Zoning Bylaw No. 10-2023

Saltcoats, Saskatchewan

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Zoning Bylaw Town of Saltcoats Bylaw No. 10-2023 Zoning Bylaw of the Town of Saltcoats 1 | P a g e Town of Saltcoats Bylaw No. 10-2023 A bylaw to adopt a Zoning Bylaw for the Town of Saltcoats. WHEREAS, Section 46 of The Planning and Development Act, 2007 (the Act) authorizes council to prepare and adopt a zoning bylaw for all or part of the municipality in conjunction with the adoption of an official community plan; WHEREAS , in accordance with Section 207 of the Act, the Council of the Town of Saltcoats held a public hearing on _________________, 2023 in regards to the proposed bylaw, which was advertised in a weekly paper on _________________, 2023 and _________________, 2023 in accordance with the public participation requirements of the Act; and WHEREAS, in order to ensure the orderly development of the Town of Saltcoats the Council deems it necessary to adopt a Zoning Bylaw. THEREFORE, the Council of the Town of Saltcoats in the Province of Saskatchewan in open meeting enacts as follows: 1) This bylaw may be cited as the "Town of Saltcoats Zoning Bylaw". 2) Bylaw No. 386 known as the "Zoning Bylaw" including all amendments are hereby repealed. 3) Schedule "A" attached hereto is hereby adopted as the "Town of Saltcoats Zoning Bylaw." This Bylaw shall come into force on the date of final approval by the Minister of Government Relations. Read a First Time the ______ day of _______________, 2023. Read a Second Time the ______ day of _______________, 2023. Third Reading and adoption of this Bylaw this ______ day of _______________, 2023. MAYOR ADMINISTRATOR SEAL Zoning Bylaw of the Town of Saltcoats 2 | P a g e Schedule "A" Town of Saltcoats Zoning Bylaw 2023 Zoning Bylaw of the Town of Saltcoats 3 | P a g e Table of Contents 1 Introduction ............................................................................................................................................................................................ 5 1.1 Title .................................................................................................................................................................................................. 5 1.2 Scope ............................................................................................................................................................................................... 5 1.3 Purpose .......................................................................................................................................................................................... 5 1.4 Severability ................................................................................................................................................................................... 5 2 Definitions ............................................................................................................................................................................................... 6 3 Administration ..................................................................................................................................................................................... 20 3.1 Development Officer .............................................................................................................................................................. 20 3.2 Council .......................................................................................................................................................................................... 20 3.3 Interpretation ............................................................................................................................................................................ 20 3.4 Bylaw Compliance ................................................................................................................................................................... 20 3.5 Application for a Development Permit .......................................................................................................................... 21 3.6 Development Not Requiring a Permit ............................................................................................................................ 22 3.7 Development Permit Procedure ....................................................................................................................................... 22 3.8 Development Permit Validity ............................................................................................................................................. 24 3.9 Development Permit Cancelation ..................................................................................................................................... 24 3.10 Development Appeals Board .............................................................................................................................................. 24 3.11 Minor Variances ....................................................................................................................................................................... 25 3.12 Non-Conforming Uses, Buildings and Sites .................................................................................................................. 26 3.13 Amendments .............................................................................................................................................................................. 27 3.14 Servicing Agreements and Development Levies ....................................................................................................... 27 3.15 Fees and Advertising .............................................................................................................................................................. 27 3.16 Enforcement, Offences and Penalties ............................................................................................................................. 28 4 General Regulations and additional Evaluation.................................................................................................................... 29 4.1 Licenses, Permits and Compliance with Other Bylaws and Legislation .......................................................... 29 4.2 Number of Principal Buildings Permitted on a Site.................................................................................................. 29 4.3 Principal Use Established ..................................................................................................................................................... 29 4.4 Moving and Demolition of Buildings ............................................................................................................................... 30 4.5 Grading and Levelling of a Site .......................................................................................................................................... 30 4.6 Sight (Site) Triangle ................................................................................................................................................................ 30 4.7 Restoration to a Safe Condition ......................................................................................................................................... 31 4.8 Water Supply and Waste Disposal ................................................................................................................................... 31 4.9 Flood Hazard.............................................................................................................................................................................. 31 4.10 Slope Instability ........................................................................................................................................................................ 32 4.11 Proximity to Railway .............................................................................................................................................................. 33 4.12 Municipal Facilities ................................................................................................................................................................. 34 4.13 Satellite Dish, Radio Tower, Television Antenna and Solar Energy Systems for Personal Use ............ 34 4.14 Outdoor Storage ....................................................................................................................................................................... 34 4.15 Day Care Centres ...................................................................................................................................................................... 34 4.16 Personal Care Home ............................................................................................................................................................... 35 4.17 Multi-Unit Dwellings .............................................................................................................................................................. 35 4.18 Dwelling Groups ....................................................................................................................................................................... 35 4.19 Approaches/Driveways ........................................................................................................................................................ 35 4.20 Discretionary Use Evaluation Criteria and Standards............................................................................................. 35 4.21 Bed and Breakfast.................................................................................................................................................................... 37 4.22 Home Based Business ............................................................................................................................................................ 37 4.23 Service Stations and Gas Bars ............................................................................................................................................ 38 4.24 Signs ............................................................................................................................................................................................... 38 4.25 Off-Street Parking and Loading ......................................................................................................................................... 40 4.26 Fences and Hedges .................................................................................................................................................................. 41 4.27 Swimming Pools ....................................................................................................................................................................... 41 4.28 Garden Suites ............................................................................................................................................................................. 42 Zoning Bylaw of the Town of Saltcoats 4 | P a g e 4.29 Secondary Suites ...................................................................................................................................................................... 42 4.30 Dog Exercise Areas/Runs ..................................................................................................................................................... 42 4.31 Accessory and Ancillary Buildings and Uses ............................................................................................................... 43 4.32 Shipping Containers ............................................................................................................................................................... 43 4.33 Dwelling Groups and Bare Land Condominiums ...................................................................................................... 45 4.34 Manufactured Homes ............................................................................................................................................................. 45 4.35 Move-In Residential Buildings ........................................................................................................................................... 45 4.36 Land Use Separations............................................................................................................................................................. 46 5 Zoning Districts ................................................................................................................................................................................... 47 5.1 Classification of Zoning Districts ...................................................................................................................................... 47 5.2 Zoning Bylaw Map ................................................................................................................................................................... 47 5.3 Boundaries of Zoning Districts .......................................................................................................................................... 47 6 Zoning District Schedules ............................................................................................................................................................... 48 6.1 R1 - Residential District ....................................................................................................................................................... 48 6.2 R1A - Lakeshore Residential District ............................................................................................................................. 52 6.3 C1 - Town Commercial District ......................................................................................................................................... 55 6.4 C2 - Highway Commercial District .................................................................................................................................. 59 6.5 I - Industrial District .............................................................................................................................................................. 62 6.6 UR - Urban Reserve District ............................................................................................................................................... 65 7 Appendix A - Zoning Bylaw Map of the Town of Saltcoats ............................................................................................... 66 Zoning Bylaw of the Town of Saltcoats 5 | P a g e 1 Introduction Under the authority of The Planning and Development Act, 2007 (the Act), the Council of the Town of Saltcoats (Town) in the Province of Saskatchewan, in open meeting, hereby enact as follows: 1.1 Title This Bylaw shall be known and may be cited as the Zoning Bylaw of the Town. 1.2 Scope This Bylaw pertains to all lands within the Town of Saltcoats. Development shall be permitted within the limits of the Town when it is in conformity with the provisions of this Bylaw. 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 Saltcoats in accordance with the Town's Official Community Plan (OCP) Bylaw. 