Zoning Bylaw (June 2021, Bylaw No. 2021-008)
Naicam, Saskatchewan
· No. 2021-008
· summary & facts
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Naicam
townofnaicam.ca
Zoning Bylaw
JUNE 2021
(
CONFIDENTIALITY AND© COPYRIGHT
This report was prepared by Associated Engineering (Sask.) Ltd. for the account of Town of Naicam. The material in it reflects Associated Engineering (Sask.)
Ltd.'s best judgement, in the light of the infonnation available to it, at the time of preparation. Any use which a third party makes of this report, or any
reliance on or decisions to be made based on it, are the responsibility of such third parties. Associated Engineering (Sask.) Ltd. accepts no responsibility for
damages, if any, suffered by any third party as a result of decisions made or actions based on this report
Town of Naicam
4.6
Condominium and Bare Land Condominium Plans
4-1
4.7
Building to Be Moved
4-2
4.8
Demolition of Buildings
4-2
4.9
Grading and Levelling of Sites
4-3
4.10
Water
4-3
4.11
Waste Disposal
4-3
4.12
Servicing
4-4
4.13
Development on Hazard Lands
4-4
4.14
Required Yards and Open Space
4-4
4.15
Height Exemptions
4-4
(
4.16
Outdoor Storage
4-5
4.17
Accessory Buildings and Structures
4-5
4.18
Fences
4-7
4.19
Sight Triangles
4-7
4.20
Lighting
4-8
4.21
Driveways
4-8
4.22
Off-Street Parking and Loading
4-8
4.23
Signs
4-11
4.24
Developments Encroaching on Town Property
4-11
4.25
Environmental Site Assessment
4-12
5
Specific Use Regulations
5-1
5.1
Abattoir
5-1
5.2
Bed and Breakfast Homes
5-1
5.3
Boarding or Rooming House
5-1
5.4
Dwelling Groups
5-1
5.5
Dwelling Units Attached To, Above or In Rear of Any Other Permitted Use
5-2
5.6
Family Child Care Homes
5-2
5.7
Garden and Garage Suites
5-2
5.8
Home Based Businesses
5-2
5.9
Medical Marijuana Facility
5-3
5.10
Mobile Home Courts
5-3
5.11
Mobile Homes
5-4
5.12
Modular Homes and Ready-to-Move (RTM) Homes
5-4
5.13
Multiple Unit Dwellings
5-4
5.14
Personal Service Establishments
5-5
5.15
Residential Care Homes
5-5
5.16
Secondary Suites
5-5
ii
TABLE OF CONTENTS
SECTION
Table of Contents
List of Tables
1
2
3
4
Introduction
1.1
Authority
1.2
Title
1.3
Purpose
1.4
Scope
1.5
Severability
Interpretation
1.1
Rules of Interpretation
1.2
1.3
Land Use District Boundaries
Definitions
Administration
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
3.14
3.15
Development Officer
Development Permit
Development Permit Application Requirements
Referral to Council
Development Permit Application Process
Development Agreements
Discretionary Use Application Process
General Discretionary Use Evaluation Criteria
Discretionary Use Terms and Conditions
Limitations on Discretionary Use Approvals
Development Appeals
Development Permit Fee
Discretionary Use Application Fee
Zoning Amendment Application Fee
Minor Variances
3.16
Zoning Compliance, Offences and Penalties
General Regulations
4.1
Licences, Permits and Compliance with Other Bylaws and Legislation
4.2
4.3
4.4
4.5
Non-Conforming Buildings, Uses, and Sites
Frontage on Road
Building Lines
Number of Principal Buildings Permitted on a Site
Table of Contents
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Town of Naicam
LIST OF TABLES
Table 4-1 Off Street Parking
Table 4-2 Off-Street Loading Area
Table 7-1 Residential Site Regulations
Table 7-2 Mobile Home Site Regulations
Table 7-3 Community Service Site Regulations
Table 7-4 Downtown Commercial Site Regulations
Table 7-5 Highway Commercial Site Regulations
Table 7-6 Industrial Site Regulations
Table 7-7 Future Urban Development Site Regulations
iv
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7-6
7-9
7-12
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7-15
6
7
8
9
5.17
Service Stations and Gas Bars
5.18
Short-Term Rental Properties
Zoning Districts
6.1
Classification of Zoning Districts
6.2
Zoning District Map
6.3
Boundaries of Zoning Districts
6.4
Zoning Districts
6.5
Permitted, Discretionary and Prohibited Uses
District Schedules
Schedule 1: R - Residential District
Schedule 2: MH - Mobile Home District
Schedule 3: CS - Community Service District
Schedule 4: C1 - Downtown Commercial District
Schedule 5: C2 - Highway Commercial District
Schedule 6: M - Industrial District
Schedule 7: FUD - Future Urban Development District
Effective Date of the Bylaw
Maps
Table of Contents
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iii
Town of Naicam
1
INTRODUCTION
1.1 Authority
Under the authority of The Planning and Development Act, 2007 (the Act}, and Bylaw No. 2021-008, the Official
Community Plan of the Town of Naicam, the Council of the Town of Naicam in the Province of Saskatchewan, in open
meeting, hereby enact as follows:
1.2 Title
This bylaw shall be known and may be cited as the Zoning Bylaw of the Town of Naicam.
1.3 Purpose
1.
This is a bylaw to regulate development and to control the use of land in the Town of Naicam in accordance
with the Official Community Plan for the Town of Naicam.
2.
The intent of this bylaw is to provide for the amenity of the area and for the health, safety and general welfare
of the inhabitants of the Town:
a)
to minimize land use conflicts;
b)
to establish minimum standards to maintain the amenity of the Town;
c)
to ensure development is consistent with the physical limitations of the land; and
d)
to restrict development that places undue demand on the Town's infrastructure.
1.4 Scope
Development shall be permitted within the limits of the Town of Naicam only when in conformity with the provisions
of this bylaw subject to the right of appeal provisions of the Act.
1.5 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 in
whole or in part, other than the section, clause, provision or anything shown on the Zoning District Map, declared to
be invalid.
1-1
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Town of Naicam
Act, The Planning and Development Act, 2007, as amended from time to time.
Adjacent, Land or portion of land that shares a property line with another site and includes land or a portion of land
that would be contiguous if not for a river, stream, railway, road or utility right of way or reserve land.
Administrator, The Chief Administrative Officer of the Town of Naicam.
Agricultural Supply Establishment, An establishment that sells goods and materials which directly support agricultural
uses such as the tillage of soil, growing and harvesting of vegetables, fruits, field crops, mushrooms, berries, trees,
flowers or landscaping materials; the grazing, breeding, raising, boarding or training of all kinds of livestock and poultry
including but not limited to cattle, swine, sheep, deer, goats, rabbits, poultry, horses, ponies, donkeys, mules and fur
bearing animals; aquaculture; apiaries; the erection and use of greenhouses, vine crops, woodlots and forest tree uses;
and the packing, treating, storing and sale of produce produced on the premises and other similar uses customarily
carried on in the field of general agriculture.
A!ter or Alteration, Any structural change in, or addition to, a building or structure and shall include a change from one
type of use to another.
Ancillary Use, 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.
Apartment, A building divided into three or more dwelling units, unless otherwise defined, each of which is occupied
or intended to be occupied as a permanent home or residence, but not including hotels, motels or townhouses.
Auction Market, A facility or area in which buyers indicate the highest price they are willing to pay and sellers indicate
the lowest price they are willing to accept. A trade occurs when the buyer and seller agree on a price.
Autobody Shop, A garage where repairs to the bodies of vehicles are carried out.
Automobile Supply Store, Jobber and retail auto parts stores which primarily sell automotive products and
conduct business at the retail level.
Bank, A bank is a financial institution that accepts deposits from the public and creates credit. Lending activities can be
performed either directly or indirectly through capital markets.
Bakery, A bakery is an establishment that produces and sells flour-based food baked in an oven such as bread,
cookies, cakes, pastries, and pies. Some retail bakeries may also be categorized as cafes, serving coffee and tea to
customers who wish to consume the baked goods on the premises.
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Town of Naicam
2
INTERPRETATION
1.1
Rules of Interpretation
1.
Where reference is made to other legislation or documents, the reference is to the legislation or documents as
amended from time to time.
2.
The words "shall", "must" and "is" require mandatory compliance except in cases where a variance has been
granted pursuant to the Act.
3.
Where a regulation involves two or more conditions, provisions or events connected by the word "and" means
that all the connected items shall apply in combination.
4.
Where a regulation involves two or more conditions, provisions or events connected by the word "or" means
that the connected items may apply individually.
5.
Words, phrases, and terms not defined in this section may be given their definition in the Act or the National
Building Code. Other words shall be given their customary meaning.
1.2
Land Use District Boundaries
1.
Where a zoning district boundary is shown on the Zoning District Map as approximately following a property
line, it follows the property line or lease boundary in the case of a municipal, provincial or federal lease.
2.
Where a zoning district boundary is shown on the Zoning District Map as the Town of Naicam municipal
boundary, it follows the Town of Naicam municipal boundary.
3.
Where a zoning district boundary is shown on the Zoning District Map as approximately following a road, lane,
railway, pipeline, power line, utility right of way, or easement, it follows the centre line, unless otherwise
clearly indicated on the Zoning District Map.
4.
In circumstances not defined above, the zoning district boundary shall be determined by the Development
Officer measuring the boundary from some known location on the Zoning District Map.
5.
When any road or lane is closed, it has the same districting as the abutting land. When different districts
govern abutting lands, the centre of the road or lane is the zoning district boundary unless the zoning district
boundary is shown clearly following the edge of the road or lane. If the road or lane is consolidated with an
adjoining lot, that lot's district designation applies to affected portions of the closed road or lane.
1.3
Definitions
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:
Abattoir, A facility where animals are slaughtered, most often to provide food for people. Slaughterhouses supply
meat, which then becomes the responsibility of a packaging facility.
Accessory Building or Use, A building or use which:
1.
is subordinate to and serves the principal building or principal use;
2.
is subordinate in area, extent, and purpose to the principal building or principal use served;
3.
contributes to the comfort, convenience or necessity of occupants of the principal building or principal use
served; and,
4.
is located on the same site as the principal building or principal use served.
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Town of Naicam
Cannabis Production Facility, A federally-licensed facility used for the purposes of cultivation, harvesting, production,
processing, manufacturing, packaging, testing, storage or shipping of cannabis or goods and products derived from
cannabis.
Cannabis Retail Store, A provincially-licensed retail store where cannabis or cannabis products are sold, and which
may include the sale of related accessories and ancillary items, but does not include the manufacturing or processing
of products to be sold on-site. A cannabis retail store is not a pharmacy or a medical clinic.
Carport, 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 which is attached to a principle building.
Car Wash, A building or portion of a building which is used for washing vehicles, including full service, automatic and
hand operated facilities.
Cement Plant, A type of plant with the necessary equipment, materials, machinery, space, technology, employees and
management to create and produce cement and other cement related products.
Cemetery, Property used for the interment of the dead and may include facilities for the storage of ashes of human
remains that have been cremated.
Club, 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.
Commercial Storage, A building or storage facility intended to provide indoor or outdoor storage of personal items
where a customer is charged a rental fee on a monthly or annual basis.
Communication Facility, An Industry Canada regulated communication facility, including radio television, cellular
telephone and microwave transmission towers and accessory buildings.
Community Centre, A building or facility used for recreational, social, educational or cultural activities and which is
owned by a municipal corporation, non-profit corporation or other non-profit organization.
Community Garden, A single piece of land gardened collectively by a group of people. Community gardens utilize
either individual or shared plots on private or public land while producing fruit, vegetables, and/or plants grown for
their attractive appearance.
Concept Plan, A plan based upon legislative authority provided within the Act prepared by or for Council examining
future land uses, essential services and facilities, transportation systems, development density and phasing of
development. A Concept Plan must be consistent with the Official Community Plan and identify and address social,
environmental, health and economic issues.
Contractor, A person or company that undertakes a contract to provide materials or labor to perform a service or do a
job.
2-4
2 - Interpretation
Bed and Breakfast Home, A facility in a dwelling unit, licensed as an itinerant use accommodation as defined by The
Public Accommodation Regulations as amended from time to time, in which the occupants thereof use a portion of the
dwelling unit to provide, for remuneration, sleeping accommodations and one meal per day to members of the public,
for periods of two weeks or less, and in which:
1.
Not more than three bedrooms within the dwelling unit are used to provide such sleeping accommodation;
2.
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,
3.
the meal which is provided is served before noon each day.
Boarding House, A house in which lodgers rent one or more rooms for one or more nights, and sometimes for
extended periods of weeks, months, and years. The common parts of the house are maintained, and some services,
such as laundry and cleaning, may be supplied. They normally provide "room and board," that is, at least some meals as
well as accommodation.
Building, 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, Accessory, A subordinate, detached building, appurtenant to a principal building or principal use and located
on the same lot.
Building Bylaw, A bylaw of the Town of Naicam regulating the erection, alteration, repair, occupancy or maintenance
of buildings or structures, adopted pursuant to The Uniform Building and Accessibility Standards Act as amended from
time to time.
Building Line, 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 Line, Established, 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, A permit issued under a building bylaw of the Town of Naicam authorizing the construction of all or
part of a building or structure.
Building, Principle, The building in which the main or primary use of the site is conducted.
Bulk Fuel Operation, A facility for the bulk storage and distribution of petroleum products and may include card lock
retail sales.
Bulk Fertilizer Operation, A facility for the storage and distribution of fertilizer in bulk quantities, but not including
retail sales or processing.
Bus Terminal, A designated place where a bus or coach starts or ends its scheduled route.
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Town of Naicam
Dwelling, Semi-Detached, Two dwelling units side-byqside in one building on its own site, with a common wall which
separates the two dwelling units, without opening, throughout the entire structure.
Dwelling, Single Detached, A detached building consisting of one dwelling unit as herein defined but shall not include
a mobile home as herein defined.
Dwelling, Townhouse, A dwelling, designed as one cohesive building in terms of architectural design, which contains
three or more similar attached dwelling units each of which fronts on a street, has direct access to the outside at grade
and is not wholly above another dwelling.
