Town of Rosetown Zoning Bylaw (consolidated, Bylaw No. 713-15 with amendments)
Rosetown, Saskatchewan
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THE TOWN OF ROSETOWN
ZONING BYLAW 2015
(WORKING COPY Bylaw No. 713-15, 716-16, 725-16, 731-16, 737-16, 739-16, 749-
17, 768-18, 780-18, 781-18)
The Town of Rosetown Zoning Bylaw April, 2015
TABLE OF CONTENTS
1 INTRODUCTION ........................................................................................................................................................................ 7
1.1
AUTHORITY ................................................................................................................................................................. 7
1.2
TITLE ........................................................................................................................................................................... 7
1.3
PURPOSE .................................................................................................................................................................... 7
1.4
SCOPE ......................................................................................................................................................................... 7
1.5
SEVERABILITY.............................................................................................................................................................. 7
2 DEFINITIONS ............................................................................................................................................................................ 8
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
COMPREHENSIVE DEVELOPMENT REVIEW .............................................................................................................. 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
REFERRAL UNDER THE PUBLIC HEALTH ACT ............................................................................................................ 26
3.13
DEVELOPMENT APPEALS BOARD ............................................................................................................................. 26
3.14
MINOR VARIANCES................................................................................................................................................... 27
3.15
NON-CONFORMING BUILDINGS USES AND SITES .................................................................................................... 28
3.16
CANCELLATION ......................................................................................................................................................... 29
3.17
STOP-WORK .............................................................................................................................................................. 29
3.18
BYLAW COMPLIANCE ............................................................................................................................................... 29
3.19
REGISTERING INTERESTS .......................................................................................................................................... 29
3.20
MOVING OF BUILDINGS ........................................................................................................................................... 30
3.21
TEMPORARY DEVELOPMENT PERMITS .................................................................................................................... 30
3.22
DEVELOPMENT LEVY AGREEMENTS ......................................................................................................................... 30
3.23
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, USES AND STRUCTURES .................................................................................................... 33
4.7
FRONT YARD REDUCTION ......................................................................................................................................... 33
4.8
FRONTAGE FOR IRREGULAR SITES............................................................................................................................ 33
4.9
PERMITTED YARD ENCROACHMENTS ...................................................................................................................... 34
4.10
GRADING AND LEVELING OF SITES ........................................................................................................................... 34
4.11
HEIGHT OF BUILDINGS AND STRUCTURES ............................................................................................................... 34
4.12
HERITAGE PROPERTIES ............................................................................................................................................. 34
4.13
SIGNAGE ON NATURAL AND HUMAN HERITAGE SITES ............................................................................................ 35
4.14
.. BUFFER
STRIPS
........... 35
The Town of Rosetown Zoning Bylaw April, 2015
4.15
CLOSINGS ................................................................................................................................................................. 35
4.16
RAILWAY CROSSINGS AND SIGHT DISTANCES .......................................................................................................... 35
4.17
BARELAND CONDOMINIUM DEVELOPMENTS ......................................................................................................... 35
4.18
SATELLITE DISHES ..................................................................................................................................................... 36
4.19
PRIVATE GARAGES, SUNROOMS, SOLARIUMS, AND GREENHOUSES ...................................................................... 36
4.20
TRAILERS, BOX CARS, SEA AND RAIL CONTAINERS................................................................................................... 36
4.21
SWIMMING POOLS ................................................................................................................................................... 36
4.22
DISPOSAL OF WASTES .............................................................................................................................................. 37
4.23
SOLID AND LIQUID WASTE DISPOSAL FACILITIES ..................................................................................................... 37
4.24
LIGHTING .................................................................................................................................................................. 37
4.25
SIGNAGE ................................................................................................................................................................... 38
4.26
MINIMUM DWELLING AND MANUFACTURED HOME WIDTH ................................................................................. 39
5 DEVELOPMENT STANDARDS FOR DISCRETIONARY USES ...................................................................................................... 40
5.1
HOME OCCUPATIONS ............................................................................................................................................... 40
5.2
SECONDARY SUITES .................................................................................................................................................. 41
5.3
GARDEN (GRANNY) SUITES ...................................................................................................................................... 41
5.4
MODULAR HOMES ................................................................................................................................................... 42
5.5
BED AND BREAKFAST HOMES .................................................................................................................................. 43
5.6
CHILD DAY CARE CENTRES AND PRE-SCHOOLS ........................................................................................................ 43
5.7
ADULT DAY CARE CENTRES ...................................................................................................................................... 43
5.8
RESIDENTIAL CARE HOMES ...................................................................................................................................... 43
5.9
CAMPGROUNDS ....................................................................................................................................................... 44
5.10
MOBILE STORAGE CONTAINERS (SEA CANS) (Removed Bylaw No. 749-17) ............................................................ 44
5.11
EQUESTRIAN FACILITIES ........................................................................................................................................... 45
5.12
SOLAR ENERGY COLLECTION .................................................................................................................................... 45
5.13
WIND ENERGY FACILITIES ......................................................................................................................................... 46
5.14
ABOVE GROUND FUEL STORAGE TANKS .................................................................................................................. 47
6 ZONING DISTRICTS AND ZONING MAPS ................................................................................................................................ 49
6.1
ZONING DISTRICTS ................................................................................................................................................... 49
6.2
THE ZONING DISTRICT MAP ..................................................................................................................................... 49
6.3
BOUNDARIES OF ZONING DISTRICTS ........................................................................................................................ 49
6.4
HOLDING DESIGNATION ........................................................................................................................................... 49
7 RESIDENTIAL DISTRICT - R1 .................................................................................................................................................... 51
7.1
PERMITTED USES ...................................................................................................................................................... 51
7.2
DISCRETIONARY USES ............................................................................................................................................... 51
7.3
SITE DEVELOPMENT REGULATIONS ......................................................................................................................... 51
7.4
ACCESSORY BUILDINGS AND STRUCTURES .............................................................................................................. 54
7.5
FENCE AND HEDGE HEIGHTS .................................................................................................................................... 55
7.6
SIGNAGE ................................................................................................................................................................... 55
7.7
PARKING ................................................................................................................................................................... 55
7.8
OUTSIDE STORAGE ................................................................................................................................................... 55
7.9
STANDARDS FOR DISCRETIONARY USES .................................................................................................................. 56
8 RESIDENTIAL MULTIPLE DWELLING DISTRICT - R2 ................................................................................................................ 57
8.1
PERMITTED USES ...................................................................................................................................................... 57
8.2
DISCRETIONARY USES ............................................................................................................................................... 57
8.3
SITE DEVELOPMENT REGULATIONS ......................................................................................................................... 57
8.4
ACCESSORY BUILDINGS AND STRUCTURES .............................................................................................................. 60
8.5
FENCE AND HEDGE HEIGHTS .................................................................................................................................... 57
8.6
SIGNAGE ................................................................................................................................................................... 61
8.7
PARKING ................................................................................................................................................................... 62
The Town of Rosetown Zoning Bylaw April, 2015
8.8
OUTSIDE STORAGE ................................................................................................................................................... 62
8.9
STANDARDS FOR DISCRETIONARY USES .................................................................................................................. 63
9 RESIDENTIAL MANUFACTURED HOME DISTRICT - RMH ...................................................................................................... 63
9.1
PERMITTED USES ...................................................................................................................................................... 63
9.2
DISCRETIONARY USES ............................................................................................................................................... 63
9.3
SITE DEVELOPMENT REGULATIONS ......................................................................................................................... 64
9.4
DEVELOPMENT STANDARDS FOR MANUFACTURED HOMES ................................................................................... 65
9.5
ACCESSORY USES, BUILDINGS AND STRUCTURES .................................................................................................... 65
9.6
FENCE AND HEDGE HEIGHTS .................................................................................................................................... 66
9.7
SIGNAGE ................................................................................................................................................................... 66
9.8
PARKING ................................................................................................................................................................... 66
9.9
OUTSIDE STORAGE ................................................................................................................................................... 67
9.10
STANDARDS FOR DISCRETIONARY USES .................................................................................................................. 67
10 RESIDENTIAL ACREAGE DISTRICT-RA .................................................................................................................................... 67
10.1
PERMITTED USES ...................................................................................................................................................... 67
10.2
DISCRETIONARY USES ............................................................................................................................................... 67
10.3
SITE DEVELOPMENT REGULATIONS ......................................................................................................................... 68
10.4
ACCESSORY BUILDINGS ............................................................................................................................................ 69
10.5
SUPPLEMENTARY REGULATIONS ............................................................................................................................. 69
10.6
SIGNAGE ................................................................................................................................................................... 69
10.7
STANDARDS FOR DISCRETIONARY USES .................................................................................................................. 70
10.8
MINIMUM DITCH FRONTAGE ................................................................................................................................... 70
10.9
TEMPORARY USES .................................................................................................................................................... 71
11 MIXED USE DISTRICT - MU ..................................................................................................................................................... 72
11.1
PERMITTED USES ...................................................................................................................................................... 72
11.2
DISCRETIONARY USES ............................................................................................................................................... 72
11.3
PROHIBITED USES ..................................................................................................................................................... 72
11.4
SITE DEVELOPMENT REGULATIONS ......................................................................................................................... 73
11.5
SUPPLEMENTARY REGULATIONS ............................................................................................................................. 73
11.6
ACCESSORY BUILDINGS ............................................................................................................................................ 74
11.7
SIGNAGE ................................................................................................................................................................... 74
12 COMMUNITY SERVICE DISTRICT - CS..................................................................................................................................... 75
12.1
PERMITTED USES ...................................................................................................................................................... 75
12.2
DISCRETIONARY USES ............................................................................................................................................... 75
12.3
SITE DEVELOPMENT REGULATIONS ......................................................................................................................... 75
12.4
SIGNAGE ................................................................................................................................................................... 77
12.5
FENCE AND HEDGE HEIGHTS .................................................................................................................................... 77
12.6
LANDSCAPING .......................................................................................................................................................... 77
12.7
PARKING ................................................................................................................................................................... 77
12.8
STANDARDS FOR DISCRETIONARY USES OR FORMS OF DEVELOPMENT ................................................................. 78
13 TOWN CENTRE COMMERCIAL DISTRICT -C1 ......................................................................................................................... 79
13.1
PERMITTED USES ...................................................................................................................................................... 79
13.2
DISCRETIONARY USES ............................................................................................................................................... 79
13.3
SITE DEVELOPMENT REGULATIONS ......................................................................................................................... 80
13.4
ACCESSORY BUILDINGS ............................................................................................................................................ 81
13.5
SIGNAGE ................................................................................................................................................................... 81
13.6
PARKING ................................................................................................................................................................... 81
13.7
LANDSCAPING .......................................................................................................................................................... 82
13.8
STANDARDS FOR DISCRETIONARY USES .................................................................................................................. 82
14 HIGHWAY COMMERCIAL DISTRICT-C2 .................................................................................................................................. 83
The Town of Rosetown Zoning Bylaw April, 2015
14.1
PERMITTED USES ...................................................................................................................................................... 83
14.2
DISCRETIONARY USES ............................................................................................................................................... 84
14.3
PROHIBITED USES ..................................................................................................................................................... 84
14.4
SITE DEVELOPMENT REGULATIONS ......................................................................................................................... 84
14.5
ACCESSORY BUILDINGS ............................................................................................................................................ 86
14.6
FENCE AND HEDGE HEIGHTS .................................................................................................................................... 86
14.7
SIGNAGE ................................................................................................................................................................... 86
14.8
PARKING REQUIREMENTS ........................................................................................................................................ 87
14.9
LOADING REQUIREMENTS ........................................................................................................................................ 87
14.10
LANDSCAPING .......................................................................................................................................................... 87
14.11
OUTSIDE STORAGE ................................................................................................................................................... 88
14.12
STANDARDS FOR DISCRETIONARY USES .................................................................................................................. 88
15 HIGHWAY EXPANSION DISTRICT-HE ..................................................................................................................................... 90
15.1
PERMITTED USES ...................................................................................................................................................... 90
15.2
DISCRETIONARY USES ............................................................................................................................................... 90
15.3
SITE DEVELOPMENT REGULATIONS ......................................................................................................................... 90
15.4
ACCESSORY BUILDINGS ............................................................................................................................................ 91
15.5
DISCRETIONARY USE STANDARDS ............................................................................................................................ 91
15.6
SIGNAGE ................................................................................................................................................................... 91
15.7
PARKING REQUIREMENTS ........................................................................................................................................ 92
15.8
LOADING REQUIREMENTS ........................................................................................................................................ 92
15.9
FENCE AND HEDGE HEIGHTS .................................................................................................................................... 92
15.10
LANDSCAPING .......................................................................................................................................................... 93
15.11
OUTSIDE STORAGE ................................................................................................................................................... 93
15.12
SUPPLEMENTARY REGULATIONS ............................................................................................................................. 93
16 LIGHT INDUSTRIAL - IND1 ..................................................................................................................................................... 95
16.1
PERMITTED USES ...................................................................................................................................................... 95
16.2
DISCRETIONARY USES ............................................................................................................................................... 95
16.3
PROHIBITED USES ..................................................................................................................................................... 95
16.4
SITE DEVELOPMENT REGULATIONS ......................................................................................................................... 96
16.5
ACCESSORY BUILDINGS ............................................................................................................................................ 96
16.6
SIGNAGE ................................................................................................................................................................... 97
16.7
PARKING ................................................................................................................................................................... 97
16.8
LOADING REQUIREMENTS ........................................................................................................................................ 97
16.9
FENCE AND HEDGE HEIGHTS .................................................................................................................................... 98
16.10
LANDSCAPING .......................................................................................................................................................... 98
16.11
OUTSIDE STORAGE ................................................................................................................................................... 98
16.12
STANDARDS FOR DISCRETIONARY USES .................................................................................................................. 98
17 HEAVY INDUSTRIAL DISTRICT - IND2 ................................................................................................................................... 100
17.1
PERMITTED USES .................................................................................................................................................... 100
17.2
DISCRETIONARY USES ............................................................................................................................................. 100
17.3
PROHIBITED USES ................................................................................................................................................... 101
17.4
SITE DEVELOPMENT REGULATIONS ....................................................................................................................... 101
17.5
ACCESSORY BUILDINGS .......................................................................................................................................... 102
17.6
SIGNAGE ................................................................................................................................................................. 102
17.7
PARKING ................................................................................................................................................................. 102
17.8
LOADING REQUIREMENTS ...................................................................................................................................... 102
17.9
FENCE AND HEDGE HEIGHTS .................................................................................................................................. 103
17.10
LANDSCAPING ........................................................................................................................................................ 103
17.11
OUTSIDE STORAGE ................................................................................................................................................. 103
The Town of Rosetown Zoning Bylaw April, 2015
17.12
PERFORMANCE STANDARDS .................................................................................................................................. 104
17.13
SUPPLEMENTARY REGULATIONS ........................................................................................................................... 104
18 RAILWAY DISTRICT - RW...................................................................................................................................................... 106
18.1
PERMITTED USES .................................................................................................................................................... 106
18.2
DISCRETIONARY USES ............................................................................................................................................. 106
18.3
PROHIBITED USES ................................................................................................................................................... 106
18.4
SITE DEVELOPMENT REGULATIONS ....................................................................................................................... 106
18.5
LOADING REQUIREMENTS ...................................................................................................................................... 107
18.6
SIGNAGE ................................................................................................................................................................. 107
18.7
FENCE AND HEDGE HEIGHTS .................................................................................................................................. 108
18.8
OUTSIDE STORAGE ................................................................................................................................................. 108
18.9
STANDARDS FOR DISCRETIONARY USES ................................................................................................................ 108
18.10
PERFORMANCE STANDARDS .................................................................................................................................. 109
19 FUTURE URBAN DEVELOPMENT DISTRICT - FUD ................................................................................................................ 110
19.1
PERMITTED USES .................................................................................................................................................... 110
19.2
DISCRETIONARY USES ............................................................................................................................................. 110
19.3
SITE DEVELOPMENT REGULATIONS ....................................................................................................................... 110
19.4
SIGNAGE ................................................................................................................................................................. 111
19.5
SUPPLEMENTARY REGULATIONS ........................................................................................................................... 111
20 AGRICULTURAL DISTRICT- AG .............................................................................................................................................. 112
20.1
PERMITTED USES .................................................................................................................................................... 112
20.2
DISCRETIONARY USES ............................................................................................................................................. 112
20.3
SITE DEVELOPMENT REGULATIONS ....................................................................................................................... 112
21 AIRPORT DEVELOPMENT DISTRICT- AIR .............................................................................................................................. 114
21.1
PERMITTED USES .................................................................................................................................................... 114
21.2
PROHIBITED USES ................................................................................................................................................... 114
21.3
HEIGHT RESTRICTIONS ........................................................................................................................................... 114
21.4
SITE DEVELOPMENT REGULATIONS ....................................................................................................................... 114
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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 Rosetown
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 Rosetown.
1.3
PURPOSE
1.3.1 The purpose of this Bylaw is to regulate development and to control the use of land in the Town of Rosetown in
accordance with the Rosetown Official Community Plan Bylaw No. 692-14 and the Rosetown Hub and Spoke District Plan
Bylaw 685-14.
1.3.2 The intent of this Zoning Bylaw is to provide for the amenity of the area within the Town of Rosetown (hereinafter
referred to as the Town) and for the health, safety, and general welfare of the inhabitants of Rosetown 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 Rosetown. All development within the limits of
the Town of Rosetown 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.
- 8 -
2
DEFINITIONS
Whenever the subsequent words or terms are used in the Official Community Plan Bylaw No. 692-14, the Rosetown Hub
and Spoke District Plan, Bylaw No. 685-14 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.
Accessory: 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 use.
Act: The Planning and Development Act 2007, Province of
Saskatchewan, as amended from time to time.
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 Rosetown.
Aggregate Resource: 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.
Animal Clinic: A building or part thereof used by a qualified
veterinarian for the treatment of animal health needs where
animals are not kept on the premises for surgery or kept
overnight.
Animal Hospital: The premises of a veterinary surgeon
where small, large domestic animals and livestock are treated
or kept involving surgery and the keeping of animals in outdoor
or indoor pens. Animals may be kept overnight if kept in indoor
pens.
Animal Services: A place where pet services including but
not limited to pet grooming, pet therapy and the sale of pet
food or supplies, providing no animals are kept overnight.
(Animal)Veterinary Clinics: A place for the care and
treatment of small animals involving outpatient care and
medical procedures involving hospitalization, though shall not
include the keeping of animals in outdoor pens. Animals may
be kept overnight if kept in indoor pens.
Apartment Block: A building containing three or more
dwelling units as herein defined, each of which is occupied or
intended to be occupied as a permanent home or residence as
distinct from a hotel or 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.
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
- 9 -
operable condition, or used parts of motor vehicles, are stored
or sold to the general public.
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.
Basement: That portion of a building that is partly or wholly
underground.
Bed and Breakfast: A dwelling unit, licensed as a tourist
home under The Public Accommodation Regulations, in which
overnight accommodation within the dwelling unit, along with
one meal served before noon, is provided to the traveling
public for a charge.
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.
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, or chattels, and includes any structure covered by a roof
supported by walls or columns.
Building, Accessory: (see Accessory).
Building Bylaw: A Bylaw of the Town of Rosetown to
regulate the erection, alteration, repair, occupancy, or
maintenance of buildings and structures.
Building Height: the vertical distance of a building
measured from the grade level to the highest point of the roof.
Building Height illustrations
Building Permit: A permit, issued under the Building Bylaw
of the Town of Rosetown, authorizing the construction of, or
the addition to, any building but does not include a
Development Permit.
Building, Principal: A building in which is conducted the
main or primary use of the site on which said building is
situated.
Building Line, Established: The average distance from the
street line to the main wall of existing buildings on any side of
any block where more than half the frontage of the block has
been built on.
Bulk Fuel Sales and Storage: Includes land, buildings,
and structure for the storage and distribution of fuels and oils
including retail sales or key-lock operation.
Business Support Services: Activities intended to provide
administrative, promotional or technical support for
commercial and industrial activities.
Bylaw: The Town of Rosetown 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, though not
including the use of manufactured homes on a permanent year-
round basis.
Cardlock Operation: A petroleum dispensing outlet
without full-time attendants.
- 10 -
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 1999, 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 ft.).
Commercial/Industrial Use, Small Scale: Commercial
or Industrial land uses maintaining a lineal frontage of less than
up to 90 metres (295 ft.).
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.
Condominium: Land, buildings, and units, including private
and common property as defined under The Condominium
Property Act.
Conservation: The planning, management and
implementation of an activity with the objective of protecting
the essential physical, chemical and biological characteristics of
the environment.
Construction Trades: Offices, shops and warehouses, with
or without retail sales for trades associated with construction of
buildings.
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 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 Rosetown.
Covered Walkway: A hard-surfaced path for pedestrians
covered with a permanent roof structure which is located
alongside a street or extends between buildings.
Day Care Centre: An establishment providing for the care,
supervision and protection of children (or adults) though does
not include the provision or of overnight supervision.
Deck: Any raised floor structure at least 0.31 metres (1 ft.)
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 Town Administrator to act as a Development
Officer to administer this Bylaw. The Town Administrator may
be the Development Officer.
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
Development Officer of the Town of Rosetown that authorizes
development pursuant to this Bylaw, though does not include a
building permit.
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Directional Signage: Signage located off-site providing
direction to, and information about, a specific enterprise or
activity which does not contain general advertising.
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.
District Plan: The District Plan for the Town of Rosetown as
per section 102 of The Planning and Development Act, 2007.
Dwelling: A building or part of a building intended for
residential occupancy.
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.
