction. f. Roof signs shall be constructed of non-combustible materials except for facings, letters, figures, decorations and trim which may be made of approved plastics or any combination thereof. g. All roof signs shall allow a minimum clear space of one metre between the roof and the bottom of the sign providing the sign is located within 1.8 metres of the edge of the roof. No clearance is required if the sign is greater than 1.8 metres from the edge of the roof. In any case, no portion of any sign shall interfere with any roof opening or fire escape. 11.24 FLASHING, ANIMATED, ROTATING, AND DIGITAL SIGNS a. Flashing, animated, digital, and rotating signs are not permitted in any zoning district, excepting in the C2, C3, M2 and M3 districts. b. Notwithstanding clause a, the issuance of a permit for a Flashing, Animated, Rotating, or Digital Sign in C2 Heritage Overlay District is discretionary. c. No flashing, animated, digital, or rotating sign shall be located within 100 metres of any residential site or zoning district. d. Flashing, animated, and digital signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level at the discretion of the City Engineer for the time period between one half-hour before sunset and one half-hour after sunrise. 11.25 CANOPIES, MARQUEES AND AWNING SIGN REGULATIONS a. Canopy signs or awning signs shall be permitted in all districts provided that: i. The minimum clearance from the ground shall be not less than 2.6 metres; and (Bylaw No. 5641, 2021) ii. No portion of the canopy or awning sign shall be closer than 0.6 metres to a vertical line from the curb face. 11.26 RESIDENTIAL OFFICE AND HOME OCCUPATIONS SIGN REGULATIONS The maximum size of signage permitted on sites containing Home Occupations, Residential Offices, Day Care Centres, Child Care Centres, Family Day Care Homes, Personal Care Homes, Bed and Breakfast Homes and Nursery Schools within any R.Residential District shall not be greater than 0.2 square metres and must be mounted flush with the dwelling. 11.27 "A" - BOARD SIGN REGULATIONS Placement of "A"-Board signs, announcing temporary sales or events are permitted in Commercial Zones provided: a. only one (1) sign shall be permitted per business; b. they are placed on City boulevards or sidewalks, and they are removed after business hours; c. signs shall not exceed 1.2m2 per sign face; 119 d. a minimum of 1.5m (5 feet) of free sidewalk shall be maintained for public use between the sign and the curb or any other physical obstructions such as utility poles, light standards, fire hydrants or garbage receptacles; e. advertising on the sign shall be applicable to the adjacent business only; f. signs shall not be electrified or have moving parts; g. signs shall be maintained to hold their aesthetic appearance. (Bylaw No. 5641, 2021) 11.28 BALLOON INFLATABLE ADVERTISING OR DISPLAY DEVICES REGULATIONS a. All balloon signs or any other form of inflatable signs or display devices shall be permitted in all zones, except R.Residential Zones. b. No more than one balloon sign or other form of inflatable sign or device shall be used on a single lot, in addition to other signs. c. A permit from the Building Official shall be required to display balloon signs or other forms of inflatable signs or devices and the said permit shall be effective for a period not exceeding 31 consecutive days. 11.29 ELECTION SIGN REGULATIONS a. Election signs shall not be erected: i. until after the election writ has been issued in the case of federal and provincial elections; and ii more than 30 calendar days prior to the election date in the case of municipal and school board elections; and iii all election signs shall be removed within 7 calendar days following the election. 11.30 FREESTANDING SIGNS Where two or more free standing signs are permitted the allowable surface area of the two signs may be combined into one sign. 11.30.1 FREESTANDING SIGNS FOR ELEMENTARY SCHOOLS, PLACES OF WORSHIP AND COMMUNITY CENTRES a. The regulations in this clause apply to elementary schools, places of worship and community centres only. b. One freestanding sign no taller than 3.0 metres above grade shall be permitted per site. c. The maximum area per sign face of any freestanding sign must not exceed 4.6 m² of which no less than 1.5 m² must be devoted to identification of the building. d. The total face area of any freestanding sign must not exceed 9.2 m². e. Signs must not be illuminated between the hours of 11:00 p.m. and 7:00 a.m. f. Signs must not display advertising of any commercial service or product. g. Small shrubs must be provided surrounding the base of the sign. 120 11.30.2 FREESTANDING SIGNS FOR HIGH SCHOOLS a. The regulations in this clause apply to high