Dwelling Unit, A separate set of living quarters, whether occupied or not, usually containing sleeping facilities, sanitary
facilities and a kitchen.
Education Institution, A post-secondary college, university or technical institution, but shall not include a private
school.
Emergency or Protective Service, A public facility used by fire, police, ambulance, and others as a base of operations.
Estimated Peak Water Level (E.P.W.L.), The calculated water level use to determine the flood hazard area. It is based
on the 1:500 peak flow for rivers, and the higher of the 1:500 peak calm level or the 1:100 peak calm level with a 1:5
wind from the most critical direction for most lakes.
Facility, A place, amenity, or piece of equipment provided for a particular purpose.
Family Child Care Home, A childcare facility located in a building where the principal use is a dwelling unit, and which
is licensed pursuant to The Child Care Act.
Farmers' Market, A permanent building 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,
seNices, and activities.
Farm Stand, 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, An artificially constructed barrier erected to enclose or screen areas of land.
Financial Institution, A bank, credit union, trust company, or similar establishment.
Flood Hazard Area, The area below the E.P.W.L.. The flood hazard area has two zones; the Flood Fringe and the
Floodway.
2-6
2 - Interpretation
Construction Trades, Buildings with or without associated retail sales of plumbing and heating, electrical, carpentry,
masonry and other trades associated with construction.
Convenience Store, A building offering for sale primarily food products, beverages, tobacco, personal care items,
hardware and printed matter and which primarily provides a convenient day-to-day service to residents in the vicinity.
Corner Site, A site at the intersection or junction of two or more streets.
Council, The Council of the Town of Naicam.
Cultural Institution, Establishments such as museums, art galleries, libraries and similar facilities of historical,
educational or cultural interest.
Daycare Centre, A facility providing for the care, supervision and protection of children (or adults) but does not
include the provision of overnight supervision.
Deck, a raised open platform, with or without rails, attached to a principle building.
Development, The carrying out of any building, engineering, mining or other operations in, on, or over land, or the
making of any material change in the use or intensity of use of any building or land.
Development Permit, A document issued by the Development Officer of the Town of Naicam authorizing a
development, issued pursuant to this Zoning Bylaw, but does not include a building permit.
Discretionary Use, A use or form of development that may be allowed in a zoning district following application to, and
approval of the Council; and which complies with the development standards, as required by Council, contained in this
bylaw.
Dwelling, A building used or intended for residential occupancy.
Dwelling, Duplex, 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 Group, A group of two or more detached one-unit dwellings, two-unit dwellings or multiple unit dwellings or
combinations thereof occupying the same site.
Dwelling, Multiple Unit, A building divided into three or more dwelling units as herein defined and shall include town
or row houses and apartments but not rooming houses, hotels or motels.
Dwelling, Ready-to-Move (RTM), 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 National Building Code of Canada, and which is transported
to the site as a complete unit for placement on a fixed approved foundation which also complieswith the
requirements of the National Building Code of Canada.
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Town of Naicam
Grade Level, 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.
Grain Elevator; A tall building used to store grain and containing equipment for conveying grain to the top of a storage
bin or bins.
Greenhouse, A structure with walls and roof made chiefly of transparent material, such as glass, in which plants
requiring regulated climatic conditions are grown.
Gross Floor Area, The sum of the gross horizontal area of the building measured at each floor level, excluding in the
case of a dwelling, any private garage, porch, veranda, sun lounge, unfinished basement, or attic. All dimensions shall
be measured between exterior faces of exterior walls.
Group Care Facility, Shared living quarters (without separate kitchen or bathroom facilities for each room or unit) for
seven (7) or more persons with physical or mental impairments that substantially limit one or more of such person's
major life activities when such persons are not living together as a Single Household Unit. This classification includes
but is not limited to, group homes, sober living environments, recovery facilities, and establishments providing non
medical care for persons in need of personal services, supervision, protection or assistance essential for sustaining the
activities of daily living facility, including resident services for persons handicapped or disabled, undergoing
rehabilitation, or otherwise in need of care and supervision. This definition shall not include licensed residential care
facilities, emergency shelters, transitional housing, lodging units or boarding houses.
Habitable, Any room in a dwelling, such as a bedroom, bathroom, kitchen or living room, other than a non-habitable
room.
Habitable, Non, A space in a dwelling providing a service function and not intended primarily for human occupancy,
including entry ways, corridors or storage areas.
Hazard Land, Land which is subject to flooding, ponding, subsidence, landslides, erosion or contamination.
Health Care Clinic, A building or institution engaged in the provision of services for health maintenance, diagnosis or
treatment of human pain, injury or other physical condition on an out-patient basis.
Home Based Business, 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 Improvement Centre, A home improvement centre, home improvement store, or home centre is a retail store
that combines the functions of a hardware store with those of a lumber yard.
Hotel, A building or part of a building used as a place for sleeping accommodation with or without meals, where a
guest register is kept, and which may have a licensed beverage room but does not include a motel or rooming house.
2-8
2 - Interpretation
Flood Fringe, A zone within the flood hazard area where some types of development may occur if suitably flood
proofed. The flood fringe is typically defined as that portion of the flood hazard area where:
1.
Depth of inundation above natural ground is less than 1.0 m.
2.
Flow velocities are less than 1.0 m per second: and
3.
Encroachment (fill) into the flood fringe would raise upstream water levels by less than 0.3 m.
Floodway, A zone within the flood hazard area where typically only necessary infrastructure is allowed (e.g. water
intakes and outfalls, bridge piers and abutments, etc.) or development that is of low value and non-obstructive (e.g.
parks, nature areas, parking lots, and recreational trails). The floodway contains the deepest, fastest, and most
destructive flood waters and is typically defined as that portion of the flood hazard area where:
1.
Depth of inundation above natural ground is more than 1.0 m.
2.
Flow velocities are greater than 1.0 m per second: and
3.
Encroachment (fill) into the flood fringe would raise upstream water levels by more than 0.3 m.
Flood Proofing, Techniques or measures taken to permanently protect a structure or development from flood damage.
These can include measures such as elevation building (e.g. building on fill or piers), constructing dykes, creating
upstream storage, diversions and channelization.
Floor Area, The maximum habitable area contained within the outside walls of a building at, or above grade level,
excluding in the case of a dwelling unit any private garage, porch, sunroom, or unfinished attic.
Frontage, The length of the front site line.
Fuel Storage Tank, Above Ground, A storage tank, any portion of which is above grade and containing gasoline, diesel
fuel, or propane for retail sale or dispensing into motor vehicles.
Funeral Home, An establishment where the dead are prepared for burial or cremation.
Garden Suite, A self-contained unit having a kitchen, eating area, living room, bathroom, and no more than two
bedrooms to allow for the unit to operate independently of the main dwelling unit (except for sharing of services).
Garden suites shall be in an accessory building or contained within a detached garage (at grade or above the garage).
Garage Suite, 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.
Garage, Private, An accessory building 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, Any building 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.
Gas Bar, A building or facility used for the retail sale of gasoline, diesel and propane, and may offer other petroleum
products, vehicle accessories, fast foods, dry goods and groceries.
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Town of Naicam
Machine Shop, a room, building, or company where machining, a form of subtractive manufacturing, is done. In a
machine shop, machinists use machine tools and cutting tools to make parts, usually of metal or plastic.
Manufacturing Operation - Small Scale, A small scale, on-site production of goods by hand manufacturing, primarily
involving the use of hand tools including, but not limited to woodworking, wool processing, and small-scale welding.
Manufacturing Operation - Large Scale, A use that is engaged in manufacturing, assembly, fabrication, packaging, or
other industrial processing of products, primarily from extracted or raw materials or the bulk storage and handling of
such products and materials, or an industrial establishment having potential to produce noise, dust, glare, odors, or
vibration beyond its property line. This term includes but is not limited to processing and packaging of alcoholic
beverages, chemical manufacturing, stonework or concrete product manufacturing, fabrication of metal products,
manufacturing of agricultural, construction, or mining machinery, motor vehicle manufacturing, lumber milling or
permanent concrete/batch plant. Manufacturing, large scale use does not include medical marijuana facilities.
Mayor, The Mayor of the Town of Naicam.
Medical Marijuana, A substance used for medical purposes authorized by a license issued under the Federal
Government's Marijuana for Medical Purposes Regulations or any subsequent legislation which may be enacted in
substitution.
Medical Marijuana Facility, Any building in which an activity authorized by a license issued under the Federal
Government's Marijuana for Medical Purposes Regulations, or any successor or replacement legislation or regulation, is or
may be conducted including such activities as growing, processing, labeling, and packaging, storing, and transporting of
marijuana. This does not include the retail sale of marijuana for recreational purposes.
Membrane Covered Structures, A structure consisting of a frame that is covered with a plastic, fabric, canvas or
similar non-permanent material, which is used to provide storage for vehicles, boats, recreational vehicles, or other
personal property. The term shall also apply to structures also commonly known as hoop houses, canopy covered
carports, tent garages, portable garages and can be fully or partially covered, but does not include gazebos.
Minister, The member of the Executive Council whom, for the time being, is assigned the administration of The
Planning and Development Act, 2007.
Mobile Home, A trailer coach that:
1.
Is used as a dwelling all year round;
2.
Has water faucets and shower or other bathing facilities that may be connected to a water distribution
system;
3.
Has facilities for washing and a water closet or other similar facility may be connected to a sewage lagoon;
and
4.
Conforms to Canadian Standards Association, Construction Standard No. Z240.2.1-1979 and amendments
thereto.
Mobile Home Court, Any parcel of land on which two or more occupied mobile homes are located and includes any
structure used or intended to be used as part of the equipment of such mobile home court.
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2 - Interpretation
Housing Group, Two or more single detached or semi-detached dwelling units located on a single lot.
Industrial, General Use, Any of the following uses:
1.
Processing of raw or finished materials.
2.
Manufacturing or assembly of goods, products or equipment.
3.
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.
4.
Storage or transshipment of materials, goods and equipment, including warehouses.
5.
Training of personnel in general industrial operations.
6.
Indoor display, office, technical or administrative support areas or any sales operation accessory to the general
industrial use.
Industrial Supply Store, A retail store suppling unique goods and products required to a specific trade or industry.
Intersection, An area where two or more streets or lanes meet or cross at grade.
Junk and Salvage Yards, Uses including, but not limited to, 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, The temporary accommodation of dogs, cats or other domestic animals for commercial purposes.
Landscaping, The changing, rearranging, or adding to the original vegetation of a site, including site grading, addition of
topsoil, grass, trees, plants, sidewalks and other natural or decorative features.
Lane, A public highway vested in the Crown as a secondary level of access to a lot or parcel of land.
Light Manufacturing, Any 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.
Loading Space, A space, measuring at least 2.4 m in width and 8.4 m in depth, located on a lot, and having access to a
street or lane, in which a vehicle may park to load or unload goods.
Lot (Site), An area of land with fixed boundaries under the same ownership and which is on record with the
Information Services Corporation (ISC) by Certificate of Title.
Lot Coverage, That portion of the lot that is covered by principle and accessory buildings.
Lumber Yards, A location where lumber and wood-related products used in construction and/or home improvement
projects are processed cir stored. Some lumber yards offer retail sales to consumers, and some of these may also
provide services such as the use of planers, saws and other large machines.
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Town of Naicam
Nursing Home, An extended or intermediate care facility licensed or approved to provide full-time convalescent or
chronic care to persons who, by reason of advanced age, chronic illness or infirmity are unable to care for themselves.
Office and Office Building, A building or part of a building used primarily for conducting the affairs of a business,
profession, service, industry, or government in which no goods or commodities of business or trade are stored,
transhipped, sold or processed.
Official Community Plan, The Official Community Plan for the Town of Naicam.
Parking Lot, An open area of land, other than a street, used for the temporary parking of more than four vehicles and
available for public use whether free, for charge, or for accommodation of clients or customers.
Parking, Off-Street, Accommodation for the parking of vehicles off a public street or lane.
Parking Space, Vehicle, A space within a building or parking lot for the parking of one vehicle, having minimum
dimensions of 2.4 m wide by 5.5 m deep, and which has access to a developed street or lane.
Permitted Use, A use or form of development, other than a discretionary use, specifically allowed in a zoning district
subject to the regulations applicable to that zoning district.
Personal Care Home, A building licensed under The Personal Care Homes Act that provides long term residential, social
and personal care, including accommodation, meals, supervision or assistance for persons who have some limits on
ability for self-care, and are unrelated to the operator or owner.
Personal Service Establishment, A business associated with the grooming of persons or the maintenance or repair of
personal wardrobe articles and accessories and may include:
1.
Beauty salons and barber shops;
2.
Shoe repair;
3.
Dry-cleaning pick-up depots;
4.
Self-serve laundry;
5.
Tailor or seamstress;
6.
Massage services;
7.
Photography studios;
8.
Tanning beds; and
9.
Tattoo parlours and other similar uses.
A personal service establishment does not include the provision of health-related services.
Place of Worship, A place used for worship and related religious, philanthropic or social activities and includes
accessory rectories, manses, meeting rooms and other buildings. Typical uses include churches, chapels, mosques,
temples, synagogues and parish halls.
Preschool, A facility which provides a program for preschool aged children.
Principal Building, The main building in which the principal use of the site is conducted.
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2 - Interpretation
Mobile Home, Double Wide, A mobile home consisting of two sections, separately towable, but designed to be joined
together into one building.
Mobile Home, Single Wide, A mobile home designed to be towed as a single load and less than 6.09 m wide.
Mobile Home Site, An area of land in a mobile home court for the placement of a mobile home.
Modular Home, A factory-built dwelling that is manufactured as a whole or modular unit and is designed to be moved
on a removable chassis, conforming to Canadian Standards Association, Construction Standard No. 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.
Motel, An establishment consisting of a group of attached or detached living or sleeping accommodations each with a
bathroom, located on a single lot and designed for use by the public, providing convenient access to a parking space
for the use of the occupants of the unit, and may include a restaurant or licensed dining room and living
accommodations for the owner or operator.