Dwelling, Duplex: A building that is divided into two
dwelling units horizontally with separate entrances.
Dwelling Group: A group of single-detached, semi-detached
or multiple unit dwellings clustered on one lot or site, built as
one development.
Dwelling, Modular: A dwelling which is constructed of
prefabricated parts, unit modules and/or finished sections built
in a factory, and which are transported to the site for assembly
on a fixed approved foundation which complies with the
requirements of the National Building Code and conforming to
Canadian Standards Association (CSA) Standard A277, and may
include the following configurations: single-detached, semi-
detached, duplex, multiple unit, single storey or more than one
(1) storey; See Modular Home; (Bylaw No. 713-15)
Dwelling, Multiple Unit: A building containing three or
more dwelling units and shall include condominiums,
townhouses, row houses, and apartments as distinct from a
rooming house, hotel, or motel.
Dwelling, Ready-to-Move (RTM): A ready-to-move one
unit dwelling which is built to completion off-site using
conventional lumber and building practices according to the
current National Building Code of Canada, and which is
transported to the site as a complete unit for placement on a
fixed approved foundation which complies with the
requirements of the National Building Code;
RTM (Ready to Move) Home
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.
Semi-Detached Dwelling
Dwelling, Single-Detached: A building containing only
one dwelling unit, and shall not include a manufactured home
as herein defined.
Single-Detached Dwelling
Dwelling, Town House: A dwelling, designed as one
cohesive building in terms of architectural design, which
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contains three (3) or more similar attached dwelling units each
of which fronts on a street, has direct access to the outside at
grade and is not wholly or partly above another dwelling.
Town House Dwelling
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/Yard: 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.
Fence: A structure used to enclose or screen areas of land.
Fill (Clean Fill): Soil, rock, rubble, or other Town-approved,
non-regulated waste that is transported and placed on the
existing, usually natural, ground surface.
Flankage: the side lot line of a corner lot that abuts a 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.
Floodway: The portion of the flood plain adjoining a channel
where the waters in the 1:500 year flood are projected to meet
or exceed a depth of one metre or a velocity of one metre per
second.
Floodproofed: 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.
Flood Fringe: The portion of the floodplain where the waters
in the 1:500 year flood are projected to be less than a depth of
one metre or a velocity of one metre per second.
Floor Area: The maximum area contained within the outside
walls of a building, excluding in the case of a dwelling, any
private garage, porch, veranda, open deck, unfinished attic, or
unfinished basement or cellar and in a commercial or industrial
building, any utility room.
Future Land Use Map: In its projections, the map specifies
certain areas for residential growth and others for industry,
commercial and conservation. The Future Land Use Map for
Rosetown is attached as Appendix "A" in the Official
Community Plan.
Frontage (Lot Frontage): The distance across the street
side of a lot (a lot 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 lot is irregular in shape and is narrowest
at the front street end, the width of the lot shall be measured
parallel to the street line at the centre of the front lot line, and
at a setback from the front lot 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.
Garage, Public: A building or place where motor vehicles are
stored or repaired for remuneration though does not include
car washing establishments, an auto sales lot or an automobile
service station.
Garden (Granny) Suite: A second, small, dwelling on the
site of a primary, single-family dwelling that accommodates one
or two family members of the owner/occupants of the primary
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residence and is intended to allow the family to live
independently though with the support nearby of the extended
family.
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.
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.
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.
Greenways: 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.
Group Home: (See Personal Care Home).
Hazardous Industry/Substance: A 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.
Hazard(ous) Land: Land having inherent environmental
hazards; land subject to flooding, earth movement, or slope
instability, land with poor natural drainage, ground water
seepage, erosion, steep slopes, rock formations, or other
similar features.
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
Ministry of Highways entitled The Provincial Highway Sign
Control Regulations, as may be amended from time to time.
Home Occupation (Home Based Business): An
occupation, trade, profession, or craft customarily conducted
for gain in a dwelling unit or accessory building by the resident
or residents, which is clearly 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.
Home occupations shall not occupy more than 25% of the total
finished floor area of a dwelling unit in any Residential District.
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, Anhydrous Ammonia Storage and
Distribution Centres.
Industrial Use: The use of land, buildings or structures for
the manufacturing, assembling, processing, fabrication,
warehousing or storage of goods and materials.
Industrial Park: An area of land set aside for industrial
development, usually located close to transport facilities,
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especially where more than transport mode coincides, i.e.
highways, railroads, airports.
Infill Development: Re-development within existing areas
or neighbourhoods.
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.
Intersection Sight Triangle: The triangular area formed,
on corner sites, by the intersecting front and side site lines at a
street intersection and the straight line joining said site lines at
points which are 9.0 metres distant from the point of
intersection, measured along said site lines.
Kennel, Boarding: The temporary accommodation of more
than four dogs, cats or other domestic animals for commercial
purposes.
Kennel, Breeding: The keeping of domestic animals, male
and female, and which are more than 12 months old, for
breeding purposes.
Kennel, Enclosure: An accessory building or enclosure
intended to house one of more domestic animals.
Landfill: A specially engineered site for disposing of solid
waste on land, constructed so that it will reduce hazard to
public health and safety.
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 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.
Livestock: Domesticated animals used primarily as beasts of
burden or for the production of fur, hides, meat, milk, eggs or
other product, or as breeding stock, though excluding
companion animals.
Live/Work: A dwelling unit, part of which may be used as a
business establishment, where the dwelling unit is the principal
residence of the business operator.
Live/Work Residential Acreages: 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 storage of
material and the maintenance of equipment related to the
occupation.
Loading Space: A space, measuring at least 2.5 metres (8.20
ft.) in width and 8.5 metres (27.88 ft.) 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 to mean the same.
Lot Coverage: See Site Coverage.
Lounge: A room or area adjoining a restaurant set aside for
the sale of beverage alcohol for consumption on the premises,
with or without food, and where no area has been set aside for
dancing or entertainment, either in the lounge or in the
adjoining restaurant. The area of a lounge may not exceed 50%
or the public assembly area in the adjoining restaurant.
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.
Marquee: A roof-like structure of a permanent nature which
projects from the wall of a building that is independently
supported by a system of columns or piers without walls over
an entrance to a building.
Mayor: The Mayor of the Town of Rosetown.
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Minister: The member of the Executive Council to whom for
the time being is assigned the administration of The Planning
and Development Act, 2007.
Manufactured Home: A trailer coach that may be used as
a dwelling all year round; has water faucets and shower or
other bathing facilities that may be connected to a water
distribution system; has facilities for washing and a water closet
or other similar facility that may be connected to a sewage
system; and that conforms to the Canadian Standards
Association Standard No. Z240. See picture below.
Manufactured Home
Manufactured Home Park: A site under single
management for the placement of two or more manufactured
homes and shall include all accessory buildings necessary to the
operation though does not include an industrial or construction
camp or tourist campsite. For the purpose of this Bylaw the
terms manufactured home park and manufactured home court
shall be deemed to mean the same.
Manufactured Home Site: An area of land in a
manufactured home park that is intended to be occupied by
one manufactured home and for exclusive use of its occupants
with access to a driveway or a public street.
Manufactured Home Subdivision: Any subdivision of
land and the development thereof for the purpose of
accommodating manufactured homes in such a manner that
each home is situated on its own site, which shall contain a
minimum site area of 464.50 m² (5,000 ft2) and in which all such
sites, public open spaces, internal streets and lanes, buffer
zones and other amenity areas form a contiguous area of
development.
Modular Home: A dwelling which is constructed of
prefabricated parts, unit modules and/or finished sections built
in a factory, and which are transported to the site for assembly
on a fixed approved foundation which complies with the
requirements of the National Building Code and conforming to
Canadian Standards Association (CSA) Standard A277, and may
include the following configurations: single-detached, semi-
detached, duplex, multiple unit, single storey or more than one
(1) storey; See Modular Home; See example below. (Bylaw No.
713-15)
Modular Home
Modular 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 464.50
m² (5,000 ft2), and in which all sites, public open space, internal
streets, buffer zones, and other amenity areas form a
contiguous area of development.
Motel or Motor Hotel: 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.
Municipality: The Town of Rosetown.
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
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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.
Noxious Use or Condition: Any use or facility that causes
or produces harmful or hazardous noise, vapours, 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 Town of Rosetown
Official Community Plan Bylaw No. 692-14.
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
metres wide and 5.5 metres in length.
Pasture: A site that is used for the raising and feeding of
livestock by grazing.
Patio: Any hard surface or floor structure less than 0.3 metres
above the average ground level upon which it is constructed.
Permitted Use: The use of land, buildings, or other
structures that shall be permitted in a Zoning District where all
requirements of this Zoning Bylaw are met.
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 building under The
Personal Care Homes Act that provides long term residential,
social and personal care, including accommodation, meals,
supervision or assistance for persons who have some limits on
ability for self care, and are unrelated to the operator or owner.
Personal Service 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,
including but not limited to barber shops, hairstyle salons,
laundries, dry cleaners, shoe repair, photographic studios, 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.
Principal Use: The main or primary activity, for which a site
or its buildings are designed, arranged, developed or intended,
or for which is occupied or maintained.
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
Rosetown:
-
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, transmission;
-
Collection and disposal of sewage, garbage, and other
wastes; and
-
Fire and Police Services.
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Real-Estate Signage: Signage directly associated with the
sale of a property on which it is located and which maintains a
gross surface area of less than 1.0m² (10.76 ft2).
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, community centres and all similar
uses, together with the necessary and accessory building sand
structures; though does not include the racing of animals or
motorized vehicles.
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.
Redevelopment: (see infill development).
Residential 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.
Residential Use: The use of land, buildings, or structures for
human habitation.
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 for 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.
Rooming House: A building which contains a room or rooms
for accommodation other than a dwelling unit or other form of
accommodation defined elsewhere in this Bylaw, with sleeping
facilities but without private toilet facilities.
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, rages, 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.
Sea Container: (see Shipping Container).
Secondary Suite: A self-contained dwelling unit which is an
accessory use to, and located within, a detached building in
which the principal use is a one unit dwelling.
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 gasoline, automobile accessories, and for the servicing
and repairing of motor vehicles essential to the operation of a
- 18 -
motor vehicle; but does not include an auto body or painting
shop, car sales lot, or a car washing establishment.
Setback: The distance required to obtain the front yard, rear
yard or side yard provisions of this Bylaw.
Location and measurement of setbacks
Shipping Container: An article of transportation
equipment, including one that is carried on a chassis, that is
strong enough to be suitable for repeated use and is designed
to facilitate the transportation of goods by one or more means
of transportation and includes, though is not limited to,
intermodal shipping containers, body of transport trailer or
strait truck box but does not include a motor vehicle.
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.
Short-Term Stay Residential: (See Rooming House).
Should, Shall or May;
-
Shall is an operative word which means the action is
obligatory.
-
Should is an operative word which means that in order 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.
Sign, 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.
Sign, Canopy: A sign attached to, or painted on an awning,
canopy or freestanding canopy.
Sign, Fascia: A sign fastened to, or painted on the wall of a
building or structure in such a manner that the wall becomes
the supporting structure for, or forms the background surface
of the sign and which does not project more than 0.5 metres
(1.64 ft.) from such building or structure.
Sign, Freestanding: A sign, except a billboard,
independently supported and visibly separated from a building
or other structure and permanently fixed to the ground.
Sign, Height: The vertical distance measured from the
highest point of the sign to grade level at the centre of the sign.
Sign, Projecting: A sign which is wholly or partially
dependent upon a building for support and which projects
more than 0.5 metres (1.64 ft.) from such building.
Sign, Temporary: A sign which is not permanently installed
or affixed in position, advertising a product or activity on a
limited basis.
Site: An area of land, consisting of one or more lots, whether
or not being 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
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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 of the buildings measured above ground level, excluding, in a
residential district, decks.
Site Depth: The horizontal distance between the front site
and rear site lines, though 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. The front site line of a
through site shall be determined by predetermined building
lines.
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 separating the site from the street;
for a corner site, the shorter line abutting a street; but in the
case of a corner site with two street lines of equal length, the
front site line shall be designated by predetermined building
lines.
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 plan showing the location of existing and
proposed buildings 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 / or 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.
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 between finished floor and finished ceiling
of between 1.6 metres (5.25 ft.) and 2.3 metres (7.55 ft.) over a
floor area which is not less than one-third nor more than two-
thirds of the floor area of the story next below.
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
residents, community groups or local, provincial and federal
governments.
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 (6,501.61 ft2) in gross floor area in which a minimum of
three (3) and a maximum of six (6) of the permitted of
discretionary uses of the Zoning District are located together
for their mutual benefit.
Structural Alteration: The construction or reconstruction
of supporting elements of a building or other structure.
Structure: Anything that is built, constructed or erected that
is located on the ground or attached to something located on,
or in the ground.
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: Any body of water permanently located
outdoors or indoors, contained by artificial means and used and
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maintained for the purpose of swimming, wading, or diving and
having a depth of 0.61 metres (2 ft.) or more at any point.
Tavern: An establishment, or portion thereof, where the
primary business is the sale of beverage alcohol for
consumption on the premises, with or without food, and where
no live entertainment or dance floor is permitted.
(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 Garages: A fabric covered structure used for
storage, accessory to a residential use only. For the purposes of
this bylaw, temporary garages shall be considered accessory
buildings.
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 faculties.
Town: The Town of Rosetown.
Town Administrator: The Administrator of the Town of
Rosetown.
Trailer (Camping), Motor Home: Any vehicle designed,
constructed or reconstructed in such a manner as will permit
occupancy as a dwelling or sleeping place for one or more
persons, notwithstanding that its running gear is removed or
jacked up, is used or constructed in such a way as to enable it to
be used as a conveyance upon public streets or highways, and
includes self-propelled and non-self-propelled vehicles.
Motor Home - Camping Trailer
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.
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 9.29m² (100 ft2).
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.
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 System: 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.
Wind Energy Conversion System, Private Use:
Means a system consisting of a wind turbine, tower, and
associated control or conversion electronics for the purpose of
providing electrical power to a lawful 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. These systems are considered accessory uses in all
zoning districts.
Wind Turbine: The individual component of a Wind Energy
Conversion System that converts kinetic energy from the wind
into electrical energy, independent of the electrical conductors,
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electrical storage system, electrical metering, or electrical
inverters.
Wind Turbine, Electrical: An individual component of a
Wind Energy Conversion System which converts kinetic wind
energy to electrical energy through electric currents.
Wind Turbine, Mechanical: An individual component of a
Wind Energy Conversion System which converts kinetic wind
energy to mechanical energy through motion.
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: Open, uncovered space open to the sky on the same site
with a building or structure.
Yard, Front: The area between the side site lines and the
front site line to the front building line.
Yard, Rear: The area between the side site lines and the
front site line to the rear building line. (corner and interior)
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: The area between the front and rear yards and
between the side site line and the side building line.
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3
ADMINISTRATION AND INTERPRETATION
3.1
DEVELOPMENT OFFICER
3.1.1 The Town Administrator of the Town of Rosetown 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;
e) Perform other duties as determined by Council.
3.1.3 The Development Officer shall be empowered to make a decision 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 Rosetown Official
Community Plan and the Rosetown Hub and Spoke District Plan.
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 utility use, every developer shall:
a) Complete and submit a Development Permit application; (refer to Permit application in Appendix
"A") and
b) Receive a Development Permit for the proposed development.
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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,
the Official Community Plan of the Town of Rosetown and the Rosetown Hub and Spoke District 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
3.4.1
RESIDENTIAL ZONING DISTRICTS
a) Buildings and structures under 9.0 m² (97 ft2) 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.
c) Relocation of any residential or accessory building within a site provided development standards
are still met on the site.
3.4.2
COMMERCIAL ZONING DISTRICTS
a) Buildings and structures under 9.0 m² in area, which are accessory to a permitted, principal,
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
OFFICIAL USES
Uses and buildings undertaken, erected, or operated by the Town of Rosetown including the maintenance
or construction of a public work.
3.4.4
INTERNAL ALTERATIONS
Residential Buildings
a) Internal alterations to a residential building, provided that such alterations do not impact the
building structure or 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 structure, use, or intensity of use of the building, does not change.
3.4.5
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.
b) All Bylaw requirements shall be based on the stated metric units. The imperial units shown in this Bylaw
shall be approximate guidelines only, provided for convenience.
3.6
COMPREHENSIVE DEVELOPMENT REVIEW
3.6.1 A Comprehensive Development Review shall be completed prior to consideration of an application by Council
by any person proposing to rezone 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 Comprehensive Development Review will be based on the scale and location
of the proposed development, and 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;
f) Appropriate information specific to the particular land use (residential, commercial or industrial).
3.6.2 The Comprehensive Development Review must be prepared in accordance with the overall goals and
objectives of the Official Community Plan of the Town of Rosetown and the Rosetown Hub and Spoke District 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 Development Officer shall 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 District Planning
Commission, or interested groups, as Council may consider appropriate. Council also may require the
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application to be reviewed by planning, engineering, legal, or other professionals, with the cost of this
review to be borne by the applicant.
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.
3.7.2
DEVELOPMENT PERMIT DECISION
3.7.2.1. The applicant shall be notified in writing of the decision of their application within 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 months unless otherwise stipulated when the permit is
issued.
a) If development has not commenced within twelve months or within the time period stipulated when the permit
is issued, the Development Officer may extend the permit upon written request of the developer.
b) If development has been discontinued for a period of twelve consecutive months at any time after a
development permit has been issued, the development permit is expired and a new development permit must be
issued before development may continue.
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 shall pay the required fee as set out
in a separate Development Fee Bylaw of the Town.
3.9.2 There shall be no Development Permit application fee for sign permits, licenses for home occupations or
other forms of business licenses.
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3.9.3 An applicant seeking a discretionary use approval shall pay the required fee as set out in a separate
Development Fee Bylaw of the Town.
3.9.4 The Development Officer shall carry out on behalf of the applicant, the advertisement of the proposed use
by posting a notice of the application at the entrance to the property in question and 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.
3.9.5 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.
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:
a) bear the actual cost of advertising such zoning amendment as permitted by The Planning and Development Act,
2007; and
b) pay the fees associated with processing a Zoning bylaw amendment as contained in a separate Development
Fee bylaw of the Town.
Council also may require the applicant to pay all costs incurred in a professional review of the application and in
carrying out a public hearing.
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
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 that development acceptable
to Council that meets The Public Health Act and Regulations requirements.
3.13
DEVELOPMENT APPEALS BOARD
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3.13.1 Council shall appoint a Development Appeals Board consisting of three members, to hear and determine
appeals in accordance with Section 213 to 227 inclusive, of The Planning and Development Act 2007.
3.13.2 RIGHT OF APPEAL
3.14
MINOR VARIANCES
3.14.1 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.
e) A minor variance must not be granted:
i.
for a discretionary use or form of development, or in connection with an agreement to rezone
pursuant to Section 69 of The Planning and Development Act, 2007 respecting the rezoning of
land; or
a)In addition to any other right of appeal provided by The Planning and Development Act, 2007,
and any other act, a person affected may appeal to the Board if there is:
i.
Alleged misapplication of the Zoning Bylaw in the issuance of a development permit;
ii.
A refusal to issue a development permit because it would contravene the Zoning
Bylaw;
iii.
An issuance of a written order from the Development Officer.
b)There is no appeal pursuant to 3.13.2.a.ii if a development permit was refused on the basis that
the use in the Zoning District for which the development permit was sought:
i.
Is not a permitted use or a permitted intensity of use;
ii.
Is a discretionary use or discretionary use of intensity that has not been approved by
resolution by Council; or
iii.
Is a prohibited use.
c)
Appellants 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.
d)
An appellant shall make the appeal pursuant to 3.13.2.a within 30 days after the date of the
decision.
e)
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 right of appeal.
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ii.
If it would be inconsistent with any provincial land use policies or statements of provincial
interest.
3.14.2 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.
3.14.3 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) Refuse the minor variance.
3.14.4 Terms and conditions imposed by the Development Officer shall be consistent with the general
development standards in this Bylaw.
3.14.5 Where a minor variance is refused, the Development Officer shall notify the applicant in writing, providing
reasons for the refusal.
3.14.6 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.
3.14.7 A decision to approve a minor variance, with or without terms and conditions, does not take effect:
a) In the case of a notice sent by regular mail, until 23 days from the date the notice was mailed;
b) In the case of a notice that is delivered by personal service, until 20 days from the date the notice was
served.
3.14.8 If an assessed owner of a property having an adjoining property with the applicants 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 30 days of
receiving the notice.
3.14.9 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 30 days of the date of that decision.
3.14.10 The Development Officer shall maintain a record of all minor variance applications.
3.15
NON-CONFORMING BUILDINGS USES AND SITES
3.15.1 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.
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3.15.2 No enlargement, additions, or reconstruction of a non-conforming use, building or structure shall be
undertaken, except in conformance with these provisions.
3.15.3 No existing use, building or structure shall be deemed to be nonconforming 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.
3.15.4 Where a building has been erected on or before the effective date of this Bylaw on a site having less than
the minimum dimensions or area, or having less than the minimum yards required by this Bylaw, the use may be
continued and the building may be enlarged, reconstructed, repaired, or renovated pursuant to the rights granted
by Section 91 to 93 of The Planning and Development Act, 2007. These rights are subject to the following:
a) The enlargement, reconstruction, repair, or renovation does not further reduce the required yards that do
not conform to this Bylaw;
b) All other applicable provisions of this Bylaw are satisfied; and
c) Issuance of a development permit required by this Bylaw.
3.16
CANCELLATION
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.
3.17
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 Information
Services Corporation (Land Titles) under this Bylaw.
3.18
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.
