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Bylaw No. 2187
CITY OF NORTH BATTLEFORD
SASKATCHEWAN
BYLAW NO. 1971
A
BYLAW
OF
THE
CITY
OF
NORTH
BATTLEFORD TO ADOPT A ZONING BYLAW.
The Council of the City of North Battleford, in the Province of Saskatchewan, in open
meeting assembled enacts as follows:
1.
Pursuant to Subsection 34(1) of The Planning and Development Act, 2007, the
Council of the City of North Battleford hereby adopts the City of North Battleford
Zoning Bylaw, identified as Schedule "A" to this bylaw.
2.
The Mayor and City Clerk are hereby authorized to sign and seal Schedule "A" which
is attached to and forms part of this bylaw.
3.
Bylaw No. 1177, the City of North Battleford Zoning Bylaw, and all amendments
thereto, are hereby repealed.
4.
This bylaw shall come into force on the date of final approval by the Minister of
Municipal Affairs.
INTRODUCED AND READ A FIRST TIME THIS 9th DAY OF DECEMBER, A.D. 2013.
READ A SECOND TIME THIS 23rd DAY OF JUNE, A.D. 2014.
READ A THIRD TIME AND PASSED THIS 18th DAY OF AUGUST, A.D. 2014.
"Ian Hamilton"
MAYOR
"Debbie Wohlberg"
CITY CLERK
THE CITY OF NORTH BATTLEFORD
ZONING BYLAW
Being Schedule "A" to Bylaw No. 1971 of the City of North Battleford
"Ian Hamilton"
MAYOR
"Debbie Wohlberg"
CITY CLERK
CITY OF NORTH
BATTLEFORD
ZONING BYLAW
Prepared for:
THE CITY OF NORTH BATTLEFORD
Prepared by:
CROSBY HANNA & ASSOCIATES
LANDSCAPE ARCHITECTURE AND PLANNING
SASKATOON, SK
DECEMBER 2013
TABLE OF CONTENTS
SECTION 1
INTRODUCTION ................................................ 1
1.1
Title ............................................................................................................................................... 1
1.2
Scope ............................................................................................................................................. 1
1.3
Severability ................................................................................................................................... 1
SECTION 2
INTERPRETATION .............................................. 2
SECTION 3
ADMINISTRATION ............................................. 28
3.1
Development Officer................................................................................................................... 28
3.2
Development Permit ................................................................................................................... 28
3.3
Development Permit Application Requirements ........................................................................ 29
3.4
Development Permit Application Process .................................................................................. 30
3.6
Development Appeals Board ...................................................................................................... 31
3.7
Right of Appeal ........................................................................................................................... 31
3.8
Minor Variances .......................................................................................................................... 31
3.9
Non-Conforming Uses, Buildings and Sites ............................................................................... 32
3.10
Discretionary Use Applications .................................................................................................. 32
3.11
Amending the Zoning Bylaw ...................................................................................................... 46
3.12
Zoning By Agreement ................................................................................................................. 46
3.13
Fees ............................................................................................................................................. 46
3.14
Offenses and Penalties ................................................................................................................ 48
SECTION 4
GENERAL REGULATIONS ..................................... 49
4.1
Licences, Permits and Compliance With Other Bylaws and Legislation ................................... 49
4.2
Building Lines ............................................................................................................................. 49
4.3
Number of Principal Buildings Permitted On A Site .................................................................. 49
4.4
Height Restrictions ...................................................................................................................... 49
4.5
Visibility Clearance at Intersections ........................................................................................... 49
4.6
Required Yards and Open Space ................................................................................................ 49
4.7
Fences ......................................................................................................................................... 51
4.8
Accessory Buildings and Structures ........................................................................................... 52
4.9
Off Street Parking and Loading .................................................................................................. 57
4.10
Signs ............................................................................................................................................ 61
4.11
Home-Based Businesses - Type I and Type II ............................................................................ 70
4.12
Special Regulations and Standards ............................................................................................. 74
4.13
Servicing ..................................................................................................................................... 83
4.14
Storage of Materials and Unlicensed or Inoperative Motor Vehicles in Residential Districts ... 84
4.15
Development On Hazard Lands .................................................................................................. 84
4.16
Buildings or Uses Occupying More Than One Lot .................................................................... 84
4.17
Existing Nonconforming Buildings ............................................................................................ 84
4.18
Frontage On Road ....................................................................................................................... 85
4.19
Building To Be Moved ............................................................................................................... 85
4.20
Demolition of Buildings.............................................................................................................. 85
4.21
Grading and Levelling of Sites ................................................................................................... 85
4.22
Garage and Yard Sales ................................................................................................................ 85
4.23
Water ........................................................................................................................................... 86
4.24
Landscaping ................................................................................................................................ 86
4.25
Outside Storage and Waste Storage ............................................................................................ 88
4.26
Bare Land Condominiums .......................................................................................................... 88
4.27
Swimming Pools and Hot Tubs .................................................................................................. 88
4.28
Telecommunication Towers ........................................................................................................ 89
SECTION 5
ZONING DISTRICTS ........................................... 90
5.1
Classification of Zoning Districts ............................................................................................... 90
5.2
The Zoning District Map............................................................................................................. 90
5.3
Boundaries of Zoning Districts ................................................................................................... 90
5.4
Zoning Districts .......................................................................................................................... 91
5.5
Properties with More Than One Zoning District ........................................................................ 91
SECTION 6
DISTRICT SCHEDULES ........................................ 92
6.1
R1 - One Unit Residential District ............................................................................................. 92
6.2
R1A - Small Lot Residential District .......................................................................................... 95
6.3
R2- Low Density Residential District ......................................................................................... 98
6.4
R3 - Medium Density Residential District ................................................................................ 102
6.5
R4 - High Density Residential District ..................................................................................... 106
6.6
R5- Acreage Residential District .............................................................................................. 109
6.7
RMH - Mobile Home Residential District ................................................................................ 112
6.8
CS - Community Service District ............................................................................................. 115
6.9
C1 - Downtown Commercial District ....................................................................................... 118
6.10
C2 - Neighbourhood Commercial District ................................................................................ 124
6.11
C3 - Arterial Commercial District ............................................................................................ 127
6.12
C3A - Large Lot Arterial Commercial District ........................................................................ 132
6.13
C4 - Regional Commercial District .......................................................................................... 137
6.14
MU - Mixed Use District .......................................................................................................... 141
6.15
M1 - Light Industrial District .................................................................................................... 148
6.16
M2 - Heavy Industrial District .................................................................................................. 153
6.17
YQW - Airport District ............................................................................................................. 158
6.18
PR - Parks And Recreation District .......................................................................................... 162
6.19
RD1 - Restricted Development 1 District ................................................................................. 165
6.20
RD2 - Restricted Development 2 District ................................................................................. 168
6.21
FUD - Future Urban Development District .............................................................................. 171
SECTION 7
MAPS ........................................................ 174
LIST OF TABLES
TABLE 4-1 PARKING AND LOADING SPACE DIMENSION REQUIREMENTS ................ 59
TABLE 4-7 SIGN REGULATIONS IN PARKS AND RECREATION, FUTURE URBAN
DEVELOPMENT AND RESIDENTIAL DISTRICTS .................................................... 64
TABLE 4-8 SIGN REGULATIONS IN COMMUNITY SERVICE DISTRICT ...................... 65
TABLE 4-9 SIGN REGULATIONS IN COMMERCIAL AND INDUSTRIAL DISTRICTS ....... 66
TABLE 4-10 DIGITAL SIGN REGULATIONS IN COMMERCIAL AND INDUSTRIAL
DISTRICTS ................................................................................................... 70
TABLE 6-1 R1 - LOW DENSITY RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS 93
TABLE 6-3 R2 - LOW DENSITY RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS 99
TABLE 6-4 R3 - MEDIUM DENSITY RESIDENTIAL DISTRICT DEVELOPMENT
STANDARDS ............................................................................................... 103
TABLE 6-5 R4 - HIGH DENSITY RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS
............................................................................................................... 107
TABLE 6-6 R5 - ACREAGE RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS .... 110
TABLE 6-7 RMH - MOBILE HOME RESIDENTIAL DEVELOPMENT STANDARDS ......... 113
TABLE 6-8 CS - COMMUNITY SERVICE DISTRICT DEVELOPMENT STANDARDS ....... 116
TABLE 6-9 C1 - COMMUNITY CENTRE COMMERCIAL DEVELOPMENT STANDARDS
.................................................................. ERROR! BOOKMARK NOT DEFINED.
TABLE 6-10 C2 - NEIGHBOUROOD COMMERCIAL DISTRICT DEVELOPMENT
STANDARDS ............................................................................................... 125
TABLE 6-11 C3 - ARTERIAL COMMERCIAL DISTRICT DEVELOPMENT STANDARDS
.................................................................. ERROR! BOOKMARK NOT DEFINED.
TABLE 6-12 C3A - ARTERIAL COMMERCIAL DISTRICT DEVELOPMENT STANDARDS
.................................................................. ERROR! BOOKMARK NOT DEFINED.
TABLE 6-13 C4- REGIONAL COMMERCIAL DEVELOPMENT STANDARDS .......... ERROR!
BOOKMARK NOT DEFINED.
TABLE 6-14 MU - MIXED USE DISTRICT DEVELOPMENT STANDARDS ............. ERROR!
BOOKMARK NOT DEFINED.
TABLE 6-15 M1 - LIGHT INDUSTRIAL DISTRICT DEVELOPMENT STANDARDS .. ERROR!
BOOKMARK NOT DEFINED.
TABLE 6-16 M2 - HEAVY INDUSTRIAL DISTRICT DEVELOPMENT STANDARDS ....... 155
TABLE 6-17 YQW - AIRPORT DISTRICT DEVELOPMENT STANDARDS .................... 160
TABLE 6-18 PR - PARKS AND RECREATION DISTRICT DEVELOPMENT STANDARDS . 163
TABLE 6-19 RD1 - RESTRICTED DEVELOPMENT DISTRICT DEVELOPMENT STANDARDS
............................................................................................................... 167
TABLE 6-20 RD2 -RESTRICTED DEVELOPMENT DISTRICT DEVELOPMENT STANDARDS
............................................................................................................... 170
TABLE 6-21 FUD - FUTURE URBAN DEVELOPMENT DISTRICT DEVELOPMENT
STANDARDS ............................................................................................... 172
City of North Battleford Zoning Bylaw
1
SECTION 1
INTRODUCTION
Under the authority of The Planning and Development Act, 2007, and Bylaw No. 1970, the Official
Community Plan of the City of North Battleford, the Council of the City of North Battleford 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 City of North
Battleford.
1.2 SCOPE
Development shall be permitted within the limits of the City of North Battleford only when
in conformity with the provisions of this Bylaw subject to the right of appeal provisions of
the Act.
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.
City of North Battleford Zoning Bylaw
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:
Accessory Building or Use: a building or use which:
(a)
is subordinate to and serves the principal building or principal use;
(b)
is subordinate in area, extent, and purpose to the principal building or principal used served;
(c)
contributes to the comfort, convenience or necessity of occupants of the principal building
or principal use served; and,
(d)
is located on the same site as the principal building or principal use served.
Act: The Planning and Development Act, 2007.
Administrator: the City Clerk of the City of North Battleford.
Adult Day Care: an establishment for the placement, care and supervision of adults, but does not
include the provision of overnight supervision.
Adult Day Care - Type I: an adult day care with up to five persons under supervision at any one
time.
Adult Day Care - Type II: an adult day care with more than five persons under supervision at
any one time.
Adult Entertainment Facility: premises used in whole or in part for entertainment (including
activities, facilities, performances, exhibitions, viewings, or encounters) designed to appeal to
eroticism or sexuality and wherein a principal feature or characteristic is the nudity or partial
nudity, including suggestive exposure such as through translucent clothing, of any person.
Alteration: any structural change in, or addition to, a building or structure, and shall include a
change from one type of use to another.
Ambulance Station: a facility for receiving requests for ambulance service and for the stationing
of one or more ambulances until dispatched in response to calls for service, which is operated by
a person or corporation having a valid and subsisting ambulance licence issued pursuant to The
Ambulance Act and having a current contract with the Regional Health Authority.
Ancillary Use: a use that is secondary and subordinate in size, extent and purpose to the principal
use on the same site, but is not necessary for the operation of the principal use on that site.
Animal Hospital: 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.
City of North Battleford Zoning Bylaw
3
Animal and Pet Care Services: a building or part of a building used for care, and management
of animals and pets, including but not limited to, grooming services, training facilities, and limited
animal daycare services. It may include the sale of products relating to the services provided
including food, but does not include Animal Hospital, Boarding Kennel, and Veterinary Clinic as
defined separately in this bylaw.
Apartment House: a building divided into three (3) or more dwelling units as herein defined, each
of which is occupied or intended to be occupied as a permanent home or residence, as distinct from
a hotel or motel.
Arcade: a building or part of a building used for amusement and containing games of a mechanical
and electronic type that can be played by a customer.
Art Studio: a building, or portion thereof, used for the creation, display or sale of arts and crafts,
where the sale of crafts is limited to the goods produced on site only.
Bakery: an establishment for baking and/or selling locally baked goods.
Bare Land Condominium: a condominium divided into bare land units as defined in The
Condominium Property Act, 1993.
Bare Land Unit: a bare land unit as defined within The Condominium Property Act, 1993.
Bed and Breakfast Home: a dwelling unit in which the occupants thereof 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:
(a)
not more than three bedrooms within the dwelling unit are used to provide such sleeping
accommodation;
(b)
the dwelling unit is the principal residence of the person or persons receiving the
remuneration and providing the sleeping accommodation and one meal per day; and,
(c)
the meal which is provided is served before noon each day.
Building: a structure constructed or placed on, in or over land but does not include a public
highway.
Building Bylaw: any Bylaw of the City of North Battleford regulating the erection, alteration,
repair, occupancy or maintenance of buildings or structures.
Building Front Line: 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: the vertical distance of a building measured from 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 (refer to Figure 2-1).
City of North Battleford Zoning Bylaw
4
Figure 2-1: Interpretation of Building Height Measurement
Building Line, Established: a line, parallel to the front site line (and, in the case of corner sites,
a line, parallel to the side site line along the flanking street), and set back the average distance from
the edge of the street to the main walls of the existing buildings on a side of any block of the street
where more than half the lots have been built on.
Building Permit: a permit issued under a Building Bylaw of the City of North Battleford
authorizing the construction of all or part of a building or structure.
Building, Principal: the building in which is conducted the main or primary use of the site on
which said building is situated.
Building Rear Line: 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.
City of North Battleford Zoning Bylaw
5
Building Side Line: 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.
Business Incubators: a building or part of a building used to provide space, services, advice and
support to businesses, where a small office space is required. It may consist of multiple partitioned
office spaces available for individual rent or lease, and common areas, services, and equipment
accessible for tenants and clients such as a lunchroom, board or conference rooms, washrooms,
photo copiers, audio visual equipment, reception, and similar items.
Cannabis: cannabis as defined in The Cannabis Act (Canada).
Cannabis production facility: the federally licensed large-scale growing of cannabis plants and
harvesting material from those plants, or the large-scale manufacturing, packaging and labelling
of cannabis products destined for sale to consumers, and the intra-industry sale of these products,
including to provincially authorized distributors, or both.
Cannabis retail outlet: the premises specified in a retail cannabis permit where the retail sale of
cannabis is authorized by The Cannabis Control Act (Saskatchewan). This includes the sales of
dried cannabis, cannabis plant seeds, cannabis plants, fresh cannabis, edibles containing cannabis,
and cannabis concentrates.
Carport: a roofed enclosure for the parking of a motor vehicle or motor vehicles which has less
than 60% of the total perimeter enclosed by walls, doors or windows and is attached to a principal
building.
Car Wash: a building or portion of a building which is used for the washing of vehicles, including
full service, automatic and hand operated facilities.
Cemetery: property used for the internment of the dead and may include facilities for the storage
of ashes of human remains that have been cremated.
City: the City of North Battleford.
Club: a group of people organized for a common purpose, to pursue common goals, interests or
activities, usually characterized by certain membership qualifications, payment of dues or fees,
regular meetings, and a constitution and bylaws; and shall include lodges and fraternal
organizations.
Community Centre: a building or facility used for recreational, social, educational or cultural
activities and which is owned by a municipal corporation, non-profit corporation or other non-
profit organization.
Community Garden: an area of land managed and maintained by a formal or informal group of
individuals to grow and harvest food crops and/or non-food ornamental crops, such as flowers, for
personal or group use, consumption, donation, or sale at a farmers' market or farm stand.
City of North Battleford Zoning Bylaw
6
Community gardens may occupy a portion of any public municipal park subject to the opinion of
the Development Officer.
Construction Trades: offices, shops and warehouses, with or without associated retail sales of
plumbing and heating, electrical, carpentry, masonry and other trades associated with construction
of buildings.
Convenience Store: 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.
Copy: an image, word, letter, number, graphic, animation, video or dynamic text exhibited from
a digital Sign.
Corner Site: a site at the intersection or junction of two or more streets.
Council: the Council of the City of North Battleford.
Crematorium: a building or structure fitted with the proper equipment for the purposes of the
cremation of human or animal remains.
Cultural Institution: an establishment such as a museum, art gallery, library and similar facilities
of historical, educational or cultural interest.
Custodial Care Facility: either:
(a)
a facility for the temporary detention or open custody of persons pursuant to the provisions
of The Youth Criminal Justice Act (Canada) or The Summary Offences Procedure Act,
1990 (Saskatchewan); or,
(b)
a facility for the accommodation of persons participating in a community training program
pursuant to The Correctional Services Act.
in which the number of persons in detention, custody or residence does not exceed five.
Dairy Processing: facilities for the processing and sale of dairy products such as cheese, cream,
yogurt, ice cream and other goods but not including facilities for the keeping, rearing, or milking
of animals.
Date & Time Digital Centre: a monochrome variable message sign that utilizes computer
generated copies involving letters, words, symbols, graphics and numbers. These signs include
incandescent lamps, LED's, LCD's, plasma or other related technology, whereby the copy can be
altered by digital means. The purpose of a Date & Time Digital Centre is to make aware the date,
time, temperature, petroleum prices, hotel rates or similar numerical messages to the general
public.
City of North Battleford Zoning Bylaw
7
Day Care Centre: a facility for the non-parental care of over four (4) preschool age children on a
daily basis and licensed under The Child Care Act.
Deck: a raised open platform, with or without rails, attached to a principal building.
Development: the carrying out of any building, engineering, mining or other operations in, on, or
over land, or the making of any material change in the use or intensity of use of any building or
land.
Development Permit: a document authorizing a development, issued pursuant to this Zoning
Bylaw.
Digital Billboard: a variable message sign that utilizes computer generated copies involving
letters, words, symbols, graphics, animation, video or dynamic text. These signs include
incandescent lamps, LED's, LCD's, plasma or other related technology, whereby the copy can be
altered by digital means. The purpose of a Digital Billboard sign is to conduct Third Party
Advertising for the general public.
Digital Message Centre: variable message sign that utilizes computer generated copies involving
letters, words, symbols, graphics, animation, video or dynamic text. These signs include
incandescent lamps, LED's, LCD's, plasma and other related technology, whereby the copy can be
altered by digital means. The purpose of a Digital Message Centre is to identify a building or
premise and its use to the general public and make aware the products and services provided.
Digital Sign: a sign where the copy can be altered or changed by digital means and includes Digital
Message Centre, Digital Billboard and Date & Time Digital Centre.
Discretionary Use: a use or form of development that may be allowed in a zoning district
following application to, and approval of the Council; and which complies with the development
standards, as required by Council, contained in this Bylaw.
Distilleries, Wineries and Breweries: facilities for the small-scale or craft production of alcoholic
and other beverages, including the distillation, aging, blending, fermenting, bottling, storage,
distribution, promotion, and sale of said beverages.
Dwelling: a building used or intended for residential occupancy.
Dwelling Group: a group of two or more detached one unit dwellings, two unit dwellings or
multiple unit dwellings or combinations thereof occupying the same site.
Dwelling, Multiple Unit Apartment Style Configuration: a building divided into three or more
dwelling units as herein defined and shall include apartment houses, but not hotels, motels or
townhouses.
Dwelling, Multiple Unit Townhouse: a building divided into three or more dwelling units, with
a common wall dividing the dwelling units throughout at least 40% of the depth of the entire
structure, measured from the front to the rear building lines.
City of North Battleford Zoning Bylaw
8
Dwelling, Semi-Detached: a dwelling unit on its own site, with a common wall dividing the two
dwelling units through at least 30% of the depth of the entire structure, measured from the front to
the rear building lines.
Dwelling, Single Detached: a detached building consisting of one dwelling unit as herein defined,
but shall not include a mobile home or modular home as herein defined.
Dwelling, Street Townhouse: a dwelling unit on its own site, attached to at least one other
dwelling unit, each on their own sites, with a common wall dividing the dwelling units throughout
at least 40% of the depth of the entire structure, measured from the front to the rear building lines.
Dwelling, Two-Unit: a detached building divided into two dwelling units.
Dwelling Unit: a separate set of living quarters, whether occupied or not, usually containing
sleeping facilities, sanitary facilities and a kitchen or kitchen components. For the purposes of this
definition, "kitchen components" include, but are not limited to, cabinets, refrigerators, sinks,
stoves, ovens, microwave ovens or other cooking appliances and kitchen tables and chairs.
Educational Institution: a post-secondary college, university or technical institution, but shall
not include a private school.
Efficiency Unit: a dwelling unit in a multiple unit dwelling that contains no bedroom separate
from a living room or living-dining room.
Emergency and Protective Services: shall mean a use or facilities owned or operated by or for
the municipality, or by a corporation under agreement with or under a franchise from the
municipality or under a federal or provincial statute, which furnishes services and facilities
including but not limited to: ambulance stations; law enforcement offices, yards, and detachments;
and, other similar services provided to the public. It does not include fire protective services which
are municipally owned and operated and considered as a "Municipal Facility" as defined in this
Bylaw.
Face Area, Sign: the area of the single face of any sign and is calculated using the illustration in
Figure 2-2.
City of North Battleford Zoning Bylaw
9
Figure 2-2: Calculation of Sign Face Area
Face Area, Total Sign: the total amount of sign face area on a sign including all sides.
Farmers' Market: a permanent structure, operated on a seasonal or year-round basis, which
allows for agricultural or horticultural producers to retail their products and other agriculture-
related items, including those produced in a community garden, directly to consumers and enhance
income through value-added products, services, and activities.
Farm Stand: a seasonal direct-marketing operation without a permanent structure and offering
outdoor shopping for the sale of locally produced agricultural products including those produced
in a community garden, enhanced agricultural products, and handmade crafts.
Fence: an artificially constructed barrier erected to enclose or screen areas of land.
Financial Institution, Major: the operation of financial and investment services by a bank, trust
company, investment dealer, credit union, mortgage broker, or related business and may include
accessory insurance sales.
Financial Institution, Minor: the operation of financial and investment services by a bank, trust
company, investment dealer, credit union, mortgage broker or related business and may include
accessory insurance sales. The maximum floor area of a minor financial institution shall be 120
m2.
Flankage: the side site line of a corner site which abuts the street.
Floor Area: the maximum habitable area contained within the outside walls of a building,
excluding in the case of a dwelling unit any private garage, porch, sunroom, unfinished attic or
unfinished basement.
City of North Battleford Zoning Bylaw
10
Frontage: the side of a site abutting a street and, in the case of a corner site, the shorter of the
sides is the frontage.
Fuel Storage Tank, Above Ground: a storage tank, any portion of which is above grade and
containing gasoline, diesel fuel, or propane for retail sale or dispensing into motor vehicles.
Funeral Homes: an establishment with facilities for the preparation of the dead, for the viewing
of bodies and for funerals.
Games of Chance Facilities: any establishment where games of chance are regularly played as
defined and licensed through The Saskatchewan Gaming Corporation Act (where required).
Garage, Private: 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: -Shall mean any garage available to the public, operated for gain, and which is
used for repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other
motor vehicles, including painting, body work and major repairs.
Garage, Storage: a garage exclusively used for the storage of motor vehicles and where no repair
facilities are maintained.
Gas Bar: a building or facility used for the retail sale of motor vehicle fuels from fixed pumps.
Grade Level: the average level of the finished surface of the ground adjacent to the exterior walls
of the building or structure. In the case of one-unit dwellings, two-unit dwellings and semi-
detached dwellings with a walk-out basement, grade level shall be the average elevation of the
finished surface of the ground adjacent to the side walls of the building.
Hazard Land: land which is subject to flooding, ponding, subsidence, landslides or erosion.
Hazardous Material: any product, substance or organism which, because of its quantity,
concentration or risk of spill, or its physical, chemical or infectious characteristics, either
individually or in combination with other substances, is an existing or potential threat to the
physical environment, to human health or to living organisms, including but not limited to:
(a)
Corrosives;
(b)
Explosives;
(c)
Flammable and combustible liquids;
(d)
Flammable solids; substances liable to spontaneous combustion; substances that on contact
with water emit flammable gases;
(e)
Gases, compressed, deeply refrigerated, liquified or dissolved under pressure;
(f)
Oxidizing substances; organic peroxides;
(g)
Poisonous (toxic) or infectious substances;
(h)
Radioactive materials;
(i)
Waste Dangerous Materials; and/or,
(j)
Any other environmentally hazardous substance.
City of North Battleford Zoning Bylaw
11
Health Care Clinic: 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: 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: a home based business owned and operated by a resident or
residents of the dwelling unit.
Home Based Business - Type II: 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: a building or part of a building used as a place for sleeping accommodation with or without
meals, and which may have a licensed beverage room, but does not include a motel.
Indoor Storage Rental Facilities: a commercial building divided into individual rentable spaces,
each divided by a fence, wall, or other similar barrier, for the purpose of private storage, and may
include an office for the operator.
Intersection: an area where two or more streets or lanes meet or cross at grade.
Junk and Salvage Yards: uses including, but not limited to, 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: a building or part of a building used for the temporary care, boarding, and
accommodation of animals and pets, where animals and pets are kept for overnight stays or longer.
Kennel, Breeding: the keeping of more than four dogs, cats or other domestic animals, male and
female, and which are more than 12 months old, for breeding purposes.
Land Farm: a bioremediation technology in which contaminated soils are mixed with soil
amendments such as soil bulking agents and nutrients, and then they are tilled into the earth. The
material is periodically tilled for aeration. Contaminants are degraded, transformed, and
immobilized by microbiological processes and by oxidation. Soil conditions are controlled to
optimize the rate of contaminant degradation. Moisture content, frequency of aeration, and pH are
all conditions that must be controlled. Land farming differs from composting because it actually
incorporates contaminated soil into soil that is uncontaminated.
Landfill: a specially engineered site for disposing of solid waste on land, constructed so that it
will reduce hazard to public health and safety.
Landscaping: the changing, rearranging, or adding to the original vegetation of a site, including
site grading, addition of topsoil, grass, trees, plants, sidewalks and other natural or decorative
features.
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Lane: a public highway vested in the Crown as a secondary level of access to a lot or parcel of
land.
Light Manufacturing: a light industrial use where all processing, fabricating, assembly, or
disassembly of items takes place wholly within an enclosed building, including, but not limited to
apparel, food, drapes, clothing accessories, bedspreads, decorations, artificial plants, jewellery,
instruments, computers, electronic devices.
Linear Park: dedicated land developed in a linear fashion, between 15 and 35 metres in width,
intended to facilitate pedestrian and cycling transportation, and may also facilitate the management
of storm water.
Loading Space: a space, measuring at least 3.0 metres in width and 7.5 metres in depth, located
on a site, and having access to a street or lane, in which a vehicle may park to load or unload goods.
Lot: an area of land with fixed boundaries and which is of record with the Information Services
Corporation by Certificate of Title.
Lounge: 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: a single story commercial building in which, up to six (6) permitted or discretionary
commercial uses are located together for their mutual benefit, each use having a separate entrance
to the outside.
Mayor: the Mayor of the City of North Battleford.
Medical, Dental and Optical Laboratory: 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.
Medical Marijuana Facility: any building in which an activity authorized by the Access to
Cannabis for Medical Purposes Regulations, or any successor or replacement legislation or
regulation, is or may be conducted including such activities as growing, processing, labelling and
packaging, storing and transporting of marijuana.
Membrane Covered Structure: a structure consisting of a frame that is covered with a plastic,
fabric, canvas or similar non-permanent material, which is used to provide storage for vehicles,
boats, recreational vehicles, or other personal property. The term shall also apply to structures
also commonly known as hoop houses, canopy covered carports, tent garages and can be fully or
partially covered, but does not include gazebos.
Minister: the member of the Executive Council to whom, for the time being, is assigned the
administration of The Planning and Development Act, 2007.
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Mobile Home: a trailer coach:
(a)
that is used as a dwelling all year round;
(b)
that has water faucets and shower or other bathing facilities that may be connected to a
water distribution system;
(c)
that has facilities for washing and a water closet or other similar facility that may be
connected to a sewage system;
(d)
that is self contained and does not require a permanent foundation; and
(e)
that conforms to Canadian Standards Association, Construction Standard No.Z240.2.1-
1979 and amendments thereto.
Mobile Home Court: any parcel of land on which two or more occupied mobile homes are located
and includes any structure used or intended to be used as part of the equipment of such mobile
home court.
Mobile Home, Double Wide: a mobile home consisting of two sections, separately towable, but
designed to be joined together into one building.
Mobile Home, Single Wide: a mobile home designed to be towed as a single load and less than
6.09 metres wide.
Mobile Home Site: an area of land in a mobile home court for the placement of a mobile home.
Mobile Home Subdivision: any residential subdivision of land containing lots 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 lot and in which all such lots, public open spaces,
internal streets and lanes, buffer zones and other amenity areas form a contiguous area of
development.
Modular Unit: a factory built frame or shell which comprises supporting and non-supporting
walls, siding and other components of a prefabricated home representing only a section of a
dwelling and has neither chassis, running gear nor its own wheels.
Modular Home: a factory built home that is manufactured on as a whole or modular unit and is
designed to be moved on removable chassis to a permanent, heated foundation to be used as a
single detached dwelling unit, and is certified by the manufacturer that it complies with the
Canadian Standards Association Code CSA - A277 standard.
Modular Home, Single Wide: a modular home that is designed to be moved and placed onto a
permanent foundation as a whole unit in a single load and which is less than 5 metres in width.
Modular Home, Double Wide: a modular home that is designed to be moved and placed onto a
permanent foundation in two or more modular units that, when joined together exceed 8 metres in
width.
Motel: an establishment consisting of a group of attached or detached living or sleeping
accommodations each with a bathroom, located on a lot or site and designed for use by the public,
and may include a restaurant or licensed dining room.
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Municipal Facility: land and/or structures owned by the Municipality including, but not limited
to, land and/or structures used for the following:
(a)
Office and/or meeting space;
(b)
Storage of municipal equipment and/or supplies;
(c)
Recreation; and/or
(d)
Other institutional purposes.
Municipality: the City of North Battleford.
Night Club: 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.
Non-Conforming Building: a building:
(a)
that is lawfully constructed or lawfully under construction, or in respect to which all
required permits have been issued, on the date that this Bylaw or any amendment to the
Bylaw affecting the building or land on which the building is situated or will be situated,
becomes effective; and,
(b)
that on the date this Bylaw or any amendment hereto becomes effective does not or when
constructed will not comply with this Bylaw.
Non-Conforming Site: a site, consisting of one or more contiguous parcels, to which all required
permits have been issued on the date that this Bylaw or any amendment to the Bylaw becomes
effective, contains a use that conforms to the Bylaw, but the site area or site dimensions do not
conform to the standards of the Bylaw for that use.
Non-Conforming Use: a lawful specific use:
(a)
being made of land or a building or intended to be made of a land or of a building lawfully
under construction, or in respect to which all required permits have been issued, on the date
this Bylaw or any amendment hereto becomes effective; and,
(b)
that on the date this Bylaw or any amendment hereto becomes effective does not, or in the
case of a building under construction or in respect of which all required permits have been
issued, will not comply with this Bylaw.
Nurseries, greenhouses and garden centers: a building or structure and associated lands used
for the growing of flowers, fruits, vegetables, plants, shrubs, trees or similar vegetation, including
the retail sale of those products, and may include the sale of gardening tools and implements. This
does not include the growing, processing, labelling and packaging, storing, transporting or retail
sale of cannabis.
Office and Office Building: a building or part of a building used primarily for conducting the
affairs of a business, profession, service, industry, or government in which no goods or
commodities of business or trade are stored, transshipped, sold or processed. It may include
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multiple independent offices and businesses within a shared office building in a business incubator
or co-working setup.
Office, Major: an office or office building 334 m2 in gross floor area or larger.
Office, Minor: an office or office building under 334 m2 in gross floor area.
Official Community Plan: the Official Community Plan for the City of North Battleford.
Outfitter Lodge: a recreation facility that provides outfitting services by a licensed outfitter and
which include accommodations licensed under The Public Accommodation Regulations and the
storage and provision of related outfitting equipment, or the dressing, butchering, cleaning, or
freezing of game or fish, as part of the service.
Parking Lot: an open area of land, other than a street, used for the temporary parking of more
than four vehicles and available for public use whether free, for charge, or for accommodation of
clients or customers.
Parking, Off-Street: accommodation for the parking of vehicles off a public street or lane.
Parking Space, Vehicle: a space within a building or parking lot for the parking of one vehicle
and which has access to a developed street or lane, having minimum dimensions of 2.6 metres
wide by 6.7 metres deep with direct lane access; 3.0 metres wide by 6.7 metres deep for a parallel
space; and 2.6 metres wide by 5.5 metres deep for all other.
Pawnshop or Pawn Broker: any development, business or individual providing services that is
identified as a pawn transaction and is required to record and report transactions as laid out in The
Pawned Property (Recording) Act and The Pawned Property (Recording) Regulations of the
Province of Saskatchewan.
Permitted Use: any use or form of development, other than a discretionary use, specifically
allowed in a zoning district subject to the regulations applicable to that zoning district.
Personal Care Home: a facility licensed under the Personal Care Homes Act that provides long
term residential, social and personal care, including accommodation, meals, supervision or
assistance for persons who have some limits on ability for self-care, and are unrelated to the
operator or owner.
(i) Personal Care Home, Type I: a personal care home in which the number of residents,
excluding staff, does not exceed four.
(ii) Personal Care Home, Type II: a personal care home in which the number of residents,
excluding staff, is greater than four.
Personal Service Shops: establishments engaged in providing the care of a person or their apparel,
which include barber shops, hairstyle salons, laundries, dry cleaners, shoe repair, photographic
studios and other similar uses.
Photography Studio: a place used for portrait or commercial photography, including the
developing and processing of film, and the repair or maintenance of photographic equipment.
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Place of Worship: a place used for worship and related religious, philanthropic or social activities
and includes accessory rectories, manses, meeting rooms and other buildings. Typical uses include
churches, chapels, mosques, temples, synagogues and parish halls.
Preschool: a facility which provides a program for preschool aged children.
