Zoning Bylaw No. 03-2013

Waseca, Saskatchewan

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 0e5711b57d49 · verified 2026-06-13 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

2013 <!-- image --> <!-- image --> <!-- image --> ## Village of Waseca Zoning Bylaw 03-2013 <!-- image --> ## Table of Contents | 1. INTRODUCTION | 1. INTRODUCTION | 1. INTRODUCTION | |-----------------------------|-----------------------------------------------------------------------------|------------------------| | | 1.1 AUTHORITY | | | 1.2 | TITLE.. | | | 1.3 | PURPOSE | ... 5 | | 1.4 | SCOPE... | ... 5 | | 1.5 | SEVERABILITY | 5 | | 2. DEFINITIONS.. ... 6 | 2. DEFINITIONS.. ... 6 | 2. DEFINITIONS.. ... 6 | | 3. | ADMINISTRATION AND INTERPRETATION.. | .. 19 | | 3.1 | DEVELOPMENT OFFICER... | ..19 | | 3.2 | COUNCIL... | . 19 | | 3.3 | APPLICATION FOR A DEVELOPMENT PERMIT | .. 19 | | 3.4 | DEVELOPMENT NOT REQUIRING A PERMIT.. | ..20 | | 3.5 | INTERPRETATION | ..20 | | 3.6 | COMPREHENSIVE DEVELOPMENT REVIEWS.. | ...21 | | 3.7 | DEVELOPMENT PERMIT PROCEDURE. | ..21 | | 3.8 | DEVELOPMENT PERMIT: VALIDITY.. | ..22 | | 3.9 | DEVELOPMENT PERMIT APPLICATION FEES... | ..22 | | 3.10 | FEE FOR ZONING AMENDMENT APPLICATION | .. 23 | | 3.11 | CONCURRENT PROCESSING OF DEVELOPMENT PERMITS, BUILDING PERMITS AND BUSINESS | | | 3.11 | LICENSES. ...23 | LICENSES. ...23 | | 3.12 | REFERRAL UNDER THE PUBLIC HEALTH ACT.. | ..23 | | 3.13 | DEVELOPMENT APPEALS BOARD... | ..23 | | 3.14 | MINOR VARIANCES... | ..24 | | 3.15 | NON-CONFIRMING BUILDING USES AND SITES.. | ..25 | | 3.16 | DEVELOPMENT PERMIT - INVALID | ..25 | | 3.17 | CANCELLATION. | ..26 | | 3.18 | STOP WORK... | ..26 | | 3.19 | OFFENCES AND PENALTIES | .26 | | 3.20 | INSPECTION OF PREMISES ... | ..26 | | 3.21 | BYLAW COMPLIANCE.. | ..26 | | 3.22 | PERFORMANCE BONDS. | ...27 | | 3.23 | INSURANCE LIABILITY... | ...27 | | 3.24 | REGISTERING IN INTERESTS | ..27 | | 3.25 | MOVING OF BUILDINGS.... | ..27 | | 3.26 | DEMOLITION OF BUILDINGS.... | ...27 | | 3.27 | TEMPORARY DEVELOPMENT PERMITS | ..27 | | 3.28 | DEVELOPMENT AGREEMENTS... | ..28 | | | 3.29 SERVICING AGREEMENTS. | ...28 | | 4. GENERAL REGULATIONS .... | 4. GENERAL REGULATIONS .... | ..29 | | 4.1 | LICENSES, PERMITS, AND COMPLIANCE WITH OTHER BYLAWS AND LEGISLATION | ..29 | | 4.2 | PRINCIPAL USE ESTABLISHED.. | ..29 | |------------------------------------------------|------------------------------------------------------|--------| | 4.3 | MULTIPLE USES...... | ...29 | | 4.4 | USES PERMITTED IN ALL ZONING DISTRICTS.. | ..29 | | 4.5 | NUMBER OF PRINCIPAL BUILDINGS ON A SITE. | ..29 | | 4.6 | ACCESSORY BUILDINGS, USES AND STRUCTURES | ...30 | | 4.7 | FRONT YARD REDUCTION .... | ....30 | | 4.8 | FRONTAGE FOR IRREGULAR SITES. | ..30 | | 4.9 | PERMITTED YARD ENCROACHMENTS.. | ...30 | | 4.10 | RESTORATION TO A SAFE CONDITION | ..31 | | 4.11 | GRADING AND LEVELING OF SITES .. | ..31 | | 4.12 | RESTRICTION ON CHANGES .. | ..31 | | 4.13 | HEIGHT OF BUILDINGS | ...31 | | 4.14 | HERITAGE PROPERTIES... | ...31 | | | 4.15 SIGNAGE ON NATURAL AND HUMAN HERITAGE SITES | ..32 | | 4.16 | LANDSCAPE BUFFERS.. | ..32 | | 4.17 | PROHIBITED AND NOXIOUS USES... | ..32 | | 4.18 | CLOSINGS | ..32 | | 4.19 | SATELLITE DISHES.. | ...33 | | 4.20 | COMMUNICATION TOWERS.. | ..33 | | 4.21 | PRIVATE GARAGES, SUNROOMS, SOLARIUMS AND GREENHOUSES | ..33 | | 4.22 | TRAILERS, BOX CARS, SEA AND RAIL CONTAINERS | ...33 | | 4.23 | SWIMMING POOLS.. | ..33 | | 4.24 | DISPOSAL OF WASTES | ..34 | | | 4.25 SOLID AND LIQUID WASTE DISPOSAL FACILITIES... | ..34 | | 5. DISCRETIONARY USE STANDARDS FOR DEVELOPMENT | 5. DISCRETIONARY USE STANDARDS FOR DEVELOPMENT | ..35 | | 5.1 | HOME OCCUPATIONS.. | ..35 | | 5.2 | SECONDARY SUITES | ..36 | | 5.3 | MODULAR HOMES.. | ..36 | | 5.4 | BED AND BREAKFAST HOMES. | ..36 | | 5.5 | DAY CARE CENTRES AND PRE-SCHOOLS... | ...36 | | 5.6 | GARDEN (GRANNY) SUITES... | .37 | | 5.7 | RESIDENTIAL CARE HOMES | ..38 | | 5.8 | CAMPGROUNDS. | ..38 | | 5.9 | WIND ENERGY FACILITIES | ..39 | | 6. ZONING DISTRICTS AND ZONING MAPS. | 6. ZONING DISTRICTS AND ZONING MAPS. | ..41 | | 6.1 | ZONING DISTRICTS | ..41 | | 6.2 | THE ZONING DISTRICT MAP...... | ..41 | | 6.3 | BOUNDARIES OF ZONING DISTRICTS | ..41 | | 6.4 | HOLDING DESIGNATION | .41 | | 7. RESIDENTIAL DISTRICT - R1 | 7. RESIDENTIAL DISTRICT - R1 | ..42 | | 7.1 | PERMITTED USES.. | ..42 | | 7.2 | DISCRETIONARY USES | ..42 | ·2° | 7.3 | SITE DEVELOPMENT REGULATIONS. | .. 42 | |---------------------------------------------------|---------------------------------------------------|---------| | 7.4 | DEVELOPMENT STANDARDS FOR MOBILE HOMES .. | .43 | | 7.5 | ACCESSORY BUILDINGS AND STRUCTURES.. | ..44 | | 7.6 | FENCE AND HEDGE HEIGHT .. | ...45 | | 7.7 | SIGNAGE. | ..45 | | 7.8 | OUTSIDE STORAGE. | ... 45 | | 8. VILLAGE CENTRE COMMERCIAL DISTRICT - C1 | 8. VILLAGE CENTRE COMMERCIAL DISTRICT - C1 | ..46 | | 8.1 | PERMITTED USES... | .46 | | 8.2 | DISCRETIONARY USES | ..46 | | 8.3 | SITE DEVELOPMENT REGULATIONS | ..46 | | 8.4 | ACCESSORY BUILDINGS.. | ..47 | | 8.5 | SIGNAGE. | ..47 | | 8.6 | PARKING.. | ...47 | | 8.7 | LANDSCAPING... | .. 47 | | 8.8 | SUPPLEMENTARY REGULATIONS .... | .48 | | 9. HIGHWAY COMMERCIAL/INDUSTRIAL DISTRICT - C2... | 9. HIGHWAY COMMERCIAL/INDUSTRIAL DISTRICT - C2... | ...49 | | 9.1 | PERMITTED USES.. | ..49 | | 9.2 | DISCRETIONARY USES ... | 49 | | 9.3 | SITE DEVELOPMENT REGULATIONS. | 50 | | 9.4 | ACCESSORY BUILDINGS | 50 | | 9.5 | FENCE AND HEDGE HEIGHT | 50 | | 9.6 | LANDSCAPING | 51 | | 9.7 | PARKING REQUIREMENTS.. | 51 | | 9.8 | LOADING REQUIREMENTS | 51 | | 9.9 | SIGNAGE.. | 51 | | 9.10 | OUTSIDE STORAGE | 52 | | 9.11 | SUPPLEMENTARY REGULATIONS.... | 52 | | 9.12 | PERFORMANCE STANDARDS.. | 53 | | 10. MIXED USE DISTRICT - MU.. | 10. MIXED USE DISTRICT - MU.. | 54 | | 10.1 | PERMITTED USES... | . 54 | | 10.2 | DISCRETIONARY USES | 54 | | 10.3 | PROHIBITED USES. | 54 | | 10.4 | SITE DEVELOPMENT REGULATIONS. | 55 | | 10.5 | DWELLING UNITS. | 55 | | 10.6 | LIVE/WORK UNITS | 55 | | 10.7 | ACCESSORY BUILDINGS | 56 | | 10.8 | SIGNAGE... | 56 | | 11. COMMUNITY SERVICE DISTRICT - CS.... | 11. COMMUNITY SERVICE DISTRICT - CS.... | 57 | | 11.1 | PERMITTED USES. | 57 | | 11.2 | DISCRETIONARY USES | 57 | | 11.3 | SITE DEVELOPMENT REGULATIONS. | 58 | | 11.4 | SIGNAGE | 58 | | | | 11.5 PARKING. ... 59 | |--------------------------------------------------------|--------------------------------------------------------|--------------------------------------------------------| | | | 11.6 LANDSCAPING ... ..59 | | | 12. FUTURE URBAN DEVELOPMENT DISTRICT - FUD ..60 | 12. FUTURE URBAN DEVELOPMENT DISTRICT - FUD ..60 | | | | 12.1 PERMITTED USES. ... 60 | | | | 12.2 DISCRETIONARY REGULATIONS ..... .. 60 | | | | 12.3 SITE DEVELOPMENT REGULATIONS ..60 | | | | 12.4 SIGNAGE. .. 61 | | | 13. ADOPTION AND MINISTERIAL APPROVAL.. .... 62 | 13. ADOPTION AND MINISTERIAL APPROVAL.. .... 62 | | APPENDIX "A" - APPLICATION FOR DEVELOPMENT PERMIT ..63 | APPENDIX "A" - APPLICATION FOR DEVELOPMENT PERMIT ..63 | APPENDIX "A" - APPLICATION FOR DEVELOPMENT PERMIT ..63 | ... 