Municipal Facility, Land, buildings or structures owned by the Municipality including, but not limited to office and/or
meeting space, storage of municipal equipment and/or supplies, and recreation or other institutional purposes.
Municipality, The Town of Naicam.
Neighbourhood Convenience Store, A small retail business that stocks a range of everyday items such as coffee,
groceries, snack foods, confectionary, soft drinks, tobacco products, over the counter drugs, toiletries, newspapers,
and magazines.
Non-Conforming Building, A building:
1.
That is lawfully constructed or lawfully under construction, or in respect to which all required permits have
been issued, on the date that this bylaw or any amendment to the bylaw affecting the building or land on
which the building is situated or will be situated, becomes effective; and
2.
That on the date this bylaw or any amendment hereto becomes effective does not or when construction will
not comply with this bylaw.
Non-Conforming Site, A site, consisting of one or more contiguous parcels, that on the date the bylaw or any
amendment to this bylaw becomes effective, contains a use that conforms to the bylaw, but the site area or site
dimensions do not conform to the standards of the bylaw for that use.
Non-Conforming Use, A lawful specific use:
1.
Being made of land or a building or intended to be made of a building lawfully under construction, or in
respect to which all required permits have been issued, on the date this bylaw or any amendment hereto
becomes effective, and
2.
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.
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Town of Naicam
Right of Way, The land set aside for use as a municipal roadway or utility corridor.
Rooming House, A building containing more than one rooming unit.
Rooming Unit, A room or rooms for accommodation, other than a dwelling unit or other form of accommodation as
defined elsewhere in this bylaw, with sleeping facilities but without private toilet facilities.
Safe Building Elevation, An elevation of 0.5 m above the 1:500 flood elevation of any watercourse or water body in
the flood hazard area for the development of any new buildings and additions.
Sand and Gravel Operation, A place which is associated with an aggregate extraction operation where gravel, rock,
sand, earth, clay, or fill is stored prior to distribution.
School, Private, 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, A facility which meeting provincial requirements for elementary or secondary education, and which
secures the majority of its funding from taxation.
Secondary Suite, A self-contained dwelling unit, which is an accessory use to, and located within the principle single
detached dwelling building. Secondary suites will provide a kitchen, eating area, living room, bathroom, and no more
than two bedrooms to allow for the suite to operate independently.
Seed Cleaning Plants and Feed Mills, A building, structure or vehicle designed, intended or used for cleaning grain or
seeds to be used for seeding. Feed mills are a process and/or a combination of processes used to produce a processed
food for fish, animal or human consumption.
Servicing Agreement, The legal agreement between a developer and the Municipality which specifies the obligations
and the terms and conditions for the approval of a subdivision pursuant to Section 172 of the Act.
Service Station, A facility 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. This use may include accessory uses, such as a
restaurant, car wash, fast foods, dry goods, groceries or vehicle sales lot.
Shipping Container, 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, 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.
Short-Term Rental Property, A dwelling which is not the principal residence of the host, but is used to provide rental
accommodations to guests for tenancies of less than 30 days.
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2 - Interpretation
Public Work, Any of the following:
1.
Systems for the production or distribution of electricity;
2.
Systems for the distribution of natural gas or oil;
3.
Facilities for the storage, transmission, treatment, distribution or supply of water;
4.
Facilities for the collection, treatment, movement or disposal of sanitary sewage; or
5.
Telephone or light distribution lines, that are owned or operated by the Crown or a municipality.
Real Property Report, A standard report prepared in accordance with The Saskatchewan Land Surveyors Act providing
an illustration of extent of title by the following:
1.
Legal description and municipal address (if available);
2.
Partial designations of adjoining lands;
3.
Linear measurements of the property boundaries;
4.
Location and descriptions of buildings with their dimensions and minimum distances from property
boundaries;
5.
Location of visible encroachments onto or off of the property;
6.
The location of all registered easements which affect the property;
7.
Certified by signature and seal, accompanied by a report indicating the date of the search, registered
owner, certificate of title number and legal description, identifying easements affecting the property and
referring to any encroachments onto or off of the property.
Recreational Facility, Commercial, A recreation or amusement building, or facility operated as a business and open to
the general public for a fee.
Recreational Facility, Public, A recreation or amusement building, or facility operated by the province, municipality, or
a non-profit organization and open to the general public.
Recreation Vehicle, A vehicle 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, A building used for collection and temporary storage of recyclable household material
such as bottles, cans, plastic containers and paper. The following shall not be allowed at a recycling collection depot:
1.
Processing of recyclable material other than compaction.
2.
Collection and storage of paints, oil, solvents, or other hazardous material(s); nor,
3.
Outdoor compaction.
Residential Care Home, A facility licensed under provincial regulations to provide, in a residential setting, 24-hour long
term residential, social, physical or personal care, including accommodation, meals, supervision, or assistance for
persons who have limits on ability for self-care or self-supervision, and who are unrelated to the operator or owner.
Restaurant, A building 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, 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.
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Town of Naicam
Trailer Coach, Any vehicle used or constructed in such a way as to enable it to be used as a conveyance upon public
streets or highways and includes a self-propelled or non-self-propelled vehicle designed, construction or
reconstruction in such a manner as to permit the occupancy thereof as a dwelling or sleeping place for one or more
persons notwithstanding that its running gear is removed or that it is jacked up.
Units of Measure, Units of measure in this Zoning Bylaw are metric, abbreviated as follows:
m - metre
m2 - square metre(s)
km - kilometres
ha - hectares(s)
Use, The purpose or activity for which a piece of land, or its building is designed, arranged or intended, occupied or
maintained ..
Veterinary Clinic, A place for the care and treatment of animals involving outpatient care and medical procedures
involving hospitalization.
Warehouse, A building used primarily for the storage of goods and materials.
Warehouse Sales, A development used for the wholesale or retail sale of a limited range of bulky goods from within an
enclosed building where the size and nature of the principal goods being sold typically require large floor areas for
direct display to the purchaser or consumer. This use class includes developments where principal goods being sold
are such bulky items as furniture, carpet, major appliances, fertilizer, and building materials.
Wholesale Establishment, 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, Any part of a lot unoccupied or unobstructed by any principal building.
Yard, Front, A yard extending across the full width of a lot between the front lot line and the nearest main wall of the
principal building or structure on the lot.
Yard, Rear, A yard extending across the full width of the lot between the rear lot line and the nearest main wall of the
principal building or structure on the lot.
Yard, Required, The open space between a lot line and the buildable area of a lot, within which no building or
structure shall be located except as provided in the Zoning Bylaw.
Yard, Side, A yard extending from the front yard to the rear yard between the side lot line and the nearest wall
exclusive of the eaves of the principal building on the lot.
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2 - Interpretation
Sight Triangle, The triangular area formed within a site by a straight line drawn between two points on the front and
side site lines from the point where the lot lines intersect. In the case of a street intersection, at a corner site, the
measured distance shall be 6.0 m.
Sign, 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 to a street.
Site (Lot), An area of land with fixed boundaries under the same ownership and which is on record with the
Information Services Corporation (ISC) by Certificate of Title.
Site, Corner, A site situated at the intersection of two or more streets.
Site Line, Front, The boundary that divides the site from the road right-of-way. In the case of a corner site, the front
site line shall mean the boundary separating the narrowest road frontage of the site from the road right-of-way. Site
frontage for a non?rectangular site shall be defined as the mean of the measured front and rear site lines.
Site Line, Rear, The boundary at the rear of the site and opposite the front site line.
Site Line, Side, A site line other than a front or rear site line.
Site, Through, A site not more than one lot in depth, having a frontage on two or more streets.
Special Care Home, An extended or intermediate care facility licensed or approved to provide full time convalescent
or chronic care to persons who, by reason of advanced age, chronic illness or infirmity are unable to care for
themselves.
Street, A public thoroughfare which affords the principal means of access to the abutting property.
Structural Alteration, The construction or reconstruction of supporting elements of a building or other structure.
Structure, Anything that is built, erected or constructed, located in, on, or over the ground, or attached to something
located in, on, or over the ground.
Temporary Building, A building under 50 m2 in floor area without a foundation or footing, and that is to be removed
upon expiration of a designated time period.
Temporary Use, A use established for a fixed period of time and that is to be discontinued upon the expiration of the
time period specified for that use.
Tourist Campgrounds, A tract or parcel of land which provides for the location of tents or trailer coaches used by
trailer coaches used by travelers and tourist for overnight accommodation and shall include accessory uses typically
commensurate with this use.
Town, The Town of Naicam.
2-iS
2 - interpretation
Pl.tilcJIDadwa,
Figure 2-1
Yard Area Diagram
Zoning District, 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 structure.
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Town of Naicam
3.3 Development Permit Application Requirements
3-2
1.
The application for a development permit shall be made to the Development Officer in accordance with the
requirements of this bylaw.
2.
The application for a development permit shall be accompanied by two (2) copies of a site or building plan,
drawn to scale that show:
a.
legal description and municipal address of the parcel;
b.
area and dimensions of the parcel to be developed;
c.
the locations of existing and proposed buildings and structures relative to site lines. Where no new
construction is proposed, the applicant shall supply a written description of the proposed
development in place of such plans;
d.
location of access and egress points to the parcel;
e.
loading and parking provisions where applicable;
f.
garbage and storage areas and the fencing and screening proposed for same;
g.
location of any registered utility rights-of-way or easements (including plan number) within or
abutting the property; and
h.
the treatment of landscaped areas if required.
3.
In addition to the information required in Section 3.3.2 the Development Officer may require the following to
make the application complete:
a.
a real property report;
b.
a landscaping plan;
c.
noise evaluation and attenuation studies;
d.
a lot lighting plan; and/or
e.
photographs or other similar tools.
4.
Where a proposed development may have a significant impact on the transportation network, the
Development Officer may require the preparation of a traffic impact assessment/study by a qualified traffic
engineer, addressing at a minimum, the following:
a.
the traffic characteristics of the proposed development;
b.
internal circulation and parking plan; and
c.
the impact of the development and the access system on traffic operations of abutting streets
(background traffic).
5.
Where the application is for a discretionary use, the applicant shall, in addition, provide a written description
of the proposed development, describing the intended use and operations, structures to be located on the
site, required municipal services, and any other information the Development Officer determines is necessary
to fully review the proposed development.
6.
When sufficient information on the proposed development have not been included with the application for a
development permit, the Development Officer may return the application to the applicant for further details.
The application so returned shall be deemed not to have been in its complete and final form.
7.
The applicant of an application for a use which is not listed in the district in which the building or land is
situated, may apply to Council for an amendment to this bylaw.
Town of Naicam
3
ADMINISTRATION
3.1 Development Officer
1.
The Development Officer shall administer this bylaw.
2.
The Development Officer shall be the Administrator for the Town of Naicam 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 Permit
1.
No person shall undertake a development or commence a use unless a development permit has first been
obtained, except as provided in Section 3.2.3.
2.
A development permit cannot be issued in contravention of any of the provisions of this bylaw or Official
Community Plan except as provided in an appeal subject to Sections 213 to 232 of the Act.
3.
A development permit is not required, but all other applicable provisions of this bylaw are to be followed, for
the following:
a.
the installation, construction or maintenance of a public work by the municipality or a public utility;
b.
maintenance and repairs that do not include structural alterations, additions, changes in use or the
intensity of use of any building;
c.
the completion of any development that has lawfully commenced prior to the adoption of this bylaw
or amendment thereto provided that the development is in accordance with the terms of any permit
issued;
d.
the use of a building or part thereof as a temporary polling station for a public election, referendum or
plebiscite;
e.
the erection of a satellite dish antennae with a dish diameter of less than 1.0 m in diameter which:
i.
is attached to a dwelling, other than an apartment, on a principal or accessory building;
ii.
displays no advertising other than the manufacturer's name or logo; and
iii.
is the only satellite dish antennae on a dwelling unit.
f.
accessory buildings under 9.3 m2 in area;
g.
landscaping where the proposed grades will not adversely affect the subject or adjacent properties;
h.
basement finishing, excluding a secondary suite located in a basement;
i.
fences; and
j.
a temporary building, the sole purpose of which is incidental to the construction or alteration of a
building for which a building permit has been granted.
4.
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:
a.
if the proposed development is not commenced within 12 months from the permit issuance date, or
b.
if the proposed development is legally suspended or discontinued, for a period of 12 or more months,
unless otherwise indicated by Council or the Development Officer.
5.
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 is required in conjunction with the issuance of a
replacement development permit.
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Town of Naicam
3. 7
Discretionary Use Application Process
1.
Applicants must file with the Development Officer a development permit application as described in Section
3.3 and pay the required application and public notice fees.
2.
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.
3.
The Development Officer may request comments from other government agencies or interested groups
where applicable.
4.
The Development Officer may refer any development permit application to a qualified professional for review
and advice as needed. The cost of this referral maybe assigned to the proponent at the discretion of Council.
5.
The Development Officer will set a date for the meeting at which the application will be considered by
Council and will give at least 7 days notice by ordinary mail to assessed owners of property within a 75 m
radius of the boundary of the applicant's land.
6.
The Development Officer will prepare a report concerning the application including recommended conditions
that may be applied to an approval.
7.
Council shall consider the application together with the report of the Development Officer, and any written or
verbal submissions received by Council. Council shall consider applications in terms of the requirements
contained in Sections 4 and 5 this bylaw where applicable.
8.
Council shall decide on a discretionary use application, by resolution, that rejects the application or approves
the application with or without conditions, and that instructs the Development Officer to:
a.
issue a development permit incorporating any specific development standards set forth by Council in
accordance with this bylaw, where the development will comply with the standards of this bylaw,
subject to the limitations of Section 56 of the Act and advising the applicant of any right to appeal; or
b.
issue a development permit incorporating any specific development standards set forth by Council in
accordance with this bylaw, where the applicant submits an amended application so that the
development will comply with the standards of this bylaw, subject to the limitations of Section 56 of
the Act and advising the applicant of any right to appeal; or
c.
issue a notice of refusal to the applicant, stating the reasons for the refusal, and advising the applicant
of any right of appeal.