Primary Building Face: the exterior building walls facing a street and any other exterior building
wall facing a parking lot that contains a public entry to the principal building, not including rear
lanes, as illustrated below:
Private Service Homes: a service home for 5 persons or less (exclusive of receiving family) and
approved by Provincial regulations and certified by the province, that provides care in a residential
family setting to those in need of personal services, supervisions or assistance essential for
sustaining the activities of daily living.
Public Hospital: a hospital operated by the Regional Health Authority.
Public Utility: a government, municipality or corporation under Federal or Provincial statute
which operates a public work.
Public Work: shall include:
(a)
systems for the production, distribution or transmission of electricity;
(b)
systems for the distribution, storage or transmission of natural gas or oil;
(c)
facilities for the storage, transmission, treatment, distribution or supply of water; and/or,
(d)
solid or liquid waste management or disposal facility;
(e)
telephone, internet, cable television or light distribution or transmission lines; and,
(f)
facilities for the collection, storage, movement and disposal of storm drainage.
Recreational Facility, Commercial: a recreation or amusement facility operated as a business
and open to the general public for a fee.
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Recreational Facility, Public: a recreation or amusement facility operated by the province,
municipality, or a non-profit organization and open to the general public.
Recreation Vehicle: a unit intended to provide temporary living accommodation for campers or
travellers; built as part of, or to be towed by, a motor vehicle; and includes truck campers, motor
homes, tent trailers and travel trailers.
Recycling Collection Depot: 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:
(a)
processing of recyclable material other than compaction;
(b)
collection and storage of paints, oil, solvents or other hazardous material(s); nor,
(c)
outdoor compaction.
Rental Store: a business with a storefront offering the rental of equipment, tools, furnishings,
catering and event supplies, and similar items. It does not include rental of vehicles.
Residential Care Facility: 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: a residential care facility in which the number of residents,
excluding staff, does not exceed four.
Residential Care Facility - Type II: a residential care facility in which the number of residents,
excluding staff, is more than four.
Restaurant: 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: a place where goods, wares, or merchandise are offered for sale or rent, and may
include the manufacturing of products to be sold on site, provided the gross floor area used for
manufacturing does not exceed 25% of the gross floor area of the retail store.
Rooming House: a building that contains more than one rooming unit, including a boarding or
lodging house.
Rooming Unit: a room or rooms for accommodation, other than a dwelling unit or other form of
accommodation defined elsewhere defined elsewhere in this Bylaw, with sleeping facilities but
without private toilet facilities.
School, Private: a facility which meets Provincial requirements for elementary, secondary, or
higher education, and which does not secure the majority of its funding from taxation or any
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governmental agency, and may include vocational and commercial schools, music or dance
schools and other similar schools.
School, Public: a facility which meets Provincial requirements for elementary or secondary
education, and which secures the majority of its funding from taxation.
Scrap Metal Dealers or Recyclers: any development, business, or individual providing services
related to the collection, distribution, or recycling of scrap metals, and which is required to record
and report transactions as laid out in The Pawned Property (Recording) Act and The Pawned
Property (Recording) Regulations of the Province of Saskatchewan.
Screening: a fence, wall, berm or planted vegetation located so as to visually shield or obscure
one abutting area of use from another.
Second Hand and or Consignment Store: A retail establishment carrying on the business of
purchasing, selling, collecting, exchanging, or otherwise dealing in second hand or used goods,
including the repair of such goods, unless the goods fall under the requirements for reporting under
The Pawned Property (Recording) Act and The Pawned Property (Recording) Regulations of the
Province of Saskatchewan. It does not include the sale of used vehicles, recreational vehicles and
watercraft, or construction and industrial equipment.
Service Station: 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.
Shipping Containers: a prefabricated metal container or box specifically constructed for the
transport of goods by rail, ship or transport truck.
Shopping Centre: a building, or group of buildings, located on the same site and managed as a
single unit, in which individual spaces are leased to permitted or discretionary commercial uses
for their mutual benefit, including the use of off-street parking and other joint facilities.
Sight Triangle: 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 a
measured distance along said site lines (refer to Figure 2-3).
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Figure 2-3: Sight Triangles
Sign: any device, letters, figures, symbols, emblems, or pictures which are affixed to, or
represented directly or indirectly upon a building or structure, which identify or advertise any
object, product, place, activity, person, organization or business; and which is visible on a street
or public thoroughfare.
Signable Area: area of a building's primary building face where a fascia sign may be affixed to.
Sign, Awning: a sign made from canvas, plastic or similar non-rigid material affixed to a frame
and attached to a building wall (refer to Figure 2-4(a)).
Figure 2-4(a): Illustration of Awning Sign
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Sign, Canopy: a sign consisting of a rigid, multi-sided structure supported by columns or posts
embedded in the ground (refer to Figure 2-4(b)).
Figure 2-4(b): Illustration of Canopy Sign
Sign, Directional / Information: a sign giving directions, instructions or facility information but
not including any advertising copy.
Sign, Fascia: a sign fastened to or painted on the wall of a building or structure in such a manner
that the wall becomes the supporting structure for, or forms the background surface of the sign,
and which does not project more than 0.25 metres from such building or structure.
Sign, Free-Standing: a non-movable sign, not affixed to a building, and which is supported by a
pole or similar structure.
Sign, Marquee: a sign that is mounted or painted on, or attached to an awning, canopy or marquee.
Sign, Monument: a freestanding sign that is detached from a building and having a support
structure that is a solid-appearing base constructed of a permanent material, such as concrete block
or brick. All other freestanding sign types not meeting the definition of a monument sign shall be
either a pole sign or a pylon sign.
Sign, Portable: 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
(refer to Figure 2-4(c)).
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Figure 2-4(c): Illustration of Portable Signs
Sign, Projecting: a sign which is wholly or partially dependent upon a building for support and
which projects more than 0.25 metres beyond the wall of the building (refer to Figure 2-4(d)).
Figure 2-4(d): Illustration of Projecting Sign
Sign, Roof: 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: a removable sign erected for a period of time not exceeding six months.
Site: one or more contiguous lots under one ownership and used, or intended to be used, by a
single principal use or principal building.
Site, Corner: a site at the intersection of two or more streets (refer to Figure 2-5).
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Figure 2-5: Illustration of Site Definition
Site, Interior: a site other than a corner site or through site (refer to Figure 2-5).
Site Coverage: that portion of the site that is covered by principal and accessory buildings.
Site Line, Front: 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: the line at the rear of the site and opposite the front site line.
Site Line, Side: a site line other than a front or rear site line.
Site, Through: a site not more than one lot in depth, having a frontage on two streets more or less
parallel (refer to Figure 2-5).
Site Width: for rectangular sites, the horizontal distance between the side boundaries of the site
measured along the front site line. For non-rectangular sites, the average of the horizontal
distances between the side boundaries of the site measured along the front and rear site lines (refer
to Figure 2-6).
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Figure 2-6: Illustrations of Site Width
Solar Collectors: the components and subsystems required to convert solar energy into electric
or thermal energy. Solar collectors shall operate as an accessory structure to the principal building
or use of the same site.
Solar Farms: an installation or area of land in which the components and subsystems required to
convert solar energy into electric or thermal energy are set up to generate electricity as the principal
use of the site.
Street: a public thoroughfare which affords the principal means of access to the abutting property.
Streetscape: the physical elements of the street, as seen from a human perspective, including but
not limited to: trees and other vegetation; sidewalks, medians, and boulevards; the frontages,
façades, massing, scale, and architectural aesthetic of buildings; moving and parked vehicles;
pedestrians; roadways and lanes; signage; and utility elements that define the character, perception,
scale, or overall "feel" of the street or neighbourhood.
Structural Alteration: the construction or reconstruction of supporting elements of a building or
other structure.
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Structure: 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.
Suite, Garage: a self-contained dwelling unit that is attached to a detached garage on a site in
which the principal use is a one unit dwelling, and to which the suite is an accessory use.
Suite, Garden: a self-contained dwelling unit that is located in the rear or side yard of a site in
which the principal use is a one unit dwelling, and to which the suite is an accessory use.
Suite, Secondary: a self-contained dwelling unit that is an accessory to, and located within, a
building in which the principal use is a single detached dwelling, semi-detached dwelling, or two-
unit dwelling.
Tavern: 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.
Telecommunication Tower: a development including:
(a) microwave towers, including mobile (cellular) phone towers and associated facilities;
(b) internet receiving and/or transmittal towers and associated facilities;
(c) radar stations;
(d) radio and television towers and associated facilities;
(e) private antennas or structures including those used for ham radio, CB, SCADA, etc;
(f) any other tower or structure used for receiving and/or transmitting electromagnetic
radiation; and
(g) an accessory building or structure to the above.
Telecommunication Tower, Major: a telecommunication tower with a height measuring 15
metres or more.
Telecommunication Tower, Minor: a telecommunication tower measuring under 15 metres in
height.
Temporary Building: 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.
Temporary Use: a use established for a fixed period of time and that is to be discontinued upon
the expiration of the time period specified for that use.
Terrace: 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: a place devoted to showing motion pictures or dramatic, dance, musical or other live
performances.
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Tourist Campground: a tract or parcel of land which provides for the location of tents or
recreation vehicles used by travellers and tourists for overnight accommodation.
Townhouse: a dwelling, designed as one cohesive building in terms of architectural design, which
contains three (3) or more similar attached dwelling units each of which fronts on a street, has
direct access to the outside at grade and is not wholly or partly above another dwelling.
Trailer Coach: any vehicle used or constructed in such a way as to enable it to be used as a
conveyance upon public streets or highways and includes a self-propelled or non-self-propelled
vehicle designed, constructed or reconstructed in such a manner as to permit the occupancy thereof
as a dwelling or sleeping place for one or more persons notwithstanding that its running gear is
removed or that it is jacked up.
Use: the purpose or activity for which a piece of land, or its building is designed, arranged,
intended, occupied or maintained.
Use, General Industrial: Activities and operations that may be a General Industrial Use include
but are not limited to:
(a)
the processing of raw or finished materials;
(b)
the manufacturing or assembly of goods, products or equipment;
(c)
the cleaning, servicing, repairing or testing of materials, goods and equipment normally
associated with industrial or commercial businesses or cleaning, servicing and repair
operation to goods and equipment associated with personal or household use, where such
operations have impacts that would make them incompatible with residential land uses;
(d)
the storage or transshipping of materials, goods and equipment, including warehouses;
(e)
indoor display, office, technical or administrative support areas or any sales operation
accessory to the general industrial use; and/or,
(f)
the training of personnel in general industrial operation accessory to the general light
industrial use.
Use, General Industrial - Light: is differentiated from General Industrial Use by the allowable size
of the site on which the use may be located, and whereby the site may provide sufficient area for
separation from principal residential land uses (where applicable). Activities and operations that
may be a General Industrial - Light Use include but are not limited to:
(a)
the processing of raw or finished materials;
(b)
the manufacturing or assembly of goods, products or equipment;
(c)
the cleaning, servicing, repairing or testing of materials, goods and equipment normally associated
with industrial or commercial businesses or cleaning, servicing and repair operation to goods and
equipment associated with personal or household use, where such operations have impacts that would
make them incompatible with residential land uses;
(d)
the storage or transshipping of materials, goods and equipment, including warehouses;
(e)
indoor display, office, technical or administrative support areas or any sales operation accessory to
the general industrial -light use; and/or,
(f)
the training of personnel in general industrial operation accessory to the general industrial - light
use."
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Veterinary Clinic: 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.
Wall Height: the vertical distance of a building measured at the outermost building face, from
grade level to the top of the wall, not including the roof.
Warehouse: a building used primarily for the storage of goods and materials.
Waste Management or Disposal Facility, Liquid: Shall mean a facility to accommodate any
liquid waste in solution or suspension from residential, commercial, institutional and industrial
sources, but does not include a septic system for a single residence, or a manure storage area for
an intensive livestock operation.
Waste Management or Disposal Facility, Solid: Shall mean a facility, including waste transfer
stations and landfills, to accommodate discarded materials, substances or objects which originated
from residential, commercial, institutional and industrial sources, but not including dangerous
goods, hazardous waste or biomedical waste.
Waste Transfer Station: Shall mean a facility where solid waste is stored and sorted prior to
being transported to another or adjacent site for recycling, treatment or disposal.
Waste, Liquid: Shall mean any liquid waste in solution or suspension from residential,
commercial, institutional and industrial sources.
Waste, Solid: Shall mean discarded solid materials or objects which originated from residential,
commercial, institutional and industrial sources.
Wholesale Establishment: the sale of commodities to retailers or jobbers and shall include the
sale of commodities for the purpose of carrying on any trade or business.
Wind Collectors: the components and subsystems required to convert wind energy into electric
energy. Wind collectors shall operate as an accessory structure to the principal building or use of
the same site.
Yard: an unoccupied space open to the sky on the same site with a building or structure.
Yard, Front: the area between the side site lines and the front site line to the front building line.
Yard, Rear: the area between the side site lines, and the rear site line to the rear building line.
Yard, Required: a yard or yards required by this Bylaw and within which, unless specifically
permitted, no building or structure, or part of a building or structure shall be erected.
Yard, Side: the area between the front and rear yards and between the side site line and the side
building line.
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Zero-Setback: a front yard on a site that measures zero metres. A property with a zero-setback
has its principal building built immediately up to the front site line. The most common zero-setback
properties are within the downtown core area.
Zoning District: a specifically delineated area of the municipality within which certain uniform
requirements and regulations or various combinations thereof govern the use, placement, spacing
and size of land and structures.
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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 person authorized, in writing, by the City
manager to act as a Development Officer for the purposes of this Bylaw and The
Act.
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 213 to 232 of The Act.
3.2.2 A development permit is not required, but all other applicable provisions of this
Bylaw are to be followed, for the following:
(1)
the maintenance of a public work by the municipality or a public utility;
(2)
the construction of a public work by the municipality;
(3)
the installation of a public work on any street or other public right-of-way
by the municipality;
(4)
maintenance and repairs that do not include structural alterations;
(5)
fences, subject to Section 4.7;
(6)
accessory buildings smaller than 9.3 m2 in area, subject to Section 4.8;
3.2.3 The effective period for a development permit is 12 months. This period may be
extended by the Development Officer for an additional 12 months if requested in
writing by the permit holder. A development permit shall be automatically invalid:
(1)
if the proposed development is not commenced within 12 months from the
permit issuance date, or
(2)
if the proposed development is legally suspended or discontinued, for a
period of 12 or more months, unless otherwise indicated by Council or the
Development Officer.
3.2.4 A building permit shall not be issued unless a development permit, where required,
has been granted. If a development permit is deemed void, a new building permit
City of North Battleford Zoning Bylaw
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or sign permit is required in conjunction with the issuance of a replacement
development permit.
3.2.5 An application for a development permit shall be processed concurrently with an
application for a sign permit. The development permit shall take the form of a
stamp affixed to the required sign permit.
3.3 DEVELOPMENT PERMIT APPLICATION REQUIREMENTS
3.3.1 Except in the case of applications for a sign permit, a portable sign license or a
home based business, every application for a development permit shall be
accompanied by the following:
(1)
the names, addresses and telephone numbers of the applicant, property
owner and person or consultant who prepared the plans being submitted,
including a local contact person.
(2)
the proposed use of the site or building to be constructed, or the proposed
use of the existing building floor area to be altered or occupied, including
the area of the proposed building or renovations.
(3)
the complete legal description and civic address of the subject property.
(4)
two copies of a site plan, drawn to scale with appropriate dimensions,
showing the following information:
(a)
north arrow, streets and lanes adjacent to the site, key plan showing
nearby lot patterns, all property boundaries, identified frontage of
site, site area, site elevations and the location of any existing
buildings, structures, utility poles and wires, fire hydrants,
underground utilities, easements, building encroachments, and the
type and location of existing trees;
(b)
the location and size of proposed buildings or structures, including
all front, side and rear yard setback dimensions and the location of
all doorways, walkways and pedestrian circulation areas; and,
(c)
the location and size of all proposed parking spaces, aisles and
vehicle circulation areas, loading spaces, and entrances and exits to
the site.
(5)
two copies of scaled plans, showing the dimensioned floor plans and
elevations, including both interior and exterior wall and floor dimensions
and room areas and dimensions.
(6)
where an applicant is not the property owner, written authorization from the
property owner shall be provided consenting to the proposed development
City of North Battleford Zoning Bylaw
30
permit application and/or delegating authority to the applicant to complete
the permitting process.
3.3.2 The Development Officer may require the submission of documentation relating to
the requirements of Section 4.15 of this Bylaw, where relevant.
3.4 DEVELOPMENT PERMIT APPLICATION PROCESS
3.4.1 Applications for a development permit shall be submitted to the Development
Officer in accordance with the requirements of this Bylaw.
3.4.2 The Development Officer shall issue a development permit for a development that
complies in all respects with the requirements of this Bylaw, the Official
Community Plan and The Act.
3.4.3 Where an application is made for a development permit with respect to a
development for a discretionary use which has been approved by Council, the
Development Officer shall issue a development permit subject to any specified
development standards and time limits prescribed by Council pursuant to Section
56(1)(c) and (d) of The Act.
3.4.4 Every decision of the Development Officer with respect to an application for a
development permit shall be in writing and a copy of the decision shall be sent to
the applicant.
3.4.5 The Development Officer may revoke a development permit where:
(1)
the development permit has been issued in error;
(2)
an approved development for a permitted use is not being developed in
accordance with the provisions of this Bylaw, or in accordance with the
standards and conditions specified in the development permit;
(3)
the approval of a proposed development for a discretionary use is deemed
to be invalid; or,
(4)
a development is subject to an agreement which has been cancelled by
Council pursuant to Sections 65 or 69 of The Act.
3.4.6 The Development Officer shall give the reasons for denying or revoking a
development permit.
3.4.7 The Development Officer may refer any application concerning development, to
Council for Zoning Bylaw interpretation where it deems it necessary, or for
approval.
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31
3.6 DEVELOPMENT APPEALS BOARD
3.6.1 A Development Appeals Board of the City of North Battleford shall be appointed
in accordance with Sections 49(j) and 213 to 227 of The Act.
3.7 RIGHT OF APPEAL
3.7.1 Where an application for a PERMITTED USE has been REFUSED, the applicant
shall be advised of the right of appeal to the Development Appeals Board of the
City of North Battleford.
3.7.2 Where an application for a DISCRETIONARY USE has been APPROVED by
Council, WITH PRESCRIBED SPECIAL DEVELOPMENT STANDARDS
pursuant to this Bylaw, the applicant shall be advised that any development
standards considered excessive, may be appealed to the Development Appeals
Board of the City of North Battleford.
3.7.3 Where an application for a DISCRETIONARY USE has been REFUSED by
Council, the applicant shall be advised that there is no appeal pursuant to Section
219(2) of The Act.
3.7.4 An application for a Development Permit for a PERMITTED USE shall be deemed
to be refused when a decision thereon is not made within 40 days after the receipt
of the application in its complete and final form by the Development Officer, and
an appeal may be made as provided in Section 3.7.1 as though the application had
been refused at the end of the period specified in this subsection.
3.7.5 Where a person wishes to appeal to the Board, he/she shall file written notice of
his/her intention to appeal with the secretary of the Board, together with a sum of
not more than $50.00 that the Board may specify to be applied to the expenses of
the appeal.
3.8 MINOR VARIANCES
3.8.1
The Development Officer shall be authorized to review, consider, and make
decisions regarding application for minor variances.
(1)
Notwithstanding 3.8.1, the Development Officer at its discretion may defer
any decision on a minor variance to Council.
3.8.2 The provisions and procedures of Section 60 of the Act shall apply to applications
for minor variances, noting the additional authority given to the City as an
approving authority to allow variances for matters beyond yard setbacks and
building to building separations as prescribed in 3.8.4 of this Bylaw.
3.8.3 The Development Officer or Council shall adhere to the provisions of Subsections
60(5)-(9) of the Act.
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3.8.4 The matters for which a minor variance may be considered is as follows:
(1)
a variance of up to 10% of any: yard requirement, maximum site coverage
requirement, setbacks or minimum required distances between buildings
for a use that is a permitted or discretionary use as specified in this Bylaw.
(2)
a variance of up to 20% of the maximum wall height for accessory
buildings, subject to Section 4.8.3 in this Bylaw.
(3)
a variance of up to 10% reduction of minimum building floor area.
(4)
notwithstanding clauses (1) - (3) above, the Development Officer or
Council shall not grant a minor variance if the requirements of the
Building Bylaw and fire code with respect to building setbacks and
building heights will not be achieved, or where additional site coverage
may result in creating negative implications for surface water drainage for
municipal infrastructure or adjacent properties.
3.8.5 The Development Officer shall maintain a registry of the location and all relevant
details of the granting of such variances.
3.8.6 An application for a minor variance shall be in a form prescribed by the
Development Officer and shall be accompanied by the application fee.
3.9 NON-CONFORMING USES, BUILDINGS AND SITES
3.9.1 Non-conforming uses, non-conforming buildings and non-conforming sites shall
be subject to Sections 88 - 93 inclusive of The Act.
3.9.2 No existing building, site or use 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.
3.10 DISCRETIONARY USE APPLICATIONS
3.10.1 The following procedures shall apply to discretionary use applications:
(1)
Applicants must file with the Development Officer a development permit
application, a site plan, any other plans and information as required by the
Development Officer and pay the required application and public hearing
fees;
City of North Battleford Zoning Bylaw
33
(2)
The application will be examined by the Development Officer for
conformance with the Official Community Plan, this Bylaw, and any other
applicable policies and regulations;
(3)
The Development Officer may request comments from other government
agencies where applicable;
(4)
The Development Officer will prepare a report concerning the application
including recommendations that conditions be applied to an approval;
(5)
The Development Officer will set a date for the meeting at which the
application will be considered by Council and will give notice by ordinary
mail to assessed owners of property within 75 metres of the boundary of the
applicant's land.
(a)
The notice shall be provided to assessed owners the greater of: one
(1) week prior to consideration by the Development Officer and
Council; any discretionary use notification procedure adopted by
Council; or, any amount of time or type of notification identified in
this bylaw for a specific use.
(b)
The Development Officer may extend the notification area where the
nature and proposed location of the use may have impacts on other
land users and owners, for which the Development Officer or
Council may wish to seek public comment.
(6)
The Development Officer will set a date for the meeting at which the
application will be considered by Council and will give notice by ordinary
mail to assessed owners of property within 75 metres of the boundary of the
applicant's land.
(7)
Council shall consider the application together with the report of the
Development Officer, and any written or verbal submissions received by
Council;
(8)
Council may reject the application or approve the application with or
without conditions, including a condition limiting the length of time that the
use may be conducted on the site; and,
(9)
The Development Officer shall notify the applicant of Council's decision by
ordinary mail addressed to the applicant at the address shown on the
application form.
(10)
Where an application for a discretionary use is approved by resolution of
Council, the Development Officer shall issue a development permit subject
any specified development standards prescribed by Council pursuant to
Section 3.10.4.
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34
(11)
The Development Officer shall maintain a registry of the location and all the
relevant details respecting the granting of the discretionary use approval.
3.10.2 Terms and Conditions for Discretionary Use Approvals
Discretionary uses, discretionary forms of development, and associated accessory
uses are subject to the development standards and applicable provisions of the
zoning district in which they are located. In approving any discretionary use to
minimize land use conflict, Council may prescribe specific development standards
related to:
(a)
site drainage of storm water;
(b)
the location of buildings with respect to buildings on adjacent
properties;
(c)
access to, number and location of parking and loading facilities
including adequate access and circulation for pedestrian and vehicle
traffic;
(d)
appropriate space for vehicle line ups for drive through commercial
facilities in order to reduce disruption of traffic flows on adjacent
roadways;
(e)
control of noise, glare, dust and odour;
(f)
landscaping, screening and fencing and preservation of existing
vegetation to buffer adjacent properties;
(g)
the size, shape and arrangement of buildings, and the placement and
arrangement of lighting and signs; and / or
(h)
intensity of use.
(3)
Council's approval of a discretionary use application is valid for a period of
twelve (12) months from the date of the approval. An approval shall be
deemed to be invalid if the proposed use or proposed form of development
has not commenced within that time or if the Council determines, within
the twelve (12) month approval period, that the proposed development is
not proceeding in accordance with the terms and conditions of its approval.
The Development Officer shall advise the applicant when an approval is no
longer valid and shall revoke the associated development permit.
(4)
If an approved discretionary use or form of development ceases to operate
for a period of six (6) months or more, the discretionary use approval shall
no longer be valid. The Development Officer shall advise the owner and
Council when a prior approval is no longer valid.
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35
(5)
Council may agree to an extension of a discretionary use approval for an
additional twelve (12) month period and direct the Development Officer to
issue a development permit for the extended period.
3.10.3 General Discretionary Use Evaluation Criteria
Council will apply the following general criteria and where applicable the use
specific criteria in Section 3.10.4 in the assessment of the suitability of an
application for a discretionary use or discretionary form of development. Where
supplementary evaluation criteria is not provided in Section 3.10.4 for a specific
use, Council deems the general evaluation criteria of this section to be sufficient for
evaluation.
(1)
The proposal must be in conformance with all relevant sections of the
Official Community Plan and must demonstrate that it will maintain the
character, density and purpose of the zoning district, where necessary
through the provision of buffer areas, separation and screening.
(2)
The proposal must be capable of being economically serviced by
community infrastructure including roadways, water and sewer services,
solid waste disposal, parks, schools, and other utilities and community
facilities.
(3)
The proposal must demonstrate that it is not detrimental to the health, safety,
convenience or general welfare of persons residing or working in the
vicinity or injurious to property, improvements or potential development in
the vicinity.
(4)
The proposal must provide sufficient landscaping and screening, and,
wherever possible, shall preserve existing vegetation.
(5)
The proposal must demonstrate that any additional traffic generated by the
use, can be adequately provided for in the existing parking and access
arrangements. Where this is not possible further appropriate provisions
shall be made so as to ensure no adverse parking or access effects occur.
(6)
Consideration will be given to the presence of activities already located in
the area and on the site, and their effect on the surrounding residential
environment, such as the cumulative effect of locating an activity on a site
adjacent to or already accommodating an activity that may currently
generate traffic, noise, etc. not in keeping with the character of the adjacent
area.
(7)
Consideration will be given to addressing pedestrian safety and
convenience both within the site, and in terms of the relationship to the road
network in and around the adjoining area.
City of North Battleford Zoning Bylaw
36
(8)
All operations shall comply with all regulations of Saskatchewan
Environment and Saskatchewan Labour which govern their operation and
development.
(9)
Proposals for discretionary uses which may result in heavy truck traffic,
particularly in commercial and industrial districts, should be located to
ensure that such traffic takes access to or from major streets or designated
truck routes.
3.10.4 Use Specific Discretionary Use Evaluation Criteria
The Council will apply the following use specific criteria to the assessment of the
suitability of an application for a particular discretionary use or discretionary form
of development.
Where a use within a Zoning District site regulation and development standard table
makes a cross-reference to use specific evaluation criteria below, said criteria shall
apply to the degree that it is applicable to the listed use and specific development
permit application. Listing of use in a District table and use specific evaluation
clause headings may not be perfectly harmonized or share the same term or name;
however, the content and intent of the evaluation criteria take precedence over
harmonization of terms and use names. Any matter of interpretation regarding
applicability of evaluation criteria shall be made by Council, unless such authority
or guidance has been granted to the Development Officer.
(1)
Bus Terminals and Car Washes:
(a)
The location of the bus terminal or car wash will only be favourably
considered where it can be demonstrated that the use and intensity
is appropriate to the site and that it will have a minimal impact on
the surrounding, adjacent areas. Consideration may be given, but is
not limited to, the following effects:
i)
municipal servicing capacity;
ii)
anticipated levels of noise, odour, smoke, fumes, dust,
lighting, glare, vibration or other emissions emanating from
the operation; and/or,
iii)
anticipated increased levels or types of vehicle traffic, unsafe
conditions or situations for vehicles, cyclists or pedestrians.
(b)
Bus terminals are also subject to Section 4.12.6
(2)
Convenience Stores:
(a)
Convenience stores should, where possible, be located on corner
sites to facilitate access;
City of North Battleford Zoning Bylaw
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(b)
The location of the convenience store will only be favourably
considered where it can be demonstrated that residential amenity
will not be unreasonably compromised;
(c)
Vehicle car parking and access areas should not form a dominant
element in the streetscape; and,
(d)
Any new parking and loading areas should be landscaped to improve
the visual appearance of this site.
(3)
Community Service Uses, Clubs, Public and Commercial Recreation
Facilities, Places of Worship:"
(a)
Schools, clubs and places of worship should, where possible, be
located on corner sites to facilitate access;
(b)
Public elementary and secondary schools should, where possible, be
located adjacent to public open space;
(c)
The site should be accessible from a major road network to avoid
heavy traffic volumes on residential access roads;
(d)
Consideration should be given to the location of entry and exit
points of the site and their relationship with existing intersections
and adjacent residential units; and,
(e)
Vehicle car parking and access areas should not form a dominant
element in the streetscape.
(4)
Dwelling Groups - also refer to Section 4.12.5:
(a)
All parking areas, private garages or vehicular access to units or sites
within a dwelling group should be from a roadway which is common
property internal to the parcel;
(b)
All dwelling groups should have vehicular access to a public street
from at least two points which are sufficiently separated to provide
accessible ingress and egress in case of emergency;
(c)
The suitability of a proposal will be considered with respect to:
i)
the capacity of the adjoining street system to handle the size
and location of the development. The development will not
cause excessive traffic to pass through adjoining low density
residential development;
ii)
the density of a dwelling group and building separations will
be consistent with similar residential structures on separate
subdivided parcels; and,
City of North Battleford Zoning Bylaw
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iii)
bareland condominium proposals for dwelling groups will
only be considered if there is provision for adequate
common property on the parcel.
(5)
Multiple Unit Dwellings:
(a)
The location of multiple unit dwellings will only be favourably
considered where it can be demonstrated that the use and intensity
is appropriate to the site and that it will have a minimal impact on
the surrounding, adjacent areas. Consideration may be given, but is
not limited to, the following effects:
i)
municipal servicing capacity; and
ii)
anticipated increased levels or types of vehicle traffic, unsafe
conditions or situations for vehicles, cyclists or pedestrians.
(b)
Multiple unit dwellings may be developed where located on a
second or higher floor over office, retail, restaurant, café and
personal service use on the main floor;
(c)
The parking required for multiple unit dwellings is additional to the
parking required for the commercial uses;
(d)
The suitability of a proposal will be considered with respect to:
i)
adherence to any concept plan prepared for the proposed
development area, including the proposed location of all
forms of multiple unit dwellings;
ii)
the convenience of parking; and,
iii)
appropriate size and quality of proposed dwelling units.
(6)
Night Clubs and Taverns:
(a)
The location of the night club will only be favourably considered
where it can be demonstrated that the use will have a minimal impact
on the amenity of the surrounding district and adjacent areas and
that these areas will not be unreasonably compromised;
(b)
The character of adjacent residential districts, along the zone
interface, shall, where possible, be protected and maintained
through the provision of buffer areas, separation distances and / or
screening;
(c)
Night clubs and taverns shall maintain the character, density and
purpose of the surrounding area and the district they lay within.
City of North Battleford Zoning Bylaw
39
(7)
Shopping Centres and Malls:
(a)
Malls and shopping centres shall have clearly defined pedestrian
walkways between the sidewalk and building entrances;
(b)
It must be demonstrated to the satisfaction of council that mitigation
of vehicular traffic impacts has been addressed;
(c)
Parking lots, service areas, and loading zones shall be appropriately
screened from view of the street;
(d)
Primary access to malls and shopping centres shall preferably be
from a thoroughfare street system; and,
(e)
The number and location of vehicle entrances to a commercial
development shall be consistent with the existing or anticipated
design of adjacent streets and consideration shall be given to the
minimum number of entrances needed to move traffic onto and off
the site safely and efficiently.
(8)
Emergency and Protective Services:
(a)
The site shall be accessible from a major road network to avoid heavy
traffic volumes on residential access roads.
(b)
Consideration shall be given to the location of entry and exit points
of the site and their relationship with existing intersections and
adjacent residential units.
(c)
The character of adjacent residential uses shall be protected and
maintained through the provision of buffer areas, separation
distances and screening.
(9)
Restaurants, with or without associated lounges:
(a)
Restaurants, with or without associated lounges, where possible,
should be located near similar community and support facilities; and
(b)
The character of adjacent residential districts, along the zone
interface, should, where possible, be protected and maintained
through the provision of buffer areas, separation distances and / or
screening.
(10)
Lumber yards, home improvement centres, building supply establishments
and construction trades:
(a)
The location of lumber yards, home improvement centres, building
supply establishments and construction trades will only be
City of North Battleford Zoning Bylaw
40
favourably considered where it can be demonstrated that the use and
intensity is appropriate to the site and that it will have a minimal
impact on the surrounding, adjacent areas. Consideration may be
given, but is not limited to, the following effects:
i)
municipal servicing capacity;
ii)
anticipated levels of noise, odour, smoke, fumes, dust,
lighting, glare, vibration or other emissions emanating from
the operation;
iii)
anticipated increased levels or types of vehicle traffic, unsafe
conditions or situations for vehicles, cyclists or pedestrians;
and/or,
iv)
utilization of hazardous substances.
(b)
All materials and goods used in conjunction with construction trades
shall be stored within an enclosed building, or within an area hidden
from view by screening.
(11)
Auto body shops, construction trades, freight handling facilities, taxidermy
and accessory tanning of hides, warehouses, light manufacturing, and
welding and machine shops:
(a)
The location of the use will only be favourably considered where it
can be demonstrated that the use and intensity is appropriate to the
site and that it will have a minimal impact on the surrounding,
adjacent areas. Consideration may be given, but is not limited to,
the following effects:
i)
municipal servicing capacity;
ii)
anticipated levels of noise, odour, smoke, fumes, dust,
lighting, glare, vibration or other emissions emanating from
the operation;
iii)
anticipated increased levels or types of vehicle traffic, unsafe
conditions or situations for vehicles, cyclists or pedestrians;
and,
iv)
utilization of hazardous substances.
(b)
All materials and goods used in conjunction with construction trades
shall be stored within an enclosed building, or within an area hidden
from view by screening;
(c)
Warehouses and freight handling facilities shall be accessible from
a major road network to avoid heavy traffic volumes on access
City of North Battleford Zoning Bylaw
41
roads. Consideration shall be given to the location of entry and exit
points to the site and their interrelation with existing intersections or
land constraints; and,
(d)
No outside storage is permitted for a wholesale establishment.
(12)
Light manufacturing:
(a)
All materials and goods used in conjunction with light
manufacturing plants shall be stored within an enclosed building, or
within an area hidden from view by screening; and,
(b)
All manufacturing and assembly operations in conjunction with a
light manufacturing plant shall be conducted within an enclosed
building.
(13)
Indoor storage rental facilities, recycling and collection depots, and
storage garages:
(a)
The use shall be located where practical, in a non-highly visible area,
and screened to avoid any adverse visual impact. Landscaping and
screening acceptable to Council shall be provided in all yards facing
a public roadway or properties in residential use.