67 ## 1. INTRODUCTION ## 1.1 AUTHORITY Under the authority granted by The Planning and Development Act, 2007, the Mayor and Council of the Village of Waseca in the Province of Saskatchewan, in open meeting, hereby enact as follows: ## 1.2 TITLE This Bylaw shall be known and may be cited as the "Zoning Bylaw" of the Village of Waseca. ## 1.3 PURPOSE - 1.3.1 The purpose of this Bylaw is to regulate development and to control the use of land in the Village of Waseca in accordance with the Village of Waseca Official Community Plan (OCP) Bylaw 02-2013. - 1.3.2 The intent of this Zoning Bylaw is to provide for the amenity of the area within the Village of Waseca (hereinafter referred to as the Village) and for the health, safety, and general welfare of the inhabitants of Waseca and area: To minimize land use conflicts; - a) To establish minimum standards to maintain the amenity of the Village; - c) To restrict development that places undue demand on the Village for services; and - b) To ensure development is consistent with the physical limitations of the land; - d) To provide for land-use and development that is consistent with the goals and objectives of the Village. ## 1.4 SCOPE This Bylaw applies to all land included within the boundaries of the Village of Waseca. All development within the limits of the Village of Waseca shall hereafter conform to the provisions of this Bylaw. ## 1.5 SEVERABILITY A decision of a Court that one or more of the provisions of this Bylaw are invalid in whole or in part does not affect the validity, effectiveness, or enforceability of the other provisions or parts of the provisions of this Bylaw. ## 2. DEFINITIONS Whenever the subsequent words or terms are used in the Waseca Official Community Plan, Bylaw No. 02-2013 and this Bylaw, 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 meats, refrigerate, cure and manufacture byproducts. Accessory: A building or use that: - a) Is subordinate to and serves the principal building or principal use; - b) Is subordinate in area, mass, extent, and purpose to the principal building or principal use served; - c) Contributes to the comfort, convenience, or necessity of occupants of the principal building or assists the principal use; - d) And Is located on the same site as the principal building or use Act: The Planning and Development Act 2007, Province of Saskatchewan, as amended from time to time. Adjacent: Contiguous or would be contiguous if not for a river, stream, railway, road or utility right-or-way or reserve land; and any other land identified in this Bylaw as adjacent land for the purpose of notification. Administrator: The Administrator of the Village of Waseca. Aggregate Resource: Mineral materials including sand, gravel, clay, earth or mineralized rock, including recycled concrete. Agricultural: A use of land, buildings or structures for the purpose of animal husbandry, fallow, field crops, forestry, market gardening, pasturage, private greenhouses and includes the growing, packing, treating, storing and sale of produce produced on the premises and other similar uses customarily carried on in the field of general agriculture. Alteration or Altered: With reference to a building, structure or site means a change from one major occupancy class or division to another, or a structural change such as an addition to the area or height, or the removal or part of a building, or any change to the structure such as the construction of, cutting into or removal of any wall, partition, column, beam, joist, floor or other support, or a change to or closing of any required means of egress or a change to the fixtures, equipment, cladding, trim, or any other items regulated by this Bylaw such as parking and landscaping. Animal Clinic: A building or part thereof used by a qualified veterinarian for the treatment of animal health needs where animals are not kept on the premises for surgery or kept overnight. Animal Hospital: The premises of a veterinary surgeon where small, large domestic animals and livestock are treated or kept involving surgery and the keeping of animals in outdoor or indoor pens. (Animal) Veterinary Clinics: 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. Applicant: A developer or person applying for a Development Permit under this Bylaw or for a subdivision approval to an approving authority under The Planning and Development Act, 2007. Attic: That portion of a building situated wholly or in part within the roof and which is less than one-half story. Auto Wrecker: An area where motor vehicles as disassembled, dismantled or junked, or where vehicles not in operable condition, or used parts of motor vehicles, are stored or sold to the general public. Awning: A structure that is mechanical and fabricated from plastic, canvas or metal that is spread across a frame designed to be attached to a wall and hung above a doorway or window. B Basement: That portion of a building that is partly or wholly underground. Bed and Breakfast: A dwelling unit, licensed as a tourist home under The Tourist Accommodation Regulations, 1969, in which overnight accommodation within the dwelling unit, along with one meal served before noon, is provided to the travelling public for a charge. Billboard: A private free standing sign, including supporting structure, which advertises goods, products, services, organizations, of facilities that are available from, located on, or refer to, a site other than the site on which the sign is located. Buffer: A strip of land, vegetation or land use that physically separates two or more different land uses. Building: A structure constructed on, in, or over land and used for the shelter or accommodation of persons, animals, goods, or chattels, and includes any structure covered by a roof supported by walls or columns. Building, Accessory: (see Accessory ) Building Bylaw: A Bylaw of the Village of Waseca 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. If a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge for a gable, hip or gambrel roof. [Refer to Figure 1.0] Figure 1: Building Height Interpretation <!-- image --> Building Permit: A permit, issued under The Building Bylaw of the Village of Waseca, authorizing the construction of, or the addition to, any building but does not include a Development Permit. Building, Principal: A building in which is conducted the main or primary use of the site on which said building is situated. Building Line, Established: The average distance from the street line to the main wall of existing buildings on any side of any block where more than half the frontage of the block has been built on. Bulk Fuel Sales and Storage: includes land, buildings, and structure for the storage and distribution of fuels and oils including retail sales or key-lock operation. Business Support Services: Activities intended to provide administrative, promotional or technical support for commercial and industrial activities. Bylaw: The Village of Waseca 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, but not including the use of mobile homes or trailers on a permanent year-round basis. Cardlock Operation: A petroleum dispensing outlet without full-time attendants Carport: A building or structure or part thereof, where at least 40% of the area of the perimeter is open and unobstructed by a wall, door, post or pier and which is used for the parking or storage of motor vehicles. Cemetery: A cemetery or columbarium within the meaning of The Cemeteries Act Chapter C-4, R.S.S. 1981, as amended from time to time. Club: A group of people organized for a common purpose, to pursue common goals, interest or activities, and usually characterized by certain membership qualifications, payment of dues or fees, regular meetings, and a constitution and bylaws. Commercial Use: The use of land, building(s), or structure(s) for the purpose of buying and selling commodities, and supplying professional and personal services for compensation. Community Facilities: Buildings or facilities used for recreational, social, educational or cultural activities and that are owned by a municipal corporation, non-profit corporation or other non- profit organization. Compost: Materials used in gardening, agriculture, landscaping, erosion control, wetland construction, and landfill cover. Condominium: Land, buildings, and units, including private and common property as defined under The Condominium Property Act. Conservation: The planning, management and implementation of an activity with the objective of protecting the essential physical, chemical and biological characteristics of the environment. Construction Trades: offices, shops and warehouses, with or without retail sales for trades associated with construction of buildings. Contractors Yard: The yard of a contractor or company, including landscaping materials used as a depot for the storage and maintenance of equipment used by the contractor or company, and includes facilities for the administration or management of the business and the stockpiling or storage of supplies used in the business. Convenience Store: A store offering for sale primarily food products, beverages, personal care items, hardware and printed matter and which primarily provides a convenient day-today service to residents in the vicinity. Council: The Council of the Village