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Bylaw: 2/2023
Consolidated 2025
(Bylaw 03/2024)
(Bylaw 05/2024)
(Bylaw 01/2025)
THE TOWN
OF PENSE
Zoning Bylaw
Town of Pense Zoning Bylaw 2/2023
- 2 -
TABLE OF CONTENTS
1 INTRODUCTION .....................................................................................................................................................6
1.1
Authority ......................................................................................................................................................6
1.2
Title .............................................................................................................................................................6
1.3
Purpose.......................................................................................................................................................6
1.4
Scope ..........................................................................................................................................................6
1.5
Severability .................................................................................................................................................6
2 DEFINITIONS .........................................................................................................................................................7
3 ADMINISTRATION AND INTERPRETATION ..................................................................................................... 22
3.1
Development Officer ................................................................................................................................ 22
3.2
Council ..................................................................................................................................................... 22
3.3
Application for a Development Permit ..................................................................................................... 22
3.4
Development not requiring a Permit ........................................................................................................ 23
3.5
Interpretation ............................................................................................................................................ 24
3.6
Concept Plans ......................................................................................................................................... 24
3.7
Development Permit Procedure .............................................................................................................. 24
3.8
Development Permit: Validity .................................................................................................................. 25
3.9
Development Permit Application Fees .................................................................................................... 25
3.10
Fee for Zoning Amendment Application .................................................................................................. 26
3.11
Concurrent Processing of Development Permits, Building Permits and Business Licenses .................. 26
3.12
Planned Unit Development ...................................................................................................................... 26
3.13
Referral under the Public Health Act ....................................................................................................... 26
3.14
Development Appeals Board ................................................................................................................... 26
3.15
Minor Variances ....................................................................................................................................... 27
3.16
Non-Conforming Buildings Uses and Sites ............................................................................................. 28
3.17
Development Permit - Invalid .................................................................................................................. 28
3.18
Cancellation ............................................................................................................................................. 29
3.19
Stop-Work ................................................................................................................................................ 29
3.20
Offences and Penalties............................................................................................................................ 29
3.21
Inspection of Premises ............................................................................................................................ 29
3.22
Bylaw Compliance ................................................................................................................................... 29
3.23
Performance Bonds ................................................................................................................................. 29
3.24
Liability Insurance .................................................................................................................................... 30
3.25
Registering Interests ................................................................................................................................ 30
3.26
Moving of Buildings .................................................................................................................................. 30
3.27
Demolition of Buildings ............................................................................................................................ 30
3.28
Temporary Development Permits ............................................................................................................ 30
3.29
Development Agreements ....................................................................................................................... 30
3.30
Servicing Agreements .............................................................................................................................. 30
4 GENERAL REGULATIONS ................................................................................................................................. 32
4.1
Licenses, Permits and Compliance with Other Bylaws and Legislation .................................................. 32
4.2
Principal Use Established ........................................................................................................................ 32
4.3
Multiple Uses ........................................................................................................................................... 32
4.4
Uses Permitted in All Zoning Districts ..................................................................................................... 32
4.5
Number of Principal Buildings on a Site .................................................................................................. 32
4.6
Accessory Buildings, Structures and Uses .............................................................................................. 33
Town of Pense Zoning Bylaw 2/2023
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4.6.5
Membrane Covered Structures........................................................................................................ 33
4.6.6
Trailers, Box Cars, Sea / Rail (Shipping) Containers ...................................................................... 34
4.6.7
Portable Storage Units ..................................................................................................................... 34
4.6.8
Swimming Pools or Ancillary Structures Containing Water ............................................................. 35
4.7
Private Garages, Sunrooms, Solariums and Greenhouses .................................................................... 35
4.8
Satellite Dishes ........................................................................................................................................ 35
4.9
(Tele)Communication Towers ................................................................................................................. 36
4.10
Development Standards for Discretionary Uses ..................................................................................... 36
4.10.1
Manufactured / Modular and RTM Homes ...................................................................................... 36
4.10.2
Home Based Businesses ................................................................................................................. 37
4.10.3
Bed and Breakfast Homes ............................................................................................................... 37
4.10.4
Day Care Centres and Pre-Schools ................................................................................................ 38
4.10.5
Personal Care Homes ..................................................................................................................... 38
4.10.6
Salvage Yards (Auto Wreckers) ...................................................................................................... 38
4.10.7
Campgrounds .................................................................................................................................. 39
4.10.8
Wind Power Turbines and Towers .................................................................................................. 39
4.10.9
Accessory Dwelling Unit (ADU) ....................................................................................................... 40
4.11
Front Yard Reduction ............................................................................................................................... 43
4.12
Frontage for Irregular Sites ...................................................................................................................... 43
4.13
Permitted Yard Encroachments ............................................................................................................... 43
4.14
Fence and Hedge Heights ....................................................................................................................... 43
4.15
Height of Buildings ................................................................................................................................... 44
4.16
Restoration to a Safe Condition ............................................................................................................... 44
4.17
Grading and Levelling of Sites ................................................................................................................. 44
4.18
Restrictions on Changes.......................................................................................................................... 44
4.19
Heritage Properties .................................................................................................................................. 44
4.20
Parking ..................................................................................................................................................... 45
4.21
Signage on Natural and Human Heritage Sites ...................................................................................... 45
4.22
Landscape Buffers ................................................................................................................................... 46
4.23
Site Development Regulations for Development Near Water Sources ................................................... 46
4.24
Closings ................................................................................................................................................... 46
4.25
Railway Crossings and Sight Distances .................................................................................................. 46
4.26
Consultation with Railways and Highways .............................................................................................. 47
4.27
Bareland Condominium Developments ................................................................................................... 47
4.28
Prohibited and Noxious Uses .................................................................................................................. 48
4.29
Disposal of Wastes .................................................................................................................................. 48
4.30
Solid and Liquid Waste Disposal Facilities .............................................................................................. 48
4.31
Medicinal Marijuana Production Facilities (MMPF) ................................................................................. 49
5 ZONING DISTRICTS AND MAPS ....................................................................................................................... 50
5.1
Zoning Districts ........................................................................................................................................ 50
5.2
The Zoning District Map........................................................................................................................... 50
5.3
Boundaries of Zoning Districts ................................................................................................................. 50
5.4
Holding Designation ................................................................................................................................. 50
5.5
Future Urban Development District - FUD .............................................................................................. 50
5.5.1
Permitted Uses ................................................................................................................................ 51
5.5.2
Discretionary Uses ........................................................................................................................... 51
5.5.3
Site Development Regulations ........................................................................................................ 51
5.5.4
Signage ............................................................................................................................................ 51
5.5.5
Single Detached Dwellings .............................................................................................................. 52
5.5.6
Accessory Buildings and Structures ................................................................................................ 52
5.5.7
Supplementary Regulations............................................................................................................. 52
Town of Pense Zoning Bylaw 2/2023
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5.6
Residential District - R1 ........................................................................................................................... 54
5.6.1
Permitted Uses ................................................................................................................................ 54
5.6.2
Discretionary Uses ........................................................................................................................... 54
5.6.3
Site Development Regulations ........................................................................................................ 54
5.6.4
Accessory Buildings and Structures ................................................................................................ 56
5.6.5
Development Standards for Mobile home Replacements ............................................................... 56
5.6.6
Signage ............................................................................................................................................ 56
5.7
Residential Low Density District- R1A ..................................................................................................... 57
5.7.1
Permitted Uses ................................................................................................................................ 57
5.7.2
Discretionary Uses ........................................................................................................................... 57
5.7.3
Site Development Regulations ........................................................................................................ 57
5.7.4
Accessory Buildings and Structures ................................................................................................ 58
5.7.5
Signage ............................................................................................................................................ 58
5.8
Residential Multiple Dwelling District - R2 .............................................................................................. 59
5.8.1
Permitted Uses ................................................................................................................................ 59
5.8.2
Discretionary Uses ........................................................................................................................... 59
5.8.3
Site Development Regulations ........................................................................................................ 59
5.8.4
Accessory Buildings and Structures ................................................................................................ 61
5.8.5
Signage ............................................................................................................................................ 62
5.9
Live / Work Residential Acreage District- RA .......................................................................................... 63
5.9.1
Permitted Uses ................................................................................................................................ 63
5.9.2
Discretionary Uses ........................................................................................................................... 63
5.9.3
Prohibited Uses ............................................................................................................................... 64
5.9.4
Site Development Regulations ........................................................................................................ 64
5.9.5
Supplementary Regulations............................................................................................................. 64
5.9.6
Accessory Building and Structure Regulations................................................................................ 65
5.9.7
Signage ............................................................................................................................................ 65
5.10
Commercial District - C1 ......................................................................................................................... 66
5.10.1
Permitted Uses ................................................................................................................................ 66
5.10.2
Discretionary Uses ........................................................................................................................... 66
5.10.3
Site Development Regulations ........................................................................................................ 67
5.10.4
Signage ............................................................................................................................................ 67
5.10.5
Parking ............................................................................................................................................. 67
5.10.6
Landscaping .................................................................................................................................... 67
5.10.7
Outside Storage ............................................................................................................................... 68
5.10.8
Supplementary Regulations............................................................................................................. 68
5.11
Industrial District - I1 ............................................................................................................................... 69
5.11.1
Permitted Uses ................................................................................................................................ 69
5.11.2
Discretionary Uses ........................................................................................................................... 69
5.11.3
Prohibited Uses ............................................................................................................................... 70
5.11.4
Site Development Regulations ........................................................................................................ 70
5.11.5
Outside Storage ............................................................................................................................... 70
5.11.6
Signage ............................................................................................................................................ 71
5.11.7
Parking ............................................................................................................................................. 71
5.11.8
Loading Requirements ..................................................................................................................... 72
5.11.9
Performance Standards ................................................................................................................... 72
5.11.10 Landscaping .................................................................................................................................... 73
5.12
Community Service District - CS ............................................................................................................ 74
5.12.1
Permitted Uses ................................................................................................................................ 74
5.12.2
Discretionary Uses ........................................................................................................................... 74
5.12.3
Site Development Regulations ........................................................................................................ 75
5.12.4
Signage ............................................................................................................................................ 76
Town of Pense Zoning Bylaw 2/2023
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5.12.5
Parking ............................................................................................................................................. 76
5.12.6
Landscaping .................................................................................................................................... 76
5.13
Consolidated Tables of Zoning Requirement Regulations ...................................................................... 77
5.13.1
Minimum Site Area m2 [ft2] ............................................................................................................. 77
5.13.2
Minimum Floor Area m [ft] ............................................................................................................... 78
5.13.3
Minimum Site Frontage m [ft] ........................................................................................................... 79
5.13.4
Maximum Height m [ft] ..................................................................................................................... 80
5.13.5
Maximum Site Coverage % ............................................................................................................. 81
5.13.6
Minimum Parking Spaces ................................................................................................................ 82
5.13.7
Minimum Front Yard m [ft] ............................................................................................................... 83
5.13.8
Minimum Rear Yard m [ft] not abutting a public street, lane or railway right-of-way ....................... 84
5.13.9
Minimum Rear yard m [ft] abutting a public street, lane or railway right-of-way .............................. 85
5.13.10 Minimum Side Yard m [ft] not abutting a public street ..................................................................... 86
5.13.11 Minimum Side Yard m [ft] abutting a public street ........................................................................... 87
6 REPEAL AND ADOPTION .................................................................................................................................. 88
APPENDIX "A" - Development Permit Application ................................................................................................... 89
APPENDIX "B" - Notice of Decision for a Development Permit ............................................................................... 93
Town of Pense Zoning Bylaw 2/2023
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1
INTRODUCTION
1.1
AUTHORITY
Under the authority granted by The Planning and Development Act, 2007, the Mayor and Council of the Town of Pense in
the Province of Saskatchewan, in open meeting, hereby enact as follows:
1.2
TITLE
This Bylaw shall be known and may be cited as the "Zoning Bylaw" of the Town of Pense.
1.3
PURPOSE
The purpose of this Bylaw is to regulate development and to control the use of land in the Town of Pense in accordance
with the Official Community Plan (OCP), Bylaw 1/2023.
The intent of this Zoning Bylaw is to provide for the amenity of the area within the Town of Pense (hereinafter referred to
as the Town) and for the health, safety, and general welfare of the inhabitants of Pense and area:
a) To minimize land use conflicts;
b) To establish minimum standards to maintain the amenity of the Town;
c)
To ensure development is consistent with the physical limitations of the land;
d) To restrict development that places undue demand on the Town for services; and
e) To provide for land-use and development that is consistent with the goals and objectives of the Town.
1.4
SCOPE
This Bylaw applies to all land included within the boundaries of the Town of Pense. All development within the limits of the
Town of Pense shall hereafter conform to the provisions of this Bylaw.
1.5
SEVERABILITY
A decision of a Court that one or more of the provisions of this Bylaw are invalid in whole or in part does not affect the validity,
effectiveness, or enforceability of the other provisions or parts of the provisions of this Bylaw.
Town of Pense Zoning Bylaw 2/2023
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2
DEFINITIONS
Whenever the subsequent words or terms are used in the Official Community Plan, Bylaw No. 1/2023 and this Bylaw, they
shall have the following definition unless the context indicates otherwise.
Abattoir: A facility for butchering or slaughtering animals,
and to dress, cut, inspect meats, refrigerate, cure and
manufacture by-products.
Abutting: Either
a)
Touching or sharing a common point, line or
boundary, or
b)
Separated from any common point, line or boundary
measured from the two closest points on the property
by only:
i. An existing or planned lane;
ii. An existing or planned easement less than 9 m in
width;
iii. An undeveloped lot or portion of a lot less than 9
m in width;
iv. An existing or planned road right-of-way less than
9 m in width.
Accessory Building or Use: A building or use that:
a)
Is subordinate to and serves the principal building or
principal use;
b)
Is subordinate in area, mass, extent, and purpose to
the principal building or principal use served;
c)
contributes to the comfort, convenience, or necessity
of occupants of the principal building or assists the
principal use;
d)
and is located on the same site as the principal
building or principal use served.
Accessory Dwelling Unit (ADU): A secondary dwelling
on the same site as, or attached to, a principal dwelling.
Adjacent: Contiguous or would be contiguous if not for a
river, stream, railway, road or utility right-or-way or reserve
land; and any other land identified in this Bylaw as
adjacent land for the purpose of notification.
Administrator: The Administrator of the Town of Pense.
Aggregate Material: Mineral materials including sand,
gravel, clay, earth or mineralized rock, including recycled
concrete.
Agricultural: A use of land, buildings or structures for the
purpose of animal husbandry, fallow, field crops, forestry,
market gardening, pasturage, private greenhouses and
includes the growing, packing, treating, storing and sale of
produce produced on the premises and other similar uses
customarily carried on in the field of general agriculture.
Alteration or Altered: With reference to a building,
structure or site means a change from one major
occupancy class or division to another, or a structural
change such as an addition to the area or height, or the
removal or part of a building, or any change to the
structure such as the construction of, cutting into or
removal of any wall, partition, column, beam, joist, floor or
other support, or a change to or closing of any required
means of egress or a change to the fixtures, equipment,
cladding, trim, or any other items regulated by this Bylaw
such as parking and landscaping.
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 Clinic: A building or part thereof used by a
qualified veterinarian for the care and treatment of animals
involving outpatient care and medical procedures involving
hospitalization but shall not include the keeping of animals
in outdoor pens.
Apartment Building: A building containing 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, motel or
rooming house.
Applicant: A developer or person applying for a
Development Permit under this Bylaw or for a subdivision
approval to an approving authority under The Planning
and Development Act 2007.
Artisan Studio: A building or portion of a building
designated for an artisan (e.g. performing, visual and
participatory art).
Town of Pense Zoning Bylaw 2/2023
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Assembly: A land use class including land uses where
members of the general public gather for a variety of
purposes (e.g. recreation, religious, community,
ceremonial).
Attic: That portion of a building situated wholly or in part
within the roof and which is less than one-half story.
Auto Wrecker: An area where motor vehicles as
disassembled, dismantled or junked, or where vehicles not
in operable condition, or used parts of motor vehicles, are
stored or sold to the general public permitted as a
discretionary use in Industrial District.
Awning: A structure that is mechanical and fabricated
from plastic, canvas or metal that is spread across a frame
designed to be attached to a wall and hung above a
doorway or window.
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 in The
Condominium Property Act, 1993.
Basement: That portion of a building that is partly or
wholly underground.
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;
(c) the meal which is provided is served before noon
each day; and,
(d) is licensed as a tourist home under The Tourist
Accommodation Regulations, 1969.
Billboard: A private free-standing sign, including
supporting structure, which advertises goods, products,
services, organizations, of facilities that are available from,
located on, or refer to a site other than the site on which
the sign is located.
Block: An area bounded by four public streets, excluding
a lane.
Block Face: One side of a street between two consecutive
public land features (such as roads, waterways, publicly
owned easements) that are 10 metres wide or wider and
intersect the street. On a cul-de-sac, lots fronting the
traffic bulb for a separate block face.
Buffer: A strip of land, vegetation or land use that
physically separates two or more different land uses.
Building: A structure constructed on, in, or over land and
used for the shelter or accommodation of persons,
animals, goods, chattels or equipment, and includes any
structure covered by a roof supported by walls or columns.
Building Bylaw: A Bylaw of the Town of Pense to
regulate the erection, alteration, repair, occupancy, or
maintenance of buildings and structures, as provided for
under The Construction Codes Act, 2022.
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 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 of the lots have been
built on.
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.
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.
Building Permit: A permit, issued under The Building
Bylaw of the Town of Pense, authorizing the construction
of, or the addition to, any building but does not include a
Development Permit.
Town of Pense Zoning Bylaw 2/2023
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Building, Height: the vertical distance of a building
measured from the grade level to the highest point of the
roof surface, if a flat roof; to the deck line of a mansard
roof; and to the mean height level between eaves and
ridge for a gable, hip or gambrel roof (refer to Figure 2-1).
Bulk Petroleum Sales and Storage: includes land,
buildings, and structure for the storage and distribution of
fuels and oils including retail sales or key-lock operation.
Bylaw: The Town of Pense Zoning Bylaw.
Campground: An area used for a range of overnight
camping experiences, from tenting to serviced trailer sites,
including accessory facilities which support the use, such
as administration offices and laundry facilities, but not
including the use of mobile homes or trailers on a
permanent year-round basis.
Cardlock Operation: A petroleum dispensing outlet
without full-time attendants.
Carport: A building or structure or part thereof, where at
least 40% of the area of the perimeter is open and
unobstructed by a wall, door, post or pier and which is
used for the parking or storage of motor vehicles.
Cemetery: A cemetery or columbarium within the meaning
of The Cemeteries Act Chapter C-4, R.S.S. 1981, as
amended from time to time.
Club: A group of people organized for a common purpose,
to pursue common goals, interest or activities, and usually
characterized by certain membership qualifications,
payment of dues or fees, regular meetings, and a
constitution and bylaws.
Commercial Use: The use of land, building(s), or
structure(s) for the purpose of buying and selling
commodities and supplying professional and personal
services for compensation.
Commercial/Industrial Use, Large Scale: Commercial or
industrial land uses maintaining a lineal frontage in excess
of 91.0 metres (298.56 feet).
Commercial/Industrial Use, Small Scale: Commercial or
industrial land uses maintaining a lineal frontage of 91.0
metres (298.56 feet) or less.
Community Facilities: Buildings or facilities used for
recreational, social, educational or cultural activities and
that are owned by a municipal corporation, non-profit
corporation or other non- profit organization.
Compost: Materials used in gardening, agriculture,
landscaping, erosion control, wetland construction, and
landfill cover.
Conservation: The planning, management and
implementation of an activity with the objective of
protecting the essential physical, chemical and biological
characteristics of the environment.
Condominium: Land, buildings, and units, including
private and common property as defined under The
Condominium Property Act.
Construction Trades: Offices, shops and warehouses,
with or without retail sales for trades associated with
construction of buildings (see Contractors Yard).
Contractors Yard: The yard of a contractor or company,
including landscaping materials used as a depot for the
storage and maintenance of equipment used by the
contractor or company, and includes facilities for the
Town of Pense Zoning Bylaw 2/2023
- 10 -
administration or management of the business and the
stockpiling or storage of supplies used in the business.
Convenience Store: A store offering for sale primarily
food products, beverages, personal care items, hardware
and printed matter and which primarily provides a
convenient day-to-day service to residents in the vicinity.
Council: The Council of the Town of Pense.
Day Care: An establishment providing for the care,
supervision and protection of children or adults but does
not include the provision of overnight supervision.
Deck: Any raised floor structure at least 0.3 m above the
average ground level upon which it is constructed, either
adjacent to a building or free-standing with stairway, ramp,
or similar access.
Development: The carrying out of any building,
engineering, mining, or operations in, on, or over land, or
making of any material change in the use or intensity of
use of any building, or land, and shall include, but not be
limited to, excavating, filling, grading or drainage of land.
Development Officer: An employee of The Town
appointed by the Administrator to act as a Development
Officer to administer this Bylaw.
Demolition Permit: A permit issued for the removal or
dismantling of a building or structure with the Town's
boundaries as prescribed under Section 13 of The Uniform
Building and Accessibility Standards Act.
Development Permit: A document issued by the Council
of the Town of Pense that authorizes development
pursuant to this Bylaw but does not include a building
permit.
Discretionary Use: Uses or development of land,
buildings, or other structures that may be permitted in a
zoning district only at the discretion of Council and which
conforms to all discretionary use regulations and other
regulations applicable to the district in which the use is
located.
Driveway: A hard surfaced private right-of-way adjoining
and providing access for vehicles from a street, boulevard,
curb, or sidewalk to a carport, garage or hard surfaced
parking pad.
Dwelling: A building or part of a building intended for
residential occupancy.
Types of Principal Dwellings
Dwelling, Duplex: A building that is divided into two
(2) dwelling units with separate entrances and
separated by a common party wall or floor.
Dwelling, Live/Work: A dwelling unit, part of which
may be used as a business establishment (see Home
Based Business), where the dwelling unit is the
principal residence of the business operator permitted
only in the Live/Work Residential Acreage District.
Dwelling, Manufactured/Modular: A factory-built, one
or two section dwelling, conforming to CSA Standard
Z240 and A277 certification, and which is transported
to the site for placement on a fixed approved
foundation which complies with the requirements of the
National Building Code.
Dwelling, Mobile Home: A portable factory-built, one
or two section dwelling built on a metal chassis,
confirming to CSA Standard Z240MH and A277
certification, and which is transported to the site for
placement on either a fixed approved foundation which
complies with the requirements of the National Building
Code or placement on footings with skirting.
Dwelling, Multiple Unit: A building containing three or
more dwelling units and shall include condominiums,
townhouses, row houses, and apartment buildings as
distinct from a rooming house, hotel, or motel.