3.8
General Discretionary Use Evaluation Criteria
In the assessment of the suitability of an application for a discretionary use or discretionary form of development,
Council will apply the following general criteria and where applicable any additional provisions as provided in Sections
4 and 5 of this bylaw:
3-4
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.
3 - Administration
3.4
Referral to Council
The Development Officer may submit any application to Council for a decision on the interpretation of this bylaw, or
upon special conditions provided for in this bylaw, and shall inform the applicant of the date and time when Council
will consider the matter. Council or the Development Officer may require the applicant to provide further information
necessary to render a decision.
3.5
Development Permit Application Process
1.
An application for a development permit shall be submitted to the Development Officer pursuant to Section
3.3.
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.
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.
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.
5.
The Development Officer may revoke a development permit where the development permit has been issued
in error; or 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. The development permit shall not be reissued or reinstated until all deficiencies have been corrected.
6.
The Development Officer shall give the reasons for denying or revoking a development permit.
3.6
Development Agreements
1.
A proponent maybe required to enter into an agreement for a development to undertake all or any of the
following:
a.
to construct or pay for the construction of a road required to give access to the development;
b.
to construct or pay for the construction of any required pedestrian facilities;
c.
to install or pay for the installation of public utilities, other than telecommunications systems or
works, that are necessary to serve the development;
d.
to construct or pay for the construction of off-street parking, loading or unloading facilities;
e.
to carry out landscaping of the site which may include the retention and/or planting of trees, the
construction of an earth berm, or other form of screening; or
f.
such other work or things as the Development Officer or Council considers necessary or advisable
having regard to the nature of the proposed development.
2.
An irrevocable letter of credit, cash, certified cheque, or other security may be required in such sum specified,
as the Development Officer or Council deems appropriate to ensure the applicant compiles with the terms
and conditions of a Development Agreement.
3.
To ensure compliance with a Development Agreement, the Town may register the agreement as an interest
on the title of the property that is being developed. This interest shall be discharged when the obligations to
be assumed by the applicant under the agreement have been fulfilled.
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Town of Naicam
2.
Where Council has approved a discretionary use for a limited time as provided in the bylaw, and that time has
expired, that use of land or use of buildings on that property shall cease until Council gives a new
discretionary use approval and a new development permit is issued.
3.11 Development Appeals
1.
A Development Appeals Board of the Town of Naicam shall be appointed by Council in accordance with
Sections 213 to 227 of the Act.
2.
Where an application for a permitted use has been refused, the applicant shall be advised of the right of
appeal to the Development Appeals Board of the Town of Naicam.
3.
Where an application for a discretionary use has been approved by Council, with prescribed development
standards pursuant to this bylaw, the applicant shall be advised that any development standards considered
excessive, may be appealed to the Development Appeals Board of the Town of Naicam.
4.
Where an application for a discretionary use has been refused by Council, the applicant shall be advised that
there is no appeal pursuant to Section 219(2) of the Act.
5.
A person who wishes to appeal to the Development Appeals Board shall, within 30 days of receiving the
permit or refusal, file a written notice of intention to appeal with the secretary of the Board, together with an
application fee of $50.00.
6.
The Development Appeals Board has the powers given by the Act to allow variances to the standards on this
bylaw, including standards and conditions specified for a permitted use or a discretionary use.
7.
Nothing in this section allows a Development Appeals Board to vary a refusal to grant a use or an appeal for a
use or intensity of use not permitted in a zoning district.
8.
An application for a Development Permit for a permitted use shall be deemed to be refused when the
Development Officer has not issued a decision within 40 days after the receipt of the application in its
complete and final form by the Development Officer. An appeal may be made as though the application had
been refused at the end of 40 days.
3.12 Development Permit Fee
An applicant seeking approval of a development permit application shall pay to the Municipality a fee of $50.00.
3.13 Discretionary Use Application Fee
An applicant seeking approval of a discretionary use approval shall pay to the Municipality a fee of $200.00. The
application fee relates to application for both discretionary use approval and issuance of a development permit.
3.14 Zoning Amendment Application Fee
3-6
1.
An applicant requesting Council to amend the Official Community Plan, or this bylaw shall pay to the
Municipality a fee of $200.00 plus the costs associated with the public advertisement and providing written
notice of the proposed amendment, pursuant to the requirements of Part X of the Act.
3 - Administration
4.
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 to ensure no adverse parking or access effects occur.
5.
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.
6.
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.
7.
All operations shall comply with all applicable provincial or federal requirements which govern their operation
and development.
8.
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 rather than local residential streets.
3.9
Discretionary Use Terms and Conditions
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:
1.
site drainage of storm water;
2.
the location of buildings with respect to buildings on adjacent property;
3.
access to, number and location of parking and loading facilities including adequate access and circulation for
pedestrian and vehicle traffic;
4.
vehicle access and egress points shall be provided in suitable locations to minimize traffic congestion and
hazards;
5.
appropriate space for vehicle line ups for drive through commercial facilities to reduce disruption of traffic
flows on adjacent roadways;
6.
control of noise, glare, dust, refuse litter and odour;
7.
landscaping, screening and fencing, and preservation of existing vegetation to buffer adjacent properties;
8.
the size, shape and arrangement of buildings, and the placement and arrangement of lighting and signs;
9.
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
10. intensity of use.
3.10 Limitations on Discretionary Use Approvals
1.
A new discretionary use approval is required from Council where Council has previously approved a
discretionary use, or a specific discretionary intensity of use and:
a.
the use ceased and was replaced by another use;
b.
the use ceased for a twelve (12) month period or more;
c.
the use is not started within six (6) months of completion of the building required for the approved
use;
d.
a use requiring construction of a building is not started within twelve (12) months; or
e.
the applicant applies to increase the specifically approved intensity of use.
3-5
3 - Administration
2.
Council may require a Concept Plan to be completed prior to consideration of an application by any person
proposing to rezone, subdivide, or re-subdivide land for multi-parcel residential, commercial or industrial
purposes. The Concept Plan must be prepared in accordance with the Official Community Plan. Council shall
not consider any development application until all required information has been received. The responsibility
for undertaking all technical investigations and hosting public meetings as required shall be borne solely by the
applicant.
3.
Council may undertake any additional public consultations that it considers desirable respecting a proposed
amendment to an Official Community Plan or Zoning Bylaw, at its own cost.
3.15 Minor Variances
1.
The Development Officer may vary the requirements of this bylaw in accordance with Section 60 of the Act
and subject to the following conditions:
a.
a minor variance may be granted for variation only of:
i. the minimum required distance of a building from the site line; and
ii. the minimum required distance of a building to any other building on the site;
b.
the maximum amount of minor variance shall not exceed a 10% variation of the requirements of this
bylaw;
c.
the development shall conform to all other requirements of this bylaw;
d.
the relaxation of this bylaw shall not injuriously affect neighbouring properties;
e.
no minor variance shall be granted for a discretionary use, a discretionary form of development or
relating to an agreement to rezoning entered pursuant to Section 69 of the Act.
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 of $50.00.
3.
On receipt of an application for minor variance, the Development Officer may:
a.
approve the minor variance;
b.
approve the minor variance and impose terms and conditions on the approval; or
c.
refuse the minor variance.
4.
Where an application for a minor variance is refused, the Development Officer shall notify the applicant in
writing of the refusal and provide reasons for the refusal.
5.
The Development Officer shall maintain a registry of the location and all relevant details of the granting of
such variances.
3.16 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 to achieve bylaw compliance.
2.
Any person who violates this bylaw is guilty of an offence and liable upon summary conviction, to penalties
and subject to an order as stated in Section 243 of the Act.
3-7
Town of Naicam
b.
the developer and the condominium corporation shall be responsible for the construction,
maintenance, repair, and replacement of all such roads and utility services within the condominium
plan or bare land condominium plan.
4.7
Building to Be Moved
1.
No building shall be moved within or into the Town of Naicam without the issuance of a development permit,
unless otherwise exempted in this bylaw, subject to the standards required for new construction and
obtaining any other required municipal or provincial permit.
2.
Prior to any building being moved within or into the Town, the applicant shall:
a.
obtain a satisfactory municipal building inspector's report;
b.
enter into a development and servicing agreement when, in the sole opinion of the Town, the water
and sanitary sewer connections, asphalt pavement, or curb and sidewalk need to be replaced or
repaired;
c.
provide a deposit to the municipality for any damages to Town infrastructure; and
d.
pay all required fees.
4.8
Demolition of Buildings
4-2
1.
Any person wishing to demolish a building is required to submit a completed demolition permit application,
and a plan to the Development Officer.
2.
The applicant will be responsible for:
a.
payment of any taxes, fees or charges owing to the Town against the subject property;
b.
capping off any water and sewer connections in a manner required by the Town;
c.
the replacement of any boulevard trees that are damaged or cut down to affect the demolition or
removal of a structure or building from the site;
d.
removal of all building, structural, ,and foundation materials or debris from the site to a suitable landfill.
The applicant shall keep sidewalks and public roadways clear of dirt and debris;
e.
fencing off of the demolition and excavation area to protect against any safety hazard on the site until
the excavation is filled in and the site is properly levelled;
f.
dust mitigation resulting from demolition and excavation activities;
g.
filling in of the excavation area with suitable fill material within a reasonable period of time,
contingent upon weather conditions;
h.
levelling of site to provide for proper drainage;
i.
replacement, at the applicant's expense, of any sidewalk, curb and gutter, fire hydrants, and water and
sewer lines damaged as a result of the said demolition or removal of the building or structure from the
site; and
j.
notification to public utility authorities so they may disconnect said utilities from the structure or
building prior to its demolition or removal and to assist with moving the utility service to help effect
the demolition or removal of the structure or building.
3.
Where a development permit is to be approved for the demolition of a building, the Development Officer may
require the applicant to provide a letter of credit or cash deposit to cover costs of reclamation and damage to
public facilities and to carry sufficient comprehensive liability insurance naming the Town as an insured party
in all public liability policies.
Town of Naicam
4
GENERAL REGULATIONS
4.1
Licences, Permits and Compliance with Other Bylaws and Legislation
1.
Development must comply with the provisions of this bylaw, whether or not a permit has been issued for the
development.
2.
Nothing in this bylaw shall exempt any person from complying with the requirement of any other municipal,
provincial or federal regulations and from obtaining any licence, permission, permit, authorization or approval
required by such requirements or regulations. Where provisions in this bylaw conflict with those of any other
municipal, provincial or federal requirements; the higher or more stringent regulations shall prevail.
4.2
Non-Conforming Buildings, Uses and Sites
1.
The provisions of the Act, Sections 88 to 93 inclusive, shall apply to all non-conforming buildings, uses and
sites.
2.
No existing building, site or use shall be deemed to be non-conforming by reason only of the conversion
between the Imperial System of Measurement and the International System of Units (S.I.) where such non
conformity results solely from such conversion and is reasonably equivalent to the S.I. standard herein
established.
4.3
Frontage on Road
No development permit shall be issued unless the site intended to be used, or upon which a building or structure is to
be erected, abuts or has frontage on and access to an existing public road.
4.4
Building Lines
Where a building line in a residential district has been established by existing buildings in a block having at least one
half the lots built upon, the front yard requirement for the applicable zoning district will be the existing building line.
4.5
Number of Principal Buildings Permitted on a Site
Only one principal use shall be established and only one principal building shall be placed on a site except for dwelling
groups, shopping centres, community centres, care facilities, industrial complexes, recreation facilities, schools,
hospitals or public works.
4.6
Condominium and Bare Land Condominium Plans
1.
In the event of subdivision by a condominium or bare land condominium plan, development shall be treated as
a multi-unit development and shall comply with development setbacks for the front, rear, and side yards as
specified in the appropriate land use district.
2.
The Town's road and utility servicing standards may be relaxed within the boundaries of a proposed
development that will be registered by a condominium or bare land condominium plan, provided that:
a.
adequate fire access, legal road access, and municipal servicing are provided and maintained to the
satisfaction of the Development Officer or Council; and
4-1
Town of Naicam
4.12 Servicing
1.
Holding tanks, septic tanks and wells are not permitted in the areas of the Town which can be serviceable
from existing municipal water and sewer lines.
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.
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.
4.13 Development on Hazard Lands
1.
Where a proposed development or subdivision is to be located on potential hazard lands, the applicant shall
submit a professional report prepared and approved by a professional engineer registered to practice in
Saskatchewan. The report shall assess the geotechnical suitability of the site for development, susceptibility to
flooding, including topographical surveys to delineate the flood hazard line, or other environmental hazards,
together with any required mitigation measures.
2.
Actions identified in a report prepared pursuant to Section 4.13.1 for prevention, change, mitigation or
remedy may be incorporated as conditions to issuance of any development permit that may be issued.
4.14 Required Yards and Open Space
1.
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.
2.
The following projections in required yards are permitted subject to the setback or construction requirements
of the National Building Code:
a.
in any front or rear yard, a maximum projection from the main wall of 2.0 m for open balconies, open
porches, decks, raised patios, open steps, fire escapes, lighting fixtures, or lamp posts;
b.
in any side yard, the construction of an open deck not closer than 0.5 m from the side lot line;
c.
in any yard, construction of a chimney, sill, cornice roof overhang, or gutters, projecting not more than
0.7 m from the main wall; or
d.
in any yard, the construction of ramps to the main floor level, handrails, uncovered driveways or
walkways.
3.
For semi-detached or multiple unit dwellings, no side yard shall be required where dwelling units share a
common party wall.
4.
In commercial and industrial districts:
a.
The sale or demonstration of goods in the form of a building or structure, whether temporary or
permanent, shall comply with yard requirements.
b.
The sale or demonstration of goods, or signs, whether temporary, permanent, shall not occupy a
required parking stall, loading space or access aisle.
4.15 Height Exemptions
Any height limitations or regulations shall not apply to the following chimneys, flagpoles, spires, cupolas, television
antennas, or other appurtenances usually required to be placed above the roof level, and not intended for human
occupancy.
4-4
4 - General Regulations
4.9
Grading and Levelling of Sites
1.
