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VILLAGE OF MUENSTER
ZONING BYLAW
Prepared for:
THE VILLAGE OF MUENSTER
Prepared by:
CROSBY HANNA & ASSOCIATES
LANDSCAPE ARCHITECTURE AND PLANNING
SASKATOON, SK
APRIL 2025
THE VILLAGE OF MUENSTER
BYLAW No. 5/2025
A Bylaw of the Village of Muenster to adopt a Zoning Bylaw.
The Council of the Village of Muenster, in the Province of Saskatchewan, in open meeting assembled enacts
as follows:
(1)
Pursuant to Section 34(1) of The Planning and Development Act, 2007 the Council of the Village
of Muenster hereby adopts the Village of Muenster Zoning Bylaw No. 5/2025, identified as
Schedule "A" to this bylaw.
(2)
The Mayor and Chief Administrative Officer are hereby authorized to sign and seal Schedule "A"
which is attached to and forms part of this Bylaw.
(3)
Bylaw No. 7/86, the Zoning Bylaw, and all amendments thereto, are hereby repealed.
(4)
This bylaw shall come into force on the date of final approval by the Minister of Government
Relations.
Read a First Time the
_16th__
day of ____April________,
__2025___
Read a Second Time the
_18th__
day of ____June_________,
__2025____
Read a Third Time the
_18th______
day of ____June_________________, ___2025___
Adoption of the Bylaw this _18th_____ day of ____June_________________, ____2025__
__________________________________________
(Mayor)
SEAL
__________________________________________
(Chief Administrative Officer)
Certified a True Copy of the Bylaw adopted by Resolution of Council
On the _________
day of _____________________,
of the year
__________
THE VILLAGE OF MUENSTER
ZONING BYLAW
Being Schedule "A" to Bylaw No. ________________
of the Village of Muenster
______________________________________
Mayor
SEAL
______________________________________
Chief Administrative Officer
TABLE OF CONTENTS
1
INTRODUCTION ..................................................................................................... 1
1.1
Title ............................................................................................................................................... 1
1.2
Scope ............................................................................................................................................. 1
1.3
Purpose .......................................................................................................................................... 1
1.4
Severability ................................................................................................................................... 1
2
INTERPRETATION .................................................................................................. 3
3
ADMINISTRATION ............................................................................................... 27
3.1
Development Officer................................................................................................................... 27
3.2
Development Permits .................................................................................................................. 27
3.3
Development Permit Application Requirements ........................................................................ 27
3.4
Development Permit Application Process .................................................................................. 29
3.5
Development Appeals Board ...................................................................................................... 29
3.6
Right of Appeal ........................................................................................................................... 29
3.7
Minor Variances .......................................................................................................................... 30
3.8
Nonconforming Uses, Buildings and Sites ................................................................................. 32
3.9
Discretionary Use Applications .................................................................................................. 32
3.10
Zoning Compliance, Offences and Penalties .............................................................................. 39
3.11
Fees ............................................................................................................................................. 40
3.12 Special Provisions for Contract Zoning Agreements .................................................................. 40
4
GENERAL REGULATIONS ...................................................................................... 41
4.1
Licences, Permits and Compliance with Other Bylaws and Legislation .................................... 41
4.2
Number of Principal Buildings Permitted on a Site .................................................................... 41
4.3
Height Restrictions ...................................................................................................................... 41
4.4
Visibility Clearance at Intersections (Sight Triangles) ............................................................... 41
4.5
Required Yards and Open Space ................................................................................................ 42
4.6
Fences ......................................................................................................................................... 43
4.7
Accessory Buildings and Structures ........................................................................................... 44
4.8
Off-Street Parking and Loading .................................................................................................. 51
4.9
Signs ............................................................................................................................................ 55
4.10
Servicing ..................................................................................................................................... 61
4.11
Storage of Materials and Unlicensed or Inoperative Vehicles .................................................... 61
4.12
Outside Storage and Waste Material Storage .............................................................................. 61
4.13
Development on Hazard Lands ................................................................................................... 62
4.14
Buildings or Uses Occupying More than One Lot ...................................................................... 62
4.15 Keeping of Boarders ................................................................................................................... 62
4.16
Frontage on Road ........................................................................................................................ 62
4.17
Building to Be Moved ................................................................................................................. 62
4.18
Demolition of Buildings.............................................................................................................. 63
4.19
Excavation, Stripping and Grading ............................................................................................. 63
4.20
Garage and Yard Sales ................................................................................................................ 64
4.21
Water ........................................................................................................................................... 64
4.22 Trailer Coaches and Tents............................................................................................................ 64
4.23
Landscaping ................................................................................................................................ 65
4.24
Lighting of Sights ....................................................................................................................... 66
4.25
Prohibited Uses ........................................................................................................................... 66
4.26
Storage of Chemicals, Fertilizers and Combustible Materials .................................................... 67
4.27
Development In Proximity To Rail Lines ................................................................................... 67
5
Special Regulations and Standards ...................................................................... 69
5.1
Above Ground and Underground Fuel Storage Tanks ................................................................ 69
5.2
Adult Day Care Facilities, Residential Care Homes and Custodial Care Facilities .................... 69
5.3
Bed and Breakfast Homes ........................................................................................................... 69
5.4
Short Term Vacation Rental ....................................................................................................... 70
5.5
Day Care Centres and Pre-Schools ............................................................................................. 70
5.6
Dwelling Groups ......................................................................................................................... 70
5.7
Garden and Garage Suites ........................................................................................................... 71
5.8
Secondary Suites ......................................................................................................................... 72
5.9
Home-Based Businesses ............................................................................................................. 72
5.10
Parking Lots ................................................................................................................................ 75
5.11 Service Stations and Gas Bars .................................................................................................... 76
5.12
Solar Energy Systems ............................................................................................................... 777
5.13
Wind Generators ......................................................................................................................... 77
5.14 Electric Vehicle Charging Stations ............................................................................................. 77
5.15 Family Child Care Homes........................................................................................................... 78
5.16
Manufactured/Mobile Home Courts ........................................................................................... 78
5.17
Cannabis Retail Stores ................................................................................................................ 78
5.18
Campgrounds and Tourist Camps ............................................................................................... 78
5.19
Bulk Fertilizer Operations ........................................................................................................... 80
6
ZONING DISTRICTS .............................................................................................. 81
6.1
Classification of Zoning Districts ............................................................................................... 81
6.2
The Zoning District Map............................................................................................................. 81
6.3
Boundaries of Zoning Districts ................................................................................................... 81
6.4
Zoning Districts .......................................................................................................................... 82
6.5 Transitional Zoning Provisions ................................................................................................... 82
6.6
Properties with More than One Zoning District .......................................................................... 82
7
DISTRICT SCHEDULES ........................................................................................... 83
7.1
R1 - Residential District .............................................................................................................. 83
7.2
RA - Acreage Residential District .............................................................................................. 86
7.3
RMH - Residential Manufactured/Mobile Home Residential District ....................................... 88
7.4
C1 - Downtown Commercial District ........................................................................................ 90
7.5
C2 - Highway Commercial District ............................................................................................ 93
7.6
M - Industrial District ................................................................................................................. 96
7.7
FUD- Future Urban Development .............................................................................................. 99
7
MAPS ................................................................................................................ 101
Village of Muenster Zoning Bylaw
1
1
INTRODUCTION
Under the authority of The Planning and Development Act, 2007, and Bylaw No. 4/2025, the Official
Community Plan of the Village of Muenster, the Council of the Village of Muenster in the Province of
Saskatchewan, in open meeting, hereby enacts as follows:
1.1
TITLE
This bylaw shall be known and may be cited as the Zoning Bylaw of the Village of Muenster.
1.2
SCOPE
Development shall be permitted within the limits of the Village of Muenster only when in conformity with
the provisions of this Bylaw subject to the right of appeal provisions of The Act.
1.3
PURPOSE
This is a bylaw to control the use and development of the land in the municipality and assist in implementing
the Official Community Plan for the Village of Muenster.
1.4
SEVERABILITY
If any section, clause or provision of this bylaw, including anything shown on the Zoning District Map, is
for any reason declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
validity of the bylaw as a whole or in part, other than the section, clause, provision or anything shown on
the Zoning District Map, declared to be invalid.
2
Village of Muenster Zoning Bylaw
Village of Muenster Zoning Bylaw
3
2
INTERPRETATION
Whenever in this bylaw the following words or terms are used, they shall, unless the context otherwise
provides, be held to have the following meaning:
Abutting: Shall mean touching and sharing a common site line or boundary.
Accessory Building or Use: Shall mean a building or use which:
(a)
is subordinate to and serves the principal building or principal use;
(b)
is subordinate in area, extent, and purpose to the principal building or principal use served;
(c)
contributes to the comfort, convenience or necessity of occupants of the principal building or
principal use served; and,
(d)
is located on the same site as the principal building or principal use served.
Act: Shall mean The Planning and Development Act, 2007.
Adult Day Care: Shall mean an establishment for the placement, care and supervision of adults, but does
not include the provision of overnight supervision.
Adult Day Care - Type I: Shall mean an adult day care with up to five persons under supervision at any
one time.
Adult Day Care - Type II: Shall mean an adult day care with more than five persons under supervision at
any one time.
Adult Entertainment Facility: Shall mean, whether as a principal, accessory or ancillary use, a venue
which features live entertainment, motion pictures, video tapes, video discs, slides or similar electronic or
photographic reproductions of adult entertainment including strip-tease, wet clothing contests or similar
adult performances.
Alteration: Shall mean any structural change in, or addition to, a building or structure, and shall include a
change from one type of use to another.
Ambulance Station: Shall mean a facility for receiving requests for ambulance service and for the
stationing of one or more ambulances until dispatched in response to calls for service, which is operated by
a person or corporation having a valid and subsisting ambulance licence issued pursuant to The Ambulance
Act and having a current contract with the Regional Health Authority.
Ancillary Use: Shall mean a use that is secondary and subordinate in size, extent and purpose to the
principal use on the same site but is not necessary for the operation of the principal use on that site.
Animal Hospital: Shall mean a place used for the care and treatment of small and large animals involving
out-patient care, medical procedures involving hospitalization, and the keeping of animals in outdoor pens.
Balcony: Shall mean a platform, projecting from the face of a wall, cantilevered or supported by columns
or brackets and usually surrounded by a railing.
Bare Land Condominium: Shall mean a condominium divided into bare land units as defined in The
Condominium Property Act, 1993.
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Village of Muenster Zoning Bylaw
Bare Land Unit: Shall mean a bare land unit as defined within The Condominium Property Act, 1993.
Basement, Walkout: Shall mean that portion of a building which is partly underground, but which has
more than 50% of the floor area not greater than 0.6 metres below grade or which has an entrance at finished
floor level. This definition shall only apply to sites which have been designed to accommodate a walkout
basement.
Bed and Breakfast Home: Shall mean a dwelling unit in which the occupants thereof use a portion of the
dwelling unit for the purpose of providing, for remuneration, sleeping accommodations and one meal per
day to members of the general public, for periods of two weeks or less, and in which:
(a)
not more than three bedrooms within the dwelling unit are used to provide such sleeping
accommodation;
(b)
the dwelling unit is the principal residence of the person or persons receiving the remuneration and
providing the sleeping accommodation and one meal per day; and,
(c)
the meal which is provided is served before noon each day.
Boarder: Shall mean 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.
Boulevard: Shall mean the strip of land between the curb and the property line, or in the absence of a curb,
the strip of land between the road/pavement edge and the property line. The boulevard is located within the
road right-of-way.
Building: Shall mean a structure constructed or placed on, in, or over land, but does not include a public
highway, and includes any structure covered by a roof and supported by walls or columns.
Building Bylaw: Shall mean any bylaw of the Village of Muenster regulating the erection, alteration,
repair, occupancy or maintenance of buildings or structures.
Building Front Line: Shall mean the line of the wall of the building, or any projecting portion of the
building, and production thereof excluding permitted obstructions which face the front site line.
Building Height: Shall mean the vertical distance of a building measured from grade level, 0.3 metres back
from the principal building to the highest point of the roof surface.
Building Line, Established: Shall mean a line, parallel to the front site line (and, in the case of corner sites,
a line, parallel to the side site line along the flanking street), and set back the average distance from the
edge of the street to the main walls of the existing buildings on a side of any block of the street where more
than half the lots have been built on.
Building Permit: Shall mean a permit issued under a Building Bylaw of the Village of Muenster
authorizing the construction of all or part of a building or structure.
Building, Principal: Shall mean the building in which is conducted the main or primary use of the site on
which said building is situated.
Building Rear Line: Shall mean the line of the wall of the building or any projecting portion of the building
and production thereof excluding permitted obstructions which face the rear site line.
Village of Muenster Zoning Bylaw
5
Building Side Line: Shall mean the line of the wall of the building, or any projecting portion of the building
and production thereof excluding permitted obstructions, which face the side site line.
Bulk Fertilizer Operation: Shall mean a facility for the storage and distribution of fertilizer in bulk
quantities but not including retail sales or processing.
Bylaw, this: Shall mean the Zoning Bylaw of the Village of Muenster.
Cannabis Grow Operation: a facility, approved under federal and provincial regulations, that is used in
whole or in part for the planting, cultivation, harvest, and management of the cannabis plant and any of its
derivatives.
Cannabis Retail Store: a retail store, approved under federal and provincial regulations that sells cannabis
and any of its derivatives.
Carport: Shall mean a roofed enclosure for the parking of a motor vehicle or motor vehicles which has
less than 60% of the total perimeter enclosed by walls, doors or windows and is attached to a principal
building.
Car Wash: Shall mean a building or portion of a building which is used for the washing of vehicles,
including full service, automatic and hand operated facilities.
Cemetery: Shall mean property used for the interment of the dead and may include facilities for the storage
of ashes of human remains that have been cremated.
Chief Administrative Officer: Shall mean the Chief Administrative Officer for the Village of Muenster.
Club: Shall mean a group of people organized for a common purpose, to pursue common goals, interests
or activities, usually characterized by certain membership qualifications, payment of dues or fees, regular
meetings, and a constitution and bylaws; and shall include lodges and fraternal organizations.
Common Wall: Shall mean 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.
Communication Facility: Shall mean an Industry Canada regulated communication facility, including
radio, television, cellular telephone and microwave transmission towers and accessory buildings.
Community Centre: Shall mean a building or facility used for recreational, social, educational or cultural
activities and which is owned by a municipal corporation, nonprofit corporation or other nonprofit
organization.
Construction Trades: Shall mean offices, shops and warehouses, with or without associated retail sales of
plumbing and heating, electrical, carpentry, masonry and other trades associated with construction of
buildings.
Convenience Store: Shall mean a store offering for sale primarily food products, beverages, tobacco,
personal care items, hardware and printed matter and which primarily provides a convenient day-to-day
service to residents in the vicinity.
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Village of Muenster Zoning Bylaw
Corner Site: Shall mean a site at the intersection or junction of two or more streets or a street and a lane.
Council: Shall mean the Council of the Village of Muenster.
Cultural Institution: Shall mean an establishment such as a museum, art gallery, library and similar
facilities of historical, educational or cultural interest which are not commercially operated.
Custodial Care Facility: Shall mean either:
(a)
a facility for the temporary detention or open custody of persons pursuant to the provisions of The
Youth Criminal Justice Act (Canada) or The Summary Offences Procedure Act, 1990
(Saskatchewan); or,
(b)
a facility for the accommodation of persons participating in a community training program pursuant
to The Correctional Services Act,
in which the number of persons in detention, custody or residence does not exceed four.
Day Care Centre: Shall mean a facility for the non-parental care of over four (4) preschool age children
on a daily basis, including after school programs, and licensed under The Child Care Act or Education Act.
Deck: Shall mean a raised platform, with or without rails, for use by those occupying the principal building.
Deck or Patio, Covered: Shall mean a single storey deck or patio which is covered with a permanent roof
structure which may be enclosed by walls, windows or screens and which is attached to the dwelling but
not integrated into the dwelling unit by virtue of the extension of the dwelling unit's heating or cooling
system or the removal of the exterior door between the deck or patio and the dwelling unit. In addition,
50% of the walls must be openings and no basement may be constructed under the deck or patio. A covered
deck or patio may provide up to three-season use.
Development: Shall mean the carrying out of any building, engineering, mining or other operations in, on,
or over land, or the making of any material change in the use or intensity of use of any building or land.
Development Permit: Shall mean a document authorizing a development, issued pursuant to this Zoning
Bylaw.
Dwelling: Shall mean a building used or intended for residential occupancy and may include a Modular
Dwelling or a Ready-to-Move Dwelling, but excluding a Manufactured Dwelling, as herein defined.
Dwelling Group: Shall mean a group of two or more detached one unit dwellings, two unit dwellings or
multiple-unit dwellings or combinations thereof occupying the same site.
Dwelling, Manufactured: Shall mean a dwelling that conforms to the CSA Standard No. Z240.2.1 - 1979
and amendments thereto, and which was formerly referred to as a mobile home.
Dwelling, Modular: Shall mean a dwelling which is constructed of prefabricated parts, unit modules and/or
finished sections built in a factory, conforming to CSA Standard A277, and which are transported to the
site for assembly on a fixed approved foundation which complies with the requirements of the National
Building Code of Canada.
Dwelling, Multiple-Unit: Shall mean a building divided into three or more dwelling units as herein defined
Village of Muenster Zoning Bylaw
7
and shall include town or row houses and apartment dwellings but not hotels or motels.
Dwelling, Multiple-Unit Apartment: Shall mean a building divided into three or more dwelling units as
herein defined, each of which is occupied or intended to be occupied as a permanent home or residence and
is accessed from the outside, a common indoor area, or both, but not including hotels, motels or townhouses.
Dwelling, Multiple-Unit Townhouse: Shall mean a multiple-unit dwelling in which each unit has its own
entrance to the outside and each unit is separated from other units by a common wall or ceiling which has
no openings.
Dwelling, Ready-to-Move (RTM): Shall mean a ready-to-move one or two unit dwelling which is built to
completion off-site using conventional lumber and building practices according to the current National
Building Code of Canada, and which is transported to the site as a complete unit for placement on a fixed
approved foundation which complies with the requirements of the National Building Code of Canada.
Dwelling, Secondary Suite: Shall mean a self-contained dwelling unit that is an accessory use to, and
located within, a building in which the principal use is a single detached dwelling.
Dwelling, Semi-Detached: Shall mean a dwelling on its own site, with a common wall dividing the two
dwelling units through at least 30% of the depth of the entire structure, measured from the front to the rear
building lines (Refer to Figure 2-? Below).
Dwelling, Single Detached: Shall mean a detached building consisting of one dwelling unit as herein
defined, but shall not include a manufactured dwelling as herein defined.
Dwelling, Street Townhouse: Shall mean a dwelling, designed as one cohesive building in terms of
architectural design, which contains three or more similar attached dwelling units each of which fronts on
a street, has direct access to the outside at grade and is not wholly above another dwelling.
Dwelling, Two-Unit: Shall mean a building divided into two separate dwelling units on the same site but
not including single detached dwellings which contain a secondary suite as defined herein.
Dwelling Unit: Shall mean a separate set of living quarters, whether occupied or not, usually containing
sleeping facilities, sanitary facilities and a kitchen or kitchen components. For the purposes of this
definition, "kitchen components" include, but are not limited to, cabinets, refrigerators, sinks, stoves, ovens,
microwave ovens or other cooking appliances.
Educational Institution: Shall mean a post-secondary college, university or technical institution, but shall
not include a private school.
Exotic Animal: Shall mean an animal not indigenous to Canada and not commonly kept as a
household pet in Canada.
Fabric Covered Structure, Accessory: Shall mean a pre-manufactured structure consisting of wood
framing, tubular metal, or tubular plastic frame, covered on the roof and sides with fabric, reinforced plastic,
vinyl, or other sheet material, intended for temporary storage purposes.
Family Child Care Home: an accessory use to a dwelling, where the occupants of the dwelling provide
child care services, supervision or pre-school services.
8
Village of Muenster Zoning Bylaw
Family Child Care Home, Type I: a family child care home where the total number of children under care
or supervision, including the number of children who are residents in the dwelling, does not exceed 4.
Family Child Care Home, Type II: a family child care home where the total number of children under
care or supervision, including the number of children who are residents in the dwelling, does not exceed 8.
Farmers' Market: Shall mean a permanent structure or group of farm stands, operated on a seasonal or
year-round basis, which allows for agricultural or horticultural producers to retail their products and other
agriculture-related items, including those produced in a community garden, directly to consumers and
enhance income through value-added products, services, and activities.
Farm Stand: Shall mean a seasonal direct-marketing operation without a permanent structure and offering
outdoor shopping for the sale of locally-produced agricultural products including those produced in a
community garden, enhanced agricultural products, and handmade crafts.
Fence: Shall mean an artificially constructed barrier erected to enclose or screen areas of land.
Financial Institution: Shall mean a bank, credit union, trust company, or similar establishment.
Flankage: Shall mean the side site line of a corner site which abuts the street.
Flood fringe: shall mean the portion of the flood plain inundated by the 1:500 year flood that is not
floodway.
Flood plain: shall mean the area inundated by water from a watercourse or water body during a 1:500 year
flood and is made up of the floodway and flood fringe.
Floodway: shall mean the portion of the flood plain adjoining 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.
Floor Area: Shall mean the maximum habitable area contained within the outside walls of a building,
excluding in the case of a dwelling unit any private garage, unfinished attic or unfinished basement.
Frontage: Shall mean the side of a site abutting a street and, in the case of a corner site, the narrower of
the two sides is the frontage. In the event that the lot is square, it would be the side chosen as the front,
provided it is a corner lot.
Fuel Storage Depot, Bulk: Shall mean a facility for the storage and distribution of petroleum and
petrochemical products in bulk quantities, but not including retail sales or processing, and may include key-
card pumps.
Fuel Storage Tank, Above Ground: Shall mean a storage tank, which is constructed above grade and
which contains gasoline, diesel fuel, or propane for retail sale or dispensing into motor vehicles.
Fuel Storage Tank, Underground: Shall mean a storage tank, any portion of which is below grade and
which contains gasoline, diesel fuel, or propane for retail sale or dispensing into motor vehicles.
Fuel Storage Tank, Bulk: Shall mean a storage tank for the purpose of storing fuels for distribution.
Village of Muenster Zoning Bylaw
9
Garden Suite: Shall mean a small, ground oriented dwelling unit located in the rear yard of a single
detached dwelling and contained within a detached accessory building that has cooking, food preparation,
sleeping and sanitary facilities which are separate from those of the single detached dwelling.
Garage, Private: Shall mean a garage used for storage purposes only, where no business, occupation or
service is conducted for gain, other than an approved home-based business, and in which no space is rented
to or by a non-resident of the premises.
Garage, Public: Shall mean any garage available to the public, operated for gain, and which is used for
repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles,
including major repairs.
Garage Suite: Shall mean a dwelling unit which is attached to or made a part of a detached accessory
building located in the rear yard of a single detached dwelling that has cooking, food preparation, sleeping
and sanitary facilities which are separate from those of the single detached dwelling.
Gas Bar: Shall mean a building or facility used for the retail sale of motor vehicle fuels from fixed pumps
and includes electrical vehicle charging stations.
Geothermal Energy System: Shall mean a system that provides a renewable source of energy that taps
deep into the heat of the earth's crust.
Grade Level: Shall mean the average level of the finished surface of the ground adjacent to the exterior
walls of the building or structure. In the case of one-unit dwellings, two-unit dwellings and semi-detached
dwellings with a walk-out basement, grade level shall be the average elevation of the finished surface of
the ground adjacent to the side walls of the building.