Dwelling, Ready-to-Move (RTM): A "stick-built home"
is a building that is fully assembled by the seller prior to
sale that is a single structure designed for use with a
permanent foundation as a domestic residence and is
entirely constructed away from the site transported as
a single unit to the building site for installation on a
permanent foundation.
Dwelling, Rooming House: A dwelling unit that is the
primary residence of the owner and in which rooming
units are provided by the owner for permanent
occupancy and compensation to individuals not related
by blood, marriage or adoptions to the owner and the
kitchen and washroom are shared.
Dwelling, Row House: 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
Town of Pense Zoning Bylaw 2/2023
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direct access to the outside at grade and is not wholly
or partly above another dwelling.
Dwelling, Semi-Detached: A building divided
vertically into two (2) dwelling units by a common wall
extending from the base of the foundation to the
roofline.
Dwelling, Single-Detached: A building containing only
one dwelling unit and shall not include a mobile home
as herein defined.
Types of Accessory Dwellings
Dwelling, Garage Suite: A subordinate, self-contained
dwelling unit in a detached garage in the rear yard and
is accessory to a Single-Detached dwelling.
Dwelling, Garden Suite: A subordinate, self-contained
ground-oriented dwelling unit in an accessory building
in the side or rear yard that is accessed from the public
street at the frontage of the property and is accessory
to a Single-Detached dwelling.
Dwelling, Laneway Suite: A subordinate, self-
contained ground-oriented dwelling unit in an
accessory building accessed from the adjacent lane
and is accessory to a Single-Detached dwelling.
Dwelling, Shipping Container conversion: A
subordinate, self-contained dwelling unit in a mobile
storage container (rail or sea) in the side or rear yard
and is accessory to a Single-Detached dwelling.
Dwelling, Secondary Suite: A subordinate, self-
contained dwelling unit within a building that contains a
principal Dwelling Unit and where both dwelling units
constitute a single real estate entity.
Dwelling, Tiny House: A subordinate, self-contained
dwelling unit not on wheels in an accessory building in
the side or rear yard and is accessory to a Single-
Detached dwelling.
Dwelling Group: A group of single-detached, semi-
detached, or multiple unit dwellings clustered on one lot or
site, built as one development.
Dwelling, Unit: One or more habitable rooms used, or
fully capable of being used as a residence, where each
unit provides sleeping, cooking, and toilet facilities. See
also Accessory Dwelling Unit (ADU)
Easement: The right, as registered to a property title, to
cross or otherwise use another person's land, usually for a
specified purpose.
Educational Institution: An establishment dedicated for
the purpose of providing education and instruction in any
branch of knowledge.
Existing: In place, or taking place, or with all approvals
and permits in place on the date of the adoption of this
Bylaw.
Farm Building: Improvements such as barns, granaries,
etc. used in connection with the growing and sale of trees,
shrubs and sod or the raising or production of crops,
livestock or poultry, fur production, bee keeping and
situated on a parcel of land used for the farm operation.
Fill (Clean Fill): Soil, rock or other material approved by
the Town.
Fence: A barrier, or other upright structure used to
enclose or screen areas of land.
Flankage: The side site line of a corner site which abuts
the street.
Flanking: Means to the side of a lot, parcel or site.
Flood: A temporary rise in the water level that results in
the inundation of areas not ordinarily covered by water.
Flood Level (Design):
a) a 1:500 year flood;
b) a flood having a return period greater than 1:500 years;
c) a recorded flood having a water surface elevation
equal to or exceeding that of a 1:500 year flood.
Flood Fringe: The portion of the floodplain inundated by
the 1:500 year flood that is not floodway.
Flood Plain: Means the area inundated by water from a
watercourse or water body during a 1:500 year flood and
is made up of a floodway and the flood fringe.
Flood-proofed: A measure, or combination of structural
and non-structural measures, incorporated into the design
of a structure, which reduces or eliminates the risk of flood
damage to a defined elevation.
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Floodway: The portion of the flood plain adjoining the
channel where the waters in the 1:500 year flood are
projected to meet or exceed a depth of one (1) metre or a
velocity of one (1) metre per second.
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, veranda, open
deck, unfinished attic, or unfinished basement and in a
commercial or industrial building, any utility room.
Freeboard Elevation: The elevation of the Design Flood
Level (the 1:500 flood elevation) plus an extra 0.50 metres
(1.64 feet) to provide protection against wave run-up and
ice surge.
Future Land Use Plan (Map): A comprehensive
document compiled by a local government that identifies
goals and strategies for future development or
preservation of land. In its projections, the map specifies
certain areas for residential growth and others for
agriculture, industry, commercial and conservation. The
Future Land Use Plan for the Town of Pense is attached
as Appendix "A" in the Official Community Plan.
Frontage: The distance across the street side of a site (a
site must front on a street), between the points where the
side lines of the lot meet the street right of way or
boulevard; or, where a site is irregular in shape and is
narrowest at the front street end, the width of the site shall
be measured parallel to the street line at the centre of the
front site line, and at a setback from the front site line no
greater than the minimum permitted building setback.
Garage, Private: A building or part of a building used for
or intended to be used for the storage of motor vehicles
and wherein neither servicing nor repairing of such
vehicles are carried on for remuneration, other than an
approved Home Based Business.
Garage, Public: A building or place where motor vehicles
are stored or repaired for remuneration but does not
include car washing establishments, an auto sales lot or
an automobile service station.
Gas Bar: A building or place where fuel and automotive
fluids are sold and may be added to a vehicle on the
property, and which may have a convenience store and/or
restaurant.
General Commercial Type I: Those developments where
activities and uses are primarily carried on within an
enclosed building intended to provide for the
merchandising of refined good and services targeted for
the travelling public and the surrounding community for
financial gain.
General Industry Type I: Those developments where
activities and uses are primarily carried on within an
enclosed building where no significant nuisance factor is
created or apparent outside an enclosed building.
Developments of this type shall not pose, in the opinion of
a Development Officer, any significant risk of interfering
with the amenity of adjacent sites because the nature of
the site, materials or processes and shall include but not
be limited to the following activities:
a)
the assembling of goods, products or equipment;
b)
the limited processing of raw, value-added or finished
materials;
c)
the storage or transshipping of materials, goods and
equipment;
d)
the training of personnel in general industrial
operations;
e)
it may include any indoor display, office, technical or
administrative support areas or any sales operation
accessory to the general industrial uses.
General Industry Type II: Those developments in which
all or a portion of the activities and uses are carried on
outdoors, without any significant nuisance or
environmental factors such as noise, appearance, or
odour, extending beyond the boundaries of the site.
Developments of this type shall not pose, in the opinion of
a Development Officer, any significant risk of interfering
with the amenity of adjacent sites because the nature of
the site, materials or processes and shall include but not
be limited to the following activities:
a)
manufacturing, fabricating, processing, assembly,
finishing, production or packaging of materials, goods
or products;
b)
the storage or transshipping of materials, goods and
equipment;
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c)
the cleaning, servicing, repairing or testing of
materials, goods and equipment normally associated
with industrial or commercial businesses or cleaning,
servicing and repair operations to goods and
equipment associated with personal or household
use, where such operations have impacts that would
make them incompatible in non-industrial districts.
General Industry Type III: See Industrial Exclusionary
Uses.
Grade: The average elevation of the natural ground level
at the walls of a building or structure as determined by the
elevation of the four outside corners of the building. For
the purpose of calculating the height of a building with a
walk-out basement, the grade shall be the average
elevation of the natural ground level at the wall that is
adjacent to the front lot line.
Greenhouse, Commercial: A building for the growing of
flowers, plants, shrubs, trees and similar vegetation that
are not necessarily transplanted outdoors on the same site
but are sold directly at wholesale or retail from the site.
Greenhouse, Private: A building for the growing of
flowers, plant, shrubs, trees and similar vegetation that are
transplanted outdoors on the same site containing such
greenhouse(s), and where greenhouse products may not
be offered for sale.
Greenway: A linear park which may accommodate
pathways principally for foot traffic and/or bicycles.
Typically, greenways are planned along creeks or streams
and managed as natural environments or bikeways along
landscaped roads.
Hazardous Material/Substance: As defined in The
Hazardous Substance and Waste Dangerous Goods
Regulations; and any other substance that, because of its
quality, concentration or physical, chemical or infectious
characteristics, either individually or in combination with
other substances on the site is an existing or potential
threat to the physical environment, to human health or
other living organisms, in the opinion of the Development
Officer.
Health Service Facility (Health Clinic): A building or part
thereof used by qualified health service practitioners for
the treatment of human health needs.
Heritage Resource: The history, culture and historical
resources of an area and its residents.
Highway, Commercial: Commercial activities normally
located along highways, major roadways and in other
locations considered strategic by the type of business
involved serving the needs of local residents and the
traveling public.
Highway Sign Corridor: A strip of land parallel and
adjacent to a provincial highway, where private signs may
be permitted to advertise goods and services of local area
businesses and attractions, as provided by regulations of
the Department of Highways entitled "The Erection of
Signs Adjacent to Provincial Highway Regulations, 1986",
as may be amended from time to time.
Home Based Business: An occupation, trade, profession,
or craft customarily conducted for monetary gain in a
dwelling unit or accessory building by the resident or
residents, which is incidental and secondary to the
principal use of the site, and which does not create or
become a public nuisance as a result of noise, traffic,
pollution, or parking.
Hotel: A building or structure or part of a building or
structure in which sleeping accommodation with or without
meals is provided for tourists or travelers, and where a
guest register or record is kept, but does not include a
motel or rooming house.
Industrial Exclusionary Uses: Refers to certain industrial
activities that may be characterized as exhibiting a high
potential for adversely affecting the safety, use, amenity or
enjoyment of adjacent and nearby industrial and non-
industrial sites due to their scale, appearance, noise,
odour, emissions and hazard potential. Such activities are
considered exclusionary when the only means of
mitigating the associated negative effects on surrounding
land uses is through spatial separation. Exclusionary uses
would include but not be limited to the following: Landfill,
ethanol plant, transformer stations, uranium refineries, and
anhydrous ammonia storage and distribution centres.
Industrial Park: An area of land set aside for industrial
development.
Industrial Use: The use of land, buildings or structures for
the manufacturing, assembling, processing, fabrication,
warehousing or storage of goods and materials.
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Institutional Use: The use of land, buildings, or structures
for religious, charitable, educational, health or welfare
purposes and includes churches, public or private schools,
nursery schools, hospitals, and special care.
Intermodal Freight Container: Is a standardized
reusable steel box used for the safe, efficient and secure
storage and movement of materials and products within a
global containerized intermodal freight transport system
"Intermodal" indicates that the container can be moved
from one mode of transport to another (from ship, to rail, to
truck) without unloading and reloading the contents of the
container. Lengths of containers, which each have a
unique ISO 6346 reporting mark, vary from 2.44 metres to
17.07 metres (8 feet to 56 feet) and heights from 2.44
metres to 2.90 metres (8 feet to 9 feet 6 inches).
Kennel, Commercial Dog: An accessory building or
enclosure intended to house one or more domestic
animals.
Landscaped Area: An area not built upon and not used
for any purpose other than as an open space that may
include grass, shrubs, flowers, trees, and similar types of
vegetation and may contain paths, walks, patios, fences
and similar outdoor amenities, but does not include
parking areas, parking lots, driveways or ramps.
Land Use: The purpose that the land serves or the
operation on the land.
Land Use Zoning District: Divisions identified in the
Zoning Bylaw establishing permitted and discretionary
uses of land or buildings with attendant regulations.
Lane: A secondary public thoroughfare intended primarily
to give access to the rear or side of the abutting property.
Licensed Premise: An establishment, or portion thereof,
where the primary business is the sale of beverage alcohol
for consumption on the premises, with or without food.
This includes Bars, Taverns, Lounges and Restaurants.
Livestock: Domesticated animals used primarily as
beasts of burden or to produce fur, hides, meat, milk, eggs
or other product, or as breeding stock, but excluding
companion animals.
Live/Work Residential Acreage: A residential
development where the owner's principal source of income
is derived from a source other than agriculture, and where
an on-site occupation or activity is permitted including the
interior storage of material and the maintenance of
equipment related to the occupation.
Loading Space: a space measuring at least 2.5 m in
width and 8.4 m in depth, located on a lot, and having
access to a street or lane in which a vehicle may park to
load or unload.
Lot: An area of land with fixed boundaries on record with
the Information Services Corporation (ISC) by Certificate
of Title. For the purposes of this Bylaw the terms "lot" and
"site" shall be deemed not to mean the same.
Manufacturing Establishment: A firm or business
engaged in the mechanical or chemical transformation of
materials or substances into new products including the
assembling of components parts, the manufacturing of
products and the blending of materials.
Mayor: The Mayor of the Town of Pense.
Medicinal Marijuana Production Facility (MMPF) - A
facility, licensed by the Federal Government for all onsite
activities, used solely for the growing, production,
manufacturing, processing, testing, destroying, labeling,
packaging, storing, and shipping of marijuana and
marijuana products for medical purposes. This does not
include the retail sale of marijuana for recreational
purposes.
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, tarp sheds, 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.
Mixed-Use: A mix of land uses that facilitate the mixing,
rather than separation of, land uses in one distinctive
environment, either vertically in the same building or
horizontally adjacent. It is intended to be compatible with
adjacent uses.
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Mobile Home: See Dwelling, Manufactured/Mobile Home
Modular Home: See Dwelling, Modular
Modular (Manufactured) Home Subdivision: Any
subdivision of land and the development thereof for the
purpose of accommodating modular homes in such a
manner that each home is situated on its own site, which
shall contain a minimum site area of 465 m², and in which
all sites, public open space, internal streets, buffer zones,
and other amenity areas form a contiguous area of
development.
Motel: A building or buildings consisting of a number of
individual rental units, intended for the use of the traveling
public, each containing at least a bedroom and bathroom,
and each having convenient access to a parking space for
the use of the occupants of the units and may or may not
provide food service.
Multiple-Use Building: A building containing two (2) or
more distinct uses, each of which is allowed in the Zoning
District in which the building is located.
Multiple Complimentary (Vertically Integrated)
Activites: The accommodation of multiple complimentary
activities which could be considered principal permitted
uses under single or multiple ownership within one or
more buildings on a single site where these uses are
considered to provide additional processing and / or the
sale of manufactured goods produced onsite.
Municipality: The Town of Pense.
Municipal Reserve: Dedicated lands that are provided to
a municipality for public use, or that were dedicated as
public reserve and transferred to a Municipality pursuant to
of The Planning and Development Act, 2007.
Museum: An institution that is established for the purpose
of acquiring, conserving, studying, interpreting, assembling
and exhibiting to the public for its instruction and
enjoyment, a collection or artifacts of historical interest.
Natural Areas: An area relatively undisturbed by human
activities and characterized by indigenous species
including remnant or self-sustaining areas with native
vegetation, water or natural features.
Non-Conforming Use: Any use of land, building or
structure lawfully existing or under construction where
permits have been issued at the time of the passing of this
Bylaw, the use of which does not comply with all the
regulations of this Bylaw governing the Zoning District in
which it is located.
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.
Noxious Use or Condition: Any use or facility that
causes or produces harmful or hazardous noise, vapors,
smoke, dust (particles suspended in or transported by air),
vibrations, electrical or electromagnetic fields, glare, or
light.
Office or 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,
trans-shipped, sold or processed.
Official Community Plan (OCP): The Official Community
Plan for Pense is Bylaw 1/2023.
Open Space: Passive and structure leisure and recreation
areas that enhance the aesthetic quality and conserve the
environment of the community, including parks, recreation
and tourism nodes, and natural areas.
Parking Lot: An open area, other than a street, used for
the temporary parking of more than four vehicles and
available for public or private use.
Parking Space: A space within a building or parking lot for
the parking of one (1) motor vehicle including convenient
access to a public lane or street and shall be not less than
3.0 m wide and 5.5 m in length.
Patio: Any hard surface or floor structure less than 0.3 m
above the average ground level upon which it is
constructed.
Permitted Use: The use of land, buildings or other
structures that shall be permitted, provided the use
conforms to the development standards and regulations of
this Zoning Bylaw.
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Person: A "person" shall apply to an individual,
association, firm, partnership, corporation, trust, or agent,
and their heirs, executors, or other legal representatives of
a person to whom the same can apply according to the
law.
Personal Care Home: A licensed or approved group care
home governed by Provincial regulations that provide, 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.
Personal Service Trades: A building or part of a building
in which persons are employed in furnishing services and
administering to customer's personal and or grooming
needs but does not include the provision of health-related
services.
Places of Worship: A building set aside by any religious
organization for public worship. Typical uses include
churches, chapels, mosques, temples, synagogues and
parish halls.
Pond: Any constructed containment of water for the
purpose of landscape enhancement, keeping ornamental
fish or aquatic plants, or for other similar purposes, but not
a swimming pool.
Portage Storage Unit: A transportable storage container
that is designed and used for the storage of building
materials, household goods, personal items and other
materials for use on a temporary basis on a residential
property. Such units are uniquely designed for their ease
of loading to and from a transport vehicle.
Principal Use: The main or primary use and chief purpose
of land or structure, as distinguished from a secondary or
accessory use.
Public Work: A facility as defined under The Planning and
Development Act, 2007 including a system, work, plant,
equipment, or service, whether owned or operated by the
Municipality, or by a corporation under Federal or
Provincial statute, that furnishes any of the following
services and facilities to, or for the use of, the inhabitants
of the Town of Pense:
Communication by way of telephone lines, optical
cable, microwave, and cable;
Television services;
Delivery of water, natural gas, and electricity;
Public transportation by bus, rail, or other vehicle
production,
Collection and disposal of sewage, garbage, and
other wastes; and
Fire and Police Services.
Reconstruction: The structural alteration of supporting
elements of a building or other structure.
Recreational Use: The use of land for parks,
playgrounds, tennis courts, lawn bowling greens, indoor
and outdoor skating rinks and curling rinks, athletic fields,
golf courses, picnic areas, swimming pools, day camps,
campgrounds, community centers and all similar uses,
together with the necessary and accessory building sand
structures; but does not include the racing of animals or
motorized vehicles.
Recreational Vehicle: A vehicle, watercraft or portable
structure including a trailer on which a portable structure is
mounted, that can be towed, hauled, transported or driven
and which is designed to provide temporary living
accommodation for travel, vacation, or recreational use. It
has an overall length not exceeding 12.5 m (11.3 for a fifth
wheel travel trailer) and an overall width not exceeding 2.6
m where the width is the sum of the distance from the
vehicle centerline to the outermost projections on each
side (including door handles, water connections, etc.)
when the vehicle is folded or stowed away for transit.
Recreational Vehicle (RV) Park: An area of land,
managed as a unit, providing short-term accommodation
for motor homes and camping trailers, including accessory
facilities such as an administration office and laundry.
Recycling and Collection Depot (Community): A
building or structure intended to accommodate the
collection, sorting, processing and temporary storage of
recyclable household materials such as bottles, cans,
plastic containers, paper and paint that would otherwise be
considered waste. These types of uses do not include any
outdoor processing or storage.
Residential Business: See Home Based Business.
Residential Care Home: See Personal Care Home
Residential Use: The use of land, buildings, or structures
for human habitation.
Town of Pense Zoning Bylaw 2/2023
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Restaurant: A building or part of a building wherein food
is prepared and offered for sale to the public primarily for
consumption within the building. Limited facilities may be
permitted to provide a take-out food function provided that
such a facility is clearly secondary to the primary
restaurant use.
Retail Store (Shop): A building or part thereof, or a place,
where goods, wares, merchandise, substances, or articles
are offered or kept for sale or rent and may include
servicing and the manufacture of products on site for sale
on the site so long as the gross floor area used for
manufacturing does not exceed 25% of the gross floor
area of the retail store.
Right-Of-Way: The land set aside for use as a roadway or
utility corridor. Rights-of-way are purchased prior to the
construction of a new road or utility line, and usually
enough extra land is purchased for the purpose of
providing mitigative features. Sometimes road rights of
way are left vacant after the initial roadway facility is
constructed to allow for future expansion.
RTM (Ready to Move) Home: See Dwelling, Ready-to-
Move (RTM)
Satellite Dish: A parabolic antenna utilized for the
reception of satellite transmitted television or radio waves.
Salvage Yard (Wrecking): A parcel of land where
second-hand, discarded or scrap materials are bought,
sold, exchanged, stored, processed or handled. Materials
include scrap iron, structural steel, rubber tires, discarded
goods, equipment, appliances or machinery.
School: An educational facility under the jurisdiction of a
Board of Education, a college, university, or any other
school established and maintained either wholly or
partially at public expense, whether or not the same is a
boarding school and includes any dormitory building
accessory to such school.
Secondary Suite: See Dwelling, Secondary Suite.
Self-contained: A dwelling unit having its own kitchen,
bathroom and entrance.
Self-service Storage Facility: A commercial business
that rents or leases storage rooms, lockers, containers,
modular storage units and/or outdoor space, for
businesses and individuals to store and access their
goods.
Service Station: A site used for the retail sale of
lubricating oils and fuel, automobile accessories, and for
the servicing and repairing of motor vehicles essential to
the operation of a motor vehicle; but does not include an
auto body or painting shop, car sales lot, or a car washing
establishment.
Setback: See Yard, Front Setback, Yard, Rear Setback
and Yard, Side Setback.
Shed: An accessory building or structure used for the
storage of goods which shall not exceed 9.3m² (100 sq ft)
in area.
Shipping Container: A container originally designed for
use as a means of storing and transporting cargo via ship,
rail, air or truck.
Shopping Centre/Strip Mall: A building or group of
buildings located on the same lot or site, in which four or
more of the uses allowed in the Zoning Districts are
located for their mutual benefit including the use of off-
street parking and other joint facilities.
Should, Shall or May:
Shall is an operative word which means the action is
obligatory.
Should is an operative word which means that to
achieve plan objectives, it is strongly advised that the
action be taken.
May is an operative word meaning a choice is available,
with no particular direction or guidance intended.
Sign: Any device, letter, symbol, emblem or picture, that is
affixed to or represented directly or indirectly upon a
building, structure, or a piece of land and that identifies or
advertises any object, product, place, activity, person,
organization, or business in such a way as to be visible to
the public on any street, thoroughfare, or any other public
place.
Billboard: A private free-standing sign, including
supporting structure, which advertises goods,
products, services, organizations, of facilities that are
available from, located on, or refer to, a site other than
the site on which the sign is located.
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Directional: A sign located off-site providing direction
to, and information about, a specific enterprise or
activity which does not contain general advertising.
Free-standing: A sign, except a billboard,
independently supported and visibly separated from a
building or other structure and permanently fixed to
the ground.
Projecting: A sign which is wholly or partially
dependent upon a building for support and which
projects more than 0.5 m from such building.