of Waseca. ## D Day Care Centre: An establishment providing for the care, supervision and protection of children (or adults) but does not include the provision or overnight supervision. Deck: Any raised floor structure at least 0.3 meters above the average ground level upon which it is constructed, either adjacent to a building or free-standing with stairway, ramp, or similar access. Development: The carrying out of any building, engineering, mining, or operations in, on, or over land, or making of any material change in the use or intensity of use of any building, or land, and shall include, but not be limited to, excavating, filling, grading or drainage of land. Development Officer: An employee of The Village appointed by the Administrator to act as a Development Officer to administer this Bylaw. Demolition Permit: A permit issued for the removal or dismantling of a building or structure with the Village's boundaries as prescribed under Section 13 of The Uniform Building and Accessibility Standards Act. Development Permit: A document issued by the Council of the Village of Waseca that authorizes development pursuant to this Bylaw, but 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. Dwelling: A building or part of a building intended for residential occupancy. Dwelling Unit: One or more habitable rooms used, or fully capable of being used as a residence, where each unit provides sleeping, cooking, and toilet facilities. Dwelling, Duplex: A building divided that is divided into two 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 lot or site, built as one development. Dwelling, Multiple Unit: A building containing three or more dwelling units and shall include condominiums, townhouses, row houses, and apartments as distinct from a rooming house, hotel, or motel. Dwelling, Semi-Detached: A building divided vertically into two (2) dwelling units by a common wall extending from the base of the foundation to the roofline. Dwelling, Single-Detached: A building containing only one dwelling unit, and shall not include a mobile home as herein defined. Dwelling, Town House: A dwelling, designed as one cohesive building in terms of architectural design, which contains three (3) or more similar attached dwelling units each of which fronts on a street, has direct access to the outside at grade and is not wholly or partly above another dwelling. ## E Educational Institution: An establishment dedicated for the purpose of providing education and instruction in any branch of knowledge. Existing: In place, or taking place, or with all approvals and permits in place on the date of the adoption of this Bylaw. ## F Farm Building/Yard: Improvements such as barns, granaries, etc. used in connection with the growing and sale of trees, shrubs and sod or the raising or production of crops, livestock or poultry, fur production, bee keeping and situated on a parcel of land used for the farm operation. Fence: a structure used to enclose or screen areas of land. Fill (Clean Fill): Soil, rock, rubble, or other Village-approved, non-regulated waste that is transported and placed on the existing, usually natural, ground surface. 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. Floor Area: The maximum area contained within the outside walls of a building, excluding in the case of a dwelling, any private garage, porch, veranda, open deck, unfinished attic, or unfinished basement or cellar and in a commercial or industrial building, any utility room. Future Land Use Plan: A comprehensive document compiled by a local government that identifies goals and strategies for future development or preservation of land. Future Land Use Map: In its projections, the map specifies certain areas for residential growth and others for agriculture, industry, commercial, community services and conservation. The map for Waseca is attached as an Appendix "A "in the Waseca Official Community Plan. Frontage (Lot Frontage): The distance across the street side of a lot (a lot must front on a street), between the points where the side lines of the lot meet the street right of way or boulevard; or, where a lot is irregular in shape and is narrowest at the front street end, the width of the lot shall be measured parallel to the street line at the centre of the front lot line, and at a setback from the front lot line no greater than the minimum permitted building setback. ## 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 but does not include car washing establishments, an auto sales lot or an automobile service station. Garden (Granny) Suite: A second, small, dwelling on the site of a primary, single-family dwelling that accommodates one or two family members of the owner/occupants of the primary residence and is intended to allow the family to live independently but with the support nearby of the extended family. Gas Bar: A building or place where fuel and automotive fluids are sold and may be added to a vehicle on the property, and which may have a convenience store and/or restaurant. Grade: The average elevation of the natural ground level at the walls of a building or structure as determined by the elevation of the four outside corners of the building. Greenhouse, Commercial: A building for the growing of flowers, plants, shrubs, trees and similar vegetation that are not necessarily transplanted outdoors on the same site, but are sold directly at wholesale or retail from the site. Greenhouse, Private: A building for the growing of flowers, plant, shrubs, trees and similar vegetation that are transplanted outdoors on the same site containing such greenhouse(s), and where greenhouse products may not be offered for sale. Greenways: A linear park which may accommodate pathways principally for foot traffic and/or bicycles. Typically, greenways are planned along creeks or streams and managed as natural environments, or bikeways along landscaped roads. ## H Hazardous Industry/Substance: A substance that, because of its quality, concentration or physical, chemical or infectious characteristics, either individually or in combination with other substances on the site is an existing or potential threat to the physical environment, to human health or other living organisms. Hazard(ous) Land: Land having inherent environmental hazards; land subject to flooding, earth movement, or slope instability, land with poor natural drainage, ground water seepage, erosion, steep slopes, rock formations, or other similar features. Health Service Facility (Health Clinic): A building or part thereof used by qualified health service practitioners for the treatment of human health needs. Heritage Resource: The history, culture and historical resources of an area and its residents. Highway Commercial: Commercial activities normally located along highways, major roadways and in other locations considered strategic by the type of business involved serving the needs of local residents and the traveling public. Highway Sign Corridor: A strip of land parallel and adjacent to a provincial highway, where private signs may be permitted to advertise goods and services of local area businesses and attractions, as provided by regulations of the Department of Highways entitled "The Erection of Signs Adjacent to Provincial Highway Regulations, 1986, " as may be amended from time to time. Home Occupation (Home Based Business): An occupation, trade, profession, or craft customarily conducted for gain in a dwelling unit or accessory building by the resident or residents, which is clearly incidental and secondary to the principal use of the site and which does not create or become a public nuisance as a result of noise, traffic, pollution, or parking. Home occupations shall not occupy more than 25% of the total finished floor area of a dwelling unit in any Residential District. Hotel: A building or structure or part of a building or structure in which sleeping accommodation with or without meals is provided for tourists or travelers, and where a guest register or record is kept, but does not include a motel or rooming house. Industrial Use: The use of land, buildings or structures for the manufacturing, assembling, processing, fabrication, warehousing or