(14)
Tourist campgrounds:
(a)
Wherever possible, and appropriate, any existing trees and mature
landscaping shall be retained;
(b)
Solid waste storage facilities (including adequate space for both
recycling and general waste bins) shall be provided on-site and
appropriately located and screened or landscaped to avoid any
adverse visual impact from the road and within the development;
(c)
There shall be adequate manoeuvring space on-site; and
(d)
The prevention of on-street congestion caused by the ingress and
egress of vehicles shall be considered.
(15)
Laundromats:
(a)
The location of laundromats will only be favourably considered
where it can be demonstrated that the use and intensity is appropriate
to the site and that it will have a minimal impact on the surrounding,
adjacent areas, particularly along the residential zone interface; and
(b)
Consideration shall be given to the area's municipal servicing
capacity.
City of North Battleford Zoning Bylaw
42
(16)
Golf courses:
(a)
Consideration will be given to the compatibility of the golf course
with adjacent land uses;
(b)
Insofar as possible, proposed golf courses shall respond to the
natural topography and drainways of the site, and employ minimal
clearing of native vegetation;
(c)
Buffers shall be provided to protect existing, adjacent
neighbourhoods by mitigating the adverse impacts of sound,
visibility and traffic;
(d)
Council will consider the following as an asset in the development
of a golf course:
i)
maximum use of existing landforms and native grasses and
vegetation;
ii)
an alternative water source to potable water; and,
iii)
water conserving irrigation systems.
(17)
Intensive agricultural uses (excluding livestock):
(a)
The location of agricultural uses will only be favourably considered
where it can be demonstrated that the use and intensity is appropriate
to the site and that it will have a minimal impact on the surrounding,
adjacent areas. Consideration may be given, but is not limited to,
the following effects:
i)
municipal servicing capacity;
ii)
anticipated levels of noise, odour, smoke, fumes, dust,
lighting, glare, vibration or other emissions emanating from
the operation;
iii)
anticipated increased levels or types of vehicle traffic, unsafe
conditions or situations for vehicles, cyclists or pedestrians;
and,
iv)
utilization of hazardous substances.
(18)
Accessory Dwelling Units:
(a)
Dwelling units attached to commercial establishments shall have a
main entrance separate from that of the commercial establishment.
City of North Battleford Zoning Bylaw
43
An emergency exit must be provided in addition to the main
entrance; and,
(b)
The minimum floor area of each dwelling unit shall be 28 square
metres.
(c)
The development standards of dwelling units are equivalent to the
development standards of the permitted use that the dwelling unit is
built in conjunction with.
(19)
Junk & salvage yards and auto wreckers:
(a)
Junk & salvage yards and auto wreckers shall be enclosed by an
opaque or solid perimeter fence at least 2.0 m in height, and not more
than five metres in height, with no material piled higher than the
height of the perimeter fence; and,
(b)
The perimeter fence shall not be located in the required front yard.
The required front yard shall be used for no other purpose than
landscaping and necessary access driveways to the site
(20)
Abattoirs:
(a)
Shall be located at least 91.4 metres from residential areas, schools,
hospitals, motels and restaurants.
(21)
Bulk Petroleum Tanks:
(a)
Shall be located at least 91.4 metres from residential areas, schools,
hospitals, motels.
(22)
Livestock auction facilities, meat packing plants, and stockyards:
(a)
Shall be located at least 300 metres from all residential and
community service districts.
(23)
Solid Waste Management or Disposal Facilities
(a)
Applications for new solid waste management and disposal facilities
shall be located in accordance with the North Battleford Airport
Zoning Regulations and Transport Canada Guidelines.
(24)
Telecommunication Towers
(a)
Shall be designed to limit the overall visual impact on the
surrounding area.
(25) Cannabis Retail Outlets:
City of North Battleford Zoning Bylaw
44
(a) shall have a minimum separation distance of 225m, measured from the
centre, of all public schools, playgrounds, libraries, and municipal recreation
centres;
(b) shall maintain the character, density and purpose of the surrounding area
and the district they lay within; and
(c) any signs promoting these types of businesses shall adhere to the sign
regulations in Section 4.10 Signs of The Zoning Bylaw No. 1971 and must
meet the following additional criteria:
i. Compatible with the overall character to be achieved in the
neighbourhood; and
ii. Aesthetic appearance should safeguard and, where possible,
enhance property values.
(26) Solar Farms:
The installation and operation of a solar farm shall be a discretionary use in
the FUD - Future Urban Development and M2 - Heavy Industrial Zoning
Districts and are subject to the following provisions:
(1) In any Future Urban Development District, the developer shall be held
accountable for decommissioning and site restoration. The owner of the
Facility, as provided for in its lease with the land owner, will do the
following as a minimum to decommission the project:
i. Remove all non-utility owned equipment, conduits, structures,
fencing, and foundations to a depth of at least 1m below grade;
ii. Remove all graveled areas and access roads unless the owner of
the leased real estate requests in writing for it to stay in place;
iii. Restore the land to a condition reasonably similar to its condition
before development, including replacement of top soil removed
or eroded; and
iv. Revegetate any cleared areas with grasses that are native to the
region, unless requested in writing by the owner of the real estate
to not revegetate due to plans for future urban development or
agricultural planting.
(2) In any Future Urban Development District, the subject lands may be
required to undergo an Environmental Impact Assessment prior to
development.
(3) In any Future Urban Development District or Heavy Industrial District,
the applicant shall submit an analysis of the solar glare aviation hazard
of the proposed project with the permit application.
City of North Battleford Zoning Bylaw
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(27)
Crematoriums:
(a) The location of a crematorium will only be favourably considered
where it can be demonstrated that the use and intensity is appropriate to
the site and that it will have a minimal impact on the surrounding,
adjacent areas. Consideration may be given, but is not limited to, the
following effects:
i) anticipated levels of odour, smoke, fumes, dust, or other
emissions emanating from the operation;
(b) Crematoriums shall not be permitted as a principal or accessory use on
100th Street between 14th Avenue and Territorial Drive; and
(c) The use should be appropriately screened from the street and adjacent
properties.
(28)
Boarding Kennel
(a) Consideration will be given to potentially incompatible land uses (e.g.
residential, institutional, etc.) within 100 metres of boarding kennel use.
(b) Consideration will be given to the need to employ landscaping or
screening as a condition of a permit to help mitigate potential land use
incompatibility and nuisance.
(c) Consideration will be given to limiting the hours of certain aspects of
operations as a condition of a permit relating to the exterior boarding of
animals.
(29)
Pawnshop or Pawn Broker
(a) A Pawn Shop or Pawn Broker is required to demonstrate how they intend to
achieve compliance with the reporting requirements outlined in The Pawned
Property (Recording) Act and The Pawned Property (Recording) Regulations
of the Province of Saskatchewan.
(b) Consideration will be given to the presence of incompatible existing
land uses in the vicinity such as residential and institutional uses, games
of chance facilities and retail uses selling controlled substances such as
alcohol or cannabis.
(30)
Scrap Metal Dealer or Recyclers
(a) A Scrap Metal Dealer or Recycler is required to demonstrate that how they
will be meeting all of the reporting requirements outlined in The Pawned
Property (Recording) Act and The Pawned Property (Recording) Regulations
of the Province of Saskatchewan.
City of North Battleford Zoning Bylaw
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(b) Consideration will be given to proposed screening and landscaping
plans.
(c) Consideration will be given to proposed site drainage such that
contamination does not enter the City's storm water infrastructure.
(d) Consideration will be given to the adequacy of space within the site for
parking, loading, and queuing of vehicles such that the vehicles do not
impede traffic on a City road.
(31)
Second Hand and or Consignment Stores
(a) Consideration will be given to the compatibility of the second hand and or
consignment store with adjacent land uses and the separation of incompatible
uses.
(b) Consideration will be given to the placement of a consignment store
relative to neighbouring residential uses and Districts, and what
mechanisms are available as permit conditions to limit impacts related
to appearance, traffic and noise."
3.11 AMENDING THE ZONING BYLAW
(1)
Any person seeking to amend this Zoning Bylaw may submit an application for
such amendment and, upon payment of the required fee, the Development Officer
shall refer such application to Council for consideration.
(2)
Council may authorize a proposed amendment to the Zoning Bylaw, and that
amendment may be adopted by bylaw, subject to Section 3.11.3.
(3)
Sections 206 - 212 of The Act shall govern the process to be followed with respect
to public notice and public participation in the adoption of a bylaw proposed to
amend this Zoning Bylaw.
(4)
Council shall give notice of its intention to consider a Zoning Bylaw amendment
pursuant to the provisions of Sections 207 to 211 of The Act.
3.12 ZONING BY AGREEMENT
(1)
A zoning designation which is subject to an agreement entered into pursuant to the
provisions of Section 69 of The Act shall be indicated on the Zoning District Map
by the addition of the Bylaw number authorizing agreement after the zoning district
designation.
3.13 FEES
City of North Battleford Zoning Bylaw
47
(1)
The following fees shall be in addition to any fee required by Section 3.13.4. There
shall be no development permit application fees for accessory buildings under 9.3
square metres in area, for fences or for sign permits. Sign permit fees are set out in
Section 4.10.4 of this Bylaw. An applicant for a development permit shall pay an
application fee in accordance with the following:
(a)
Permitted principal use:
$100.00
(b)
Permitted accessory use:
$100.00
(c)
Permitted ancillary use:
$100.00
(d)
Discretionary principal use: $500.00
(e)
Discretionary accessory use: $500.00
(f)
Discretionary ancillary use: $500.00
(g)
Minor variance:
$ 50.00
(h)
Development Appeal Fee:
up to $50.00 as specified by the
Development Appeals Board.
(2)
Subdivision review for all subdivision applications:
(a) $200 per proposed lot plus $150 for issuance of a Certificate of Approval.
(3)
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 city 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.
(4)
An applicant seeking amendment to the Zoning Bylaw shall pay the following fees,
where applicable:
(a)
Text amendments: $200; and/or,
(b)
Map amendments:
Class 1 Districts: PR, FUD, CS
Class 2 Districts: C1, C2, C3, C4, MU, M1, M2
Class 3 Districts: R1, R1A, R2, R3, R4, R5, RMH
City of North Battleford Zoning Bylaw
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Zoning Map
Amendments
To
Class 1
Class 2
Class 3
From
Class 1
$100
$500
$2500
Class 2
$500
$1000
$2500
Class 3
$500
$1500
$2500
(c)
Where an application to amend the Zoning Bylaw involves amendment
within two or more of the above classes, the sum of the amendment fees
shall apply for all classes, in addition to the fee for a text amendment, if
applicable.
(d)
In addition to the fees outlined in Section 3.13 (4), where a person requests
Council to amend the Zoning Bylaw, that person shall pay to the
municipality a fee equal to the costs associated with the public
advertisement of the proposed amendment and the costs associated with
providing direct written notice to owners of land that is the subject of the
proposed amendment. Council may choose not to proceed with the
advertising if it concludes that the proposed amendment is unsuitable or
unnecessary.
3.14 OFFENSES AND PENALTIES
(1)
Pursuant to Section 242 of The Act, the Development Officer may inspect any
development suspected of contravening The Act, or any regulation or bylaw made
pursuant to The Act. If it is determined that a contravention exists, the
Development Officer may notify the owner in writing and instruct the owner to
correct the contravention within a set time period. If for any reason the
contravention has not been corrected within that time, the Development Officer
may extend the time period or issue a zoning compliance order pursuant to Section
242(4) of The Act to achieve bylaw conformance.
(2)
Any person who violates this Bylaw is guilty of an offence and is liable, on
summary conviction, to the penalties provided by Section 243 of The Act.
City of North Battleford Zoning Bylaw
49
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 has been established in any residential district by existing buildings
in a block, and is less than 7.5 metres from the street line, new construction may conform
to the established building line, provided that the minimum front yard shall be not less than
4.5 metres from the street line to the building line.
4.3 NUMBER OF PRINCIPAL BUILDINGS PERMITTED ON A SITE
Only one principal building shall be placed on a site with the exception of dwelling groups,
shopping centres, health care clinics, recreation facilities, schools, hospitals, senior
citizens' homes, personal care homes and public works.
4.4 HEIGHT RESTRICTIONS
Any height limitations or regulations shall not apply to spires, belfries, cupolas, television
and solar collectors, or other appurtenances usually required to be placed above the roof
level, and not intended for human occupancy.
4.5 VISIBILITY CLEARANCE AT INTERSECTIONS
On a corner lot, in any residential district, nothing shall be erected, placed, planted, or
allowed to grow so as to obscure vision at a height of 1 metre or greater above the elevation
of the centre of the abutting street within a triangular area formed by the intersecting lot
lines abutting the streets and a straight line joining said lot lines at points 6 metres distant
from the intersection of the lot lines.
4.6 REQUIRED YARDS AND OPEN SPACE
4.6.1 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.
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50
4.6.2 Permitted Obstructions in Required Yard
The following shall not be considered to be obstructions and shall not be considered
in the determination of yard dimensions or site coverage:
(1)
In all yards:
(a)
steps or ramps of 1.6 metres or less above grade level which are
necessary for access to a permitted building or for access to a site
from a street or lane; trees; shrubs; walks; uncovered driveways;
fences; trellises; flag poles and wheelchair ramps; and
(b)
installations of insulation and building finishes of 0.10 metres or
less, where such insulations and finishes are intended to improve the
energy efficiency of the building.
(2)
In front yards:
(a)
Overhanging eaves and gutters projecting not more than 1 metre into
the required yard;
(b)
Lighting fixtures, lamp posts, raised open patios, open decks,
canopies or balconies projecting not more than 1.8 metres into the
required yard; and,
(c)
Sills, belt cornices, pilasters or other similar vertical columns,
cornices and chimneys, bay windows, bow windows or other
projecting windows, projecting not more than 0.6 metres into the
required yard.
(3)
In rear yards:
(a)
Raised patios and decks measuring more than 0.6 metres in height
above grade, and canopies and balconies provided they do not
project to within 3 metres of the rear site line;
(b)
Raised patios, terraces and decks measuring 0.6 metres or less in
height above grade, having a projection of not more than 3 metres
into the required yard;
(c)
Overhanging eaves and gutters, sills, belt courses, pilasters or other
similar vertical columns, cornices and chimneys, bay windows, bow
windows or other projecting windows, projecting not more than 1
metre into the required yard;
(d)
On interior sites, enclosed private swimming pools when attached
to the principal building, projecting not more than 3 metres into the
required yard; and,
City of North Battleford Zoning Bylaw
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(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 0.6 metres or less in
height above grade;
(b)
Raised patios and decks measuring more than 0.6 metres in height
above grade and canopies and balconies provided they do not project
more than 1.2 metres into the required yard;
(c)
Sills, belt courses, pilasters or other similar vertical columns,
cornices, eaves and chimneys, bay windows, bow windows or other
projecting windows, projecting not more than 0.6 metres into the
required yard; and,
(d)
Laundry drying equipment, recreational equipment, garbage stands
and private swimming pools and tennis courts when open to the sky.
4.7 FENCES
4.7.1 A principal building or use must be established on a site prior to the erection of a
fence or wall on the site.
4.7.2 A fence may be erected to safeguard public safety on a site during the period of
construction of the principal building or use or due to the presence of a natural
hazard on the site.
4.7.3 No wall, fence or other structure not otherwise permitted shall be erected in a
required front yard or on a site line adjacent to a required front yard to a height of
more than 1.0 metres above grade level.
4.7.4 No wall, fence, screen or similar structure, excepting permitted accessory buildings,
shall be erected in a required side or rear yard, or on a site line adjacent to a required
side or rear yard, to a height of more than 2.0 metres above grade level.
4.7.5 Sections 4.7.1 and 4.7.2 (above) do not apply in C, M or FUD Districts, except that
in the case of a corner site, no wall, fence, screen, hedge or other structure shall be
placed so as to create a visual obstruction in an established intersection sight
triangle.
4.7.6
A development permit is required for the erection of all fences.
City of North Battleford Zoning Bylaw
52
4.8 ACCESSORY BUILDINGS AND STRUCTURES
4.8.1 Accessory buildings shall be subordinate to, and located on the same site as the
principal building or use, and used in conjunction with that principal use.
4.8.2 Time of Construction
Accessory buildings shall not be constructed or placed on any site prior to the
construction of the principal building except in the following cases:
(1)
Where a Development Permit has been issued for a principal building,
Council shall allow prior development of an accessory building where such
building is required for the storage of construction material or equipment.
If the principal building is not completed within the effective time period of
the development permit for the associated principal building, the accessory
building shall be removed.
4.8.3 Height of Accessory Buildings
(1)
In any Commercial, Industrial, Community Service, Mixed Use, Parks or
Future Urban Development District accessory buildings are not to exceed
the height of the principal building.
(2)
In R1, R1A, R2, R3 and RMH Districts:
(a)
accessory buildings are not to exceed the building height of the principal
building,
(b)
wall height shall not exceed 3.0 metres,
(c)
notwithstanding 4.8.3(2)(b), a Gabel Roof or Gambrel Roof, or a flat roof,
may have a wall height at the peak that is not more than one quarter of the
width of the front face added to the wall height, see Figure 2-1.
(d)
notwithstanding 4.8.3(2)(b), the Development Officer or Council may
grant a minor variance allowing increased wall height in accordance with
subsection 3.8.
(3)
In R4 and R5 Districts:
(a)
accessory buildings are not to exceed the building height of the principal
building,
(b)
wall height shall not exceed 5.0 metres,
(c)
notwithstanding 4.8.3(2)(b), a Gabel Roof or Gambrel Roof, or a flat roof,
may have a wall height at the peak that is not more than one quarter of the
width of the front face added to the wall height, see Figure 2-1.
City of North Battleford Zoning Bylaw
53
(d)
notwithstanding 4.8.3(2)(b):
(i)
the Development Officer or Council may grant a minor variance
allowing increased wall height in accordance with subsection 3.8.
or
(ii)
Council may grant a minor variance allowing
4.8.4 Private Garages and Carports
(1)
Private garages and carports attached to the principal building by a
substantial roof structure are considered as part of the principal building and
subject to the regulations governing the principal building.
(2)
On any site in R1, R1A, R2, R3, and RMH Districts, only one detached
garage, not exceeding 90 square metres in area, subject to Sections 4.8.5
and 4.8.6 (below), is permitted with the exception of properties that are
approved as a Dwelling Groups or a Multiple Unit dwellings with 5 or more
dwelling units, which may have more than one detached garage and the
garage(s) may exceed 90 square metres.
(3)
Except when conforming with established building lines, no main door of a
garage which faces a road shall be within 6 metres of the front site line faced
by the door except as provided for in 4.8.5(2).
(4)
Except when conforming with established building lines, no main door of a
garage which faces a road shall be within 3.0 metres of the side site line
faced by the door except as provided for in 4.8.5(2).
4.8.5
Location and Size of Accessory Buildings (including private garages and carports)
(1)
Detached accessory buildings in Residential Districts are subject to the
following regulations:
(a)
All accessory buildings in R1, R1A, R2, R3 and RMH District shall
not occupy more than 10.4% coverage of the site, up to a combined
maximum of 100 m2 with the exception of properties that are
approved as a Dwelling Groups or a Multiple Unit dwellings with 5
or more units, which may exceed 100 square metres but not exceed
10.4% site coverage.
(b)
All accessory buildings in R4 and R5 District shall not occupy more
than 10.4% site coverage.
(2)
Detached accessory buildings in all Zoning Districts are subject to the
following regulations:
(a)
Detached accessory buildings are not to be located in any front yard;
City of North Battleford Zoning Bylaw
54
(b)
Notwithstanding (2)(a), detached accessory buildings located in a front
yard, regardless of the size, may be considered as a discretionary accessory
use, and shall be evaluated and considered for approval by Council under
the following circumstances:
(iii)
The setbacks, site coverage, driveway location and any other
requirements of the Zoning Bylaw must be complied with.
(iv)
The detached accessory building should not detract from the
character of the neighbourhood and should be complementary to
the established principal use to which it is accessory.
(v)
The degree to which the proposed accessory building complements
the typical operations of the principal use.
(vi)
The existing land uses and land use policy designation of the area.
(vii)
Compliance with any City policy or regulation with respect to curb
crossing or access where a new access is required.
(viii) The potential impact to view lines of existing adjacent properties
and as viewed off site from the public realm.
(ix)
No accessory building or use may be placed within the sight
triangle as defined in this Bylaw.
(x)
Council may impose limitations or development standards with
respect to site placement, orientation, or height in the approval of
the discretionary accessory building or use."
(c)
Yard, rear: minimum - 0.6 metres, except where the main door faces
the rear site line, the minimum shall be 1.5 metres;
(d)
Yard, side: except as provided for in Section 4.8.4(4), minimum -
0.75 metres where the accessory building is over 1.8 metres behind
the rear wall of the principal building, otherwise 1.2 metres.
(e)
Detached accessory buildings shall be located at least one metre
from the principal building.
4.8.6 Number of Accessory Buildings
In any Residential District, there shall be no more than three (3) accessory buildings
on a site.
4.8.7 Satellite Dishes, Solar Collectors, and Wind Collectors
City of North Battleford Zoning Bylaw
55
The installation and operation of a satellite dish, solar collector, wind collector, and
their supporting structures shall be permitted in all zoning districts subject to the
following:
(1)
In any Commercial, Community Service, Mixed Use or Residential District
such structures shall not be located in any front yard, side yard and in the
case of a corner site, in any portion of the rear yard which is within three
(3) metres of the side property line adjacent to a flanking street unless it is
screened from the flanking street to the satisfaction of the Development
Officer;
(2)
In any Commercial, Community Service, Mixed Use or Residential District
such structures, if freestanding, shall not exceed a height of five (5) metres
above grade level;
(3)
In any Commercial, Community Service, Mixed Use or Residential District
such structures if attached to a principal building, shall not exceed a height
of five (5) metres above the lowest elevation of: roof surface of a flat roof;
the decking of a mansard roof; and the eaves of a gable, hip or gambrel roof;
and,
(4)
In any Commercial, Community Service, Mixed Use or Residential District
such structures, if attached to or erected upon an accessory building, shall
not exceed the maximum permitted height of the accessory building upon
which such structure is attached or erected.
4.8.8 Permanent Membrane Covered Structures
(1)
In all districts anchored membrane covered structures up to 18.6m2 (200
square feet) are allowed.
(2)
In all industrial districts and the C3 - Arterial Commercial District,
anchored membrane covered structures are allowed.
(3)
Development applications for Permanent Membrane Covered Structures
must include a drawing stamped by a Professional Engineer to prove the
structure will meet Section 4 of the National Building Code and CSA
Standard Section A660.
(4)
In all cases the membrane covered structure must comply with the siting
requirements for the zoning district as if it were an accessory building.
4.8.9 Temporary Membrane Covered Structures
(1)
In any district, temporary membrane covered structures shall be allowed for
a period not to exceed seven (7) days in a calendar year.
City of North Battleford Zoning Bylaw
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4.8.10 Shipping Containers
(1)
No shipping container shall be used, placed or stored on any site other than
a site in an industrial or arterial commercial district.
(2)
A shipping container shall only be used for shipping and storage purposes
accessory to the principal use of the site and shall comply with the siting
requirements for accessory buildings for the applicable Zoning District.
(3)
All shipping containers must be sand blasted and repainted a neutral colour
prior to their placement above grade on a site.
(4)
Shipping containers shall not be placed on any front yard and shall be
screened from view by a solid fence or hedge.
(5)
When placed on a site pursuant to subsection (4), the shipping container
shall:
(a)
be located so as not to create a safety hazard.
(b)
not be located on a public street or dedicated land.
(6)
A maximum of two (2) shipping containers may be placed on any site at
any one time.
(7)
Notwithstanding subsection (1), no shipping container shall be permitted on
any site in an arterial commercial district located: south of Territorial Drive,
north of 14th Avenue, east of 99th Street, and west of 101st Street and Borden
Crescent.
(8)
Notwithstanding subsection (1), shipping containers may be placed
temporarily on site in any district:
(a)
to be used solely for the storage of supplies and equipment required
in connection with building construction on the site authorized by a
building permit. The shipping container must be removed from the
site upon completion of building construction;
(b)
for the purpose of loading and unloading of items associated with
the principal use; and,
(c)
for a period of note more than 30 days or for an extended 30 day
period for large scale construction projects, subject to the approval
of the Development Officer.
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4.9 OFF STREET PARKING AND LOADING
4.9.1 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, C2, C3,
or C4 Districts, where required parking spaces may be located on a remote
site. In the C1, C2, C3, or C4 Districts, remote parking may be approved
where the remote site is within 150 metres of the principal building or use
and where the remote site is located within a Commercial or Industrial
district.
(5)
Pursuant to section 4.9.1 (4), remote parking within the C1, C2, C3, or C4
Districts is permitted provided the owner of the principal use site registers
an interest on the parking lot title to ensure than the land remains as a
required parking lot in accordance with Section 235 of The Act.
(6)
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.
(7)
Council may waive the provisions of Section 4.9 regarding off-street
parking in that portion of the City bounded on the South by Railway
Avenue, on the North by 14th Avenue, on the West by a lane between 99th
and 100th Streets, on the East by a lane between 102nd and 103rd Streets from
Railway Avenue to 13th Avenue and by 101st Street from 13th Avenue to
14th Avenue.
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4.9.2 Payment in Lieu of Required Off Street Parking Facilities
(1)
Council may exempt any applicant for a use permitted in the C1 -
Downtown Commercial District and the C3 - Arterial Commercial District
from the requirement of providing off-street parking facilities where, in lieu
thereof, the applicant pays or agrees to pay the Council the sum of money
calculated by multiplying the number of off street parking spaces that would
otherwise be required by $2,000.
(2)
The payment of or agreement to pay such sums of money shall be subject
to such terms and conditions as Council may determine.
4.9.3 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, signage, sale or storage of goods of any
kind.
(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)
Where warranted, on-site traffic signs shall be provided;
(c)
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;
(d)
All required parking and loading spaces shall be clear of any access
driveways, aisles, ramps, columns, signs or other similar
obstructions, and shall conform to the minimum dimensions set out
in Table 4-1.
City of North Battleford Zoning Bylaw
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Table 4-1
PARKING AND LOADING SPACE DIMENSION REQUIREMENTS
Type of Space
Minimum Dimension
Minimum Vertical Clearance
Parking spaces having direct
access to a registered lane
2.6 metres x 5.5 metres
2.0 metres
Parallel parking spaces
3.0 metres x 6.7 metres
2.0 metres
Parking
spaces
other
than
those described above
2.6 metres x 5.5 metres
2.0 metres
Loading space
3.0 metres by 7.5 metres
4.0 metres
(e)
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
7.3 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;
(f)
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;
(g)
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; and,
(h)
For multiple unit dwellings, all parking spaces shall be suitably
screened from view from adjacent streets, and all required visitor
parking spaces shall be clearly marked or signed as such.
4.9.4 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 4-2.
City of North Battleford Zoning Bylaw
60
(2)
In all Residential Districts, required off-street parking shall not be located
in any required front yard.
(3)
Each non-residential principal building with a building floor area greater
than 500 m2 shall provide one off-street loading space.
4.9.5 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)
Each non-residential principal building with a building floor area greater
than 500 m2 shall provide one off-street loading space.
4.9.6 Required Off Street Parking and Loading in the MU Mixed Use District
(1)
The minimum off street parking requirements for the MU - Mixed Use
District are set out in Table 4-2.
(2)
In the MU - Mixed Use District, required off-street parking for residential
uses shall not be located in any required front yard.
(3)
Each non-residential principal building with a building floor area greater
than 500 m2 shall provide one off-street loading space.
4.9.7 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 4-2.
(2)
Each non-residential principal building with a building floor area greater
than 500 m2 shall provide one off-street loading space.
4.9.8 Required Off Street Parking and Loading in Parks and Recreation, Future Urban
Development and Restricted Development Districts
(1)
The minimum off street parking requirements for all Parks and Recreation,
Future Urban Development and Restricted Development Districts are set
out in Table 4-2.
(2)
Each non-residential principal building with a building floor area greater
than 500 m2 shall provide one off-street loading space.
TABLE 4-2
OFF-STREET PARKING REQUIREMENTS IN ALL DISTRICTS
City of North Battleford Zoning Bylaw
61
Parking
Category
Parking Spaces Required
0
No off-street parking required
1
1 per dwelling unit
2
1 space per dwelling unit plus 0.1 space per dwelling unit for visitors
3
1 space plus 1 space for each guest room
4
1 space per 50 m2 of gross floor area
5
1 space per 37 m2 of gross floor area
6
1 space per 4 beds plus 1 space per employee
7
1 space plus 1 space for each non-resident staff member
8
3 spaces per 10 seats in main assembly area (or (where no fixed seating is provided) 1 space per 2.5
m2 of gross floor area devoted to main assembly area.
9
1 space per 4 seats intended for patrons use
10
1 space per 2 guest rooms plus 1 space per 15m2 of gross floor area devoted to the public assembly
plus the applicable parking requirements for any other use contained on the site.
11
1 space per 50 m2 of gross floor area, or 1 space per 3 employees, whichever is greater.
12
1 space per 90 m2 of gross floor area
13
1 space per 28 m2 of gross floor area, or 1 space per 3 employees, whichever is greater
14
1 space plus one space per 5 persons enrolled in the facility
15
1 space for 8 patrons at design capacity
16
1 space plus 1 additional space for every 10 persons enrolled in the facility per day
17
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
18
1 space per non-resident employee
19
1 space per staff member
20
1 space per staff member plus 3 spaces for each classroom, with parking permitted in a front, side
and/or rear yard
21
1.2 spaces per classroom plus 1 space per 4 students at design capacity
22
1 space per bay
23
1 space per 3 beds plus 1 space per 4 employees
4.10 SIGNS
All signs shall be subject to the following regulations:
City of North Battleford Zoning Bylaw
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4.10.1 General
(1)
In addition to signs permitted as set out below, temporary election signs,
and temporary signs bearing notice of sale or lease or other information
relating to a temporary condition affecting the property, are permitted.
(2)
Signs shall not be located in sight triangles for intersections or driveways
or in such a manner that they visually obstruct sight triangles or otherwise
jeopardize public safety.
(3)
Except as otherwise provided, no sign shall project beyond the property
lines of the site to which it pertains.
(4)
Subject to the general provisions governing their location, directional signs
providing on-site directions for the convenience and safety of persons using
the site shall be permitted.
(5)
Permitted home based businesses may display one (1) fascia sign, not
exceeding 0.4 m2 in area, identifying the name of the home based business.
Such sign shall not be illuminated and shall be affixed to the principal
building. (Note: On multiple unit residential buildings, other permission
may be required to display a home based business sign and no right to place
such a sign in such situations is conveyed in this Bylaw.)
(6)
Subject to the general provisions governing their location, one (1)
monument sign, with a maximum height of 1.8 metres and subordinate to
any other free-standing sign on the property, shall be permitted at the
entrance of a property.
4.10.2 Application for Permits
(1)
Applications for sign permits must be made in writing to the Development
Officer by the owner, lessee or authorized agent of the building or premises
on which the sign is to be erected. The written application shall be
accompanied by plans, specifications, construction details and other
information sufficient to inform the Development Officer of the exact
nature and location of the intended sign.
(2)
Prior to issuing a sign permit for a free standing, digital sign, projecting or
roof sign, the Development Officer may require that the supplementary
documentation described in (1) above, contain the professional stamp of a
certified professional engineer qualified to certify that the sign design
satisfies all relevant legislation, codes and Bylaws.
(3)
Applications for digital signs must be accompanied by contact information
that includes the name and telephone number of person(s) having access to
the technology controls for the digital sign, and who can be contacted 24
hours a day.
City of North Battleford Zoning Bylaw
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(4)
A permit shall not be issued for a Digital Message Centre or Date & Time
Digital Message Centre unless a valid business license has been issued for
the use occurring on the site.
4.10.3 Licensing of Portable Signs
(1)
Portable signs must be licensed and are subject to the fees contained in
section 4.10.4 (2).
(2)
The annual license shall be in the form of a license sticker which must be
affixed anywhere on the top one-third of the sign on the end or face closest
to the street.
(3)
A license sticker is not transferable from one portable sign to another.
4.10.4 Permit and License Fees
(1)
Permanent signs
$60 for the first $12,000 of sign construction value; and,
$5 for every $1,000 of sign construction value in excess of $12,000.
(2)
Portable signs
an annual license fee of $100; and
a fee of $200 per 30-day period for a portable sign occupying a required
parking space.
4.10.5 Denying or Revoking Permits
(1)
The Development Officer may deny or revoke a sign permit for any of the
following reasons:
(a)
erection of the sign has not commenced within six months from the
date of issue of the permit;
(b)
the sign does not conform to all relevant provisions of this Bylaw;
(c)
the sign being constructed or erected does not conform to the
approved drawings;
(d)
the sign is not in a proper state of repair; and/or
City of North Battleford Zoning Bylaw
64
4.10.6 On any site in any Parks and Recreation District, Future Urban Development
District or Residential Districts, signs may be erected as follows
(1)
Sign provisions applying to permitted principal residential uses,
commercial uses and community service uses in any Residential district, the
Future Urban Development District or the Parks and Recreation District are
set out in Table 4-7. The following provisions also apply:
(a)
No roof signs shall be permitted;
(b)
Illuminated signs shall have a steady internal light source or a steady
external light source shielded so that the light is directed only at the
face of the sign;
(c)
Signs applying to community service uses must not be illuminated
between the hours of 11:00 p.m. and 7:00 a.m.; and,
(d)
Signs applying to community service uses must not display
advertising of any commercial service or product.
Table 4-7
SIGN REGULATIONS IN PARKS AND RECREATION, FUTURE URBAN
DEVELOPMENT AND RESIDENTIAL DISTRICTS
Use
Max. # of
Signs
Max. Total
Sign Face
Area (m2)
Max # of
Freestanding
Signs
Max. Height of
Freestanding
Signs (m)
Max Sign Face Area for
Freestanding Signs (m2)
Per Face
Total
All principal residential uses for which a
permit has been issued
1 (1)
0.4 (1)
0
n/a
n/a
n/a
All principal commercial uses for which a
permit has been issued
2
6
1
2.5
2
4
All principal community service uses for
which a permit has been issued
2
10
1
3
2.5
5
(1)
Multiple unit dwellings and dwelling groups are permitted one additional sign, up to one (1) square metre in
area, showing the name of the building or group.
4.10.7 On any site in the Community Service District, signs may be erected as follows:
(1)
Sign provisions applying to permitted principal community service uses,
residential uses and commercial uses in the Community Service District are
set out in Table 4-8. The following provisions also apply:
(a)
No roof signs shall be permitted;
(b)
Illuminated signs shall have a steady internal light source or a steady
external light source shielded so that the light is directed only at the
face of the sign; and,
City of North Battleford Zoning Bylaw
65
(c)
Signs applying to community service uses must not display
advertising of any commercial service or product.
Table 4-8
SIGN REGULATIONS IN COMMUNITY SERVICE DISTRICT
Use
Max. # of
Signs
Max. Total
Sign Face
Area (m2)
Max # of
Freestanding
Signs
Max. Height of
Freestanding
Signs (m)
Max Sign Face Area
for Freestanding
Signs (m2)
Per Face
Total
All principal community service uses
for which a permit has been issued
3
18
1
3
6
12
All principal residential uses for
which a permit has been issued
1 (1)
0.4 (1)
0
n/a
n/a
n/a
All principal commercial uses for
which a permit has been issued
2
18
1
6
6
12
(1)
Multiple unit dwellings and dwelling groups are permitted one additional sign, up to one (1) square metre in
area, showing the name of the building or group.