Real-Estate: A sign directly associated with the sale
of a property on which it is located, and which
maintains a gross surface area of less than 1.0 m2
(10.76 ft2).
Temporary: A sign which is not permanently installed
or affixed in position, advertising a product or activity
on a limited basis.
Sign, Height: The vertical distance measured from the
highest point of the sign to grade level at the centre of the
sign.
Site: An area of land, consisting of one or more lots
consolidated under a single certificate of title, considered
as a unit devoted to a certain use or occupied by a
building or a permitted group of buildings, and the
customary accessories and open spaces belonging to the
same.
Site Area: The total horizontal area within the site lines of
a site.
Site, Corner: A site at the intersection of two or more
public streets, or upon two parts of the same street, the
adjacent sides of which street or streets (or, in the case of
a curved corner, the tangents at the street extremities of
the side site lines) contain an angle of not more than one
hundred and thirty-five (135) degrees. In the case of a
curved corner, the corner of the site shall be that point on
the street at the point of intersection of the said tangents.
Site Coverage: The percentage of the site area covered
by all the buildings or structures above the ground level
excluding uncovered swimming pools, uncovered terraces,
uncovered porches and decks, except when the basement
walk out area is covered by a main floor deck.
Site Depth: The horizontal distance between the front site
and rear site lines, but where the front and rear site lines
are not parallel the site depth is the length of a line joining
the midpoint of such site lines.
Site, Through: A site other than a corner site, having
separate frontages on two streets.
Site, Width: The horizontal distance between the side
boundaries of the site measured at a distance from the
front lot line equal to the minimum front yard required for
the district in which the site is located.
Site Line: Any boundary of a site.
Site Line, Front: The line dividing the site from the street
in the case of an interior site. In the case of a corner site or
through site, the shorter site line abutting a street shall be
deemed the front site line and the longer site line abutting
a street shall be deemed the side site line. In the case of
a through site or a corner site whose side site lines are the
same length, the site line where the principal access to the
lot is provided shall be deemed to be the front site line.
Site Line, Rear: The site line at the rear of the site,
opposite the front site line.
Site Line, Side: A site line other than a front or rear site
line.
Site Plan: A document which indicates the location of
existing and proposed development on a site in
relationship to the site lines.
Special Care Facility (Home): An institutionalized nursing
home, supervisory care home, sheltered care home or
other facility used for the purpose of providing supervisory
care, personal care, and nursing care.
Special Needs Housing: Multiple unit dwellings or
dwelling groups operated by a non-profit corporation or
public authority and used exclusively for the domestic
habitation of senior citizens, disabled persons, occupants
of subsidized housing, or the cohabitant spouse and
children of persons noted above.
Stakeholders: Individuals, groups or organizations who
have a specific interest or "stake" in a particular need,
issue, situation or project and may include members of the
local community, community groups or local, provincial
and federal governments.
Town of Pense Zoning Bylaw 2/2023
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Storey: That portion of a building, other than an attic or
basement, between the upper surface of any floor and the
upper surface of the floor next above.
Storey, One-Half: That portion of a building situated
wholly or in part within the roof and in which there is
sufficient space to provide a height in accordance with the
National Building Code of Canada, between finished floor
and finished ceiling over a floor area which is not less than
one-third or more than two-thirds of the floor area of the
storey next below.
Street: The whole and entire width of every highway,
public road, or road allowance vested in Her Majesty in the
right of the Province of Saskatchewan and shown as such
on a plan of survey registered at the Information Services
Corporation (ISC).
Strip Mall (Mini Mall): A building of not more than 604.0
m2 (6501.61 ft2) in gross floor area in which a minimum of
three (3) and a maximum of six (6) of the permitted or
discretionary uses of the Zoning District are located
together for their mutual benefit.
Structure: Anything that is built, constructed or erected
that is located on the ground or attached to something
located on, or in the ground.
Structural Alteration: The construction or reconstruction
of supporting elements of a building or other structure.
Subdivision: A division of land and includes a division of
a quarter section into legal subdivision as described in the
regulations made pursuant to The Land Surveys Act,
2000.
Swimming Pool: An artificially created basin, lined with
concrete, fiberglass, vinyl or similar material, intended to
contain water for the use of persons for swimming, diving,
wading or other similar activity, which is 0.6 m or
more in depth at any point, and includes pools situated on
top of the ground and hot tubs.
(Tele)communication Facility: A structure situated on a
non-residential site that is intended for transmitting or
receiving television, radio or cellular communications,
excluding those used exclusively for dispatch
communications.
Temporary Garage: A temporary membrane covered
structure used primarily for the storage of vehicles or
other equipment accessory to a residential use only.
Tourist Campground: An area of land, managed as a
unit, providing short-term accommodation for tents,
camping trailers, motor homes and campers, including
accessory facilities such as administration offices and
laundry.
Town: The Town of Pense.
Trucking Firm Establishment: The use of land, buildings
or structures for the purpose of storing, servicing,
repairing, or loading trucks, transport trailers and/or buses,
but does not include an automobile service station,
transportation sales or rental outlets permitted in Industrial
District.
Use: The activity or purpose for which any land, building,
structure, or premises, or part thereof is arranged,
designed, or intended, occupied, or maintained.
Used For: Includes "arranged for", "designed for",
"intended for", "maintained for", and "occupied for".
Utility Shed: An accessory building or structure used for
the storage of goods with a maximum floor area of 14.0 m2
(144 ft2).
Vehicle Repair and Maintenance Service:
a)
Indoor: includes all land uses which perform
maintenance services to motorized vehicles and
contain all operations (except vehicle storage) entirely
within an enclosed building.
b)
Outdoor: maintenance services have all or any portion
of their operations located outside of an enclosed
building.
Warehouse: A building used for the storage and
distribution of wholesale goods and materials.
Waste Disposal Facility, Liquid: A facility to
accommodate any waste which contains animal, mineral
or vegetable matter in solution or suspension, but does not
include a septic system for a single residence or
farmstead, or a manure storage area for an intensive
livestock operation.
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Waste Disposal Facility, Solid: A facility or a temporary
storage facility, to accommodate discarded materials,
substances or objects which originated from residential,
commercial, institutional, and industrial sources which are
disposed of in municipal or private landfills, but not
including dangerous goods, hazardous waste or
biomedical waste.
Wind Energy Conversion Unit: A system composed of a
wind turbine, tower and associated control electronics with
a capacity of less than 100 kW for non-residential use or
10 kW for residential use. It will be considered an
accessory use and is intended to provide on-site power for
a principal use. A system having a rated capacity of 10
kilowatts (kW) or less for residential use or 100 kW or less
for non-residential uses shall be considered a private use
system for the purposes of the regulations.
Workshop: A small building where goods are
manufactured or repaired and all related activities are
conducted within an enclosed building with a minimal
amount of exterior storage of materials, goods, or waste
products.
Work Camp: A temporary industrial or construction camp
established for the purpose of providing accommodation
for employees, and without restricting the generality of the
above, the camp is usually made up of a number of mobile
units, clustered in such a fashion as to provide sleeping,
eating and other basic living facilities.
Yard: The open, uncovered space located on the same
site as a building, and unoccupied by buildings or
structures except as specifically permitted elsewhere in
this Bylaw. In determining yard measurements, the
minimum horizontal distance from the respective site lines
shall be used.
Yard, Front: That part of a site which extends across the
full width of a site between the front site line and the
nearest wall or supporting member of a principal building
or structure.
Yard, Front Setback: The distance between a front site
line and the closest wall or part of a building.
Yard, Rear: That part of a site which extends across the
full width of a site between the rear site line and the
nearest wall or supporting member of a principal building
or structure.
Yard, Rear Setback: The distance between a rear site
line and the closest wall or part of a building.Yard,
Required: The minimum yard required by a provision of
this Bylaw and within which, unless specifically permitted,
no building or structure, or part of a building or structure
shall be erected.
Yard, Side: That part of a site which extends from a front
yard to the rear yard between the side site line of a site
and the nearest wall or supporting member of a building or
structure, except where the supporting member is
supporting an uncovered patio or uncovered deck.
Yard, Side Setback: The distance between a side site line
and the closest wall or part of a building.
Zoning District: A classification type that the Town of
Pense applies to land to establish regulations and
standards for the subdivision, use and development of that
land.
Town of Pense Zoning Bylaw 2/2023
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Metric to Imperial Conversions*
*Conversions are rounded to the nearest decimal point
Distance (m - ft)
0.6 m
2 ft
17.0 m
55 ft
2.0 m
7 ft
19.8 m
65 ft
2.5 m
8 ft
30 m
98 ft
3.0 m
10 ft
46 m
150 ft
4.2 m
14 ft
50 m
164 ft
4.5 m
15 ft
75 m
246 ft
5.0 m
16 ft
80 m
262 ft
5.5 m
18 ft
90 m
295 ft
6.0 m
20 ft
100 m
328 ft
6.5 m
21 ft
150 m
492 ft
7.5 m
25 ft
200 m
656 ft
10 m
33 ft
230 m
755 ft
11 m
36 ft
305 m
1000 ft
12 m
39 ft
467 m
1532 ft
15 m
49 ft
15.3 m
50 ft
Area (m2 to ft2)
1.0 m2
10.7 ft2
100 m2
1076 ft2
0.5m²
5.4 ft2
150 m²
1615 ft²
5.0 m2
53.8 ft2
230 m²
2475 ft²
9.3 m2
100 ft2
450 m²
4844 ft²
37.2 m²
400 ft²
465 m²
5,005 ft²
45 m²
485 ft²
540m²
5812 ft²
50 m²
538 ft²
560 m²
6,000 ft²
56 m²
600 ft²
900 m²
9687 ft²
60 m²
646 ft²
930 m²
10,000 ft²
78 m²
839 ft²
6070 m²
1.5 acres
83.6 m²
900 ft²
0.8 hectare
2 acres
92.96m²
1,000 ft²
1 hectare
2.5 acres
2 hectares
5 acres
Town of Pense Zoning Bylaw 2/2023
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3
ADMINISTRATION AND INTERPRETATION
3.1
DEVELOPMENT OFFICER
3.1.1
The Town Administrator of the Town of Pense shall be the Development Officer responsible for the
administration of this Bylaw and in their absence by such other employee of the Municipality as the
Council designates from time to time.
3.1.2
The Development Officer shall:
a)
Receive, record and review development permit applications and issue decisions in consultation
with Council, particularly those decisions involving subdivision, discretionary uses, development
permit conditions, and development and servicing agreements;
b)
Maintain, for inspection by the public during office hours, a copy of this Bylaw, zoning maps and
amendments, and ensure that copies are available to the public at a reasonable cost;
c)
Make available, for public inspection during office hours, a register of all development permits and
subdivision applications and decisions;
d)
Collect development fees according to the fee schedule established in this Bylaw or any other
Development Fee Bylaw adopted by the Town; and
e)
Perform other duties as determined by Council.
3.1.3
The Development Officer shall be empowered to decide, in consultation with Council, regarding a
development permit application for a "Permitted use."
3.2
COUNCIL
3.2.1
Council shall make all decisions regarding Discretionary uses, Development and Servicing Agreements,
and Zoning Bylaw amendments.
3.2.2
Council shall make a recommendation regarding all subdivision applications circulated to it by
Saskatchewan Ministry of Government Relations prior to a decision being made by the Minister.
3.2.3
Council shall act on discretionary use, rezoning and subdivision applications in accordance with the
procedures established by The Planning and Development Act, 2007 and in accordance with the Official
Community Plan Bylaw No. 1/2023.
3.3
APPLICATION FOR A DEVELOPMENT PERMIT
3.3.1
Unless the proposed development or use is exempt from Development Permit requirements, before
commencing any principal or accessory use development, including a public work or utility use, every
developer shall:
a)
Complete and submit a Development Permit application, and (refer to Permit application in
Appendix "A"); and
b)
Receive a Development Permit for the proposed development.
Town of Pense Zoning Bylaw 2/2023
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3.3.2
A Development Permit shall not be issued for any use in contravention of any of the provisions of this
Bylaw and the Official Community Plan.
3.3.3
Except where a particular development is specifically exempted by Section 3.4 of this Bylaw, no
development or use shall commence without a Development Permit first being obtained.
3.4
DEVELOPMENT NOT REQUIRING A PERMIT
The following developments shall be exempt from Development Permit requirements, but shall conform to all
other Bylaw requirements (e.g., building permits, setbacks, environmental and development standards):
3.4.1
RESIDENTIAL ZONING DISTRICTS
a) Buildings and structures under 9.0 m² in area, which are accessory to a principal, residential use except
where such dwelling is a discretionary use;
b) The erection of any fence, wall, gate, television antennae, or radio antennae; and
c)
Relocation of any residential or accessory building provided development standards are still met on the site.
3.4.2
COMMERCIAL ZONING DISTRICTS
a) Buildings and structures that are accessory to a permitted, principal or commercial use, except where such
use is discretionary;
b) The erection of any fence or gate;
c)
A temporary building, the sole purpose of which is incidental to the erection or alteration of a building for
which a building permit has been granted.
3.4.3
ACCESSORY USES
All accessory uses, unless otherwise specified in this Bylaw.
3.4.4
OFFICIAL USES
Uses and buildings undertaken, erected, or operated by the Town of Pense.
3.4.5
INTERNAL ALTERATIONS
Residential Buildings
a) Internal alterations to a residential building, provided that such alterations do not result in a change of use or
an increase in the number of dwelling units within the building or on the site;
All Other Buildings
b) Internal alterations and maintenance to other buildings, including mechanical or electrical work, provided that
the use, or intensity of use of the building, does not change.
3.4.6
LANDSCAPING
Landscaped areas, driveways and parking lots provided the natural or designed drainage pattern of the
site and adjacent sites are not adversely impacted.
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3.5
INTERPRETATION
a)
Where any provision of this Bylaw appears unclear, Council shall make the final Bylaw interpretation; and
b)
All Bylaw requirements shall be based on the stated metric units. The imperial units shown in this Bylaw
shall be approximate guidelines only.
3.6
CONCEPT PLANS
3.6.1
A Concept Plan shall be completed prior to consideration of an application by Council by any person
proposing to rezone, subdivide or re-subdivide land for multi-parcel residential, commercial or industrial
purposes. The purpose of this review is to identify and address social, environmental, health and
economic issues and to encourage the development of high quality residential, recreational,
commercial, and industrial developments. The scope and required detail of the Concept Plan will be
based on the scale and location of the proposed development and shall address such areas as the
following:
a) Proposed land use(s) for various parts of the area;
b) The effect on adjacent land uses and integration of the natural landscape regarding the planning and design
of the area;
c)
The location of, and access to, major transportation routes and utility corridors;
d) The provision of services respecting the planning for future infrastructure within the Municipality;
e) Sustainable development and environmental management practices regarding surface and groundwater
resources, storm water management, flooding and protection of significant natural areas; and
f)
Appropriate information specific to the particular land use (residential, commercial or industrial)
3.6.2
The Concept Plan must be prepared in accordance with the overall goals and objectives of the Official
Community Plan. Council shall not consider any development application until all required information
has been received. The responsibility for undertaking all technical investigations and hosting public
meetings as required shall be borne solely by the applicant.
3.7
DEVELOPMENT PERMIT PROCEDURE
Where an application for a Development Permit is made for a permitted use in conformity with this Bylaw, The
Planning and Development Act, 2007 and all other Town Bylaws, the Council shall hereby direct the
Development Officer to issue a Development Permit.
3.7.1
DISCRETIONARY USE APPLICATION
3.7.1.1 Where an application for a Development Permit is made for a discretionary use, the Development
Officer shall advise the Council as soon as practicable.
3.7.1.2 As soon as practicable after Council is advised that an application has been made for a
Development Permit for a discretionary use, Council shall consider the application. Prior to making
a decision, Council may refer the application to whichever Government Agencies, the Industrial
Corridor Steering Committee or other interested groups as Council may consider appropriate.
Council also may require the application to be reviewed by planning, engineering, legal, or other
professionals. The fee for review of a discretionary use permit application is identified in the Fees
and Charges Bylaw Related to Planning and Development and is to be borne by the applicant.
Town of Pense Zoning Bylaw 2/2023
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3.7.1.3 Upon approval of a discretionary use by resolution of Council, the Development Officer shall issue
a Development Permit for the discretionary use at the location and under such terms and
development standards specified by Council in its resolution.
3.7.1.4 As per the Planning and Development Act, 2007, the Development Officer shall by mailing a copy
of the notice to the assessed owner of each abutting property and each assessed owner of property
within a 75.0 metre radius of the proposed development.
3.7.2
DEVELOPMENT PERMIT DECISION
3.7.2.1 The applicant shall be notified in writing of the decision of their application within thirty (30) days of
all required information being submitted to the Development Officer. The applicant shall be advised
of their right to appeal a decision on a permitted use application and any terms and conditions
attached to a discretionary use application to the Development Appeals Board, subject to the
provisions of The Planning and Development Act, 2007.
3.7.2.2 If the proposal conforms to the provisions of this Bylaw a Development Permit shall be issued
subject to any development standards, special regulations, or performance standards that may be
required.
3.8
DEVELOPMENT PERMIT: VALIDITY
3.8.1
A Development Permit is valid for a period of twelve (12) months unless otherwise stipulated when the
permit is issued.
3.8.2
Where the Development Officer determines that a development is being carried out in contravention of
any condition of a Development Permit or any provision of this Bylaw, the Development Officer shall
suspend or revoke the Development Permit and notify the permit holder that the permit is no longer in
force.
3.8.3
Where the Council is satisfied that a development, the permit for which has been suspended or
revoked, will be carried out in conformity with the conditions of the permit and the requirements of this
Bylaw, the Council may reinstate the Development Permit and notify the permit holder that the permit is
valid and in force.
3.9
DEVELOPMENT PERMIT APPLICATION FEES
3.9.1
An applicant seeking the approval of a Development Permit application for a permitted OR a
discretionary use shall pay the required fee as set out in the Development Fee Bylaw of the Town.
3.9.2
There shall be no Development Permit application fee for accessory buildings to a residential use, sign
permits, licenses for Home Based Businesses or other forms of business licenses.
3.9.3
The Development Officer shall publish a notice of the application in accordance with the provisions of
The Planning and Development Act, 2007, whereby the applicant shall pay to the Municipality a fee
equal to the costs associated with the public advertisement.
Town of Pense Zoning Bylaw 2/2023
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3.10
FEE FOR ZONING AMENDMENT APPLICATION
When an application is made to Council for an amendment to this Bylaw, the applicant making the request shall
bear the actual cost of advertising such zoning amendment as permitted by The Planning and Development Act,
2007. Council also may require the applicant to pay the zoning bylaw amendment application fees as identified in
the Fees and Charges Bylaw Related to Planning and Development.
3.11
CONCURRENT PROCESSING OF DEVELOPMENT PERMITS, BUILDING PERMITS AND
BUSINESS LICENSES
A Building Permit, where required, shall not be issued unless a Development Permit has been issued or is issued
concurrently. Nothing in this Bylaw shall exempt any person from complying with a Building Bylaw, or any other
Bylaw in force within The Municipality, or from obtaining any permission required by this or any other Bylaw of
The Municipality, the Province or the Federal Government.
3.12
PLANNED UNIT DEVELOPMENT
Specific zone regulations shall not apply to Planned Unit Development Contract Zoning. Uses permitted within a
PUD include: residential, commercial, light industrial recreation and open space. However, the project shall
produce an environment of stable and desirable character and shall incorporate at least equivalent standards of
building separation, parking, height and other requirements and provisions of this Bylaw.
3.13
REFERRAL UNDER THE PUBLIC HEALTH ACT
The Development Officer shall make available, in addition to plumbing permits and plan information, a copy of all
approved Development Permit applications involving installation of water and sanitary services, should such
information be requested by provincial officials under The Public Health Act and Regulations. The developer
shall, at their own expense, provide suitable water supply and sewage disposal facilities for their development
that is acceptable to Council and meets The Public Health Act and Regulations requirements.
3.14
DEVELOPMENT APPEALS BOARD
3.14.1
Council shall appoint a Development Appeals Board consisting of five members, to hear and determine
appeals in accordance with Section 213 to 227 inclusive, of The Planning and Development Act, 2007.
a) Where an application for a permitted use has been denied, the applicant shall be advised of the right of
appeal to the Development Appeals Board.
b) Appellants also may appeal where they are of the opinion that development standards prescribed by Council
with respect to a discretionary use exceed those necessary to secure the objectives of the Zoning Bylaw.
c)
The Development Officer shall make available to all interested persons, copies of the provisions of The
Planning and Development Act, 2007 respecting decisions of the Development Officer and the right of
appeal.
Town of Pense Zoning Bylaw 2/2023
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3.15
MINOR VARIANCES
3.15.1
The Development Officer may vary the requirements of this Bylaw subject to the following requirements:
a) A minor variance may be granted for the following only:
i. minimum required distance of a building from a lot line; and
ii. the minimum required distance of a building from any other building on the lot;
b) The maximum amount of a minor variance shall be 10% variation from the Requirements of this Bylaw;
c)
The development must conform to all other requirements of this Bylaw;
d) The relaxation of the Bylaw requirement must not injuriously affect a neighbouring property; and
e) No minor variance shall be granted for a discretionary use or form of development, or in connection with an
agreement to rezone pursuant to Section 60 of The Planning and Development Act 2007.
3.15.2
An application form for a minor variance shall be in a form prescribed by the Development Officer and
shall be accompanied by an application fee of $50.00.
3.15.3
Upon receipt of a minor variance application the Development Officer may:
a) Approve the minor variance;
b) Approve the minor variance and impose terms and conditions on the approval; or
c)
Deny the minor variance.
3.15.4
Terms and conditions imposed by the Development Officer shall be consistent with the general
development standards in this Bylaw.
3.15.5
Where a minor variance is refused, the Development Officer shall notify the applicant in writing,
providing reasons for the refusal.
3.15.6
Where a minor variance is approved, with or without terms, the Development Officer shall provide
written notice to the applicant and to the assessed owners of the property having a common boundary
with the applicant's land that is the subject of the approval.
3.15.7
The written notice shall contain:
a) A summary of the application;
b) Reasons for and an effective date of the decision;
c)
Notice that an adjoining assessed owner has 20 days to lodge a written objection with the Development
Officer, which, if received, will result in the approval of the minor variance being revoked; and
d) Where there is an objection and the approval is revoked, the applicant shall be notified of the right to appeal
to the Development Appeals Board.
3.15.8
A decision to approve a minor variance, with or without terms and conditions, does not take effect until
twenty- three (23) days from the date the notice was provided.
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3.15.9
If an assessed owner of a property having an adjoining property with the applicant's land objects to the
minor variance in writing to the Development Officer within the prescribed 20 day time period, the
approval is deemed to be revoked and the Development Officer shall notify the applicant in writing:
a) Of the revocation of the approval; and
b) Of the applicant's right to appeal the revocation to the Development Appeals Board within thirty (30) days of
receiving the notice.
