Zoning Bylaw No. 763/2000 (Consolidated)

Nipawin, Saskatchewan

This is the exact embedded text of the captured official document. Snapshot f7c106fd87ea · verified 2026-06-13 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

1 Bylaw 765/00 Bylaw 770/01 Bylaw 782/01(see map on back Bylaw 787/02 (see map on back) Bylaw 795/02 Bylaw 802/02 (see map on back) Bylaw 814/04 (see map on back) Bylaw 817/04 Bylaw 818/04 (see map on back) Bylaw 821/04 (see map on back) Bylaw 830/05 Bylaw 831/05 Bylaw 852/06 Bylaw 853/06 Bylaw 858/07 Bylaw 861/07 Bylaw 864/07 Bylaw 874/08 Bylaw 882/08 Bylaw 891/09 Bylaw 894/09 Bylaw 906/10 Bylaw 908/10 Bylaw 909/10 Bylaw 920/11 Bylaw 924/11 Bylaw 925/11 Bylaw 954/13 Bylaw 957/14 Bylaw 962/14 Bylaw 963/14 Bylaw 964/14 Bylaw 966/14 Bylaw 971/14 Bylaw 972/14 Bylaw 973/14 Bylaw 975/14 Bylaw 984/15 Bylaw 990/15 Bylaw 992/15 Bylaw 997/15 Bylaw 1005/16 Bylaw 1012/16 Bylaw 1018/17 Bylaw 1033/18 Bylaw 1037/18 Bylaw 1047/18 Bylaw 1069/19 Bylaw1089/19 Bylaw 1095/20 Bylaw 1112/20 Bylaw 1128/21 Bylaw 1134/21 Bylaw 1154/22 Bylaw 1171/23 Bylaw 1180/25 Bylaw 1194/25 Bylaw 1196/25 Bylaw 1208/25 Amendments incorporated to December 8th, 2025 NIPAWIN ZONING BYLAW (Office Consolidation) 763/2000 Prepared for: Town of Nipawin Prepared by: CROSBY HANNA & ASSOCIATES LANDSCAPE ARCHITECTURE AND PLANNING NO GUARANTEE OF ACCURACY: While every effort has been made to ensure the accuracy of this bylaw on the Town website, it is provided for informational purposes only. The official, certified true copy of the bylaw is available at the Town of Nipawin Civic Office. In the event of a discrepancy, the Certified document takes precedence over this online version. Bylaw 2000/25 2 Saskatoon, SK January 2000 TABLE OF CONTENTS SECTION 1 - INTRODUCTION ................................................................................................ 1 1.1 TITLE ............................................................................................................................ 1 1.2 SCOPE ........................................................................................................................... 1 1.3 SEVERABILITY ........................................................................................................... 1 SECTION 2 - INTERPRETATION ............................................................................................ 2 2.0 DEFINITIONS ................................................................................................................... 2 SECTION 3 - ADMINISTRATION .......................................................................................... 16 3.1 DEVELOPMENT OFFICER ....................................................................................... 16 3.2 DEVELOPMENT PERMIT ......................................................................................... 17 3.3 APPLICATION FOR A DEVELOPMENT PERMIT ................................................. 17 3.4 REVIEW OF APPLICATIONS ................................................................................... 18 3.5 DECISION ................................................................................................................... 18 3.6 DEVELOPMENT APPEALS ...................................................................................... 19 3.7 MINOR VARIANCES ................................................................................................. 19 3.8 FEES AND ADVERTISING ....................................................................................... 20 3.9 OFFENCES AND PENALTIES .................................................................................. 22 3.10 NON-CONFORMING USES AND NON-CONFORMING BUILDINGS ................. 22 SECTION 4 - GENERAL REGULATIONS............................................................................. 23 4.1 LICENCES, PERMITS AND COMPLIANCE WITH OTHER BYLAWS AND LEGISLATION ........................................................................................................... 23 4.2 BUILDING LINES ...................................................................................................... 23 4.3 NUMBER OF PRINCIPAL BUILDINGS PERMITTED ON A SITE ........................ 23 3 4.4 REQUIRED YARDS AND OPEN SPACE ................................................................. 23 4.5 FENCES ....................................................................................................................... 25 4.7 OFF STREET PARKING AND LOADING ................................................................ 27 4.8 SIGNS .......................................................................................................................... 42 4.10 SPECIAL REGULATIONS AND STANDARDS ...................................................... 46 4.11 SERVICING ................................................................................................................ 51 4.12 STORAGE OF MATERIALS AND UNLICENSED OR INOPERATIVE MOTOR VEHICLES IN RESIDENTIAL DISTRICTS .............................................................. 51 4.13 AREAS WITH DEVELOPMENT CONSTRAINTS ................................................... 51 4.14 LANDSCAPE PLANS REQUIRED ............................................................................ 52 4.15 BUILDINGS OR USES OCCUPYING MORE THAN ONE LOT ............................. 53 4.16 EXISTING BUILDINGS-............................................................................................ 53 4.17 FRONTAGE ON ROAD .............................................................................................. 54 4.18 BUILDING TO BE MOVED ....................................................................................... 54 4.19 DEMOLITION OF BUILDINGS ................................................................................ 55 4.20 GRADING AND LEVELLING OF SITES ................................................................. 55 4.21 EXISTING DISCRETIONARY USES PERMITTED ................................................ 55 4.22 ARCHITECTURAL CONTROLS .............................................................................. 55 4.24 ARCHITECTURAL CONTROL OVERLAY ZONING ............................................. 55 4.25 ARCHITECTURAL DESIGN REVIEW COMMITTEE ............................................ 56 SECTION 5 - ZONING DISTRICTS ........................................................................................ 56 5.1 CLASSIFICATION OF ZONING DISTRICTS .......................................................... 56 5.2 THE ZONING DISTRICT MAP ................................................................................. 57 5.3 BOUNDARIES OF ZONING DISTRICTS ................................................................. 57 5.4 ZONING DISTRICTS ................................................................................................. 57 4 SECTION 6 - DISTRICT SCHEDULES .................................................................................. 57 6.1 R1 - RESIDENTIAL DISTRICT (LOW DENSITY RESIDENTIAL) ................................ 57 6.1A.1 R1A - RESIDENTIAL DISTRICT (MEDIUM DENSITY RESIDENTIAL) ................... 61 6.2 R2 - RESIDENTIAL DISTRICT (MODERATE DENSITY RESIDENTIAL) ..................... 65 6.3 R3 - RESIDENTIAL DISTRICT ................................................................................. 70 6.4 R4 - RESIDENTIAL DISTRICT ................................................................................. 76 6.5 R5 - RESIDENTIAL DISTRICT ................................................................................. 79 6.6 R6 - RESIDENTIAL DISTRICT (SPECIAL GORDON SUBDIVISION RESIDENTIAL) .... 83 6.7 CS - COMMUNITY SERVICE DISTRICT ................................................................ 82 6.8 C1 - COMMERCIAL DISTRICT (DOWNTOWN COMMERCIAL) ................................. 89 6.9 C2 - COMMERCIAL DISTRICT (HIGHWAY COMMERCIAL) ..................................... 96 6.10 M1 - INDUSTRIAL DISTRICT (GENERAL INDUSTRIAL)......................................... 103 6.11 M2 - INDUSTRIAL DISTRICT (LIMITED SERVICE INDUSTRIAL) ............................ 109 6.12 FUD - FUTURE URBAN DEVELOPMENT DISTRICT ......................................... 114 6.13 RD - RESTRICTED DEVELOPMENT DISTRICT .................................................. 117 6.14 AC - ARCHITECTURAL CONTROL OVERLAY DISTRICTS ................................... 120 SECTION 8 - MAPS ................................................................................................................. 126 1 SECTION 1 - INTRODUCTION Under the authority of The Planning and Development Act, 1983, and Bylaw No. 762/2000, the Basic Planning Statement of the Town of Nipawin, the Council of the Town of Nipawin in the Province of Saskatchewan, in open meeting, hereby enact as follows: 1.1 TITLE - This Bylaw shall be known and may be cited as the Zoning Bylaw of the Town of Nipawin. 1.2 SCOPE - Development shall be permitted within the limits of the Town of Nipawin only when in conformity with the provisions of this Bylaw, the Town of Nipawin Basic Planning Statement and The Planning and Development Act, 1983. 1.3 SEVERABILITY - If any section, clause or provision of this Bylaw, including anything shown on the Zoning District Map, is for any reason declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Bylaw as a whole or in part, other than the section, clause, provision or anything shown on the Zoning District Map, declared to be invalid. 2 SECTION 2 - INTERPRETATION Whenever in this bylaw the following words or terms are used, they shall, unless the context otherwise provides, be held to have the following meaning: 2.0 Definitions In this Bylaw, abattoir means a building where animals are slaughtered, and may include butchering, dressing and processing of meat for wholesale or retail sale. above ground fuel storage tank means 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. accessory building or use means a building or use which: (i) is subordinate to and serves the principal building or principal use; (ii) is subordinate in area, extent, and purpose to the principal building or principal use served; (iii) contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served; (iv) is located on the same site as the principal building or principal use served. **approved interpretation: 7(m) COVER ALL AND SIMILAR STRUCTURES: BELCHAMBER: THAT Council include Cover-All and similar structures within the definition of "accessory building or use" as contained in Bylaw No. 763/2000, the Zoning Bylaw. **approved interpretation: 8(a)(v) (October 13, 2009) METAL SHIPPING CONTAINERS: "-within commercial / industrial areas, without having to change the exterior appearance of the container; -within residential areas, provided the containers are retrofitted to look like typical storage sheds." adult day care means an establishment for the placement, care and supervision of adults, but does not include the provision of overnight supervision. adult day care - type I means an adult day care with up to five persons under supervision at any one time. adult day care - type II means an adult day care with more than five persons under supervision at any one time. agricultural uses means the non-intensive use of lands, buildings or structures for the production of crops, animal husbandry or other similar uses normally associated with agriculture. 3 ambulance station means a facility for receiving requests for ambulance service and for the stationing of one or more ambulances until dispatched in response to calls for service, which is operated by a person or corporation having a valid and subsisting ambulance licence issued pursuant to The Ambulance Act and having a current contract with the Northeast District Health Board. animal hospital means a place used for the care and treatment of small and large animals involving out-patient care, medical procedures involving hospitalization, and the keeping of animals in outdoor pens. approved heat source means a source for the provision of heat that has been approved for use within a dwelling. (Amended by Bylaw 864/07) balcony means a platform, projecting from the face of a wall, cantilevered or supported by columns or brackets and usually surrounded by a balustrade or railing. bare land condominium means a condominium development as defined by The Condominium Property Act, 1993. bare land unit means an area of land delineated on a survey plan prepared under The Condominium Property Act, 1993. basement or cellar means that portion of a building between two floor levels which is partly or wholly underground and which has more than one half of its height, from finished floor to finished ceiling, below grade level. bed and breakfast home means a dwelling unit in which the occupants use a portion of the dwelling unit for the purpose of providing, for remuneration, sleeping accommodation and one meal per day to members of the general public, for periods of one week or less, and in which: (i) not more than four bedrooms within the dwelling unit are used to provide such sleeping accommodation; (ii) 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, (iii) the meal which is provided is served before noon each day. boarder means a person who lives in rented sleeping accommodations which have no individual cooking facilities, and who may be furnished with meals or other services as part of the consideration, but who is not a member of the household occupying the principal dwelling unit and is not the proprietor of a boarding house or boarding apartment. boarding house means a building in which the proprietor supplies for a fee sleeping accommodations for more than two boarders but not more than 5 boarders, exclusive of the proprietor and the proprietor's household, and where meals and other services may be provided as part of the consideration, and where no cooking facilities are present in any individual sleeping room or accommodations. building means any structure used or intended for supporting or sheltering any use or occupancy as set forth in this bylaw, and includes any structure covered by a roof and supported by walls or columns. 4 building line, established means 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 on which more than half the sites have been built. building, front line means the line of the wall of the building, or any projecting portion of the building, and production thereof excluding permitted obstructions which faces the front site line. building height means the vertical distance measured from the grade level to the highest point of the roof surface, if a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge for a gable, hip or gambrel roof. building permit means a permit issued under The Building Bylaw of the Town of Nipawin authorizing the construction of a building. building, principal means a building in which is conducted the main or primary use of the site on which said building is situated. building, rear line means the line of the wall of the building or any projecting portion of the building and production thereof excluding permitted obstructions which faces the rear site line. building, side line means the line of the wall of the building, or any projecting portion of the building and production thereof excluding permitted obstructions, which faces the side site line. campground means a site which provides for the location of tents or trailer coaches used by travellers and tourists for overnight accommodation. cannabis retail store means a building or part of a building in which the owner or tenant is legally permitted to sell non-medicinal cannabis. Other items defined as "cannabis accessory" within the Cannabis Act and cannabis-related ancillary items as defined by the Saskatchewan Liquor and Gaming Authority can also be sold at a Cannabis Retail Store. No production of cannabis is permitted to take place at a Cannabis Retail Store. (Bylaw 1047/18) car wash means a building or portion of a building which is used for the washing of vehicles, including full service, automatic and hand operated facilities, but does not include facilities for the washing of vehicles with a gross vehicle weight of more than 5000 kg. catering halls means a building used for catering to banquets, weddings, receptions or similar functions for which food and beverages are prepared and served on the premises and in which food and beverages may be prepared for service off the premises. cemetery means property used for the internment of the dead and may include facilities for the storage of ashes of human remains that have been cremated. club means 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. 5 commercial recreation use means a place designed and equipped for indoor or outdoor sports and other leisure time activities, operated as a business and open to the public for a fee, but does not include permanent midways or fairgrounds. community centre means a building or facility used for recreational, social, educational or cultural activities and which is owned by a municipal corporation, Co-operative organization or corporation, non-profit corporation or other non-profit organization. Amended 1018/17 convenience store means a store offering for sale primarily food products, beverages, tobacco, personal care items, hardware and printed matter and which primarily provides a convenient day to day service to residents in the vicinity. council means the Council of the Town of Nipawin. cultural institution means an establishment such as a museum, art gallery, library and similar facilities of historical, educational or cultural interest. custodial care facility means: (i) a facility for the temporary detention or open custody of persons pursuant to the provisions of The Young Offenders Act (Canada) or The Summary Convictions Procedures Act (Saskatchewan); or (ii) a community training residence as defined in The Corrections Act (Saskatchewan) in which the number of persons in detention, custody or residence does not exceed five. custom meat cutting and packaging means a building where slaughtered animals are taken to be dressed or processed, with or without retail sale of meat products. day care centre means an establishment providing for the care, supervision and protection of children, but does not include the provision of overnight supervision. deck means a raised open platform, with or without rails, attached to a principal building. development means the carrying out of any building, engineering, mining or other operations in, on or over land or the making of any material change in the use or intensity of the use of any building or land. development permit means a document authorizing a development issued pursuant to a zoning bylaw. discretionary use means 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, duplex means a building divided horizontally into two dwelling units. 6 dwelling group Means a group of two or more detached one unit dwellings, two unit dwellings or multiple unit dwellings or combinations thereof on a parcel or group of parcels all owned by the same person or corporation. dwelling, multiple unit means a building divided into three or more dwelling units and shall include town or row houses and apartment houses but not rooming houses, hotels, or motels. dwelling, one-unit means a detached building designed for or occupied as one dwelling unit. Dwelling, podium means one or more dwelling units located above a commercial use permitted within the same zone, such that no dwelling unit shares an entrance with the commercial use. An emergency exit must be provided in addition to the main entrance. dwelling, semi-detached means a building divided vertically into two dwelling units, separated by a common party wall throughout at least 50% of the entire structure, measured from the front to the rear building lines.. dwelling, single detached means a detached building consisting of one dwelling unit but shall not include a mobile home. dwelling, two-unit means a detached building designed for or occupied as two dwelling units. dwelling unit means a complete building or self-contained portion of a building used as a household, containing sleeping, cooking, and sanitary facilities intended as a permanent residence and having an independent entrance either directly from the outside of the building or through a common area inside the building. This use does not include a room in a hotel, motel, hostel or any other development where rooms are rented on a temporary basis. educational institution means a post-secondary college, university or technical institution, but shall not include a private school. family day care home means an accessory use to a one-unit dwelling, two-unit dwelling, mobile home, semi-detached dwelling or townhouse, where the occupants of the dwelling provide child care services, supervision or pre-school services, provided the total number of children under care or supervision, including the number of children under the age of 13 who are resident in the dwelling, does not exceed eight. fence means an artificially constructed barrier erected to enclose or screen areas of land. financial institution means a bank, credit union, trust company, or similar establishment. flankage means the side site line of a corner site which abuts the street. floor area means the maximum habitable area of a building: i) measured at and above ground level in the case of a dwelling, excluding any garage, porch, veranda, sunroom, or covered deck; and ii) below, at and above grade in the case of all other uses, excluding the area used for off-street parking, loading, mechanical equipment, stairways or shafts. 7 The area of a porch, veranda, sunroom, or covered deck shall be included only when they include an approved heat source. (Amended by Bylaw 864/07) frontage means the side of a site abutting a street and, in the case of a corner site, the shorter of the sides is the frontage. funeral home means a building designed for the purpose of furnishing funeral services to the public and includes facilities intended for the preparation of the human body for internment or cremation, but shall not include facilities for cremation. garage, private means a garage used for storage purposes only, where no business, occupation or service is conducted for gain, other than an approved home based business, and in which no space is rented for commercial vehicles to a non-resident of the premises. garage, public means any garage available to the public, operated for gain, and which is used for repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles, including painting, body work and major repairs. garage, storage means a garage exclusively used for the storage of motor vehicles and where no repair facilities are maintained. gas bar means a building or facility used for the retail sale of motor vehicle fuels from fixed pumps. grade level means the average level of the finished surface of the ground adjacent to the exterior walls of the building or structure. In the case of single detached, semi-detached and duplex dwellings with a walk out basement, grade level shall be the average elevation of the finished surface of the ground, adjacent to the building front line. (Amended by Bylaw 864/07) group home means a licensed, approved home under the Mental Health Services Act for the supervised accommodation of up to nine (9) persons. hazard land means land which is subject to flooding, ponding, subsidence, landslides or erosion. hazardous material means any product, substance or organism which, because of its quantity, concentration or risk of spill, or its physical, chemical or infectious characteristics, either individually or in combination with other substances, is an existing or potential threat to the physical environment, to human health or to living organisms, including but not limited to: (i) Corrosives; (ii) Explosives; (iii) Flammable and combustible liquids; (iv) Flammable solids; substances liable to spontaneous combustion, substances that on contact with water emit flammable gases. (v) Gases, compressed, deeply refrigerated, liquefied or dissolved under pressure; 8 (vi) Oxidizing substances; organic peroxides; (vii) Poisonous (toxic) and infectious substances; (viii) Radioactive materials; (ix) Waste Dangerous Materials; and (x) Any other environmentally hazardous substance. health care clinic means a facility or institution engaged in the provision of services for health maintenance, diagnosis or treatment of human pain, injury or other physical condition on an out- patient basis. home based business means an accessory use of a dwelling unit by a resident of the dwelling for a business which is secondary and incidental to the primary use of the dwelling as a residence, and does not change the residential character of the buildings or site. home based business - type I means a home based business owned and operated by a resident or residents of the dwelling unit. home based business - type II means a home based business owned and operated by a resident or residents of the dwelling unit, but where no more than one non-resident person may be employed on the site. hotel means a facility offering transient lodging accommodations to the general public and providing additional services, such as restaurants, meeting rooms, entertainment, and recreational facilities. junk and salvage yards means, but is not limited to, uses involved in salvaging, storing or selling scrap metal, paper, plastic, glass, wood and other waste material, as well as unlicensed vehicles and used vehicle parts. kennel, boarding means the temporary accommodation of dogs, cats or other domestic animals for commercial