schools only. b. One freestanding sign no taller than 5.0 metres above grade shall be permitted per site. c. The maximum area per sign face of any freestanding sign must not exceed 5.9 m² of which no less than 2.2 m² must be devoted to identification of the building. d. The total face area of any freestanding sign must not exceed 11.8 m². e. Signs must not be illuminated between the hours of 11:00 p.m. and 7:00 a.m. f. Signs must not display advertising of any commercial service or product. (Bylaw No. 5451, 2013) 11.31 NEIGHBOURHOOD IDENTIFICATION SIGNS The following standards should be adhered to for Neighbourhood Identification Signs: a. a maximum sign face area of 6.0 m2 (64.5 ft2); b. a maximum total sign face area of 12 m2 (129 ft2); c. a maximum height of 3 metres (10 ft); d. no less than 40% of any sign face area must be devoted to the neighbourhood name; e. the sign may be illuminated by indirect illumination only; f. no illumination may occur between the hours of 11pm and 7am; g. the affected Community Association, if any, should endorse any proposed Neighbourhood Identification sign. 11.32 REGULATIONS PERTAINING TO SIGNS ALONG PROVINCIAL HIGHWAYS In addition to the regulations in this Bylaw respecting the construction, location and erection of signs, the provisions of The Erection of Signs Adjacent to Provincial Highways Regulations shall apply mutatis mutandis to the construction, location and erection of any sign erected on any parcel of land on which no buildings have been erected, and which is adjacent to any Provincial Highway within the City of Moose Jaw. 11.33 OFFENCES AND PENALTIES RESPECTING CONTRAVENTIONS OF SIGN REGULATIONS Where any person contravenes any of the provisions of this Bylaw respecting signs, that person shall be liable on summary conviction to the penalties provided in Section 3.9 of this Bylaw and the Act. 121 SECTION 12 - ZONING MAPS 12.1 The Zoning Maps a. The Zoning districts referred to in Section 6 - 10 are illustrated and bounded as shown on the Zoning Map. b. The Zoning Map forms part of this Bylaw and shall be kept in an electronic form. The Zoning Map, in a portable document format (PDF), is contained in an electronic data storage device which is incorporated as Schedule "1" to this Bylaw. c. Copies of the Zoning Map or portions thereof in electronic form shall be available to the public in a format determined by the Development Officer. d. Paper document copies of the Zoning Map may be used for the purpose of illustrating or referring to all or parts of its contents. In the case of conflict between the contents of a paper document copy of the Zoning Map and the electronic form of the Zoning Map, the contents of the electronic form shall prevail. (Bylaw No. 5673, 2022) (Bylaw No. 5656, 2021) (Bylaw No. 5652, 2021) (Bylaw No. 5640, 2021) (Bylaw No. 5641, 2021) (Bylaw No. 5632, 2021) (Bylaw No. 5635, 2021) (Bylaw No. 5682, 2023) (Bylaw No. 5702, 2023) (Bylaw No. 5712, 2024) (Bylaw No. 5713, 2024) (Bylaw No. 5722, 2024) (Bylaw No. 5726, 2024) (Bylaw No. 5727, 2024) (Bylaw No. 5757, 2026) (Bylaw No. 5762, 2026) 122 SECTION 13 - APPENDICES 13.1 Appendix A - Contract Zoning Agreements. - Contract Zone Agreement between the City of Moose Jaw and Century West Development Corporation. (Bylaw No. 5379, 2011) - Contract Zone Agreement between the City of Moose Jaw and Betchar Holdings Ltd. (Bylaw No. 5384, 2011) - Contract Zone Agreement between the City of Moose Jaw and IDGS Developments Inc. (Bylaw No. 5407, 2012) - Contract Zone Agreement between the City of Moose Jaw and Betchar Holdings Ltd. (Bylaw No. 5409, 2012) - Contract Zone Agreement between the City of Moose Jaw and Saskatchewan Conference of Mennonite Brethren Churches. (Bylaw No. 5613, 2020) - Contract Zone Agreement between the City of Moose Jaw and 101118806 Saskatchewan Ltd. (Bylaw No. 5617, 2020) - Contract Zone Agreement between the City of Moose Jaw and the Moose Jaw Exhibition Company Ltd. (Bylaw No. 5652, 2021) 13.2 Appendix B - Direct Control Zoning Districts. 1.0 Purpose and Location The Direct Control District 1 (DCD1) is known as the Valley View Redevelopment Area and identified on Attachment Map No 1. It is envisaged to be a major new mixed-use development intended to offer a wide range of residential, commercial, educational, business and employment uses. The area will develop into a sustainable, vibrant community with unique living, working and social experiences. It will contain a blend of uses which will gain critical mass over time to become a major destination for citizens of Moose Jaw and a wide regional market area. The Direct Control District is a land use regulatory tool intended to offer land use and regulatory options for comprehensive mixed-use developments where traditional zoning districts may not be suitable. 