3.15.10 If an application for a minor variance is refused or approved with terms or conditions, the applicant may
appeal to the Development Appeals Board within thirty (30) days of the date of that decision.
3.16
NON-CONFORMING BUILDINGS USES AND SITES
3.16.1
Any use of land or any building or structure lawfully existing at the time of passing this Bylaw that is
rendered non-conforming by the enactment of this Bylaw or any subsequent amendments, may be
continued, transferred, or sold in accordance with provisions of Section 88 to 93 inclusive of The
Planning and Development Act, 2007.
3.16.2
No enlargement, additions, or reconstruction of a non-conforming use, building or structure shall be
undertaken except in conformance with these provisions.
3.16.3
No existing use, building or structure shall be deemed to be non-conforming by reason only of the
conversion of this Bylaw from the Metric System of Measurement to the Imperial System of
Measurement where such non-conformity is resultant solely from such change and is reasonably
equivalent to the metric standard herein established.
3.16.4
No existing site shall be deemed to be non-conforming by reason only of its dimensions or area failing
to at least equal the standards prescribed for proposed sites in the Zoning District in which the site is
located.
3.17
DEVELOPMENT PERMIT - INVALID
3.17.1
A Development Permit shall be automatically invalid, and development shall cease, as the case may be:
a) If the proposed development is not commenced within the period for which the Development Permit is valid;
b) If the proposed development is legally suspended or discontinued for a period of six or more months, unless
otherwise indicated by Council or the Development Officer;
c)
When development is undertaken in contravention of this Bylaw, the Development Permit and specified
development standards; and/or
d) When a written appeal notice is received by the Development Appeals Board secretary regarding the
Development Permit.
Town of Pense Zoning Bylaw 2/2023
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3.18
CANCELLATION
3.18.1
Council or the Development Officer may cancel a Development Permit, and when cancelled,
development shall cease:
a) Where the Development Officer or Council is satisfied that a Development Permit was issued based on false
or mistaken information;
b) Where new information is identified pertaining to environmental protection, flood potential or slope instability;
and/or
c)
When a developer requests a Development Permit modification.
3.19
STOP-WORK
The Development Officer may authorize action to stop any development which does not conform to this Bylaw, a
development or servicing agreement, a Development Permit or condition, or register an Interest with ISC under
this Bylaw.
3.20
OFFENCES AND PENALTIES
Any person who violates this Bylaw may be charged and liable on summary conviction to the penalties in The
Planning and Development Act, 2007.
3.21
INSPECTION OF PREMISES
3.21.1
Pursuant to Section 242 of The Planning and Development Act, 2007, the Development Officer may
inspect any development suspected of contravening The Planning and Development Act, 2007, or any
regulation or bylaw made pursuant to The Planning and Development Act, 2007. If it is determined that
a contravention exists, the Development Officer may notify the owner in writing and instruct the owner to
rectify the contravention within a set time period. If for any reason the contravention has not been
rectified within that time, the Development Officer may extend the time period or issue a Zoning
Compliance Order pursuant to Section 242(4) of The Planning and Development Act, 2007 to achieve
bylaw conformance.
3.21.2
Any person who contravenes this Bylaw is guilty of an offence and is liable, on summary conviction, to
the penalties provided by section 243 of The Planning and Development Act, 2007.
3.21.3
The Development Officer may enter a property with consent of the owner or with a warrant and may not
enter otherwise.
3.22
BYLAW COMPLIANCE
Errors and/or omissions by any person administering or required to comply with the provisions of this Bylaw do
not relieve any person from liability for failure to comply with the provisions of this Bylaw.
3.23
PERFORMANCE BONDS
Council may require a developer to post and maintain a performance bond to ensure developer performance and
to protect the public interest.
Town of Pense Zoning Bylaw 2/2023
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3.24
LIABILITY INSURANCE
Council may require developers to provide and maintain liability insurance to protect the Municipality, developer
and public.
3.25
REGISTERING INTERESTS
Council may require that development and servicing agreements and other documents may be registered as an
Interest on a Title on affected lands, in accordance with The Land Titles Act, to protect Municipal and public
interests.
3.26
MOVING OF BUILDINGS
No building shall be moved within or into or out of the area covered by this Bylaw without obtaining a
Development Permit from the Development Officer unless such building is exempt under Section 3.4 of this
Bylaw.
3.27
DEMOLITION OF BUILDINGS
No building shall be demolished without first obtaining a Development Permit from the Development Officer.
Such Permit shall not be issued unless a proposal for the interim or long-term use or redevelopment of the site is
also submitted and the proposed use is in conformity with this Bylaw. A separate Development Permit is required
for any redevelopment of the site.
3.28
TEMPORARY DEVELOPMENT PERMITS
The Development Officer may issue a temporary Development Permit, with specified conditions for a specified
period of time to accommodate developments incidental to approved construction, temporary accommodation, oil
and gas sector activities, temporary gravel operations or asphalt plants. Nothing in this Bylaw shall prevent the
use of land or the erection or use of any building or structure for a construction camp, work camp, tool shed,
scaffold, or other building or structure incidental to and necessary for construction work on the premises, but only
for so long as such use, building or structure is necessary for such construction work as has not been finished or
abandoned.
3.29
DEVELOPMENT AGREEMENTS
Council may request a developer to enter into a Development Agreement to ensure development conformity with
The Official Community Plan and this Bylaw pursuant to The Planning and Development Act, 2007.
3.30
SERVICING AGREEMENTS
3.30.1
Where a development proposal involves subdivision, Council may require a developer to enter into a
servicing agreement to ensure appropriate servicing pursuant to The Planning and Development Act,
2007. Council may direct the Administration to vary the agreement on a case-by-case basis, or not
require it.
Town of Pense Zoning Bylaw 2/2023
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3.30.2
In accordance with Sections 172 to 176 inclusive, The Planning and Development Act, 2007, the
agreement may provide for:
a) The undertaking and installation of storm sewers, sanitary sewers, drains, water mains and laterals,
hydrants, sidewalks, boulevards, curbs, gutters, streetlights, graded, graveled or paved streets and lanes,
connections to existing services, area grading and levelling of land, street name plates, connecting and
boundary streets, landscaping of parks and boulevards, public recreation facilities or other works that Council
may require including both on-site and off-site servicing; and
b) The payment of levies and charges, in whole or in part, for the capital cost of providing, altering, expanding
or upgrading sewage, water, drainage and other utility services, public highway facilities or park and
recreation space and facilities located within or outside the proposed subdivision that directly or indirectly
serve the proposed subdivision.
Town of Pense Zoning Bylaw 2/2023
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4
GENERAL REGULATIONS
The following regulations shall apply to all Zoning Districts in this Bylaw.
4.1
LICENSES, PERMITS AND COMPLIANCE WITH OTHER BYLAWS AND LEGISLATION
In their interpretation and application, the provisions of this Bylaw shall be held to be the minimum requirements
adopted for the promotion of the public health, safety and general welfare. Nothing in this Bylaw shall exempt
any person from complying with the requirements of a building regulation Bylaw or any other Bylaw in force
within the Town of Pense or law within the Province of Saskatchewan or Canada; or from obtaining any license,
permission, permit, authority, or approval required by this or any other Bylaw of the Town of Pense or any law of
the Province of Saskatchewan or Canada. Where requirements in this Bylaw conflict with those of any other
municipal, provincial, or federal requirements, the more stringent regulations shall prevail.
4.2
PRINCIPAL USE ESTABLISHED
In any Zoning District in this Bylaw, the principal use of the land must be established prior to any accessory
buildings, structures, or uses being permitted.
4.3
MULTIPLE USES
Notwithstanding anything contained in this Bylaw, where any land, building, or structure is used for more than
one purpose, all provisions of this Bylaw relating to each use shall be complied with, but no dwelling shall be
located within 3.0 m of any other building on the site except to a building accessory to such dwelling.
4.4
USES PERMITTED IN ALL ZONING DISTRICTS
4.4.1
Nothing in this Bylaw shall prevent the use of any land as a public street or public park.
4.4.2
Nothing in this Bylaw shall prevent the erection of any properly authorized traffic sign or signal or any
sign or notice of any local or other government department or authority.
4.4.3
Nothing in this Bylaw shall prevent the use of any land for the erection of buildings or structures, or the
installation of other facilities essential to the operation of public works provided that such use, building
or structure shall be in substantial compliance with the relevant provisions of this Bylaw and shall not
adversely affect the character or amenity of the neighbourhood in which the same is located.
4.5
NUMBER OF PRINCIPAL BUILDINGS ON A SITE
4.5.1
Only one principal building shall be permitted on any one site except for the following: parks, schools,
hospitals, recreation facilities, special care homes, senior citizen homes and approved dwelling groups
and condominium developments.
4.5.2
Multiple unit residential buildings (e.g. duplex, fourplex) are considered to be one principal building
under this Bylaw and all other uses and buildings on the site must be accessory.
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4.6
ACCESSORY BUILDINGS, STRUCTURES AND USES
4.6.1
Subject to all other requirements of this Bylaw, an accessory building, structure or use is permitted in
any district when accessory to an established principal use which is permitted or discretionary use in
that same district, and for which a Development Permit has been issued.
4.6.2
No accessory building may be constructed, erected or moved on to any site prior to the time of
construction of the principal building to which it is accessory.
4.6.3
Where a building on a site is attached to a principal building by a solid roof or by structural rafters, and
where the solid roof or rafters extend at least one third of the length of the building wall that is common
with the principal building, the building is deemed to be part of the principal building.
4.6.4
In all cases, an accessory building, structure or use shall comply with the site and yard requirements for
accessory buildings for the applicable Zoning District.
4.6.5
Membrane Covered Structures
a)
Membrane covered structures shall be considered as an accessory building, structure or use in this
bylaw and therefore shall comply with all provisions of Accessory Buildings, Structures and Uses
and shall be classified into one of two categories:
i)
Permanent membrane covered structures are subject to the following conditions:
In all Zoning Districts, anchored membrane covered structures up to 18.6 m² (200 sq ft) are
permitted;
In all Industrial and Commercial Districts, anchored membrane covered structures are permitted;
Applications for a development permit for an anchored membrane covered structure must include a
drawing stamped by a Professional Engineer attesting to the fact that the structure meets Section 4
of the National Building Code and the structure must be accompanied by documentation that it
meets CSA Standard A660; and,
In all cases, the placement of an anchored membrane covered structure shall comply with the site
and yard requirements for accessory buildings for the applicable Zoning District.
ii)
Temporary membrane covered structures are subject to the following conditions:
Temporary membrane covered structures may be placed on a site in any Zoning District for a
period not to exceed seven (7) days in a calendar year to accommodate special events such as
weddings, parties or community functions.
b)
Membrane covered structures containers determined by the Municipality to be unsightly, misused,
unsafe, or inappropriate in any way, must be removed at the owner's expense within a time period
specified by the Municipality;
c)
Membrane covered structures may be accommodated under the following conditions where they:
must be properly anchored; and,
must meet the National Building Code Standards as applicable.
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4.6.6
Trailers, Box Cars, Sea / Rail (Shipping) Containers
a)
Shipping containers shall be considered as an accessory building, structure or use in this bylaw and
therefore shall comply with all provisions of Accessory Buildings, Structures and Uses and shall be
classified into one of three categories:
i.
Temporary (short term) storage: container placed on site for a specified and limited period of
time (less than 6 months) and used for short term storage typically associated with construction
activities which are being undertaken on a site (i.e. storage of tools, construction materials).
Containers are to be removed from the site when construction is complete or the permit expires,
whichever comes first. See section 4.8.1 Portable Storage Units for additional regulations.
ii. Long Term Storage: container placed on a site for long term storage.
iii. Accessory Dwelling Unit Conversion: container placed on a site for long term residential
occupancy. See Section 4.10.9.8 for additional regulations.
b)
Shipping containers determined by the Municipality to be unsightly, misused, unsafe, or inappropriate in
any way, must be removed at the owner's expense within a time period specified by the Municipality.
c)
No person shall park or store on any part of a site, any unlicensed shipping container for the purpose of
advertising or warehousing within any Zoning District
d)
Shipping containers may be accommodated under the following conditions:
i)
Permits from the Town of Pense are required by the property owner before containers are parked or stored;
ii)
Must be properly anchored;
ii)
Shall not be stacked on top of one another;
iv) Must meet the National and Provincial Building Code Standards as applicable;
v)
Shall be located a minimum of 3.0 metres (9.85 feet) from the primary building and behind the rear wall of the
primary building when used for storage; and,
vi) The area occupied by the container shall be included in the maximum lot coverage calculation permitted in
the Zoning District in which they are located. See specific Zoning Districts for supplementary provisions.
4.6.7
Portable Storage Units
a)
The portable storage unit, incidental to construction of a building or structure with an active building
permit is allowed, provided such storage unit shall be removed following completion or abandonment of
such construction.
b)
Completion is tied to permit time e.g. a maximum of six months for a house renovation with renewal at
Council's discretion subject to property owner meeting requirements including posting a deposit.
c)
One portable storage unit may be placed on a residential site with an active building permit subject to
the following conditions:
i)
Prior to placement of the portable storage unit on the site, the property owner shall apply for a temporary
development permit from the Development Officer;
ii)
The permit for the portable storage unit shall be a temporary permit and each residential site is limited to a
period of time set by Council;
iii) The portable storage unit shall not exceed 28.21 m3 (996 ft3);
iv) The portable storage unit shall be set back a minimum of 3.0 metres (9.85 feet) from the side or rear property
lines and all other structures on the property.
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4.6.8
Swimming Pools or Ancillary Structures Containing Water
a)
Notwithstanding anything contained in this Bylaw, a swimming pool or pond is permitted as an
accessory use to permitted uses in any Residential District or a motel or hotel in a Commercial District,
to be located in the side yard or rear yard of any lot/site if:
i)
No part of such pool is located closer to any lot or street line than the minimum distance required for the
principal building located on such lot;
ii)
The maximum height of such pool or pond is 1.2 m (4 ft) above the average finished grade level of the
ground adjoining the pool or pond;
iii) Every swimming pool or pond shall be enclosed by a non-climbable fence of at least 1.8 m (6 ft) in height, not
more than 10 cm (4 inches) from the ground, and located at a distance of not less than 1.5 m (5 ft) from the
pool; and
iv) Any deck attached to or abutting a swimming pool or pond shall be considered as part of the swimming pool
or pond.
b)
Any building or structure, other than a dwelling required for changing clothing or for pumping or filtering
facilities, or other similar accessory uses, shall comply with the provisions in the applicable zoning
districts in Section 5 of this Bylaw respecting accessory buildings.
c)
An ancillary structure used to hold water such as a fountain or pond may be allowed in a front yard in a
Residential District if the water is not more than 0.3 m (1 foot) deep and the pond or fountain water
surface area is not more than 0.6 m (2 ft) in diameter or if the water is concealed with landscaping
materials.
4.7
PRIVATE GARAGES, SUNROOMS, SOLARIUMS AND GREENHOUSES
Private garages, carports, sunrooms, solariums and greenhouses attached to main buildings by a substantial
roof structure shall be considered as part of the main building and shall be subject to the regulations for the main
building.
4.8
SATELLITE DISHES
4.8.1
Satellite dishes in excess of 1.0 metre in diameter shall not be located in any front yard, side yard and
shall not be permitted to be erected on the roof of any principal building that is located within a
residential district that is less than three (3) storeys in height.
4.8.2
Satellite dishes located in residential districts, which exceed 1.0 metre in diameter, shall only be erected
on the roof of an accessory building if said accessory building is located entirely within a rear yard; and
4.8.3
Satellite dishes may be erected in Commercial or Industrial Districts for communication purposes or re-
broadcasting of television signals and subsection 4.22.1 shall not apply.
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4.9
(TELE)COMMUNICATION TOWERS
The erection of cellular telephone transmission towers is under the provision of Industry Canada standards and
regulations, and may occur in all Zoning Districts, however, Council recommends that they be located no closer
than 100 metres (328.09 feet) to, any Residential District and consultation with adjacent residents is undertaken.
4.10
DEVELOPMENT STANDARDS FOR DISCRETIONARY USES
This Section addresses special provisions and specific development standards that apply to the following
developments. The changing nature and mitigation measures available make it impossible to address every
specific condition, however any condition required in any provision in this Zoning Bylaw must reflect the intent of
the Planning and Development Act which states: "In approving a discretionary use, the Council may prescribe
specific development standards or conditions with respect to that use, but only if those standards or conditions:
(a) are based on and are consistent with general development standards or conditions made applicable to
discretionary uses by the zoning bylaw; and
(b) are, in the opinion of the Council, necessary to secure the objectives of the zoning bylaw with respect to:
(i) the nature of the proposed site, including its size and shape and the proposed size, shape and arrangement of
buildings;
(ii) the accessibility and traffic patterns for persons and vehicles, the type and volume of that traffic and the adequacy
of proposed off-street parking and loading;
(iii) the safeguards afforded to minimize noxious or offensive emissions including noise, glare, dust and odour; or
(iv) any treatment given, as determined by the council, to aspects including landscaping, screening, open spaces,
parking and loading areas, lighting and signs, but not including the colour, texture or type of materials and
architectural detail."
These standards apply in addition to any standards of the respective Zoning District. It is important to note that
the specific conditions listed in this section, and in any section of this bylaw or the District Schedules is to provide
guidance to Council and those pursuing a "Discretionary Use" development in the Municipality. As noted in the
preceding section, The Planning and Development Act, 2007 is very specific as to what conditions can be
applied under the provisions of the Act and municipal zoning bylaws. Council is bound by those provisions and
may only address items listed.
4.10.1 Manufactured / Modular and RTM Homes
Manufactured / Modular and RTM homes are subject to the following conditions:
a)
All manufactured / modular and RTM homes shall be placed on a permanent engineered foundation at
a standard comparable to a single detached dwelling.
b)
All manufactured / modular and RTM homes shall have architectural features similar or complementary
to adjacent and nearby dwellings;
c)
The width of the manufactured / modular or RTM home cannot be less than 50% of length
d)
Manufactured /Modular and RTM homes shall be permanently connected to water and sewer services
provided by the Municipality and permanently connected as available to other public utilities.
e)
All other requirements of this Bylaw apply.
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4.10.2 Home Based Businesses
Home Based Businesses are subject to the following conditions:
a)
Home-based businesses will be accommodated provided that they are clearly secondary to the principal
residential use of the dwelling unit, compatible with the surrounding residential area and not of a size
that provide services or products that would detrimentally affect the viability of the neighborhood.
b)
One advertising display sign shall be allowed on the site or premise from which the home occupation is
conducted. No LED or neon signs shall be allowed.
c)
There shall be no exterior display or storage of any merchandise or material relating to the home
occupation.
d)
No equipment or process used in the home based business shall create dust, noise, vibration, glare,
fumes, odour or air pollution that is detectable at or beyond the property lines of the site where the
home based business is located.
e)
Up to two (2) persons other than a resident of the dwelling unit may be engaged in any home based
business as an employee or a volunteer.
f)
Parking: The home based business shall not cause or add to on-street parking congestion or cause an
increase in traffic through residential zones.
g)
No more than one business vehicle, for which off-street parking is provided, shall be operated in
connection with the home based business.
h)
Parking of vehicles of employees hired for off-site jobs shall not be allowed at, or in the vicinity of, the
dwelling unit.
i)
All Business Permits issued for Home Based Businesses shall expire on December 31 of the year
issued. Home Based Businesses are subject to the condition that the permit may be revoked at any
time if, in the opinion of Council, the use is or has become detrimental to the amenities of adjoining
properties and the neighborhood.
4.10.3 Bed and Breakfast Homes
Bed and Breakfast Homes are subject to the following conditions:
a)
Bed and breakfast homes shall be located in a single detached dwelling used as the operator's principal
residence. No exterior alterations shall be undertaken which would be inconsistent with the residential
character of the building or property.
b)
Required parking spaces may be permitted in a required front yard.
c)
One advertising display sign located on the site or premise advertising the bed and breakfast home is
permitted. The facial area of a sign shall not exceed 0.5 m².
d)
No more than three (3) guest rooms shall be allowed in a bed and breakfast home.
e)
The only meal to be provided to registered guests shall be breakfast. No food preparation or cooking for
guests shall be conducted within any bedroom made available for rent. All facilities shall meet public
health regulations and be kept in a manner satisfactory to the District Health Region.
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4.10.4 Day Care Centres and Pre-Schools
Day Care Centres and Pre-Schools are subject to the following conditions:
a)
Day care centres and pre-schools may be approved as an accessory use or as a principal use.
b)
In any residential zoning district, no exterior alterations shall be undertaken to a dwelling or former
dwelling which would be inconsistent with the residential character of the building or property.
c)
Day care centres or pre-schools which are located in residential districts shall provide at least 3.25 m² of
fenced on-site outdoor play space for each child present in the facility at any one time.
d)
Required parking spaces may be located in a required front yard.
4.10.5 Personal Care Homes
Personal Care Homes are subject to the following conditions:
a)
Personal care homes may be approved as an accessory use or as a principal use.
b)
In any residential zoning district, no exterior alterations shall be undertaken to a dwelling or former
dwelling which would be inconsistent with the residential character of the building or property.
c)
Required parking spaces may be located in a required front yard.
d)
No building or structure used for the purpose of a personal care home shall be used for the purpose of
keeping boarders or lodgers.
e)
The use shall not generate substantially more traffic and parking than is normal for the district in which
the use is located.
f)
A home must be licensed as a personal care home in accordance with The Personal Care Homes Act if
it provides accommodation, meals and assistance or supervision with activities of daily living to an adult
aged 18 and older who is not a relative.
4.10.6 Salvage Yards (Auto Wreckers)
The following additional considerations shall be made for all applications for a Salvage Yard/Auto wrecker or
similar operation:
a)
This includes salvage yards, auto wreckers, auto repair shop, body shops and similar uses, all savage
vehicles and materials, vehicles waiting repair, salvage or removal and similar uses.
b)
No vehicles or parts thereof shall be located in the front yard.
c)
All salvage yards shall be totally hidden from the view of the travelling public, provincial highways, any
public road by utilizing distance and careful location, natural or planted vegetation, an earth berm,
opaque fence or other appropriate methods approved by Council.
d)
All salvage or auto wrecking yards shall be totally enclosed by a sturdy fence built to a minimum height
of 2.0 m and constructed of material suitable to conceal from view the materials stored on site. No
materials shall be stacked above the height of the fence.
e)
A Performance Bond may be required by Council to ensure the development meets the required
development standards.