4.10.8 In any site in any Commercial, Industrial District or Mixed Use Districts,
signs may be erected as follows:
(1)
Sign provisions applying to permitted principal commercial / industrial
uses, community service uses and residential uses are set out in Table 4-9.
The following provisions also apply:
(a)
Illuminated signs applying to commercial / industrial or community
service uses shall have an internal light source or an external light
source shielded so that the light is directed only at the face of the
sign;
(b)
A free standing sign applying to a commercial / industrial use may
be located in a required yard provided that the Development Officer
is satisfied that it does not create an obstruction to vehicle or
pedestrian traffic or a hazard to public safety;
(c)
Free standing signs shall maintain a minimum vertical clearance of
3.0 m above grade over any vehicle circulation area on the site;
(e)
Signs other than free standing signs shall have a minimum vertical
clearance of 3.0 m above grade where they project more than 7.5 cm
from the building face;
(f)
Awning signs shall not project more than 1.8 m from the building
face;
(g)
Projecting signs shall not project more than 1.8 metres above the
eaves or parapet of a supporting building;
(h)
Except in the C1 District, no sign shall project beyond the property
lines of the site to which it pertains;
City of North Battleford Zoning Bylaw
66
(i)
In the C1 District only, awning signs may project not more than 1.4
metres perpendicularly from the property line.
(j)
In the C1 District only, no projecting sign may be suspended less
than 3.0 metres above the surface of a public sidewalk or pedestrian
right-of-way;
(k)
Roof signs are permitted only on a principal building on any site and
only one roof sign shall be permitted on each principal building; and,
(l)
No portion of any roof sign may project beyond any exterior wall or
parapet of the building upon which it is placed.
(m)
Apart from billboards, third-party advertising signs or display
material are prohibited in any commercial or industrial district. All
signs and display material shall be limited to advertising or offering
products or services related to the principal use of the site.
Table 4-9
SIGN REGULATIONS IN COMMERCIAL AND INDUSTRIAL DISTRICTS
Use
Max. # of
Signs
Max. Total
Sign Face
Area (m2)
Max # of
Freestanding
Signs
Max. Height of
Freestanding
Signs (m)
Max Sign Face Area
for Freestanding
Signs (m2)
Per Face
Total
All principal commercial / industrial uses
for which a permit has been issued
n/a
n/a
(1)
(2)
(3)
(3)
All principal community service uses for
which a permit has been issued
3
18
1
3
6
12
All principal residential uses for which a
permit has been issued
1 (4)
0.4 (4)
0
n/a
n/a
n/a
All principle commercial uses for which a
permit has been issued in the C1 -
District on properties with a site width of
15 metres or less.
n/a
n/a
1
(2)
5
10
All principle commercial uses for which a
permit has been issued in the C1 -
District on properties with a site width
between 15 and 20 metres.
n/a
n/a
1
(2)
10
20
All principle commercial uses for which a
permit has been issued in the C1 -
District on properties with a minimum
site width of 20 metres.
n/a
n/a
1
(2)
15
30
City of North Battleford Zoning Bylaw
67
All principle commercial uses for which a
permit has been issued in the C2 -
Neighbourhood Commercial District
2
6
1
2.5
2
4
1)
In the C3, C4, MU Districts and M - Industrial Districts, a maximum of one free standing sign shall be permitted.
(2) In the C1 District: 10 metres or the height of the principal building of the property.
(3) In the C3, C4, MU and M - Industrial Districts: 20 square metres sign face area and 40 square metres total sign
face area.
(4) Multiple unit dwellings and dwelling groups are permitted one additional sign, up to one (1) square metre,
showing the name of the building or group.
4.10.9
Portable Sign Regulations
(1)
No portable sign shall have a single face area greater than 6.0 m2.
(2)
No portable sign shall have a height greater than 3.0 metres above grade.
(3)
No portable sign shall occupy any required parking space, except under the
fee conditions contained in section 4.10.4 (2).
(4)
A maximum of one portable sign is allowed per site.
(5)
No portable sign may be located closer than 20 metres from any other
portable sign.
4.10.10
Billboard Regulations
(1)
The following areas are designated as "billboard corridors" wherein
billboards shall be permitted:
(a)
lands zoned Commercial, Industrial and Mixed Use and located as
follows:
(i)
adjacent and oriented to Railway Avenue;
(ii)
south of Territorial Drive and adjacent to 100th Street;
(iii)
south of and adjacent of Highway 16 from the city limits to
its western intersection with Railway Avenue;
(iv)
adjacent to Territorial Drive south of 8th Avenue;
b)
discretionary temporary billboards will be considered outside of the
billboard corridor and must adhere to the following criteria:
(i)
must not be within 200 meters of a Residential Property
(ii)
may be required to be removed in its entirety at the discretion
of Council upon receiving any development applications that
fall within 200 metres
(iii)
may be required to be removed in its entirety at the discretion
of Council if the signs fall into disrepair and/or become
derelict.
(2)
The following areas are designated as "billboard-free areas" wherein
billboards and other large signs are prohibited:
City of North Battleford Zoning Bylaw
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(a)
any residential district;
4.10.11
Digital Signs on any site in any Commercial or Industrial District, apart from the
C2 - Neighbourhood Commercial District, may be erected as follows:
(1)
Digital sign provisions applying to permitted principal commercial/
industrial uses are set out in Table 4-10. The following provisions also
apply:
(a)
If a component fails or malfunction in any way or fails to operate as
indicated on the approved permit, the sign owner shall ensure that
the sign is turned off until all components are operating as required.
(b)
No digital sign shall be portable.
(c)
Brightness levels shall not exceed 7,500 Nits when measured from
the sign face at its maximum brightness, between sunrise to sunset,
at those times determined by the sunrise/sunset calculator from the
National Research Council of Canada.
(d)
Brightness levels shall not exceed 500 Nits when measured from the
sign face at its maximum brightness, between sunset to sunrise, at
those times determined by the sunrise/sunset calculator from the
National Research Council of Canada.
(e)
Must not increase the light levels around the digital sign by more
than 3.0 Lux above the ambient light level.
(f)
Digital signs within 150 metres, and in direct line of sight of a
residential dwelling unit, must be turned off from 11:00 p.m. to 6:00
a.m. every day.
(g)
Transitions from one copy to another must remain at a consistent
brightness level.
(h)
Copy shall remain on the sign face area for no less than six seconds
before changing to the next copy.
(i)
Sound, live video feed and the broadcasting of television programs
or movies is not permitted.
(j)
Copy must not be shown in a manner that requires the message to
be viewed or read over a series of sequential messages on a single
digital sign, or sequenced on multiple digital signs.
City of North Battleford Zoning Bylaw
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(k)
Copy must not involve any visible effects, including but not limited
to blinking, intermittent, or flashing light or the illusion of such
effects.
(l)
Transitions must not involve any visible effects, including but not
limited to blinking, intermittent, or flashing light or the illusion of
such effects.
(m)
No digital sign shall be erected, operated, used or maintained that:
(i) due to its position, shape, colour, format or illumination
obstructs the view of, or shall be confused with, a traffic sign,
signal or device;
(ii) display lights resembling lights associated with danger or those
used by emergency vehicles;
(iii) uses spot or reflector lights directed at on-coming traffic that
creates a hazard to traffic on public roadways from which the
digital sign is visible; and/or
(iv) due to its illumination, competes with or dulls the contrast of the
traffic control sign, signal or device for on-coming traffic.
(n)
The City's Public Works and Engineering Department shall be
satisfied that each digital sign:
(i) does not physically obstruct the sight lines or views of a traffic
control sign, signal or device for on-coming traffic;
(ii) is not located in the field of view near or past the traffic control
sign, signal or device for on-coming traffic;
(iii) is not located in the field of view near or past other traffic
conflict points such as intersections, merge points, exit ramps,
or curved roadways.
(o)
Third party advertising is prohibited on all digital signs except
freestanding digital billboards.
(2)
The height of digital signs shall be as follows:
(a)
Freestanding Digital Message Centre - minimum 3.0 metres from
final grade.
(b)
Fascia Digital Message Centre:
City of North Battleford Zoning Bylaw
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(i) for a designated signable area for a single or two storey building
- 3.0 metres from final grade to the eave line, or if there is a
parapet, then to the upper edge of the parapet.
(ii) for a designated signable area for a building exceeding two
storeys - 3.0 metres from the final grade to the floor line of the
third storey.
(c)
Freestanding Date & Time Digital Message Centre - minimum of 3.0
metres from final grade.
(d)
Freestanding Digital Billboard - minimum 3.0 metres from final
grade.
(3)
The total number of digital signs permitted in commercial and industrial
districts is inclusive of the total number of signs permitted on a site as
indicated in Section 4.10.8 in Table 4-9.
Table 4-10
DIGITAL SIGN REGULATIONS IN COMMERCIAL AND INDUSTRIAL DISTRICTS
Use
Max # of
Freestanding
Signs
Max Sign Face Area (m2)
Per Face
Total
Freestanding Digital Message Centre
1
5
10
Fascia Digital Message Centre
(1)
--
(3)
Freestanding Date & Time Digital Message Centre
1
3
6
Digital Billboard
(2)
15
30
(1) One per primary building face for each ground level business unit within the principal building.
(2) One per site in the C1 District. Multiple in the industrial districts subject to a spacing requirement
of 100 metres from any other freestanding digital billboard on site.
(3) Total face area shall not exceed 25%, to a maximum of 5 m2, of the ground level business unit's
primary building face(s) in which it is located.
4.11 HOME-BASED BUSINESSES - TYPE I AND TYPE II
4.11.1 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 4.11.4 and 4.11.5.
4.11.2 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 4.11.4 and 4.11.5:
(1)
art restoration;
(2)
beauty parlours, barber shops;
City of North Battleford Zoning Bylaw
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(3)
the creation of crafts for sale off-site, such as novelties and souvenirs,
corsage and flower arrangements, gift baskets, and other handicrafts
including but not limited to ceramics, pottery, leather goods and jewellery;
(4)
dressmaker, seamstress, or tailor;
(5)
electrology, acupuncture, reflexology, and massage therapy;
(6)
the instruction of art, dancing, or music, limited to no more than three
students at a time;
(7)
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;
(8)
a photography studio;
(9)
typing, word processing, and computer programming services.
(10)
Animal and Pet Care Services excluding animal daycare.
4.11.3 Without limiting the authority of the Development Officer or Council to deny
applications for other types of home-based businesses which do not meet the
requirements of this Bylaw, the following uses shall be treated as home-based
businesses Type II, regardless of if they meet the requirements of 4.11.4. The
following requirements and conditions will also apply:
(a)
A plan is submitted that demonstrates how compliance with each
requirement of 4.11.4 and 4.11.5 will be achieved. Where Council is
not satisfied with the plan they may:
i.
table the application giving the applicant an opportunity to
modify the plan, or
ii.
deny the application
(b)
A condition on the development permit that the development permit
will expire, with the time to expiry being no less than two years and
no more than five years.
(c)
That renewal of the development permit is at the discretion of
Council and will be based on a review of how well the home-based
business has meet the plan to comply with the requirements of 4.11.4
and 4.11.5.
(1)
businesses utilizing large power tools and machinery, or businesses
involved in the mass production of similar items or products.
City of North Battleford Zoning Bylaw
72
(2)
restaurants or tea rooms.
(3)
health or fitness clubs.
(4)
headquarters or base of operations of a trucking, delivery, or towing
operation.
(5)
hotels and hospitals.
(6)
laundry services.
(7)
motion picture cinemas or studios.
(8)
the painting, repairing, refitting, cleaning, refurbishing, or selling of motor
vehicles or machinery.
(9)
rental services.
(10)
upholstery services.
(11)
veterinary services and boarding of animals
(12)
welding or metal works.
(13)
furniture making.
(14) the manufacturing or retail of cannabis and cannabis byproducts, including
the manufacturing and retail sales of products with cannabis as an
ingredient.
4.11.4 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.
City of North Battleford Zoning Bylaw
73
(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 except
for one permitted sign.
(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 seven (7) client or business related
visits per day shall be made to home based businesses on any one site, and
no deliveries of merchandise, goods or equipment shall be made to the
businesses by a vehicle with a gross vehicle weight of more than 5,000 kg,
or by a vehicle with a total length of more than 6.0 metres.
(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.
4.11.5 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
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consistent with the residential character of the building and property except
for one permitted sign.
(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 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 Council.
(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 fourteen (14) client or business related
visits per day shall be made to home based businesses on any one site, and
no deliveries of merchandise, goods or equipment shall be made to the
businesses by a vehicle with a gross vehicle weight of more than 5,000 kg,
or by a vehicle with a total length of more than 6.0 metres.
(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.
4.12 SPECIAL REGULATIONS AND STANDARDS
This section addresses special provisions and specific development standards that apply to
the following developments. These standards apply in addition to any standards of the
District.
4.12.1 Adult Day Care Facilities - Type I and Type II
(1)
Adult day care facilities may be approved as an ancillary use or as a
principal use.
(2)
In any residential district, no exterior alterations shall be undertaken to a
dwelling or former dwelling which would be inconsistent with the
residential character of the building or property.
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(3)
Required parking spaces shall not be located in a required front yard.
(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 3.10 of this Bylaw.
4.12.2 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)
Notwithstanding Sections 4.9.4 (2) and 4.9.6 (2), required parking spaces
may be permitted in a front yard.
(3)
Section 3.10 of this Bylaw shall apply to the review and approval of bed
and breakfast homes.
(4)
The operator of the bed and breakfast lodging may advertise with a sign
subject to Section 4.10.
4.12.3 Custodial Care Facilities, Residential Care Facilities, Personal Care Homes and
Private Service Homes
(1)
Custodial care facilities, residential care facilities - type I and type II -
personal care homes, and private service homes may be approved as an
ancillary use or as a principal use.
(2)
In any residential district, no exterior alterations shall be undertaken to a
dwelling or former dwelling which would be inconsistent with the
residential character of the building or property.
(3)
Required parking spaces shall not be located in a required front yard.
(4)
No building or structure used for the purpose of a custodial care facility or
a residential care facility shall also 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 - type I and type II - facilities that are
listed as discretionary uses shall be reviewed and approved in accordance
with Section 3.10 of this Bylaw.
4.12.4 Day Care Centres and Pre-Schools
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(1)
Day care centres and pre-schools may be approved as an ancillary use or as
a principal use. In any residential district, no exterior alterations shall be
undertaken to a dwelling or former dwelling which would be inconsistent
with the residential character of the building or property.
(2)
Required parking spaces shall not be located in a required front yard.
(3)
In addition to the development standards contained within the zoning
district, Section 3.10 of this Bylaw shall apply to the review and approval
of day care centres and pre-schools which are listed as discretionary uses.
4.12.5 Dwelling Groups - also refer to Section 3.10.4 (4)
(1)
The minimum side yard of 3.0 m or ½ the building height, shall be measured
from the closest main wall of the principal building closest to the side site
line.
(2)
All principal buildings forming part of the group shall be located at least 3.5
m from any other principal building in the group.
(3)
The site area shall provide at least 370 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.
(4)
Council may apply special development standards regarding "yard
requirements" to reduce conflict with neighbouring uses.
4.12.6 Above Ground Fuel Storage Tanks
(1)
Above-ground fuel storage tanks which meet the standards of the National
Fire Code may be permitted in association with service stations, gas bars
and other permitted industrial or commercial uses where the dispensing of
fuel to vehicles is a standard aspect of the use.
(2)
The total storage capacity for above-ground fuel storage tanks on any single
service station or gas bar shall not exceed the regulations and requirements
set out by the National Fire Code.
(3)
Above-ground fuel storage tanks shall be:
(a)
located at least 3.0 metres from any property line or building, 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 firefighting
purposes to the satisfaction of the Development Officer; and,
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(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, 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.
4.12.7 Secondary, Garden and Garage Suites
(1)
A secondary, garden and garage suite may be allowed as a discretionary
accessory use to a permitted single detached dwelling in the: R1, R1A
(secondary suites only), R2, R3 and R5 Residential zoning districts; the C1
- Downtown Commercial District; and, the MU - Mixed Use District,
subject to the Discretionary Use Evaluation Criteria contained in Section
3.10.3 herein and having regard to: the compatibility of the use with the
siting, grade elevations, height, roof slopes and building types and materials
characteristic of surrounding low density housing and development, and its
effect on the privacy of adjacent properties.
The requirements for accessory buildings outlined in Section 4.8 herein, do
not apply to secondary, garden and garage suites. Requirements for
secondary suites are contained in section (2) and for garage and garden
suites in section (3) below. All secondary, garage and garden suites are
subject to the following general requirements:
(a)
No more than one secondary, garage or garden suite shall be allowed
per residential site.
(b)
No more than three bedrooms allowed for any secondary, garage or
garden suite.
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(c)
No more than three persons are allowed to occupy any secondary,
garage or garden suite.
(d)
One off street parking space is required for any secondary, garage
or garden suite in addition to the required parking for the principal
residential building on the site. The parking space for the principal
residential building may be located in a required front yard. The
required parking space for any suite shall not be located in a required
front yard, unless the subject site has no access to a rear lane, and
shall be paved and screened to the satisfaction of Council.
(e)
Any secondary, garage or garden suite shall comply with the
requirements of the National Building Code, subject to the approval
of the Municipal Building Inspector.
(f)
Any secondary, garage or garden suite shall not be separated from
the principal building through condominium or bare land
condominium conversion or subdivision of land.
(2)
Secondary suites shall be subject to the following additional requirements:
(a)
In order to accommodate a secondary suite, a single detached
dwelling must have a gross floor area, including the area of any
basement, of at least 100 m2.
(b)
The maximum floor area of a secondary suite shall be no more than
40% of the gross floor area of the single detached dwelling in which
it is located, measured from the inside wall surfaces.
(c)
The minimum floor area for a secondary suite shall be 30 m2.
(d)
The exterior finishing of a secondary suite shall be consistent with
the exterior of the remainder of the principal building to give the
entire building the appearance of a single dwelling.
(3)
Garden and garage suites shall be subject to the following additional
requirements:
(a)
No above grade garden suites shall be allowed.
(b)
Garden and garage suites shall only be permitted on sites that are
served by a lane.
(c)
The minimum side yard for garden and garage suites shall be the
same as the yard requirement that applies to the principal building
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in the applicable zoning district for all lots in a residential block,
including corner lots.
(d)
The maximum height of a garden suite shall be 4.3 m. The
maximum height of a garage suite shall be 5.5 m or the height of the
garage whichever is the lesser.
(e)
The maximum floor area of a garden or garage suite shall be 50 m2
and the minimum floor area shall be 30 m2.
(f)
the minimum distance between a detached garage containing a
garage suite and the principal building on the site shall be 4 m.
(g)
No decks on garage or garden suite roofs shall be allowed.
(h)
Windows contained within a garage or garden suite shall be placed
and sized such that they minimize overlook into yards and windows
of abutting properties by:
(i)
offsetting window placement to limit direct views of
abutting rear or side yard amenity areas or direct view into a
garage or garden suite on an abutting site;
(ii)
strategic placement of windows in conjunction with
landscaping or the placement of other accessory buildings;
and,
(iii)
placing larger windows such as living room windows, to face
the lane, flanking street or towards the interior of the lot.
4.12.8 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 five
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; and,
(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.
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4.12.9 Parking Lots
(1)
No sign of any kind, other than those designating the parking lot name,
entrances, exits, or conditions of use, may be erected or maintained.
(2)
All lighting fixtures must be oriented in a manner to direct the light away
from adjacent lots.
(3)
A durable surface, hard surfaced or gravelled, must be provided and
maintained and the lot must be graded to dispose of all surface water.
(4)
Parking lots shall be landscaped to improve the visual appearance of the
site.
(5)
Where parking lot abuts a residential property boundary a minimum
landscape buffer of 2.0 metres shall be provided.
(6)
A suitable car stop shall be provided along the perimeter of the parking lot,
excepting entrances and exits, so that vehicles will not encroach on abutting
property, streets or lanes.
(7)
Parking lots accessory to a permitted use in residential and commercial
districts shall be located on the same site of the principal use to which it is
accessory.
4.12.10
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 service stations occupy a corner site, only one access point shall be
on the flanking street.
4.12.11
Modular Homes
(1)
All modular homes shall be placed on a permanent, heated foundation
comprised of a full or partial basement. Basement wall and grade beam
support shall be attached to the perimeter of the building.
4.12.12
Mobile Homes Courts
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81
(1)
Road rights-of-way within mobile home courts shall be at least 15 m in
width, with hard-surfaced roadways of a minimum 6 m in width, and
drained.
(2)
A minimum of ten percent (10%) of the area of the mobile home court shall
be set aside as communal open space or devoted to recreation facilities.
(3)
All site and yard requirements for mobile homes in the R3 - Mobile Home
Residential District shall apply to individual mobile home sites within a
mobile home court.
(4)
The Public Health Act, 1994, and the Regulations passed thereunder, shall
be complied with in respect to all operations and development of a mobile
home court.
4.12.13
Multiple Unit Dwellings
(1)
A minimum of 25% of the site area should be soft landscaped. Where
private amenity space is provided, it may be included in the calculation of
the landscaping requirement.
(2)
Parking stalls should be located in the rear yard of a site or a side yard not
abutting the street.
(3)
Parking lots shall be hard surfaced to the satisfaction of the Development
Officer.
(4)
Garbage containers shall be suitably screened from view and be placed in
locations convenient for pickup.
(5)
Apartments shall be buffered from adjacent properties by suitable fencing
or screening.
(6)
Apartments should be located on or have good access to an arterial or a
collector street.
(7)
Apartments should be located with an orientation that protects the privacy
of adjacent sites.
4.12.14
General Industrial - Light Use
(1)
A General Industrial - Light use shall be separated a minimum of 100 metres
from property line to property line from any principal residential land use.
(2)
A General Industrial - Light use shall provide landscaping and screening to
minimize potential nuisances with adjacent lesser compatible land uses.
(3)
Council may place restrictions by way of permit conditions on a General
Industrial - Light use to address municipal servicing capacity, anticipated
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levels of vehicle traffic, unsafe conditions or situations for vehicles, cyclists
or pedestrians, utilization of hazardous substances, anticipated levels of noise,
noxious odours, smoke, fumes, vibrations, lighting glare, dust and other
emissions that may emanate from the site."
4.12.15
Restaurants with drive-through
(1)
All restaurants that include a drive-through commercial facility shall provide
a traffic flow plan as part of a permit application demonstrating the site will
have appropriate space for vehicle line ups in order to reduce disruption of
traffic flows on adjacent roadways or the exit route of parking stalls.
(2)
Traffic flow plans will be reviewed for suitability and acceptance by
Development Officer such that vehicle queues, site entry and exists
approaches, will not unreasonably negatively impact traffic or operation of
the abutting roadway(s).
(3)
As a condition of a permit, the Development Officer or Council may issue
permit conditions in relation to queuing of vehicles within the site.
4.12.16
Animal and pet care services
(1)
An animal and pet care services use shall provide sufficient landscaping and
sound proofing to the satisfaction of the Development Officer in accordance
with any regulation or optional standard in this bylaw if there is any existing
principal residential land use within a 100 metres distance from property line
to property line.
(2)
The maximum number of animals can be onsite for daycare services is 10.
(3)
No animal shall be boarded overnight.
4.12.17
Boarding Kennel
(1)
A boarding kennel use located in the M1 District shall have a minimum of
separation distance of 100 metres from property line to any principal
residential use.
(2)
A boarding kennel use located in the M1 District shall provide landscaping
and screening to minimize potential nuisances with adjacent lesser
compatible land uses.
4.12.18
Pawnshop or Pawn Broker
(1)
A new Pawnshop or Pawn Broker may not be located, as measured from the
closest property boundaries, within:
(a)
200 metres of any public school, daycare, public hospital or other
similar institutional use;
(b)
200 metres from any game of chance facility;
(c)
150 metres of any liquor store; or,
(d)
150 metres of any cannabis retail outlet.
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(2)
Notwithstanding any other requirement for public notification in this bylaw,
an application for a new Pawnshop or Pawn Broker requires two full weeks
of public advertising in the local paper and mail notification to all property
owners within 200 metres.
(3)
No outside storage is permitted for a Pawnshop or Pawn Broker establishment
unless the storage area is secured, gated and fenced; and, notwithstanding any
other regulation of fences in this bylaw, fencing is required to be opaque and
is not restricted to the maximum fencing height for rear yards but is required
to meet the maximum fencing heigh for front yards and site triangles.
(4)
No unsecured outside displays are permitted.
4.12.19
Scrap Metal Dealers or Recyclers
(1)
A Scrap Metal Dealer or Recycler is required to screen their site with solid
fencing.
(2)
Notwithstanding any other regulation of fences in this bylaw, fencing is
required of storage, loading, unloading, sorting, processing, etc. areas (the
yard) to be opaque and at least 3.0 metres (10.0 feet) in height.
(3)
A Scrap Metal Dealer of Recycler is required to provide a site drainage plan
demonstrating how runoff will be directed and treated to mitigate
contamination from the site to the City's storm water infrastructure.
(4)
A Scrap Metal Dealer or Recycler shall, on their site plan, provide details for
parking, loading, and queuing areas such that impediment to traffic on City
roadway does not result.
4.12.20
Second Hand and Consignment Stores
(1)
No outside storage is permitted for a second hand store establishment unless
the storage area is secured, gated and fenced; and, and, notwithstanding any
other regulation of fences in this bylaw, fencing is required to be opaque and
is not restricted to the maximum fencing height for rear yards but is required
to meet the maximum fencing heigh for front yards and site triangles.
(2)
No unsecured outside displays are permitted.
4.13 SERVICING
4.13.1 Holding tanks, septic tanks and wells are not allowed in the areas of the City that
can be serviced by existing municipal water and sewer lines.
4.13.2 Developments outside the serviceable areas shall be connected to a private sewage
disposal system approved by the authority responsible for approval of such systems
under The Public Health Act, 1994.
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84
4.14 STORAGE OF MATERIALS AND UNLICENSED OR INOPERATIVE MOTOR
VEHICLES IN RESIDENTIAL DISTRICTS
In any Residential District:
4.14.1 No front yard shall be used for the storage of unlicensed, whether insured or
uninsured, motor vehicles or of materials or goods of any type.
4.14.2 No yard shall be used for storage or collection of hazardous material.
4.14.3 No yard or portion thereof shall be used for the storage of machinery not normally
used for the maintenance of the residential property.
4.14.4 Outside storage of partially dismantled or inoperative motor vehicles is not
permitted.
4.14.5 Only one (1) unlicensed motor vehicle, whether insured or uninsured, may be stored
outdoors on a residential site.
4.15 DEVELOPMENT ON HAZARD LANDS
4.15.1 Prior to a proposed development or subdivision that is to be located on what
Council considers may be hazard land, the applicant shall submit a report prepared
by a qualified professional. The report shall assess the hazard land, the suitability
of the land for the proposed development or subdivision and, identify any required
mitigation measures.
4.15.2 Actions identified, in a report prepared pursuant to Section 4.15.1, for prevention,
change, mitigation or remedy may be incorporated as conditions to issuance of any
development permit that may be issued. Council shall refuse a permit for any
development for which, in Council's opinion, the proposed actions are inadequate
to address the conditions present on the hazard land or will result in excessive
municipal costs.
4.16 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 defined, the parcel of land comprised of said lots shall be considered
a site for the purposes of administering this Bylaw.
4.17 EXISTING NONCONFORMING 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 site width or area, or having less than the minimum
front yard, side yard or rear yard required or more than the maximum site coverage
City of North Battleford Zoning Bylaw
85
permitted 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 or further increase the site coverage that does not
conform to this Zoning Bylaw.
(2)
all other applicable provisions of this Zoning Bylaw are satisfied.
4.18 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 or access to an existing
public road.
4.19 BUILDING TO BE MOVED
No building shall be moved within or into the City of North Battleford without the issuance
of a development permit unless such building is exempt under Section 3.2.2 of this Zoning
Bylaw.
4.20 DEMOLITION OF BUILDINGS
No building shall be demolished within the City of North Battleford without the issuance
of a demolition permit, unless it is exempt under Section 3.2.2.
4.21 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.
4.22 GARAGE AND YARD SALES
(1)
Garage or yard sales may be undertaken on any site in a Residential or Community
Service zoning district provided the sale is conducted by a resident of the dwelling
on the subject site, or by a non-profit group associated with a place of worship,
public school, community association or other similar group or organization.
(2)
No more than four (4) sales may be conducted from one site in one calendar year,
and any one sale may not last for more than three consecutive days.
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4.23 WATER
No development or use of land shall be permitted where the proposal will adversely affect
domestic and municipal water supplies, or where a suitable, potable water supply cannot
be furnished to the requirements of the Regional Health Authority and the Saskatchewan
Watershed Authority.
4.24 LANDSCAPING
4.24.0 Section 4.24 shall only apply to those zoning districts where landscaping is
required.
4.24.1 Landscaping compliant with the rest of Subsection 4.24 shall be provided in the
following areas:
(1) The first three (3) metres of the minimum required front yard measured
from the front property line.
(2) A strip of soft landscaping abutting the front of the principal building, where
loading does not occur, to an average depth of two (2) metres.
(3) In the case of a corner site, the side yard abutting the flanking street to a
minimum perpendicular width of three (3) metres.
(4) In the case where a site abuts a residential district, the side or rear yard abutting
the residential district to a minimum perpendicular width of three (3) metres.
4.24.2 General Landscaping Requirements:
Where this bylaw specifies that landscaping is required, it shall be developed and
maintained in accordance with the following standards and policies:
(1) Plant material shall be species capable of healthy growth in the region and shall
conform to the current Canadian Standards for Nursery Stock of the Canadian
Nursery Landscape Association;
(2) Areas designated for planting shall be provided with an underground
permanent irrigation system or other adequate means of irrigation
commensurate with landscaping requirements, with at least one outside hose
bib for each principal building. Commercial or industrial sites are required to
use commercial grade irrigation products;
(3) Landscaping areas required to be provided within front or side yards shall not
be used for any purpose except for signs or structures otherwise permitted, or
driveways leading to a parking or loading facility;
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87
(4) Required landscaping shall be completed in accordance with the approved
landscape plan by the end of the construction season in which occupancy,
partial occupancy, or use of the building or site has taken place. When
occupancy, partial occupancy, or use of the building or site has taken place
after the end of the construction season, all required and approved landscaping
shall be completed by June 1st of the following year. For the purposes of this
section, 'construction season' means May 1st through October 31st of the same
calendar year; and,
(5) Required and approved landscaping shall be suitably maintained in a neat and
tidy condition at all times, and plant material installed or retained shall be
maintained in healthy, vigorous condition at all times.
4.24.3 The Development Officer shall not approve an application for a development
permit in the event that:
(1) Any required landscape plans have not been submitted;
(2)
Any required landscape plans do not, in the opinion of the Development Officer,
provide an adequate or suitable degree of landscaping necessary to enhance the
visual amenity of the site or provide a visual screen where required by this Bylaw.
4.24.4 Landscaping shall be a condition of the issuance of a development permit when the
existing use of a building or structure is significantly enlarged, undergoes a
significant capacity increase, or is changed to a new use.
4.24.5 Any landscaping, including planting thereon, which is required to be provided by
this Bylaw shall be maintained in a healthy growing condition or shall otherwise be
replaced.
4.24.6 Any land for landscaped open space shall be included in any calculation of site area,
setbacks, density, or yard requirements as required by this Bylaw.
4.24.7 Requirements for Landscape Plans
(1) When landscaping is required under this Bylaw, landscaping plans shall be
attached to a development permit application and shall form part of that
application. The landscape plans shall be prepared in accordance with
Subsection 4.25.7 (2).
(2) Landscape Plan Submission Requirements:
(a) Two copies of every landscape plan must be submitted to the satisfaction of the
Development Officer, showing, to scale, physical features, including existing
and proposed grades, the size and type of existing vegetation to be removed
and retained, the size, type and location of plant material to be provided, the
location of hard landscaping such as fences, retaining walls, walkways and
City of North Battleford Zoning Bylaw
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curbs, and the details of the proposed irrigation system, including the location
of any outside hose bibs.
(b) A declaration, signed by the property owner and applicant, shall be affixed to
required landscape plans, specifically acknowledging that the landscaping
specified on the plans is a condition of the issuance of a development permit
for the property and that such development will be complete by the date set out
in the development permit.
4.24.8 Council may waive the landscaping requirements of Section 4.24 at its discretion
where it is demonstrated that site configuration or site size precludes the ability to
landscape.
4.25 OUTSIDE STORAGE AND WASTE STORAGE
(1) Where permitted in association with any approved industrial, commercial or
residential land use, all outside storage, including storage of garbage and waste
materials, is subject to the following requirements:
(a)
No outside storage shall be located in the front yard, except for the
neatly arranged display of items for sale.
(b)
Outside storage in a side or rear yard shall be screened from adjacent
sites by a fence at least 1.9 metres in height, or a combination of fence and
soft landscaping, screening a minimum of 1.9 metres in height.
(c)
Unless otherwise directed by this Bylaw, garbage and waste material
shall be stored in weatherproof and animal-proof containers and shall be
visually screened from all adjacent sites and public thoroughfares.
4.26 BARE LAND CONDOMINIUMS
Regulations and development standards for buildings, uses and sites in all zoning districts
shall also apply to uses and bare land units that are part of an approved bare land
condominium plan.
4.27 SWIMMING POOLS AND HOT TUBS
Private swimming pools, both above ground and in-ground, both open and covered and hot
tubs, shall be permitted in any Residential Zoning District, subject to the following
conditions:
(1)
Open Pools:
(a)
Open pools shall be enclosed within a fence a minimum of 1.8
metres in height and located not more than 1.2 metres from the pool.
City of North Battleford Zoning Bylaw
89
(b)
Open pools shall not be located closer than 1.5 metres to any site
line plus an additional horizontal distance equal to the height of the top edge
of the pool above finished grade at the site line(s). For the purposes of the
foregoing, the distance to the site line shall be measured from the nearest
inside edge of the pool.
(c)
No part of an open pool including an associated apron or platform
shall be constructed closer to a street line than the front yard requirements
for the principal building in the zoning district in which it is located.
4.28 TELECOMMUNICATION TOWERS
(1)
Telecommunication towers proposed to be erected in the municipality shall be
required to undertake public consultation as agreed upon by Council.
City of North Battleford Zoning Bylaw
90
SECTION 5
ZONING DISTRICTS
5.1 CLASSIFICATION OF ZONING DISTRICTS
In order to carry out the purpose and provisions of this Bylaw, the City 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
One Unit Residential
R1
Small Lot Residential
R1A
Low Density Residential
R2
Medium Density Residential
R3
High Density Residential
R4
Acreage Residential
R5
Mobile Home Residential
RMH
Community Service
CS
Downtown Commercial
C1
Neighbourhood Commercial
C2
Arterial Commercial
C3
Large Lot Arterial Commercial
C3A
Regional Commercial
C4
Mixed Use
MU
Light Industrial
M1
Heavy Industrial
M2
Airport
YQW
Parks and Recreation
PR
Restricted Development 1
RD1
Restricted Development 2
RD2
Future Urban Development
FUD
5.2 THE ZONING DISTRICT MAP
The map, bearing the statement "This is the Zoning District Map referred to in Bylaw No.
