This is the exact embedded text of the captured official document.
Snapshot 4f9bf14c7f0d · verified 2026-06-13 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Town of Stoughton
Zoning Bylaw
2018
Prepared by Prairie Wild Consulting Co.
www.prairiewildconsulting.ca
The Town of Stoughton
Zoning Bylaw No. 445/18
1. Pursuant to Section 45 of the Planning and Development Act, 2007, the Council of the Town of
Stoughton hereby adopts the Zoning Bylaw, identified as Schedule "A" to this Bylaw.
2. The Mayor and Administrator are hereby authorized to sign and seal Schedule "A" which is attached to
and forms part of this Bylaw.
3. This Bylaw shall come into force on the date of final approval by the Minister of Government Relations.
Read a first time this
__
__ day of
20
Read a second time this
__ day of
20
Read a third time and passed this
_ day of
20
MAYOR
SEAL
CHIEF ADMINISTRATIVE OFFICER
DAY
MONTH
YEAR
SIGNATURE OF MAYOR
SIGNATURE OF CAO
DAY
MONTH
YEAR
DAY
MONTH
YEAR
The Town of Stoughton
Zoning Bylaw
Schedule "A" to Bylaw No. 445/18
MAYOR
CHIEF ADMINISTRATIVE OFFICER
SEAL
SIGNATURE OF MAYOR
SIGNATURE OF CAO
Zoning Bylaw | BYLAW NO. 445/18
Page | 1
TABLE OF CONTENTS
Table of Contents .......................................................................................................................................................1
Section 1: Introduction ...............................................................................................................................................5
1.1
Authority .....................................................................................................................................................5
1.2
Title .............................................................................................................................................................5
1.3
Purpose .......................................................................................................................................................5
1.4
Scope ...........................................................................................................................................................5
1.5
Severability ..................................................................................................................................................5
Section 2: Definitions..................................................................................................................................................6
Section 3: Administration and Interpretation ......................................................................................................... 22
3.1
Development Officer ................................................................................................................................ 22
3.2
Council ...................................................................................................................................................... 22
3.3
Interpretation ........................................................................................................................................... 22
3.4
Application for a Development Permit .................................................................................................... 22
3.5
Development Not Requiring a Permit ...................................................................................................... 23
3.6
Development Permit Procedure .............................................................................................................. 23
3.7
Discretionary Use Applications ................................................................................................................ 24
3.8
Development Permit Application Fees .................................................................................................... 25
3.9
Fee for Zoning Amendment Application .................................................................................................. 25
3.10
Comprehensive Development Reviews ................................................................................................... 25
3.11
Development Appeals Board ................................................................................................................... 26
3.12
Minor Variance ......................................................................................................................................... 26
3.13
Non-Conforming Uses, Buildings and Sites .............................................................................................. 27
3.14
Development Permit - Invalid ................................................................................................................. 28
3.15
Cancellation.............................................................................................................................................. 28
3.16
Stop-Work ................................................................................................................................................ 28
3.17
Bylaw Compliance .................................................................................................................................... 28
3.18
Registering Interest .................................................................................................................................. 28
3.19
Moving Buildings ...................................................................................................................................... 28
3.20
Temporary Development Agreements .................................................................................................... 29
3.21
Development Levy Agreements ............................................................................................................... 29
3.22
Servicing Agreements .............................................................................................................................. 29
Section 4: General Regulations................................................................................................................................ 30
4.1
Licenses, Permits and Compliance with Other Bylaws and Legislation ................................................... 30
4.2
Principle Use Established ......................................................................................................................... 30
4.3
Multiple Uses ........................................................................................................................................... 30
4.4
Uses Permitted in All Zoning Districts ...................................................................................................... 30
4.5
Number of Principle Buildings on a Site ................................................................................................... 30
4.6
Accessory Uses, Buildings and Structures ................................................................................................ 30
4.7
Front Yard Reduction ............................................................................................................................... 32
Zoning Bylaw | BYLAW NO. 445/18
Page | 2
4.8
Irregular Lots or Sites ............................................................................................................................... 32
4.9
Permitted Yard Encroachments ............................................................................................................... 33
4.10
Side Yard Exception .................................................................................................................................. 33
4.11
Site Grading, Leveling and Drainage ........................................................................................................ 33
4.12
Height of Buildings ................................................................................................................................... 33
4.13
Heritage Properties .................................................................................................................................. 33
4.14
Signage of Natural and Human Heritage Sites ......................................................................................... 33
4.15
Buffer Strips ............................................................................................................................................. 33
4.16
Closings .................................................................................................................................................... 33
4.17
Railway Crossings and Sight Distances ..................................................................................................... 34
4.18
Sight Triangles .......................................................................................................................................... 34
4.19
Bareland Condominium Developments ................................................................................................... 34
4.20
Disposal of Wastes ................................................................................................................................... 34
4.21
Solid and Waste Disposal Facilities .......................................................................................................... 35
4.22
Oil and Gas well Activities ........................................................................................................................ 35
4.23
Development Along Pipelines and Gas Transmission Lines ..................................................................... 35
4.24
Payment in Lieu of Required Off-Street Parking Facilities ....................................................................... 36
Section 5: Discretionary Use Standards for Development ...................................................................................... 37
5.1
Terms and Conditions for Discretionary Approvals ................................................................................. 37
5.2
General Discretionary Use Evaluation Criteria......................................................................................... 37
5.3
Home Occupations ................................................................................................................................... 38
5.4
Secondary Suites ...................................................................................................................................... 38
5.5
Modular Homes ....................................................................................................................................... 38
5.6
Bed and Breakfast Homes ........................................................................................................................ 39
5.7
Daycare Centres and Pre-Schools ............................................................................................................ 39
5.8
Residential Care Homes ........................................................................................................................... 39
5.9
Campgrounds ........................................................................................................................................... 39
5.10
Temporary Work Camps .......................................................................................................................... 40
5.11
Garage and Garden Suites ....................................................................................................................... 40
5.12
Above-Ground Fuel Storage Tanks .......................................................................................................... 41
5.13
Wind Energy Facilities .............................................................................................................................. 42
Section 6: Zoning Districts and Zoning District Map ............................................................................................... 44
6.1
Zoning Districts......................................................................................................................................... 44
6.2
The Zoning District Map ........................................................................................................................... 44
6.3
Boundaries of the Zoning Districts ........................................................................................................... 44
6.4
Holding Designation ................................................................................................................................. 44
Section 7: Residential Single Dwelling District - R1 ................................................................................................ 45
7.1
Permitted Uses ......................................................................................................................................... 45
7.2
Discretionary Uses ................................................................................................................................... 45
7.3
Site Development Regulations ................................................................................................................. 45
7.4
Accessory Uses, Buildings and Structures ................................................................................................ 47
7.5
Fence and Hedge Heights ........................................................................................................................ 47
7.6
Parking ..................................................................................................................................................... 48
7.7
Outdoor Storage ...................................................................................................................................... 48
Zoning Bylaw | BYLAW NO. 445/18
Page | 3
7.8
Discretionary Use Evaluation Criteria ...................................................................................................... 48
Section 8: Residential Multiple Dwelling District - R2 ............................................................................................ 49
8.1
Permitted Uses ......................................................................................................................................... 49
8.2
Discretionary Uses ................................................................................................................................... 49
8.3
Site Development Regulations ................................................................................................................. 49
8.4
Accessory Uses, Buildings And Structures ............................................................................................... 51
8.5
Fence and Hedge Heights ........................................................................................................................ 52
8.6
Signage ..................................................................................................................................................... 52
8.7
Parking ..................................................................................................................................................... 52
8.8
Outdoor Storage ...................................................................................................................................... 53
8.9
Discretionary Use Evaluation Criteria ...................................................................................................... 53
Section 9: Residential Mobile Home District - RMH ................................................................................................ 54
9.1
Permitted Uses ......................................................................................................................................... 54
9.2
Discretionary Uses ................................................................................................................................... 54
9.3
Site Development Regualations ............................................................................................................... 54
9.4
Development Standards for Mobile Homes ............................................................................................ 55
9.5
Accessory Uses, Buildings and Structures ................................................................................................ 55
9.6
Fence and Hedge Heights ........................................................................................................................ 56
9.7
Signage ..................................................................................................................................................... 56
9.8
Parking ..................................................................................................................................................... 56
9.9
Outdoor Storage ...................................................................................................................................... 56
Section 10: Town Centre Commercial - C1 ............................................................................................................. 58
10.1
Permitted Uses ......................................................................................................................................... 58
10.2
Discretionary Uses ................................................................................................................................... 58
10.3
Site Development REgulations ................................................................................................................. 59
10.4
Accessory Uses, Buildings and Structures ................................................................................................ 60
10.5
Signage ..................................................................................................................................................... 60
10.6
Parking ..................................................................................................................................................... 60
10.7
Landscaping .............................................................................................................................................. 60
10.8
Discretionary Use Evaluation Criteria ...................................................................................................... 60
Section 11: Highway Commercial - C2 .................................................................................................................... 62
11.1
Permitted Uses ......................................................................................................................................... 62
11.2
Discrtionary Uses ..................................................................................................................................... 62
11.3
Prohibited Uses ........................................................................................................................................ 63
11.4
Site Development Requirements ............................................................................................................. 63
11.5
Accessory Uses, Buildings and Structures ................................................................................................ 63
11.6
Fence and Hedge Heights ........................................................................................................................ 64
11.7
Landscaping .............................................................................................................................................. 64
11.8
Parking Requirements .............................................................................................................................. 64
11.9
Loading Requirements ............................................................................................................................. 64
11.10 Signage ..................................................................................................................................................... 65
11.11 Outside Storage ........................................................................................................................................ 65
11.12 Discretionary Use Evaluation Criteria ...................................................................................................... 65
Zoning Bylaw | BYLAW NO. 445/18
Page | 4
Section 12: Industrial - IND ..................................................................................................................................... 67
12.1
Permitted Uses ......................................................................................................................................... 67
12.2
Discretionary Uses ................................................................................................................................... 67
12.3
Site Development Regulations ................................................................................................................. 68
12.4
Accessory Uses, Buildings and Structures ................................................................................................ 68
12.5
Fence and Hedge Heights ........................................................................................................................ 68
12.6
Landscaping .............................................................................................................................................. 68
12.7
Parking ..................................................................................................................................................... 69
12.8
Loading Requirements ............................................................................................................................. 69
12.9
Signage ..................................................................................................................................................... 69
12.10 Outside Storage ........................................................................................................................................ 69
12.11 Discretionary Use Evaluation Criteria ...................................................................................................... 70
12.12 Performance Standards ........................................................................................................................... 70
Section 13: Community Service - CS ........................................................................................................................ 72
13.1
Permitted Uses ......................................................................................................................................... 72
13.2
Discretionary Uses ................................................................................................................................... 72
13.3
Site Development Regulations ................................................................................................................. 72
13.4
Accessory Uses, Buildings and Structures ................................................................................................ 73
13.5
Signage ..................................................................................................................................................... 74
13.6
Parking ..................................................................................................................................................... 74
13.7
Landscaping .............................................................................................................................................. 74
Section 14: Future Urban Development - FUD ........................................................................................................ 75
14.1
Permitted Uses ......................................................................................................................................... 75
14.2
Discretionary Uses ................................................................................................................................... 75
14.3
Site Development Regulations ................................................................................................................. 75
14.4
Signage ..................................................................................................................................................... 75
14.5
Discretionary Use Evaluation Criteria ...................................................................................................... 76
Section 15: Flood Hazard Overlay - FH ................................................................................................................... 77
15.1
Defining the Boundary ............................................................................................................................. 77
15.2
Site Regulations in the Flood Hazard Land Areas .................................................................................... 77
15.3
Flood Proofing Regulations ...................................................................................................................... 77
Town of Stoughton Zoning District Map ................................................................................................................. 78
Zoning Bylaw | BYLAW NO. 445/18
Page | 5
SECTION 1: INTRODUCTION
The Zoning Bylaw is an implementation tool for administering day-to-day land use operations for the Town of
Stoughton. This tool works in tandem with the goals, policies and objectives stated in the Town of Stoughton
Official Community Plan No 444/18.
1.1
AUTHORITY
1.1.1
Under the authority granted by the Planning and Development Act, 2007, the Mayor and Council of the
Town of Stoughton in the Province of Saskatchewan, in open meeting, hereby enact as follows.
1.2
TITLE
1.2.1
This Bylaw shall be known and may be cited as the Zoning Bylaw of the Town of Stoughton.
1.3
PURPOSE
1.3.1
The purpose of this Bylaw is to regulate development and control the use of land in the Town of
Stoughton in accordance with the Town of Stoughton Official Community Plan No. 444/18.
1.3.2
The intent of this Zoning Bylaw is to provide for the amenity of the area within the Town of Stoughton
(hereinafter referred to as the Town) 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
SCOPE
1.4.1
This Bylaw applies to all land included within the boundaries of the Town. All development within the
limits of the Town shall hereafter conform to the provisions of this Bylaw.
1.5
SEVERABILITY
1.5.1
A decision of a Court that one or more of the provisions of this Bylaw are invalid in whole or in part does
not affect the validity, effectiveness or enforceability of other provisions or parts of the provisions of this
Bylaw.
Zoning Bylaw | BYLAW NO. 445/18
Page | 6
SECTION 2: DEFINITIONS
Whenever the subsequent words or terms are used in this Bylaw and the Town of Stoughton Official Community
Plan No. 444/18, they shall have the following definition unless the context indicates otherwise.
A
Abattoir: A facility for butchering or slaughtering
animals, and to dress; cut; inspect; refrigerate; cure;
and, manufacture meats and meat by-products.
Above Ground Fuel Storage Tank: A storage tank,
any portion of which is above grade and contains
gasoline; diesel fuel; propane; or, ethanol.
Accessory: A building or use that:
a. Is subordinate to and serves the principle
building or principle use;
b. Is subordinate in area; mass; extent; and,
purpose to the principle building or
principle use served;
c. Contributes to the comfort, convenience or
necessity of occupants of the principle
building or assists the principle use; and
d. Is located on the same site as the principle
building or use.
Act: The Planning and Development Act, 2007,
Province of Saskatchewan, as amended from time
to time.
Adjacent: Contiguous or would be contiguous if not
for a river; stream; rail line; road; utility right-of-
way; reserve land; and, any other land identified in
this Bylaw as adjacent land for the purpose of
notification.
Aggregate Resource: See Quarriable Substance.
Agricultural: A use of land, buildings or structures
for the purpose of animal husbandry; fallow; field
crops; forestry; market gardening; pasturage;
private greenhouses; and, includes the growing;
packing; treating; storing; and, sale of produce
produced on the premises and other similar uses
customarily carried in the field of general
agriculture.
Alteration or Altered: With reference to a building,
structure or site through a means of changes from
one (1) major occupancy class or division to
another, or structural change. This may include an
addition to the area or height, the removal of or
part of a building or any change to the structure
including construction of, cutting into or removal of
any wall; partition; column; beam; joist; floor; or,
other support. Changes to or closing of any required
means of egress or changes to fixtures; equipment;
cladding; trim; or, any other items regulated by this
Bylaw such as parking and landscaping are also
included.
Alternatively Abled Housing: Multiple unit
dwellings or dwelling groups operated by a non-
profit corporation or public authority and used
exclusively for the domestic habilitation of senior
citizens, alternatively-abled persons, occupants of
subsidized housing or the cohabitant spouse and
children of persons noted above.
Animal Clinic: A building or part thereof used by a
qualified veterinarian for the treatment of animal
health needs where animals are not kept on the
premises for surgery or kept overnight.
Animal Hospital: The premises of a veterinary
surgeon where small and large domestic animals
and livestock are treated or kept involving surgery
and the keeping of animals in outdoor or indoor
pens.
(Animal) Veterinary Clinic: A place for the care and
treatment of small animals involving outpatient
care and medical procedures involving
hospitalization, but shall not include the keeping of
animals in outdoor pens.
Apartment Block: A building containing three (3) or
more dwelling units as herein defined, each of
which is occupied or intended to be occupied as a
permanent home or residence as distinct from a
hotel or rooming house.
Applicant: A person or developer applying for a
development permit under this Bylaw or for a
subdivision approval to an approving authority
under the Planning and Development Act, 2007.
Attached Covered Patio: A single storey patio which
is covered with a permanent roof structure which
may be enclosed by walls, windows or screens and
which is not integrated into the dwelling unit by
virtue of the extension of the dwelling unit. In
addition, 50% of the walls must be openings and no
Zoning Bylaw | BYLAW NO. 445/18
Page | 7
basement may be constructed under the patio.
Typically an attached covered patio would provide
up to three-season use and would not provide fully
furnished livable space.
Attic: That portion of a building situated wholly or
in part within the roof and which is less than one-
half (1/2) storey.
Automobile (Motor Vehicle): A self-propelled
passenger vehicle that usually has two (2) to four
(4) wheels; an internal combustion engine;
alternative energy sources such as electrical, fuel
cell or a hybrid of the two; and, is used for land
transport.
Auto Wrecker: An area where motor vehicles as
dissembled, dismantled or junked, or where
vehicles not in operable condition or used parts of
motor vehicles are stored or sold to the general
public.
Awning: A structure that is mechanical and
fabricated from plastic, canvas or metal that is
spread across a frame designed to be attached to a
wall hung above a doorway or window.
B
Bare Land Condominium: A Bare land condominium
involves dividing a parcel of land into individually
owned 'bare land units'. A proposed plan of survey
to create a bare land condominium requires the
subdivision of the land and subdivision approval
pursuant to the Planning and Development Act,
2007. Buildings on each bare land unit are owned
by the individuals. The balance of the parcel around
the units is common property. Generally, buildings
on private units or common property are not
constructed until after the bare land condominium
plan has been registered. To ensure compliance
with municipal bylaws, the municipality should
discuss with the developer, any proposed
construction of buildings prior to registration of the
condominium plan. All buildings and improvements
on common property are owned by the
condominium corporation. Bare land
condominiums are sometimes managed as
exclusive communities, with control over local
access.
Bare Land Condominium Unit: A bare land unit as
defined by the Condominium Property Act, 1993.
Basement: That portion of a building that is partly
or wholly underground, having above grade no
more than 1.85 metres (6.1 ft.) of its clear height
which lies below the finished level of the floor
directly above.
Bed and Breakfast: A dwelling unit, licensed as a
tourist home under the Public Accommodations
Regulations, in which overnight accommodation
within the dwelling unit, along with one (1) meal
served before noon, is provided to the traveling
public for a charge.
Billboard: A private free standing sign, including
supporting structure, which advertises goods;
products; services; organizations; and, facilities that
are available from, located on, or refer to, a site
other than the site on which the sign is located.
Buffer: A strip of land, vegetation, or land use that
physically separates two (2) or more different land
uses.
Building: A structure constructed on, in or over land
and used for the shelter or accommodation of
persons; animals; goods; or, chattels, and includes
any structure covered by a roof supported by walls
or columns.
Building, Accessory: See Accessory.
Building Bylaw: A bylaw of the Town of Stoughton
to regulate the erection; alteration; repair;
occupancy; or, maintenance of buildings and
structures.
Building Height: The vertical distance of a building
measured from the grade level to the highest point
of the roof.
Zoning Bylaw | BYLAW NO. 445/18
Page | 8
Building Height
Building Permit: A permit issued under the Building
Bylaw of the Town of Stoughton, authorizing the
construction of, or the addition to any building
though does not include a development permit.
Building, Principle: A building in which is conducted
the main or primary use of the site on which said
building is situated.
Building Line, Established: The average distance
from the street line to the main wall of existing
buildings on any side of any block where more than
half the frontage of the block has been built on.
Bulk Fuel Sales and Storage: Includes land,
buildings and structures for the storage and
distribution of fuel and oil including retail sales or
cardlock operations.
Business Support Services: Activities intended to
provide administrative, promotional or technical
support for commercial and industrial activities.
Bylaw: The Town of Stoughton Zoning Bylaw.
C
Campground: An area used for a range of overnight
camping experiences, from tenting to serviced
trailer sites, including accessory facilities which
support the use, such as administration offices and
laundry facilities, though not including the use of
mobile homes or trailers on a permanent year-
round basis.
Cardlock Operation: A petroleum dispensing outlet
without full-time attendants.
Carport: A building or structure or part thereof,
where at least 40% of the area of the perimeter is
open and unobstructed by a wall; door; post; or,
pier, and which is used for the parking or storage of
motor vehicles.
Car Wash: A building or potion of a building, which
is used for the washing of vehicles, including full
service, automatic and hand operated facilities.
Cemetery: A burial site or columbarium, as defined
in the Cemeteries Act Chapter C-4, R.S.S. 1981, as
amended from time to time.
Chief Administrative Officer (CAO): The
Administrator of the Town of Stoughton.
Club: A group of people organized for a common
purpose, to pursue common goals, interest or
activities, and usually characterized by certain
membership qualifications; payment of dues or
fees; regular meetings; and, a constitution and
bylaws.
Commercial Use: The use of land, building(s), or
structure(s) for the purpose of buying and selling
commodities, and supplying professional and
personal services for compensation.
Commercial/Industrial Use, Large Scale:
Commercial or industrial land uses maintaining a
lineal frontage in excess of 90 metres (295.3 ft.).
Commercial/Industrial Use, Small Scale:
Commercial or industrial land uses maintaining
lineal frontage of less than 90 metres (295.3 ft.).
Community Facilities: Building or facilities used for
recreational; social; educational; or, cultural
activities and that are owned by a municipal
corporation, non-profit corporation or other non-
profit organization.
Community Garden: An area of land managed and
maintained by a formal or informal group of
individuals to grow and harvest crops and/or non-
food ornamental crops, such as flowers, for
personal or group use; consumption; donation; or,
sale at a farmers' market or farm stand. Community
gardens may be divided into separate plots for
cultivation by one or more individuals or may be
farmed collectively by members of the group and
Zoning Bylaw | BYLAW NO. 445/18
Page | 9
may include common areas maintained and used by
group members. Community gardens may occupy a
portion of any public municipal land subject to the
approval of the Development Officer.
Compost: Materials used in gardening; agriculture;
landscaping; erosion control; wetland construction;
and, landfill cover.
Concrete and Asphalt Plant: An industrial facility
used for the production of asphalt or concrete,
asphalt or concrete products, used in building or
construction. This includes facilities for the
administration or management of the business, the
stockpiling of bulk material used in the productions'
process or of finished products manufactured on
the premises and the storage and maintenance of
required equipment.
Condominium: Land, buildings and units including
private and common property as defined under the
Condominium Property Act, 1993.
Condominium Unit: A division of land or building as
defined in the Condominium Property Act, 1993.
Confectionary: A retail, commercial establishment
supplying a limited selection of food and other daily
household necessities to the surrounding area.
Conservation: The planning, management and
implementation of an activity with the objective of
protecting the essential physical, chemical and
biological characteristics of the environment.
Construction Trades: Offices, shops and
warehouses with or without retail sales for trades
associated with construction of buildings.