purposes. kennel, breeding means the keeping of more than four dogs, cats or other domestic animals, male and female, and which are more than 12 months old, for breeding purposes. lane or alley means a public way which affords a secondary means of access to a site. landscaping means the provision of horticultural and other related compatible features or materials designed to enhance the visual amenity of a site or to provide a visual screen consisting of any combination of the following elements: (i) Soft landscaping consisting of vegetation such as trees, shrubs, vines, hedges, flowers, grass and ground cover; and 9 (ii) Hard landscaping consisting of non-vegetative materials such as decorative stonework, screening, berming and other materials used in landscape architecture. (Bylaw 1033/18) loading space means that part of a site or structure, measuring at least 2.4 metres in width and 8.4 metres in length, on which a single vehicle may be loaded or unloaded. lot means an area of land with fixed boundaries and which is of record in the Land Titles Office by Certificate of Title. lounge means a room or area adjoining a restaurant that permits the sale of beer, wine or spirits for consumption on the premises, with or without food, and where no entertainment or dance floor is permitted, either in the lounge or in the restaurant attached to the lounge. mall means a single story building in which, up to six (6) of the permitted or discretionary uses of the zoning district are located together for their mutual benefit, each use having a separate entrance to the outside. mayor means the Mayor of the Town of Nipawin. medical, dental and optical laboratories means a place fitted with medical and scientific equipment and used for the conduct of medical, dental or optical investigations, experiments, and tests; or for the manufacture of medicines or medical aid devices, but does not include the manufacture of industrial chemicals. minister means the member of the Executive Council to whom, for the time being, the administration of The Act is assigned. mobile home means trailer coaches that conform to Canadian Standards Association Standard No. Z240 for mobile homes or to such standards as may have been defined by the Canadian Standards Association for mobile homes at any time subsequent to the definition of the standard set out as Z240, and are single dwelling units. mobile home court means any tract or parcel of land on which two or more occupied one unit mobile homes are situated or are permitted to be situated whether or not a charge is made or paid for the use thereof, and includes any building or structure used or intended to be used as part of the equipment in such mobile home court, but does not include an industrial or construction camp or any such court if a tent or trailer coach that is not a mobile home is also situated or is permitted to be situated thereon. mobile home, double wide means a mobile home consisting of two sections, separately towable, but designed to be joined together into one building. mobile home, single wide means a mobile home designed to be towed as a single load and less than 6.09 metres wide. mobile home site means an area of land in a mobile home court for the placement of a mobile home. 10 mobile home subdivision means any residential subdivision of land containing sites under either freehold or leasehold tenure for the purpose of accommodating mobile homes in such a manner that each mobile home is situated on its own site and in which all such sites, public open spaces, internal streets and lanes, buffer zones and other amenity areas form a contiguous area of development. motel means a hotel used primarily by transient automobile tourists and travellers. non-conforming building means a building: (i) 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 (ii) that on the date this Bylaw or any amendment hereto becomes effective does not or when constructed will not comply with this Bylaw. non-conforming use means a lawful specific use: (i) 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 (ii) 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. night club means a building or portion thereof, where beer, wine or spirits are served to patrons for consumption on the premises, with or without food, and where a designated area for entertainment or dancing during certain hours of operation may also be provided. office and office building means a building or part of a building uses 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. outdoor recreation equipment means outdoor recreational multi-wheeled utility vehicles, motorcycles, snowmobiles, including trailers designed for the transportation of the vehicles. These establishments also retail replacement parts and may provide repair services. power equipment means industry establishments primarily engaged in retailing outdoor power equipment. These establishments also retail replacement parts and may provide repair services. parking lot means 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. 11 parking space means that part of a site or structure on which a single vehicle may be parked, with minimum dimensions of 2.4 metres wide and 5.5 metres long, and which has access to a developed street or lane. personal service shop means a business associated with the grooming of persons or the maintenance or repair of personal wardrobe articles and accessories and may include: (i) beauty salons and barber shops; (ii) shoe repair; (iii) dry cleaning pick-up depots; (iv) self-serve laundry; (v) tailor or seamstress; (vi) massage services; (vii) tanning beds; (viii) photography studios; and (ix) other similar uses, but does not include the provision of health related services. Pet daycare / pet grooming facility means a building where animals are kept and managed between the hours of 7:00 am and 9:00 pm. (Amended by Bylaw 963/14) photography studio means a place used for portrait or commercial photography, including the developing and processing of film, and the repair or maintenance of photographic equipment. place of worship means 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. pre-school means a facility which provides a part-time program for pre-school aged children. public hospital means a hospital operated by the Northeast District Health Board. public recreational use means a recreation or amusement use operated by the province, municipality, or a non-profit organization and open to the general public. public works means: (i) systems for the production or distribution of electricity; (ii) systems for the distribution of natural gas or oil; (iii) facilities for the storage, transmission, treatment, distribution or supply of water; (iv) facilities for the collection, treatment, movement or disposal of sanitary sewage; or (v) telecommunication or light distribution lines, 12 that are owned or operated by or for the Crown or the Town, or by a corporation under agreement with or under a franchise from the Town or under a federal or provincial statute. radio or television station means a place where radio or television programming is produced. recycling collection depot means a building or structure used for collection and temporary storage of recyclable household material such as bottles, cans, plastic containers and paper. The following shall not be allowed at a recycling collection depot: (i) processing of recyclable material other than compaction; (ii) collection and storage of paints, oil, solvents or other hazardous material; and (iii) outdoor compaction or storage. residential care facility means a licensed or approved group care facility governed by Provincial regulations that provides, in a residential setting, 24 hour care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. residential care facility - type I means a residential care facility in which the number of residents, excluding staff, does not exceed five. residential care facility - type II means a residential care facility in which the number of residents, excluding staff, is more than five and not more than 15. residential care facility - type III means a residential care facility in which the number of residents, excluding staff, is more than 15. restaurant means a place where food and beverages are prepared and served to patrons seated at tables or counters, in a motor vehicle on the premises, or for off-site consumption, and may include a drive-through service window. retail store means a place where goods, wares, or merchandise are offered for sale or rent, but excludes the retail sale of cannabis other than in licensed pharmacies. Retail stores 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. (Bylaw 1047/18) rooming unit means a room or suite of rooms rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. seasonal shelter means an activity accessory to a community centre where the primary purpose is to provide accommodations not continuously throughout the year for people requiring shelter for a temporary overnight duration. This may also include health, cultural, or recreational programming, individual support services, and meal service. school, private means 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. 13 school, public means a facility which meets Provincial requirements for elementary or secondary education, and which secures the majority of its funding from taxation. screening means a fence, building, structure or other device which provides a visual barrier sufficient to conceal parking areas, garbage collection areas and storage areas. secondary suite means a self contained dwelling unit which is an accessory use to, and located within, a detached building in which the principal use is a one unit dwelling. service station means a place where petroleum products are kept for retail sales for automobiles and other motor vehicles and where repairs, rental, servicing, greasing, adjusting or equipping of automobiles or other motor vehicles may be performed, but not including painting, body work and major repairs. shopping centre means a building or group of buildings on the same site in which permitted uses are located together for their mutual benefit, including the use of off-street parking and other joint facilities. side wall means the external supporting or enclosing wall of building or structure between grade level at the base and the coping, eaves, or parapet at the top. sight triangle means the triangular area formed, on corner sites, by the intersecting front and side site lines at a street intersection and the straight line joining said site lines at points which are 6.0 metres distant from the point of intersection, measured along said site lines. sign means any device, letters, figures, symbols, emblems, or pictures which are affixed to, or represented directly or indirectly upon a building or structure, which identify or advertise any object, product, place, activity, person, organization or business; and which is visible on a street. sign, awning means a sign made from canvas, plastic or similar non-rigid material affixed to a frame and attached to a building wall. sign, billboard means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the site on which the sign is located. sign, canopy means a sign consisting of a rigid, multi-sided structure supported by columns or posts embedded in the ground. sign, directional / information means a sign giving directions, instructions or facility information but not including any advertising copy. sign, electronic variable message means a sign whose informational content can be changed or altered by means of computer-driven electronic impulses. sign, fascia means a sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of the sign, and which does not project more than 0.25 metres from such building or structure. 14 sign, free-standing means a non-movable sign, not affixed to a building, and which is supported by a pole or similar structure. sign, projecting means a sign which is wholly or partially dependent upon a building for support and which projects more than 0.25 metres beyond the wall of the building. sign, portable means a portable, free-standing sign, mounted on a wide based frame, with a single sign face area no greater than 6.0 m2, which can be readily moved or transported to various locations. sign, roof means a sign that is mounted on the roof of a building, or which is wholly dependent upon a building for support and which projects above the point of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof or the deck line of a building with a mansard roof. sign, temporary means a removable sign erected for a period of time not exceeding six months. site means an area of land: (i) under one ownership considered as a unit; (ii) having its principal frontage on a public street or place; and, (iii) not divided by a public street. site, corner means a site at the intersection or junction of two (2) or more streets. site coverage means that percentage of the site covered by buildings above grade level exclusive of marquees, canopies, balconies and eaves. site line, front means the line that divides the site from the street. In the case of a corner site, the front site line shall mean the line separating the narrowest street frontage of the site from the street. site line, rear means the line at the rear of the site and opposite the front site line. site line, side means a site line other than a front or rear site line. site, depth of means the average horizontal distance between the front site line and the rear site line of a site measured within the site boundaries. site, interior means a site other than a corner site. site, through means a site having a frontage on two (2) streets more or less parallel. site width means the horizontal distance between the side boundaries of the site measured at a distance from the front site line equal to the minimum front yard required for the district in which the site is located. 15 special care home means a nursing home, supervisory care home, sheltered care home or other facility used for the purpose of providing supervisory care, personal care, and nursing care. storage yards mean establishments primarily engaged in the indoor and/or outdoor storage of a general line of goods. storey means that portion of any building which is situated between the top of any floor and the top of the floor next above it; and if there is no floor above it, that portion between the top of such floor and the ceiling above it. street means a road, parkway, driveway, square, road allowance or public highway vested in Her Majesty or set aside for such purposes, and includes a bridge or other public improvement erected upon or in connection with such public highway. structure means anything erected or constructed, the use of which requires temporary or permanent location on, or support of, the soil, or attached to something having permanent location on the ground or soil; but not including pavements, curbs, walks, or open air surfaced areas. structural alteration means the construction or reconstruction of supporting elements of a building or other structure. tavern means a building or portion thereof where beer, wine, or spirits are served to patrons for consumption on the premises, with or without food, and where no entertainment or dance floor is permitted. temporary building means a building under 34 square metres in floor area without a foundation or footing, and that is to be removed upon expiration of a designated time period, or the ceasing of the use for which the building was erected. temporary use means a use established for a fixed period of time and that is to be discontinued upon the expiration of the time period specified for that use. terrace means a level, artificially surfaced area adjacent to a principal building, not covered by a roof, at or within 0.6 metres of the finished grade; including patios. theatre means a place devoted to showing motion pictures or dramatic, dance, musical or other live performances. town means the Town of Nipawin. townhouse means a multiple-unit dwelling in which each unit has its own entrance to the outside, each unit being separated from other units by a common wall or ceiling which has no openings. trailer coach means any vehicle used or constructed in such a way as to enable it to be used as a conveyance upon public streets or highways and includes a self-propelled or non-self-propelled vehicle designed, constructed or reconstructed in such a manner as will permit the occupancy thereof as a dwelling or sleeping place for one or more persons notwithstanding that its running gear is removed or that it is jacked up. 16 use means the purpose or activity for which a piece of land or its building is designed, arranged, intended, occupied or maintained. veterinary clinic means a place for the care and treatment of small animals involving outpatient care and medical procedures involving hospitalization, but shall not include the keeping of animals in outdoor pens. warehouse means a building used for the storage and/or distribution or wholesaling of goods and materials. wholesale establishment means 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 means an unoccupied space open to the sky on the same site with a building or structure. yard, front means the area between the side site lines and the front site line to the front building line. yard, rear means the area between the side site lines, and the rear site line to the rear building line. yard, required means a yard or yards required by this bylaw and within which, unless specifically permitted, no building or structure, or part of a building or structure shall be erected. yard, side means the area between the front and rear yards and between the side site line and the side building line. Year-round shelter means an activity accessory to a community centre where the primary purpose is to provide ongoing accommodations for people requiring shelter for a temporary overnight duration. This may also include health, cultural, or recreational programming, individual support services, and meal service. SECTION 3 - ADMINISTRATION 3.1 DEVELOPMENT OFFICER 3.1.1 The Development Officer shall administer this Bylaw. 3.1.2 The Development Officer shall be the Administrator of the Town of Nipawin and any other person authorized, in writing, by the Administrator to act as a Development Officer for the purposes of this Bylaw and The Planning and Development Act, 1983. 17 3.2 DEVELOPMENT PERMIT 3.2.1 Except as provided in Section 3.2.2 no person shall undertake a development or commence a use unless a Development Permit has first been obtained. A Development Permit cannot be issued in contravention of any of the provisions of this Bylaw subject to Sections 91 to 104 of The Act. 3.2.2 A Development Permit is not required for the following, but all other applicable provisions of this bylaw are to be followed for: (1) the maintenance of a public work; (2) the construction of a public work by the Town of Nipawin; (3) the installation of public works on any street or other public right-of-way; (4) maintenance and repairs that do not include structural alterations; (5) accessory buildings with a floor area of 10 square metres or less; (6) fences. 3.2.3 A building permit shall not be issued unless a Development Permit, where required, has also been issued. 3.2.4 If the development or use authorized by a Development Permit is not commenced within six months from the date of its issue, and completed within twelve months of its issue, the permit is deemed void unless an extension to the period has first been granted. 3.3 APPLICATION FOR A DEVELOPMENT PERMIT 3.3.1 The application for a Development Permit shall be made, to the Development Officer, in Form A as attached to and as adopted and as may be amended, by resolution of Council. The application shall be accompanied by two copies of a site or building plan showing dimensions and locations of existing and proposed buildings and structures as well as site lines. Where no new construction is proposed the applicant shall supply a written description of the proposed development in place of such plans. 3.3.2 Where the application is for a Discretionary Use the applicant shall also provide a written description of the proposed development, describing the intended use and operations, structures to be located on the site, required municipal services, and any other information that Council determines is necessary to fully review the proposed development. 18 3.3.3 Where the application is for a discretionary commercial use, including parking lots (but excluding home-based businesses), in any Residential District, the applicant shall also provide a landscape plan as prescribed in Section 4.14 of this bylaw. 3.4 REVIEW OF APPLICATIONS 3.4.1 The Development Officer is responsible for reviewing all applications to ensure that the proposed development complies with all applicable regulations and provisions of this bylaw and the policies contained in the Basic Planning Statement Bylaw. 3.4.2 Where the application is for a discretionary use, the Development Officer shall submit the application, a report on the application, and all other relevant material to Council. 3.4.3 The Development Officer may refer any application to Council for interpretation. 3.5 DECISION 3.5.1 The decision on all applications shall be made in writing to the applicant, in Form B, as attached to and forming part of this Bylaw. 3.5.2 Where the application is for a PERMITTED USE the Development Officer shall, upon completion of the review: (1) issue a Development Permit where the application conforms to all provisions of this Bylaw; or (2) issue the Development Permit specifying any special regulations or standards to which the development or use must comply, where the class of development or use is subject to special regulations, performance standards or development standards that are specified in this Bylaw; or (3) refuse the application where the provisions of this Bylaw are not met, indicating to the applicant the reason for the refusal. 3.5.3 Where the application is for a DISCRETIONARY USE the Development Officer shall submit the application to Council for review. Upon completion of its review, Council shall pass a resolution instructing the Development Officer to either: (1) issue a Development Permit incorporating any special development standards prescribed by Council in accordance with the provisions of this Bylaw; or (2) refuse the application, indicating the reasons for the refusal. 19 3.5.4 Revocation of Decision - Where an approved development is not being developed in accordance with the provisions of this bylaw, or with the standards and conditions specified in the Development Permit, Council may revoke or suspend the Development Permit. The Development Permit shall not be reissued or reinstated until all deficiencies have been corrected. 3.6 DEVELOPMENT APPEALS 3.6.1 Development Appeals Board - A Development Appeals Board of the Town of Nipawin shall be appointed in accordance with Sections 71 and 91 to 104 of The Act. 3.6.2 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 Nipawin. 3.6.3 Where an application for a DISCRETIONARY USE has been APPROVED by Council, WITH PRESCRIBED SPECIAL DEVELOPMENT STANDARDS pursuant to this Bylaw, the applicant shall be advised that any development standards considered excessive, may be appealed to the Development Appeals Board of the Town of Nipawin. 3.6.4 An application for a Development Permit for a PERMITTED USE shall be deemed to be refused when a decision thereon is not made within 40 days after the receipt of the application in its complete and final form by the Development Officer, and an appeal may be made as provided in Section 3.6.2 as though the application had been refused at the end of the period specified in this subsection. 3.7 MINOR VARIANCES 3.7.1 Council may grant a variance of up to 10% of any yard requirement or minimum required distances between buildings for a use that is a permitted use as specified in this bylaw. All such variances shall be subject to the conditions and granted in accordance with the procedures contained in Section 73.1 of The Act. 3.7.2 Council shall maintain a registry of the location and all relevant details of the granting of such variances. 20 3.8 FEES AND ADVERTISING 3.8.1 Amendment of the Zoning Bylaw - Where a person requests Council to amend the zoning bylaw that person shall pay to the municipality a fee equal to the costs, to the municipality, associated with the public advertisement of the proposed amendment. 3.8.2 Advertisement of a discretionary use application. (1) Prior to making a decision on a discretionary accessory use application, Council shall direct the Development Officer to mail a notice of the application to the assessed owner of each property within 75 m of the site that is the subject of the application. (2) Prior to making a decision on a discretionary principal use application, Council shall direct the Development Officer to have published, in a newspaper having circulation in the Town of Nipawin, a notice of the application and to mail a copy of the notice of application to the assessed owner of each property within 75 m of the site that is the subject of the application. (3) The notice described in Section 3.8.2 (1) and (2) above shall describe the use applied for, describe the location of the use, and specify the date, time and location of the Council meeting at which the application will be considered. (4) The notice described in Sections 3.8.2 (1) and (2) above shall be mailed and published at least one week (7 days) prior to the date of the meeting. (Amended by Bylaw 071/14) (5) The applicant shall pay to the municipality a fee equal to the costs, to the municipality, associated with the preparation and distribution of the notice described in Sections 3.8.2 (1) and (2) above. 