1.3.2 The intent of the Zoning Bylaw is to provide for the amenity of the area within the Town of Saltcoats and for the health, safety and general welfare of the inhabitants of the Town 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 Severability If any section, clause or provision of this Bylaw, including anything shown on the Zoning Bylaw Map for the Town of Saltcoats is, for any reason, declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Bylaw as a whole or any part thereof, other than the section, clause or provision, including anything on the Zoning Bylaw Map for the Town, declared to be invalid. Zoning Bylaw of the Town of Saltcoats 6 | P a g e 2 Definitions Wherever in this Bylaw and the Official Community Plan, the following words or terms are used, they shall, unless the context otherwise provides, be held to have the following meaning: Accessory: A use, building, or structure, which is incidental and subordinate to, and is customarily associated with the principal use or building and is conducted on the same lot with the principal use or building. Act: The Planning and Development Act, 2007 as may be amended from time to time. Administrator: The Administrator for the Town of Saltcoats. Agricultural Holding: Total of all farmland owned by an agricultural operator but does not include hobby farms or country residential parcels. Alteration: Any structural change or addition made to any building. Ancillary: A use, structure, or building that is secondary and subordinate use to the principle use, which is specifically allowed, and may include an associated building that is specifically allowed pursuant to this Bylaw. Apartment: A building divided into three or more dwelling units, each of which is occupied or intended to be occupied as the permanent home or residence, not including a hotel or rooming house. Approved: Approved by the Council of the Town of Saltcoats. Awning: A canvas or similar flexible material stretched over a frame, plastic, vinyl or lightweight metal shelter projecting from a wall over a window or entrance to a building. Bare Land Condominium: A condominium divided into bare land units as defined in The Condominium Property Act, 1993. Bare Land Unit: A bare land unit as defined within The Condominium Property Act, 1993. Bed and Breakfast: A bed and breakfast facility in a single detached dwelling licensed as an itinerant use accommodation 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. Beverage Room: An establishment, licensed by the Province of Saskatchewan, in which alcoholic beverages are served for a fee for consumption on the premises and may include a licensed lounge that is ancillary to a restaurant. Food preparation or serving of food may be an accessory use to the drinking establishment but is subject to all applicable provincial regulations. Building: A structure used for the shelter or accommodation of persons, animals, goods or chattels. Zoning Bylaw of the Town of Saltcoats 7 | P a g e Building Bylaw: A bylaw of the Town of Saltcoats regulating the erection, alteration, repair, occupancy or maintenance of buildings and structures adopted pursuant to The Uniform Building and Accessibility Standards Act. Building Height: The vertical distance of a building measured from grade level to the highest point of the roof. Building Permit: A permit issued under the Building Bylaw of the Town of Saltcoats authorizing the construction of all or part of a building or structure. Building, Principal: The building in which is conducted the main or primary use of the lot 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 upon. Canopy: A non-retractable permanent roof like structure constructed of durable material extending from part or all of a building. Club: A service club or private club which involves recreational, social, cultural or athletic activities. Commercial Entertainment Establishment: A recreation or amusement facility operated as a business and open to the general public for a fee such as an amusement arcade, bowling alley, theatre, billiard parlor and bingo hall (where licensed by the Saskatchewan Liquor and Gaming Authority). 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. Community Centre: A facility operated by the Municipality or a non-profit organization for meetings, recreational activities and similar uses and open to the general public. Construction Trades: Offices, shops and warehouses, with or without associated retail sales, of plumbing, heating, electrical, carpentry, masonry, and other trades associated the construction of buildings. Council: The Council of the Town of Saltcoats. Day Care Centre: An establishment providing for the care, supervision and protection of children (or adults) though does not include the provision for 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. Zoning Bylaw of the Town of Saltcoats 8 | P a g e Development: The carrying out of the placement, removal, demolition, or construction of a building or structure. Development also includes excavation, landscaping, mining, or other operations in, on or over land, or the making of any material change in the intensity of use of any building or land. Development Officer: The officer of the Town of Saltcoats appointed to administer this Bylaw. Development Permit: A permit issued by the Town of Saltcoats or its designate that authorized development but does not include a building permit. Development Standard Interest: An interest registered on the title of a parcel that identifies a standard to which development on such parcel must adhere. Discretionary Use: A use or form of development specified in the zoning district which may be allowed at Council's discretion following application to, and approval by the Council and subject to specific development standards provided in this Bylaw and prescribed by Council. Dwelling: A building or part of a building intended for residential occupancy. Dwelling, Duplex A building that is divided into two (2) dwelling units with separate entrances and separated by a party wall. Dwelling Group Two (2) or more single detached, semi-detached or multiple unit dwellings located on a single site. Dwelling, Multiple (Multi-) Unit: A building divided into two or more dwelling units as defined here and shall include, amongst others, town or row houses and apartments as distinct from a rooming house, hotel or motel. 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 extending at least 30% of the depth of the structure from the front to rear building line. Dwelling, Single- Detached: A building containing only one dwelling unit and shall not include a manufactured home as herein defined. Zoning Bylaw of the Town of Saltcoats 9 | P a g e Dwelling, Town or Row House A type of multiple unit dwelling containing three (3) or more dwelling units with a common party wall extending from the base of the foundation to the roofline extending at least 30% of the depth of the structure from the front to rear building line. Dwelling Unit: One or more habitable rooms used, or fully capable of being used as a residence, where each unit provides sleeping, cooking and sanitary facilities. Family Child Care Home: A child care facility located in a building where the principal use is a dwelling unit and which is licensed by the Province of Saskatchewan pursuant to The Child Care Act. Fence: An artificially constructed barrier erected to enclose or screen areas of land. Flood: A temporary rise in the water level that results in the inundation of areas not ordinarily covered by water. 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. Flood Plain Means the area prone to flooding from a water body or watercourse that compromises the combined area of the flood way and flood fringe. Flood Proofing: Any combination of structural and non-structural additions, changes or adjustments to structures or land that will significantly reduce or eliminate flood Zoning Bylaw of the Town of Saltcoats 10 | P a g e damage to real estate or improved real property and their contents up to and including the design flood level plus a freeboard of 0.5 metres (1.64 feet). Flood Way: The portion of the flood plain adjoining the channel where the waters of the 1:500 year flood are projected to meet or exceed a depth of one metre or a velocity of one metre per second. Floor Area: The maximum habitable area contained within the outside walls of a building, excluding in the case of a dwelling any attached garage, porch, veranda, sunroom, unfinished attic, or unfinished basement. Frontage: The length of the site line front; however in the case of a corner lot the shorter of the sides shall be the frontage. Future Land Use Map: A map which denotes current or future land use or policy areas. The Future Land Use Map for the Town of Saltcoats is attached as Appendix "A" in the Official Community Plan. Garage, Private: A building or part of a building used 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 but does not include car washing establishments, an auto sales lot or an automobile service station. Garage, Temporary: A temporary prefabricated shelter constructed with a metal or plastic frame and covered with a tarpaulin or other similar type of fabric or plastic cover used primarily for the storage of vehicles or other equipment accessory. 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. Gross Floor Area: The total floor area in a principal building or structure measured between the exterior faces of the exterior walls of the building or structure at the level of each story below, at, and above grade, excluding attics, balconies, boiler rooms, Zoning Bylaw of the Town of Saltcoats 11 | P a g e electrical or mechanical rooms, and basement areas used exclusively for parking or storage. 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. Height Of The Sign: The vertical distance measured from the highest point of the sign to grade level at the centre of the sign. Heritage Resource: The history, culture and historical resources of an area and its residents. Highway Commercial: Commercial activities normally located along highways, major roadways and in other locations considered strategic by the type of business involved serving the needs of local residents and the traveling public. Highway Sign Corridor: A strip of land parallel and adjacent to a provincial highway; where private signs may be permitted to advertise goods and services of local area businesses and attractions, as provided by regulations of the Department of Highways entitled The Provincial Highway Sign Control Regulations, 2012 as may be amended from time to time. Home Based Business: A business, occupation, trade, profession or craft customarily conducted entirely within a residential building or accessory building by the inhabitants of the dwelling, and where the use is clearly ancillary and secondary to the residential use and does not create or become a public nuisance as a result of noise, traffic, pollution, or parking. Hotel: A building or structure or part of a building or structure in which sleeping accommodation with or without meals is provided for tourists or travelers, and where a guest register or record is kept, but does not include a motel or rooming house. Landscaping: Alteration to the original or natural vegetation of a site through addition, rearrangement, or change for decorative purposes. It shall include site grading, walkways, driveways, parking areas, patios, placement of topsoil, grass, trees and similar features. Lane: A secondary public thoroughfare intended primarily to give access to the rear or side of the abutting property. Lot: An area of land with fixed boundaries and that is of record in the Land Titles Office by Certificate of Title. Zoning Bylaw of the Town of Saltcoats 12 | P a g e Lot Coverage: The percentage of the area of a lot that is covered by all primary, accessory and ancillary use buildings or structures. Lot Line, Front: The line that divides the lot from the street. In the case of a corner lot the front lot line shall be the line separating the narrowest street frontage of the lot from the street. Lot Line, Rear: The line at the rear of the lot and opposite the front lot line. Lot Line, Side: A lot line other than a front or rear lot line. Manufactured Home: A prefabricated building that conforms to the Canadian Standards Association # Z240 MH and: a) Used as a dwelling and is placed on a permanent foundation; b) Equipped with water faucets and shower, or other bathing facilities, that may be connected to a water distribution system; and c) Equipped with facilities for washing and water closet, or other similar facility that may be connected to a sewage system. d) Is built upon a steel deformation-resistant frame/chassis which allows it to be relocated as a unit from time to time. Manufactured Home Site: An area of land, typically within a manufactured home park, that is intended to be occupied by one mobile home, and for exclusive use of its occupants, with access to a driveway or a public street. Mayor: The Mayor of the Town of Saltcoats. Mini Mall: A single story structure, including a strip mall, in which a minimum of two of the permitted and discretionary uses of the zoning district are located together, each use having a separate entrance to the outside, and having a gross floor area of less than 3,000 square metres (3,587 square yards). Minimum Building Elevation: The Minimum Building Elevation (MBE) is the lowest permitted elevation of the top of any concrete pads, grade beams, piles or foundation walls. The MBE is determined from a site specific assessment conducted by a qualified professional engineer or the Water Security Agency. Minister: The member of the Executive Council to whom, for the time being, is assigned the administration of The Planning and Development Act, 2007. Modular Home: A residential dwelling that is constructed off site in a yard or factory, in one or more sections, transported to a site for permanent installation on a permanent foundation (may have a basement), having architectural features similar to permanent residential dwelling built on site in the Town, and conforming to the Canadian Standards Association (CSA) # A277. Zoning Bylaw of the Town of Saltcoats 13 | P a g e Motel: A building or group of buildings on a site designed and operated to provide temporary accommodation and contains separate sleeping units, each of which is provided with an adjoining conveniently located parking stall. Move-In (MI) Residential Building: A single detached dwelling and/or private garage accessory thereto constructed off site which is being relocated to a new site in the municipality. A Move-in residential building has been used previously as a residential building. Municipality The Town of Saltcoats unless otherwise specified. Non-Conforming Building: A building: a) That is lawfully constructed or lawfully under construction, or with respect to which all required permits have been issued, at the date a Zoning Bylaw or any amendment to a Zoning Bylaw affecting the building or land on which the building is situated or will be situated becomes effective; and b) That on the date a Zoning Bylaw or any amendment to a Zoning Bylaw becomes effective does not, or when constructed will not, comply with the Zoning Bylaw. Non -Conforming Site: A site, consisting of one or more contiguous parcels, that, on the date a Zoning Bylaw or any amendment to a Zoning Bylaw becomes effective, contains a use that conforms to the Bylaw, but the site area or site dimensions do not conform to the standards of the Bylaw for that use. Non-Conforming Use: A lawful specific use: a) Being made of land or a building or intended to be made of land or of a building lawfully under construction, or with respect to which all required permits have been issued, at the date the Zoning Bylaw or any amendment to the Zoning Bylaw affecting the land or building becomes effective; and b) That on the date the Zoning Bylaw or any amendment to the Zoning Bylaw becomes effective does not, or in the case of a building under construction or with respect to which all required permits have been issued will not, comply with the Zoning Bylaw. Parking Space: A space for the parking of one (1) vehicle within a building, or parking lot with unobstructed access to the adjacent road. Patio: Any hard surface or floor structure less than 0.3 metres (1 ft.) above the average ground level upon which is constructed Zoning Bylaw of the Town of Saltcoats 14 | P a g e Permanent Foundation: Any concrete pads, pilings made of any material, pony walls or other support structures made of concrete, wood, steel or other metal, placed on or in the ground where a building will be constructed or installed. Personal Care Home: An institutional facility licensed under The Personal Care Homes Act that provides long term residential, social and personal care, including accommodation, meals, supervision or assistance for persons who have some limits on ability for self-care, and are unrelated to the operator or owner. Personal Service Establishment: A development used for the provision of personal services to an individual which are related to the care and appearance of the body, or the cleaning and repair of personal effects, including barbershops, hairdresser, beauty salons, tanning salons, tailors, dressmakers, laundromats, shoe repair shops, photographers, but excluding any adult or sexually explicit services. Permitted Use: A use or form of development other than a discretionary use specifically permitted in the zoning district and subject to the regulations of the zoning district. Public Works/Utility: A system, works, plant, equipment or service, whether owned or operated by or for the Municipality, or by a corporation under agreement with the Municipality, or under a federal or provincial statute, which furnishes any of the following services and facilities to the residents of the Municipality: a) Systems for the production, distribution or transmission of electricity; b) Systems for the distribution, storage, or transmission of natural gas or oil; c) Facilities for the storage, transmission, treatment, distribution or supply of water; d) Facilities for the collection, treatment, movement or disposal of sewage and garbage; e) Telephone or light distribution lines; f) Microwave and cell phone tower communication facilities; g) Facilities for optical cable, or cable television services. Real Property Surveyor's Report: A report prepared by a certified Saskatchewan Land Surveyor, certifying the accurate location of the foundation, and, where applicable, that the proposed elevation of all floors, including basements, is above the Minimum Building Elevation as defined herein. 