3.19
REGISTERING INTERESTS
3.20.1 As per Section 175 of The Planning and Development Act, 2007 the Municipality may register an interest
based on a development levy agreement or servicing agreement in the land registry against the affected title.
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3.20.2 As per Section 171 of The Planning and Development Act, 2007, if the Council deems it is necessary to do so,
the Council or Development Officer may require the development permit applicant to enter into a development
levy agreement with the Municipality respecting the payment of the development levies.
3.20
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.
3.21
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.
3.22
DEVELOPMENT LEVY AGREEMENTS
3.23.1 Council may pass a development levy bylaw pursuant to Section 169 to 170 of The Planning and
Development Act, 2007, to establish development levies to recover the capital costs of services and facilities.
3.28.2 As per Section 171 of The Planning and Development Act, 2007, if the Council deems it is necessary to do
so, the Council or Development Officer may require the development permit applicant to enter into a
development levy agreement with the Municipality respecting the payment of the development levies.
3.23
SERVICING AGREEMENTS
3.24.1 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.
3.24.2 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, street lights, 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;
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b) The payment of fees that the Council may establish 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 and
that directly or indirectly serve the proposed subdivision.
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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 Rosetown 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 Rosetown 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 Provincial and Federal 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 metres 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.
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, health care clinics, recreation facilities, special care homes, senior citizen homes, and approved dwelling
groups, shopping centres, manufactured homes in manufactured home courts and condominium developments.
4.5.2 Multiple unit residential buildings (e.g. duplex, four plex) 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, USES AND STRUCTURES
4.6.1 Subject to all other requirements of this Bylaw, an accessory building, use or structure is permitted in any
district when accessory to an established principal use which is a permitted or discretionary use in that same
district, and for which a Development Permit has been issued.
4.6.2 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 No accessory building or structure shall exceed the height of the principal building and in no case shall such
accessory building or structure exceed the height limits provided for accessory buildings or structures in the Zoning
District in which it is located.
4.6.5 Only one accessory building, not exceeding 93 square metres in area is permitted.
4.6.6 Accessory Building wall heights:
a) Principal dwelling is a single storey in height: no wall height requirement: the overall height of the
garage (from grade level to the top of the roof) shall not exceed the overall height of the dwelling (from
grade level to the top of the roof);
b) Principal dwellings other than single storey (split level, two storey, etc): maximum height from grade
level to the top of the wall, not including the roof: 3.66 m (12 ft.).
4.7
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; though not be less than 4.5 metres (15 ft.) in a Residential district unless otherwise permitted in this Bylaw.
4.8
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 metres
(36 ft.) and the mean site width shall not be less than the minimum frontage for regular sites in the same Zoning
District.
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4.9
PERMITTED YARD ENCROACHMENTS
4.9.1 Where minimum front, side or rear yards are required in any Zoning District, the following yard
encroachments shall be permitted.
a) The following projections in yards may be permitted subject to the setback requirements of the National
Building Code:
i) In any rear yard, the construction of a deck, porch or verandah not more than three (3) meters (10
ft.) into the required rear yard; ;
ii) In any side yard:
a) the construction of a deck not closer than 0.5 metres (1.6 ft.) to the side lot line; and/or
b) The construction of a covered walkway which may extend to the side lot line;
iii) In any yard the construction or location of a chimney or roof overhang of 0.5 metres or less or to
the ordinary projection of sills, bell cornices, or steps 15 metres (5 ft.) or less above grade;
iv)In any front yard the construction of a deck not more than 3.0 metres (10 ft.) into the required
front yard.
4.10
GRADING AND LEVELING OF SITES
4.10.1 Every development shall be graded and leveled 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.
c) All topsoil from an area that is to be re-graded must be stripped, stockpiled, and replaced on the re-
graded area, or re-located to a site approved by Council.
4.11
HEIGHT OF BUILDINGS AND STRUCTURES
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 , spires, belfries, cupolas,
television antenna, solar collectors, or other appurtenances usually required to be placed above the roof level, and
not intended for human occupancy.
4.12
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,
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and any alterations and development must be reviewed and approved by the Heritage Programs of the Province of
Saskatchewan.
4.13
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.
4.14
BUFFER STRIPS
4.14.1 Buffer strips are intended to improve land use compatibility and environmental quality by reducing noise,
lighting glare and other nuisances, or facilitating natural drainage. Buffer strips which may be required to separate
uses from adjacent properties may require a minimum 1.0 metre (3 ft.) vegetative landscape buffer, unless a fence
is required for other reasons.
4.15
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.
4.16
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 metres of the point of intersection of the centre line of both the
railway and the street.
4.17
BARELAND CONDOMINIUM DEVELOPMENTS
4.17.1 Bareland Condominium Developments shall comply with the minimum site area, coverage, width, height
and yard setbacks as stated in the residential zones.
4.17.2 One primary dwelling unit is permitted per Bareland condominium lot.
4.17.3 Bareland condominium developments may include private open space and one accessory building for joint
recreational or storage 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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4.18
SATELLITE DISHES
4.18.1 Satellite dishes in excess of 0.5 metre (1.6 ft.) in diameter shall not be located in any front yard or 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) stories in height.
4.18.2 Satellite dishes located in Residential Districts, which exceed 0.5 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
4.18.3 Satellite dishes may be erected in Commercial or Industrial Districts for communications purposes or re-
broadcasting of television signals and subsection 4.21.1 shall not apply.
4.19
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.
4.20
TRAILERS, BOX CARS, SEA AND RAIL CONTAINERS
No person shall park or store on any part of a site, any unlicensed rail or sea container, truck, bus or coach body for
the purpose of advertising or warehousing within any Zoning District, unless permitted as a temporary use in
certain Districts.
4.21
SWIMMING POOLS
4.21.1 Notwithstanding anything contained in this Bylaw, a swimming pool is permitted as an accessory use to
permitted uses in any Residential District or a motel (motor hotel) in a Highway Commercial District, to be located
in the side yard or rear yard of any site if:
a) 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;
b) The maximum height of such pool is 1.2 metres (4 ft.) above the average finished grade level of the
ground adjoining the pool and to within 4.5 metres (15 ft.) of such pool;
c) Every swimming pool shall be enclosed by a non-climbable fence of at least 1.8 metres (6 ft.) in
height and not more than 10 cm from the ground, and located at a distance of not less than 1.5
metres (5 ft.) from the pool; and
d) Any deck attached to or abutting a swimming pool shall be considered as part of the swimming pool.
e) Drainage of all water from any swimming pool shall be pumped out at a controlled rate into a storm
sewer, where same is available; or into a domestic sewer where the storm sewer is not available.
f)
Under no circumstances shall water be drained or discharged from a swimming pool onto or across
private or public property unless within a system of pipes.
g) Lifesaving equipment consisting of at least one ring buoy not more than 381 millimeters (fifteen
inches) in diameter to which shall be attached a rope 5 millimeters (3/16 inch) in diameter and of
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length at least equal to the greatest dimension of the swimming pool and one life pole, or shepherd's
crook type of pole, at least 3,048 millimeters (10 ft.) long and having blunted ends, shall be provided.
4.21.2 Any building or structure, other than a dwelling, required for changing clothing or for pumping or filtering
facilities, or other similar accessory uses, complies with the provisions in the applicable Zoning Districts in Section 5
of this Bylaw, respecting accessory buildings.
4.22
DISPOSAL OF WASTES
4.22.1 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.
4.22.2 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 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 Water Security Agency.
4.23
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 metres (984 ft.) for liquid waste, and 457 metres (1,499 ft.) 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.
4.24
LIGHTING
4.24.1 All outdoor lighting for any development shall be located and arranged so that no direct rays of light are
directed at any adjoining properties, interfere with the use and enjoyment of neighbouring lands, or interfere with
the effectiveness of any traffic control devices or the vision/safety of motorists.
4.24.2 Appropriate lighting of commercial and industrial development shall be undertaken to provide security and
to add visual interest. Lighting standards and fixtures shall be of consistent design and complimentary to the
overall architecture.
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4.24.3 Public access areas shall be lit in keeping with the principles of Crime Prevention Through Environmental
Design (CPTED) and require site lighting as is necessary to encourage pedestrian safety and allow casual
surveillance from adjacent buildings and roads of parking and walkways.
4.25
SIGNAGE
4.25.1 A Development Permit is required for the erection, display, alteration, relocation or replacement of any
temporary or permanent sign unless exempted as follows:
a) Regular maintenance including painting and repairs due to deterioration;
b) Municipal and Provincial agency signage;
c) Traffic Control signage;
d) Incidental signs containing traffic and pedestrian controls;
e) Signage intended to regulate hunting or trespassing on private property;
f)
Agriculturally related signage including herbicide, insecticide or seed advertising promotional signage;
g) Real estate signage;
h) Residential name plates;
i)
Works of art containing no advertising.
4.25.2 GENERAL SIGNAGE REQUIREMENTS
Specific sign regulations are provided in each Zoning District which shall apply in addition to, and take
precedence over the General Sign regulations.
a) A sign which is made from part of or is attached to, a fence is prohibited.
b) Signs which are deemed to be in disrepair shall be properly maintained or removed at the discretion
of the Municipality.
c) A Development Officer may require that a sign be enhanced with landscaping or architectural
features to improve aesthetics.
d) Offensive statements, words or pictures that do not conform to the amenities of the neighbourhood
shall be prohibited.
e) Signs identifying multi-parcel country residential developments may be permitted.
f)
Incidental signage shall not exceed 0.5 m2 (5 ft2) of gross surface area and shall not contain any
advertising.
g) No permanent sign shall be placed on or over public property unless specifically permitted within this
Bylaw.
h) All private signs shall be located so that the safety of the public is not jeopardized.
i)
Signs shall be constructed in a permanent manner, of materials suitable for the purpose and life of
the sign and shall be maintained and mounted in a condition that is safe, neat, clean and not
unsightly or dangerous.
j)
Signs or sign structures shall not be located where they may interfere with, distract from, obstruct
the view of, or be confused with any authorized traffic sign, signal or device.
k) Signs shall not be located in such a manner as to impede the view of any pedestrian or vehicular right
of way, or railway crossing.
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l)
Illuminated signs shall have an internal light source or an external light source shielded so that the
light casts downward to the face of the sign and the sign shall be located appropriately to prevent the
creation of a hazardous situation related to pedestrian and vehicular traffic.
m) Freestanding Electronic Message Signs which advertise off-site products and services may be located
on fairgrounds and on other lands in the FUD District subject to the following:
i.
No more than one (1) electronic variable message sign is permitted per site.
ii.
The sign may not be located within 90.0 metres (295 ft.) of any Residential District, the height
may not exceed 15.0 metres (49 ft.) and the size of any single face area must not exceed 38 m²
(409 ft2).
iii.
The Development Officer may consider individual applications for the placement of freestanding
electronic message signs in other Zoning districts.
4.25.3 HIGHWAY CORRIDOR
a) Where a sign will be located adjacent to a Provincial highway, The Highways and Transportation Act
will govern placement requirements.
b) Billboard and other off-site advertising signs are prohibited, except in a highway sign corridor.
4.25.4 TEMPORARY SIGNAGE
Temporary signs may be placed in public right of ways for the purpose of advertising special events and will be
limited to the following:
a) Temporary signs and real-estate signs are permitted only as long as the temporary condition exists
for the property as determined by the Development Officer;
b) The lesser of 12 hours prior to the start of the special event and 12 hours after conclusion or for a
continuous period of 72 hours for a private sale;
c) The lesser of 24 hours prior to the start of the special event and 24 after conclusion or for a
continuous period of 96 hours for a non-profit organization;
d) Signage will maintain a separation distance of 10.0 metres (33 ft.) from another temporary or
permanent sign, 3 metres (10 ft.) from a site access point and 10.0 metres (33 ft.) from an
intersection;
e) Signage shall not exceed 1.0 m2 (11 ft2) in gross surface area and 1.2 m (4 ft.) in height;
f)
Election signage is permitted as temporary signage and is permitted only if it is erected no earlier
than 30 days prior to the date of the election, by-election, referendum or plebiscite and removed
prior to the opening of the polls on election day, subject to any applicable federal or provincial
election legislation.
4.26
MINIMUM DWELLING AND MANUFACTURED HOME WIDTH
Every dwelling, including single detached, semi-detached, duplex, modular, multiple-unit, row house or town
house and ready-to-move dwellings, including manufactured homes, shall have a minimum width of 7.32
meters (24 ft.). The minimum dwelling and manufactured home width shall not apply in the R3 - Residential
District.
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5
DEVELOPMENT STANDARDS FOR DISCRETIONARY USES
This Section addresses special provisions and specific development standards that apply to the following
developments. These standards apply in addition to any standards of the District.
5.1
HOME OCCUPATIONS
Home Occupations (Home Based Businesses) are subject to the following conditions:
-
Home-based occupations and 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.
-
One home occupation shall be allowed per dwelling unit, by the inhabitants of the building, being the
inhabitant's primary residence. Home occupations shall be conducted entirely within the dwelling or an
accessory building.
-
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.
-
There shall be no exterior display or storage of any merchandise or material relating to the home
occupation.
-
No equipment or process used in the home occupation shall create dust, noise, vibration, glare, fumes,
odour or air pollution that is detectable at or beyond the property lines of the lot where the home
occupation or business is located.
-
The business does not result in the use or storage of any material, product, substance or organism which,
because of its quantity, concentration or risk of spill, or its physical, chemical or infectious characteristics,
either individually or in combination with other substances, is an existing or potential threat to the
physical environment, to human health or to living organisms.
-
One (1) person other than a resident of the dwelling unit may be engaged in any home occupation as an
employee or a volunteer.
-
Parking: The home occupation shall not cause or add to on-street parking congestion or cause an increase
in traffic through residential zones.
i.
No more than one business vehicle, for which off-street parking is provided, shall be operated in
connection with the home occupation.
In approving any discretionary use to minimize land use conflict, Council may prescribe specific development
standards related to:
Site drainage of storm water;
The location of buildings with respect to buildings on adjacent properties;
Access to, number and location of parking and loading facilities;
Appropriate space for vehicle movement in order to reduce disruption of traffic flows on adjacent
roadways;
Control of noise, glare, dust and odour;
Landscaping, screening and fencing to buffer adjacent properties.
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ii.
Parking of vehicles of employees hired for off-site jobs shall not be allowed at or in the vicinity of
the dwelling unit.
-
All Business Permits issued for home occupations shall expire on December 31 of the year issued. Home
occupations (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 a nuisance or a source of conflict with the
adjoining properties and the character of the neighborhood.
5.2
SECONDARY SUITES
-
Secondary suites may be constructed within a principal, single detached dwelling in a residential zone.
Only one secondary suite is permitted on each residential site
-
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.
Secondary suites must contain cooking, eating, living, sleeping, and sanitary facilities.
-
Secondary suites may not exceed 64 m² or 35% of the total floor space, including basements, and may not
have more than two bedrooms.
5.3
GARDEN (GRANNY) SUITES
A single Garden Suite may be placed in the back yard of a single-detached residential development under the
following conditions:
-
There is no secondary suite in the primary residence.
-
The Garden Suite dwelling unit is a temporary use and shall be permitted for a five-year term, which may
be renewed at Council's discretion. The landowner shall enter into an agreement that the land shall not
be considered for subdivision.
-
The owner(s) of the host residence must live on the site, and at least one resident of the primary dwelling
and one resident of the Garden Suite shall be related by blood, marriage, or legal adoption.
-
Except for infant children (up to two years of age) of a resident of the Garden Suite dwelling, there shall
be no more than two residents.
-
The occupant(s) of the Garden Suite should be able to benefit from the informal care and support of
relatives or caregivers in the primary residence, or provide care and support to family in the primary
residence.
-
The floor area of the Garden Suite dwelling shall not be less than 35 m² (377 m2) and not greater than 70
m² (753 ft2). The Garden Suite shall not be located on a permanent foundation to allow the structure to
be removed from the property when it is no longer required by a relative of the permanent resident.
-
The maximum height of the Garden Suite shall not exceed 5.0 metres (16 ft.) from grade level and shall
have only one story.
-
Garden Suite dwellings shall only be located on sites where the dwelling can be serviced by existing
utilities and can be hooked up to the services of the host residence.
-
Residents of the Garden Suite must have access to the rear yard amenities.
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-
The combined site coverage of the single detached dwelling and Garden Suite dwelling shall not exceed
the maximum coverage permitted by this Zoning Bylaw, and the accessory dwelling shall be placed so that
all other setback requirements of the Zoning Bylaw are met;
-
A parking space shall be provided on site for the resident(s) of the Garden Suite dwelling.
-
There shall be direct and separate access to the Garden Suite dwelling by on-site driveway, or by public
roadway or alley.
5.4
MODULAR HOMES
Modular Homes are subject to the following conditions:
-
Modular homes shall be permanently connected to water and sewer services provided by the
Municipality and permanently connected as available to other public utilities.
-
All other requirements of this Bylaw apply.
-
Modular dwellings shall be placed on a permanent foundation of concrete (basement, crawlspace, T-
shaped / spread footing, or slab-on-grade), flat insulating concrete form foundations, wood or steel in
accordance with the requirements of the National Building Code or foundations installed in accordance
with CSA-Z240.10 "Site Preparation, Foundation, and Anchorage of Manufactured Homes." The
Development Permit application must state which type of foundation will be used.
Modular Dwelling Architectural Compatibility Guidelines
The following guidelines shall be considered by the Development Officer in the approval of a development
permit for a modular dwelling in any residential district:
1. Height of the main floor above grade shall be consistent with the height of the main floor of dwelling
units in the immediate and general area;
2. Roof pitch, style, and features such as gables shall be consistent with the roofs of dwelling units in the
immediate and general area;
3. Roof overhang/eaves shall be a minimum of 30 cm from surface of each side wall;
4. Finishing materials used on the roof and exterior walls shall be consistent with the materials used on
dwelling units in the immediate and general area;
5. Design of each modular dwelling shall ensure the side facing the street on which the home fronts
contains a prominently placed 'front door' and windows in quantity and size that are consistent with
dwelling units in the immediate area;
6. Modular dwellings may utilize full perimeter foundations compliant with NBCC provisions contained in
9.15.2. Alternatively, homes designed to be supported on longitudinal floor beams using piling
foundations and skirted perimeter enclosures must comply with provisions contained in NBCC 9.15.1.3;
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7. Full perimeter foundations, and skirting enclosures utilized on other basement alternatives, shall be
parged to create a finish similar in appearance to that customarily found on basements of other detached
dwellings in the immediate and general area.
5.5
BED AND BREAKFAST HOMES
Bed and Breakfast Homes are subject to the following conditions:
-
A bed and breakfast home may be located in a detached one unit dwelling or in a semi-detached dwelling.
No exterior alterations shall be undertaken which would be inconsistent with the residential character of
the building or property.
-
Bed and breakfast homes shall be located in a single detached dwelling used as the operator's principal
residence developed shall be licensed by the Ministry of Health.
-
Required parking spaces may be permitted in a required front yard.
-
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 (5 ft2).
5.6
CHILD DAY CARE CENTRES AND PRE-SCHOOLS
Child day care centres and pre-schools are subject to the following conditions:
-
Day care centres and pre-schools may be approved as an accessory use or as a principal use in their
respective Zoning District.
-
In any Residential District, no exterior alterations shall be undertaken to a dwelling or former dwelling
which would be inconsistent with the residential character of the building or property.
-
Outdoor play area shall comply with the Child Care Act, 2000.
5.7
ADULT DAY CARE CENTRES
Adult day care centres are subject to the following conditions:
-
Adult day care facilities may be approved as an accessory use or as a principal use.
-
In any Residential District, no exterior alterations shall be undertaken to a dwelling or former dwelling
which would be inconsistent with the residential character of the building or property.
-
Required parking spaces shall not be located in a required front yard.
5.8
RESIDENTIAL CARE HOMES
Residential Care Homes are subject to the following conditions:
-
Residential care homes may be approved as an accessory use or as a principal use in their respective
Zoning Districts.
-
In any Residential District, no exterior alterations shall be undertaken to a dwelling or former dwelling
which would be inconsistent with the residential character of the building or property.
-
No building or structure used for the purpose of a residential care home shall be used for the purpose of
keeping boarders or lodgers.
- 44 -
5.9
CAMPGROUNDS
Campgrounds are subject to the following conditions:
-
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 rearrangement of campsites, the construction or moving of buildings,
and 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.
-
A campground shall have within its boundaries, a buffer area abutting the boundary of not less than 4.5
metres (15 ft.) which shall contain no buildings.
-
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.
-
One permanent sign located on site advertising the campground is permitted per site;
-
The facial area of a sign shall not exceed 0.5 m² (5 ft2);
-
No sign shall be located in any manner that may obstruct or jeopardize the safety of the public;
-
Temporary signs not exceeding 1.0 m² (11 ft2) advertising the sale or lease of the property or other
information relating to a temporary condition affecting the property are permitted.
-
No portion of any campsite shall be located within a roadway or required buffer area.
-
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
metres (25 ft.) in width. No portion of any campsite, other use or structure shall be located in any
roadway.
-
Each trailer coach shall be located at least 3.0 metres (10 ft.) from any other trailer coach, and each
campsite shall have dimensions sufficient to allow such location of trailer coaches.
-
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.
-
The Public Health Act shall be complied with in respect to all operations and development of the
campground.