3.8.3 Application fees - an applicant applying for the following permits and/or certificates shall pay a fee in accordance with the following: (1) Permitted uses $50.00 (2) Discretionary accessory use $300.00 (3) Discretionary principal use $300.00 (4) Minor variance $50.00 (5) Development Appeal fee up to $50.00 as specified by the board (6) Zoning Bylaw amendment $400.00 21 (7) Zoning Compliance Certificate $25.00 (8) District Plan Amendment $3000.00 (Amended by Bylaw 997/15) These fees shall be in addition to any fee required by clauses 3.8.1 and 3.8.2 above. (2) Detailed review costs: (a) General: Where a development or subdivision proposal involves a detailed review, a plan or Zoning Bylaw Amendment, a development agreement, a servicing agreement, detailed development conditions, liability insurance, performance bonds, caveats, or legal and professional planning advice, Council may require the applicant to pay the full cost of the additional application review and administration costs, as Council may determine by resolution. (b) Items: Such costs may include Council meetings, legal and professional planning costs, municipal administration fees and site inspection fees, as determined by Council. (c) Documentation: Such costs may be addressed and clarified in Council specified documents, including development and servicing agreements. 22 3.9 OFFENCES AND PENALTIES - Any person who violates this bylaw is guilty of an offence and liable on summary conviction to the penalties set forth in The Act. 3.10 NON-CONFORMING USES AND NON-CONFORMING BUILDINGS 3.10.1 Non-conforming uses and non-conforming buildings shall be subject to Sections 113 - 118 inclusive of The Act. 3.10.2 No existing building or site shall be deemed to be non-conforming by reason only of the conversion from the Imperial System of Measurement to the International System of Units (S.I.) where such nonconformity results solely from such conversion and is reasonably equivalent to the S.I. standard herein established. 23 SECTION 4 - GENERAL REGULATIONS 4.1 LICENCES, PERMITS AND COMPLIANCE WITH OTHER BYLAWS AND LEGISLATION - Nothing in this bylaw shall exempt any person from complying with the requirement of any other municipal or provincial regulations and requirements and from obtaining any licence, permission, permit, authorization or approval required by such requirements or regulations. 4.2 BUILDING LINES - Where a building line in a residential district has been established by existing buildings in a block having at least one half the sites built on, new development may conform to this line. 4.3 NUMBER OF PRINCIPAL BUILDINGS PERMITTED ON A SITE - Only one principal building shall be placed on any site with the exception of dwelling groups, shopping centres, health care clinics, mobile homes in courts, recreation facilities, schools, hospitals, senior citizens' homes, special care homes and public works. 4.4 REQUIRED YARDS AND OPEN SPACE 4.4.1 Minimum Yards Required - No portion of any yard or open space required about any principal building or use shall provide any portion of a yard or open space for any other principal building or use. 4.4.2 Permitted Obstructions in Required Yards - The following shall not be considered to be obstructions and shall not be considered in the determination of yard dimensions or site coverage: (1) In all yards: steps of 1.6 metres or less above grade level which are necessary for access to a permitted building or for access to a site from a street or lane, trees, shrubs, walks, uncovered driveways, fences, trellises or flag poles. (2) In front yards: (a) Overhanging eaves and gutters projecting not more than 1 metre; (b) Lighting fixtures, lamp posts, raised patios, decks, canopies or balconies having a projection of not more than 1.8 metres. (c) Sills, belt cornices, pilasters or other similar vertical columns, cornices and chimneys projecting not more than 0.6 metres. (3) In rear yards: 24 (a) Raised patios and decks measuring more than 0.7 metres in height above grade, and canopies and balconies having a projection of not more than 3 metres. (b) Raised patios, terraces and decks measuring 0.7 metres or less in height above grade, provided they do not project to within 3 metres of the rear site line. (c) Overhanging eaves and gutters, sills, belt courses, pilasters or other similar vertical columns, cornices and chimneys projecting not more than 1 metre into the yard. (d) On interior sites, enclosed private swimming pools when attached to the principal building, projecting not more than 3 metres into the yard. (e) Laundry drying equipment, recreational equipment, garbage stands and private swimming pools and tennis courts when open to the sky. (4) In side yards: (a) Raised patios, terraces and decks measuring 0.7 metres or less in height above grade. (b) Raised patios and decks measuring more than 0.7 metres in height above grade and canopies and balconies provided they do not project more than 1.8 metres into the required yard, or into more than 25% of the required yard, whichever is less. (c) Sills, belt courses, pilasters or other similar vertical columns, cornices, eaves and chimneys projecting not more than 0.6 metres into the yard. (d) Laundry drying equipment, recreational equipment, garbage stands and private swimming pools and tennis courts when open to the sky. (5) For the purposes of this Bylaw, through sites have frontage on two streets and provisions related to front yards apply to yards abutting both front site lines. 4.4.3 Units of Measure - For the purpose of this bylaw, all units of measure in metres shall be deemed to be to the nearest tenth of a metre. (Amended by Bylaw 782/01). 25 4.5 FENCES Walls, fences, hedges or shrubs may be erected, placed, planted, maintained or grown in any required yard only in conformance with the following regulations: 4.5.1 Residential Districts (1) Maximum height in any required yard except in a required front yard - 2 metres. (2) Maximum height in any required front yard (Amended by Bylaw 782/01) - interior site - 1.30 metres (Amended by Bylaw 782/01) - corner site - 1.0 metres (Amended by Bylaw 782/01) (3) Notwithstanding Subsection (2) the maximum height in any front yard of a corner site may be expanded to 1.30 metres if transparent materials are used i.e. chain link. (Amended by Bylaw 782/01). (4) In the case of a corner site, no wall, fence, hedge, or shrub shall be placed so as to create a visual obstruction in an established intersection sight triangle. (Amended by Bylaw 782/01). 4.5.2 Commercial and Industrial Districts (1) Maximum height - 2.5 metres, except that, for existing residential uses, Section 4.5.1 (above) applies. (2) In the case of a corner site, no wall, fence hedge or shrub shall be placed so as to create a visual obstruction in an established intersection sight triangle. 4.5.3 Other Districts (1) Maximum height - 2.5 metres (2) In the case of a corner site, no wall, fence hedge or shrub shall be placed so as to create a visual obstruction in an established intersection sight triangle. 4.6 ACCESSORY BUILDINGS 4.6.1 Subject to all other requirements of this Bylaw, an accessory building or structure is permitted in any district when accessory to a principal use which is a permitted or discretionary use in that same district, and for which a development permit has been issued. 4.6.2 Accessory buildings shall be subordinate to, and located on the same site as the principal building or use, and used in conjunction with that principal use. 4.6.3 Time of Construction - Accessory buildings shall not be constructed or placed on any site prior to the construction of the principal building except in the following cases: (1) Where a Development Permit has been issued for a principal building, Council may, at its discretion, allow prior development of an accessory building where such building is required for the storage of construction material or equipment. If the principal building is not completed in the time period required, the accessory building is to be removed. 4.6.4 Height of Accessory Buildings - Accessory buildings are not to exceed the height of the principal building. The elevation of the lot is not considered when measuring the height of a principal building. For example, if a principle building is 3.66 m 26 height (12 feet), and sits at an elevation that is +/- 2.0 meters compared to the accessory building, the accessory building can be a maximum of 3.66 m in height. (Amended by Bylaw 864/07) 4.6.5 Private Garages and Carports (1) Private garages and carports attached to the principal building by a substantial roof structure are considered as part of the principal building and subject to the regulations governing the principal building. (2) Except when conforming with established building lines, no main door of a garage which faces a road shall be within 6.0 metres of the side or front site line faced by the door. 4.6.6 Location and Size of Accessory Buildings (1) Detached accessory buildings in Residential Districts are subject to the following regulations: (a) Accessory buildings are not to be located in any front yard. (b) Yard, rear: minimum - 0.6 metres, except where the main door faces the rear site line, the minimum shall be 3 metres. (c) Yard, side: minimum - 3 metres from a side site line abutting a street; 1.5 m from a side site line where the accessory building is located in the side yard of the principal building; otherwise 0.6 metres. (d) Accessory buildings located in a required rear yard shall not occupy more than thirty (30) per cent of the required rear yard, and shall not obstruct access to any lane. (e) Detached accessory buildings shall be located at least one metre from the principal building. (f) For private garages or carports accessory to duplex dwellings, semi-detached dwellings, dwelling groups, multiple unit dwellings or townhouses where a detached structure provides individual parking spaces for each dwelling unit, the side yard requirement shall apply only to exterior walls. (Amended by Bylaw 894/09) 4.6.7 Number of Accessory Buildings In any residential district, there shall be no more than three (3) accessory buildings on a site. 27 4.7 OFF STREET PARKING AND LOADING 4.7.1 Parking and Loading Spaces Required With Development (1) No person shall erect, enlarge, or extend any building or structure permitted under this Bylaw, unless the required parking and loading spaces are provided and maintained in connection with the new, enlarged, or altered building or structure. (2) When the intensity of use of any building, structure, or premises is increased through the addition of dwelling units, floor area, seating capacity, or other specified units of measurement for required parking and loading facilities, parking and loading facilities as required in this Bylaw shall be provided for any increase in intensity of use. (3) Wherever the existing use of a building or structure is changed to a new use, parking and loading facilities shall be provided as required for the new use; however, if the building or structure was erected prior to the effective date of this Bylaw, additional parking and loading facilities are mandatory only in the amount by which the requirements for the new use exceed the requirements for the existing use. (4) All required parking facilities shall be located on the same site as the principal building or use, with the exception of lands within the C1 and C2 districts, where required parking spaces may be located on a remote site. Subject to the zoning district, remote parking may be approved where it can be demonstrated that the walking route to the remote parking is considered to be both safe and within a reasonable distance of the principal use or building, and where the remote parking site is tied to the principal use site by means of an agreement registered by caveat on the title to the remote parking site. (5) When the calculation of parking requirements results in a fractional required parking space, this fractional requirement shall be rounded up to the next whole number. 4.7.2 General Regulations for Off Street Parking and Loading (1) All required parking and loading facilities shall only be used for the purpose of accommodating the vehicles of clients, customers, employees, members, residents or visitors in connection with the principal building or use for which the parking and loading facilities are provided, and the parking and loading facilities shall not be used for driveways, access or egress, commercial repair work, display, sale or storage of goods of any kind. 28 (2) Required parking and loading facilities shall provide for and include an adequate, safe and convenient arrangement of vehicular points of ingress or egress, driveways, internal roadways, aisles and ramps, unloading and loading of motor vehicles all in relation to buildings and entry points to buildings on the site. Such facilities shall comply with the following design, development and maintenance standards: (a) All required parking and loading facilities shall be clearly demarcated and have adequate storm water drainage and storage facilities; (b) Continuous raised or pre-cast curbing of not less than 150 mm in height shall be provided adjacent to streets and required landscaped areas. Concrete curb stops shall be placed to ensure that vehicles do not overhang boulevards, sidewalks, or required landscaped areas. Curbing shall also be required to clearly demarcate the required portion of driveway leading to an internal roadway, aisle, ramp, parking space or loading space; (c) Where warranted, on-site traffic signs shall be provided; (d) In situations where lighting of off-street parking and loading facilities is to be provided, the lighting shall be arranged, installed and maintained to deflect, shade and focus light away from any adjacent land used or intended to be used for residential purposes; (e) All required parking and loading spaces shall be clear of any access driveways, aisles, ramps, columns, signs or other similar obstructions, and shall conform to the following minimum dimensions: Type of Space Minimum Dimensions Minimum Vertical Clearance Parking spaces having direct access to a registered lane 2.7 by 6.7 m 2.0 m Parallel parking spaces 3.0 by 6.7 m 2.0 m Parking spaces other than those described above 2.7 by 6.0 m 2.0 m Loading space 3.0 by 7.5 m 4.0 m 29 f) All required parking and loading spaces shall, without excessive vehicular manoeuvring, have direct access to a driveway, aisle or registered lane leading to a public street. Driveways and aisles which provide access to parking or loading spaces shall conform to the following minimum dimensions: Parking Angle in Degrees Width of Aisle or Driveway 75 to 90 6.0 metres (two-way traffic) 50 to 74 5.5 metres (two-way traffic) 49 or less 3.7 metres (one-way traffic only) For the purpose of the above minimum dimensions, angles shall be measured between the centre line of the parking or loading space and the centre line of the driveway or aisle; (g) All entrances to and exits from a required parking facility shall be designed in such a manner to minimize traffic congestion and interference with traffic movement along public streets; (h) Driveways leading to a public street or public right-of-way or to an internal private roadway, aisle, ramp or parking space shall be of sufficient length and width to accommodate expected vehicle volumes and therefore minimize traffic congestion and interference of traffic movement within the required parking facility and along public streets. The length, width and slope of such driveways shall be based upon accepted engineering roadway design principles; (i) For multiple-unit dwellings, all parking spaces shall be suitably screened from view from adjacent streets, and all required visitor parking spaces shall be clearly marked or signed as such. (3) Driveways for all residential dwellings, excluding multiple unit dwellings, are subject to the following standards: (a) The maximum driveway width within a street area shall be equal to 60% of the site width. Where the parking space(s) is accessed on the flanking side of a corner site, the maximum driveway width may be increased to a maximum of 11 meters. On corner sites, one driveway shall be permitted on each side of the site fronting a street. (b) The maximum driveway coverage on private property shall be 60% of the total front yard area for rectangular sites. The maximum driveway area on private property may be increased to 75% of the total front yard area for non-rectangular sites. (c) Driveway material shall be gravel, decorative stone, or hard surfaced material. 30 (4) Changes in size, layout, or flow of traffic to existing parking facilities or driveways require a Development Permit to confirm the proposed changes comply with this Bylaw and the Traffic Bylaw. 4.7.3 Required Off Street Parking and Loading in Residential and Community Service Districts (1) The minimum off street parking requirements for all Residential and the Community Service Districts are set out in Table 4-1. (2) Unless otherwise specified in this Bylaw, required parking and loading spaces shall be located in side or rear yards only. (3) Each non-residential principal building with a building floor area greater than 500 m2 shall provide one off-street loading space. 31 4.7.4 Required Off Street Parking and Loading in Commercial Districts (1) The minimum off street parking requirements for all Commercial Districts are set out in Table 4-2. (2) Unless otherwise specified in this Bylaw, required parking and loading spaces shall be located in side or rear yards only. (3) Each non-residential principal building with a building floor area greater than 500 m2 shall provide one off-street loading space. 4.7.5 Required Off Street Parking and Loading in Industrial Districts (1) The minimum off street parking requirements for all Industrial Districts are set out in Table 4-3. (2) Unless otherwise specified in this Bylaw, required parking and loading spaces shall be located in side or rear yards only. (3) Each non-residential principal building with a building floor area greater than 500 m2 shall provide one off-street loading space. 32 TABLE 4-1: OFF-STREET PARKING REQUIREMENTS IN RESIDENTIAL AND COMMUNITY SERVICE DISTRICTS Use All R - Residential Districts CS - Community Service District Adult day care 1 space plus 1 space per 5 persons enrolled in the facility 1 space plus 1 space per 5 persons enrolled in the facility Ambulance stations 1 space per 30 m2 of gross floor area, excluding garage area 1 space per 30 m2 of gross floor area, excluding garage area Bed and breakfast homes 1 space plus at least 1 space for visitors 1 space plus at least 1 space for visitors Boarding houses 1 space plus 1 space per 2 rooming units or beds, whichever is greater --- Campgrounds --- 1 space per 93 m2 of total gross floor area of all buildings Cemeteries --- 1 space per 93 m2 of total gross floor area of all buildings Clubs 1 space per 18.5 m2 of gross floor area 1 space per 18.5 m2 of gross floor area Commercial recreation uses --- 1 space per 24 m2 of gross floor area or (for primarily outdoor recreational uses) 1 space per 4 patrons at design capacity Community centres 1 space per 50 m2 of gross floor area 1 space per 50 m2 of gross floor area Convenience stores 1 space per 18.5 m2 of gross floor area 1 space per 18.5 m2 of gross floor area Cultural institutions 1 space per 30 m2 of gross floor area 1 space per 30 m2 of gross floor area Custodial care facilities 1 space plus 1 space per 5 persons enrolled in the facility 1 space plus 1 space per 5 persons enrolled in the facility Day care centres and pre-schools 1 space plus 1 space per 5 persons enrolled in the facility 1 space plus 1 space per 5 persons enrolled in the facility Dwelling groups 1 space per dwelling unit plus 0.5 spaces per dwelling unit for visitors 1 space per dwelling unit plus 0.5 spaces per dwelling unit for visitors Educational institutions --- 1.2 spaces per classroom plus 1 space per 8 students at design capacity Federal, Provincial and Municipal buildings and uses, excluding warehouses and storage yards --- 1 space per 55 m2 of gross floor area 33 TABLE 4-1: OFF-STREET PARKING REQUIREMENTS IN RESIDENTIAL AND COMMUNITY SERVICE DISTRICTS Use All R - Residential Districts CS - Community Service District Federal, Provincial and Municipal warehouses and storage yards --- 1 space per 93 m2 of total gross floor area of all buildings Funeral homes --- 1 space per 10 m2 of gross floor area devoted to public assembly Group homes 1 space plus 1 space per 5 persons enrolled in the facility --- Health care clinics 1 space per 30 m2 of gross floor area 1 space per 30 m2 of gross floor area Home based business - type II 1 space per non-resident employee 1 space per non-resident employee Hotels --- 1 space per guest room plus 1 space per 15 m2 of gross floor area devoted to public assembly plus the applicable number of parking spaces for any other use contained on the site Medical, dental and optical laboratories --- 1 space per 30 m2 of gross floor area Motels --- 1 space per guest room plus 1 space per 15 m2 of gross floor area devoted to public assembly plus the applicable number of parking spaces for any other use contained on the site Multiple unit dwellings 1.5 spaces/unit (Amended by Bylaw 1033/18) 1.5 spaces/unit (Amended by Bylaw 1033/180) Parking lots -- -- Parks and playgrounds -- -- Places of worship 1 space per 10 seats in main assembly area or (where no fixed seating is provided) 1 space per 7.5 m2 of gross floor area devoted to main assembly area 1 space per 10 seats in main assembly area or (where no fixed seating is provided) 1 space per 7.5 m2 of gross floor area devoted to main assembly area Private schools --- 1.2 spaces per classroom plus 1 space per 4 students at design capacity Public elementary schools 1.3 spaces per classroom 1.3 spaces per classroom Public secondary schools 1.5 spaces per classroom plus 1 space per 8 students at design capacity, with parking permitted in a front, side or rear yard 1.5 spaces per classroom plus 1 space per 8 students at design capacity, with parking permitted in a front, side or rear yard 34 TABLE 4-1: OFF-STREET PARKING REQUIREMENTS IN RESIDENTIAL AND COMMUNITY SERVICE DISTRICTS Use All R - Residential Districts CS - Community Service District Public works --- --- Public hospitals --- 1 space per 4 beds plus 1 space per 4 employees Public recreational uses 1 space per 24 m2 of gross floor area or (for primarily outdoor recreational uses) 1 space per 4 patrons at design capacity 1 space per 24 m2 of gross floor area or (for primarily outdoor recreational uses) 1 space per 4 patrons at design capacity Commercial Recreation Uses 1 space per 24m2 of gross floor area (for primarily outdoor activities) 1 space per 4 patrons at design capacity --- Restaurants --- 1 per 4 seats intended for patrons= use Secondary Suites 1 space plus 1 for the secondary suite 1 space plus 1 for the secondary suite Semi-detached / duplex dwellings 1 space per dwelling unit 1 space per dwelling unit Single detached dwellings 1 space per dwelling unit 1 space per dwelling unit Special care homes --- 1 space per 4 beds plus 1 space per 4 employees 35 TABLE 4-2: OFF-STREET PARKING REQUIREMENTS IN COMMERCIAL DISTRICTS Use C1 - Downtown Commercial District C2 - Highway Commercial District Accessory dwelling units 1 space per dwelling unit 1 space per dwelling unit Ambulance stations 1 space per 30 m2 of gross floor area, excluding garage area 1 space per 30 m2 of gross floor area, excluding garage area Animal hospitals --- 1 space per 55 m2 of gross floor area Automobile, marine, etc. sales and service 1 space per 55 m2 of gross floor area 1 space per 55 m2 of gross floor area Automotive / industrial supply stores --- 1 space per 55 m2 of gross floor area Bakeries with retail sales --- 1 space per 55 m2 of gross floor area Bus terminals --- 1 space per 55 m2 of gross floor area Campgrounds --- 1 space per 93 m2 of total gross floor area of all buildings Cannabis Retail Store --- 1 space per 55 m2 of gross floor area (Amended by Bylaw 1128/21) Car washes 3 spaces per bay 3 spaces per bay Clubs --- --- Commercial recreation uses --- 1 space per 55 m2 of gross floor area Community Centres 1 space per 55m2 of gross floor area --- Construction trades --- 1 space per 55 m2 of gross floor area Cultural institutions --- 1 space per 55 m2 of gross floor area Day care centres and pre-schools --- --- Drive-in theatres --- 1 space per 55 m2 of gross floor area Financial institutions --- 1 space per 55 m2 of gross floor area Fire halls --- 1 space per 55 m2 of gross floor area 36 TABLE 4-2: OFF-STREET PARKING REQUIREMENTS IN COMMERCIAL DISTRICTS Use C1 - Downtown Commercial District C2 - Highway Commercial District Funeral homes 1 space per 10 seats in main assembly area or (where no fixed seating is provided) 1 space per 7.5 m2 of gross floor area devoted to main assembly area 1 space per 10 seats in main assembly area or (where no fixed seating is provided) 1 space per 7.5 m2 of gross floor area devoted to main assembly area Gas bars --- 1 space per 55 m2 of gross floor area Health care clinics --- --- Home based businesses - type II 1 space per non-resident employee --- Hotels --- 1 space per guest room plus 1 space per 15 m2 of gross floor area devoted to public assembly plus the applicable number of parking spaces for any other use contained on the site Indoor storage rental facilities --- 1 space per 55 m2 of gross floor