storage of goods and materials. Industrial Park: An area of land set aside for industrial development, usually located close to transport facilities, especially where more than transport mode coincides, ie. highways, railroads, airports. Infill Development: Re-development within existing areas or neighborhoods. Institutional Use: The use of land, buildings, or structures for religious, charitable, educational, health or welfare purposes and includes churches, public or private schools, nursery schools, hospitals, and special care. ## K Kennel, Boarding: The temporary accommodation of more than four dogs, cats or other domestic animals for commercial purposes. Kennel, Breeding: The keeping of domestic animals, male and female, and which are more than 12 months old, for breeding purposes. Kennel, Enclosure: An accessory building or enclosure intended to house one of more domestic animals. ## L Landfill: A specially engineered site for disposing of solid waste on land, constructed so that it will reduce hazard to public health and safety. Landscaped Area: An area not built upon and not used for any purpose other than as an open space that may include grass, shrubs, flowers, trees, and similar types of vegetation and may contain paths, walks, patios, fences and similar outdoor amenities, but does not include parking areas, parking lots, driveways or ramps. Land Use Zoning District: Divisions identified in the Zoning Bylaw establishing permitted and discretionary uses of land or buildings with attendant regulations. Lane: A secondary public thoroughfare intended primarily to give access to the rear or side of the abutting property. Livestock: Domesticated animals used primarily as beasts of burden or for the production of fur, hides, meat, milk, eggs or other product, or as breeding stock, but excluding companion animals. Live/Work: A dwelling unit, part of which may be used as a business establishment, where the dwelling unit is the principal residence of the business operator. Loading Space: a space, measuring at least 2.5 meters in width and 8.4 meters in depth, located on a lot, and having access to a street or lane, in which a vehicle may park to load or unload. Lot (see Site): An area of land with fixed boundaries on record with the Information Services Corporation (ISC) by Certificate of Title. For the purposes of this Bylaw the terms "lot" and "site" shall be deemed not to mean the same. Lounge: A room or area adjoining a restaurant set aside for the sale of beverage alcohol for consumption on the premises, with or without food, and where no area has been set aside for dancing or entertainment, either in the lounge or in the adjoining restaurant. The area of a lounge may not exceed 50% or the public assembly area in the adjoining restaurant. ## 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 components parts, the manufacturing of products and the blending of materials. Marquee: A roof-like structure of a permanent nature which projects from the wall of a building that is independently supported by a system of columns or piers without walls over an entrance to a building. Mayor: The Mayor of the Village of Waseca. Minister: The member of the Executive Council to whom for the time being is assigned the administration of The Planning and Development Act, 2007. Mobile Home: A trailer coach that may be used as a dwelling all year round; has water faucets and shower or other bathing facilities that may be connected to a water distribution system; has facilities for washing and a water closet or other similar facility that may be connected to a sewage system; and that conforms to the Canadian Standards Association Standard # Z240. Mobile Home Park: A site under single management for the placement of two or more mobile homes and shall include all accessory buildings necessary to the operation but does not include an industrial or construction camp or tourist campsite. For the purpose of this Bylaw the terms 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 that is intended to be occupied by one mobile home and for exclusive use of its occupants with access to a driveway or a public street. Mobile or Mobile Home Subdivision: Any subdivision of land and the development thereof for the purpose of accommodating mobile or modular homes in such a manner that each home is situated on its own site, which shall contain a minimum site area of 465 m 2 and in which all such sites, public open spaces, internal streets and lanes, buffer zones and other amenity areas form a contiguous area of development. Modular (Manufactured) Home: A residential dwelling that is constructed off site in a yard or factory, in one or more sections, transported to a site for permanent installation on a permanent foundation (may have a basement), having architectural features similar to permanent residential dwellings built on site in the Village and conforming to Canadian Standards Association (CSA) Standard A277. Motel or Motor Hotel: A building or buildings consisting of a number of individual rental units, intended for the use of the traveling public, each containing at least a bedroom and bathroom, and each having convenient access to a parking space for the use of the occupants of the units and may or may not provide food service. Municipality: The Village of Waseca. Municipal Reserve: Dedicated lands that are provided to a municipality for public use, or that were dedicated as public reserve and transferred to a Municipality pursuant to of The Planning and Development Act, 2007. Museum: An institution that is established for the purpose of acquiring, conserving, studying, interpreting, assembling and exhibiting to the public for its instruction and enjoyment, a collection or artifacts of historical interest. ## N Natural Areas: An area relatively undisturbed by human activities and characterized by indigenous species including remnant or selfsustaining areas with native vegetation, water, or natural features. Non-Conforming Use: Any use of land, building or structure lawfully existing or under construction where permits have been issued at the time of the passing of this Bylaw, the use of which does not comply with all the regulations of this Bylaw governing the Zoning District in which it is located. Noxious Use or Condition: Any use or facility that causes or produces harmful or hazardous noise, vapours, smoke, dust (particles suspended in or transported by air), vibrations, electrical or electromagnetic fields, glare, or light. ## 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. Open Space: Passive and structure leisure and recreation areas that enhance the aesthetic quality and conserve the environment of the community, including parks, recreation and tourism nodes, and natural areas. ## P Parking Lot: An open area, other than a street, used for the temporary parking of more than four vehicles and available for public or private use. Parking Space: A space within a building or parking lot for the parking of one (1) motor vehicle including convenient access to a public lane or street and shall be not less than 3.0 meters wide and 5.5 meters in length. Pasture: A site that is used for the raising and feeding of livestock by grazing. Patio: Any hard surface or floor structure less than 0.3 meters above the average ground level upon which it is constructed. Permitted Use: The use of land, buildings, or other structures that shall be permitted in a Zoning District where all requirements of this Zoning Bylaw are met. Person: A "person" shall apply to an individual, association, firm, partnership, corporation, trust, or agent, and their heirs, executors, or other legal representatives of a person to whom the same can apply according to the law. Personal Service Trades: A building or part of a building in which persons are employed in furnishing services and administering to customer's personal and or grooming needs, but does not include the provision of health related services. Places of Worship: A building set aside by any religious organization for public worship. Typical uses include churches, chapels, mosques, temples, synagogues and parish halls. Pond: Any constructed containment of water