5.10
MOBILE STORAGE CONTAINERS (SEA CANS) (BYLAW NO. 749-17)
No person shall park or store on any part of a site, any unlicensed rail or sea container, truck, bus or coach body for
the purpose of advertising within any Zoning District. Mobile Storage containers may be used as a Discretionary
(accessory) use under the following conditions:
Mobile Storage Containers:
a) Single storey mobile storage containers must be anchored;
b) Single storey mobile storage containers shall be located a minimum of 3.0 metres (10 feet) from the
primary building and behind the rear wall of the primary building;
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c) Single storey mobile storage containers must be kept in good shape and sightly as determined through
inspection by Town representatives;
d) Any containers determined by the Town 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 Town;
e) Mobile storage containers (sea cans) may not be used in any Residential District;
f)
Businesses and operators in the applicable Zoning Districts may use mobile containers when they are
required and used as part of their regular business operations.
5.11
EQUESTRIAN FACILITIES
Equestrian Facilities are subject to the following conditions:
-
The Development Permit shall set the maximum number of horses and cattle, if applicable, that may be
kept on the site.
-
An animal is kept, for purposes of this section, when it is on the site overnight.
-
That the number of animals allowed as a condition of the permit to participate in an event are in addition
to the number that are allowed to be kept on the site.
-
The Development Permit shall set out conditions that address garbage and manure control, pasture
management, on site stock trailer parking, participant and spectator parking.
-
The application shall include a Storm Water Management Plan for all areas of the parcel of land disturbed
during or as a result of the development of the Equestrian Centre and supporting facilities.
-
The application shall include a traffic impact analysis that includes current and projected traffic for the
next ten years in the vicinity.
-
A condition of the Development Permit may require there be a contribution towards upgrading of access
roads should the road network require upgrading because of the impact of the facility.
-
Details of water supply and sewage disposal shall be included with the application.
-
Council shall place any additional conditions for approval deemed necessary based upon a specific
application.
5.12
SOLAR ENERGY COLLECTION
A Building Permit is required for the installation of solar collector systems mounted on a building having a face
area equal to or greater than 5 m² (54 ft2). This includes:
- Photovoltaic (PV) Solar System, converting sunlight to electricity generation.
- Photovoltaic (PV) or non-PV Solar Panels (SP), used for potable water heating.
- Photovoltaic (PV) or non-PV Solar Panels (SP), used for space heating or swimming pool heating.
Submissions shall include:
-
A roof plan or wall elevation indicating the layout and spacing of the solar collectors on the roof of the
building.
-
Typical cross-section including but not limited to system height, tilt angle and attachments.
-
Panel or module dimensions and manufacturers specifications including panel dead load and ballast
where applicable.
- 46 -
-
Mounting details clearly specifying panel attachment and specifications including framing reinforcement
as may be required.
-
Verification of existing roof or wall framing components affected by the proposed installation and the
ability of the affected building structural system to accommodate all loads associated with the collector
and racking system including dead load, wind load and snow accumulation.
-
Solar panels used for the production of heat for water shall include mechanical drawings (plumbing
schematic) detailing any connection to the potable water system.
5.13
WIND ENERGY FACILITIES
Wind energy facilities are subject to the following conditions:
-
All buildings and structures shall be set back at least 90.0 metres (295 ft.) from an intersection of any
Municipal road allowance, or Provincial highway or such greater distance as required by the Ministry of
Highways.
-
The setback related to Municipal road allowances and the wind energy generator (turbine) shall be no less
than the length of the blade plus 10.0 metres (33 ft.).
-
The minimum site size for the allowance of any Wind Energy Facility shall be 2.0 hectares (5 acres).
-
The setback from the property line of a non-participating landowner to a wind energy generator (turbine)
shall be no less than the length of the blade plus 10.0 metres, or a minimum of 38.0 metres, unless
otherwise agreed to by the landowner, developer and the Municipality.
-
The separation distance from a wind energy generator (turbine) to a Residential Acreage or Residential
subdivision shall be a minimum distance of 550 metres (1804 ft.).
-
The maximum total tower height shall be:
i.
6.0 metres (20 ft.) above grade level in a Residential Acreage or Industrial Zoning District and the
maximum noise standard shall not exceed 40 decibels.
ii.
45.0 metres (148 ft.) above grade level in the Community Service or Future Urban Developmental
Zoning District.
-
Approaches for access roads to the wind energy facilities must be perpendicular to established road
allowances.
-
All infrastructure, roads and accesses required to facilitate the implementation of the wind energy
facilities shall be proposed by the developer as part of the Development Permit application.
-
Any proposed development within a municipal road allowance, i.e. Underground lines or overhead
poles/lines, must be proposed by the developer as part of the Development Permit application and
adhere to the Rural Municipality road crossing policy.
-
The developer is required to enter into a road use agreement with the Municipality for the construction
period to ensure roads are maintained in condition agreeable by both parties.
-
The wind energy generator (turbine) shall have no restrictions on colour or height.
-
Substations are required to be fenced. All wind energy facilities shall be enclosed within a locked
protective chain link fence of a minimum height of 1.85 metres (6 ft.) and the design shall be included in
the Development Permit application.
- 47 -
-
Development and Building Permit applications for a Wind Energy Facilities shall include either a
manufacturer's engineering certificate of structural safety or certification of structural safety via a
Saskatchewan Professional Engineer.
-
Sites having potentially dangerous or hazardous developments shall have visible signs stating any
potential dangers. No hazardous waste shall be stored on the site.
Council, at its discretion, may seek approval of this development from both internal and external referral
agencies.
5.14
ABOVE GROUND FUEL STORAGE TANKS
Above ground fuel storage tanks are subject to the following conditions:
-
Above ground fuel storage tanks which meet the standards of the National Fire Code and which have a
maximum capacity of 50,000 litres may be permitted in association with service stations, gas bars and
other permitted industrial or commercial uses where the dispensing of fuel to vehicles is a standard
aspect of the use.
-
The total storage capacity for above ground fuel storage tanks on any single service station or gas bar site
shall not exceed:
o
150,000 liters for flammable liquids (gasoline);
o
100,000 liters for combustible liquids (diesel fuel); and
o
100,000 liters of propane.
-
Above ground fuel storage tanks shall be:
o
for uses other than service stations and gas bars, located at least 3.0 metres (10 ft.) from any
property line or building, the 3.0 metre separation distance may be reduced to 1.0 metre (3 ft.) for
tanks with a capacity of 5,000 liters or less;
o
for service stations and gas bars, located at least 6.0 metres (20 ft.) from any property line or
building;
o
separated from each other and be accessible for firefighting purposes to the satisfaction of the
Development Officer; and
o
at least 15 metres (49 ft.) from the boundary of any site within a Residential district.
-
For uses other than service stations and gas bars, the dispensing equipment associated with above ground
fuel storage tanks shall be located at least 3.0 metres from any property line, at least 7.5 metres (25 ft.)
from any open flame or other ignition source, and at least 4.5 metres (15 ft.) from any door or window.
-
For service stations and gas bars, the dispensing equipment associated with above ground fuel storage
tanks shall be located at least 6.0 metres (20 ft.) from any property line, at least 7.5 meters from any open
flame or other ignition source, and at least 4.5 metres from any door or window.
-
Above-ground fuel storage tanks shall be protected from vehicles with suitable posts, guardrails or other
similar means.
-
At service stations and gas bars, above-ground fuel storage tanks which are located in view of a front or
flanking street shall be landscaped or screened to the satisfaction of the Development Officer.
-
The maximum height of an above-ground fuel storage tank shall be limited to the maximum permitted
height of a free-standing sign in the Zoning District.
-
Painted lettering or other forms of signage may be located on above-ground fuel storage tanks subject to
the sign regulations in the Zoning District.
- 48 -
- 49 -
6
ZONING DISTRICTS AND ZONING MAPS
6.1
ZONING DISTRICTS
For the purpose of this Bylaw, the Town of Rosetown is divided into several Zoning Districts that may be referred
to by the appropriate symbols. The uses or forms of development allowed within a Zoning District, along with
regulations or standards which apply, are provided in the District schedules in this Section.
R1
Residential Single Dwelling
C2
Highway Commercial
R2
Residential Multiple Dwelling Residential
HE
Highway Expansion
RMH
Residential Manufactured Home
IND
Industrial
RA
Residential Acreage
IND
Industrial
MU
Mixed Use
CS
Community Service
FUD
Future Urban
Development
C1
Town Centre Commercial
AG
Agricultural Resource
C1
Main Street Overlay District
AIR
Airport District
6.2
THE ZONING DISTRICT MAP
The map, bearing the statement "This is the Zoning District Map referred to in Bylaw No.693-14 adopted by the
Town of Rosetown," signed by the Mayor and by the Town Administrator under the seal of the Town, shall be
known as the "Zoning District Map", and such map is hereby declared to be an integral part of this Bylaw.
6.3
BOUNDARIES OF ZONING DISTRICTS
6.3.1 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."
6.3.2 Unless otherwise shown, the boundaries of Zoning Districts are site lines, centre lines of streets, lanes, road
allowances, or such lines extended and the boundaries of the Municipality.
6.3.3 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.
6.3.4 Where the boundary of a 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.
6.4
HOLDING DESIGNATION
- 50 -
a) 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.
b) Any lands subject to a holding provision shall only be used for the following uses:
i.
Those uses existing on the land when the "H" is applied; and
ii.
Public works.
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7
RESIDENTIAL DISTRICT - R1
The purpose of the Residential District 1 (R1) is to accommodate primarily single family detached
residential dwellings.
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:
7.1
PERMITTED USES
a) One single detached dwelling, which includes a ready-to move (RTM) (refer to Section 4.5) and
Modular dwelling (refer to Section 4.26 and Section 5.4);
b) Uses, buildings and structures accessory to the foregoing permitted uses and located on the
same site with the main use;
c) Home occupations (Home Based Businesses);
d) One secondary suite;
e) Playgrounds and swimming pools;
f)
Public works, buildings and structures excluding offices, warehouses, storage yards and waste
management or sewage facilities.
7.2
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. Discretionary use requirements are provided in Section 5.
a) Semi-detached dwellings (refer to Section 4.26);
b) Duplex dwellings refer to Section 4.26);
c) One garden suite (refer to Section 5.3);
d) Child day cares (refer to Section 5.6);
e) Adult day cares (refer to Section 5.7);
f)
Bed and breakfast homes (refer to Section 5.5);
g) Residential care homes (refer to Section 5.8);
h) Personal care homes
7.3 SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements.
Single Detached, RTM and Modular Homes
Minimum site area
465 m² (5,005 ft2)
Minimum floor area
90 m² (969 ft2)
Minimum site frontage
15.0 metres (49 ft.) for a rectangular lot, 11.0 metres (36 ft.) for a
wedge lot with a mean width of 15.0 metres.
Maximum height
9.0 metres (30 ft.) for Principal Buildings.
Maximum site coverage
interior site: 40%; 50% on a corner site
R1
- 52 -
Minimum parking
spaces
2 spaces
Minimum front yard
7.5 metres (25 ft.); the 10% variance shall not be applied on a corner
site.
Minimum rear yard
7.0 metres (23 ft.), the 10% variance shall not be applied on a corner
site.
Minimum side yard
1.2 metres (4 ft.), the 10% variance shall not be applied on a corner
site.
Development Standards for Ready-to-Move and Modular Dwellings:
a) Modular dwellings and Ready-to-Move dwellings shall be placed on a permanent foundation of concrete
(basement, crawlspace, T-shaped / spread footing, or slab-on-grade), flat insulating concrete form
foundations, wood or steel in accordance with the requirements of the National Building Code or
foundations installed in accordance with CSA-Z240.10 "Site Preparation, Foundation, and Anchorage of
Manufactured Homes." The Development Permit application must state which type of foundation will be
used.
Semi-Detached Dwellings
Minimum site area
232 m² (2497 ft2)
Minimum floor area
60 m² (646 ft2)
Minimum site frontage
7.5 metres (25 ft.) per dwelling unit
Maximum height
9.0 metres (30 ft.) for Principal Buildings
Maximum site coverage
40%
Minimum front yard
7.5 metres (25 ft.); the 10% variance shall not be applied on a corner
site.
Minimum rear yard
9.0 metres (30 ft.); the 10% variance shall not be applied on a corner
site.
Minimum side yard
1.2 metres (4 ft.), the 10% variance shall not be applied on a corner
site. Where a semi-detached dwelling is located on two lots such that
each dwelling unit is on a separate lot, there is no side yard
requirement on the common wall.
Duplex Dwellings
Minimum site area
315 m² (3,391 ft2)
Minimum floor area
60 m² (646 ft2)
- 53 -
Minimum site frontage
15 metres (49 ft.)
Maximum height
9.0 metres (30 ft.) for Principal Buildings.
Maximum site coverage
40%
Minimum front yard
7.5 metres (25 ft.); the 10% variance shall not be applied on a corner
site.
Minimum rear yard
9.0 metres (30 ft.); the 10% variance shall not be applied on a corner
site.
Minimum side yard
1.2 metres (4 ft.), the 10% variance shall not be applied on a corner
site.
Playgrounds and Swimming Pools
Minimum site area
No minimum
Minimum floor area
No minimum
Minimum site frontage
No minimum
Maximum height
No minimum
Maximum site coverage
No maximum
Minimum front yard
No minimum
Minimum rear yard
No minimum
Minimum side yard
3.0 metres (10 ft.)
Other Discretionary Uses:
Child day cares; Adult day cares, Residential Care Homes, Personal Care Homes
Minimum site area
450 m2 (4844 ft2)
Minimum floor area
75 m² (807 ft2)
Minimum site frontage
12 metres (39 ft.) with a lane, 15 metres (49 ft.) without a lane.
Maximum height
9.0 metres (30 ft.) for Principal Buildings.
Maximum site coverage
40% interior site: 50% corner site.
Minimum front yard
7.5 metres (25 ft.)
Minimum rear yard
7.5 metres
- 54 -
Minimum side yard
A. METERS (5 FT.)
7.4 ACCESSORY BUILDINGS AND STRUCTURES
Minimum yard setbacks
A minimum of 7.5 meters (25 ft.) from the front site line, or no closer
to the front site line than the principal building; 1.2 metres (4 ft.)
from the principal building, and 0.6 metres (2 ft.) from the side site
line unless the side site line is abutting a street: then the side yard
shall be 1.2 metres (4 ft.). 10% variance shall not be applied to
corner site.
No accessory building or structure shall be permitted in any required
front yard.
Maximum floor area
and height
An accessory building shall not exceed 93 m² (1,001 ft2) in area.
Wall heights:
a) Principal dwelling is a single storey in height: no wall height
requirement: the overall height of the garage (from grade level to the
top of the roof) shall not exceed the overall height of the dwelling
(from grade level to the top of the roof);
b) principal dwellings other than single storey (split level, two storey,
etc): maximum height from grade level to the top of the wall, not
including the roof: 3.66 m (12 ft.).
Minimum rear yard
All accessory buildings shall be located a minimum of 1.5 metres (5
ft.) from the rear site line however, no doors shall open beyond the
rear site line.
a) Garages, carports, and accessory buildings attached to a principal building by a substantial roof
structure shall be considered as part of the principal building and subject to the regulations of the
principal building and shall not exceed the square footage of the main floor of the principal dwelling
in size.
b) One detached private garage is permitted in any side yard or rear yard provided there is sufficient
available space to comply with all other requirements in this Section.
c) Accessory buildings located in a required rear yard shall not occupy more than 50% of the area of the
rear yard and shall not interfere with access to a rear lane.
d) 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 within a
waste disposal container for collection.
e) Temporary garages may be permitted to be located in locations and for a length of time as
determined by the Development Officer.
- 55 -
7.5
FENCE AND HEDGE HEIGHTS
Subject to traffic sight lines, the following height limitations shall apply to fences, walls, chain-link fences and
hedges:
a) No hedge, fence or other structure shall be erected past any property line.
b) In a required front yard, to a height no greater than 1.0 metre (3 ft.) above grade level.
c) In a required rear yard, to a height no greater than 2.0 metres (6 ft.) above grade level.
d) Except for permitted accessory buildings, no fence or other structure shall be erected to a height of
more than 2.0 metres (6 ft.).
e) In the case of a corner lot, no wall, fence, hedge or shrub shall exceed 0.75 metre (2.5 ft.) in height in
an intersection sight triangle.
7.6
SIGNAGE
a) One permanent sign is permitted per site. The facial area of a sign shall not exceed 0.5 m² (5 ft2).
a) In the case of a home occupation, an additional permanent sign (0.4 m²) is permitted in a window of a
dwelling;
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 (11 ft2) advertising the sale or lease of the property or other
information relating to a temporary condition affecting the property are permitted.
7.7
PARKING
Off-street parking requirements shall be provided in accordance with the following:
Single detached, RTM
and modular homes
2 spaces per unit
Semi-detached, duplex
and multi-unit dwellings
2 spaces per unit
Public works
No requirements
Playgrounds and
swimming pools
No requirements
Day care centres and
pre-schools
1 space plus 1 additional space for every 10 persons enrolled in the
facility.
Adult day care centres
1 space plus 1 space per 5 persons enrolled in the facility.
7.8
OUTSIDE STORAGE
a) No outdoor storage shall be permitted in the required front yard of any residential site.
b) Council may apply special standards as a condition or for a discretionary use approval regarding the
location of areas used for storage for that use.
- 56 -
c) 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.
d) Council 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 residential property, vehicles or vehicular parts.
e) Provision shall be made for the owner of the property to temporarily display a maximum of either
one (1) vehicle or recreational vehicle in operating condition that is for sale at any given point in time.
7.9
STANDARDS FOR DISCRETIONARY USES
a) All discretionary uses shall maintain the residential character of the area as much as possible.
b) Off-street parking spaces for child day cares, adult day cares, pre-school nurseries, residential care
facilities shall be located in a side or rear yard and be screened if they are adjacent to a site used for
residential purposes.
- 57 -
8
RESIDENTIAL MULTIPLE DWELLING DISTRICT - R2
The purpose of the Residential Multiple Dwelling District 2 (R2) is to accommodate a
variety of high density residential development including single detached residences, semi-detached
residences, townhouses and multi-unit dwellings.
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:
8.1
PERMITTED USES
a) One single detached dwelling, including a ready-to-move (RTM) dwelling (refer to Section 4.5);
b) Modular homes (refer to Section 5.4);
c) Semi-detached, duplex dwelling, four plex, or townhouses and other multiple unit dwellings (refer to
Section 4.5);
d) Uses, buildings and structures accessory to the foregoing permitted uses and located on the same site
with the main use;
e) Home occupations, home based businesses;
f)
One garden suite (on single residential sites);
g) Special care homes;
h) Playgrounds and swimming pools;
i)
Public works, buildings and structures excluding offices, warehouses, storage yards and waste
management or sewage facilities.
8.2
DISCRETIONARY USES
The following uses may be permitted in the R2 - Residential Multiple Dwelling District though only by resolution
of Council and only in locations specified in such resolution of Council.
a) One secondary suite in a single detached dwelling (refer to Section 5.2);
b) Apartment buildings;
c) Rooming houses (Short term stay Accommodations)
d) Child day cares (refer to Section 5.6);
e) Adult day cares (refer to Section 5.7);
f)
Bed and breakfast homes (refer to Section 5.5);
g) Residential care homes (refer to Section 5.8);
h) Personal care homes
i)
Places of Worship and Assembly Hall (Bylaw No. 780-18).
8.3 SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements.
Single Detached, RTM and Modular Homes
Minimum site area
445 m² (4,790 ft2)
R2
- 58 -
Minimum floor area
75m² (807 ft2)
Minimum site frontage
12.0 metres (39 ft.)
Maximum height
9.0 metres (30 ft.) for Principal Buildings
Maximum site coverage
40% interior site; 50% corner site
Minimum front yard
7.5 metres (25 ft.); the 10% variance shall not be applied on a corner
site.
Minimum rear yard
7.5 metres (25 ft.) the 10% variance shall not be applied on a corner
site.
Minimum side yard
1.2 metre (4 ft.), the 10% variance shall not be applied on a corner
site.
Semi-Detached Dwellings
Minimum site area
232 m² (2,497 ft2)
Minimum floor area
60 m² (646 ft2)
Minimum site frontage
7.5 metres (25 ft.) per dwelling unit.
Maximum height
9.0 metres (30 ft.)
Maximum site coverage
40%
Minimum front yard
7.5 metres (25 ft.); the 10% variance shall not be applied on a corner
site.
Minimum rear yard
9.0 metres (30 ft.); the 10% variance shall not be applied on a corner
site.
Minimum side yard
1.2 metres (4 ft.), the 10% variance shall not be applied on a corner
site. Where a semi-detached dwelling is located on two lots such that
each dwelling unit is on a separate lot, there is no side yard
requirement along the common wall.
Duplex Dwellings
Minimum site area
315 m² (3,391 ft2)
Minimum floor area
60 m² (646 ft2)
Minimum site frontage
15 metres (49 ft.)
Maximum height
9.0 metres (30 ft.)
- 59 -
Maximum site coverage
40%
Minimum front yard
7.5 metres (25 ft.); the 10% variance shall not be applied on a corner
site.
Minimum rear yard
9.0 metres (30 ft.); the 10% variance shall not be applied on a corner
site.
Minimum side yard
1.2 metres (4 ft.), the 10% variance shall not be applied on a corner
site.
Townhouse, Fourplex and other Multiple Unit Dwellings, Senior Citizen Homes (per dwelling unit)
Minimum site area
500 m² (5,382 ft2) plus 90 m² (969 ft2) for each dwelling unit in excess
of two (2) on the ground floor.
Minimum floor area
35 m² (377 ft2) per unit
Minimum site frontage
20.0 metres (66 ft.)
Maximum height
15.0 metres (49 ft.)
Maximum site coverage
40%
Minimum front yard
7.5 metres (25 ft.); the 10% variance shall not be applied on a corner
site.
Minimum rear yard
9.0 metres (30 ft.); the 10% variance shall not be applied on a corner
site.