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 buildings and structures; though does not include the racing of animals or motorized vehicles. Zoning Bylaw of the Town of Saltcoats 15 | P a g e Recreation Vehicle: A vehicle used for personal pleasure or travels by an individual or family which may or may not be towed behind a principal vehicle. Notwithstanding the generality of the above a recreational vehicle includes motor homes, camper trailers, truck campers, 5th wheels and tent trailers. 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 takeout food function provided that such a facility is clearly secondary to the primary restaurant use. Retail Store: Establishments engaged in selling goods or merchandise to the general public for personal or household use; and rendering services incidental to the sale of goods such as groceries, hardware, dry goods, sporting goods, novelties, jewellery, household appliances, books and magazines. Retaining Wall: A wall constructed of concrete, steel, treated wood, stone, masonry or a combination thereof, designed to support, confine, retain, or keep in place earth or aggregate material. The height of a retaining wall is determined by measuring the vertical distance between undisturbed soil and the top of the retaining wall. Slope alterations shall be considered a retaining wall where the altered slope exceeds 45 degrees. Rooming House A building that is the primary residence of the owner and in which rooming units are provided by the owner, for permanent occupancy and compensation, to persons not related by blood, marriage, or adoption to the owner. RTM (Ready to Move) Home: A new single detached dwelling constructed off-site to National Building Code or CSA-A277 standards to be moved onto a new permanent residential site building foundation. Satellite Dish: A parabolic antenna utilized for the reception of satellite transmitted television or radio waves. Zoning Bylaw of the Town of Saltcoats 16 | P a g e Service Station: A building which is a principal use on a site or a structure which is an accessory use in a clearly defined space on a site; where gasoline or other motor fuels are kept for sale and delivery directly into a motor vehicle, and where the service station is a principal use on the site, it may also include the servicing and repairing of motor vehicles. Setback: The distance required to obtain the front yard, rear yard or side yard provisions of this Bylaw. 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. It includes but is not limited to intermodal shipping containers (sea can), the body of transport trailer or strait truck box but does not include a motor vehicle. Sight (Site) Triangle: The area at the intersection of two streets, the intersection of a driveway and a street, or the intersection of an alley and a street. In this triangular area, a clear zone must be maintained to minimize obstructions to view. This can affect the permitted height and location for improvements such as fences, buildings, landscaping or signs. Zoning Bylaw of the Town of Saltcoats 17 | P a g e Sign: Any device, letter, figure, symbol, emblem or picture, which is affixed to or represented directly or indirectly upon a building, structure or a piece of land and which 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 or thoroughfare. Sign, Billboard: A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the site on which the sign is located. Sign, Construction: A temporary sign erected by a person or company on the premises undergoing construction, identifying pending development and information relating to construction process, labour services, materials or financing, name of building, as well as the owner and participants in the development project, but not including the advertisement of any products. Sign, Directional: Any sign: a) Displaying safety or warning messages; b) Directing traffic or providing parking directions; and c) Giving instructions, directions or orders to persons making use of premises. Sign, Face: The entire area of a sign on which a copy could be placed. In the case of multi- faced signs, each facial side of the sign shall be included in determining the total sign surface area. In the case of a painted wall sign the smallest geometric figure which describes the area enclosed by the sign face. Sign, Facial Area: The entire surface area of a sign or, in the case of a painted wall sign, the smallest geometric figure which describes the area enclosed by the sign face. Sign, Free Standing: A sign structurally supported by one or more up-rights or braces placed in the ground and not attached to any building. Sign, Identification: A sign which is limited to the name, address and number of a building, institution or person and to the activity carried on in the building or in the institution, or the occupation of the occupant. Sign, Mobile: A free-standing sign which is capable of being relocated and which may have lettering that can be changed manually, but does not include vehicles and trailers not originally designed as a sign, but which have been converted or used for that purpose. Sign, Real Estate: A temporary sign that advertise for sale, rent, or lease the land, property or premises on which the sign is displayed. Sign, Temporary: A sign advertising a message applicable for a defined period of time and not exceeding six (6) months. Sign, Wall: A sign attached to or painted on the wall of a building or structure or its fascia in such a manner that the wall is the supporting structure for or forms the background surface of the sign and which does not project more than 0.5metres (1.64 feet) from such building or structure. Zoning Bylaw of the Town of Saltcoats 18 | P a g e Site: One (1) or more contiguous lots under one ownership and used, or intended to be used, by a single principal use or principal building. The shared lot boundary can be ignored for the purpose of minimum side or rear yard setbacks. Site Coverage: The percentage of the site area covered by all the buildings and structures above the ground level including decks, patios, swimming pools and other similar accessory uses. Site Line, Front: The boundary that divides the site from the street, in the case of a corner site, the front site line shall mean the boundary separating the narrowest street frontage of the site. Site Line, Rear: The boundary at the rear of the site and opposite the front site line. Site Line, Side: A site boundary 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. Solar Energy System: Any solar collector panel, film, shingle, or other solar energy device or solar structural component mounted on a building or on the ground and including other appurtenant structures and facilities, whose primary purpose is to provide for the collection, storage, and distribution of solar, or radiant, energy received from the sun to provide electrical power for use on-site (either behind the metre or off- grid). Special Care Home: An institutional facility licensed pursuant to The Regional Health Services Act which provides full-time convalescent or chronic care to persons who, by reason of advanced age, chronic illness or infirmity are unable to care for themselves, including nursing homes. Street: A public thoroughfare which affords the principal means of access to the abutting property. Structural Alteration: The construction or reconstruction of supporting elements of a building or other structure. Structure: Anything that is built, constructed or erected, located on the ground, or attached to something located on or in the ground. Structure, Temporary: Anything that is built, constructed or erected, located on the ground or attached to something located on the ground but that may be relocated or moved and is not of a permanent nature. Suite, Garden 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 residence and is intended to allow the family to live independently but with the support nearby of the extended family. It is not considered a general accessory use. Suite, Secondary A self-contained dwelling unit that is an accessory to, and located within, a building in which the principal use is a single detached dwelling, semi-detached dwelling, or two-unit dwelling. Zoning Bylaw of the Town of Saltcoats 19 | P a g e Town: Town of Saltcoats Units of Measure: Units of measure in this Bylaw are metric abbreviated as follows: - m - metre(s) - m2 - square metres(s) - km - kilometres - ha - hectare(s) Use: The activity or purpose for which any land, building, structure, premises or part thereof is arranged, designed, intended, occupied or maintained. Yard: Any part of a lot unoccupied and unobstructed by any principal building. Yard, Front: A yard extending across the full width of a lot between the front lot line and the nearest main wall of the principal building or structure on the lot. Yard, Rear: A yard extending across the full width of the lot between the rear lot line and the nearest main wall of the principal building or structure on the lot. Yard, Required: The minimum size of a front, side or rear yard required under this Bylaw. Yard, Side: A yard extending from the front yard to the rear yard between the side lot line and the nearest wall exclusive of the eaves of the principal building on the lot. Zoning District: A specifically delineated area of the municipality within which certain uniform requirements and regulations, various combinations thereof, govern the use, placement, spacing and size of land or structures. Zoning Bylaw of the Town of Saltcoats 20 | P a g e 3 Administration 3.1 Development Officer 3.1.1 The Town Administrator, shall be the Development Officer responsible for the administration of this Bylaw unless another designate has been appointed by Council by resolution. 3.1.2 The Development Officer shall: a) Maintain, for inspection by the public during office hours, a copy of the Official Community Plan and Future Land Use Map, this Bylaw, zoning map(s) and amendments, and ensure that copies are available to the public at a reasonable cost; b) Collect development fees, where established in this bylaw or by separate fee bylaw of the Town; c) Be authorized to finalize and issue decisions on development permits for permitted uses. d) Perform other duties as determined by Council. 3.1.3 The Development Officer shall receive, review and forward to Council: a) Development permit applications for discretionary uses; b) Applications to amend the Official Community Plan or the Zoning Bylaw; c) Subdivision applications; d) Development levy and servicing agreements; e) Applications for minor variances. 3.2 Council 3.2.1 Council shall make all decisions regarding discretionary uses, minor variance applications, development and servicing agreements and amendments to the Official Community Plan or Zoning Bylaw. 3.2.2 Council shall make a recommendation regarding all subdivision applications circulated to it by the Saskatchewan Ministry of Government Relations within the specified time period. 3.2.3 Council shall act on discretionary use, rezoning, and subdivision applications in accordance with the procedures established by The Planning and Development Act, 2007 and in accordance with the Official Community Plan, and this Zoning Bylaw. 3.3 Interpretation 3.3.1 Where any provision of this Bylaw appears unclear, Council shall make the final Bylaw interpretation. 3.4 Bylaw Compliance 3.4.1 Errors or omissions by any person administering or required to comply with the provisions of the Bylaw do not relieve any person from liability for failure to comply with the provisions of this Bylaw. Zoning Bylaw of the Town of Saltcoats 21 | P a g e 3.5 Application for a Development Permit 3.5.1 Unless the particular development or use is exempt from development permit requirements, no person shall commence a development without first obtaining an approved development permit. 3.5.2 An application for a development permit shall be in the form prescribed by the Development Officer and shall include the following, unless exempt by the Development Officer: a) A description of the existing and intended use or development including any change in building use or land use b) Legal land description c) The signature of the applicant and the registered landowner(s) d) A copy of the Certificate of Title e) Estimated commencement and completion dates, including phasing if applicable f) Source of water supply and method of treatment g) Method of sewage disposal h) Floor plans and elevations of the proposed development (which will be kept at the Municipal Office for future reference) i) Any additional information deemed necessary by the Development Officer or Council which may include, but is not limited to, technical reports identifying water and wastewater service requirements and impacts, traffic impacts, environmental impacts, topographical information, slope instability, and flood risk. j) An attached site plan, which shall include the following unless exempt by the Development Officer: 1) All adjacent roads, highways, service roads and access to the site (label on site plan) 2) Right-of-ways and easements (gas, oil, power, etc.) 3) All drainage courses 4) Existing development on the site 5) Location of the proposed buildings and uses on the site 6) Landscaping (existing trees, removal of trees, proposed plantings, berms, water features, etc.) 7) Setbacks to property line, road and services 8) Top of bank and bodies of water 9) Existing and proposed services: well or cistern, waterline, sewage disposal, etc. 10) Sign location and details like artwork, colors, size, lights, etc. 11) Site topography and special site conditions, which may require a contour map with elevations 12) Parking and loading facilities 13) Sidewalks, patios, playgrounds 14) Scale and north arrow Zoning Bylaw of the Town of Saltcoats 22 | P a g e 3.6 Development Not Requiring a Permit 3.6.1 A development permit is not required for the following, provided all other provisions and regulations of this Bylaw are met: a) The maintenance and construction, or installation of a public utility or road work by the Municipality or Crown Corporation; b) A municipal facility, building, or structure; c) Maintenance and repairs that do not include structural alterations; d) The installation of fences 1 m (3.28 ft) in any front yard, and 2 m (6.56 ft) in any other required yard; e) Accessory buildings 9.3 square metres (100 square feet) or under; f) Official temporary uses includes the use of all or part of a building as a temporary polling station, returning officer's headquarters, candidates campaign offices and any other official temporary use in connection with a federal, provincial or municipal election, referendum or census; and, g) Landscaping provided the natural or designed drainage pattern is unaltered and does not adversely impact adjacent lands. Does not include retaining walls greater than 1 m (3.28 ft) in height. h) Signs in residential districts which conform to Section 4.24. 3.7 Development Permit Procedure 3.7.1 Applicants must file, with the Development Officer, the prescribed application form, a site plan, any other plans, and supplementary information as required by the Development Officer and pay the required fees. 3.7.2 The Development Officer will review applications for compliance with all applicable regulations in this Bylaw and the policies contained in the Official Community Plan. 3.7.3 Prior to finalizing a decision, the Development Officer may refer the application to any government agency or interested group Council or the Development Officer deem appropriate. The Development Officer or Council may also require the application to be reviewed by engineering, planning, legal, or other professional, the cost of such review shall be borne by the applicant. Conditions may be attached to a development based on any professional review and recommendations. 3.7.4 Permitted Uses a) The Development Officer is authorized to finalize and issue a decision on a development permit application for a permitted use. The Development Officer may refer any application to Council for review and direction, when the Development Officer considers it necessary. b) There is no required public notice for permitted use development permit applications. c) The Development Officer will issue a development permit, in writing, when the application meets the requirements of the Zoning Bylaw. The permit shall incorporate any special regulations, performance standards, or development standards authorized by this Bylaw or the Official Community Plan. The applicant shall be advised of their right to appeal any terms and conditions identified. d) The Development Officer will issue a refusal, in writing, when the application does not comply with the requirements of this Bylaw. The Development Officer shall provide written notice to the Zoning Bylaw of the Town of Saltcoats 23 | P a g e applicant stating the reason for refusal and the applicant's right of appeal to the Development Appeals Board. 