for the purpose of landscape enhancement, keeping ornamental fish or aquatic plants, or for other similar purposes, but not a swimming pool. Principal Use: The main or primary activity, for which a site or its buildings are designed, 13° arranged, developed or intended, or for which is occupied or maintained. Public Work: : A facility as defined under The Planning and Development Act, 2007 including a system, work, plant, equipment, or service, whether owned or operated by the Municipality, or by a corporation under Federal or Provincial statute, that furnishes any of the following services and facilities to, or for the use of, the inhabitants of the Village of Waseca: - 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. ## 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 1.0m'. Recreational Use: The use of land for parks, playgrounds, tennis courts, lawn bowling greens, indoor and outdoor skating rinks and curling rinks, athletic fields, golf courses, picnic areas, swimming pools, day camps, community centres and all similar uses, together with the necessary and accessory building sand structures; but does not include the racing of animals or motorized vehicles. Recycling and Collection Depot (Community): A building or structure intended to accommodate the collection, sorting, processing and temporary storage of recyclable household materials such as bottles, cans, plastic containers, paper and paint that would otherwise be considered waste. These types of uses do not include any outdoor processing or storage. ## 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) Residential Care Home: A licensed or approved group care home governed by Provincial regulations that provide, in a residential setting, 24 hour care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. Residential Use: The use of land, buildings, or structures for human habitation. Restaurant: A building or part of a building wherein food is prepared and offered for sale to the public primarily for consumption within the building. Limited facilities may be permitted to provide for a take-out food function provided that such a facility is clearly secondary to the primary restaurant use. Retail Store (Shop): A building or part thereof, or a place, where goods, wares, merchandise, substances, or articles are offered or kept for sale or rent, and may include servicing and the manufacture of products on site for sale on the site so long as the gross floor area used for manufacturing does not exceed 25% of the gross floor area of the retail store. Right-Of-Way: The land set aside for use as a roadway or utility corridor. Rights of way are purchased prior to the construction of a new road or utility line, and usually enough extra land is purchased for the purpose of providing mitigative features. Sometimes road rights of way are left vacant after the initial roadway facility is constructed to allow for future expansion. Rooming House: A building which contains a room or rooms for accommodation other than a dwelling unit or other form of accommodation defined elsewhere in this Bylaw, with sleeping facilities but without private toilet facilities. RTM (Ready to Move) Home: A residential dwelling that is constructed off-site in a yard or factory to The National Building Code and transported as a single unit to a site for permanent installation on a permanent foundation including a basement. ## S 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 School: An educational facility under the jurisdiction of a Board of Education, a college, university, or any other school established and maintained either wholly or partially at public expense, whether or not the same is a boarding school and includes any dormitory building accessory to such school. Secondary Suite: a self-contained dwelling unit which is an accessory use to, and located within, a detached building in which the principal use is a one unit dwelling. Sign, Projecting: A sign which is wholly or partially dependent upon a buildings for support and which projects more than 0.5 meters from such building. Sign, Temporary: A sign which is not permanently installed or affixed in position, advertising a product or activity on a limited basis. Site: An area of land, consisting of one or more lots consolidated under a single certificate of title, considered as a unit devoted to a certain use or occupied by a building or a permitted group of buildings, and the customary accessories and open spaces belonging to the same. Site Area: The total horizontal area within the site lines of a site. Site, Corner: A site at the intersection of two or more public streets, or upon two parts of the same street, the adjacent sides of which street or streets (or, in the case of a curved corner, the tangents at the street extremities of the side site lines) contain an angle of not more than one hundred and thirty-five (135) degrees. In the case of a curved corner, the corner of the site shall be that point on the street at the point of intersection of the said tangents. Site Coverage: The percentage of the site area covered by all the buildings 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 the site depth is the length of a line joining the midpoint of such site lines. Site, Through: A site other than a corner site, having separate frontages on two streets. The front site line of a through site shall be determined by predetermined building lines. Site, Width: The horizontal distance between the side boundaries of the site measured at a distance from the front lot line equal to the minimum front yard required for the district in which the site is located. Site Line: Any boundary of a site. Site Line, Front: The line separating the site from the street; for a corner site, the shorter line abutting a street; but in the case of a corner site with two street lines of equal length, the front site line shall be designated by predetermined building lines. Site Line, Rear: The site line at the rear of the site, opposite the front site line. Site Line, Side: A site line other than a front or rear site line. Site Plan: A plan showing the location of existing and proposed buildings on a site in relationship to the site lines. ## Special Care Facility (Home): An institutionalized nursing home, supervisory care home, sheltered care home or other facility used for the purpose of providing supervisory care, personal care, and nursing care. Special Needs Housing: Multiple unit dwellings or dwelling groups operated by a non-profit corporation or public authority and used exclusively for the domestic habitation of senior citizens, disabled persons, occupants of subsidized housing, or the cohabitant spouse and children of persons noted above. Storey: That portion of a building, other than an attic or basement, between the upper surface of any floor and the upper surface of the floor next above. Storey, One-Half: That portion of a building situated wholly or in part within the roof and in which there is sufficient space to provide a height between finished floor and finished ceiling of between 1.5 meters and 2.3 meters over a floor area which is not less than onethird nor more than two-thirds of the floor area of the story next below. Stakeholders: Individuals, groups or organizations who have a specific interest or "stake" in a particular need, issue situation or project and may include members of the local community residents, community groups or local, provincial and federal governments. Strip Mall(Mini Mall): a building of not more than 600 m2 in gross floor area in which not more than six (6) of the permitted or discretionary uses of the zoning district are located together for their mutual benefit. 