Minimum side yard
1.2 metres (4 ft.) or 50% of the average wall height, whichever is
greater.
Apartment Buildings
Minimum site area
930 m² (10,010 ft2)
Minimum floor area
46.5 m² (501 ft2) per dwelling unit
Minimum site frontage
25.0 metres (82 ft.)
Maximum site coverage
50% interior site, 60% corner site
Minimum front yard
7.5 metres (25 ft.); the 10% variance shall not be applied on a corner
site.
Minimum rear yard
9.0 metres (30 ft.); the 10% variance shall not be applied on a corner
site.
Minimum side yard
3.5 metres (11 ft.) or 50% of the average wall height whichever is
greater
- 60 -
Playgrounds and Swimming Pools
Minimum site area
No minimum
Minimum floor area
No minimum
Minimum site frontage
No minimum
Maximum height
No minimum
Maximum site coverage
No maximum
Minimum front yard
No minimum
Minimum rear yard
No minimum
Minimum side yard
3.0 metres (10 ft.)
Other Discretionary Uses:
Child day cares; Adult day cares; Bed and breakfast homes; Residential care homes
Minimum site area
450 m2 (4,844 ft2)
Minimum floor area
75 m² (807 ft2)
Minimum site frontage
12 metres (39 ft.) with a lane, 15 metres (49 ft.) without a lane
Maximum height
9.0 metres (30 ft.) for Principal Buildings
Maximum site coverage
40% interior site; 50% corner site
Minimum front yard
7.5 metres (25 ft.); the 10% variance shall not be applied on a
corner site.
Minimum rear yard
7.5 metres (25 ft); the 10% variance shall not be applied on a
corner site.
Minimum side yard
8.5
METERS (5 FT.)
8.4 Accessory Buildings and Structures
Minimum Yard setbacks
A minimum of 7.5 metres (25 ft.) from the front site line, 1.2 metres
(4 ft.) from the principal building, and 0.6 metres (2 ft.) from the side
site line unless the side site line is abutting a street then the side yard
- 61 -
shall be 1.2 metres (4 ft.). the 10% variance shall not be applied
on a corner site. No accessory building or structure shall be
permitted in any required front yard.
Maximum floor area
and height
An accessory building shall not exceed 93 m² (1,000 ft2) in area.
Wall heights:
a) Principal dwelling is a single storey in height: no wall height
requirement: the overall height of the garage (from grade level to the
top of the roof) shall not exceed the overall height of the dwelling
(from grade level to the top of the roof);
b) principal dwellings other than single storey (split level, two storey,
etc): maximum height from grade level to the top of the wall, not
including the roof: 3.66 m (12 ft.).
Minimum rear yard
All accessory buildings shall be located a minimum of 1.5 metres (5
ft.) from the rear site line however, no doors shall open beyond the
rear site line.
a) Garages, carports, and accessory buildings attached to a principal building by a substantial roof
structure shall be considered as part of the principal building and subject to the regulations of the
principal building and shall not exceed the square footage of the main floor of the principal dwelling
in size.
b) One detached private garage is permitted in any side yard or rear yard, provided there is sufficient
available space to comply with all other requirements in this Section.
c) 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 within a
waste disposal container.
d) Temporary garages may be permitted to be located in locations and for a length of time as
determined by the Development Officer.
8.5 FENCE AND HEDGE HEIGHTS
Subject to traffic sight lines, the following height limitations shall apply to fences, walls, chain-link fences and
hedges
a) No hedge, fence or other structure shall be erected past any property line.
b) In a required front yard, to a height no greater than 1.0 metre (3 ft.) above grade level.
c) In a required rear yard, to a height no greater than 2.0 metres (6 ft.) above grade level.
d) Except permitted accessory buildings, no fence or other structure shall be erected to a height of more
than 2.0 metres.
e) In the case of a corner lot, no wall, fence, hedge or shrub shall exceed 0.75 metre in height in an
intersection sight triangle.
8.6
SIGNAGE
a) One permanent sign is permitted per site. The facial area of a sign shall not exceed 0.5 m² (5 ft2) for
single dwellings.
- 62 -
b) One additional permanent sign for the name of a multi-dwelling building is permitted and shall not
exceed 5.0 m² (54 ft2).
c) In the case of a home occupation, an additional permanent sign (0.4 m²) is permitted in a window of a
dwelling;
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 (11 ft2) advertising the sale or lease of the property or other
information relating to a temporary condition affecting the property are permitted.
8.7
PARKING
Off-street parking requirements shall be provided in accordance with the following:
Single detached, RTM
and modular homes
2 spaces per unit
Semi-detached, duplex
and multi-unit dwellings
2 spaces per unit
Public works
No requirements
Playgrounds and
swimming pools
No requirements
Apartment buildings
1.25 spaces per unit
Town houses, four plex
and other multiple unit
dwellings
1.5 spaces per unit
Child day care centres
and pre-schools
1 space plus 1 additional space for every 10 persons enrolled in the
facility.
Adult day care centres
1 space plus 1 space per 5 persons enrolled in the facility.
8.8
OUTSIDE STORAGE
a) No outdoor storage shall be permitted in the required front yard of any residential site.
b) Council may apply special standards as a condition or for a discretionary use approval regarding the
location of areas used for storage for that use.
c) 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.
d) Council 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 residential property, vehicles or vehicular parts.
e) Provision shall be made for the owner of the property to temporarily display a maximum of either
one (1) vehicle or recreational vehicle in operating condition that is for sale at any given point in time.
- 63 -
8.9
STANDARDS FOR DISCRETIONARY USES
a) Dwelling groups are subject to the following additional standards:
i.
The minimum side yard of 3.5 metres (11.5 ft.) or half the building height shall be
measured from the closest main wall of the principal building closest to the site line.
ii.
All principal buildings forming part of the group shall be located at least 3.5 metres from
any other principal building in the group.
iii.
The site area shall provide at least 370 m2 (1,214 ft2) for each dwelling unit in the group
located at grade level plus 65 m2 (700 ft2) for any dwelling unit located above the main
floor.
iv.
Council may apply special development standards regarding yard requirements to
reduce conflict with neighbouring uses.
b) Off-street parking spaces for adult day cares, child day cares, pre-school nurseries, residential
care facilities shall be located in a side or rear yard and be screened if they are adjacent to a site
used for residential purposes.
9
RESIDENTIAL MANUFACTURED HOME DISTRICT - RMH
The purpose of the Residential Manufactured Home District shall be to accommodate manufactured
home park development in a concentrated manner.
No person shall within any RMH - Residential Manufactured Home District use any land, or erect, alter or use
any building or structure except in accordance with the following provisions:
9.1
PERMITTED USES
a) Manufactured Home Parks;
b) One manufactured home (not older than 15 years) compliant with the CSA Z240 standards, following
the placement thereof on a permanent foundation;
a. one modular dwelling, limited to single detached and semi-detached configurations (refer to
Section 5.4); (Bylaw No. 716-16)
c) Uses, buildings and structures accessory to the foregoing permitted uses and located on the same site
with the main use;
d) Home Occupations, home based businesses;
e) Playgrounds and swimming pools;
f)
Public works, buildings and structures excluding offices, warehouses, storage yards and waste
management or sewage facilities.
9.2
DISCRETIONARY USES
The following uses may be permitted in the RMH - Residential Manufactured Home District though only by
resolution of Council and only in locations specified in such resolution of Council.
a) Campgrounds (refer to Section 5.9);
RMH
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b) Laundromat.
9.3
SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements.
Manufactured Home Parks
Minimum site area
2 hectares (5 acres)
Minimum site frontage
30.0 metres (98 ft.)
Maximum site coverage
40% including 10% of the area shall be designated communal open
space
Internal roadways
All roadways shall have a 15.0 metre right-of-way, be hard-surfaced,
and self-draining.
Minimum front yard
7.5 metres (25 ft.)
Minimum rear yard
7.5 metres
Minimum side yard
7.5 metres
Manufactured Home Sites, Modular dwelling, limited to single detached and semi-detached
configurations (Bylaw No. 716-16)
Minimum site area
465 m² (5,005 ft2)
Minimum floor area
50 m² (538 ft2)
Minimum site frontage
15.0 metres (49 ft.)
Maximum site coverage
40%
Minimum front yard
4.5 metres (15 ft.)
Minimum rear yard
3.0 metres (10 ft.)
Minimum side yard
1.0 metre (3 ft.), unless on a corner site the side yard shall be 3.0
metres (10 ft.)
Laundromats
Minimum site area
235 m2 (2530 ft2)
Minimum floor area
No minimum
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Minimum site frontage
12 metres (39 ft.) with a lane, 15 metres (49 ft.) without a lane.
Maximum site coverage
50%
Minimum front yard
7.5 metres (25 ft.)
Minimum rear yard
4.5 meters (15 ft.)
Minimum side yard
3.0 metres (10 ft.)
9.4
DEVELOPMENT STANDARDS FOR MANUFACTURED HOMES
a) All manufactured homes must meet the standards set out in CSA Z240 Procedure for Certification of
Factory Built Houses, and amendments thereto. All manufactured homes must bear a label of a
credible certification agency indicating that compliance with the National Building Codes has been
certified using the CSA Z240 procedure.
b) 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
Rosetown.
c) 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.
d) 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 skirting must be installed in such a manner as
to compensate for vertical movements and to prevent the entrance of rodents and other small
animals.
e) All manufactured homes shall be connected to water and sewer services provided by the Municipality
and connected as available to other public utilities.
9.5
ACCESSORY USES, BUILDINGS AND STRUCTURES
Minimum Yard setbacks
A minimum of 7.5. metres (25 ft.) from the front site line, 1.2 metres
(4 ft.) from the principal building, and 0.6 metres (2 ft.) from the side
site line unless the side site line is abutting a street then the side yard
shall be 2.5 metres (8 ft.).
No accessory building or structure shall be permitted in any required
front yard.
Maximum floor area
and height
An accessory building shall not exceed 93 m² (1,000 ft2) in area.
Wall heights:
a) Principal dwelling is a single storey in height: no wall height
requirement: the overall height of the garage (from grade level to the
top of the roof) shall not exceed the overall height of the dwelling
(from grade level to the top of the roof);
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b) principal dwellings other than single storey (split level, two storey,
etc): maximum height from grade level to the top of the wall, not
including the roof: 3.66 m (12 ft.).
Minimum rear yard
All accessory buildings shall be located a minimum of 1.5 metres (5
ft.) from the rear site line however, no doors shall open beyond the
rear site line.
a) Private garages and accessory buildings if less than 10 m² (108 ft2), shall have a minimum side or rear
yard of 0.75 metres (2 ft.) and a maximum projection of 0.5 metres (2 ft.) into the required yard for
any eaves, gutters, or drain spouts.
b) Uncovered outdoor swimming pools and other yard recreation equipment shall have a minimum side
or rear yard of 0.75 m. In rear yards, laundry drying equipment and garbage stands are permitted.
c) Garages, carports, and accessory buildings attached to a principal building by a substantial roof
structure shall be considered as part of the principal building and subject to the regulations of the
principal building and shall not exceed the square footage of the main floor of the principal dwelling
in size.
d)
Temporary garages may be permitted to be located in locations and for a length of time as
determined by the Development Officer.
9.6
FENCE AND HEDGE HEIGHTS
Subject to traffic sight lines, the following height limitations shall apply to fences, walls, chain-link fence and hedges
a) No hedge, fence or other structure shall be erected past any property line.
b) In a required front yard, to a height no greater than 1.0 metre (3 ft.) above grade level.
c) In a required rear yard, to a height no greater than 2.0 metres (6 ft.) above grade level.
d) Except permitted accessory buildings, no fence or other structure shall be erected to a height of more
than 2.0 metres.
e) In the case of a corner lot, no wall, fence, hedge or shrub shall exceed 0.75 metre in height in an
intersection sight triangle.
9.7
SIGNAGE
a) One permanent sign is permitted per site. The facial area of a sign shall not exceed 0.5 m² (5 ft2);
b) In the case of a home occupation, an additional permanent sign is permitted in a window of a
dwelling, not to exceed 0.4 m² (4 ft2) in size;
c) No sign shall be located in any manner that may obstruct or jeopardize the safety of the public;
d) Temporary signs not exceeding 1.0 m² (11 ft2) advertising the sale or lease of the property or other
information relating to a temporary condition affecting the property are permitted.
9.8
PARKING
Off-street parking requirements shall be provided in accordance with the following:
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Manufactured homes
2 spaces per unit
Public works
No requirements
Playgrounds and
swimming pools
No requirements
Laundromats
1 space per 28 m2 (301 ft2) of gross floor area
9.9
OUTSIDE STORAGE
a) No outdoor storage shall be permitted in the required front yard of any residential site.
b) Council may apply special standards as a condition or for a discretionary use approval regarding the
location of areas used for storage for that use.
c) 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.
d) Council 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 residential property, vehicles or vehicular parts.
e) Provision shall be made for the owner of the property to temporarily display a maximum of either
one (1) vehicle or recreational vehicle in operating condition that is for sale at any given point in time.
9.10
STANDARDS FOR DISCRETIONARY USES
a) Laundromats shall be located on corner sites only.
10 RESIDENTIAL ACREAGE DISTRICT-RA
The purpose of the Residential Acreage District (RA) is to accommodate clustered acreage residential
development and subdivision proposals on a multi-site basis within the Town.
No person shall within any RA Residential Acreage District, use any land or erect, alter, or use any building or
structure except in accordance with the following provisions.
10.1
PERMITTED USES
a) One single detached dwelling, including ready-to-move (RTM) dwellings (refer to Section 4.26);
b) Uses, buildings and structures accessory to the foregoing permitted uses and located on the same site
with the main use.
c) Home occupations (Home Based Businesses).
d) Public works, buildings, and structures, warehouses and storage yards.
10.2
DISCRETIONARY USES
The following uses may be permitted in the RA Residential Acreage District only by resolution of Council and
only in locations specified by Council.
RA
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a) Child day cares (refer to Section 5.6);
b) Adult day cares (refer to Section 5.7);
c) Residential care homes (refer to Section 5.8);
d) Equestrian facilities (refer to Section 5.11);
e) Garden suite (refer to Section 5.3);
f)
Bed and breakfast homes (refer to 5.5);
g) Animal kennels;
h) Wind energy facilities (refer to Section 5.13);
i)
Public Works waste management or sewage facilities.
10.3
SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements.
Permitted and Discretionary Uses
Minimum site area
a minimum of 1.0 hectare (2.5 acres) or 465m² (minimum for a mound
II septic system).
Minimum site frontage
25.0 metres (82 ft.)
Minimum front yard
All buildings shall be set back a minimum of 60 metres (197 ft.) from
the centre line of any municipal road allowance or Provincial highway
and/or a minimum of 90 metres from the intersection of the centre
lines of any municipal roads or Provincial highway.
Minimum rear yard
15.0 metres (49 ft.) or 25% of the depth of the site, whichever is the
lesser
Minimum side yard
15.0 metres except where a side yard abuts a municipal road
allowance or a provincial highway, the front yard requirements shall
apply.
Minimum side yard
15.0 metres except where a side yard abuts a municipal road
allowance or a provincial highway, the front yard requirements shall
apply.
Minimum setback for
trees, shelterbelts and
fences
55.0 metres (180 ft.) from the centre line of a Provincial Highway;
5.0 metres (16 ft.) from Highway frontage road property line;
46.0 metres (151 ft.) from the center line of a municipal road;
8.0 metres (26 ft.) from the property line of an internal subdivision
road.
Residential parcels may be exempted from these requirements:
a) In the case of a parcel physically severed as a result of road right-of-way or railway plans, drainage
ditch, pipeline or transmission line, development, or natural features such as watercourses, water
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bodies there shall be no maximum site area. Existing residential parcels may be enlarged to include
adjoining land physically severed as a result of the above noted barriers;
b) In the case of a parcel that existed prior to the adoption of this Bylaw there shall be no minimum or
maximum site area.
10.4
ACCESSORY BUILDINGS
a) No accessory building shall be located within 3.0 metres (10 ft.) 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 metres (25 ft.).
b) The Building Floor Area for large accessory buildings on residential acreage sites may not exceed 185
m² (1,991 ft2).
10.5
SUPPLEMENTARY REGULATIONS
a) Where a residential development is proposed at a location at which a 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 and meets The Public Health Act and Regulations requirements.
b) Domestic waste disposal systems located on the site and serving only the principal use will be a
permitted use to that principal use.
c)
No outside storage shall be permitted in a yard abutting a road. Outside storage located in a side or
rear yard shall be screened by landscaping or vegetation so as not to be visible from the road.
d)
Council will consider the applications for permitted and discretionary use with respect to the
following criteria:
i.
The infrastructure 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 Rosetown Official
Community Plan and the Rosetown Hub and Spoke District Plan.
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 Rosetown Official Community Plan and the Rosetown
Hub and Spoke District Plan and that the proposal is not premature.
e) 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 and meets
The Public Health Act and Regulations requirements. Domestic waste disposal systems located on the
site and serving only the principal use will be a permitted use to that principal use.
10.6
SIGNAGE
a) One permanent sign is permitted per site. The facial area of a sign shall not exceed 1.0 m² (11 ft2).
b) In the case of a home occupation, an additional permanent sign is permitted on a door or wall surface
or in a window.
c) No sign shall be located in any manner that may obstruct or jeopardize the safety of the public.
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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.
10.7
STANDARDS FOR DISCRETIONARY USES
a) All discretionary uses shall maintain the residential character of the area as much as possible.
b) Off-street parking spaces for adult day cares, child day cares, pre-school nurseries, residential care
facilities shall be located in a side or rear yard and be screened if they are adjacent to a site used for
residential purposes.
c) Animal Kennel:
i.
The operation of an animal kennel shall be subordinate and incidental to the principal
use of the site as an owner occupied agricultural or country residence.
ii.
The maximum number of animals that the animal kennel may keep shall be determined
at the discretion of Council.
iii.
An animal is kept, for purposes of this section, when it is on the site overnight;
iv.
No building, structure, or exterior exercise areas, to be used to accommodate the
animals shall be allowed within 300 m (1,000 ft.) of any residential dwelling unit located
on adjacent sites;
v.
All facilities, including buildings, structures, and exterior exercise areas, shall be sited
behind the principal building unless otherwise approved by Council.
vi.
Council may require all buildings, structures, and exercise areas to be soundproofed to
their satisfaction.
vii.
All facilities shall be visually screened from existing residential dwelling units on
adjacent sites through the use of appropriate landscaping and fencing.
viii.
No animals shall be allowed outdoors between the hours of 9:00 pm to 7:00 am daily.
During this time period, all animals shall be kept indoors. The Council, at its discretion,
may prescribe a more restrictive time period where deemed necessary to achieve the
objectives of this Bylaw.
ix.
On-site signage shall be erected in accordance with the signage requirements provided
in this Zoning District in which the use is established.
x.
All permits issued for an animal kennel shall be subject to the condition that the
development permit may be revoked at the time, if in the opinion of council; the
operation has no met the regulations and standards applicable to animal kennels
contained in this Bylaw, or the special standards applied by Council at the time of
approval.
10.8
MINIMUM DITCH FRONTAGE
a) In order to ensure the proper functioning of overland drainage systems in the Town, one approach to a
site is permitted. The design and location of all approaches must be to the satisfaction of the Town
Administration.
b) A second approach to a site may be permitted at the discretion of Council when it can be proven that the
Town's overland drainage system will not be negatively impacted:
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i.
The additional access shall be no wider than 6.0 metres (20 ft.) with the size of the
culvert being determined based on the drainage pattern of the existing ditch.
ii.
The property owner shall be responsible for all costs associated with the installation
and future maintenance and up keep of the additional approach and immediate area;
and
iii.
At no time shall the additional access-approach be used as a storage area.
10.9
TEMPORARY USES
a) Notwithstanding the provisions of this bylaw, the Rosetown Official Community Plan and the District
Plan, a manufactured home may be permitted for a period of up to one (1) year on an existing non-
farm or farmstead residential site while the principal dwelling is under construction provided that
the following criteria is met:
i.
Adherence to any permit or building bylaw or licensing requirement in effect in the
Municipality:
i.
Issuance of a Development Permit to the landowner, where the said manufactured
home is located, to be issued on an annual basis.
ii.
The entering into of a development agreement between all affected parties, where
considered necessary, to assure applicable development standards are adhered to.
iii.
Compliance with any requirement of Saskatchewan Health or government agencies
respecting water and waste connections, and disposal concerns.
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11 MIXED USE DISTRICT - MU
No person shall within any MU-Mixed Use District, use any land, or erect, alter or use any
building or structure except in accordance with the following provisions.
11.1
PERMITTED USES
a) One single-detached dwelling or Modular home (refer to Section 4.26);
b) Live/Work dwelling units or multiple unit dwellings in conjunction with and attached to any other
permitted use attached to and behind, or above, commercial establishments;
c) Uses, buildings and structures accessory to and located on the same site as the principal building or
permitted use;
d) Accessory buildings;
e) Artisan studios, craft and workshops;
f)
Personal services establishments;
g) Home based businesses and occupations;
h) Outdoor markets and concessions (permanent, seasonal, or occasional);
i)
Restaurants, tea houses, coffee shops, sidewalk cafés;
j)
Storefront retail stores and outlets;
k) Restaurants, tea rooms, night clubs, and taverns;
l)
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;
m) Welding, metal works, cabinet making or furniture making;
n) Activities utilizing large power tools and machinery, or activities involved in the mass production of
similar items or products;
o) Public works buildings and structures excluding offices, warehouses, storage yards, and waste
management or sewage facilities.