3.7.5 Discretionary Uses a) The Development Officer shall prepare a report for submission to Council on discretionary use development permit applications once all information and fees requested by the Development Officer have been received. The report shall consider compliance with the Official Community Plan and Zoning Bylaw, evaluation criteria and development conditions. The report shall include all relevant materials and referral comments. b) The Development Officer shall set a date for the meeting at which the discretionary use development permit application will be considered by Council. c) At least 7 days before the application is to be considered by Council, the Development Officer shall provide written notice for the discretionary use application. The written notice shall be provided to the assessed owners of property within 75 metres (246 feet) of the boundary of the applicant's land and any other owners the Development Officer deems may have an interest in the land. d) Council is responsible for finalizing a decision on a development permit application for a discretionary use. Council's decision on the discretionary use will be based on the policies in the Official Community Plan, the provisions in this Zoning Bylaw, the report prepared by the Development Officer, and any written or verbal submissions received by Council. e) Council shall finalize a decision, by resolution, to approve the application with or without conditions or refuse the application. Council's decision shall instruct the Development Officer to: 1) Issue a development permit, in writing, incorporating any development standards set by Council, where the development complies with the criteria and standards of the Zoning Bylaw and Official Community Plan; or 2) Where the development does not meet the required criteria and standards, issue a notice of refusal in writing to the applicant stating the reason for the refusal and referencing the discretionary use criteria the applicant did not meet. 3.7.6 Applicants shall be provided written notice of the decision by regular mail addressed to the applicant at the address shown on the application form. Where the development application is approved with conditions, the written notice shall include the applicant's right to appeal any terms and conditions identified. 3.7.7 Where Council deems it necessary to monitor and re-evaluate a proposal, a development permit may be issued for a specified period of time. The applicant may apply for a permit extension or a new development permit near the expiration of the original development permit. 3.7.8 Real Property Surveyors Report (RPSR) a) As a condition of a development permit and for all new residential dwelling development, following foundation construction and prior to any further building or development, a RPSR shall be required confirming placement of the development as granted in an approved permit, and, where applicable, that minimum flood-proofing requirement(s) or elevation has been achieved, or any other matter specified in a development standard or development permit condition. b) The provision of the RPSR and any costs are the sole responsibility of the applicant. Zoning Bylaw of the Town of Saltcoats 24 | P a g e 3.8 Development Permit Validity 3.8.1 Unless otherwise prescribed in this bylaw and stated on the permit decision, a development permit is valid for a period of 12 months. 3.8.2 The Development Officer shall advise a proponent that a development permit is considered invalid, or will be revoked, and a new approval required when: a) The approved use ceases and is replaced by another use. b) The development or use is not commenced within 12 months of the date of issuance. c) The development is deemed to be undertaken in contravention of this Bylaw, the development permit, or specified development standards, agreements, or caveats. 3.9 Development Permit Cancelation 3.9.1 The Development Officer shall advise a proponent that a development permit is canceled, and a new approval required: 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. c) When a developer requests a development permit modification. 3.10 Development Appeals Board 3.10.1 Council shall appoint a Development Appeals Board (the Board) within 90 days of adopting this Bylaw in accordance with Sections 214 to 218 of The Planning and Development Act, 2007. 3.10.2 The composition of the Board, the secretary, remuneration and expenses, duties and responsibilities shall be as per Council's policy, which shall be adopted by resolution. 3.10.3 Section 219 of The Planning and Development Act, 2007, provides the right to appeal where there is: a) An alleged misapplication of the Zoning Bylaw in the issuance of a development permit; b) A refusal to issue a development permit because it would contravene the Zoning Bylaw; or c) An order issued to the owner, operator, or occupant of the land, buildings, or premises pursuant to subsection 242(4) of the Act. d) The standards and conditions issued in conjunction with an approval subject to Section 58 of the Act. e) Any other prescribed matter under the Act. 3.10.4 As per section 219 of The Planning and Development Act 2007, the Board does not have the authority to hear an appeal when: a) An application for a discretionary use is refused; b) Council refuses to amend the Zoning Bylaw or rezone land; or c) A decision regarding a subdivision application is refused. Zoning Bylaw of the Town of Saltcoats 25 | P a g e d) An application is not a permitted use or a permitted intensity of use. e) An application is a discretionary use or a discretionary intensity of use that has not been approved by resolution of Council; or f) An application is a prohibited use. 3.10.5 Anyone initiating an appeal must send a written notice of appeal to the secretary of the Board within: a) 30 days of the Development Officer's decision being issued; b) 30 days of the failure of Council to make a decision regarding a development permit application where it has been received in its complete and final form; c) 30 days of receiving a permit with terms and conditions (only the conditions can be appealed); or d) Thirty 30 days under The Planning and Development Act, 2007, of an order being served to repair or correct contraventions. e) The fee for an appeal shall be set by the Board to a maximum prescribed under the Act. 3.11 Minor Variances 3.11.1 Council may vary the requirements of the Bylaw for the: a) Minimum required distance of a building from the lot line; or b) Minimum required distance of a building to any other building on the lot. 3.11.2 An application for a minor variance shall be made to the Development Officer in a form as prescribed by the Development Officer. The Development Officer will forward the application to Council for a decision. 3.11.3 The maximum amount of variance shall not exceed 10% from the requirements established in this bylaw. 3.11.4 The development must conform to all other land use requirements established in this Bylaw. 3.11.5 The relaxation of the Zoning Bylaw shall not injuriously affect neighbouring properties. 3.11.6 A minor variance must conform to any applicable provincial land use policies or Statements of Provincial Interest, adopted pursuant to The Planning and Development Act, 2007. 3.11.7 On receipt of an application for a minor variance, Council 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. 3.11.8 Where Council imposes terms and conditions on an approval, the terms and conditions shall be consistent with: a) Minimizing adverse impacts on neighbouring properties, including any potential change in fire rating requirements. b) Providing adequate separation between buildings for safety reasons. Zoning Bylaw of the Town of Saltcoats 26 | P a g e c) Avoiding encroachment into adjoining property, by reduction of allowable projections or other potential encroachments. 3.11.9 If the application is approved by Council, with or without conditions, the Development Officer shall provide written notice, delivered by registered mail, to the applicant and to the assessed owners of property with a common boundary with the applicant's land. The notice shall: a) Include a summary of the application for minor variance; b) Provide a reason for and an effective date of the decision; c) Indicate that an adjoining assessed owner may within 20 days, submit a written objection with the Development Officer; and d) Where written objection is received by the Development Officer, advise that the applicant will be notified of the right of appeal to the Development Appeals Board. 3.11.10 A decision approving a minor variance, with or without terms and conditions, does not take effect: a) In the case of a notice sent by registered mail, until 23 days from the date the notice was mailed; or b) In the case of a notice that is delivered by personal service, until 20 days from the date the notice was served. 3.11.11 If an assessed owner of property having a common boundary with the land that is the subject of the application, objects in writing to the Municipality respecting the approval of the minor variance within the time period prescribed the approval is deemed to be revoked and the Development Officer shall notify the applicant in writing: a) Of the revocation of the approval; b) Of the applicant's right to appeal the revocation to the Development Appeals Board within 30 days of receiving the notice. 3.11.12 If an application for a minor variance is refused, or approved with terms and conditions, the applicant may appeal the refusal to the Board within thirty 30 days of that decision. 3.11.13 The Development Officer shall maintain a complete and current record of all applications and decisions for minor variances. 3.12 Non-Conforming Uses, Buildings and Sites 3.12.1 Non-conforming uses, non-conforming buildings and non-conforming sites shall be subject to Sections 88 - 93 inclusive of the Act. 3.12.2 All bylaw requirements shall be based on the stated metric units. The imperial units shown in this Bylaw shall be approximate guidelines only. 3.12.3 Existing development or sites shall not be deemed non-conforming due to non-compliance with the metric units used in this Bylaw where such non-conformity results solely from the conversion of imperial units to metric units. 3.12.4 Any parcel, lot, or site which does not conform to the minimum site area requirement but existed in the Land Titles Office prior to the coming into force of this Bylaw shall be deemed conforming with regard to site area. Buildings and structures housing the established principal use may be modified Zoning Bylaw of the Town of Saltcoats 27 | P a g e and intensified subject to adherence to the applicable regulation(s) of the Zoning District in which they are located, where there is no increase to the degree of non-conformity, and where there is no change in principal use. 3.13 Amendments 3.13.1 Any person seeking to amend this Zoning Bylaw and/or the Official Community Plan must apply for an amendment to the Development Officer in the form prescribed by the Development Officer. The Development Officer shall review the application and then refer the amendment request to Council for consideration. 3.13.2 The amendment application may be subject to fees established in this bylaw or by a separate municipal fee bylaw. 3.13.3 The procedures for public notification and public participation during the bylaw amendment process shall be in accordance with the Act. 3.13.4 Council shall consider zoning amendments to accommodate proposals only when specific development proposals, subdivision applications, servicing agreements, and other information, as the case may be, have been presented to and reviewed by Council. 3.14 Servicing Agreements and Development Levies 3.14.1 Council may require a subdivision applicant to enter into a Servicing Agreement or development permit applicant to enter into a Development Levy agreement to ensure conformity with the Official Community Plan and Zoning Bylaw and to ensure adequate funding for on-site and off-site infrastructure development as allowed for in The Planning and Development Act, 2007. 3.14.2 Council may create and adopt a development levy bylaw to provide guidance when entering into development levy agreements. 3.14.3 Council may require the applicant to post and maintain a performance bond, irrevocable letter of credit or similar legal mechanism to ensure performance and to protect the public interest. 3.14.4 Council will require the applicant to provide and maintain liability insurance to protect the applicant, Municipality and the public. 3.14.5 Council will ensure there is adequate municipal infrastructure and other public facilities prior to entering into the Agreement with the applicant, which may include sewage disposal, garbage disposal, availability and adequacy of source of water, recreational facilities, etc. 3.15 Fees and Advertising 3.15.1 When an application is made for a development permit, a minor variance or an amendment to the planning bylaws, the applicant making the request shall bear the actual cost of advertising, as permitted by the Act and as per any fee bylaw of the municipality. 3.15.2 Pursuant to Section 51 of the Act, the Municipality may adopt a separate fee bylaw. Such a bylaw establishes a schedule of fees to be charged for matters related to planning and development. Zoning Bylaw of the Town of Saltcoats 28 | P a g e 3.15.3 Council may undertake any additional public consultations that it considers necessary respecting a proposed amendment to a planning bylaw. 3.16 Enforcement, Offences and Penalties 3.16.1 Any person who violates this Bylaw is guilty of an offence and liable on summary conviction to the penalties outlined in Section 243 of the Act. 3.16.2 Where the Development Officer has reasonable grounds to believe that development of property contravenes any provision of the Zoning Bylaw, the Development Officer may at a reasonable time, and with the consent of the owner, operator, or occupant, or having been refused consent, with a warrant, enter any land, building, or premises for the purpose of inspection. 3.16.3 Order by the Development Officer a) Where the Development Officer has determined that a violation of this Bylaw has occurred, the Development Officer may issue an order to correct the violation pursuant to Section 242 of the Act. b) The order shall specify the contravention, and may require the owner, operator, or occupant to do any or all of the following: 1) Discontinue the development; 2) Alter the development so as to remove the contravention; 3) Restore the land, building or premises to its condition immediately prior to the development or form of development; 4) Complete the work necessary to comply fully with the zoning bylaw. c) The order shall specify the time when the actions required are to be complete and shall advise of the rights of appeal. d) The Development Officer may register an interest against the title of the property, based on the order, and shall discharge interest once the order is complied with. e) The Development Officer may apply to the Court of King's Bench to enforce the order. Zoning Bylaw of the Town of Saltcoats 29 | P a g e 4 General Regulations and additional Evaluation 4.1 Licenses, Permits and Compliance with Other Bylaws and Legislation 4.1.1 In their interpretation and application, the provisions of this Bylaw shall be held to the be the minimum requirements adopted for the promotion of the health, safety and general welfare of the public. 4.1.2 Nothing in this bylaw shall exempt any person from complying with the Municipal Building Bylaw, or any other municipal bylaw. 4.1.3 In addition to the requirements of this bylaw, an applicant must comply with all federal and provincial legislation and regulations. 4.1.4 Where requirements in the bylaw conflict with those of any other municipal, provincial, or federal requirement, the more stringent regulation shall prevail. 4.1.5 A building permit, where required, shall not be issued for a development unless a required development permit has been issued. A building permit issued before a development permit is not valid until the required development permit has been issued. The Development Officer may issue a development permit and a building permit consecutively. 4.2 Number of Principal Buildings Permitted on a Site 4.2.1 Not more than one principal building or use shall be placed on any one lot, including lots that have been consolidated or parcel tied, with the exception of: Public utilities; Municipal uses; Institutional uses; Recreational facilities; Mini malls, strip malls and commercial shopping centres, Multiple unit dwellings and dwelling groups; Educational facilities; and Personal care homes. 