Contractors Yard: The yard of a contractor or
company, including landscaping materials uses as a
depot for the storage and maintenance of
equipment used by the contractor or company. This
includes facilities for the administration or
management of the business and the stockpiling or
storage of supplies used in the business.
Convenience Store: The store offering for sale
primarily food products; beverages; personal care
items; hardware; and, printed matter and which
primarily provides a convenient day-to-day services
to residents and visitors of the area.
Council: The elected Council of the Town of
Stoughton.
Cultural Institution: Establishments such as
museums; art galleries; libraries; and, similar
facilities or historical, education or cultural interests
which are not commercially operated.
D
Daycare Centre: An establishment providing for the
care, supervision and protection of children, adults,
or seniors, though does not include the provision of
overnight supervision.
Deck: Any raised floor structure at least 0.3 metres
(1.0 ft.) above the average ground level upon which
it is constructed, either adjacent to a building or
freestanding with stairway, ramp or similar access.
Demolition Permit: A permit issued for the removal
or dismantling of a building or structure within the
Town's boundaries as prescribed under Section 13
of the Uniform Building and Accessibility Standards
Act.
Development: The carrying out of any building,
engineering, mining or operations in, on or over
land, or making of any material change in the use
or intensity of use of any building, or land, and shall
include though not be limited to, excavating; filing;
grading; or, drainage of land.
Development Officer: A person appointed by the
Town Council to act as a Development Officer to
administer this Bylaw.
Development Permit: A document issued by the
Town of Stoughton that authorizes development
pursuant to this Bylaw, and does not include a
Building Permit.
Directional Signage: Signage located off-site
providing direction to, and information about, a
specific enterprise or activity, which does not
contain general advertising.
Discretionary Use: Uses or development of land,
buildings or other structures that may be permitted
in a zoning district only at the discretion of Council
and which conforms to all discretionary use
regulations and other regulations applicable to the
district in which the use is located.
Driveway: The portion of a lot used to provide
vehicular access from a street to a parking space or
to an off-street parking or loading area located on
the same lot.
Zoning Bylaw | BYLAW NO. 445/18
Page | 10
Dwelling: A building or part of a building intended
for residential occupancy.
Dwelling Unit: One (1) or more habitable rooms
used, or fully capable of being used as a residence,
where each unit provides sleeping, cooking and
toilet facilities.
Dwelling, Duplex: A building that is divided into two
(2) dwelling units with separate entrances and
separated by a common party wall.
Dwelling Group: A group of single-detached, semi-
detached, or multiple unit dwellings clustered on
one (1) lot or site, built as one (1) development.
Dwelling, Multiple Unit: A building containing three
(3) or more dwelling units and shall include
condominiums, townhouses, 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 extended from the base of the foundation to
the roofline.
Semi-Detached Dwelling
Dwelling, Single-Detached: A building containing
only one (1) dwelling unit, and shall not include a
mobile home as herein defined.
Single-Detached Dwelling
Dwelling, Townhouse: A dwelling designed as one
(1) cohesive building in terms of architectural
design, which contains three (3) or more similar
attached dwelling units each of which fronts on a
street, has direct access to the outside at grade and
is not wholly or partly above another dwelling.
Townhouse Dwelling
E
Educational Institution: An establishment
dedicated for the purpose of providing education
and instruction in any branch of knowledge.
Environmental Site Assessment: An investigation
intended to identify actual or potential
contamination, and is performed by a qualified
person in accordance with the Canadian Standards
Association, Standard Z768-94, Phase 1
Environmental Site Assessment.
Estimated Peak Water Level (PRWL): The water
level calculated by the Saskatchewan Water
Security Agency to determine a flood hazard area.
Existing: In place, taking place, or with all approvals
and permits in place on the date of the adoption of
this Bylaw.
F
Farm Building/Yard: Improvements such as barns
and granaries used in connection with the growing
and sale of trees, shrubs and sod; the raising or
production of crops, livestock and poultry; fur
production; or, bee keeping, situated on a parcel of
land used for the farm operation.
Fence: A structure used to enclose or screen areas
of land.
Fill (Clean Fill): Soil, rock or other material approved
by the Town.
Flanking: Means to the side of a lot, parcel or site.
Flood: A temporary rise in the water level that
results in the inundation of areas not ordinarily
covered by water.
Floodplain: The area prone to flooding from a water
body or watercourse that comprises the combined
area of the flood way and flood fringe.
Floodway: The portion of the flood plain adjoining
the channel where the waters in the 1:500 year
flood are projected to meet or exceed a depth of
one (1) metre or a velocity of one (1) metre per
second.
Zoning Bylaw | BYLAW NO. 445/18
Page | 11
Flood Fringe: The portion of the flood plain where
the waters in the 1:500 year flood are projected to
be less than a depth of one (1) metre or a velocity
of one (1) metre per second.
Cross-Section of a Flood Fringe and Floodplain
Flood Proof: A measure, or combination of
structure and non-structural measures,
incorporated into the design of a structure, which
reduces or eliminates the risk of flood damage to a
defined elevation.
Floor Area: The maximum area contained within
the outside walls of a building, excluding in the case
of a dwelling, any private garage; porch; veranda;
open deck; unfinished attic; unfinished basement;
or, cellar, and in a commercial or industrial building,
any utility room.
Frontage (Lot Frontage): The distance across the
street side of a lot (a lot must front on a street),
between the points where the side lines of the lot
meet the street right-of-way or boulevard; or,
where a lot is irregular in shape and is narrowest at
the front street end. The width of the lot shall be
measured parallel to the street line at the centre of
the front lot line and at a setback from the front lot
line, no greater than the minimum permitted
building setback.
Future Land Use Map (FLUM): In its projections, the
map specifies certain areas for growth and others
for residential; industry; commercial; and,
conservation. The Future Land Use Map for
Stoughton is attached as Appendix "A" in the
Official Community Plan No. 444/18.
G
Garage, Private: A building or part of a building
used for, or intended to be used for the storage of
motor vehicles and wherein neither servicing nor
repairing of such vehicles are carried on for
remuneration.
Garage, Public: A building or place where motor
vehicles are stored or repaired for remuneration
though does not include car washing
establishments, an auto sales lot or an automobile
service station.
Garage/Garden Suite: A small accessory dwelling
unit located in the rear of single detached dwelling
or within a detached accessory building that may
have cooking; food preparation; sleeping; and,
sanitary facilities which are separate from those of
the single detached dwelling.
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 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, though are
sold directly at wholesale or retail from the site.
Greenhouse, Private: A building for the growing of
flowers; plants; 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: Corridors or protected open spaces
that are publicly or privately owned and managed
for conservation and recreation purposes.
Group Home: See Personal Care Home.
H
Hazardous Industry/Substance: A substance that,
because of its quality, concentration or physical or
chemical 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
Zoning Bylaw | BYLAW NO. 445/18
Page | 12
natural drainage, ground water seepage, erosion,
steep slopes, rock formations; or, other similar
features.
Health Service Facility (Health Clinic): A building or
part thereof used by qualified health service
practitioners for the treatment of human health
needs.
Heritage Resource: The history, culture and
historical resources of an area and its residents.
Highway Commercial: Commercial activities
normally located along highways, major roadways
and on other locations considered strategic by the
type of business involved serving the needs of the
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 the regulations of the Department of
Highways entitled the Erection of Signs Adjacent to
Provincial Highway Regulations, 1986, as may be
amended from time to time.
Home-Based Business and Occupation: A trade or
craft conducted for gain in a dwelling unit or a
conforming accessory building by the resident or
residents and which is incidental and secondary to
the residence and does not change the building's
exterior character.
Hotel: A building, structure or part of a building or
structure in which sleeping accommodation with or
without meals is provided for tourists or travelers,
and where guests register or record is kept, though
does not include a motel or rooming house.
I
Industrial Exclusionary Uses: Refers to certain
industrial activities that may be characterized as
exhibiting a high potential for adversely affecting
the safety, use, amenity or enjoyment of adjacent
and nearby industrial and non-industrial sites due to
their scale; appearance; noise; odour; emissions;
and, hazard potential. Such activities are considered
exclusionary when the only means of mitigating the
associated negative effects on surrounding land
uses is through spatial separation. Exclusionary uses
include, though are not limited to, the following:
landfill; ethanol plants; transformer stations;
uranium refineries; anhydrous ammonia storage;
and, distribution centres.
Industrial Park: An area of land set aside for
industrial development, usually located close to
transport facilities, especially where more than one
(1) transport mode coincides (i.e. highways,
railways, airports).
Industrial Use: The use of land, buildings or
structures for the manufacturing; assembling;
fabrication; warehousing; or, storage of goods and
materials.
Infill Development: Re-development within existing
areas of neighbourhoods.
Institutional Use: The use of land, buildings or
structures for religious; charitable; educational;
health; or, welfare purposes and included churches;
public or private schools; nursery schools; hospitals;
and, special care.
J
Junked Vehicle: Any automobile; tractor; truck;
trailer; or, other motorized vehicles that:
a. Has no current valid licence plates attached
to it; or,
b. Is in a rusted; wrecked; partly wrecked;
dismantled; partly dismantled; inoperative;
or, abandoned conditions; and
c. Is located on private land, though is not
within a structure erected in accordance
with any law respecting the erection of
buildings and structures in force within the
Town of Stoughton and that does not form
a part of a businesses enterprise lawfully
being operate on that land.
K
Kennel, Boarding: The temporary accommodation
of more than four (4) dogs, cats or other domestic
animals for commercial purposes.
Kennel, Breeding: The keeping of domestic animals,
male and female, and which are more than twelve
(12) months old, for breeding purposes.
Kennel, Enclosure: An accessory building or
enclosure intended to house one (1) or more
domestic animals.
Zoning Bylaw | BYLAW NO. 445/18
Page | 13
L
Landscaped Area: An area not built upon and not
used for any purpose other than as an open space
that may include grass; shrubs; flowers; trees; and,
similar types of vegetation and may contain paths;
walkways; patios; fences; and, similar outdoor
amenities and does not include parking areas,
parking lots or driveways.
Land Use Zoning District: Divisions identified in the
Zoning Bylaw establishing permitted and
discretionary uses of land or buildings within
attendant regulations.
Lane: A secondary public thoroughfare intended
primarily to give access to the rear or side of the
abutting property.
Livestock: Domesticated animals used primarily as
beasts of burden for the production of fur; hides;
meat; milk; eggs; or, other product, or as breeding
stock and excludes companion animals.
Live/Work: A dwelling unit, part of which may be
used as a business establishment, where the
dwelling unit is the principle residence of the
business operator.
Live/Work Residential Acreage: A residential
development where the owner's principle source of
income is derived from a source other than
agriculture, and where an onsite occupation or
activity is permitted including the storage of
material and the maintenance of equipment related
to the occupation.
Loading Space: A space measuring at least 2.5
metres (8.2 ft.) in width and 8.5 metres (27.9 ft.) in
depth, located on a lot, and having access to a
street or land, in which a vehicle may park to load
or unload.
Lot: An area of land with fixed boundaries on record
with the Information Services Corporation (ISC) by
Certificate of Title. For the purposes of this Bylaw
the term "lot" and "site" shall be deemed not to
mean the same.
Lounge: A room or area adjoining a restaurant set
aside for the sale of beverage alcohol for
consumption on the premises, with food, either in
the lounge or in the adjoining restaurant. The area
of a lounge may not exceed 50% of the public
assembly area in the adjoining restaurant, subject
to provincial regulations.
M
Manufacturing Establishment: A firm or business
engaged in the mechanical or chemical
transformation of materials or substances into new
products including the assembling of component
parts, the manufacturing of products and the
blending of materials.
Marquee: A roof-like structure of a permanent
nature, which projects from the wall of a building
that is independently supported by a system of
columns or piers without walls over an entrance to
a building.
Mayor: The Mayor of the Town of Stoughton.
Minister: The member of the Executive Council to
whom for the time being is assigned the
administration of the Planning and Development
Act, 2007.
Mini-Storage: A commercial facility made of more
than one (1) unit in which customers can rent space
to store possessions.
Mixed-Use: A mix of land uses that facilitate the
mixing, rather than separation of, land uses in one
(1) distinctive environment, either vertically in the
same building or horizontally adjacent. It is
intended to be compatible with adjacent uses.
Mobile Home: A trailer coach that may be used as a
dwelling year-round; has water faucets and shower
or other bathing facilities that may be connected to
a water distribution system; has facilities for
washing and a water cost or other similar facility
that may be connected to a sewage system; and,
that conforms to the Canadian Standards
Association (CSA) Standard #Z240.
Double-Wide Mobile Home
Mobile Home Park: A site under single
management for the placement of two (2) or more
mobile homes and shall include all accessory
buildings necessary to the operation and does not
Zoning Bylaw | BYLAW NO. 445/18
Page | 14
include an industrial or construction camp or tourist
campsite. For the purpose of this Bylaw the term
"mobile home park" and "mobile home court" shall
be deemed to mean the same.
Mobile Home Site: An area of land in a mobile
home park or other residential areas that is
intended to be occupied by one (1) mobile home
and for exclusive use of its occupants with access to
a driveway or a public street.
Mobile Home Subdivision: Any subdivision of land
and the development thereof for the purpose of
accommodating mobile homes in such a manner
that each home is situated on its own site. All such
sites shall include public open spaces; internal
streets and lanes; buffer zones; and, other amenity
areas form a contiguous area of development.
Mobile Storage Container: A large standardized
reusable corrugated weathering six sided steel box
uses for the safe, efficient and secure storage and
movement of materials and products within a global
containerized intermodal freight transport system.
Intermodal means that the container can be moved
from one (1) mode of transport to another without
unloading and reloading the contents of the
container. It does not contain a foundation or
wheels for movement. It includes a trailer uses to
handle freight in the transportation of good for
others though exclude house trailers, light farm
trailers and car trailers.
Modular (Manufactured) Home: A residential
dwelling that is constructed off-site in a yard or
factory, in one (1) 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 dwellings built on site in the Town, and
conforming to Canadian Standards Association
(CSA) Standard #A277.
Modular (Manufactured) Home
Modular (Manufactured) Home Subdivision: Any
subdivision of land and the development thereof for
the purpose of accommodating modular homes in
such a manner that each home is situated on its
own site and in which all sites; public open space;
internal streets; buffer zones; and, other amenity
areas form a contiguous area of development.
Motel or Motor Hotel: A building or buildings
consisting of a number of individual rental units,
intended for the use of the traveling public, each
containing at least a bedroom and bathroom, and
each having convenient access to a parking space
for the use of the occupants of the units and may or
may not provide food service.
Motor Vehicle: An automobile, truck, motorcycle or
any other vehicle propelled or driven otherwise
than by muscular power, excluding a commercial
motor, a streetcar or other motorized snow vehicle,
traction engine, farm tractor, self-propelled
implement of husbandry or road-building machine.
Multiple-Unit Building: A building containing two
(2) or more distinct uses, each of which is allowed in
the zoning district in which the building is located.
Multiple Complimentary (Vertically Integrated)
Activities: The accommodation of multiple
complimentary activities which could be considered
principle permitted uses under single or multiple
ownership within one (1) or more buildings on a
single parcel where these uses are considered to
provide additional processing and/or the sale of
manufactured goods produced onsite.
Municipality: The Town of Stoughton.
Municipal Reserve: Dedicated lands that are
provided to a municipality for public use, or that
were dedicated as public reserve and transferred to
a municipality pursuant to the Planning and
Development Act, 2007.
Museum: An institution that is established for the
purpose of acquiring; conserving; studying;
interpreting; assembling; and, exhibiting to the
public for its instruction and enjoyment, a collection
of assets of historical interest.
N
Natural Areas: An area relatively undisturbed by
human activities and characterised by indigenous
Zoning Bylaw | BYLAW NO. 445/18
Page | 15
species including remnant or self-sustaining areas
with native vegetation, water or natural features.
Non-Conforming Site: A site consisting of one (1) 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: Any use of land, building or
structure lawfully existing of under construction
where permits have been issued at the time of
passing this Bylaw, the use of which does not
comply with all the regulations of this Bylaw
governing the zoning district in which it is located.
Noxious Use or Condition: Any use or facility that
causes or produces harmful or hazardous noise;
vapours; smoke; dust (particles suspending in or
transported by air); vibrations; electrical or
electromagnetic fields; glare; or, light.
O
Office or Office Building: A building or part of a
building used primarily for conducting the affairs of
a business; profession; service; industry; or,
government in which no goods or commodities of
business or trade are stored; trans-shipped; sold;
or, processed.
Official Community Plan (OCP): The Town of
Stoughton Official Community Plan Bylaw No.
444/18, as per Section 32 of the Planning and
Development Act, 2007.
Open Space: Passive and structured leisure and
recreation areas that enhance the aesthetic quality
and conserve the environment of the community,
including parks; recreation; tourism nodes; and,
natural areas.
Outdoor Maintenance: Maintenance services that
have all or any portion of their operations located
outside of an enclosed building.
P
Parcel: Any quality of land, consisting of one (1) or
more lots, that is capable of being described with
such definiteness that its location and boundaries
may be established.
Parking Lot: An open area, other than a street, used
for temporary parking of more than four (4) vehicles
and available for public or private use.
Parking, Off-Street: Accommodation for the parking
of vehicles off a public road or highway.
Parking Space: A space within a building or parking
lot for the parking of one (1) motor or recreational
vehicle including convenient access to a public lane
or street and shall be not less than 2.5 metres (8.2
ft.) in width and 5.5 metres (18.0 ft.) in length.
Park Model Trailer: A seasonal dwelling mobile
home that cannot be licensed as a recreation
vehicle, has no brake or tail lights, or must be
permitted to be transported on a public highway.
The total square footage must be at or below the
maximum 538 ft2, as specified in the Canadian
Standards Association (CSA) Standard # Z241.
Pasture: A site that is used for the raising and
feeding of livestock by grazing.
Patio: Any hard surface or floor structure less than
0.3 metres (1.0 ft.) above the average ground level
upon which it is constructed.
Permitted Use: The use of land, buildings or other
structures that shall be permitted in a zoning
district where all requirements of this Zoning Bylaw
are met.
Person: A person shall apply to an individual;
association; firm; partnership; corporation; trust
and their heirs; executors; or, other legal
representatives of a person to whom the same can
apply according to the law.
Personal Care Home: A facility licensed under the
Personal Care Homes Act that provides long-term
residential, social and personal care. This includes
the accommodation; meals; supervision; or,
assistance for persons who have limits on ability for
self-care, and are unrelated to the operator or
owner.
Personal Service Trades: A building or part of a
building in which persons are employed in
furnishing services and administering to customer's
personal and/or grooming needs, though does not
include the provision of health related services.
Placemaking: A multi-faceted approach to the
planning, design and management of public
Zoning Bylaw | BYLAW NO. 445/18
Page | 16
spaces. Placemaking capitalizes on a local
community's assets, inspiration, and potential, with
the intention of creating public spaces that promote
people's health, happiness, and well being.
Place of Worship: A building set aside by any
religious organization for public worship. Typical
uses include churches; chapels; mosques; temples;
synagogues; and, parish halls.
Pond: Any constructed containment of water for
the purpose of landscape enhancement, keeping of
ornamental fish or aquatic plants or for other
similar purposes, though not a swimming pool.
Principle Use: The main or primary activity, for
which a site or its buildings are designed; arranged;
developed; intended; or, for which is occupied or
maintained.
Public Work: A facility as defined under the
Planning and Development Act, 2007 including a
system; work; plant; equipment; or, services,
whether owned or operated by the municipality, or
by a corporation under federal or provincial statute.
The facility may furnish any of the following services
and facilities to, or for the use of the inhabitants of
the Town of Stoughton:
Communication by way of telephone lines,
optical cable, microwave and cable;
Television services;
Delivery of water, natural gas and
electricity;
Public transportation by bus, rail or other
vehicle production, transmission;
Collection and disposal of sewage, garbage
and other wastes; and
Fire and police services.
Q
Quarriable Substance: Any mineral substance, the
property of the Crown in the right of Saskatchewan,
which is capable of being quarried and includes
bentonite; building stone; granite; gravel; gypsum;
limestone; marble; marl; sand; slate; volcanic ash;
and, any other substance which may from time to
time be declared by the Lieutenant Governor in
Council quarriable substance within the meaning of
these regulations.
R
Real-Estate Signage: Signage directly associated
with the sale of a property on which it is located
and which maintains a gross surface area of less
than 1.0 m2 (11 ft2).
Recreational Use: The use of land for parks;
playgrounds; tennis courts; lawn bowling greens;
indoor and outdoor skating rinks; 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.
Recreational Vehicle (RV): A vehicle intended to
provide temporary living accommodation, built as
part of, or to be towed by a motor vehicle to be
used on public highway without special permit.
Recreational vehicles include truck campers; motor
homes; fifth wheel trailers; travel trailers; and, tent
trailers.
Recreational Vehicle (RV) Park: An area of land
managed as a unit, providing short-term
accommodation for recreational vehicles including
accessory facilities such as administration offices
and laundry facilities.
Recycling Collection Depot (Neighbourhood): A
building or structure used for the collection and
temporary storage of recyclable household
materials such as bottles; cans; plastic containers;
paper; and, paint. This shall not include processing
of recyclable materials other than compaction; the
collection and storage of oil, solvents or other
hazardous material; or, outdoor compaction or
storage.
Recycling Collection Facility (Commercial): A
building or structure intended to accommodate the
collection; sorting; processing; and, temporary
storage of recyclable materials that would
otherwise be considered waste. These types of uses
include outdoor processing or storage.
Redevelopment: See Infill Development.
Residence: See Residential Use.
Residential Care Home: A licensed or approved
group care home governed by provincial regulations
that provide, in a residential setting, 24 hour care of
persons in need of personal services, supervision or
Zoning Bylaw | BYLAW NO. 445/18
Page | 17
assistance essential for sustaining the activities of
daily living or for the protection of the individual.
Residential Use: The use of land, buildings or
structures for human habitation.
Restaurant: A building or part of a building wherein
food is prepared and offered for sale to the public
primarily for consumption within the building.
Limited facilities may be permitted to provide for a
take-out food function provided that such a facility
is clearly secondary to the primary restaurant use.
Retail Store (Shop): A building or part thereof, or a
place where goods; wares; merchandise;
substances; or, articles are offered or kept for sale
or rent. This may include servicing and the
manufacturing of products onsite for sale on the
site, so long as the gross floor area used for
manufacturing does not exceed 25% of the gross
floor area of the retail store.
Right-of-Way: The land set aside for use as a
roadway or utility corridor. Right-of-ways are
purchased prior to the construction of a new road
or utility line, and usually enough extra land is
purchased for the purpose of providing mitigative
features. Sometimes road right-of-ways are left
vacant after the initial roadway facility is
constructed to allow for future expansion.
Rooming House (Boarding House): A building which
contains a room or rooms for accommodation other
than a dwelling unit or other form of
accommodation defined elsewhere in this Bylaw,
where meals may or may not be provided, with
sleeping facilities and may include private toilet
facilities.