11.2
DISCRETIONARY USES
The following uses may be permitted in the MU - Mixed Use District only by resolution of Council and only in
locations specified by 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) Veterinary services and the boarding of animals;
c) Painting, repairing, or selling of motor vehicles or machinery;
d) Child day cares (refer to Section 5.6);
e) Adult day cares (refer to Section 5.7);
f)
Campgrounds and Recreational Vehicle (RV) Parks (refer to Section 5.9).
11.3
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.
MU
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11.4
SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirement.
Permitted and Discretionary Uses
Minimum site area
223 m² (2,400 ft2) with a lane or 604 m² (6,501 ft2) without a lane.
Minimum floor area
75 m² (807 ft2)
Minimum site frontage
15.0 metres (49 ft.) with a lane or 20.0 metres (66 ft.) without a lane.
Height
9.0 metres (30 ft.) for the principal building and 5.0 metres (16 ft.) for
accessory buildings.
Maximum site coverage
40%
Minimum front yard
8.0 metres (26 ft.)
Minimum rear yard
7.5 metres (25 ft.)
Minimum side yard
1.2 metres (4 ft.) unless on a corner site than the side yard shall be 6.0
metres (20 ft.)
Minimum parking
spaces
2 spaces
11.5
SUPPLEMENTARY REGULATIONS
11.5.1 Dwelling Units:
a) Dwelling units shall have a floor area smaller than or equal to the floor area in commercial use.
b) Minimum floor area for each dwelling unit shall be 45 m² (484 ft2).
c) All dwelling units shall have an entrance separate from that of the commercial establishment.
d) Dwelling units shall be located above or at the rear and attached to the principal commercial use.
e) Accessory residential uses shall conform to the Provincial Public Health and Fire Regulations.
11.5.2 Live/Work Units:
The following development standards shall apply to all Live/Work Units:
a) Work associated with a live/work 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;
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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.
11.6
ACCESSORY BUILDINGS
a) All accessory buildings shall be set back a minimum of 7.0 metres (23 ft.) from the front site line, 1.2
metres (4 ft.) from the principal building, and 0.8 metres (3 ft.) from the side site line unless the side
site line is an abutting street then the side yard shall be 3.6 metres (12 ft.).
b) All accessory buildings shall not exceed 83.6 m² (900 ft²) in area.
c) All accessory buildings shall be located a minimum of 0.8 metres (3 ft.) 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 1.5 metres (5 ft.) from the site line abutting the lane.
d) 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 within a
waste disposal bin for collection.
11.7
SIGNAGE
a) One permanent sign is permitted per site;
b) In the case of a home occupation, 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
metres in from any lot line;
c) The facial area of a sign shall not exceed 0.5 m² (5 ft2);
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 (11 ft2) 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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12 COMMUNITY SERVICE DISTRICT - CS
The purpose of the Community Service District is to provide areas for a wide range of
community service related activities including social, recreational, institutional, parks and
public service.
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.
12.1
PERMITTED USES
b) 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;
c) Elementary, high schools and other educational facilities;
d) Lodges, social clubs, service clubs;
e) Municipal offices, libraries, historic and cultural institutions, community halls;
f)
Places of worship and assembly halls;
g) Child day cares;
h) Adult day cares;
i)
Health facilities and Special Care Homes;
j)
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;
k) Campgrounds including Recreational Vehicle Park;
l)
Golf courses, auto race tracks, horse race tracks, or other very large or very intensive use facilities;
m) Natural and nature-like open areas;
n) Community Gardens;
o) Pedestrian trails and bicycle pathways;
p) Skateboard parks or bmx bike-terrain;
q) Seasonal outdoor activities;
r)
Scenic lookout and interpretation facilities, rest stops, and other public trail facilities;
s)
Public works buildings and structures excluding storage yards, warehouses, drainage ditches,
culverts, and other drainage works, and shall include water reservoirs, waste management sites, and
sewage treatment facilities.
12.2
DISCRETIONARY USES
The following uses may be permitted in the Community Service District though only by resolution of Council and
only in locations specified in such resolution of Council.
a) Wind energy facilities (refer to Section 5.13).
b) Shipping Containers (Bylaw No. 739-16)
12.3
SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements.
CS
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Permitted Uses (other than educational facilities, rinks and swimming pools)
Minimum site area
465 m² (5,005 ft2)
Minimum floor area
90 m² (969 ft2)
Minimum site
frontage
15 metres (49 ft.)
Minimum front yard
7.5 metres (25 ft.)
Minimum rear yard
6.0 metres (20 ft.) except where the rear site line abuts a Residential
District without an intervening street or lane, at least 7.5 metres shall
be provided.
Minimum side yard
50% of the height of the building, whichever is greater, unless on a
corner site the side yard shall be 2.5 metres.
Elementary and Secondary Schools
Minimum site area
No minimum requirement
Minimum site frontage
60.0 metres (197 ft.)
Maximum site coverage
75%
Minimum front yard
15 .0 metres (49 ft.)
Minimum rear yard
7.5 metres (25 ft.)
Minimum side yard
7.5 metres
Skating, Curling Rinks and Swimming Pools
Minimum site area
1200 m² (12,916 ft2)
Minimum site frontage
20.0 metres (66 ft.)
Minimum front yard
7.5 metres (25 ft.)
Minimum rear yard
7.5 metres
Minimum side yard
1.5 metres (5 ft.) except on a corner site abutting a street then
3.6 metres (12 ft.) shall be provided.
Accessory Buildings
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Minimum front
yard
7.5 metres (25 ft.)
Principal building
All accessory buildings shall be set back 1.2 metres (4 ft.) from the
principal building.
Minimum side yard
0.8 metres (3 ft.) unless on a corner site the side yard shall be 3.6
metres (12 ft.)
Minimum rear yard
All accessory buildings with a door or doors opening onto a lane
shall not be located less than 2.0 metres (7 ft.) from the site line
abutting the lane.
12.4
SIGNAGE
a) One permanent sign is permitted per site. The facial area of a sign shall not exceed 4.0 m² (43 ft2).
b) 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 (11 ft2) in size.
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.
12.5
FENCE AND HEDGE HEIGHTS
Subject to traffic sight lines, the following height limitations shall apply to fences, walls, chain-link fence and
hedges:
a) No hedge, fence or other structure shall be erected past any property line.
b) In a required front yard, to a height no greater than 1.0 metre (3 ft.) above grade level.
c) In a required rear yard, to a height no greater than 2.0 metres (6 ft.) above grade level.
d) Except permitted accessory buildings, no fence or other structure shall be erected to a height of more
than 2.0 metres.
12.6
LANDSCAPING
a) A landscaped strip of not less than 3.0 metres (10 ft.) 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 lane, there shall be a strip of land
adjacent to the abutting site line of not less than 1.5 metres (5 ft.) in width throughout which shall
not be used for any purpose except landscaping.
12.7
PARKING
Off-street parking requirements shall be provided in accordance with the following:
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Elementary school
1 parking space for each staff member.
High school
1 parking space for each staff member, plus 5
parking spaces for each classroom.
Churches and Places of Assembly
3 parking space for every (ten) 10 patrons or
seats.
Special care homes
1 parking space for each bed.
Institutional buildings, private clubs and lodges
1 parking space for each 50 m² of floor area.
Recreational buildings, sports facilities and fields
1 parking space for every ten (10) patrons or
seats.
12.8
STANDARDS FOR DISCRETIONARY USES OR FORMS OF DEVELOPMENT
In addition to other applicable regulations or standards contained in this bylaw the following standards apply to
those uses or forms of development designated as discretionary in the CS-Community Service District.
a) Places of worship and places of assembly shall, where possible, be located on corner sites or in such a
manner as not to adversely affect adjacent development. They are not to be located on interior lots unless
at least one of the adjoining developments is other than residential.
b) Height regulations or limitation do not apply to the following: spires, belfries, cupolas, or other
appurtenances usually required to be placed above the roof level, and not intended for human occupancy.
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13 TOWN CENTRE COMMERCIAL DISTRICT -C1
The purpose of the Town Centre Commercial District (C1) is to continue to encourage a
"downtown" experience by providing pedestrian oriented commercial activities and services.
No person shall within any C1-Town Centre Commercial District, use any land, or erect, alter or use any building
or structure except in accordance with the following provisions.
13.1
PERMITTED USES
a) Credit unions, banks, 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, cafes, coffee shops, and other similar fast food services;
f)
Licensed premises for the sale and consumption of alcoholic beverages;
g) Confectionaries and delicatessens;
h) Storefront retail stores and outlets;
i)
Storefront bakeries, butcher shops, and similar food processing with on-site retail sales;
j)
Theatres, assembly halls, places of worship, service clubs;
k) Commercial and public recreational establishments such as bowling alleys, arcades and fitness
centres;
l)
Libraries, galleries, museums, and other similar cultural institutions;
m) Public Transportation depots;
n) Outdoor markets and concessions (permanent, seasonal, or occasional);
o) Hotels, motels
p) Small-scale repair trades, art and hand craft shops and studios, , including retail sales of art and craft
products;
q) Storefront Construction trades without yards;
r)
Buildings, structures or uses accessory to and located on the same site as the principal building or
permitted use.
s)
Public works buildings, offices and structures excluding warehouses, storage yards, and waste
management or sewage facilities.
13.2
DISCRETIONARY USES
The following uses may be permitted in the C1-Town Centre Commercial District though only by resolution of
Council and only in locations specified by such resolution of Council.
a) Dwellings attached to and behind, or above, commercial establishments;
b) Lumber and building supply establishments;
c) Strip Malls;
C1
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d) Mid-Size Box Stores (up to 836 m²) (9,000 sq. ft.);
e) Community parking lots;
f)
Animal hospitals, or clinics and offices of veterinary surgeons;
g) Shops of plumbers, pipe fitters, metal workers and other industrial trades manufacturing and sales.
h) Newspaper offices and printing plants and services;
i)
Funeral homes;
j)
Other innovative commercial uses consistent with street level retail and services.
k) Animal Services
l)
Shipping Containers (Bylaw No. 739-16)
m) Service Station (Bylaw No. 749-17)
n) One single detached dwelling, including a ready-to-move (RTM) dwelling (refer to Section
4.26).(Bylaw No. 768-18)
13.3
SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum requirements.
Commercial Uses
Minimum site area
232 m² (2,497 ft2)
Minimum site frontage
6.0 metres (20 ft.)
Maximum height
15.0 metres (49 ft.)
Maximum site coverage
75%
Minimum front yard
No requirement
Minimum rear & side
yard
No requirement except when the side site line directly abuts any
Residential or Community Service District or abuts a public street, then the
minimum side yard shall be 2.5 metres (8 ft.). When the rear site line abuts
a railway right-of-way no rear yard need be provided. Doors located in side
yards shall not be used for delivery purposes.
Other Discretionary Uses:
Lumber and building supply establishments; Strip malls; Mid-size box stores; Community parking lots; Animal
hospitals, or clinics and offices of veterinary surgeons; Shops of plumbers, pipe fitters, metal workers, and other
industrial trades manufacturing and sales; Newspaper offices and printing plants and services; Funeral homes;
Other innovative commercial uses consistent with street level retail services, Animal Services
Minimum site area
232 m² (2,497 ft2)
Minimum site frontage
6.0 metres (20 ft.)
Maximum height
15.0 metres (49 ft.)
Maximum site coverage
75%
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Minimum front yard
No requirement
Minimum rear & side
yard
No requirement except when the side site line directly abuts any
Residential or Community Service District or abuts a public street, then the
minimum side yard shall be 2.5 metres (8 ft.). When the rear site line abuts
a railway right-of-way no rear yard need be provided. Doors located in side
yards shall not be used for delivery purposes.
Other Discretionary Uses: (Bylaw No. 749-17)
Service Stations
Minimum site area
930 m² (10,010 ft2)
Minimum site frontage
30.0 metres (98 ft.)
Minimum side yard
3.0 metres (10 ft.)
Minimum rear
6.0 metres (20 ft.)
13.4
ACCESSORY BUILDINGS
Setbacks for accessory buildings shall meet the same requirements as the principal use or building.
13.5
SIGNAGE
Signs and billboards shall be prohibited in the C1 - Town Centre 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 20 % of the square frontage of the building upon which the
sign(s) are attached.
c) All signs shall provide a minimum clearance of 3.0 metres (10 ft.) between the bottom of the sign and
a street or sidewalk.
d) Any number of signs which may be either fascia, marquee, roof or a combination thereof, which the
sum of all facial area does not exceed the total allowable facial area permitted
e) Temporary signs not exceeding 1.0 m² (11 ft2) advertising the sale or lease of the property, or other
information relating to a temporary condition affecting the property, are permitted.
f)
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.
13.6
PARKING
Off-street parking requirements shall be provided in accordance with the following:
Retail uses
No requirement
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Mid-Size Box Retail and Businesses
greater than 836 m².
1 parking space for each 23 m² (248 ft2) of floor area.
Lumber and building supply
establishments
1 space per every 50 m2 (538 ft2) of gross floor or 1 space
per 3 employees, whichever is greater.
Restaurants
1 parking space for every four(4) patrons or seats.
Institutional buildings
1 parking space for each 46.5 m² (501 ft2) of floor area.
Places of assembly
1 parking space for every four (4) patrons or seats.
Hotels
1 parking space for each accommodation unit and 5 parking
spaces for semi-trucks / trailers.
Strip Malls
1 parking space for each 50 m² (538 ft2) of gross floor area.
13.7
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 metres (5 ft.) in width throughout which shall not be used for any purpose
except landscaping.
13.8
STANDARDS FOR DISCRETIONARY USES
13.8.1 Dwelling Units:
f)
Dwelling Units are permitted as long as the principal use is undergoing;
g) Dwelling units shall have a floor area smaller than or equal to the floor area in commercial use;
h) Minimum floor area for each dwelling unit shall be 46 m² (495 ft2);
i)
All dwelling units shall have an entrance separate from that of the commercial establishment,
and shall have a secondary fire exit to the required entrance;
j)
Dwelling units shall be located above or at the rear and attached to the principal commercial use;
and
k) Accessory residential uses shall conform to the Provincial Public Health and Fire Regulations.
13.8.2 Strip Malls
Strip Malls, when permitted, must be primarily for pedestrian use and accessible to the public from both
the street and from the development.
a) The Town will consider the appropriate separation to other uses that may be incompatible with
Strip Mall retail and service activities.
b) The Town will consider the potential uses and street access to the site when making a
discretionary use decision on a proposed strip mall. Ingress and egress points shall be designed
to minimize conflict with adjacent land uses and not pose a safety hazard.
c) Other criteria may include the street façade, main street entrance, windows along the street and
the relaxation of on-site parking requirements.
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d) Landscaping shall be provided. If abutting a Residential District, a suitable buffer composed of
tree planting or a hedge shall be provided.
13.8.3 Lumber Yards and Wholesale Trades
a) Development of these uses on other than the existing sites will be encouraged to locate on
vacant land with adequate space;
b) No outside storage is permitted for a wholesale establishment.
13.8.4 Other Requirements:
c) Sites used for discretionary uses which may result in heavy truck traffic shall be located to ensure
that such traffic takes an access to or from major streets or designated truck routes.
d)
All operations related to construction trades, artisans, and craft shop offices 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.
14 HIGHWAY COMMERCIAL DISTRICT-C2
The purpose of the Highway Commercial District (C2) is to promote a wide range of commercial and
related activities located along the Provincial Highways requiring high visibility.
No person shall within a C2 - Highway Commercial District use any land, or erect, alter or use any building or
structure except in accordance with the following provisions.
14.1
PERMITTED USES
a) Business and/or professional offices;
a) Motels or motor hotels, including a dwelling for caretakers, owners, or managers;
b) Hotels;
c) Rooming houses (Short-term stay Accommodation)
d) Restaurants, confectionaries, including drive-thru;
e) REMOVED (Bylaw No. 780-18)
f)
Licensed premises for the sale and consumption of alcoholic beverages;
g) Public transportation depots;
h) Commercial and public recreational establishments such as bowling alleys, arcades and fitness
centres;
i)
Garden centres or commercial greenhouses;
j)
Lumber and building supply establishments;
k) Tourism oriented commercial recreation activities;
l)
Police, Ambulance stations;
m) Accessory Uses, including integrated or complementary uses, buildings or structures accessory to and
located on the same site as the principal building or use including;
C2
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n) Public works offices, buildings, structures and warehouses excluding waste management or sewage
facilities.
14.2
DISCRETIONARY USES
The following uses may be permitted in the C2-Highway Commercial District but only by resolution of Council
and only in locations specified in such resolution of Council.
a) Shopping centre or strip malls;
b) Dwellings attached to and behind, or above, commercial establishments;
c) Multiple-unit dwellings within a permitted or discretionary use;
d) Service stations and other establishments for the servicing, storage and sale of motor vehicles,
trailers, recreation, or farm machinery and equipment;
e) Car wash;
f)
Oilfield supply and services establishments;
g) Animal hospitals, or clinics and offices of veterinary surgeons;
h) Construction trades and contractors' yards;
i)
Shops of plumbers, pipe fitters, metal workers and other industrial trades manufacturing and sales;
j)
Commercial cardlock operations;
k) Motor vehicle, recreational vehicle, and/or manufactured home sales and servicing and/or storage
compound;
l)
Self-service storage facilities ;
m) Semi-trailer and container parking lot;
n) Mobile storage containers (refer to Section 5.10). (Bylaw No. 739-16)
o) Places of Worship and Assembly Hall (Bylaw No. 768-18);
p) One single detached dwelling, including a ready-to-move (RTM) dwelling (refer to Section 4.26)
(Bylaw No. 768-18);
q) Storefront retail stores and outlets (Bylaw No. 780-18);
r)
light manufacturing and processing (Bylaw No. 780-18);
s)
Warehouses, storage yards and supply depots (Bylaw No. 840.20);
t)
Fertilizer sales and storage (Bylaw No. 840-20).
14.3
PROHIBITED USES
a) Aggregate materials; storage or handling operations.
b) Abattoirs.
14.4
SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements.
Permitted Uses (other than Motels and Service Stations)
Minimum site area
465 m² (5,005 ft2). There shall be no minimum site development requirements
for public works buildings.
Minimum site frontage
15.0 metres (49 ft.)
Maximum height
25.0 metres (82 ft.) for Principal buildings
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Minimum front yard
7.5 metres (25 ft.)
Minimum side yard
1.5 metres (5 ft.), unless a corner site the side yard shall be 2.5 metres (8 ft.). The
sum of both side yards shall be a minimum of 5.5. metres (18 ft.).
Minimum rear yard
4.5 metres (15 ft.)
Motels, Hotels and Service Stations
Minimum site area
930 m² (10,010 ft2)
Minimum site frontage
30.0 metres (98 ft.)
Minimum front yard
15 metres (49 ft.)
Minimum side yard
3.0 metres (10 ft.). Doors located in side yards shall not be used for delivery
purposes.
Minimum rear yard
6.0 metres (20 ft.)
Shopping Centres/Strip Malls
Minimum site area
3,700 m² (39,826 ft2)
Minimum site frontage
75 metres (246 ft.)
Maximum height
15.0 metres (49 ft.)
Maximum site coverage
75%
Minimum front yard
7.5 metres (25 ft.)
Minimum side yard
9.0 metres (30 ft.)
Minimum rear yard
3 metres (10 ft.)
Other Discretionary Uses:
Oilfield supply and services
establishments; Construction Trades
and Contractors' yards; Motor
Vehicle, recreational vehicle, and/or
manufactured home sales storage
compound; Semi-trailer and
Container Parking lot
Shops of plumbers, pipe fitters, metal
workers and other industrial trades
manufacturing and sales; Animal
hospitals or clinics and office of
veterinary surgeons
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Minimum site area
930 m² (10,010 ft2). There shall be no
minimum site development
requirements for public works
buildings.
730 m2 (7,858 ft2)
Minimum site frontage
30.0 metres (98 ft.)
20.0 metres (66 ft.)
Minimum front yard
6.0 meters (20 ft.)
6.0 metres (20 ft.)
Minimum side yard
3.0 metres (10 ft.)
3.0 metres (10 ft.)
Minimum rear yard
6.0 metres
6.0 meters
14.5
ACCESSORY BUILDINGS
a) Setbacks for accessory buildings shall meet the same requirements as the principal use or building.
Accessory buildings shall not be permitted in any front yard.
b) Temporary garages or storage containers may be permitted to locate in locations and length of time
as determined by Council.
14.6
FENCE AND HEDGE HEIGHTS
a) Screen fences shall be consistent and complement the quality of building design and materials of the
primary building. Screening shall be provided where a lot used for commercial or industrial purposes
abuts a residential district without an intervening street or land. Such screening shall consist of a solid
fence, hedge, or wall over 1.5 metres (5 ft.) in height in a side or rear yard and over 0.75 metres (2 ft.)
in a front yard.
b) No fence in a commercial or industrial zone shall exceed 2.4 metres (8 ft.).
c) No barbed wire, or razor wire fences shall be allowed in a Commercial District.
14.7
SIGNAGE
Signs and billboards shall be prohibited in the C2 Highway 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 20% of the square frontage of the building upon which the
sign(s) are attached.
c) All signs shall provide a minimum clearance of 3.0 metres (10 ft.) between the bottom of the sign and
a street or sidewalk.
d) Any number of signs which may be fascia, marquee, roof or a combination thereof, which the sum of
all facial area does not exceed the total allowable facial area permitted.
e) Freestanding signs shall not exceed 12.0m² per side. Sites exceeding 30.0 metres (98 ft.) frontage may
erect one additional free-standing sign. The maximum height shall not exceed 11.0 metres (36 ft.).
f)
Temporary signs not exceeding 1.0 m² (11 ft2) 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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g) 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.