4.3 Principal Use Established 4.3.1 In any zoning district, the principal use of the land must be established prior to any accessory buildings, structures, or uses being permitted, except for the following: Zoning Bylaw of the Town of Saltcoats 30 | P a g e a) Where a development permit has been issued for a principal building, Council may allow an accessory building to be developed if the accessory building is required for the storage of construction material and equipment. If the principal building is not completed within 12 months from the approval date, the accessory building shall be removed, unless Council has issued an extension. 4.4 Moving and Demolition of Buildings 4.4.1 No building shall be moved within, into, or out of the area covered by this Bylaw without first obtaining a development permit from the Development Officer. 4.4.2 No building shall be demolished without first obtaining a permit from the Development Officer in the form prescribed by the Development Officer. Demolition costs and permit fees shall be borne by the developer. 4.4.3 A permit for demolition shall not be issued unless an application for the interim or long-term use or redevelopment of the site is also submitted and approved. A separate development permit is required for the redevelopment of the site. 4.5 Grading and Levelling of a Site 4.5.1 A development permit is required for grading, levelling, filling and excavating. 4.5.2 Unless otherwise stated, any site proposed for development shall be graded and leveled, at the owner's expense, to provide for adequate surface drainage. Drainage shall not adversely impact slope stability or adjacent property and shall meet all requirements of the Municipality respecting design and location of flow from the property. Any drainage planning will be at the sole cost of the applicant. 4.5.3 All excavation or filling shall be re-vegetated, as soon as it is practicable after other construction activities permit, with a suitable ground cover as may be necessary to prevent erosion. 4.5.4 Prior to finalizing a decision on any proposed grading, levelling, filling or excavation, the applicant may be required to provide an impact assessment, geotechnical report, and/or drainage plan to be carried out by a qualified professional. The report should assess potential negative impacts to the development site and adjacent properties. Any mitigation measures identified by a professional may be attached as a condition of approval. 4.5.5 Vegetation and debris in the area to be re-graded must be removed from the site prior to site grading and leveling. All topsoil from an area that is to be re-graded must be stripped, stockpiled, and replaced on the regarded area, or re-located and shall not encroach on municipal roads or property. 4.6 Sight (Site) Triangle 4.6.1 Subject to the definition contained in this bylaw, the following uses are prohibited in a sight triangle: a) A building, structure, wall, fence, sign, hedge or shrub, or use which would obstruct the vision of drivers of motor vehicles. Zoning Bylaw of the Town of Saltcoats 31 | P a g e b) Parking. c) A fence or tree, hedge, bush or other vegetation, the top of which exceeds 1.0 metres (3.3 feet) in height above the elevation of the centre lines of abutting streets. Buildings or structures shall not be located within a sight triangle as defined by this bylaw, and shall supersede any specific yard requirement. 4.6.2 The following are allowed in any sight triangle: a) Government signage and government sign posts. b) Fire hydrants, benches and traffic control devices. c) Utility poles, and one utility transmission or control device. 4.7 Restoration to a Safe Condition 4.7.1 Nothing in this Bylaw shall prevent the strengthening or restoration to a safe condition of any building or structure, provided that such strengthening or restoration will not increase the height, area or volume so as to contravene the provisions of this Bylaw or the Act. 4.8 Water Supply and Waste Disposal 4.8.1 Where available, every residence, and every building requiring water supply and/or sewage disposal shall be connected to the municipal water and sewer systems at the owner's expense. 4.8.2 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 stream, creek, river, lake, pond, slough, intermittent drainage channel or other body of water, onto or beneath the surface of any land, or into any air. 4.8.3 No development or use of land, which requires solid or liquid waste disposal facilities shall be permitted unless those facilities are approved by the Saskatchewan Health Authority and/or the Water Security Agency. Disposal of any hazardous liquid, solid, or gaseous waste shall be governed by the applicable provincial agencies. 4.9 Flood Hazard 4.9.1 Where a development is proposed in an area identified within the Official Community Plan or Town planning mapping as being potentially hazardous, environmentally sensitive or adjacent to a body of water, the applicant will be required to submit sufficient supporting documentation as directed by the Town to determine if the proposed development is appropriate and/or above the MBE. Such proposals may be referred to federal or provincial departments or other relevant environmental agencies for comments prior to finalizing a decision. 4.9.2 Supporting information shall be in the form of a report, assessment, or other information suitable to Council or the Development Officer to confirm suitability, the cost of which shall be borne by the developer. Where technical information is required, the report or assessment shall be prepared by a Zoning Bylaw of the Town of Saltcoats 32 | P a g e qualified professional, and shall identify the suitability of the proposed development on the site with respect to: a) The potential for flooding, the location of the 1:500 flood elevation in relation to proposed development. Professionally-provided topographical information may be required. b) The suitability of the site for the proposed use or building, given the site constraints; c) Any other potential environmental hazards or limitations; and d) Actions to avoid, prevent, mitigate, or remedy hazards. 4.9.3 New buildings and additions to buildings shall be prohibited in the floodway of the 1:500 year flood elevation of any watercourse or water body. 4.9.4 New buildings and additions to buildings shall be flood proofed to an elevation of 0.5 metres (1.64 feet) above the 1:500 year flood elevation of any watercourse or water body. 4.9.5 For the purpose of this Bylaw, appropriate flood proofing measures shall mean: a) All buildings shall be designed to prevent structural damage by flood waters; b) The first floor of all buildings or the lowest potential point of entry shall be constructed above the designated flood design elevation; and c) All electrical and mechanical equipment within a building shall be located above the designated flood design elevation. 4.9.6 Actions identified in an assessment which prevent, change, mitigate or remedy hazards may be incorporated as conditions in the issuance of any development permit. A permit shall be refused for any development for which, in Council's (or the Development Officer's) opinion, the proposed actions are inadequate to address the adverse effects or will result in excessive municipal costs. 4.10 Slope Instability 4.10.1 New development will be prohibited in any readily eroded or unstable slope area if the proposed development may be affected by, or increase, the potential hazard presented by erosion or slope instability. 4.10.2 Where subdivision or development is proposed on or adjacent to lands which may be subject to potential hazard for reason of instability or erosion, the Development Officer may require the applicant to provide proof of suitability through geotechnical assessment as prepared by a professional geotechnical engineer licensed to practice in Saskatchewan. 4.10.3 The geotechnical information shall be at the cost of the developer and shall: a) Define the hazard area; b) Identify potential impacts to the proposed development and potential impacts to adjacent properties; Zoning Bylaw of the Town of Saltcoats 33 | P a g e c) Identify mitigation measures including engineered works and other measures deemed to be effective in eliminating or managing anticipated erosion and impacts to slope stability; d) Identify known or suspected residual hazards; and e) Provide clear direction from the qualified professional that they endorse the findings of their work. 4.10.4 A development permit shall not be issued unless the report indicates that the site is suitable for the development or outlines suitable mitigating measures and documents residual hazards. 4.10.5 If such an evaluation is not done, or having been done, Council determines that excessive remedial or servicing measures are necessary to safely and efficiently accommodate the proposed development, Council shall not be required to approve the application. 4.11 Proximity to Railway 4.11.1 The Guidelines for New Development in Proximity to Railway Operations shall be applied to all development in proximity to rail lines, facilities and operations. 4.11.2 New or expanded developments proposed in proximity to existing or proposed railway lines and/or railway operations and facilities shall be referred to the rail line company for review and comment. Consultation may include, but is not limited to: a) The location of the site in relation to the rail corridor; b) The nature of the proposed development; c) The frequency, types, and speeds of trains travelling within the corridor; d) The potential for expansion of train traffic within the corridor; e) Any concerns the railway company may have with the new development or with specific uses proposed for the new development; f) The ability to implement standard mitigation measures on the site; g) Any suggestions for alternate mitigation measures that may be appropriate for the site; h) Proposed storm water management and drainage; and i) The requirements to be applied to the project. 4.11.3 Any safety measures, nuisance mitigation measures, or other requirements of the rail company and the provincial government shall be a condition of development permit approval. The developer shall be responsible for any costs associated with such requirements. 4.11.4 As a condition of development permit approval, Council may require any additional safety measures or nuisance mitigation measures deemed necessary to protect people and property, the environment, and to prevent land use conflicts. Zoning Bylaw of the Town of Saltcoats 34 | P a g e 4.11.5 Safety measures and nuisance mitigation measures may include, but shall not be limited to: separation distances, berms, soundproofing, privacy fencing, and landscaping. 4.12 Municipal Facilities 4.12.1 Municipal offices, public works, facilities and buildings of the Municipality are permitted in any zone subject to the site regulations for public works in that zone (where applicable). Signs erected by the Municipality are permitted in any location in the Town and may be of any appropriate size as determined by Council. 4.13 Satellite Dish, Radio Tower, Television Antenna and Solar Energy Systems for Personal Use 4.13.1 The installation and operation of a satellite dish, radio tower, television antenna and solar energy systems for personal use, including, their supporting structure shall be permitted in all zoning districts subject to the following: a) It shall not encroach onto adjacent property lines or municipal roads; b) It shall not be located in any front yard or side yard. c) It's height shall be at the discretion of the Development Officer and/or Council and shall be based on the material of the structure, surrounding uses, the consistency with the surrounding lots and the requirements of the structure to function properly. 4.14 Outdoor Storage 4.14.1 In any residential district, only outdoor storage incidental to the principal use shall be permitted. 4.14.2 No outdoor storage shall be permitted in the required front yard of any lot. 4.14.3 As a condition of development permit approval, special standards for the location, setback or screening of any area devoted to outdoor storage may be required. 4.15 Day Care Centres 4.15.1 Privately run in-home daycares will be allowed as home-based businesses where accessory to a principal residential use. 4.15.2 In a 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. 4.15.3 Private in-home day cares shall be restricted to a maximum of six (6) children, subject to provincial legislation and requirements. 4.15.4 Daycare centres shall provide a fenced, on-site, outdoor play area. 4.15.5 All provincial regulations and requirements shall be met. Zoning Bylaw of the Town of Saltcoats 35 | P a g e 4.16 Personal Care Home 4.16.1 Personal care homes may be approved as an accessory use or a principal use, subject to provincial legislation and requirements. 4.16.2 In any residential district, no exterior alterations shall be undertaken to a dwelling or former dwelling, which would be inconsistent with the residential character if the building or property. 4.16.3 Required parking spaces may be located in the front yard of a site. 4.16.4 No building or structure used for the purpose of a personal care home shall be used for the purpose of keeping boarders or lodgers. 4.17 Multi-Unit Dwellings 4.17.1 A multi-unit dwelling shall comply with the minimum site area and yard setbacks as stated in the residential district. Council may apply special development standards regarding yard requirements to reduce conflict with neighbouring uses. 4.17.2 Council will consider the impacts and compatibility with surrounding adjacent land uses when considering a proposal for a multi-unit dwelling. 4.17.3 The use may include private open space and accessory buildings and structures for the residents of the development. Accessory buildings and structures shall be subject to the yard requirements of the zoning district. 4.18 Dwelling Groups 4.18.1 The site for a dwelling group may include common areas for open space, visitor parking, snow and solid waste storage, internal roadways, a building(s) or spaces for recreation for the use of the residents of the development, and other common uses. 4.18.2 Roads internal to the development shall have a minimum width of 7.5 metres (24.6 feet), or as determined by municipal and emergency services. 4.18.3 The size and location of the development will be consistent with the capacity of the street to accommodate the added development. The development shall not cause excessive traffic to pass through adjacent residential areas. 4.19 Approaches/Driveways 4.19.1 All approaches and driveways to public roads require the approval of the Municipality. 4.19.2 The developer will be responsible for approaches and driveways and all associated costs. 4.19.3 All approaches and driveways shall not negatively affect drainage patterns, traffic flow and sightlines. 4.20 Discretionary Use Evaluation Criteria and Standards 4.20.1 The following criteria must be considered in the review of all discretionary use applications, may be Zoning Bylaw of the Town of Saltcoats 36 | P a g e further supplemented within this section or within the applicable Zoning District: a) The proposal must be in conformance with all relevant sections of the Official Community Plan and Zoning Bylaw; b) There must be a demand for the proposed use in the general area, and a supply of land available and capable of supporting the proposed use. c) The proposal must be capable of being economically serviced with roads, water and sewer and other necessary utilities and community facilities. d) Adequate receptacles for refuse and litter shall be supplied. e) The proposal shall not be detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity or injurious to property, improvements or potential future development in the vicinity. f) The degree of potential land use conflict or potential nuisance introduced by the use, and measures to minimize conflict or nuisance. g) The proposal shall provide sufficient access and circulation for the vehicle traffic generated, as well as providing an adequate supply of on-site parking and loading spaces. Vehicle access points shall be provided in suitable locations so as to minimize traffic congestion and possible hazards. h) The proposal must provide sufficient landscaping and shall preserve existing vegetation where possible. i) The density, size, height and location of principal or accessory structures shall not detract from the character and amenity of the neighbourhood. 