Gross Floor Area: Shall mean the sum of the gross horizontal area of the building measured at each floor
level. All dimensions shall be measured between exterior faces of exterior walls.
Gross Floor Space Ratio: Shall mean the ratio of the gross floor area of the principal building, exclusive
of any parking area, divided by the site area.
Habitable: Shall mean any room in a dwelling, such as a bedroom, bathroom, kitchen or living room, other
than a non-habitable room.
Habitable, Non: Shall mean a space in a dwelling providing a service function and not intended primarily
for human occupancy, including entry ways, corridors or storage areas.
Hard Surfaced: Shall mean the provision of a durable, dust-free material constructed of concrete, asphalt
or similar pavement.
Hazard Land: Shall mean land which is subject to flooding, ponding, subsidence, landslides, erosion or
contamination.
Hazardous Material: Shall mean any product, substance or organism which, because of its quantity,
concentration or risk of spill, or its physical, chemical or infectious characteristics, either individually or in
combination with other substances, is an existing or potential threat to the physical environment, to human
health or to living organisms, including but not limited to:
(a)
Corrosives;
10
Village of Muenster Zoning Bylaw
(b)
Explosives;
(c)
Flammable and combustible liquids;
(d)
Flammable solids; substances liable to spontaneous combustion; substances that on contact
with water emit flammable gases;
(e)
Gases, compressed, deeply refrigerated, liquefied or dissolved under pressure;
(f)
Oxidizing substances; organic peroxides;
(g)
Poisonous (toxic) or infectious substances;
(h)
Radioactive materials;
(i)
Waste Dangerous Materials; and/or,
(j)
Any other environmentally hazardous substance.
Health Care Clinic: Shall mean a facility or institution engaged in the provision of services for health
maintenance, diagnosis or treatment of human pain, injury or other physical condition on an out-patient
basis and may include associated retail stores, including but not limited to pharmacies and optical retail.
Home-Based Business: Shall mean an accessory use of a dwelling unit by a resident of the dwelling for a
business which is secondary and incidental to the primary use of the dwelling as a residence, and does not
change the residential character of the buildings or site.
Home-Based Business - Type I: Shall mean a home-based business owned and operated by a resident or
residents of the dwelling unit.
Home-Based Business - Type II: Shall mean a home-based business owned and operated by a resident or
residents of the dwelling unit, but where no more than one non-resident person may be employed on the
site.
Hotel: Shall mean a building or part of a building used as a place for sleeping accommodation with or
without meals, and which may have a licensed beverage room, but does not include a motel.
Indoor Storage Rental Facility: Shall mean a building or buildings containing separate secured storage
units designed to be rented or leased for private storage of personal goods, materials and equipment,
household goods, furniture, general merchandise and vehicles, excluding:
(a)
highly flammable materials, chemicals, odorous, explosive or other inherently dangerous
or noxious goods; and
(b)
hazardous materials as defined in this bylaw.
Industrial Complex: Shall mean a building or a group of buildings located on the same site that are
managed as a single unit, all for their mutual benefit, including the use of off-street parking and other joint
facilities; and more than two approved permitted or discretionary uses are located on that site.
Industrial, General Use: Shall mean any of the following uses:
(a)
the processing of raw or finished materials;
(b)
the manufacturing or assembly of goods, products or equipment;
(c)
the cleaning, servicing, repairing or testing of materials, goods and equipment normally
associated with industrial or commercial businesses or cleaning, servicing and repair
operations of goods and equipment associated with personal or household use, where such
operations have impacts that would make them incompatible with non-industrial
development;
(d)
the storage or transshipment of materials, goods and equipment, including warehouses.
Village of Muenster Zoning Bylaw
11
(e)
The training of personnel in general industrial operations;
(f)
Indoor display, office, technical or administrative support areas or any sales operation
accessory to the general industrial use.
Intensive Agricultural Use: Shall mean a principal use that produces a crop that is grown in buildings or
under structures, using hydroponic techniques, or by use of intensive irrigation and fertilizer application,
but not including a livestock facility.
Intersection: Shall mean an area where two or more streets or lanes meet or cross at grade.
Junk and Salvage Yards: Shall mean uses including, but not limited to, uses involved in salvaging, storing
or selling scrap metal, paper, plastic, glass, wood and other waste material, as well as unlicensed vehicles
and used vehicle parts.
Kennel, Boarding: Shall mean the temporary accommodation of dogs, cats or other domestic animals for
commercial purposes.
Landscaping: Shall mean the changing, rearranging, or adding to the original vegetation of a site, including
site grading, addition of topsoil, grass, trees, plants, sidewalks and other natural or decorative features.
Landscaping, Hard: Shall mean landscape features consisting of non-vegetative materials such as brick,
stone, concrete, tile and wood, excluding gravel, loose rock, outdoor carpeting, or monolithic concrete and
asphalt.
Landscaping, Soft: Shall mean landscape features consisting of vegetation such as trees, shrubs, hedges,
and grass.
Lane: Shall mean a public highway vested in the Crown as a secondary level of access to a lot or parcel of
land.
Light Manufacturing: Shall mean a light industrial use where all processing, fabricating, assembly, or
disassembly of items takes place wholly within an enclosed building, including, but not limited to apparel,
food, drapes, clothing accessories, bedspreads, decorations, artificial plants, jewelry, instruments,
computers, and electronic devices.
Licensed Facility: Shall mean a facility licensed by the Saskatchewan Liquor and Gaming Authority
(SLGA) to sell alcoholic beverages for consumption on or off site. A licensed facility may include night
clubs, taverns, or lounges.
Loading Space: Shall mean a space, measuring at least 3.0 metres in width and 7.5 metres in depth, located
on a site, and having access to a street or lane, in which a vehicle may park to load or unload goods.
Lot: Shall mean an area of land with fixed boundaries and which is of record with the Information Services
Corporation by Certificate of Title.
Lounge: Shall mean a room or area adjoining a restaurant that permits the sale of beer, wine or spirits for
consumption on the premises, with or without food, and where no entertainment or dance floor is permitted,
either in the lounge or in the restaurant attached to the lounge. The area of a lounge may not exceed 50%
of the public assembly area in the adjoining restaurant.
Mayor: Shall mean the Mayor of the Village of Muenster.
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Village of Muenster Zoning Bylaw
Medical, Dental and Optical Laboratories: Shall mean a place fitted with medical and scientific
equipment and used for the conduct of medical, dental or optical investigations, experiments, and tests; or
for the manufacture of medicines or medical aid devices, but does not include the manufacture of industrial
chemicals.
Micro Brewery: Shall mean 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.
Micro Distillery: Shall mean a small facility which manufactures, stores, and sells spirits from any source
or substance that is licensed by the Saskatchewan Liquor and Gaming Authority (SLGA). Micro Distilleries
may provide for on-site consumption, and primary on-site distilling facilities, food service, and products
for retail sale.
Micro Winery: Shall mean a small facility which manufactures, stores, and sells wine from any source or
substance that is licensed by the Saskatchewan Liquor and Gaming Authority (SLGA). Micro Wineries
may provide for on-site consumption, with primary fruit processing and/or bulk fermentation, food service
and products for retail sale.
Minister: Shall mean the member of the Executive Council who, for the time being, is assigned the
administration of The Planning and Development Act, 2007.
Mobile Home: Shall mean a manufactured dwelling (see dwelling, manufactured), as herein defined.
Motel: Shall mean an establishment consisting of a group of attached or detached living or sleeping
accommodations each with a bathroom, located on a lot or site and designed for use by the public, and may
include a restaurant or licensed dining room and living accommodations for the owner or operator.
Motor Vehicle: Shall mean an automotive vehicle designed or adapted for use on highways and streets. A
motor vehicle does not include a trolley bus or vehicle designed or adapted for use on highways and streets.
A motor vehicle does not include a trolley bus, or a vehicle designed or adapted to be operated to be only
on rails.
Municipal Facility: Shall mean land and/or structures owned by the municipality including, but not limited
to, land and/or structures used for the following:
(a)
Office and/or meeting space;
(b)
Storage of municipal equipment and/or supplies; and/or
(c)
Other institutional purposes.
Municipality: Shall mean the Village of Muenster.
Night Club: Shall mean a building or portion thereof, where beer, wine or spirits are served to patrons for
consumption on the premises, with or without food, and where a designated area for entertainment or
dancing, but not including adult entertainment, during certain hours of operation may also be provided.
Nonconforming Building: Shall mean a building:
(a)
that is lawfully constructed or lawfully under construction, or in respect to which all
required permits have been issued, on the date that this bylaw or any amendment to the
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13
bylaw affecting the building or land on which the building is situated or will be situated,
becomes effective; and,
(b)
that on the date this bylaw or any amendment hereto becomes effective does not or when
constructed will not comply with this bylaw.
Nonconforming Site: Shall mean a site, consisting of one or more contiguous parcels, to which all required
permits have been issued on the date that this bylaw or any amendment to the bylaw becomes effective,
contains a use that conforms to the bylaw, but the site area or site dimensions do not conform to the
standards of the bylaw for that use.
Nonconforming Use: Shall mean a lawful specific use:
(a)
being made of land or a building or intended to be made of a land or of a building lawfully
under construction, or in respect to which all required permits have been issued, on the date
this bylaw or any amendment hereto becomes effective; and,
(b)
that on the date this bylaw or any amendment hereto becomes effective does not, or in the
case of a building under construction or in respect of which all required permits have been
issued, will not comply with this bylaw.
Office and Office Building: Shall mean a building or part of a building used primarily for conducting the
affairs of a business, profession, service, industry, or government in which no goods or commodities of
business or trade are stored, transshipped, sold or processed.
Official Community Plan: Shall mean the Official Community Plan for the Village of Muenster.
Parking Lot: Shall mean an open area of land, other than a street, used for the temporary parking of
vehicles and available for public use whether free, for charge, or for accommodation of clients or customers.
Parking, Off-street: Shall mean accommodation for the parking of vehicles off a public street or lane.
Parking Space, Vehicle: Shall mean a space within a building or parking lot for the parking of one vehicle
and which has access to a developed street or lane, having minimum dimensions of 2.7 metres wide by 6.7
metres deep with direct lane access; 3.0 metres wide by 6.7 metres deep for a parallel space; and 2.7 metres
wide by 6.0 metres deep for all other.
Parks and Playgrounds: the use of land for public active or passive recreational activities and may include
sports fields and courts, public washrooms, picnic areas, playground equipment, storm water ponds, skating
rinks, pedestrian and bicycle paths, open space and landscaped areas.
Patio: Shall mean an open horizontal, artificially surfaced area adjacent to the principal building, usually
at grade level, intended for use as an outdoor private amenity space.
Permitted Use: Shall mean any use or form of development, other than a discretionary use or a non-
conforming use, specifically allowed in a zoning district subject to the regulations applicable to that zoning
district.
Personal Care Home: Shall mean a facility licensed under the Personal Care Homes Act that provides
long-term residential, social and personal care, including accommodation, meals, supervision or assistance
for persons who have some limits on ability for self-care, and are unrelated to the operator or owner.
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Village of Muenster Zoning Bylaw
Personal Service Shop: Shall mean a business associated with the grooming of persons or the maintenance
or repair of personal wardrobe articles and accessories and may include:
(a)
beauty salons and barber shops;
(b)
shoe repair;
(c)
dry-cleaning pick-up depots;
(d)
self-serve laundry;
(e)
tailor or seamstress;
(f)
massage services;
(g)
photography studios;
(h)
tanning beds; and
(i)
tattoo parlours,
but does not include the provision of health-related services.
Pet Grooming Establishment: Shall mean a business associated with the grooming of small domestic
animals not prohibited by the Animal Control Bylaw with the confinement of animals restricted to indoors;
but not including kennels for overnight boarding.
Photography Studio: Shall mean a place used for portrait or commercial photography, including the
developing and processing of film, and the repair or maintenance of photographic equipment.
Place of Worship: Shall mean a place used for worship and related religious, philanthropic or social
activities and includes accessory rectories, manses, meeting rooms and other buildings. Typical uses
include churches, chapels, mosques, temples, synagogues and parish halls.
Pole Shed: Shall mean a structure characterized by the lack of a formal foundation which makes use of
poles dug into the ground, set in place using a stabilizing agent such as cement or concrete, to support the
structure's roof and walls. Typical uses for this type of structure include, but are not limited to, equipment
storage, garages or workshops.
Preschool: Shall mean a facility which provides a program for preschool-aged children.
Public Hospital: Shall mean a hospital operated by the Regional Health Authority and which may include
associated retail stores, including but not limited to pharmacies.
Public Utility: Shall mean a government, municipality or corporation under federal or provincial statute
which operates a public work.
Public Work: Shall include:
(a)
systems for the production, distribution or transmission of electricity;
(b)
systems for the distribution, storage or transmission of natural gas or oil;
(c)
facilities for the storage, transmission, treatment, distribution or supply of water; and/or,
(d)
facilities for the collection, treatment, movement or disposal of sanitary sewage;
(e)
telephone, Internet, cable television or light distribution or transmission lines or towers;
and,
(f)
facilities for the collection, storage, movement and disposal of storm drainage.
Recreational Use: Shall mean a place designed and equipped for indoor or outdoor sports and other leisure
Village of Muenster Zoning Bylaw
15
time activities, operated as a business and open to the public for a fee, but does not include permanent
midways or fairgrounds.
Recreational Use, Commercial: Shall mean a commercial recreational use privately owned and operated
on a commercial basis.
Recreational Use, Public: Shall mean a recreational use operated by the Village of Muenster or other
public agency.
Recreational Vehicle: Shall mean a unit intended to provide temporary living accommodation for campers
or travellers; built as part of, or to be towed by, a motor vehicle and includes truck campers, motor homes,
tent trailers and travel trailers.
Recycling Collection Depot: Shall mean a building or structure used for collection and temporary storage
of recyclable household material such as bottles, cans, plastic containers and paper. The following shall not
be permitted at a recycling collection depot:
(a)
processing of recyclable material other than compaction;
(b)
collection and storage of oil, solvents or other hazardous material;
(c)
outdoor compaction.
Residential Care Facility: Shall mean 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.
Residential Care Facility - Type I: Shall mean a residential care home in which the number of residents,
excluding staff, does not exceed four.
Residential Care Facility - Type II: Shall mean a residential care home in which the number of residents,
excluding staff, is more than four.
Restaurant: Shall mean a place where food and beverages are prepared and served to patrons seated at
tables or counters, in a motor vehicle on the premises, or for off-site consumption, and may include a drive-
through service window.
Retail Store: Shall mean a place where goods, wares, or merchandise are offered for sale or rent, and may
include the manufacturing of products to be sold on site, provided the gross floor area used for
manufacturing does not exceed 25% of the gross floor area of the retail store.
Sandblasting: Shall mean the cleaning, smoothing, roughening or removing of part of the surface of any
article by the use of an abrasive, jet of sand, metal shot, grit or other material propelled by compressed air,
steam or by a wheel.
School, Private: Shall mean a facility which meets provincial requirements for elementary, secondary, or
higher education, and which does not secure the majority of its funding from taxation or any governmental
agency, and may include vocational and commercial schools, music or dance schools and other similar
schools.
School, Public: Shall mean a facility which meets provincial requirements for elementary or secondary
education, and which secures the majority of its funding from taxation.
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Village of Muenster Zoning Bylaw
Screening: Shall mean a fence, wall, berm or planted vegetation located so as to visually shield or obscure
one abutting area of use from another.
Secondary Suite: Shall mean a self-contained dwelling unit which is an accessory use to, and contained
within, a detached building in which the principal use is a single detached dwelling.
Service Station: Shall mean a place where petroleum products are kept for retail sales for automobiles and
other motor vehicles and where repairs, rental, servicing, greasing, adjusting or equipping of automobiles
or other motor vehicles may be performed, but not including painting, body work and major repairs and
includes electric vehicle charging stations.
Shipping Container: Shall mean a prefabricated metal container or box specifically constructed for the
transport of goods by rail, ship or transport truck and used for storage.
Shopping Centre: Shall mean a building, or group of buildings located on the same site that are managed
as a single unit, all for their mutual benefit, including the use of off-street parking and other joint facilities;
and where more than two approved permitted or discretionary uses are located on that site.
Short-Term Vacation Rental: A dwelling unit which is not the principal residence of the host, but is used
to provide rental accommodations to guests for tenancies of one day or more.
Sight Triangle: Shall mean the triangular area formed within a site by the intersecting front and side site
lines at a street intersection, an intersection of a street and a flanking lane, or an intersection of a street and
a driveway, and the straight line joining said site lines at points which are a measured distance along both
site lines (refer to Figure 2-1 below). In the case of a street intersection, at a corner site, the measured
distance shall be 7.6 m. In the case of a lane or driveway intersecting a street, the measured distance shall
be 4.5 m.
Figure 2-1: Sight Triangles
Village of Muenster Zoning Bylaw
17
Sign: Shall mean any device, letters, figures, symbols, emblems, or pictures which are affixed to, or
represented directly or indirectly upon a building or structure, which identify or advertise any object,
product, place, activity, person, organization or business; and which is visible on or from a street or public
thoroughfare.
Sign, Awning: Shall mean a sign made from canvas, plastic or similar non-rigid material affixed to a frame
and attached to a building wall (refer to Figure 2-2).
Figure 2-2: Illustration of Awning Sign
Sign, Canopy: Shall mean a sign consisting of a rigid, multi-sided structure supported by columns or posts
embedded in the ground (refer to Figure 2-3).
Figure 2-3: Illustration of Canopy Sign
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Village of Muenster Zoning Bylaw
Sign, Directional / Information: Shall mean a sign giving directions, instructions or facility information
but not including any advertising copy.
Sign, Electronic Message Centre: Shall mean a variable message sign that utilizes computer-generated
messages involving letters, words, graphics, animation, video or dynamic text. These signs include digital
displays, using incandescent lamps, LED's, LCD's, plasma or related technology, whereby the message
can be altered by electric or electronic means.
Sign, Face Area: Shall mean the area of the single face of any sign and is calculated using the illustration
in Figure 2-4.
Figure 2-4: Calculation of Sign Face Area
Sign, Fascia: Shall mean a sign fastened to or painted on the wall of a building or structure in such a manner
that the wall becomes the supporting structure for, or forms the background surface of the sign, and which
does not project more than 0.25 metres from such building or structure.
Sign, Free-Standing: Shall mean a non-movable sign, not affixed to a building, and which is supported by
a pole or similar structure.
Sign, Free-Standing Height: Shall mean the vertical distance of a freestanding sign measured from grade
level to the highest point of the sign.
Sign, Marquee: Shall mean a sign that is mounted or painted on, or attached to an awning, canopy, or
marquee.
Sign, Off Premise: Shall mean any sign displaying copy that directs attention to a business, activity,
product, service, or entertainment that cannot be considered as the principal products sold nor a principal
business, activity, service or entertainment provided on the premises or site where the sign is displayed.
Sign, Portable: Shall mean a portable, free-standing sign, mounted on a wide based frame, with a single
sign face area no greater than 4.5 m2 or a total gross area no greater than 9.0 m2, which can be readily moved
Village of Muenster Zoning Bylaw
19
or transported to various locations (refer to Figure 2-5).
Figure 2-5: Illustration of Portable Signs
Sign, Projecting: Shall mean a sign which is wholly or partially dependent upon a building for support and
which projects more than 0.25 metres beyond the wall of the building (refer to Figure 2-6).
Figure 2-6: Illustration of Projecting Sign
Sign, Roof: Shall mean a sign that is mounted on the roof of a building, or which is wholly dependent upon
a building for support and which projects above the point of a building with a flat roof, the eave line of a
building with a gambrel, gable or hip roof or the deck line of a building with a mansard roof.
Sign, Temporary: Shall mean an election sign or temporary sign bearing notice of sale or lease or other
information relating to a temporary condition affecting the property.
Sign, Total Face Area: Shall mean the total amount of sign face area on a sign including all sides.
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Village of Muenster Zoning Bylaw
Site: Shall mean an area of land:
(a) under one ownership considered as a unit;
(b) having its principal frontage on a public street; and
(c) not divided by a public street.
Site, Corner: Shall mean a site at the intersection of two or more streets (refer to Figure 2-7).
Figure 2-7: Illustration of Site Definition
Site, Interior: Shall mean a site other than a corner site (refer to Figure 2-7).
Site Coverage: Shall mean that portion of the site that is covered by principal and accessory buildings,
including covered patios and covered decks.
Site Line, Front: Shall mean the line that divides the site from the street right-of-way. In the case of a
corner site, the front site line shall mean the line separating the narrowest street frontage of the site from
the street right-of-way.
Site Line, Rear: Shall mean the line (or point) at the rear of the site adjacent to a rear lane and opposite the
front site line or in the case of no rear lane, the line or point at the rear of the site and opposite the front site
Village of Muenster Zoning Bylaw
21
line (refer to Figure 2-8).
Figure 2-8: Illustration of Rear Site Lines
Site Line, Side: Shall mean a site line other than a front or rear site line.
Site, Through: Shall mean a site not more than one lot in depth, having a frontage on two or more streets
(refer to Figure 2-7).
Site Width: Shall mean the horizontal distance between the side boundaries of the site measured at a
distance equal to the required minimum front yard from the front site line for the district in which the site
is located (refer to Figure 2-9).
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Village of Muenster Zoning Bylaw
Figure 2-9: Illustrations of Site Width
Solar Collector: Shall mean photovoltaic solar panels or modules that use the sun's energy to heat water
or produce electricity. That water or electricity can be used immediately, stored for later use or in the case
of electricity fed back to the grid for use by others.
Special Care Home: Shall mean a nursing home, supervisory care home, sheltered care home or other
facility used for the purpose of providing supervisory care, personal care, and nursing care.
Storey: Shall mean 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. A basement or cellar shall not be counted as a storey if it is designed or used for ancillary
activities such as long-term storage, mechanical rooms, stairways, janitorial rooms, or parking garage; and
at least one-half of the height of the basement or cellar, from finished floor to finished ceiling, is located
below grade level.
Street: Shall mean a public space, commonly used as a thoroughfare, which affords the principal means of
access to abutting properties.
Streetscape: Shall mean the physical elements of the street, as seen from a human perspective, that help
define the character, perception, scale, and overall "feel" of the street or neighbourhood, including:
(a)
trees and other vegetation;
(b)
sidewalks, medians, and boulevards, including textural elements;
(c)
street furniture and decoration;
(d)
frontages, façades, massing, scale, and architectural aesthetic of buildings;
(e)
pedestrians and bicyclists;
Village of Muenster Zoning Bylaw
23
(f)
moving and parked vehicles;
(g)
roadways and lanes;
(h)
signage; and
(i)
utility elements.
Structural Alteration: Shall mean the construction or reconstruction of supporting elements of a building
or other structure.
Structure: Shall mean anything erected or constructed, the use of which requires temporary or permanent
location on, or support of, the soil, or attached to something having permanent location on the ground or
soil; but not including pavements, curbs, walks or open-air surfaced areas.
Swimming Pool, Private: Shall mean an artificially-created basin lined with concrete, fibreglass, vinyl,
metal or similar material, intended to contain water for the use of persons for swimming, diving, wading,
or other similar activity, which is at least 600 mm in depth, and includes pools situated on top of grade and
hot tubs and whirlpools.
Tavern: Shall mean a building or portion thereof where beer, wine, or spirits are served to patrons for
consumption on the premises, with or without food, and where no entertainment or dance floor is permitted.