A lot of drainage plan prepared by a licensed professional engineer may be required to support a development
or subdivision.
2.
Any area requiring landscaping and/or re-contouring shall be done so that the finished grade does not direct
surface drainage or cause the impounding of drainage on adjoining land unless approved by the Town.
3.
The storm water run-off and sub-surface drainage of all development shall be in a manner acceptable to the
Town.
4.
The storm water run-off and sub-surface drainage, including the discharge of sump pumps, of all new
development and existing development shall not directly discharge or cause any flows across a sidewalk or
into the Town's sanitary sewer system, and shall not discharge into an adjacent property.
5.
All roof drainage from any building shall be directed onto the front or rear of the parcel upon which such
building is situated by means of eaves troughs and downspouts, or other suitable means, to the satisfaction of
the Town.
6.
Where the final site grades have been established through a development agreement or engineered drawings,
the Town may require the applicant to provide as built record drawings verifying the final elevations of the
corners of the property and the front and rear elevations and locations for all buildings.
7.
The owner of a site shall be responsible to ensure that grading is maintained to continue to provide effective
site drainage.
8.
Where maintenance of a common drainage path at property line is required, the responsibility for
maintenance lies with the owners of both sites.
9.
Where a drainage swale is established within an easement/right-of-way on a site, swale grades shall be
maintained, and the swale shall be kept free from any obstructions by the owner of the site.
10. Retaining walls shall be designed and constructed to:
a.
maintain positive overland drainage on all portions of the site;
b.
respect overland drainage patterns established for the lot at the time the lot was created; and
c.
not divert overland drainage onto adjacent properties.
4.10 Water
No development or use of land shall be permitted where the proposal will adversely affect domestic and municipal
water supplies, or where a suitable, potable water supply cannot be furnished to the requirements of the
Saskatchewan Health Authority and the Water Security Agency.
4.11 Waste Disposal
No liquid, solid, or gaseous wastes shall be allowed to be discharged into any stream, creek, river, lake, slough,
intermittent drainage channel or other body of water, onto or beneath the surface of any land, or into the air as per all
Acts and Regulations related to the storage, handling and disposal of any waste material.
4-3
Town of Naicam
4-6
9.
Unless otherwise stated, the height of an accessory building or structure shall not to exceed the height of the
principal building.
10. In a residential district, the side walls of an accessory building cannot exceed 3.7 m from grade level measured
to the underside of the eaves. The maximum height allowed is a discretionary decision of Council, depending
on the location of the structure and the effect of the neighbourhood aesthetics.
11. All roof drainage shall be directed by means of eaves troughs, drain spouts, or such other suitable means onto
the property where the accessory building is located.
12. Where an accessory building is allowed to be located over a sewer or water line it shall be a condition of such
approval that:
a.
the owner provides at their expense an agreement registered by an interest on the title to the site,
releasing the Town from, and agreeing to indemnify the Town of, any damage to such service lines or
buildings on or adjacent to the site; and
b.
an accessory building shall not enclose the service valves or shut off valves of that line.
13. Private garages and carports:
a.
Private garages, carports, and accessory buildings attached to a principal building by a substantial roof
structure shall be considered as part of the principal building and subject to the regulations governing
the principal building.
b.
On any site in any residential district, only one (1) carport or detached private garage not exceeding
140 m2 in area is permitted.
14. Portable garages shall:
a.
be prefabricated and consist of a tubular metal frame covered with a flame-resistant fabric or film;
b.
not be connected to any utilities;
c.
only be permitted on a parcel occupied by a single detached dwelling, semi-detached dwelling, duplex
or mobile home;
d.
be considered an accessory building and is subject to the applicable standards defined within this
bylaw for accessory buildings;
e.
not exceed 26 m2 in area;
f.
not be permitted within any required front yard;
g.
be limited to one (1) per parcel;
h.
be securely anchored to the ground and must not be fastened to any public utility equipment;
i.
be used solely for the storage of non-combustible objects;
j.
be constructed and oriented in such a manner that falling snow and ice remains on the owner's
property; and
k.
be maintained in a good state of repair. Should the portable garage become torn or unsightly or if
there is damage to its factory-made tubular metal frame it shall be required to be removed from the
site.
15. Containers, shipping containers, sea cans or dry boxes:
a.
Containers, shipping containers, sea can, or dry box shall:
i.
not be permitted within the R - Residential, MH - Mobile Home Residential, or C1 -
Downtown Commercial districts;
ii.
only be permitted to be used as storage when containers are a permitted or discretionary
use within the district that the container is located;
iii.
have the size and number of containers permitted on a parcel be at the discretion of
Council;
iv.
not be considered principal building in any district;
4 - General Regulations
4.16 Outdoor Storage
1.
In any residential zoning district:
a.
No front yard shall be used for the storage of unlicensed or uninsured motor vehicles or of materials
or goods of any type.
b.
Only one (1) unlicensed or uninsured motor vehicles may be stored outdoors.
c.
Outside storage of partially dismantled or inoperative motor vehicles is not permitted.
d.
No yard or portion thereof shall be used for the storage of machinery not normally used for the
maintenance of the residential property.
e.
No yard shall be used for storage or collection of hazardous material.
f.
No person shall allow any excavation or any storage or piling up of materials required during the
construction stage, unless all necessary safety measures are undertaken, and a development permit
has been issued by the Development Officer. The owner of such materials or excavations assumes full
responsibility to ensure the situation does not prevail any longer than necessary to complete a
particular stage of construction work and:
i.
a temporary fence shall be erected around all excavations which in the opinion of the
approving Development Officer may be dangerous to public safety;
ii. it shall be the responsibility of the applicant to restore the worked area to a level and
condition as required by the Development Officer; and
iii. all topsoil shall be retained on the parcel, except where it must be removed for building
purposes.
2.
Where permitted in association with any approved commercial or industrial land use, all outdoor storage is
subject to the following requirements:
a.
No outdoor storage shall be permitted in the front yard of the lot, except for the customary display of
any goods permitted to be sold on the site.
b.
Outdoor storage in a side or rear yard shall be fenced.
c.
Where the lot abuts a residential lot without an intervening street or lane, the storage area shall be
screened with a solid fence or hedge at least 2.0 m in height.
4.17 Accessory Buildings and Structures
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.
2.
No person shall use or permit an accessory building to be used for human occupancy, except those approved
for use as a garage suite or garden suite.
3.
Except as otherwise provided in this bylaw, accessory buildings shall comply with the yard requirements for a
principal building.
4.
An accessory building or use shall be located at least 1.8 m from any principal building.
5.
An accessory building or structure shall not be in a front yard.
6.
Accessory buildings shall be located not less than 1.5 m from the side lot line.
7.
No door that could give access for a vehicle to an accessory building, whether attached to the principal
building or not, shall be less than 4.5 m from the street to which it gives direct access, or less than 1.5 m to a
lane to which it gives direct access.
8.
An accessory building of 9.3 m2 in area or less is not subject to setback requirements if they are located
completely in the rear of the lot.
4-5
Town of Naicam
4.20 Lighting
1.
The intent of Section 4.20 is to encourage lighting practices and systems that minimize light pollution, glare,
and light trespass into neighbouring properties, while maintaining nighttime, on-site safety and security during
evening operation hours. The following regulations shall apply to outdoor lighting:
a.
all developments shall use outdoor light fixtures that direct the light downward;
b.
the source of illumination shall be of a light source that the applicant can demonstrate to the
satisfaction of the Development Officer, is required for the lot;
c.
direct glare shall not be visible to adjacent buildings or nearby land or be perceptible to persons
operating motor vehicles on public roadways; and
d.
flickering and flashing lights are prohibited, excluding seasonal lighting of a temporary nature.
2.
As a condition of development permit approval, the Development Officer may require a lot lighting plan,
prepared by a qualified professional, which will contain one (1) or more of the following:
a.
a description of each proposed light fixture including details regarding lamp type reflectors, optics,
angle cut off, lumen outputs, proposed installation height, and shielding accessories;
b.
a plan of the lot and surrounding area, which shows the location of all light fixtures;
c.
foundation details for light poles; or
d.
description of any measures taken to shield direct glare onto adjacent properties.
4.21 Driveways
In all residential districts, driveways located in the front yard will not occupy more 65% of the frontage.
4.22 Off-Street Parking and Loading
4-8
1.
Off-street parking shall be provided in accordance with Table 4-1 below, and associated regulations. Except
where specifically noted, all floor areas represent gross floor areas.
2.
When the calculation of parking requirements results in a fractional required parking space, this fractional
requirement shall be rounded up to the next whole number.
3.
In residential districts, off-street parking spaces shall be located on the same site as the principal building or
use.
4.
In commercial or industrial districts, required off-street parking spaces may be located on a remote site within
150 m 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 than the land remains as a required parking lot in accordance with
Section 235 of the Act. The owner shall provide the Town with a copy of the registration of said interest.
5.
Pursuant to Section 61 of the Act, Council may exempt any applicant for a use in the commercial district from
the requirement of providing off-street parking spaces, where in lieu thereof, the applicant pays or contracts
to pay the Municipality the sum of money calculated by multiplying the number of off-street parking spaces
that would otherwise be required to provide by $1,000.00.
4 - General Regulations
v.
not be connected to any utilities;
vi.
not be stacked;
vii. be used for storage purposes only, excluding any dangerous or hazardous materials;
viii. have an exterior finish that matches or compliments the exterior finish of the principal
building;
ix.
be screened from view to the satisfaction of the Development Officer or Council;
x.
not eliminate or interfere with parking, loading, or the maneuvering of vehicles or
pedestrians on the site; and
xi.
not interfere with vehicle or pedestrian sight lines.
b.
Council may, at its sole discretion, issue a permit for the temporary placement of a container on a
residential site:
i.
during renovations or construction on the property for which a valid building permit has
been issued; or
ii.
during the period of a residential move if such a container is part of a moving van system.
c.
The temporary permit shall be valid for up to three (3) months and may be extended and additional
three (3) months at the discretion of the Development Officer.
d.
The temporary container may be placed in the front, side, or rear yard, and must be neatly placed on
the property according to a site plan that is approved by Council, provided that the container is
located within the required accessory building setbacks.
16. Private swimming pools:
a.
Private swimming pools are regulated by Bylaw No. 11-1990, as may be amended from time to time.
b.
Private swimming pools shall be permitted in all residential districts.
c.
Private swimming pools shall not be located in any required front yard.
4.18 Fences
1.
Fences are regulated by Bylaw No. 03-2014, as may be amended from time to time.
2.
No person shall construct a fence or wall or permit a hedge to grow on or over public property.
3.
The height of fences and hedges shall be measured from grade.
4.
The Town may require screening in the form of fences, hedges, landscaped berms or other means along the
property lines of all commercial and industrial parcels where such property lines are adjacent to a residential
use or are adjacent to lanes or roads that abut a neighbouring residential parcel.
4.19 Sight Triangles
1.
Visibility at intersections and sight triangles are regulated by Bylaw No. 03-2014, as may be amended from
time to time.
2.
Notwithstanding anything in this bylaw, where any public street crosses a railway at the same grade, no
building or structure shall be erected within 46 m of the point of intersection of the centre line of both the
railway and the street.
4-7
(
Town of Naicam
Community Service & Recreational
Daycare centre, preschool
Elementary school
Fitness centre
High school, private school, other
educational facility
1 space / 20 m2 of floor area
1 space / classroom
1 space / 30 m2 of floor area
4 spaces / classroom
Ice rink, curling rink, outdoor playing
fields, arena
2 spaces/ sheet of ice or playing field plus 1 space/ 10 fixed
seats
Library, museum, cultural institution
Lodge, fraternal organization, social
or private club
Park or playground
1 space / 37 m2 of floor area
1 space / 37 m2 of floor area
No requirement
Place of worship, auditorium,
community centre
3 spaces / 10 fixed seats or 1 space / 25 m2 of floor area,
whichever is greater
Public works
No requirement
Special care, residential care, nursing
home
1 space / 4 client beds
All other uses
1 space/ 30 m2
7.
Each parking space shall have dimensions of
not less than 2.8 m by 5.0 m. Parking spaces
for disabled persons shall provide a minimum
width of 3.9 m and minimum depth of 6.0 m.
A
B
C
D
8.
In any commercial or industrial district, where
the use of a building or site involves the
receipt, distribution or dispatch of materials,
goods or merchandise from vehicles, adequate
space for such vehicles to stand during
loading or unloading shall be provided on the
site in conformity with the following schedule
as shown in Table 4-2.
ParnigAngle
StallWillh
StallDeplh
Overall Depth
Tr.M!ll.ane
9.
All off-street loading spaces shall be located
on the site and be of a sufficient size so that
there is no interference with vehicular traffic
on a public roadway.
4-10
301JqrM&
45Decnes
60llepNI
90Dacraes
2.80m
5.0m
13.Sm
3.Sm
2.80m
5.7m
15.4m
4.0m
2.80m
6.0m
175m
5.Sm
2.llOm
5.Sm
18.0m
7.0m
Figure4-1
Parking Space Dimensions
4 - General Regulations
Table4-1
Off Street Parking
Land Use
Parking Spaces
(Minimum)
Residential
Dwelling unit
Home based business
Bed and breakfast homes
Secondary, garden or garage suite
Short-term rental property
Commercial
Convenience store
Financial institution
Funeral home
Health care clinic
Hotel, motel
Lounge, beverage room, night club
Office
Personal service establishment
Retail store, shopping centre (entire
area)
Restaurant
Theatre, hall
All other commercial uses
Industrial
Automobile, other vehicle sales and
service, service stations
Repair service establishment
Veterinary clinic
All other industrial uses
1 space / unit
1 space / non-resident employee
1 space / guest room
1 space / suite
1 space / unit
1 space / 28 m2 of floor area
1 space / 28 m2 of floor area
1 space / 10 fixed seats in main assembly area or if no fixed
seating 1 space/ 10 m2 of floor area in the main assembly area
1 space / 28 m2 of floor area
1 space / guest room or motel unit
1 space i 4 patron seats or 1 space / 10 m2 of floor area
1 space / 28 m2 of floor area
1 space / 28 m2 of floor area
1 space / 28 m2 of floor area
1 space / 4 patron seats
1 space / 10 fixed seats or 1 space / 20 m2 of floor area
1 space / 28 m2 of floor area
1 space / 28 m2 of floor area
1 space / 28 m2 of floor area
1 space / 28 m2 of floor area
1 space / 50 m2 of floor area
4-9
Town of Naicam
2.