area Lumber yards, home improvement centres and building supply establishments --- 1 space per 55 m2 of gross floor area Malls --- 1 space per 55 m2 of gross floor area Motels --- 1 space per guest room plus 1 space per 15 m2 of gross floor area devoted to public assembly plus the applicable number of parking spaces for any other use contained on the site Multiple unit dwellings 1.5 spaces/unit (Amended by Bylaw 1033/18) 1.5 spaces per unit (Amended by Bylaw 1033/18) Night clubs --- 1 space per 55 m2 of gross floor area Nurseries, greenhouses and garden centres --- 1 space per 55 m2 of gross floor area Offices and office buildings --- 1 space per 55 m2 of gross floor area Parking lots --- --- Parks and playgrounds --- --- Personal service shops --- --- 37 TABLE 4-2: OFF-STREET PARKING REQUIREMENTS IN COMMERCIAL DISTRICTS Use C1 - Downtown Commercial District C2 - Highway Commercial District Photography studios --- --- Places of worship 1 space per 10 seats in main assembly area or (where no fixed seating is provided) 1 space per 7.5 m2 of gross floor area devoted to main assembly area --- Police stations --- 1 space per 55 m2 of gross floor area Printing plants and newspaper offices --- 1 space per 10 seats in main assembly area or (where no fixed seating is provided) 1 space per 7.5 m2 of gross floor area devoted to main assembly area Public garages 1 space per 55 m2 of gross floor area 1 space per 55 m2 of gross floor area Public works --- --- Public recreational uses --- 1 space per 55 m2 of gross floor area Radio and television stations --- --- Recycling collection depots --- 1 space per 55 m2 of gross floor area Restaurants --- 1 per 4 seats intended for patrons= use Retail stores --- 1 space per 55 m2 of gross floor area Service stations --- 1 space per 55 m2 of gross floor area Shopping centres --- 1 space per 55 m2 of gross floor area Storage garages --- 1 space per 55 m2 of gross floor area Taverns --- 1 space per 55 m2 of gross floor area Theatres --- --- Tourist information centres and booths --- 1 space per 55 m2 of gross floor area 38 TABLE 4-2: OFF-STREET PARKING REQUIREMENTS IN COMMERCIAL DISTRICTS Use C1 - Downtown Commercial District C2 - Highway Commercial District Trucking operations and freight handling facilities --- 1 space per 55 m2 of gross floor area Veterinary clinics --- 1 space per 55 m2 of gross floor area Warehouses --- 1 space per 55 m2 of gross floor area Welding and machine shops --- 1 space per 55 m2 of gross floor area Wholesale establishments --- 1 space per 55 m2 of gross floor area 39 TABLE 4-3: OFF-STREET PARKING REQUIREMENTS IN INDUSTRIAL DISTRICTS Use M1 - General Industrial District M2 - Limited Service Industrial District Abattoirs 1 space per 93 m2 of gross floor area --- Accessory dwelling units 1 space per dwelling unit 1 space per dwelling unit Animal hospitals 1 space per 55 m2 of gross floor area --- Auction markets, excluding livestock auction facilities 1 space per 93 m2 of gross floor area 1 space per 93 m2 of gross floor area Automobile, marine, etc. sales and service 1 space per 55 m2 of gross floor area --- Beekeeping and honey plants 1 space per 93 m2 of gross floor area --- Bulk fuel dealerships and storage 1 space per 93 m2 of gross floor area --- Bulk fertilizer operations 1 space per 93 m2 of gross floor area --- Car washes 3 spaces per bay --- Cement and concrete plants 1 space per 93 m2 of gross floor area 1 space per 93 m2 of gross floor area Construction trades 1 space per 93 m2 of gross floor area 1 space per 93 m2 of gross floor area Fire halls 1 space per 55 m2 of gross floor area --- Gas bars 1 space per 55 m2 of gross floor area 1 space per 55 m2 of gross floor area Grain elevators 1 space per 93 m2 of gross floor area 1 space per 93 m2 of gross floor area Indoor storage rental facilities 1 space per 93 m2 of gross floor area 1 space per 93 m2 of gross floor area Industrial equipment storage, sales and maintenance 1 space per 93 m2 of gross floor area 1 space per 93 m2 of gross floor area Junk yards and auto wreckers 1 space per 93 m2 of gross floor area 1 space per 93 m2 of gross floor area Livestock auction facilities 1 space per 93 m2 of gross floor area --- 40 TABLE 4-3: OFF-STREET PARKING REQUIREMENTS IN INDUSTRIAL DISTRICTS Use M1 - General Industrial District M2 - Limited Service Industrial District Lumber yards, home improvement centres and building supply establishments 1 space per 55 m2 of gross floor area 1 space per 55 m2 of gross floor area Manufacturing or processing operations 1 space per 93 m2 of gross floor area 1 space per 93 m2 of gross floor area Nurseries, greenhouses and garden centres 1 space per 55 m2 of gross floor area --- Parking lots --- --- Parks and playgrounds --- --- Police stations 1 space per 55 m2 of gross floor area --- Public works --- --- Public garages 1 space per 93 m2 of gross floor area 1 space per 93 m2 of gross floor area Railways and ancillary facilities 1 space per 93 m2 of gross floor area 1 space per 93 m2 of gross floor area Recycling collection depots 1 space per 55 m2 of gross floor area 1 space per 55 m2 of gross floor area Sand and gravel operations 1 space per 93 m2 of gross floor area 1 space per 93 m2 of gross floor area Seed cleaning plants and feed mills 1 space per 93 m2 of gross floor area 1 space per 93 m2 of gross floor area Service stations 1 space per 55 m2 of gross floor area 1 space per 55 m2 of gross floor area Stockyards 1 space per 93 m2 of gross floor area --- Tanneries 1 space per 93 m2 of gross floor area --- Taxidermists 1 space per 93 m2 of gross floor area --- Temporary camps for work crews 1 space per 93 m2 of gross floor area --- Trucking operations and freight handling facilities 1 space per 93 m2 of gross floor area 1 space per 93 m2 of gross floor area 41 TABLE 4-3: OFF-STREET PARKING REQUIREMENTS IN INDUSTRIAL DISTRICTS Use M1 - General Industrial District M2 - Limited Service Industrial District Veterinary clinics 1 space per 55 m2 of gross floor area --- Warehouses and storage yards 1 space per 93 m2 of gross floor area 1 space per 93 m2 of gross floor area Welding and machine shops 1 space per 93 m2 of gross floor area 1 space per 93 m2 of gross floor area Wholesale establishments 1 space per 93 m2 of gross floor area 1 space per 93 m2 of gross floor area 42 4.8 SIGNS All signs shall be subject to the following regulations: 4.8.1 Signs are subject to the Town of Nipawin Sign Bylaw. 4.9 HOME-BASED BUSINESSES 4.9.1 All applications for home based businesses must be considered as a Type I or Type II Home Based Business. The development standards for Type I and Type II home based businesses are contained in Sections 4.9.4 and 4.9.5. 4.9.2 Without limiting the authority of the Development Officer to approve other types of home based business applications, the following uses are specifically permitted as home based businesses, subject to the applicable development standards contained within Sections 4.9.4 and 4.9.5: (1) dressmaker, seamstress, or tailor; (2) office of a professional, or one who offers skilled services to clients and is not engaged in the sale of goods or products to clients; (3) music, dancing, or art instruction, limited to no more than three students at a time; (4) the creation of home crafts for sale off site, such as novelties and souvenirs, corsage and flower arrangements, gift baskets, and other handicrafts including but not limited to ceramics, pottery, leather goods and jewellery; (5) direct sellers who have no personal contact with clients at the home based business address and who maintain no inventory or stock-in-trade for sale on the premises; (6) art restoration; (7) electrology, acupuncture, reflexology, and massage therapy; (8) typing, word processing, and computer programming services; (9) administrative office of a contractor. (10) beauty parlours and barber shops limited to one (1) chair and suntan centres limited to one (1) tanning bed. (Amended by Bylaw 770/01) (11) Dispatch headquarters for taxi service limited to a maximum of two (2) vehicles. (Amended by Bylaw 770/01) (12) Rentals of snow toboggan machines and ATV's limited to a maximum of four (4) units. (Amended by Bylaw 770/01) (13) Small animal grooming services, provided animals are not boarded 43 overnight. (Amended by Bylaw 861/07) 4.9.3 Without limiting the authority of the Development Officer to deny applications for other types of home based businesses which do not meet the requirements of this Bylaw, the following uses are prohibited as home based businesses, whether or not applications for such uses would otherwise comply with the applicable standards of this Bylaw: (1) restaurants or tea rooms; (2) beauty parlours and barber shops with more than one (1) chair, suntan centres with more than one (1) tanning bed, health or fitness clubs, tattoo parlours, photographer's studios, and laundry services; (Amended by Bylaw 770/01). (3) veterinary services, boarding or care of animals; (Amended by Bylaw 861/07) (4) motion picture or recording studios; (5) repair, rental or sharpening services (refers to tools & equipment) ; (6) hotels and hospitals; (7) headquarters, dispatching, or base of operations of a trucking, delivery, or towing operation; (Amended by Bylaw 770/01) (8) the painting, repairing, refitting, refurbishing, or selling of motor vehicles or machinery; (Amended by Bylaw 795/02) (9) welding, metal works, cabinet making or furniture making; (10) on-site sale of any products, goods or merchandise; (11) businesses utilizing large power tools and machinery, or businesses involved in the mass production of similar items or products. 4.9.4 The following development standards shall apply to all Type I Home Based Businesses: (1) No persons other than residents of the dwelling shall be employed in the home based businesses on the site; (2) Home based businesses shall be conducted entirely indoors, and no more than 20% of the gross floor area of the dwelling, including the area of the basement and any attached garage, up to a maximum of 30 m2, may be occupied by home based businesses; (3) An attached garage or detached accessory building may be occupied by a home based business, provided that the total area devoted to home based businesses does not exceed 30 m2 on the site, and that no required parking spaces associated with the principal use are occupied by home based businesses; 44 (4) There shall be no exterior storage on the site in relation to the home based business, and no exterior alterations shall be permitted that are not consistent with the residential character of the buildings and property; (5) No noise, vibration, smoke, dust, odours, heat, glare, electrical, television or radio interference detectable beyond the boundaries of the building containing the home based business shall be produced; (6) No more than one business related vehicle with a gross vehicle weight of no more than 5,000 kg and a total length of no more than 6.0 metres may be stored on or in the vicinity of the site. (7) Regardless of the number of home based businesses that may be located on any one site, a total of no more than five client or business related visits per day shall be made to home based businesses on any one site, and no deliveries of merchandise, goods or equipment shall be made to the businesses by a vehicle with a gross vehicle weight of more than 5,000 kg, or by a vehicle with a total length of more than 6.0 metres; (8) A total of no more than 2.0 cubic metres of storage may be permitted within a dwelling on any one site, and a total of no more than 4.0 cubic metres of storage may be permitted within an attached or detached accessory building in relation to home based businesses. No storage of hazardous, explosive or flammable materials shall be permitted in relation to a home based business. (9) An approved home based business may serve as the administrative headquarters for up to two associates or partners who may be permitted to work from their own dwelling provided they obtain a separate home based business approval, and that they are present at the administrative headquarters no more than two hours in any one week period. 4.9.5 The following development standards shall apply to all Type II Home Based Businesses: (1) In accordance with the definition of a type II home based business, no more than one non-resident person shall be employed in relation to home based businesses on any one site; (2) Home based businesses shall be conducted entirely indoors, and no more than 20% of the gross floor area of the dwelling, including the area of the basement and any attached garage, up to a maximum of 40 m2, may be occupied by home based businesses; (3) An attached garage or detached accessory building may be occupied by home based businesses, provided that the total area devoted to home based businesses does not exceed 40 m2 on the site, and that no required parking spaces associated with the principal use are occupied by home based businesses; (4) There shall be no exterior storage on the site in relation to the home based business, and no exterior alterations shall be permitted that are not consistent with the residential character of the building and property; 45 (5) No noise, vibration, smoke, dust, odours, heat, glare, electrical, television or radio interference detectable beyond the boundaries of the building containing the home based business shall be produced; (6) One paved off-street parking space shall be required for a non-resident employee, and this space may be located in a required front yard. Additional off-street parking spaces may be required, where in the opinion of the Development Officer, due to the nature of the business or the site, the provision of parking is necessary to maintain the residential character of the area. The siting and screening of all required parking spaces shall be undertaken to the satisfaction of the Development Officer; (7) No more than one business related vehicle with a gross vehicle weight of no more than 5,000 kg and a total length of no more than 6.0 metres may be stored on or in the vicinity of the site. (8) Regardless of the number of home based businesses that may be located on any one site, a total of no more than 10 client or business related visits per day shall be made to home based businesses on any one site, and no deliveries of merchandise, goods or equipment shall be made to the businesses by a vehicle with a gross vehicle weight of more than 5,000 kg, or by a vehicle with a total length of more than 6.0 metres; (9) A total of no more than 2.0 cubic metres of storage may be permitted within a dwelling on any one site, and a total of no more than 4.0 cubic metres of storage may be permitted within an attached or detached accessory building in relation to home based businesses. No storage of hazardous, explosive or flammable materials shall be permitted in relation to a home based business. 4.9.6 An approved home based business may serve as the administrative headquarters for up to two associates or partners who may be permitted to work from their own dwelling provided they obtain a separate home based business approval, and that they are present at the administrative headquarters no more than two hours in any one week period. 46 4.10 SPECIAL REGULATIONS AND STANDARDS 4.10.1 Service Stations (1) Fuel pumps and other apparatus for dispensing or storage of fuel, located all or partly above grade level, shall be at least six metres from a site line. (2) All automobile parts, dismantled vehicles and similar articles or equipment are to be stored within a building. (3) Where a service station occupies a corner site, access points shall be a minimum of 6 m from the intersecting street. 4.10.2 Gas Bars (1) Where operated as the principal use on a site, gas bars are subject to the regulations and standards for service stations. (2) Where a gas bar is allowed to operate in conjunction with another use on a site, the following standards and regulations apply: (a) All fuel pumps and above ground storage tanks shall be at least three metres from any building on the site, and six metres from any site line. (b) The site shall have at least two separate entrances for vehicles, at least 15 metres apart. (c) Access to, and parking for, fuel dispensing apparatus shall not obstruct access to the site, or other required off street parking spaces on the site. 4.10.3 Above Ground Fuel Storage Tanks (1) Above-ground fuel storage tanks which meet the standards of the National Fire Code and which have a maximum capacity of 50,000 litres may be permitted in association with service stations, gas bars and other permitted industrial or commercial uses where the dispensing of fuel to vehicles is a standard aspect of the use. (2) The total storage capacity for above-ground fuel storage tanks on any single service station or gas bar site shall not exceed: (a) 250,000 litres for flammable liquids (gasoline); (b) 100,000 litres for combustible liquids (diesel fuel); (c) 100,000 litres of propane. (3) Above-ground fuel storage tanks shall be: 47 (a) located at least 3.0 metres from any property line (6.0 metres for service stations and gas bars) or building, however, for uses other than gas bars and service stations, the 3.0 metre separation distance may be reduced to 1.0 metre for tanks with a capacity of 5,000 litres or less; (b) separated from each other and be accessible for fire fighting purposes to the satisfaction of the Development Officer; (c) at least 15 metres from the boundary of any site within a Residential district; (4) The dispensing equipment associated with above-ground fuel storage tanks shall be located at least 3.0 metres from any property line (6.0 metres for service stations and gas bars), at least 7.5 metres from any open flame or other ignition source, and at least 4.5 metres from any door or window. (5) Above-ground fuel storage tanks shall be protected from vehicles with suitable posts, guardrails or other similar means. (6) At service stations and gas bars, above-ground fuel storage tanks which are located in view of a front or flanking street shall be landscaped or screened to the satisfaction of the Development Officer. (7) The maximum height of an above-ground fuel storage tank shall be limited to the maximum permitted height of a free-standing sign in the zoning district. (8) Painted lettering or other forms of signage may be located on above-ground fuel storage tanks subject to the sign regulations in the zoning district. 4.10.4 Bed and Breakfast Homes (1) A bed and breakfast home may be located in a detached one unit dwelling or in a two-unit dwelling. No exterior alterations shall be undertaken which would be inconsistent with the residential character of the building or property. (2) Required parking spaces may be permitted in a front yard. (3) Section 3.3.2 of this Bylaw shall apply to the review and approval of bed and breakfast homes. 48 4.10.5 Day Care Centres and Pre-Schools (1) Day care centres and pre-schools may be approved as an accessory use or as a principal use. In any residential district, no exterior alterations shall be undertaken to a dwelling or former dwelling which would be inconsistent with the residential character of the building or property. (2) Day care centres or pre-schools which are located in residential districts shall provide at least 3.25 m2 of fenced on-site outdoor play space for each child present in the facility at any one time. (3) Required parking spaces shall not be located in a required front yard. (4) In addition to the development standards contained within the zoning district, Section 3.3.2 of this Bylaw shall apply to the review and approval of day care centres and pre-schools which are listed as discretionary uses. 4.10.6 Family Day Care Homes (1) A family day care home may be located in a detached one-unit dwelling, a unit in a two-unit dwelling or a townhouse. (2) A family day care home shall provide at least 3.25 m2 of fenced on-site outdoor play space for each child present in the facility at any one time. (3) The number of children under care or supervision in a family day care home shall not exceed eight, including the children under 13 years of age who are resident in the dwelling. (4) Required parking spaces may be permitted in a required front yard at the discretion of the Development Officer (Bylaw 1033/18) 4.10.7 Custodial Care Facilities and Residential Care Facilities (1) Custodial care facilities and residential care facilities may be approved as an accessory use or as a principal use. (2) In any residential district, no exterior alterations shall be undertaken to a dwelling or former dwelling which would be inconsistent with the residential character of the building or property. (3) Required parking spaces may be permitted in a required front yard at the discretion of the Development Officer. (Bylaw 1033/18) (4) No building or structure used for the purpose of a custodial care facility or a residential care facility shall be used for the purpose of keeping boarders or lodgers. (5) In addition to the development standards of the zoning district, custodial care facilities and residential care facilities that are listed as discretionary 49 uses shall be reviewed and approved in accordance with Section 3.3.2 of this Bylaw. 4.10.8 Adult Day Care Facilities (1) Adult day care facilities may be approved as an accessory use or as a principal use. (2) In any residential district, no exterior alterations shall be undertaken to a dwelling or former dwelling which would be inconsistent with the residential character of the building or property. (3) Required parking spaces may be permitted in a required front yard at the discretion of the Development Officer. (Bylaw 1033/18) (4) In addition to the development standards of the zoning district, adult day care facilities that are listed as discretionary uses shall be evaluated and developed in accordance with Section 3.3.2 of this Bylaw. 4.10.9 Secondary Suites (1) Secondary suites shall conform to the following regulations: (a) Secondary suites may be located only in detached one unit dwellings; (b) In order to accommodate a secondary suite, the principal building must have a gross floor area, including the area of the basement, of at least 100 m2; (c) No more than one secondary suite may be located in any detached one unit dwelling; (d) The floor area occupied by a secondary suite shall be considered as part of the principal building; (e) A secondary suite shall contain no more than two bedrooms; (f) One off-street parking space is required for a secondary suite in addition to the required off-street parking for the principal dwelling. The off-street parking for the principal dwelling may be located in a required front yard. The parking space required for the secondary suite shall not be located in a required front yard unless the subject site has no access to a rear lane, and shall be surfaced, sited and screened to the satisfaction of the Development Officer; (g) Where a secondary suite has an entrance which is separate from that of the principal dwelling, the entrance may only be located on a side or rear wall of the principal dwelling; 50 (h) Secondary suites shall comply with all relevant requirements of the National Building Code. (2) Section 3.3.2 of this Bylaw shall apply to the review and approval of discretionary use applications for secondary suites. 4.10.10 Cannabis Retail Stores (1) Cannabis Retail Stores shall conform to the following regulations: (a) The property boundary of which a cannabis retail store is proposed shall not be located within 50m of any property boundary of the following principle uses: a. Pre-schools b. Daycare centres c. Public or private schools d. Parks and playgrounds e. Public recreation uses Amended with Bylaw 1208/25 (b) The proponent shall prepare and submit a report in support of the proposed development which confirms the suitability of the development in its proposed location relative to the principle uses identified in clause (1)(a) of this section. (c) Safeguards to prevent odour from affecting nearby properties shall be proposed and may be listed as a condition to permit approval. Cannabis Retail Stores shall comply with all federal and provincial statutes and regulations and applicable municipal bylaws. (Bylaw 1047/18) 4.10.11 Boarding Houses (1) Boarding Houses shall conform to the following regulations: (a) A boarding house may only be located in a single detached dwelling. No exterior alterations shall be undertaken which would be inconsistent with the residential character of the building or property; (b) The proprietor of any boarding house must be a permanent resident of the dwelling in which it operates; (c) All boarding houses must be inspected and approved by the Fire Inspector, the Building Official, and Public Health Inspector in order to ensure compliance with the National Building Code and Town of Nipawin Building Bylaw, or equivalencies as determined by the Development Officer, and are subject to re-inspection at any reasonable time thereafter; (d) Emergency plan shall be prepared; 51 (e) In addition to the development standards of the zoning district, boarding houses listed as discretionary uses shall be evaluated in accordance with Section 3.4-3.8 of this Bylaw; (f) There shall be no kitchen facilities in any room to let; (g) The operator of a boarding house may advertise with a sign following Section 4.8.1 (5) of this Bylaw; (h) Each room to let shall have a minimum floor area of 12.2 square meters (132 sq/ft); and (i) Bathroom facilities shall include: a. a minimum of one bathtub or shower for every ten persons living in the home which is available for all residents to use; b. a sink and a toilet in each tub or shower room; and c. a minimum of one toilet and sink for every five persons living in the home which is available for all the residents to use. 4.11 SERVICING 4.11.1 Subject to 4.11.2 (below), holding or septic tanks are not allowed in the areas of the town which can be serviceable from existing municipal water and sewer lines. 