1971" adopted by the Council and signed by the Mayor and Administrator, and under the
seal of the City shall be known as the "Zoning District Map" and such map is declared to
be an integral part of this Bylaw.
5.3 BOUNDARIES OF ZONING DISTRICTS
5.3.1 The boundaries of such districts referred to, together with explanatory legend,
notation and reference, are shown on the map entitled "Zoning District Map".
City of North Battleford Zoning Bylaw
91
5.3.2 All streets, lanes and road allowances, if not otherwise specifically designated, shall
be deemed to be in the same zoning district as the property immediately abutting
upon such streets, lanes and road allowances. If the land abutting each side of a
street, lane or road allowance is located in different zoning districts, the centre line
of such street, lane or road allowance shall be deemed to be the district boundary,
unless otherwise specifically designated.
5.3.3 Streets, lanes, and road allowances which are shown on the Zoning District Map
and which have been permanently closed pursuant to Section 13 of The
Municipalities Act, shall be in the same district as the land abutting both sides of
the permanently closed street, lane or road allowance. If the land abutting each side
of the permanently closed street, land or road allowance was located in different
zoning districts before the said street, lane or road allowance was permanently
closed, the centre line of such permanently closed street, lane or road allowance
shall be deemed to be the district boundary, unless otherwise specifically
designated.
5.3.4 In unsubdivided land, the zoning district boundary shall be determined by the scale
shown on the Zoning District Map.
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.
5.5 PROPERTIES WITH MORE THAN ONE ZONING DISTRICT
Where a site or lot is divided into more than one zoning district, the development and use
of any portion of the site shall be in accordance with the requirements of the applicable
zoning district and subject to Section 4.3 herein.
City of North Battleford Zoning Bylaw
92
SECTION 6
DISTRICT SCHEDULES
6.1 R1 - ONE UNIT RESIDENTIAL DISTRICT
6.1.1 Purpose
The objective of the R1 - One Unit Residential District is to provide for residential
development in the form of single detached dwellings and for other compatible
uses.
6.1.2 Permitted and Discretionary Uses
Uses are listed and designated in Table 6-1.
6.1.3 Accessory Uses
Accessory buildings and uses shall be permitted subject to Section 4.8.
6.1.4 Standards and Regulations
(1)
Site and building requirements are shown in Table 6-1.
(2)
The regulations governing landscaping contained within Section 4.24 of this
Bylaw shall apply to places of worship, elementary and high schools, clubs,
convenience stores, and community centres in the R1 - One Unit
Residential District.
6.1.5 Standards for Discretionary Uses
Council will consider discretionary use applications in the R1 - One Unit
Residential District with respect to Section 3.10.3 General Discretionary Use
Evaluation Criteria, Section 3.10.4 Use Specific Discretionary Use Evaluation
Criteria, as may be applicable, and additional evaluation criteria and development
standards that follows in this section.
(1)
Off street parking spaces for adult day care, day care centres, pre-school
nurseries, residential care facilities - type I, schools and places of worship,
shall be located in a side or rear yard and be screened if they are adjacent to
a site used for residential purposes.
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.
City of North Battleford Zoning Bylaw
93
Table 6-1
R1 - ONE UNIT RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Maximum
Building Height
(m)
Minimum Front
Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Site
Coverage (%)
Residential Uses
(1)
Secondary, garden and garage suites
D
1
4.12.7
Refer to Section 4.12.7
(2)
Single detached dwellings
P
1
450 (1)
15 (2)
10.5
7.5
1.2 (3)
6
89
50
Commercial Uses
(1)
Adult day care - type I
P
14
4.12.1
450 (1)
15 (2)
10.5
7.5
1.2 (3)
6
89
50
(2)
Adult day care - type II
D
14
4.12.1
450 (1)
15 (2)
10.5
7.5
1.2 (3)
6
89
50
(3)
Bed and breakfast homes
D
3
4.12.2
450 (1)
15 (2)
10.5
7.5
1.2 (3)
6
89
50
(4)
Clubs
D
4
3.10.4 (3)
450
15
no max
7.5
3 (4)
6
89
50
(5)
Convenience stores
D
5
3.10.4 (2)
450
15
no max
7.5
3 (4)
6
89
50
(6)
Daycare centres and preschools
D
16
4.12.4
450 (1)
15 (2)
10.5
7.5
1.2 (3)
6
89
50
(7)
Home based business - type I
P
1
4.11
same as home
(8)
Home based business - type II
D
18
4.11
same as home
(9)
Personal care homes - type I and type II
D
6
4.12.3
450 (1)
15 (2)
10.5
7.5
1.2 (4)
6
89
50
(10)
Private service home
P
1
4.12.3
same as home
(11)
Residential care facilities - type I and type II
D
7
4.12.3
450 (1)
15 (2)
10.5
7.5
1.2 (4)
6
89
50
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Community centres
P
4
3.10.4 (3)
450
15
no max
7.5
3 (4)
6
89
50
(2)
Community gardens
P
0
no min
no min
no max
no min
no min
no min
no min
no max
(3)
Farm stands
P
0
no min
no min
no max
no min
no min
no min
no min
no max
(4)
Municipal facilities
P
0
no min
no min
no max
no min
no min
no min
no min
no max
(5)
Parks and playgrounds
P
0
no min
no min
no max
no min
no min
3
no min
no max
(6)
Place of worship
P
8
3.10.4 (3)
450
15
no max
7.5
3 (4)
6
89
50
(7)
Public schools
P
19(5)
20(6)
3.10.4 (3)
no min
no min
no max
7.5
3 (4)
6
no min
no max
(8)
Public works excluding offices, warehouses,
storage yards, and solid and liquid waste
management or disposal facilities
P
0
no min
no min
no max
no min
no min
no min
no min
no max
(9)
Major telecommunication towers
D
0
3.10.4 (24)
4.28
no min
no min
no max
no min
no min
no min
no min
no max
(10)
Minor telecommunication towers
P
0
4.28
no min
no min
14.9
no min
no min
no min
no min
no max
City of North Battleford Zoning Bylaw
94
Use Designations:
(P) - Permitted Use
means a use or form of development allowed as of right in a zoning
district, subject to the regulations contained in this Bylaw.
(D) - Discretionary Use
A use or form of development specified in this Bylaw, which may be allowed following application to, and
approval of the Council; and which complies with the development standards laid out in Section 6.1.5 and
others as required by Council and/or contained in this Bylaw.
Special limitation and standards regarding Table 6-1 and the R1 - One Unit Residential District:
(1)
unless site is served by a lane, in which case 360 square metres
(2)
unless site is served by a lane, in which case 12 metres
(3)
except for corner sites, where it shall be 3 metres along the flanking street
(4)
or ½ the average building height, whichever is greater
(5)
elementary schools
(6)
secondary schools
City of North Battleford Zoning Bylaw
95
6.2 R1A - SMALL LOT RESIDENTIAL DISTRICT
6.2.1 Purpose
The objective of the R1A - Small Lot Residential District is to accommodate single
detached residential dwellings on small lots and other compatible uses.
6.2.2 Permitted and Discretionary Uses
Uses are listed and designated in Table 6-2
6.2.3 Accessory Uses
Accessory buildings and uses shall be permitted subject to Section 4.8.
6.2.4 Standards and Regulations
(1)
Site and building requirements are shown in Table 6-2.
(2)
The regulations governing landscaping contained within Section 4.24 of this
Bylaw shall apply to places of worship, elementary and high schools, and
community centres in the R1A - Small Lot Residential District.
6.2.5 Standards for Discretionary Uses
Council will consider discretionary use applications in the R1A - Small Lot
Residential District with respect to Section 3.10.3 General Discretionary Use
Evaluation Criteria, Section 3.10.4 Use Specific Discretionary Use Evaluation
Criteria, as may be applicable, and additional evaluation criteria and development
standards that follows in this section:
(1)
Off street parking spaces for adult day care, day care centres, pre-school
nurseries, residential care facilities - type I, schools and places of worship,
shall be located in a side or rear yard and be screened if they are adjacent to
a site used for residential purposes.
6.2.6 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.
City of North Battleford Zoning Bylaw
96
Table 6-2
R1A - SMALL LOT RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Maximum
Building Height
(m)
Minimum Front
Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Site
Coverage (%)
Residential Uses
(1)
Secondary suites
D
1
4.12.7
Refer to Section 4.12.7
(2)
Single detached dwellings
P
1
225
7.5
10.5
6
1.2(1)
6
75
50
Commercial Uses
(1)
Adult day care - type I
P
14
4.12.1
225
7.5
10.5
6
1.2(1)
6
75
50
(2)
Adult day care - type II
D
14
4.12.1
225
7.5
10.5
6
1.2(1)
6
75
50
(3)
Bed and breakfast homes
D
3
4.12.2
225
7.5
10.5
6
1.2(1)
6
75
50
(4)
Daycare centres and preschools
D
16
4.12.4
225
7.5
no max
6
1.2(1)
6
75
50
(5)
Home based business - type I
P
-
4.11
same as home
(6)
Home based business - type II
D
18
4.11
same as home
(7)
Personal care homes - type I and type II
D
6
4.12.3
225
7.5
10.5
6
1.2(1)
6
75
50
(8)
Private service homes
P
1
4.12.13
same as home
(9)
Residential care facilities - type I and type II
D
7
4.12.3
225
7.5
10.5
6
1.2(1)
6
75
50
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Community centres
P
4
3.10.4 (3)
450
15
no max
7.5
3 (2)
6
no min
50
(2)
Community gardens
P
0
no min
no min
no max no min no min no min no min no max
(3)
Farm stands
P
0
no min
no min
no max no min no min no min no min no max
(4)
Municipal facilities
P
0
no min
no min
no max no min no min no min no min no max
(5)
Parks and playgrounds
P
0
no min
no min
8.5
6
6
6
no min
10
(6)
Place of worship
P
8
3.10.4 (3)
450
15
no max
7.5
3 (2)
6
no min
50
(7)
Public schools
P
19(3)
20(4)
3.10.4 (3)
no min
no min
no max
7.5
3 (2)
6
no min no max
(8)
Public works excluding offices, warehouses, storage
yards, and solid and liquid waste management or
disposal facilities
P
0
no min
no min
no min no min no min no min no max
(9)
Major telecommunication towers
D
0
3.10.4 (24)
4.28
no min
no min
no max no min no min no min no min no max
(10)
Minor telecommunication towers
P
0
4.28
no min
no min
14.9
no min no min no min no min no max
City of North Battleford Zoning Bylaw
97
Use Designations:
(P) - Permitted Use
means a use or form of development allowed as of right in a zoning
district, subject to the regulations contained in this Bylaw.
(D) - Discretionary Use
A use or form of development specified in this Bylaw, which may be allowed following application to, and
approval of the Council; and which complies with the development standards laid out in Section 6.2.5 and
others as required by Council and/or contained in this Bylaw.
Special limitation and standards regarding Table 6-2 and the R1A - Small Lot Residential District:
(1)
except for corner sites where it shall be 3 along the flanking street
(2)
or ½ the average building height, whichever is greater
(3)
elementary schools
(4)
secondary schools
City of North Battleford Zoning Bylaw
98
6.3 R2- LOW DENSITY RESIDENTIAL DISTRICT
6.3.1 Purpose
The objective of the R2 - Low Density Residential District is to provide for residential
development in the form of single detached, semi-detached, two-unit dwellings, and for
other compatible uses.
6.3.2 Permitted and Discretionary Uses
Uses are listed and designated in Table 6-3.
6.3.3 Accessory Uses
Accessory buildings and uses shall be permitted subject to Section 4.8.
6.3.4 Standards and Regulations
(1)
Site and building requirements are shown in Table 6-3.
(2)
The regulations governing landscaping contained within Section 4.24 of this Bylaw
shall apply to places of worship, elementary and high schools, clubs, convenience
stores, community centres, emergency and protective services, cultural institutions,
private schools and parking lots in the R2 - Low Density Residential District.
6.3.5 Standards for Discretionary Uses
Council will consider discretionary use applications in the R2 - Low Density Residential
District with respect to Section 3.10.3 General Discretionary Use Evaluation Criteria,
Section 3.10.4 Use Specific Discretionary Use Evaluation Criteria, as may be applicable,
and additional evaluation criteria and development standards that follows in this section:
(1)
Off street parking spaces for adult day care, day care centres, pre-school nurseries,
residential care facilities - type I, schools and places of worship, shall be located in
a side or rear yard and be screened if they are adjacent to a site used for residential
purposes.
6.3.6 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.
City of North Battleford Zoning Bylaw
99
Table 6-3
R2 - LOW DENSITY RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Maximum
Building Height
(m)
Minimum Front
Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Site
Coverage (%)
Residential Uses
(1)
Dwelling groups
D
2
3.10.4 (4)
4.12.5
1000
no
min
10.5
no min
3 (4)
no min 50 / unit
60
(2)
Secondary, garden and garage suites
D
1
4.12.7
Refer to Section 4.12.7
(3)
Multiple unit dwellings (apartments) 4 units maximum
P
2
4.12.13
(8)
22
10.5
6
(5) (9)
6
40 / unit
60
(4)
Multiple unit dwellings (apartments) 5 to 8 units
maximum
D
2
3.10.4 (5)
4.12.13
(8)
22
10.5
6
(5) (9)
6
40 / unit
60
(5)
Multiple unit dwellings (townhouses) 4 units maximum
P
1
4.12.13
225 /
unit
6 /
unit
10.5
6
(5) (9)
6
46 / unit
60
(6)
Multiple unit dwellings (townhouses) 5 to 6 units
maximum
D
1
3.10.4 (5)
4.12.13
225 /
unit
6 /
unit
10.5
6
(5) (9)
6
46 / unit
60
(7)
Semi-detached dwellings
P
1
255 (2)
7.5
10.5
6
1.2 (5) (7)
6
46
60
(8)
Single detached dwellings
P
1
450 (1)
15 (6)
10.5
6
1.2 (7)
6
58(12)
50
(9)
Street townhouse dwellings 4 units maximum
P
1
4.12.13
225
6
10.5
6
(5) (9)
6
46 / unit
60
(10)
Street townhouse dwellings 5 to 6 units maximum
D
1
3.10.4 (5)
4.12.13
225
6
10.5
6
(5) (9)
6
46 / unit
60
(11)
Two unit dwellings
P
1
510 (3)
15
10.5
6
1.2 (7 )(5)
6
92
60
Commercial Uses
(1)
Adult day care - type I
P
14
4.12.1
450 (1)
15 (6)
10.5
6
1.2 (7)
6
89
50
(2)
Adult day care - type II
D
14
4.12.1
450 (1)
15 (6)
10.5
6
1.2 (7)
6
89
50
(3)
Bed and breakfast homes
D
3
4.12.2
450 (1)
15 (6)
10.5
6
1.2 (7)
6
89
50
(4)
Clubs
D
4
3.10.4 (3)
450
15
no max
6
3 (4)
6
no min
50
(5)
Convenience stores
D
5
3.10.4 (2)
450
15
no max
6
3 (4)
6
no min
50
(6)
Daycare centres and preschools
D
16
4.12.4
450 (1)
15 (6)
no max
6
1.2 (7)
6
89
50
(7)
Home based business - type I
P
-
4.11
same as home
(8)
Home based business - type II
D
18
4.11
same as home
City of North Battleford Zoning Bylaw
100
(9)
Parking lots
D
0
4.12.9
no min
no
min
no max
3
3
3
no min
no
max
(10)
Personal care homes - type I
P
6
4.12.3
450 (1)
15 (6)
10.5
6
1.2 (7)
6
89
50
(11)
Personal care homes - type II
D
6
4.12.3
450 (1)
15 (6)
10.5
6
1.2(7)
6
89
50
(12) Private service homes
P
1
4.12.3
same as home
(13)
Residential care facilities - type I
P
7
4.12.3
450 (1)
15 (6)
10.5
6
1.2 (7)
6
89
50
(14)
Residential care facilities - type II
D
7
4.12.3
450 (1)
15 (6)
10.5
6
1.2 (7)
6
89
50
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Emergency and protective services
D
5
3.10.4 (8)
225
6
no max
6
3
6
no min
50
(2)
Community centres
P
4
3.10.4 (3)
450
15
no max
6
3 (4)
6
no min
50
(3)
Cultural institutions
D
4
3.10.4 (3)
450
15
no max
6
3 (4)
6
no min
50
(4)
Custodial care facilities
D
14
4.12.3
450 (1)
15 (6)
10.5
6
1.2 (7)
6
89
50
(5)
Municipal facilities
P
0
no min
no
min
no max no min no min
no min no min
no
max
(6)
Parks and playgrounds
P
0
no min
no
min
8.5
6
6
3
no min
10
(7)
Places of worship
P
8
3.10.4 (3)
450
15
no max
6
3 (4)
6
89
50
(8)
Private schools
D
21
3.10.4 (3)
no min
no
min
no max no min
3 (4)
6
no min
no
max
(9)
Public schools
P
19(10)
20(11) 3.10.4 (3)
no min
no
min
no max
6
3 (4)
6
no min
no
max
(10)
Public works excluding offices, warehouses, storage
yards, and solid and liquid waste management or
disposal facilities
P
0
no min
no
min
no max no min no min
no min no min
no
max
(11)
Major telecommunication towers
D
0
3.10.4
(24) 4.28
no min
no
min
no max no min no min
no min no min
no
max
(12)
Minor telecommunication towers
P
0
4.28
no min
no
min
14.9
no min no min
no min no min
no
max
(13)
Community gardens
P
0
no min
no
min
no max no min no min
no min no min
no
max
(14)
Farm stands
P
0
no min
no
min
no max no min no min
no min no min
no
max
Use Designations:
(P) - Permitted Use
means a use or form of development allowed as of right in a zoning
district, subject to the regulations contained in this Bylaw.
(D) - Discretionary Use
A use or form of development specified in this Bylaw, which may be allowed following application to, and
approval of the Council; and which complies with the development standards laid out in Section 6.3.5 and
others as required by Council and/or contained in this Bylaw.
City of North Battleford Zoning Bylaw
101
Special limitations and standards regarding Table 6-3 and the R2 Low Density Residential District:
(1) unless site is served by a lane, in which case 360 square metres
(2) unless site is served by a lane, in which case 225 square metres
(3) unless site is served by a lane, in which case 450 square metres
(4) or ½ the building height, whichever is greater
(5) except that no side yard is required where a common wall divides two dwelling units
(6) unless site is served by a lane, in which case 12 metres
(7) except for corner sites, in which case the minimum requirement shall be 3 metres along flanking street
(8) for multiple unit dwellings containing three to six units, the minimum site area shall be 550 square metres; for multiple unit
dwellings containing seven or more dwelling units, the minimum site area shall be 630 square metres
(9) for one-storey multiple unit dwellings, the minimum side yard requirement shall be 1.8 metres, unless dwelling is on a
corner site, in which case the minimum side yard requirement shall be 3 metres for the side flanking the street;
for multiple unit dwellings that are two (2) or three (3) storeys, the minimum side yard requirements shall be 3 metres;
for multiple unit dwellings that are four (4) storeys or higher, the minimum side yard requirement shall be ½ of the building
height, to a maximum of six (6) metres
(10) primary schools
(11)
(12)
secondary schools
Notwithstanding the inclusion of areas to be calculated in the definition of Floor Area, the minimum building floor area
shall be to be the floor area of the main floor, or the main floor and the next floor there-above in the case of a split-level
dwelling, excluding basements, attached garage, porches, balconies, accessory buildings, second floors. If a multi-story
building is proposed, the floor area of any upper story shall not be included in the calculation of the minimum floor area.
City of North Battleford Zoning Bylaw
102
6.4 R3 - MEDIUM DENSITY RESIDENTIAL DISTRICT
6.4.1 Purpose
The objective of the R3 - Medium Density Residential District is to provide for residential
development in the form of single detached, semi-detached, two-unit dwellings, multiple-
unit dwellings, dwelling groups, and for other compatible uses.
6.4.2 Permitted and Discretionary Uses
Uses are listed and designated in Table 6-4.
6.4.3 Accessory Uses
Accessory buildings and uses shall be permitted subject to Section 4.8.
6.4.4 Standards and Regulations
(1)
Site and building requirements are shown in Table 6-4.
(2)
The regulations governing landscaping contained within Section 4.24 of this Bylaw
shall apply to places of worship, elementary and high schools, clubs, convenience
stores, community centres, emergency and protective services, cultural institutions,
private schools and parking lots in the R3 - Medium Density Residential District.
6.4.5 Standards for Discretionary Uses
Council will consider discretionary use applications in the R3 - Medium Density
Residential District with respect to Section 3.10.3 General Discretionary Use Evaluation
Criteria, Section 3.10.4 Use Specific Discretionary Use Evaluation Criteria, as may be
applicable, and additional evaluation criteria and development standards that follows in
this section:
(1)
Off street parking spaces for adult day care, day care centres, pre-school nurseries,
residential care facilities - type I, schools and places of worship, shall be located in
a side or rear yard and be screened if they are adjacent to a site used for residential
purposes.
6.4.6 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.
City of North Battleford Zoning Bylaw
103
Table 6-4
R3 - MEDIUM DENSITY RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Maximum
Building Height
(m)
Minimum Front
Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Site
Coverage (%)
Residential Uses
(1)
Dwelling groups
D
2
3.10.4 (4)
4.12.5
1000
no min
10.5
no min
3 (4)
no min 50 / unit
60
(2)
Secondary, garden and garage suites
D
1
4.12.7
Refer to Section 4.12.7
(3)
Multiple unit dwellings (apartments) 8 units maximum
P
2
4.12.13
550
22
12
6
(5) (9)
6
40 / unit
60
(4)
Multiple unit dwellings (apartments) 9 or more units
D
2
3.10.4 (5)
4.12.13
630
22
15
6
(5) (9)
6
40 / unit
60
(5)
Multiple unit dwellings (townhouses) 6 units maximum
P
1
4.12.13
(11)
(12)
10.5
6
(5) (9)
6
46 / unit
60
(6)
Multiple unit dwellings (townhouses) 7 or more units
D
1
3.10.4 (5)
4.12.13
1350
36
12
6
(5) (9)
6
46 / unit
60
(7)
Semi-detached dwellings
P
1
255 (2)
7.5
10.5
6
1.2 (5) (7)
6
46
60
(8)
Single detached dwellings
P
1
450 (1)
15 (6)
10.5
6
1.2 (7)
6
58(13)
50
(9)
Street townhouse dwellings 6 units maximum
P
1
4.12.13
225
6
10.5
6
(5) (9)
6
46 / unit
60
(10)
Street townhouse dwellings 7 or more units
D
1
3.10.4 (5)
4.12.13
225
6
10.5
6
(5) (9)
6
46 / unit
60
(11)
Two unit dwellings
P
1
510 (3)
15
10.5
6
1.2 (5 )(7)
6
92
60
Commercial Uses
(1)
Adult day care - type I
P
14
4.12.1
450 (1)
15 (6)
10.5
6
1.2 (7)
6
89
50
(2)
Adult day care - type II
D
14
4.12.1
450 (1)
15 (6)
10.5
6
1.2 (7)
89
50
(3)
Bed and breakfast homes
D
3
4.12.2
450 (1)
15 (6)
10.5
6
1.2 (7)
6
89
50
(4)
Clubs
D
4
3.10.4 (3)
450
15
no max
6
3 (4)
6
no min
50
(5)
Convenience stores
D
5
3.10.4 (2)
450
15
no max
6
3 (4)
6
no min
50
(6)
Daycare centres and preschools
D
16
4.12.4
450 (1)
15 (6)
no max
6
1.2 (7)
6
89
50
(7)
Home based business - type I
P
-
4.11
Same as home
(8)
Home based business - type II
D
18
4.11
Same as home
(9)
Parking lots
D
0
4.12.9
no min no min
no max
3
3
3
no min
no max
(10)
Personal care homes - type I
P
6
4.12.3
450 (1)
15 (6)
10.5
6
1.2 (7)
6
89
50
(11)
Personal care homes - type II
D
6
4.12.3
450 (1)
15 (6)
10.5
6
1.2(7)
6
89
50
City of North Battleford Zoning Bylaw
104
Table 6-4
R3 - MEDIUM DENSITY RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Maximum
Building Height
(m)
Minimum Front
Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Site
Coverage (%)
(12)
Private service homes
P
1
4.12.3
same as home
(13)
Residential care facilities - type I
P
7
4.12.3
450 (1)
15 (6)
10.5
6
1.2 (7)
6
89
50
(14)
Residential care facilities - type II
D
7
4.12.3
450 (1)
15 (6)
10.5
6
1.2 (7)
6
89
50
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Emergency and protective services
D
5
3.10.4 (8)
225
6
no max
6
3
6
no min
50
(2)
Community centres
P
4
3.10.4 (3)
450
15
no max
6
3 (4)
6
no min
50
(3)
Cultural institutions
D
4
3.10.4 (3)
450
15
no max
6
3 (4)
6
no min
50
(4)
Custodial care facilities
D
14
4.12.3
450 (1)
15 (6)
no max
6
1.2 (7)
6
89
50
(5)
Municipal facilities
P
0
no min no min
no max
no min no min no min
no min
no max
(6)
Parks and playgrounds
P
0
no min no min
8.5
6
6
6
no min
10
(7)
Places of worship
P
8
3.10.4 (3)
450
15
no max
6
3 (4)
6
89
50
(8)
Private schools
D
21
3.10.4 (3) no min no min
no max
no min
3 (4)
6
no min
no max
(9)
Public schools
P
19(9)
20(10) 3.10.4 (3) no min no min
no max
6
3 (4)
6
no min
no max
(10)
Public works excluding offices, warehouses, storage
yards, and solid and liquid waste management or
disposal facilities
P
0
no min no min
no max
no min no min no min
no min
no max
(11)
Major telecommunication towers
D
0
3.10.4 (24)
4.28
no min no min
no max
no min no min no min
no min
no max
(12)
Minor telecommunication towers
P
0
4.28
no min no min
14.9
no min no min no min
no min
no max
(13)
Community gardens
P
0
no min no min
no max
no min no min no min
no min
no max
(14)
Farm stands
P
0
no min no min
no max
no min no min no min
no min
no max
Use Designations:
(P) - Permitted Use
means a use or form of development allowed as of right in a zoning
district, subject to the regulations contained in this Bylaw.
(D) - Discretionary Use
A use or form of development specified in this Bylaw, which may be allowed following application to, and
approval of the Council; and which complies with the development standards laid out in Section 6.4.5 and
others as required by Council and/or contained in this Bylaw.
City of North Battleford Zoning Bylaw
105
Special limitations and standards regarding Table 6-4 and the R3 Medium Density Residential District:
(1)
unless site is served by a lane, in which case 360 square metres
(2)
unless site is served by a lane, in which case 225 square metres
(3)
unless site is served by a lane, in which case 450 square metres
(4)
or ½ the building height, whichever is greater
(5)
except that no side yard is required where a common wall divides two dwelling units
(6)
unless site is served by a lane, in which case 12 metres
(7)
except for corner sites, in which case the minimum requirement shall be 3 metres along flanking street
(8)
for one-storey multiple unit dwellings, the minimum side yard requirement shall be 1.8 metres, unless dwelling is on a
corner site, in which case the minimum side yard requirement shall be 3 metres for the side flanking the street;
for multiple unit dwellings that are two (2) or three (3) storeys, the minimum side yard requirements shall be 3 metres;
for multiple unit dwellings that are four (4) storeys or higher, the minimum side yard requirement shall be ½ of the
building height, to a maximum of six (6) metres
(9)
primary schools
(10)
secondary schools
(11)
for townhouse dwellings containing 6 units or fewer, the minimum site area shall be 225 square metres per unit OR 900
square metres, whichever is least
(12)
for townhouse dwellings containing 6 units or fewer, the minimum site width shall be 6 metres per unit OR 24 metres,
whichever is least
(13)
Notwithstanding the inclusion of areas to be calculated in the definition of Floor Area, the minimum building floor area
shall be to be the floor area of the main floor, or the main floor and the next floor there-above in the case of a split-level
dwelling, excluding basements, attached garage, porches, balconies, accessory buildings, second floors. If a multi-story
building is proposed, the floor area of any upper story shall not be included in the calculation of the minimum floor area.
City of North Battleford Zoning Bylaw
106
6.5 R4 - HIGH DENSITY RESIDENTIAL DISTRICT
6.5.1 Purpose
The objective of the R4 - High Density Residential District is to provide for residential
development in the form of multiple-unit dwellings, dwelling groups and for other
compatible uses.
6.5.2 Permitted and Discretionary Uses
Uses are listed and designated in Table 6-5.
6.5.3 Accessory Uses
Accessory buildings and uses shall be permitted subject to Section 4.8.
6.5.4 Standards and Regulations
(1)
Site and building requirements are shown in Table 6-5.
(2)
The regulations governing landscaping contained within Section 4.24 of this Bylaw
shall apply to places of worship, elementary and high schools, clubs, convenience
stores, community centres, emergency and protective services, cultural institutions,
private schools and parking lots in the R4 - High Density Residential District.
6.5.5 Standards for Discretionary Uses
Council will consider discretionary use applications in the R4 - High Density Residential
District with respect to Section 3.10.3 General Discretionary Use Evaluation Criteria,
Section 3.10.4 Use Specific Discretionary Use Evaluation Criteria, as may be applicable,
and additional evaluation criteria and development standards that follows in this section:
(1)
Off street parking spaces for adult day care, day care centres, pre-school nurseries,
residential care facilities - type I, schools and places of worship, shall be located in
a side or rear yard and be screened if they are adjacent to a site used for residential
purposes.
6.5.6 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.
City of North Battleford Zoning Bylaw
107
Table 6-5
R4 - HIGH DENSITY RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Maximum
Building Height
(m)
Minimum Front
Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Site
Coverage (%)
Residential Uses
(1)
Multiple unit dwellings (apartments)
P
2
4.12.13
(1)
22
no max
6
(2) (3)
6
40 / unit
60
(2)
Multiple unit dwellings (townhouses)
P
2
4.12.13
(7)
(8)
no max
6
(2) (3)
6
46 / unit
60
(3)
Street townhouse dwellings
P
2
4.12.13
225
6
no max
6
(2) (3)
6
46 / unit
60
Commercial Uses
(1)
Clubs
D
4
3.10.4 (3)
450
15
no max
6
3 (4)
6
no min
50
(2)
Convenience stores
D
5
3.10.4 (2)
450
15
no max
6
3 (4)
6
no min
50
(3)
Daycare centres and preschools
D
16
4.12.4
450
15
no max
6
3 (4)
6
70
50
(4)
Farmers' markets
P
0
no min
no min
no max no min no min no min
no min
no max
(5)
Home based business - type 1
P
-
4.11
same as home
(6)
Parking lots
D
0
4.12.9
no min
no min
no max
3
3
3
no min
no max
(7)
Private service homes
P
1
4.12.13
same as home
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Emergency and protective services
D
5
3.10.4 (8)
225
6
no max
6
3
6
no min
50
(2)
Community centres
P
4
3.10.4 (3)
450
15
no max
6
3 (4)
6
no min
50
(3)
Cultural institutions
D
4
3.10.4 (3)
450
15
no max
6
3 (4)
6
no min
50
(4)
Municipal facilities
P
0
no min
no min
no max no min no min no min
no min
no max
(5)
Parks and playgrounds
P
0
no min
no min
8.5
6
6
6
no min
10
(6)
Places of worship
P
8
3.10.4 (3)
450
15
no max
6
3 (4)
6
70
50
(7)
Private schools
D
21
3.10.4 (3)
no min
no min
no max no min
3 (4)
6
no min
no max
(8)
Public schools
P
19(5)
20(6)
3.10.4 (3)
no min
no min
no max
6
3 (4)
6
no min
no max
(9)
Public works excluding offices, warehouses, storage
yards, and solid and liquid waste management or
disposal facilities
P
0
no min
no min
no max no min no min no min
no min
no max
(10)
Residential care facilities - type I
P
7
4.12.3
360
6
10.5
6
3 (4)
6
70
50
(11)
Residential care facilities - type II
D
7
4.12.3
360
6
10.5
6
3 (4)
6
70
50
City of North Battleford Zoning Bylaw
108
Table 6-5
R4 - HIGH DENSITY RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Maximum
Building Height
(m)
Minimum Front
Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Site
Coverage (%)
(12)
Major telecommunication towers
D
0
3.10.4 (24)
4.28
no min
no min
no max no min no min no min
no min
no max
(13)
Minor telecommunication towers
P
0
4.28
no min
no min
14.9
no min no min no min
no min
no max
(14)
Community gardens
P
0
no min
no min
no max no min no min no min
no min
no max
(15)
Farm stands
P
0
no min
no min
no max no min no min no min
no min
no max
Use Designations:
(P) - Permitted Use
means a use or form of development allowed as of right in a zoning
district, subject to the regulations contained in this Bylaw.
(D) - Discretionary Use
A use or form of development specified in this Bylaw, which may be allowed following application to, and
approval of the Council; and which complies with the development standards laid out in Section 6.5.5 and
others as required by Council and/or contained in this Bylaw.
Special limitation and standards regarding Table 6-5 and the R4 - High Density Residential District:
(1)
for multiple unit dwellings containing three to eight units, the minimum site area shall be 550 square metres; for multiple unit dwellings containing nine or more dwelling
units, the minimum site area shall be 630 square metres
(2)
except that no side yard is required where a common wall divides two dwelling units
(3)
for one-storey multiple unit dwellings, the minimum side yard requirement shall be 1.8 metres, unless dwelling is on a corner site, in which case the minimum side yard
requirement shall be 3 metres for the side flanking the street;
for multiple unit dwellings that are two (2) or three (3) storeys, the minimum side yard requirements shall be 3 metres;
for multiple unit dwellings that are four (4) storeys or higher, the minimum side yard requirement shall be ½ of the building height, to a maximum of six (6) metres
(4)
or ½ the building height, whichever is greater
(5)
primary schools
(6)
secondary schools
(7)
for townhouse dwellings, the minimum site area shall be 225 square metres per unit OR 1,350 square metres, whichever is least
(8)
for townhouse dwellings, the minimum site width shall be 6 metres per unit OR 36 metres, whichever is least
City of North Battleford Zoning Bylaw
109
6.6 R5- ACREAGE RESIDENTIAL DISTRICT
6.6.1 Purpose
The objective of the R5 - Acreage Residential District is to provide for residential
development in the form of acreages that do not require the provision of urban facilities
and services and for other compatible uses.
6.6.2 Permitted and Discretionary Uses
Uses are listed and designated in Table 6-6.
6.6.3 Accessory Uses
Accessory buildings and uses shall be permitted subject to Section 4.8.
6.6.4 Standards and Regulations
Site and building requirements are shown in Table 6-6.