The owner of said encroaching structure or improvement shall be solely responsible for repairs and/or
replacement necessitated due to utility or municipal operations.
3.
The owner of any encroaching structure shall maintain the said structure in a reasonable state of repair at all
times.
4.
In determining reasonable encroachments, the Development Officer shall have due regard to policies and
procedures as adopted by resolution of Council.
5.
The owner of such encroaching structures or improvements may be required to enter into an encroachment
agreement in a form satisfactory to Development Officer, respecting the said encroachment.
6.
The owner of such encroaching structure must obtain approval from the Town prior to installing any
improvement.
4.25 Environmental Site Assessment
1.
The Town may require an applicant to conduct an environmental site assessment and submit an
environmental site assessment report as part of a development permit application, an application to amend
this bylaw, an application for subdivision approval, or an application to amend a statutory plan, to ensure that
the current environmental condition and/or past use of the site has not created an environmental condition
on site, such as contamination, which renders the site unsuitable for the intended use(s). The environmental
site assessment report shall contain:
a.
a history of the subject property's ownership and use;
b.
a description of the natural environment and social environment surrounding the subject property
which may be sensitive to contamination;
c.
ari inventory of all hazardous materials that may have been handled or stored on the subject property,
including a review of on and off-site disposal operations and facilities;
d.
documentation of the existence, location and use of above and underground storage tanks and other
related facilities;
e.
a history of environmental regulatory activity affecting the subject property;
f.
a review of the condition and use of adjoining properties;
g.
a completed sampling program to determine type and level of contamination of soil, groundwater,
surface water, site facilities, etc.;
h.
a determination of the extent of contamination; and
i.
a comprehensive site and areas map noting the locations of natural and built features and other
elements of the site assessment as noted above.
2.
The environmental site assessment may be referred to Ministry of Environment for comment and
recommendations.
3.
The Town may use the recommendations of the environmental site assessment report as a basis for:
4-12
a.
reasons to refuse or approve, with or without conditions, a development permit;
b.
reasons to amend or refuse an amendment to this bylaw;
c.
comments to the subdivision approving authority in recommending to approve, approve with
conditions, or refuse an application for subdivision;
d.
reasons to approve or refuse an application to adopt or amend a statutory plan.
4 - General Regulations
Table4-2
Off-Street Loading Area
Gross Floor Area
Loading Parking Required
(Minimum)
100 m2 to 1,500 m2
1,501 m2 to 3,000 m2
Over 3,001 m2
4.23 Signs
1 loading space
2 loading spaces
2 loading spaces plus 1 for each 6,000 m2 (or part there of over
3,000 m2)
All signs shall be subject to the following regulations:
1.
Temporary election signs, and temporary signs bearing notice of sale or lease or other information relating to a
temporary condition affecting the property, are permitted.
2.
Signs shall not be located in sight triangles for intersections or driveways or in such a manner that they
visually obstruct sight triangles or otherwise jeopardize public safety.
3.
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.
4.
On any lot in any residential district, signs may be erected as follows:
a.
Only one (1) permanent sign is permitted on any lot or building.
b.
The maximum facial area of any sign is 0.4 m2-
c.
Home based businesses are permitted one (1) additional sign, up to 1.0 m2, showing the name of the
home based business.
d.
Personal service establishments are permitted one (1) additional sign, up to 1.0 m2, showing the name
of the business.
e.
Bed and breakfast homes are permitted one (1) additional sign, up to 0.4 m2, showing the name of the
bed and breakfast.
f.
Multiple unit dwellings are permitted one (1) additional sign, up to 1.0 m2, showing the name of the
building.
5.
In all other zoning districts, the following regulations apply:
a.
Up to two (2) signs may be erected on each lot.
b.
The maximum facial area of a sign is 3.5 m2-
c.
Signs may be double faced.
d.
The maximum height of any sign is 6.0 m.
e.
Illuminated signs 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.
4.24 Developments Encroaching on Town Property
1.
No permanent structure or improvement other than a utility or m_unicipal structure shall be built on or over
Town property with the exception of:
a.
approved private driveways and sidewalks; and
b.
private landscaping, which is reasonable, in the opinion of Development Officer.
4-11
Town of Naicam
5.5 Dwelling Units Attached To, Above or In Rear of Any Other Permitted Use
1.
Dwelling units attached to commercial shall have an entrance separate from that of the commercial
establishment. An emergency exit must be provided in addition to the main entrance.
2.
The minimum floor area for each dwelling unit shall be 45 m2-
3.
Off-street parking shall be provided pursuant to this bylaw.
5.6 Family Child Care Homes
1.
A family childcare home may be developed in a single detached dwelling, subject to The Child Care Act.
2.
The maximum number of childcare spaces shall not exceed ten (10).
3.
The family childcare home shall maintain the single detached character of the property consistent with the
neighbourhood.
4.
A family childcare home shall meet all the regulations for a single detached dwelling as prescribed by this
bylaw.
5.
The operator of the family childcare home shall be a permanent resident of the dwelling.
5.7 Garden and Garage Suites
1.
A garden or garage suite shall only be permitted on a lot with a single-family dwelling backing onto a rear lane.
2.
The garden suite and principal dwelling must be under a common property title.
3.
The gross floor area of the garden suite shall not exceed 80% of the gross floor area of the principal dwelling.
4.
The yard setbacks applied to the principal dwelling shall also apply to the garden suite with the exception that
a 1.6 m rear yard setback shall apply to the garden suite.
5.
The garden suite shall maintain a minimum 4.0 m separation from the principal dwelling.
6.
The height of the garden suite shall not exceed the height of the principal dwelling.
7.
A mobile home shall not be permitted as a garden suite.
8.
Garden suites shall be constructed on grade with no basement.
9.
The garden suite shall include a full bathroom containing a toilet, sink and shower or tub, a kitchen and a
maximum of two (2) bedrooms.
10. Off-street parking shall be provided pursuant to this bylaw.
5.8 Home Based Businesses
5-2
1.
Home based businesses in all residential districts shall be subject to the following:
a.
Home based businesses will be accommodated if they are clearly secondary to the principal
residential use of the dwelling unit, compatible with the surrounding residential area and not of a size
or intensity that would detrimentally affect the use and enjoyment of adjacent and nearby residential
properties.
b.
A home-based business shall be conducted by a full-time resident of the dwelling unit.
c.
Home based businesses shall be conducted entirely within the dwelling unit or accessory building.
d.
Home based businesses shall not occupy more than 25% of the gross floor area of a dwelling unit in
any residential district.
e.
There shall be no exterior display or storage of any merchandise or material relating to the home
based business other than a sign, not exceeding 1.0 m2 in area.
f.
Off-street parking shall be required for a non-resident employee pursuant to this bylaw.
g.
No more than one (1) business vehicle, for which off-street parking is provided, shall be stored on the
site.
Town of Naicam
5
SPECIFIC USE REGULATIONS
5.1 Abattoir
1.
All operations shall comply with all regulations of Ministry of Environment or Ministry of Labour Relations and
Workplace Safety.
2.
In issuing discretionary use approval for an abattoir in the Cl - Downtown Commercial District, Council will
give due consideration of the suitability of the proposed use in the specific location.
3.
Abattoirs in the Cl - Downtown Commercial District:
a.
shall be self-contained within the building; and
b.
shall not be permitted to have holding pens erected outside the building.
5.2 Bed and Breakfast Homes
1.
Bed and breakfast homes shall be in a single detached dwelling used as the operator's principal residence.
2.
Bed and breakfast homes shall be licensed by the Ministry of Health and shall have a fire safety inspection
report issued prior to occupancy as a bed and breakfast home.
3.
In issuing discretionary use approval for a bed a.nd breakfast home, Council may specify the maximum number
and specific location in the dwelling of approved guest rooms. Any increase in number of guest rooms shall
require a new discretionary use approval.
4.
Off-street parking shall be provided pursuant to this bylaw.
5.3 Boarding or Rooming House
1.
Each resident of a boarding or rooming house must be provided with a minimum of 14 m2 of private living
space.
2.
Each resident of a boarding or rooming house must have access to a heated bathroom, and one (1) bathroom
must be provided for each six (6) persons in the house.
5.4 Dwelling Groups
1.
The minimum side yard shall be measured from the closest main wall of the principal building closest to the
side lot line.
2. All principal buildings forming part of the group shall be located at least 3.0 m from any other principal
building in the group.
3.
Dwelling groups should have vehicular access to a public street from at least two (2) points which are
sufficiently separated to provide accessible ingress and egress in case of emergency.
4.
The suitability of a proposal will be considered with respect to:
a.
the capacity of the adjoining street system to handle the expected traffic volumes; and
b.
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.
5.
Council may apply special development standards to reduce conflict with neighbouring uses. These special
development standards may include increase setback requirements, enhanced landscaping and fencing, the
location and screening of parking areas, and the location of vehicular access points.
5-1
(
Town of Naicam
f.
parking areas;
g.
perimeter landscape area;
h.
municipal servicing; and
i.
any other information that the Development Officer deems necessary.
2.
Internal pedestrian walkways shall have a minimum width of 1.5 m and be surfaced to the satisfaction of the
Development Officer.
3.
Roadways within mobile home courts shall be at least 15 m in width, hard-surfaced and self-drained.
4.
As a minimum, 10% of the area of the mobile home court should be set aside as communal open space or
devoted to recreational facilities.
5.
Common storage areas, separate from the mobile home lot, shall be provided for storage of seasonal
recreational equipment not capable of storage on the mobile home lot. Such storage areas shall be screened
and shall have an area of not less than 20 m2 per mobile home lot.
6.
The boundary of a mobile home court must be fully enclosed by a privacy fence 2.0 m in height and shall be
maintained by the mobile home court operator.
7.
Site and yard requirements for mobile homes in the MH - Mobile Home District shall apply to individual
mobile home sites within a mobile home court.
8.
The Public Health Act, 1994 and the Regulations passed there under, shall be complied with in respect to all
other operations and development of the mobile home court.
5.11 Mobile Homes
1.
All mobile homes shall be certified by the manufacturer to comply with CSA-Z240.
2.
Mobile homes considered for approval shall be manufactured not more than 10 years ago.
3.
All mobile homes shall be permanently connected to water and sewer services provided by the Municipality
and permanently connected as available to other public utilities.
4.
All mobile homes shall be skirted from the floor level to ground level and include an accessible, removable
service panel. Skirting shall be factory built with matching exterior finish, or be of durable all-weather
construction and designed in a manner that will complement the exterior of the mobile home.
5.
All mobile homes shall be levelled, blocked, and skirted, and the hitch skirted, within thirty (30) days of being
placed on a lot.
5.12 Modular Homes and Ready-to-Move (RTM) Homes
1.
All modular and RTM homes shall be certified by the manufacturer to comply with CSA-A277.
2.
All modular and RTM homes shall be placed on a permanent foundation at a standard comparable to a single
detached dwelling.
3.
All modular and RTM homes shall be permanently connected to water and sewer services provided by the
Municipality and permanently connected as available to other public utilities.
4.
Modular homes and RTM homes shall have architectural features similar or complimentary to adjacent and
neighbouring homes.
5.13 Multiple Unit Dwellings
5-4
1.
Multiple unit dwellings and shall, where possible, be located on corner lots to facilitate access.
2.
Multiple unit dwellings may be developed where located on a second or higher floor over office, retail,
restaurant, cafe and personal service establishments on the main floor.
3.
The parking required for multiple unit dwellings is additional to the parking required for commercial uses.
5 - Specific Use Regulations
h.
The use shall not create any measurable external nuisance including noise, glare, dust or odour which
would be disruptive to the surrounding residential uses.
i.
The use shall be valid only for the period of time the property is occupied by the applicant for such
use.
j.
All development permits issued for a home-based business shall be subject to the condition that the
development permit may be revoked at any time subject to the provisions of Section 242 of the Act, if
in the opinion of Council, the operation has not met the regulations and standards applicable to home
occupations contained in this bylaw, or the special standards applied at the time of approval.
2.
In addition to Section 5.8.1, home based businesses - type I shall be subject to the following:
a.
The use shall not generate more than four (4) client or business-related visits per day and no more
than 20 client or business-related visits per week.
3.
In addition to Section 5.8.1, home based businesses - type II shall be subject to the following:
a.
No more than two (2) non-resident persons shall be engaged in any home-based business as an
employee or a volunteer on anyone (1) site.
b.
The use shall not generate more than 12 client or business-related visits per day and no more than 60
client or business-related visits per week.
5.9 Medical Marijuana Facility
1.
Medical marijuana facilities shall be limited to parcels designated M - Industrial District.
2.
Medical marijuana facilities shall not be located closer than 150 m to any site being actively used for a
residential dwelling, community or recreation activities, public parks, playgrounds and play areas, daytime
childcare services, libraries and cultural facilities, religious assemblies, or public or private education uses at
the time of the application for the development permit for the medical marijuana facility. For the purposes of
this subsection only the 150 m separation distance shall be measured from the closest point of the subject site
boundary to the closest point of another site boundary, and shall not be measured from district boundaries or
from the edges of structures;
3.
All activities related to the medical marijuana facility shall occur within a fully enclosed stand-alone building,
including but not limited to loading, receiving, and shipping of medical marijuana and any other goods,
materials, and supplies.
4.
There shall be no outdoor storage of goods, material, or supplies.
5.
Garbage containers and waste material shall be contained within an enclosed building.
6.
A copy of the current license for the medical marijuana facility as issued by Health Canada shall be provided to
the Development Officer prior to the operation of the facility.
7.
No use or operation shall cause or create conditions that may be objectionable or dangerous beyond the
building that contains it, such as noise, odour, environmental impacts, heat or brightness of light sources.