Temporary Development: Shall mean a building or use that may operate for a period of time determined
by the Village and which complies with all relevant development standards. A development permit may be
issued for a maximum of 12 months, after which time the development permit may be extended or re-issued
at the discretion of the Village.
Theatre: Shall mean a place devoted to showing motion pictures or dramatic, dance, musical or other live
performances.
Tourist Campground: Shall mean a tract or parcel of land which provides for the location of tents or
recreation vehicles used by travellers and tourists for overnight accommodation.
Trailer: Shall mean a vehicle, other than a semi-trailer, farm machinery, or a recreational vehicle, that is
drawn on a highway by a motor vehicle and that is designated for the conveyance of goods. Examples of a
trailer include, but are not limited to, small utility trailers (open or enclosed), and trailers to carry boats,
snowmobiles, all-terrain vehicles, jet-skis, or motorcycles.
Trailer Coach: Shall mean any vehicle used or constructed in such a way as to enable it to be used as a
conveyance upon public streets or highways and includes a self-propelled or non-self propelled vehicle
designed, constructed or reconstructed in such a manner as 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.
Use: Shall mean the purpose or activity for which a piece of land, or its building is designed, arranged,
occupied or maintained.
Use, Ancillary: a use that is secondary and subordinate in size, extent and purpose to the principal use on
the same site, but is not necessary for the operation of the principal use on that site.
Use, Discretionary: a use or form of development that may be allowed in a zoning district following
application to, and approval of the Council; and which complies with the development standards, as
required by Council, contained in this bylaw.
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Village of Muenster Zoning Bylaw
Use, General Industrial: any of the following uses:
(a) the processing of raw or finished materials;
(b) the manufacturing or assembly of goods, products or equipment;
(c) the cleaning, servicing, repairing, or testing of materials, goods and equipment normally
associated with industrial or commercial businesses or cleaning, servicing and repair operations
of goods and equipment associated with personal or household use, where such operations have
impacts that would make them incompatible with non-industrial development;
(d) the storage or transhipment of materials, goods and equipment, including warehouses;
(e) the training of personnel in general industrial operations;
(f) indoor display, office, technical or administrative support areas or any sales operation
accessory to the general industrial use.
Use, Permitted: any use or form of development, other than a discretionary use, specifically allowed in a
zoning district subject to the regulations applicable to that zoning district.
Use, Principal: the main activities conducted on a site.
Use, Prohibited: any use or form of development that is not allowed because it is not listed as a permitted
or discretionary use within a given zoning district, or because it is specifically prohibited elsewhere in this
bylaw.
Vehicle: Shall mean a device in or by which a person or thing may be transported or drawn on a street and
includes motor vehicles, trailer coaches, semi-trailers, fire engines, fire department apparatus, and all
vehicles propelled by muscular power; but does not include railway cars and other motor vehicles running
only upon rails or tracks or solely upon railway company property.
Veterinary Clinic: Shall mean a place for the care and treatment of small animals involving outpatient care
and medical procedures involving hospitalization, but shall not include the keeping of animals in outdoor
pens.
Village: Shall mean the Village of Muenster.
Wall Height: Shall mean the vertical distance of a building measured at the outermost building face, from
grade level to the top of the wall, not including the roof.
Warehouse: Shall mean a building used primarily for the storage of goods and materials.
Wholesale Establishment: Shall mean the sale of commodities to retailers or jobbers and shall include the
sale of commodities for the purpose of carrying on any trade or business.
Yard: Shall mean an unoccupied space open to the sky on the same site with a building or structure.
Yard, Front: Shall mean the area between the side site lines and the front site line to the front building
line.
Yard, Rear: Shall mean the area between the side site lines, and the rear site line to the rear building line.
Yard, Required: Shall mean a yard or yards required by this bylaw and within which, unless specifically
permitted, no building or structure, or part of a building or structure, shall be erected.
Village of Muenster Zoning Bylaw
25
Yard, Side: Shall mean the area between the front and rear yards and between the side site line and the side
building line.
Zoning District: Shall mean a specifically delineated area of the municipality within which certain uniform
requirements and regulations or various combinations thereof govern the use, placement, spacing and size
of land and structures.
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Village of Muenster Zoning Bylaw
Village of Muenster Zoning Bylaw
27
3
ADMINISTRATION
3.1
DEVELOPMENT OFFICER
3.1.1
The Development Officer shall administer this bylaw.
3.1.2
The Development Officer shall be the Chief Administrative Officer for the Village of Muenster
and any other person authorized, in writing, by council to act as a Development Officer for the
purposes of this bylaw and The Act.
3.2
DEVELOPMENT PERMITS
3.2.1
Except as provided in Section 3.2.2 no person shall undertake a development or commence a use
unless a development permit has first been obtained. A development permit cannot be issued in
contravention of any of the provisions of this bylaw subject to Sections 213 to 232 of The Act.
3.2.2
A development permit is not required, but all other applicable provisions of this bylaw are to be
followed, for the following:
(1)
the maintenance or construction of a public utility or Municipal Facilities;
(2)
the installation of a Municipal public work on any street or other public right-of-way;
(3)
maintenance and repairs that do not include structural alterations;
(4)
accessory buildings under 9.3 square metres in area;
(5)
fences; and,
(6)
excavation, stripping or site grading that is part of a Development Agreement which has
been approved, signed and registered.
3.2.3
The effective period for a development permit is 12 months. This period may be extended by the
Development Officer for an additional 12 months or any portion thereof if requested in writing by
the permit holder. A development permit shall be automatically invalid:
(1)
if the proposed development is not commenced within 6 months from the permit issuance
date, or
(2)
if the proposed development is legally suspended or discontinued, for a period of 24 or
more months, unless otherwise indicated by council or the Development Officer.
3.2.4
A building permit shall not be issued unless a development permit, where required, has been
granted. If a development permit is deemed void, a new building permit or sign permit is required
in conjunction with the issuance of a replacement development permit.
3.3
DEVELOPMENT PERMIT APPLICATION REQUIREMENTS
3.3.1
Except in the case of applications for a sign permit, a portable sign license or a home-based
business, every application for a development permit shall be accompanied by the following:
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Village of Muenster Zoning Bylaw
(1)
the names, addresses and telephone numbers of the applicant, property owner and person
or consultant who prepared the plans being submitted, including a local contact person.
(2)
the proposed use of the site or building to be constructed, or the proposed use of the existing
building floor area to be altered or occupied, including the area of the proposed building or
renovations.
(3)
the complete legal description and civic address of the subject property.
(4)
two copies of a site plan, drawn to scale with appropriate dimensions, showing the
following information:
(a)
north arrow, streets and lanes adjacent to the site, key plan showing nearby lot
patterns, all property boundaries, identified frontage of site, site area, site geodetic
elevations and the location of any existing buildings, structures, utility poles and
wires, fire hydrants, underground utilities, easements, building encroachments,
and the type and location of existing trees;
(b)
the location and size of proposed buildings or structures, including all front, side
and rear yard setback dimensions and the location of all doorways, walkways and
pedestrian circulation areas;
(c)
the location and size of all proposed parking spaces, aisles and vehicle circulation
areas, loading spaces, and entrances and exits to the site;
(d)
the location of commercial signage.
(5)
a scaled plan, showing the dimensioned floor plans and elevations, including both interior
and exterior wall and floor dimensions and room areas and dimensions.
(6)
a landscaping plan clearly indicating the following:
(a)
the location and description of other landscape improvements, such as, but not
limited to: earth berms, drainage swales, catch basins, walls, fences, screens,
sculptures, fountains, site furnishings, screened refuse containment areas, and
bicycle racks;
(b)
location, type and quantity of existing plant materials;
(c)
the location, type, quantity and spacing of new plant material showing a list of
plant material to be planted identifying caliper size and height at planting and a
table indicating the minimum site landscaping requirements of the site and the
actual landscaping provided. The planting and installation details as necessary to
ensure conformance with all requirements;
(d)
footprint of existing and proposed structures along with signage, driveways,
overall parking areas, sidewalks, curbs, and refuse collection areas. The surface
materials proposed for the property shall be indicated;
(e)
location, type and quantity of existing plant materials including caliper size and
height at planting;
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(f)
snow removal storage and drainage plans.
3.3.2
The Development Officer may require the submission of documentation relating to the
requirements of Section 4.16 Development on Hazard Lands, where relevant.
3.4
DEVELOPMENT PERMIT APPLICATION PROCESS
3.4.1
Applications for a development permit shall be submitted to the Development Officer in accordance
with the requirements of this bylaw.
3.4.2
The Development Officer shall issue a development permit for a development that complies in all
respects with the requirements of this bylaw, the Official Community Plan and The Act.
3.4.3
Where an application is made for a development permit with respect to a development for a
discretionary use which has been approved by council, the Development Officer shall issue a
development permit subject to any specified development standards and time limits prescribed by
council pursuant to Section 56(1)(c) and (d) of The Act.
3.4.4
Every decision of the Development Officer with respect to an application for a development permit
shall be in writing and a copy of the decision shall be sent to the applicant.
3.4.5
The Development Officer may revoke a development permit where:
(1)
the development permit has been issued in error;
(2)
an approved development for a permitted use is not being developed in accordance with
the provisions of this bylaw, or in accordance with the standards and conditions specified
in the development permit; or
(3)
the approval of a proposed development for a discretionary use is deemed to be invalid.
3.4.6
The Development Officer shall give the reasons for denying or revoking a development permit.
3.5
DEVELOPMENT APPEALS BOARD
3.5.1
A Development Appeals Board of the Village of Muenster shall be appointed in accordance with
Sections 213 to 227 of The Act.
3.6
RIGHT OF APPEAL
3.6.1
Where an application for a PERMITTED USE has been REFUSED, the applicant shall be advised
of the right of appeal to the Development Appeals Board of the Village of Muenster.
3.6.2
Where an application for a DISCRETIONARY USE has been APPROVED by Council, WITH
PRESCRIBED SPECIAL DEVELOPMENT STANDARDS pursuant to this bylaw, the applicant
shall be advised that any development standards considered excessive may be appealed to the
Development Appeals Board of the Village of Muenster.
3.6.3
Where an application for a DISCRETIONARY USE has been REFUSED by Council, the applicant
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shall be advised that there is no appeal pursuant to Section 219(2) of The Act.
3.6.4
An application for a Development Permit for a PERMITTED USE shall be deemed to be refused
when a decision thereon is not made within 40 days after the receipt of the application in its
complete and final form by the Development Officer, and an appeal may be made as provided in
Section 3.7.1 as though the application had been refused at the end of the period specified in this
subsection.
3.6.5
Where a person wishes to appeal to the Board, he/she shall file written notice of his/her intention
to appeal with the secretary of the Board, together with a non-refundable application fee as specified
in Section 3.11.2 of this Bylaw.
3.7
MINOR VARIANCES
3.7.1
The Development Officer may vary the requirements of this bylaw subject to the following
conditions:
(1)
a minor variance may be granted for variation only of:
(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
(2)
the maximum amount of minor variance shall not exceed a 20% variation of the
requirements of this bylaw;
(3)
the development shall conform to this bylaw with respect to the use of land;
(4)
the relaxation of this bylaw shall not injuriously affect neighbouring properties;
(5)
no minor variance shall be granted for a discretionary use, a discretionary form of
development or in connection with an agreement on rezoning entered into pursuant to
Section 69 of The Planning and Development Act, 2007; and
3.7.2
An application for a minor variance shall be in a form prescribed by the Development Officer and
shall be accompanied by an application fee as specified in the Fees Bylaw.
3.7.3
On receipt of an application for minor variance, the Development Officer may:
(1)
approve the minor variance;
(2)
approve the minor variance and impose terms and conditions on the approval; or
(3)
refuse the minor variance.
3.7.4 Where the Development Officer imposes terms and conditions on an approval pursuant to
subsection 3.7.3, the terms and conditions shall be consistent with the general development
standards in this bylaw.
3.7.5 Where an application for a minor variance is refused, the Development Officer shall notify the
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applicant in writing of the refusal and provide reasons for the refusal.
3.7.6 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.
3.7.7 The written notice required pursuant to subsection 3.7.6 shall:
(1)
contain a summary of the application for minor variance;
(2)
provide a reason for and an effective date of the decision;
(3)
indicate that an adjoining assessed owner may within 20 days, lodge a written objection
with the Development Officer; and
(4)
where there is an objection described in clause (3), advise that the applicant will be notified
of the right of appeal to the Development Appeals Board.
3.7.8
The written notice required pursuant to Subsection 3.7.6 shall be delivered:
(1)
by registered mail; or
(2)
by personal service.
3.7.9
Except as provided in subsection 3.7.10, a minor variance, with or without terms and conditions,
does not take effect:
(1)
in the case of a notice sent by registered mail, until 23 days from the date the notice was
mailed;
(2)
in the case of a notice that is delivered by personal service, until 20 days from the date the
notice was served.
3.7.10 Where the assessed property owners who have received notice pursuant to subsection 3.7.6 provide
written notice to the Development Officer that they do not object to the minor variance, the decision
approving the minor variance takes effect on the day it is made.
3.7.11 If an assessed owner of property having a common boundary with the applicant's land that is the
subject of the application objects, in writing, to the Development Officer respecting the approval
of the minor variance within the time periods prescribed in Subsection (9), the approval is deemed
to be revoked and the Development Officer shall notify the applicant in writing:
(1)
of the revocation of the approval; and
(2)
of the applicant's right to appeal the revocation to the Development Appeals Board within
30 days of receiving the notice.
3.7.12 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.
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3.8
NONCONFORMING USES, BUILDINGS AND SITES
3.8.1
Where a lot is reduced in size as a result of acquisition for a public use by the Village, provincial
or federal government, school division, or public utility, the site and buildings shall be deemed to
conform with the provisions of this bylaw and the site shall be considered to exist as it did prior to
the acquisition.
3.8.2
No existing building, site or use shall be deemed to be nonconforming by reason only of the
conversion between the Imperial system of measurement and the International System of Units
(S.I.) where such nonconformity results solely from such conversion and is reasonably equivalent
to the S.I. standard herein established.
3.9
DISCRETIONARY USE APPLICATIONS
3.9.1
Discretionary Use Application Process
(1)
The following procedures shall apply to discretionary use applications:
(a)
Applicants must file with the Development Officer a development permit
application, a site plan, any other plans and information as required by the
Development Officer and pay the required application and public hearing fees.
(b)
The application will be examined by the Development Officer for conformance
with the Official Community Plan, this bylaw, and any other applicable policies
and regulations.
(c)
The Development Officer may request comments from other government agencies
where applicable.
(d)
The Development Officer will prepare a report concerning the application
including recommended conditions that may be applied to an approval.
(e)
The Development Officer will set a date for the meeting at which the application
will be considered by council and will give notice by ordinary mail to assessed
owners of property within 75 metres of the boundary of the applicant's land.
(f)
Council shall consider the application together with the report of the Development
Officer, and any written or verbal submissions received by Council.
(g)
Council may reject the application or approve the application with or without
conditions, including a condition limiting the length of time that the use may be
conducted on the site.
(h)
The Development Officer shall notify the applicant of council's decision by
ordinary mail addressed to the applicant at the address shown on the application
form.
(i)
Where an application for a discretionary use is approved by resolution of council,
the Development Officer shall issue a development permit subject to any
conditions prescribed by council. Council shall consider applications in terms of
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the requirements contained in Section 3.9.2 of this bylaw.
(j)
The Development Officer shall maintain a registry of the location and all the
relevant details respecting the granting of the discretionary use approval.
(k)
Where an application for a discretionary use does not meet the zoning regulations,
for the applicable zoning district, the Development Officer shall:
(i)
advise the applicant that before the discretionary use can be considered by
council, the development permit application must be refused on the
grounds of zoning non-compliance but that the applicant has the right to
appeal; and
(ii)
advise the applicant that if the appeal is granted, the discretionary use can
then be considered by council.
3.9.2
Terms and Conditions for Discretionary Use Approvals
(1)
Discretionary uses, discretionary forms of development, and associated accessory uses are
subject to the development standards and applicable provisions of the zoning district in
which they are located. In approving any discretionary use, to minimize land use conflict,
council may prescribe specific development standards related to:
(a)
site drainage of storm water;
(b)
the location of buildings with respect to buildings on adjacent property;
(c)
access to, number and location of parking and loading facilities including adequate
access and circulation for pedestrian and vehicle traffic;
(d)
appropriate space for vehicle line ups for drive through commercial facilities in
order to reduce disruption of traffic flows on adjacent roadways;
(e)
control of noise, glare, dust and odour;
(f)
landscaping, screening and fencing and preservation of existing vegetation to
buffer adjacent properties;
(g)
the size, shape and arrangement of buildings, and the placement and arrangement
of lighting and signs;
(h)
prescribed specified time limits for a use that is intended to be temporary or to
allow council to monitor the impact of a use on surrounding development; and,
(i)
intensity of use.
(2)
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.
(3)
Council's approval of a discretionary use application is valid for a period of 12 months
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Village of Muenster Zoning Bylaw
from the date of approval. Council may direct that a discretionary use permit extension be
granted for an additional 12-month period by the Development Officer, upon request of the
applicant.
(4)
A discretionary use approval shall be deemed to be invalid for the following reasons:
(a)
if the proposed use or proposed form of development has not commenced within
the 12- month period;
(b)
the proposed development is not proceeding in accordance with the terms and
conditions of its approval;
(c)
if an approved discretionary use ceases to operate for a period of 24 months or
more.
The Development Officer shall advise the owner and council when a prior approval is no
longer valid.
3.9.3
General Discretionary Use Evaluation Criteria
Council will apply the following general criteria, and, where applicable, the use-specific criteria in Section
3.9.4, in the assessment of the suitability of an application for a discretionary use or discretionary form of
development:
(1)
The proposal must be in conformance with all relevant sections of the Official Community
Plan and must demonstrate that it will maintain the character, density and purpose of the
zoning district, where necessary through the provision of buffer areas, separation and
screening.
(2)
The proposal must be capable of being economically serviced by community infrastructure
including roadways, water and sewer services, solid waste disposal, parks, schools, and
other utilities and community facilities.
(3)
The proposal must demonstrate that it is not detrimental to the health, safety, convenience
or general welfare of persons residing or working in the vicinity or injurious to property,
improvements or potential development in the vicinity.
(4)
The proposal must provide sufficient landscaping and screening, and, wherever possible,
shall preserve existing vegetation.
(5)
The proposal must demonstrate that any additional traffic generated by the use can be
adequately provided for in the existing parking and access arrangements. Where this is not
possible, further appropriate provisions shall be made so as to ensure no adverse parking
or access effects occur.
(6)
Consideration will be given to the presence of activities already located in the area and on
the site, and their effect on the surrounding residential environment, such as the cumulative
effect of locating an activity on a site adjacent to or already accommodating an activity that
may currently generate traffic, noise or other impacts not in keeping with the character of
the adjacent area.
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(7)
Consideration will be given to addressing pedestrian safety and convenience both within
the site, and in terms of the relationship to the road network in and around the adjoining
area.
(8)
All operations shall comply with all applicable provincial or federal requirements which
govern their operation and development.
(9)
Proposals for discretionary uses which may result in heavy truck traffic, particularly in
commercial and industrial districts, should be located to ensure that such traffic takes
access to or from major streets or designated truck routes.
3.9.4
Use-Specific Discretionary Use Evaluation Criteria
Council will apply the following use-specific criteria to the assessment of the suitability of an application
for a particular discretionary use or discretionary form of development:
(1)
Community centres, clubs, places of worship, cultural institutions, schools, and public and
commercial recreational uses:
(a)
Schools, clubs and places of worship should, where possible, be located on corner
sites to facilitate access.
(b)
Public elementary and secondary schools should, where possible, be located
adjacent to public open space.
(c)
The site should be accessible from arterial or collector streets to avoid heavy traffic
volumes on local streets.
(d)
Consideration should be given to the location of entry and exit points of the site
and their relationship with existing intersections and adjacent residential units.
(e)
Parking and loading areas shall be landscaped to minimize their impact on the
streetscape and to improve the visual appearance of the site.
(2)
Dwelling groups:
(also refer to Section 5.6)
(a)
Dwelling groups should have vehicular access to a public street from at least two
points which are sufficiently separated to provide accessible ingress and egress in
case of emergency.
(b)
The suitability of a proposal will be considered with respect to:
(i)
the capacity of the adjoining street system to handle the expected traffic
volumes;
(ii)
the density of the proposed dwelling group, the arrangement on the site of
the proposed buildings, on-site parking and traffic considerations, and
access for fire-fighting and other emergency equipment.
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(3)
Multiple-unit dwellings:
(a)
The suitability of a proposal will be considered with respect to:
(i)
adherence to any plans prepared for the proposed development area,
including the proposed location of all forms of multiple-unit dwellings;
(ii)
the convenience of parking; and,
(iii)
the size, quality, and amenities provided for the proposed dwelling units.
(4)
Licensed Facilities
(a)
The location of a licensed facility including a night club, tavern, lounge,
microbrewery, microdistillery, or microwinery will only be favourably considered
where it can be demonstrated that the use will have a minimal impact on the
amenity of the surrounding district and adjacent areas and that these areas will not
be unreasonably compromised.
(b)
The character of adjacent Residential districts, along the zone interface, shall,
where possible, be protected and maintained through the provision of buffer areas,
separation distances and / or screening.
(c)
Licensed facilities and parking patios shall maintain the character, density and
purpose of the surrounding area and the district they lay within.
(5)
Shopping centres and malls:
(a)
Shopping centres shall have clearly defined pedestrian walkways between the
sidewalk and building entrances.
(b)
It must be demonstrated to the satisfaction of council that mitigation of vehicular
traffic impacts has been addressed.
(c)
Parking lots, service areas, and loading zones shall be appropriately screened from
view of the street.
(d)
Primary access to shopping centres shall be from a collector or arterial street.
(e)
The number and location of vehicle entrances to a commercial development shall
be consistent with the existing or anticipated design of adjacent streets and
consideration shall be given to the minimum number of entrances needed to move
traffic onto and off the site safely and efficiently.
(6)
Abattoirs, auto body shops, welding and machine shops, taxidermy uses, lumber yards,
home improvement centres, building supply establishments and construction trades:
(a)
The location of the use will only be favourably considered where it can be
demonstrated that the use and intensity is appropriate to the site and that it will
have a minimal impact on the surrounding, adjacent areas. Consideration may be
given, but is not limited to, the following effects:
Village of Muenster Zoning Bylaw
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(i)
municipal servicing capacity;
(ii)
anticipated levels of noise, odour, smoke, fumes, dust, lighting, glare,
vibration or other emissions emanating from the operation;
(iii)
anticipated increased levels or types of vehicle traffic, unsafe conditions
or situations for vehicles, cyclists or pedestrians; and,
(iv)
utilization of hazardous substances.
(b)
All materials and goods shall be stored within an enclosed building or within an
area hidden from view by screening.
(7)
Light manufacturing:
(a)
All materials and goods used in conjunction with light manufacturing plants shall
be stored within an enclosed building, or within an area hidden from view by
screening.
(b)
All manufacturing and assembly operations in conjunction with a light
manufacturing plant shall be conducted within an enclosed building.
(8)
Indoor and outdoor storage rental facilities, and recycling depots:
(a)
The use shall be located where practical, in a non-highly-visible area, and screened
to avoid any adverse visual impact. Landscaping and screening acceptable to
council shall be provided in all yards facing a public roadway or properties with
residential uses.
(9)
Golf courses:
(a)
Consideration will be given to the compatibility of the golf course with future land-
use plans and adjacent land uses.