Ready-to-Move (RTM) Home: A residential dwelling
that is constructed off-site, in a yard or factory, to
National Building Code and transported as a single
unit to a site for permanent installation on a
permanent foundation, which may include a
basement.
Ready to Move (RTM) Home
S
Safe Building Elevation (SBE): A level as defined by
the Ministry of Government Relations, at the time
of subdivision to which flood proofing must be done
for developments in the flood hazard area. The SBE
is calculated as the Estimated Peak Water Level
(EPWL) plus a freeboard value to allow for
uncertainties in calculations and other possible
hazards such as ice push; ice jams; wind; waves;
and, erosion.
Satellite Dish: A parabolic antenna utilized for the
reception of satellite transmitted television or radio
waves.
Salvage Yard (Wrecking): A parcel of land where
second-hand, discarded or scrap materials are
bought; sold; exchanged; stored; processed; or,
handled. Materials include scrap iron; structural
steel; rages; rubber tires; discarded goods;
equipment; appliances; or, machinery.
School: An educational facility under the jurisdiction
of a Board of Education; a college; university; or,
any other school established and maintained either
wholly or partially at public expense, whether or not
the same is a boarding school and includes any
dormitory building accessory to the such school.
Sea Container: See Mobile Storage Container.
Secondary Suite: A self-contained dwelling unit
which is an accessory use to, and located within, a
detached building in which the principle use is a one
(1) unit dwelling.
Self-Service Storage Facility: A commercial business
that rents or leases storage rooms; lockers;
containers; modular storage units; and/or, outdoor
space for businesses and individuals to store and
access their goods.
Septic Tank: A digestion chamber in which sewage
is received and retained and from which the
effluent is discharged.
Service Station: A site used for the retail sale of
lubricating oils and fuel, automobile accessories and
for the servicing and repairing of motor vehicles
essential to the operation of a motor vehicle. This
does not include an auto body or painting shop, car
sales lot or car washing establishment.
Zoning Bylaw | BYLAW NO. 445/18
Page | 18
Setback: The distance required to obtain the front
yard, rear yard or side yard provisions of this Bylaw.
Location and Area of Setbacks
Shopping Centre: A building or group of buildings
located on one (1) or more contiguous and/or non-
contiguous lot or site, in which four (4) or more of
the uses allowed in the zoning district are
collocated for their mutual benefit including the use
of off street parking and other joint facilities.
Should, Shall or May:
'Should' is an operative word which means
that in order to achieve plan objectives, it is
strongly advised that the action be taken.
'Shall' is an operative word which means
the action is obligatory.
'May' is an operative word meaning a
choice is available, with no particular
direction or guidance intended.
Sight Triangle: The triangular area formed, on
corner sites, by the intersection front and side site
lines at a street intersection and the straight line
joining said site lines.
Sign: Any device; letter; symbol; emblem; or,
picture that is affixed to or represented directly or
indirectly upon a building, structure or piece of land
and that identifies or advertises any object;
product; place; activity; person; organization; or,
business in such a way as to be visible to the public
on any street, thoroughfare or any other public
place.
Sign, Billboard: A private free standing sign,
including supporting structure, which advertises
goods; products; services; organizations; or facilities
that are available from, located on or refer to a site
other than the site on which the sign is located.
Sign, Canopy: A sign attached to, or painted on, an
awning, canopy or freestanding canopy.
Sign, Fascia: A sign fastened to, or painted on, the
wall of a building or structure in such a manner that
the wall becomes the supporting structure for, or
forms the background surface of the sign and which
does not project more than 0.5 metres (1.6 ft.) from
such building or structure.
Sign, Freestanding: A sign, except a billboard,
independently supported and visibly separated
from a building or other structure and permanently
fixed to the ground.
Sign, Height: The vertical distance measured from
the highest point of the site to grade level at the
centre of the sign.
Sign, Marquee: A sign that is mounted, or painted
on or attached to an awning, canopy or marquee.
Sign, Off-Premises: A sign which contains any
message chosen by a person other than the person
in control of the premises upon which the sign is
located.
Sign, Projecting (Awning): A structure that is
mechanical and fabricated from plastic, canvas or
metal that is spread across a frame designed to be
attached to a wall and hung above a doorway or
window.
Sign, Temporary: A sign which is not permanently
installed or affixed in position, advertising a product
or activity on a limited basis.
Site: An area of land, consisting of one (1) or more
lots consolidated under a single Certificate of Title,
considered as a unit devoted to a certain use or
occupied by a building or permitted group of
buildings, and the customary accessories and open
spaces belonging to the same.
Site Area: The total horizontal area within the site
lines of a site.
Site, Corner: A site at the intersection of two (2) or
more public streets, or upon two (2) parts of the
same street, the adjacent sides of which street(s)
(or, in the case of a curved corner, the tangents at
the street extremities of the side site lines) contain
Zoning Bylaw | BYLAW NO. 445/18
Page | 19
an angle of not more than 135 degrees. In the case
of a curved corner, the corner of the site shall be
that point on the street at the point of intersection
of the said tangents.
Site Coverage: The percentage of the site area
covered by all the buildings above the ground level.
Site Depth: The horizontal distance between the
front site and rear site lines, but where the front
and rear site lines are not parallel to the site depth
is the length of a line joining the midpoint of such
site lines.
Site Line: Any boundary of a site.
Site Line, Front: The line separating the site from
the street; for a corner site - the shorter line
abutting a street; though in the case of a corner site
with two (2) street lines of equal length, the front
site line shall be designated by predetermined
building lines.
Site Line, Rear: The site line at the rear of the site,
opposite the front site line.
Site Line, Side: A site line other than a front or rear
site line.
Site Plan: A plan showing the location of existing
and proposed buildings on a site in relationship to
the site lines.
Site Width: The horizontal distance between the
side boundaries of the site measured at a distance
from the front lot line equal to the minimum front
yard required for the district in which the site is
located.
Site, Through: A site other than a corner site, having
separate frontages on two (2) streets. The front site
line of a through site shall be determined by
predetermined building lines.
Solar Collector: A device for the absorption of solar
radiation for the heating of water or buildings or
the production of electricity.
Special Care Facility (Nursing Home): An
institutionalized nursing home; supervisory care
home; sheltered care home; or, other facility used
for the purpose of providing supervisory care,
personal care and nursing care.
Special Needs Housing: See "Alternatively Abled
Housing".
Stakeholders: Individuals, groups or organizations
who have a specific interest or "stake" in a
particular need, issue, situation or project and may
include members of the local community, residents,
community groups, or local, provincial and federal
governments.
Storey: That portion of a building, other than an
attic or basement, between the upper surface of
any floor and the upper surface of the floor next
above.
Storey, One-Half: That portion of a building situated
wholly or in part within the roof and in which there
is sufficient space to provide a height between
finished floor and finished ceiling of between 1.6
metres (5.2 ft.) and 2.3 metres (7.5ft.) over a floor
area of which is not less than one-third (1/3), nor
more than two-thirds (2/3) of the floor area of the
storey next below.
Street: The whole and entire width of every
highway, public road or road allowance vested in
Her Majesty, in the right of the Province of
Saskatchewan, and shown as such on a plan of
survey registered at the Information Services
Corporation (ISC).
Strip Mall (Mini Mall): A building in which a
minimum of three (3) and a maximum of six (6) of
the permitted or discretionary uses of the zoning
district are located together for their mutual
benefit.
Structural Alteration: The construction or
reconstruction of supporting elements of a building
or other structure.
Structure: Anything that is built, constructed or
erected that is located on the ground, or attached
to something located on or in the ground.
Subdivision: A division of land, including a division
of a quarter section, into legal subdivision as
described in the regulations made pursuant to the
Land Surveys Act, 2000.
Swimming Pool: Any body of water permanently
located outdoors or indoors, contained by artificial
means, used and maintained for the purpose of
swimming, wading or diving and having a depth of
0.6 metres (2.0 ft.) or more at any point.
Zoning Bylaw | BYLAW NO. 445/18
Page | 20
T
Tavern: An establishment, or portion thereof,
where the primary business is the sale of beverage
alcohol for consumption on the premises, with
food, and is subject to provincial regulations.
(Tele)communication Facility: A structure situated
on a non-residential site that is intended for
transmitting or receiving television, radio or cellular
communications, excluding those used exclusively
for dispatch communications.
Town: Town of Stoughton.
Traffic Calming: The deliberate slowing of traffic in
areas of a community through the installation of
safety solutions such as radar speed signs or speed
bumps in order to enhance the safety for
pedestrians and motorists.
Trailer Couch: Any vehicle used or constructed in
such a way as to enable it to be used as a
conveyance upon public streets or highways. This
includes a self-propelled or non-self-propelled
vehicle designed, constructed or reconstructed in
such a manner as will permit the occupancy thereof
as a dwelling or sleeping place for one or more
persons notwithstanding that its running gear is
removed or that it is jacked up.
Transfer Station: A specially engineered site for
disposing of solid waste on land, constructed so
that it will reduce hazard to public health and
safety.
Travel (Camping) Trailer, Truck Camper, 5th Wheel
Trailer, Motor Home: Any vehicle designed,
constructed or reconstructed in such a manner as it
will permit occupancy as a dwelling or sleeping
place for one (1) or more persons, notwithstanding
that its running gear is removed; jacked up; is used;
or, constructed in such a way as to enable it to be
used as a conveyance upon public streets,
highways. This includes self-propelled and non self-
propelled vehicles.
Motor Home - 5th Wheel Trailer
Trucking (Transportation) Firm Establishment: The
use of land, buildings or structures for the purpose
of storing; repairing; loading trucks, transporting
trailers and/or buses, and does not include an
automobile service station, transportation sales or
rental outlets.
U
Use: The activity or purpose for which any land,
building, structure or premise, or part thereof is
arranged, designed or intended, occupied or
maintained.
Used For: Includes "arranged for"; "designed for";
"intended for"; "maintained for"; and "occupied
for".
Utility Shed: An accessory building or structure
used for the storage of goods with a maximum floor
area of 9.29 m2 (100.0 ft2).
V
Vehicle: A device in, on or by which a person or
thing is or may be transported or drawn on a
highway and includes special mobile machines and
agricultural implements but does not include
vehicles running only on rails or solely on railway
company property.
Vehicle Repair and Maintenance Service, Indoor:
Includes all land uses which perform maintenance
services to motorized vehicles and contain all
operations (except vehicle storage) entirely within
an enclosed building.
Visitor Information Centre: A building that provides
information and services to visitors to a place such
as a community, tourism amenities, services and
others.
W
Warehouse: A building used for the storage and
distribution of wholesale goods and materials.
Waste Disposal Facility, Liquid: A facility to
accommodate any waste which contains animal,
mineral or vegetable matter in solution or
suspension, though does not include a septic
system for a single residence or farmstead, or a
manure storage area for an intensive livestock
operation.
Waste Disposal Facility, Solid: A facility or a
temporary storage facility, to accommodate
discarded materials, substances or objects which
originated from residential, commercial;
Zoning Bylaw | BYLAW NO. 445/18
Page | 21
institutional; and, industrial sources which are
disposed of in municipal or private landfills or
transfer stations, and not including dangerous
goods, hazardous waste or biomedical waste.
Water Body: A lake; pond; reservoir; lagoon;
swamp; marsh; wetland; or, any other area
containing standing surface water, either
permanently or intermittently.
Water Course: Any natural or artificial stream; river;
creek; ditch; channel; canal; conduit; culvert; drain;
waterway; gully; ravine; or, wash in which water
flows in a definite direction or course, either
continuously or intermittently, and has a definite
channel, bed and banks, and includes any area
adjacent thereto subject to inundation by reason or
overflow or design flood.
Wind Energy Conservation System: A system
composed of a wind turbine, tower and associated
control electronics with a capacity of less than 100
kilowatt (kW) for non-residential use of 10 kW for
residential use. It will be considered an accessory
use and is intended to provide onsite power for a
principle use.
Wind Turbine/Generator: The individual
component of a Wind Energy Conversion System
that converts kinetic energy from the wind into
electrical energy, independent of the electrical
conductors, electrical storage system, electrical
metering or electrical inverters.
Wind Turbine, Electrical: An individual component
of Wind Energy Conversation System which
converts kinetic wind energy to electrical energy
through electric currents.
Wind Turbine, Mechanical: An individual
component of a Wind Energy Conversion System
which converts kinetic wind energy to mechanical
energy through motion.
Work Camp: A temporary industrial or construction
camp established for the purpose of providing
accommodation for employees, and without
restricting the generality of the above, the camp is
usually made up of a number of mobile units,
clustered in such a fashion as to provided sleeping,
eating and other basic living facilities.
Y
Yard: Uncovered space, open to the sky on the
same site with a building or structure.
Yard, Front: The area between the side site lines
and the front site line to the front building line.
Yard, Rear: The area between the side site lines and
the front site line to the rear building line (corner
and interior).
Yard, Required: The minimum yard required by a
provision of this Bylaw and within which, unless
specifically permuted, no building, structure, or part
of a building or structure shall be erected.
Yard, Side: The area between the front and rear
yards and between the side site line and the side
building line (see Setback).
Z
Zoning District: See "Land Use Zoning District".
Zoning Bylaw | BYLAW NO. 445/18
Page | 22
SECTION 3: ADMINISTRATION AND INTERPRETATION
3.1
DEVELOPMENT OFFICER
3.1.1
The Chief Administrative Officer of the Town of Stoughton shall be the Development Officer responsible
for the administration of this Bylaw and in their absence by such other employee of the municipality as
the Council designates from time to time.
3.1.2
The Development Officer shall:
a. Receive, record and review development permit applications and issue decisions in consultation
with Council, particularly those decisions involving, discretionary uses, development permit
conditions and development and servicing agreements;
b. Maintain for inspection by the public during office hours, a copy of this Bylaw, zoning map and
amendments and ensure that copies are available to the public at a reasonable cost;
c. Make available, for public inspection during office hours, a register of all development permits and
subdivision applications and decisions;
d. Collect development fees, according to the fee schedule established in this Bylaw or any other
Development Fee Bylaw adopted by the Town; and
e. Perform other duties as determined by Council.
3.1.3
The Development Officer shall be empowered to make a decision regarding a development permit
application for a permitted use.
3.2
COUNCIL
3.2.1
Council shall make all decisions regarding discretionary uses, development and servicing agreements,
and Zoning Bylaw amendments.
3.2.2
Council shall make a recommendation regarding all subdivision applications circulated to it by the
Saskatchewan Ministry of Government Relations, prior to a decision being made by the Minister.
3.2.3
Council shall act on discretionary use, rezoning, and subdivision applications in accordance with the
procedures established by the Planning and Development Act, 2007 and in accordance with the Town of
Stoughton Official Community Plan.
3.3
INTERPRETATION
3.3.1
Where any provision of this Bylaw appears unclear, Council shall make the final Bylaw interpretation.
3.3.2
All Bylaw requirements shall be based on the stated metric units. The imperial units shown in this Bylaw
shall be approximate guidelines only.
3.4
APPLICATION FOR A DEVELOPMENT PERMIT
3.4.1
Unless the proposed development or use is exempt from development permit requirements, before
commencing any principle or accessory use development, including a public utility use, every developer
shall:
a. Complete and submit a development permit application; and
b. Receive a development permit for the proposed development.
3.4.2
A development permit shall not be issued for any use in contravention of any of the provisions of this
Bylaw and the Town of Stoughton Official Community Plan.
Zoning Bylaw | BYLAW NO. 445/18
Page | 23
3.4.3
Except where a particular development is specifically exempted by Section 3.5 of this Bylaw, no
development or use shall commence without a development permit first being obtained.
3.4.4
A building permit, where required, shall not be issued unless a development permit has been issued, or
is issued concurrently. Nothing in this Bylaw shall exempt any person from complying with a Building
Bylaw, or any other bylaw in force within the municipality, or from obtaining any permission required by
this, or any other bylaw of the municipality, the Province or the Federal Government.
3.4.5
The Development Officer shall make available, in addition to plumbing permits and plan information, a
copy of all approved development permit applications involving installation of water and sanitary
services, should such information be requested by provincial officials under the Public Health Act and
Regulations. The developer shall, at their own expense, provide suitable water supply and sewage
disposal facilities for that development acceptable to Council that meets the Public Health Act and
Regulations requirements.
3.5
DEVELOPMENT NOT REQUIRING A PERMIT
3.5.1
Residential Zoning Districts
a. Buildings and structures under 9.29 m² (100.0 ft2) in area, which are accessory to a principle,
residential use except where such dwelling is a discretionary use;
b. The television antennae or radio antennae; and/or
c. Relocation of any residential or accessory building provided development standards are still met on
the site.
3.5.2
Commercial Zoning Districts
a. Buildings and structures 9.29 m2 (100.0 ft2) that are accessory to a permitted, principle, commercial
use, except where such use is discretionary; and/or
b. A temporary building, the sole purpose of which is incidental to the erection or alteration of a
building for which a building permit has been granted.
3.5.3
Official Uses
a. Uses and building undertaken, erected or operated by the Town.
3.5.4
Internal Alterations
a. Residential Buildings: Internal alterations to a residential building, provided that such alterations do
not result in a change or use of an increase in the number of dwelling units within the building or on
site; and
b. Internal alterations and maintenance to other buildings, including mechanical or electrical work,
provided that the use, or intensity of use of the building, does not change.
3.5.5
Landscaping
a. Landscaped areas, driveways and parking lots provided the natural or designed drainage pattern of
the site and adjacent sites are not adversely impacted.
3.6
DEVELOPMENT PERMIT PROCEDURE
3.6.1
As per Section 62(2) of the Planning and Development Act, 2007, if a person applies for a development
permit with respect to a development or use described as a permitted use by a zoning bylaw, the
Development Officer shall, if the application conforms to the Zoning Bylaw, issue a development permit.
3.6.2
As soon as an application has been made for a development permit and prior to making a decision, the
Development Officer may refer the application to whichever government agencies or interested groups
Zoning Bylaw | BYLAW NO. 445/18
Page | 24
Council may consider appropriate. The Development Officer may also require the application to be
reviewed by planning, engineering, legal or other professionals, with the cost of this review to be borne
by the applicant.
3.6.3
A copy of all approved development permit applications, involving the installation of water and sanitary
services, shall be sent to the Health Authority.
3.6.4
Upon approval of a permitted or accessory use, the Development Officer shall issue a development
permit for the use at the location and under such terms and development standards specified by the
Official Community Plan and this Bylaw.
3.6.5
The applicant shall be notified in writing of the decision of their application. The applicant shall be
advised of their right to appeal a decision to the Development Appeals Board on a permitted or
accessory use application and any terms and conditions attached to an application.
3.6.6
A building permit, where required, shall not be issued unless a development permit has been issued, or
is issued concurrently.
3.7
DISCRETIONARY USE APPLICATIONS
Discretionary uses, discretionary forms of development, and associated accessory uses shall conform to the
development standards and applicable provisions of the zoning district in which they are located.
3.7.1
Discretionary Use Application Process:
a. 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 application and public hearing fees;
b. Where an application for a Development Permit is made for a discretionary use, the Development
Officer shall advise the Council as soon as practicable;
c. As soon as practicable after Council is advised that an application has been made for a
Development Permit for a discretionary use, Council shall consider the application. Prior to making
a decision, Council may refer the application to whichever Government Agencies or interested
groups, as Council may consider appropriate. Council also may require the application to be
reviewed by planning, engineering, legal or other professionals, with the cost of this review to be
borne by the applicant;
d. The Development Officer shall carry out on behalf of the applicant, the advertisement of the
proposed use by posting a notice of the application at the entrance to the property in question and
by mailing a copy of the notice to the assessed owner of each abutting property and each assessed
owner of property within a 75.0 metre (246 ft.) radius of the proposed development;
e. The Development Officer shall publish a notice of the application in accordance with the provisions
of the Planning and Development Act, 2007, whereby the applicant shall pay to the municipality a
fee equal to the costs associated with the public advertisement;
f. The Development Officer will prepare a report concerning the application which may contain
recommendations that conditions of approval be applied in accordance with Section 56 of the
Planning and Development Act, 2007;
g. The Development Officer will set a date for the public hearing at which time the application will be
considered by Council and if deemed necessary, provide notice to assessed owners of property
indicating so within the information packages provided as part of the notification process;
h. Council shall consider the application together with the reports of the Development Officer and any
written or verbal submissions received by Council; and
Zoning Bylaw | BYLAW NO. 445/18
Page | 25
i.
Council may reject the application or approve the application with or without conditions, including
a condition limiting the length of time that the use may be conducted on the site.
3.7.2
Discretionary Use Decision
a. The applicant shall be notified of Council's decision by regular mail addressed to the applicant at the
address shown on the application form. The applicant shall be advised of their right to appeal any
terms and conditions attached to a discretionary use application to the Development Appeals
Board;
b. Council's approval of a discretionary use application is valid for a period of twelve (12) months from
the date of the approval. If the proposed use or proposed form of development has not
commenced within that time, the approval shall no longer be valid. The Development Officer shall
advise the applicant and Council when a prior approval is no longer valid;
c. Council may approve a discretionary use application for a limited time period where it is considered
important to monitor and re-evaluate the proposal and its conformance with the provisions of this
Bylaw; and
d. Upon approval of a discretionary use by resolution of Council, the Development Officer shall issue a
development permit for the discretionary use at the location and under such terms and
development standards specified by Council in its resolution.
3.8
DEVELOPMENT PERMIT APPLICATION FEES
3.8.1
An applicant seeking the approval of a permitted or discretionary development permit application shall
pay the following fee: $100.00 or shall pay the required fees as set out in a separate Development Fee
Bylaw of the municipality.
3.8.2
There shall be no development permit application fee for accessory buildings to a residential use, sign
permits, licenses for home occupations or other forms of a business license.
3.8.3
An applicant seeking a discretionary use approval shall pay the required non-refundable fee: $200.00 or
shall pay the required fee as set out in a separate Development Fee Bylaw of the Town.
3.8.4
An application for a minor variance shall be in a form prescribed by the Development Officer and shall
be accompanied by an application fee as set out in a separate Development Fee Bylaw of the
municipality.
3.9
FEE FOR ZONING AMENDMENT APPLICATION
3.9.1
When an application is made to Council for an amendment to this Bylaw, the applicant making the
request shall bear the actual cost of advertising such zoning amendment as permitted by the Planning
and Development Act, 2007. Council also may require the applicant to pay all costs incurred in a
professional review of the application and in carrying out a public hearing.