2.0 Objectives The development of the Valley View infill site will: (1) establish a vibrant, mixed-use community comprised of residential, retirement housing, commercial, educational, business, tourism and employment uses. 123 (2) establish an active community within Valley View which will serve residents, students, and the community, including shops, restaurants, cafes, offices, recreation activities, cultural destinations, apartments, seniors' facilities, community services, parks, and open spaces; (3) adaptively re-use existing Valley View structures where economically feasible and recognize the heritage and former use of the site. (4) highlight and advance the use of sustainable development practices such as using geothermal resources, solar energy, sustainable building technology and low impact development such as bio-swales and naturalization of open spaces. (5) provide for a healthy lifestyle by promoting all season activity on site with dedicated areas for all season recreation and sports. (6) design for pedestrians by providing a comprehensive design network within the site for easy, safe, non-motorized movement. (7) Create spaces which promote culture, social interaction, and an urban ambience to create a "people place"; (8) establish a highly visible and accessible location that will attract commercial, residential, and office development, providing opportunities for partnerships and public and private investment; and (9) develop in a manner which is compatible with and enhances the natural setting and amenities of the Wakamow Valley, attracting people to the site for eco-tourism activities and to celebrate nature. 3.0 Definitions For definitions of terms used within the DCD1, please refer to Section 2 of the Zoning Bylaw. 4.0 Policies 4.1 Land Use (1) Use of Land The permitted uses in the DCD1 are those listed in the following table. The guidelines set out in the table establish further controls on the permitted uses. Compatible mixed uses are to be encouraged in the DCD1. The use of land and location of development is intended to be in 'substantial conformance' with the adopted concept plan for Valley View (as amended from time to time). This policy is intended to allow some degree of flexibility to adapt to changing market demands. 124 Permitted Use Intent Uses Guidelines Residential To provide the opportunity for Residential development serving the city and region and others with specialized accommodation needs. Multiple Unit Dwellings, One Unit Dwellings, Dwelling Groups, Live/Work Units, Townhouse Dwellings, Residential Care Homes, Family Day Care Homes, Accessory Uses. Medium and High-Density Multiple Unit Residential uses should be located above the first floor in mixed-use buildings whenever possible. Residential density will be permitted to increase with proximity to the Market Square area. Institutional To provide for academic and training facilities and support services to meet the needs of educational institutions, including research and teaching space. To provide spaces for commercial and non- commercial health and wellness related services. Educational Institutions, Research Laboratories, Community Centres, Clinics, Day Care Centres and Preschools, Residential Care Homes Recreation To provide for active, passive, and tourism recreational uses throughout the area. To accommodate active health and wellness initiatives. Commercial/Institutional Recreation Establishments, Public Parks, Playgrounds, Outdoor Recreation Facility, Arenas, Tourism uses, Campgrounds. Culture, Heritage and Tourism To provide cultural, heritage and tourism facilities that will support and complement the interests and needs of the community, city, and region. Art Galleries/ Museums, Theatres, Cultural Centre, Outdoor/Indoor Entertainment Establishments, Commemorative Spaces and Facilities. These uses are expected to be blended within each of the primary land uses where appropriate to add interest and draw people to the area. Commercial/ Retail To provide for compatible community and district scale commercial, retail development to meet the needs of residents, visitors, and patrons. To provide small scale unique and specialized retail opportunities. Restaurants and Lounges, Retail Stores, Dry Cleaners, Photography Studios, Personal Service Establishments, Commercial Recreation, Financial Institutions, Duplicating or Copying Centres, Micro-breweries and distilleries and Pubs, Hotels, Temporary/Popup Retail Spaces Commercial/ Business To provide the opportunity for office development, entrepreneurial space for providing services to meet the needs of the local community. Offices, Medical/Dental/Optical Clinics, Medical/Dental/Optical laboratories, Business Incubator. 