Town of Pense Zoning Bylaw 2/2023
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4.10.7 Campgrounds
Campgrounds are subject to the following conditions:
a)
The operator of a campground shall provide the Development Officer with a plan of the campground,
identifying any buildings, uses of land and the location of all roadways and trailer coach or tent
campsites with dimensions. The addition or re-arrangement of campsites, the construction or moving of
buildings, material change in use of portions of land or the filling or clearing of land shall require a
Development Permit, and the operator shall submit for approval an amended plan incorporating the
development.
b)
A campground shall have within its boundaries, a buffer area abutting the boundary of not less than 4.5
m which shall contain no buildings.
c)
The operator of a campground shall designate a campsite for each trailer coach or tent party, which
shall be less than 150 m² in area with its corners clearly marked.
d)
One permanent sign located on site advertising the campground is permitted per site;
i. the facial area of a sign shall not exceed 0.5 m² ;
ii. no sign shall be located in any manner that may obstruct or jeopardize the safety of the public;
b.
in addition, one temporary sign not exceeding 1.0 m² advertising the sale or lease of the property or
other information relating to a temporary condition affecting the property is permitted.
e)
No portion of any campsite shall be located within a roadway or required buffer area.
f)
Each campsite shall have direct and convenient access to a developed roadway which is not located in
any required buffer area. The space provided for roadways within a campground shall be at least 7.5 m
in width.
g)
Each trailer coach shall be located at least 3.0 m from any other trailer coach, and each campsite shall
have dimensions sufficient to allow such location of trailer coaches.
h)
A campground may include, as ancillary uses, a laundromat or a confectionery designed to meet the
needs of the occupants of the campsites, and one single detached dwelling for the accommodation of
the operator.
4.10.8 Wind Power Turbines and Towers
a)
Mechanical wind energy conversion units shall only be considered as a Discretionary Use within a
Community Service or Live/Work Residential Acreage District. Wind energy conversion units require a:
i)
Minimum setback of 400 m for potential fall zone below the turbine
ii)
Maximum noise standard of 40 decibels.
b)
Wind Turbines and Towers are prohibited in all other Districts within the Town of Pense.
Town of Pense Zoning Bylaw 2/2023
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4.10.9 Accessory Dwelling Unit (ADU)
4.10.9.1 Secondary, garden. garage, laneway suites, shipping container conversions and tiny houses
("Accessory Dwelling Units") may be allowed as a discretionary accessory use to a permitted
single detached dwelling in a residential zoning district subject to the Accessory Buildings and
Structures section of the applicable residential zoning district herein and having regard to:
a) 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,
b)
its effect on the privacy of adjacent properties.
4.10.9.2 The requirements for accessory buildings outlined in Section 4.6 herein do apply to Accessory
Dwelling Units. All accessory dwelling units are subject to the following general requirements:
a) One (1) accessory dwelling unit may be constructed within the site of a principal single detached
dwelling in a residential zone at Council's discretion with conditions to assure that conflict with
neighbouring uses are avoided. Accessory Dwelling Units must contain cooking, eating, living, sleeping
and sanitary facilities.
b) The accessory dwelling unit may not interfere with the site line of either of the adjoining properties.
c)
No more than two bedrooms allowed in the accessory dwelling unit;
d) No more than two persons are allowed to occupy the accessory dwelling unit;
e) One off-street parking space is required in addition to the required parking for the principal dwelling on
the site;
f)
The accessory dwelling unit shall comply with the requirements of the National Building Code, subject to
the approval of the Municipal Building Inspector; and,
g) The accessory dwelling unit shall not be separated from the principal dwelling unit through condominium
or bare land condominium conversion or subdivision of land.
4.10.9.3 Park Models and trailer coaches are not permitted as an Accessory Dwelling Unit.
4.10.9.4 All Accessory Dwelling Units must be connected to municipal water and waste systems and meet
Public Health requirements.
4.10.9.5 SECONDARY SUITES
Secondary suites shall be subject to the following additional requirements:
a) Secondary suites must be located within the principal dwelling and must have a separate entrance from the
principal dwelling either from a common indoor landing or directly from the exterior of the building;
b) Secondary Suites may not exceed 75 m² (807 ft²) or 50% of the total floor space of the dwelling unit including
the basement; and
c)
Site development regulations:
Floor area
Minimum: 30 m² (323 ft²); Maximum is greater of: 75 m² (807 sf) or 50%
of the total floor space of the principal dwelling unit including the
basement.
Minimum parking spaces
1
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4.10.9.6 GARDEN AND LANEWAY SUITES
Garden and Laneway suites shall be subject to the following additional requirements:
a) The minimum side yard shall be the same as the yard requirement that applies to the principal building in the
applicable zoning district for all sites in a residential block, including corner sites;
b) The parcel coverage of the building in which a garden/ laneway suite is contained shall not exceed the
building footprint of the principal dwelling.
c)
A garden / laneway suite may not exceed the lessor of 75 m2 (807 sf) of the principal building (Case 1 in
figure below) or a maximum of 40% of the total floor area of the principal building not including the basement
(Case 2 in figure below); and
d) Site development regulations:
Maximum height
5.0 m (16 ft)
Floor area
Minimum: 30 m² (323 ft²); Maximum is lessor of 75 m² (807 sf) or 40%
of the total floor space of the principal dwelling unit
Minimum parking spaces
1
Minimum distance from
principal dwelling
4 m (13.2 ft)
Minimum rear yard
1.2 m (4 ft)
Minimum side yard
1.5 m (5 ft) unless on a corner site the side yard shall be 3.0 m (10 ft)
Minimum width
2.4 m (8 ft)
Permissible Areas for Garden Suite:
Case 1: 40% of Total Principal Building area is 80m2 Case 2: 40% of Total Principal Building area is 60m2
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4.10.9.7 TINY HOUSES
Tiny houses shall be subject to the following additional requirements:
a) The minimum side yard shall be the same as the yard requirement that applies to the principal building in the
applicable zoning district for all sites in a residential block, including corner sites.
b) All tiny houses shall be placed on a permanent engineered foundation (not on a trailer).
c)
Site development regulations:
Maximum height
5.0 m (16 ft)
Floor area
Minimum: 10 m² (108 ft²); Maximum: 50 m² (538 sf)
Minimum parking spaces
1
Minimum distance from
principal dwelling
4 m (13.2 ft)
Minimum rear yard
1.2 m (4 ft)
Minimum side yard
1.5 m (5 ft) unless on a corner site the side yard shall be 3.0 m (10 ft)
Minimum width
2.4 m (8 ft)
4.10.9.8 SHIPPING CONTAINER CONVERSIONS
Shipping container conversions shall be subject to the following additional requirements in addition to
those specified in Section 4.7:
a) The minimum side yard shall be the same as the yard requirement that applies to the principal building in the
applicable zoning district for all sites in a residential block, including corner sites.
b) Site development regulations:
Maximum height
5.0 m (16 ft)
Floor area
Minimum: 22.3 m² (240 ft²)
Minimum parking spaces
1
Minimum distance from
principal dwelling
4 m (13.2 ft)
Minimum rear yard
1.2 m (4 ft)
Minimum side yard
1.5 m (5 ft) unless on a corner site the side yard shall be 3.0 m (10 ft)
Minimum width
2.4 m (8 ft)
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4.10.9.9 GARAGE SUITES
Garage suites shall be subject to the following additional requirements:
a) Garage suites must be located within a detached garage and must have a separate entrance either from a
common indoor landing or directly from the exterior of the building.
b) Site development regulations:
Floor area
Minimum: 30 m² (323 ft²); Maximum: 75 m² (807 sf)
Minimum parking spaces
1
4.11
FRONT YARD REDUCTION
Notwithstanding the minimum depth of front yard required by this Bylaw, where a site is situated between two
sites each of which contains a principal building which projects beyond the standard required front yard depth,
the front yard required on said site may be reduced to an average of the two established front yards on the
adjacent sites; but not be less than 4.5 m in a Residential district unless otherwise permitted in this Bylaw.
4.12
FRONTAGE FOR IRREGULAR SITES
Where the site frontage is along a cul-de-sac, curve or is irregular, the minimum site frontage shall be 11.0 m
and the mean site width shall not be less than the minimum frontage for regular sites in the same Zoning District.
4.13
PERMITTED YARD ENCROACHMENTS
Where minimum front, side or rear yards are required in any Zoning District, the following yard encroachments
shall be permitted.
a)
Balconies, terraces, verandas, decks, and patios which are uncovered/open or covered by an awning having
a maximum projection from the main wall of 1.8 m into any required front yard; and
b)
Window sills, roof overhangs, eaves, gutters, bay windows, chimneys, awnings and similar alterations
projecting a distance of 0.6 m into any required yard.
4.14
FENCE AND HEDGE HEIGHTS
4.14.1
No hedge, fence or other structure shall be erected past any property line and may not
exceed:
a) higher than 1.0 metre above grade level in a required front yard; and/or
b) higher than 2.0 m above grade level in a required rear yard.
4.14.2
Except permitted accessory buildings, no fence or other structure shall be erected to a
height of more than 2.0 metres.
4.14.3
No barbed wire, or razor wire fences shall be allowed.
Town of Pense Zoning Bylaw 2/2023
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4.15
HEIGHT OF BUILDINGS
Where a maximum height of buildings is specified in any zoning district, the maximum height shall be measured
from average grade level to the highest point on the building exclusive of any chimney or antenna.
4.16
RESTORATION TO A SAFE CONDITION
Nothing in this Bylaw shall prevent the structural improvement or restoration to a safe condition of any building or
structure, provided that such structural improvement or restoration shall not increase the height, area or volume
so as to contravene the provisions of this Bylaw.
4.17
GRADING AND LEVELLING OF SITES
Every development shall be graded and levelled at the owner's expense to provide for adequate surface
drainage that does not adversely affect adjacent property or the stability of the land.
a) All excavations or filling shall be re-vegetated immediately after other construction activities conclude with a suitable
ground cover as may be necessary to prevent erosion.
b) All vegetation and debris in an area to be re-graded or filled must be removed from the site prior to site grading and
leveling; and
c)
All topsoil from an area that is to be re-graded must be stripped, stockpiled and replaced on the re-graded area, or
relocated to a site approved by the Municipality.
4.18
RESTRICTIONS ON CHANGES
The purpose for which any land or building is used shall not be changed, no new building or addition to any
existing building shall be erected, and no land shall be severed from any site, if such change, erection or
severance creates a situation that contravenes any of the provisions of this Bylaw applicable to each individual
remaining building, accessory building, site or lot.
Notwithstanding the provisions of subsection 4.13.1, no person shall be deemed to have contravened any
provision of this Bylaw if only part or parts of any site or lot has or have been conveyed to or acquired by the
Municipality or the Province of Saskatchewan for a public work.
4.19
HERITAGE PROPERTIES
Provincial and Municipal heritage properties subject to preservation agreements are subject to development
review processes as defined by The Heritage Property Act. Provincial designations are afforded special
protection, and any alterations and development must be reviewed and approved by the Heritage Programs of
the Province of Saskatchewan.
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4.20
PARKING
4.20.1
All required parking and loading facilities are intended 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. Parking and loading
facilities shall not be used for driveways, access or egress, commercial repair work, display, sale or
storage of goods of any kind.
4.20.2
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.
4.20.3
The parking facility shall be located on the same site as the use for which it is intended. It
shall be developed such that:
a) it is reasonably accessible to the use and vehicles it is intended to serve;
b) it meets the satisfaction of the Municipality regarding design;
c)
it is appropriately landscaped to the satisfaction of the Municipality;
d) all parking facilities shall be maintained to the satisfaction of the Municipality by the owner of the property;
e) each parking space within a parking facility shall be a minimum of 2.5 m wide and 6 m long except that
parallel parking spaces shall be a minimum of 6.5 m long;
f)
where two or more uses are permitted on any one site or where two or more uses are to share common
parking facilities, the off-street parking requirements for each use shall be calculated as if each is a separate
use and the total number of off-street parking spaces so calculated shall be provided; and
g) one (1) barrier free parking space shall be provided for any required parking facility accommodating between
4 and 100 parking spaces.
4.20.4
Any parking facility shall be developed to the satisfaction of the Municipality within one (1)
year of the completion of the development for which the Development Permit was issued.
4.20.5
When a building is enlarged or altered in such a manner as to cause an intensification or
change of use, provisions shall be made for additional parking spaces as required by the previous
subsection.
4.21
SIGNAGE ON NATURAL AND HUMAN HERITAGE SITES
Small plaques, markers, and interpretation signs will be encouraged on properties that have significant natural or
human heritage resources, with the approval of the owner, and where the signage is appropriate in scale, design
and placement with the site and surrounding area, and does not cause safety concerns or negatively impact the
heritage value of the site.
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4.22
LANDSCAPE BUFFERS
4.22.1
Landscape buffers are intended to improve land use compatibility and environmental
quality by reducing noise, lighting glare and other nuisances or facilitating natural drainage. Landscape
buffers, where required to separate uses from adjacent properties may be required to provide a
minimum 1.0 metre vegetative landscape buffer, unless a fence is required for other reasons.
4.22.2
Primary entrances into the Town and parking lots abutting major roads will require a
landscape buffer.
4.22.3
Notwithstanding any other provisions in this Bylaw, where buffers are required for
greenways, trails, parks and landscaped areas, they shall be required to reflect the character and intent
of the Official Community Plan.
4.23
SITE DEVELOPMENT REGULATIONS FOR DEVELOPMENT NEAR WATER SOURCES
4.23.1
If the proposed development will be within 150.0 metres of any water body, stream, public
well or private or public dam which is licensed by the Water Security Agency (WSA), and identified in
the OCP, Council may also require additional information from the applicant to ensure that the existing
water supplies will not be jeopardized.
4.23.2
Council may require that before a permit may be issued, the applicant shall submit a
report prepared by a professional who is competent to assess the suitability of the site for a
development and that the development is suitable with respect to the required mitigation measures to
develop in areas of high water table, near public wells, waste disposal sites or a private or public dam
which is licensed by the WSA, and identified in the OCP. Any water connection must adhere to
municipal provisions and no cross connections will be allowed, to ensure potential contamination of
source water does not occur.
4.23.3
Notwithstanding any other portion of this bylaw, the development of new buildings and/or
additions to building in the floodway of the 1:500 flood year elevation of any watercourse or water body
is prohibited. In addition, development in the 1:500 year flood fringe is not allowed unless flood proofed
up to an elevation of 0.5 metres above the 1:500 year flood elevation to be determined by a qualified
hydraulic engineer or as established by the Saskatchewan Water Security Agency.
4.24
CLOSINGS
In the event a dedicated street or lane shown on the Zoning District Map forming part of this Bylaw is closed, the
property formerly in such street or lane shall be included within the Zoning District of the adjoining property on
either side of such closed street or lane. If a closed street or lane is the boundary between two or more different
zoning districts, the new district boundaries shall be the former centre line of the closed street or lane.
4.25
RAILWAY CROSSINGS AND SIGHT DISTANCES
Notwithstanding anything contained in this Bylaw, where any public street crosses a railway at the same grade,
no building or structure shall be erected within 46.0 m of the point of intersection of the centre line of both the
railway and the street.
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4.26
CONSULTATION WITH RAILWAYS AND HIGHWAYS
Consultation with the Railways/Highways shall be required when a potential development is proposed for:
a)
development or redevelopment proposals in proximity to rail facilities/highways or for proposals for rail-
serviced industrial parks;
b)
road and utility Infrastructure works which may affect a rail facility and highway system;
c)
transportation plans that incorporate freight transportation issues; and
d)
all new, expanded, or modified rail facilities or commercial/industrial development.
e)
Should further residential development be proposed near existing rail lines development within or adjacent
to the Town, the Town will recognize the provisions of the Statements of Provincial Interest, Planning and
Development Act, 2007, particularly as referenced by Clause 32(2) (k), and the "FCM" policy document on
"Development Adjacent to Railway's", and all best management practices will be utilized, to ensure
adequate setbacks between land uses are implemented. In addition, "The Land Use Planning, Rail Proximity
and Public Safety Report" prepared for The Railway Association of Canada will be utilized in any review of
rail line development. The Zoning Bylaw will be amended to be consistent with all current legislation should
further development impacting both land uses occur. Currently the rail line is adjacent to light industrial and
commercial uses and the Future Land use map does not include residential uses expanding or encroaching
on the rail line.
f)
Notwithstanding anything contained in this Bylaw, where any public street crosses a railway at the same
grade, no building or structure shall be erected within 46 metres (150.92 feet) of the point of intersection of
the centre line of both the railway and the street.
g)
As identified and suggested on the Guidelines for New Development in Proximity to Railway Operations,
The Federation of Canadian Municipalities and Railway Association of Canada of May 2013; the standard
recommended building setbacks for new residential development in proximity to railway operations are as
follows:
i. Freight Rail Yard: 300 metres
ii. Principal Main Line: 30 metres
iii. Secondary Main Line: 30 metres
iv. Principal Branch Line: 15 metres
v. Secondary Branch Line: 15 metres
vi. Spur Line: 15 metres
4.27
BARELAND CONDOMINIUM DEVELOPMENTS
4.27.1
Bareland Condominium Developments shall comply with the minimum site area,
coverage, width, height and yard setbacks as stated in the residential zoning districts.
4.27.2
One primary dwelling unit and one accessory building are permitted per bareland
condominium lot.
4.27.3
Bareland condominium developments may include private open space and one accessory
building for joint recreation use by residents of the development shall be permitted, subject to all yard
setback requirements of the Residential District in which it is located.
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4.28
PROHIBITED AND NOXIOUS USES
4.28.1
The keeping of livestock shall not be allowed except for permitted agricultural uses in the
FUD - Future Urban Development District.
4.28.2
Any use is prohibited which, by its nature or the materials used therein, is declared by The
Public Health Act and Regulations to be a noxious trade, business, or manufacture.
4.28.3
NOXIOUS USES
Notwithstanding any use contained within a building, no land shall be used, and no building or structure
shall be erected, altered or used for any purpose that is noxious and, without limiting the generality of
this subsection, for any purpose that creates or is likely to become a nuisance or offence, or both:
a) By the creation of noise or vibration;
b) By the emission of light and glare;
c)
By reason of the emission of gas, fumes, smoke, dust or objectionable odour;
d) By reason of the unsightly storage of goods, wares, merchandise, salvage, refuse matter, motor vehicles,
trailers or parts of vehicles or trailers, machinery, or other such material; and/or
e) By any combination of events in this subsection.
4.29
DISPOSAL OF WASTES
4.29.1
Subject to all Acts and Regulations pertaining in any way to the storage, handling and
disposal of any waste material or used item, and except as permitted by these Acts and Regulations, no
liquid, solid, or gaseous wastes shall be allowed to be discharged into any steam, creek, river, lake,
pond, slough, intermittent drainage channel or other body of water, onto or beneath the surface of any
land or into the air.
4.29.2
No development or use of land which requires solid or liquid waste disposal facilities shall
be permitted unless those facilities are approved by Saskatchewan Health and the Saskatchewan
Water Security Agency. Disposal of liquid, solid or gaseous waste shall be governed by Acts
administered by Saskatchewan Agriculture, Saskatchewan Environment, Saskatchewan Health and the
Saskatchewan Water Security Agency.
4.30
SOLID AND LIQUID WASTE DISPOSAL FACILITIES
Municipal and commercial solid or liquid waste disposal facilities are subject to the following conditions:
a)
The facility will be located as near as practical to the source of waste;
b)
The facility will have undergone satisfactory review as required by Provincial Authorities for environmental
assessment and operational design;
c)
The facilities will be located at least 300 m for liquid waste and 457.0 m for solid waste from any residence
or recreational use;
d)
The development of any new disposal sites shall take into consideration seasonal winds;
e)
Adequate precautions shall be taken to prevent pollution of ground water by disposal operations;
f)
Solid waste disposal facilities shall be located in proximity to an all- weather road; and
g)
Council may apply special standards for screening, fencing and reclamation of the site.
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4.31
MEDICINAL MARIJUANA PRODUCTION FACILITIES (MMPF)
Medicinal Marijuana Production facilities are subject to the following conditions:
a)
MMPFs shall meet all applicable federal, provincial, and municipal regulations. Proof of compliance with the applicable federal
and/or provincial regulations will be required as part of the Development Permit application prior to issuing a Development Permit.
b)
All MMPFs must comply with the National Building Code of Canada.
c)
A waste management plan may be required as a condition of the Development Permit.
d)
MMPFs shall be located at a minimum distance of 200 metres (656 feet) from a residential parcel, daycare, community centre,
playground, school or park, unless specified otherwise by the applicable federal agencies. This shall be measured from the nearest
point for the building foundation of the MMPF to the nearest point of the site line of the above listed uses.
e)
Where a licensed MMPF ceases operation, the facility and buildings shall be decommissioned and remediated in accordance with
applicable provincial and federal regulations. A decommissioning plan may be required at the time the Development Permit
application is made.
f)
No on-site activity shall impact surrounding areas by reason of unsightliness, the emission of odours, liquid effluence, dust, fumes,
smoke, vibration, noise or glare.
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5
ZONING DISTRICTS AND MAPS
5.1
ZONING DISTRICTS
For the purpose of this Bylaw, the Town of Pense is divided into several Zoning Districts that may be referred to by
the appropriate symbols.
FUD
Future Urban Development
RA
Residential Acreage
R1
Residential
C1
Commercial
R1A
Low Density Residential
I1
Industrial
R2
Multiple Dwelling Residential
CS
Community Service
5.2
THE ZONING DISTRICT MAP
The map, bearing the statement "This is the Zoning District Map referred to in Bylaw No. 2/2013 adopted by the
Town of Pense", signed by the Mayor and by the Town Administrator under the seal of the Town, shall be known
as the "Zoning Districts" map, and such map is hereby declared to be an integral part of this Bylaw.
5.3
BOUNDARIES OF ZONING DISTRICTS
The boundaries of the Districts referred to in this Bylaw, together with an explanatory legend, notations and
reference to this Bylaw, are shown on the map entitled, "Zoning District Map."
Unless otherwise shown, the boundaries of the Zoning Districts are site lines, centre lines of streets, lanes, road
allowances, or such lines extended and the boundaries of the Municipality.
Where a boundary of a District crosses a parcel, the boundaries of the Districts shall be determined by the use of
the scale shown on the map.
Where the boundary of a zoning district is also a parcel boundary and the parcel boundary moves by the process
of subdivision, the District boundary shall move with that parcel boundary, unless the boundary is
otherwise located by amendment to the Bylaw.
5.4
HOLDING DESIGNATION
Where on the Zoning District Map the symbol for a zoning district has suffixed to it the holding symbol "H", any
lands so designated on the map shall be subject to a holding provision in accordance with Section 71 of
The Planning and Development Act, 2007.
Any lands subject to a holding provision shall only be used for those uses existing on the land when the "H" is
applied and for Public Works.