(b)
Insofar as possible, proposed golf courses shall respond to the natural topography
and drainage of the site and shall employ minimal clearing of native vegetation.
(c)
Buffers shall be provided to protect existing, adjacent neighbourhoods by
mitigating the adverse impacts of sound, visibility and traffic.
(d)
Council will consider the following as an asset in the development of a golf course:
(i)
maximum use of existing landforms and native grasses and vegetation;
(ii)
an alternative water source to potable water; and,
(iii)
water conserving irrigation systems.
(10)
Dwelling units attached to and in conjunction with any permitted use:
(a)
Dwelling units attached to commercial or industrial establishments shall have a
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Village of Muenster Zoning Bylaw
main entrance separate from that of the commercial or industrial establishment. An
emergency exit must be provided in addition to the main entrance.
(b)
The minimum floor area of each dwelling unit shall be 28 square metres.
(11)
Junk and salvage yards and auto wreckers:
(a)
Junk and salvage yards and auto wreckers shall be enclosed by an opaque or solid
perimeter fence at least 2 metres in height, and not more than 4 metres in height,
with no material piled higher than the height of the perimeter fence.
(b)
The perimeter fence shall not be located in the required front yard. The required
front yard shall be used for no other purpose than landscaping and necessary access
driveways to the site.
(12)
Bulk petroleum sales and storage and bulk fertilizer sales and storage:
(a)
Bulk petroleum sales and storage and bulk fertilizer sales and storage shall be
located at least 91.4 metres from residential areas, schools, hospitals, and motels.
(13)
Parking Lots
(a)
No sign of any kind, other than those designating the parking lot name, entrance,
exits, or conditions of use, may be erected or maintained.
(b)
All lighting fixtures must be oriented in a manner to direct the light away from
adjacent lots.
(c)
A durable surface must be provided and maintained and the lot must be graded to
dispose of all surface water.
(d)
Parking lots shall be landscaped to improve visual appearance of the site.
(e)
Where the parking lot abuts a residential property boundary a minimum landscape
buffer of 2.0 metres shall be provided.
(14)
Intensive Agricultural Uses
(a)
The location of intensive agricultural uses will only be favourably considered
where it can be demonstrated that the use and intensity of use is appropriate to the
sire and that it will have minimal impact on the surrounding, adjacent areas of the
Village. Consideration may be given, but is not limited to, the following effects:
(i)
municipal servicing capacity;
(ii)
anticipated levels of noise, odour, smoke, fumes, dust, lighting,
glare, vibration or other emissions emanating from the operation;
(iii)
anticipated increased levels or types of vehicle traffic, unsafe conditions
or situations for vehicles, cyclists or pedestrians; and
(iv)
utilization of hazardous substances.
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39
(15)
Freight handling facilities, warehouses, and cannabis grow operations:
(a)
The location of the use will only be favourably considered where it can be
demonstrated that the use and intensity of use is appropriate to the sire and that it
will have minimal impact on the surrounding, adjacent areas of the Village.
Consideration may be given, but is not limited to, the following effects:
(i)
municipal servicing capacity;
(ii)
anticipated levels of noise, odour, smoke, fumes, dust, lighting,
glare, vibration or other emissions emanating from the operation;
(iii)
anticipated increased levels or types of vehicle traffic, unsafe conditions
or situations for vehicles, cyclists or pedestrians; and
(iv)
utilization of hazardous substances.
(b)
All materials and goods used in conjunction with trades shall be stored within an
enclosed building, or within an area hidden from view by screening.
(c)
Warehouses and freight handling facilities shall be accessible from a major road
network to avoid heavy traffic volumes on access roads. Consideration shall be
given to the location of entry and exit points to the site and their interrelation with
existing intersections or land constraints; and,
(d)
No outside storage is permitted for a wholesale establishment or Cannabis Grow
Operation.
(16)
Car and truck washes:
(a)
The location of the car or truck wash will only favourably be considered where it
can be demonstrated that the use and intensity is appropriate to the site and that it
will have a minimal impact on the surrounding, adjacent areas, particularly along
the residential zone interface. Consideration may be given, but is not limited to,
the following effects:
(i)
municipal servicing capacity;
(ii)
anticipated levels of noise, odour, smoke, fumes, dust, lighting, glare,
vibration or other emissions emanating from the operation; and/or,
(iii)
anticipated increased levels or types of vehicle traffic, unsafe conditions
or situations for vehicles, cyclists or pedestrians.
3.10 ZONING COMPLIANCE, OFFENCES AND PENALTIES
(1)
Pursuant to Section 242(2) of The Act, the Development Officer may issue a zoning
compliance order for development that contravenes this bylaw in order to achieve bylaw
compliance.
(2)
Any person who violates this bylaw is guilty of an offence, and liable upon summary
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Village of Muenster Zoning Bylaw
conviction, to penalties and subject to an order as stated in Section 243 of The Act.
3.11 FEES
3.11.1 Every application made in accordance with this Bylaw shall be accompanied by payment of a fee
established in accordance with the Municipal Fees Bylaw or Policy of Council.
3.11.2 In addition to the above fees, the applicant shall be responsible for all expenses related to required
public hearing notifications and advertising, unless otherwise agreed upon in writing by the
applicant and the Municipality.
3.12 SPECIAL PROVISIONS FOR CONTRACT ZONING AGREEMENTS
3.12.1 A zoning designation which is subject to an agreement entered into pursuant to the provision of
Section 69 of The Act shall be indicated on the Zoning District Map by the addition of the bylaw
number authorizing the agreement after the zoning district designation.
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41
4
GENERAL REGULATIONS
4.1
LICENCES, PERMITS AND COMPLIANCE WITH OTHER BYLAWS AND
LEGISLATION
Nothing in this bylaw shall exempt any person from complying with the requirement of any other
municipal or provincial regulations and requirements nor from obtaining any licence, permission,
permit, authorization or approval required by such requirements or regulations.
4.2
NUMBER OF PRINCIPAL BUILDINGS PERMITTED ON A SITE
Only one principal building shall be placed on a site with the exception of dwelling groups,
shopping centres, industrial complexes, recreational uses, schools, hospitals, public works, and
health care clinics, mobile homes in courts, recreation facilities, care homes, public utilities and
indoor/outdoor storage facilities.
4.3
HEIGHT RESTRICTIONS
4.3.1
Exemptions from Building Height Requirements
Any height limitations or regulations shall not apply to the following:
(1)
Chimneys, flagpoles, spires, cupolas, solar panels, television antennas, or other
appurtenances usually required to be placed above the roof level, and not intended for
human occupancy.
(2)
Mechanical penthouses, provided they are erected only to such heights as is necessary, and
provided they do not cover more than 25% of the gross roof area upon which they are
located.
4.3.2
Walk-Out Basements
Where a single-detached dwelling has a walkout basement oriented to the rear yard, building height
shall be determined as follows:
(1)
The maximum height of any building elevation facing a front yard or flanking street is not
more than 12.0 metres.
(2)
The height for the lowest floor or walk-out basement at the rear elevation shall not exceed
3.6m measured from the approved rear yard building grade to the top of the finished floor
above the slab. In addition the total height of the rear building elevation shall not exceed
15.6 metres measured from the approved rear yard building grade.
4.4
VISIBILITY CLEARANCE AT INTERSECTIONS (SIGHT TRIANGLES)
In any district, nothing shall be erected, placed, planted, or allowed to grow so as to obscure vision
at a height of one (1) metre or greater above the elevation of the centre of the abutting street or lane
within the triangular area labelled as "Sight Triangle", with distances measured accordingly, in
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Village of Muenster Zoning Bylaw
Figure 2-1 in Section 2 of this bylaw.
4.5
REQUIRED YARDS AND OPEN SPACE
4.5.1
Minimum Yards Required
No portion of any yard or open space required about any principal building or use shall provide any
portion of a yard or open space for any other principal building or use.
4.5.2
Permitted Obstructions in Required Yards
The following shall not be considered to be obstructions and shall not be considered in the
determination of yard dimensions or site coverage:
(1)
In all yards:
(a)
steps or ramps of 1.6 metres or less above grade level which are necessary for
access to a building or for access to a site from a street or lane; trees; shrubs; walks;
non-covered driveways; fences; trellises; flag poles and wheelchair ramps.
(2)
In front yards:
(a)
overhanging eaves and gutters projecting not more than 1.0 metre into the required
front yard;
(b)
lighting fixtures and lamp posts;
(c)
non-covered raised patios and non-covered decks not more than 0.4 metres above
grade;
(d)
non-covered raised patios and non-covered decks more than 0.4 metres above
grade, projecting not more than 1.8 metres into the required front yard;
(e)
canopies or balconies projecting not more than 1.8 metres into the required front
yard; and,
(f)
architectural features, chimneys, bay windows, bow windows or other projecting
windows, projecting not more than 0.6 metres into the required front yard.
(3)
In rear yards:
(a)
non-covered raised patios and non-covered decks measuring 0.4 metres in height
above grade or less, provided they are located at least 3.0 metres from the rear site
line;
(b)
non-covered raised patios and non-covered decks measuring more than 0.4 metres
in height 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;
(c)
canopies or balconies, provided they are located at least 3.0 metres from the rear
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site line;
(d)
overhanging eaves and gutters, architectural features, chimneys, bay windows,
bow windows or other projecting windows, projecting not more than 1.0 metre into
the required rear yard;
(e)
laundry drying equipment, recreational equipment, garbage stands and private
swimming pools and tennis courts when open to the sky.
(f)
On interior sites, enclosed private swimming pools
(4)
In side yards:
(a)
non-covered raised patios measuring 0.6 metres or less in height above grade;
(b)
non-covered raised patios measuring more than 0.6 metres in height above grade
and non-covered decks provided they are located at least 0.6 metres from the side
site line;
(c)
architectural features, eaves, chimneys, bay windows, bow windows or other
projecting windows, projecting not more than 0.6 metres into the required side yard
subject to compliance with all requirements of The National Building Code;
(d)
laundry drying equipment, recreational equipment, garbage stands and private
swimming pools and tennis courts when open to the sky.
4.6
FENCES
4.6.1
In any Residential or Downtown Commercial district, no wall, fence or similar structure shall be
erected in a front yard or on a site line adjacent to a front yard to a height of more than 1.0 metres
above grade level as illustrated in Figure 4-1.
4.6.2
In any Residential or Downtown Commercial district, no wall, fence, screen or similar structure,
excepting permitted accessory buildings, shall be erected in a required side or rear yard, or on a site
line adjacent to a required side or rear yard, to a height of more than 2.0 metres above grade level
as illustrated in Figure 4-1.
4.6.3
In any Highway Commercial, Industrial, or Future Urban Development district, no wall, fence
or similar structure, excepting permitted accessory buildings, shall be erected to a height of more
than 3.0 metres above grade level.
4.6.4
On a corner lot in any district, no hedge planting, tree, wall, fence, or similar structure, not being a
building, shall be erected, placed, planted, or maintained within the Sight Triangle, as described in
Figure 2-3 and Section 4.5 of this bylaw, to a height greater than 1.0 metre as illustrated in Figure
4-1.
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4.7
ACCESSORY BUILDINGS AND STRUCTURES
4.7.1
Accessory buildings shall be subordinate to and located on the same site as the principal building
or use and used in conjunction with that principal use.
4.7.2
Time of Construction
Accessory buildings shall not be constructed or placed on any site prior to the construction of the
principal building except in the following cases:
(1)
Where a development permit has been issued for a principal building, council shall allow
prior development of an accessory building where such building is required for the storage
of construction material or equipment. If the principal building is not completed within
the effective time period of the development permit for the associated principal building,
the accessory building shall be removed.
4.7.3 Height of Accessory Buildings
(1)
In any non-residential district accessory buildings are not to exceed the height of the
principal building.
(2)
In any Residential zoning districts, accessory buildings are not to exceed the height of the
principal building and in no case shall the height of an accessory building exceed 5.0 metres
from the floor or grade level to the peak height of the roof except for accessory buildings
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in the RA zoning district where the height shall not exceed 10.0 metres.
(3)
Garden and garage suites shall be subject to the height requirements contained in Section
5.7 of this bylaw.
(4)
In all Residential zoning districts, all accessory buildings shall be located not less than 1.5
metres from the side lot line.
4.7.4
Private Garages and Carports
(1)
Private garages and carports, attached to the principal building by a substantial roof
structure, are considered as part of the principal building and subject to the regulations
governing the principal building.
(2)
On any site in any Residential district, only one detached private garage not exceeding
100 square metres in area is allowed except for the RA zoning district where one detached
private garage not exceeding 200m2 is allowed.
(3)
Except when conforming to established building lines, no vehicle door of a garage
which faces a street shall be within 6.0 metres of the front site line faced by the door.
(4)
Except when conforming to established building lines, no vehicle door of a garage
which faces a street shall be within 3.0 metres of the side site line faced by the door.
4.7.5
Location and Size of Accessory Buildings
(1)
Detached accessory buildings on all Residential districts subject to the following
regulations:
(a) Accessory buildings shall not be located in any required front yard.
(b) The minimum rear yard setback of an accessory building shall be 0.6 metres, except
where the vehicle door faces the rear site line, the minimum setback shall be 1.2
metres.
(c) Accessory buildings shall have a minimum side yard setback of 1.5 metres.
(d) Accessory buildings located in a rear yard shall not occupy more than 40% of the rear
yard.
(e) Detached accessory buildings shall be located a minimum of 1.0 metre from a principal
building.
(f) Except for a private garage, accessory buildings should not exceed 30m2 in area.
(2)
Detached accessory buildings in all non-residential districts are subject to the following
regulations:
(a) On a corner site, no accessory building shall be erected in or encroach on the required
side yard which is adjacent to the street.
(b) An accessory building or structure on a site in a non-residential district that abuts a site
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in a Residential district shall not be less than 1.5 metres from the boundary of the site
in the Residential district.
(c) No accessory building may be place in an area designated for required landscaping.
4.7.6
Number of Accessory Buildings
In any Residential district and on all residential sites, there shall be no more than three accessory
buildings on a site, including no more than one detached private garage. Fabric covered structures,
pool sheds, and shipping containers are considered accessory buildings.
4.7.7
Accessory Fabric-Covered Structures and Pole Sheds
(1)
In all Residential districts, no more than one fabric-covered structure with a maximum
area of 18.6 m2 shall be permitted as an accessory structure.
(2)
Fabric-covered structures and pole sheds shall be permitted as an accessory structure in the
C1, C2 and RMH districts.
(3)
Notwithstanding subsections (1) and (2), fabric-covered structures may be placed in any
district for use as a public recreational use, public school or education facility.
(4)
Development applications for fabric-covered structures and pole sheds must include a
drawing stamped by a professional engineer to ensure the structure will meet the
requirements of the National Building Code of Canada.
4.7.8
Temporary Fabric-Covered Structures
In any District, temporary fabric-covered structures shall be allowed for a period not to exceed
seven days in a calendar year, or such period of time as may be approved by resolution of Council.
4.7.9
Shipping Containers
Shipping containers shall be permitted as an accessory building in all zoning districts subject to the
following;
(1) The maximum size for a shipping container in a Residential district is 20ft.
There are no restrictions for maximum size for a shipping container in a non-residential
district.
(2)
Shipping containers shall only be used for shipping or storage purposes accessory to the
principal use of the site and shall comply with the site requirements for accessory buildings
for the applicable zoning district.
(3)
Shipping containers shall:
(a)
be properly anchored and maintained in good repair;
(b)
be sandblasted and repainted to a neutral colour or complement the colours of the
principal building prior to their placement, above grade, on a site;
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(c)
be located a minimum of 3.0 metres from, and behind the rear wall of, the principal
building; and
(d)
meet the requirements of the National Building Code of Canada as applicable.
(4)
Only one shipping container shall be permitted per site, and the total area of the shipping
container shall not exceed 5.0% of the gross floor area of the principal building.
(5)
Shipping containers shall be located in the side or rear yard only. They shall not project
beyond the building front line of the primary building.
(6)
Shipping containers shall be kept clean, level, maintained, and placed in an orderly manner.
Application for a development permit for shipping containers must occur prior to relocation
to the site and must include photos of the shipping container.
(7)
Shipping containers shall be prohibited for use as human habitation.
(8)
Shipping containers shall not block, obstruct, or reduce exits, windows, parking spaces, or
driveways.
(9)
Shipping containers shall not be used for the purpose of screening or fencing.
(10)
Shipping containers are prohibited from being plumbed or electrified in any manner.
(11)
Shipping containers shall not be stacked on top of one another.
(12)
Shipping containers shall not be used for the purpose of display or advertising.
(13)
Notwithstanding subsection (1), shipping containers may be temporarily placed on a site
in any district:
(a)
during active construction on a site where the shipping container is used solely for
the storage of supplies and equipment that are used for construction operations on
site, provided that a valid building permit has been issued for construction, and
provided that the shipping container is removed from the site upon completion of
construction; or,
(b)
for the purpose of loading and unloading of items associated with the principal use
for a period of not more than 10 days in any six-month period, or such period of
time as may be approved by resolution of Council.
(c)
In the case of repairs and renovations resulting from a sewer backup, for the
temporary storage of items for a period of time not to exceed 6 months, or such
period of time as may be approved by resolution of Council.
(14)
When placed on a site pursuant to subsection (13), the shipping containers shall:
(a)
be located so as not to create a safety hazard;
(b)
not be placed on a public right-of-way or dedicated lands; and
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(c)
not be located within 1.2 metres of the interior edge of a sidewalk.
4.7.10 Private Swimming Pools
(1)
Private swimming pools are permitted in all Residential districts subject to the following
requirements:
(a)
private swimming pools shall not be located in any required front yard;
(b)
private swimming pools shall not be located any closer than 1.5 metres from any
side or rear property line;
(c)
private swimming pools shall not be located upon any easement or right-of-way,
or on top of any utility lines;
(d)
a private swimming pool shall be located so as to provide a minimum 750 mm
walkway around its perimeter and the walkway shall not be obstructed by any
object which will restrict walking around the entire perimeter;
(e)
any mechanical or electrical equipment, associated with a private swimming pool,
shall be located so as not to create any nuisance for neighbouring properties;
(f)
all private swimming pools shall be enclosed by an enclosure, being a non-
climbable fence not less than 1.8 metres in height, either around the pool area or
perimeter of the site and shall include a security gate;
(g)
the enclosure shall be in place prior to the pool being filled with water;
(h)
the enclosure shall be properly maintained at all times;
(i)
any alteration to an enclosure, for which a development permit has been issued,
must be approved by the Village, prior to any alterations being made;
(j)
the enclosure shall not contain any gaps or openings, which will permit a spherical
object of 100 mm in diameter to pass through;
(k)
chain link fencing used in an Enclosure shall not have a mesh size exceeding 50
mm or a wire core of less than 11 gauge;
(l)
gates, which form part of an enclosure, shall comply with the following:
(i)
all gates shall be installed to swing outward in the direction away from the
swimming pool;
(ii)
all gates shall be equipped with a self-closing device designed to return
the gate to the closed position after each use, a self-latching device
designed to hold the gate in the closed position after each use and have the
capacity of being locked;
(iii)
the self-closing and self-latching devices shall be maintained in working
order at all times;
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(iv)
all gates shall be anchored to fixed posts or secure structures both on the
hinge and latch side;
(v)
when a private swimming pool is not attended by the owner or occupant,
all gates or other entrances to the Enclosure shall be locked;
(m)
in the case of a private swimming pool, which is a hot tub or whirlpool, the
requirements of subsection (l), above, shall not apply provided all of the following
provisions are provided:
(i)
the hot tub or whirlpool has a cover with the strength to support the weight
of an adult walking across the top;
(ii)
the hot tub or whirlpool has a lockable device to prevent access to the
water by unauthorized persons; and
(iii)
the cover is maintained in place and locked at all times when the hot tub
or whirlpool is unsupervised;
(n)
private swimming pools shall have a discharge system which allows drainage into
a sanitary sewer on the property upon which the pool is located;
(o)
no occupant or owner shall drain the water of a private swimming pool into any
adjacent public or private property or any street, lane or walkway;
(p)
no private swimming pool shall have a direct connection to the Village's water
distribution system;
(q)
all private swimming pools shall meet the standards of any applicable provincial
regulations regarding swimming pools.
4.7.11 Easements
All buildings or structures shall be located on a site so as to comply with the requirements of any
easement or other development restriction registered as an interest on the title of the subject
property. It shall be the responsibility of the property owner and the person or corporation who has
registered the interest to ensure compliance with said easement or restriction.
4.7.12 Roll-off Construction Bins
(1)
Roll-off construction bins may be temporarily placed on a site in any district:
(a)
During active construction on a site where the construction bin is used solely for
construction operations on site, provided that a valid building permit has been
issued for construction, and provided that the construction bin is removed from the
site upon completion of construction; or,
(b)
For the purpose of loading and unloading of items associated with the principal
use for a period of not more than 10 days in any six month period. The
Development Officer may grant one extension of up to 30 days for large-scale
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projects.
(c)
In the cause of repairs and renovations resulting from a sewer backup, for the
temporary storage of items for a period of time not to exceed 6 months.
(2)
When placed on a site pursuant to subsection (1), the construction bin shall:
(a)
be located so as not to create a safety hazard;
(b)
not be placed on a public right-of-way or dedicated lands; and
(c)
not be located within 1.2 metres of the interior edge of a sidewalk.
4.7.13 Accessory Dwelling Units
(1)
Accessory Dwelling Units shall be considered as a discretionary use to accommodate a
business dwelling as a residence for an operator, manager, an employee and/or partner
engaged in a commercial or industrial operation in a commercial or industrial zoning
districts, subject to the following provisions:
(a)
the dwelling unit must be physically attached to the primary building where
commercial or industrial operations are underway;
(b)
the business dwelling shall have a main entrance separate from that of the
commercial or industrial establishment;
(c)
an emergency exit must be provided in addition to the main entrance; and
(d)
the minimum floor area of each dwelling unit shall be 45 square metres and shall
not exceed 49 percent of the buildings total floor area.
(e)
When located withing the C1 - Downtown Commercial District, one off-street
parking space shall be provided to accommodate the occupant of the accessory
dwelling unit.
4.7.14 Geothermal Energy Systems
(1)
All plumbing, reservoirs and pumps and other requirements associated with Geothermal
Energy Systems shall require plumbing, electrical and building permits, as required, and
shall meet all applicable requirements of the National Building Code.
(2)
Plans for Geothermal Energy Systems shall be stamped by a qualified professional
engineer or have the system and installation certified by an accredited member of the
Canadian GeoExchange Coalition.
(3)
Geothermal Energy Systems shall comply with CSA Standard C448 and subsequent
amendments. Exceptions may be allowed, at the discretion of the Village, provided
documented proof is provided that shows that the exception meets or exceeds CSA
Standard C488.
(4)
All Geothermal Energy Systems shall be a closed loop system. Open loop systems shall
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not be permitted.
(5)
Heat transfer fluids used within a Geothermal Energy System shall be the most
environmentally friendly type available at the time of installation, such as propylene glycol.
In no case may an ethylene glycol based fluid be used, nor shall any flammable or
combustible agent such as methanol, ethanol, natural gas, or propane be used.
(6)
Brand names or advertising associated with a Geothermal Energy System or the system's
installation shall not be visible from any public area or roadway.
(7)
Upon abandonment or termination of any Geothermal Energy System, the facility and
components associated with the use of the system, above grade and 0.6 m below grade,
shall be removed and the site restored at the owner's expense.
(8)
Only vertical geothermal energy systems will be permitted.