4.11.2 A temporary permit for a holding tank, for grey water only, may be issued by the Public Health Officer of the District Health Board. 4.11.3 Developments outside the serviceable areas shall be connected to a private sewage disposal system approved by the District Health Board. 4.12 STORAGE OF MATERIALS AND UNLICENSED OR INOPERATIVE MOTOR VEHICLES IN RESIDENTIAL DISTRICTS In any Residential District: 4.12.1 No yard shall be used for storage or collection of hazardous material. 4.12.2 No side or front yard shall be used for the storage or collection of goods or materials. 4.12.3 No yard or portion thereof shall be used for the storage of machinery not normally used for the maintenance of the residential property. 4.12.4 Outside storage of partially dismantled or inoperative motor vehicles is not permitted. 4.12.5 Only one unlicensed motor vehicle may be stored on a residential site. 4.13 AREAS WITH DEVELOPMENT CONSTRAINTS 52 4.13.1 Prior to issuing a development permit for an application on land deemed by Council to be environmentally sensitive or hazardous, including but not limited to flood prone lands and any lands on or near potentially unstable slopes, Council shall require that the applicant submit a certified environmental, geotechnical and/or hydrological assessment, prepared by a qualified professional. Such assessment shall address the following: (a) identification of all on-site and relevant off-site environmental constraints on and hazards to development and servicing; (b) identification of all on-site and relevant off-site environmentally sensitive lands; (c) assessment of the impact of the proposed development on the environment (both on the site that is the subject of the application and on any adjacent or nearby sites); (d) assessment of the impact of on-site and/or off-site environmental conditions on the proposed development / use; (e) identification of actions required to prevent, change, mitigate or remedy the adverse effects of the proposed development / use on the environment and/or the adverse effects of the environment on the proposed development. 4.13.2 Actions identified, in an assessment prepared pursuant to 4.13.1, for prevention, change, mitigation or remedy shall be incorporated as conditions to issuance of any development permit that may be issued. 4.14 LANDSCAPE PLANS REQUIRED 4.14.1 The District Schedules set out in Section 6 of this Bylaw set out those principal uses that are subject to landscaping requirements. Prior to issuing a development permit for such uses, Council shall require that the applicant submit a landscape plan. 4.14.2 The required landscape plan shall indicate: (1) All physical features, including both existing and proposed grades. (2) The size and type of existing vegetation to be retained or removed. (3) The size, type, location and quantity of plant material to be provided. (4) The location and type of hard landscaping to be provided, such as walkways, retaining walls, fences, curbs and plazas. (5) The means of irrigation to be provided to plant materials and turf areas (note: Council will favourably consider irrigation plans which incorporate Xeriscaping principles to meet all the requirements contained herein). 53 4.14.3 All plant materials shall be species capable of healthy growth in Nipawin and shall conform to the standards of the Canadian Nursery Trades Association for nursery stock. 4.14.4 All areas set aside for turf and other plant materials shall be provided with adequate means of irrigation, preferably following Xeriscaping principles. 4.14.5 All trees provided at the time of planting shall be a minimum of 50 millimetres caliper for deciduous trees and 2 metres height for coniferous trees. All shrubs provided at the time of planting shall be a minimum height or spread of 600 millimetres. 4.14.6 Continuous raised curbing or pre-cast curbing of not less than 150 millimetres in height shall be placed along the perimeter of any landscaped area abutting a driveway or off-street parking facility. 4.14.7 Landscaped areas provided within any required front or side yard shall not be used for any purpose except for structures or signs otherwise permitted or driveways leading to a parking or loading facility. 4.14.8 The landscaped areas shall be developed by the end of the next growing season after occupancy or partial occupancy of the building or site and shall be suitably maintained in a neat and tidy condition at all times. 4.14.9 Council shall not approve an application for a Development Permit in the event that: (1) A required landscape plan has not been submitted; or (2) The required landscape plan does not, in the opinion of Council, provide for an adequate or suitable degree of soft or hard landscaping capable of enhancing the visual amenity of the site or providing a visual screen where required in this bylaw. 4.15 BUILDINGS OR USES OCCUPYING MORE THAN ONE LOT - Where an application is made for development of a building or use that will occupy more than one lot as herein define, the parcel of land comprised of said lots shall be considered a site for the purposes of administering this bylaw. 4.16 EXISTING BUILDINGS- Where a building has been erected on or before the effective date of this zoning bylaw on a site having less than the minimum frontage or area, or having less than the minimum front yard, side yard or rear yard required in this zoning bylaw, the building may be enlarged, reconstructed, repaired or renovated provided that: (1) the enlargement, reconstruction, repair or renovation does not further reduce the front yard, side yard or rear yard that does not conform to this zoning bylaw; and (2) all other applicable provisions of this zoning bylaw are satisfied. 54 4.17 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 an existing public road. 4.18 BUILDING TO BE MOVED - No building shall be moved within or into the Town of Nipawin without the issuance of a development permit unless such building is exempt under Section 3.2.2 of this zoning bylaw. 55 4.19 DEMOLITION OF BUILDINGS- No building shall be demolished within the Town of Nipawin without the issuance of a development permit. 4.20 GRADING AND LEVELLING OF SITES - Any site for which a development permit has been issued shall be graded and levelled at the applicant's expense to provide for surface drainage which does not adversely affect adjacent property. 4.21 EXISTING DISCRETIONARY USES PERMITTED - Within any zoning district, any existing use which is listed as a discretionary use within the zoning district shall not, as a result of the passage of this Bylaw, be considered non-conforming but shall be a permitted use at that location. The use at that location shall not be changed except in accordance with the provisions of this Bylaw. 4.22 ARCHITECTURAL CONTROLS - Within specific zoning districts, and for all new construction, Council may require development to follow specific architectural controls relating to the aesthetics and / or design of buildings. 4.23 OVERLAY ZONING DISTRICTS - Council may establish Architectural Control (AC) Overlay Districts pursuant to Section 73 of The Planning and Development Act, 2007 and Section 3.1.3 of the Basic Planning Statement. Overlay zoning applies additional development standards to specific lands and are indicated on the Zoning Map with the control symbol AC. These standards add to the regulations contained in the underlying zoning district applicable to a site. Where the zoning district regulations applicable to a site appear to be in conflict with the overlay architectural controls applicable to that site, the overlay architectural controls shall take precedence. 4.24 ARCHITECTURAL CONTROL OVERLAY ZONING 4.24.1 Purpose The purpose of the AC Overlay District is to provide appropriate development standards in order to preserve the physical character of an area and promote a selected design theme for an area. This will serve to develop and protect a sense of integrity of an area and aid in the maintenance of property values and neighbourhood aesthetics. 4.24.2 Development Requirements (1) No use or development of land or buildings is permitted in an AC Overlay District except in accordance with plans which have been approved by Council and which are consistent with the provisions of Section 73 of the Planning and Development Act, 2007 and Section 3.1.3 of the Basic Planning Statement. 4.24.3 Architectural Control District (ACD) Evaluation Criteria Each development within an ACD shall be considered in an individual and a neighbourhood context, so as to preserve the physical character of an area or to maintain the established themes within a subdivision or neighbourhood. 4.24.4 Delegation of Authority (1) Council delegates the authority to approve applications for a Development Permit in an Architectural Control District to the Development Officer. 56 (2) The Development Officer may: (a) issue a Development Permit; (b) deny the issuance of a Development Permit; or (c) issue a Development Permit subject to Terms and Conditions. (3) The Development Officer may issue a Development Permit without review by the Architectural Design Review Committee, for any alteration, renovation or repair to an existing building, where, in the opinion of the Development Officer, the intended changes do not significantly alter an existing building or development, and are in substantial conformance with existing developments. (4) The Development Officer shall notify the applicant of the decision by ordinary mail addressed to the applicant at the address shown on the application form. 4.25 ARCHITECTURAL DESIGN REVIEW COMMITTEE - All applications for a significant development, as determined by the Development Officer, must be reviewed by the Architectural Design Review Committee (ADRC) comprised of three members. Town Council will appoint a pool of members from which three will be selected on a rotational basis by the Development Officer to review development proposals as the need arises. The ADRC cannot be comprised of any members who are, in any way, involved in the development proposal under review. The ADRC will then make recommendations to Town Council regarding the acceptance or rejection of a proposed development. (4.22 to 4.25 Amended by Bylaw 924/11) SECTION 5 - ZONING DISTRICTS 5.1 CLASSIFICATION OF ZONING DISTRICTS In order to carry out the purpose and provisions of this bylaw, the Town is divided into the following Zoning Districts, the boundaries of which are shown on the "Zoning District Map". Such districts may be referred to by the appropriate symbols. Districts Symbols Residential (single unit) R1 Residential (medium density) R1A Residential (single unit and two unit) R2 Residential (multiple unit) R3 Residential (country residential - large sites) R4 Residential (mobile home) R5 Residential (special Gordon Subdivision residential) R6 Community Service CS Commercial (downtown commercial) C1 Commercial (highway commercial C2 Industrial M1 Industrial (limited services) M2 Future Urban Development FUD Restricted Development RD Architectural Control Overlay AC 57 (Amended by Bylaw 924/11) (Amended by Bylaw 1171/23) 5.2 THE ZONING DISTRICT MAP The map, bearing the statement "This is the Zoning Map Drawing No. 2302384-1100-500 A which accompanies Bylaw No. 763/2000 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. (Amended by Bylaws 957/14, 1134/21, 1154/22, 1171/23, 1180/24) 5.3 BOUNDARIES OF ZONING DISTRICTS The boundaries of such districts referred to, together with explanatory legend, notation and reference, are shown on the map entitled "Zoning District Map". Unless otherwise shown, the boundaries of such districts are lot lines, centre lines of streets, lanes, road allowances, and the boundaries of the municipality. In unsubdivided land, the district boundary shall be determined by the scale shown on the map, unless otherwise indicated. Amended by Bylaw 864/07 - Zoning Map dated 12/13/07 5.4 ZONING DISTRICTS The uses or forms of development allowed within a zoning district, along with regulations or standards which apply, are contained in the District Schedules in Section 6. SECTION 6 - DISTRICT SCHEDULES 6.1 R1 - RESIDENTIAL DISTRICT (Low Density Residential) 6.1.1 Permitted Uses The following uses are permitted in the R1 - Residential District: Residential: (1) single detached dwellings Commercial: (2) family day care homes (refer to Section 4.10.6) 58 (3) home based businesses - type I (refer to Section 4.9) (4) residential care facilities - type I (refer to Section 4.10.7) Community Service: (5) community centres (6) places of worship (7) public elementary schools Other: (8) parks and playgrounds (9) public works (excluding offices, warehouses and storage yards) 6.1.2 Discretionary Uses The following uses are discretionary in the R1 - Residential District: Residential: (1) secondary suites (refer to Section 4.10.9) Commercial: (2) adult day care - type I (refer to Section 4.10.8) (3) bed and breakfast homes (refer to Section 4.10.4) (4) day care centres and pre-schools (refer to Section 4.10.5) (5) home-based businesses - type II (refer to Section 4.9) Community Service: (6) public secondary schools 6.1.3 Accessory Buildings and Uses (1) Accessory buildings and uses shall be permitted (refer to Section 4.6 of this Bylaw). 6.1.4 Regulations (1) Site Requirements The minimum site size and yard requirements are shown in Table 6-1. (2) Floor Areas The minimum floor area requirements are shown in Table 6-1. 59 (3) Site Coverage The maximum site coverage requirements are shown in Table 6-1. 6.1.5 Standards for Discretionary Uses In addition to other applicable regulations or standards contained in this bylaw, the following shall apply to discretionary uses in the R1-Residential District: (1) All discretionary uses shall maintain the residential character of the area as much as possible. (2) Secondary schools shall, where possible, be located on corner sites to facilitate access. 6.1.6 Exceptions to Development Standards (1) Where, on a corner site, a side yard of at least 6 metres is provided along the flanking street for a single detached dwelling, the minimum rear yard requirement is reduced to 3 metres. 6.1.7 Landscaping Requirements (refer to Section 4.14) (1) Landscaping requirements in the R1 - Residential District apply to those principal uses noted on Table 6-1. (2) For those uses in the R1 - Residential District for which landscaping is required, a landscaped strip of not less than 5 metres in depth throughout, lying parallel to and abutting the front site line shall be provided across the full frontage of the site., and shall be used for no purpose except landscaping and necessary driveway access to the site. (3) On corner sites, in addition to the landscaping required in the front yard, the whole of any required side yard abutting the flanking street and not required for driveway access to the site, shall be landscaped. 60 TABLE 6-1: R1 RESIDENTIAL DISTRICT SITE AND FLOOR AREA REGULATIONS AND LANDSCAPING REQUIREMENTS Principal Use Minimum Site Area (m2) Minimum Site Frontage (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Minimum Building Floor Area (m2) Maximum Site Coverage (%) Landscaping Required With rear lane Without rear lane With rear lane Without rear lane Interior site Corner site Single detached dwellings 360 495 12 15 7.5 1.5(2) 7.5 4.5 120 40 NO Residential care facilities - type I 360 495 12 15 7.5 1.5(2) 7.5 4.5 120 40 YES Community centres C C C C 7.5 3.5(1) 7.5 7.5 140 50 YES Places of worship C C C C 7.5 3.5(1) 7.5 7.5 140 50 YES Public elementary schools C C C C 7.5 3.5(1) 7.5 7.5 140 50 YES Parks and playgrounds C C C C 7.5 1.5(2) 7.5 7.5 C 10 NO Public works C C C C 7.5 3.5(1) 7.5 4.5 C 50 NO Adult day care - type I 360 495 12 15 7.5 1.5(2) 7.5 4.5 120 40 YES Bed and breakfast homes 360 495 12 15 7.5 1.5(2) 7.5 4.5 120 40 YES Day care centres and pre-schools 360 495 12 15 7.5 1.5(2) 7.5 7.5 120 40 YES Public secondary schools C C C C 7.5 3.5(1) 7.5 7.5 140 50 YES Notes: (1) or one-half the building height, whichever is greater (2) except for corner lots, where it shall be 3 m along the flanking street (3) except in the case of two storey dwellings, where the minimum floor area at grade level shall be 83m2 (896 sq. ft) 61 6.1A.1 R1A - RESIDENTIAL DISTRICT (Medium Density Residential) 6.2.1A.1 Permitted Uses The following uses are permitted in the R1A - Residential District: Residential: (1) single detached dwellings Commercial: (2) family day care homes (refer to Section 4.10.6) (3) home based businesses - type I (refer to Section 4.9) (4) residential care facilities - type I (refer to Section 4.10.7) Other: (5) parks and playgrounds (6) public works (excluding offices, warehouses and storage yards) 6.1A.2 Discretionary Uses The following uses are discretionary in the R1B- Residential District: Residential: (1) semi-detached dwellings (2) multiple unit dwellings (townhouses) (3) secondary suites (refer to Section 4.10.9) Commercial: (4) adult day care - type I (refer to Section 4.10.8) (5) bed and breakfast homes (refer to Section 4.10.4) (6) day care centres and pre-schools (refer to Section 4.10.5) (7) home-based businesses - type II (refer to Section 4.9) 62 Community Service: (8) community centres (9) places of worship 6.1A.3 Accessory Buildings and Uses (1) Accessory buildings and uses shall be permitted (refer to Section 4.6 of this Bylaw). 6.1A.4 Regulations (1) Site Requirements The minimum site size and yard requirements are shown in Table 6- 1A. (2) Floor Areas The minimum floor area requirements are shown in Table 6-1A. (3) Site Coverage The maximum site coverage requirements are shown in Table 6-1A. 6.1A.5 Standards for Discretionary Uses In addition to other applicable regulations or standards contained in this bylaw, the following shall apply to discretionary uses in the R1A - Residential District: (1) All discretionary uses shall maintain the residential character of the area as much as possible. (2) Day care centres and preschools, community centres, and places of worship shall, where possible, be located on corner sites to facilitate access. 6.1A.6 Exceptions to Development Standards (1) Where, on a corner site, a side yard of at least 6 metres is provided for a single detached, semi-detached, or duplex dwelling along the flanking street, the minimum rear yard requirement is reduced to 3 metres. (Bylaw 1033/18) 6.1A.7 Landscaping Requirements (refer to Section 4.14) 63 (1) Landscaping requirements in the R1A - Residential District apply to those principal uses noted on Table 6-1A. (2) For those uses in the R1A - Residential District for which landscaping is required, a landscaped strip of not less than 5 metres in depth throughout, lying parallel to and abutting the front site line shall be provided across the full frontage of the site., and shall be used for no purpose except landscaping and necessary driveway access to the site. (3) On corner sites, in addition to the landscaping required in the front yard, the whole of any required side yard abutting the flanking street and not required for driveway access to the site, shall be landscaped. (Amended by Bylaw 1171/23) 64 TABLE 6-1A: R1A RESIDENTIAL DISTRICT SITE AND FLOOR AREA REGULATIONS AND LANDSCAPING REQUIREMENTS Principal Use Minimum Site Area (m2) Minimum Site Frontage (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Minimum Building Floor Area (m2) Maximum Site Coverage (%) Landscaping Required With rear lane Without rear lane With rear lane Without rear lane Interior site Corner site Single detached dwellings 360 495 15 15 7.5 1.5(3) 7.5 4.5 120(5) 40 NO Semi-detached dwellings 275/unit 315/unit 7.5/unit 7.5/unit 7.5 1.5(3)(4) 7.5 7.5 80/unit 40 YES Multiple unit dwellings (town houses) 200/unit 200/unit 6/unit 6/unit 7.5 3.5(2) 6 6 70/unit 40 YES Residential care facilities - type I 360 495 15 19 7.5 1.5(3) 7.5 4.5 120 40 YES Parks and playgrounds - - - - 7.5 1.5(3) 7.5 7.5 - 10 NO Public works - - - - 7.5 3.5(1) 7.5 4.5 - 50 NO Community centres - - - - 7.5 3.5(1) 7.5 7.5 140 50 YES Adult day care - type I 360 495 15 19 7.5 1.5(3) 7.5 4.5 120 40 YES Bed and breakfast homes 360 495 12 15 7.5 1.5(3) 7.5 4.5 120 40 YES Day care centres and pre-schools 360 495 12 15 7.5 3 7.5 7.5 97.5 50 YES Notes: (1) or one-half the building height, whichever is greater. (2) No side yard shall be required for a townhouse unit with two shared common walls. (3) except for corner lots, where it shall be 3 m along the flanking street (4) except where a semi-detached residential building is located such that each dwelling unit is on a separate lot, there is no side yard requirement along the common wall (5) except in the case of two storey dwellings, where the minimum floor area at grade level shall be 83 m2 (896 sq. ft)" (Amended by Bylaw 1171/23) 65 6.2 R2 - RESIDENTIAL DISTRICT (Moderate Density Residential) 6.2.1 Permitted Uses The following uses are permitted in the R2 - Residential District: Residential: (1) semi-detached or duplex dwellings (2) single detached dwellings Commercial: (3) adult day care - type I (refer to Section 4.10.6) (4) family day care homes (refer to Section 4.10.6) (5) home based businesses - type I (refer to Section 4.9) (6) residential care facilities - type I (refer to Section 4.10.7) Community Service: (7) community centres (8) places of worship (9) public elementary and secondary schools Other: (10) parks and playgrounds (11) public works (excluding offices, warehouses and storage yards) 6.2.2 Discretionary Uses The following uses are discretionary in the R2 - Residential District: Residential: (1) multiple unit dwellings (2) secondary suites (refer to Section 4.10.9) (3) dwelling groups (Amended by Bylaw 964/14) 66 Commercial: (3) adult day care - type II (refer to Section 4.10.8) (4) bed and breakfast homes (refer to Section 4.10.4) (5) convenience stores, but without associated gas bars. Computer sales and services shall be included as an auxiliary use to a convenience store (Amended by Bylaw 817/04) (6) day care centres and pre-schools (refer to Section 4.10.5) (7) health care clinics (8) home-based businesses - type II (refer to Section 4.9) (9) residential care facilities - type II (refer to Section 4.10.7) (10) boarding house (refer to Section 4.10.11) Community Service: (11) ambulance stations (12) cultural institutions (13) custodial care facilities (refer to Section 4.10.7) (14) group homes (15) public recreational uses Other: (16) clubs (17) parking lots 6.2.3 Accessory Buildings and Uses (1) Accessory buildings and uses shall be permitted (refer to Section 4.6 of this Bylaw). 6.2.4 Regulations (1) Site Requirements The minimum site size and yard requirements are shown in Table 6-2. (2) Floor Areas The minimum floor area requirements are shown in Table 6-2. (3) Site Coverage The maximum site coverage requirements are shown in Table 6-2. 67 6.2.5 Standards for Discretionary Uses In addition to other applicable regulations or standards contained in this bylaw, the following shall apply to discretionary uses in the R2-Residential District: (1) All discretionary uses shall maintain the residential character of the area as much as possible. (2) Convenience Stores shall be located on corner sites only. 6.2.6 Exceptions to Development Standards (1) Where, on a corner site, a side yard of at least 6 metres is provided for a single detached, semi-detached, or duplex dwelling along the flanking street, the minimum rear yard requirement is reduced to 3 metres. (Bylaw 1033/18) 6.2.7 Landscaping Requirements (refer to Section 4.14) (1) Landscaping requirements in the R2 - Residential District apply to those principal uses noted on Table 6-1. (2) For those uses in the R2 - Residential District for which landscaping is required, a landscaped strip of not less than 5 metres in depth throughout, lying parallel to and abutting the front site line shall be provided across the full frontage of the site., and shall be used for no purpose except landscaping and necessary driveway access to the site. (3) On corner sites, in addition to the landscaping required in the front yard, the whole of any required side yard abutting the flanking street and not required for driveway access to the site, shall be landscaped. 