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). Structural Alteration: The construction or reconstruction of supporting elements of a building or other structure. Structure: Anything that is built, constructed or erected that is located on the ground or attached to something located on, or in the ground Subdivision: A division of land, and includes a division of a quarter section into legal subdivision as described in the regulations made pursuant to The Land Surveys Act, 2000. Swimming Pool: Any body of water permanently located outdoors or indoors, contained by artificial means and used and maintained for the purpose of swimming, wading, or diving and having a depth of 0.6 meters or more at any point. ## T Tavern: an establishment, or portion thereof, where the primary business is the sale of beverage alcohol for consumption on the premises, with or without food, and where no live entertainment or dance floor is permitted. (Tele)communication Facility: A structure situated on a non-residential site that is intended for transmitting or receiving television, radio or cellular communications, excluding those used exclusively for dispatch communications. Tourist Campground: An area of land, managed as a unit, providing short-term accommodation for tents, camping trailers, motor homes and campers, including accessory facilities such as administration offices and laundry faculties. Village: The Village of Waseca. Village Administrator: The Administrator of the Village of Waseca. Trailer (Camping), Motor Trailer Coach: Any vehicle designed, constructed or reconstructed in such a manner as will permit occupancy as a dwelling or sleeping place for one or more persons, notwithstanding that its running gear is removed or jacked up, is used or constructed in such a way as to enable it to be used as a conveyance upon public streets or highways, and includes self-propelled and non-selfpropelled vehicles. Trucking Firm Establishment: The use of land, buildings or structures for the purpose of storing, servicing, repairing, or loading trucks, transport trailers and/or buses, but does not include an automobile service station, transportation sales or rental outlets. ## U Use: The activity or purpose for which any land, building, structure, or premises, or part thereof is arranged, designed, or intended, occupied, or maintained. Used For: Includes "arranged for", "designed for", "intended for", "maintained for", and "occupied for". Utility Shed: An accessory building or structure used for the storage of goods with a maximum floor area of 9.3m'. ## W Warehouse: A building used for the storage and distribution of wholesale goods and materials. Waseca Official Community Plan (OCP): The Official Community Plan for the Village of Waseca. Waste Disposal Facility, Liquid: A facility to accommodate any waste which contains animal, mineral or vegetable matter in solution or suspension, but does not include a septic system for a single residence or farmstead, or a manure storage area for an intensive livestock operation. Waste Disposal Facility, Solid: A facility or a temporary storage facility, to accommodate discarded materials, substances or objects which originated from residential, commercial, institutional and industrial sources which are disposed of in municipal or private landfills, but not including dangerous goods, hazardous waste or biomedical waste. Wind Energy Conversion System: A system composed of a wind turbine, tower and associated control electronics with a capacity of less than 100 kW for non-residential use or 10 kW for residential use. It will be considered an accessory use and is intended to provide on-site power for a principal use. Wind Energy Conversion System, Private Use: Means a system consisting of a wind turbine, tower, and associated control or conversion electronics for the purpose of providing electrical power to a lawful principal use. A system having a rated capacity of 10 kilowatts (kW) or less for residential use or 100 kW or less for non-residential uses shall be considered a private use system for the purposes of the regulations. These systems are considered accessory uses in all zoning districts. Wind Turbine: The individual component of a Wind Energy Conversion System that converts kinetic energy from the wind into electrical energy, independent of the electrical conductors, electrical storage system, electrical metering, or electrical inverters. Wind Turbine, Electrical: An individual component of a Wind Energy Conversion System which converts kinetic wind energy to electrical energy through electric currents. Wind Turbine, Mechanical: An individual component of a Wind Energy Conversion System which converts kinetic wind energy to mechanical energy through motion. Work Camp: A temporary Industrial or Construction camp established for the purpose of providing accommodation for employees. ## Y Yard: Open, uncovered space open to the sky on the same site with a building or structure. Yard, Front: The area between the side site lines and the front site line to the front building line. Yard, Rear: The area between the side site lines and the front site line to the rear building line (corner and interior). Yard, Required: The minimum yard required by a provision of this Bylaw and within which, unless specifically permitted, no building or structure, or part of a building or structure shall be erected. Yard, Side: The area between the front and rear yards and between the side site line and the side building line. ## ADMINISTRATION AND INTERPRETATION ## 3.1 DEVELOPMENT OFFICER - 3.1.1 The Village Administrator of the Village of Waseca shall be the Development Officer responsible for the administration of this Bylaw and in their absence by such other employee of the Municipality as the Council designates from time to time. ## 3.1.2 The Development Officer shall: - a) Receive, record, and review development permit applications and issue decisions in consultation with Council, particularly those decisions involving subdivision, discretionary uses, development permit conditions, and development and servicing agreements; - b) Maintain, for inspection by the public during office hours, a copy of this Bylaw, zoning maps and amendments, and ensure that copies are available to the public at a reasonable cost; 3. 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 Village; - e) Perform other duties as determined by Council. 6. 3.1.3 The Development Officer shall be empowered to make a decision, in consultation with Council, regarding a Development Permit application for a "Permitted use." ## 3.2 COUNCIL - 3.2.1 Council shall make all decisions regarding Discretionary uses, Development and Servicing Agreements, and Zoning Bylaw amendments. - 3.2.2 Council shall make a recommendation regarding all subdivision applications circulated to it by Saskatchewan Ministry of Municipal Affairs, 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 Waseca Official Community Plan. ## 3.3 APPLICATION FOR A DEVELOPMENT PERMIT - Unless the proposed development or use is exempt from Development Permit requirements, before commencing any principal or accessory use development, including a public utility use, every developer shall: - a) Complete and submit a Development Permit application, and (refer to Permit application in Appendix "A"); - b) Receive a Development Permit for the proposed development. - 3.3.2 A Development Permit shall not be issued for any use in contravention of any of the provisions of this Bylaw and The Waseca Official Community Plan. - 3.3.3 Except where a particular development is specifically exempted by Section 3.4 of this Bylaw, no development or use shall commence without a Development Permit first being obtained. ## 3.4 DEVELOPMENT NOT REQUIRING A PERMIT The following developments shall be exempt from Development Permit requirements, but shall conform to all other Bylaw requirements (e.g., building permits, setbacks, environmental and development standards): ## 3.4.1 RESIDENTIAL ZONING DISTRICTS - a) Buildings and structures under 9.0 m' in area, which are accessory to a principal, residential use except where such dwelling is a discretionary use. - b) The television antennae, or radio antennae. - c) Relocation of any residential or accessory building provided development standards are still met on the site. ## 3.4.2 COMMERCIAL ZONING DISTRICTS - a) Buildings and structures that are accessory to a permitted, principal, commercial use, except where such use is discretionary. - 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. ## 3.4.3 ACCESSORY USES All accessory uses, unless otherwise specified in this Bylaw. ## 3.4.4 INTERNAL ALTERATIONS - a) Residential Buildings Internal alterations to a residential building, provided that such alterations do not result in a change of use or an increase in the number of dwelling units within the building or on site; ## b) All Other Buildings Internal alterations and maintenance to other buildings, including mechanical or electrical work, provided that the use, or intensity of use of the building, does not change. ## 3.4.5 LANDSCAPING Landscape areas, driveways and parking lots, provided the natural or designed drainage pattern of the site and adjacent sites are not adversely impacted. ## 3.5 INTERPRETATION - a) Where any provision of this Bylaw appears unclear, Council shall make the final Bylaw - b) All Bylaw requirements shall be based on the stated metric units. The imperial units shown in this Bylaw shall be approximate guidelines only. ## 3.6 COMPREHENSIVE DEVELOPMENT REVIEWS - 3.6.1 A comprehensive development review shall be completed prior to consideration of an application by Council by any person proposing to rezone, subdivide, or re-subdivide land for multi-parcel residential, commercial or industrial purposes. The purpose of this review is to identify and address social, environmental, health and economic issues and to encourage the development of high quality residential, recreational, commercial, and industrial developments. The scope and required detail of the comprehensive development review will be based on the scale and location of the proposed development, and address such areas as the following: - a) Proposed land use(s) for various parts of the area; - b) The effect on adjacent land uses and integration of the natural landscape regarding the planning and design of the area; - c) The location of, and access to, major transportation routes and utility corridors; - d) The provision of services respecting the planning for future infrastructure within the Municipality; - e) Sustainable development and environmental management practices regarding surface and groundwater resources, storm water management, flooding and protection of significant natural areas; - f) Appropriate information specific to the particular land use (residential, commercial or industrial). - The comprehensive development review must be prepared in accordance with the overall goals and objectives of The Waseca Official Community Plan. Council shall not consider any development application until all required information has been received. The responsibility for undertaking all technical investigations and hosting public meetings as required shall be borne solely by the applicant. ## 3.7 DEVELOPMENT PERMIT PROCEDURE Where an application for a Development Permit is made for a permitted use in conformity with this Bylaw, The Planning and Development Act, 2007, and all other Village Bylaws, the Council shall hereby direct the Development Officer to issue a Development Permit. ## 3.7.1 DISCRETIONARY USE APPLICATION - a) Where an application for a Development Permit is made for a discretionary use, the Development Officer shall advise the Council as soon as practicable. - b) As soon as practicable after Council is advised that an application has been made for a Development Permit for a discretionary use, Council shall consider the application. Prior to making a decision, Council may refer the application to whichever Government Agencies, the District Planning Commission, or interested groups, as Council may consider appropriate. Council also may require the application to be reviewed by planning, engineering, legal, or other professionals, with the cost of this review to be borne by the applicant. - c) Upon approval of a discretionary use by resolution of Council, the Development Officer shall issue a Development Permit for the discretionary use at the location and under such terms and development standards specified by Council in its resolution. ## 3.7.1 DEVELOPMENT PERMIT DECISION - a) The applicant shall be notified in writing of the decision of their application within 30 days of all required information being submitted to the Development Officer. The applicant shall be advised of their right to appeal a decision on a permitted use application and any terms and conditions attached to a discretionary use application to the Development Appeals Board subject to the provisions of The Planning and Development Act, 2007. - b) If the proposal conforms to the provisions of this Bylaw, a Development Permit shall be issued, subject to any development standards, special regulations, or performance standards that may be required. ## 3.8 DEVELOPMENT PERMIT: VALIDITY - 3.8.1 A Development Permit is valid for a period of twelve months unless otherwise stipulated when the permit is issued. - 3.8.2 Where the Development Officer determines that a development is being carried out in contravention of any condition of a Development Permit or any provision of this Bylaw, the Development Officer shall suspend or revoke the Development Permit and notify the permit holder that the permit is no longer in force. - Where the Council is satisfied that a development, the permit for which has been suspended or revoked, will be carried out in conformity with the conditions of the Permit and the requirements of this Bylaw the Council may reinstate the Development Permit and notify the permit holder that the permit is valid and in force. - 3.8.4 The Development Officer shall direct the applicant for a discretionary use, or 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 meter radius of the proposed development. - 3.8.5 The Development Officer shall publish a notice of the application in accordance with the provisions of The Planning and Development Act, 2007, whereby the applicant shall pay to the Municipality a fee equal to the costs associated with the public advertisement. ## 3.9 DEVELOPMENT PERMIT APPLICATION FEES - 3.9.1 An applicant seeking the approval of a Development Permit application shall pay the following fee: $100.00 or shall pay the required fee as set out in a separate Development Fee Bylaw of the Municipality. - 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 business licenses. - 3.9.3 An applicant seeking a discretionary use approval shall pay the required fee: $200.00 or shall pay the required fee as set out in a separate Development Fee Bylaw of the Village. - 3.9.4 The Development Officer shall direct the applicant for a discretionary use, or 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 meter radius of the proposed development. - The Development Officer shall publish a notice of the application in accordance with the provisions of The Planning and Development Act, 2007, whereby the applicant shall pay to the Municipality a fee equal to the costs associated with the public advertisement. ## 3.10 FEE FOR ZONING AMENDMENT APPLICATION When an application is made to Council for an amendment to this Bylaw, the applicant making the professional review of the application and in carrying out a public hearing. ## 3.11 CONCURRENT PROCESSING OF DEVELOPMENT PERMITS, BUILDING PERMITS AND BUSINESS LICENSES A Building Permit, where required, shall not be issued unless a Development Permit has been issued, or Issued concurrently. Nothing in this Bylaw shall exempt any person from complying with a buildin ylaw, or any other Bylaw in force within The Municipality, or from obtaining any permission require by this, or any other Bylaw of The Municipality, the Province or the Federal Government. ## 3.12 REFERRAL UNDER THE PUBLIC HEALTH ACT The Development Officer shall make available, in addition to plumbing permits and plan information, a :opy of all approved Development Permit applications involving installation of water and sanitan services, should such information be requested by provincial officials under The Public Health Act an Regulations. The developer shall, at their own expense, provide suitable water supply and sewage disposal facilities for that development acceptable to Council that meets The Public Health Act and Regulations requirements. ## 3.13 DEVELOPMENT APPEALS BOARD - 3.8.1 Council shall appoint a Development Appeals Board consisting of five members, to hear and determine appeals in accordance