5.5
FUTURE URBAN DEVELOPMENT DISTRICT - FUD
FUD
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No person shall initiate any permitted, discretionary or accessory use prior to obtaining a Development Permit from
the Development Officer. No person shall within any FUD District use any land, or erect, alter or use any building or
structure, except in accordance with the following provisions:
5.5.1
PERMITTED USES
a) Agricultural crop production and horticultural uses and buildings and structures accessory including the application of
manure on agricultural land;
b) Commercial greenhouses, market gardens, and sod farms;
c)
Uses, buildings and structures accessory to the foregoing permitted uses excepting any building or structure used for
human habitation;
d) Recreational uses and sports grounds;
e) Public works;
f)
Animal clinics;
g) Artisan studios;
h) Uses in existence when the bylaw comes into force.
5.5.2
DISCRETIONARY USES
The following uses may be permitted in the FUD- Future Urban Development District only by resolution of
Council and only in locations specified by Council:
a) Two (2) single family dwellings per site and buildings accessory thereto;
b) Recreational Vehicle Storage yards;
c)
Home Based Businesses;
d) Accessory Dwelling Units;
e) Large accessory buildings;
f)
Keeping of livestock, but excluding intensive livestock operations, poultry farms, hatcheries or commercial dog kennels;
g) Cemeteries;
h) Campgrounds.
5.5.3
SITE DEVELOPMENT REGULATIONS
Minimum site area
Recreational: 2 hectares; Animal clinics: 1 hectare; Agricultural uses: 8 hectares
Minimum site frontage
30.0 m (100 ft)
Maximum site coverage
10%
Front yard
15 m (50 ft)
Side yard
7.5 m (25 ft) for dwelling and buildings accessory thereto, except the minimum side
yard abutting a public street shall be 10.0 m. (33 ft)
Rear yard
10 m (33 ft) for dwellings and buildings accessory thereto except that the minimum
rear yard abutting a public street shall be 30.0 m. (100 ft)
Notwithstanding the above, the minimum yard is 60.0 m from the centerline of a municipal road.
5.5.4
SIGNAGE
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a) One permanent sign is permitted per site;
b) In the case of a home occupation, an additional permanent sign is permitted;
c)
The facial area of a sign shall not exceed 0.5 m²;
d) No sign shall be located in any manner that may obstruct or jeopardize the safety of the public; and
e) Temporary signs not exceeding 1.0 m² advertising the sale or lease of the property or other information relating to a
temporary condition affecting the property are permitted.
5.5.5
SINGLE DETACHED DWELLINGS
a) To recognize existing uses, Council will consider building or expansion of single detached dwellings in a FUD District
on a site that holds an existing single detached dwelling
b) The approval of the development of a single detached dwelling on vacant or idle land or in a new subdivision for large
site residential use will not be considered except in conjunction with the adoption of a Concept Plan to the Official
Community Plan that designates the area for large site residential use.
c)
Council may consider approval of a single detached dwelling accessory or ancillary to another existing use, where the
location will not interfere with future development pursuant to the Plan and any Concept Plan adopted under that plan.
d) Council will consider the severance of a duplex or semi-detached dwelling unity into separate title for each side of
dwelling unit where there is sufficient land to meet the site size criteria in the specific zone and the dwellings affected
conform to Building Code requirements in effect of the time severance. (Bylaw 05/2024)
e) The minimum site area may be reduced to 280 m2 (3000 ft2) per dwelling unit where the original site size met the 530
m2 (6000 ft2) requirement at time of passage of the Zoning Bylaw. (Bylaw 05/2024)
f)
Side Yard Setback (Min) 1.2 m except: the side yard setback shall be 0 m between adjoining units, and 0 m from the
property line which follows a common or party wall. Setbacks vary to provincial highways depending on the highway
classification and should be confirmed with the Ministry of Highways.(Bylaw 01/2025)
5.5.6
ACCESSORY BUILDINGS AND STRUCTURES
a) No accessory building shall be located within 3.0 m of a side or rear site line except where the minimum yard abuts a
public street, in which case the minimum side or rear yard shall be 7.6 m.
b) The Building Floor Area for large accessory buildings on a Residential site may not exceed 150m² and shall not exceed
6.0 m (20 ft) in height from grade level to the underside of the eave.
5.5.7
SUPPLEMENTARY REGULATIONS
a) Council will consider the applications for discretionary use with respect to the following criteria:
i.
The sewer, water, and utility servicing capacity is available to service the development without excessive impact
on other uses being served by the system;
ii.
The proposed development will be consistent with any concept plans in force in the area and will not be
inconsistent with the future use and development plans of the Official Community Plan; and
iii.
The development will not require the development of new streets and utility lines except as may be provided for in
existing plans under the Official Community Plan and that the proposal is not premature.
b) Where a development is proposed at a location at which standard connection to the Town's existing sewer and water
system is not feasible the developer shall, at their own expense, provide suitable water supply and sewage disposal
facilities for that development acceptable to Council which meets The Public Health Act and Regulations requirements.
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c)
Any building or structure used for the habitation or shelter of animals permitted in this Zoning District shall be located a
minimum distance of 76.0 m from an occupied dwelling situated on an adjoining site.
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5.6
RESIDENTIAL DISTRICT - R1
No person shall initiate any permitted, discretionary or accessory use prior to obtaining a
Development Permit from the Development Officer. No person shall within any R1-Residential District use any land
or erect, alter or use any building or structure, except in accordance with the following provisions:
5.6.1
PERMITTED USES
a) One single detached dwelling;
b) Duplex or semi-detached dwelling;
c)
Buildings, structures, and uses accessory to, and located on the same site as, the principal building or use excepting
any building or structure used for human habitation;
d) Playgrounds and swimming pools;
e) Public works buildings and structures excluding offices, warehouses, and storage yards;
f)
Artisan studios;
g) Rooming houses.
5.6.2
DISCRETIONARY USES
The following uses may be permitted in the R1-Residential District only by resolution of Council and only in
locations specified by Council:
a) Home based businesses excluding Animal Clinics. A Home Based Business shall not occupy more than 25% of the
total finished floor area of a dwelling unit;
b) Accessory Dwelling Units;
c)
Day cares;
d) RTM, Manufactured, Modular or Mobile homes;
e) Bed and Breakfast homes;
f)
Personal care homes.
5.6.3
SITE DEVELOPMENT REGULATIONS
Single detached dwellings
Minimum site area
390 m² (4200 ft²)
Minimum floor area
70 m² (753 ft²)
Minimum site frontage
10.7 m (35 ft)
Maximum height
9.0 m (30 ft) for Principal buildings 5.0 m (16 ft) for Accessory
Maximum site coverage
50%
Minimum parking spaces
2
Minimum front yard
7.5 m (25 ft)
Minimum rear yard
1.2 m (4 ft)
Minimum side yard
1.5 m (5 ft) unless on a corner site the side yard shall be 3.0 m (10 ft)
R1
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Minimum building ratio
3:6 Width cannot be less than 50% of length
Duplex or Semi-Detached Dwellings
Minimum site area
560m² (6000 ft²). Minimum site area per pre-existing duplex or semi-detached
unit will be 280 m2 (3000 ft2). (Bylaw 05/2024)
Minimum floor area
70 m² (753 ft²) per dwelling unit
Minimum site frontage
7.5 m (25 ft) per dwelling unit; 15m (50 ft) per site
Maximum height
9.0 m (30 ft) for Principal buildings 5.0 m (16 ft) for Accessory
Maximum site coverage
50%. Maybe reduced to accommodate severance of existing duplex or semi-
detached into separate titled properties. (Bylaw 05/2024)
Minimum parking spaces
2 spaces/dwelling unit
Minimum front yard
7.5 m (25 ft)
Minimum rear yard
1.2 m (4 ft)
Minimum side yard
1.5 m (5 ft) unless on a corner site the side yard shall be 3.0 m (10 ft), except
the side yard setback shall be 0 m between adjoining units. (Bylaw 01/2025)
Mobile Homes
Minimum site area
390 m² (4200 ft²)
Minimum floor area
70 m² (753 ft²) per dwelling unit
Minimum site frontage
10.7 m (35 ft)
Maximum height
9.0 m (30 ft) for Principal buildings 5.0 m (16 ft) for Accessory
Maximum site coverage
50%
Minimum parking spaces
2
Minimum front yard
7.5 m (25 ft)
Minimum rear yard
1.2 m (4 ft)
Minimum side yard
1.5 m (5 ft) unless on a corner site the side yard shall be 3.0 m (10 ft)
Minimum home width
6.0 m (20 ft)
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5.6.4
ACCESSORY BUILDINGS AND STRUCTURES
a) All accessory buildings shall be located a minimum of 1.2 m from the principal building and 0.8 m from the side site
line, unless the side site line is an abutting street, then the side yard shall be 3.6 m.
b) No accessory building shall be located in the required front yard.
c)
All accessory buildings shall not exceed 83.6 m² (900 ft²) in area and shall not exceed 5.0 m (16 ft) in height from
grade level to the underside of the eave, or the height of the principal building, whichever is less.
d) All accessory buildings shall be located a minimum of 0.8 m from the rear site line except where an accessory building
has a door or doors opening onto a lane then it shall not be located less than 1.2 m from the site line abutting the lane.
e) All activities related to artisan studios, crafts and workshops shall be conducted within an enclosed building. No
exterior storage of materials, goods or waste products is permitted except a waste disposal bin for collection.
f)
In calculating the main floor area of a principal building the area of an attached garage shall be excluded.
5.6.5
DEVELOPMENT STANDARDS FOR MOBILE HOME REPLACEMENTS
a) Mobile homes which replace an existing mobile home that has been destroyed due to fire or other unforeseen events
(total loss) shall be permitted.
b) The replacement mobile home must be wider than 6.0 m (20 ft) and shall not be more than five (5) years old.
c)
All mobile homes must meet the standards set out in CSA A277 Procedure for Certification of Factory Built Houses,
and amendments thereto. All mobile homes must bear a label of a credible certification agency indicating that
compliance with the National Building Codes has been certified using the A277 procedure.
d) All attached and accessory structures shall require a Building Permit and shall comply with the requirements of the
National Building Code of Canada and the Building Bylaw of the Town of Pense.
e) All attached or accessory structures such as porches, sun room additions, skirting and storage facilities must be factory
prefabricated units, or of an equivalent quality, and shall be painted or prefinished so the design and construction will
complement the main structure.
f)
In order to protect the residential character of the community, wheels, hitches, and running gear must be removed
within thirty (30) days of arrival and must be skirted from the floor level to ground level in such a manner as to
compensate for vertical movements and to prevent the entrance of rodents and other small animals.
5.6.6
SIGNAGE
a) One permanent sign is permitted per site. In the case of a home based business, an additional permanent sign is
permitted in a window of the dwelling;
a) The facial area of a sign shall not exceed 0.5 m².
b) No sign shall be located in any manner that may obstruct or jeopardize the safety of the public.
c)
Temporary signs not exceeding 1.0 m² advertising the sale or lease of the property, or other information relating to a
temporary condition affecting the property, are permitted.
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5.7
RESIDENTIAL LOW DENSITY DISTRICT- R1A
No person shall initiate any permitted, discretionary or accessory use prior to obtaining a
Development Permit from the Development Officer. No person shall within any R1A-Residential Low Density
District use any land or erect, alter or use any building or structure, except in accordance with the following
provisions:
5.7.1
PERMITTED USES
a) One single detached dwelling;
b) Buildings, structures, and uses accessory to, and located on the same site as, the principal building or use excepting
any building or structure used for human habitation;
c)
Playgrounds and swimming pools;
d) Public works buildings and structures excluding offices, warehouses, and storage yards;
e) Artisan studios;
f)
Rooming house
5.7.2
DISCRETIONARY USES
The following uses may be permitted in the R1A-Residential District only by resolution of Council and only in
locations specified by Council:
a) Home Based Businesses excluding Animal Clinics. A Home Based Business shall not occupy more than 25% of the
total finished floor area of a dwelling unit;
b) Accessory Dwelling Units;
c)
Day cares;
d) RTM, Manufactured, or Modular homes excluding Mobile homes;
e) Bed and Breakfast homes;
f)
Personal care homes.
5.7.3
SITE DEVELOPMENT REGULATIONS
Single detached dwellings
Minimum site area
560 m² (6000 ft²)
Minimum floor area
100 m² (1,076 ft²)
Minimum site frontage
15.0 m (50 ft)
Maximum height
9.0 m (30 ft) for Principal building 5.0 m (16 ft) for Accessory
Maximum site coverage
50%
Minimum parking spaces
2
Minimum front yard
7.5 m (25 ft)
Minimum rear yard
1.2 m (4 ft)
Minimum side yard
1.5 m (5 ft) unless on a corner site the side yard shall be 3.0 m (10 ft)
R1A
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Minimum building ratio
3:6 Width cannot be less than 50% of length
5.7.4
ACCESSORY BUILDINGS AND STRUCTURES
a) All accessory buildings shall be located a minimum of 1.2 m from the principal building, and 0.8 m from the side site
line unless the side site line is an abutting street then the side yard shall be 3.6 m.
b) No accessory building shall be located in the required front yard.
c)
All accessory buildings shall not exceed 83.6 m² (900 ft²) in area and shall not exceed 5.0 m (16 ft) in height from
grade level to the underside of the eave, or the height of the principal building, whichever is less.
d) All accessory buildings shall be located a minimum of 0.8 m from the rear site line except where an accessory building
has a door or doors opening onto a lane then it shall not be located less than 1.2 m from the site line abutting the lane.
e) All activities related to artisan studios, crafts and workshops shall be conducted within an enclosed building. No
exterior storage of materials, goods or waste products is permitted except a waste disposal bin for collection.
f)
In calculating the main floor area of a principal building the area of an attached garage shall be excluded.
5.7.5
SIGNAGE
a) One permanent sign is permitted per site. In the case of a home based business, an additional permanent sign is
permitted in a window of the dwelling;
b) The facial area of a sign shall not exceed 0.5 m²;
c)
No sign shall be located in any manner that may obstruct or jeopardize the safety of the public; and
d) Temporary signs not exceeding 1.0 m² advertising the sale or lease of the property, or other information relating to a
temporary condition affecting the property, are permitted.
Town of Pense Zoning Bylaw 2/2023
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5.8
RESIDENTIAL MULTIPLE DWELLING DISTRICT - R2
No person shall initiate any permitted, discretionary or accessory use prior to obtaining a
Development Permit from the Development Officer. No person shall within any R2 - Residential Multiple Dwelling
District use any land, or erect, alter or use any building or structure except in accordance with the following
provisions:
5.8.1
PERMITTED USES
a) Duplexes and Semi-Detached dwellings;
b) Townhouses, Row houses, Fourplexes;
c)
Buildings, structures, and uses accessory to, and located on the same site as, the principal building or use excepting
any building or structure used for human habitation;
d) Playgrounds and swimming pools;
e) Public works, buildings and structures excluding warehouses, storage yards and waste management or sewage
facilities;
5.8.2
DISCRETIONARY USES
The following uses may be permitted in the R2 - Residential Multiple Dwelling District but only by resolution of
Council and only in locations specified in such resolution of Council.
a) One Single detached dwelling;
b) RTM, Manufactured, or Modular homes
c)
Apartment Buildings;
d) Home Based Businesses excluding Animal Clinics. A Home Based Business shall not occupy more than 25% of the
total finished floor area of a dwelling unit;
e) Personal care homes;
f)
Bed and Breakfast homes;
g) Day cares;
h) Artisan studios;
i)
Rooming house
5.8.3
SITE DEVELOPMENT REGULATIONS
Single detached dwellings
Minimum site area
390 m² (4200 ft²)
Minimum floor area
70 m² (753 ft²) per dwelling unit
Minimum site frontage
10.7 m (35 ft)
Maximum height
9.0 m (30 ft) for Principal buildings 5.0 m (16 ft) for Accessory
Maximum site coverage
50%
Minimum parking spaces
2
Minimum front yard
7.5 m (25 ft)
R2
Town of Pense Zoning Bylaw 2/2023
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Minimum rear yard
1.2 m (4 ft)
Minimum side yard
1.5 m (5 ft) unless on a corner site the side yard shall be 3.0 m (10 ft)
Minimum building ratio
3:6 Width cannot be less than 50% of length
Duplex or Semi-Detached Dwellings
Minimum site area
560m² (6000 ft²). Minimum site area per pre-existing duplex or semi-detached
unit will be 280 m2 (3000 ft2). (Bylaw 05/2024)
Minimum floor area
70 m² (753 ft²) per dwelling unit
Minimum site frontage
7.5 m (25 ft) per dwelling unit; 15m (50 ft) per site
Maximum height
9.0 m (30 ft) for Principal buildings 5.0 m (16 ft) for Accessory
Maximum site coverage
50%. Maybe reduced to accommodate severance of existing duplex or semi-
detached into separate titled properties. (Bylaw 05/2024)
Minimum parking spaces
2 spaces/dwelling unit
Minimum front yard
7.5 m (25 ft)
Minimum rear yard
1.2 m (4 ft)
Minimum side yard
1.5 m (5 ft) unless on a corner site the side yard shall be 3.0 m (10 ft), except
the side yard setback shall be 0 m between adjoining units. (Bylaw 01/2025)
Townhouse or Row house
Minimum site area
280 m² (3000 ft²) per dwelling unit
Minimum floor area
70 m² (753 ft²) per dwelling unit
Minimum site frontage
7.6 m (25 ft) per dwelling unit
Maximum height
9.0 m (30 ft) for Principal buildings 5.0 m (16 ft) for Accessory
Maximum site coverage
50%
Minimum parking spaces
2 spaces/dwelling unit
Minimum front yard
4.5 m (14.75 ft) with lane 6 m (20 ft) with no lane
Minimum rear yard
1.2 m (4 ft)
Minimum side yard
1.5 m (5 ft) not abutting a street; 3 m (10 ft) abutting a street) or 50% of the
average wall height, except the side yard setback shall be 0 m between
adjoining units. (Bylaw 01/2025)
Town of Pense Zoning Bylaw 2/2023
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Tri-plex or Four-plex
Minimum site area
560 m² (6000 ft²)
Minimum floor area
56 m² (600 ft²) per dwelling unit
Minimum site frontage
15.0 m (50 ft) per site
Maximum height
9.0 m (30 ft) for Principal buildings 5.0 m (16 ft) for Accessory
Maximum site coverage
50%
Minimum parking spaces
1.5 spaces/dwelling unit
Minimum front yard
6.0 m (20 ft)
Minimum rear yard
1.2 m (4 ft)
Minimum side yard
3.0 m (10 ft) or 50% of the average wall height, except the side yard setback
shall be 0 m between adjoining units. (Bylaw 01/2025)
Apartment Buildings
Minimum site area
930 m² (10,000 ft²)
Minimum floor area
46 m² (500 ft²) per dwelling unit
Minimum site frontage
25.0 m (82 ft)
Maximum height
3 storeys
Maximum site coverage
50% interior site, 60% corner site
Minimum parking spaces
1.25 spaces/ dwelling unit
Minimum front yard
6.0 m (20 ft)
Minimum rear yard
7.5 m (25 ft)
Minimum side yard
3.0 m (10 ft) or 50% of the average wall height
5.8.4
ACCESSORY BUILDINGS AND STRUCTURES
a) All accessory buildings shall be located a minimum of 1.2 m from the principal building, and 0.8 m from the side site
line, unless the side site line is an abutting street then the side yard shall be 3.6 m.
b) All accessory buildings shall be located a minimum of 0.8 m from the rear site line except where an accessory building
has a door or doors opening onto a lane, then it shall not be located less than 1.2 m from the site line abutting the lane.
c)
No accessory building shall be located in the required front yard.
d) All accessory buildings shall not exceed 83.6 m² (900 ft²) in area and shall not exceed 5.0 m (16 ft) in height from
grade level to the underside of the eave, or the height of the principal building, whichever is less.
e) All activities related to artisan studios, craft and workshops shall be conducted within an enclosed building. No exterior
storage of materials, goods or waste products is permitted except a waste disposal bin for collection.
Town of Pense Zoning Bylaw 2/2023
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f)
In calculating the main floor area of a principal building the area of an attached garage shall be excluded.
5.8.5
SIGNAGE
b) One permanent sign is permitted per site. In the case of a home based business, an additional permanent sign is
permitted in a window of the dwelling;
c)
The facial area of a sign shall not exceed 0.5 m² ;
d) No sign shall be located in any manner that may obstruct or jeopardize the safety of the public;
e) Temporary signs not exceeding 1 m² advertising the sale or lease of the property, or other information relating to a
temporary condition affecting the property, are permitted.
Town of Pense Zoning Bylaw 2/2023
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5.9
LIVE / WORK RESIDENTIAL ACREAGE DISTRICT- RA
No person shall initiate any permitted, discretionary or accessory use prior to obtaining a
Development Permit from the Development Officer. No person shall within any RA-Live/Work Residential Acreage
District, use any land, or erect, alter or use any building or structure except in accordance with the following
provisions.
5.9.1
PERMITTED USES
a) One single-detached dwelling;
b) Live/Work dwelling units in conjunction with any other permitted use attached to, behind or above, the other permitted
use;
c)
Buildings, structures, and uses accessory to, and located on the same site as, the principal building or use excepting
any building or structure used for human habitation;
d) Artisan studios, craft and workshops;
e) Personal services establishments;
f)
Home Based Businesses;
g) Outdoor markets and concessions (permanent, seasonal, or occasional);
h) Restaurants, tea houses, coffee shops;
i)
Storefront retail stores and outlets;
j)
Small-scale repair trades, art and hand craft shops and studios, craftspeople and similar trades, including retail sales of
art and craft products;
k)
Activities utilizing large power tools and machinery, or activities for the production of similar items or products;
l)
Public works buildings and structures excluding offices, warehouses, storage yards, and waste management or
sewage facilities;
m) Artisan studios;
n) Rooming house
5.9.2
DISCRETIONARY USES
The following uses may be permitted in the RA-Live/Work Residential Acreage District but only by resolution of
Council and only in locations specified by such resolution of Council:
a) Uses, including integrated or complementary uses, buildings or structures accessory to and located on the same site
as the principal building or use;
b) RTM, Manufactured, or Modular excluding Mobile homes
c)
Accessory Dwelling Units;
d) Animal clinics and/or the boarding of animals;
e) Painting, repairing or selling of motor vehicles or machinery;
f)
Day Cares;
g) Personal Care Homes;
h) Welding, metal works, cabinet making or furniture making;
i)
Large accessory buildings;
j)
Wind generation units
RA
Town of Pense Zoning Bylaw 2/2023
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5.9.3
PROHIBITED USES
a) All uses of land, buildings, and industrial process that may be noxious or injurious, or constitute a nuisance beyond the
building which contains it by reason of the production or emission of dust, smoke, refuse, matter, odour, gas, fumes,
noise vibration or other similar substances or conditions;
b) Junk and auto salvage yards, automobile wrecking yards, and other similar uses.