68 TABLE 6-2: R2 RESIDENTIAL DISTRICT SITE AND FLOOR AREA REGULATIONS AND LANDSCAPING REQUIREMENTS Principal Use Minimum Site Area (m2) Minimum Site Frontage (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Minimum Building Floor Area (m2) Maximum Site Coverage (%) Landscaping Required With rear lane Without rear lane With rear lane Without rear lane Interior site Corner site Duplex dwellings (per unit) (1095/20) 255 315 7.5 10.5 7.5 1.5(6) 7.5 7.5 80 40 NO Semi-detached dwellings (per unit) (1095/20) 255 315 7.5 10.5 7.5 1.5(6)(7) 7.5 7.5 50 40 NO Single detached dwellings 360 495 12 15 7.5 1.5(6) 7.5 4.5 83 40 NO Adult day care - type I and II 360 495 12 15 7.5 1.5(6) 7.5 4.5 97.5 40 YES Residential care facilities - type I 360 495 12 15 7.5 1.5(6) 7.5 4.5 97.5 40 YES Community centres - - - - 7.5 3.5(1) 7.5 7.5 140 50 YES Places of worship - - - - 7.5 3.5(1) 7.5 7.5 140 50 YES Public elementary / secondary schools - - - - 7.5 3.5(1) 7.5 7.5 140 50 YES Parks and playgrounds - - - - 7.5 1.5(6) 7.5 7.5 - 10 NO Public works - - - - 7.5 3.5(1) 7.5 4.5 - 50 NO Multiple unit dwellings (3) (apartments) 650(2) 650(2) 21 21 7.5 3.5(1) 6 6 --- 50 YES Multiple unit dwellings (town houses) (per unit) 180 180 6 6 7.5 3.5(4) 6 6 75 40 YES Bed and breakfast homes 360 495 12 15 7.5 1.5(6) 7.5 4.5 97.5 40 YES Convenience stores 360 360 12 15 7.5 3 7.5 7.5 111.5 60 YES Day care centres and pre-schools 360 360 12 15 7.5 3 7.5 7.5 97.5 50 YES 69 TABLE 6-2: R2 RESIDENTIAL DISTRICT SITE AND FLOOR AREA REGULATIONS AND LANDSCAPING REQUIREMENTS Principal Use Minimum Site Area (m2) Minimum Site Frontage (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Minimum Building Floor Area (m2) Maximum Site Coverage (%) Landscaping Required With rear lane Without rear lane With rear lane Without rear lane Interior site Corner site Health care clinics 360 360 12 15 7.5 3 7.5 7.5 110 60 YES Residential care facilities - type II 360 495 12 15 7.5 3 7.5 7.5 110 50 YES Ambulance stations 360 360 12 15 7.5 3 7.5 7.5 - 50 YES Cultural institutions - - - - 7.5 3.5(1) 7.5 7.5 140 50 YES Custodial care facilities 360 495 12 15 7.5 3 7.5 7.5 97.5 40 YES Group homes 360 495 12 15 7.5 1.5(6) 7.5 4.5 97.5 40 YES Public recreational uses - - - - 7.5 3.5(1) 7.5 7.5 140 50 YES Clubs 360 495 12 15 7.5 3 7.5 7.5 97.5 50 YES Parking lots 360 495 12 15 7.5 3 7.5 4.5 - - YES(5) Boarding Houses 360 495 15 15 7.5 1.5(6) 7.5 4.5 97.5 40 NO Notes: (1) or one-half the building height, whichever is greater. (2) plus 93 m2 for each storey in excess of 3. (3) (Amended by Bylaw 765/00) (4) No side yard shall be required for a townhouse unit with two shared common walls. (5) Where a parking lot abuts any site used for residential purposes without an intervening lane, there shall be a strip of land adjacent to the abutting site line of not less than 1.5 m depth throughout, which shall not be used for any purpose except landscaping and shall be landscaped (6) except for corner lots, where it shall be 3 m along the flanking street (7) except where a semi-detached residential building is located such that each dwelling unit is on a separate lot, there is no side yard requirement along the common wall (8) except in the case of two storey dwellings, where the minimum floor area at grade level shall be 53 m2 (576 sq. ft) 70 6.3 R3 - RESIDENTIAL DISTRICT 6.3.1 Permitted Uses The following uses are permitted in the R3 - Residential District: Residential: (1) multiple unit dwellings (2) semi-detached or duplex dwellings (3) single detached dwellings Commercial: (4) adult day care - types I and II (refer to Section 4.10.8) (5) family day care homes (refer to Section 4.10.6) (6) home based businesses - type I (refer to Section 4.9) (7) residential care facilities - types I and II (refer to Section 4.10.7) Community Service: (8) community centres (9) places of worship (9-1) nurseries, greenhouses and garden centres (Amended by Bylaw 817/04) Other: (10) parks and playgrounds (11) public works (excluding offices, warehouses and storage yards) 6.3.2 Discretionary Uses The following uses are discretionary in the R3 - Residential District: Residential: (1) boarding houses (2) dwelling groups (3) secondary suites (refer to Section 4.10.9) Commercial: (4) bed and breakfast homes (refer to Section 4.10.4) (5) convenience stores, with or without associated gas bars (refer to Sections 4.10.2 and 4.10.3) (6) day care centres and pre-schools (refer to Section 4.10.5) 71 (7) health care clinics (8) home-based businesses - type II (refer to Section 4.9) (9) residential care facilities - type III (refer to Section 4.10.7) Community Service: (10) ambulance stations (11) cultural institutions (12) custodial care facilities (refer to Section 4.10.7) (13) group homes (14) public recreational uses (15) public elementary and secondary schools (15-1) catering halls (Amended by Bylaw 973/14) (15-2) commercial recreation uses (Amended by Bylaw 1037/18) Other: (16) clubs (17) parking lots 6.3.3 Accessory Buildings and Uses (1) Accessory buildings and uses shall be permitted (refer to Section 4.6 of this Bylaw). 6.3.4 Regulations (1) Site Requirements The minimum site size and yard requirements are shown in Table 6-3. (2) Floor Areas The minimum floor area requirements are shown in Table 6-3. (3) Site Coverage The maximum site coverage requirements are shown in Table 6-3. 6.3.5 Standards for Discretionary Uses In addition to other applicable regulations or standards contained in this bylaw, the following shall apply to discretionary uses in the R3-Residential District: (1) All discretionary uses shall maintain the residential character of the area as much as possible. (2) Schools shall, where possible, be located on corner sites to facilitate access. 72 (3) Boarding houses are subject to the following standards: (a) Each resident of a rooming house must be provided with a minimum of 14 square metres of private living space. (c) Each resident must have access to a heated bathroom, and one bathroom must be provided for each 6 persons in the house. (4) Dwelling groups are subject to the following additional standards: (a) The minimum side and rear yards of 3.5 m or 2 the building height shall be measured from the closest main wall of the principal building closest to the side or rear site line, respectively. (b) All principal buildings forming part of the group shall be located at least 3.5 m from any other principal building in the group. (c) The site area shall provide at least 350 square metres for each dwelling unit in the group located at grade level plus 65 square metres for any dwelling unit located above the main floor. (d) Council may apply special development standards regarding yard requirements to ensure compatibility with adjacent development. (6) Convenience Stores and Gas Bars (a) Convenience stores, with or without associated gas bars, shall be located on corner sites only. (b) Gas bars will be permitted only in association with convenience stores. (7) Commercial Recreation Uses (a) Shall, where possible, be located on corner sites to facilitate access. (b) Shall be landscaped with vegetation that, when mature, is large enough to adequately reduce visual impact of the facility from neighbouring properties. Landscaping and/or screening acceptable to Council shall be provided in all yards facing a public roadway. (c) Parking lots abutting a residential property shall be screened with a fence or hedge at least 1.8m in height. 73 6.3.6 Exceptions to Development Standards (1) Where, on a corner site, a side yard of at least 6 metres is provided for a single detached, semi-detached, or duplex dwelling along the flanking street, the minimum rear yard requirement is reduced to 3 metres. (Bylaw 1033/18) 6.3.7 Landscaping Requirements (refer to Section 4.14) (1) Landscaping requirements in the R3 - Residential District apply to those principal uses noted on Table 6-3. (2) For those uses in the R3 - Residential District for which landscaping is required, a landscaped strip of not less than 5 metres in depth throughout, lying parallel to and abutting the front site line shall be provided across the full frontage of the site., and shall be used for no purpose except landscaping and necessary driveway access to the site. (3) On corner sites, in addition to the landscaping required in the front yard, the whole of any required side yard abutting the flanking street and not required for driveway access to the site, shall be landscaped. 74 TABLE 6-3: R3 RESIDENTIAL DISTRICT SITE AND FLOOR AREA REGULATIONS AND LANDSCAPING REQUIREMENTS Principal Use Minimum Site Area (m2) Minimum Site Frontage (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Minimum Building Floor Area (m2) Maximum Site Coverage (%) Landscaping Required With rear lane Withou t rear lane With rear lane Without rear lane Interior site Corner site Multiple unit dwellings (apartments) 3 650(2) 650(2) 21 21 7.5 3.5(1) 6 6 --- 50 YES Multiple unit dwellings (town houses) (per unit) (1089/19) 180 180 6 6 7.5 3.5(5) 6 6 50 40 YES Duplex dwellings (per unit) (1095/20) 255 315 7.5 10.5 7.5 1.5(6) 7.5 7.5 80 40 NO Semi-detached dwellings (per unit) (1095/20) 255 315 7.5 10.5 7.5 1.5(6)(7) 7.5 7.5 50 40 NO Single detached dwellings 360 495 12 15 7.5 1.5(6) 7.5 4.5 83 40 NO Adult day care - type I and II 360 495 12 15 7.5 1.5(6) 7.5 4.5 97.5 40 YES Residential care facilities - type I 360 495 12 15 7.5 1.5(6) 7.5 4.5 97.5 40 YES Residential care facilities - type II 360 495 12 15 7.5 3 7.5 7.5 110 50 YES Community centres C C C C 7.5 3.5(1) 7.5 7.5 140 50 YES Places of worship C C C C 7.5 3.5(1) 7.5 7.5 140 50 YES Parks and playgrounds C C C C 7.5 1.5(6) 7.5 7.5 C 10 NO Public works C C C C 7.5 3.5(1) 7.5 4.5 C 50 NO Boarding houses 360 495 12 15 7.5 1.5 7.5 4.5 97.5 40 NO Dwelling groups 2000 2000 C C 7.5 3.5(1) 3.5(1) 3.5(1) C 40 YES Bed and breakfast homes 360 495 12 15 7.5 1.5(6) 7.5 4.5 97.5 40 YES Convenience stores 360 360 12 15 7.5 3 7.5 7.5 110 60 YES 75 TABLE 6-3: R3 RESIDENTIAL DISTRICT SITE AND FLOOR AREA REGULATIONS AND LANDSCAPING REQUIREMENTS Principal Use Minimum Site Area (m2) Minimum Site Frontage (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Minimum Building Floor Area (m2) Maximum Site Coverage (%) Landscaping Required With rear lane Withou t rear lane With rear lane Without rear lane Interior site Corner site Day care centres and pre-schools 360 360 12 15 7.5 3 7.5 7.5 97.5 50 YES Health care clinics 360 360 12 15 7.5 3 7.5 7.5 110 50 YES Residential care facilities - type III 360 495 12 15 7.5 3 7.5 7.5 140 50 YES Ambulance stations 360 360 12 15 7.5 3 7.5 7.5 --- 50 YES Cultural institutions --- --- --- --- 7.5 3.5(1) 7.5 7.5 140 50 YES Custodial care facilities 360 495 12 15 7.5 3 7.5 7.5 97.5 40 YES Group homes 360 495 12 15 7.5 1.5(6) 7.5 4.5 97.5 40 YES Public recreational uses --- --- --- --- 7.5 3 7.5 7.5 140 50 YES Public elementary and secondary schools --- --- --- --- 7.5 3.5(1) 7.5 7.5 140 50 YES Clubs 360 495 12 15 7.5 3 7.5 7.5 97.5 50 YES Catering Halls Bylaw 984/15 550 550 15 15 7.5 3.5(1) 7.5 7.5 140 50 YES Commercial Recreation Uses Bylaw 1037/18 --- --- --- --- 7.5 3(1) 7.5 7.5 140 50 YES Notes: (1) or one-half the building height, whichever is greater. (2) plus 93 m2 for each storey in excess of 3. (3) (Amended by Bylaw 765/00) (4) No side yard shall be required for a townhouse unit with two shared common walls. (5) Where a parking lot abuts any site used for residential purposes without an intervening lane, there shall be a strip of land adjacent to the abutting site line of not less than 1.5 m depth throughout, which shall not be used for any purpose except landscaping and shall be landscaped (6) except for corner lots, where it shall be 3 along the flanking street (7) except where a semi-detached residential building is located such that each dwelling unit is on a separate lot, there is no side yard requirement along the common wall. (8) except in the case of two storey dwellings, where the minimum floor area at grade level shall be 53m2 (576 sq. ft) 80% of the minimum floor area for single detached dwellings 76 6.4 R4 - RESIDENTIAL DISTRICT 6.4.1 Permitted Uses The following uses are permitted in the R4 - Residential District: Residential: (1) single detached dwellings Commercial: (2) family day care homes (refer to Section 4.10.6) (3) home based businesses - type I (refer to Section 4.9) (4) residential care facilities - type I (refer to Section 4.10.7) Community Service: (5) community centres (6) places of worship Other: (7) parks and playgrounds (8) public works (excluding offices, warehouses and storage yards) 6.4.2 Discretionary Uses The following uses are discretionary in the R4 - Residential District: Residential: (1) secondary suites (refer to Section 4.10.9) Commercial: (2) adult day care - type I (refer to Section 4.10.8) (3) bed and breakfast homes (refer to Section 4.10.4) (4) day care centres and pre-schools (refer to Section 4.10.5) (5) home-based businesses - type II (refer to Section 4.9) Community Service (1) Catering Halls (Amended by Bylaw 973/14) 77 6.4.3 Accessory Buildings and Uses (1) Accessory buildings and uses shall be permitted (refer to Section 4.6 of this Bylaw). (2) Notwithstanding the terms contained in the definition of "accessory building or use" for shipping containers, shipping containers may be placed in this district without being required to be retrofitted to look like typical storage sheds. Bylaw 1171/23 6.4.4 Regulations (1) Site Requirements The minimum site size and yard requirements are shown in Table 6-4. (2) Floor Areas The minimum floor area requirements are shown in Table 6-4. (3) Site Coverage The maximum site coverage requirements are shown in Table 6-4. 6.4.5 Standards for Discretionary Uses In addition to other applicable regulations or standards contained in this bylaw, the following shall apply to discretionary uses in the R4-Residential District: (1) All discretionary uses shall maintain the residential character of the area as much as possible. 6.4.6 Landscaping Requirements (refer to Section 4.14) (1) Landscaping requirements in the R4 - Residential District apply to those principal uses noted on Table 6-4. (2) For those uses in the R4 - Residential District for which landscaping is required, a landscaped strip of not less than 5 metres in depth throughout, lying parallel to and abutting the front site line shall be provided across the full frontage of the site., and shall be used for no purpose except landscaping and necessary driveway access to the site. (3) On corner sites, in addition to the landscaping required in the front yard, the whole of any required side yard abutting the flanking street and not required for driveway access to the site, shall be landscaped. 78 TABLE 6-4: R4 RESIDENTIAL DISTRICT SITE AND FLOOR AREA REGULATIONS AND LANDSCAPING REQUIREMENTS Principal Use Minimum Site Area (m2) Minimum Site Frontage (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Minimum Building Floor Area (m2) Maximum Site Coverage (%) Landscaping Required With rear lane Without rear lane With rear lane Without rear lane Interior site Corner site Single detached dwellings 1500 1500 30 30 7.5 3 7.5 7.5 120 C NO Residential care facilities - type I 4500 4500 45.7 45.7 7.5 3 7.5 7.5 97.5 C YES Community centres C C C C 7.5 3.5(1) 7.5 7.5 140 20 YES Places of worship C C C C 7.5 3.5(1) 7.5 7.5 140 20 YES Parks and playgrounds C C C C 7.5 3 7.5 7.5 C 5 NO Public works C C C C 7.5 3.5(1) 7.5 7.5 C 50 NO Adult day care - type I 4500 4500 45.7 45.7 7.5 3 7.5 7.5 97.5 C YES Bed and breakfast homes 4500 4500 45.7 45.7 7.5 3 7.5 7.5 C C YES Day care centres and pre-schools 4500 4500 45.7 45.7 7.5 3 7.5 7.5 97.5 C YES Catering Halls Bylaw 984/15 550 550 15 15 7.5 3.5(1) 7.5 7.5 140 50 YES Notes: (1) or one-half the building height, whichever is greater (2) except in the case of two storey dwellings, where the minimum floor area at grade level shall be 83m2 (896 sq. ft) 79 6.5 R5 - RESIDENTIAL DISTRICT 6.5.1 Permitted Uses The following uses are permitted uses in the R5 - Residential District: Residential: (1) mobile homes Commercial: (2) family day care homes (refer to Section 4.10.6) (3) home based businesses - type I (refer to Section 4.9) Community Service: (4) community centres (5) places of worship (6) public elementary schools Other: (7) parks and playgrounds (8) public works (excluding offices, warehouses and storage yards) 6.5.2 Discretionary Uses The following uses are discretionary in the R5 - Residential District: Commercial: (1) adult day care - type I (refer to Section 4.10.8) (2) convenience stores, but without associated gas bars (3) day care centres and pre-schools (refer to Section 4.10.5) (4) home-based businesses - type II (refer to Section 4.9) (5) laundromats (6) mobile home courts Community Service: (7) public secondary schools (8) catering halls 6.5.3 Accessory Buildings and Uses (1) Accessory buildings and uses shall be permitted (refer to Section 4.6 of this Bylaw). 80 6.5.4 Regulations (1) Site Requirements The minimum site size and yard requirements are shown in Table 6-5. (2) Floor Areas The minimum floor area requirements are shown in Table 6-5. (3) Site Coverage The maximum site coverage requirements are shown in Table 6-5. 6.5.5 Standards for Discretionary Uses In addition to other applicable regulations or standards contained in this bylaw, the following shall apply to discretionary uses in the R5-Residential District: (1) All discretionary uses shall maintain the residential character of the area as much as possible. (2) Off street parking spaces for day care centres, pre-school nurseries and places of worship, shall be located in a side or rear yard and shall be screened if they abut a site used for residential purposes. (3) Places of worship shall, where possible, be located on corner sites to facilitate access. (4) Mobile Home Courts are subject to the following standards: (a) Road rights of way within mobile home courts shall be at least 15m in width, with hard-surfaced roadways of a minimum 6m in width, and drained. (b) A minimum of ten per cent (10%) of the area of the mobile home court shall be set aside as communal open space or devoted to recreation facilities. (c) All site and yard requirements for mobile homes in the R5 - Residential District shall apply to individual mobile home sites within a mobile home court. (d) The Public Health Act, and the Regulations passed thereunder, shall be complied with in respect to all operations and development of a mobile home court. (5) Convenience Stores shall be located on corner sites only. 81 6.5.6 Landscaping Requirements (refer to Section 4.14) (1) Landscaping requirements in the R5 - Residential District apply to those principal uses noted on Table 6-5. (2) For those uses in the R5 - Residential District for which landscaping is required, a landscaped strip of not less than 5 metres in depth throughout, lying parallel to and abutting the front site line shall be provided across the full frontage of the site., and shall be used for no purpose except landscaping and necessary driveway access to the site. (3) On corner sites, in addition to the landscaping required in the front yard, the whole of any required side yard abutting the flanking street and not required for driveway access to the site, shall be landscaped. 82 TABLE 6-5: R5 RESIDENTIAL DISTRICT SITE AND FLOOR AREA REGULATIONS AND LANDSCAPING REQUIREMENTS Principal Use Minimum Site Area (m2) Minimum Site Frontage (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Minimum Building Floor Area (m2) Maximum Site Coverage (%) Landscaping Required With rear lane Without rear lane With rear lane Without rear lane Interior site Corner site Mobile homes 360 495 12 15 7.5 1.5(4) 1.5(1) 1.5(1) 80 40 NO Community centres C C C C 7.5 3.5 (2) 7.5 7.5 140 50 YES Places of worship C C C C 7.5 3.5 (2) 7.5 7.5 140 50 YES Public elementary schools C C C C 7.5 3.5 (2) 7.5 7.5 140 50 YES Parks and playgrounds C C C C 7.5 1.5(4) 7.5 7.5 C 10 NO Public works C C C C 7.5 3.5 (2) 7.5 7.5 C 50 NO Adult day care - type I 360 495 12 15 7.5 1.5(4) 1.5(1) 1.5(1) 80 40 YES Convenience stores 360 360 12 15 7.5 3 7.5 7.5 110 60 YES Day care centres and pre-schools 360 495 12 15 7.5 1.5(4) (1) (1) 80 40 YES Laundromats 360 360 12 15 7.5 3 7.5 7.5 110 60 YES Mobile home courts 5000 5000 C C (3) (3) (3) (3) C (3) YES Public secondary schools C C C C 7.5 3.5 (2) 7.5 7.5 140 50 YES Catering Halls Bylaw 984/15 550 550 15 15 7.5 3.5(1) 7.5 7.5 140 50 YES Notes: (1) with a rear lane; where there is no rear lane, the minimum rear yard shall be 3 m. (2) or one-half the building height, whichever is greater. (3) Refer to Section 6.5.5 (4). (4) except for corner lots, where it shall be 3 along the flanking street 83 6.6 R6 - RESIDENTIAL DISTRICT (Special Gordon Subdivision Residential) 6.6.1 Permitted Uses The following uses are permitted uses in the R6 - Residential District: Commercial: (1) family day care homes (refer to Section 4.10.6) (2) home based businesses - type I (refer to Section 4.9) Other: (3) parks and playgrounds (4) public works (excluding offices, warehouses and storage yards) 6.6.2 Discretionary Uses The following uses are discretionary in the R6 - Residential District: Residential: (1) mobile homes (2) single detached dwellings Commercial: (3) adult day care - type I, as accessory uses to permitted dwellings only (refer to Section 4.10.8) (4) day care centres and pre-schools, as accessory uses to permitted dwellings only (refer to Section 4.10.5) (5) home-based businesses - type II (refer to Section 4.9) 6.6.3 Accessory Buildings and Uses (1) Accessory buildings and uses shall be permitted (refer to Section 4.6 of this Bylaw). 6.6.4 Regulations (1) Site Requirements The minimum site size and yard requirements are shown in Table 6-6. (2) Floor Areas The minimum floor area requirements are shown in Table 6-6. 84 (3) Site Coverage The maximum site coverage requirements are shown in Table 6-6. 6.6.5 Standards for Discretionary Uses In addition to other applicable regulations or standards contained in this bylaw, the following shall apply to discretionary uses in the R6-Residential District: (1) Off street parking spaces for day care centres, pre-school nurseries and places of worship, shall be located in a side or rear yard and shall be screened if they abut a site used for residential purposes. 6.6.6 Landscaping Requirements (refer to Section 4.14) (1) Landscaping requirements in the R6 - Residential District apply to those principal uses noted on Table 6-6. (2) For those uses in the R6 - Residential District for which landscaping is required, a landscaped strip of not less than 5 metres in depth throughout, lying parallel to and abutting the front site line shall be provided across the full frontage of the site., and shall be used for no purpose except landscaping and necessary driveway access to the site. (3) On corner sites, in addition to the landscaping required in the front yard, the whole of any required side yard abutting the flanking street and not required for driveway access to the site, shall be landscaped. 85 TABLE 6-6: R6 RESIDENTIAL DISTRICT SITE AND FLOOR AREA REGULATIONS AND LANDSCAPING REQUIREMENTS Principal Use Minimum Site Area (m2) Minimum Site Frontage (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Minimum Building Floor Area (m2) Maximum Site Coverage (%) Landscaping Required With rear lane Without rear lane With rear lane Without rear lane Interior site Corner site Parks and playgrounds --- --- --- --- 7.5 1.5(1) 7.5 7.5 --- 10 NO Public works --- --- --- --- 7.5 3.5(2) 7.5 4.5 --- 50 NO Mobile homes 360 495 12 15 7.5 1.5(1) 7.5 4.5 68 40 NO Single detached dwellings 360 495 12 15 7.5 1.5(1) 7.5 4.5 68 40 NO Notes: (1) except for corner lots, where it shall be 3 along the flanking street (2) or one-half the building height, whichever is greater. (3) except in the case of two storey dwellings, where the minimum floor area at grade level shall be 53 m2 (576 sq. ft) 82 6.7 CS - COMMUNITY SERVICE DISTRICT 6.7.1 Permitted Uses The following uses are permitted in the CS - Community Service District: Community Service: (1) ambulance stations (2) cemeteries (3) community centres (4) cultural institutions (5) educational institutions (6) private schools (7) Federal, Provincial and Municipal buildings and uses, but excluding warehouses and storage yards (8) public elementary and secondary schools (9) public hospitals (10) public recreational uses (11) places of worship (12) special care homes (12-1) catering halls Commercial: (13) adult day care - types I and II (refer to Section 4.10.8) (14) day care centres and pre-schools (refer to Section 4.10.5) (15) health care clinics (16) family day care homes (refer to Section 4.10.6) (17) home based businesses - type I (refer to Section 4.9) (18) medical, dental and optical laboratories (19) residential care facilities - types I, II and III (refer to Section 4.10.7) Other: (20) clubs (21) parks and playgrounds (22) public works, excluding warehouses and storage yards 6.7.2 Discretionary Uses The following uses are discretionary uses in the CS - Community Service District: Community Service: (1) Federal, Provincial and Municipal warehouses and storage yards 83 Commercial: (2) bed and breakfast homes (refer to Section 4.10.4) (3) campgrounds (4) commercial recreation uses (5) convenience stores, with or without associated gas bars (refer to Sections 4.10.2 and 4.10.3) (6) custodial care facilities (refer to Section 4.10.6) (7) funeral homes (8) home based businesses - type II (refer to Section 4.9) (9) hotels (10) motels (11) restaurants, with or without associated lounges Residential: (12) dwelling groups (13) multiple unit dwellings (14) secondary suites (refer to Section 4.10.9) (15) semi-detached or duplex dwellings (16) single detached dwellings Other: (17) parking lots 6.7.3 Accessory Uses (1) Accessory buildings and uses shall be permitted (refer to Section 4.6 of this Bylaw). 6.7.4 Regulations (1) Site Requirements The minimum site size and yard requirements are shown on Table 6-7. (2) Floor Areas The minimum floor area requirements are shown on Table 6-7. (3) Site Coverage The maximum site coverage requirements are shown on Table 6-7. 84 6.7.5 Standards for Discretionary Uses In addition to other applicable regulations or standards contained in this bylaw, the following shall apply to discretionary uses in the CS-Community Service District: (1) Dwelling groups are subject to the following additional standards: (a) The minimum side and rear yards of 3.5 m or 2 the building height shall be measured from the closest main wall of the principal building closest to the side or rear site line, respectively. (b) All principal buildings forming part of the group shall be located at least 3.5 m from any other principal building in the group. (c) The site area shall provide at least 350 square metres for each dwelling unit in the group located at grade level plus 65 square metres for any dwelling unit located above the main floor. (d) Council may apply special development standards regarding Ayard requirements@ to ensure compatibility with adjacent development. (6) Convenience Stores and Gas Bars (a) Convenience stores, with or without associated gas bars, shall be located on corner sites only. (b) Gas bars will be permitted only in association with convenience stores. 