3.10 COMPREHENSIVE DEVELOPMENT REVIEWS
3.10.1 A Comprehensive Development Review may be completed prior to consideration of an application by
Council by any person proposing to rezone for multi-parcel (greater than two (2)) residential,
recreational, commercial or industrial purposes. The purpose of this review is to identify and address
social, environmental, health and economic issues and to encourage the development of high quality
residential, recreational, commercial and industrial developments. The scope and required detail of the
Comprehensive Development Review will be based on the scale and location of the proposed
development, and address such areas as the following:
a. Proposed land use(s) for various parts of the area;
Zoning Bylaw | BYLAW NO. 445/18
Page | 26
b. The effect on adjacent land uses and integration of the natural landscape regarding the planning
and design of the area;
c. The location of, and access to, major transportation routes and utility corridors;
d. The provision of services respecting the planning for future infrastructure within the municipality;
e. Sustainable development and environmental management practices regarding surface and
groundwater resources, storm water management, flooding and protection of significant natural
areas; and
f. Appropriate information specific to the particular land use (residential, commercial or industrial).
3.10.2 The Comprehensive Development Review must be prepared in accordance with the overall goals and
objectives of the Town of Stoughton Official Community Plan. Council shall not consider any
development application until all required information has been received. The responsibility for
undertaking all technical investigations and hosting public meetings as required shall be borne solely by
the applicant.
3.11 DEVELOPMENT APPEALS BOARD
3.11.1 Council shall appoint a Development Appeals Board consisting of a minimum three members, to hear
and determine appeals in accordance with Section 213 to 227 inclusive, of the Planning and
Development Act, 2007.
3.11.2 Right of Appeal
a. In addition to any other right of appeal provided by the Planning and Development Act, 2007, and
any other act, a person affected may appeal to the Board if there is:
i. Alleged misapplication of the Zoning Bylaw in the issuance of a development permit;
ii. A refusal to issue a development permit because it would contravene the Zoning Bylaw; or
iii. An issuance of a written order from the Development Officer.
b. There is no appeal pursuant to 3.11.2.a.ii if a development permit was refused on the basis that the
use in the zoning district for which the development permit was sought:
i. Is not a permitted use or a permitted intensity of use;
ii. Is a discretionary use or discretionary use of intensity that has not been approved by resolution
by Council; or
iii. Is a prohibited use.
c. Appellants may appeal where they are of the opinion that development standards prescribed by
Council with respect to a discretionary use exceed those necessary to secure the objectives of the
Zoning Bylaw;
d. An appellant shall make the appeal pursuant to 3.11.2.a within thirty (30) days after the date of the
decision; and
e. The Development Officer shall make available to all interested persons copies of the provisions of
the Planning and Development Act, 2007, respecting decisions of the Development Officer and right
of appeal.
3.12 MINOR VARIANCE
3.12.1 The Development Officer may vary the requirements of this Bylaw subject to the following
requirements:
a. A minor variance may be granted for the following only:
i. Minimum required distance of a building from a lot line; and
ii. The minimum required distance of a building from any other building on the lot.
b. The maximum amount of a minor variance shall be 10% variation from the requirements of this
Bylaw;
c. The development must conform to all other requirements of this Bylaw;
Zoning Bylaw | BYLAW NO. 445/18
Page | 27
d. The relaxation of the Bylaw requirement must not injuriously affect a neighbouring property; and
e. No minor variance shall be granted for a discretionary use or form of development, or in connection
with an agreement to rezone pursuant to Section 60 of the Planning and Development Act, 2007.
3.12.2 Upon receipt of a minor variance application the Development Officer may:
a. Approve the minor variance;
b. Approve the minor variance and impose terms and conditions on the approval; or
c. Deny the minor variance.
3.12.3 Terms and conditions imposed by the Development Officer shall be consistent with the general
development standards in this Bylaw.
3.12.4 Where a minor variance is refused, the Development Officer shall notify the applicant in writing,
providing reasons for the refusal.
3.12.5 Where a minor variance is approved, with or without terms, the Development Officer shall provide
written notice to the applicant and to the assessed owners of the property having a common boundary
with the applicant's land that is the subject of the approval.
3.12.6 A decision to approve a minor variance, with or without terms and conditions, does not take effect:
a. In the case of a notice sent by regular mail, until twenty three (23) days from the date the notice
was mailed; or
b. In the case of a notice that is delivered by personal service, until twenty (20) days from the date the
notice was served.
3.12.7 If an assessed owner of a property having an adjoining property with the applicants land objects to the
minor variance in writing to the Development Officer within the prescribed time period, the approval is
deemed to be revoked and the Development Officer shall notify the applicant in writing:
a. Of the revocation of the approval; and
b. Of the applicant's right to appeal the revocation to the Development Appeals Board within thirty
(30) days of receiving the notice.
3.12.8 If an application for a minor variance is refused or approved with terms or conditions, the applicant may
appeal to the Development Appeals Board within thirty (30) days of the date of that decision.
3.12.9 The Development Officer shall maintain a record of all minor variance applications.
3.13 NON-CONFORMING USES, BUILDINGS AND SITES
3.13.1 Any use of land, building or structure lawfully existing at the time of passing this Bylaw that is rendered
non-conforming by the enactment of this Bylaw or any subsequent amendments, may be continued,
transferred, or sold in accordance with provisions of Section 88 to 93 inclusive, of the Planning and
Development Act, 2007.
3.13.2 No enlargement, additions or reconstruction of a non-conforming use, building or structure shall be
undertaken, except in conformance with these provisions.
3.13.3 No existing use, building or structure shall be deemed to be non-conforming by reason only of the
conversion of this Bylaw from the Metric System of Measurement to the Imperial System of
Measurement where such non-conformity is resultant solely from such change and is reasonably
equivalent to the metric standard herein established.
Zoning Bylaw | BYLAW NO. 445/18
Page | 28
3.13.4 Where a building has been erected on or before the effective date of this Bylaw on a site having less
than the minimum dimensions or area, or having less than the minimum yards required by this Bylaw,
the use may be continued and the building may be enlarged, reconstructed, repaired or renovated
pursuant to the rights granted by Section 91 to 93 of the Planning and Development Act, 2007. These
rights are subject to the following:
a. The enlargement, reconstruction, repair or renovation does not further reduce the required yards
that do not conform to this Bylaw;
b. All other applicable provisions of this Bylaw are satisfied; and
c. Issuance of a development permit required by this Bylaw.
3.14 DEVELOPMENT PERMIT - INVALID
3.14.1 A development permit shall be automatically invalid and development shall cease, as the case may be:
a. If the development is not commenced within the period for which the permit is valid; or
b. If the development is legally suspended, or discontinued, for a period of twelve (12) or more
months, unless otherwise indicated by Council or the Development Officer.
3.15 CANCELLATION
3.15.1 Council or the Development Officer may cancel a development permit, and when cancelled,
development shall cease:
a. Where the Development Officer or Council is satisfied that a development permit was issued based
on false or mistaken information;
b. Where new information is identified pertaining to environmental protection, flood potential, or
slope instability; and/or
c. When a developer requests a development permit modification.
3.16 STOP-WORK
3.16.1 The Development Officer may authorize action to stop any development which does not conform to this
Bylaw, a development or servicing agreement, a development permit or condition, or an Interest
Registered with Information Services Corporation under this Bylaw.
3.17 BYLAW COMPLIANCE
3.17.1 Errors and/or omissions by any person administering or required to comply with the provisions of this
Bylaw do not relieve any person from liability for failure to comply with the provisions of this Bylaw.
3.18 REGISTERING INTEREST
3.18.1 As per Section 175 of the Planning and Development Act, 2007, the municipality may register an interest
based on a development levy agreement or servicing agreement in the land registry against the affected
title.
3.18.2 On registration of an interest based on a development levy agreement or servicing agreement, the rights
and privileges in the development levy agreement:
a. Enure to the benefit of the municipality; and
b. Run with the land and are binding on the registered owner of the land the registered owner's heirs,
executors, administrators, successor and assigns.
3.19 MOVING BUILDINGS
3.19.1 No building shall be moved within, into or out of the area covered by this Bylaw without obtaining a
development permit from the Development Officer, unless such building is exempt under Section 3.5 of
this Bylaw.
Zoning Bylaw | BYLAW NO. 445/18
Page | 29
3.20 TEMPORARY DEVELOPMENT AGREEMENTS
3.20.1 The Development Officer may issue a temporary development permit, with specified conditions for a
specified period of time, to accommodate developments incidental to approved construction,
temporary accommodation, oil and gas sector activities, temporary gravel operations or asphalt plants.
3.20.2 Nothing in this Bylaw shall prevent the use of land, or the erection or use of any building or structure for
a construction camp, work camp, tool shed, scaffold or other building or structure incidental to and
necessary for construction work on the premises, but only for so long as such use, building or structure
is necessary for such construction work as has not been finished or abandoned.
3.21 DEVELOPMENT LEVY AGREEMENTS
3.21.1 Council may pass a Development Levy Bylaw pursuant to Section 169 to 170 of the Act to establish
development levies to recover the capital costs of services and facilities.
3.21.2 As per Section 171 of the Planning and Development Act, 2007, if the Council deems it is necessary to do
so, the Council or Development Officer may require the development permit applicant to enter into a
development levy agreement with the municipality respecting the payment of the development levies.
3.22 SERVICING AGREEMENTS
3.22.1 Where a development proposal involves subdivision, Council may require a developer to enter into a
servicing agreement to ensure appropriate servicing pursuant to the Act.
3.22.2 In accordance with Sections 172 to 176 inclusive of the Planning and Development Act, 2007, the
agreement may provide for:
a. The undertaking and installation of storm sewers, sanitary sewers, drains, water mains and laterals,
hydrants, sidewalks, boulevards, curbs, gutters, street lights, graded, graveled or paved streets and
lanes, connections to existing services, area grading and leveling of land, street name plates,
connecting and boundary streets, landscaping of parks and boulevards, public recreation facilities
or other works that Council may require, including both onsite and off-site servicing; and
b. The payment of fees that the Council may establish as payment in whole or in part, for the capital
cost of providing, altering, expanding or upgrading sewage, water, drainage and other utility
services, public highway facilities or park and recreation space and facilities located within or
outside the proposed subdivision and that directly or indirectly serve the proposed subdivision.
Zoning Bylaw | BYLAW NO. 445/18
Page | 30
SECTION 4: GENERAL REGULATIONS
The following regulations shall apply to all zoning districts in this Bylaw.
4.1
LICENSES, PERMITS AND COMPLIANCE WITH OTHER BYLAWS AND LEGISLATION
4.1.1
In their interpretation and application, the provisions of this Bylaw shall be held to be the minimum
requirements adopted for the promotion of the public health, safety and general welfare.
4.1.2
Nothing in this Bylaw shall exempt any person from complying with the requirements of a Building
Regulation Bylaw or any other bylaw in force within the Town or law within Saskatchewan or Canada; or
from obtaining any license, permission, permit, authority or approval required by this or any other bylaw
of the Town or any law of Saskatchewan or Canada.
4.1.3
Where requirements in this Bylaw conflict with those of any other municipal, provincial or federal
requirements, the provincial or federal requirements shall prevail.
4.2
PRINCIPLE USE ESTABLISHED
4.2.1
In any zoning district in this Bylaw, the principle use of the land must be established prior to any
accessory buildings, structures or uses being permitted.
4.3
MULTIPLE USES
4.3.1
Notwithstanding anything contained in this Bylaw, where any land, building or structure is used for more
than one (1) purpose, all provisions of this Bylaw relating to each use shall be complied with, but no
dwelling shall be located within 2.99 metres (9.8 ft.) of any other building on the site except to a building
accessory to such dwelling.
4.4
USES PERMITTED IN ALL ZONING DISTRICTS
4.4.1
Nothing in this Bylaw shall prevent the use of any land as a public street or public park.
4.4.2
Nothing in this Bylaw shall prevent the erection of any properly authorized traffic sign or signal, or any
sign of notice of any local or other government department or authority.
4.4.3
Nothing in this Bylaw shall prevent the use of any land for the erection of buildings or structures, or the
installation of other facilities, essential to the operation of public works.
4.5
NUMBER OF PRINCIPLE BUILDINGS ON A SITE
4.5.1
Only one (1) principle building shall be permitted on any one (1) site except for the following: parks;
schools; hospitals; healthcare clinics; recreation facilities; special care homes; senior citizen homes and
approved dwelling groups; shopping centres; mobile homes in mobile home courts; and condominium
developments.
4.5.2
Multiple unit residential buildings (e.g. duplex, fourplex) are considered to be one (1) principle building
under this Bylaw, and all other uses and buildings on the site must be accessory.
4.6
ACCESSORY USES, BUILDINGS AND STRUCTURES
4.6.1
General Requirements
a. Subject to all other requirements of this Bylaw, an accessory building, use or structure is
permitted in any district when accessory to an established principle use which is a permitted or
discretionary use in that same district, and for which a development permit has been issued;
Zoning Bylaw | BYLAW NO. 445/18
Page | 31
b. No accessory building may be constructed, erected or moved on to any site prior to the time of
construction of the principle building to which it is accessory except in the following case:
i. Where a development permit has been issued for a principle building, Council shall allow the
construction of the accessory building where such building is being used for the storage of
construction material or equipment. If the principle building is not completed within the
effective time period of the development permit for the associated principle building, the
accessory building shall be removed.
c. Where a building on a site is attached to a principle building by a solid roof or by structural rafters,
and where the solid roof or rafters extend at least one third of the length of the building wall that
is common with the principle building, the building is deemed to be part of the principle building.
4.6.2
Satellite Dishes/Solar Chargers
4.6.2.1 The installation and operation of a free standing, roof mounted satellite dishes shall be
permitted in all zoning districts subject to the following:
a. In any commercial, community service or residential district such structures shall not
exceed a height of 5.0 metres (16.4 ft.) above the lowest elevation of: roof surface of a flat
roof; the decking of a mansard roof; and the eaves of a gable, hip or gambrel roof; and
b. In any commercial, community service or residential district such structures if attached to
or erected upon an accessory building upon which structure is attached or erected.
4.6.2.2 Roof mounted solar chargers/collectors shall be permitted in all zoning districts unless otherwise
specified. A permit is required for the installation of solar collector/charger systems mounted on
a building having a face area equal to or greater than 5.0 m2 (53.8 ft2). Submissions shall include:
a. A roof plan or wall elevation indicating the layout and spacing of the solar collectors on the
roof of the building;
b. Typical cross-section including but not limited to system height, tilt angle and attachments;
c. Panel or module dimensions and manufacturers specifications including panel dead load
and ballast where applicable;
d. Mounting details clearly specifying panel attachment and specifications including framing
reinforcement as may be required;
e. Verification of existing roof or wall framing components affected by the proposed
installation and the ability of the affected building structural system to accommodate all
loads associated with the collector and racking system including dead load, wind load and
snow accumulation;
f. Solar panels used for the production of heat for water shall include mechanical drawings
(plumbing schematic) detailing any connection to the potable water system; and
g. The elevation of the panels shall not exceed the maximum height permitted for the
principle building or, if mounted on an accessory building, shall not exceed the height of the
accessory building.
4.6.3
Private Garages, Carports, Sunrooms, Solariums and Greenhouses
a. Private garages, carports, sunrooms, solariums and greenhouses attached to main buildings by a
substantial roof structure shall be considered as part of the main building and shall be subject to
the regulations for the main building.
4.6.4
Swimming Pools
a. Notwithstanding anything contained in this Bylaw, a swimming pool is permitted as an accessory
use to permitted uses in any residential district or a motel (motor hotel) in a commercial district,
to be located in the side or rear yard of any lot/site if:
Zoning Bylaw | BYLAW NO. 445/18
Page | 32
i. No part of such pool is located closer to any lot or street line than the minimum distance
required for the principle building located on such lot;
ii. The maximum height of such pool is 1.22 metres (4.0 ft.) above the average finished grade
level of the ground adjoining the pool and within 4.57 metres (15.0 ft.) of such pool;
iii. Every swimming pool shall be enclosed by a non-climbable fence of at least 1.83 metres (6.0
ft.) in height and not more than 10 cm from the ground, and located at a distance of not less
than 1.52 metres (5.0 ft.) from the pool; and
iv. Any deck attached to or abutting a swimming pool shall be considered as part of the
swimming pool.
b. Any building or structure, other than a dwelling, required for changing clothing or for pumping or
filtering facilities, or other similar accessory uses, complies with the provisions in the applicable
zoning districts in Sections 7-15 of this Bylaw, respecting accessory buildings.
4.6.5
Trailers and Mobile Storage Containers
4.6.5.1 Mobile storage containers are prohibited in any residential district.
4.6.5.2 Trailers and mobile storage containers may be used in commercial and industrial zoning districts
and are subject to the following conditions:
a. The units must be properly anchored;
b. The units must be a minimum of 3.05 metres (10.0 ft.) from the primary building and must be
located behind the rear wall of the primary building;
c. The units must be kept in good shape and sightly as determined through inspection by Town
representatives. Trailers and containers determined by the Town to be unsightly, misused,
unsafe, or inappropriate in any way must be removed at the owner's expense within a time
period specified by the Town;
d. One trailer is allowed per property; and
e. Those trailers and containers which have been placed on properties with permission from
Council prior to the passing of this Bylaw shall be grandfathered in as to the location they are
at now; however, if they are moved, the resetting is to comply with this Bylaw.
4.7
FRONT YARD REDUCTION
4.7.1
Notwithstanding the minimum depth of front yard required by this Bylaw, where a site is situated
between two sites each of which contains a principle building which projects beyond the standard
required front yard depth, the front yard required on said site may be reduced to an average of the two
established front yards on the adjacent sites; but not be less than 4.58 metres (15.0 ft.) in a residential
district unless otherwise permitted in this Bylaw.
4.8
IRREGULAR LOTS OR SITES
4.8.1
Irregular lots or sites are permitted at Council's discretion in all zoning districts.
4.8.2
Irregular lots or sites are permitted at Council's discretion for previously subdivided lots where the new
subdividing lot line is in a straight line from the front lot line to the rear lot line.
4.8.3
Minimum required frontage for irregular lots may be measured at the minimum front yard setback
requirement of the same zoning district.
4.8.4
Notwithstanding the provisions of clause (3) above, the Development Officer may request the minimum
required frontage to be met at the property line for those cases where future building of development
of the proposed lot or site may be limited by a reduced frontage at the property line.
Zoning Bylaw | BYLAW NO. 445/18
Page | 33
4.9
PERMITTED YARD ENCROACHMENTS
4.9.1
Where minimum front, side or rear yards are required in any zoning district, the following yard
encroachments shall be permitted:
a. Uncovered and open balconies, terraces, verandas, decks and patios may have a maximum
projection from the main wall of 1.83 metres (6.0 ft.) into any required front or rear yard; and
b. Window sills, roof overhangs, eaves, gutters, bay windows, chimneys and similar alterations may
project a distance of 0.61 metres (2.0 ft.) into any required yard.
4.10 SIDE YARD EXCEPTION
4.10.1 For semi-detached dwellings, townhouses, rowhouses or multiple unit dwellings no side yard shall be
required where dwelling units share a common party wall.
4.11 SITE GRADING, LEVELING AND DRAINAGE
4.11.1 Every development shall be graded and leveled at the owner's expense to provide for adequate surface
drainage that does not adversely affect adjacent property, or the stability of the land:
a. All excavations or filling shall be re-vegetated immediately after other construction activities
conclude, with a suitable ground cover as may be necessary to prevent erosion;
b. All vegetation and debris in an area to be re-graded or filled must be removed from the site prior
to site grading and leveling;
c. All topsoil from an area that is to be re-graded must be stripped, stockpiled, and replaced on the
re-graded area, or re-located to a site approved by Council; and
d. All drainage shall be directed towards natural water runs and shall not affect neighbouring
properties.
4.12 HEIGHT OF BUILDINGS
4.12.1 Where a maximum height of a building is specified in any zoning district, the maximum height shall be
measured from the average grade level to the highest point on the building exclusive of any chimney or
antenna.
4.13 HERITAGE PROPERTIES
4.13.1 Provincial and Municipal heritage properties subject to preservation agreements are subject to
development review processes as defined by the Heritage Property Act. Provincial designations are
afforded special protection, and any alterations and development must be reviewed and approved by
the Heritage Committees of the Province of Saskatchewan.
4.14 SIGNAGE OF NATURAL AND HUMAN HERITAGE SITES
4.14.1 Small plaques, markers and interpretation signs will be encouraged on properties that have significant
natural or human heritage resources, with the approval of the owner, and where the signage is
appropriate in scale, design and placement with the site and surrounding area, and does not cause
safety concerns or negatively impact the heritage value of the site.
4.15 BUFFER STRIPS
4.15.1 Buffer strips are intended to improve land use compatibility and environmental quality by reducing
noise, lighting glare and other nuisances, or facilitating natural drainage. Landscape buffers may be
required to separate uses from adjacent properties, in which the provincial approving authority will
determine the size and width of the buffer.
4.16 CLOSINGS
4.16.1 In the event a dedicated street or lane shown on the Zoning District Map forming part of this Bylaw is
closed, the property formerly in such street or lane shall be included within the zoning district of the
Zoning Bylaw | BYLAW NO. 445/18
Page | 34
adjoining property on either side of such closed street or lane. If a closed street or lane is the boundary
between two (2) or more different zoning districts, the new district boundaries shall be the former
centre line of the closed street or lane.
4.17 RAILWAY CROSSINGS AND SIGHT DISTANCES
4.17.1 Notwithstanding anything contained in this Bylaw, where any public street crosses a railway at the same
grade, no building or structure shall be erected within contrary to the site line distances set by Transport
Canada.
4.17.2 Setbacks from active railways, for buildings or structures, shall be 29.87 metres (98.0 ft.) except for
where provisions have been made in consultation with the operator of the railways, a lesser separation
may be considered.
4.17.3 Setback distances will be measured from the mutual property line to the principle building face.
4.18 SIGHT TRIANGLES
4.18.1 No building, structure, earth pile or vegetation in any zoning district shall obstruct the vision of drivers
within the sight line triangles.
4.18.2 Sight line triangles are calculated by connecting straight lines, which are measured from the intersection
of centerlines of the various types of road s and railways 9.14 metres (30.0 ft.) distant from the point of
intersection.
4.18.3 The maximum height within the sight triangle area will be 1.01 metres (3.3 ft.).
4.19 BARE LAND CONDOMINIUM DEVELOPMENTS
4.19.1 Bare land condominium developments shall comply with the minimum site area, coverage, width, height
and yard setbacks as stated in the residential zones.
4.19.2 One primary dwelling unit is permitted per Bare land condominium lot. No individual detached
accessory buildings are permitted.
4.19.3 Bare land condominium developments may include private open space and one accessory building for
joint recreational or storage use by residents of the development shall be permitted, subject to all yard
setback requirements of the Residential District in which it is located.
4.20 DISPOSAL OF WASTES
4.20.1 Subject to all acts and regulations pertaining in any way to the storage, handling and disposal of any
waste material or used item, and except as permitted by these acts and regulations, no liquid, solid or
gaseous wastes shall be allowed to be discharged into any stream, creek, river, lake, pond, slough,
intermittent drainage channel or other body of water, onto or beneath the surface of any land, or into
the air.
4.20.2 No development or use of land which requires solid or liquid waste disposal facilities shall be permitted
unless those facilities are approved by Saskatchewan Health and the Saskatchewan Water Security
Agency. Disposal of liquid, solid or gaseous waste shall be governed by Acts administered by
Saskatchewan Agriculture, Saskatchewan Environment, Saskatchewan Health, and the Saskatchewan
Water Security Agency.