125 (2) Accessibility All uses and development of the land should make provision for the ease of access and circulation for people with disabilities. (3) Active and Pedestrian Oriented Frontages Whenever possible, development should contribute towards the concept of "walkable urbanism", both within the development and on adjacent main public roadways (such as direct access to/from the street and the use of pedestrian friendly façades). Buildings adjacent to the roadways shall have their principal entrances fronting onto the roadway. Commercial buildings shall be street-oriented and designed and located in a manner that will serve to enhance the pedestrian scale of development along these streets. (4) Pedestrian Routes The Valley View project is designed to be pedestrian focused providing access throughout and connecting to the core area and site amenities with a series of community park linkages. A key feature is the provision of water features which will act as attractive areas for people to visit. Walkways and bike paths will be tree lined to create a sheltered path system that is well lit, active, safe, and attractive. Tree-lined sidewalks and corridors shall be provided along commercial street frontages to shelter pedestrians. Internal roadways shall include bike lanes, and wide (1.8m minimum), tree-lined sidewalks. Employment To provide for uses which provide employment and are compatible within a mixed- use community. Light manufacturing, fabrication, processing, food and beverage production activities are common. Some public assembly uses may be expected. Light Industrial, Meeting Rooms, Distribution Centres, Warehouses, Indoor Storage Rental Facilities, Exhibition Space, Urban Farming, Orchards, Greenhouses, Market Gardens, and Food Processing. Employment and production activities must be always compatible with a mixed-use environment. Ancillary/ Accessory To provide for accessory buildings and uses which are necessary to support the primary uses on site. Maintenance and Service Buildings, Storage, Security, Utilities and Servicing Infrastructure. Outdoor storage areas are only permitted in conjunction with Employment uses, are limited in size and shall be screened from public view. 126 4.2 Safety and Security Valley View should be designed to be safe and secure for all people. The following standards are encouraged to achieve this objective: (1) ensure good open sight lines for all public pathways, laneways, and building access points; and (2) ensure good street and building lighting including building access, service areas, garbage disposal, parking areas and lanes. (3) All development proposals shall consider CPTED (Crime Prevention Through Environmental Design) principles. 4.3 Building Form and Massing (1) Maximum Building Height a) The maximum height of any building, structure, or portion thereof within the DCD1 is 45 metres. In the interest of safety, the maximum building height shall be 7 metres lower than the height restrictions as determined by the Moose Jaw Airport Zoning Regulations SOR/2002-138 (AZR) outlined below. The Valley View site is located within the 'Outer Surface' as defined in the AZR, as shown below. 127 The airport height restriction is determined by using the Airport Zoning Reference Point which is at an elevation of 573.02m above sea level. Buildings located within the Outer Surface can be no higher than 45m above the Airport Zoning Reference Point. The highest elevation within the DCD1 at Valley View is 565.4m. This means that the airport height restriction is 52 metres. (573.02m + 45m = 618.02m - 565.4m = 52.62m). Attachment Map No. 2 shows the maximum permitted building height by area. b) Solar access shall be maximized on all commercial and multi-unit residential sites. Therefore, Building Design shall consider design options to maximize sunlight penetration and passive solar energy especially during the fall and winter months (September 21st and March 21st). (2) Minimum Lot Dimensions, Site Coverage and Building Setbacks 128 Use Minimum Site Frontage Minimum Site Area Maximum Site Coverage Note Residential All garages must be attached to principal dwelling a. Estate Lot 25m 1,125m2 40% Intended to be large lots located along the Wakamow Valley frontage. b. Standard Large Lot 16m 528m2 40% c. Small lot 15m 450m2 50% Intended to accommodate small bungalow dwellings for seniors living. d. Multiple Unit Dwellings 15m 525m2 50% Commercial & Mixed Use 15m 450m2 50% Excludes Pop-up retail establishments Institutional & Recreation Uses 30m 930m2 50% Employment 15m 450m2 50% Building Setbacks Use Front Yard Side Yard Rear Yard Note Residential Single Family 6m .75m 7.5m Multiple Unit 6m 1.2m 7.5m Commercial 0m 1.2m 7.5m No minimum building setbacks are required along Commercial & Mixed-Use frontages. Buildings shall be situated in a manner that facilitates street and pedestrian-oriented development. Mixed Use 0m 0m 7.5m Institutional, Cultural, Heritage & Recreation Uses 3m 1.2m 7.5m The purpose of the front setback shall be for amenity space to increase attractiveness of the area. Employment 6m 1.2m 7.5m Parking in the front yard of employment uses is permitted. 