6.7.6 Exceptions to Development Standards (1) Where, on a corner lot, a side yard of at least 6 metres is provided for a single detached, semi-detached, or duplex dwelling along the flanking street, the minimum rear yard requirement is reduced to 3 metres. (Bylaw 1033/18) (2) Council may exempt side yard requirement to permit the joint use of facilities and for purposes of: i) Providing enclosed pedestrian walkways between public and private facilities and/or their sites. ii) Accommodating public Joint Use Facilities. and with consideration given to the extent of the joined construction and provided that all fire safety requirements are met. 85 6.7.7 Landscaping Requirements (refer to Section 4.14) (1) Landscaping requirements in the CS - Community Service District apply to those principal uses noted on Table 6-7. (2) For those uses in the CS - Community Service District for which landscaping is required, a landscaped strip of not less than 5 metres in depth throughout, lying parallel to and abutting the front site line shall be provided across the full frontage of the site., and shall be used for no purpose except landscaping and necessary driveway access to the site. (3) On corner sites, in addition to the landscaping required in the front yard, the whole of any required side yard abutting the flanking street and not required for driveway access to the site, shall be landscaped. 86 TABLE 6-7: CS COMMUNITY SERVICE DISTRICT SITE AND FLOOR AREA REGULATIONS AND LANDSCAPING REQUIREMENTS Principal Use Minimum Site Area (m2) Minimum Site Frontage (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Minimum Building Floor Area (m2) Maximum Site Coverage (%) Landscaping Required With rear lane Without rear lane With rear lane Without rear lane Interior site Corner site Ambulance stations 360 360 12 15 7.5 3 7.5 7.5 --- 50 YES Cemeteries --- C C C C 3 (1) 3 3 --- --- NO Community centres --- --- --- --- 7.5 3.5 (1) 7.5 7.5 140 50 YES Cultural institutions --- --- --- --- 7.5 3.5 (1) 7.5 7.5 140 50 YES Educational institutions 360 495 12 15 7.5 3.5 (1) 7.5 7.5 140 50 YES Private schools 360 495 12 15 7.5 3.5 (1) 7.5 7.5 140 50 YES Federal, Provincial and Municipal buildings and uses, excluding warehouses and storage yards Federal, Provincial, Municipal warehouses & storage yards (Amended by Bylaw 765/00) 360 360 360 360 12 12 15 15 7.5 7.5 3 (1) 3.0(1) 7.5 7.5 7.5 7.5 110 --- 60 60 YES YES Public elementary and secondary schools --- --- --- --- 7.5 3.5 (1) 7.5 7.5 140 50 YES Public hospitals --- --- --- --- --- 3 (1) 3 3 --- --- YES Public recreational uses --- --- --- --- 7.5 3.5 (1) 7.5 7.5 140 50 YES Places of worship --- --- --- --- 7.5 3.5 (1) 7.5 7.5 140 50 YES Special care homes --- --- --- --- 7.5 3.5 (1) 3 3 --- 50 YES Adult day care - types I and II 360 495 12 15 7.5 1.5 (1) 7.5 4.5 97.5 40 YES 87 TABLE 6-7: CS COMMUNITY SERVICE DISTRICT SITE AND FLOOR AREA REGULATIONS AND LANDSCAPING REQUIREMENTS Principal Use Minimum Site Area (m2) Minimum Site Frontage (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Minimum Building Floor Area (m2) Maximum Site Coverage (%) Landscaping Required With rear lane Without rear lane With rear lane Without rear lane Interior site Corner site Day care centres and pre-schools 360 360 12 15 7.5 3 7.5 7.5 97.5 50 YES Health care clinics 360 360 12 15 7.5 3 7.5 7.5 110 50 YES Medical, dental and optical laboratories 360 495 12 15 7.5 3 7.5 7.5 110 50 YES Residential care facilities - type I 360 495 12 15 7.5 1.5 (6) 7.5 4.5 97.5 40 YES Residential care facilities - type II 360 495 12 15 7.5 3 7.5 7.5 110 50 YES Residential care facilities - type III 360 495 12 15 7.5 3 7.5 7.5 140 50 YES Clubs 360 495 12 15 7.5 3 7.5 7.5 97.5 50 YES Parks and playgrounds --- --- --- --- 7.5 1.5 (6) 7.5 7.5 --- 10 NO Public works --- --- --- --- 7.5 3.5 (6) 7.5 4.5 --- 50 NO Federal, Provincial and Municipal warehouses and storage yards Bed and breakfast homes 360 495 12 15 7.5 1.5 (6) 7.5 4.5 97.5 40 YES Campgrounds --- --- --- --- 7.5 3 7.5 7.5 --- --- YES Commercial recreation uses 360 360 12 15 7.5 3 7.5 7.5 140 50 YES Convenience stores 360 360 12 15 7.5 3 7.5 7.5 110 60 YES 88 TABLE 6-7: CS COMMUNITY SERVICE DISTRICT SITE AND FLOOR AREA REGULATIONS AND LANDSCAPING REQUIREMENTS Principal Use Minimum Site Area (m2) Minimum Site Frontage (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Minimum Building Floor Area (m2) Maximum Site Coverage (%) Landscaping Required With rear lane Without rear lane With rear lane Without rear lane Interior site Corner site Custodial care facilities 360 495 12 15 7.5 3 7.5 7.5 97.5 40 YES Funeral homes 360 495 12 15 7.5 3 7.5 7.5 140 50 YES Hotels 360 360 12 15 7.5 3 (1) 7.5 7.5 110 60 YES Motels 360 360 12 15 7.5 3 (1) 7.5 7.5 110 60 YES Restaurants 360 360 12 15 7.5 3 (1) 7.5 7.5 110 60 YES Dwelling groups 2000 2000 --- --- 7.5 3.5 (1) 3.5 (1) 3.5 (1) --- 40 YES Multiple unit dwellings (apartments) 650 (3) 650 (3) 21 21 7.5 3.5 (1) 6 6 --- 50 YES Multiple unit dwellings (townhouses) 180 180 6 6 7.5 3.5 (4) 6 6 75 40 YES Semi-detached/duplex dwellings 255 315 7.5 10.5 7.5 1.5 (6) (7) 7.5 4.5 80 40 NO Single detached dwellings 360 495 12 15 7.5 1.5 7.5 4.5 97.5 40 NO Parking lots 360 495 12 15 7.5 3 7.5 4.5 --- --- YES (5) Catering Halls Bylaw 984/15 550 550 15 15 7.5 3.5(1) 7.5 7.5 140 50 YES Notes: (1) or one-half the building height, whichever is greater. (2) (Amended by Bylaw 765/00) (3) Plus 93 m2 for each storey in excess of 3. (4) No side yard shall be required for a townhouse unit with two shared common walls. (5) Where a parking lot abuts any site used for residential purposes without an intervening lane, there shall be a strip of land adjacent to the abutting site line of not less than 1.5 m depth throughout, which shall not be used for any purpose except landscaping and shall be landscaped (6) Except for corner lots, where it shall be 3 along the flanking street (7) Except where a semi-detached residential building is located such that each dwelling unit is on a separate lot, there is no side yard requirement along the common wall. 89 6.8 C1 - COMMERCIAL DISTRICT (Downtown Commercial) 6.8.1 Permitted Uses The following uses are permitted uses in the C1 - Commercial District: Commercial: (1) bakeries with retail sales (2) bus terminals (3) commercial recreation uses, excluding curling or skating rinks or golf courses (4) financial institutions (5) funeral homes (6) gas bars (refer to Sections 4.10.2 and 4.10.3) (7) health care clinics (8) hotels (9) motels (10) medical, dental and optical laboratories (11) motels (12) night clubs (13) offices and office buildings (14) personal service shops (15) photography studios (16) printing plants and newspaper offices (17) radio and television stations (18) restaurants, with or without associated lounges (19) retail stores (20) service stations (refer to Sections 4.10.1 and 4.10.3) (21) taverns (22) theatres Community Service: (23) ambulance stations (24) cultural institutions (25) fire halls (26) police stations (27) public recreational uses (28) public works excluding warehouses and storage yards (29) community centres Other: (29) parks and playgrounds 90 6.8.2 Discretionary Uses A. Commercial: (1) automobile sales and service establishments, excluding the sales and service of mobile home trailers (refer to Section 4.10.3) (2) car washes (3) malls (4) public garages (refer to Section 4.10.3) (5) shopping centres (6) veterinary clinics (7) Day care centres and pre-schools (Amended by bylaw 909/10) (8) Cannabis retail store (Amended by bylaw 1047/18) B. Community Service: (1) places of worship (2) catering halls (3) seasonal shelter (Amended by bylaw 2000/25) (4) year-round shelter (Amended by bylaw 2000/25) C. Residential: (1) Podium Dwelling (2) multiple unit dwellings, but excluding townhouses or row houses (3) Single detached dwellings, subject to the following development requirements: (i) The lot regulations of the R2 - Residential District specified for single detached dwellings shall apply. (ii) Permits for new dwelling construction will only be considered for the replacement of a single detached dwelling located on the lot. (iii) Permitted accessory uses of the R2 - Residential District shall also apply. D. Other: (1) clubs (2) parking lots (Amended by 853/06 - All of Section 6.8.2) 6.8.3 Accessory Uses 91 (1) Accessory buildings and uses shall be permitted (refer to Section 4.6 of this Bylaw). 6.8.4 Regulations (1) Site Requirements The minimum site size and yard requirements are shown in Table 6-8. (2) All business shall be conducted and all goods stored wholly within an enclosed building, except as required in the servicing of motor vehicles. 6.8.5 Standards for Discretionary Uses In addition to other applicable regulations or standards contained in this bylaw, the following shall apply to discretionary uses in the C1-Commercial District: (Amended by Bylaw 1005/16) (1) All operations shall comply with all regulations of Saskatchewan Environment and Resource Management and Saskatchewan labour which govern their operation and development. (Amended by Bylaw 853/06) (2) Podium Dwellings shall have a minimum floor area of 37.1 m2 (400 sq/ft) (Bylaw 1033/18) (3) Shelters must have side yard fencing when there is an existing residence in the vicinity. (Amended by bylaw 2000/25) 6.8.6 Landscaping Requirements (refer to Section 4.14) (1) Landscaping requirements in the C1 - Commercial District apply to those principal uses noted on Table 6-8. (2) For those uses in the C1 - Commercial District for which landscaping is required, a landscaped strip of not less than 5 metres in depth throughout, lying parallel to and abutting the front site line shall be provided across the full frontage of the site., and shall be used for no purpose except landscaping and necessary driveway access to the site. (3) On corner sites, in addition to the landscaping required in the front yard, the whole of any required side yard abutting the flanking street and not required for driveway access to the site, shall be landscaped. (4) All outside storage permitted pursuant to (a), above, shall be fenced, and where the area abuts a Residential District without an intervening street or 92 lane, the storage area shall be screened with a solid fence or hedge at least 1.8 metres in height. 6.8.7 Door Swing Encroachments Entrance Doors or other moveable barriers, whether in the open or closed positions, are not permitted to be an encroachment. (Amended by Bylaw 962/14) 93 TABLE 6-8: C1 COMMERCIAL DISTRICT SITE AND FLOOR AREA REGULATIONS AND LANDSCAPING REQUIREMENTS Principal Use Minimum Site Area (m2) Minimum Site Frontage (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Minimum Building Floor Area (m2) Maximum Site Coverage (%) Landscaping Required With rear lane Without rear lane With rear lane Without rear lane Interior site Corner site Bakeries with retail sales 230 230 7.5 7.5 --- C (1) C (2) C (2) --- --- NO Bus terminals 450 450 15 15 --- C (1) C (2) C (2) --- --- NO Commercial recreation uses 230 230 7.5 7.5 --- C (1) C (2) C (2) --- --- NO Community Centres 450 450 15 15 --- C(1) C(2) C(2) --- --- NO Day care centres and pre-schools 230 230 7.5 7.5 --- C (1) C (2) C (2) --- --- YES Financial institutions 230 230 7.5 7.5 --- C (1) C (2) C (2) --- --- NO Funeral homes 450 450 15 15 --- C (1) C (2) C (2) --- --- NO Gas bars 930 930 27 27 7.5 C (1) C (2) C (2) --- --- YES Health care clinics 230 230 7.5 7.5 --- C (1) C (2) C (2) --- --- NO Hotels 450 450 15 7.5 --- C (2) C (2) C (2) --- --- YES Motels 450 450 15 7.5 7.5 3 7.5 7.5 --- --- YES Night clubs 230 230 7.5 7.5 --- C (1) C (2) C (2) --- --- NO Office buildings 230 230 7.5 7.5 --- C (1) C (2) C (2) --- --- NO Personal service shops 230 230 7.5 7.5 --- C (1) C (2) C (2) --- --- NO Photography studios 230 230 7.5 7.5 --- C (1) C (2) C (2) --- --- NO Printing plants and newspaper offices 230 230 7.5 7.5 --- C (1) C (2) C (2) --- --- NO 94 TABLE 6-8: C1 COMMERCIAL DISTRICT SITE AND FLOOR AREA REGULATIONS AND LANDSCAPING REQUIREMENTS Principal Use Minimum Site Area (m2) Minimum Site Frontage (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Minimum Building Floor Area (m2) Maximum Site Coverage (%) Landscaping Required With rear lane Without rear lane With rear lane Without rear lane Interior site Corner site Radio and television stations 230 230 7.5 7.5 --- C (1) C (2) C (2) --- --- NO Restaurants 230 230 7.5 7.5 --- C (1) C (2) C (2) --- --- NO Retail stores 230 230 7.5 7.5 --- C (1) C (2) C (2) --- --- NO Service stations 930 930 27 27 7.5 C (1) C (2) C (2) --- --- YES Taverns 230 230 7.5 7.5 --- C (1) C (2) C (2) --- --- NO Theatres --- --- --- --- --- C (1) -3 -3 --- --- NO Ambulance stations --- --- --- --- --- C (1) C (2) C (2) --- --- NO Cultural institutions 230 230 7.5 7.5 --- C (1) C (2) C (2) --- --- NO Fire halls --- --- --- --- --- C (1) C (2) C (2) --- --- NO Police stations --- --- --- --- --- C (1) C (2) C (2) --- --- NO Public recreational uses --- --- --- --- --- C (1) C (2) C (2) --- --- NO Public works --- --- --- --- --- C (1) C (2) C (2) --- --- NO Parks and playgrounds --- --- --- --- --- C (1) C (2) C (2) --- 10 NO Automobile sales and service 900 900 30 30 7.5 C (1) C (2) C (2) --- 90 YES Car washes 450 450 15 15 7.5 C (1) C (2) C (2) --- --- YES Malls 450 450 15 15 --- C (1) -3 -3 180 --- NO 95 TABLE 6-8: C1 COMMERCIAL DISTRICT SITE AND FLOOR AREA REGULATIONS AND LANDSCAPING REQUIREMENTS Principal Use Minimum Site Area (m2) Minimum Site Frontage (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Minimum Building Floor Area (m2) Maximum Site Coverage (%) Landscaping Required With rear lane Without rear lane With rear lane Without rear lane Interior site Corner site Public garages 450 450 15 15 7.5 C (1) C (2) C (2) --- --- YES Shopping centres 900 900 30 30 7.5 3 -3 -3 350 --- YES Places of worship --- --- --- --- 7.5 3 -3 -3 140 50 YES Multiple unit dwellings 650 650 20 20 4.5 Amended by 852/06 3.0 Amended by 852/06 C (2) C (2) --- 60 YES Clubs 230 230 7.5 7.5 --- C (1) C (2) C (2) --- --- NO Parking lots 450 450 15 15 5 C (1) C (2) C (2) --- --- YES (4) Catering Halls 550 550 15 15 7.5 3.5(1) 7.5 7.5 140 50 YES Veterinary Clinics 450 450 15 15 7.5 3 C(1) C(1) 140 50 YES Cannabis Retail Store 230 230 7.5 7.5 --- C (1) C(2) C(2) --- --- NO *Amended by Bylaw 765/00 Notes: (1) except, where the site is adjacent to any R District, the minimum side yard shall be 1.5 m or ½ the building height, which ever is greater. (2) except, where the site is adjacent to any R District with no intervening lane the minimum rear yard shall be 6 m, and where the site is separated from any R District by a lane only, the minimum rear yard shall be equivalent to 10% of the depth of the site. (3) 10% of the depth of the site. (4) Where a parking lot abuts any site used for residential purposes without an intervening lane, there shall be a strip of land adjacent to the abutting site line of not less than 1.5 m depth throughout, which shall not be used for any purpose except landscaping and shall be landscaped 96 6.9 C2 - COMMERCIAL DISTRICT (Highway Commercial) 6.9.1 Permitted Uses The following uses are permitted in the C2 - Commercial District: A. Commercial / Industrial: (1) animal hospitals (2) automobile, marine, recreational vehicle and equipment, agricultural equipment and mobile home sales and service establishments (refer to Section 4.10.3) (3) automotive and industrial supply stores (4) bus terminals (refer to Section 4.10.3) (5) car washes (6) drive-in theatres (7) gas bars (refer to Sections 4.10.2 and 4.10.3) (8) hotels (9) lumber yards, home improvement centres and building supply establishments (10) motels (11) nurseries, greenhouses and garden centres (12) parking lots (13) public garages (refer to Section 4.10.3) (14) restaurants, with or without associated lounges (15) service stations (refer to Sections 4.10.1 and 4.10.3) (16) veterinary clinics (17) wholesale establishments (18) financial institutions (19) malls (20) retail stores (21) shopping centres b. Community Service: (1) ambulance stations (2) cultural institutions (3) fire halls (4) police stations (5) public works (6) catering halls C. Other: (1) parks and playgrounds 97 6.9.2 Discretionary Uses The following uses are discretionary uses in the C2 - Commercial District: A. Commercial / Industrial: (1) campgrounds (2) commercial recreation uses (3) construction trades (4) funeral homes (5) indoor storage rental facilities (6) night clubs (7) recycling collection depots (8) storage garages (9) taverns (10) trucking operations and freight handling facilities (refer to Section 4.10.3) (11) warehouses (12) welding and machine shops (13) medical, dental and optical laboratories and offices (Amended by Bylaw 830/05) (14) health care clinics (Amended by Bylaw 906/10) (15) cannabis retail store (Amended by Bylaw 1128/21) B. Community Service: (1) public recreational uses (2) tourist information centres and booths (3) places of worship (Amended by Bylaw 925/11) C. Residential: (1) Podium Dwelling units accessory to permitted uses and integrated as part of principal buildings for the use of owners or managers. (2) Single detached dwellings subject to the following development requirements: (i) The lot regulations of the R2 - Residential District specified for single detached dwellings shall apply. (ii) Permits for new dwelling construction will only be considered for the replacement of a single detached dwelling located on the lot. (iii) Permitted accessory uses of the R2 - Residential District shall also apply. (Amended by Bylaw 831/05) (3) dwelling groups - subject to the following development requirements: (i) the Regulations and Standards for Discretionary Uses from the R3 - Residential District shall apply. (ii) the R3 Residential District Site and Floor Area Regulations and Landscaping Requirements shall apply 98 (iii) the additional standards applicable to dwelling groups as described in Section 6.3.5(4) may be applied to a development at the discretion of Council. (Amended by Bylaw 874/08) (4) bare land units - subject to the following development requirements: (i) Area minimum: 180 square meters. (Amended by Bylaw 874/08) 6.9.3 Accessory Uses (1) Accessory buildings and uses shall be permitted (refer to Section 4.6 of this Bylaw). 6.9.4 Regulations (1) Site Requirements The minimum site size and yard requirements are shown in Table 6-9. 6.9.5 Standards for Discretionary Uses In addition to other applicable regulations or standards contained in this bylaw, the following shall apply to discretionary uses in the C2-Commercial District: (1) Sites used for discretionary uses which may result in heavy truck traffic shall be located to ensure that such traffic takes access to or from major streets or designated truck routes. (2) All operations shall comply with all regulations of Saskatchewan Environment and Resource Management and Saskatchewan Labour which govern their operation and development. (2) Podium Dwellings shall have a minimum floor area of 37.1 m2 (400 sq/ft). (Bylaw 1033/18) 6.9.6 Landscaping Requirements (refer to Section 4.14) (1) Landscaping requirements in the C2 - Commercial District apply to those principal uses noted on Table 6-9. (2) For those uses in the C2 - Commercial District for which landscaping is required, a landscaped strip of not less than 5 metres in depth throughout, lying parallel to and abutting the front site line shall be provided across the full frontage of the site., and shall be used for no purpose except landscaping and necessary driveway access to the site. (3) On corner sites, in addition to the landscaping required in the front yard, the whole of any required side yard abutting the flanking street and not required for driveway access to the site, shall be landscaped. 99 (4) Except for areas used solely for display of products for sale, all outside storage shall be fenced and, where the site abuts any R District without an intervening street or lane, all such outside storage areas shall be screened with a solid fence or hedge at least 1.8 metres in height. 100 TABLE 6-9: C2 COMMERCIAL DISTRICT SITE AND FLOOR AREA REGULATIONS AND LANDSCAPING REQUIREMENTS Principal Use Minimum Site Area (m2) Minimum Site Frontage (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Minimum Building Floor Area (m2) Maximum Site Coverage (%) Landscaping Required With rear lane Without rear lane With rear lane Without rear lane Interior site Corner site Animal hospitals 930 930 27 27 7.5 3 (1) (1) --- --- YES Automobile, marine, etc. sales and service 930 930 27 27 7.5 3 (1) (1) --- --- YES Automotive / industrial supply stores 450 450 15 15 7.5 3 (1) (1) --- --- YES Bus terminals 930 930 27 27 7.5 3 (1) (1) --- --- YES Car washes 450 450 15 15 7.5 3 (1) (1) --- --- YES Drive-in theatres 930 930 27 27 7.5 3 (1) (1) --- --- YES Gas bars 930 930 27 27 7.5 3 (1) (1) --- --- YES Hotels 930 930 27 27 7.5 3 (1) (1) --- --- YES Lumber yards, home improvement centres and building supply establishments 930 930 27 27 7.5 3 (1) (1) --- --- YES Motels 930 930 27 27 15 3 (1) (1) --- --- YES Nurseries, greenhouses and garden centres 930 930 27 27 7.5 3 (1) (1) --- --- YES Parking lots 450 450 15 15 7.5 3 (1) (1) --- --- YES Public garages 450 450 15 15 7.5 3 (1) (1) --- --- YES Restaurants 450 450 15 15 7.5 3 (1) (1) --- --- YES 101 TABLE 6-9: C2 COMMERCIAL DISTRICT SITE AND FLOOR AREA REGULATIONS AND LANDSCAPING REQUIREMENTS Principal Use Minimum Site Area (m2) Minimum Site Frontage (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Minimum Building Floor Area (m2) Maximum Site Coverage (%) Landscaping Required With rear lane Without rear lane With rear lane Without rear lane Interior site Corner site Service stations 930 930 27 27 7.5 3 (1) (1) --- --- YES Veterinary clinics 450 450 15 15 7.5 3 (1) (1) --- --- YES Wholesale establishments 930 930 27 27 7.5 3 (1) (1) --- --- YES Ambulance stations --- --- --- --- 7.5 3 (1) (1) --- --- YES Cultural institutions 930 930 27 27 7.5 3 (1) (1) --- --- YES Fire halls --- --- --- --- 7.5 3 (1) (1) --- --- YES Police stations --- --- --- --- 7.5 3 (1) (1) --- --- YES Public works --- --- --- --- 7.5 3 (1) (1) --- --- YES Parks and playgrounds --- --- --- --- --- 3 (1) (1) --- --- NO Campgrounds --- --- --- --- 7.5 3 (1) (1) --- --- YES Commercial recreation uses --- --- --- --- 7.5 3 (1) (1) --- --- YES Construction trades 930 930 27 27 7.5 3 (1) (1) --- --- YES Financial institutions 450 450 15 15 7.5 3 (1) (1) --- --- YES Funeral homes 450 450 15 15 7.5 3 (1) (1) --- --- YES Indoor storage rental facilities 930 930 27 27 7.5 3 (1) (1) --- --- YES Malls 900 900 27 27 7.5 3 (1) (1) 180 --- YES Night clubs 450 450 15 15 7.5 3 (1) (1) --- --- YES 102 TABLE 6-9: C2 COMMERCIAL DISTRICT SITE AND FLOOR AREA REGULATIONS AND LANDSCAPING REQUIREMENTS Principal Use Minimum Site Area (m2) Minimum Site Frontage (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Minimum Building Floor Area (m2) Maximum Site Coverage (%) Landscaping Required With rear lane Without rear lane With rear lane Without rear lane Interior site Corner site Recycling collection depots 450 450 15 15 7.5 3 (1) (1) --- --- YES Retail stores 450 450 15 15 7.5 3 (1) (1) --- --- YES Shopping centres 900 900 27 27 15 3 (1) (1) 350 --- YES Storage garages 930 930 27 27 7.5 3 (1) (1) --- --- YES Taverns 450 450 15 15 7.5 3 (1) (1) --- --- YES Trucking operations and freight handling facilities 930 930 27 27 7.5 3 (1) (1) --- --- YES Warehouses 930 930 27 27 7.5 3 (1) (1) --- --- YES Welding and machine shops 930 930 27 27 7.5 3 (1) (1) --- --- YES Public recreational uses --- --- --- --- 7.5 3 (1) (1) --- --- YES Tourist information centres and booths --- --- --- --- 7.5 3 (1) (1) --- --- YES Health Care Clinics 230 230 15 15 7.5 3 (1) (1) --- --- YES Places of Worship 7.5 3 (3) (3) 140 50% YES Catering Halls 550 550 15 15 7.5 3.5(1) 7.5 7.5 140 50 YES Cannabis retail store (Amended by Bylaw 1128/21) 450 450 15 15 7.5 3 (1) (1) - 50% YES Notes: (1) 10% of the depth of the site 103 6.10 M1 - INDUSTRIAL DISTRICT (General Industrial) 6.10.1 Permitted Uses The following uses are permitted in the M1 - Industrial District: Industrial / Commercial: (1) animal hospitals (2) auction markets, excluding livestock auction facilities (3) automobile, marine, recreational vehicle and equipment, agricultural equipment and mobile home sales and service establishments (refer to Section 4.10.3) (4) bulk fertilizer operations (5) car washes (6) construction trades (7) gas bars (refer to Section 4.10.2 and 4.10.3) (8) grain elevators (9) indoor storage rental facilities (10) industrial equipment storage, sales and maintenance (11) lumber yards and building supply establishments (12) parking lots (13) public garages (14) railways and ancillary facilities (15) recycling collection depots (16) seed cleaning plants and feed mills (17) service stations (refer to Sections 4.10.1 and 4.10.3) (18) trucking operations and freight handling facilities (19) veterinary clinics (20) warehouses and storage yards (21) welding and machine shops Community Service: (24) fire halls (25) police stations (26) public works Other: (27) parks and playgrounds 104 6.10.2 Discretionary Uses The following uses are discretionary uses in the M1 - Industrial District: Industrial / Commercial: (1) abattoirs (2) beekeeping and honey plants (3) junk yards and auto wreckers (4) livestock auction facilities (5) nurseries, greenhouses and garden centres (6) sand and gravel operations (7) stockyards (8) tanneries (9) taxidermists (10) wholesale establishments (11) office buildings, subject to the following development requirements: (i) The site and floor area regulations and landscaping requirements of the C1 - Commercial District specified for office buildings shall apply. (12) personal service shops, subject to the following development requirements: (i) The site and floor area regulations and landscaping requirements of the C1-Commercial District specified for personal service shops shall apply. (Amended by Bylaw 891/09) (13) custom meat cutting and packaging (Amended by Bylaw 894/09) (14) pet daycare/pet grooming facilities (Amended by Bylaw 963/14) (15) bulk fuel dealerships and storage (16) cement and concrete plants (17) manufacturing or processing operations Residential: (1) a dwelling unit accessory to permitted uses and integrated as part of the principle building for the use of owners or managers whose principle residence is the dwelling unit. (Bylaw 1033/18) (2) temporary camps for construction or work crews (Amended by Bylaw 864/07) 6.10.3 Accessory Uses (1) Accessory buildings and uses shall be permitted (refer to Section 4.6 of this Bylaw). 