Zoning Bylaw | BYLAW NO. 445/18
Page | 35
4.21 SOLID AND WASTE DISPOSAL FACILITIES
4.21.1 Municipal and commercial solid or liquid waste disposal facilities are subject to the following conditions:
a. The facility will be located as near as practical to the source of waste;
b. The facility will have undergone satisfactory review as required by provincial authorities for
environmental assessment and operational design;
c. The facilities will be located at least 457 metres (1499.3 ft.) for liquid and solid waste from any
residence or recreational use;
d. The development of any new disposal sites shall take into consideration seasonal winds;
e. Adequate precautions shall be taken to prevent pollution of ground water by disposal operations;
f. Solid waste disposal facilities shall be located in proximity to an all-weather road; and
g. Council may apply special standards for screening, fencing, and reclamation of the site.
4.22 OIL AND GAS WELL ACTIVITIES
4.22.1 The municipality may apply special standards as outlined in the Municipalities Act, 2005, to protect the
municipal interest when transportation, utility and pipeline facilities cross Municipal roads, or when
seismic activity is proposed on roads or road allowance.
4.22.2 To minimize conflict between natural resource extraction, or oil and gas operations and surrounding
land uses, no development shall be approved within 124.97 metres (410.0 ft.) of an existing, proposed,
abandoned, or reclaimed well or facility as defined by the Oil and Gas Conservation Regulations, 2012.
4.22.3 Permanent structures or other improvements (including all temporary structures) are to be placed at a
minimum of 45.72 metres (150.0 ft.) from the centre of the road and a minimum of 91.44 metres (300.0
ft.) from the centre of the road at intersections.
4.23 DEVELOPMENT ALONG PIPELINES AND GAS TRANSMISSION LINES
4.23.1 Any development involving pipeline and/or power line transmission right-of-ways shall be sited to
comply with all relevant Federal and Provincial legislation. Setbacks from pipelines and other utility
corridors shall be in accordance with appropriate provincial Regulations or Act and any regulations or
directives established by Crown Corporations. Refer to "Land Use Planning for Pipelines publication by
Canadian Standards Association (CSA) PLUS663", which may be amended from time to time.
4.23.2 Setbacks from pipelines, for buildings or structures, shall be 11.89 metres (39.0 ft.) except for where
provisions have been made in the previous bylaw or in consultation with the operator of the pipeline, a
lesser separation may be allowed.
4.23.3 The National Energy Board has designated a "no disturbance" review area of 29.87 metres (98.0 ft.) on
either side of a pipeline in which, subject to exceptions for such things as normal agricultural activities,
anyone proposing to conduct a ground disturbance/excavation must:
a. Ascertain whether a pipeline exists;
b. Notify the pipeline company of the nature and schedule of the excavation; and
c. Conduct the excavation in accordance with such regulations.
4.23.4 The following figures provide the setbacks required by the Canadian Standards Association.
Land Use Areas
Zoning Bylaw | BYLAW NO. 445/18
Page | 36
Example Land Uses Along a Pipeline Corridor
4.24 PAYMENT IN LIEU OF REQUIRED OFF-STREET PARKING FACILITIES
4.24.1 Council may exempt any applicant for a use permitted in the C1, C2 and IND Districts from the
requirement of providing off-street parking facilities where, in lieu thereof, the applicant pays or agrees
to pay the Council the sum of money calculated by multiplying the number of off-street parking spaces
that would otherwise be required by $1000.00.
4.24.2 The payment of or agreement to pay such sums of money shall be subject to such terms and conditions
as Council may determine.
4.24.3 The municipality shall hold all monies received in a separate account that is required to be expended
only for the acquisition, construction, operation or maintenance of parking facilities.
Zoning Bylaw | BYLAW NO. 445/18
Page | 37
SECTION 5: DISCRETIONARY USE STANDARDS FOR DEVELOPMENT
5.1
TERMS AND CONDITIONS FOR DISCRETIONARY APPROVALS
5.1.1
This section addresses special provisions and specific development standards that apply to the following
developments. These standards apply in addition to any standards of the zoning district. In approving
any discretionary use to minimize land use conflict, Council may prescribe specific development
standards or criteria related to:
a. Site drainage of storm water;
b. The location of buildings with respect to buildings on adjacent properties;
c. Access to, number and location of parking and loading facilities;
d. Appropriate space for vehicle movement in order to reduce disruption of traffic flows on adjacent
roadways;
e. Control of noise, glare, dust and odour;
f. Landscaping, screening and fencing to buffer adjacent properties;
g. The size, shape and arrangement of buildings, and the placement and arrangement of lighting and
signs;
h. Prescribed specified time limits for a use that is intended to be temporary or to allow Council to
monitor the impact of a use on surrounding development; and
i.
Intensity of use.
5.2
GENERAL DISCRETIONARY USE EVALUATION CRITERIA
5.2.2
Council will apply the following criteria, and where applicable, the specific criteria found in the
respective zoning district, in the assessment of the suitability of an application for a discretionary use or
discretionary form of development:
a. The proposal must be in conformance with all relevant sections of the Official Community Plan and
must demonstrate that it will maintain the character, density and purpose of the zoning district,
where necessary through the provision of buffer areas, separation and screening;
b. The proposal must be capable of being economically serviced by community infrastructure
including roadways, water and sewer services, solid waste disposal, parks, schools, and other
utilities and community facilities;
c. The proposal will have consideration for the health, safety, convenience, or general welfare of
persons residing or working in the vicinity or that it is not injurious to property, improvements or
potential development in the vicinity;
d. The proposal will have consideration for landscaping and screening, and wherever possible,
preserve existing vegetation;
e. No new or expanded discretionary uses are to be located in the 1:500 flood elevations or on hazard
lands without appropriate studies completed by qualified professionals with accompanying
mitigation measures;
f. The proposal must demonstrate that any additional traffic generated by the use, can be adequately
provided for in the existing parking and access arrangements. Where this is not possible further
appropriate provisions shall be made so as to ensure no adverse parking or access effects occur;
g. Consideration will be given to the presence of activities already located in the area and on the site,
and their effect on the surrounding residential environment, such as the cumulative effect of
locating an activity on a site adjacent to or already accommodating an activity that may currently
generate traffic, noise, etc. not in keeping with the character of the adjacent area;
h. Consideration will be given to addressing pedestrian safety and convenience both within the site,
and in terms of the relationship to the road network in and around the adjoining area; and
i.
All operations must comply with all regulations of Saskatchewan Environment and Saskatchewan
Labour which govern their operation and development.
Zoning Bylaw | BYLAW NO. 445/18
Page | 38
5.3
HOME OCCUPATIONS
5.3.1
Home occupations (home-based businesses) are subject to the following conditions:
a. Home-based occupations and businesses will be accommodated provided that they are clearly
secondary to the principle residential use of the dwelling unit, compatible with the surrounding
residential area, and not of a size that provides services or products that would detrimentally affect
the viability of the neighbourhood;
b. One (1) home occupation shall be allowed per dwelling unit. Home occupations shall be conducted
entirely within the dwelling or accessory building;
c. One (1) advertising display shall be allowed on the site or premise from which the home occupation
is conducted. No LED or neon signs shall be allowed;
d. There shall be no exterior display or storage of any merchandise or material relating to the home
occupation;
e. No equipment or process used in the home occupation shall create dust, noise, vibration, glare,
fumes, odour or air pollution that is detectable at or beyond the property line of the lot where the
home occupation or business is located;
f. Up to two (2) persons other than a resident of the dwelling unit may be engaged in any home
occupation as an employee or a volunteer;
g. The home occupation shall not cause or add to on-street parking congestion or cause an increase in
traffic through residential zones;
i.
No more than one (1) business vehicle, for which off-street parking is provided, shall be
operated in connection with the home occupation; and
ii.
Parking of vehicles of employees hired for off-site jobs shall not be allowed at or in the
vicinity of the dwelling unit.
h. Home occupations are subject to the condition that permission to carry out the home occupation
may be revoked at any time if, in the opinion of Council, the use is or has become detrimental to
the amenities of adjoining properties and the neighbourhood.
5.4
SECONDARY SUITES
5.4.1
Secondary suites are subject to the following conditions:
a. Secondary suites may be constructed within a principle, single detached dwelling in a residential
zone. Only one (1) secondary suite is permitted on each residential site;
b. Secondary suites must be located within the principle dwelling and must have a separate entrance
from the principle dwelling either from a common indoor landing or directly from the exterior of
the building. Secondary suites must contain cooking, eating, living, sleeping and sanitary facilities;
and
c. Secondary suites may not exceed 79.99 m² (861.0 ft2) or 50% of the total floor space, including
basements, and may not have more than two (2) bedrooms.
5.5
MODULAR HOMES
5.5.1
Modular homes are subject to the following conditions:
a. All modular homes shall be placed on a permanent concrete foundation at a standard comparable
to a single detached dwelling:
i. All modular homes shall be multi-modular, with the width approximately equivalent to the
length; and
ii. All modular homes shall complement adjacent and nearby dwellings.
b. Modular homes shall be permanently connected to water and sewer services provided by the
municipality and permanently connected as available to other public utilities; and
c. All other requirements of this Bylaw apply.
Zoning Bylaw | BYLAW NO. 445/18
Page | 39
5.6
BED AND BREAKFAST HOMES
5.6.1
Bed and breakfast homes are subject to the following conditions:
a. Bed and breakfast homes shall be located in a single detached dwelling used as the operator's
principle residence;
b. No more than three (3) guest rooms shall be allowed in a bed and breakfast home;
c. The only meal to be provided to registered guests shall be breakfast. No food preparation or
cooking for guests shall be conducted within any bedroom made available for rent. All facilities shall
meet public health regulations and be kept in a manner satisfactory to the Health Authority;
d. The operation of the bed and breakfast home shall be subordinate and incidental to the principle
use of a single detached dwelling as an owner occupied residence; and
e. No one other than the occupant and their immediate family members may be involved or
employed in the management of the bed and breakfast home.
5.7
DAYCARE CENTRES AND PRE-SCHOOLS
5.7.1
Daycare centres and pre-schools are subject to the following conditions:
a. Daycare centres and pre-schools may be approved as an accessory use or as a principle use;
b. In any residential district, no exterior alterations shall be undertaken to a dwelling or former
dwelling which would be inconsistent with the residential character of the building or property; and
c. Required parking spaces may not be located in a required front yard.
5.8
RESIDENTIAL CARE HOMES
5.8.1
Residential care homes are subject to the following conditions:
a. Residential care homes may be approved as an accessory use or as a principle use;
b. In any Residential District, no exterior alterations shall be undertaken to a dwelling or former
dwelling which would be inconsistent with the residential character of the building or property;
c. Required parking spaces may be located in a required front yard; and
d. No building or structure used for the purpose of a residential care home shall be used for the
purpose of keeping boarders or lodgers.
5.9
CAMPGROUNDS
5.9.1
Campgrounds are subject to the following conditions:
a. The operator of a campground shall provide the Development Officer with a plan of the
campground, identifying any buildings, uses of land and the location of all roadways and trailer
coach or tent campsites with dimensions. The addition or rearrangement of campsites, the
construction or moving of buildings, and material change in use of portions of land, or the filling or
clearing of land shall require a development permit, and the operator shall submit for approval an
amended plan incorporating the development;
b. A campground shall have within its boundaries, a buffer area abutting the boundary of not less than
4.51 metres (14.8 ft.) which shall contain no buildings;
c. The operator of a campground shall designate a campsite for each trailer coach or tent party, which
shall be less than 150.04 m² (1615.0 ft2) in area with its corners clearly marked;
d. One (1) permanent sign located on site advertising the campground is permitted per site;
i. The facial area of a sign shall not exceed 0.49 m² (5.3 ft2);
ii. No sign shall be located in any manner that may obstruct or jeopardize the safety of the public;
and
iii. Temporary signs not exceeding 1.02 m² (11.0 ft2) advertising the sale or lease of the property
or other information relating to a temporary condition affecting the property are permitted.
e. No portion of any campsite shall be located within a roadway or required buffer area;
f. Each campsite shall have direct and convenient access to a developed roadway, which is not located
in any required buffer area. The space provided for roadways within a campground shall be at least
Zoning Bylaw | BYLAW NO. 445/18
Page | 40
7.62 metres (25.0 ft.) in width. No portion of any campsite, other use or structure shall be located in
any roadway;
g. Each trailer coach shall be located at least 2.99 metres (9.8 ft.) from any other trailer coach, and
each campsite shall have dimensions sufficient to allow such location of trailer coaches;
h. A campground may include as ancillary uses a laundromat or a confectionery designed to meet the
needs of the occupants of the campsites, and one (1) single detached dwelling for the
accommodation of the operator; and
i.
The Public Health Act shall be complied with in respect to all operations and development of the
campground.
5.10 TEMPORARY WORK CAMPS
5.10.1 Temporary work camps are subject to the following conditions:
a. Temporary work camps are an accessory use to an industrial or resource development;
b. A development permit for a work camp may be issued for up to one (1) year, at which time an
application must be made for the continuance of the use for one (1) additional year, after which
time a new development approval is required;
c. An application for a development permit must provide the following information and a Concept
Plan for the development:
i. The location, type and purpose of the camp;
ii. Adjacent land uses;
iii. The method of supply water and sewage and waste disposal to the camp. The proposed
method of sewage disposal must comply with the Saskatchewan Onsite Waste Water Disposal
Guide and in accordance with the Saskatchewan Public Health Act;
iv. The number of persons proposed to live in the camp;
v. The method of providing garbage disposal and pest control in the camp; and
vi. The start date for development, date of occupancy by residents and removal day for the camp.
d. A temporary work camp for accommodation purposes must be:
i. Linked to a specific project for which a valid and current development permit has been issued
and can only accommodate a minimum of twenty (20) persons and a maximum of three
hundred (300) persons;
ii. Secured by the installation of appropriate fencing around the project accommodation and
onsite security staff;
iii. Provide adequate onsite parking for private vehicles; and
iv. Separated (buffered) from adjacent land uses.
e. The final review of an application will not be completed prior to the receipt and evaluation of all
required information by the Development Officer, the Health Authority, and any other relevant
agency deemed necessary by the municipality;
f. The work camp buildings and structures must be removed from the site when the project is
completed; and
g. The development must post a Performance Bond sufficient to remove and/or reclaim the site to
ensure that:
i. The work camp accommodation remains onsite after the project is either completed or if work
has stopped to the extent that the need for the camp no longer exists; or
ii. To reclaim the site as needed after the work camp has been removed from the site.
5.11 GARAGE AND GARDEN SUITES
5.11.1 Garage and garden suites are subject to the following conditions:
a. Garage and garden suites will be considered accessory to the principle permitted dwelling;
b. No more than one (1) garden or garage accessory to a one-unit dwelling shall be allowed per site;
Zoning Bylaw | BYLAW NO. 445/18
Page | 41
c. Garage and garden suites must meet all requirements as outlined in the general regulations and the
respective zoning district;
d. The maximum site of a garden suite shall no greater than 50% of the size of the principle dwelling;
e. Garage and garden suites must meet all relevant building, plumbing and development codes and will
be regulated by the Town's building permit and inspection process;
f. Garage suites may be located on the second storey of a building where the main storey is used as a
private garage;
g. Windows and doors in garden or garage suites shall be of a size and in locations that will not result in
the loss of privacy where lanes exist;
h. There shall be direct and separate access to the garden or garage suite dwelling by onsite driveway,
public roadway or alley;
i.
Garage and garden suites may be no higher than the principle dwelling;
j.
Basements are not permitted in any garage or garden suite;
k. A minimum of one (1) onsite parking space must be provided for a garage or garden suite and one
(1) onsite parking space provided for the principle dwelling;
l.
The garage or garden suite must be hooked up to the water and sewer service of the principle
dwelling;
m. Other services, i.e. electrical, natural gas, cable and telephone, may be connected either to the
services of the principle dwelling or be separate services;
n. Service cables including electrical, telephone and television are to be buried underground if
underground servicing is normal practice in the neighbourhood where the garage or garden suite is
located;
o. The location of a garage or garden suite and the site grading must allow for proper drainage of the
site;
p. The landowner shall enter into an agreement that the land shall not be considered for subdivision
and condominium plans to provide a separate title for a garden or garage suite shall not be approved;
and
q. The garage or garden suite must not be used as a rental unit.
5.12 ABOVE-GROUND FUEL STORAGE TANKS
5.12.1
Above-ground fuel storage tanks are subject to the following conditions:
a. Above-ground fuel storage tanks which meet the standards of the National Fire Code and which
have a maximum capacity of 50,000 litres may be permitted in association with service stations, gas
bars and other permitted industrial or commercial uses where the dispensing of fuel to vehicles is a
standard aspect of the use;
b. The total storage capacity for above-ground fuel storage tanks on any single service station or gas
bar site shall not exceed;
i. 150,000 liters for flammable liquids (gasoline);
ii. 100,000 liters for combustible liquids (diesel fuel); and
iii. 100,000 liters of propane.
c. Above-ground fuel storage tanks shall be:
i. For uses other than service stations and gas bars, located at least 2.99 metres (9.8 ft.) from any
property line or building, the 2.99 metre (9.8 ft.) separation distance may be reduced to 1.0
metre (3.3 ft.) for tanks with a capacity of 5,000 liters or less;
ii. For service stations and gas bars, located at least 6.0 metres (19.7 ft.) from any property line or
building;
iii. Separated from each other and be accessible for firefighting purposes to the satisfaction of the
Development Officer; and
iv. At least 15.0 metres (49.2 ft.) from the boundary of any site within a Residential District.
Zoning Bylaw | BYLAW NO. 445/18
Page | 42
d. For uses other than service stations and gas bars, the dispensing equipment associated with above-
ground fuel storage tanks shall be located at least 2.99 metres (9.8 ft.) from any property line, at
least 7.50 metres (24.6 ft.) from any open flame or other ignition source, and at least 4.51 metres
(14.8 ft.) from any door or window;
e. For service stations and gas bars, the dispensing equipment associated with above-ground fuel
storage tanks shall be located at least 6.00 metres (19.7 ft.) from any property line, at least 7.50
metres (24.6 ft.) from any open flame or other ignition source, and at least 4.51 metres (14.8 ft.)
from any door or window;
f. Above-ground fuel storage tanks shall be protected from vehicles with suitable posts, guardrails or
other similar means;
g. At service stations and gas bars, above-ground fuel storage tanks which are located in view of a
front or flanking street shall be landscaped or screened to the satisfaction of the Development
Officer;
h. The maximum height of an above-ground fuel storage tank shall be limited to the maximum
permitted height of a free-standing sign in the zoning district; and
i.
Painted lettering or other forms of signage may be located on above-ground fuel storage tanks
subject to the sign regulations in the zoning district.
5.13 WIND ENERGY FACILITIES
5.13.1
Wind energy facilities are subject to the following conditions:
a. All buildings and structures shall be set back at least 90.00 metres (295.3 ft.) from an intersection of
any municipal road allowance, or provincial highway or such greater distance as required by the
Department of Highways;
b. The setback related to municipal road allowances and the wind energy generator (turbine) shall be
no less than the length of the blade plus 10.06 metres (33.0 ft.);
c. The minimum site size for the allowance of any wind energy facility shall be 2.02 hectares (5 acres);
d. The setback from the property line of a non-participating landowner to a wind energy generator
(turbine) shall be no less than the length of the blade plus 10.06 metres (33.0 ft.), or a minimum of
38.01 metres (124.7 ft.), unless otherwise agreed to by the landowner, developer and the
municipality;
e. The separation distance from a wind energy generator (turbine) to a residential acreage or
residential subdivision shall be a minimum distance of 550.01 metres (1,804.5 ft.);
f. The maximum total tower height shall be:
i. 6.00 metres (19.7 ft.) above grade level in an Industrial Zoning District and the maximum noise
standard shall not exceed 40 decibels; and
ii. 44.99 metres (147.6 ft.) above grade level in the Community Service or Future Urban
Development Zoning District.
g. Approaches for access roads to the wind energy facilities must be perpendicular to established road
allowances;
h. All infrastructure, roads and accesses required to facilitate the implementation of the wind energy
facilities shall be proposed by the developer as part of the development permit application;
i.
Any proposed development within a Municipal road allowance, i.e. underground lines or overhead
poles/lines, must be proposed by the developer as part of the development permit application;
j.
The developer is required to enter into a road use agreement with the municipality for the
construction period to ensure roads are maintained in condition agreeable by both parties;
k. The wind energy generator (turbine) shall have no restrictions on colour or height;
l.
Substations are required to be fenced. All wind energy facilities shall be enclosed within a locked
protective chain link fence of a minimum height of 1.89 metres (6.2 ft.) and the design shall be
included in the development permit application;
Zoning Bylaw | BYLAW NO. 445/18
Page | 43
m. Development and building permit applications for wind energy facilities shall include either a
manufacturer's engineering certificate of structural safety or certification of structural safety via a
Professional Engineer of Saskatchewan;
n. Sites having potentially dangerous or hazardous developments shall have visible signs stating any
potential dangers. No hazardous waste shall be stored on the site; and
o. Council, at its discretion, may seek approval of this development from both internal and external
referral agencies.
Zoning Bylaw | BYLAW NO. 445/18
Page | 44
SECTION 6: ZONING DISTRICTS AND ZONING DISTRICT MAP
6.1
ZONING DISTRICTS
6.1.1
For the purpose of this Bylaw, the Town of Stoughton is divided into several zoning districts that may be
referred to by the appropriate symbols. The uses or forms of development allowed within a zoning
district, along with the regulations or standards which apply are provided in the district sections that
follow.
6.2
THE ZONING DISTRICT MAP
6.2.1
The map, bearing the statement "This is the Zoning District Map referred to in Bylaw No. 445/18
adopted by the Town of Stoughton", signed by the Mayor and Town Chief Administrative Officer under
the seal of the Town, shall be known as the "Zoning District Map", and such map is hereby declared to
be an integral part of this Bylaw.
6.3
BOUNDARIES OF THE ZONING DISTRICTS
6.3.1
The boundaries of the districts referred to in this Bylaw, together with an explanatory legend,
notations and reference to this Bylaw, are shown on the map entitled, "Zoning District Map".
6.3.2
Unless otherwise shown, the boundaries of the zoning districts are site lines, centre lines of streets,
lanes, road allowances or such lines extended, and the boundaries of the municipality.
6.4
HOLDING DESIGNATION
6.4.1
Where on the Zoning District Map the symbol for a zoning district has suffixed to it the holding symbol
"H"; any lands so designated on the map shall be subject to a holding provision in accordance with
Section 71 of the Planning and Development Act, 2007.
6.4.2
Any lands subject to a holding provision shall only be used for the following uses:
a. Those uses existing on the land when the "H" is applied; and
b. Public works.