(9)
All components of the Geothermal Energy System must be a minimum of 0.6 metres away
from any property line.
4.8
OFF-STREET PARKING AND LOADING
4.8.1
Parking and Loading Spaces Required With Development
(1)
No person shall erect, enlarge, or extend any building or structure permitted under this
bylaw, unless the required parking and loading spaces are provided and maintained in
connection with the new, enlarged, or altered building or structure.
(2)
When the intensity of use of any building, structure, or premises is increased through the
addition of dwelling units, floor area, seating capacity, or other specified units of
measurement for required parking and loading facilities, parking and loading facilities as
required in this bylaw shall be provided for any increase in intensity of use.
(3)
Wherever the existing use of a building or structure is changed to a new use, parking and
loading facilities shall be provided as required for the new use; however, if the building or
structure was erected prior to the effective date of this bylaw, additional parking and
loading facilities are mandatory only in the amount by which the requirements for the new
use exceed the requirements for the existing use.
(4)
All required parking facilities shall be located on the same site as the principal building or
use, with the exception of lands within the C1 or C2 districts, where required parking
spaces may be located on a remote site. In the C1 or C2 districts, remote parking may be
approved where the remote site is within 150 metres of the principal building or use and
where the remote site is located within a Commercial or Industrial district. As a condition
of approval of a remote parking site, the owner of the principal use site shall register an
interest on the parking lot title to ensure that the land remains as a required parking lot in
accordance with Section 235 of The Act. The owner shall provide the Village with a copy
of the registration of said interest.
(5)
When the calculation of parking requirements results in a fractional required parking space,
this fractional requirement shall be rounded to the next whole number.
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Village of Muenster Zoning Bylaw
4.8.2
General Regulations for Off-street Parking and Loading
(1)
All development shall comply with the regulations outlined in Bylaw No. 4/2013, The
Village of Muenster Traffic Bylaw.
(2)
All required parking and loading facilities shall only be used for the purpose of
accommodating the vehicles of clients, customers, employees, members, residents or
visitors in connection with the principal building or use for which the parking and loading
facilities are provided, and the parking and loading facilities shall not be used for
driveways, access/egress, commercial repair work or long-term display, signage, sale or
storage of goods of any kind.
(3)
Required parking and loading facilities shall provide for and include an adequate, safe and
convenient arrangement of vehicular points of ingress or egress, driveways, internal
roadways, aisles and ramps, unloading and loading of motor vehicles all in relation to
buildings and entry points to buildings on the site. Such facilities shall comply with the
following design, development and maintenance standards:
(a)
All required parking and loading facilities shall be clearly demarcated and have
adequate storm water drainage and storage facilities.
(b)
All non-required parking and loading facilities shall be appropriately surfaced by
gravel, asphalt, concrete or other similar material.
(c)
Where warranted, on-site traffic signs shall be provided.
(d)
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.
(e)
All required parking and loading spaces shall be clear of any access driveways,
aisles, ramps, columns, signs or other similar obstructions, and shall conform to
the minimum dimensions set out in Table 4-1.
Table 4-1: Parking and Loading Space Dimension Requirements
Type of Space
Minimum Dimension
Minimum Vertical Clearance
Parking spaces having
direct access to a
registered lane
2.75 metres x 6.0 metres
2.0 metres
Parallel parking spaces
3.0 metres x 6.7 metres
2.0 metres
Barrier free parking
spaces
3.9 metres x 6.0 metres for one
space, or 6.3 metres x 6.0 metres
for two spaces side by side
2.0 metres
Parking spaces other than
those described above
2.75 metres x 6.0 metres
2.0 metres
Loading space
3.0 metres by 7.5 metres
4.0 metres
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(f)
All required parking and loading spaces shall, without excessive vehicular
manoeuvring, have direct access to a driveway, aisle or registered lane leading to
a public street. Driveways and aisles which provide access to parking or loading
spaces shall conform to the following minimum dimensions:
Parking Angle in Degrees
Width of Aisle or Driveway
75 to 90
6.0 metres (two-way traffic)
50 to 74
5.5 metres (two-way traffic)
49 or less
3.7 metres (one-way traffic only)
For the purpose of the above minimum dimensions, angles shall be measured
between the centre line of the parking or loading space and the centre line of the
driveway or aisle.
(g)
All entrances to and exits from a required parking facility shall be designed in such
a manner to minimize traffic congestion and interference with traffic movement
along public streets.
(h)
Driveways leading to a public street or public right-of-way or to an internal private
roadway, aisle, ramp or parking space shall be of sufficient length and width to
accommodate expected vehicle volumes and therefore minimize traffic congestion
and interference of traffic movement within the required parking facility and along
public streets. The length, width and slope of such driveways shall be based upon
accepted engineering roadway design principles.
(i)
For multiple-unit dwellings, all parking spaces shall be suitably screened from
view from adjacent streets, and all required visitor parking spaces shall be clearly
marked or signed as such.
4.8.3
Required Off-street Parking and Loading in All Districts
(1)
The minimum off-street parking requirements for all districts are set out in Table 4-2. The
required off-street parking categories are then cross-referenced by use in the District
Development Standards tables throughout Section 6 of this bylaw.
(1)
In all Residential districts, required off-street parking shall not be located in any required
front yard. This provision shall not apply to single-detached, two-unit, and semi-detached
dwellings.
(3)
In all districts, all required driveways, aisles, ramps and required parking and loading
spaces must be hard-surface paved.
(4)
Each non-residential building with a floor area greater than 500 m2 shall provide one off-
street loading space.
4.8.4
Parking and Storage of Vehicles in Residential Areas
(1)
Any vehicle parked or stored in a required front yard shall be located on a surfaced area,
consisting of gravel, asphalt, concrete, or other similar material.
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Village of Muenster Zoning Bylaw
(2)
Large recreational vehicles may be parked in front, side and rear yards on a residential site
provided the vehicle is not within 1.2 metres of the interior edge of the sidewalk.
4.8.5
Barrier-Free Parking Requirements
(1)
For uses other than a multiple-unit dwelling, a minimum of one barrier-free parking space
shall be provided for any required parking facility accommodating more than three parking
spaces. A minimum of one percent of total required parking capacity shall be barrier-free
for parking facilities accommodating more than 100 parking spaces.
(2)
Barrier-free parking spaces shall be located not more than 50 metres from a main entrance
to the principal building or use on the subject site.
(3)
Barrier-free parking spaces shall be designated as reserved for use by persons with physical
disabilities by the international symbol to identify accessible parking stalls, and where
surfaces are paved, have the international symbol of accessibility marked on the pavement
of the stall and access aisle.
4.8.6
Bicycle Parking
(1)
Bicycle parking structures should be provided for uses such as schools, public
recreational uses, libraries, multiple-unit apartment dwellings and community service
uses.
4.8.7
Reduced Parking for Multiple-unit Dwellings and Dwelling Groups
(1)
A reduction in required parking may be provided for multiple-unit dwellings or dwelling
groups operated by a nonprofit corporation or public authority and used exclusively for
the domestic habitation of senior citizens, disabled persons, occupants of subsidized
housing, or the cohabitant spouse and children of persons noted above. The minimum
parking requirement shall be determined by Council, however, in no case shall the
required parking rate be less than 0.25 spaces per dwelling unit.
Table 4-2: Off-Street Parking Requirements in All Districts
Parking
Category
Off-Street Parking Spaces Required
0
No off-street parking required
1
1 space per dwelling unit
2
1 space per dwelling unit plus 0.1 space per dwelling unit for visitors
3
1 space plus 1 space for each guest room
4
1 space per 50 m2 of gross floor area
5
1 space per 28 m2 of gross floor area
6
1 space per 4 beds plus 1 space per employee
7
3 spaces per 10 seats in main assembly area (or (where no fixed seating is provided) 1 space per
2.5 m2 of gross floor area devoted to main assembly area.
8
1 space per 4 seats intended for patrons' use
9
1 space per 2 guest rooms plus 1 space per 15m2 of gross floor area devoted to the public
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Table 4-2: Off-Street Parking Requirements in All Districts
Parking
Category
Off-Street Parking Spaces Required
assembly plus the applicable parking requirements for any other use contained on the site.
10
1 space per 50 m2 of gross floor area, or 1 space per 3 employees, whichever is greater.
11
1 space per 90 m2 of gross floor area
12
1 space plus one space per 5 persons enrolled in the facility
13
1 space for 8 patrons at design capacity
14
1 space plus 1 additional space for every 10 persons enrolled in the facility per day
15
1 space per 10 seats in main assembly area or (where no fixed seating is provided) 1 space per
7.5 m2 of gross floor area devoted to main assembly area
16
1 space per non-resident employee
17
1 space per staff member
18
1 space per staff member plus 3 spaces for each classroom, with parking permitted in a front, side
and/or rear yard
19
1 space per bay
20
1.2 spaces per classroom plus 1 space per 8 students at design capacity
21
1 space per 50 m2 of gross floor area, excluding garage area
22
1 space per 50 m2 of gross floor area or, for primarily outdoor recreational uses, 1 space per 8
patrons at design capacity
23
1 space per dwelling unit plus 1 space for every two boarders
4.9
SIGNS
All signs shall be subject to the following regulations:
4.9.1
General
(1)
In addition to signs permitted as set out below, temporary election signs, and temporary
signs bearing notice of sale or lease or other information relating to a temporary condition
affecting the property, are permitted.
(2)
Signs shall not be located in sight triangles for intersections or driveways or in such a
manner that they visually obstruct sight triangles or otherwise jeopardize public safety,
subject to Section 4.5 of this bylaw.
(3)
Except when otherwise provided, no sign shall project beyond the property lines of the site
to which it pertains.
(4)
Subject to the general provisions governing their location, directional signs providing on-
site directions for the convenience and safety of persons using the site shall be permitted.
(5)
Permitted home-based businesses may display one (1) fascia sign, not exceeding 0.4 m2 in
area, identifying the name of the home-based business. Such signs shall not be illuminated
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Village of Muenster Zoning Bylaw
and shall be affixed to the principal building. (Note: On multiple-unit residential buildings,
other permission may be required to display a home-based business sign and no right to
place such a sign in such situations is conveyed in this bylaw).
(6)
Signs for Cannabis Grow Operations and Cannabis Retail Stores shall not contain any
images but may include the business name in alpha-numeric characters and are subject to
the additional regulations in Section 4.9.
(7)
Off-site signage, except where provided for in Section 4.9.8, is prohibited.
4.9.2
Application for Permits
(1)
Applications for sign permits must be made in writing to the Development Officer by the
owner, lessee or authorized agent of the building or premises on which the sign is to be
erected. The written application shall be accompanied by plans, specifications,
construction details and other information sufficient to inform the Development Officer of
the exact nature and location of the intended sign.
(2)
Prior to issuing a sign permit for a free-standing, projecting or roof sign, the Development
Officer may require that the supplementary documentation described in subsection (1)
above contain the professional stamp of a certified professional engineer qualified to certify
that the sign design satisfies all relevant legislation, codes and bylaws.
4.9.3
Licensing of Portable Signs
(1)
Portable signs intended for rental or lease at more than one site during a one-year period or
located at more than one site during a one-year period, must be licensed.
4.9.4
Denying or Revoking Permits
(1)
The Development Officer may deny or revoke a sign permit for any of the following
reasons:
(a)
erection of the sign has not commenced within three months from the date of issue
of the permit;
(b)
the sign does not conform to all relevant provisions of this bylaw;
(c)
the sign being constructed or erected does not conform to the approved drawings;
and/or,
(d)
the sign is not in a proper state of repair.
4.9.5
On any site in any Residential or Future Urban Development district, signs may be erected as
follows:
(1) Sign provisions applying to permitted principal residential uses, commercial uses and
community service uses in any Residential or Future Urban Development district are set out
in Table 4-3. The following provisions also apply:
(a)
No roof signs shall be permitted;
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(b)
Illuminated signs shall have a steady internal light source or a steady external light
source shielded so that the light is directed only at the face of the sign;
(c)
Signs applying to community service uses shall not be illuminated between the
hours of 11:00 p.m. and 7:00 a.m.; and
(d)
Signs applying to community service uses must not display advertising of any
commercial service or product.
(e)
Permitted home-based businesses may display one fascia or window sign, not
exceeding 0.4 m2 in area, identifying the name of the home-based business. Such
sign shall not be illuminated and shall be affixed to the principal building. (Note:
on multiple-unit residential buildings, other permissions may be required to
display a home-based business sign and no right to place such a sign in such
situations is conveyed in this bylaw.)
Table 4-3: Sign Regulations in Residential and Future Urban Development Districts
Use
Max. # of
Signs
Max. Total
Sign Face
Area (m2)
Max # of
Freestanding
Signs
Max. Height
of
Freestanding
Signs (m)
Max Sign Face
Area for
Freestanding
Signs (m2)
Per
Face
Total
All principal residential uses for which
a permit has been issued
1 (1)
0.4 (1)
1(1)
2(1)
1
2
All principal commercial uses for
which a permit has been issued
2
6
1
2.5
2
4
All principal community service uses
for which a permit has been issued
2
10
1
3
2.5
5
(1)
Multiple-unit dwellings and dwelling groups are permitted one additional sign, up to 1.0 m2 in area, showing
the name of the building or group.
4.9.6
On any site in any Commercial or Industrial district, signs may be erected as follows:
(1)
Sign provisions applying to permitted principal commercial/industrial uses, community
service uses and residential uses in Commercial and Industrial districts are set out in
Table 4-4. The following provisions also apply:
(a)
Illuminated signs applying to commercial or industrial uses shall have an internal
light source or an external light source shielded so that the light is directed only at
the face of the sign;
(b)
A free-standing sign applying to a commercial or industrial use may be located in
a required yard provided that the Development Officer is satisfied that it does not
create an obstruction to vehicle or pedestrian traffic or a hazard to public safety;
(c)
Free-standing signs shall maintain a minimum vertical clearance of 3.0 m above
grade over any vehicle circulation area on the site;
(d)
Signs other than free standing signs shall have a minimum vertical clearance of 2.7
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m above grade where they project more than 75 mm from the building face;
(e)
Awning signs shall not project more than 1.8 m from the building face;
(f)
Projecting signs shall not project more than 1.8 m above the eaves or parapet of a
supporting building;
(g)
Electronic message centre signs are permitted in the C1 and C2 districts subject to
compliance with the following requirements:
(i)
Electronic message centre signs shall comply with all requirements
contained herein;
(ii)
Electronic message centre signs shall be equipped with a dimmer switch,
which must be adjusted in accordance with any direction given by the
Development Officer;
(iii)
Flashing images or flashing lights are not permitted on electronic message
centre signs;
(iv)
Sound, live video feeds, or video clips exceeding 10 seconds in length are
not permitted on an electronic message centre sign;
(v)
Electronic message centre signs shall be located at least 50 metres from
any residential property line;
(h)
Signs applying to community service uses must not display advertising of any
commercial service or product;
(i)
Except in the C1 district, no sign shall project beyond the property lines of the site
to which it pertains. The following provisions for signs in the C1 district shall
apply:
(i)
In the C1 district, no projecting sign may project perpendicularly from the
property line more than 3.0 m or beyond a point 0.6 m from the building
side of the curb line, whichever is less;
(ii)
In the C1 district, no projecting sign may be suspended less than 2.6 m
above the surface of a public sidewalk or pedestrian right-of-way;
(iii)
Any projecting sign referred to in subsections (i) and (ii), above shall
require the approval of council prior to construction and may be required
to enter into a License of Occupation agreement with the Village.
(j)
Roof signs are permitted only on a principal building on any site and only one roof
sign shall be permitted on each principal building; and,
(k)
No portion of any roof sign may project beyond any exterior wall or parapet of the
building upon which it is placed.
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Table 4-4: Sign Regulations in Commercial and Industrial Districts
Use
Max. #
of
Signs
Max. Total
Sign Face
Area (m2)
Max # of
Freestanding
Signs
Max. Height of
Freestanding
Signs (m)
Max Sign Face
Area for
Freestanding
Signs (m2)
Per
Face
Total
All
principal
commercial
/
industrial uses for which a
permit has been issued
n/a
n/a
(1)
(2)
(3)
(3)
All principal community service
uses for which a permit has
been issued
3
18
1
3
6
12
All principal residential uses for
which a permit has been issued
1 (4)
0.4 (4)
0
n/a
n/a
n/a
(1)
In the C1 district, a maximum of one free standing sign shall be permitted on sites with a minimum site width
of 20 metres.
In the C2 and M districts, a maximum of one free standing sign shall be permitted.
(2)
In the C1 district: 6 m
In the C2 and M districts: 10 m
(3)
In the C1 district: maximum 5 m2 sign face area and 10 m2 total sign face area.
In the C2 and M districts: maximum 9 m2 sign face area and 18 m2 total sign face area.
For sites with a minimum site area of 3.2 hectares, the additional free standing sign may have a maximum of
25 m2 sign face area and 50 m2 total sign face area.
(4)
Multiple-unit dwellings and dwelling groups are permitted one additional sign, up to one (1) square metre,
showing the name of the building or group.
4.9.7
Portable Sign Regulations
(1)
No portable sign shall have a single face area greater than 4.5 m2 or a gross face area greater
than 9 m2.
(2)
No portable sign shall have a height greater than 2.0 m above grade.
(3)
No portable sign shall occupy any space required for off-street parking unless the site
contains off-street parking in excess of that required under this bylaw.
(4)
On any single site, no portable sign may be located closer than 20 m to any other portable
sign.
4.9.8
Village Highway Corridor Signs
(1)
Signs erected along the Highway #5 right-of-way within the Village of Muenster municipal
boundaries shall comply with this section.
(2)
Off-site advertising shall be designed in a manner to allow easy access for personnel and
equipment to maintain the area, grass and foliage beneath the sign.
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Village of Muenster Zoning Bylaw
(3)
Other standards and regulations:
(i)
the Village shall be responsible for ensuring that the sign meets all other provincial
standards and regulations;
(ii)
in cases where other standards or regulations are inconsistent with this Bylaw,
Provincial or Federal standards or regulations will supersede the requirements of
this bylaw.
(4)
The design and construction of Village Highway Corridor right-of-way signs require
approval of the Development Officer before being erected.
(5)
Each sign along the Village Highway Corridor within Village boundaries shall be a
minimum of ten metres away from the nearest sign.
(6)
Electronic message centre signs are permitted within the Village Highway Corridor within
Village boundaries subject to compliance with the following requirements:
(i)
Electronic message centre signs shall comply with all requirements contained
herein;
(ii)
Electronic message centre signs shall be equipped with a dimmer switch, which
must be adjusted in accordance with any direction given by the Development
Officer.
(iii)
Flashing images or flashing lights are not permitted on electronic message centre
signs.
(iv)
Sound, live video feeds, or video clips exceeding 10 seconds in length are not
permitted on an electronic message centre sign.
(v)
Electronic message centre signs shall be located at least 50 metres from any
residential property line.
(1)
Dimensions
(i)
Highway #5 right-of-way signs shall be at least 3.05 metres in height and shall not
exceed 2.44 metres in width measured on the side of the sign face; and
(ii)
Highway #5 right-of-way sign faces shall not exceed 2.44 metres in height or 3.66
metres in width.
(iii)
Each sign may include an additional sign face, which shall not exceed 0.72 metres
in height or 2.44 metres in width, which shall be restricted to advertising
community events.
4.9.9
Neighbourhood Identification Sign Regulations
(1)
Neighbourhood identification signs shall have:
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61
(a)
a maximum single face area of 4.5 m2;
(b)
a maximum total sign face area of 9 m2;
(c)
a maximum height above grade of 2 m;
(d)
not less than 40% of any sign face area devoted to the neighbourhood theme.
(2)
Neighbourhood identification signs may be illuminated by non-flashing, indirect
illumination only.
4.10 SERVICING
4.10.1 Holding tanks, septic tanks and wells are not permitted in the areas of the Village which can be
serviceable from existing municipal water and sewer lines.
4.10.2 Developments outside the serviceable areas shall be connected to a private sewage disposal system
approved by the authority responsible for approval of such systems under The Public Health Act,
1994 with the agreement being registered on title.
4.10.3 When servicing becomes available, holding and septic tanks are to be disconnected and connection
must be made to municipal services as per The Public Health Act, 1994.
4.11 STORAGE OF MATERIALS AND UNLICENSED OR INOPERATIVE VEHICLES
4.11.1 In any Residential zoning district:
(1)
No front yard shall be used for the storage of unlicensed or uninsured motor vehicles or of
materials or goods of any type.
(2)
No yard shall be used for storage or collection of hazardous material.
(3)
No yard or portion thereof shall be used for the storage of machinery not normally used for
the maintenance of the residential property.
(4)
Outside storage of partially dismantled or inoperative motor vehicles is not permitted.
(5)
Only 1 unlicensed or uninsured motor vehicle may be stored outdoors on a residential site
outside of a fully enclosed building if it is shielded or screened from view. The unlicensed
motor vehicle shall not be visible by someone standing at ground level from outside the
property on which the vehicle is stored. Covering inoperable motor vehicles with tarps or
car covers are also acceptable methods.
4.12 OUTSIDE STORAGE AND WASTE MATERIAL STORAGE
4.12.1 Where permitted in association with any approved industrial, commercial or residential land use,
all outside storage, including storage of garbage or waste materials, is subject to the following
requirements:
(1)
No outside storage shall be located in the front yard, except for the neatly arranged display
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Village of Muenster Zoning Bylaw
of items for sale.
(2)
Outside storage in a side or rear yard shall be screened from adjacent sites by a fence at
least 2.0 metres in height, or a combination of fence and soft landscaping screening a
minimum of 2.0 metres in height. Where adjacent to a public road, storage areas shall
provide a landscaped strip of at least 2.0 metres in horizontal depth between the required
fence and the required right of way.
(3)
Unless otherwise directed by this bylaw, garbage and waste material shall be stored in
weatherproof and animal-proof containers and shall be visually screened from all adjacent
sites and public thoroughfares.
4.13 DEVELOPMENT ON HAZARD LANDS
4.13.1 Where a proposed development or subdivision is to be located on potential hazard lands, the
applicant shall submit a professional report prepared and stamped by a professional engineer
registered to practice in Saskatchewan. The report shall assess the geotechnical suitability of the
site, susceptibility to flooding, including topographical surveys to delineate the flood hazard line,
or other environmental hazards, together with any required mitigation measures.
4.13.2 Actions identified, in a report prepared pursuant to Section 4.14.1, for prevention, change,
mitigation or remedy may be incorporated as conditions to issuance of any development permit that
may be issued. Council shall refuse a permit for any development for which, in council's opinion,
the proposed actions are inadequate to address the conditions present on the hazard lands or will
result in excessive municipal costs.
4.14 BUILDINGS OR USES OCCUPYING MORE THAN ONE LOT
4.15.1 Where an application is made for development of a building or use that will occupy more than one
lot as herein defined, the parcel of land comprised of said lots shall be considered a site for the
purposes of administering this bylaw.
4.15 KEEPING OF BOARDERS
4.15.1 No more than four boarders may reside in a single detached dwelling and no more than two boarders
may reside in each unit of a two-unit or semi-detached dwelling. On-site parking shall be provided
at the rate of one parking space for every two boarders.
4.16 FRONTAGE ON ROAD
4.16.1 No development permit shall be issued unless the site intended to be used, or upon which a building
or structure is to be erected, abuts or has frontage on and access to an existing public road.