4.20.2 In approving any discretionary use, Council may prescribe specific development standards related to: a) Site drainage. b) The density, size, height and of buildings. c) Access to, as well as number and location of parking and loading facilities. d) Appropriate space for vehicle line ups for drive through commercial facilities in order to reduce disruption of traffic flows on adjacent roadways. e) Control of noise, light, glare, dust, odour, or emissions. f) Landscaping, screening and fencing to buffer adjacent properties. j) Any other matter prescribed in the Act. Zoning Bylaw of the Town of Saltcoats 37 | P a g e 4.21 Bed and Breakfast 4.21.1 Bed and Breakfast operations shall be located in a single detached dwelling, used as the operator's principal residence or in a building accessory to the principal residential use. 4.21.2 Bed and breakfast homes shall be permitted and licensed as required by any provincial agency or ministry and shall have a fire safety inspection report issued prior to occupancy as a bed and breakfast home. 4.21.3 In issuing approval for a bed and breakfast home, Council may specify the maximum number and specific location in the dwelling of approved guest rooms. Any increase in the number of guest rooms shall require a new discretionary use approval. 4.21.4 In addition to any off-street parking used for the operator of the facility, one off-street parking space shall be provided and available to the use of the guest for each guest bedroom in the bed and breakfast home. 4.21.5 Signs for a bed and breakfast shall comply with Section 4.24 of this Bylaw. 4.21.6 Council will consider applications with respect to the following criteria: a) The suitability and comfort of the building for the proposed development. b) There is adequate space on the site for the proposed facility; c) There are appropriate levels of access to the site. d) Off-street parking is available for the users of the facility and for the operator; e) The development is compatible with adjacent uses. 4.22 Home Based Business 4.22.1 Home based businesses require a development permit and any change in use or expansion will require a new development permit application. 4.22.2 Home based businesses shall be located in a dwelling used as the owner's residence, or in a building accessory to the dwelling. 4.22.3 A home based business shall clearly be secondary and ancillary to the principal residential use. 4.22.4 A home based business shall not cause a variation in the residential character and appearance of the dwelling, accessory residential building, or property. 4.22.5 A home based business shall be conducted entirely within the dwelling or accessory building. 4.22.6 A home based business shall not create any conflict with residential area in terms of the emission of noise, light, glare, dust, odour, radio interference, or disturbance between the hours of 10 p.m. and 7 a.m. 4.22.7 On-site parking shall be provided for any client and resident vehicles. There shall not be more than Zoning Bylaw of the Town of Saltcoats 38 | P a g e two client vehicles parked at any time. 4.22.8 The home occupation shall not have any outdoor storage or materials, or exterior variation from the residential character of the residence or its accessory building. 4.22.9 Persons employed by the home based business shall be full time residents of the dwelling. Council may, in its approval, provide for up to two other persons employed by the home based business where such persons are employed to work off-site. 4.22.10 A permit issued for home based businesses shall be subject to the condition that the permit may be revoked at any time if, in the opinion of the Council, the conditions under which the permit was originally issued are no longer met. Where a permit is revoked the use shall cease immediately. 4.22.11 The discretionary use approval for a home based business shall cease to be valid when the operation ceases or where the operator relocates to another site. A new discretionary use approval is required before the home based business may restart operation. 4.22.12 Signs for home based businesses shall comply with Section 4.24 of this Bylaw. 4.23 Service Stations and Gas Bars 4.23.1 Fuel pumps and accessory equipment, including any fuel sales kiosk on a pump island, shall be located at least 6 metres (20 feet) from any street or other property boundary. 4.23.2 All storage materials shall be kept within a building or screened to the satisfaction of Council. 4.23.3 All business shall be conducted and all goods stored completely within an enclosed building except as required in the servicing of motor vehicles while under the care and control of the vehicle operator. 4.23.4 As a condition of the development permit, the location and design of access to the property and to the fuel pumps and service bays may be specified to avoid conflict with traffic on abutting streets and lanes. 4.24 Signs 4.24.1 Development Permit a) A development permit is required for any sign except as follows: 1) Official signs erected by a public agency for a public purpose; 2) Real estate signs advertising the sale, lease, or rental of the property on which it is located and related information; 3) Directional or safety signs bearing no advertising information; 4) Address signs, 5) Signs bearing the name of buildings and occupants containing no advertising information; Zoning Bylaw of the Town of Saltcoats 39 | P a g e 6) Election signs during the period of an election campaign, and seven (7) days thereafter; and 7) Construction signs located on the site of the construction to which they refer. 4.24.2 General Sign Regulations a) No sign shall be located in any manner that may obstruct or jeopardize the safety of the public, including but not limited to obstructing any sight triangle of a street, driveway or other vehicle access point. b) Official signs erected by a public agency for a public purpose shall be of a size and placed at a location appropriate to that public purpose and shall be exempt from any other sign regulation of this Bylaw. c) Except as specifically provided for in this Bylaw, all signs shall be located within the limits of the parcel on which they are located and shall not project over the site lines. d) Private signs shall not be placed on public rights of way, or attached to public utilities, or other public facilities, except where the Municipality specifically permits signs in the location for such purpose. e) No sign shall cover, obscure, or in any way detract from the visibility and function of an official sign or traffic control device. f) Real estate and construction signs shall be removed once the contract is completed. g) A permit for a temporary sign is valid for the period of the temporary event to which it refers or a period of 2 months, whichever comes first. The sign shall be removed once the permit expires, unless a new permit is first obtained. h) In Commercial, Industrial and Urban Reserve Districts: 1) No more than 2 permanent signs are permitted per principal use to advertise the principal use or the principal products offered for sale on the premises; 2) The facial area of a sign shall not exceed 3.5 square metres (37.67 square feet); 3) A sign may be double faced; 4) No sign shall exceed 6 metres (19.69 feet) in total height above the ground; i) In Residential Districts 1) One permanent sign is permitted per lot. 2) In the case of a home based business, an additional permanent sign is permitted in a window of a dwelling. 3) The facial area of a sign may not exceed 0.5 square metres (5.38 square feet). Zoning Bylaw of the Town of Saltcoats 40 | P a g e 4.25 Off-Street Parking and Loading 4.25.1 General Regulations a) No person within any district shall erect, enlarge, substantially alter, or extend any building permitted under this Bylaw, unless the required off-street parking and loading spaces are provided and maintained in connection with the development. b) When the intensity of use of any building or use is increased by the addition of dwelling units, floor area, seating capacity or other unit of measurement, that specifically affects the requirements for parking and loading facilities, the number of parking and loading spaces shall be increased by the additional number of spaces required by this Bylaw. c) Whenever the use of a building is changed, the parking and loading spaces shall be provided as required for the new use. However, if the building was erected prior to the effective date of this Bylaw, additional parking and loading spaces are required only by the number of spaces that the requirements for the new use exceed those of the existing use. 4.25.2 Off-Street Parking a) Off-street parking shall be provided in accordance with the Table 1 Parking Schedule. One space is required for each rate unit or part of a unit. For shopping centres the rate required applies to the entire shopping centre including restaurants or offices. b) Required off-street parking spaces in the commercial districts may be located on a separate site that is within a convenient walking distance to a maximum of 150 metres (492.13 feet) of the principal building or use, provided such spaces are located within a commercial or industrial district. c) In the residential districts, off-street parking spaces shall be provided on the site as the principal use. d) Where the necessary off-street parking space is provided on a parcel that is separate from the principal use, an agreement between the Municipality and the owner of the site on which the parking is to be located shall be recorded in the Town office. The agreement shall bind the owner and their heirs and successors to the use of the site for the purposes of off-street parking so long as the main use or building for which the parking is provided exists. An interest based on the agreement shall be registered against the titles on behalf of the Municipality. e) The minimum dimensions of any parking space shall be 2.8 metres in width by 6 metres in depth. Where not directly abutting a road right of way, additional sufficient area for maneuvering shall be provided. Zoning Bylaw of the Town of Saltcoats 41 | P a g e Table 1 - Parking Schedule Land Use Parking Spaces Required (minimum) Single Detached Dwelling 1 per dwelling unit Multiple Unit Dwelling, Semi-Detached Dwelling 1.25 per dwelling unit Manufactured Home 1 for each manufactured home Bed-And-Breakfast Facility 1 plus one 1 per guest room Other Dwellings 1 for each dwelling unit Hotels 1 for every 2 guest rooms Motels 1 for each unit Restaurants, Theatres, Assembly Halls, Places of Worship 1 for every ten 10 seats Schools, Educational Institutions 1 for each classroom Other Uses 1 per 70 square metres of gross floor area 4.25.3 Off-Street Loading a) All off-street loading spaces shall be located on the site and be of a sufficient size so that materials and commodities can be easily loaded or unloaded without creating interference to vehicular traffic on a public roadway. 4.26 Fences and Hedges 4.26.1 Fence height shall not exceed 1 metre (3.28 feet) in height in any required front yard in any residential or the Town Commercial District. 4.26.2 No fence shall not exceed 2 metres (6.56 feet) in height in any yard. a) Notwithstanding 4.26.2, by permit application, and at the discretion of Council, a fence height greater than 2 metres (6.56 feet) in height may be considered and evaluated on the basis of location, adjacent land uses, potential negative impacts on neighbouring properties, the need for additional height to protect people and property, and sight lines. 4.26.3 No fence, hedge, closed landscaping, sign, or other structure shall obstruct any sight triangle. 4.26.4 No hedge, fence or other structure shall be erected past any property line. 4.26.5 No barbed wire or razor wire fences shall be allowed in any Residential or Town Commercial District. 4.27 Swimming Pools The following regulations shall apply to swimming pools that are accessory to an approved principal use. 4.27.1 Side and rear yard setbacks shall be 1.2 metres (4 feet). a) The maximum height of such pool shall be 1.2 metres (4 feet) above the average finished grade level of the ground adjoining the pool. b) Accessory buildings used for changing clothing, equipment, or other similar accessory uses, shall comply with the provisions for accessory buildings. c) Every swimming pool shall be enclosed by a privacy/safety fence of at least 1.8 metres (6 feet) Zoning Bylaw of the Town of Saltcoats 42 | P a g e in height. d) Any deck attached to or abutting a swimming pool shall: 1) Be considered as part of the swimming pool; 2) Have a minimum side and rear yard of 1.2 metres (4 feet). 4.28 Garden Suites 4.28.1 A single garden suite may be placed in a rear yard of a single-detached residential development in a Residential District. 4.28.2 Garden suites shall be required to meet all applicable building codes and fire regulations and there must be access for emergency services. 4.28.3 The garden suite shall be located so that all applicable setback requirements of this Zoning Bylaw are met. 4.28.4 Suites shall include a bathroom, kitchen, living and sleeping areas. 4.28.5 A parking space shall be provided on-site for the resident(s) of the garden suite dwelling. 4.28.6 The suite shall maintain the character of the primary residence on the site. 4.29 Secondary Suites 4.29.1 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. 4.29.2 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. 4.29.3 Secondary suites must contain cooking, eating, living, sleeping, and sanitary facilities. 4.29.4 Secondary suites may not exceed 50% of the total floor space of the principal unit, including basements, and may not have more than two bedrooms. 4.30 Dog Exercise Areas/Runs 4.30.1 All facilities, including buildings and exterior exercise areas, shall be sited behind the principal building unless otherwise approved by Council. 4.30.2 An exercise area shall at no time unduly interfere with the character of the neighborhood or the general enjoyment of adjoining sites. 4.30.3 All structures, enclosures, pens or runs in which dogs are kept shall, at all times, be kept in a clean and sanitary condition, free of refuse of any kind so as to prevent odours and free of flies or vermin. Zoning Bylaw of the Town of Saltcoats 43 | P a g e 4.31 Accessory and Ancillary Buildings and Uses 4.31.1 Accessory and ancillary buildings shall be subordinate to and located on the same site as the principal building or principal use. 4.31.2 Accessory and ancillary buildings shall not exceed the height of the principal building. 4.31.3 Private garages and carports attached to the principal building by roof structure along at least one third of a common wall are considered part of the principal building and are subject to the regulations governing the principal building. 4.31.4 Only one private detached garage or carport is allowed per residential parcel. 4.31.5 Accessory and ancillary buildings shall not be located in the required front or side yard of any lot in any zoning district. 4.31.6 Unless otherwise specified in a Zoning District, accessory and ancillary building rear yards setback shall be: a) R1A - Lakeshore Residential District: None (subject to being located above the MBE). b) C1 - Town Commercial, C2 - Highway Commercial and I- Industrial Districts: Same as principal use. c) For all other districts: 1.2 metres (4 feet). 4.31.7 No door shall, when open, extend beyond the property boundary of the lot or site. 4.31.8 Subject to building code regulations, detached accessory buildings shall be located at least 1.0 metre (3.3 ft.) from a principal building. 4.32 Shipping Containers 4.32.1 Shipping Containers shall be considered as an accessory use and may be considered as a permitted or discretionary use based on the listing of use in the specific Zoning District. Where discretionary, the use will be specifically listed, otherwise the use shall be considered as a general accessory. Where a shipping container is not listed as an allowable use in a Zoning District, it is considered prohibited. 4.32.2 Shipping containers shall be considered prohibited in any Residential District, except for temporary placement as provided for in this subsection. 4.32.3 If and where a zoning district identifies a shipping container as a discretionary use, the following evaluation and standards shall apply: a) In the opinion and to the satisfaction of Council, assessment for compatibility, suitability, and placement within a site shall be based on: 1) the context in which the shipping container will be located, and its ability to complement or detract from land uses in the vicinity; Zoning Bylaw of the Town of Saltcoats 44 | P a g e 2) the condition of the shipping container and any planned treatment(s) given to improve its appearance or for it to complement principal development; and 3) the use of any screening or placement within the site to minimize any potential land use conflict, nuisance, or negative impact on the public realm. b) To secure the objectives of this bylaw, and to minimize any negative impact on adjacent land uses and the public realm, Council may impose development standards or permit conditions related to the following: 1) the placement within the site relative to other on-site development, or development on adjacent lands; and 2) requirements for landscaping or screening. 