6.6.5 Standards for Discretionary Uses
Council will consider discretionary use applications in the R5 - Acreage Residential
District with respect to Section 3.10.3 General Discretionary Use Evaluation Criteria,
Section 3.10.4 Use Specific Discretionary Use Evaluation Criteria, as may be applicable,
and additional evaluation criteria and development standards that follows in this section:
(1)
Off street parking spaces for adult day care, day care centres, pre-school nurseries,
residential care facilities - type I, schools and places of worship, shall be located in
a side or rear yard and be screened if they are adjacent to a site used for residential
purposes.
6.6.6 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.
City of North Battleford Zoning Bylaw
110
Table 6-6
R5 - ACREAGE RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Maximum
Building Height
(m)
Minimum Front
Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Site
Coverage (%)
Residential Uses
(1)
Secondary, garden and garage suites
D
1
4.12.7
See Section 4.12.7
(2)
Single detached dwellings
P
1
4000
36
10.5
6
1.5 (1)
6
89
50
Commercial Uses
(1)
Bed and breakfast homes
D
3
4.12.2
4000
36
10.5
6
1.5 (1)
6
89
50
(2)
Home based business - type I
P
-
4.11
same as home
(3)
Home based business - type II
D
18
4.11
same as home
(4)
Private service homes
P
1
4.12.3
same as home
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Municipal facilities
P
0
no min
no min no max
no min
no min no min no min no max
(2)
Parks and playgrounds
P
0
no min
no min
8.5
6
6
6
no min
10
(3)
Public works excluding offices, warehouses, storage
yards, and solid and liquid waste management or
disposal facilities
P
0
no min
no min no max
no min
no min no min no min no max
(4)
Major telecommunication towers
D
0 3.10.4 (24)
4.28
no min
no min no max
no min
no min no min no min no max
(5)
Minor telecommunication towers
P
0
4.28
no min
no min
14.9
no min
no min no min no min no max
(6)
Community gardens
P
0
no min
no min no max
no min
no min no min no min no max
(7)
Farm stands
P
0
no min
no min no max
no min
no min no min no min no max
Use Designations:
(P) - Permitted Use
means a use or form of development allowed as of right in a zoning
district, subject to the regulations contained in this Bylaw.
(D) - Discretionary Use
A use or form of development specified in this Bylaw, which may be allowed following application to, and
approval of the Council; and which complies with the development standards laid out in Section 6.6.5 and
others as required by Council and/or contained in this Bylaw.
City of North Battleford Zoning Bylaw
111
Special limitation and standards regarding Table 6-6 and the R5 - Acreage Residential District:
(1)
except for corner sites, in which case the minimum requirement shall be 3 metres along flanking street
City of North Battleford Zoning Bylaw
112
6.7 RMH - MOBILE HOME RESIDENTIAL DISTRICT
6.7.1 Purpose
The objective of the RMH - Mobile Home Residential District is to provide for
residential development in the form of mobile homes, mobile home courts, and
other compatible uses.
6.7.2 Permitted and Discretionary Uses
Uses are listed and designated in Table 6-7.
6.7.3 Accessory Uses
Accessory buildings and uses shall be permitted subject to Section 4.8.
6.7.4 Standards and Regulations
(1)
Site and building requirements are shown in Table 6-7.
(2)
The regulations governing landscaping contained within Section 4.24 of this
Bylaw shall apply to convenience stores, laundromats, and parking lots in
the RMH - Mobile Home Residential District.
6.7.5 Standards for Discretionary Uses
Council will consider discretionary use applications in the RMH - Mobile Home
Residential District with respect to Section 3.10.3 General Discretionary Use
Evaluation Criteria, Section 3.10.4 Use Specific Discretionary Use Evaluation
Criteria, as may be applicable, and additional evaluation criteria and development
standards that follows in this section.
City of North Battleford Zoning Bylaw
113
Table 6-7
RMH - MOBILE HOME RESIDENTIAL DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Maximum
Building Height
(m)
Minimum Front
Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Site
Coverage (%)
Residential Uses
(1)
Mobile homes
P
1
225
7.5
10.5
6
1.2 (1)
4.5
65
50
(2)
Mobile home courts
P
1
4.12.12
10000
60
no max
(2)
(2)
(2)
no min
no max
Commercial Uses
(1)
Convenience stores
D
5
3.10.4(2)
450
15
no max
6
3 (3)
6
no min
50
(2)
Day care centres and preschools
D
16
4.12.2
450
15
no max
6
3 (3)
6
no min
50
(3)
Laundromats
D
5
3.10.4(15)
450
15
no max
6
3 (3)
6
no min
50
(4)
Parking lots
D
0
4.12.9
no min no min no max
3
3
3
no min
no max
(5)
Private service homes
P
1
4.12.3
same as home
Community Service, Government, Recreational, Institutional and Other Uses
(1)
Municipal facilities
P
0
no min no min no max no min no min no min
no min
no max
(2)
Parks and playgrounds
P
0
no min no min
8.5
6
6
6
no min
10
(3)
Public works excluding offices, warehouses, storage
yards, and solid and liquid waste management or disposal
facilities
P
0
no min no min no max no min no min no min
no min
no max
(7)
Major telecommunication towers
D
0
3.10.4 (24)
4.28
no min no min no max no min no min no min
no min
no max
(8)
Minor telecommunication towers
P
0
4.28
no min no min
14.9
no min no min no min
no min
no max
(9)
Community gardens
P
0
no min no min no max no min no min no min
no min
no max
(10)
Farm stands
P
0
no min no min no max no min no min no min
no min
no max
Use Designations:
(P) - Permitted Use
means a use or form of development allowed as of right in a zoning
district, subject to the regulations contained in this Bylaw.
(D) - Discretionary Use
A use or form of development specified in this Bylaw, which may be allowed following application to, and
approval of the Council; and which complies with the development standards laid out in Section 6.7.5 and
others as required by Council and/or contained in this Bylaw.
City of North Battleford Zoning Bylaw
114
Special limitation and standards regarding Table 6-7 and the MHR - Mobile Home Residential District:
(1)
except:
(a)
where no lane is provided, one side yard shall be a minimum of 4.5 metres
(b)
where the main entrance door on the long side of the home faces a side site line, 4.5 metres on that side
(c)
on a corner site, a minimum side yard of 3 metres is required on the site line flanking the street
(2)
refer to Section 4.12.12
(3)
or ½ the height of the side wall, whichever is greater
City of North Battleford Zoning Bylaw
115
6.8 CS - COMMUNITY SERVICE DISTRICT
6.8.1 Purpose
The objective of the CS - Community Service District is to provide for development
in the form of a range of community services and other compatible uses.
6.8.2 Permitted and Discretionary Uses
Uses are listed and designated in Table 6-8.
6.8.3 Accessory Uses
Accessory buildings and uses shall be permitted subject to Section 4.8.
6.8.4 Standards and Regulations
(1)
Site and building requirements are shown in Table 6-8.
(2)
The regulations governing landscaping for the CS - Community Service
District are contained within Section 4.24 of this Bylaw.
6.8.5 Standards for Discretionary Uses
Council will consider discretionary use applications in the CS - Community Service
District with respect to Section 3.10.3 General Discretionary Use Evaluation
Criteria, Section 3.10.4 Use Specific Discretionary Use Evaluation Criteria, as may
be applicable, and additional evaluation criteria and development standards that
follows in this section.
6.8.6 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.
City of North Battleford Zoning Bylaw
116
Table 6-8
CS - COMMUNITY SERVICE DISTRICT DEVELOPMENT STANDARDS
for City of North Battleford
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Maximum
Building Height
(m)
Minimum Front
Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Site
Coverage (%)
Commercial Uses
(1)
Clubs
P
5
3.10.4 (3)
225
6
no max
6
3 (1)
4.5
no min
50
(2)
Commercial recreational facilities, including rinks, golf
courses and tourist campgrounds
P
4
225
6
no max
6
3 (1)
4.5
no min
50
(3)
Daycare centres and preschools
P
16
4.12.4
225
6
no max
6
3 (1)
4.5
no min
50
(4)
Farmers' markets
P
0
no min
no min
no max no min no min no min no min no max
(5)
Farm stands
P
0
no min
no min
no max no min no min no min no min no max
(6)
Funeral homes
D
17
225
6
no max
6
3 (1)
4.5
no min
50
(7)
Health care clinics
P
5
225
6
no max
6
3 (1)
4.5
no min
50
(8)
Medical, dental and optical laboratories
P
5
225
6
no max
6
3 (1)
4.5
no min
50
(9)
Parking lots
D
0
4.12.9
no min
no min
no max
3
3
3
no min no max
(10)
Private schools
P
21
no min
no min
no max no min
3 (1)
4.5
no min no max
(11)
Restaurants, with or without associated lounges
D
9
3.10.4(9)
225
6
no max
6
3 (1)
4.5
no min
50
Community Service, Government, Recreational, Institutional and Other Uses
(1)
Emergency and protective services
P
5
225
6
no max
6
3 (1)
4.5
no min no max
(2)
Cemeteries
P
0
no min
no min
no max
6
3 (1)
4.5
no min no max
(3)
Community centres
P
4
225
6
no max
6
3 (1)
4.5
no min
50
(4)
Community gardens
P
0
no min
no min
no max no min no min no min no min no max
(5)
Cultural institutions
P
4
225
6
no max
6
3 (1)
4.5
no min
50
(6)
Educational institutions
P
21
no min
no min
no max
6
3 (1)
4.5
no min no max
(7)
Federal, provincial and municipal buildings and uses,
excluding warehouses, storage yards, and solid and
liquid waste management or disposal facilities
P
0
no min
no min
no max
6
3 (1)
4.5
no min no max
(8)
Municipal facilities
P
0
no min
no min
no max no min no min no min no min no max
(9)
Parks and playgrounds
P
0
no min
no min
no max
6
3
4.5
no min no max
(10)
Places of worship
P
8
225
6
no max
6
3 (1)
4.5
no min
50
(11)
Public hospitals
P
6
no min
no min
no max
6
3 (1)
4.5
no min no max
City of North Battleford Zoning Bylaw
117
Table 6-8
CS - COMMUNITY SERVICE DISTRICT DEVELOPMENT STANDARDS
for City of North Battleford
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Maximum
Building Height
(m)
Minimum Front
Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Site
Coverage (%)
(12)
Public elementary and secondary schools
P
19(11)
20(12)
no min
no min
no max no min
3 (1)
4.5
no min no max
(13) Public works excluding warehouses, storage yards, and
solid and liquid waste management or disposal facilities
P
0
no min
no min
no max no min
no
min
no min no min no max
(14)
Public recreational facilities
P
5
no min
no min
no max no min
3 (1)
4.5
no min no max
(15)
Residential care facilities - type I
P
7
4.12.3
225
6
no max
6
3 (1)
4.5
no min
50
(16)
Residential care facilities - type II
D
7
4.12.3
225
6
no max
6
3 (1)
4.5
no min
50
(17)
Major telecommunication towers
D
0
3.10.4 (24)
4.28
no min
no min
no max no min no min no min no min no max
(18)
Minor telecommunication towers
P
0
4.28
no min
no min
14.9
no min no min no min no min no max
Use Designations:
(P) - Permitted Use
means a use or form of development allowed as of right in a zoning
district, subject to the regulations contained in this Bylaw.
(D) - Discretionary Use
A use or form of development specified in this Bylaw, which may be allowed following application to, and
approval of the Council; and which complies with the development standards laid out in Section 6.8.5 and
others as required by Council and/or contained in this Bylaw.
Special limitation and standards regarding Table 6-8 and the CS - Community Service District:
(1)
or ½ the building height, whichever is greater
City of North Battleford Zoning Bylaw
118
6.9 C1 - DOWNTOWN COMMERCIAL DISTRICT
6.9.1 Purpose
The objective of the C1 - Downtown Commercial District is to provide for
development in the form of a mix of downtown commercial uses, institutional uses,
government and professional offices, retail, entertainment, cultural, and residential
uses, public space, and other uses that are characteristic and supportive of high-
density, high-activity, safe, and pedestrian-oriented urban development that serves
as the centralized "hub" for the city.
6.9.2 Permitted and Discretionary Uses
Uses are listed and designated in Table 6-9.
6.9.3 Accessory Uses
Accessory buildings and uses shall be permitted subject to Section 4.8.
6.9.4 Standards and Regulations
Site and building requirements are shown in Table 6-9.
6.9.5 Standards for Discretionary Uses
Council will consider discretionary use applications in the C1 - Downtown
Commercial District with respect to Section 3.10.3 Discretionary Use - General
Evaluation Criteria and to Section 3.10.4 Discretionary Use - Specific Evaluation
Criteria and to additional evaluation criteria and development standards that
follows in this section.
6.9.6 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.
City of North Battleford Zoning Bylaw
119
Table 6-9
C1 - DOWNTOWN COMMERCIAL DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Designation
Parking
Category
Subject to
Sections
Development Standards
Minimum
Site Area
(m2)
Minimum
Site Width
(m)
Minimum
Front Yard
(m)
Minimum
Side Yard
(m)
Minimum
Rear Yard
(m)
Maximum
Site
Coverage
(%)
Residential Uses
(1)
Dwelling units in conjunction with and attached to any
other permitted use
D
1
3.10.4 (5)
3.10.4 (18)
no min
no min
no min
(1)
(2)
no max
(2)
Dwelling units above existing allowed uses
D
1
3.10.4 (18)
no min
no min
no min
(1)
(2)
no max
(3)
Multiple unit dwellings (including apartments)
D
2
3.10.4 (5)
4.12.13
225
7.5
no min
(3)
(2)
no max
(4)
Single detached dwelling
D
1
225
6
no min
1.5
3
no max
(5)
Secondary, Garden and Garage Suites
D
1
4.12.7
Refer to Section 4.12.7
Commercial Uses
(1)
Adult day care - type I
P
14
4.12.1
225
6
no min
(1)
(2)
no max
(2)
Adult day care - type II
D
14
4.12.1
225
6
no min
(1)
(2)
no max
(3)
Animal and pet care services, except boarding kennel
and veterinary clinic
P
0
4.12.16
225
6
no min
(1)
(2)
no max
(4)
Arcades
D
9
225
6
no min
(1)
(2)
no max
(5)
Art studio
P
0
225
6
no min
(1)
(2)
no max
(6)
Auto body shops
D
0
3.10.4(10)
225
6
no min
(1)
(2)
no max
(7)
Automotive and industrial supply store
P
0
225
6
no min
(1)
(2)
no max
(8)
Bakeries with retail sales
P
0
225
6
no min
(1)
(2)
no max
(9)
Bed and breakfast homes
D
3
4.12.2
225
6
no min
(1)
(2)
no max
(10)
Bingo halls
P
9
225
6
no min
(1)
(2)
no max
(11)
Bus terminal
D
0
3.10.4 (1)
4.12.6
225
6
no min
(1)
(2)
no max
(12)
Cannabis retail outlets
D
0
3.10.4(25)
225
6
no min
(1)
(2)
no max
(13)
Car washes
D
22
3.10.4 (1)
225
6
no min
(1)
(2)
no max
(14)
Clubs
P
0
225
6
no min
(1)
(2)
no max
(15)
Commercial recreation facilities, including rinks and
golf courses
P
4, 15
225
6
no min
(1)
(2)
no max
(16)
Convenience stores, with or without associated gas
bars
P
4
225
6
no min
(1)
(2)
no max
City of North Battleford Zoning Bylaw
120
Table 6-9
C1 - DOWNTOWN COMMERCIAL DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Designation
Parking
Category
Subject to
Sections
Development Standards
Minimum
Site Area
(m2)
Minimum
Site Width
(m)
Minimum
Front Yard
(m)
Minimum
Side Yard
(m)
Minimum
Rear Yard
(m)
Maximum
Site
Coverage
(%)
(17)
Dairy processing
P
0
no min
no min
no min
(1)
(2)
no max
(18)
Day care centres & preschools
P
16
4.12.4
225
6
no min
(1)
(2)
no max
(19)
Distilleries, wineries and breweries
P
0
225
no min
no min
(1)
(2)
no max
(20)
Farmers markets
P
0
no min
no min
no min
no min
no min
no max
(21)
Farm stands
P
0
no min
no min
no min
no min
no min
no max
(22)
Financial institutions, both major and minor
P
0
225
6
no min
(1)
(2)
no max
(23)
Funeral homes
P
0
225
6
no min
(1)
(2)
no max
(24)
Games of chance facilities, except bingo halls
D
5
225
6
no min
(1)
(2)
no max
(25)
Gas bars, with or without associated convenience
stores
D
0
4.12.6
4.12.8
225
6
no min
(1)
(2)
no max
(26)
Health care clinics
P
0
225
6
no min
(1)
(2)
no max
(27)
Home based businesses - Type I
P
0
4.11
Same as principal dwelling
(28)
Home based businesses - Type II
P
18
4.11
Same as principal dwelling
(29)
Hotels
P
10
225
6
no min
(1)
(2)
no max
(30)
Indoor storage rental facilities
D
12
3.10.4(13)
225
6
no min
(1)
(2)
no max
(31)
Laundromats
P
0
225
6
no min
(1)
(2)
no max
(32)
Lumber yards, home improvement centres and
building supply establishments
D
11
3.10.4(10)
225
6
no min
(1)
(2)
no max
(33)
Malls
D
5
3.10.4 (7)
225
6
no min
(1)
(2)
no max
(34)
Medical, dental and optical laboratories
P
0
225
6
no min
(1)
(2)
no max
(35)
Miniature golf courses
P
5
225
6
no min
(1)
(2)
no max
(36)
Motels
P
10
225
6
no min
(1)
(2)
no max
(37)
Night Club
D
0
3.10.4(6)
225
6
no min
(1)
(2)
no max
(38)
Nurseries, greenhouses and garden centres
P
4
225
6
no min
(1)
(2)
no max
(39)
Offices and office buildings, both major and minor
P
4
225
6
no min
(1)
(2)
no max
(40)
Parking lots
D
0
4.12.9
225
6
no min
(1)
(2)
no max
(41)
Personal care homes - Type I
P
6
225
6
no min
(1)
(2)
no max
(42)
Personal care homes - Type II
D
6
4.12.3
225
6
no min
(1)
(2)
no max
City of North Battleford Zoning Bylaw
121
Table 6-9
C1 - DOWNTOWN COMMERCIAL DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Designation
Parking
Category
Subject to
Sections
Development Standards
Minimum
Site Area
(m2)
Minimum
Site Width
(m)
Minimum
Front Yard
(m)
Minimum
Side Yard
(m)
Minimum
Rear Yard
(m)
Maximum
Site
Coverage
(%)
4.12.3
(43)
Personal service shops
P
0
225
6
no min
(1)
(2)
no max
(44)
Photography studios
P
0
225
6
no min
(1)
(2)
no max
(45)
Public garages
D
4
225
6
no min
(1)
(2)
no max
(46)
Printing plants and newspaper offices
P
0
225
6
no min
(1)
(2)
no max
(47)
Private schools
P
21
no min
no min
no min
(1)
(2)
no max
(48)
Private services homes
P
1
4.12.3
same as home
(49)
Radio and television stations
P
0
225
6
no min
(1)
(2)
no max
(50)
Repair services, restricted to the repair of household
goods and appliances
P
0
225
6
no min
(1)
(2)
no max
(51)
Rental stores
P
0
225
6
no min
(1)
(2)
no max
(52)
Residential care facilities - Type I
P
7
4.12.3
225
6
no min
(1)
(2)
no max
(53)
Residential care facilities - Type II
D
7
4.12.3
225
6
no min
(1)
(2)
no max
(54)
Restaurants, with or without associated lounges
P
0
4.12.15
225
6
no min
(1)
(2)
no max
(55)
Retail stores except second-hand stores, pawnshops,
and pawn brokers
P
0
225
6
no min
(1)
(2)
no max
(56)
Second hand and or Consignment stores
D
0
3.10.4(31)
4.12.20
225
6
no min
(1)
(2)
no max
(57)
Service stations
P
0
4.12.6
4.12.10
225
6
no min
(1)
(2)
no max
(58)
Shopping centres
D
4
3.10.4 (7)
225
6
no min
(1)
(2)
no max
(59)
Storage garages
P
12
225
6
no min
(1)
(2)
no max
(60)
Tavern
P
0
225
6
no min
(1)
(2)
no max
(61)
Theatres
P
0
225
6
no min
(1)
(2)
no max
(62)
Tourist information centres and booths
P
0
225
6
no min
(1)
(2)
no max
(63)
Veterinary clinics
P
4
225
6
no min
(1)
(2)
no max
Community Service, Government, Recreational, Institutional and Other Uses
(1)
Emergency and Protective Services
D
0
3.10.4 (8)
225
6
no min
(1)
(2)
no max
City of North Battleford Zoning Bylaw
122
Table 6-9
C1 - DOWNTOWN COMMERCIAL DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Designation
Parking
Category
Subject to
Sections
Development Standards
Minimum
Site Area
(m2)
Minimum
Site Width
(m)
Minimum
Front Yard
(m)
Minimum
Side Yard
(m)
Minimum
Rear Yard
(m)
Maximum
Site
Coverage
(%)
(2)
Community Centres
P
4
225
6
no min
(1)
(2)
no max
(3)
Community gardens
P
0
no min
no min
no min
no min
no min
no max
(4)
Cultural institutions
P
0
225
6
no min
(1)
(2)
no max
(5)
Educational Institutions
P
21
no min
no min
no min
(1)
(2)
no max
(6)
Major telecommunication towers
P
0
4.28
no min
no min
no min
no min
no min
no max
(7)
Minor telecommunication towers
P
0
4.28
no min
no min
no min
no min
no min
no max
(8)
Places of worship
P
8
225
6
no min
(1)
(2)
no max
(9)
Public hospitals
P
6
no min
no min
no min
no min
no min
no max
(10)
Public recreational facilities
P
4
no min
no min
no min
(1)
(2)
no max
(11)
Public Schools
P
19
no min
no min
no min
no min
no min
no max
(12)
Municipal facilities
P
0
no min
no min
no min
no min
no min
no max
(13)
Parks and playgrounds
P
0
no min
no min
no min
no min
no min
no max
(14)
Public works, excluding warehouses, storage yards,
and solid and liquid waste management or disposal
facilities
P
0
no min
no min
no min
no min
no min
no max
Use Designations:
(P) - Permitted Use
(D) - Discretionary Use
Means a use or form of development allowed as of right in a zoning
district, subject to the regulations contained in this Bylaw.
A use or form of development specified in this Bylaw, which may
be allowed following application to, and approval of the Council;
and which complies with the development standards laid out in
Section 6.9.5 and others as required by Council and/or contained
in this Bylaw.
Special limitation and standards regarding Table 6-9 and the C1 - Downtown Commercial District:
(1) where the side line of a site in any C1 - Downtown Commercial District abuts any Residential District without an intervening street or lane: 1.5
metres; otherwise, no requirements
(2) where the rear line of a site in any C1 - Downtown Commercial District abuts any Residential District without an intervening street or lane: 3
metres; otherwise, no requirements
City of North Battleford Zoning Bylaw
123
(3) for one-storey multiple unit dwellings, the minimum side yard requirement shall be 1.2 metres, unless dwelling is on a corner site, in which case
the minimum side yard requirement shall be 3 metres for the side flanking the street; for multiple unit dwellings that are two (2) storeys or
higher, the minimum side yard requirements shall be ½ of the building height, to a maximum of six (6) metres
City of North Battleford Zoning Bylaw
124
6.10 C2 - NEIGHBOURHOOD COMMERCIAL DISTRICT
6.10.1 Purpose
The objective of the C2 - Neighbourhood Commercial District is to provide for
development in the form of commercial facilities and other compatible uses in a
manner and at a scale compatible with the needs and the character of residential
neighbourhoods.
6.10.2 Permitted and Discretionary Uses
Uses are listed and designated in Table 6-10.
6.10.3 Accessory Uses
Accessory buildings and uses shall be permitted subject to Section 4.8.
6.10.4 Standards and Regulations
(1)
Site and building requirements are shown in Table 6-10.
(2)
The regulations governing landscaping for the C2 - Neighbourhood
Commercial District are contained within Section 4.24 of this Bylaw.
6.10.5 Standards for Discretionary Uses
Council will consider discretionary use applications in the C2 - Neighbourhood
Commercial District with respect to Section 3.10.3 Discretionary Use - General
Evaluation Criteria and to Section 3.10.4 Discretionary Use - Specific Evaluation
Criteria and to additional evaluation criteria and development standards that
follows in this section.
6.10.6 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.
City of North Battleford Zoning Bylaw
125
Table 6-10
C2 - NEIGHBOUROOD COMMERCIAL DISTRICT DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Site
Coverage (%)
Residential Uses
(1)
Dwelling units accessory to permitted uses and integrated
as part of principal buildings
D
1
3.10.4 (5)
3.10.4 (18)
4.12.13
(1)
(1)
(1)
(1)
(1)
(1)
(1)
Commercial Uses
(1)
Bakeries with retail sales
P
5
225
6
no min
(2)
(3)
no min
no max
(2)
Clubs
P
5
225
6
no min
(2)
(3)
no min
no max
(3)
Commercial recreation facilities, excluding rinks and golf
courses
D
5
3.10.4(3)
225
6
no min
(2)
(3)
no min
no max
(4)
Convenience stores, without associated gas bars
P
5
225
6
no min
(2)
(3)
no min
no max
(5)
Convenience stores, with associated gas bars
D
225
6
no min
(2)
(3)
no min
no max
(6)
Daycare centres and preschools
P
16
4.12.4
225
6
no min
(2)
(3)
no min
no max
(7)
Dairy processing
P
5
225
6
no min
(2)
(3)
no min
no max
(8)
Distilleries, wineries and breweries
D
5
225
6
no min
(2)
(3)
no min
no max
(9)
Farmers' markets
P
0
no min
no min
no min
no min
no min
no min
no max
(10)
Farm stands
P
0
no min
no min
no min
no min
no min
no min
no max
(11)
Gas bars, with or without associated convenience stores
D
5
4.12.6
4.12.8
225
6
no min
(2)
(3)
no min
no max
(12)
Healthcare centres
P
5
225
6
no min
(2)
(3)
no min
no max
(13)
Laundromats
D
5
3.10.4(15)
225
6
no min
(2)
(3)
no min
no max
(14)
Medical, dental and optical laboratories
P
5
225
6
no min
(2)
(3)
no min
no max
(15)
Offices and office buildings, minor
P
5
225
6
no min
(2)
(3)
no min
no max
(16)
Parking lots
D
0
4.12.9
no min
no min
no min
(2)
(3)
no min
no min
(17)
Personal Service Shops
P
5
225
6
No min
(2)
(3)
No min
No max
(18)
Photographer studios
P
5
225
6
no min
(2)
(3)
no min
no max
(19)
Repair services, restricted to the repair of household goods
and appliances
P
5
225
6
no min
(2)
(3)
no min
no max
(20)
Restaurants, without associated lounges
D
9
3.10.4(6)
225
6
no min
(2)
(3)
no min
no max
City of North Battleford Zoning Bylaw
126
Table 6-10
C2 - NEIGHBOUROOD COMMERCIAL DISTRICT DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Site
Coverage (%)
(21)
Retail stores except second-hand stores and pawnshops
D
5
225
6
no min
(2)
(3)
no min
no max
(22)
Taverns
D
9
3.10.4(6)
225
6
no min
(2)
(3)
no min
no max
(23)
Veterinary clinics
D
5
225
6
no min
(2)
(3)
no min
no max
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Emergency and protective services
D
5
3.10.4 (8)
225
6
6
(2)
(3)
no min
no max
(2)
Municipal facilities
P
0
no min
no min
no min
no min
no min
no min
no max
(3)
Parks and playgrounds
P
0
no min
no min
no min
no min
3
no min
no max
(4)
Places of worship
P
8
225
6
no min
(2)
(3)
no min
no max
(5)
Public works, excluding warehouses, storage yards, and
solid and liquid waste management or disposal facilities
P
0
no min
no min
no min
no min
no min
no min
no max
(6)
Major telecommunication towers
D
0
3.10.4 (24)
4.28
no min
no min
no min
no min
no min
no min
no max
(7)
Minor telecommunication towers
P
0
4.28
no min
no min
no min
no min
no min
no min
no max
(8)
Community gardens
P
0
no min
no min
no min
no min
no min
no min
no max
Use Designations:
(P) - Permitted Use
means a use or form of development allowed as of right in a zoning
district, subject to the regulations contained in this Bylaw.
(D) - Discretionary Use
A use or form of development specified in this Bylaw, which may be allowed following application to, and
approval of the Council; and which complies with the development standards laid out in Section 6.10.5 and
others as required by Council and/or contained in this Bylaw.
Special limitation and standards regarding Table 6-10 and the C2 - Neighbourhood Commercial District:
(1)
the development standards of dwelling units are equivalent to the development standards of the permitted use that the dwelling unit is built in conjunction with
(2)
where the side line of a site in any C2 - Neighbourhood Commercial District abuts any Residential District without an intervening street or lane: 1.5 metres; otherwise, no
requirements
(3)
where the rear line of a site in any C2 - Neighbourhood Commercial District abuts any Residential District without an intervening street or lane: 4.5 metres; otherwise, no
requirements
City of North Battleford Zoning Bylaw
127
6.11 C3 - ARTERIAL COMMERCIAL DISTRICT
6.11.1 Purpose
The objective of the C3 - Arterial Commercial District is to provide for
development in the form of a range of arterial commercial and other compatible
uses.
6.11.2 Permitted and Discretionary Uses
Uses are listed and designated in Table 6-11.
6.11.3 Accessory Uses
Accessory buildings and uses shall be permitted subject to Section 4.8.
6.11.4 Standards and Regulations
(1)
Site and building requirements are shown in Table 6-11.
(2)
The regulations governing landscaping for the C3 - Arterial Commercial
District are contained within Section 4.24 of this Bylaw.
6.11.5 Standards for Discretionary Uses
Council will consider discretionary use applications in the C3 - Arterial
Commercial District with respect to Section 3.10.3 Discretionary Use - General
Evaluation Criteria and to Section 3.10.4 Discretionary Use - Specific Evaluation
Criteria and to additional evaluation criteria and development standards that
follows in this section.
6.11.6 Exceptions to Development Standards
(1)
Sites fronting on 100th Street between 14th Avenue and Territorial Drive
shall have a minimum side yard requirement of 0.
(2)
Sites fronting on 100th Street between 14th Avenue and Territorial Drive
shall have a minimum rear yard requirement of 0.
(3)
Sites fronting on 100th Street between 14th Avenue and 20th Avenue and 101st Street
between 17th Avenue and 20th Avenue may have any setback reduced to zero to
match or be more consistent with existing developed building lines subject to
Council's discretion.
City of North Battleford Zoning Bylaw
128
Table 6-11
C3 - ARTERIAL COMMERCIAL DISTRICT DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Designation
Parking
Category
Subject to
Sections
Development Standards
Minimum
Site Area
(m2)
Minimum
Site Width
(m)
Minimum
Site Depth
(m)
Minimum
Front Yard
(m)
Minimum
Side Yard
(m)
Maximum
Rear Yard
(m)
Residential Uses
(1)
Dwelling units accessory to permitted uses and
integrated as part of principal buildings
D
1
3.10.4(5)
3.10.4(18)
(1)
(1)
(1)
(1)
(1)
(1)
(2)
Multiple unit dwellings (apartments)
D
2
3.10.4(5)
4.12.13
550
7
37
6
(3)
(2)
Commercial Uses
(1)
Animal and pet care services, except boarding
kennels and veterinary clinics
P
5
4.12.16
600
7.2
37
6
3
(2)
(2)
Auto body shops
D
5
3.10.4(10)
600
7.2
37
6
3
(2)
(3)
Automobiles, marine, recreational vehicle and
equipment, agricultural equipment and mobile home
sales and service establishments
P
5
4.12.6
600
7.2
37
6
3
(2)
(4)
Automotive and industrial supply stores
P
5
600
7.2
37
6
3
(2)
(5)
Bingo halls
D
9
600
7.2
37
6
3
(2)
(6)
Bulk fuel dealers
D
5
3.10.4(21)
4.12.6
600
7.2
37
6
3
(2)
(7)
Bus terminals
P
5
4.12.6
4.12.8
600
7.2
37
6
3
(2)
(8)
Cannabis retail outlets
D
5
3.10.4(25)
600
7.2
37
6
3
(2)
(9)
Car washes
P
22
600
7.2
37
6
3
(2)
(10)
Clubs
P
5
600
7.2
37
6
3
(2)
(11)
Commercial recreational facilities
P
4, 15
600
7.2
37
6
3
(2)
(12)
Convenience stores, with or without associated gas
bars
P
5
4.12.6
4.12.8
600
7.2
37
6
3
(2)
(13)
Crematoriums accessory to funeral homes
D
17
3.10.4(27)
600
7.2
37
6
3
(2)
(14)
Dairy processing
P
5
600
7.2
37
6
3
(2)
(15)
Daycare centres and preschools
D
16
4.12.4
600
7.2
37
6
3
(2)
(16)
Distilleries, wineries and breweries
P
5
600
7.2
37
6
3
(2)
(17)
Drive-in theatres
P
5
600
7.2
37
6
3
(2)
City of North Battleford Zoning Bylaw
129
Table 6-11
C3 - ARTERIAL COMMERCIAL DISTRICT DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Designation
Parking
Category
Subject to
Sections
Development Standards
Minimum
Site Area
(m2)
Minimum
Site Width
(m)
Minimum
Site Depth
(m)
Minimum
Front Yard
(m)
Minimum
Side Yard
(m)
Maximum
Rear Yard
(m)
(18)
Farmers markets
P
5
600
7.2
37
6
3
(2)
(19)
Farm stands
P
0
no min
no min
no min
no min
no min
no min
(20)
Financial Institutions, both major and minor
P
5
600
7.2
37
6
3
(2)
(21)
Freight handling facilities
D
5
3.10.4(11)
600
7.2
37
6
3
(2)
(22)
Funeral homes
P
17
600
7.2
37
6
3
(2)
(23)
Games of chance facilities, except bingo halls
D
5
600
7.2
37
6
3
(2)
(24)
Gas bars, with or without associated convenience
stores
P
4
4.12.6
4.12.8
600
7.2
37
6
3
(2)
(25)
Health care clinics
P
5
600
7.2
37
6
3
(2)
(26)
Hotels
P
10
600
7.2
37
6
3
(2)
(27)
Indoor storage rental facilities
D
12
3.10.4(13)
600
7.2
37
6
3
(2)
(28)
Malls
D
5
3.10.4 (7)
600
7.2
37
6
3
(2)
(29)
Miniature golf courses
P
5
600
7.2
37
6
3
(2)
(30)
Motels
P
10
1600
7.2
37
7.5
3
(2)
(31)
Night clubs
D
5
3.10.4 (6)
600
7.2
37
6
3
(2)
(32)
Nurseries, greenhouses and garden centres
P
4
600
7.2
37
6
3
(2)
(33)
Offices and office buildings, both major and minor
P
5
600
10
42.5
6
3
(2)
(34)
Parking lots
P
0
no min
no min
37
6
3
(2)
(35)
Pawnshops and Pawn Brokers
D
5
3.10.4(29)
4.12.18
600
7.2
37
6
3
(2)
(36)
Personal service shops
P
5
600
7.2
37
6
3
(2)
(37)
Public garages
P
4
600
7.2
37
6
3
(2)
(38)
Rental stores
P
4
600
7.2
37
6
3
(2)
(39)
Repair services, restricted to the repair of
household goods and appliances
P
5
600
7.2
37
6
3
(2)
(40)
Restaurants, with associated lounges
D
9
3.10.4(9)
4.12.15
600
7.2
37
6
3
(2)
(41)
Restaurants, without associated lounges
P
9
4.12.15
600
7.2
37
6
3
(2)
City of North Battleford Zoning Bylaw
130
Table 6-11
C3 - ARTERIAL COMMERCIAL DISTRICT DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Designation
Parking
Category
Subject to
Sections
Development Standards
Minimum
Site Area
(m2)
Minimum
Site Width
(m)
Minimum
Site Depth
(m)
Minimum
Front Yard
(m)
Minimum
Side Yard
(m)
Maximum
Rear Yard
(m)
(42)
Retail stores
P
5
600
7.2
37
6
3
(2)
(43)
Second hand and or Consignment stores
D
5
3.10.4(31)
4.12.20
600
7.2
37
6
3
(2)
(44)
Service stations
P
11
4.12.6
4.12.10
600
7.2
37
6
3
(2)
(45)
Storage garages
P
12
600
7.2
37
6
3
(2)
(46)
Taverns
D
9
3.10.4(6)
600
7.2
37
6
3
(2)
(47)
Theatres
D
17
600
10
42.5
6
3
(2)
(48)
Tourist campgrounds
D
5
3.10.4(14)
600
7.2
37
6
3
(2)
(49)
Tourist information centres and booths
P
5
600
7.2
37
6
3
(2)
(50)
Veterinary clinics
P
5
600
7.2
37
6
3
(2)
Community Service, Government, Recreational, Institutional and Other Uses
(1)
Emergency and Protective Services
D
5
3.10.4(8)
600
7.2
37
6
3
(2)
(2)
Community gardens
P
0
no min
no min
no min
no min
no min
no min
(3)
Major telecommunication towers
P
0
4.28
no min
no min
no min
no min
no min
no min
(4)
Minor telecommunication towers
P
0
4.28
no min
no min
no min
no min
no min
no min
(5)
Municipal facilities
P
0
no min
no min
37
no min
no min
no min
(6)
Parks and playgrounds
P
0
no min
no min
37
no min
no min
no min
(7)
Places of worship
D
8
3.10.4(3)
600
7.2
37
6
3
(2)
(8)
Public works, excluding warehouses, storage yards,
and solid and liquid waste management or disposal
facilities
P
0
no min
no min
37
no min
no min
no min
(9)
Public recreational facilities
P
5
no min
no min
37
no min
no min
no min
City of North Battleford Zoning Bylaw
131
Use Designations:
(P) - Permitted Use
(D) - Discretionary Use
Means a use or form of development allowed as of right in a
zoning district, subject to the regulations contained in this Bylaw.