129 Sample building setbacks are illustrated below in Figure No. 1. 4.4 Landscaping Landscaping treatment shall be required on each site and used to improve the appearance of the area, enhance the environment, promote the use of sustainable landscape material, reflect the heritage and location in the Wakamow Valley and unify the development sites within Valley View. Landscaping is primarily required to add amenity, enhance open space, screen facilities such as utilities or outdoor storage areas, and buffer or separate incompatible uses. Applications for development in Valley View must include a conceptual landscaping plan which includes naturalized areas, low impact development and full urban park spaces. It is expected that landscaping will be installed which is in substantial conformance with the landscaping plan. 130 4.5 Signage Signage is required to conform to a consistent standard at Valley View. Therefore, the following signage program is intended to be employed at Valley View. General Provisions a) All signs shall conform to the General Regulations as defined in Section 4 of the Moose Jaw Zoning Bylaw pertaining to signage. b) Definition of signage is contained in Section 11 of the Zoning Bylaw. c) no portable signs will be permitted; d) small sidewalk A-Board (sandwich) signs will be permitted in commercial areas; e) no billboards or superboards will be permitted; f) no mobile animated message signs will be permitted; and, g) no flashing signs will be permitted in areas which may interfere with residential uses. Residential Uses a) for all Residential Uses signs shall conform with general provisions of Section 11 of the Moose Jaw Zoning Bylaw (as amended from time to time). b) signs shall conform to the specific regulations as defined in Section 11.10 of the Moose Jaw Zoning Bylaw. Commercial a) for all Commercial Uses signs shall conform with general provisions of Section 11 of the Moose Jaw Zoning Bylaw (as amended from time to time). b) signs shall conform to the specific regulations as defined for C2 zones in Section 11.10 of the Moose Jaw Zoning Bylaw. Institutional a) for all Institutional Uses such as education facilities, community centres, clubhouses, health facilities, etc, signs shall conform with general provisions of Section 11 of the Moose Jaw Zoning Bylaw (as amended from time to time). b) signs shall conform to the specific regulations as defined for C1 and C1B zones in Section 11.10 of the Moose Jaw Zoning Bylaw. Employment a) for all Employment Uses such as warehouses, manufacturing, processing and distribution facilities, etc, signs shall conform with general provisions of Section 11 pertaining to Industrial Zones within the Moose Jaw Zoning Bylaw (as amended from time to time). Mixed-Use a) When uses are mixed within a site, the signage allowed for each use shall be determined using the standards for the use listed above. 131 4.6 Parking and Off-Street Loading (1) Parking Standards The following parking requirements shall apply: a) In order to provide a degree of flexibility and to encourage creative solutions for vehicle parking, the amount of parking allocated to each use of land shall approximate to the level specified for that use within Section 5 of the Moose Jaw Zoning Bylaw. Final parking requirements each development in the DCD1 shall be at the discretion of the Director of Planning and Development. b) In Commercial and Mixed-Use areas, surface parking shall be located only within the side or rear yards (illustrated in Figure 3). c) Parking for multiple unit dwellings shall be enclosed, covered or located underground whenever possible. d) Parking and Loading for People with Special Needs shall conform to Section 5.4.2 of the Zoning Bylaw. e) Consideration may be given to shared use of parking facilities where the usage requirements vary throughout the day. f) Notwithstanding the above, all other general regulations contained in Section 5 of the Zoning Bylaw shall apply in the DCD1. Figure 3 - Illustration of Parking 132 (2) Loading Requirements Each non-residential and multi-unit residential principal building with a building floor area greater than 2,000 square metres shall provide one loading space. (3) Bicycle