4.32.4 No person shall park or store on any part of a site any unlicensed semi-trailer with wheels, truck, bus or coach body for the purposes of advertising, warehousing, or storage within any district. 4.32.5 No shipping containers may exceed 3 metres (10 ft) in height, 2.44 metres (8 ft) in width, and 12.5 metres (41 ft) in length. Length is limited to 6.1 metres (20 ft) in the Town Commercial District. 4.32.6 In the Town Commercial District, shipping containers shall be located in the side or rear yard only, and they may not project beyond the front line of the principal building or use. In addition, the containers must comply with the rear and side yard setbacks as presrcibed. 4.32.7 Shipping containers must be kept in a clean, orderly manner, and placed on a level, secure surface. 4.32.8 Shipping containers are prohibited from being used as a dwelling. 4.32.9 Shipping containers may not be stacked and prohibited from storage of junk, trash, or other forms of refuse. 4.32.10 The site regulations and yard requirements for the principal use shall apply to shipping containers. 4.32.11 Shipping containers shall not block or obstruct any exits, windows, parking spaces, driveways, or access to public utilities and/or right of ways. 4.32.12 Where applicable, shipping containers must comply with all provincial and national acts and regulations including the National Building Code and the Construction Codes Act. 4.32.13 Shipping containers may be temporarily placed in any district as a permitted accessory use under the following circumstances, and where a separate development permit is obtained for the use or where it is included in an application for a principal use: a) During construction when the container is used solely for the storage of supplies and equipment that are used for the site, provided development and/or building permits have been issued for the construction or use of the site; and/or b) For the purpose of temporary loading and unloading of items associated with the principal use for a period of not more than 10 days. The Development Officer may grant one extension of up Zoning Bylaw of the Town of Saltcoats 45 | P a g e to 10 days. All temporary shipping containers must be located a minimum of 1.2 metres (4 ft) from any property line. 1) No temporary shipping container shall be placed on municipal roadway, dedicated lands, or other similar public lands without permission of the Development Officer. 4.33 Dwelling Groups and Bare Land Condominiums 4.33.1 The regulations and development standards for buildings, uses and sites in all zoning districts shall also apply to uses and bare land units that are within a dwelling group or part of an approved bare land condominium plan. 4.33.2 A single principal use is allowed per bare land unit. 4.33.3 Council will consider its ability to effectively administer, regulate, and enforce the development of dwelling groups bare land units, such that approval of such development is in the long-term best interests of the RM and its ratepayers. 4.33.4 Council will consider the proposed location, the suitability of road access or the need for upgrades. Direct or proximate access to main transportation routes will be desired. Where road upgrades are deemed necessary by Council, the developer may be required to enter into a development agreement to upgrade the road to the appropriate RM standard. 4.33.5 In relation to the specific context of the site, Council will consider the provision of adequate and appropriately placed areas of common space and recreation. 4.33.6 Council will consider the layout and dimension of any internal road network for the reasonable maneuvering of private vehicles, and service and emergency vehicles. 4.34 Manufactured Homes 4.34.1 A manufactured home will be allowed only if the unit is less than ten (10) years of age calculated from the date of manufacture at the time of development permit application. 4.34.2 A copy of the bill of sale and photos of all sides of the unit must be submitted with each application. 4.34.3 The unit shall be properly skirted and attached to a permanent foundation. 4.34.4 Council will consider the feasibility of moving the unit on to site and the potential impacts on municipal infrastructure. In all cases the applicant shall be responsible for any utility movement or relocation, and infrastructure upgrades or damage, resulting from the moving and transport of the structure. 4.35 Move-In Residential Buildings 4.35.1 A proposal for a Move-In residential building must demonstrate that the age, condition, and style of its exterior treatment is compatible with the general appearance of buildings in the neighboring area, and/or shall be accompanied with plans showing proposed renovations, improvements, and timeline for completion where proposed. Zoning Bylaw of the Town of Saltcoats 46 | P a g e 4.35.2 Move-In residential buildings shall be placed on a permanent foundation and the base of the building or structure enclosed. 4.35.3 Move-In residential buildings shall be required to demonstrate compliance with National Building Code and the Town's building bylaw prior to placement on site and will require a pre-move inspection. 4.35.4 Photographs showing all sides of the Move-In residential building shall be submitted with a development permit application to aid in the demonstration of its current condition. 4.35.5 Council will consider the feasibility of moving the building on to site and the potential impacts on municipal infrastructure. In all cases the applicant shall be responsible for any utility movement or relocation, and infrastructure upgrades or damage, resulting from the moving and transport of the structure. 4.36 Land Use Separations 4.36.1 No new residential building, development, or subdivision shall be located within less than a minimum separation distance to potentially incompatible or Provincially-regulated uses as follows: a) 457 m from a licensed public or private solid waste disposal facility; b) 305 m to a non-refrigerated anhydrous ammonia facility licensed by Province of Saskatchewan; or c) 600 m to a refrigerated anhydrous ammonia facility licensed by the Province of Saskatchewan. 4.36.2 Council may consider a reduction of the separation where the applicable provincial authority(ies) can allow and supports a separation reduction, and where it would not prejudice or impede the operation of a public solid or liquid waste facility, or its reasonable future expansion. 4.36.3 In addition to regulatory considerations in 4.36.2, Council will also consider the following in its evaluation of a potential setback reduction: a) Where pre-existing development cannot achieve the prescribed minimum separation; b) The maximization separation to the degree possible and to mitigate potential land use incompatibility; c) Where a reduction would not introduce unmanageable risk to public health or public nuisance; d) Favourable locational and environmental conditions or mitigation measures which may lessen any risk to public health or public nuisance, including but not limited to: topography, surface water flows and drainage, geotechnical or hydrogeological conditions, wind direction, screening or berming, etc. Zoning Bylaw of the Town of Saltcoats 47 | P a g e 5 Zoning Districts 5.1 Classification of Zoning Districts In order to carry out the purpose and provisions of this Bylaw, the Town of Saltcoats is divided into the following Zoning Districts and the boundaries of which are shown on the "Zoning Bylaw Map". Such districts may be referred to by the appropriate symbols as hereinafter defined. R1 Residential District R1A Lakeshore Residential District C1 Town Commercial District C2 Highway Commercial District I Industrial District UR Urban Reserve District 5.2 Zoning Bylaw Map The map bearing the statement "Zoning Bylaw Map" adopted by the Municipality and signed by the Mayor and the Administrator under the seal of the Municipality, shall be known as the "Zoning Bylaw Map" and such map forms part of this Bylaw. 5.3 Boundaries of Zoning Districts 5.3.1 The boundaries of the districts referred to in this Bylaw, together with an explanatory legend, notations and references to this Bylaw, are shown on the map entitled, Zoning Bylaw Map. 5.3.2 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 Town of Saltcoats. Where the surveyed bank of Anderson Lake is altered, and where it affects lands abutting the lake, the Zoning District boundary of the affected parcel(s) shall be deemed altered corresponding to the new surveyed bank as extended or retracted. Zoning Bylaw of the Town of Saltcoats 48 | P a g e 6 Zoning District Schedules 6.1 R1 - Residential District The purpose of this district is to primarily provide for a range of residential development options, complementary uses, and related recreational uses throughout the Town. 6.1.1 Permitted Uses a) Residential uses 1) Single detached dwelling 2) Semi-detached and duplex dwellings 3) Multi-unit dwellings 4) Townhouses and Row houses 5) Modular Homes b) Recreational and public uses 1) Parks and playgrounds 2) Public utilities (excluding offices, warehouses, storage yards, and solid and liquid waste disposal facilities) 3) Municipal uses and facilities c) Institutional uses 1) Schools, educational institutions 2) Cultural institutions 3) Places of worship, religious institutions d) Accessory uses, buildings and structures customarily associated with a principal use and are secondary, subordinate and lesser in extent to the principal use, excluding dwellings. 6.1.2 Discretionary Uses a) Residential uses 1) Home based business where ancillary to a dwelling 2) Manufactured Homes Zoning Bylaw of the Town of Saltcoats 49 | P a g e 3) Move-In Residential buildings 4) Dwelling Groups 5) Garden Suites b) Commercial uses 1) Day Care and Family Child Care Homes where accessory or ancillary to a dwelling c) Accessory uses 1) Swimming pools 2) Dog exercise areas/runs 6.1.3 Regulations (see Section 4 for additional regulation and evaluation) a) Site requirements 1) Residential Single Detached / Modular / Manufactured Site area minimum(1) 360 square metres (3875.01 square feet) with lane 450 square metres (4843.76 square feet) without lane Site frontage minimum(1) 12 metres (39.37 feet) with lane 15 metres (49.21 feet) without lane Front yard minimum 7.5 metres (24.61 feet) Rear yard minimum 6 metres (19.66 feet) Side yard minimum 1.2 metres (3.94 feet) Semi Detached / Duplex Site area per unit minimum(1) 255 square metres (2744.80 square feet) with lane 315 square metres (3390.63 square feet) without lane Site frontage minimum(1) 8.5 metres (27.89 feet) with lane 10.5 metres (34.45 feet) without lane Front yard minimum 7.5 metres (24.61 feet) Rear yard minimum 6 metres (19.66 feet) Side yard minimum 1.2 metres (3.94 feet) Multiple Unit Site area minimum 550 square metres (5920.15 square feet) Site frontage minimum 21 metres (68.90 feet) Front yard minimum 7.5 metres (24.61 feet) Rear yard minimum 7.5 metres (24.61 feet) Side yard minimum 3.5 metres (11.48 feet) or half (½) the average wall height which is greater Site coverage maximum 50% Townhouses / Row Houses Site area minimum(1) 200 square metres (2152.78 square feet) Site frontage minimum(1) 7.5 metres (24.61 feet) Front yard minimum 7.5 metres (24.61 feet) Zoning Bylaw of the Town of Saltcoats 50 | P a g e Rear yard minimum 7.5 metres (24.61 feet) Side yard minimum 2 metres (6.56 feet) Site coverage maximum 50% Footnotes: (1) Minimum site area and minimum site frontage are reduced to a minimum of 280 square metres and 7.6 m where the subject parcel existed in The Land Titles System prior to the enactment of this bylaw. 2) Institutional Site area minimum(1) 450 square metres (4843.76 square feet) with lane Site frontage minimum(1) 15 metres (49.21 square feet) Front yard minimum 7.5 metres (24.61 feet) Rear yard minimum 7.5 metres (24.61 feet) Side yard minimum 3 metres (9.84 feet) 3) Parks and playgrounds, public utilities and municipal facilities: none 4) Accessory and ancillary buildings and uses shall comply with Section 4. 6.1.4 Projections in Yards The following projections in required yards are permitted subject to the setback or construction requirements of the National Building Code. a) In Front Yards 1) Maximum of 0.6 metre (1.96 feet) projection of cantilevered bay windows or bow windows, chimney chases, gutters, window sills, canopies, eaves, or fire escapes. 2) Maximum of 1.8 metres (5.9 feet) projection from the main wall for open cantilevered balconies, open porches, decks or open stairs. 3) Wheelchair ramps to main floor level 4) Fences less than 1 metre (3.28 feet) in height unless provided otherwise in this bylaw. 5) Light standards, flag poles, and permitted signs. b) In Rear Yards 1) Cantilevered construction for bay windows, bow windows, and chimney chases, bookcases, built in cabinets, gutters, window sills, canopies, eaves, and fire escapes to a maximum projection of 1.5 metres (4.92 feet). 2) Unenclosed decks no higher than 0.6 metre (1.96 feet). Zoning Bylaw of the Town of Saltcoats 51 | P a g e 3) Balconies, porches, and steps to a maximum projection from the main wall of 3 metres (9.84 feet). 4) A satellite dish, radio tower or television antenna where attached to a principal dwelling having a maximum projection of 0.6 metre (1.96 feet). 5) Wheelchair ramps to main floor level. 6) Fences less than 2 metres (6.56 feet) in height unless provided otherwise in this bylaw. c) Side Yards 1) Fire escapes, chimney chases, sills, belt courses, cornices, eaves, and gutters to a maximum projection of 0.6 metre (1.96 feet) or ½ the required yard whichever is the less. 2) Walkways and steps less than 0.6 metre (1.96 feet) in height. 3) Wheelchair ramps to main floor level. 4) Fences not more than 2 metres (6.56 feet) in height unless provided otherwise in this bylaw. 5) In the case of semi-detached, town or row houses, dwellings, the shared side yard is ignored. d) Handrails are permitted in all yards, uncovered driveways and walkways. e) No front yard shall be used for outdoor storage. 6.1.5 Residential Site Coverage a) The maximum site coverage shall not exceed 55% for residential buildings, including accessory buildings unless otherwise specified. b) The total permitted site coverage may be increased for attached covered patios and decks or attached enclosed swimming pools by the percentage of the area covered by such patio, deck or swimming pool but the total site coverage shall not exceed 75% unless specified otherwise by Council and this Bylaw. Zoning Bylaw of the Town of Saltcoats 52 | P a g e 6.2 R1A - Lakeshore Residential District The purpose of this district is to provide for low density residential development and related recreational uses on the lots adjacent to Anderson Lake. 6.2.1 Permitted Uses a) Residential uses 1) Single detached dwellings b) Recreational and public uses 1) Parks and playgrounds 2) Public utilities (excluding offices, warehouses, storage yards, and solid and liquid waste disposal facilities) 3) Municipal uses and facilities c) Accessory uses, buildings and structures customarily associated with a principal use and are secondary, subordinate and lesser in extent to the principal use, excluding dwellings. 6.2.2 Discretionary Uses a) Residential uses 1) Home based business where ancillary to a dwelling 2) Day Care and Family Child Care Homes where accessory or ancillary to a dwelling 3) Garden Suites 6.2.3 Regulations (see Section 4 for additional regulation and evaluation) a) Site requirements 1) Residential Single Detached Site area minimum(1) 360 square metres (3875.01 square feet) Site frontage minimum(1) 12 metres (39.37 feet) Front yard minimum 7.5 metres (24.61 feet) Rear yard minimum(2) No minimum Side yard minimum 1.2 metres (3.94 feet) Footnotes: Zoning Bylaw of the Town of Saltcoats 53 | P a g e (1) Minimum site area and minimum site frontage are reduced to a minimum of 280 square metres and 7.6 m where the subject parcel existed in The Land Titles System prior to the enactment of this bylaw. (2) Where potential hazard lands are present (eg. potentially flood-prone), setbacks may be required as stipulated by a professional engineer or development standard or other requirement of a higher order of government. 2) Parks and playgrounds, public utilities and municipal facilities: none 3) Accessory and ancillary buildings and uses shall comply with Section 4. 6.2.4 Projections in Yards The following projections in required yards are permitted subject to the setback or construction requirements of the National Building Code. a) In Front Yards 1) Maximum of 0.6 metres (1.96 feet) projection of cantilevered bay windows or bow windows, chimney chases, gutters, window sills, canopies, eaves, or fire escapes. 2) Maximum of 1.8 metres (5.9 feet) projection from the main wall for open cantilevered balconies, open porches, decks or open stairs. 