5.9.4
SITE DEVELOPMENT REGULATIONS
Permitted Uses
Minimum site area
6070 m² (1.5 acres)
Minimum floor area
100 m² (1,076 ft²)
Minimum site frontage
15.0 m (50 ft) with a lane or 20.0 m (66 ft) without a lane
Maximum height
9.0 m (30 ft) for the Principal building
Maximum site coverage
50%
Minimum parking spaces
2
Minimum front yard
7.5 m (25 ft)
Minimum rear yard
7.5 m (25 ft)
Minimum side yard
1.2 m (4 ft) unless on a corner site than the side yard shall be 6.0 m (20 ft)
5.9.5
SUPPLEMENTARY REGULATIONS
The following development standards shall apply to all Live/Work Residential Acreages:
a) Work associated with a live/work residential unit shall be conducted entirely indoors, and shall not be undertaken in
any attached garage space necessary for required parking;
b) There shall be no exterior storage on the site in relation to the live/work unit, and no exterior alterations shall be
permitted that are not consistent with the residential character of the buildings and property;
c)
No noise, vibration, smoke, dust, odours, heat, glare, electrical, television or radio interference detectable beyond the
boundaries of the dwelling containing the live/work unit shall be produced;
d) The size and nature of the workspace shall be limited so that the building type may be governed by applicable building
codes;
e) The dwelling component of the live/work unit shall be not less than 30% of the gross floor area of the live/work unit.
Any attached garage space necessary for required parking shall be excluded from the gross floor space ratio
calculation.
f)
All dwelling units shall have an entrance separate from that of the commercial establishment and shall conform to the
National Building Code Standards as applicable.
Town of Pense Zoning Bylaw 2/2023
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5.9.6
ACCESSORY BUILDING AND STRUCTURE REGULATIONS
Maximum height
6.0 m (20 ft)
Maximum floor area
150m² (1,615 ft²)
Front site line
7.5 m (25 ft)
Side site line
0.8 m (2.6 ft) unless the side site line is an abutting a street then the side yard
shall be 3.6 m (12 ft)
Rear site line
0.8 m (2.6 ft) except where an accessory building has a door or doors opening
onto a lane then it shall not be located less than 1.5 m (5 ft) from the site line
abutting the lane.
Minimum distance from
Principal building
1.2 m (4 ft)
a) All activities related to artisan studios, crafts, workshops and commercial activities workshops shall be conducted
within an enclosed building. No exterior storage of materials, goods, or waste products is permitted except within a
waste disposal bin for collection.
b) The Building Floor Area for large accessory buildings on a Residential site may not exceed 150m² and shall not exceed
6.0 m (20 ft) in height from grade level to the underside of the eave.
c)
No accessory building shall be located within 3.0 m of a side or rear site line except where the minimum yard abuts a
public street, in which case the minimum side or rear yard shall be 7.6m.
5.9.7
SIGNAGE
a) One permanent sign is permitted per site.
b) In the case of a home based business, an additional permanent sign is permitted in a window of a dwelling, affixed to
the dwelling or accessory building or free standing on the property at least 3 m in from any lot line.
c)
The facial area of a sign shall not exceed 0.5 m².
d) No sign shall be located in any manner that may obstruct or jeopardize the safety of the public.
e) Temporary signs not exceeding 1.0 m² advertising the sale or lease of the property, or other information relating to a
temporary condition affecting the property, are permitted.
Town of Pense Zoning Bylaw 2/2023
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5.10
COMMERCIAL DISTRICT - C1
No person shall initiate any permitted, discretionary or accessory use prior to obtaining a
Development Permit from the Development Officer. No person shall within any C1 District use any land, or erect,
alter or use any building or structure, except in accordance with the following provisions:
5.10.1
PERMITTED USES
a) Banks, credit unions, and other financial institutions;
b) Administrative offices;
c)
Barbers, hairdressers, and other similar personal services establishments;
d) Medical, dental and other health care offices and clinics or health services;
e) Restaurants, tea houses, coffee shops, and other similar retail food services;
f)
Storefront retail stores and outlets;
g) Convenience stores;
h) Theatres, assembly halls, places of worship;
i)
Commercial recreation establishments such as bowling alleys, arcades and fitness centers;
j)
Licensed premises for the sale and consumption of alcoholic beverages;
k)
Libraries, galleries, museums and other similar cultural institutions;
l)
Storefront bakeries, butcher shops, and similar food processing with on-site retail sales;
m) Outdoor markets and concessions (permanent, seasonal, or occasional);
n) Small-scale repair trades such as tailors, jewelers, art and hand craft shops and studios, craftspeople and similar
trades, including retail sales of art and craft products;
o) Construction Trades without yards;
p) Artisan forges and foundries;
q) Dwellings attached to and behind, or above, commercial establishments;
r)
Buildings, structures, and uses accessory to, and located on the same site as, the principal building or use excepting
any building or structure used for human habitation;
s)
Public works buildings and structures excluding offices, warehouses, storage yards, and waste management or
sewage facilities.
t)
Daycares. (Bylaw 03/2024)
5.10.2
DISCRETIONARY USES
The following uses may be permitted in the C1- Commercial District but only by resolution of Council and only in
locations specified by such resolution of Council:
a) Lumber and building supply establishments;
b) Animal clinics;
c)
Recycling and Collection Depots;
d) Mobile Storage Containers including Sea and Rail Containers;
e) Service Stations, Motor vehicle repair shops;
f)
Newspaper offices and printing plants and services;
g) Service Stations and Gas bars;
h) Other innovative commercial uses consistent with street level retail and services.
C1
Town of Pense Zoning Bylaw 2/2023
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5.10.3
SITE DEVELOPMENT REGULATIONS
Minimum site area
230 m² (2475 ft²); 900 m² ( 9687 ft² ) for service stations
Minimum site frontage
7.5 m (25 ft); 30 meters (100 ft) for service stations
Maximum site coverage
75%
Minimum front yard
No requirement; 7.5 m (25 ft) for service stations
Minimum rear & side yard
No requirement except when the side site line is the boundary of any Residential,
Community Service District or abuts a public street then the minimum side yard shall
be 1.5 m (5 ft) except when the rear site line abuts a railway right-of-way no rear yard
need be provided.
Accessory buildings
Setbacks for accessory buildings shall meet the same requirements as the principal
use or building.
5.10.4
SIGNAGE
Signs and billboards shall be prohibited in the C1 - Commercial District except for signs advertising the principal
use of the premises or the principal products offered for sale on the premises. Permitted signs shall be subject to
the following requirements:
a) No sign shall be located in any manner that may obstruct or jeopardize the safety of the public;
b) The facial area of a sign shall not exceed 0.5 m²;
c)
Temporary signs not exceeding 1.0 m² advertising the sale or lease of the property, or other information relating to a
temporary condition affecting the property, are permitted.
5.10.5
PARKING
Off-street parking requirements shall be provided in accordance with the following:
Dwelling Unit
1 parking space per unit
Places of assembly, institutional buildings
1 parking space for each 50 m² (538 ft²) of floor area
All other uses
No requirement
5.10.6
LANDSCAPING
Where a site abuts any Residential District without an intervening lane, there shall be a strip of land adjacent to
the abutting site line of not less than 1.5 m (5 ft) through which shall not be used for any purpose except
landscaping.
Town of Pense Zoning Bylaw 2/2023
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5.10.7
OUTSIDE STORAGE
a) Open air operations, storage and display of goods or material are prohibited in any front yard. Outdoor storage is
permitted in side and rear yards.
b) Commercial vehicles and equipment associated with a permitted use may be stored on-site provided the area used for
storage of these vehicles does not exceed the area of the building used by the business to carry out its operations. No
vehicles, materials or equipment shall be in a state of disrepair.
c)
All outside storage shall be fenced when the area abuts a Residential or Community Service District without an
intervening street or land, the storage area shall be screened with a solid fence or hedge at least 2.0 m in height.
d) The Town may apply special standards as a condition or for a discretionary use approval regarding the location of
areas used for storage for that use.
e) All Mobile Storage and Shipping Containers including Rail and Sea Containers (SeaCans) shall require a Development
Permit and are subject to the following regulations:
i.
Mobile Storage Containers must be properly anchored and shall be located a minimum of 3.0 m from the primary
building and behind the rear wall of the primary building; and
ii.
When the container is determined by the Town to be unsightly, misused, unsafe, or inappropriate in any way, it
must be removed at the owner's expense within a time period specified by the Town.
5.10.8
SUPPLEMENTARY REGULATIONS
5.10.8.1 Dwelling Units
a) Dwelling Units are permitted as long as the principal use is undergoing.
b) Dwelling units shall have a floor area smaller than or equal to the floor area in commercial use.
c)
Minimum floor area for each dwelling unit shall be 45 m² (500 ft²).
d) All dwelling units shall have an entrance separate from that of the commercial establishment.
e) Dwelling units shall be located above or at the rear and attached to the principal commercial use.
f)
Dwelling Units shall meet the National Building Code Standards as applicable.
5.10.8.2 Service Stations
a) The minimum lot area for a service station shall be 900 m², with a required 30.0 metre frontage and 7.5 metre
front yard.
b) On a corner lot, only one access shall be constructed on the flankage, located a minimum of 6.0 m from the
intersection.
c)
Fuel pumps and other accessory equipment shall be located not less than 6.0 m from any street or site line.
d) All automobile parts, dismantled vehicles, and similar articles shall be stored within a building or screened to the
satisfaction of Council.
Town of Pense Zoning Bylaw 2/2023
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5.11
INDUSTRIAL DISTRICT - I1
No person shall initiate any permitted, discretionary or accessory use prior to obtaining a
Development Permit from the Development Officer. No person shall within any I1- Industrial District use any land,
or erect, alter, or use any building or structure except in accordance with the following provisions.
5.11.1
PERMITTED USES
a) Business and/or professional offices;
b) Industrial Park containing a combination of permitted uses;
c)
Auto body shops;
d) Construction and other industrial trades yards, plants, and/or offices;
e) Warehousing and supply depots;
f)
Manufacturing, fabricating, processing, assembly, finishing, production or packaging of materials, goods or products
that are not noxious;
g) Agricultural and Industrial machinery equipment and vehicle sales and service;
h) Residential or agricultural building assembly area;
i)
Semi-Trailer and Container Parking Lot;
j)
Lumber and building supply establishment;
k)
Contractors offices, workshops and yards;
l)
Construction of RTM homes;
m) Indoor repair, rental, servicing, storage, wholesale of any commodity and/or retail sales of any goods, materials and/or
commodities excluding any hazardous materials;
n) Service stations, Commercial Cardlock operations;
o) Motor or recreational vehicle sales and servicing and/or temporary storage compound;
p) Trucking operations;
q) Recycling and Collection Depots (Commercial);
r)
Public works buildings and structures excluding offices, warehouses, storage;
s)
Municipal yards and waste management or sewage facilities;
t)
Buildings, structures, and uses accessory to, and located on the same site as, the principal building or use excepting
any building or structure used for human habitation.
5.11.2
DISCRETIONARY USES
The following uses may be permitted in the I1- Industrial District but only by resolution of Council and only in
locations specified in such resolution of Council:
a) Bulk petroleum sales and storage.
b) Mobile Storage Containers including Sea and Rail Containers;
c)
Stockyards and auction marts;
d) Junk/salvage yards and auto wreckers;
e) Restaurants;
f)
Meat Processing Plants/Abattoirs;
g) Seed Cleaning plants, feed mills and flour mills;
h) Fertilizer sales and storage;
i)
Cement manufacturing;
I1
Town of Pense Zoning Bylaw 2/2023
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j)
Aggregate material storage or handling operations.
5.11.3
PROHIBITED USES
The following uses shall be strictly prohibited within an Industrial District (I1):
a) All uses of land, buildings or processes that may be noxious or injurious, or constitute a nuisance beyond the building
which contains it by reason of the production or emission of dust, smoke, refuse, matter, odour, gas, fumes, noise,
vibration or other similar substances or conditions;
b) Dwelling units;
c)
All uses of buildings and land except those specifically noted as permitted or discretionary.
5.11.4
SITE DEVELOPMENT REGULATIONS
Minimum site area
900 m² (9687 ft²) There shall be no minimum site development requirements for
public works buildings.
Minimum site frontage
30 m (100 ft)
Maximum site coverage
75%
Minimum front yard
7.5 m (25 ft) unless abutting the highway or service road than 9.0 m (30 ft)
Minimum rear yard
3.0 m (10 ft) or 10% of the depth of the lot whichever is greater unless the rear lot
line abuts a railway in which case no rear yard is required
Minimum side yard
3.0 m (10 ft) except when the side site line is the boundary of any Residential,
Community Service District or abuts a public street then the minimum side yard shall
be 6.0 m (20 ft)
Accessory buildings
Setbacks for accessory buildings shall meet the same requirements as the principal
use or building.
There shall be no minimum site development requirements for public works buildings.
a) The Development Officer may require a greater setback for a permitted or discretionary use if it is deemed that the use
may substantially interfere with the safety and amenity of adjacent sites. The Development Officer may allow a building
to be occupied by a combination of one or more of the permitted or discretionary uses listed within this Zoning District;
however, each use shall obtain a separate Development Permit.
5.11.5
OUTSIDE STORAGE
a) Open air operations, storage and display of goods or material are prohibited in any front yard. Outdoor storage is
permitted in side and rear yards.
b) Commercial vehicles and equipment associated with a permitted use may be stored on-site provided the area used for
storage of these vehicles does not exceed the area of the building used by the business to carry out its operations. No
vehicles, materials or equipment shall be in a state of disrepair.
c)
All outside storage shall be fenced when the area abuts a Residential or Community Service District without an
intervening street or land, the storage area shall be screened with a solid fence or hedge at least 2.0 m in height.
Town of Pense Zoning Bylaw 2/2023
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d) The Town may apply special standards as a condition or for a discretionary use approval regarding the location of
areas used for storage for that use.
e) No wrecked, partially dismantled or inoperable vehicle or machinery shall be stored or displayed in any required yard.
No yard shall be used for the storage or collection of hazardous material.
f)
The Town may require special standards for the location setback or screening of any area devoted to the outdoor
storage of vehicles in operating equipment and machinery normally used for the maintenance of the property, vehicles
or vehicular parts.
g) All Mobile Storage Containers including Rail and Sea Containers (Sea Cans) shall require a Development Permit and
are subject to the following regulations:
i.
Mobile Storage Containers must be properly anchored and shall be located a minimum of 3.0 m from the primary
building and behind the rear wall of the primary building; and
ii.
When the container is determined by the Town to be unsightly, misused, unsafe, or inappropriate in any way, it
must be removed at the owner's expense within a time period specified by the Town.
5.11.6
SIGNAGE
Signs and billboards are prohibited in the I1 Industrial District except for signs advertising the principal use of the
premises or the names of the occupants of the premises. Permitted signs shall be subject to the following
regulations:
a) No sign shall be located in any manner that may obstruct or jeopardize the safety of the public;
b) Temporary signs not exceeding 1 m² advertising the sale or lease of the property or other information relating to a
temporary condition affecting the property are permitted;
c)
Temporary signs advertising product prices or sales, special events related to retail and service activities, or
advertising community or charity activities or events are permitted.
Maximum number of signs
Up to two (2) signs, which may be fascia, canopy, roof, projecting or any
combination thereof, may be located on any site
Maximum size
The facial area of a sign shall not exceed 20.0 m².
Location
All signs, except for canopy and projecting signs, shall be located within the lot
lines of the lot in which they are located.
Billboards or Freestanding
Signs
One (1) billboard sign may be erected on any lot, in addition to other permitted
signs. A site may have either a freestanding or billboard sign, but not both.
Special Provisions
Bulk petroleum sales and storage, motor vehicle sales, and service stations may
erect one freestanding sign in addition to other permitted signs.
5.11.7
PARKING
Off-street parking requirements shall be provided in accordance with the following:
Warehouses or
manufacturing activities
1 parking space for each 90 m² (968 ft²) of gross floor area
Town of Pense Zoning Bylaw 2/2023
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Principal buildings
1 parking space for each 50 m² (538 ft²) of gross floor area, or 1 parking space for
each 1.5 employees, whichever is greater.
5.11.8
LOADING REQUIREMENTS
Where the use of a building or site involves the receipt, distribution or dispatch by vehicles of materials, goods or
merchandise, adequate space for such vehicles to stand for loading and unloading shall be provided on the site.
The minimum area of an individual loading space shall be 17.0 m². Doors located in side yards shall not be used
for delivery purposes.
Gross Floor Area
Minimum Number of Loading Spaces
90 m² to 1300 m²
1 space
1301 m² to 2500 m²
2 spaces
>2500 m²
2 spaces +1 space for each additional 2500 m²
5.11.9
PERFORMANCE STANDARDS
An industrial operation including production, processing, cleaning, testing, repairing, storage or distribution of any
material shall conform to the following standards:
a) Emit no noise of industrial production audible beyond the boundary of the lot on which the operation takes place;
b) Smoke - no process involving the use of solid fuel is permitted;
c)
Dust or ash - no process involving the emission of dust, fly ash or other particulate matter is permitted;
d) Odour - the emission of any odourous gas or other odourous matter is prohibited;
e) Toxic gases - the emission of any toxic gases or other toxic substances is prohibited;
f)
Glare or heat - no industrial operation shall be carried out that would produce glare or heat discernible beyond the
property line of the lot;
g) External storage - external storage of goods or material is permitted if kept in a neat and orderly manner or suitably
enclosed by a fence or wall to the satisfaction of the authority having jurisdiction. No storage shall be permitted in the
front yard;
h) Industrial wastes - waste which does not conform to the standards established from time to time by Town Bylaws shall
not be discharged into any Town sewers.
i)
The onus of proving to the authority having jurisdiction and Council's satisfaction that a proposed development does
and will comply with these requirements rests with the developer.
Town of Pense Zoning Bylaw 2/2023
- 73 -
5.11.10
LANDSCAPING
a)
A landscaped strip of not less than 3 m in width throughout lying parallel and abutting the front site line shall
be provided on every site.
b)
On corner lots, in addition to the landscaping required in the front yard, the whole of any required side yard
abutting the flanking street shall be landscaped.
c)
Where a site abuts any Residential District without an intervening land, there shall be a strip of land adjacent
to the abutting site line of not less than 1.5 m (5 ft) through which shall not be used for any purpose except
landscaping.
Town of Pense Zoning Bylaw 2/2023
- 74 -
5.12
COMMUNITY SERVICE DISTRICT - CS
No person shall initiate any permitted, discretionary or accessory use prior to obtaining a
Development Permit from the Development Officer. No person shall, within any CS - Community Service District,
use any land, or erect, alter or use any building or structure except in accordance with the following provisions:
5.12.1
PERMITTED USES
a) Elementary schools and other educational facilities;
b) Lodges, social clubs, service clubs;
c)
Municipal offices, libraries, historic and cultural institutions, community halls;
d) Places of Worship or assembly;
e) Health facilities and Special Care Homes;
f)
(Tele)Communication Towers;
g) Recreational - sports fields, parks, playgrounds, curling rinks, skating rinks, tennis courts, lawn bowling greens,
swimming pools, and other similar uses. More than one recreational use may be permitted per site;
h) Buildings, structures, or uses secondary or subordinate to, and located on the same site as the principal use, shall be
considered accessory uses and, may include commercial uses but not buildings or structures used for human
habitation;
i)
Natural and nature-like open areas;
j)
Pedestrian trails and bicycle pathways;
k)
Skateboard parks or BMX bike-terrain;
l)
Scenic lookout and interpretation facilities, rest stops, and other public trail facilities;
m) Public works buildings and structures storage yards, warehouses, drainage ditches, culverts, and other drainage
works, and shall include water reservoirs and sewage treatment facilities.
5.12.2
DISCRETIONARY USES
The following uses may be permitted in the Community Service District-CS, but only by resolution of Council and
only in locations specified in such resolution of Council:
a) Golf courses, auto race tracks, horse race tracks, or other very large or very intensive use facilities;
b) Wind generation units.
CS
Town of Pense Zoning Bylaw 2/2023
- 75 -
5.12.3
SITE DEVELOPMENT REGULATIONS
Permitted uses (other than educational facilities, rinks and swimming pools)
Minimum site area
450 m² (4843 ft²)
Minimum site frontage
15 m (50 ft)
Minimum front yard
6.0 m (20 ft)
Minimum rear yard
6.0 m (20 ft) except where the rear of the site abuts any Residential District
without an intervening street or lane, a rear yard of at least 7.5 m (25 ft).
Minimum side yard
Not less than half the height of the building or 3.0 m, whichever is more
Educational facilities
Minimum site area
No minimum requirement
Minimum site frontage
60 m (200 ft)
Maximum site coverage
75%
Minimum front yard
15 m (50 ft0
Minimum rear yard
7.5 m (25 ft)
Minimum side yard
7.5 m (25 ft)
Rinks and swimming pools
Minimum site area
1208 m² (13,000 ft²)
Minimum site frontage
20 m (66 ft)
Minimum front yard
7.5 m (25 ft)
Minimum rear yard
7.5 m (25 ft)
Minimum side yard
1.5 m (5 ft) except on a corner site abutting a street then 3.6 m (12 ft)
Town of Pense Zoning Bylaw 2/2023
- 76 -
Accessory buildings
Front site line
7.5 m (25 ft)
Principal building
1.2 m (4 ft)
Side site line
0.8 m (2.6 ft) unless the side site line is an abutting a street then the side yard shall
be 3.6 m (12 ft)
Rear site line
All accessory buildings with a door or doors opening onto a lane shall not be
located less than 1.2 m from the site line abutting the lane.
5.12.4
SIGNAGE
a) The facial area of a sign shall not exceed 1.0 m².
b) Signs and billboards are prohibited except for one information sign for each building or use and those bearing notices
of special events and activities, or other information, relating to a temporary condition affecting the site and shall not
exceed 1.0 m² in size.
5.12.5
PARKING
Off-street parking requirements shall be provided in accordance with the following:
Educational facility
1 parking space for each staff member
Churches and Places of Assembly
1 parking space for each 50 m² (538 ft²) of floor area
Special care homes
1 parking space for each bed.
Institutional buildings, private clubs and
lodges
1 parking space for each 50 m² (538 ft²) of floor area
Recreational buildings, sports facilities and
fields
1 parking space for each of every ten patrons or seats.
5.12.6
LANDSCAPING
a) A landscaped strip of not less than 3.0 m in width throughout lying parallel and abutting the front site line shall be
provided on every site.
b) On corner lots, in addition to the landscaping required in the front yard, the whole of any required side yard abutting the
flanking street shall be landscaped.
c)
Where a site abuts any Residential District without an intervening land, there shall be a strip of land adjacent to the
abutting site line of not less than 1.5 m (5 ft) through which shall not be used for any purpose except landscaping.