Parking A minimum of one short term bicycle parking space shall be provided for every 150 square metres of gross floor area devoted to commercial use. These bicycle parking spaces shall be provided in locations on the site which are readily visible, well-lit and near building entrances. In addition, all office, commercial or institutional buildings, over 1,000 square metres in size, must provide bicycle parking in an enclosed, secure area, with convenient changing and shower facilities, within 200 metres of the building. Bicycle parking spaces shall be provided at a rate of 10% of the number of vehicular parking spaces. All residential buildings shall provide secure, covered bicycle storage facilities for 15% or more of building occupants. Reduced requirements for secure, covered bicycle parking may be considered, based on the needs of the occupants of the building. 5.0 Approval Process (1) Pursuant to Section 66 of the Planning and Development Act, 2007, City Council delegates approval of all development applications for one-unit dwellings and pop-up retail occupants for DCD1 approval to the Development Officer, subject to compliance with all requirements of this bylaw. (2) A complete application for development within the DCD must contain the following information: (a) the plans showing the location of all buildings to be erected, all facilities and works to be provided in conjunction with those buildings and all facilities and works required pursuant to subsection (2); (b) the drawings showing plan, elevation, and cross-sectional views for each building to be erected that are sufficient to display: (i) the massing and conceptual design of the proposed building; (ii) the colour, texture and type of materials, window detail and architectural detail of the exterior of the proposed building; (iii) the relationship of the proposed building to adjacent buildings, streets and exterior areas to which members of the public have access; and 133 (iv) the provision of interior walkways, stairs and escalators to which members of the public have access from streets, open spaces and interior walkways in adjacent buildings, but which do not include the layout of interior areas, other than the interior walkways, stairs and escalators. (3) Council of The City of Moose Jaw may require the proponent/applicant to enter into a development agreement with the City and the agreement may provide for: (a) the use of the land and any existing or proposed building; (b) the timing of construction of any proposed building; (c) the amenities required to be provided for public use or convenience within the building or on the land; (d) off-street loading and parking facilities; (e) walls, fences, hedges, trees, shrubs or other groundcover or facilities for the landscaping of the lands or the protection of adjoining lands; (f) walkways, including the surfacing of walkways, and all other means of pedestrian access; (g) facilities for the lighting, including floodlighting, of the land or any building; (h) vaults, central storage and collection areas and other facilities and enclosures for the storage of garbage and other waste material; (i) the construction by or at the expense of the person seeking approval, in whole or in part, of: (i) roads, sidewalks, landscaping, and street lighting; (ii) works, plants, pipelines or facilities for storm drainage, water supply and distribution or electrical distribution; (iii) a system of collection and disposal of sewage; or (iv) any other public utility; (4) Council of The City of Moose Jaw is bound by the conditions for approval and appeal as stated in Section 65 and 67 of The Planning and Development Act, 2007, and must render a decision 60 days after receipt of a complete application for approval. Attachments: Map 1 - Location of Direct Control District (DCD) No. 1 Map 2 - DCD1 Maximum Building Height 134 Map 1 Location and Application of Valley View Direct Control District No. 1 (DCD1) 135 Map 2 Maximum Building Height by Area 136 SECTION 14 - BYLAWS REPEALED 14.1 This Bylaw repeals Zoning Bylaw No. 3000 and all amendments thereto. SECTION 15 - COMING INTO FORCE 15.1 This Bylaw shall come into force and effect upon approval by the Minister of Municipal Affairs. PASSED AND ENACTED THIS 7th DAY OF SEPTEMBER, 2010 (Sgd.) "Glenn Hagel________ MAYOR (Sgd.) "Myron Gulka-Tiechko" CITY CLERK READ A FIRST TIME the 26th day of July, A.D. 2010. READ A SECOND TIME the 7th day of September, A.D. 2010. READ A THIRD TIME the 7th day of September, A.D. 2010. https://citymj.sharepoint.com/sites/Depts/clerks/Shared Documents/4. Municipal Governance and Bylaw/Bylaws/Zoning Bylaw/CONSOLIDATED ZONING BYLAW/MOST RECENT CONSOLIDATION/Zoning Bylaw Consolidation 06.23.2026.docx