R1
R2
RMH
C1
C2
Residential Single
Detached Dwelling
Residential
Multiple Dwelling
Residential Mobile
Home District
Town Centre
Commercial
Highway
Commercial
IND
CS
FUD
FH
Industrial
Community Service
Future Urban
Development
Flood Hazard Overlay
Zoning Bylaw | BYLAW NO. 445/18
Page | 45
SECTION 7: RESIDENTIAL SINGLE DWELLING DISTRICT - R1
The purpose of the Residential Single Dwelling District (R1) is to accommodate primarily single family detached
residential dwellings.
No person shall within any R1 - Residential Single Dwelling District use land or erect, alter, or use any building
or structure, except in accordance with the following provisions:
7.1
PERMITTED USES
7.1.1
Principle Uses
a. One single detached dwelling, which includes a Ready-to-Move (RTM).
7.1.2
Accessory Uses
a. Uses, buildings and structures accessory to the foregoing permitted uses and located on the
same site with the main use; and
b. Playgrounds and swimming pools.
7.1.3
Public Works and Municipal Facilities
a. Public works buildings and structures excluding offices, warehouses, storage yards and waste
management or sewage facilities.
7.2
DISCRETIONARY USES
The following uses may be permitted in the R1 - Residential Single Dwelling District though only resolution of
Council and only in locations specified in such resolution of Council.
7.2.1
Principle Uses
a. Semi-detached, duplex dwelling, fourplex, townhouses and other multi-unit dwellings;
b. Modular homes (refer to Section 5.5);
c. Mobile homes; and
d. Daycare centres and pre-schools (refer to Section 5.7).
7.2.2
Accessory Uses
a. Secondary suites (refer to Section 5.4);
b. Home occupations, home-based businesses (refer to Section 5.3);
c. Garage and garden suites (refer to Section 5.11)
d. Bed and breakfast homes (refer to Section 5.6);
e. Residential care homes (refer to Section 5.8); and
f. Temporary covered structures.
7.3
SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements.
Single Detached, RTM, Modular Homes
Public Parks and Playgrounds and
Swimming Pools
Minimum site area
464.52 m2 (5,000.0 ft2) with a lane,
otherwise 602.94 m2 (6,490.0 ft2)
No minimum
Minimum floor area
46.45 m2 (500.0 ft2)
No minimum
Minimum site frontage
15.24 metres (50.0 ft.) with a lane,
otherwise 19.0 metres (62.0 ft.)
No minimum
Maximum height
9.0 metres (30 ft.)
No maximum
Zoning Bylaw | BYLAW NO. 445/18
Page | 46
Maximum site coverage
40% and 50% on a corner site
No maximum
Minimum front yard
7.62 metres (25.0 ft.)
7.62 metres (25.0 ft.)
Minimum rear yard
1.52 metres (5.0 ft.) except that for a
corner lot, where access to an attached
garage is obtained from a rear lot line
(flankage), the minimum rear yard shall be
3.05 metres (10 ft.)
No minimum
Minimum side yard
1.52 metres (5.0 ft.) except that for a
corner lot, the minimum side yard shall be
3.05 metres (10 ft.) from a side lot line,
however, where access to an attached
garage is obtained from a side lot line, the
minimum side yard shall be 6.10 metres
(20 ft.)
1.52 metres (5.0 ft.)
Semi-Detached, Duplex Dwelling, Fourplex, Townhouses, Other Multi-Unit
Dwellings (per dwelling unit)
Minimum site area
464.52 m2 (5,000.0 ft2)
Minimum site frontage
10.67 metres (35.0 ft.)
Maximum height
9.0 metres (30.0 ft.)
Maximum site coverage
50%
Minimum front yard
7.62 metres (25.0 ft.)
Minimum rear yard
1.52 metres (5.0 ft.)
Minimum side yard
1.52 metres (5.0 ft.) except that for a corner lot, the minimum side yard shall be
3.05 metres (10.0 ft.) from a side lot line, however, where access to an attached
garage is obtained from a side lot line, the minimum side yard shall be 6.10
metres (20 ft.)
Other Discretionary Uses
Daycare Centres, Bed and Breakfast Homes, Residential Care Homes
Minimum site area
464.52 m2 (5,000.0 ft2)
Minimum site frontage
15.24 metres (50 ft.) where the lot is served by a lane, otherwise 17.98 metres
(59.0 ft.)
Maximum height
11.89 metres (39.0 ft.) with a lane; 14.94 metres (49.0 ft.) without a lane
Maximum site coverage
50%
Minimum front yard
7.62 metres (25.0 ft.)
Minimum rear yard
1.52 metres (5.0 ft.)
Minimum side yard
1.52 metres (5.0 ft.)
Zoning Bylaw | BYLAW NO. 445/18
Page | 47
7.4
ACCESSORY USES, BUILDINGS AND STRUCTURES
Maximum floor area
83.61 m2 (900.0 ft2)
Minimum front yard
7.62 metres (25.0 ft.)
Minimum rear yard
0.61 metres (2.0 ft.) except where an accessory building has a door or doors
opening onto a lane, then it shall not be located less than 2.13 metres (7.0 ft.)
Minimum side yard
0.61 metres (2.0 ft.) unless the side site line is abutting a street then the side
yard shall be 3.66 metres (12.0 ft.)
Minimum setback from
principle building
1.22 metres (4.0 ft.)
Maximum height
Height of accessory buildings shall not exceed the height of the principle
building
a. Accessory uses shall not be located in a required front yard unless stated elsewhere in the Zoning Bylaw;
b. Garages, carports and accessory buildings attached to a principle building by a substantial roof structure
shall be considered as part of the principle building and subject to the regulations of the principle
building and shall not exceed the square footage of the main floor of the principle dwelling in size;
c. A carport, consisting of a roof and supporting columns or structures which are not permanent walls, is
permitted to encroach into any required side yard as long as the supporting structures are set back a
minimum of 0.61 metres (2.0 ft.) from the side lot line and the roof does not project past the side lot
line;
d. A detached private garage is permitted in any side or rear yard, provided there is sufficient available
space to comply with all other requirements in this section;
e. All activities related to artisan studios, crafts and workshops shall be conducted within an enclosed
building. No exterior storage of materials, goods or waste products is permitted, except within a waste
disposal bin for collection;
f. No attached structure, i.e. deck, shall have a total floor area greater than the main floor area of the
principle building. In calculating the main floor area of a principle building, the area of an attached
garage shall be excluded; and
g. Temporary, fabric covered structures consisting of wood, metal or plastic framing covered on the roof
and one (1) or more sides with fabric, plastic, vinyl, or other sheet material shall be permitted at
Council's discretion in a rear or side yard.
7.5
FENCE AND HEDGE HEIGHTS
7.5.1
Subject to traffic sight lines, the following height limitations shall apply to fences, walls, chain-link fences
and hedges:
a. No hedge, fence or other structure shall be erected past any property line;
b. In a required front yard, to a height no greater than 0.91 metres (3.0 ft.) above grade level;
c. In a required rear yard, to a height no greater than 1.83 metres (6.0 ft.) above grade level; and
d. Except permitted accessory buildings, no fence or other structure shall be erected to a height of
more than 1.83 metres (6.0 ft.).
Zoning Bylaw | BYLAW NO. 445/18
Page | 48
7.6
PARKING
Off-street parking requirements shall be provided in accordance with the following:
Single detached, RTM, modular
homes
1 space per unit or 2 spaces per unit
Semi-detached, duplex dwelling,
fourplex, townhouses, other multi-
unit dwellings (per dwelling unit)
1 space per unit or 2 spaces per unit
Public works
No requirements
Playgrounds and swimming pools
No requirements
Daycare centres, residential care
homes
1 space plus 1 additional space for every 10 persons enrolled in the
facility
Bed and breakfast homes
1 per guest bedroom
7.7
OUTDOOR STORAGE
7.7.1
No outdoor storage shall be permitted in the required front yard of any residential site.
7.7.2
Council may apply special standards as a condition or for a discretionary use approval regarding the
location of areas used for storage for that use.
7.7.3
No yard shall be used for the storage or collection of hazardous material.
7.7.4
Council may require additional standards for the location, setback or screening of any area devoted to
the outdoor storage of vehicles, operating equipment and machinery normally used for the maintenance
of the residential property, vehicles or vehicular parts, inoperable vehicles or machinery.
7.7.5
Provision shall be made for the owner of the property to temporarily display a maximum of either one
(1) vehicle or recreational vehicle in operating condition that is for sale at any given point in time.
7.8
DISCRETIONARY USE EVALUATION CRITERIA
7.8.1
All discretionary uses shall follow the general discretionary use evaluation criteria as outlined in Section
5 and others that may be specified.
7.8.2
Specific discretionary use evaluation criteria for semi-detached, duplex dwellings, fourplex or townhouse
and other multi-unit dwellings:
a. Council shall give consideration to the locations on major streets and that the development will
not cause excessive traffic through existing low density residential areas.
7.8.3
Specific discretionary use evaluation criteria for daycare centres and pre-schools, and residential care
homes:
a. Council will consider if the proposed use maintains the existing residential character of the
neighbourhood.
7.8.4
Off-street parking spaces for daycare centres, pre-school nurseries and residential care facilities shall be
located in a side or rear yard and be screened if they are adjacent to a site used for residential purposes.
Zoning Bylaw | BYLAW NO. 445/18
Page | 49
SECTION 8: RESIDENTIAL MULTIPLE DWELLING DISTRICT - R2
The purpose of the Residential Multiple Dwelling District (R2) is to accommodate a variety of high density
residential development including single detached residences, semi detached residences, townhouses and multi-
unit dwellings.
No person shall within any R2 - Residential Multiple Dwelling District use any land or erect, alter or use any
building or structure, except in accordance with the following provisions:
8.1
PERMITTED USES
8.1.1
Principle Uses
a. One (1) single detached dwelling, including a RTM;
b. Semi detached, duplex dwelling, fourplex or townhouses and other multiple unit dwellings; and
c. Apartment buildings.
8.1.2
Accessory Uses
a. Uses, buildings and structures accessory to the foregoing permitted uses and located on the
same site with the main use.
8.1.3
Public Works and Municipal Facilities
a. Public works, buildings and structures, excluding offices, shops, warehouses, storage yards, and
waste management or sewage facilities.
8.2
DISCRETIONARY USES
The following uses may be permitted in the R2 - Residential Multiple Dwelling District though only by resolution
of Council and only in locations specified in such resolution of Council.
8.2.1
Principle Uses
a. Modular homes (refer to Section 5.5); and
b. Daycare centres and pre-schools (refer to Section 5.7).
8.2.2
Accessory Uses
a. Secondary suites (refer to Section 5.4);
b. Home occupations, home-based businesses (refer to Section 5.3);
c. Bed and breakfast homes (refer to Section 5.6);
d. Residential care homes (refer to Section 5.8);
e. Swimming pools; and
f. Temporary covered structures.
8.3
SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements.
Zoning Bylaw | BYLAW NO. 445/18
Page | 50
Single Detached,
RTM, Modular
Homes
Semi Detached,
Duplex
Dwellings,
Modular Duplex
Townhouse,
Fourplex, Other
Multiple Unit
Dwellings
Apartment
Buildings
Public Parks
and
Playgrounds
and Swimming
Pools
Minimum site
area
464.52 m2
(5,000.0 ft2) with
a lane, otherwise
602.94 m2
(6,490.0 ft2)
278.71 m2
(3,000.0 ft2)
with a lane,
otherwise
650.04 m2
(6,997.0 ft2)
199.93 m2
(2,152.0 ft2) or
459.97 m2
(4951.0 ft2) plus
93.0 m2 (1001.0
ft2) for each unit
more than three
(3) on the
ground floor
557.42 m2
(6,000.0 ft2) or
929.96 m2
(10,010.0 ft2)
No minimum
Minimum
floor area
46.45 m2 (500.0
ft2)
46.45 m2 (500.0
ft2)
46.45 m2 (500.0
ft2) per unit
36.98 m2 (398.0
ft2) per dwelling
unit
No minimum
Minimum site
frontage
15.24 metres
(50.0 ft.) with a
lane, otherwise
19.0 m (62 ft.)
6.40 metres (21
ft.) with a lane,
otherwise 21.03
metres (69 ft.)
6.10 meters
(20.0 ft.) per
dwelling unit
22.86 metres
(75.0 ft.)
No minimum
Maximum
height
9.0 metres (30.0
ft.)
9.0 metres (30.0
ft.)
9.0 metres (30.0
ft.) or 3 storeys
9.0 metres (30.0
ft.) or 3 storeys
No maximum
Maximum site
coverage
40% and 50% on
a corner lot
40% and 50% on
a corner site
50%, 60% on a
corner lot
50% interior
site, 60% corner
site
No maximum
Minimum
front yard
7.62 metres (25.0
ft.)
7.62 metres
(25.0 ft.)
7.62 metres
(25.0 ft.)
6.10 metres (20
ft.) or
7.62 metres
(25.0 ft.)
7.62 metres
(25.0 ft.)
Minimum rear
yard
1.52 metres (5.0
ft.) except that
for a corner lot,
where access to
an attached
garage is
obtained from a
rear lot line
(flankage), the
minimum rear
yard shall be 3.05
metres (10 ft.)
1.52 metres (5.0
ft.)
1.52 metres (5.0
ft.)
1.52 metres (5.0
ft.)
No minimum
Minimum side
yard
1.52 metres (5.0
ft.) except that
for a corner lot,
the minimum side
yard shall be 3.05
metres (10 ft.)
1.52 metres (5.0
ft.) except that
for a corner lot,
the minimum
side yard shall
be 3.05 metres
1.52 metres (5.0
ft.) or 50% of
the average wall
height,
whichever is
greater
1.52 metres (5.0
ft.) or 50% of
the average wall
height,
whichever is
greater
1.52 metres
(5.0 ft.)
Zoning Bylaw | BYLAW NO. 445/18
Page | 51
from a side lot
line, however,
where access to
an attached
garage is
obtained from a
side lot line, the
minimum side
yard shall be 6.10
metres (20 ft.)
(10 ft.) from a
side lot line,
however, where
access to an
attached garage
is obtained from
a side lot line,
the minimum
side yard shall
be 6.10 metres
(20 ft.)
Other Discretionary Uses
Daycare Centres, Bed and Breakfast Homes, Residential Care Homes
Minimum site area
464.52 m2 (5,000.0 ft2) with a lane, otherwise 602.94 m2 (6,490.0 ft2)
Minimum floor area
46.45 m2 (500.0 ft2)
Minimum site frontage
15.24 metres (50 ft.) where the lot is served by a lane, otherwise 17.98 metres
(59.0 ft.)
Maximum height
9.0 metres (30.0 ft.)
Maximum site coverage
40% or 50%
Minimum front yard
7.62 metres (25.0 ft.)
Minimum rear yard
1.52 metres (5.0 ft.) or 25% of the depth of the site, whichever is greater
Minimum side yard
1.52 metres (5.0 ft.)
8.4
ACCESSORY USES, BUILDINGS AND STRUCTURES
Maximum floor area
83.61 m2 (900.0 ft2) or 111.48 m2 (1,200.0 ft2)
Minimum front yard
7.62 metres (25.0 ft.)
Minimum rear yard
0.61 metres (2.0 ft.) except where an accessory building has a door or doors
opening onto a lane, then it shall not be located less than 2.13 metres (7.0 ft.)
Minimum side yard
0.61 metres (2.0 ft.) unless the side site line is abutting a street then the side
yard shall be 3.66 metres (12.0 ft.)
Minimum setback from
principle building
1.22 metres (4.0 ft.)
Maximum height
Height of accessory buildings shall not exceed the height of the principle
building or 4.00 metres from ground level up to mid-way of a sloped roof or
even with a flat roof
a. Accessory uses shall not be located in a required front yard unless stated elsewhere in the Zoning Bylaw;
b. Garages, carports and accessory buildings attached to a principle building by a substantial roof structure
shall be considered as part of the principle building and subject to the regulations of the principle
building and shall not exceed the square footage of the main floor of the principle dwelling in size;
c. A carport, consisting of a roof and supporting columns or structures which are not permanent walls, is
permitted to encroach into any required side yard as long as the supporting structures are set back a
Zoning Bylaw | BYLAW NO. 445/18
Page | 52
minimum of 0.61 metres (2.0 ft.) from the side lot line and the roof does not project past the side lot
line;
d. A detached private garage is permitted in any side or rear yard, provided there is sufficient available
space to comply with all other requirements in this section;
e. All activities related to artisan studios, crafts and workshops shall be conducted within an enclosed
building. No exterior storage of materials, goods or waste products is permitted, except within a waste
disposal bin for collection;
f. No attached structure, i.e. deck, shall have a total floor area greater than the main floor area of the
principle building. In calculating the main floor area of a principle building, the area of an attached
garage shall be excluded; and
g. Temporary, fabric covered structures consisting of wood, metal or plastic framing covered on the roof
and one (1) or more sides with fabric, plastic, vinyl, or other sheet material shall be permitted at
Council's discretion in a rear or side yard.
8.5
FENCE AND HEDGE HEIGHTS
8.5.1
Subject to traffic sight lines, the following height limitations shall apply to fences, walls, chain-link fences
and hedges:
a. No hedge, fence or other structure shall be erected past any property line;
b. In a required front yard, to a height no greater than 0.91 metres (3.0 ft.) above grade level;
c. In a required rear yard, to a height no greater than 1.83 metres (6.0 ft.) above grade level; and
d. Except permitted accessory buildings, no fence or other structure shall be erected to a height of
more than 1.83 metres (6.0 ft.).
8.6
SIGNAGE
8.6.1
One (1) permanent sign is permitted per site. The facial area of a sign shall not exceed 0.46 m2 (5.0 ft2).
8.6.2
In the case of a home occupation, an additional permanent sign is permitted in a window of a dwelling.
8.6.3
Additional signs shall be approved at the discretion of Council.
8.6.4
No sign shall be located in any manner that may obstruct or jeopardize the safety of the public.
8.6.5
Temporary signs not exceeding 1.02 m2 (11.0 ft2) advertising the sale or lease of the property or other
information relating to a temporary condition affecting the property are permitted.
8.7
PARKING
Off-street parking requirements shall be provided in accordance with the following:
Single detached, RTM,
modular homes
1 space per unit or 2 spaces per unit
Semi-detached, duplex
dwelling, fourplex,
townhouses, other multi-
unit dwellings (per
dwelling unit)
1 space per unit or 2 spaces per unit
Apartment buildings
1.25 spaces per dwelling
Public works
No requirements
Zoning Bylaw | BYLAW NO. 445/18
Page | 53
Playgrounds and
swimming pools
No requirements
Daycare centres,
residential care homes
1 space plus 1 additional space for every 10 persons enrolled in the facility
Bed and breakfast homes
1 per guest bedroom
8.8
OUTDOOR STORAGE
8.8.1
No outdoor storage shall be permitted in the required front yard of any residential site.
8.8.2
Council may apply special standards as a condition or for a discretionary use approval regarding the
location of areas used for storage for that use.
8.8.3
No yard shall be used for the storage or collection of hazardous material.
8.8.4
Council may require additional standards for the location, setback or screening of any area devoted to
the outdoor storage of vehicles, operating equipment and machinery normally used for the maintenance
of the residential property, vehicles or vehicular parts, inoperable vehicles or machinery.
8.8.5
Provision shall be made for the owner of the property to temporarily display a maximum of either one
(1) vehicle or recreational vehicle in operating condition that is for sale at any given point in time.
8.9
DISCRETIONARY USE EVALUATION CRITERIA
8.9.1
All discretionary uses shall follow the general discretionary use evaluation criteria as outlined in Section
5 and others that may be specified.
8.9.2
Specific discretionary use criteria for daycare centres and pre-schools, and residential care homes:
a. Council will consider if the proposed use maintains the existing residential character of the
neighbourhood.
8.9.3
Off-street parking spaces for daycare centres, pre-school nurseries and residential care facilities shall be
located in a side or rear yard and be screened if they are adjacent to a site used for residential purposes.
Zoning Bylaw | BYLAW NO. 445/18
Page | 54
SECTION 9: RESIDENTIAL MOBILE HOME DISTRICT - RMH
The purpose of the Residential Mobile Home District (RMH) is to accommodate mobile home park development
in a concentrated manner.
No person shall within any RMH - Residential Mobile Home District use any land, or erect, alter or use any
building or structure except in accordance with the following provisions:
9.1
PERMITTED USES
9.1.1
Principle Uses
a. Mobile home parks; and
b. One (1) mobile home.
9.1.2
Accessory Uses
a. Uses, building and structures accessory to the foregoing permitted uses and located on the same
site with the main use; and
b. Playgrounds and swimming pools.
9.1.3
Public Works and Municipal Facilities
a. Public works, buildings and structures excluding offices, warehouses, storage yards and waste
management or sewage facilities.
9.2
DISCRETIONARY USES
The following uses may be permitted in the RMH - Residential Mobile Home District but only by resolution of
Council and only in locations specified in such resolution of Council.
9.2.1
Principle Uses
a. Laundromat.
9.2.2
Accessory Uses
a. Home occupations, home-based businesses (refer to Section 5.3); and
b. Temporary covered structures.
9.3
SITE DEVELOPMENT REGUALATIONS
Public works shall have no minimum or maximum site requirements.
Mobile Home Parks
Mobile Home Sites
Minimum site area
2.0 hectares (4.9 acres)
360.0 m2 (3,875.0 ft2) with a
lane, 450.02 m2 (4,844.0 ft2)
without a lane
Minimum floor area
-
44.97 m2 (484 ft2)
Minimum site frontage
14.94 metres (49.0 ft.)
11.89 metres (39.0 ft.) with a
lane, 14.94 metres (49.0 ft.)
without a lane
Maximum site coverage
-
40%
Minimum front yard
4.57 metres (15.0 ft.)
4.57 metres (15.0 ft.)
Minimum rear yard
7.62 metres (25.0 ft.)
1.52 metres (5.0 ft.)
Minimum side yard
7.62 metres (25.0 ft.)
1.52 metres (5.0 ft.)
Zoning Bylaw | BYLAW NO. 445/18
Page | 55
Discretionary Uses
Home Occupations, Laundromats
Minimum site area
450.02 m2 (4,844.0 ft2)
Minimum floor area
No minimum
Minimum site frontage
11.89 metres (39.0 ft.) with a lane, 14.94 metres (49.0 ft.) without a lane
Minimum front yard
4.57 metres (15.0 ft.)
Minimum rear yard
1.52 metres (5.0 ft.)
Minimum side yard
1.52 metres (5.0 ft.)
9.4
DEVELOPMENT STANDARDS FOR MOBILE HOMES
9.4.1
All mobile homes must meet the standards set out in CSA Z240 Procedure for Certification of Factory
Built Houses, and amendments thereto. All mobile homes must bear a label of a credible certification
agency indicating that compliance with the National Building Code has been certified using the Z240
procedure.
9.4.2
All applications for mobile homes will be required to submit a photo to Council of the mobile home prior
to approval.