A use or form of development specified in this Bylaw, which may
be allowed following application to, and approval of the Council;
and which complies with the development standards laid out in
Section 6.11.5 and others as required by Council and/or
contained in this Bylaw.
Special limitation and standards regarding Table 6-11 and the C3 - ARTERIAL COMMERCIAL DISTRICT:
(1) the development standards of dwelling units are equivalent to the development standards of the permitted use that the dwelling unit is built
in conjunction with
(2) 10% of the site depth
(3) for one-storey multiple unit dwellings, the minimum side yard requirement shall be 1.8 metres. Except when the dwelling is on a corner site,
the minimum side yard requirement shall be 3 metres for the side flanking the street. For multiple unit dwellings that are two (2) or three (3)
storeys, the minimum side yard requirements shall be 3 metres; for multiple unit dwellings that are four (4) storeys or higher, the minimum
side yard requirement shall be ½ of the building height, to a maximum of six (6) metres.
City of North Battleford Zoning Bylaw
132
6.12 C3A - LARGE LOT ARTERIAL COMMERCIAL DISTRICT
6.12.1 Purpose
The objective of the C3A - Large Lot Arterial Commercial District is to provide
for development in the form of a range of arterial commercial and other compatible
uses.
6.12.2 Permitted and Discretionary Uses
Uses are listed and designated in Table 6-12.
6.12.3 Accessory Uses
Accessory buildings and uses shall be permitted subject to Section 4.8.
6.12.4 Standards and Regulations
(1)
Site and building requirements are shown in Table 6-12.
(2)
The regulations governing landscaping for the C3A - Large Lot Arterial
Commercial District are contained within Section 4.24 of this Bylaw.
6.12.5 Standards for Discretionary Uses
Council will consider discretionary use applications in the C3A - Large Lot
Arterial Commercial District with respect to Section 3.10.3 Discretionary Use -
General Evaluation Criteria and to Section 3.10.4 Discretionary Use - Specific
Evaluation Criteria and to additional evaluation criteria and development standards
that follows in this section.
6.12.6 Exceptions to Development Standards
City of North Battleford Zoning Bylaw
133
Table 6-12
C3A - LARGE LOT ARTERIAL COMMERCIAL DISTRICT DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Designation
Parking
Category
Subject to
Sections
Development Standards
Minimum
Site Area
(m2)
Minimum
Site Width
(m)
Minimum
Site Depth
(m)
Minimum
Front Yard
(m)
Minimum
Side Yard
(m)
Maximum
Rear Yard
(m)
Residential Uses
(1)
Dwelling units accessory to permitted uses and
integrated as part of principal buildings
D
1
3.10.4(5)
3.10.4(18)
(1)
(1)
(1)
(1)
(1)
(1)
(2)
Multiple unit dwellings (apartments)
D
2
3.10.4(5)
4.12.13
1200
20
37.9
6
(5)
(2)
Commercial Uses
(1)
Animal and pet care services, except boarding
kennels and veterinary clinics
P
5
4.12.16
1200
20
37.9
6
3
(2)
(2)
Auto body shops
D
5
3.10.4(10)
1200
20
37.9
6
3
(2)
(3)
Automobiles, marine, recreational vehicle and
equipment, agricultural equipment and mobile home
sales and service establishments
P
5
4.12.6
1200
20
37.9
6
3
(2)
(4)
Automotive and industrial supply stores
P
5
1200
20
37.9
6
3
(2)
(5)
Bingo halls
P
9
1200
20
37.9
6
3
(2)
(6)
Bulk fuel dealers
D
5
3.10.4(21)
4.12.6
1200
20
37.9
6
3
(2)
(7)
Bus terminals
P
5
4.12.6
4.12.8
1200
20
37.9
6
3
(2)
(8)
Cannabis retail outlets
D
5
3.10.4(25)
1200
20
37.9
6
3
(2)
(9)
Car washes
P
22
1200
20
37.9
6
3
(2)
(10)
Clubs
P
5
1200
20
37.9
6
3
(2)
(11)
Commercial recreational facilities
P
4, 15
1200
20
37.9
6
3
(2)
(12)
Convenience stores, with or without associated gas
bars
P
5
4.12.6
4.12.8
1200
20
37.9
6
3
(2)
(13)
Crematorium
D
5
3.10.4(27)
1200
20
37.9
6
3
(2)
(14)
Dairy processing
P
5
1200
20
37.9
6
3
(2)
(15)
Distilleries, wineries and breweries
P
5
1200
20
37.9
6
3
(2)
(16)
Drive-in theatres
P
5
1200
20
37.9
6
3
(2)
(17)
Farmers markets
P
5
1200
20
37.9
6
3
(2)
City of North Battleford Zoning Bylaw
134
Table 6-12
C3A - LARGE LOT ARTERIAL COMMERCIAL DISTRICT DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Designation
Parking
Category
Subject to
Sections
Development Standards
Minimum
Site Area
(m2)
Minimum
Site Width
(m)
Minimum
Site Depth
(m)
Minimum
Front Yard
(m)
Minimum
Side Yard
(m)
Maximum
Rear Yard
(m)
(18)
Farm stands
P
0
no min
no min
no min
no min
no min
no min
(19)
Financial Institutions
P
5
1200
20
37.9
6
3
(2)
(20)
Freight handling facilities
D
5
3.10.4(11)
1200
20
37.9
6
3
(2)
(21)
Funeral homes
P
17
1200
20
37.9
6
3
(2)
(22)
Games of chance facilities
D
5
1200
20
37.9
6
3
(2)
(23)
Gas bars, with or without associated convenience
stores
P
4
4.12.6
4.12.8
1200
20
37.9
6
3
(2)
(24)
General Industrial Uses - Light
D
4
4.12.14
1200 (3)
20
37.9
6
3 (4)
(2)
(25)
Health care clinics
P
5
1200
20
37.9
6
3
(2)
(26)
Hotels
P
10
1200
20
37.9
6
3
(2)
(27)
Indoor storage rental facilities
D
12
3.10.4(13)
1200
20
37.9
6
3
(2)
(28)
Malls
D
5
3.10.4 (7)
1200
20
37.9
6
3
(2)
(29)
Miniature golf courses
P
5
1200
20
37.9
6
3
(2)
(30)
Motels
P
10
1600
20
37.9
7.5
3
(2)
(31)
Night clubs
D
5
3.10.4 (6)
1200
20
37.9
6
3
(2)
(32)
Nurseries, greenhouses and garden centres
P
4
1200
20
37.9
6
3
(2)
(33)
Offices and office buildings, both major and minor
P
5
1200
20
37.9
6
3
(2)
(34)
Parking lots
P
0
no min
no min
37.9
6
3
(2)
(35)
Pawnshops and Pawn Brokers
D
5
3.10.4(29)
4.12.18
600
7.2
37
6
3
(2)
(36)
Personal service shops
P
5
1200
20
37.9
6
3
(2)
(37)
Public garages
P
4
1200
20
37.9
6
3
(2)
(38)
Rental stores
P
4
1200
20
37.9
6
3
(2)
(39)
Repair services, restricted to the repair of household
goods and appliances
P
5
1200
20
37.9
6
3
(2)
(40)
Restaurants, with associated lounges
D
9
3.10.4(9)
4.12.15
1200
20
37.9
6
3
(2)
(41)
Restaurants, without associated lounges
P
9
4.12.15
1200
20
37.9
6
3
(2)
City of North Battleford Zoning Bylaw
135
Table 6-12
C3A - LARGE LOT ARTERIAL COMMERCIAL DISTRICT DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Designation
Parking
Category
Subject to
Sections
Development Standards
Minimum
Site Area
(m2)
Minimum
Site Width
(m)
Minimum
Site Depth
(m)
Minimum
Front Yard
(m)
Minimum
Side Yard
(m)
Maximum
Rear Yard
(m)
(42)
Retail stores
P
5
1200
20
37.9
6
3
(2)
(43)
Second hand and or Consignment stores
D
5
3.10.4(31)
4.12.20
1200
20
37.9
6
3
(2)
(44)
Service stations
P
11
4.12.6
4.12.10
1200
20
37.9
6
3
(2)
(45)
Storage garages
P
12
1200
20
37.9
6
3
(2)
(46)
Taverns
D
9
3.10.4(6)
1200
20
37.9
6
3
(2)
(47)
Theatres
D
17
1200
20
37.9
6
3
(2)
(48)
Tourist campgrounds
D
5
3.10.4(14)
1200
20
37.9
6
3
(2)
(49)
Tourist information centres and booths
P
5
1200
20
37.9
6
3
(2)
(50)
Veterinary clinics
P
5
1200
20
37.9
6
3
(2)
Community Service, Government, Recreational, Institutional and Other Uses
(1)
Emergency and Protective Services
D
5
3.10.4(8)
1200
20
60
6
3
(2)
(2)
Community gardens
P
0
no min
no min
no min
no min
no min
no min
(3)
Major telecommunication towers
P
0
4.28
no min
no min
no min
no min
no min
no min
(4)
Minor telecommunication towers
P
0
4.28
no min
no min
no min
no min
no min
no min
(5)
Municipal facilities
P
0
no min
no min
60
no min
no min
no min
(6)
Parks and playgrounds
P
0
no min
no min
60
no min
no min
no min
(7)
Places of worship
D
8
3.10.4(3)
1200
20
60
6
3
(2)
(8)
Public works, excluding warehouses, storage yards,
and solid and liquid waste management or disposal
facilities
P
0
no min
no min
60
no min
no min
no min
(9)
Public recreational facilities
P
5
no min
no min
60
no min
no min
no min
City of North Battleford Zoning Bylaw
136
Use Designations:
(P) - Permitted Use
(D) - Discretionary Use
Means a use or form of development allowed as of right in a zoning
district, subject to the regulations contained in this Bylaw.
A use or form of development specified in this Bylaw, which may
be allowed following application to, and approval of the Council;
and which complies with the development standards laid out in
Section 6.12.5 and others as required by Council and/or contained
in this Bylaw.
Special limitation and standards regarding Table 6.12 and the C3A - Large Lot Arterial Commercial District:
(1) the development standards of dwelling units are equivalent to the development standards of the permitted use that the dwelling unit is
built in conjunction with
(2) 10% of the site depth
(3) the maximum allowable site area shall be 15,000 square metres (3.71 acres)
(4) except in the case of corner sites, in which case 4.5 metres is required on the side abutting the flanking street
(5) for one-storey multiple unit dwellings, the minimum side yard requirement shall be 1.8 metres. Except when the dwelling is on a corner
site, the minimum side yard requirement shall be 3 metres for the side flanking the street. For multiple unit dwellings that are two (2) or
three (3) storeys, the minimum side yard requirements shall be 3 metres; for multiple unit dwellings that are four (4) storeys or higher, the
minimum side yard requirement shall be ½ of the building height, to a maximum of six (6) metres.
City of North Battleford Zoning Bylaw
137
6.13 C4 - REGIONAL COMMERCIAL DISTRICT
6.13.1 Purpose
The objective of the C4 - Regional Commercial District is to provide for
development in the form of retail outlets, commercial establishments, offices and
other compatible uses developed on a single location.
6.13.2 Permitted and Discretionary Uses
Uses are listed and designated in Table 6-13.
6.13.3 Accessory Uses
Accessory buildings and uses shall be permitted subject to Section 4.8.
6.13.4 Standards and Regulations
(1)
Site and building requirements are shown in Table 6-13.
(2)
The regulations governing landscaping for the C4 - Regional Commercial
District are contained within Section 4.24 of this Bylaw. These landscaping
regulations shall not apply to public works.
6.13.5 Standards for Discretionary Uses
Council will consider discretionary use applications in the C4 - Regional
Commercial District with respect to Section 3.10.3 Discretionary Use - General
Evaluation Criteria and to Section 3.10.4 Discretionary Use - Specific Evaluation
Criteria and to additional evaluation criteria and development standards that
follows in this section.
6.13.6 Exceptions to Development Standards
City of North Battleford Zoning Bylaw
138
Table 6-13
C4 - REGIONAL COMMERCIAL DISTRICT DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Designation
Parking
Category
Subject to
Sections
Development Standards
Minimum
Site Area
(m2)
Minimum
Site Width
(m)
Minimum
Front Yard
(m)
Minimum
Side Yard
(m)
Minimum
Rear Yard
(m)
Maximum
Site
Coverage
(%)
Residential Uses
(1)
Multiple unit dwellings (apartments)
D
2
3.10.4(5)
4.12.13
550
6
7.5
(2)
6
no max
Commercial Uses
(1)
Animal and pet care services, except boarding
kennels and veterinary clinics
P
5
4.12.16
225
6
no min
3
(1)
no max
(2)
Auto body shops
D
5
3.10.4(10)
225
6
7.5
3
(1)
no max
(3)
Automotive and industrial supply stores
P
5
225
6
no min
3
(1)
no max
(4)
Bakeries with retail sales
P
5
225
6
no min
3
(1)
no max
(5)
Bingo halls
D
9
225
6
no min
3
(1)
no max
(6)
Bus terminals
P
5
4.12.6
4.12.8
225
6
no min
3
(1)
no max
(7)
Cannabis retail outlets
D
5
3.10.4(25)
225
6
no min
3
(1)
no max
(8)
Carwashes
P
22
225
6
7.5
3
(1)
no max
(9)
Clubs
P
5
225
6
no min
3
(1)
no max
(10)
Commercial recreation facilities, excluding golf
courses
P
4, 15
225
6
no min
3
(1)
no max
(11)
Convenience stores, with or without associated gas
bars
P
5
225
6
no min
3
(1)
no max
(12)
Dairy processing
P
5
225
6
no min
3
(1)
no max
(13)
Daycare centres and preschools
D
16
4.12.4
225
6
no min
3
(1)
no max
(14)
Distilleries, wineries and breweries
P
5
225
6
no min
3
(1)
no max
(15)
Farmers markets
P
5
225
6
no min
3
(1)
no max
(16)
Farm stands
P
0
no min
no min
no min
no min
no min
no max
(17)
Financial institutions, both major and minor
P
5
225
6
no min
3
(1)
no max
(18)
Funeral homes
P
5
225
6
no min
3
(1)
no max
(19)
Games of chance facilities
D
5
225
6
no min
3
(1)
no max
(20)
Gas bars, with or without associated convenience
stores
P
5
4.12.6
4.12.8
225
6
7.5
3
(1)
no max
(21)
Health care clinics
P
5
225
6
no min
3
(1)
no max
City of North Battleford Zoning Bylaw
139
Table 6-13
C4 - REGIONAL COMMERCIAL DISTRICT DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Designation
Parking
Category
Subject to
Sections
Development Standards
Minimum
Site Area
(m2)
Minimum
Site Width
(m)
Minimum
Front Yard
(m)
Minimum
Side Yard
(m)
Minimum
Rear Yard
(m)
Maximum
Site
Coverage
(%)
(22)
Hotels
P
10
225
6
no min
3
(1)
no max
(23)
Indoor storage rental facilities
D
12
3.10.4(13)
225
6
7.5
3
(1)
no max
(24)
Lumber yards, home improvement centres and
building supply establishments
D
11
3.10.4 (10)
225
6
no min
3
(1)
no max
(25)
Malls
D
5
3.10.4 (7)
225
6
7.5
3
(1)
no max
(26)
Medical, dental and optical laboratories
P
5
225
6
no min
3
(1)
no max
(27)
Miniature golf courses
P
5
225
6
no min
3
(1)
no max
(28)
Motels
P
10
225
6
no min
3
(1)
no max
(29)
Night clubs
D
5
3.10.4(6)
225
6
no min
3
(1)
no max
(30)
Nurseries, greenhouses and garden centres
P
4
225
6
no min
3
(1)
no max
(31)
Offices and office buildings, both major and minor
P
5
225
6
no min
3
(1)
no max
(32)
Parking lots
P
0
4.12.9
225
6
no min
3
(1)
no max
(33)
Pawnshops and Pawn Brokers
D
5
3.10.4(29)
4.12.18
225
6
no min
3
(1)
no max
(34)
Personal service shops
P
5
225
6
no min
3
(1)
no max
(35)
Photography studios
P
5
225
6
no min
3
(1)
no max
(36)
Public garages
P
4
225
6
no min
3
(1)
no max
(37)
Rental stores
P
4
225
6
no min
3
(1)
no max
(38)
Repair services
P
5
225
6
no min
3
(1)
no max
(39)
Restaurants, with or without associated lounges
P
9
4.12.15
225
6
no min
3
(1)
no max
(40)
Retail stores except second-hand stores,
pawnshops, and pawn brokers
P
5
225
6
no min
3
(1)
no max
(41)
Second hand and Consignment stores
D
5
3.10.4(31)
4.12.20
225
6
no min
3
(1)
no max
(42)
Service stations
P
11
4.12.6
4.12.10
225
6
7.5
3
(1)
no max
(43)
Shopping centres
D
5
3.10.4 (7)
225
6
7.5
3
(1)
no max
(44)
Storage garages
P
12
225
6
no min
3
(1)
no max
(45)
Taverns
D
9
3.10.4(6)
225
6
no min
3
(1)
no max
City of North Battleford Zoning Bylaw
140
Table 6-13
C4 - REGIONAL COMMERCIAL DISTRICT DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Designation
Parking
Category
Subject to
Sections
Development Standards
Minimum
Site Area
(m2)
Minimum
Site Width
(m)
Minimum
Front Yard
(m)
Minimum
Side Yard
(m)
Minimum
Rear Yard
(m)
Maximum
Site
Coverage
(%)
(46)
Tourist information centres and booths
P
5
225
6
no min
3
(1)
no max
(47)
Theatres
D
17
225
6
no min
3
(1)
no max
Community Service, Government, Recreational, Institutional and Other Uses
(1)
Community gardens
P
0
no min
no min
no min
no min
no min
no max
(2)
Major telecommunication towers
P
0
4.28
no min
no min
no min
no min
no min
no max
(3)
Minor telecommunication towers
P
0
4.28
no min
no min
no min
no min
no min
no max
(4)
Municipal facilities
P
0
no min
no min
no min
no min
no min
no max
(5)
Parks and playgrounds
P
0
no min
no min
no min
no min
3
no max
(6)
Places of Worship
D
8
3.10.4(3)
600
7.2
37
6
3
(2)
(7)
Public works, excluding warehouses, storage yards,
and solid and liquid waste management or disposal
facilities
P
0
no min
no min
no min
no min
no min
no max
Use Designations:
(P) - Permitted Use
(D) - Discretionary Use
Means a use or form of development allowed as of right in a
zoning district, subject to the regulations contained in this Bylaw.
A use or form of development specified in this Bylaw, which may be
allowed following application to, and approval of the Council; and
which complies with the development standards laid out in Section
6.13.5 and others as required by Council and/or contained in this
Bylaw.
Special limitation and standards regarding Table 6.13 and the C4 - Regional Commercial District:
(1) 10% of the site depth
(2) for one-storey multiple unit dwellings, the minimum side yard requirement shall be 1.8 metres. Except when the dwelling is on a corner site,
the minimum side yard requirement shall be 3 metres for the side flanking the street. For multiple unit dwellings that are two (2) or three (3)
storeys, the minimum side yard requirements shall be 3 metres; for multiple unit dwellings that are four (4) storeys or higher, the minimum
side yard requirement shall be ½ of the building height, to a maximum of six (6) metres.
City of North Battleford Zoning Bylaw
141
6.14 MU - MIXED USE DISTRICT
6.14.1 Purpose
The objective of the MU - Mixed Use District is to provide for a mix of land uses,
including higher density residential uses, a range of downtown commercial uses,
and other compatible uses, proximal to the downtown area or other community
centre.
6.14.2 Permitted and Discretionary Uses
Uses are listed and designated in Table 6-13.
6.14.3 Accessory Uses
Accessory buildings and uses shall be permitted subject to Section 4.8.
6.14.4 Standards and Regulations
(1)
Site and building requirements are shown in Table 6-13.
(2)
The regulations governing landscaping for the MU - Mixed Use District are
contained within Section 4.24 of this Bylaw. These landscaping regulations
shall not apply to public works, residential uses, or uses ancillary to a
residential use.
6.14.5 Standards for Discretionary Uses
Council will consider discretionary use applications in the MU - Mixed Use District
with respect to Section 3.10.3 Discretionary Use - General Evaluation Criteria and
to Section 3.10.4 Discretionary Use - Specific Evaluation Criteria and to additional
evaluation criteria and development standards that follows in this section.
(1)
Discretionary residential uses are subject to the following criteria:
(a)
Dwellings shall maintain the mixed use character, density and
purpose of the MU - Mixed Use district; and,
(b)
As the purpose of the MU - Mixed Use district is to facilitate a mix
of land uses including higher density residential; the building or
expansion of semi-detached, two-unit dwellings, and single
detached dwellings shall be considered on sites that hold existing
dwellings of a similar nature and density.
City of North Battleford Zoning Bylaw
142
(2)
Skating rinks and golf courses are not permitted in districts zoned MU -
Mixed Use.
(3)
The character of adjacent/ residential districts, along the zone interface,
shall, where possible, be protected and maintained through the provision of
buffer areas, separation distances and / or screening.
(4)
Off street parking spaces for uses located adjacent to a site used for
residential purposes shall be located in a side or rear yard and shall be
screened if they abut a site used for residential purposes.
(5)
Community service uses subject to Section 3.10.4 (3).
6.14.6 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.
City of North Battleford Zoning Bylaw
143
Table 6-14
MU - MIXED USE DISTRICT DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Designation
Parking
Category
Subject to
Sections
Development Standards
Minimum
Site Area
(m2)
Minimum
Site Width
(m)
Minimum
Front Yard
(m)
Minimum
Side Yard
(m)
Minimum
Rear Yard
(m)
Residential Uses
(1)
Dwelling units in conjunction with and attached to any other
permitted use
D
1
3.10.4 (5)
3.10.4 (18)
no min
no min
no min
(1)
(2)
(2)
Dwelling units above existing allowed uses
D
1
3.10.4 (18)
no min
no min
no min
(1)
(2)
(3)
Multiple unit dwellings (including apartments)
D
2
3.10.4 (5)
4.12.13
225
7.5
no min
(3)
(2)
(4)
Single detached dwelling
D
1
225
6
no min
1.5
3
(5)
Secondary, Garden and Garage Suites
D
1
4.12.7
Refer to Section 4.12.7
Commercial Uses
(1)
Adult day care - type I
P
14
4.12.1
225
6
no min
(1)
(2)
(2)
Adult day care - type II
D
14
4.12.1
225
6
no min
(1)
(2)
(3)
Animal and pet care services, except boarding kennel and
veterinary clinic
P
5
4.12.16
225
6
no min
(1)
(2)
(4)
Arcades
D
9
225
6
no min
(1)
(2)
(5)
Art studio
P
5
225
6
no min
(1)
(2)
(6)
Auto body shops
D
5
3.10.4(10)
225
6
no min
(1)
(2)
(7)
Automotive and industrial supply store
P
5
225
6
no min
(1)
(2)
(8)
Automobile, marine, recreational vehicle, and equipment,
agricultural equipment and mobile home sales
D
5
1100
30
6
3 (4)
6
(9)
Bakeries with retail sales
P
5
225
6
no min
(1)
(2)
(10)
Bed and breakfast homes
D
3
4.12.2
225
6
no min
(1)
(2)
(11)
Bingo halls
P
9
225
6
no min
(1)
(2)
(12)
Bus terminal
D
5
3.10.4 (1)
4.12.6
225
6
no min
(1)
(2)
(13)
Cannabis retail outlets
D
5
3.10.4(25)
225
6
no min
(1)
(2)
(14)
Car washes
D
22
3.10.4 (1)
225
6
no min
(1)
(2)
(15)
Clubs
P
5
225
6
no min
(1)
(2)
(16)
Commercial recreation facilities, including rinks and golf
P
4, 15
225
6
no min
(1)
(2)
City of North Battleford Zoning Bylaw
144
Table 6-14
MU - MIXED USE DISTRICT DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Designation
Parking
Category
Subject to
Sections
Development Standards
Minimum
Site Area
(m2)
Minimum
Site Width
(m)
Minimum
Front Yard
(m)
Minimum
Side Yard
(m)
Minimum
Rear Yard
(m)
courses
(17)
Construction trades
D
4
3.10.4 (11)
1100
30
6
3 (4)
6
(18)
Convenience stores, with or without associated gas bars
P
4
225
6
no min
(1)
(2)
(19)
Dairy processing
P
5
no min
no min
no min
(1)
(2)
(20)
Day care centres & preschools
P
16
4.12.4
225
6
no min
(1)
(2)
(21)
Distilleries, wineries and breweries
P
5
225
no min
no min
(1)
(2)
(22)
Farmers markets
P
5
no min
no min
no min
no min
no min
(23)
Farm stands
P
5
no min
no min
no min
no min
no min
(24)
Financial institutions, both major and minor
P
5
225
6
no min
(1)
(2)
(25)
Funeral homes
P
5
225
6
no min
(1)
(2)
(26)
Games of chance facilities, except bingo halls
D
5
225
6
no min
(1)
(2)
(27)
Gas bars, with or without associated convenience stores
D
4
4.12.6
4.12.8
225
6
no min
(1)
(2)
(28)
General industrial - Light (see Use, General Industrial -
Light in Section 2)
D
4
4.12.14
1100
30
6
3 (4)
6
(29)
Health care clinics
P
5
225
6
no min
(1)
(2)
(30)
Home based businesses - Type I
P
0
4.11
Same as principal dwelling
(31)
Home based businesses - Type II
P
18
4.11
Same as principal dwelling
(32)
Hotels
P
10
225
6
no min
(1)
(2)
(33)
Indoor storage rental facilities
D
12
3.10.4(13)
225
6
no min
(1)
(2)
(34)
Laundromats
P
4
225
6
no min
(1)
(2)
(35)
Lumber yards, home improvement centres and building
supply establishments
D
11
3.10.4(10)
225
6
no min
(1)
(2)
(36)
Malls
D
5
3.10.4 (7)
225
6
no min
(1)
(2)
(37)
Medical, dental and optical laboratories
P
5
225
6
no min
(1)
(2)
(38)
Miniature golf courses
P
5
225
6
no min
(1)
(2)
(39)
Motels
P
10
225
6
no min
(1)
(2)
(40)
Night Club
D
0
3.10.4(6)
225
6
no min
(1)
(2)
City of North Battleford Zoning Bylaw
145
Table 6-14
MU - MIXED USE DISTRICT DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Designation
Parking
Category
Subject to
Sections
Development Standards
Minimum
Site Area
(m2)
Minimum
Site Width
(m)
Minimum
Front Yard
(m)
Minimum
Side Yard
(m)
Minimum
Rear Yard
(m)
(41)
Nurseries, greenhouses and garden centres
P
4
225
6
no min
(1)
(2)
(42)
Offices and office buildings, both major and minor
P
4
225
6
no min
(1)
(2)
(43)
Parking lots
D
0
4.12.9
225
6
no min
(1)
(2)
(44)
Pawnshops and Pawn Brokers
D
5
3.10.4 (29)
4.12.18
1100
30
6
3 (4)
6
(45)
Personal care homes - Type I
P
6
225
6
no min
(1)
(2)
(46)
Personal care homes - Type II
D
6
4.12.3
4.12.3
225
6
no min
(1)
(2)
(47)
Personal service shops
P
5
225
6
no min
(1)
(2)
(48)
Photography studios
P
5
225
6
no min
(1)
(2)
(49)
Public garages
D
4
225
6
no min
(1)
(2)
(50)
Printing plants and newspaper offices
P
5
225
6
no min
(1)
(2)
(51)
Private schools
P
21
no min
no min
no min
(1)
(2)
(52)
Private services homes
P
1
4.12.3
(53)
Radio and television stations
P
5
225
6
no min
(1)
(2)
(54)
Recycling collection depots
D
4
3.10.4 (13)
1100
30
6
3 (4)
6
(55)
Repair services, restricted to the repair of household goods
and appliances
P
5
225
6
no min
(1)
(2)
(56)
Rental stores
P
5
225
6
no min
(1)
(2)
(57)
Residential care facilities - Type I
P
7
4.12.3
225
6
no min
(1)
(2)
(58)
Residential care facilities - Type II
D
7
4.12.3
225
6
no min
(1)
(2)
(59)
Restaurants, with or without associated lounges
P
9
4.12.15
225
6
no min
(1)
(2)
(60)
Retail stores except second-hand stores, pawnshops, and
pawn brokers
P
5
225
6
no min
(1)
(2)
(61)
Second hand and or Consignment stores
D
5
3.10.4(31)
4.12.20
225
6
no min
(1)
(2)
(62)
Service stations
P
11
4.12.6
4.12.10
225
6
no min
(1)
(2)
City of North Battleford Zoning Bylaw
146
Table 6-14
MU - MIXED USE DISTRICT DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Designation
Parking
Category
Subject to
Sections
Development Standards
Minimum
Site Area
(m2)
Minimum
Site Width
(m)
Minimum
Front Yard
(m)
Minimum
Side Yard
(m)
Minimum
Rear Yard
(m)
(63)
Shopping centres
D
4
3.10.4 (7)
225
6
no min
(1)
(2)
(64)
Storage garages
P
12
225
6
no min
(1)
(2)
(65)
Tavern
P
9
225
6
no min
(1)
(2)
(66)
Theatres
P
17
225
6
no min
(1)
(2)
(67)
Tourist information centres and booths
P
5
225
6
no min
(1)
(2)
(68)
Trucking operations
D
11
1100
30
6
3 (4)
6
(69)
Veterinary clinics
P
4
225
6
no min
(1)
(2)
(70)
Warehouses
D
12
3.10.4 (11)
1100
30
6
3 (4)
6
(71)
Wholesale establishments
D
12
1100
30
6
3 (4)
6
Community Service, Government, Recreational, Institutional and Other Uses
(1)
Emergency and Protective Services
D
0
3.10.4 (8)
225
6
no min
(1)
(2)
(2)
Community Centres
P
4
225
6
no min
(1)
(2)
(3)
Community gardens
P
0
no min
no min
no min
no min
no min
(4)
Cultural institutions
P
0
225
6
no min
(1)
(2)
(5)
Educational Institutions
P
21
no min
no min
no min
(1)
(2)
(6)
Major telecommunication towers
P
0
4.28
no min
no min
no min
no min
no min
(7)
Minor telecommunication towers
P
0
4.28
no min
no min
no min
no min
no min
(8)
Places of worship
P
8
225
6
no min
(1)
(2)
(9)
Public hospitals
P
6
no min
no min
no min
no min
no min
(10)
Public recreational facilities
P
4
no min
no min
no min
(1)
(2)
(11)
Public Schools
P
19
no min
no min
no min
no min
no min
(12)
Municipal facilities
P
0
no min
no min
no min
no min
no min
(13)
Parks and playgrounds
P
0
no min
no min
no min
no min
no min
(14)
Public works, excluding warehouses, storage yards, and
solid and liquid waste management or disposal facilities
P
0
no min
no min
no min
no min
no min
City of North Battleford Zoning Bylaw
147
Use Designations:
(P) - Permitted Use
(D) - Discretionary Use
Means a use or form of development allowed as of right in a zoning
district, subject to the regulations contained in this Bylaw.
A use or form of development specified in this Bylaw, which may be allowed following
application to, and approval of the Council; and which complies with the development
standards laid out in Section 6.14.5 and others as required by Council and/or contained in this
Bylaw.
Special limitation and standards regarding Table 6-14 and the MU - Mixed Use District:
(1) where the side line of a site in any MU - Mixed Use District abuts any Residential District without an intervening street or lane: 1.5 metres; otherwise, no requirements
(2) where the rear line of a site in any MU - Mixed Use District abuts any Residential District without an intervening street or lane: 3 metres; otherwise, no requirements
(3) for one-storey multiple unit dwellings, the minimum side yard requirement shall be 1.2 metres, unless dwelling is on a corner site, in which case the minimum side yard
requirement shall be 3 metres for the side flanking the street; for multiple unit dwellings that are two (2) storeys or higher, the minimum side yard requirements shall be ½ of
the building height, to a maximum of six (6) metres
(4) except in the case of corner sites, in which case 4.5 metres is required on the side abutting the flanking street
City of North Battleford Zoning Bylaw
148
6.15 M1 - LIGHT INDUSTRIAL DISTRICT
6.15.1 Purpose
The objective of the M1 - Light Industrial District is to provide for development in
the form of a range of industrial and other compatible uses.