4.17 BUILDING TO BE MOVED
4.17.1 No building shall be moved within or into the Village of Muenster without the issuance of a
development permit unless such building is exempt under Section 3.2.2 of this bylaw. Prior to any
building being moved within or into the Village, the applicant shall:
Village of Muenster Zoning Bylaw
63
(1)
obtain a satisfactory municipal building inspector's report;
(2)
enter into a development and servicing agreement when, in the sole opinion of the Village,
the water and sanitary sewer connections, asphalt pavement, or curb and sidewalk need to
be replaced or repaired;
(3)
provide appropriate security to the municipality for any damages to the Village
infrastructure; and
(4)
pay all required fees.
4.18 DEMOLITION OF BUILDINGS
4.18.1 No building shall be demolished within the Village of Muenster without the issuance of a
demolition permit, unless it is exempt under Section 3.2.2.
4.18.2 It shall be a condition of the issuance of a demolition permit, that all foundations, footings, and
similar structures also be demolished and removed from the site.
4.18.3 Prior to any building being demolished within the Village, the applicant shall:
(1)
pay any taxes, fees or charges owing to the Village against the subject property;
(2)
cap-off any water and sewer connections in a manner required by the Village;
(3)
provide a security bond given to the municipality for any damages to Village infrastructure;
and
(4)
pay all required fees.
4.19 EXCAVATION, STRIPPING AND GRADING
4.19.1 Any site for which a development permit has been issued shall be graded and levelled in accordance
with the elevations provided within the approved development permit at the applicant's expense to
provide for surface drainage which does not adversely affect adjacent properties. Any interim earth
work must be done in a manner to contain erosion, runoff and debris from negatively impacting
any adjacent properties.
4.19.2 A development permit is required for the excavation, stripping and grading of land and the
modification of wetlands.
4.19.3 Excavation shall include, but is not limited to sand and gravel extraction, topsoil stripping, the
grading of land for drainage purposes, the grading of land, the clearing of vegetation from land and
any similar activity, but does not include:
(i)
excavation for construction or building purposes associated with a valid development
permit or a valid certificate of approval for subdivision; or
(ii)
excavation or the removal of vegetation for maintenance or landscaping purposes on a site
where a development permit has previously been issued;
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Village of Muenster Zoning Bylaw
4.19.4 A person wishing to excavate, strip or grade land, or modify wetlands 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, grading or modification
of wetlands is to take place;
(ii)
where required by the Development Officer, the existing land use, wetlands and vegetation,
including a natural areas screening report; and
(iii)
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.
4.19.5 Except as provided for in Section 4.20.6, a development permit shall not be issued unless there is
an approved development plan or subdivision for the area.
4.19.6 The Development Officer may issue a development permit for the excavation, stripping and grading
of land when satisfied that the excavation is necessary for the interim use, development or
maintenance of the subject land, prior to a development plan or subdivision being approved for the
area.
4.20 GARAGE AND YARD SALES
4.20.1 Garage or yard sales may be undertaken on any site in a Residential zoning district provided the
sale is conducted by a resident of the dwelling on the subject site, or by a nonprofit group associated
with a place of worship, public school, community association or other similar group or
organization.
4.20.2 No more than four (4) sales may be conducted from one site in one calendar year, and any one sale
may not last for more than three consecutive days.
4.21 WATER
4.21.1 No development or use of land shall be permitted where the proposal will adversely affect domestic
and municipal water supplies, or where a suitable, potable water supply cannot be furnished to the
requirements of the Saskatchewan Health Authority and the Saskatchewan Water Security Agency.
4.22 TRAILER COACHES AND TENTS
4.22.1 Trailer coaches and tents may be occupied as temporary overnight sleeping accommodations only
in the following situations:
(a)
in a permitted tourist campground;
(b)
in any Residential district, one trailer coach or tent may be located on any one site for the
temporary overnight sleeping accommodation of the occupants of the principal dwelling
or guests of the occupants of the principal dwelling, provided the trailer coach or tent is not
rented or made available for compensation, and that the persons sleeping in the trailer coach
or tent have full access to all of the facilities and amenities of the principal dwelling;
(c)
for the purposes of subsection (b), above, temporary overnight sleeping accommodation
Village of Muenster Zoning Bylaw
65
shall mean a period not exceeding 14 consecutive days in any three-month period.
4.23 LANDSCAPING
4.23.1 General Regulations for Landscaping
(1)
Required landscaping shall be installed and maintained in accordance with the following
standards and policies:
(a)
Landscaped areas required to be provided within any front or side yard shall not
be used for any purpose except for signs or structures otherwise permitted or
driveways leading to a parking or loading facility.
(b)
Notwithstanding clause (a) above, required landscaped areas for single-unit, two-
unit, and semi-detached dwellings may be used for parking.
(c)
The landscaping area shall be developed within the next growing season after
occupancy or partial occupancy of the building or the site.
(d)
All plant materials are encouraged to be a species capable of healthy growth in
Saskatchewan and should conform to the standards of the Canadian Nursery
Landscape Association.
(e)
All areas set aside for plant materials and turf are encouraged to be provided with
an underground sprinkler irrigation system or other adequate means of irrigation,
with at least one outside spigot for each principal building.
(f)
All trees provided for planting are encouraged to be a minimum 45 mm caliper for
deciduous trees and 1800 mm in height for coniferous trees.
(g)
All shrubs provided for planting are encouraged to be a minimum height and
spread of 450 mm.
(h)
Continuous raised or precast curbing of not less than 150 mm in height are
encouraged to be placed along the perimeter of any landscaped area abutting a
driveway or off-street parking or loading facility.
(i)
Trees are encouraged to be planted in the overall minimum ratio of one tree per 45
square metres of landscaped area or fraction thereof provided. Spacing between
trees should not obstruct traffic sight lines, signs, or essential services at full
maturity.
(j)
Shrubs are encouraged to be planted in the overall minimum ratio of one shrub per
20 square metres of required site landscape area or fraction thereof.
(k)
Hard landscaping should not cover more than 15% of a required landscaped area.
(2)
The provision of landscaping shall be a condition of the issuance of a development permit
wherever the existing use of a building or structure is significantly enlarged, undergoes a
significant increase in capacity, or is changed to a new use. In these cases, the development
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Village of Muenster Zoning Bylaw
permit will not be issued until the landscaping plan is approved by the Development
Officer.
Landscaping shall be designed and constructed to allow compliance with an approved
drainage plan.
4.23.2 Required Landscaping in Commercial Districts
(1)
In the C1 district, any front yard or side yard which is not covered by a building or required
driveway access, shall be landscaped.
(2)
In the C2 district a landscaped strip of not less than 4.5 metres in depth throughout lying
parallel to and abutting the front site line shall be provided on every site.
(3)
In the C2 district, on corner sites, in addition to the landscaping required in the front yard,
a landscaped strip of not less than 1.5 metres in width throughout lying parallel to and
abutting the flanking street shall be landscaped.
(4)
In the C1 and C2 districts, where a site abuts any site zoned to a Residential district without
intervening dedicated lands or registered lane, there shall be a strip of land adjacent to the
abutting site line of not less than 1.5 metres which shall not be used for any purpose except
landscaping.
4.23.3 Required Landscaping in the Industrial District
(1)
In the M district a landscaped strip of not less than 4.5 metres in depth throughout lying
parallel to and abutting the front site line shall be provided on every site.
(2)
In the M district, on corner sites, in addition to the landscaping required in the front yard,
a landscaped strip of not less than 1.5 metres in width throughout lying parallel to and
abutting the flanking street shall be landscaped.
(3)
In the M district, where a site abuts any site zoned to an R, MU, CS or C district without
intervening dedicated lands or a registered lane, there shall be a strip of land adjacent to
the abutting site line of not less than 3.0 metres which shall not be used for any purpose
except landscaping.
4.24 LIGHTING OF SIGHTS
4.24.1 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.
4.25 PROHIBITED USES
4.25.1 The following uses are prohibited in all districts:
(1)
Outdoor sandblasting. This provision shall not apply to the sandblasting of outdoor
building facades as a part of regular building maintenance.
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67
(2)
The keeping or breeding of rats, crickets, chickens, or any exotic animals.
(3)
Intensive Livestock Operations
4.26 STORAGE OF CHEMICALS, FERTILIZERS AND COMBUSTIBLE MATERIALS
4.26.1 The storage of chemicals, fertilizers and combustible materials are subject to the requirements of
both the federal and provincial governments. All necessary approvals from other regulatory
agencies must be obtained prior to issuance of a Development Permit. Development Permit
conditions may include the requirement that all permits or licenses required by other regulatory
agencies be obtained before development proceeds.
4.27 DEVELOPMENT IN PROXIMITY TO RAIL LINES
4.27.1 To ensure that the Village continues to mitigate any negative impacts resulting from railway
operations, Consideration of the Federation of Canadian Municipalities and Rail Association of
Canada's Guidelines for New Development in Proximity to Railway Operations will be given to
new developments in proximity to the rail line.
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Village of Muenster Zoning Bylaw
Village of Muenster Zoning Bylaw
69
5
SPECIAL REGULATIONS AND STANDARDS
5.1
ABOVE GROUND AND UNDERGROUND FUEL STORAGE TANKS
5.1.1
Above ground and Underground Fuel Storage Tanks are subject to the following:
(1)
Above ground fuel storage tanks which meet the standards of The National Fire Code may
be permitted in association with service stations, gas bars and other permitted industrial or
commercial uses where the dispensing of fuel to vehicles is a standard aspect of the use.
(2)
Underground storage tanks may be permitted as principal or accessory uses, as long as they
are installed in accordance with the provisions provided in the Installation of Underground
Storage Tanks of The National Fire Code.
(3)
The total storage capacity for above and below-ground fuel storage tanks on any single
service station or gas bar shall not exceed the regulations and requirements set out by The
National Fire Code.
5.2
ADULT DAY CARE FACILITIES, RESIDENTIAL CARE HOMES AND CUSTODIAL
CARE FACILITIES
(1)
Adult day care facilities, residential care homes, and custodial care facilities may be
approved as an ancillary use or as a principal use.
(2)
In any Residential district, no exterior alterations shall be undertaken to a dwelling or
former dwelling which would be inconsistent with the residential character of the building,
property, or streetscape.
(3)
Required parking spaces shall not be located in a required front yard.
(4)
No building or structure used for the purpose of a custodial care facility or a residential
care home shall also be used for the purpose of keeping boarders or lodgers.
(5)
Section 3.9 of this bylaw shall apply to the review and approval of adult day care facilities,
residential care homes, or custodial care homes that are listed as discretionary uses.
5.3
BED AND BREAKFAST HOMES
(1)
A bed and breakfast home may be located in a detached one-unit dwelling or in a two-unit
dwelling. No exterior alterations shall be undertaken which would be inconsistent with the
residential character of the building, property, or streetscape.
(2)
Where otherwise permitted, required parking spaces may be located in a front yard and
shall comply with the requirements contained in Section 4.8.
(3)
Section 3.9 of this bylaw shall apply to the review and approval of bed and breakfast homes
that are listed as discretionary uses.
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Village of Muenster Zoning Bylaw
(4)
The operator of the bed and breakfast lodging may advertise with a small, static sign subject
to Section 4.9.
5.4
SHORT TERM VACATION RENTAL
(1) No alteration shall be made to the external appearance of any principal or accessory structures
that is inconsistent with the residential character of the neighbourhood.
(2) Short-Term Vacation Rentals shall meet the off-street parking requirements of the district in
which they are located within.
(3) Guest rooms shall not contain cooking facilities.
(4) Council may revoke discretionary use approval if, in council's opinion, the operation of the
Short-Term Vacation Rental is causing a significant impact on the residential character of the
neighbourhood.
(5) The applicant shall provide to the municipality contact information the owner, operator, or
manager of the Short-Term Vacation Rental may be contacted on a 24/7 basis.
5.5
DAY CARE CENTRES AND PRE-SCHOOLS
(1)
Day care centres and pre-schools may be approved as an ancillary use or as a principal use.
In any Residential district, no exterior alterations shall be undertaken to a dwelling or
former dwelling which would be inconsistent with the residential character of the building,
property, or streetscape.
(2)
Required parking spaces shall not be located in a front yard and shall comply with the
requirements contained in Section 4.2.
(3)
In addition to the development standards contained within the zoning district, Section 3.9
of this bylaw shall apply to the review and approval of day care centres and pre-schools
that are listed as discretionary uses.
5.6
DWELLING GROUPS
(1)
The minimum side yard shall be measured from the closest main wall of the principal
building closest to the side site line.
(2)
All principal buildings forming part of the dwelling group shall be located at least 1.5 m
from any other principal building in the group.
(3)
Council may apply special development standards to reduce conflict with neighbouring
uses. These special development standards may include increased setback requirements,
enhanced landscaping and fencing, the location and screening of parking areas, and the
location of vehicular access points.
Village of Muenster Zoning Bylaw
71
5.7
GARDEN AND GARAGE SUITES
(1)
No more than one garden or garage suite accessory to a single detached dwelling shall be
allowed per site. No garden or garage suite shall be permitted on a site which contains a
secondary suite.
(2)
The maximum floor area of a garden or garage suite shall not exceed the area of the
principal dwelling or 77 m2, whichever is less.
(3)
Garden and garage suites shall have a full bathroom, kitchen, and a maximum of two
bedrooms.
(4)
All habitable areas of a garden or garage suite shall be above grade.
(5)
Condominium plans to provide a separate title for a garden or garage suite shall not be
approved.
(6)
The maximum building height of a garden suite shall be 4.3 m and shall not exceed one
storey in height. The maximum height of a garage suite shall be 5.5 m or the height of
principal dwelling, whichever is less.
(7)
Garden and garage suites shall be located in the rear yard and shall be setback a minimum
of 4.0 metres from the principal dwelling.
(8)
The minimum side yard setback for a garden or garage suite shall be 1.2 m., however, on
a corner site, where a garden or garage suite abuts a flanking street other than a lane, the
required side yard shall not be less than that required for the principal dwelling.
(9)
The minimum rear yard setback for a garden or garage suite shall be 2.0 m. The
minimum rear yard setback may be reduced to 1.2 m on sites with a rear lane.
(10)
No portion of a garage or garden suite may be located on, under or over a registered
easement.
(11)
The cumulative floor area of a garden or garage suite and all accessory buildings located
in a rear yard shall not occupy more than 50% of the rear yard.
(12)
Windows and doors in garden or garage suites shall be of a size and in locations which
will not result in the loss of privacy for residents of adjacent sites.
(13)
Mechanical units such as air conditioners and vents shall be located so as not to constitute
a nuisance to adjacent properties.
(14)
One parking space shall be provided for each dwelling unit on the site. On sites with a
rear or side lane, the parking space for the garden or garage suite shall be accessed from
said lane.
(15)
The site plan submitted for a garden or garage suite must include details regarding utility
service connections. The site plan must be approved by the Village and by all utility
agencies which provide services to the site.
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Village of Muenster Zoning Bylaw
(16)
Sites containing garden or garage suites shall be adequately drained. A site drainage plan
shall be submitted to the Village.
(17)
A building permit is required for garden or garage suites which shall comply with all
relevant building, plumbing and development codes.
(18)
Wherever possible, there should be only one water service from the street to the principal
dwelling and the garden or garage suite.
5.8
SECONDARY SUITES
(1)
No more than one secondary suite shall be located in any single detached dwelling. No
secondary suite shall be permitted on a site which contains a garden or garage suite.
(2)
No more than two bedrooms are allowed for any secondary suite.
(3)
No more than three persons are allowed to occupy any secondary suite.
(4)
One off-street parking space is required for any secondary suite in addition to the required
parking for the principal residential building on the site. The required parking space for
any secondary suite shall not be located in a required front yard, unless the subject site has
no access to a rear lane and shall be paved and screened.
(5)
Any secondary suite shall comply with the requirements of the National Building Code,
subject to the approval of the Municipal Building Official.
(6)
The floor area occupied by a secondary suite shall be considered as part of the principal
dwelling. Any secondary suite shall not be separated from the principal building through
condominium conversion or subdivision of land.
(7)
In order to accommodate a secondary suite, a single detached dwelling must have a gross
floor area, including the area of any basement, of at least 100 m2.
(8)
The maximum floor area of a secondary suite shall be no more than 50% of the gross floor
area, including the area of the basement, of the building in which it is located, or 65 m2,
whichever is the lesser.
(9)
The exterior finishing of a secondary suite shall be consistent with the exterior of the
remainder of the principal dwelling to give the entire building the appearance of a single
dwelling.
(10)
Where a secondary suite has an entrance which is separate from that of the principal
dwelling, the entrance may only be located on a side or rear wall of the principal dwelling.
5.9
HOME-BASED BUSINESSES
(1)
All applications for home-based businesses must be considered as Type I or Type II. The
development standards for Type I and Type II home-based businesses are contained in sub-
sections (4) and (5), respectively.
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73
(1)
Without limiting the authority of the Development Officer to approve other types of home-
based business applications, the following uses are specifically permitted as home-based
businesses, subject to the applicable development standards within sub-sections (4) and
(5):
(a)
art restoration;
(b)
beauty parlours, barber shops;
(c)
the creation of crafts for sale off-site, such as novelties and souvenirs, corsage and
flower arrangements, gift baskets, and other handicrafts including but not limited
to ceramics, pottery, leather goods and jewellery;
(d)
dressmaker, seamstress, or tailor;
(e)
electrology, acupuncture, reflexology, and massage therapy;
(f)
the instruction of art, dancing, or music, limited to no more than three students at
a time;
(g)
office of a professional, or one who offers skilled services to clients and is not
engaged in the sale of goods or products to clients;
(h)
photography studios;
(i)
typing, word processing, and computer programming services.
(3)
Without limiting the authority of the Development Officer to deny applications for other
types of home-based businesses which do not meet the requirements of this bylaw, the
following uses are prohibited as home-based businesses, whether or not applications for
such uses would otherwise comply with the applicable standards of this bylaw:
(a)
businesses utilizing large power tools and machinery, or businesses involved in the
mass production of similar items or products;
(b)
restaurants, drinking establishments or tea rooms;
(c)
health or fitness clubs;
(d)
headquarters or base of operations of a taxi, trucking, delivery, or towing
operation;
(e)
hotels, motels and hospitals;
(f)
laundry services;
(g)
motion picture or recording studios;
(h)
the painting, repairing, refitting, cleaning, refurbishing, or selling of motor vehicles
or machinery;
(i)
rental services;
(j)
upholstery services;
(k)
veterinary services, boarding or grooming of animals;
(l)
welding or metal works;
(m)
any use that creates noise, vibration, smoke, dust, odour, air pollution, heat, glare,
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Village of Muenster Zoning Bylaw
bright light, hazardous or unacceptable waste, or 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.
(4)
The following development standards shall apply to all Type I home-based businesses:
(a)
No persons other than residents of the dwelling shall be employed in the home-
based businesses on the site.
(b)
Home-based businesses shall be conducted entirely indoors, and no more than 20%
of the gross floor area of the dwelling, including the area of the basement and any
attached garage, up to a maximum of 30 m2, may be occupied by home-based
businesses.
(c)
An attached garage or detached accessory building may be occupied by a home-
based business, provided that the total area devoted to home-based businesses does
not exceed 30 m2 on the site, and that no required parking spaces associated with
the principal use are occupied by home-based businesses.
(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 buildings and property.
(e)
No noise, vibration, smoke, dust, odours, heat, glare, electrical, television or radio
interference detectable beyond the boundaries of the building containing the home-
based business shall be produced.
(f)
No more than one business related vehicle and one business related trailer, each
with a gross vehicle weight of no more than 5,000 kg and a total length of no more
than 6.0 metres, may be stored on or in the vicinity of the site.
(g)
Regardless of the number of home-based businesses that may be located on any
one site, a total of no more than seven (7) client or business related visits per day
shall be made to home-based businesses on any one site, and no deliveries of
merchandise, goods or equipment shall be made to the businesses by a vehicle with
a gross vehicle weight of more than 5,000 kg, or by a vehicle with a total length of
more than 6.0 metres.
(h)
A total of no more than 2.0 cubic metres of storage may be permitted within a
dwelling on any one site, and a total of no more than 4.0 cubic metres of storage
may be permitted within an attached or detached accessory building in relation to
home-based businesses. No storage of hazardous, explosive or flammable
materials shall be permitted in relation to a home-based business.
(i)
Where the operator of a home-based business is not the owner of the subject
property, the operator shall provide to the Village a letter of authorization from the
owner of the subject property. Where a home-based business is proposed for a
dwelling which is part of a condominium, the owner shall provide to the Village a
letter of authorization from the condominium board.
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75
(5)
The following development standards shall apply to all Type II home-based businesses:
(a)
In accordance with the definition of a Type II home-based business, no more than
one non-resident person shall be employed in relation to home-based businesses
on any one site.
(b)
Home-based businesses shall be conducted entirely indoors, and no more than 20%
of the gross floor area of the dwelling, including the area of the basement and any
attached garage, up to a maximum of 40 m2, may be occupied by home-based
businesses.
(c)
An attached garage or detached accessory building may be occupied by home-
based businesses, provided that the total area devoted to home-based businesses
does not exceed 58 m2 on the site, and that no required parking spaces associated
with the principal use are occupied by home-based businesses.
(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)
No noise, vibration, smoke, dust, odours, heat, glare, electrical, television or radio
interference detectable beyond the boundaries of the building containing the home-
based business shall be produced.
(f)
One off-street parking space shall be required for a non-resident employee, and, if
otherwise permitted, this space may be located in a required front yard. Additional
off-street parking spaces may be required, where in the opinion of the
Development Officer, due to the nature of the business or the site, the provision of
parking is necessary to maintain the residential character of the area. The siting
and screening of all required parking spaces shall be undertaken to the satisfaction
of council.
(g)
No more than one business related vehicle and one business related trailer, each
with a gross vehicle weight of no more than 5,000 kg and a total length of no more
than 6.0 metres, may be stored on or in the vicinity of the site.
(h)
Regardless of the number of home-based businesses that may be located on any
one site, a total of no more than fourteen (14) client or business related visits per
day shall be made to home-based businesses on any one site, and no deliveries of
merchandise, goods or equipment shall be made to the businesses by a vehicle with
a gross vehicle weight of more than 5,000 kg, or by a vehicle with a total length of
more than 6.0 metres.
(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-based businesses. No storage of hazardous, explosive or flammable
materials shall be permitted in relation to a home-based business.
(j)
Where the operator of a home-based business is not the owner of the subject
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Village of Muenster Zoning Bylaw
property, the operator shall provide to the Village a letter of consent from the
owner of the subject property. Where a home-based business is proposed for a
dwelling which is part of a condominium, the owner shall provide to the Village a
letter of consent from the condominium board.
5.10 PARKING LOTS
(1)
No sign of any kind, other than those designating the parking lot name, entrances, exits, or
conditions of use, may be erected or maintained.
(2)
All lighting fixtures must be oriented in a manner to direct the light away from adjacent
lots.
(3)
The lot must provide adequate drainage as determined by the Village to dispose of all
surface water.
(4)
Parking lots shall be landscaped to improve the visual appearance of the site.
(5)
Where parking lot abuts a residential property boundary a minimum landscape buffer of
2.0 metres which, complies with the requirements contained in Section 4.24, shall be
provided.
5.11 SERVICE STATIONS AND GAS BARS
(1)
Fuel pumps and other apparatus for dispensing or storage of fuel, located all or partly above
grade level, shall be at least six metres from a site line.
(2)
All automobile parts, dismantled vehicles and similar articles or equipment are to be stored
within a building.
(2)
Where service stations occupy a corner site, only one access point shall be on the flanking
street.
(4)
Where operated as the principal use on a site, gas bars are subject to the regulations and
standards for service stations.