3) Wheelchair ramps to main floor level. 4) Fences less than 1 metre (3.28 feet) in height unless provided otherwise in this bylaw. 5) Light standards, flag poles, and permitted signs. b) In Rear Yards 1) Cantilevered construction for bay windows, bow windows, chimney chases, bookcases, built in cabinets, gutters, window sills, canopies, eaves, and fire escapes to a maximum projection of 1.5 metres (4.92 feet). 2) Unenclosed decks no higher than 0.6 metre (1.96 feet). 3) Balconies, porches, and steps to a maximum projection from the main wall of 3 metres (9.84 feet). 4) A satellite dish, radio tower or television antenna where attached to a principal dwelling having a maximum projection of 0.6 metre (1.96 feet). 5) Wheelchair ramps to main floor level. 6) Fences less than 2 metres (6.56 feet) in height unless provided otherwise in this bylaw. c) Side Yards Zoning Bylaw of the Town of Saltcoats 54 | P a g e 1) Fire escapes, chimney chases, sills, belt courses, cornices, eaves, and gutters to a maximum projection of 0.6 metre (1.96 feet) or half (½) the required yard, whichever is the less. 2) Walkways and steps less than 0.6 metre (1.96 feet) in height. 3) Wheelchair ramps to main floor level. 4) Fences not more than 2 metres (6.56 feet) in height unless provided otherwise in this bylaw. d) Handrails are permitted in all yards, uncovered driveways and walkways. e) No front yard shall be used for outdoor storage. 6.2.5 Site Coverage a) The maximum site coverage shall not exceed 55% for residential buildings, including accessory buildings unless otherwise specified. b) The total permitted site coverage may be increased for attached covered patios and decks or attached enclosed swimming pools by the percentage of the area covered by such patio, deck or swimming pool but the total site coverage shall not exceed 75% unless specified otherwise by Council and this Bylaw. Zoning Bylaw of the Town of Saltcoats 55 | P a g e 6.3 C1 - Town Commercial District The purpose of this district is to regulate and encourage commercial development in the downtown core. 6.3.1 Permitted Uses a) Retail, commercial service, and office uses 1) Banks, financial services, and business offices 2) Bakeries with retail sales 3) Broadcasting media and commercial communications studios and offices 4) Cafes, restaurants including drive-in, lounges and licensed beverage rooms and other places for the sale and consumption of beer, wine and other spirits with or without food 5) Artisans and craft shops 6) Government and professional service offices 7) Medical, dental, and other health services offices and clinics 8) Personal service establishments (spa, hair salon, gym, etc.) 9) Printing and publishing offices 10) Retail stores 11) Funeral homes b) Tourism, recreational, and cultural uses 1) Art galleries 2) Commercial entertainment establishments 3) Libraries, cultural institutions 4) Hotels, motels 5) Museums 6) Dance halls c) Institutional and public uses 1) Community centres 2) Day care centres Zoning Bylaw of the Town of Saltcoats 56 | P a g e 3) Lodges, fraternal organizations, clubs 4) Places of worship, religious institutions 1) Public utilities (excluding warehouses, storage yards, and solid and liquid waste disposal facilities) 5) Municipal uses and facilities d) Accessory uses, buildings and structures customarily associated with a principal use and are secondary, subordinate and lesser in extent to the principal use, excluding dwellings. 6.3.2 Discretionary Uses a) Retail 1) Mini-malls b) Transportation and vehicle services 1) Service stations with or without car washes 2) Gas bars with or without confectionaries 3) Public garage c) Residential 1) Dwellings accessory to a permitted or discretionary use 2) Multiple unit dwellings located above the ground floor 6.3.3 Regulations (see Section 4 for additional regulation and evaluation) a) Site requirements 1) Site requirements for all permitted and discretionary uses other than public utilities and municipal facilities. Site area minimum 929 square metres (9999.67 square feet) service stations 278 square metres (2992.37 square feet) all other uses Site frontage minimum 30 metres (98.43 feet) service stations 7.5 metres (24.61 feet) all other uses Front yard minimum 7.5 metres (24.61 feet) service stations No requirements for all other uses Rear yard minimum 6 metres (19.69 feet) Side yard minimum No minimum except where abutting a residential district without an intervening lane or street at least 1.5 metres (4.92 feet) shall be provided. Zoning Bylaw of the Town of Saltcoats 57 | P a g e 2) Public utilities and municipal facilities: none 3) Accessory and ancillary buildings and uses shall comply with Section 4. 6.3.4 All outdoor storage shall be organized and tidy. Fences may be required to screen outside storage. 6.3.5 Projections in Yards a) Projections into required minimum, rear or side yards are permitted subject to the setback or construction requirements of the National Building Code where they consist of any of the following: 1) Eaves and gutters of 0.6 metre (1.97 feet) or less projection into a required yard, or chimney chases, fire escapes, or steps, provided that any of the projections will not extend beyond the property line. b) Signs, as allowed pursuant to this bylaw, are permitted in required yards. c) For gas bars and service stations an open canopy may extend over a portion of required yards provided the supports are not located in the required yards and the edge of the canopy is at least 0.6 metre (1.97 feet) from the property line. d) Sale or demonstration goods in the form of a building, whether temporary or permanent, shall comply with any yard requirements. e) Sale or demonstration goods, or signs, whether temporary, permanent, or mobile, shall not occupy a required parking stall, loading space or access aisle. 6.3.6 Mini Malls a) Council may consider a strip mall development where a major portion of an entire block is being proposed for redevelopment. 6.3.7 Artisans and Craft Shops a) All operations related to artisans and craft shops shall be conducted within an enclosed building. b) No exterior storage of materials, goods, or waste products is permitted, or shall be screened to suitable standards. 6.3.8 Residential a) Multiple unit dwellings may be developed where located above the principal use, subject to the municipal building bylaw, the National Building Code of Canada, and regulations respecting health and safety. b) Dwelling units attached to a principal use shall have an entrance separate from that of the principal use. Zoning Bylaw of the Town of Saltcoats 58 | P a g e c) All dwelling units shall be furnished with facilities for cooking, sleeping and washing. d) The minimum floor area of each dwelling unit shall be 45 square metres (480 square feet). The floor area of the residential use shall not exceed 50% of the floor area of the ground level of the building. e) One off-street parking space shall be provided for each dwelling unit. Zoning Bylaw of the Town of Saltcoats 59 | P a g e 6.4 C2 - Highway Commercial District The purpose of this district is to accommodate the orderly development of commercial establishments catering to the community and the traveling public. Commercial development requiring medium to large lots will be accommodated in this district. 6.4.1 Permitted Uses a) Retail, commercial service, and office uses 1) Establishments for the sale, storage and servicing of motor vehicles, trailers, machinery or equipment 2) Restaurants 3) Lumber yards and building supply establishments 4) Veterinary hospitals and clinics 5) Furniture and appliance sales and service 6) Mini malls 7) Shopping centres with more than one principal building b) Tourism, recreational, and cultural uses 1) Commercial entertainment establishments 2) Hotels, motels c) Transportation and vehicle sales and services 1) Service stations with or without car washes 2) Gas bars with or without confectionaries. 3) Public garage d) Public uses 1) Public utilities (excluding solid and liquid waste disposal facilities) 2) Municipal uses and facilities. e) Accessory uses, buildings and structures customarily associated with a principal use and are secondary, subordinate and lesser in extent to the principal use, excluding dwellings. Zoning Bylaw of the Town of Saltcoats 60 | P a g e 6.4.2 Discretionary Uses a) Auto body shops b) Dwellings accessory to a permitted or discretionary use 6.4.3 Regulations (see Section 4 for additional regulation and evaluation) a) Site requirements 1) Site requirements for all permitted and discretionary uses other than public utilities and municipal facilities. Site Area Minimum 1,115 square metres (12001.76 square feet) Site Frontage Minimum 30 metres (98.43 feet) Front Yard Minimum 7.5 metres (24.61 feet) Rear Yard Minimum 6 metres (19.69 feet) Side Yard Minimum 3 metres (9.84 feet) 2) Public utilities and municipal facilities: none 3) Accessory and ancillary buildings and uses shall comply with Section 4. 6.4.4 Outside storage a) All outdoor storage shall be organized and tidy. b) Fences may be required to screen outside storage. c) Development standards may be applied regarding the location of areas used for storage as a condition of approval. d) Required yards shall not be used for the collection or storage of hazardous material. 6.4.5 Projections in Yards a) Projections into required minimum, rear or side yards are permitted subject to the setback or construction requirements of the National Building Code where they consist of any of the following: eaves and gutters of 0.6 metre (1.97 feet) or less projection into a required yard, or chimney chases, fire escapes, or steps, provided that any of the projections will not extend beyond the property line. b) Signs, as allowed pursuant to this bylaw, are permitted in required yards. c) For gas bars and service stations an open canopy may extend over a portion of required yards provided the supports are not located in the required yards and the edge of the canopy is at least 0.6 metre (1.97 feet) from the property line. Zoning Bylaw of the Town of Saltcoats 61 | P a g e d) Sale or demonstration goods in the form of a building, whether temporary or permanent, shall comply with any yard requirements. e) Sale or demonstration goods, or signs, whether temporary, permanent, or mobile, shall not occupy a required parking stall, loading space or access aisle. 6.4.6 Mini Malls and Shopping Centres a) Council may consider a mini mall development where a major portion of an entire block is being proposed for redevelopment. b) The site layout shall accommodate the safe and convenient flow of vehicular and pedestrian traffic. c) Access to and egress from the site shall not result in adverse impacts to traffic flow. Multiple points of access and egress may be required to ensure safe and convenient traffic flow. 6.4.7 Accessory Dwellings a) One accessory dwelling unit accessory to a principal use may be considered by Council where the unit is used for the operator of the business to which the dwelling unit is accessory and subject to the municipal building bylaw, the National Building Code of Canada, and regulations respecting health and safety. b) The accessory dwelling shall be located in the principle building. c) Accessory dwelling units shall have an entrance separate from that of the store or commercial establishment. d) All dwelling units shall be furnished with facilities for cooking, sleeping and washing. e) The minimum floor area of each dwelling unit shall be 45 square metres (480 square feet). The floor area of the residential use shall not exceed 50% of the floor area of the building. f) One off-street parking space shall be provided for each dwelling unit. Zoning Bylaw of the Town of Saltcoats 62 | P a g e 6.5 I - Industrial District The purpose of this district is to accommodate the development of industrial and service establishments including a reasonable level of outdoor storage, but which are not of an obnoxious, hazardous or offensive nature. 6.5.1 Permitted Uses a) Retail, commercial service, and office uses 1) Establishments for the sale, storage and servicing of motor vehicles, trailers, machinery or equipment 2) Veterinary hospitals and clinics 3) Lumber yards and building supply establishments 4) Warehouses and wholesale establishments 5) Grain elevators 6) Shops of plumbers, pipefitters, metal workers and other industrial tradespeople 7) Manufacturing establishments 8) Railway and ancillary railway functions b) Transportation and vehicle sales and services 1) Service stations with or without car washes 2) Gas bars with or without confectionaries 3) Public garage 4) Auto body shops c) Institutional and public uses 1) Public utilities 2) Municipal uses and facilities d) Accessory uses, buildings and structures customarily associated with a principal use and are secondary, subordinate and lesser in extent to the principal use, excluding dwellings. 6.5.2 Discretionary Uses a) Truck and freight terminals Zoning Bylaw of the Town of Saltcoats 63 | P a g e b) Cold storage and locker plants c) Bulk fertilizer sales subject to the appropriate Provincial Government regulations 6.5.3 Regulations (see Section 4 for additional regulation and evaluation) a) Site Requirements 1) Site requirements for all permitted and discretionary uses other than public utilities and municipal facilities. Site Area Minimum 929 square metres (9999.67 square feet) Site Frontage Minimum 30 metres (98.43 feet) Front Yard Minimum 7.5 metres (24.61 feet) Rear Yard Minimum 6 metres (19.69 feet) except when abutting a railway where there will be no minimum requirement unless otherwise identified in consultation with the rail line. Side Yard Minimum 3 metres (9.84 feet) 2) Public utilities and municipal facilities: none 3) Accessory and ancillary buildings and uses shall comply with Section 4. 6.5.4 Outside storage a) All outdoor storage shall be organized and tidy. b) Fences may be required to screen outside storage. c) Development standards may be applied regarding the location of areas used for storage as a condition of approval. d) Required yards shall not be used for the collection or storage of hazardous material. 6.5.5 Projections in Yards a) Projections into required minimum, rear or side yards are permitted subject to the setback or construction requirements of the National Building Code where they consist of any of the following: eaves and gutters of 0.6 metre (1.97 feet) or less projection into a required yard, or chimney chases, fire escapes, or steps, provided that any of the projections will not extend beyond the property line. b) Signs, as allowed pursuant to this bylaw, are permitted in required yards. c) For gas bars and service stations an open canopy may extend over a portion of required yards provided the supports are not located in the required yards and the edge of the canopy is at least 0.6 metre (1.97 feet) from the property line. Zoning Bylaw of the Town of Saltcoats 64 | P a g e d) Sale or demonstration goods in the form of a building, whether temporary or permanent, shall comply with any yard requirements. e) Sale or demonstration goods, or signs, whether temporary, permanent, or mobile, shall not occupy a required parking stall, loading space or access aisle. Zoning Bylaw of the Town of Saltcoats 65 | P a g e 6.6 UR - Urban Reserve District The purpose of this district is to reserve unsubdivided and/or undeveloped lands within the municipality for future urban development. 6.6.1 Permitted Uses a) Agricultural crops and pastures, excluding intensive agriculture or livestock operations b) Railway and ancillary railway functions c) Public utilities (excluding warehouses, storage yards, and solid and liquid waste disposal facilities) d) Community gardens e) Accessory uses customarily associated with a principal use and are secondary, subordinate and lesser in extent to the principal use. 6.6.2 Discretionary Uses a) Cemeteries b) Recreational uses including sport fields c) Accessory buildings and structures customarily associated with principal discretionary use and are secondary, subordinate and lesser in extent to the principal use, excluding dwellings. 6.6.3 Regulations (see Section 4 for additional regulation and evaluation) a) Site requirements 1) Minimum site area: 1 hectare (2.47 acres) 2) Public utilities and municipal facilities: none 3) Accessory and ancillary buildings and uses shall comply with Section 4. b) Rezoning of Land 1) Proposed rezoning of land from UR-Urban Reserve District to another land use shall be considered only where the rezoning would be in conformity with the Official Community Plan. The proposed development shall constitute orderly and economic development with regards to adjacent land uses, and future service requirement such as roads and utilities. Zoning Bylaw of the Town of Saltcoats 66 | P a g e 7 Appendix A - Zoning Bylaw Map of the Town of Saltcoats