14.8
PARKING REQUIREMENTS
Strip malls or retail plazas
1 parking space for each 23.2 m² (250 ft2) of floor area.
Stores and offices
1 parking space for every 46.5 m² (501 ft2) of building floor
area.
Restaurants, other eating places
1 parking space for every four(4) patrons or seats.
Theatres, places of assembly
1 parking space for every four (4) patrons or seats.
Motels, motor hotels or hotels
1 parking space for each accommodation unit and 5 parking
spaces for semi-trucks / trailers.
Service Stations
1.5 parking spaces for each service bay.
All other uses
1 parking space for each 27.5 m² (296 ft2) of building floor
area.
14.9
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 1,300 m²
1 space
1,300 m² to 2,500 m²
2 spaces
>2,500 m²
2 spaces +1 space for each additional 2,500 m² (26,910 ft2) of building floor
area.
14.10 LANDSCAPING
a) A landscaped strip of not less than 3.0 metres (10 ft.) 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.
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c) Where a site abuts any Residential or Community Service District without an intervening lane, there
shall be a strip of land adjacent to the abutting site line of not less than 3.0 metres in width
throughout which shall not be used for any purpose except landscaping.
14.11 OUTSIDE STORAGE
a) No outdoor storage shall be permitted in the required front yard of any commercial site.
b) Council may apply special standards as a condition or for a discretionary use approval regarding the
location of areas used for storage for that use.
c) Council adopts the recommendation of the Building Standards Branch and requires an engineering
analysis and submission of construction plans by a design professional licenses to practice in
Saskatchewan. All building assembly will meet the requirements of the National Building Code.
d) 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.
e) Council 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.
14.12 STANDARDS FOR DISCRETIONARY USES
14.12.1 Service Stations
a) Where service stations occupy a corner site, only one access point shall be located on the
flankage, located a minimum of 6.0 metres (20 ft.) from the intersection.
b) Fuel pumps and other accessory equipment shall be located not less than 6.0 m from any street
or site line.
c) Service Stations shall locate underground storage tanks in accordance with The Fire Protection
Act.
d) Propane and natural gas pumps (retail or wholesale) shall be set back according to Provincial
regulations.
e) Access/egress points shall not be continuous along a street and shall be at least 10.0 metres (33
ft.) apart.
f)
Vehicles and parts storage shall not locate in any yard abutting a road and must be screened
from view by a solid fence with the location, height and materials being first approved by the
Development Officer.
g) All development which abuts a Residential District shall provide a fence of at least 2.0 metres (6
ft.) erected along the site line and be landscaped acceptable to Council.
14.12.2 Shopping Centres/Strip Malls
Strip Malls, when permitted, must be primarily for pedestrian use and accessible to the public from both
the street and from the development.
a) The Town will consider the appropriate separation to other uses that may be incompatible with
Shopping Centre/Strip Mall retail and service activities.
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b) The Town will consider the potential uses and street access to the site when making a
discretionary use decision on a proposed shopping centre / strip mall. Ingress and egress points
shall be designed to minimize conflict with adjacent land uses and not pose a safety hazard.
c) Other criteria may include the street façade, main street entrance, windows along the street and
the relaxation of on-site parking requirements.
d) If abutting a Residential District, a suitable buffer composed of tree planting or a hedge shall be
provided.
14.12.3 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 46 m² (495 ft2);
d) All dwelling units shall have an entrance separate from that of the commercial establishment,
and shall have a secondary fire exit to the required entrance;
e) Dwelling units shall be located above or at the rear and attached to the principal commercial use;
and
f)
Accessory residential uses shall conform to the Provincial Public Health and Fire Regulations.
14.12.4 Short Term Stay Accommodations
a) Shall complement the character of the area as much as possible.
b) Off-street parking areas shall be screened from adjacent Residential areas and shall be located in
a side or rear yard. A minimum of one on-site parking space shall be provided for each room for
rent.
c) No person shall use any land or erect, alter or use any building or structure that secures nine (9)
or more occupants, in five (5) or more guest rooms, for the purpose of Short Term Stay
accommodation.
14.12.5 Other Requirements:
a) Sites used for discretionary uses which may result in heavy truck traffic shall be located to ensure
that such traffic takes access to or from major streets or designated truck routes.
14.12.6 Multiple-Unit Dwellings
a) No more than 50% of the available space within the commercial use may be renovated into
dwelling units, including space for sleeping, cooking and toilet facilities;
b) Dwelling units are co-situated on a parcel as a second, complimentary, and additional land use to
an approved commercial use;
c) Dwelling units are not positioned below the commercial use;
d) Owners or employees of the commercial entity may occupy the dwelling(s) providing the
commercial entity is in operation;
e) The project to develop such units has been sufficiently reviewed and approved by council through
a Comprehensive Development Report.
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15 HIGHWAY EXPANSION DISTRICT-HE
The purpose of the Highway Expansion District (HE) is to encourage a range of temporary commercial
uses along Provincial Highways No.7 in order to preserve the adjacent lands for possible future
expansion/twinning of the Highway.
No person shall within a HE - Highway Expansion District use any land, or erect, alter or use any building or
structure except in accordance with the following provisions.
15.1
PERMITTED USES
a) Public works offices, buildings, structures and warehouses excluding waste management or sewage
facilities.
15.2
DISCRETIONARY USES
The following uses may be permitted in the HE-Highway Expansion District but only by resolution of Council and
only in locations specified in such resolution of Council.
a) Accessory Uses, including integrated or complementary uses, buildings or structures accessory to and
located on the same site as the principal building or use;
b) Service stations and other establishments for the servicing, storage and sale of motor vehicles,
trailers, recreational equipment (refer to Section 5.14);
c) Agricultural implement dealerships;
d) Lumber and building supply establishments;
e) Construction trades and contractors' yards;
f)
Restaurants, confectionaries, including drive-thru;
g) Licensed premises for the sale and consumption of alcoholic beverages;
h) Garden centres or commercial greenhouses;
i)
Outdoor markets and concessions (permanent, seasonal, or occasional);
j)
Tourism oriented commercial recreation activities;
k) Shops of plumbers, pipe fitters, metal workers and other industrial trades manufacturing and sales;
l)
Campgrounds including Recreational Vehicle Park (refer to Section 5.9);
m) Commercial cardlock operations;
n) Trucking operations;
o) Semi-trailer and container parking lot;
p) Self-service storage facilities;
q) Mobile storage containers (refer to Section 5.10);
15.3
SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum requirements.
HE
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Discretionary Uses
Minimum site area
465 m² (5,005 ft2). There shall be no minimum site development requirements for
public works buildings.
Minimum site frontage
15.0 metres (49 ft.)
Minimum front yard
7.5 metres (25 ft.)
Minimum side yard
1.5 metres (5 ft.), unless on a corner site the side yard shall be 2.5 metres (8 ft.).
The sum of both side yards shall be a minimum of 5.5. metres (18 ft.).
Minimum rear yard
6.0 metres (20 ft.)
Service Stations
Minimum site area
900 m² (9688 ft2)
Minimum site frontage
30 metres (98 ft.)
Minimum front yard
7.5 metres
Minimum side yard
3.0 metres (10 ft.). Doors located in side yards shall not be used for delivery
purposes.
Minimum rear yard
6.0 metres
15.4
ACCESSORY BUILDINGS
a) Setbacks for accessory buildings shall meet the same requirements as the principal use or building.
Accessory buildings shall not be permitted in any front yard.
b) Temporary garages or portable storage units may be permitted to locate in locations and length of
time as determined by Council.
15.5
DISCRETIONARY USE STANDARDS
In approving a discretionary use, or a discretionary form of development, the regulations of this District shall apply
and Council may prescribe development standards based on the following:
a) All buildings approved in regards to the development shall be temporary in nature to allow ease of
re-location in the event that the Saskatchewan Ministry of Highways and Infrastructure proceeds with
the expansion of the right-of way to facilitate twinning of Highway No. 7.
b) No new subdivided parcels shall be approved so new development shall be restricted to existing
parcels or new or existing lease holdings of the Canadian National Railroad (CNR) right-of-way.
15.6
SIGNAGE
Signs and billboards shall be discretionary in the HE Highway Expansion 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:
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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 20% of the square frontage of the building upon which the
sign(s) are attached.
c) All signs shall provide a minimum clearance of 3.0 metres between the bottom of the sign and a
street or sidewalk.
d) Any number of signs which may be fascia, marquee, roof or a combination thereof, which the sum of
all facial area does not exceed the total allowable facial area permitted.
e) Freestanding signs shall not exceed 12.0m² per side. Sites exceeding 30.0 metres (98 ft.) frontage may
erect one additional free-standing sign. The maximum height shall not exceed 11.0 metres (36 ft.).
f)
Temporary signs not exceeding 1.0 m² (11 ft2) advertising the sale or lease of the property, or other
information relating to a temporary condition affecting the property, are permitted.
g) 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.
15.7
PARKING REQUIREMENTS
Stores and offices
1 parking space for every 46.5 m² (501 ft2) of building floor
area.
Restaurants, other eating places
1 parking space for every four (4) patrons or seats.
Service Stations
1 ½ parking spaces for each service bay.
All other uses
1 parking space for each 27.5 m² (296 ft2) of building floor
area.
15.8
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 1,300 m²
1 space
1,300 m² to 2,500 m²
2 spaces
>2,500 m²
2 spaces +1 space for each additional 2,500 m² (26,910 ft2) of building floor
area.
15.9
FENCE AND HEDGE HEIGHTS
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a) Screen fences shall be consistent and complement the quality of building design and materials of the
primary building. Screening shall be provided where a lot used for commercial or industrial purposes
abuts a residential district without an intervening street or land. Such screening shall consist of a solid
fence, hedge, or wall over 1.5 metres (5 ft.) in height in a side or rear yard and over 0.75 metres (2 ft.)
in a front yard.
b) No fence in a Highway Expansion District shall exceed 2.4 metres (8 ft.).
c) No barbed wire, or razor wire fences shall be allowed in a Highway Expansion District.
d) In the case of a corner lot, no wall, fence, hedge or shrub shall exceed 0.75 metre in height in an
intersection sight triangle.
15.10 LANDSCAPING
a) A landscaped strip of not less than 3.0 metres (10 ft.) 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 a Community Service District without an intervening lane, there shall be a strip of
land adjacent to the abutting site line of not less than 3.0 metres in width throughout which shall not
be used for any purpose except landscaping.
15.11 OUTSIDE STORAGE
a) No outdoor storage shall be permitted in the required front yard of any commercial or industrial site.
b) Council may apply special standards as a condition or for a discretionary use approval regarding the
location of areas used for storage for that use.
c) Council adopts the recommendation of the Building Standards Branch and requires an engineering
analysis and submission of construction plans by a design professional licenses to practice in
Saskatchewan. All building assembly will meet the requirements of the National Building Code
d) 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.
e) Council 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.
15.12 SUPPLEMENTARY REGULATIONS
15.12.1 Service Stations
a) Where service stations occupy a corner site, only one access point shall be located on the
flankage, located a minimum of 6.0 metres (20 ft.) from the intersection.
b) Fuel pumps and other accessory equipment shall be located not less than 6.0 m from any street
or site line.
c)
All automobile parts, dismantled vehicles, and similar articles shall be stored within a building or
screened to the satisfaction of Council.
- 94 -
d) Service Stations shall locate underground storage tanks in accordance with The Fire Protection
Act.
e) Propane and natural gas pumps (retail or wholesale) shall be set back according to Provincial
regulations.
f)
Access/egress points shall not be continuous along a street and shall be at least 10.0 metres (33
ft.) apart.
g) Vehicles and parts storage shall not locate in any yard abutting a road and must be screened
from view by a solid fence with the location, height and materials being first approved by the
Development Officer.
h) All development which abuts a Residential District shall provide a fence of at least 2.0 metres (6
ft.) erected along the site line and be landscaped acceptable to Council.
- 95 -
16 INDUSTRIAL - IND (IND1 AND IND2 COMBINED BYLAW NO. 838-20)
The purpose of the Light Industrial District (IND1) is to allow for a district where light
industrial uses, trades and related activities can locate and where there is need for outdoor storage areas
and good access.
No person shall within any IND-1 Light Industrial District, use any land, or erect, alter or use any building or
structure except in accordance with the following provisions.
16.1
PERMITTED USES
a) Business and/or professional offices;
b) Construction trades and contractors' yards;
c) Shops of plumbers, pipe fitters, metal workers and other industrial trades manufacturing and sales;
d) Construction and other contractors, industrial trades, workshops, yards, plants, and/or offices;
e) Buildings, structures, and uses accessory to, and located on the same site as, the principal building or
use including temporary or non-permanent storage facilities;
f)
Indoor repair, rental, servicing, storage, wholesale of any commodity and/or retail sales of any goods,
materials and/or commodities excluding any hazardous materials;
g) Trucking operations;
h) Semi-trailer and container parking lot;
i)
Lumber and building supply establishments;
j)
Commercial recycling depots;
k) Public works buildings, offices and structures, warehouses, storage yards, and excluding waste
management or sewage facilities.
l)
Mobile Storage Containers (refer to Section 5.10) (Bylaw No. 739-16)
16.2
DISCRETIONARY USES
The following uses may be permitted in the IND-1 Light Industrial District but only by resolution of Council and
only in locations specified by such resolution of Council.
a) Service stations;
b) Autobody shops;
c) Salvage yards and auto wreckers;
d) Oilfield supply and service establishments;
e) Warehouses, storage yards and supply depots;
f)
Self-service storage facility;
g) Cement manufacturing;
h) Aggregate material storage or handling operations;
i)
REMOVE (Bylaw No. 739-16)
16.3
PROHIBITED USES
a) Dwellings attached to and behind, or above, commercial or industrial establishments;
IND
- 96 -
16.4
SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum requirements.
Permitted Uses
Minimum site area
465 m² (5,005 ft2); There shall be no minimum site development
requirements for public works buildings, structures or facilities.
Minimum site frontage
15.0 metres (49 ft.)
Building height
9.0 metres (30 ft.).
Minimum front yard
7.5 metres (25 ft.)
Minimum rear yard
4.5 metres (15 ft.)
Minimum side yard
1.5 metres (5 ft.) unless a corner site the side yard shall be 2.5 metres (8
ft.). The sum of both side yards shall be a minimum of 5.5. metres (18 ft.).
Service Stations
Minimum site area
900 m² (9,688 ft2)
Minimum site frontage
30 metres (98 ft.)
Minimum front yard
7.5 metres
Minimum side yard
3.0 metres (10 ft.). Doors located in side yards shall not be used for delivery
purposes.
Minimum rear yard
6.0 metres
Other Discretionary Uses:
Autobody shops; Salvage yards and auto wreckers; Oilfield supply and service establishments; Warehouses,
storage yards, and supply depots; Self-service storage facility; Cement manufacturing; Aggregate material
storage or handling operations; Mobile storage containers
Minimum site area
900 m² (9,688 ft2)
Minimum site frontage
30 metres (98 ft.)
Minimum front yard
7.5 metres
Minimum side yard
3.0 metres (10 ft.). Doors located in side yards shall not be used for delivery
purposes.
Minimum rear yard
6.0 metres
16.5
ACCESSORY BUILDINGS
Setbacks for accessory buildings shall meet the same requirements as the principal use or building.
- 97 -
16.6
SIGNAGE
Signs and billboards shall be prohibited in the IND-1 Light Industrial 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 20% of the square frontage of the building upon which the
sign(s) are attached.
c) All signs shall provide a minimum clearance of 3.0 metres (10 ft.) between the bottom of the sign and
a street or sidewalk.
d) Any number of signs which may be fascia, marquee, roof or a combination thereof, which the sum of
all facial area does not exceed the total allowable facial area permitted.
e) Freestanding signs shall not exceed 12.0m² (129 ft2) per side. Sites exceeding 30.0 metres (98 ft.)
frontage may erect one additional free-standing sign. The maximum height shall not exceed 11.0
metres (36 ft.).
f)
Temporary signs not exceeding 1.0 m² (11 ft2) advertising the sale or lease of the property, or other
information relating to a temporary condition affecting the property, are permitted.
g) 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.
16.7
PARKING
Off-street parking requirements shall be provided in accordance with the following:
Commercial trade activities
1 parking space for each 75 m² (807 ft2) of building floor area.
Principal buildings
1 parking space for each 55 m² (592 ft2) of gross floor area, or 1 parking
space for each 1.5 employees, whichever is greater.
Warehouses or
manufacturing activities
1 parking space for each 90 m² (969 ft2) of gross floor area.
16.8
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 1,300 m²
1 space
1,300 m² to 2,500 m²
2 spaces
>2,500 m²
2 spaces +1 space for each additional 2,500 m² (26,910 ft2).
- 98 -
16.9
FENCE AND HEDGE HEIGHTS
a) Screen fences shall be consistent and complement the quality of building design and materials of the
primary building. Screening shall be provided where a lot used for commercial or industrial purposes
abuts a Residential District without an intervening street or land. Such screening shall consist of a
solid fence, hedge, or wall over 1.5 metres (5 ft.) in height in a side or rear yard and over 0.75 metres
(2 ft.) in a front yard.
b) No fence in an Industrial District shall exceed 2.4 metres (8 ft.).
c) No barbed wire, or razor wire fences shall be allowed in an Industrial District.
d) In the case of a corner lot, no wall, fence, hedge or shrub shall exceed 0.75 metre in height in an
intersection sight triangle.
16.10 LANDSCAPING
Where a site abuts any Community Service or 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 metres in width throughout which shall not be used
for any purpose except landscaping.
a) A landscaped strip of not less than 3.0 metres (10 ft.) 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 or Community Service District without an intervening lane, there
shall be a strip of land adjacent to the abutting site line of not less than 3.0 metres in width
throughout which shall not be used for any purpose except landscaping.
16.11 OUTSIDE STORAGE
a) Outdoor storage shall be accommodated in the required front yard of any /light industrial site as an
accessory use.
b) Council may apply special standards as a condition or for a discretionary use approval regarding the
location of areas used for storage for that use.
c) Council adopts the recommendation of the Building Standards Branch and requires an engineering
analysis and submission of construction plans by a design professional licenses to practice in
Saskatchewan. All building assembly will meet the requirements of the National Building Code.
d) 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.
e) Council 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.
16.12 STANDARDS FOR DISCRETIONARY USES
16.12.1 Salvage Yards and Auto Wrecker Operations
- 99 -
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 and adjacent residential development by utilizing any of the following
measures:
-
distance and careful location,
-
natural or planted vegetation,
-
an earth berm,
-
an opaque fence,
-
a building,
-
other appropriate methods approved by Council.
d) All auto wrecking yards shall be totally enclosed by a sturdy fence built to a minimum height of
2.0 metres 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.
16.12.1 Other Requirements:
a) Sites used for discretionary uses which may result in heavy truck traffic shall be located to ensure
that such traffic takes access to or from major streets or designated truck routes.
b) All operations shall comply with all regulations of Saskatchewan Environment and Saskatchewan
Labour Relations and Workplace Safety which govern their operation and development.
c) Bulk petroleum tanks are to be located 91.4 metres (300 ft.) from residential areas, schools,
hospitals, motels and restaurants.
- 100 -
17 INDUSTRIAL DISTRICT - IND (IND1 AND IND2 COMBINED BYLAW NO. 838-20)
The purpose of the Heavy Industrial District (IND2) is to provide areas for Industrial
activities which have moderate potential for conflict with adjacent land uses and are partially dependent
on exposure to high traffic areas.
No person shall within any IND2-Heavy Industrial District use any land, or erect, alter, or use any building or
structure except in accordance with the following provisions.
17.1
PERMITTED USES
a) Business and/or professional offices;
b) Industrial parks containing a combination of permitted uses;
c) Buildings, structures, and uses accessory to, and located on the same site as, the principal building or
use including temporary or non-permanent storage facilities and excluding any building or structure
used for human habitation;
d) Indoor repair, rental, servicing, storage, wholesale of any commodity and/or retail sales of any goods,
materials and/or commodities excluding any hazardous materials;
e) Manufacturing, fabricating, processing, assembly, finishing, production or packaging of materials,
goods or products that are not noxious;
f)
Agricultural and Industrial machinery equipment and vehicle sales, service, maintenance and storage;
g) Service Stations and Car Washes;
h) Auto body shops;
i)
Commercial cardlock operations;
j)
Oilfield supply and service establishments;
k) Construction and other contractors, industrial trades, workshops, yards, plants, and/or offices;
l)
Lumber and building Supply Establishments;
m) Warehousing and wholesale supply depots;
n) Animal hospitals, or clinics and offices of veterinary surgeons;
o) Trucking operations;
p) Semi-trailer and container parking Lot;
q) Construction of RTM homes or agricultural building assembly area;
r)
Motor vehicle, recreational vehicle, and/or manufactured home sales and servicing and/or storage
compound;
s)
Commercial Recycling Depots;
t)
REMOVE (Bylaw No. 739-16)
u) Public works buildings and structures including offices, warehouses, storage, yards, and waste
management or sewage facilities.
17.2
DISCRETIONARY USES
The following uses may be permitted in the IND2- Heavy Industrial District though only by resolution of Council
and only in locations specified in such resolution of Council.
a) Bulk petroleum sales and storage;
b) Stockyards and auction marts;
IND
- 101 -
c) Salvage yards and auto wreckers;
d) Meat processing plants/abattoirs;
e) Seed cleaning plants, feed mills and flour mills;
f)
Fertilizer sales and storage;
g) Cement manufacturing(concrete batch plants)
h) Aggregate material storage or handling operations;
i)
Wind energy facilities (refer to Section 5.13).
j)
Shipping Containers (Bylaw 739-16)
17.3
PROHIBITED USES
a) Dwellings attached to and behind, or above, industrial or commercial establishments;
17.4
SITE DEVELOPMENT REGULATIONS
Public Works shall have no minimum or maximum requirements.