6.10.4 Regulations (1) Site Requirements The minimum site size and yard requirements are shown in Table 6-10. 105 6.10.5 Standards for Discretionary Uses In addition to other applicable regulations or standards contained in this bylaw, the following shall apply to discretionary uses in the M1 - Industrial District: (1) Sites used for discretionary uses which may result in heavy truck traffic shall be located to ensure that such traffic takes access to or from major streets or designated truck routes. (2) All operations shall comply with all regulations of Saskatchewan Environment and Resource Management and Saskatchewan Labour which govern their operation and development. (3) Bulk petroleum tanks and abattoirs are to be located at least 91.4 metres from residential areas, schools, hospitals, motels and restaurants. (4) A dwelling unit accessory to permitted uses shall have a minimum floor area of 75m2 (807 sq/ft) and contain a minimum of two bedrooms. (Bylaw 1033/18) 6.10.6 Landscaping Requirements (refer to Section 4.14) (1) Landscaping requirements in the M1 - Industrial District apply to those principal uses noted on Table 6-10. (2) For those uses in the M1 - Industrial District for which landscaping is required, a landscaped strip of not less than 5 metres in depth throughout, lying parallel to and abutting the front site line shall be provided across the full frontage of the site., and shall be used for no purpose except landscaping and necessary driveway access to the site. (3) On corner sites, in addition to the landscaping required in the front yard, the whole of any required side yard abutting the flanking street and note required for driveway access to the site, shall be landscaped. (4) Except for areas used solely for display of products for sale, all outside storage shall be fenced and, where the site abuts any non-industrial District without an intervening street or lane, all such outside storage areas shall be screened with a solid fence or hedge at least 1.8 metres in height. 106 TABLE 6-10: M1 INDUSTRIAL DISTRICT SITE AND FLOOR AREA REGULATIONS AND LANDSCAPING REQUIREMENTS Principal Use Minimum Site Area (m2) Minimum Site Frontage (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Minimum Building Floor Area (m2) Maximum Site Coverage (%) Landscaping Required With rear lane Without rear lane With rear lane Without rear lane With rear lane Without rear lane Animal hospitals 1100 1100 30 30 7.5 3 --- 6 --- C YES Auction markets, excluding livestock auction facilities 1100 1100 30 30 7.5 3 --- 6 (2) --- C YES Automobile, marine, etc. sales and service 1100 1100 30 30 7.5 3 --- 6 (2) --- --- YES Bulk fertilizer operations 1100 1100 30 30 7.5 3 --- 6 (2) --- --- YES Bulk fuel dealerships and storage 1100 1100 30 30 7.5 3 --- 6 (2) --- --- YES Car washes 500 500 15 15 7.5 3 --- 6 --- --- YES Cement and concrete plants 1100 1100 30 30 7.5 3 --- 6 (2) --- --- YES Construction trades 1100 1100 30 30 7.5 3 --- 6 (2) --- --- YES Custom Meat Cutting & Packaging 500 500 15 15 7.5 3 --- 6 (2) --- --- YES Gas bars 930 930 27 27 7.5 3 --- 6 --- --- YES Grain elevators 1100 1100 30 30 7.5 3 --- 6 (2) --- --- YES Indoor storage rental facilities 1100 1100 30 30 7.5 3 --- 6 --- --- YES Industrial equipment storage, sales and maintenance 1100 1100 30 30 7.5 3 --- 6 (2) --- --- YES Lumber yards, home improvement centres and building supply establishments 1100 1100 30 30 7.5 3 --- 6 (2) --- --- YES Manufacturing or processing 1100 1100 30 30 7.5 3 --- 6 (2) --- --- YES 107 TABLE 6-10: M1 INDUSTRIAL DISTRICT SITE AND FLOOR AREA REGULATIONS AND LANDSCAPING REQUIREMENTS Principal Use Minimum Site Area (m2) Minimum Site Frontage (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Minimum Building Floor Area (m2) Maximum Site Coverage (%) Landscaping Required With rear lane Without rear lane With rear lane Without rear lane With rear lane Without rear lane operations Parking lots 500 500 15 15 7.5 3 --- 6 --- --- YES Public garages 500 500 15 15 7.5 3 --- 6 --- --- YES Railways and ancillary facilities --- --- --- --- 7.5 3 --- --- (3) --- --- YES Recycling collection depots 500 500 15 15 7.5 3 --- 6 (2) --- --- YES Seed cleaning plants and feed mills 1100 1100 30 30 7.5 3 --- 6 (2) --- --- YES Service stations 930 930 27 27 7.5 3 --- 6 --- --- YES Trucking operations and freight handling facilities 1100 1100 30 30 7.5 3 --- 6 (2) --- --- YES Veterinary clinics 500 500 15 15 7.5 3 --- 6 --- --- YES Warehouses and storage yards 1100 1100 30 30 7.5 3 --- 6 (2) --- --- YES Welding and machine shops 500 500 15 15 7.5 3 --- 6 (2) --- --- YES Fire halls --- --- --- --- 7.5 3 --- 6 --- --- YES Police stations --- --- --- --- 7.5 3 --- 6 --- --- YES Public works --- --- --- --- --- C (1) --- --- (3) --- --- YES Parks and playgrounds --- --- --- --- --- C (1) --- --- (3) --- --- NO Abattoirs 1100 1100 30 30 7.5 3 --- 6 (2) --- --- YES Beekeeping and honey plants 1100 1100 30 30 7.5 3 --- 6 --- --- YES 108 TABLE 6-10: M1 INDUSTRIAL DISTRICT SITE AND FLOOR AREA REGULATIONS AND LANDSCAPING REQUIREMENTS Principal Use Minimum Site Area (m2) Minimum Site Frontage (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Minimum Building Floor Area (m2) Maximum Site Coverage (%) Landscaping Required With rear lane Without rear lane With rear lane Without rear lane With rear lane Without rear lane Junk yards and auto wreckers 1100 1100 30 30 7.5 3 --- 6 --- --- YES Livestock auction facilities 1100 1100 30 30 7.5 3 --- 6 (2) --- --- YES Nurseries, greenhouses and garden centres 1100 1100 30 30 7.5 3 --- 6 --- --- YES Sand and gravel operations 1100 1100 30 30 7.5 3 --- 6 (2) --- --- YES Stockyards 1100 1100 30 30 7.5 3 --- 6 (2) --- --- YES Tanneries 1100 1100 30 30 7.5 3 --- 6 (2) --- --- YES Taxidermists 500 500 15 15 7.5 3 --- 6 --- --- YES Wholesale establishments 1100 1100 30 30 7.5 3 --- 6 (2) --- --- YES Temporary camps for work crews --- --- --- --- 7.5 3 --- 6 --- --- NO Pet Daycares / Pet Grooming Facilities 500 500 15 15 7.5 3 --- 6 --- --- YES Notes: (1) except, where the side site line abuts any non-industrial District, the minimum side yard shall be 3 m. (2) except, where the rear site line abuts an operational rail line, there shall be no rear yard requirement. (3) except, where the rear site line abuts any non-industrial District, the minimum rear yard shall be 6 m. 109 6.11 M2 - INDUSTRIAL DISTRICT (Limited Service Industrial) 6.11.1 Permitted Uses The following uses are permitted in the M2 - Industrial District: Industrial / Commercial: (1) indoor storage rental facilities (2) industrial equipment storage, sales and maintenance (3) parking lots (4) public garages (5) railways and ancillary facilities (6) trucking operations and freight handling facilities (7) warehouses and storage yards Other: (8) parks and playgrounds (9) public works 6.11.2 Discretionary Uses The following uses are discretionary uses in the M2 - Industrial District: Industrial / Commercial: (1) auction markets, excluding livestock auction facilities (2) cement and concrete plants (3) construction trades (4) gas bars (5) grain elevators (6) junk yards and auto wreckers (7) lumber yards, home improvement centres and building supply establishments (8) manufacturing or processing operations (9) recycling collection depots (10) sand and gravel operations (11) seed cleaning plants and feed mills (12) service stations (13) tourist information centres and booths (14) welding and machine shops (15) wholesale establishments (16) abattoirs (17) custom meat cutting and packaging (18) Outdoor Recreational Equipment (19) Power Equipment 110 Residential: (1) A dwelling unit accessory to permitted uses and integrated as part of the principle building for the use of owners or managers whose principle residence is the dwelling unit. (Bylaw 1033/18) 6.11.3 Accessory Uses (1) Accessory buildings and uses shall be permitted (refer to Section 4.6 of this Bylaw). 6.11.4 Regulations (1) Site Requirements The minimum site size and yard requirements are shown in Table 6-11. 6.11.5 Standards for Discretionary Uses In addition to other applicable regulations or standards contained in this bylaw, the following shall apply to discretionary uses in the M2 - Industrial District: (1) Council will consider applications for those discretionary uses noted only where it is demonstrated that: (a) the intended use will be viable in the absence of conventional central water and sanitary sewer services; (b) groundwater quality will not be jeopardized by the proposed use; and (c) proposed foundations for intended structures are appropriate to the weak, compressible soil conditions believed to exist in the area. (2) Council may require that the demonstration noted in (1) above include:: (a) certification by a qualified professional engineer, regarding potential groundwater impacts and foundation suitability, which will be attached to the application for the discretionary use; (b) a sworn declaration by the applicant, in which it is recognized that conventional central water and sanitary sewer services may not be provided to the site, which will be attached to the application for discretionary use; and (c) provision for appropriate alternative means of water supply and sewage disposal, which will be included in the application for discretionary use. 111 (3) Sites used for discretionary uses which may result in heavy truck traffic shall be located to ensure that such traffic takes access to or from major streets or designated truck routes. (4) All operations shall comply with all regulations of Saskatchewan Environment and Saskatchewan Labour which govern their operation and development. (5) A dwelling unit accessory to permitted uses shall have a minimum floor area of 75m2 (807 sq/ft) and contain a minimum of two bedrooms. (Bylaw 1033/18) 6.11.7 Landscaping Requirements (refer to Section 4.14) (1) Landscaping requirements in the M2 - Industrial District apply to those principal uses noted on Table 6-11. (2) For those uses in the M2 - Industrial District for which landscaping is required, a landscaped strip of not less than 5 metres in depth throughout, lying parallel to and abutting the front site line shall be provided across the full frontage of the site., and shall be used for no purpose except landscaping and necessary driveway access to the site. (3) On corner sites, in addition to the landscaping required in the front yard, the whole of any required side yard abutting the flanking street and not required for driveway access to the site, shall be landscaped. (4) Except for areas used solely for display of products for sale, all outside storage shall be fenced and, where the site abuts any non-industrial District without an intervening street or lane, all such outside storage areas shall be screened with a solid fence or hedge at least 1.8 metres in height. 112 TABLE 6-11: M2 INDUSTRIAL DISTRICT SITE AND FLOOR AREA REGULATIONS AND LANDSCAPING REQUIREMENTS Principal Use Minimum Site Area (m2) Minimum Site Frontage (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Minimum Building Floor Area (m2) Maximum Site Coverage (%) Landscaping Required With rear lane Without rear lane With rear lane Without rear lane With rear lane Without rear lane Indoor storage rental facilities 1100 1100 30 30 7.5 3 C 6 C C YES Industrial equipment storage, sales and maintenance 1100 1100 30 30 7.5 3 --- 6 (2) C C YES Parking lots 500 500 15 15 7.5 3 --- 6 C C YES Public garages 500 500 15 15 7.5 3 --- 6 C C YES Railways and ancillary facilities --- --- --- --- 7.5 3 --- --- (3) C C YES Trucking operations and freight handling facilities 1100 1100 30 30 7.5 3 --- 6 (2) C C YES Warehouses and storage yards 1100 1100 30 30 7.5 3 --- 6 (2) C C YES Public works --- --- --- --- --- --- (1) --- --- (3) C C YES Parks and playgrounds --- --- --- --- --- --- (1) --- --- (3) C C NO Auction markets, excluding livestock auction facilities 1100 1100 30 30 7.5 3 --- 6 (2) C C YES Cement and concrete plants 1100 1100 30 30 7.5 3 --- 6 (2) C C YES Construction trades 1100 1100 30 30 7.5 3 --- 6 (2) C C YES Gas bars 930 930 27 27 7.5 3 --- 6 C C YES Grain elevators 1100 1100 30 30 7.5 3 --- 6 (2) C C YES Junk yards and auto wreckers 1100 1100 30 30 7.5 3 --- 6 C C YES Lumber yards, home 1100 1100 30 30 7.5 3 --- 6 (2) C C YES 113 TABLE 6-11: M2 INDUSTRIAL DISTRICT SITE AND FLOOR AREA REGULATIONS AND LANDSCAPING REQUIREMENTS Principal Use Minimum Site Area (m2) Minimum Site Frontage (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Minimum Building Floor Area (m2) Maximum Site Coverage (%) Landscaping Required With rear lane Without rear lane With rear lane Without rear lane With rear lane Without rear lane improvement centres and building supply establishments Manufacturing or processing operations 1100 1100 30 30 7.5 3 --- 6 (2) C C YES Recycling collection depots 500 500 15 15 7.5 3 --- 6 (2) C C YES Sand and gravel operations 1100 1100 30 30 7.5 3 --- 6 (2) C C YES Seed cleaning plants and feed mills 1100 1100 30 30 7.5 3 --- 6 (2) C C YES Service stations 930 930 27 27 7.5 3 --- 6 C C YES Tourist information booths and centres --- --- --- --- 7.5 3 --- 6 --- --- YES Welding and machine shops 500 500 15 15 7.5 3 --- 6 (2) C C YES Wholesale establishments 1100 1100 30 30 7.5 3 --- 6 (2) C C YES Abattoirs 1100 1100 30 30 7.5 3 --- 6 C C YES Custom Meat Cutting & Packaging 500 500 15 15 7.5 3 --- 6 (2) C C YES Outdoor Recreational Equipment 1100 1100 30 30 7.5 3 --- 6 (2) YES Power Equipment 1100 1100 30 30 7.5 3 --- 6 (2) YES Notes: (1) except, where the side site line abuts any non-industrial District, the minimum side yard shall be 3 m. (2) except, where the rear site line abuts an operational rail line, there shall be no rear yard requirement. (3) except, where the rear site line abuts any non-industrial District, the minimum rear yard shall be 6 m. 114 6.12 FUD - FUTURE URBAN DEVELOPMENT DISTRICT 6.12.1 Permitted Uses The following uses are permitted in the FUD - Future Urban Development District: (1) agricultural uses (2) public works 6.12.2 Discretionary Uses The following uses are discretionary uses in the FUD - Future Urban Development District: Community Service: (1) cemeteries (2) public recreational uses Commercial / Industrial (3) commercial recreation uses (4) drive-in theatres (5) nurseries and greenhouses (6) radio, television and telecommunications towers and ancillary facilities (7) sand and gravel operations Residential: (8) single detached dwellings Other: (9) parks and playgrounds 6.12.3 Accessory Uses (1) Accessory buildings and uses shall be permitted (refer to Section 4.6 of this Bylaw). 6.12.4 Regulations (1) Site requirements The minimum site size and yard requirements are shown in Table 6.12. 115 6.12.5 Standards for Discretionary Uses In addition to other applicable regulations or standards contained in this bylaw, the following shall apply to discretionary uses in the FUD - Future Urban Development District: (1) Discretionary uses will only be allowed where Council is assured that such development will be compatible with the future use of the area, as indicated in the Basic Planning Statement Bylaw. 116 TABLE 6-12: FUD FUTURE URBAN DEVELOPMENT DISTRICT SITE AND FLOOR AREA REGULATIONS AND LANDSCAPING REQUIREMENTS Principal Use Minimum Site Area (m2) Minimum Site Frontage (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Minimum Building Floor Area (m2) Maximum Site Coverage (%) Landscaping Required With rear lane Without rear lane With rear lane Without rear lane Interior site Corner site Agricultural uses 5 ha 5 ha --- --- 7.5 --- --- --- --- --- NO Public works --- --- --- --- 7.5 --- --- --- --- --- NO Cemeteries 1 ha 1 ha --- --- 7.5 --- --- --- --- --- NO Public recreational uses 5 ha 5 ha --- --- 7.5 --- --- --- --- --- NO Commercial recreation uses 5 ha 5 ha --- --- 7.5 --- --- --- --- --- NO Drive-in theatres 5 ha 5 ha --- --- 7.5 --- --- --- --- --- NO Nurseries and greenhouses 5 ha 5 ha --- --- 7.5 --- --- --- --- --- NO Radio, television and telecommunications towers 1 ha 1 ha --- --- 7.5 --- --- --- --- --- NO Sand and gravel operations 5 ha 5 ha --- --- 7.5 --- --- --- --- --- NO Single detached dwellings 1 ha 1 ha --- --- 7.5 --- --- --- --- --- NO Parks and playgrounds --- --- --- --- 7.5 --- --- --- --- --- NO 117 6.13 RD - RESTRICTED DEVELOPMENT DISTRICT 6.13.1 Permitted Uses The following uses are permitted in the RD - Restricted Development District: Commercial: (1) family day care homes (refer to Section 4.10.6) (2) home based businesses - type I (refer to Section 4.9) Other: (3) agricultural uses (4) parks and playgrounds (5) public works 6.13.2 Discretionary Uses (Amended by Bylaw 858/07) The following uses are discretionary uses in the RD - Restricted Development District: Residential: (1) single detached dwellings (2) secondary suites (refer to section 4.10.9) Industrial / Commercial: (1) personal service shops (2) retail stores (3) welding and machine shops (4) manufacturing or processing operations (5) storage yards (Amended by Bylaw 975/14) Other: (1) clubs 118 6.13.3 Accessory Uses (1) Accessory buildings and uses shall be permitted (refer to Section 4.6 of this Bylaw). 6.13.4 Regulations (1) Site Requirements The minimum site size and yard requirements are shown in Table 6-13. 6.13.5 Standards for Discretionary Uses In addition to other applicable regulations or standards contained in this bylaw, the following shall apply to discretionary uses in the RD - Restricted Development District: (1) Discretionary uses will only be allowed where Council is assured that such development will be compatible with the future use of the area, as indicated in the Basic Planning Statement Bylaw. (2) Sites used for discretionary uses which may result in heavy truck traffic shall be located to ensure that such traffic takes access to or form major streets or designated truck routes. (3) All operations shall comply with all regulations of Saskatchewan Environment and Resource Management and Saskatchewan Labour which govern their operation and development. 119 Schedule "A" - Bylaw No. 858/07 Table 6-13: RD Restricted Development District Site and Floor Area Regulations and Landscaping Requirements Principal Use Minimum Site Area (m2) Minimum Site Frontage (m) Minimum Front Yard (m) Minimum Side Yard (m) Minimum Rear Yard (m) Minimum Building Floor Area (m2) Maximum Site Coverage (%) Landscaping Required With rear lane Without rear lane With rear lane Without rear lane Interior site Corner site Agricultural Uses 5 ha 5 ha --- --- 7.5 --- --- --- --- --- NO Parks and playgrounds --- --- --- --- 7.5 --- --- --- --- --- NO Public Works --- --- --- --- 7.5 --- --- --- --- --- NO Single detached dwellings 360 495 12 15 7.5 1.5(1) 7.5 4.5 120 40 NO Personal service shops 230 230 7.5 7.5 --- --- (2) --- (3) --- (3) --- --- NO Retail Stores 230 230 7.5 7.5 --- --- (2) --- (3) --- (3) --- --- NO Welding and machine shops 500 500 15 15 7.5 3 --- --- --- --- NO Manufacturing or processing operations 1100 1100 30 30 7.5 3 (4) (4) --- --- NO Clubs 360 495 12 15 7.5 3 7.5 7.5 97.5 50 NO Storage Yards (Amended by bylaw 975/14) 1100 1100 30 30 7.5 3 --- 6(5) C C YES Notes: (1) except for corner lots, where it shall be 3 m along the flanking street. (2) except, where the site is adjacent to any R District, the minimum side yard shall be 1.5 m or ½ the building height, whichever is greater. (3) except, where the site is adjacent to any R District with no intervening lane, the minimum rear yard shall be 6 m, and where the site is separated from any R District by a lane only, the minimum rear yard shall be equivalent to 10% of the depth of the site. (4) if property has a rear lane, there shall be no rear yard requirement. If the property has no rear lane, there shall be a 6 m rear yard requirement, except where the rear site line abuts an operational rail line; if this is the case, there shall be no rear yard requirement. (5) except, where the rear site line abuts an operational rail line, there shall be no rear yard requirement 120 6.14 AC - ARCHITECTURAL CONTROL OVERLAY DISTRICTS 6.14.1 Applicable Uses (1) The Architectural Controls as described within Section 6.14.2 shall be applied to the Zoning Districts and Uses as indicated within Table 6 - 14: Applicable Architectural Controls. Table 6-14: Applicable Architectural Controls Zone Uses Single detached Duplex Semi-detached Townhouse R1 (1) (2) N/A N/A N/A R1A (1) (2) N/A (1) (2) (1) (2) R2 (1) (1) (1) (1) R3 (1) (1) (1) (1) R4 (1) N/A N/A N/A R5 N/A N/A N/A N/A R6 N/A N/A N/A N/A (2) Notwithstanding (1), all uses within Zoning District C1 - Downtown Commercial shall have Section 6.14.2, Clause (3) apply 6.14.2 Architectural Controls (1) Principal and accessory building front elevation: i. When siding is used as an exterior finish, a minimum of 25% of the front elevation (excluding windows and doors) shall be covered in a material other than siding. ii. Attached or detached garages shall be finished in the same manner as the principal building description provided in i) above. (2) Roof lines: i. Varied roof lines and designs will be required in order to further define individual dwelling units. A minimum of two (2) roof lines, including an attached garage, is required in the front elevation. (Amended by Bylaw 924/11) (3) Downtown Architectural Controls: Street facing elevations shall not use corrugated metal siding as an exterior finish. (Amended by Bylaw 1171/23) 121 SECTION 7 - FORMS FORM A 122 123 124 FORM B Town of Nipawin APPLICATION REVIEW AND NOTICE OF DECISION FOR A DEVELOPMENT PERMIT Bylaw No.________ Permit No._______ MUNICIPAL REVIEW SECTION (OFFICE USE ONLY) 1. Present Zoning: 2. Proposed Use(s): Principal Accessory Use is: Permitted ______ Discretionary ______ Not permitted ______ 3. Proposed Yards: Required Proposed Meets Requirements (Y/N) Front _______ _______ ________ Rear _______ _______ ________ Side _______ _______ ________ Side _______ _______ ________ 4. Parking Requirements: # of Required Spaces ______ # of Spaces Proposed ______ 5. Architectural Controls: Architectural Controls Required: _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ Architectural Control Requirements Met (if applicable) ________ Other Regulations / Comments: ________________________________________________________________________ ________________________________________________________________________ 6. Application Status: Meets Bylaw Requirements ______ Does Not Meet Bylaw Requirements ______ 125 THIS IS TO ADVISE YOU THAT YOUR APPLICATION FOR A: PERMITTED USE OR FORM OF DEVELOPMENT ______ , or DISCRETIONARY USE OR FORM OF DEVELOPMENT_______ HAS BEEN: _____APPROVED _____APPROVED WITH THE FOLLOWING CONDITIONS OR DEVELOPMENT STANDARDS, as listed in the attached "Schedule A" _____REFUSED for the following reason: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ If your application has been approved with or without conditions, this form is considered to be the Development Permit granted pursuant to the Zoning Bylaw. RIGHT OF APPEAL Please be advised that, under the Planning and Development Act, (2007): An applicant has the right to appeal any decision of the Development Officer, - including a refusal; - or approval with conditions; and - The public can also appeal any decision by a Development Officer, typically where a decision involves the use of discretion or variance of a regulation. You may appeal to Western Municipal Consulting Ltd. Through the Town of Nipawin using the Town's Development Appeal Application if you feel that the Development Officer has misapplied the Zoning Bylaw in the issuing of this permit. Your appeal must be in writing within 30 days of the date of this notice to the Town of Nipawin at: Land Planning Department Town of Nipawin Box 2134, Nipawin, Saskatchewan, S0E 1E0 ___________________________________ _____________________________ Date Development Officer To: _________________________________ ________________________________ (Applicant) (Address) Note: A building permit is also required for building construction. This permit expires 6 months from the date of issue 126 SECTION 8 - MAPS 1. Zoning District Map Schedule "A" to Bylaw 1171/23 Figure 1. Bold Dashed outline displays area rezoned from R1 Residential to R1A Residential NW - 33 - 50 - 14 - 2 Ext. 5