Town of Pense Zoning Bylaw 2/2023
- 77 -
5.13
CONSOLIDATED TABLES OF ZONING REQUIREMENT REGULATIONS
5.13.1
MINIMUM SITE AREA M2 [FT2]
DEVELOPMENT STANDARD
AND PERMITTED USE
ZONING DISTRICT
R1
R1A
R2
RA
C1
I1
CS
FUD
Single detached dwelling
390 [4200]
560 [6000]
390 [4200]
N/A
N/A
N/A
N/A
N/A
Duplex dwelling (Bylaw 05/2024)
560 [6000]
minimum site area per pre-existing
duplex or semi-detached will be 280
m2 (3000 ft2)
N/A
560 [6000]
minimum site area per pre-existing duplex or semi-
detached will be 280 m2 (3000 ft2)
Semi-detached dwelling (Bylaw
05/2024)
Mobile home
390 [4200]
N/A
Townhouse (per dwelling unit)
N/A
280 [3000]
Triplex/Fourplex
560 [6000]
Apartment building
930 [10000]
Residential Acreage
N/A
6070
[1.5 acres]
Commercial Uses
N/A
230 [2475] (a)
Industrial Uses
N/A
900 [9687]
Community Service Uses other
than schools, rinks, or pools
N/A
450 [4843]
Schools
NONE
Rinks and swimming pools
1208 [13000]
Recreational
N/A
2 ha [4 acres]
Agricultural
8 ha [19 acres]
Offices & Clinics
1 ha [2 acres]
(a) 900 [9687] for service stations
** No minimum for public works buildings in all zoning districts **
Town of Pense Zoning Bylaw 2/2023
- 78 -
5.13.2
MINIMUM FLOOR AREA M [FT]
DEVELOPMENT STANDARD
AND PERMITTED USE
ZONING DISTRICT
R1
R1A
R2
RA
C1
I1
CS
FUD
Single detached dwelling
70 [753]
100 [1076]
70 [753]
N/A
N/A
N/A
N/A
N/A
Duplex dwelling
N/A
Semi-detached dwelling
Mobile home
N/A
Townhouse (per dwelling unit)
N/A
70 [753]
Triplex/Fourplex (per dwelling
unit)
56 [600]
Apartment building (per
dwelling unit)
46 [500]
Residential Acreage
N/A
100 [1076]
Commercial Uses
N/A
(a)
Industrial Uses
N/A
None
Community Service Uses other
than schools, rinks, or pools
N/A
None
Schools
Rinks and swimming pools
Recreational
N/A
None
Agricultural
Offices & Clinics
Accessory dwelling unit
(b)
(b)
N/A
(a)
N/A
N/A
N/A
N/A
(a) 56 [500] for dwelling units attached to and behind, or above, commercial establishment
(b) Secondary, Garden, Garage and Laneway Suites: 30 [323]; Tiny Houses: 10 [108]; Shipping Container Conversion: 22.3 [240]
Town of Pense Zoning Bylaw 2/2023
- 79 -
5.13.3
MINIMUM SITE FRONTAGE M [FT]
DEVELOPMENT STANDARD
AND PERMITTED USE
ZONING DISTRICT
R1
R1A
R2
RA
C1
I1
CS
FUD
Single detached dwelling
10.7 [35]
15 [50]
10.7 [35]
N/A
N/A
N/A
N/A
N/A
Duplex dwelling
15 [50]
N/A
15 [50]
Semi-detached dwelling
Mobile home
10.7 [35]
N/A
Townhouse (per dwelling unit)
N/A
7.5 [25]
Triplex/Fourplex
15 [50]
Apartment building
25 [82]
Residential Acreage
N/A
15 [50] (b)
Commercial Uses
N/A
7.5 [25] (c)
Industrial Uses
N/A
30 [100]
Community Service Uses other
than schools, rinks, or pools
N/A
15 [50]
Schools
60 [200]
Rinks and swimming pools
20 [66]
Recreational
N/A
30 [100]
Agricultural
Offices & Clinics
(b) 20 [66] without a lane
(c) 30 [100] for service stations
Town of Pense Zoning Bylaw 2/2023
- 80 -
5.13.4
MAXIMUM HEIGHT M [FT]
DEVELOPMENT STANDARD
AND PERMITTED USE
ZONING DISTRICT
R1
R1A
R2
RA
C1
I1
CS
FUD
Single detached dwelling
9 [30]
9 [30]
9 [30]
N/A
N/A
N/A
N/A
N/A
Duplex dwelling
N/A
Semi-detached dwelling
Mobile home
N/A
Townhouse (per dwelling unit)
N/A
9 [30]
Triplex/Fourplex
9 [30]
Apartment building
3 storeys
Residential Acreage
N/A
9 [30]
Commercial Uses
N/A
None
Industrial Uses
N/A
None
Community Service Uses other
than schools, rinks, or pools
N/A
None
Schools
Rinks and swimming pools
Recreational
N/A
None
Agricultural
Offices & Clinics
Accessory Building
5 [16]
5 [16]
5 [16]
6 [20]
N/A
N/A
N/A
N/A
Town of Pense Zoning Bylaw 2/2023
- 81 -
5.13.5
MAXIMUM SITE COVERAGE %
DEVELOPMENT STANDARD
AND PERMITTED USE
ZONING DISTRICT
R1
R1A
R2
RA
C1
I1
CS
FUD
Single detached dwelling
50%
Maybe reduced to accommodate
severance of existing duplex or
semi-detached into separate titled
properties
50%
50%
Maybe reduced to accommodate severance of
existing duplex or semi-detached into separate
titled properties
N/A
N/A
N/A
N/A
N/A
Duplex dwelling (Bylaw 05/2024)
N/A
Semi-detached dwelling (Bylaw
05/2024)
Mobile home
N/A
Townhouse (per dwelling unit)
N/A
50% (d)
Triplex/Fourplex
Apartment building
Residential Acreage
N/A
50%
Commercial Uses
N/A
75%
Industrial Uses
N/A
75%
Community Service Uses other
than schools, rinks, or pools
N/A
75%
Schools
Rinks and swimming pools
Recreational
N/A
10%
Agricultural
Offices & Clinics
(d) if the site is on a corner, then 60%
Town of Pense Zoning Bylaw 2/2023
- 82 -
5.13.6
MINIMUM PARKING SPACES
DEVELOPMENT STANDARD
AND PERMITTED USE
ZONING DISTRICT
R1
R1A
R2
RA
C1
I1
CS
FUD
Single detached dwelling
2
2
2
N/A
N/A
N/A
N/A
N/A
Duplex dwelling
2/unit
N/A
2/unit
Semi-detached dwelling
Mobile home
2
N/A
Townhouse (per dwelling unit)
N/A
2/unit
Triplex/Fourplex
1.5/unit
Apartment building
1.25/unit
Residential Acreage
N/A
2
Commercial Uses
N/A
None (e)
Industrial Uses
N/A
(f)
Community Service Uses other
than schools, rinks, or pools
N/A
1 per 50 [538]
Schools
1 per staff
Rinks and swimming pools
1 per 10 seats
Recreational
N/A
Agricultural
Offices & Clinics
Accessory Dwelling Unit
1/unit
1/unit
N/A
1/unit
N/A
N/A
N/A
N/A
(e) Accessory Dwelling Units require 1 parking space each;
Places of assembly and institutional - 1 parking space for each 50 [538] of floor area
(f) Warehouses or manufacturing - 1 parking space for each 90 [968] of floor area;
Principal buildings - 1 parking space for each 50 [538] of floor area or for each 1.5 employees, whichever is greater
Town of Pense Zoning Bylaw 2/2023
- 83 -
5.13.7
MINIMUM FRONT YARD M [FT]
DEVELOPMENT STANDARD
AND PERMITTED USE
ZONING DISTRICT
R1
R1A
R2
RA
C1
I1
CS
FUD
Single detached dwelling
7.5 [25]
7.5 [25]
7.5 [25]
N/A
N/A
N/A
N/A
N/A
Duplex dwelling
N/A
Semi-detached dwelling
Mobile home
N/A
Townhouse (per dwelling unit)
N/A
4.5 [14.75] with lane
6 (20) with no lane
Triplex/Fourplex
6 [20]
Apartment building
6 [20]
Residential Acreage
N/A
7.5 [25]
Commercial Uses
N/A
None (g)
Industrial Uses
N/A
7.5 [25] (h)
Community Service Uses other
than schools, rinks, or pools
N/A
6 [20]
Schools
15 [50]
Rinks and swimming pools
7.5 [25]
Recreational
N/A
15 [50]
Agricultural
Offices & Clinics
Accessory building
N/A
N/A
N/A
7.5 [25]
N/A
N/A
7.5 [25]
N/A
(g) 7.5 [25] for service stations
(h) unless abutting the highway or service road then 9 [30]
Town of Pense Zoning Bylaw 2/2023
- 84 -
5.13.8
MINIMUM REAR YARD M [FT] NOT ABUTTING A PUBLIC STREET, LANE OR RAILWAY RIGHT-OF-WAY
DEVELOPMENT STANDARD
AND PERMITTED USE
ZONING DISTRICT
R1
R1A
R2
RA
C1
I1
CS
FUD
Single detached dwelling
1.2 [4]
1.2 [4]
1.2 [4]
N/A
N/A
N/A
N/A
N/A
Duplex dwelling
N/A
Semi-detached dwelling
Mobile home
N/A
Townhouse (per dwelling unit)
N/A
1.5 [5]
Triplex/Fourplex
1.2 [4]
Apartment building
7.5 [25]
Residential Acreage
N/A
7.5 [25]
Commercial Uses
N/A
None
Industrial Uses
N/A
(i)
Community Service Uses other
than schools, rinks, or pools
N/A
6 [20]
Schools
7.5 [25]
Rinks and swimming pools
7.5 [25]
Recreational
N/A
10 [33]
Agricultural
Offices & Clinics
Accessory building
0.8 [2.6]
0.8 [2.6]
0.8 [2.6]
0.8 [2.6]
N/A
N/A
0.8 [2.6]
3 [10]
(i) 3 [10] or 10% of the lot depth whichever is greater
Town of Pense Zoning Bylaw 2/2023
- 85 -
5.13.9
MINIMUM REAR YARD M [FT] ABUTTING A PUBLIC STREET, LANE OR RAILWAY RIGHT-OF-WAY
DEVELOPMENT STANDARD
AND PERMITTED USE
ZONING DISTRICT
R1
R1A
R2
RA
C1
I1
CS
FUD
Single detached dwelling
1.2 [4]
1.2 [4]
1.2 [4]
N/A
N/A
N/A
N/A
N/A
Duplex dwelling
N/A
Semi-detached dwelling
Mobile home
N/A
Townhouse (per dwelling unit)
3 [10]
Triplex/Fourplex
3 [10]
Apartment building
7.5 [25]
Residential Acreage
N/A
7.5 [25]
Commercial Uses
N/A
None
Industrial Uses
N/A
None
Community Service Uses other
than schools, rinks, or pools
N/A
7.5 [25]
Schools
7.5 [25]
Rinks and swimming pools
7.5 [25]
Recreational
N/A
30 [100]
Agricultural
Offices & Clinics
Accessory building
0.8 [2.6] (j)
0.8 [2.6] (j)
0.8 [2.6] (j)
0.8 [2.6] (j)
N/A
N/A
0.8 [2.6] (j)
7.5 [25]
(j) Except where an accessory building has a door or doors opening onto a lane then it shall not be located less than 1.2 [4]
Town of Pense Zoning Bylaw 2/2023
- 86 -
5.13.10
MINIMUM SIDE YARD M [FT] NOT ABUTTING A PUBLIC STREET
DEVELOPMENT STANDARD
AND PERMITTED USE
ZONING DISTRICT
R1
R1A
R2
RA
C1
I1
CS
FUD
Single detached dwelling
1.5 [5]
1.5 [5]
1.5 [5]
except the side yard setback shall be 0 m
between adjoining units (Bylaw 01/2025)
N/A
N/A
N/A
N/A
N/A
Duplex dwelling
N/A
Semi-detached dwelling
Mobile home
N/A
Townhouse (per dwelling unit)
N/A
1.5 [5] for Townhouse(k) All others 3 (10)
except the side yard setback shall be 0 m
between adjoining units (Bylaw 01/2025)
Triplex/Fourplex
Apartment building
Residential Acreage
N/A
1.2 [4]
Commercial Uses
N/A
None
Industrial Uses
N/A
3 [10]
Community Service Uses other
than schools, rinks, or pools
N/A
3 [10] (k)
Schools
7.5 [25]
Rinks and swimming pools
1.5 [5]
Recreational
N/A
7.5 [25]
Agricultural
Offices & Clinics
Accessory building
0.8 [2.6]
0.8 [2.6]
0.8 [2.6]
0.8 [2.6]
N/A
N/A
0.8 [2.6]
3 [10]
(k) or 50% of the average wall height, whichever is less
Town of Pense Zoning Bylaw 2/2023
- 87 -
5.13.11
MINIMUM SIDE YARD M [FT] ABUTTING A PUBLIC STREET
DEVELOPMENT STANDARD
AND PERMITTED USE
ZONING DISTRICT
R1
R1A
R2
RA
C1
I1
CS
FUD
Single detached dwelling
3 [10]
3 [10]
3 [10]
except the side yard setback shall be 0 m
between adjoining units (Bylaw 01/2025)
N/A
N/A
N/A
N/A
N/A
Duplex dwelling
N/A
Semi-detached dwelling
Mobile home
N/A
Townhouse (per dwelling unit)
N/A
3 [10] (l)
except the side yard setback shall be 0 m
between adjoining units (Bylaw 01/2025)
Triplex/Fourplex
Apartment building
Residential Acreage
N/A
6 [20]
Commercial Uses
N/A
1.5 [5] (m)
Industrial Uses
N/A
6 [20] (m)
Community Service Uses other
than schools, rinks, or pools
N/A
3 [10] (m)
Schools
7.5 [25]
Rinks and swimming pools
3.6 [12]
Recreational
N/A
10 [33]
Agricultural
Offices & Clinics
Accessory building
3.6 [12]
3.6 [12]
3.6 [12]
3.6 [12]
N/A
N/A
3.6 [12]
7.5 [25]
(l) or 50% of the average wall height, whichever is less
(m) when the side site line is the boundary of any Residential, Community Service District or abuts a public street.
Town of Pense Zoning Bylaw 2/2023
- 88 -
6
REPEAL AND ADOPTION
Bylaw #2/2013 as amended shall be repealed upon Bylaw #2/2023, the Zoning Bylaw, coming into force
and effect.
MINISTERIAL APPROVAL
This Bylaw is adopted pursuant to The Planning and Development Act, 2007, and shall come into force
on the date of final approval by the Minister of Government Relations.
COUNCIL READINGS AND ADOPTION
Read a first time this
day of
2023
Read a second time this
day of
2023
Read a third time this
day of
2023
Adoption of Bylaw this
day of
2023
_______________________________
MAYOR
SEAL
______________________________
ADMINISTRATOR
Ministerial Approval Date __________________________
Town of Pense Zoning Bylaw 2/2023
- 89 -
APPENDIX "A" - DEVELOPMENT PERMIT APPLICATION
Every development permit application shall include:
1) Application Form
A completed application form.
2) Site Plan
Two copies of a proposed development site plan showing, with labels, the following existing and proposed information (as the
case may be):
a) a scale and north arrow;
b) a legal description of the site;
c)
mailing address of owner or owner's representative;
d) site lines and required site line setbacks;
e) front, rear, and side yard requirements;
f)
site topography and special site conditions (which may require a contour map), including ponds, streams, other
drainage runs, culverts, ditches, and any other drainage features;
g) the location of any buildings, structures, easements, and dimensioned to the site lines;
h) the location and size of trees and other vegetation, especially natural vegetation;
i)
proposed on-site and off-site services;
j)
landscaping and other physical site features,
k)
a dimensioned layout of parking areas, entrances, and exits;
l)
abutting roads and streets, including service roads and alleys;
m) an outline, to scale, of adjacent buildings on adjoining sites;
n) the use of adjacent buildings and any windows overlooking the new proposal;
o) fencing or other suitable screening;
p) garbage and outdoor storage areas; and
q) other, as required by the Development Officer or Council to effectively administer this Bylaw.
3) Building Plan
A plan showing, with labels, the elevations, floor plan, and a perspective drawing of the proposed development.
4) Landscape Plan
A landscape plan showing, with labels, the following:
a) the existing topography;
b) the vegetation to be retained and/or removed;
c)
the type and layout of:
i)
hard (e.g., structures) and soft (e.g.,vegetation) landscaping;
ii)
the open space system,screening,berms,slopes; and
iii) other, as required, to effectively administers this Bylaw;
d) the types, sizes and numbers of vegetation materials;
e) areas to be damaged or altered by construction activities and proposed methods of restoration;
f)
a schedule of site stripping and grading, construction, and site restoration, including methods to be employed to reduce
or eliminate erosion by wind, water, or by other means; and
g) historical and archaeological heritage resources and management areas (a Heritage Resource Assessment as
prescribed under The Heritage Property Act may be required).
Town of Pense Zoning Bylaw 2/2023
- 90 -
5) Vicinity Map
A vicinity map showing, with labels, the location of the proposed development in relation to adjacent lands:
a) Nearby municipal roads, highways and railways;
b) Significant physical features, environmentally sensitive areas, and more or less pristine natural areas or features,
especially undisturbed grassland, wooded ravines, and water feature or stream courses;
c)
Critical wildlife habitat and management areas;
d) Mineral extraction resources and management areas, and
e) Other as required, to effectively administer this Bylaw.
6) Certificate of Title
A copy of the Certificate of Title, indicating ownership and all encumbrances.
7) Valid Interest
Development permit applicants shall be required to provide information, to the Development Officer's or Council's satisfaction,
that they have a current, valid interest in the land proposed for development.
a) Proof of current valid interest may include:
i)
proof of ownership;
ii)
an agreement for sale;
iii) an offer or option to purchase;
iv) a letter of purchase;
v)
a lease for a period of more than 10 years; and
vi) other, as determined and accepted by Council, or the Development Officer.
8) Site Description for Subdivision Applications
a) A proposed plan of subdivision prepared by a Saskatchewan Land Surveyor or Professional Community Planner and
signed by the registered site owner or appointed agent;
b) A Site Plan that identifies setbacks, neighbouring buildings and any natural features accompanied by an accurate
sketch and air photo image (ie google image);
c)
Photographic Information and photographs showing the site in its existing state.
Town of Pense Zoning Bylaw 2/2023
- 91 -
Town of Pense
Application for a Development Permit
1. Applicant:
a) Name:_______________________________________________
b) Address:_____________________________________________ Postal Code:_______________
c) Telephone Number: ___________________________________ Cell phone:
2. Registered Owner: as above, or:
a) Name:_______________________________________________
b) Address:_____________________________________________ Postal Code:___________________
c) Telephone Number: ___________________________________
3. Property: Legal Description
Lot(s)_____________Block_______________Reg. Plan No._________________
4. Lot Size:
Dimensions__________________________Area___________________________
5. Existing Land Use:
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
6. Proposed Land Use/description of Proposed Development:
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
7. Proposed date of Commencement:__________________________________
Proposed date of Completion:________________________________________
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8. Other Information:
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
9. FOR NEW CONSTRUCTION PROVIDE A DETAILED SITE PLAN, drawn to scale on a separate sheet showing, with
labels, the following existing and proposed information:
a) a scale and north arrow,
b) a legal description of the site,
c)
mailing address of owner or owner's representative,
d) site lines,
e) Bylaw site line setbacks,
f)
front, rear, and side yard requirements,
g) site topography and special site conditions (which may require a contour map), including ponds, streams, other
drainage runs, culverts, ditches, and any other drainage features,
h) the location of any buildings, structures, easements, and dimensioned to the site lines,
i)
the location and size of trees and other vegetation, especially natural vegetation, street trees, and mature growth,
j)
proposed on-site and off-site services,
k)
landscaping and other physical site features,
l)
a dimensioned layout of parking areas, entrances, and exits,
m) abutting roads and streets, including service roads and alleys,
n) an outline, to scale, of adjacent buildings on adjoining sites,
o) the use of adjacent buildings and any windows overlooking the new proposal,
p) fencing or other suitable screening,
q) garbage and outdoor storage areas,
r)
other, as required by the Development Officer or Council to effectively administer this Bylaw.
10. Mobile Homes: C.S.A.Z240 Approval Number (from Black and Silver Sticker)
Mobile Home date of Manufacture: ________________________
11. Declaration of Applicant:
I, ___________________________________of the ______________________
______of
_____________________________in the Province of Saskatchewan, do Solemnly declare that the above statements
contained within the application are true, and I make this solemn declaration conscientiously believing it to be true, and
knowing that it is of the same force and effect as if made under oath, and by virtue of "The Canada Evidence Act."
I agree to indemnify and hold harmless the Town of Pense from and against any claims, demands, liabilities, costs and
damages elated to the development undertaken pursuant to this application.
Date: ______________________________ Signature:_____________________________
_
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APPENDIX "B" - NOTICE OF DECISION FOR A DEVELOPMENT PERMIT
Town of Pense
Notice of Decision for a Development Permit or Zoning Bylaw Amendment
To: ___________________________ ___________________________________________
_
(Applicant)
(Address)
This is to advise you that your application for a :
____Permitted Use or Form of Development, or
____Discretionary Use or Form of Development, or
____Request for a Zoning Bylaw Amendment
Has Been:
____Approved.
____Approved subject to conditions or Development Standards, as listed in the attached schedule
____Refused for the following reason:
____________________________________________________________________________________
____________________________________________________________________________________
_______________________________________________________________________________
If your application has been approved with or without conditions, this form is considered to be the Development Permit
granted pursuant to the Zoning Bylaw.
Right of Appeal
Please be advised that under Section 59 of The Planning and Development Act, 2007:
___ you may Not appeal the refusal of your application for a use or form of development that is not permitted within the
zoning district of the application.
____you may NOT appeal the refusal of your application for a discretionary use or form of development
____you may NOT appeal the refusal of your application for an amendment to the Zoning Bylaw
____you MAY APPEAL those standards that you consider excessive in the approval of the discretionary use of form of
development, or
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____you MAY APPEAL the refusal of your application if you feel that the Development Officer has misapplied the Zoning
Bylaw in the issuing of this permit.
Your Appeal must be submitted in writing within thirty (30) days of the date of this notice to :
Secretary, Development Appeals Board
Town of Pense
Box 125
Pense , SK
S0G 3W0
Date: _________________________________ _____________________________________
Development Officer
Note:
This Permit expires 12 months from the date of issue.
A Building Permit is also required for a building construction.