Permitted Uses
Minimum site area
1,000 m² (10,764 ft2), except 500 m² (5,382 ft2) for Ag-implement
dealerships. There shall be no minimum site development requirements
for public works buildings.
Minimum site frontage
30.0 metres (98 ft.)
Maximum height
9.0 metres (30 ft.) for Principal buildings; 5.0 metres for Accessory
buildings.
Minimum front yard
7.5 metres (25 ft.)
Minimum rear yard
7. 5metres
Minimum side yard
4.5 metres (15 ft.)
Other Discretionary Uses:
Autobody shops; Salvage yards and auto wreckers; Oilfield supply and service establishments; Warehouses,
storage yards, and supply depots; Self-service storage facility; Cement manufacturing; Aggregate material
storage or handling operations; Mobile storage containers
Minimum site area
900 m² (9,688 ft2)
Minimum site frontage
30 metres (98 ft.)
Minimum front yard
7.5 metres
Minimum side yard
3.0 metres (10 ft.). Doors located in side yards shall not be used for delivery
purposes.
Minimum rear yard
6.0 metres
- 102 -
17.5
ACCESSORY BUILDINGS
a) Setbacks for accessory buildings shall meet the same requirements as the principal use or building.
b) Temporary, fabric covered structures may be permitted to locate in areas and for a length of time as
determined by Council.
17.6
SIGNAGE
Signs and billboards are prohibited in the IND2- Heavy 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 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 20% of the square frontage of the building upon which the
sign(s) are attached.
c) All signs shall provide a minimum clearance of 3.0 metres between the bottom of the sign and a
street or sidewalk.
d) Any number of signs which may be fascia, marquee, roof or a combination thereof, which the sum of
all facial area does not exceed the total allowable facial area permitted.
e) Freestanding signs shall not exceed 12.0m² (129 ft2) per side. Sites exceeding 30.0 metres (98 ft.)
frontage may erect one additional free-standing sign. The maximum height shall not exceed 11.0
metres (36 ft.).
f)
Temporary signs not exceeding 1.0 m² (11 ft2) advertising the sale or lease of the property, or other
information relating to a temporary condition affecting the property, are permitted.
g) 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.
17.7
PARKING
Off-street parking requirements shall be provided in accordance with the following:
Principal buildings
1 parking space for each 55 m² (592 ft2) of gross floor area,
or 1 parking space for each 1.5 employees, whichever is
greater.
Warehouses or manufacturing activities
1 parking space for each 90 m² (69 ft2) of gross floor area.
17.8
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 without restricting access to all
parts of the site shall be provided on the site. The minimum area of an individual loading space shall be 17m².
- 103 -
Gross Floor Area
Minimum Number of Loading Spaces
90 m² to 1,300 m²
1 space
1,300 m² to 2,500 m²
2 spaces
>2,500 m²
2 spaces +1 space for each additional 2,500 m² (26,910 ft2).
17.9
FENCE AND HEDGE HEIGHTS
a) Screen fences shall be consistent and complement the quality of building design and materials of the
primary building. Screening shall be provided where a lot used for commercial or industrial purposes
abuts a residential district without an intervening street or land. Such screening shall consist of a
solid fence, hedge, or wall over 1.5 metres (5 ft.) in height in a side or rear yard and over 0.75 metres
(2 ft.) in a front yard.
b) No fence in an industrial zone shall exceed 2.4 metres (8 ft.).
c) No barbed wire or razor wire fences shall be allowed in an Industrial District.
d) In the case of a corner lot, no wall, fence, hedge or shrub shall exceed 0.75 metre in height in an
intersection sight triangle.
17.10 LANDSCAPING
a) A landscaped strip of not less than 3.0 metres (10 ft.) 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 Community Service or Residential District without an intervening lane, there
shall be a strip of land adjacent to the abutting site line of not less than 3.0 metres in width
throughout which shall not be used for any purpose except landscaping.
17.11 OUTSIDE STORAGE
a) No outdoor storage shall be permitted in the required front yard of any industrial site.
b) No yard shall be used for the storage or collection of hazardous material.
c) Council may apply special standards as a condition or for a discretionary use approval regarding the
location of areas used for storage for that use.
d) Council adopts the recommendation of the Building Standards Branch and requires an engineering
analysis and submission of construction plans by a design professional licenses to practice in
Saskatchewan. All building assembly will meet the requirements of the National Building Code.
e) Council 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.
- 104 -
f)
All outside storage shall be fenced and where the area abuts a Residential area. All automobile parts,
dismantled vehicles, storage drums and crates, stockpiled material, and similar articles and materials
shall be stored within a building or suitably screened from public view.
17.12 PERFORMANCE STANDARDS
An industrial operation including production, processing, cleaning, testing, repairing, storage or distribution of any
material shall conform to the following standards:
a) Noise - 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) Odor - the emission of any odorous gas or other odorous 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 noticed
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 Town's satisfaction that a proposed development does and will comply
with these requirements, rests with the developer.
17.13 SUPPLEMENTARY REGULATIONS
17.13.1 Salvage Yards and Auto Wrecker Operations
a) This includes salvage yards, auto wreckers, auto repair shop, body shops and similar uses, all
salvage 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 and adjacent residential development by utilizing any of the following
measures:
-
distance and careful location,
-
natural or planted vegetation,
-
an earth berm,
-
an opaque fence,
-
a building,
-
other appropriate methods approved by Council.
d) All auto wrecking yards shall be totally enclosed by a sturdy fence built to a minimum height of
2.0 metres (7 ft.) 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.
- 105 -
17.13.1 Other Requirements:
a) Sites used for discretionary uses which may result in heavy truck traffic shall be located to ensure
that such traffic takes access to or from major streets or designated truck routes.
b) All operations shall comply with all regulations of Saskatchewan Environment and Saskatchewan
Labour Relations and Workplace Safety which govern their operation and development.
c) Bulk petroleum tanks are to be located 91.4 metres (300 ft.) from residential areas, schools,
hospitals, motels and restaurants.
- 106 -
18 RAILWAY DISTRICT - RW
The purpose of the Railway Industrial District (RW) is to provide for the operation of a
railway, railway yards and uses related to the railway.
No person shall within any RW-Railway District use any land, or erect, alter, or use any building or structure
except in accordance with the following provisions:
18.1
PERMITTED USES
a) Railways and ancillary railway functions.
b) Grain elevators and terminals;
c) Seed cleaning plants;
d) Storage of agricultural machinery and equipment;
e) Buildings, structures, and uses accessory to, and located on the same site as, the principal building or
use;
f)
Public Works, excluding Waste Management and Sewage Facilities
18.2
DISCRETIONARY USES
The following uses may be permitted in the RW Railway District but only by resolution of Council and only in
locations specified in such resolution of Council. Discretionary use requirements are provided in Section 5.
a) Bulk petroleum sales and storage;
b) Fertilizer sales and storage;
c) Solar energy collection systems (refer to Section 5.12);
d) Mobile storage containers (refer to Section 5.10)
18.3
PROHIBITED USES
The following uses shall be strictly prohibited within the Railway District (RW):
a) All uses of land, buildings or industrial 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) Temporary, fabric covered structures or buildings;
c) All uses of buildings and land except those specifically noted as permitted or discretionary;
d) Aggregate materials; storage or handling operations;
e) Residential dwellings;
f)
Abattoirs.
18.4
SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements.
Permitted Uses
RW
- 107 -
Minimum site area
600 m² (6,458 ft2). There shall be no minimum site development
requirements for public works buildings, structures or facilities.
Minimum site frontage
20.0 metres (66 ft.)
Minimum front yard
5.0 metres (16 ft.)
Minimum rear yard
7.5 metres (25 ft.)
Minimum side yard
1.5 metres (5 ft.)
Minimum parking
spaces
1 parking space for each 55 m² (592 ft2) of gross floor area, or 1 parking
space for each 1.5 employees, whichever is greater.
Accessory Buildings
Setbacks for accessory buildings shall meet the same requirements as the
principal use or building.
18.5
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 (183 ft2). Doors located in side yards shall not be
used for delivery purposes.
Gross Floor Area
Minimum Number of Loading Spaces
90 m² to 1,300 m²
1 space
1,300 m² to 2,500 m²
2 spaces
>2,500 m²
2 spaces +1 space for each additional 2,500 m² (26,910 ft2).
18.6
SIGNAGE
Signs and billboards shall be prohibited/permitted/discretionary in the RW Railway 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 20% of the square frontage of the building upon which the
sign(s) are attached.
c) All signs shall provide a minimum clearance of 3.0 metres (10 ft.) between the bottom of the sign and
a street or sidewalk.
d) Any number of signs which may be fascia, marquee, roof or a combination thereof, which the sum of
all facial area does not exceed the total allowable facial area permitted.
- 108 -
e) Freestanding signs shall not exceed 12.0m² (6.0m²) per side. Sites exceeding 30.0 metres (98 ft.)
frontage may erect one additional free-standing sign. The maximum height shall not exceed 11.0
metres (36 ft.).
f)
Temporary signs not exceeding 1.0 m² (11 ft2) advertising the sale or lease of the property, or other
information relating to a temporary condition affecting the property, are permitted.
g) 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.
18.7
FENCE AND HEDGE HEIGHTS
a) Screen fences shall be consistent and complement the quality of building design and materials of the
primary building. Screening shall be provided where a lot used for commercial or industrial purposes
abuts a residential district without an intervening street or land. Such screening shall consist of a
solid fence, hedge, or wall over 1.5 metres (5 ft.) in height in a side or rear yard and over 0.75 metres
(2 ft.) in a front yard.
b) No fence in an industrial zone shall exceed 2.4 metres (8 ft.).
c) No barbed wire, or razor wire fences shall be allowed in an Industrial District.
d) In the case of a corner lot, no wall, fence, hedge or shrub shall exceed 0.75 metre in height in an
intersection sight triangle.
18.8
OUTSIDE STORAGE
a) No outdoor storage shall be permitted in the required front yard of any Railway-related site.
b) No yard shall be used for the storage or collection of hazardous material.
c) Council may apply special standards as a condition or for a discretionary use approval regarding the
location of areas used for storage for that use.
d) Council adopts the recommendation of the Building Standards Branch and requires an engineering
analysis and submission of construction plans by a design professional licenses to practice in
Saskatchewan. All building assembly will meet the requirements of the National Building Code.
e) Council 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.
f)
All outside storage shall be fenced and where the area abuts a Residential area. All automobile parts,
dismantled vehicles, storage drums and crates, stockpiled material, and similar articles and materials
shall be stored within a building or suitably screened from public view.
18.9
STANDARDS FOR DISCRETIONARY USES
In addition to other applicable regulations or standards contained in this bylaw the following standards apply to
those uses or forms of development designated as discretionary in the RW-Railway District:
a) All operations shall comply with all regulations of Saskatchewan Environment governing their
development and operation;
b) All outside storage areas shall be fenced.
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18.9.1 Bulk Fuel and Fertilizer Storage
a) Bulk petroleum or fertilizer storage tanks are to be located in accordance with the National Fire
Code of Canada, 2010, as amended from time to time.
b) Agrichemical sales and storage facilities are to be constructed and operated in compliance with
the Agrichemical Warehouse Standards Association's Warehousing Audit Protocols and User
Guide, as amended from time to time.
18.10 PERFORMANCE STANDARDS
Railway-Related or Agricultural Industrial Operations including production, processing, cleaning, testing, repairing,
storage or distribution of any material shall conform to the following standards:
a) Noise - 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 noticed
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; and
i)
The onus of proving to Council's satisfaction that a proposed development does and will comply with
these requirements, rests with the developer.
j)
The onus of proving to the Town's satisfaction that a proposed development does and will comply
with these requirements, rests with the developer.
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19 FUTURE URBAN DEVELOPMENT DISTRICT - FUD
The purpose of this District is to limit the intensity of development by providing for
temporary and transitional uses/activities in areas with future urban development potential.
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:
19.1
PERMITTED USES
a) Agricultural crop production and horticultural uses and buildings and structures customarily
accessory to the use;
b) Keeping of livestock, but excluding intensive livestock operations, poultry farms, hatcheries, or
commercial kennels;
c) Commercial greenhouses, market gardens, and sod farms;
d) Uses, buildings and structures accessory to the principal building or use;
e) Recreational uses and sports grounds, golf courses;
f)
Recreational Vehicle Storage yards;
g) Public works buildings and structures including offices, warehouses, storage, yards, and waste
management or sewage facilities;
h) Uses in existence when this Bylaw comes into force.
19.2
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) One single detached dwelling and buildings accessory to the principal use and occupied by the
owner, manager or caretaker of the principal use;
b) Temporary work camps;
c) Campgrounds including RV Parks (refer to Section 5.9);
d) Cemeteries;
e) Mobile storage containers (refer to Section 5.10);
f)
Wind energy facilities (refer to Section 5.13).
19.3
SITE DEVELOPMENT REGULATIONS
Minimum site area
16 hectares (40 acres)
Minimum site frontage
60.0 metres (197 ft.) abutting a highway or 6.0 metres (20 ft.) abutting a
street.
Front yard
15.0 metres (49 ft.) unless the property abuts a municipal road, then the
setback is 60.0 metres (197 ft.) from the centerline of the municipal road.
Side yard
7.5 metres (25 ft.) for dwelling and accessory buildings except the minimum
side yard abutting a public street shall be 10.0 metres.
FUD
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Rear yard
10.0 metres (33 ft.) for dwellings and accessory buildings except that the
minimum rear yard abutting a public street shall be 30.0 metres (98 ft.).
19.4
SIGNAGE
Signs and billboards are prohibited/permitted/discretionary in the FUD-Future Urban Development l 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 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 20% of the square frontage of the building upon which the
sign(s) are attached.
c) All signs shall provide a minimum clearance of 3.0 metres (10 ft.) between the bottom of the sign and
a street or sidewalk.
d) Any number of signs which may be fascia, marquee, roof or a combination thereof, which the sum of
all facial area does not exceed the total allowable facial area permitted.
e) Freestanding signs shall not exceed 12.0m² per side. Sites exceeding 30.0 metres (98 ft.) frontage may
erect one additional free-standing sign. The maximum height shall not exceed 11.0 metres (36 ft.).
f)
Temporary signs not exceeding 1.0 m² (11 ft2) advertising the sale or lease of the property, or other
information relating to a temporary condition affecting the property, are permitted.
g) In the case of a home occupation, an additional permanent sign is permitted.
19.5
SUPPLEMENTARY REGULATIONS
a) Council will consider the applications for discretionary use with respect to the following criteria:
i.
The infrastructure 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 Rosetown Official
Community Plan and the Rosetown Hub and Spoke District Plan.
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 Rosetown Official Community Plan and the Rosetown
Hub and Spoke District 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 and meets
The Public Health Act and Regulations requirements. Domestic waste disposal systems located on the
site and serving only the principal use will be a permitted use to that principal use.
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 metres from an occupied dwelling situated on an
adjoining site.
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20 AGRICULTURAL DISTRICT- AG
The purpose of this District is to acknowledge the long term agricultural potential of the
peripheral lands located within the Town of Rosetown's boundary that will remain in agricultural
production for the foreseeable future.
No person shall within any Agricultural- AG District use any land, or erect, alter or use any building or structure,
except in accordance with the following provisions:
20.1
PERMITTED USES
a) Agricultural crop production and horticultural uses and buildings and structures customarily
accessory to the use;
b) REMOVED (Bylaw No. 780-18)
c) Commercial greenhouses, market gardens, and sod farms;
d) Uses, buildings and structures accessory to the principal building or use including temporary or
non-permanent storage facilities;
e) Public works buildings and structures including offices, warehouses, storage, yards, and waste
management or sewage facilities.
20.2
DISCRETIONARY USES
The following uses may be permitted in the AG - Agricultural District only by resolution of Council and only in
locations specified by Council.
a) Residential dwellings;
b) Acreage parcels;
c) Temporary work camps;
d) Public utilities;
e) Wind energy facilities (refer to Section 5.13).
f)
Private airstrips.
20.3
SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements.
Permitted Uses
Minimum site area
16 hectares (40 acres)
Minimum site frontage
60.0 metres (197 ft.) abutting a highway or 6.0 metres (20 ft.) abutting a
street
Front yard
15.0 metres (49 ft.) unless the property abuts a municipal road, then the
setback is 60.0 metres from the centerline of the municipal road.
AG
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Side yard
7.5 metres (25 ft.) for dwelling and accessory buildings accessory except the
minimum side yard abutting a public street shall be 10.0 metres (33 ft.).
Rear yard
10.0 metres for dwellings and accessory buildings accessory except that the
minimum rear yard abutting a public street shall be 30.0 metres (98 ft.).
Discretionary Uses
Minimum site area
a minimum of 1 hectare (2.5 acres)
Minimum site frontage
60.0 metres (197 ft.) abutting a highway or 6.0 metres (20 ft.) abutting a
street
Front yard
15.0 metres (49 ft.) unless the property abuts a municipal road, then the
setback is 60.0 metres from the centerline of the municipal road.
Side yard
7.5 metres (25 ft.) for dwelling and accessory buildings accessory except the
minimum side yard abutting a public street shall be 10.0 metres (33 ft.).
Rear yard
10.0 metres for dwellings and accessory buildings accessory except that the
minimum rear yard abutting a public street shall be 30.0 metres (98 ft.).
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21 AIRPORT DEVELOPMENT DISTRICT- AIR
No person shall within any AIR District use any land, or erect, alter or use any building or structure, except in
accordance with the following provisions:
21.1
PERMITTED USES
a) Aircraft Runways;
b) Uses, buildings and structures accessory to the foregoing permitted uses and located on the
same site with the main use;
c) Airport related uses, including workshops, warehouses and storage yards;
d) Crop farming on an existing parcel without any buildings;
e) Public works buildings and structures including offices, warehouses, storage, and yards.
21.2
PROHIBITED USES
The following uses or developments shall not be located within the approach and take off zones within 500 metres
of the centre point of the airstrip:
a) Residential dwellings (or dwelling units);
b) Institutional uses;
c) Sod farms or orchards;
d) Bird or game preserves;
e) Animal keeping or raising operations;
f)
Solid waste disposal sites;
g) Fairgrounds;
h) Public utilities (i.e. high voltage power lines);
i)
Wind energy systems.
21.3
HEIGHT RESTRICTIONS
All Buildings or structures shall conform to the 1:40 ratio in the take-off and approach zone and 1:5 ratio in the
transitional zone around the airstrip.
21.4
SITE DEVELOPMENT REGULATIONS
Airport Related Uses
All development standards, building setbacks, parking, signage and
landscaping requirements shall be determined by the Airport Authority.
Municipal Facilities
AIR
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Bylaw No. 693-14 - The Zoning Bylaw
Appendix "A"
Town of Rosetown
Application for a Development Permit
Application No:
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:
Cell phone:
3. Property: Legal Description: Lot
Block
Plan No.
Certificate of Title No:
Date:
4. Parcel Size:
Dimensions:
Area:
(m2)
5. Existing Land Use:
6. Proposed Land Use / description of Proposed Development:
7. Proposed date of Commencement:
Proposed date of Completion:
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 scale and north arrow,
-
a legal description of the site,
-
mailing address of owner or owner's representative,
-
site lines,
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-
Bylaw site line setbacks,
-
front, rear, and side yard requirements,
-
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,
-
the location of any buildings, structures, easements, and dimensioned to the site lines,
-
the location and size of trees and other vegetation, especially natural vegetation, street trees, and mature
growth,
-
proposed on-site and off-site services,
-
landscaping and other physical site features,
-
a dimensioned layout of parking areas, entrances, and exits,
-
abutting roads and streets, including service roads and alleys,
-
an outline, to scale, of adjacent buildings on adjoining sites,
-
the use of adjacent buildings and any windows overlooking the new proposal,
-
fencing or other suitable screening,
-
garbage and outdoor storage areas,
-
other, as required by the Development Officer or Council to effectively administer this Bylaw.
10. a) Manufactured Homes: C.S.A.Z240 Approval (serial) Number:
Manufactured Home date of Manufacture:
b) Modular Homes: C.S.A A277 Approval (serial) Number:
Modular Home date of Manufacture:
11. Declaration of Applicant:
I,
of the Town / City 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 Rosetown from and against any claims, demands, liabilities,
costs and damages elated to the development undertaken pursuant to this application.
Date:
Signature:
FOR MUNICIPAL OFFICE USE ONLY:
1. Present Zoning:
2. Proposed Use(s): Principal:
Accessory:
3. Proposed Yards: Front
Rear
Side
Side
Required Yards: Front
Rear
Side
Side
4. Application Status: Meets Bylaw Requirements:
Does Not Meet Bylaw Requirements:
Other Regulations/Comments:
Date:
Development Officer:
- 117 -
NOTICE OF DECISION FOR A DEVELOPMENT PERMIT
Town of Rosetown
Notice of Decision for a Development Permit or Zoning Bylaw Amendment
Application No:
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
____you MAY APPEAL the refusal of your application if you feel that the Development Officer has misapplied the
Zoning Bylaws in the issuing of this permit.
Your Appeal must be submitted in writing within 30 days of the date of this notice to:
Secretary, Development Appeals Board
Town of Rosetown
Box 398
Rosetown, Saskatchewan
S0L 2V0
Date:
Development Officer:
Note:
This Permit expires 12 months from the date of issue. A Building Permit is also required for construction of a building.