6.15.2 Permitted and Discretionary Uses
Uses are listed and designated in Table 6-15.
6.15.3 Accessory Uses
Accessory buildings and uses shall be permitted subject to Section 4.8.
6.15.4 Standards and Regulations
(1)
Site and building requirements are shown in Table 6-15.
(2)
The regulations governing landscaping for the M1 - Light Industrial District
are contained within Section 4.24 of this Bylaw.
6.15.5 Standards for Discretionary Uses
Council will consider discretionary use applications in the M1 - Light Industrial
District with respect to Section 3.10.3 Discretionary Use - General Evaluation
Criteria and to Section 3.10.4 Discretionary Use - Specific Evaluation Criteria and
to additional evaluation criteria and development standards that follows in this
section.
(1)
Discretionary commercial and industrial uses are subject to the following
criteria:
(a)
The location of the use will only be favourably considered where it
can be demonstrated that the use and intensity is appropriate to the
site and that it will have a minimal impact on the surrounding,
adjacent areas. Consideration may be given, but is not limited, to
the following effects:
i)
municipal servicing capacity;
ii)
anticipated levels of noise, odour, smoke, fumes, dust,
lighting, glare, vibration or other emissions emanating from
the operation;
City of North Battleford Zoning Bylaw
149
iii)
anticipated increased levels or types of vehicle traffic, unsafe
conditions or situations for vehicles, cyclists or pedestrians;
and/or,
iv)
utilization of hazardous substances.
6.15.6 Exceptions to Development Standards
City of North Battleford Zoning Bylaw
150
Table 6-15
M1 - LIGHT INDUSTRIAL DISTRICT DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Designation
Parking
Category
Subject to
Sections
Development Standards
Minimum
Site Area
(m2)
Minimum
Site Width
(m)
Minimum
Front Yard
(m)
Minimum
Side Yard
(m)
Minimum
Rear Yard
(m)
Residential Uses
(1)
Dwelling units accessory to permitted units integrated
as part of principal buildings, for the use of
caretakers, owners or night managers.
D
1
3.10.4(18)
(1)
(1)
(1)
(1)
(1)
Commercial Uses
(1)
Animal and pet care services, except boarding
kennels and veterinary clinics
P
5
4.12.16
1100
30
6
3(2)
6(3)
(2)
Adult entertainment facilities
D
5
1100
30
6
3(2)
6(3)
(3)
Art Studio
P
4
550
15
6
3(2)
6(3)
(4)
Auction markets, excluding livestock auction facilities
P
4
1100
30
6
3(2)
6(3)
(5)
Auto body shops
P
5
1100
30
6
3(2)
6(3)
(6)
Automobile, marine, recreational vehicle, and
equipment, agricultural equipment and mobile home
sales and service establishments
P
5
4.12.6
1100
30
6
3(2)
6(3)
(7)
Boarding Kennel
D
4
3.10.4(28)
4.12.17
1100
30
6
3(2)
6(3)
(8)
Bulk fuel dealerships and storage
D
5
3.10.4(21)
1100
30
6
3(2)
6(3)
(9)
Carwashes
P
22
1100
30
6
3(2)
6(3)
(10)
Cement and concrete plants
D
5
1100
30
6
3(2)
6(3)
(11)
Clubs
P
5
550
15
6
3(2)
6(3)
(12)
Construction trades
D
4
3.10.4(10)
3.10.4(11)
550
15
6
3(2)
6(3)
(13)
Convenience stores
P
5
550
15
6
3(2)
6(3)
(14)
Crematorium
D
5
3.10.4(27)
1100
30
6
3(2)
6(3)
(15)
Distilleries, wineries and breweries
P
5
1100
30
6
3(2)
6(3)
(16)
Farm stands
P
0
no min
no min
no min
no min
no min
(17)
Funeral homes
D
5
550
15
6
3(2)
6(3)
(18)
Gas bars
P
4
4.12.6
4.12.8
1100
30
6
3(2)
6(3)
City of North Battleford Zoning Bylaw
151
Table 6-15
M1 - LIGHT INDUSTRIAL DISTRICT DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Designation
Parking
Category
Subject to
Sections
Development Standards
Minimum
Site Area
(m2)
Minimum
Site Width
(m)
Minimum
Front Yard
(m)
Minimum
Side Yard
(m)
Minimum
Rear Yard
(m)
(19)
General industrial uses (see, Use, General Industrial
in Section 2)
P
4
1100
30
6
3(2)
6(3)
(20)
Lumber yards and building supply establishments
P
11
1100
30
6
3(2)
6(3)
(21)
Nurseries, greenhouses and garden centres
P
4
1100
30
6
3(2)
6(3)
(22)
Parking lots
P
0
550
15
6
3(2)
6(3)
(23)
Pawnshops and Pawn Brokers
D
5
3.10.4(29)
4.12.18
550
15
6
3(2)
6(3)
(24)
Personal service shops
D
5
550
15
6
3(2)
6(3)
(25)
Public garages
P
4
1100
30
6
3(2)
6(3)
(26)
Recycling collection depots
P
0
1100
30
6
3(2)
6(3)
(27)
Restaurants without associated lounges
P
9
4.12.15
550
15
6
3(2)
6(3)
(28)
Restaurants with associated lounges
D
9
3.10.4(9)
4.12.15
550
15
6
3(2)
6(3)
(29)
Retail stores except second-hand stores, pawnshops,
and pawn brokers
P
5
550
15
6
3(2)
6(3
(30)
Second hand and or Consignment stores
D
5
3.10.4(31)
4.12.20
550
15
6
3(2)
6(3)
(31)
Seed cleaning plants and feed mills
D
11
1100
30
6
3(2)
6(3)
(32)
Service stations
P
11
4.12.6
4.12.10
1100
30
6
3(2)
6(3)
(33)
Storage garages
P
12
550
15
6
3(2)
6(3)
(34)
Trucking operations
P
12
1100
30
6
3(2)
6(3)
(35)
Taxidermy and accessory tanning of hides
P
12
1100
30
6
3(2)
6(3)
(36)
Veterinary clinics
P
5
550
15
6
3(2)
6(3)
(37)
Warehouses
P
12
550
15
6
3(2)
6(3)
(38)
Welding and machine shops
D
11
3.10.4(11)
550
15
6
3(2)
6(3)
(39)
Wholesale establishments
P
4
1100
30
6
3(2)
6(3)
Community Service, Government, Recreational, Institutional and Other Uses
City of North Battleford Zoning Bylaw
152
Table 6-15
M1 - LIGHT INDUSTRIAL DISTRICT DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Designation
Parking
Category
Subject to
Sections
Development Standards
Minimum
Site Area
(m2)
Minimum
Site Width
(m)
Minimum
Front Yard
(m)
Minimum
Side Yard
(m)
Minimum
Rear Yard
(m)
(1)
Community gardens
P
0
no min
no min
no min
no min
no min
(2)
Major telecommunication towers
P
0
4.28
no min
no min
no min
no min
no min
(3)
Minor telecommunication towers
P
0
4.28
no min
no min
no min
no min
no min
(4)
Municipal facilities
P
0
no min
no min
no min
no min
no min
(5)
Parks
P
0
no min
no min
no min
no min
3
(6)
Places of Worship
D
17
3.10.4(3)
550
6
no min
3
(1)
(7)
Public works, excluding solid and liquid waste
management or disposal facilities
P
0
no min
no min
no min
no min
no min
Use Designations:
(P) - Permitted Use
(D) - Discretionary Use
Means a use or form of development allowed as of right in a zoning
district, subject to the regulations contained in this Bylaw.
A use or form of development specified in this Bylaw, which may
be allowed following application to, and approval of the Council;
and which complies with the development standards laid out in
Section 6.15.5 and others as required by Council and/or contained
in this Bylaw.
Special limitation and standards regarding Table 6.15 M1 - Light Industrial District:
(1) the development standards of dwelling units are equivalent to the development standards of the permitted use that the dwelling unit is built
in conjunction with
(2) except in the case of corner sites, in which case 4.5 metres is required on the side abutting the flanking street
(3) except in the case of abutting a railway, in which case no minimum is required.
City of North Battleford Zoning Bylaw
153
6.16 M2 - HEAVY INDUSTRIAL DISTRICT
6.16.1 Purpose
The objective of the M2 - Heavy Industrial District is to provide for development
in the form of a range of heavy industrial and other compatible uses that may require
isolation from many other kinds of land uses.
6.16.2 Permitted and Discretionary Uses
Uses are listed and designated in Table 6-16.
6.16.3 Accessory Uses
Accessory buildings and uses shall be permitted subject to Section 4.8.
6.16.4 Standards and Regulations
(1)
Site and building requirements are shown in Table 6-16.
(2)
The regulations governing landscaping for the M2 - Heavy Industrial
District are contained within Section 4.24 of this Bylaw.
6.16.5 Standards for Discretionary Uses
Council will consider discretionary use applications in the M2 - Industrial District
with respect to Section 3.10.3 Discretionary Use - General Evaluation Criteria and
to Section 3.10.4 Discretionary Use - Specific Evaluation Criteria and to additional
evaluation criteria and development standards that follows in this section.
(1)
Discretionary commercial and industrial uses are subject to the following
criteria:
(a)
The location of the use will only be favourably considered where it
can be demonstrated that the use and intensity is appropriate to the
site and that it will have a minimal impact on the surrounding,
adjacent areas. Consideration may be given, but is not limited, to
the following effects:
i)
municipal servicing capacity;
ii)
anticipated levels of noise, odour, smoke, fumes, dust,
lighting, glare, vibration or other emissions emanating from
the operation;
City of North Battleford Zoning Bylaw
154
iii)
anticipated increased levels or types of vehicle traffic, unsafe
conditions or situations for vehicles, cyclists or pedestrians;
and/or,
iv)
utilization of hazardous substances.
6.16.6 Exceptions to Development Standards
City of North Battleford Zoning Bylaw
155
Table 6-16
M2 - HEAVY INDUSTRIAL DISTRICT DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Residential Uses
(1)
Dwelling units accessory to permitted units integrated as part of
principal buildings, for the use of caretakers, owners or night
managers.
D
1
3.10.4(18)
(1)
(1)
(1)
(1)
(1)
Commercial and Industrial Uses
(1)
Abattoirs
D
11
1100
30
6
3 (2)
(3)
(2)
Animal hospitals
P
5
1100
30
6
3 (2)
(3)
(3)
Auction markets, excluding livestock auction facilities
P
4
1100
30
6
3 (2)
(3)
(4)
Automobile,
marine,
recreational
vehicle,
and
equipment,
agricultural equipment and mobile home sales and service
establishments
P
5
4.12.6
1100
30
6
3 (2)
(3)
(5)
Boarding Kennel
D
4
1100
30
6
3(2)
(3)
(6)
Bulk fertilizer operations
D
12
3.10.4(21)
1100
30
6
3 (2)
(3)
(7)
Bulk fuel dealerships and storage
D
5
3.10.4(21)
1100
30
6
3 (2)
(3)
(8)
Cannabis production facility
P
11
1100
30
6
3(2)
(3)
(9)
Car washes
22
3 (2)
(3)
(10)
Cement and concrete plants
P
4
1100
30
6
3 (2)
(3)
(11)
Consignment centres
P
4
1100
30
6
3 (2)
(3)
(12)
Construction trades
P
4
1100
30
6
3 (2)
(3)
(13)
Convenience stores
P
5
1100
30
6
3 (2)
(3)
(14)
Crematorium
D
5
1100
30
6
3(2)
(3)
(15)
Distilleries, wineries and breweries
D
5
1100
30
6
3 (2)
(3)
(16)
Farm stands
P
0
no min
no min
no min
no min
no min
(17)
Foundry works and boiler works
D
4
1100
30
6
3 (2)
(3)
(18)
Gas bars
P
4
4.12.6
4.12.8
1100
30
6
3 (2)
(3)
(19)
General industrial uses (see, Use, General Industrial in Section 2)
P
4
1100
30
6
3 (2)
(3)
(20)
Junk, salvage, and auto wrecker yards
D
11
3.10.4(19)
1100
30
6
3 (2)
(3)
(21)
Livestock auction facilities
D
4
3.10.4(22)
1100
30
6
3 (2)
(3)
City of North Battleford Zoning Bylaw
156
Table 6-16
M2 - HEAVY INDUSTRIAL DISTRICT DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
(22)
Lumber yards and building supply establishments
P
11
1100
30
6
3 (2)
(3)
(23)
Manufacturing, processing and packing plants
P
11
1100
30
6
3 (2)
(3)
(24)
Medical Marijuana Facility
P
11
1100
30
6
3(2)
(3)
(25)
Nurseries, greenhouses and garden centres
P
4
1100
30
6
3 (2)
(3)
(26)
Parking lots
P
0
1100
30
6
3 (2)
(3)
(27)
Public garages
P
4
1100
30
6
3 (2)
(3)
(28)
Restaurants, with or without associated lounges
P
9
1100
30
6
3 (2)
(3)
(29)
Sand and gravel operations
D
0
1100
30
6
3 (2)
(3)
(30)
Seed cleaning plants and feed mills
D
11
1100
30
6
3 (2)
(3)
(31)
Service stations
P
11
4.12.6
4.12.10
1100
30
6
3 (2)
(3)
(32)
Solar farms
D
19
3.10.4(26)
1100
30
60
3(2)
(3)
(33)
Stockyards
D
11
1100
30
6
3 (2)
(3)
(34)
Storage yards
P
11
1100
30
6
3 (2)
(3)
(35)
Tanneries and hide storage yards
D
11
1100
30
6
3 (2)
(3)
(36)
Transportation terminals and yards
P
11
1100
30
6
3 (2)
(3)
(37)
Towers
D
0
1100
30
6
3 (2)
(3)
(38)
Veterinary clinics
P
5
1100
30
6
3 (2)
(3)
(39)
Warehouses
P
12
1100
30
6
3 (2)
(3)
(40)
Wholesale establishments
P
4
1100
30
6
3 (2)
(3)
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Community gardens
P
0
no min
no min
no min
no min
no min
(2)
Municipal facilities
P
0
no min
no min
no min
no min
no min
(3)
Parks
P
0
no min
no min
no min
no min
no min
(4)
Public works, excluding solid and liquid waste management or
disposal facilities
P
0
no min
no min
no min
no min
no min
(5)
Solid and liquid waste management disposal facilities
D
0
no min
no min
no min
no min
no min
City of North Battleford Zoning Bylaw
157
Table 6-16
M2 - HEAVY INDUSTRIAL DISTRICT DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
(6)
Major telecommunication towers
D
0
3.10.4 (24)
4.28
no min
no min
no min
no min
no min
(7)
Minor telecommunication towers
P
0
4.28
no min
no min
no min
no min
no min
Use Designations:
(P) - Permitted Use
means a use or form of development allowed as of right in a zoning district,
subject to the regulations contained in this Bylaw.
(D) - Discretionary Use
A use or form of development specified in this Bylaw, which may be allowed following application
to, and approval of the Council; and which complies with the development standards laid out in
Section 6.15.5 and others as required by Council and/or contained in this Bylaw.
Special limitation and standards regarding Table 6-16 and the M2 - Heavy Industrial District:
(1)
the development standards of dwelling units are equivalent to the development standards of the permitted use that the dwelling unit is built in conjunction with
(2)
except in the case of corner sites, in which case 4.5 metres is required on the side abutting the flanking street
(3)
except in the case of abutting a railway, in which case no minimum is required.
City of North Battleford Zoning Bylaw
158
6.17 YQW - AIRPORT DISTRICT
6.17.1 Purpose
The objective of the YQW - Airport District is to provide for development in the
form of a range of airport, industrial and other associated uses.
6.17.2 Permitted and Discretionary Uses
Uses are listed and designated in Table 6-17.
6.17.3 Accessory Uses
Accessory buildings and uses shall be permitted subject to Section 4.8.
6.17.4 Standards and Regulations
(1)
Site and building requirements are shown in Table 6-17.
(2)
Federal Regulations
Development in the YQW - Airport District must abide by all federal
regulations for airports, airport operations and airport safety. Federal
regulation supersedes all municipal regulations and the federal obstruction
zoning shall apply to all development in the YQW - Airport District.
6.17.5 Standards for Discretionary Uses
Council will consider discretionary use applications in the YQW - Airport District
with respect to Section 3.10.3 Discretionary Use - General Evaluation Criteria and
to Section 3.10.4 Discretionary Use - Specific Evaluation Criteria and to additional
evaluation criteria and development standards that follows in this section.
(1)
Discretionary commercial and industrial uses are subject to the following
criteria:
(a)
The location of the use will only be favourably considered where it
can be demonstrated that the use and intensity is appropriate to the
site and that it will have a minimal impact on the surrounding,
adjacent areas. Consideration may be given, but is not limited, to
the following effects:
i)
municipal servicing capacity;
City of North Battleford Zoning Bylaw
159
ii)
anticipated levels of noise, odour, smoke, fumes, dust,
lighting, glare, vibration or other emissions emanating from
the operation;
iii)
anticipated increased levels or types of vehicle traffic, unsafe
conditions or situations for vehicles, cyclists or pedestrians;
and/or,
iv)
utilization of hazardous substances.
6.17.6 Exceptions to Development Standards
6.17.7 Prohibited Use
(1)
Uses that involve the disposal of any material that is edible or attractive to
birds.
City of North Battleford Zoning Bylaw
160
Table 6-17
YQW - AIRPORT DISTRICT DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
Minimum Front
Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Max. Building
Height (m)
Airport and Airport Related Uses
(1)
Accessory dwelling units in conjunction with any other permitted use and
integrated as part of the principal building
D
1
3
3
(1)
(2)
(2)
Airport terminals and related storage and maintenance buildings and uses
P
4
3
3
(1)
(2)
(3)
Aircraft runways
P
0
3
3
(1)
(2)
(4)
Aviation related transport terminals and warehouses
P
12
3
3
(1)
(2)
(5)
Aviation related government services
P
4
3
3
(1)
(2)
(6)
Administrative headquarters for the airport and related storage, maintenance
buildings and uses
P
4
3
3
(1)
(2)
(7)
Aircraft and related equipment storage
P
12
3
3
(1)
(2)
(8)
Aircraft and related equipment sales, charters, rentals and repairs
P
4
3
3
(1)
(2)
(9)
Flying schools, flying clubs and accessory dwelling units for caretakers,
instructors and students
P
4
3
3
(1)
(2)
(10)
Aviation fuel storage and sales
P
4
3
3
(1)
(2)
(11)
Retail stores, restaurants and lounges located in the main airport terminal
building
P
0
no min
no min
no min
no max
(12)
Parking lots
P
0
no min
no min
no min
no max
Other Uses
(1)
Agricultural uses
P
0
no min
no min
no min
no max
(2)
Community gardens
P
0
no min
no min
no min
no max
(3)
Farmers' markets
D
5
no min
no min
no min
no max
(4)
Farm stands
P
0
no min
no min
no min
no max
(5)
Outdoor recreational uses, parks and playgrounds
P
0
no min
no min
no min
no max
(6)
Municipal facilities
P
0
no min
no min
no min
no max
(7)
Public works, excluding liquid and solid waste management or disposal facilities
P
0
no min
no min
no min
no max
City of North Battleford Zoning Bylaw
161
Table 6-17
YQW - AIRPORT DISTRICT DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
Minimum Front
Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Max. Building
Height (m)
(8)
Major telecommunication towers
D
0
3.10.4 (24)
4.28
no min
no min
no min
no max
(9)
Minor telecommunication towers
P
0
4.28
no min
no min
no min
no max
Use Designations:
(P) - Permitted Use
means a use or form of development allowed as of right in a zoning district, subject to
the regulations contained in this Bylaw.
(D) - Discretionary Use
A use or form of development specified in this Bylaw, which may be allowed following
application to, and approval of the Council; and which complies with the development
standards laid out in Section 6.16.5 and others as required by Council and/or contained
in this Bylaw.
Special limitation and standards regarding Table 6-17 and the YQW - Airport District:
(1) transitional set back from the runway (if applicable) as per the Aeronautics Act; otherwise, none required.
(2) building height restrictions are defined within the North Battleford Airport Zoning Regulation and are subject to the Aeronautics Act
City of North Battleford Zoning Bylaw
162
6.18 PR - PARKS AND RECREATION DISTRICT
6.18.1 Purpose
The objective of the PR - Parks and Recreation District is to provide for parks and
recreation development and other compatible uses.
6.18.2 Permitted and Discretionary Uses
Uses are listed and designated in Table 6-18.
6.18.3 Accessory Uses
Accessory buildings and uses shall be permitted subject to Section 4.8.
6.18.4 Standards and Regulations
(1)
Site and building requirements are shown in Table 6-18.
(2)
The regulations governing landscaping contained within Section 4.24 of this
Bylaw shall apply to community centres, cultural institutions, municipal
facilities, recreation facilities, and tourist information centres and booths in
the PR - Parks and Recreation District.
6.18.5 Standards for Discretionary Uses
Council will consider discretionary use applications in the PR - Parks and
Recreation District with respect to Section 3.10.3 Discretionary Use - General
Evaluation Criteria and to Section 3.10.4 Discretionary Use - Specific Evaluation
Criteria and to additional evaluation criteria and development standards that
follows in this section.
6.18.6 Exceptions to Development Standards
City of North Battleford Zoning Bylaw
163
Table 6-18
PR - PARKS AND RECREATION DISTRICT DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Agricultural Uses
(1)
Intensive agricultural uses, including vegetable and fruit production,
and excluding both operations relating to the raising of livestock
and/or other animals, and operations carried on partially or entirely
within buildings.
D
4
3.10.4(17)
1000
30
6
3 (1)
6 (2)
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Community centres
D
4
3.10.4 (3)
450
15
6
3 (1)
6 (2)
(2)
Community gardens
P
0
no min
no min
no min
no min
no min
(3)
Cultural institutions
D
4
3.10.4 (3)
450
15
6
3 (1)
6 (2)
(4)
Farmers' markets
D
5
450
15
6
3 (1)
6 (2)
(5)
Farm stands
P
0
no min
no min
no min
no min
no min
(6)
Golf courses
D
15
3.10.4 (3)
no min
no min
no min
3 (1)
6 (2)
(7)
Municipal facilities
P
0
no min
no min
no min
no min
no min
(8)
Nature interpretation trails and associated facilities
P
0
no min
no min
no min
3 (1)
6 (2)
(9)
Public works, excluding solid and liquid waste management or
disposal facilities
P
0
no min
no min
no min
no min
6 (2)
(10)
Public recreation facilities
D
5
3.10.4 (3)
no min
no min
no min
3 (1)
6 (2)
(11)
Sports fields, parks and playgrounds
P
0
no min
no min
no min
3 (1)
6 (2)
(12)
Tourist information centres and booths
D
5
3.10.4 (3)
225
6
no min
3 (1)
6 (2)
(13)
Tourist campgrounds
D
5
3.10.4 (3)
1000
30
6
3 (1)
6 (2)
(14)
Walking, hiking and/or ski trails and associated facilities
P
0
no min
no min
no min
3 (1)
6 (2)
(15)
Major telecommunication towers
D
0
3.10.4 (24)
4.28
no min
no min
no min
no min
no min
(16)
Minor telecommunication towers
P
0
4.28
no min
no min
no min
no min
no min
City of North Battleford Zoning Bylaw
164
Use Designations:
(P) - Permitted Use
means a use or form of development allowed as of right in a zoning district,
subject to the regulations contained in this Bylaw.
(D) - Discretionary Use
A use or form of development specified in this Bylaw, which may be allowed following application
to, and approval of the Council; and which complies with the development standards laid out in
Section 6.9.5 and others as required by Council and/or contained in this Bylaw.
Special limitation and standards regarding Table 6-18 and the PR - Parks and Recreation District:
(1)
or ½ the building height, whichever is greater
(2)
or 10% of the depth of the site, whichever is greater
City of North Battleford Zoning Bylaw
165
6.19 RD1 - RESTRICTED DEVELOPMENT 1 DISTRICT
6.19.1 Purpose
The objective of the RD1 - Restricted Development 1 District is to establish and
preserve areas of highly restricted development so as to preserve the natural
character of the land.
6.19.2 Permitted and Discretionary Uses
Uses are listed and designated in Table 6-19.
6.19.3 Accessory Uses
Accessory buildings and uses shall be permitted subject to Section 4.8.
6.19.4 Standards and Regulations
(1)
Site and building requirements are shown in Table 6-19.
(2)
The operation of motorized recreation land vehicles such as snowmobiles,
dune buggies, all-terrain vehicles, trail bikes, and all similar modes of
recreation vehicles are prohibited in the RD1 - Restricted Development 1
District.
(3)
Non-recreation motorized vehicles are permitted but are confined to travel
only on access roads, designated trails, and designated parking areas.
(4)
The removal of natural vegetation or the altering of the earth's surface or of
water bodies in any manner is prohibited in the RD1 - Restricted
Development 1 District where the action is in keeping with the overall intent
of the district and is compatible with principal uses.
(5)
All buildings shall be set back at least 15 metres from the edge of any road
allowance.
6.19.5 Standards for Discretionary Uses
Council will consider discretionary use applications in the RD1 - Restricted
Development 1 District with respect to Section 3.10.3 Discretionary Use - General
Evaluation Criteria and to Section 3.10.4 Discretionary Use - Specific Evaluation
Criteria and to additional evaluation criteria and development standards that
follows in this section
City of North Battleford Zoning Bylaw
166
(1)
Discretionary uses in the RD1 - Restricted Development 1 District will only
be permitted where Council is assured that such development will be
compatible with the future use of the area, as indicated in the Official
Community Plan Bylaw.
6.19.6 Exceptions to Development Standards
City of North Battleford Zoning Bylaw
167
Table 6-19
RD1 - RESTRICTED DEVELOPMENT 1 DISTRICT DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Site
Coverage (%)
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Community gardens
P
0
no min
no min
no min no min
no min
no min
no max
(2)
Farm stands
P
0
no min
no min
no min no min
no min
no min
no max
(3)
Natural habitat preservation
P
0
no min
no min
no min
no min
no min
no min
no max
(4)
Nature exhibits
D
0
no min
no min
no min
no min
no min
no min
no max
(5)
Nature trails
D
0
no min
no min
no min
no min
no min
no min
no max
(6)
Municipal facilities
P
0
no min
no min
no min
no min
no min
no min
no max
(7)
Public works, excluding solid and liquid waste management
or disposal facilities
P
0
no min
no min
no min
no min
3
no min
no max
(8)
Wildlife management
D
0
no min
no min
no min
no min
no min
no min
no max
(9)
Major telecommunication towers
D
0
3.10.4 (24)
4.28
no min
no min
no min
no min
no min
no min
no max
(10)
Minor telecommunication towers
P
0
4.28
no min
no min
no min
no min
no min
no min
no max
Use Designations:
(P) - Permitted Use
means a use or form of development allowed as of right in a zoning
district, subject to the regulations contained in this Bylaw.
(D) - Discretionary Use
A use or form of development specified in this Bylaw, which may be allowed following application to, and
approval of the Council; and which complies with the development standards laid out in Section 6.10.5 and
others as required by Council and/or contained in this Bylaw.
Special limitation and standards regarding Table 6-19 and the RD1 - Restricted Development 1 District:
City of North Battleford Zoning Bylaw
168
6.20 RD2 - RESTRICTED DEVELOPMENT 2 DISTRICT
6.20.1 Purpose
The objective of the RD2 - Restricted Development 2 District is to establish and
preserve areas of highly restricted development so as to preserve the natural
character of the land.
6.20.2 Permitted and Discretionary Uses
Uses are listed and designated in Table 6-20.
6.20.3 Accessory Uses
Accessory buildings and uses shall be permitted subject to Section 4.8.
6.20.4 Standards and Regulations
(1)
Site and building requirements are shown in Table 6-20.
(2)
The operation of motorized recreation land vehicles such as snowmobiles,
dune buggies, all-terrain vehicles, trail bikes, and all similar modes of
recreation vehicles are prohibited in the RD2 - Restricted Development 2
District.
(3)
Non-recreation motorized vehicles are permitted but are confined to travel
only on access roads, designated trails, and designated parking areas.
(4)
All buildings shall be set back at least 15 metres from the edge of any road
allowance.
(5)
The regulations governing landscaping contained within Section 4.24 of this
Bylaw shall apply to clubhouses in the RD2 - Restricted Development 2
District.
6.20.5 Standards for Discretionary Uses
Council will consider discretionary use applications in the RD2 - Restricted
Development 2 District with respect to Section 3.10.3 Discretionary Use - General
Evaluation Criteria and to Section 3.10.4 Discretionary Use - Specific Evaluation
Criteria and to additional evaluation criteria and development standards that
follows in this section
City of North Battleford Zoning Bylaw
169
(1)
Discretionary uses in the RD2 - Restricted Development 2 District will only
be permitted where Council is assured that such development will be
compatible with the future use of the area, as indicated in the Official
Community Plan Bylaw.
6.20.6 Exceptions to Development Standards
City of North Battleford Zoning Bylaw
170
Table 6-20
RD2 - RESTRICTED DEVELOPMENT 2 DISTRICT DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Site
Coverage (%)
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Clubhouses(1)
D
5
500
15
6
6
6
no min
no max
(2)
Community gardens
P
0
no min
no min
no min
no min
no min
no min
no max
(3)
Farm stands
P
0
no min
no min
no min
no min
no min
no min
no max
(4)
Golf courses
D
15
3.10.4(16)
5000
15
6
6
6
no min
no max
(5)
Municipal facilities
D
0
no min
no min
no min
no min
no min
no min
no min
(6)
Natural habitat preservation
P
0
no min
no min
no min
no min
no min
no min
no min
(7)
Nature exhibits
D
0
no min
no min
no min
no min
no min
no min
no min
(8)
Nature trails
P
0
no min
no min
no min
no min
no min
no min
no min
(9)
Nurseries, greenhouses and garden centres
D
0
5000
15
6
6
6
no min
40
(10)
Sports fields, parks and playgrounds
P
0
no min
no min
no min
no min
no min
no min
no min
(11)
Outdoor recreation facilities
P
0
(12)
Public works, excluding solid and liquid waste
management or disposal facilities
P
0
no min
no min
no min
no min
3
no min
no min
(13)
Wildlife management
D
0
no min
no min
no min
no min
no min
no min
no max
(14)
Major telecommunication towers
D
0
3.10.4 (24)
4.28
no min
no min
no min
no min
no min
no min
no max
(15)
Minor telecommunication towers
P
0
4.28
no min
no min
no min
no min
no min
no min
no max
Use Designations:
(P) - Permitted Use
means a use or form of development allowed as of right in a
zoning district, subject to the regulations contained in this
Bylaw.
(D) - Discretionary Use
A use or form of development specified in this Bylaw, which may be allowed following application
to, and approval of the Council; and which complies with the development standards laid out in
Section 6.10.5 and others as required by Council and/or contained in this Bylaw.
Special limitation and standards regarding Table 6-20 and the RD2 - Restricted Development 2 District:
(1)
for non-profit recreational organisations with principal driveway access to an arterial or collector street
City of North Battleford Zoning Bylaw
171
6.21 FUD - FUTURE URBAN DEVELOPMENT DISTRICT
6.21.1 Purpose
The objective of the FUD - Future Urban Development District is to provide for
interim land uses where the future use of the land or the timing of development is
uncertain due to issues of servicing, transitional use or market demand.
6.21.2 Permitted and Discretionary Uses
Uses are listed and designated in Table 6-21.
6.21.3 Accessory Uses
Accessory buildings and uses shall be permitted subject to Section 4.8.
6.21.4 Standards and Regulations
Site and building requirements are shown in Table 6-21.
6.21.5 Standards for Discretionary Uses
Council will consider discretionary use applications in the FUD - Future Urban
Development District with respect to Section 3.10.3 Discretionary Use - General
Evaluation Criteria and to Section 3.10.4 Discretionary Use - Specific Evaluation
Criteria and to additional evaluation criteria and development standards that
follows in this section
(1)
Discretionary uses in the FUD - Future Urban Development District will
only be permitted where Council is assured that such development will be
compatible with the future use of the area, as indicated in the Official
Community Plan Bylaw.
(2)
Single detached dwellings may be favourably considered only where:
(a) The development will be located on or provide good access to an arterial
or collector street;
(b) The dwelling will be oriented on the site with consideration for privacy
of adjacent sites; and
(c) The development is consistent with any secondary or conceptual plan
accepted by the City.
6.21.6 Exceptions to Development Standards
City of North Battleford Zoning Bylaw
172
Table 6-21
FUD - FUTURE URBAN DEVELOPMENT DISTRICT DEVELOPMENT STANDARDS
for the City of North Battleford
Principal Use
Development Standards
Designation
Parking
Category
Subject to
Sections
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Site
Coverage (%)
Agricultural Uses
(1)
Agricultural uses including crop farming, grazing and
pasturage and cultivation of land, but not including
intensive livestock or poultry operations
P
0
16000
15
6
6
6
no min
40
(2)
Nurseries, greenhouses and garden centres
P
5
5000
15
6
6
6
no min
40
(3)
Riding academies and pony pastures and ancillary facilities
D
0
16000
15
6
6
6
no min
40
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Community gardens
P
0
no min
no min
no min
no min
no min
no min
no max
(2)
Farm stands
P
0
no min
no min
no min
no min
no min
no min
no max
(3)
Golf courses
D
15
3.10.4(16)
16000
15
6
6
6
no min
no max
(4)
Municipal facilities
P
0
no min
no min
no min
no min
no min
no min
no max
(5)
Outfitter lodge
D
6
no min
15
6
6
6
no min
no max
(5)
Public works, excluding solid and liquid waste management
or disposal facilities
P
0
no min
no min
no min
no min
3
no min
no max
(6)
Minor telecommunication towers
P
0
no min
no min
no min
no min
no min
no min
no max
(7)
Major telecommunication towers
D
0
no min
no min
no min
no min
no min
no min
no max
(8)
Sand and gravel operations
D
0
16000
15
6
6
6
no min
no max
(9)
Solar farms
D
19
3.10.4(26)
no min
15
6
6
6
no min
no max
(10)
Sports fields, parks and playgrounds
P
0
no min
no min
no min
no min
no min
no min
no max
(11)
Major telecommunication towers
D
0
3.10.4 (24)
4.28
no min
no min
no min
no min
no min
no min
no max
(12)
Minor telecommunication towers
P
0
4.28
no min
no min
no min
no min
no min
no min
no max
Residential Uses
(1)
Single detached dwellings
D
1
0.2
15
7.5
6
1.2
89
50
City of North Battleford Zoning Bylaw
173
Use Designations:
(P) - Permitted Use
means a use or form of development allowed as of right in a zoning
district, subject to the regulations contained in this Bylaw.
(D) - Discretionary Use
A use or form of development specified in this Bylaw, which may be allowed following application to, and
approval of the Council; and which complies with the development standards laid out in Section 6.10.5 and
others as required by Council and/or contained in this Bylaw.
City of North Battleford Zoning Bylaw
174
SECTION 7
MAPS