(5)
Where a gas bar is allowed to operate in conjunction with another use on a site, the
following standards and regulations apply:
(a)
All fuel pumps and above ground storage tanks shall be at least six metres from
any building on the site or any site line;
(b)
The site shall have at least two separate entrances for vehicles, at least 15 metres
apart; and,
(c)
Sites shall be designed so that the delivery and unloading of bulk fuel shall not
obstruct access to the fuel pumps or create obstructions on any adjacent street.
Village of Muenster Zoning Bylaw
77
5.12 SOLAR ENERGY SYSTEMS
The installation and operation of solar energy systems, and supporting structures shall be permitted
in all zoning districts subject to the following:
(1)
In all districts except the M - Industrial District, solar energy systems shall not be located
in any required front or side yard. In the case of a corner site, solar energy systems shall
not be placed in any portion of the rear yard which is within 3.0 metres of the side property
line adjacent to the flanking street.
(2)
A freestanding solar energy system shall be placed a minimum of 1.2 times the total height
of any structure away from any site line, and in no case shall the total height of any structure
exceed the height of the principal building.
(3)
Development and Building Permits are required for any solar energy system.
5.13 WIND GENERATORS
(1)
Wind generators and their supporting structures shall be prohibited in the R1, RA, and
RMH Districts.
(2)
In any Commercial or Industrial district, wind generators and their supporting structures
shall not be located in any required front yard or side yard, and in the case of a corner site,
in any portion of the rear yard which is within 3.0 metres of the side property line adjacent
to a flanking street unless it is screened from the flanking street to the satisfaction of the
Development Officer.
(3)
In any Commercial or Industrial district, freestanding wind generators and their
supporting structures shall not exceed a height of 5.0 metres above grade level.
(4)
In any Commercial or Industrial district, wind generators and their supporting structures,
attached to a principal building, shall not exceed a height of 5.0 metres above the lowest
elevation of the roof surface of a flat roof; the decking of a mansard roof; or the eaves of a
gable, hip or gambrel roof.
(5)
In any Commercial or Industrial district, wind generators and their supporting structures,
attached to an accessory building, shall not exceed the maximum permitted height of the
accessory building.
5.14 ELECTRIC VEHICLE CHARGING STATIONS
(1) Electric Vehicle Charging Stations (EVCS) are permitted as an accessory use to any
established principal use on a site. The following standards apply to Electric Vehicle
Charging Stations:
(a) All work of electrical installation, with respect to workmanship and any other
matter, is required to conform to the requirements of the latest prescribed edition
of the Canadian Electrical Code, subject to any amendments that may be prescribed
by the minister.
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Village of Muenster Zoning Bylaw
(b) EVCS shall have a minimum electrical charging output of 240-Volts.
(2)
EVCS equipment is subject to the following regulations:
(a)
shall not project more than 2.0 metres in any required front yard.
(b)
the minimum rear yard setback of any EVCS equipment shall be 0.6 metres.
5.15 FAMILY CHILD CARE HOMES
(1)
Family child care homes may be approved as an accessory use to a dwelling.
(2)
A family child care home shall provide at least 3.25 m2 of fenced on-site outdoor play space
for each child present in the facility at one time.
(3)
In any Residential district, no exterior alterations shall be undertaken to a dwelling which
would be inconsistent with the residential character of the building or property.
5.16 MANUFACTURED/MOBILE HOME COURTS
(1)
Road rights-of-way within manufactured home courts shall be at least 15 m in width, with
hard-surfaced roadways of a minimum 6 m in width, and drained.
(2)
A minimum of 10% of the area of the manufactured home court shall be set aside as
communal open space or devoted to recreational facilities.
(3)
A site and yard requirements for manufactured homes in the RMH - Manufactured Home
District, shall apply to individual manufactured home sites within a manufactured home
court.
(4)
The Public Health Act, 1994, and the regulations passed thereunder, shall be complied with
in respect to all operations and development of a manufactured home court.
5.17 CANNABIS RETAIL STORES
(1)
Cannabis retail stores must maintain a minimum setback of 150 metres from schools and
playgrounds.
5.18 CAMPGROUNDS AND TOURIST CAMPS
(1)
The applicant for a Development Permit for a campground or tourist camp shall provide
the Development Officer with a plan of the site, identifying any buildings, uses of land and
the location of all roadways and recreation vehicle or tent campsites with dimensions. The
addition or rearrangement of sites, the construction or moving of buildings, the material
change in use of portions of land, or the filling or clearing of land shall require a
Development Permit, and the applicant shall submit for approval an amended plan
incorporating the proposed development.
(2)
A campground or tourist camp shall have, within its boundaries, a buffer area abutting the
Village of Muenster Zoning Bylaw
79
boundary of not less than 2 metres in width, which shall:
(3)
have a minimum width of not less than 2 metres, which shall contain no buildings or
structures, except for a fence to a maximum height of 2 metres, provided it is located on
the exterior boundary of the buffer area; and
(4)
not contain any roads, except those which connect a public roadway to the road system
within the campground or tourist camp.
(5)
A site for each recreation vehicle and campsite permitted in the campground or tourist
camp shall be designated and clearly marked on the ground.
(6)
Each site shall have a minimum area of 150 square metres and shall not exceed 300 square
metres in area with its corners clearly marked.
(7)
No portion of any campsite shall be located within an internal roadway or required buffer
area.
(8)
Each site shall have direct and convenient access to a developed internal roadway, which
shall not be located in any required buffer area.
(9)
Each recreation vehicle shall be located at least 4.5 metres from any other recreation
vehicle and each site shall have dimensions, location and orientation sufficient to allow for
such location of recreation vehicles.
(10)
The space provided for roadways within a campground or tourist camp shall be at least 7.5
metres in width. No portion of any site, other use or structure shall be located in any
roadway.
(11)
A campground or tourist camp may include, as an ancillary use, a laundromat or a
confectionary designed to meet the needs of occupants of the sites and a one unit dwelling
for the accommodation of the operator.
(12)
The Public Health Act, and regulations passed thereunder, shall be complied with in respect
of all operations and development of campgrounds.
(13)
Privacy fences may be utilized in areas where natural vegetation does not provide privacy
and shall be kept in good state of repair so as not be become unsafe, unsightly or a fire
hazard. Tarps (canvas, poly, plastic) shall not be used as a privacy fence.
(14)
Parking of vehicles is prohibited on roadways. Campsites shall have adequate space to
accommodate at least:
One (1) vehicle where the raised patio/deck is 100 square feet or less; or
Two (2) vehicles where the raised patio/deck is over 100 square feet.
(15)
Construction of verandahs, trailer hoods and pole structures on sites is prohibited.
(16)
The campground operator may designate sites for seasonal use for recreational vehicles.
On such seasonal sites the following shall be permitted only if the designated site size will
accommodate such structures and not impede campsite parking requirements:
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Village of Muenster Zoning Bylaw
(17)
Raised patios, decks, sidewalks not more than 9.3m2 in size, and 0.4 metres above grade
level as measured at the outside edge of the patio, deck or sidewalk shall be permitted on
a site and constructed in a fashion that does not prohibit the recreational vehicle from being
hooked up and moved out without effort. Permits shall not be required from the
municipality for decks that comply with the said regulations and shall be regulated by the
campground operator.
(18)
One accessory building no larger than 9.3 square metres, with walls not exceeding 2.5
metres and a roof peak not exceeding 3.67 metres shall be permitted where the site area
will accommodate. An accessory building shall not abut(1) the recreational vehicle, shall be
located at least 4.5 metres from any accessory building or recreational vehicle located on
the adjacent site and have a finished exterior. Where the accessory building is of metal or
self-extinguishing vinyl construction the accessory building may be located at least 1.5
metres from any accessory building or recreational vehicle located on the adjacent site and
shall be regulated by the campground operator.
(19)
One barbeque shelter no larger than 9.3 square metres with walls not exceeding 2.5 metres
and a roof peak not exceeding 3.67 metres.
5.19 BULK FERTILIZER OPERATIONS
(1)
Bulk fertilizer operations shall meet the standards of the National Fire Code of Canada and
all other relevant codes and regulations with respect to bulk fertilizer operations as required
by the Province of Saskatchewan, including the Canadian Fertilizer Industry Storage and
Handling Guidelines, 2001.
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81
6
ZONING DISTRICTS
6.1
CLASSIFICATION OF ZONING DISTRICTS
In order to carry out the purpose and provisions of this bylaw, the Village is divided into the
following zoning districts, the boundaries of which are shown on the "Zoning District Map". Such
districts may be referred to by the appropriate symbols.
Districts
Symbols
Residential
R1
Acreage Residential
RA
Residential Mobile Home Residential
RMH
Downtown Commercial
C1
Highway Commercial
C2
Industrial
M
Future Urban Development
FUD
6.2
THE ZONING DISTRICT MAP
The map, bearing the statement "This is the Zoning District Map referred to in Bylaw No. _______
adopted by the Council and signed by the mayor and chief administrative officer, and under the
seal of the Village, shall be known as the "Zoning District Map" and such map is declared to be an
integral part of this bylaw.
6.3
BOUNDARIES OF ZONING DISTRICTS
6.3.1
The boundaries of such districts referred to, together with explanatory legend, notation and
reference, are shown on the map entitled "Zoning District Map".
6.3.2
All streets, lanes and road allowances, if not otherwise specifically designated, shall be deemed to
be in the same zoning district as the property immediately abutting upon such streets, lanes and
road allowances. If the land abutting each side of a street, lane or road allowance is located in
different zoning districts, the centre line of such street, lane or road allowance shall be deemed to
be the district boundary, unless otherwise specifically designated.
6.3.3
Streets, lanes, and road allowances which are shown on the Zoning District Map and which have
been permanently closed pursuant to Section 13 of The Municipalities Act, shall be in the same
district as the land abutting both sides of the permanently closed street, lane or road allowance. If
the land abutting each side of the permanently closed street, lane or road allowance was located in
different zoning districts before the said street, lane or road allowance was permanently closed, the
centre line of such permanently closed street, lane or road allowance shall be deemed to be the
district boundary, unless otherwise specifically designated.
6.3.4
On un-subdivided land, the zoning district boundary shall be determined by the scale shown on the
Zoning District Map.
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Village of Muenster Zoning Bylaw
6.4
ZONING DISTRICTS
The uses or forms of development allowed within a zoning district, along with regulations or
standards which apply, are contained in the District Schedules in Section 7.
6.5 TRANSITIONAL ZONING PROVISIONS
Buildings lawfully existing at the time of the approval of this bylaw shall be limited in terms of site
width, front and rear yard setback, site coverage and off-street parking and loading requirements to
the regulations of the zoning district in which they are located, or to their current dimensions,
whichever is the least restrictive.
6.6
PROPERTIES WITH MORE THAN ONE ZONING DISTRICT
Where a site or lot is divided into more than one zoning district, the development and use of any
portion of the site shall be in accordance with the requirements of the applicable zoning district and
subject to Section 4.1 to 4.3 herein.
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83
7
DISTRICT SCHEDULES
7.1
R1 - RESIDENTIAL DISTRICT
7.1.1
Purpose
The intent of the R1 Residential District is to provide for residential development in the form of
single detached dwellings, semi-detached dwellings and other compatible uses.
7.1.2
Permitted and Discretionary Uses
Uses are listed and designated in Table 7-1.
7.1.3
Accessory Uses, Buildings, and Structures
(1)
Accessory buildings and uses shall be permitted subject to Section 4.7.
(2)
Private garages and carports are subject to Section 4.7.4.
7.1.4
Standards and Regulations
(1)
Site and building requirements are shown in Table 7-1.
7.1.5
Standards for Discretionary Uses
Council will consider discretionary use applications in the R1 District with respect to Section 3.9.3
- General Discretionary Use Evaluation Criteria, Section 3.9.4 - Use-Specific Discretionary Use
Evaluation Criteria, as may be applicable, and additional evaluation criteria and development
standards that follow in this section.
7.1.6
Exceptions to Development Standards
(1)
Where on a corner site, a side yard of at least 6.0 metres is provided along the flanking
street for a single detached dwelling, the minimum rear yard requirement is reduced to 3.0
metres.
7.1.7
Off-Street Parking and Loading
Off-street parking and loading requirements are subject to Section 4.8.
7.1.8
Outside Storage
Outside storage, including waste material storage, is subject to Section 4.12.
7.1.9
Landscaping
Landscaping is subject to Section 4.23.
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Village of Muenster Zoning Bylaw
Table 7-1: R1 -Residential District Development Standards
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Rear
Yard (m)
Minimum Side
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Bldg
Height (m)
Maximum Site
Cvg (%)
Residential Uses
(1)
Garden and garage suites
D
1
5.7
Section 5.7
(2)
Residential care homes
D
6
5.2
360(1)
20
7.6
6.0(3)
3.5(9)
- -
- -
40
(3)
Secondary suites
D
1
5.8
Section 5.8
(4)
Semi-detached dwellings
P
1
255(5)
8.5(6)
7.6
6.0(3)
1.5(4)(7)
- -
- -
60
(5)
Single detached dwellings
P
1
360(1)
12(2)
7.6
6.0(3)
1.5(4)
- -
- -
50
(6)
Two-unit dwellings
P
1
255(5)
8.5(6)
7.6
6.0(3)
1.5(4)(7)
- -
- -
60
(7)
Multiple-unit dwellings (apartments)
D
2
3.9.4 (3)
600(8)
20
7.6
6.0(3)
3.5(9)
- -
- -
40
(8)
Boarding Houses
D
23
4.16
Same as principal use
(9)
Manufactured/Mobile Homes
D
1
5.16
360(1)
12(2)
7.6
6.0(3)
1.5(4)
- -
- -
50
(10)
Dwelling Groups
D
2
3.9.4 (2)
5.6
?
?
?
?
?
- -
60
Commercial Uses
(1)
Adult day care
P
6
5.2
360(1)
12(2)
7.6
6.0(3)
1.5(4)
- -
50
(2)
Bed and breakfast homes
D
3
5.3
360(1)
12(2)
7.6
6.0(3)
1.5(4)
- -
50
(3)
Daycare centres and preschools
D
14
5.5
360(1)
12(2)
7.6
6.0(3)
1.5(4)
- -
50
(4)
Family Child Care Homes - Type I
P
0
5.15
360(1)
12(2)
7.6
6.0(3)
1.5(4)
- -
50
(5)
Family Child Care Homes - Type II
D
16
5.15
360(1)
12(2)
7.6
6.0(3)
1.5(4)
- -
50
(6)
Home-based business - type I
P
0
5.7
Same as principal use
(7)
Home-based business - type II
D
16
5.7
Same as principal use
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Clubs
D
4
3.9.4(1)
930
30
7.6
6.0
1.5(4)
- -
- -
- -
(2)
Community centres
D
4
3.9.4(1)
930
30
7.6
6.0
1.5(4)
- -
- -
- -
(3)
Public hospitals
P
6
930
30
7.6
6.0
1.5(4)
- -
- -
- -
(3)
Municipal facilities
P
0
- -
- -
- -
- -
- -
- -
- -
- -
(4)
Parking lots
D
0
5.10
- -
- -
3
3
3
- -
- -
- -
(5)
Parks and playgrounds
P
0
- -
- -
- -
- -
- -
- -
- -
10
(6)
Places of Worship
D
15
3.9.4(1)
450
15
6
4.5
3(10)
- -
- -
- -
(7)
Public elementary, secondary
schools, and educational institutions
P
18
930
30
7.6
6.0
1.5(4)
- -
- -
- -
930
(8)
Public works excluding offices,
warehouses, storage yards and
sewage lagoons
P
0
- -
- -
- -
- -
- -
- -
- -
- -
Use Designations:
(P) - Permitted Use
Any use or form of development, other than a discretionary
use, specifically allowed in a zoning district subject to the
regulations contained in this zoning bylaw.
(D) - Discretionary Use
Any use or form of development that may be allowed in a zoning
district following application to, and approval of, the Council and
which complies with the development standards as required by
Council and contained in this zoning bylaw.
Village of Muenster Zoning Bylaw
85
Special limitations and standards regarding Table 6-1 and the R1 District:
(1)
where the site is serviced by a rear lane; otherwise 450
(2)
where the site is serviced by a rear lane; otherwise 15
(3)
on a corner site, the minimum rear yard may be reduced to 3.0 metres where a side yard of at least 6.0 metres
is provided adjacent to the flanking street
(4)
except for corner sites, where it shall be 3.0 along the flanking street
(5)
where the site is serviced by a rear lane, otherwise 315
(6)
where the site is serviced by a rear lane, otherwise 10.5
(7)
except that no side yard shall be required where a common wall divides the two dwelling units
(8)
plus 90 m2 for each dwelling unit in excess of two units on the ground floor
(9)
or ½ the building height, whichever is greater
86
Village of Muenster Zoning Bylaw
7.2
RA - ACREAGE RESIDENTIAL DISTRICT
7.2.1
Purpose
The intent of the RA - Acreage Residential District is to provide for residential development in
the form of single detached dwellings and other compatible uses on larger lots.
7.2.2
Permitted and Discretionary Uses
Uses are listed and designated in Table 7-2.
7.2.3
Accessory Uses
(1)
Accessory buildings and uses shall be permitted subject to Section 4.7.
7.2.4
Standards and Regulations
(1)
Site and building requirements are shown in Table 7-2.
7.2.5
Standards for Discretionary Uses
Council will consider discretionary use applications in the RA District with respect to Section 3.9.3
- General Discretionary Use Evaluation Criteria, Section 3.9.4 - Use Specific Discretionary Use
Evaluation Criteria, as may be applicable, and additional evaluation criteria and development
standards that follow in this section.
7.2.6
Exceptions to Development Standards
(1)
Where on a corner site, a side yard of at least 4.5 metres is provided along the flanking
street for a single detached dwelling, the minimum rear yard requirement is reduced to 3
metres.
7.2.7
Off-Street Parking and Loading
Off-street parking and loading requirements are subject to Section 4.8.
7.2.8
Outside Storage
Outside storage, including waste material storage, is subject to Section 4.12.
7.2.9
Landscaping
Landscaping is subject to Section 4.23.
Village of Muenster Zoning Bylaw
87
Table 7-2: RA - Acreage Residential District Development Standards
Principal Use
Development Standards
Designation
Parking Category
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Rear
Yard (m)
Minimum Side
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Bldg
Height (m)
Maximum Site
Cvg (%)
Residential Uses
(1)
Single detached dwellings
P
1
1,500
35
7.6
6.0
1.5(1)
- -
- -
50
Commercial Uses
(1)
Bed and breakfast homes
D
3
5.3
1,500
35
7.6
6.0
1.5(1)
- -
- -
50
(2)
Family Child Care Homes - Type I
P
0
5.15
1,500
35
7.6
4.5
1.5(1)
- -
- -
(3)
Family Child Care Homes - Type II
D
16
5.15
1,500
35
7.6
4.5
1.5(1)
- -
- -
(4)
Day Care Centres and preschools
D
14
5.5
360(1)
12(2)
7.6
6.0(3)
1.5(4)
75
- -
50
(5)
Home-based business - type I
P
0
5.9
same as principal use
(6)
Home-based business - type II
D
16
5.9
same as principal use
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Municipal facilities
P
0
- -
- -
- -
- -
- -
- -
- -
- -
- -
(2)
Parks and playgrounds
P
0
- -
- -
- -
- -
- -
- -
- -
- -
10
(3)
Public works excluding offices,
warehouses, storage yards and
sewage lagoons
P
0
- -
- -
- -
- -
- -
- -
- -
- -
Use Designations:
(P) - Permitted Use
Any use or form of development, other than a
discretionary use, specifically allowed in a zoning
district subject to the regulations contained in this
zoning bylaw.
(D) - Discretionary Use
Any use or form of development that may be allowed in a zoning district
following application to, and approval of, the Council, and which complies
with the development standards as required by Council and contained in
this zoning bylaw.
Special limitations and standards regarding Table 7-2 and the RA District:
(1)
except for corner sites where it shall be 3 m along the flanking street
88
Village of Muenster Zoning Bylaw
7.3
RMH - RESIDENTIAL MANUFACTURED/MOBILE HOME RESIDENTIAL DISTRICT
7.31
Purpose
The purpose of the RMH - Residential Manufactured/Mobile Home District is to provide for
residential development in the form of manufactured/mobile homes.
7.3.2
Permitted and Discretionary Uses
Uses are listed and designated in Table 7-3.
7.3.3
Accessory Uses
(1)
Accessory buildings and uses shall be permitted subject to Section 4.7.
7.3.4
Standards and Regulations
(1)
Site and building requirements are shown in Table 7-3.
7.3.5
Standards for Discretionary Uses
Council will consider discretionary use applications in the RMH District with respect to Section
3.9.3 - General Discretionary Use Evaluation Criteria, Section 3.9.4 - Use-Specific Discretionary
Use Evaluation Criteria, as may be applicable, and additional evaluation criteria and development
standards that follow in this section.
7.3.6
Exceptions to Development Standards
7.3.7
Off-Street Parking and Loading
Off-street parking and loading requirements are subject to Section 4.8.
7.3.8
Outside Storage
Outside storage, including waste material storage, is subject to Section 4.12.
7.3.9
Landscaping
Landscaping is subject to Section 4.23.
Village of Muenster Zoning Bylaw
89
Table 7-3 RMH - Residential Manufactured / Mobile Home Residential District Development Standards
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Rear
Yard (m)
Minimum Side
Yard (m)
Maximum Site
Cvg (%)
Residential Uses
(1)
Manufactured/Mobile Homes
P
1
- -
360
12
7.6
7.5
1.5(1)
50
(2)
Manufactured/Mobile Home Courts
P
1
5.16
4,000
Section 5.16
Commercial Uses
(1)
Family Child Care Homes - Type I
D
0
5.14
360
12
7.6
7.5
1.5(1)
50
(2)
Home-based business - type I
P
0
5.9
same as principal use
(3)
Home-based business - type II
D
16
5.9
same as principal use
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Municipal facilities
P
0
- -
- -
- -
- -
- -
- -
(2)
Parks and playgrounds
P
0
- -
- -
- -
- -
- -
10
(3)
Public works excluding offices,
warehouses, storage yards and
sewage lagoons
P
0
- -
- -
- -
- -
- -
- -
Use Designations:
(P) - Permitted Use
Any use or form of development, other than a discretionary use,
specifically allowed in a zoning district subject to the
regulations contained in this zoning bylaw.
(D) - Discretionary Use
Any use or form of development that may be allowed in a zoning
district following application to, and approval of, the Council, and
which complies with the development standards as required by
Council and contained in this zoning bylaw.
Special limitations and standards regarding Table 7-3 and the RMH District:
(1)
except for corner sites where it shall be 3 along the flanking street
90
Village of Muenster Zoning Bylaw
7.4
C1 - DOWNTOWN COMMERCIAL DISTRICT
7.4.1
Purpose
The objective of the C1 - Downtown Commercial District is to facilitate a range of commercial
and other compatible uses.
7.4.2
Permitted and Discretionary Uses
Uses are listed and designated in Table 7-4.
7.4.3
Accessory Uses
(1)
Accessory buildings and uses shall be permitted subject to Section 4.7.
7.4.4
Standards and Regulations
(1)
Site and building requirements are shown in Table 7-4.
7.4.5
Standards for Discretionary Uses
Council will consider discretionary use applications in the C1 District with respect to Section
3.10.3 - General Discretionary Use Evaluation Criteria, Section 3.10.4 - Use Specific
Discretionary Use Evaluation Criteria, as may be applicable, and additional evaluation criteria and
development standards that follow in this section.