9.4.3
All attached and accessory structures shall require a building permit and shall comply with the
requirements of the National Building Code of Canada and the Building Bylaw of the Town of Stoughton.
9.4.4
All attached or accessory structures such as porches, sun room additions, skirting and storage facilities
must be factory prefabricated units, or of an equivalent quality, and shall be painted, or prefinished so
the design and construction will complement the main structure.
9.4.5
In order to protect the residential character of the community, wheels, hitches, and running gear must
be removed within thirty (30) days of arrival, and skirting must be installed in such a manner as to
compensate for vertical movements and to prevent the entrance of rodents and other small animals.
9.4.6
All mobile homes shall be connected to water and sewer services provided by the municipality and
connected as available to other public utilities.
9.5
ACCESSORY USES, BUILDINGS AND STRUCTURES
Maximum floor area
83.61 m2 (900.0 ft2)
Minimum front yard
7.62 metres (25.0 ft.)
Minimum rear yard
0.61 metres (2.0 ft.) except where an accessory building has a door or doors
opening onto a lane, then it shall not be located less than 2.13 metres (7.0 ft.)
Minimum side yard
0.61 metres (2.0 ft.) unless the side site line is abutting a street then the side
yard shall be 3.66 metres (12.0 ft.)
Minimum setback from
principle building
1.22 metres (4.0 ft.)
Maximum height
Height of accessory buildings shall not exceed the height of the principle
building
a. Accessory uses shall not be located in a required front yard unless stated elsewhere in the Zoning Bylaw;
b. Garages, carports and accessory buildings attached to a principle building by a substantial roof structure
shall be considered as part of the principle building and subject to the regulations of the principle
building and shall not exceed the square footage of the main floor of the principle dwelling in size;
Zoning Bylaw | BYLAW NO. 445/18
Page | 56
c. A carport, consisting of a roof and supporting columns or structures which are not permanent walls, is
permitted to encroach into any required side yard as long as the supporting structures are set back a
minimum of 0.61 metres (2.0 ft.) from the side lot line and the roof does not project past the side lot
line;
d. A detached private garage is permitted in any side or rear yard, provided there is sufficient available
space to comply with all other requirements in this section;
e. All activities related to artisan studios, crafts and workshops shall be conducted within an enclosed
building. No exterior storage of materials, goods or waste products is permitted, except within a waste
disposal bin for collection;
f. No attached structure, i.e. deck, shall have a total floor area greater than the main floor area of the
principle building. In calculating the main floor area of a principle building, the area of an attached
garage shall be excluded; and
g. Temporary, fabric covered structures consisting of wood, metal or plastic framing covered on the roof
and one (1) or more sides with fabric, plastic, vinyl, or other sheet material shall be permitted at
Council's discretion in a rear or side yard.
9.6 FENCE AND HEDGE HEIGHTS
9.6.1
Subject to traffic sight lines, the following height limitations shall apply to fences, walls, chain-link fences
and hedges:
a. No hedge, fence or other structure shall be erected past any property line;
b. In a required front yard, to a height no greater than 0.91 metres (3.0 ft.) above grade level;
c. In a required rear yard, to a height no greater than 1.83 metres (6.0 ft.) above grade level; and
d. Except permitted accessory buildings, no fence or other structure shall be erected to a height of
more than 1.83 metres (6.0 ft.).
9.7 SIGNAGE
9.7.1
One (1) permanent sign is permitted per site. The facial area of a sign shall not exceed 0.46 m2 (5.0 ft2).
9.7.2
In the case of a home occupation, an additional permanent sign is permitted in a window of a dwelling.
9.7.3
Additional signs shall be approved at the discretion of Council.
9.7.4
No sign shall be located in any manner that may obstruct or jeopardize the safety of the public.
9.7.5
Temporary signs not exceeding 1.02 m2 (11.0 ft2) advertising the sale or lease of the property or other
information relating to a temporary condition affecting the property are permitted.
9.8 PARKING
Off-street parking requirements shall be provided in accordance with the following:
Mobile Homes
1 space per unit or 2 spaces per unit
Public works
No requirements
Playgrounds and
swimming pools
No requirements
Laundromats
1 space per 28 m2 (301.39 ft2) of gross floor area
9.9 OUTDOOR STORAGE
9.9.1
No outdoor storage shall be permitted in the required front yard of any residential site.
Zoning Bylaw | BYLAW NO. 445/18
Page | 57
9.9.2
Council may apply special standards as a condition or for a discretionary use approval regarding the
location of areas used for storage for that use.
9.9.3
No yard shall be used for the storage or collection of hazardous material.
9.9.4
Council may require additional standards for the location, setback or screening of any area devoted to
the outdoor storage of vehicles, operating equipment and machinery normally used for the
maintenance of the residential property, vehicles or vehicular parts, inoperable vehicles or machinery.
9.9.5
Provision shall be made for the owner of the property to temporarily display a maximum of either one
(1) vehicle or recreational vehicle in operating condition that is for sale at any given point in time.
Zoning Bylaw | BYLAW NO. 445/18
Page | 58
SECTION 10: TOWN CENTRE COMMERCIAL - C1
The purpose of the Town Centre Commercial District (C1) is to continue to encourage a "downtown" experience
by providing pedestrian oriented activities and services.
No person shall within any C1 - Town Centre Commercial District, use any land, or erect, alter or use any
building or structure except in accordance with the following provisions:
10.1 PERMITTED USES
10.1.1 Principle Uses
a. Banks, credit unions, and other financial institutions;
b. Administrative offices;
c. Barbers, hairdressers, and other similar personal services establishments;
d. Medical, dental, and other health care offices and clinics or health services;
e. Restaurants, cafes, coffee shops, and other similar fast food services;
f. Confectionaries and delicatessens;
g. Storefront retail stores and outlets;
h. Police, ambulance stations;
i.
Storefront bakeries, butcher shops, and similar food processing with onsite retail sales;
j.
Theatres, community services;
k. Commercial and public recreational establishments such as bowling alleys, arcades and fitness
centres;
l.
Licenses premises for the sale and consumption of alcoholic beverages;
m. Outdoor markets and concessions (permanent, season, or occasional);
n. Small-scale repair trades such as tailors, jewelers, art and hand craft shops and studios, crafts
people and similar trades including retail sales of art and craft products; and
o. Storefront construction trades without yards.
10.1.2 Accessory Uses
a. Buildings, structures or uses accessory to and located on the same site as the principle building
or permitted use.
10.1.3 Public Works and Municipal Facilities
a. Public works buildings, offices, and structures excluding warehouses, storage yards and waste
management or sewage facilities.
10.2 DISCRETIONARY USES
The following may be permitted in the C1 - Town Centre Commercial District though only by resolution of
Council and only in locations specified by such resolution of Council.
10.2.1 Principle Uses
a. Strip malls;
b. Lumber and building supply establishments;
c. Community services;
d. Daycare centres (refer to Section 5.7);
e. Rooming house;
f. Animal hospitals, or clinics and offices of veterinary surgeons;
g. Shops of plumbers, pipe fitters, metal workers, and other industrial trades manufacturing and
sales;
h. Service stations (refer to Section 5.12);
Zoning Bylaw | BYLAW NO. 445/18
Page | 59
i.
Motor vehicle repair shops;
j.
Car washes;
k. Newspaper offices and printing plants, and services; and
l.
Funeral homes.
10.2.2 Accessory Uses
a. Dwellings attached to and behind, or above, commercial establishments.
10.3 SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements.
Commercial Uses
Service Stations
Strip Malls
Minimum site area
278.71 m2 (3000.0 ft2)
278.7 m2 (3,000.0 ft2)
900.04 m2 (9,688.0 ft2)
Minimum site frontage
7.62 metres (25.0 ft.)
30.48 metres (100.0 ft.)
30.48 metres (100.0 ft.)
Height
11.89 metres (39.0 ft.) or
11.89 metres (39.0 ft.)
11.89 metres (39.0 ft.)
Minimum front yard
No requirement
7.62 metres (25.0 ft.)
14.94 metres (49.0 ft.)
Minimum rear yard
1.52 metres (5.0 ft.) except
when the rear of a lot directly
abuts any Residential or
Community Service District or
abuts a public street, then
the minimum rear yard shall
be 6.10 metres (20.0 ft.)
10% of the depth of the
lot
6.10 metres (20.0 ft.)
Minimum side yard
No requirement except when
the side site line directly
abuts any Residential or
Community Service District or
abuts a public street, then
the minimum side yard shall
be 1.52 metres (5.0 ft.)
1.52 metres (5.0 ft.)
1.52 metres (5.0 ft.)
Other Discretionary
Uses
Lumber and Building Establishments, Public Transportation Depots, Daycare
Centres, Rooming Houses, Animal Hospitals, Shops of Plumbers, Pipe Fitters,
Metal Workers and other Industrial Trades Manufacturing and Sales, Service
Stations, Motor Vehicle Repair Shops, Car Washes, Newspaper Offices and
Printing Plants, Funeral Homes
Minimum site area
235.04 m2 (2530.0 ft2)
Minimum site frontage
7.62 metres (25.0 ft.)
Maximum site coverage 75%
Height
14.94 metres (49.0 ft.)
Minimum front yard
No requirement
Minimum rear yard
No requirement except 6.10 metres (20.0 ft.) minimum rear if abutting a
Residential District without an intervening street or lane. 1.52 metres (5.0 ft.)
Minimum side yard
1.52 metres (5.0 ft.) minimum side yard if abutting a Residential District without an
intervening street or lane
Zoning Bylaw | BYLAW NO. 445/18
Page | 60
10.4 ACCESSORY USES, BUILDINGS AND STRUCTURES
Setbacks for accessory buildings shall meet the same requirements as the principle use or building.
10.5 SIGNAGE
10.5.1 Signs and billboards shall be prohibited in the C1 - Town Centre Commercial except for signs advertising
the principle use of the premises of the principle products offered for sale on the premises. Permitted
signs shall be subject to the following requirements:
a. No sign shall be located in any manner that may obstruct or jeopardize the safety of the public;
b. No more than two (2) signs shall be permitted on the premises;
c. Additional signs shall be approved at the discretion of Council;
d. The facial area of a sign shall not exceed 7.0 m2 (75.0 ft2) for each 7.62 metres (25.0 ft.) of site
frontage;
e. Temporary signs not exceeding 1.02 m2 (11.0 ft2) advertising the sale or lease of the property or
other information relating to a temporary condition affecting the property, are permitted; and
f. Temporary signs advertising product prices or sales, special events related to retail and service
activities, or advertising community or charity activities or events are permitted.
10.6 PARKING
Off-street parking requirements shall be provided in accordance with the following:
Commercial use
No requirement
Rooming house
1 parking space per room available for occupation
Lumber and building
supply establishments
1 space per 49.98 m2 (538.0 ft2) of gross floor or 1 space per 3 employees,
whichever is greater
All other uses
No requirement
10.7 LANDSCAPING
10.7.1 Where a site abuts any Residential District without an intervening lane, there shall be a strip of land
adjacent to the abutting site line of not less than 1.52 metres (5.0 ft.) in width throughout which shall
not be used for any purpose except landscaping.
10.8 DISCRETIONARY USE EVALUATION CRITERIA
10.8.1 All discretionary uses shall follow the general discretionary use evaluation criteria as outlined in Section
5 and others that may be specified.
10.8.2 Specific discretionary use evaluation criteria for accessory dwellings attached to and behind, or above,
commercial establishments:
a. A maximum of one accessory dwelling unit attached to and behind, or above, a commercial
establishment will be allowed;
b. Council will favourably consider an accessory dwelling where it is located in the principle
building with the front of the building at grade level always remaining a commercial use;
c. Council will only consider accessory dwellings that have a main entrance that is separate from
that of the commercial establishment; and
d. Dwelling units must be provided with a fire exit secondary to the required entrance.
10.8.3 Specific discretionary use evaluation criteria for strip malls:
Zoning Bylaw | BYLAW NO. 445/18
Page | 61
a. Council will favorably consider the proposed use where it can be demonstrated that it is
primarily for pedestrian use and accessible to the public from both the street and from the
development;
b. Council will consider the appropriate separation to other uses that may be incompatible with
strip mall retail and service activities;
c. Council will consider the potential uses and street access to the site when making a
discretionary use decision on a proposed strip mall. Ingress and egress points shall be designed
to minimize conflict with adjacent land uses and not pose a safety hazard; and
d. Other criteria may include street façade, main street entrance, windows along the street and
the relaxation of onsite parking requirements.
10.8.4 Specific discretionary use evaluation criteria for lumber yards:
a. Development of these uses on other than the existing sites will be encouraged to locate on
vacant land with adequate space.
10.8.5 Specific discretionary use evaluation criteria for building supply establishments, construction trades,
motor vehicle repair shops, car washes and newspaper offices and printing plants:
a. The location of the use will only be favourably considered where it can be demonstrated that
the use and intensity is appropriate to the site and that it will have minimal impact on
surrounding adjacent areas. Consideration may be given, though not limited to, the following
effects:
i. Municipal servicing capacity;
ii. Anticipated levels of noise, odour, smoke, fumes, dust, lighting, glare, vibration and
other emissions emanating from the operation;
iii. Anticipated increased levels or types of vehicle traffic, unsafe conditions or situations
for vehicles, cyclists or pedestrians; and
iv. Utilization of hazardous substances.
b. Consideration shall be given to the location of entry and exit points to the site and their
interrelation with existing intersections or land constraints.
10.8.6 Specific discretionary use evaluation criteria for rooming houses:
a. Council will favourbly consider a rooming house that is contained within a single-detached (both
halves must be a rooming house) dwelling; and
b. Council will consider if the proposed use maintains the existing residential character of the
neighbourhood.
10.8.7 Specific discretionary use evaluation criteria for funeral homes:
a. Council shall favourably consider the location of the proposed use on a lot that abuts a major
(primary or secondary) street, as identified in the Official Community Plan "Transportation
Hierarchy" Reference Map.
10.8.8 Sites used for discretionary uses which may result in heavy truck traffic shall be located to ensure that
such traffic takes an access to or from major streets or designated truck routes.
10.8.9 All operations related to construction trades, artisans and craft shop offices shall be conducted within an
enclosed building. No exterior storage of materials, goods or waste products is permitted, except within
a waste disposal bin for collection.
Zoning Bylaw | BYLAW NO. 445/18
Page | 62
SECTION 11: HIGHWAY COMMERCIAL - C2
The purpose of the Highway Commercial District (C2) is to facilitate a wide range of commercial and related
activities located along the Highways.
No person shall within a C2 - Highway Commercial District use any land, or erect, alter or use any building or
structure except in accordance with the following provisions:
11.1 PERMITTED USES
11.1.1 Principle Uses
a. Business and/or professional offices;
b. Motels or motor hotels including a dwelling for caretakers, owners, or managers;
c. Restaurants, confectionaries including drive-thrus;
d. Licensed premises for the sale and consumption of alcoholic beverages;
e. Strip malls;
f. Commercial and public recreational establishments such as bowling alleys, arcades and fitness
centres;
g. Car washes;
h. Service stations and other establishments for the servicing, storage, and sale of motor vehicles,
trailers, recreation, or farm machinery and equipment;
i.
Garden centres or commercial greenhouses;
j.
Lumber and building supply establishments;
k. Tourism oriented commercial recreation activities;
l.
Police, ambulance stations; and
m. Residential home building establishments.
11.1.2 Accessory Uses
a. Accessory uses including integrated or complementary uses, buildings or structures accessory to
and located on the same site as the principle building or use.
11.1.3 Public Works and Municipal Facilities
a. Public works offices, buildings, structures and warehouses excluding waste management or
sewage facilities.
11.2 DISCRTIONARY USES
The following may be permitted in the C2 - Highway Commercial District though only by resolution of Council
and only in locations specified by such resolution of Council.
11.2.1 Principle Uses
a. Tourist campgrounds;
b. Public transportation depots;
c. Animal hospitals or clinics and offices of veterinary surgeons;
d. Construction trades and contractor's yards;
e. Shops of plumbers, pipe fitters, metal workers and other industrial trades manufacturing and
sales;
f. Autobody shops;
g. Campground including recreational vehicle park (refer to Section 5.9);
h. Rooming house;
i.
Temporary work camps (refer to Section 5.10);
j.
Commercial greenhouse;
Zoning Bylaw | BYLAW NO. 445/18
Page | 63
k. Agricultural implement, motor vehicle, recreational vehicle, and/or mobile home sales and
servicing and/or storage compound; and
l.
Semi-trailer and container parking lot.
11.2.2 Accessory Uses
a. Temporary covered structures; and
b. Mobile storage containers.
11.3 PROHIBITED USES
a. Aggregate materials, storage or handling operations;
b. Storage of hazardous materials; and
c. Abattoirs.
11.4 SITE DEVELOPMENT REQUIREMENTS
Public works shall have no minimum or maximum site requirement.
Permitted Uses
Minimum site area
696.77 m² (7,500.0 ft2)
Minimum site frontage
22.86 metres (75.0 ft.)
Minimum front yard
No requirement, with the exception of commercial greenhouses which is
7.62 metres (25.0 ft.)
Minimum rear yard
10% of the lot depth; Commercial greenhouses 1.52 metres (5.0 ft.)
Minimum side yard
0.91 meters (3 ft.) on each side except 3.05 metres (10.0 ft.) minimum on
the side abutting a corner lot
Hotels, Motels
All Other Uses
Minimum site area
929.03 m2 (10,000.0 ft2)
696.77 m² (7,500.0 ft2)
Minimum site frontage
30.48 metres (100.0 ft.)
22.86 metres (75 ft.)
Height
14.94 metres (49.0 ft.) for principle buildings
Minimum front yard
15.24 metres (50 ft.)
7.62 metres (25.0 ft.)
Minimum rear yard
3.05 metres (10.0 ft.) with lane, 6.10
metres (20.0 ft.) without lane
3.05 metres (10.0 ft.) with lane,
6.10 metres (20.0 ft.) without
lane
Minimum side yard
3.05 metres (10.0 ft.)
3.05 metres (10.0 ft.)
11.5 ACCESSORY USES, BUILDINGS AND STRUCTURES
11.5.1 Setbacks for accessory buildings shall meet the same requirements as the principle use or building.
11.5.2 Temporary, fabric covered structures consisting of wood, metal or plastic framing covered on the roof
and one (1) or more sides with fabric, plastic, vinyl, or other sheet material shall be permitted at
Council's discretion in a rear or side yard.
11.5.3 Mobile storage containers shall be permitted at Council's discretion in a rear or side yard.
Zoning Bylaw | BYLAW NO. 445/18
Page | 64
11.6 FENCE AND HEDGE HEIGHTS
11.6.1 Screen fences shall be consistent and complement the quality of building design and materials of the
primary building. Screening shall be provided where a lot used for commercial or industrial purposes
abuts a Residential District without an intervening street or lane. Such screening shall consist of a solid
fence, hedge, or wall over 1.52 metres (5.0 ft.) in height in a side or rear yard and over 0.76 metres (2.5
ft.) in a front yard.
11.6.2 No fence in a commercial or industrial zone shall exceed 2.44 metres (8.0 ft.).
11.6.3 No barbed wire or razor fences shall be allowed in the Commercial District.
11.7 LANDSCAPING
11.7.1 A landscaped strip of not less than 3.05 metres (10.0 ft.) in width throughout lying, parallel, and abutting
the front site line, shall be provided on every site.
11.7.2 On corner lots, in addition to the landscaping required in the front yard, the whole of any required side
yard abutting the flanking street shall be landscaped.
11.7.3 Where a site abuts any Residential or Community Service District without an intervening lane, there
shall be a strip of land adjacent to the abutting site line of not less than 3.05 metres (10.0 ft.) in width
throughout which shall not be used for any purpose except landscaping.
11.8 PARKING REQUIREMENTS
Strip malls
5381 parking space for each 49.98 m² (538.0 ft2) of floor area
Stores and offices
1 parking space for every 49.98 m² (538.0 ft2) of gross floor area
Restaurants, other eating
places
1 parking space for every 10 seats provided for patrons
Motels, motor hotels or
rooming houses
1 parking space for each unit
Service stations
1.5 parking spaces for each service bay
All other uses
1 parking space for each 74.97 m² (807.0 ft2) of building floor area
11.9 LOADING REQUIREMENTS
Where the use of a building or site involves the receipt, distribution or dispatch by vehicles of materials, goods
or merchandise, adequate space for such vehicles to stand for loading and unloading shall be provided on the
site. The minimum area of an individual loading space shall be 17.0 m2 (183 ft2). Doors located in side yards shall
not be used for delivery purposes.
Gross Floor Area
Minimum Number of Loading Spaces
93 m² to 1300 m²
1 space
1300 m² to 2800 m²
2 spaces
Greater than 2800 m²
2 spaces + 1 space for each 5600.0 m² (60,278.0 ft2)
Zoning Bylaw | BYLAW NO. 445/18
Page | 65
11.10 SIGNAGE
11.10.1 Signs and billboards shall be prohibited in the C2 - Highway Commercial District except for signs
advertising the principle use of the premises or the principle products offered for sale on the premises.
Permitted signs shall be subject to the following requirements:
a. Two (2) permanent signs are permitted per site. The facial area of a sign shall not exceed 3.34
m2 (36.0 ft2):
i. The two permitted signs may be combined and the total facial area shall not exceed
6.50 m2 (70.0 ft2).
b. Additional signs shall be approved at the discretion of Council;
c. No sign shall be located in any manner that may jeopardize public safety;
d. Temporary signs not exceeding 1.02 m2 (11.0 ft2) advertising the sale or lease of the property or
other information relating to temporary condition affecting the property are permitted; and
e. Temporary signs advertising product prices or sales, special events related to retail and service
activities, or advertising community or charity activities or events are permitted.
11.11 OUTSIDE STORAGE
11.11.1 No outdoor storage shall be permitted in the required front yard of any commercial or industrial site.
11.11.2 Council may apply special standards as a condition, or for a discretionary use approval, regarding the
location of areas used for storage for that use.
11.11.3 No wrecked, partially dismantled, or inoperable vehicle or machinery shall be stored or displayed in
any required yard. No yard shall be used for the storage or collection of hazardous material.
11.12 DISCRETIONARY USE EVALUATION CRITERIA
11.12.1
All discretionary uses shall follow the general discretionary use evaluation criteria as outlined in
Section 5 and others that may be specified.
11.12.2
Specific discretionary use evaluation criteria for commercial greenhouse; construction trades and
contractor's yards, shops of plumbers, pipe fitters, metal workers, other industrial trades,
manufacturing and sales, and autobody shops:
a. The location of the use will only be favourably considered where it can be demonstrated that
the use and intensity is appropriate to the site and that it will have minimal impact on
surrounding adjacent areas. Consideration may be given, though not limited to, the following
effects:
i. Municipal servicing capacity;
ii. Anticipated levels of noise, odour, smoke, fumes, dust, lighting, glare, vibration and
other emissions emanating from the operation;
iii. Anticipated increased levels or types of vehicle traffic, unsafe conditions for vehicles,
cyclists or pedestrians; and
iv. Utilization of hazardous substances.
b. Consideration shall be given to the location of entry and exit points to the site and their
interrelation with existing intersections or land constraints; and
c. Commercial greenhouses used for growing medical and recreational cannabis shall be compliant
with any provincial and federal regulations.