5.10 Mobile Home Courts
1.
New mobile home courts shall be required to submit a concept plan for the site and servicing for approval by
the Development Officer. This submission should identify and provide detail regarding dimensions and
treatments for the following:
a.
entire site and individual lots;
b.
vehicular access and egress from the mobile home court and internal roadway system;
c.
walkways;
d.
recreation areas;
e.
storage areas;
5-3
(
Town of Naicam
5.17 Service Stations and Gas Bars
1.
Fuel pumps and accessory equipment including any fuel sales kiosk on a pump island shall be located at least
6.0 m from any street or other property boundary.
2.
Except in the M - Industrial District, all automobile parts, dismantled vehicles and similar articles shall be
stored within a building or visually screened to the satisfaction of the Development Officer.
3.
Where a gas bar is permitted to operate in conjunction with another use on a site, the following standards and
regulations shall apply:
a.
All fuel pumps and above ground storage tanks shall be at least 6.0 m from any building on the site or
any site line.
b.
The site shall have at least two (2) separate entrances for vehicles, at least 15.0 m apart.
5.18 Short-Term Rental Properties
5-6
1.
In issuing discretionary use approval for a short-term rental property, Council will give due consideration of
the following:
a.
the suitability of the proposed use in the specific location;
b.
the impact of the use on the residential character of the neighbourhood; and
c.
the cumulative impact of other discretionary uses on the residential character of an area.
2.
Off-street parking shall be provided pursuant to this bylaw.
5 - Specific Use Regulations
4.
Developments over a height of 13.7 m shall require a sprinkler system.
5.
The suitability of a proposal shall be considered with respect to:
a.
adherence to any concept plan prepared for the proposed development area, including the proposed
location of all forms of multiple unit dwellings;
b.
the locations on major streets and that the development will not cause excessive traffic through
existing low-density residential areas;
c.
the convenience of parking; and
d.
appropriate size and quality of proposed dwelling units.
5.14 Personal Service Establishments
4.
In issuing discretionary use approval for a personal service establishment in a residential district, Council will
give due consideration of the following:
a.
the suitability of the proposed use in the specific location;
b.
the impact of the use on the residential character of the neighbourhood; and
c.
the cumulative impact of other discretionary uses on the residential character of an area.
5.
Off-street parking for personal service establishments shall be provided pursuant to this bylaw.
6.
In a residential district, there shall be no exterior display or storage of any merchandise or material relating to
the business other than a sign, not exceeding 1.0 m2 in area.
5.15 Residential Care Homes
1.
A residential care home may be developed in a single detached dwelling as a principal or ancillary use, subject
to obtaining a provincial license, pursuant to the applicable act under which the home is proposed to operate.
2.
The residential care home shall maintain the single detached character of the property consistent with the
neighbourhood.
3.
A residential care home shall meet all the regulations for a single detached dwelling as prescribed by this
bylaw.
4.
The operator of the residential care home shall be a permanent resident of the dwelling and ensure that
adequate supervision and care is provided at the home at all times.
5.
In issuing discretionary use approval for a residential care home, Council may specify the maximum number of
clients that may be cared for in a residential care home. Any increase in number of clients shall require a new
discretionary use approval.
5.16 Secondary Suites
1.
Secondary suites may be constructed within a single detached dwelling in a residential district.
2.
Only one (1) secondary suite shall be permitted in a single detached dwelling.
3.
Secondary suites shall not exceed 50% of the total floor space area, including basement of the dwelling.
4.
Secondary suites must have a separate entrance from the principal dwelling either from a common indoor
landing or directly from the exterior of the building.
5.
Secondary suites must contain cooking, eating, living, sleeping and private toilet facilities.
6.
Off-street parking shall be provided pursuant to this bylaw.
5-5
)
)
)
)
Town of Naicam
6
ZONING DISTRICTS
6.1 Classification of Zoning Districts
To carry out the purpose and provisions of this bylaw, the Town is divided into the following zoning districts, the
boundaries of which are shown on the "Zoning District Map". Such districts may be referred to by the appropriate
symbols.
Districts
Residential
Mobile Home
Community Service
Commercial, Downtown
Commercial, Highway
Industrial
Future Urban Development
6.2 Zoning District Map
Symbols
R
MH
cs
C1
C2
M
FUD
The map, bearing the statement "This is the Zoning District Map referred to in Bylaw No. 2021-008 adopted by the
Council and signed by the Mayor and Administrator, and under the seal of the Town shall be known as the "Zoning
District Map" and such map is declared to be an integral part of this bylaw.
6.3 Boundaries of Zoning Districts
1.
The boundaries of the districts referred to, together with explanatory legend, notations and reference, are
shown on the map entitled "Zoning District Map".
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 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.
3.
On un-subdivided land, the zoning district boundary shall be determined by the scale shown on the Zoning
District Map.
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 Permitted, Discretionary and Prohibited Uses
Any use that is not designated as a permitted or discretionary use within this bylaw shall be a prohibited use.
6-1
Town of Naicam
5.
Site Regulations for Permitted and Discretionary Uses
Table 7-1
Residential Site Regulations
Use
Single detached
dwelling including
modular or RTM
homes
Semi-detached or
duplex dwelling
(per unit)
Multiple unit
dwelling (per unit)
Dwelling group
(per unit)
. School, hospital,
special care home,
& place of worship
All other uses1
Frontage
(m)
12.0 with lane
15.0 without
lane
8.5 with lane
10.5 without
lane
20.0
15.0
30.0
15.0
Site Area
(m2)
360.0 with lane
450.0 without lane
255.0 with lane
315.0 without lane
600.0 plus 90 m2
for each dwelling
unit in excess of
two (2) on the
ground floor
185.0
930.0
450.0
*All values are minimums unless otherwise stated.
Front
Yard2-3
(m)
7.5
7.5
7.5
7.5
7.5
7.5
Rear
Yard
(m)
7.5
7.5
7.5
7.5
7.5
7.5
Side
Yard
(m)
1.5
1.5
Greater
of 3.5 m
or½ the
wall
height
Greater
of 3.5 m
or½ the
wall
height
Greater
of 3.5 m
or½ the
wall
height
1.5
1.
Recreation, Park or Playground and Public Works uses are exempt from the above noted site regulations.
2.
For corner lots, the minimum flanking yard setback shall be 4.5 m.
Floor
Area
(m2)
70.0
70.0
See Note
4
46.0
3.
Where a use fronts directly onto a provincial highway the front yard setback shall be 45 m from the centerline of the highway.
4.
Bachelor Suite - 28 m2 minimum floor area
1- Bedroom - 50 m2 minimum floor area
2- Bedroom - 70 m2 minimum floor area
6.
Supplementary Regulations
7-2
1.
Council will consider discretionary use applications in accordance with the general discretionary use
evaluation criteria established in Section 3.8 and the specific use regulations established in Section 5 of this
bylaw.
2.
All discretionary uses shall maintain the residential character of the area as much as possible.
3.
Places of worship shall, where possible be, located on corner lots to facilitate access.
Town of Naicam
7
DISTRICT SCH EDU LES
Schedule 1: R - Residential District
1.
Purpose
The purpose of this district is to provide for a variety of residential development in the form of single detached, semi
detached, duplex, and multiple unit dwellings and other compatible uses.
2.
Permitted Uses
3.
4.
a.
Single detached dwelling
b.
Modular home or ready-to-move home
c.
Semi-detached dwelling
d.
Duplex dwelling
e.
Secondary suite
f.
Home based business - type I
g.
Park or playground
h.
Cultural institution
i.
School or educational institution
j.
Public works excluding, offices, warehouses, storage yards and sewage lagoons
Discretionary Uses
a.
Multiple unit dwelling
b.
Double-wide mobile home
C.
Dwelling group
d.
Garden or garage suite
e.
Home based business - type II
f.
Bed and breakfast home
g.
Short-term rental property
h.
Family childcare home
i.
Residential care home
j.
Rooming or boarding house
k.
Special care home
I.
Club
m. Community garden
n.
Daycare centre or preschool
0. Emergency or protective service
p.
Hospital or health care clinic
q.
Personal service establishment
r.
Place of worship
s.
Public recreational facility
t.
Temporary container
Permitted Accessory Uses and Buildings
Uses or buildings excluding industrial or commercial uses which are secondary and subordinate to, and located on the
same lot with the principal permitted or discretionary use shall be permitted subject to Section 4.17.
7-1
Town of Naicam
Schedule 2: MH - Mobile Home District
1.
Purpose
The purpose of this district is to provide for residential development in the form of mobile homes and other
community uses.
2.
Permitted Uses
3.
4.
a.
Mobile home
b.
Mobile home court
c.
Home based business - type I
d.
School or educational institution
e.
Park or playground
f.
Public works excluding office, warehouse, storage yard and sewage lagoon
Discretionary Uses
a.
Community garden
b.
Daycare centre or preschool
C.
Family childcare home
d.
Home based business - type II
e.
Place of worship
f.
Temporary container
Accessory Uses
Uses or buildings excluding industrial or commercial uses which are secondary and subordinate to, and located on the
same lot with the principal permitted or discretionary use shall be permitted subject to Section 4.17.
5.
S1te Regulations for Permitted and Discretionary Uses
Table 7-2
Mobile Home Site Regulations
Use
Mobile home
. Mobile home
court
. All other uses1
I
Frontage
(m)
12.0
15.0
15.0
*All values are minimums unless otherwise stated.
1·
I
-
Site Area
(m2)
360.0
1 ha
450.0
Front
Yard
(m)2
7.5
7.5
7.5
Rear
Yard
(m)
7.5
4.5
7.5
1.
Recreation, Park or Playground and Public Works uses are exempt from the above noted site regulations.
Side
Yard
(m)
1.5
1.5
1.5
Floor
Area
(m2)
75.0
90.01
2.
Where a use fronts directly onto a provincial highway the front yard setback shall be 45 m from the centerline of the highway.
7-4
7 - District Schedules
7.
Additional Parking and Loading Requirements
In residential districts, off-street parking spaces for multiple unit dwellings, hospitals and special care homes shall be
located in a side or rear yard. Parking areas shall be screened if they are adjacent to a lot used for residential purposes.
7-3
Town of Naicam
Schedule 3: CS - Community Service District
1.
Purpose
The purpose of this district is to provide for a range of publicly and privately-owned community services and other
compatible uses.
2.
Permitted Uses
a.
Cemetery
b.
Club
c.
Communication tower
d.
Community centre
e.
Community garden
f.
Cultural institution
g.
Daycare centre or preschool
h.
Emergency or protective service
i.
Farmer's market or farm stand
j.
Hospital or health care clinic
k.
Municipal facility
I.
Park or playground
m. Place of worship
n.
Public work, excluding warehouse, storage yard, and sewage lagoon
o.
Recreational facility
p.
School or educational institution
q.
Special care home including seniors/nursing home
r.
Group care facility
3.
Discretionary Uses
a.
Dwelling unit attached to, above or in the rear of a permitted use
b.
Temporary container
4.
Accessory Uses
Uses or buildings excluding industrial or commercial uses which are secondary and subordinate to, and located on the
same lot with the principal permitted or discretionary use shall be permitted subject to Section 4.17.
5.
Site Regulations for Permitted and Discretionary Uses
Table 7-3
Community Service Site Regulations
Use
All other uses1
Frontage
(m)
6.0
*All values are minimums unless otherwise stated.
Site Area
(m2)
225.0
Front
Yard
(m)z
7.5
Rear
Yard
(m)
7.5
1.
Recreation, Park or Playground and Public Works uses are exempt from the above noted site regulations.
Side
Yard
(m)
3.0
Floor
Area
(m2)
2.
Where a use fronts directly onto a provincial highway the front yard setback shall be 45 m from the centerline of the highway.
7-6
7 - District Schedules
6.
Supplementary Standards
1.
Council will consider discretionary use applications in accordance with the general discretionary use
evaluation criteria established in Section 3.8 and the specific use regulations established in Section 5 of this
bylaw.
2.
All discretionary uses shall maintain the residential character of the district as much as possible.
7-5
Town of Naicam
Schedule 4: C1 - Downtown Commercial District
1.
Purpose
The purpose of this district is to provide for pedestrian-oriented commercial developments offering a wide variety of
goods and services, and other uses which will create an attractive environment for pedestrians, and promote the
downtown core of the municipality.
2.
Permitted Uses
a.
Bakery with retail sales
b.
Bus terminal
c.
Clubs
d.
Community centre
e.
Cultural institution
f.
Daycare centre or preschool
g.
Emergency or protective service
h.
Financial institution
i.
Funeral home
j.
Health care clinic or dental office
k.
Home based business - type I
I.
Hotel or motel
m. Licensed beverage room and other places for the sale and consumption of beer, wine_ and other spirits with or
without food
n.
Municipal facility
o.
Office or office building
p.
Park or playground
q.
Personal service establishment
r.
Place of worship
s.
Public works excluding warehouse, storage yard and sewage lagoon
t.
Recreational facility, not including curling or skating rinks
u.
Restaurant or other place for the sale and consumption of food and related items
v.
Retail store
w. Service station or public garage
x.
Theatre
3.
Discretionary Uses
7-8
a.
Agricultural supply establishment
b.
Automotive and equipment sale, or storage
c.
Communication tower
d.
Container, shipping container, sea can or dry box
e.
Construction trade
f.
Dwelling, multiple unit
g.
Dwelling unit attached to, above or in rear of any other permitted use
h.
Equipment rental
i.
Greenhouse
j.
Home based business - type II
k.
Parking lot
7 - District Schedules
6.
Supplementary Standards
Council will consider discretionary use applications in accordance with the general discretionary use evaluation criteria
established in Section 3.8 and the specific use regulations established in Section 5 of this bylaw.
7-7
Town of Naicam
7.
Additional Parking and Loading Regulations
1.
Parking and loading requirements for permitted and discretionary uses are subject to Section 4.22 in addition
to the requirements found within this district.
2.