7.4.6
Exceptions to Development Standards
7.4.7
Off-Street Parking and Loading
Off-street parking and loading requirements are subject to Section 4.8.
7.4.8
Outside Storage
Outside storage is prohibited in the C1 District.
7.4.9
Landscaping
Landscaping is subject to Section 4.23.
Village of Muenster Zoning Bylaw
91
Table 7-4: C1 - Downtown Commercial District Development Standards
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Maximum Site
Coverage (m2)
Commercial Uses
(1)
Bakeries with retail sales
P
0
230
7.5
- -
(1)
(2)
- -
(2)
Bus terminals
P
0
230
7.5
- -
(1)
(2)
- -
(3)
Car and truck washes
D
0
3.9.4 (16)
230
7.5
- -
(1)
(2)
- -
(4)
Clubs
P
0
230
7.5
- -
(1)
(2)
- -
(5)
Commercial recreational uses, excluding
curling or skating rinks or golf courses
P
0
230
7.5
- -
(1)
(2)
- -
(6)
Commercial storage centre
D
0
3.9.4 (8)
230
7.5
- -
(1)
(2)
- -
(7)
Construction trades
D
0
3.9.4(6)
230
7.5
- -
(1)
(2)
- -
(8)
Convenience stores
P
0
230
7.5
- -
(1)
(2)
- -
(9)
Financial institutions
P
0
230
7.5
- -
(1)
(2)
- -
(10)
Fitness centres
P
0
230
7.5
- -
(1)
(2)
- -
(11)
Funeral homes
P
0
230
7.5
- -
(1)
(2)
- -
(12)
Gas bars
P
0
5.11
930
30
6
(1)
(2)
- -
(13)
Health care clinics
P
0
230
7.5
- -
(1)
(2)
- -
(14)
Hotels
P
0
230
7.5
- -
(1)
(2)
- -
(15)
Licenced Facilities
D
0
3.9.4 (4)
230
7.5
- -
(1)
(2)
- -
(16)
Lumber yards, home improvement centres
and building supply establishments
D
0
3.9.4(6)
230
7.5
- -
(1)
(2)
- -
(17)
Malls
D
0
3.9.4(5)
930
30
6
(1)
(2)
- -
(18)
Medical, dental and optical labs
P
0
230
7.5
- -
(1)
(2)
- -
(19)
Microbreweries,
micro
wineries,
micro
distilleries
D
0
3.9.4 (4)
230
7.5
- -
(1)
(2)
- -
(20)
Motels
D
0
3.9.3
230
7.5
- -
(1)
(2)
- -
(21)
Night clubs
D
0
3.9.4(4)
230
7.5
- -
(1)
(2)
- -
(22)
Offices and office buildings
P
0
230
7.5
- -
(1)
(2)
- -
(23)
Parking lots
D
0
3.9.4 (13)
230
7.5
- -
(1)
(2)
- -
(24)
Personal service establishments
P
0
230
7.5
- -
(1)
(2)
- -
(25)
Private schools
P
0
230
7.5
- -
(1)
(2)
- -
(26)
Repair services restricted to the repair of
household goods and appliances
P
0
230
7.5
- -
(1)
(2)
- -
(27)
Restaurants, with or without associated
lounges
P
0
230
7.5
- -
(1)
(2)
- -
(28)
Retail service commercial
P
0
230
7.5
- -
(1)
(2)
- -
(29)
Service stations
P
0
5.11
930
30
6
(1)
(2)
- -
(30)
Shopping centres
D
0
3.9.4(5)
230
7.5
- -
(1)
(2)
- -
(31)
Theatres
P
0
230
7.5
- -
(1)
(2)
- -
(32)
Tourist information centres and booths
P
0
230
7.5
- -
(1)
(2)
- -
(33)
Veterinary clinics
P
0
230
7.5
- -
(1)
(2)
- -
(34)
Welding and Machine Shops
D
0
3.9.4 (6)
230
7.5
- -
(1)
(2)
- -
Community Service and Other Uses
(1)
Community Centres
P
4
930
30
7.6
6.0
1.5(4)
- -
92
Village of Muenster Zoning Bylaw
Table 7-4: C1 - Downtown Commercial District Development Standards
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Maximum Site
Coverage (m2)
(2)
Cultural institutions
P
0
230
7.5
- -
(1)
(2)
- -
(3)
Clubs
P
0
230
7.5
- -
(1)
(2)
- -
(4)
Municipal facilities
P
0
230
7.5
- -
(1)
(2)
- -
(5)
Parks and playgrounds
P
0
- -
- -
- -
- -
- -
(6)
Places of Worship
P
0
230
7.5
- -
(1)
(2)
- -
(7)
Public recreational uses
P
0
230
7.5
- -
(1)
(2)
- -
(8)
Public
works
excluding
warehouses,
storage yards and sewage lagoons
P
0
- -
- -
- -
- -
- -
(9)
Day Care Centres
P
0
230
7.5
- -
(1)
(2)
- -
Residential Uses
(1)
Multiple-unit dwellings
D
2
3.9.4(3)
230
7.5
- -
(1)
(2)
- -
(2)
Single detached dwellings, existing as of
August 1, 2024(3)
P
1
230
7.5
7.5
1.5
6
50
(2)
Dwelling units in conjunction with and
attached to any other permitted use
D
0
3.9.4(10)
same as principal use
Use Designations:
(P) - Permitted Use
Any use or form of development, other than a
discretionary use, specifically allowed in a zoning
district subject to the regulations contained in this
zoning bylaw.
(D) - Discretionary Use
Any use or form of development that may be allowed in a zoning
district following application to, and approval of, the Council, and
which complies with the development standards as required by
Council and contained in this zoning bylaw.
Special limitations and standards regarding Table 6-8 and the C1 District:
(1) where the side site line abuts any Residential district without an intervening street or lane, the minimum side yard shall be
1.5 m
(2) where the rear yard abuts any residential district without an intervening street or lane, the minimum rear yard shall be 6 m
(3) single detached dwellings existing on sites in the C1 District as of August 1, 2024 are a permitted use and may be
completely replaced, repaired or expanded, subject to this bylaw and that a valid development has been issued.
Village of Muenster Zoning Bylaw
93
7.5
C2 - HIGHWAY COMMERCIAL DISTRICT
7.5.1
Purpose
The purpose of the C2 - Highway Commercial District is to provide for a range of highway
commercial and other compatible uses.
7.5.2
Permitted and Discretionary Uses
Uses are listed and designated in Table 7-5.
7.5.3
Accessory Uses
(1)
Accessory buildings and uses shall be permitted subject to Section 4.7.
7.5.4
Standards and Regulations
(1)
Site and building requirements are shown in Table 7-5.
7.5.5
Standards for Discretionary Uses
Council will consider discretionary use applications in the C2 District with respect to Section 3.9.3
- General Discretionary Use Evaluation Criteria, Section 3.9.4 - Use-Specific Discretionary Use
Evaluation Criteria, as may be applicable, and additional evaluation criteria and development
standards that follow in this section.
7.5.6
Exceptions to Development Standards
7.5.7
Off-Street Parking and Loading
Off-street parking and loading requirements are subject to Section 4.8.
7.5.8
Outside Storage
Outside storage, including waste material storage, is subject to Section 4.13.
7.5.9
Landscaping
Landscaping is subject to Section 4.24.
94
Village of Muenster Zoning Bylaw
Table 7-5 C2 - Highway Commercial District Development Standards
Principal Use
Development Standards
Designation
Parking Category
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Rear
Yard (m)
Minimum Side
Yard (m)
Commercial Uses
(1)
Auto body shops
D
5
3.9.4(6)
730
20
7.5
6
3
(2)
Automobile, marine, recreational
vehicle, agricultural equipment, and
mobile home sales and service
establishments
P
5
1,100
30
7.5
6
3
(3)
Automotive and industrial supply
stores
P
5
730
20
7.5
6
3
(4)
Bulk fuel dealers
D
11
3.9.4(12)
5.1
1100
30
7.5
6
3
(5)
Bulk fertilizer operations
D
11
3.9.4 (12)
730
20
7.5
6
3
(6)
Bus terminals
P
5
730
20
7.5
6
3
(7)
Car washes
P
19
730
20
7.5
6
3
(8)
Cannabis retail stores
D
5
5.17
730
20
7.5
6
3
(9)
Commercial recreational uses
P
5
730
20
7.5
6
3
(10)
Convenience stores
P
5
730
20
7.5
6
3
(11)
Construction trades
P
5
730
20
7.5
6
3
(12)
Drive-in theatres
P
5
730
20
7.5
6
3
(13)
Freight handling facilities
D
4
3.9.4(15)
1100
30
7.5
6
3
(14)
Gas bars
P
5
1100
30
7.5
6
3
(15)
Gravel and Cement Operations
D
11
3.9.3
730
20
7.5
6
3
(16)
Health care clinics
P
5
730
20
7.5
6
3
(17)
Hotels
P
9
730
20
7.5
6
3
(18)
Indoor and outdoor storage rental
facilities
D
4
3.9.4(8)
730
20
7.5
6
3
(19)
Licensed facilities
D
8
(21)
Light manufacturing
D
11
3.9.4(7)
730
20
7.5
6
3
(22)
Lumber yards, home improvement
centres, and building supply
establishments
P
4
730
20
7.5
6
3
(23)
Malls
D
5
3.9.4(5)
730
20
7.5
6
3
(24)
Motels
P
9
930
30
15
6
3
(25)
Nurseries, greenhouses, and garden
centres
P
4
730
20
7.5
6
3
(26)
Offices and office buildings
P
5
730
20
7.5
6
3
(27)
Parking lots
P
0
5.10
- -
- -
3
3
3
(28)
Pet grooming establishments
P
5
730
20
7.5
6
3
(29)
Recycling collection depots
D
4
3.9.4(8)
730
20
7.5
6
3
(30)
Rental stores
P
5
730
20
7.5
6
3
(31)
Repair services restricted to household
goods and appliances
P
5
730
20
7.5
6
3
Village of Muenster Zoning Bylaw
95
Table 7-5 C2 - Highway Commercial District Development Standards
Principal Use
Development Standards
Designation
Parking Category
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Rear
Yard (m)
Minimum Side
Yard (m)
(32)
Restaurants, with or without
associated lounges
P
8
730
20
7.5
6
3
(33)
Retail stores
P
5
730
20
7.5
6
3
(34)
Seed cleaning plants
D
11
3.9.4 (14)
(35)
Service stations and public garages
P
5
930
30
7.5
6
3
(36)
Shopping centres
D
5
3.9.4(5)
730
20
7.5
6
3
(37)
Storage garages
D
4
3.9.4 (8)
730
20
7.5
6
3
(38)
Taxidermy and accessory tanning of
hides
D
5
3.9.4(6)
730
20
7.5
6
3
(39)
Tourist campgrounds
D
5
3.9.3
730
20
7.5
6
3
(40)
Tourist information centres and booths
P
4
730
20
7.5
6
3
(41)
Trucking operations
D
4
3.9.3
730
20
7.5
6
3
(42)
Veterinary clinics and animal hospitals
P
5
730
20
7.5
6
3
(43)
Warehouses
D
4
3.9.4(15)
730
20
7.5
6
3
(44)
Wholesale establishments
P
4
730
20
7.5
6
3
(45)
Welding and machine shops
D
4
3.9.4(6)
730
20
7.5
6
3
Residential Uses
(1)
Dwelling units accessory to permitted
uses and integrated as part of a
principal building for the use of
caretakers, owners or managers
D
1
3.9.4(10)
same as the principal use
Community Service and Other Uses
(1)
Ambulance stations
P
21
730
20
7.5
6
3
(2)
Municipal facilities
P
0
- -
- -
- -
- -
- -
(3)
Parks and playgrounds
P
0
- -
- -
- -
- -
- -
(4)
Places of Worship
P
15
730
20
7.5
6
3
(5)
Public recreational uses
P
22
730
20
7.5
6
3
(6)
Public works
P
0
- -
- -
- -
- -
- -
Use Designations:
(P) - Permitted Use
Any use or form of development, other than a
discretionary use, specifically allowed in a zoning
district subject to the regulations contained in this
zoning bylaw.
(D) - Discretionary Use
Any use or form of development that may be allowed in a zoning district
following application to, and approval of, the Council, and which complies
with the development standards as required by Council and contained in
this zoning bylaw.
Special limitations and standards regarding Table 7-5 and the C2 District:
96
Village of Muenster Zoning Bylaw
7.6
M - INDUSTRIAL DISTRICT
7.6.1
Purpose
The purpose of the M - Industrial District is to provide for development in the form of a range of
industrial and other compatible uses.
7.6.2
Permitted and Discretionary Uses
Uses are listed and designated in Table 7-6.
7.6.3
Accessory Uses
(1)
Accessory buildings and uses shall be permitted subject to Section 4.7.
7.6.4
Standards and Regulations
(1)
Site and building requirements are shown in Table 7-6.
7.6.5
Standards for Discretionary Uses
Council will consider discretionary use applications in the M District with respect to Section 3.9.3
- Discretionary Use General Evaluation Criteria and to Section 3.9.4 - Use-Specific Discretionary
Use Criteria and to additional evaluation criteria and development standards that follow in this
section.
7.6.6
Exceptions to Development Standards
7.6.7
Off-Street Parking and Loading
Off-street parking and loading requirements are subject to Section 4.8.
7.6.8
Outside Storage
Outside storage, including waste material storage, is subject to Section 4.12.
7.6.9
Landscaping
Landscaping is subject to Section 4.23.
Village of Muenster Zoning Bylaw
97
Table 7-6 M - Industrial District Development Standards
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Rear
Yard (m)
Minimum Side
Yard (m)
Industrial / Commercial Uses
(1)
Abattoirs
D
11
3.9.4(6)
930
25
7.5
6
3
(2)
Airports
D
- -
- -
- -
7.5
- -
- -
(3)
Animal hospitals
P
930
25
7.5
6
3
(4)
Auction markets, excluding livestock auction facilities
P
4
930
25
7.5
6
3
(5)
Auto body shops
P
11
3.9.4(6)
930
25
7.5
6
3
(6)
Automobile, marine, recreational vehicle and equipment,
agricultural equipment, and mobile home sales and
service establishments
P
4
1,100
25
7.5
6
3
(7)
Boarding kennels
P
11
930
25
7.5
6
3
(8)
Bulk fertilizer sales and storage
D
11
3.9.4(12)
930
25
7.5
6
3
(9)
Bulk petroleum sales and storage
D
11
5.1
3.9.4(12)
930
25
7.5
6
3
(10)
Car washes
P
11
930
25
7.5
6
3
(11)
Cement and concrete plants
P
11
930
25
7.5
6
3
(12)
Consignment centres
P
11
930
25
7.5
6
3
(13)
Construction trades
P
11
930
25
7.5
6
3
(14)
Gas bars, with or without associated convenience stores
or restaurants
P
5
5.10
930
25
7.5
6
3
(15)
General industrial uses
P
4
930
25
7.5
6
3
(16)
Indoor and outdoor storage rental facilities
P
11
930
25
7.5
6
3
(17)
Industrial complexes
P
4
930
25
7.5
6
3
(18)
Junk yards, salvage yards and auto wreckers
D
11
3.9.4(11)
930
25
7.5
6
3
(19)
Light manufacturing
D
11
3.9.4(7)
930
25
7.5
6
3
(20)
Lumber yards, home improvement centres and building
supply establishments
P
4
930
25
7.5
6
3
(21)
Meat packing plants
D
4
3.9.3
930
25
7.5
6
3
(22)
Nurseries, greenhouses and garden centres
P
4
930
25
7.5
6
3
(23)
Parking lots
P
0
5.10
930
25
7.5
6
3
(24)
Pet food processing plants
D
4
3.9.3
930
25
7.5
6
3
(25)
Public garages
P
4
930
25
7.5
6
3
(26)
Recycling depots
D
11
3.9.4(8)
930
25
7.5
6
3
(27)
Restaurants, with or without associated lounges
P
5
930
25
7.5
6
3
(28)
Sand and gravel operations and gravel yards
D
11
3.9.3
930
25
7.5
6
3
(29)
Seed cleaning plants, feed mills, grain elevators
D
11
930
25
7.5
6
3
(30)
Service stations
P
4
5.11
930
25
7.5
6
3
(31)
Stockyards
D
11
3.9.3
930
25
7.5
6
3
(32)
Taxidermy and accessory tanning of hides
D
11
3.9.4(6)
930
25
7.5
6
3
(33)
Telecommunication towers
P
0
930
25
7.5
6
3
(34)
Transportation terminals and yards
P
4
930
25
7.5
6
3
(35)
Veterinary clinics
P
4
930
25
7.5
6
3
98
Village of Muenster Zoning Bylaw
Table 7-6 M - Industrial District Development Standards
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Rear
Yard (m)
Minimum Side
Yard (m)
(36)
Warehouses
P
11
930
25
7.5
6
3
(37)
Welding and machine shops
P
11
930
25
7.5
6
3
(38)
Wholesale establishments
P
11
930
25
7.5
6
3
Community Service and Other Uses
(1)
Municipal facilities
P
0
- -
- -
- -
- -
- -
(2)
Parks and playgrounds
P
0
- -
- -
- -
- -
- -
(3)
Public works excluding sewage lagoons
P
0
- -
- -
- -
- -
- -
Residential
(1)
Dwelling units accessory to permitted uses and integrated
as part of a principal building for the use of caretakers,
owners or managers
D
1
3.9.4(10)
5.6
same as principal use
Use Designations:
(P) - Permitted Use
Any use or form of development, other than a discretionary
use, specifically allowed in a zoning district subject to the
regulations contained in this zoning bylaw.
D) - Discretionary Use
Any use or form of development that may be allowed in a
zoning district following application to, and approval of, the
Council, and which complies with the development standards
as required by Council and contained in this zoning bylaw.
Special limitations and standards regarding Table 7-6 and the M District:
Village of Muenster Zoning Bylaw
99
7.7
FUD- FUTURE URBAN DEVELOPMENT
7.7.1
Purpose
The purpose of the FUD - Future Urban Development District is to provide for interim land uses
where the future use of the land or the timing of development is uncertain due to issues of servicing,
transitional use or market demand.
7.7.2
Permitted and Discretionary Uses
Uses are listed and designated in Table 7-7.
7.7.3
Accessory Uses
(1)
Accessory buildings and uses shall be permitted subject to Section 4.7.
7.7.4
Standards and Regulations
(1)
Site and building requirements are shown in Table 7-7.
7.7.5
Standards for Discretionary Uses
Council will consider discretionary use applications in the FUD District with respect to Section
3.9.3 - General Discretionary Use Evaluation Criteria and to Section 3.9.4 - Use-Specific
Discretionary Use Evaluation Criteria and to additional evaluation criteria and development
standards that follow in this section.
7.7.6
Off-Street Parking and Loading
Off-street parking and loading requirements are subject to Section 4.8.
7.7.7
Outside Storage
Outside storage, including waste material storage, is subject to Section 4.13.
7.7.8
Landscaping
Landscaping is subject to Section 4.24.
100
Village of Muenster Zoning Bylaw
Table 7-7: FUD - Future Urban Development District Development Standards
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Minimum
Building Floor
Area (m2)
Maximum Site
Coverage (%)
Residential Uses
(1)
Home-based businesses - type I
P
0
5.9
same as principal use
(2)
Home-based businesses - type II
D
16
5.9
same as principal use
(3)
Single detached dwellings
D
1
500(1)
(1)
(1)
(1)
(1)
(1)
(1)
Other Uses
(1)
Agricultural uses including crop farming, grazing
and pasturage, and cultivation of land, but not
including intensive livestock or poultry
operations
P
0
- -
16,000
- -
- -
- -
- -
- -
- -
(2)
Campgrounds and Tourist Camps
D
0
5.18
1,000
- -
- -
- -
- -
- -
- -
(2)
Cemeteries
D
0
3.9.3
1,000
- -
- -
- -
- -
- -
- -
(2)
Golf courses
D
3
3.9.4(9)
1,000
- -
- -
- -
- -
- -
- -
(3)
Municipal facilities
P
0
- -
- -
- -
- -
- -
- -
- -
- -
(4)
Nurseries, greenhouses and garden centres
D
3
- -
1,000
- -
- -
- -
- -
- -
- -
(5)
Public works excluding sewage lagoons
P
0
- -
- -
- -
- -
- -
- -
- -
- -
(6)
Sand and gravel operations
D
0
3.9.3
1,000
- -
- -
- -
- -
- -
- -
(7)
Sports fields, parks and playgrounds
P
0
- -
1,000
- -
- -
- -
- -
- -
- -
(8)
Telecommunication towers
P
0
- -
- -
- -
- -
- -
- -
- -
- -
Use Designations:
(P) - Permitted Use
Any use or form of development, other than a
discretionary use, specifically allowed in a zoning
district subject to the regulations contained in this
zoning bylaw.
(D) - Discretionary Use
Any use or form of development that may be allowed in a zoning district
following application to, and approval of, the Council, and which complies
with the development standards as required by Council and contained in
this zoning bylaw.
Special limitations and standards regarding Table 7-7 and the FUD District:
(1) Single detached dwellings are subject to the lot requirements of all regulations within the R1 -Residential District and are also
subject to being directly connected to Village water and wastewater services.
Village of Muenster Zoning Bylaw
101
7
MAPS
Village of Muenster Zoning Map
HWY 5
20
20
12
12
N
N
18
15
1
1
19
4
4
13
C
C
6
11
11
21
2
2
17
17
17
14
8
16
16
18
C
19
7
8
5
5
3
3
20
A
16
14
3
18
4
19
1
13
8
6
2
5
7
20
15
17
2
5
9
12
3
6
1
4
10
7
13
14
1
15
11
8
14
4
1
8
5
9
11
10
9
2
7
8
13
3
6
15
7
4
5
3
2
10
1
6
12
27
7
8
4
10
4
22
30
26
12
17
7
19
14
17
28
2
27
21
5
15
5
29
2
23
30
26
8
3
17
21
9
29
10
6
24
25
13
12
15
6
28
1
20
19
24
25
9
20
3
16
12
20
21
18
16
18
11
5
25
14
8
22
16
1
24
19
28
2
4
13
9
13
30
15
29
23
11
6
10
26
7
3
1
18
27
11
23
14
2
3
1
8
5
9
10
7
6
11
11
8
12
7
10
13
14
9
6
5
4
3
1
2
14
10
12
11
9
7
8
13
3
4
1
6
5
2
3
4
1
5
2
4
2
6
7
4
1
5
8
3
2
6
1
8
3
5
7
3
1
2
7
6
11
9
2
5
1
14
13
10
3
12
8
4
32
34
3
4
3
31
C
A
D
B
1
2
3
11
10
A
6
1
1
2
4
11
8
10
7
9
12
5
3
2
33
2
5
7
4
1
6
3
2
1
3
4
4
5
6
3
1
2
7
8
O
R2
13
R1
F
C
D
E
B
2
2
2
A
C
E
X
MR6
MR4
MR5
MR8
MR7
C
C
C
A
Y
MR3
D
E
C
E
D
15
B1
P
Q
R
P
B
7
Z
B
B
G
A
F
K
M
G
J
L
H
X
Y
9
8
10
N
T
S
H
PB1
PB2
Village of Muenster
Future Land Use Map
Legend
Residential
Commercial
Industrial
Commercial/Residential
Community Service
Commercial/Industrial
Rail Line
Provincial Highway
Municipal Boundary
Rural Municipality
Water Body
Future Growth Area
Existing
Potential
Map 1