11.12.3
Specific discretionary use evaluation criteria for rooming houses:
Zoning Bylaw | BYLAW NO. 445/18
Page | 66
a. Council will favourbly consider a rooming house that is contained within a single-detached or
semi-detached (both halves must be a rooming house) dwelling; and
b. Council will consider if the proposed use maintains the existing residential character of the
neighbourhood.
11.12.4
Specific discretionary use evaluation criteria for agriculture implement, motor vehicle, recreational
vehicle and/or mobile home sales storage compound, andsemi-trailer and container parking lots
including mobile storage containers:
a. Council will favourably consider the proposed use where it is located in an area of low-visibility,
and screened to avoid any adverse visual impact.
11.12.5
Sites used for discretionary uses which may result in heavy truck traffic shall be located to ensure
that such traffic takes access to or from major streets or designated truck routes.
Zoning Bylaw | BYLAW NO. 445/18
Page | 67
SECTION 12: INDUSTRIAL - IND
The purpose of the Industrial District (IND) is to provide areas for industrial activities which have moderate
potential for conflict with adjacent land uses and rely on access to prime traffic routes.
No person shall within any IND - Industrial District use any land, or erect, alter or use any building or structure
except in accordance with the following provisions:
12.1 PERMITTED USES
12.1.1 Principle Uses
a. Business and/or professional offices;
b. Industrial parks containing a combination of permitted uses;
c. Indoor repair, rental, servicing, storage, wholesale of any commodity and/or retail sales of any
goods, materials and/or commodities excluding any hazardous materials;
d. Manufacturing, fabricating, processing, assembly, finishing, production or packaging of materials,
goods or products that are not noxious;
e. Oilfield supply and service establishments;
f. Auto body shops;
g. Construction and other contractors, industrial trades, workshops, yards, plants and/or offices;
h. Warehousing and supply depots;
i.
Farm and industrial machinery equipment and vehicle sales and service;
j.
Trucking operations;
k. Semi-trailer and container parking lot;
l.
Lumber and building supply establishments;
m. Construction of RTM homes or agricultural building assembly area;
n. Motor vehicle, recreational vehicle and/or mobile home sales and servicing and/or storage
compound; and
o. Commercial recycling depots.
12.1.2 Accessory Uses
a. Buildings, structures and uses accessory to, and located on the same site as, the principle
building or use excepting any building or structure used for human habitation.
12.1.3 Public Works and Municipal Facilities
a. Public works buildings and structures including offices, warehouses, storage, yards and waste
management or sewage facilities.
12.2 DISCRETIONARY USES
The following uses may be permitted in the IND - Industrial District though only by resolution of Council and only
in locations specified in such resolution of Council.
12.2.1 Principle Uses
a. Bulk petroleum sales and storage;
b. Oilfield equipment parking lot and staging area;
c. Stockyards and auction marts;
d. Salvage yards and auto wreckers;
e. Meat processing plants/abattoirs;
f. Seed cleaning plants, feed mills and flour mills;
g. Commercial greenhouses;
h. Fertilizer sales and storage;
Zoning Bylaw | BYLAW NO. 445/18
Page | 68
i.
Cement manufacturing; and
j.
Aggregate material storage or handling operations.
12.2.2 Accessory Uses
a. Temporary fabric covered structures; and
b. Mobile storage containers.
12.3 SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum requirements.
Permitted and Discretionary Uses
Minimum site area
899.95 m2 (9,687.0 ft2)
Minimum site frontage
30.48 metres (100.0 ft.)
Maximum Height
14.94 metres (49.0 ft.)
Minimum front yard
7.62 metres (25.0 ft.)
Minimum rear yard
3.05 metres (10.0 ft.) or 10% of the depth of the site
Minimum side yard
4.88 metres (16.0 ft.) or 3.05 metres (10.0 ft.) on each side
12.4 ACCESSORY USES, BUILDINGS AND STRUCTURES
12.4.1 Setbacks for accessory buildings shall meet the same requirements as the principle use or building.
12.4.2 Temporary, fabric covered structures consisting of wood, metal or plastic framing covered on the roof
and one (1) or more sides with fabric, plastic, vinyl, or other sheet material shall be permitted at
Council's discretion in a rear or side yard.
12.4.3 Mobile storage containers shall be permitted at Council's discretion in a rear or side yard.
12.5 FENCE AND HEDGE HEIGHTS
12.5.1 Screen fences shall be consistent and complement the quality of building design and materials of the
primary building. Screening shall be provided where a lot used for commercial or industrial purposes
abuts a Residential District without an intervening street or lane. Such screening shall consist of a solid
fence, hedge, or wall over 1.52 metres (5.0 ft.) in height in a side or rear yard and over 0.61 metres (2.0
ft.) in a front yard.
12.5.2 No fence in an Industrial District shall exceed 2.44 metres (8.0 ft.).
12.5.3 No barbed wire or razor wire fences shall be allowed in an Industrial District.
12.6 LANDSCAPING
12.6.1 A landscaped strip of not less than 3.05 metres (10.0 ft.) in width throughout, lying parallel and abutting
the front site line, shall be provided on every site.
12.6.2 On corner lots, in addition to the landscaping required in the front yard, the whole of any required side
yard abutting the flanking street shall be landscaped.
12.6.3 Where a site abuts any Residential or Community Service District without an intervening lane, there
shall be a strip of land adjacent to the abutting site line of not less than 3.05 metres (10.0 ft.) in width
throughout which shall not be used for any purpose except landscaping.
Zoning Bylaw | BYLAW NO. 445/18
Page | 69
12.7 PARKING
Off-street parking requirements shall be provided in accordance with the following:
Warehouses or
manufacturing activities
1 parking space for each 90.02 m² (969.0 ft2) of gross floor area
Principle buildings
1 parking space for every 49.98 m² (538.0 ft2) of gross floor area, or 1 parking
space for each 1.5 employee, whichever is greater
12.8 LOADING REQUIREMENTS
Where the use of a building or site involves the receipt, distribution or dispatch by vehicles of materials, goods
or merchandise, adequate space for such vehicles to stand for loading and unloading shall be provided on the
site. The minimum area of an individual loading space shall be 17.00 m2 (183.0 ft2). Doors located in side yards
shall not be used for delivery purposes.
Gross Floor Area
Minimum Number of Loading Spaces
93 m² to 1300 m²
1 space
1300 m² to 2800 m²
2 spaces
Greater than 2800 m²
2 spaces + 1 space for each 5600.0 m² (60,278.0 ft2)
12.9 SIGNAGE
12.9.1 Signs and billboards shall be prohibited in the IND - Industrial District except for signs advertising the
principle use of the premises or the principle products offered for sale on the premises. Permitted signs
shall be subject to the following requirements:
a. Two (2) permanent signs are permitted per site. The facial area of a sign shall not exceed 3.34
m2 (36.0 ft2):
i. The two permitted signs may be combined and the total facial area shall not exceed 6.5
m2 (70.0 ft2).
b. Additional signs shall be approved at the discretion of Council;
c. No sign shall be located in any manner that may jeopardize public safety;
d. Temporary signs not exceeding 1.02 m2 (11 ft2) advertising the sale or lease of the property or
other information relating to temporary condition affecting the property are permitted; and
e. Temporary signs advertising product prices or sales, special events related to retail and service
activities, or advertising community or charity activities or events are permitted.
12.10 OUTSIDE STORAGE
12.10.1 No outdoor storage shall be permitted in the required front yard of any commercial or industrial site.
12.10.2 No yard shall be used for the storage or collection of hazardous material.
12.10.3 Council may apply special standards as a condition, or for a discretionary use approval regarding the
location of areas used for storage for that use.
12.10.4 Council may require special standards for the location setback or screening of any area devoted to the
outdoor storage of vehicles in operating condition, equipment and machinery normal used for the
maintenance of the property, vehicles or vehicular parts.
12.10.5 All outside storage shall be fenced and where the area abuts a residential area all junk yards and auto
wrecking yards shall be totally enclosed by a sturdy fence built to a minimum height of 2.13 metres
Zoning Bylaw | BYLAW NO. 445/18
Page | 70
(7.0 ft.) and constructed of material suitable to conceal from view of the materials stored on the site.
No materials shall be stacked above the height of the fence.
12.10.6 All automobile parts, dismantled vehicles, storage drums and crates, stockpiled material, and similar
articles and materials shall be stored within a building or shall be suitably screened from public view.
12.11 DISCRETIONARY USE EVALUATION CRITERIA
12.11.1 All discretionary uses shall follow the general discretionary use evaluation criteria as outlined in
Section 5 and others that may be specified.
12.11.2 Specific discretionary use evaluation criteria for stockyards and auction marts:
a. Shall be located at least 300 metres (984.25 ft.) from all residential and community service
districts.
12.11.3 Specific discretionary use evaluation criteria for salvage yards and auto wrecker operations:
a. All salvage yards will be favourably considered where it can be demonstrated that it can be
totally hidden from the view of the travelling public, provincial highways, any public road and
adjacent residential development by utilizing any of the following measures:
i. Distance and careful location;
ii. Natural or planted vegetation;
iii. An earth berm;
iv. An opaque fence;
v. A building; or
vi. Other appropriate methods approved by Council.
12.11.4 Specific discretionary use evaluation criteria for oilfield equipment parking lot and staging area:
a. The designated truck access routes will not be primarily through residential areas.
12.11.5 Specific discretionary use evaluation criteria for bulk petroleum sales and storage, meat processing
plants/abattoirs, commercial greenhouses, fertilizer sales and storage, cement manufacturing, and
aggregate material storage or handling operations:
a. The location of the use will only be favourably considered where it can be demonstrated that
the use and intensity is appropriate to the site and that it will have a minimal impact on the
surrounding adjacent areas. Consideration may be given to:
i. Municipal servicing capacity;
ii. Anticipated levels of noise, odour, smoke, fumes, dust, lighting, glare, vibration and
other emissions emanating from the operation;
iii. Anticipated increased levels or types of vehicle traffic, unsafe conditions or situations
for vehicles, cyclists or pedestrians; and
iv. Utilization of hazardous substances.
b. The designated truck access routes will not be primarily through residential areas; and
c. Commercial greenhouses used for growing medical and recreational cannabis shall be compliant
with any provincial and federal regulations.
12.12 PERFORMANCE STANDARDS
12.12.1 An industrial operation including production, processing, cleaning, testing, repairing, storage or
distribution of any material shall conform to the following standards:
a. Noise - emit no noise of industrial production audible beyond the boundary of the lot on which
the operation takes place;
Zoning Bylaw | BYLAW NO. 445/18
Page | 71
b. Smoke - no process involving the use of solid fuel is permitted;
c. Dust or ash - no process involving the emission of dust, fly ash or other particulate matter is
permitted;
d. Odor - the emission of any odorous gas or other odorous matter is prohibited;
e. Toxic gases - the emission of any toxic gases or other toxic substances is prohibited;
f. Glare or heat - no industrial operation shall be carried out that would produce glare or heat
noticed beyond the property line of the lot;
g. External storage - external storage of goods or material is permitted if kept in a neat and orderly
manner or suitably enclosed by a fence or wall to the satisfaction of the authority having
jurisdiction. No storage shall be permitted in the front yard;
h. Industrial wastes - waste which does not conform to the standards established from time to
time by Town bylaws shall not be discharged into any Town sewers; and
i.
The onus of proving to Council's satisfaction that a proposed development does and will comply
with these requirements rests with the developer.
Zoning Bylaw | BYLAW NO. 445/18
Page | 72
SECTION 13: COMMUNITY SERVICE - CS
The purpose of the Community Service District (CS) is to provide areas for a wide range of community service
related activities including social, recreational, institutional, parks and public service.
No person shall, within any CS - Community Service District, use any land, or erect, alter or use any building or
structure except in accordance with the following provisions:
13.1 PERMITTED USES
13.1.1 Principle Uses
a. Elementary, high schools and other educational facilities;
b. Lodges, social clubs and service clubs;
c. Municipal offices, libraries, historic and cultural institutions, community halls;
d. Cemeteries;
e. Places of worship and assembly halls;
f. Daycare centres and pre-schools;
g. Health facilities and special care homes;
h. Recreational - sports fields, parks, playgrounds, curling rinks, skating rinks, tennis courts, lawn
bowling greens, swimming pools and other similar uses. More than one (1) recreational use may
be permitted per site;
i.
Golf courses;
j.
Natural open areas;
k. Community gardens;
l.
Pedestrian trails and bicycle pathways;
m. Skateboard parks or BMX bike-terrain;
n. Scenic lookout and interpretation facilities, rest stops and other public trail facilities;
o. Visitor information centres; and
p. Community facilities.
13.1.2 Accessory Uses
a. Buildings, structures or uses secondary or subordinate to, and located on the same site as, the
principle use, shall be considered accessory uses and, may include commercial uses.
13.1.3 Public Works and Municipal Facilities
a. Public works buildings and structures excluding storage yards, warehouses, drainage ditches,
culverts and other drainage works, and shall include water reservoirs, waste management sites,
and sewage treatment facilities.
13.2 DISCRETIONARY USES
The following uses may be permitted in the CS - Community Service District only by resolution of Council and
only in locations specified in such resolution of Council.
13.2.1 Principle Uses
a. Campgrounds (refer to Section 5.9).
13.3 SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site coverage.
Zoning Bylaw | BYLAW NO. 445/18
Page | 73
Elementary and Secondary
Schools
Skating, Curling Rinks,
Swimming Pools
Libraries, Places of
Worship, Daycare
Centres, Religious and
Cultural Institutions
Minimum site area
No minimum requirement
613.16 m² (6,600.0 ft2)
450.02 m² (4,844 ft2)
Minimum site frontage
60.05 metres (197.0 ft.)
20.12 metres (66.0 ft.)
14.94 metres (49.0 ft.)
Site coverage
75%
-
-
Minimum front yard
15.24 metres (50.0 ft.)
7.62 metres (25.0 ft.)
6.10 metres (20.0 ft.)
Minimum rear yard
7.62 metres (25.0 ft.)
7.62 metres (25.0 ft.)
6.10 metres (20.0 ft.)
except where the rear
site line abuts a
Residential District
without an intervening
street or lane, at least
7.62 metres (25.0 ft.)
shall be provided
Minimum side yard
7.62 metres (25.0 ft.)
1.5 metres (5 ft.) except
on a corner site abutting
a street in which case
3.6 metres (12 ft.) shall
be provided
50% of the height of the
building or 3.02 metres
(10.0 ft.), whichever is
greater
Height
No maximum
No maximum
14.94 metres (49.0 ft.)
All Other Uses
Minimum site area
No minimum or 450.02 m2 (4,844.0 ft2)
Minimum site frontage
No minimum
Minimum front yard
6.10 metres (20.0 ft.)
Minimum rear yard
6.10 metres (20.0 ft.)
Minimum side yard
50% of the height of the building or 3.02 metres (10.0 ft.), whichever is greater
13.4 ACCESSORY USES, BUILDINGS AND STRUCTURES
Maximum floor area
All accessory buildings shall not exceed 120 m² (1,291.7 ft²) in area
Minimum front yard
7.62 metres (25.0 ft.)
Minimum rear yard
All accessory buildings with a door or doors opening onto a lane shall not be
located less than 2.13 metres (7.0 ft.) from the site line abutting the lane
Minimum side yard
0.91 metres (3.0 ft.) unless the side site line is an abutting a street in which case
the side yard shall be 3.66 metres (12.0 ft.)
Minimum setback from
principle building
1.22 metres (4.0 ft.)
Maximum height
6.10 metres (20.0 ft.) from grade level to the underside of the eaves
Zoning Bylaw | BYLAW NO. 445/18
Page | 74
13.5 SIGNAGE
13.5.1 One (1) permanent sign is permitted per site. The facial area of a sign shall not exceed 3.99 m² (43.0 ft2).
13.5.2 Additional signs shall be approved at the discretion of Council.
13.5.3 Billboards are prohibited except for one (1) information sign for each building or use and those bearing
notices of special events and activities, or other information relating to a temporary condition affecting
the site and shall not exceed 1.02 m² (11.0 ft2) in size.
13.5.4 Temporary signs advertising product prices or sales, special events related to retail and service activities,
or advertising community or charity activities or events, are permitted.
13.6 PARKING
Off-street parking requirements shall be provided in accordance with the following:
Elementary school
1 parking space for each staff member
High school
1 parking space for each staff member, plus 1 parking space for every 10
students
Churches and places of
assembly
1 parking space for each 49.98 m² (538.0 ft2) of floor area
Special care homes
1 parking space for each bed
Institutional buildings,
private clubs and lodges
1 parking space for each 49.98 m² (538.0 ft2) of floor area
Recreational buildings,
sports facilities and fields
1 parking space for each of every ten patrons or seats
13.7 LANDSCAPING
13.7.1 A landscaped strip of not less than 3.05 metres (10.0 ft.) in width throughout, lying parallel and abutting
the front site line, shall be provided on every site.
13.7.2 On corner lots, in addition to the landscaping required in the front yard, the whole of any required side
yard abutting the flanking street shall be landscaped.
13.7.3 Where a site abuts any Residential District without an intervening lane, there shall be a strip of land
adjacent to the abutting site line of not less than 1.52 metres (5.0 ft.) in width throughout which shall
not be used for any purpose except landscaping.
Zoning Bylaw | BYLAW NO. 445/18
Page | 75
SECTION 14: FUTURE URBAN DEVELOPMENT - FUD
The purpose of the Future Urban Development District (FUD) is to limit development that may affect the future
growth of the Town by providing temporary and transitional uses and activities.
No person shall within any FUD - Future Urban Development District use any land, or erect, alter, or use any
building or structure except in accordance with the following provisions:
14.1
PERMITTED USES
14.1.1 Principle Uses
a. Agricultural crop production and buildings and structures customarily accessory to the use; and
b. Community gardens.
14.1.2 Accessory Uses
a. Uses, buildings and structures accessory to the principle building or use.
14.1.3 Public Works and Municipal Facilities
a. Community facilities; and
b. Public works buildings and structures including offices, warehouses, storage, yards and waste
management or sewage facilities.
14.2
DISCRETIONARY USES
The following uses may be permitted in the FUD - Future Urban Development District but only by resolution of
Council and only in locations specified in such resolution of Council.
14.2.1
Principle Uses
a. Recreational uses and sports grounds; and
b. Commercial greenhouses, market gardens and sod farms.
14.3
SITE DEVELOPMENT REGULATIONS
Public works shall no minimum or maximum site requirements.
Minimum site area
Existing, no subdivision
Minimum site frontage
Existing site frontages permitted
Maximum site coverage
10%
Minimum front yard
10.0 metres (32.8 ft.)
Minimum rear yard
10.0 metres (32.8 ft.) for dwellings and buildings accessory thereto except that
the minimum rear yard abutting a public street shall be 30.0 metres (98.4 ft.)
Minimum side yard
7.5 meters (24.6 ft.) for dwellings and buildings accessory thereto except that
the minimum side yard abutting a public street shall be 10.0 metres (32.8 ft.).
14.4
SIGNAGE
14.4.1
One (1) permanent sign is permitted per site. The facial area of a sign shall not exceed 1.02 m² (11.0
ft2).
14.4.2
In the case of a home occupation, an additional permanent sign is permitted.
14.4.3
Additional signs shall be approved at the discretion of Council.
14.4.4
No sign shall be located in any manner that may obstruct or jeopardize the safety of the public.
Zoning Bylaw | BYLAW NO. 445/18
Page | 76
14.4.5
Temporary signs not exceeding 1.02 m² (11.0 ft2) advertising the sale or lease of the property or other
information relating to a temporary condition affecting the property are permitted.
14.5
DISCRETIONARY USE EVALUATION CRITERIA
14.5.1
Council will consider the applications for discretionary uses with respect to the following criteria:
a. The infrastructure servicing capacity is available to service the development without excessive
impact on other uses being served by the system;
b. The proposed development will be consistent with any concept plans in force in the area and
will not be inconsistent with the future use and development plans of the Town of Stoughton
Official Community Plan; and
c. The development will not require the development of new streets and utility lines except as may
be provided for in existing plans under Town of Stoughton Official Community Plan and that the
proposal is not premature.
14.5.2
Where a development is proposed at a location at which standard connection to the Town's existing
sewer and water system is not feasible, the developer shall, at their own expense, provide suitable
water supply and sewage disposal facilities for that development acceptable to Council and meets the
Public Health Act and Regulations requirements.
Zoning Bylaw | BYLAW NO. 445/18
Page | 77
SECTION 15: FLOOD HAZARD OVERLAY - FH
The intent of the Flood Hazard Overlay (FH) area is to restrict development in areas that are considered
hazardous for development in order to minimize property damage due to flooding. The following regulations are
intended to apply supplementary standards for development in areas designated as flood hazard zones.
15.1 DEFINING THE BOUNDARY
15.1.1 For all proposed development in this cautionary area, the developer shall be required to contact
Saskatchewan Water Security Agency to determine the 1:500 year return frequency flood event and
necessary freeboard.
15.2 SITE REGULATIONS IN THE FLOOD HAZARD LAND AREAS
15.2.1 Development of new buildings and additions to buildings in the floodway of the 1:500 year flood
elevation of any watercourse or water body shall be prohibited.
15.2.2 If the development of new buildings or additions is approved in the flood fringe, flood-proofing to an
elevation of 0.5 metres (1.6 ft.) above the 1:500 year flood event will be required.
15.2.3 Placement of off-site fill in the flood fringe should be limited to that required for flood-proofing or flood
risk management, in order to minimize displacement.
15.2.4 For a proposed development located within the flood fringe, Council may require the developer to
undertake a flood study carried out by a qualified professional. The study shall determine the 1:500
flood elevation including the floodway and the flood fringe areas and any potential impacts and
mitigative measures of the proposed development.
15.2.5 "Hazardous Substances and Waste Dangerous Goods" are prohibited, as defined by the Hazardous
Substances and Waste Dangerous Goods Control Regulations of the Environmental Management and
Protection Act of Saskatchewan.
15.3 FLOOD PROOFING REGULATIONS
15.3.1 A development permit shall not be issued for any land use, erection, alternation or use of any building or
structure within the Flood Hazard Overlay area unless the site/development meets approved flood
proofing measures 0.5 metres (1.64 ft.) above the 1:500 flood design elevation.
15.3.2 Any existing buildings may be replaced or expanded subject to appropriate flood proofing measure
being provided.
15.3.3 For the purpose of this Bylaw, appropriate flood proofing measure shall mean:
a. That all buildings shall be designed to prevent structural damage by flood waters;
b. The first floor of all buildings 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.
Zoning Bylaw | BYLAW NO. 445/18
TOWN OF STOUGHTON ZONING DISTRICT MAP