Notwithstanding the off-street parking requirements identified in Section 4.22, should the Development
Officer deem it advisable, they may reduce or waive the parking space requirements for proposed
development or redevelopment of a commercial site within this district:
a.
where the configuration of the buildings to be developed and those adjacent buildings is such that the
provision of required parking is not practical; or
b.
where the dimensions or site area are inadequate to reasonably accommodate the proposed development
and required parking.
3.
No parking, loading, storage, trash collection, outdoor service, or display area shall be permitted within a
required front setback. Vehicular parking, loading, storage, and trash collection areas shall be located to the
rear or sides of the principal building and shall be screened from view from any adjacent sites and/or public
roadways. If the rear or sides of a site are used for parking, an outdoor service or display area or both, and
abut a residential district or a lane serving a residential district, such areas shall be screened to reduce the
visual impact on adjacent residential properties.
8.
Outdoor Storage
Outdoor storage is subject to Section 4.16.
7-10
7 - District Schedules
I.
Shopping centre
4.
Accessory Uses
Buildings, structures or uses secondary to and located on the same lot with the principal permitted or discretionary
use shall be considered accessory uses and permitted subject to Section 4.17.
5.
Site Regulations for Permitted and Discretionary Uses
Table 7-4
Downtown Commercial Site Regulations
Use
. Service station
. All other uses1
Frontage
(m)
30.0
7.5
- All values are minimums unless otherwise stated.
Site Area
(m2)
930.0
230.0
Front
Yard
(m)2,3
7.5
Rear
Yard
(m)4
1.
Recreation, Park or Playground and Public Works uses are exempt from the above noted site regulations.
Side
Yard
(m)S
Floor
Area
(m2)
2,500.0
2,500.0
2.
Where a use fronts directly onto a provincial highway the front yard setback shall be 45 m from the centerline of the highway.
3.
The Development Officer may allow building setbacks up to 2.5 m to accommodate street-related activities such as sidewalk cafes,
architectural features, plazas, and landscaping that contribute to a pedestrian oriented shopping character for the central area of Naicam.
The 2.5 m setback shall not be used exclusively for landscaping.
4.
Where the rear site line abuts any residential district without an intervening street or lane, the minimum rear yard shall be 6.0 m.
5.
Where the side site line abuts any residential district without an intervening street or lane, the minimum side yard shall be 1.5 m.
6.
Supplementary Regulations
1.
Council will consider discretionary use applications in accordance with the general discretionary use
evaluation criteria established in Section 3.8 and the specific use regulations established in Section 5 of this
bylaw.
2.
Any business premises or multiple occupancy building having a floor area greater than 1,500 m2 or a single
wall length greater than 25 m visible from a public road shall comply with the following:
a.
the roof line and the building fac;ade shall include design elements that reduce the perceived mass of the
building and add architectural interest; and
b.
landscaping adjacent to exterior walls shall be used to reduce the perceived mass of the building and
provide visual interest.
3.
Where the site is part of a pedestrian-oriented shopping street, the architectural treatment of the building
may include features such as:
a.
placement of windows to allow for viewing in the building by pedestrians;
b.
entrance features;
c.
canopies;
d.
features that lend visual interest and create a human scale; and
e.
on corner sites, the fac;ade treatment shall wrap around the side of the building to provide a consistent
profile to both abutting roadways.
4.
All exposed building faces shall have consistent and harmonious exterior finishing materials.
7-9
Town of Naicam
4.
Accessory Uses
Buildings, structures or uses secondary to and located on the same lot with the principal permitted or discretionary
use shall be considered accessory uses and permitted subject to Section 4.17.
5.
Site Regulations for Permitted and Discretionary Uses
Table 7-5
Highway Commercial Site Regulations
Use
Motor vehicle or agricultural
implement sales
Motel or hotel
Service station or gas bar
All other uses1
- All values are minimums unless otherwise stated.
Frontage
(m)
30.0
30.0
30.0
20.0
Site Area
(m2)
1,100.0
930.0
930.0
730.0
1.
Public Works uses are exempt from the above noted site regulations.
II
Front
Yard
(m)2
15.0
15.0
7.5
7.5
Rear
Yard
(m)
6.0
6.0
6.0
6.0
jl
I
Side
Yard
(m)
3.0
3.0
3.0
3.0
2.
Where a highway commercial use fronts directly onto a provincial highway the front yard setback shall be 45 m from the centerline of the
highway.
6.
Supplementary Regulations
1.
Council will consider discretionary use applications in accordance with the general discretionary use
evaluation criteria established in Section 3.8 and the specific use regulations established in Section 5 of this
bylaw.
2.
Any business premises or multiple occupancy building having a floor area greater than 1,500 m2 or a single
wall length greater than 25 m visible from a public road shall comply with the following:
a.
the roof line and the building fac;ade shall include design elements that reduce the perceived mass of the
building and add architectural interest; and
b.
landscaping adjacent to exterior walls shall be used to reduce the perceived mass of the building and
provide visual interest.
3.
All exposed building faces shall have consistent and harmonious exterior finishing materials.
4.
A permit for development in this district must also be granted by the appropriate provincial department (when
the site is adjacent to a provincial highway).
7.
Outdoor Storage
Outdoor storage is subject to Section 4.16.
7-12
7 - District Schedules
Schedule 5: C2 - Highway Commercial District
1.
Purpose
The purpose of this district is to provide an area for commercial uses and other uses which are compatible with the
area, adjacent to a highway which requires large open areas for parking by clientele, for display of merchandise, or
both, which will create an attractive environment to serve the public.
2.
Permitted Uses
3.
a.
Agricultural implement, motor vehicle, mobile home or recreational vehicle sales, storage or servicing, but not
including auto-body shops
b.
Agricultural supply establishment
C. Automotive and industrial supply store
d.
Bus terminal
e.
Car wash
f.
Construction trade
g.
Convenience store
h.
Greenhouse
i.
Hotel or motel
j.
Lumber yard or home improvement centre
k.
Park or playground
I.
Public works, excluding sewage lagoon
m. Restaurant
n.
Retail store
0.
Service station or gas bar
p.
Tourist information centre
q.
Veterinary clinic
Discretionary Uses
a.
Autobody shop
b.
Bulk fertilizer operation
c.
Bulk fuel operation
d.
Campground
e.
Commercial storage
f.
Communication tower
g.
Container, shipping container, sea can or dry box
h.
Cultural institutions
i.
Funeral home
j.
Licensed beverage room and other places for the sale and consumption of beer, wine and other spirits with or
without food
k.
Light manufacturing
I.
Office or office building
m. Personal service establishment
n.
Place of worship
o.
Warehouse sales
7-11
Town of Naicam
p.
Temporary container
q.
Any uses that are, in the opinion of the Development Officer, similar to the permitted or discretionary uses
and which conform to the general purpose and intent of this district.
4.
Accessory Uses
Buildings, structures or uses secondary to and located on the same lot with the principal permitted or discretionary
use shall be considered accessory uses and permitted subject to Section 4.17.
5.
Site Regulations for Permitted and Discretionary Uses
Table 7-6
Industrial Site Regulations
Use
Frontage
Site Area
Front
Rear
Side
(m)
(m2)
Yard
Yard
Yard
(m)2,3
(m)
(m}
Agricultural implement sales
All other uses1
*All values are minimums unless otherwise stated.
25.0
25.0
5,000.0
1,000.0
1.
Public Works uses are exempt from the above noted site regulations.
7.5
7.5
6.0
6.0
3.0
3.0
2.
Where an industrial use fronts directly onto a provincial highway the front yard setback shall be 45 m from the centerline of the highway.
3.
Council may permit a reduced side and rear yard when:
a.
an existing structure is to be redeveloped for a use permitted by this bylaw;
b.
the structure, in the opinion of Council, is in general good condition and meets the applicable National Building Code
requirements;
c.
an adequate separation such as a buffer or lane separates the subject property from all residential development;
d.
the existing rear and side yards are not less than 0.4 m; and
e.
any expansion of the existing building shall adhere to the current yard requirements.
6.
Supplementary Regulations
1.
Council will consider discretionary use applications in accordance with the general discretionary use
evaluation criteria established in Section 3.8 and the specific use regulations established in Section 5 of this
bylaw.
2.
Industrial developments shall not create significant adverse effect or nuisance such as noise, effluent, odour,
or emissions beyond the boundaries of the properties zoned M - Industrial District.
3. In determining the significance of adverse effects or nuisances of a proposed development on adjacent or
nearby sites, the approving Development Officer may consider the following:
a.
the magnitude of the adverse effect or nuisance;
b.
the extent, frequency, and duration of exposure to the adverse effect or nuisance; and
c.
the use and sensitivity of adjacent or nearby sites relative to the adverse effect or nuisance.
4.
Bulk petroleum tanks and abattoirs are to be located at least 91.4 m from residential areas, schools, hospitals,
hotels, motels and restaurants.
7.
Outdoor Storage
Outdoor storage is subject to Section 4.16.
7-14
7 - District Schedules
Schedule 6: M - Industrial District
1.
Purpose
The purpose of this district is to provide for a variety of general industrial uses including warehousing, manufacturing,
assembling and fabricating activities, and other industrial land uses which may require an outside storage component
necessary to the operation of the business. This district may also contain large scale or specialized operations, where
there are no significant external, objectionable, or dangerous conditions beyond the outer limits of the site.
2.
Permitted Uses
3.
a.
Agricultural implement, motor vehicle, mobile home or recreational vehicle sales, storage or servicing
b.
Agricultural supply establishment
c.
Autobody shop
d.
Car wash
e.
Communication tower
f.
Construction trade
g.
Container, shipping container, sea can or dry box
h.
Commercial storage
i.
Industrial equipment storage, sales and maintenance
j.
Lumber yard or home improvement centre
k.
Manufacturing operation - small scale or light manufacturing
I.
Motor vehicle, farm implement and recreational vehicle sales, storage and servicing
m. Public works, excluding sewage lagoon
n.
Railway and ancillary facilities
o.
Service station
p.
Trucking operation
q.
Veterinary clinic
r.
Warehouse sales and storage yard
s.
Welding shop
t.
Wholesale establishment
Discretionary Uses
a.
Abattoir
b.
Auction market
C.
Bulk fertilizer operation
d.
Bulk fuel operation
e.
Cement plant
f.
Grain elevator
g.
Industrial, general use
h.
Junk yard or auto wrecker
i.
Kennel
j.
Machine shop
k.
Manufacturing operation - large scale
I.
Medical marijuana facility
m. Recycling collection depot
n.
Sand and gravel operation
0.
Seed cleaning plant or feed mill
7-13
Town of Naicam
6.
Supplementary Regulations
Prior to subdivision of a parcel in the FUD - Future Urban Development District, the applicant must apply for an
amendment to the Zoning District Map in compliance with the intended future use as represented on the Future Land
Use Map in the Official Community Plan.
7.
Outdoor Storage
Outdoor storage is subject to Section 4.16.
7-16
7 - District Schedules
Schedule 7: FUD - Future Urban Development District
1.
Purpose
The purpose and intent of this district is to protect lands for future forms of development by restricting premature
subdivision and development of parcels of land and to provide for a limited range of temporary uses that can easily be
removed when the land is re-designated to allow for urban forms of development. The proposed urban development
will be supported by an amending bylaw designating the appropriate districts in conformity with the policies and
provisions of the Official Community Plan and any adopted concept plan for the lands under consideration.
2.
Permitted Uses
3.
4.
a.
Agricultural use which includes crop farming, grazing and pasturage and cultivation of land but does not
include intensive livestock or poultry operations
b.
Home based business - type I
c.
Municipal facility
d.
Public works
Discretionary Uses
a.
Cemetery
b.
Communication tower
C.
Cultural institution
d.
Single detached dwelling
e.
Golf course
f.
Greenhouse
g.
Home based business - type II
h.
Landscaping contractor
i.
Sand and gravel operation
j.
Sports field, park or playground
k.
Temporary container
Accessory Uses
Buildings, structures or uses secondary to and located on the same lot with the principal permitted or discretionary
use shall be considered accessory uses and permitted subject to Section 4.17.
5.
Site Regulations for Permitted and Discretionary Uses
Table 7-7
Future Urban Development Site Regulations
Agricultural
All other uses1
Use
*All values are minimums unless otherwise stated.
Frontage
(m)
25.0
Site Area
(m2)
160,000.0
1,000.0
1.
Public Works uses are exempt from the above noted site regulations.
Front
Yard
(m)2,3
7.5
Rear
Yard
(m)
6.0
Side
Yard
(m)
3.0
7-15
Town of Naicam
8
EFFECTIVE DATE OF THE BYLAW
This bylaw shall come into force on the date of final approval by the Minister of Government Relations, in the
Province of Saskatchewan.
Readings
Introduced and read a first time this
Read a second time this
Read a third time this
day of
day of
day of
, 2021.
, 2021.
, 2021.
Mayor: Roger Hayward
Administrator: Cathy Kavalench
8-1
Town of Naicam
9
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LEGEND
TOWN OF NAICAM
-- .. -- LEGAL LIMITS
ZONING DISTRICT
D
D
D
D
D
D
D
R - RESIDENTIAL
MH - MOBILE HOME
RESIDENTIAL
CS· COMMUNITY SERVICE
C1 - DOWNTOWN
COMMERCIAL
C2 - HIGHWAY COMMERCIAL
M - INDUSTRIAL
FUD - FUTURE URBAN
DEVELOPMENT
THIS IS THE ZONING DISTRICT MAP WHICH ACCOMPANIES
:@ABCDEEFTGOH
WINJOKFLNAICAM
==.------
MAYOR
ADMINISTRATOR
APPROVED ON THE __ DAY OF ______ _
MINISTER OF GOVERN'-ENT RElATIONS
------r----==---
Assocla!l!d
g_c;,"-Englneerlng
.fli==u
NAICAM
AE PROJECT No.
SCALE
APPROVED
DATE
REV
DESCRIPTION
202044=
N.l.S.
J. TAYLOR
2021JUN23
0
KEY MAP
FIGURE1
TOWN OF NAICAM
URBAN PLANNING AND DESIGN
ZONING BYLAW
ZONING DISTRICT MAP
'