with Section 213 to 227 inclusive, of The Planning and Development Act 2007. ## 3.8.2 RIGHT OF APPEAL - a. Where an application for a permitted use has been denied, the applicant shall be advised of the right of appeal to the Development Appeals Board. - b. Appellants also may appeal where they are of the opinion that development standards prescribed by Council with respect to a discretionary use exceed those necessary to secure the objectives of the Zoning Bylaw. - c. The Development Officer shall make available to all interested persons copies of the provisions of The Planning and Development Act, 2007, respecting decisions of the Development Officer and the right of appeal. ## 3.14 MINOR VARIANCES - 3.14.1 The Development Officer may vary the requirements of this Bylaw subject to the following requirements: - a) A minor variance may be granted for the following only: - Minimum required distance of a building from a lot line; and - ii. The minimum required distance of a building from any other building on the lot. - b) The maximum amount of a minor variance shall be 10% variation from the Requirements of this Bylaw. - c) The development must conform to all other requirements of this Bylaw. - d) The relaxation of the Bylaw requirement must not injuriously affect a neighbouring property. - e) 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. - 3.14.2 An application form for a minor variance shall be in a form prescribed by the Development Officer and shall be accompanied by an application fee of $50.00. - 3.14.3 Upon receipt of a minor variance application the Development Officer may: - a) Approve the minor variance; - b) Approve the minor variance and impose terms and conditions on the approval; or - c) Deny the minor variance. - 3.14.4 Terms and conditions imposed by the Development Officer shall be consistent with the general development standards in this Bylaw. - 3.14.5 Where a minor variance is refused, the Development Officer shall notify the applicant in writing, providing reasons for the refusal. - 3.14.6 Where a minor variance is approved, with or without terms, the Development Officer shall provide written notice to the applicant and to the assessed owners of the property having a common boundary with the applicant's land that is the subject of the approval. - 3.14.7 The written notice shall contain: - a) A summary of the application; - b) Reasons for and an effective date of the decision; - c) Notice that an adjoining assessed owner has 20 days to lodge a written objection with the Development Officer, which, if received, will result in the approval of the minor variance being revoked; and - d) Where there is an objection and the approval is revoked, the applicant shall be notified of the right to appeal to the Development Appeals Board. - 3.14.8 A decision to approve a minor variance, with or without terms and conditions, does not take effect until 23 days from the date the notice was provided. - 3.14.9 If an assessed owner of a property having an adjoining property with the applicants land objects to the minor variance in writing to the Development Officer within the prescribed 20 day time period, the approval is deemed to be revoked and the Development officer shall notify the applicant in writing: - a) Of the revocation of the approval; and - b) Of the applicant's right to appeal the revocation to the Development Appeals Board within 30 days of receiving the notice. - 3.14.10 If an application for a minor variance is refused or approved with terms or conditions, the applicant may appeal to the Development Appeals Board within 30 days of the date of that decision. ## 3.15 NON-CONFIRMING BUILDING USES AND SITES - 3.15.1 Any use of land or any building or structure lawfully existing at the time of passing this Bylaw that is rendered non-conforming by the enactment of this Bylaw or any subsequent amendments, may be continued, transferred, or sold in accordance with provisions of Section 88 to 93 inclusive, of The Planning and Development Act, 2007. - 3.15.2 No enlargement, additions, or reconstruction of a non-conforming use, building or structure shall be undertaken, except in conformance with these provisions - 3.15.3 No existing use, building or structure shall be deemed to be nonconforming by reason only of the conversion of this Bylaw from the Metric System of Measurement to the Imperial System of Measurement where such non-conformity is resultant solely from such change and is reasonably equivalent to the metric standard herein established. - 3.15.4 No existing site shall be deemed to be non-conforming by reason only of its dimensions or area failing to at least equal the standards prescribed for proposed sites in the Zoning District in which the site is located ## 3.16 DEVELOPMENT PERMIT - INVALID A development permit shall be automatically invalid and development shall cease, as the case may be: - a) If the proposed development is not commenced within the period for which the Permit is valid; - b) If the proposed development is legally suspended, or discontinued, for a period of six or more months, unless otherwise indicated by Council or the Development Officer; - c) When development is undertaken in contravention of this bylaw, the Development Permit and specified development standards, and/or - d) When a written appeal notice is received by the Development Appeals Board secretary regarding the Development Permit. ## 3.17 CANCELLATION Council or the Development Officer may cancel a Development Permit, and when cancelled, development shall cease: - a) Where the Development Officer or Council is satisfied that a development permit was issued based on false or mistaken information; - b) Where new information is identified pertaining to environmental protection, flood potential, or slope instability; and/or - c) When a developer requests a development permit modification. ## 3.18 STOP WORK The Development Officer may authorize action to stop any development which does not conform to this Bylaw, a development or servicing agreement, a Development Permit or condition, or a caveat under this Bylaw. ## 3.19 OFFENCES AND PENALTIES Any person who violates this Bylaw may be charged and liable on summary conviction to the penalties in The Planning and Development Act, 2007. ## 3.20 INSPECTION OF PREMISES The Development Officer, or any official or employee of the Municipality acting under their direction, is hereby authorized to enter, at all reasonable hours, upon any property or premises in or about which there is reason to believe that provisions of this Bylaw are not being complied with, and for the purpose of carrying out their duties under this Bylaw. ## 3.21 BYLAW COMPLIANCE Errors and/or omissions by any person administering or required to comply with the provisions of this Bylaw do not relieve any person from liability for failure to comply with the provisions of this Bylaw. ## 3.22 PERFORMANCE BONDS performance and to protect the public interest. ## 3.23 INSURANCE LIABILITY Council may require developers to provide and maintain liability insurance to protect the Municipality, developer and public. ## 3.24 REGISTERING IN INTERESTS Council may require that development and servicing agreements and other documents may be registered as an Interest on a Title on affected lands, in accordance with The Land Titles Act, to protect Municipal and public interests. ## 3.25 MOVING OF BUILDINGS No building shall be moved within or into or out of the area covered by this Bylaw without obtaining a Development Permit from the Development Officer, unless such building is exempt under Section 3.4 of this Bylaw. ## 3.26 DEMOLITION OF BUILDINGS No building shall be demolished without first obtaining a Development Permit from the Development Officer. Such Permit shall not be issued unless a proposal for the interim or long-term use o redevelopment of the site is also submitted, and the proposed use is in conformity with this Bylaw. separate Development Permit is required for any redevelopment of the site. ## 3.27 TEMPORARY DEVELOPMENT PERMITS The Development Officer may issue a temporary Development Permit, with specified conditions for a specified period of time, to accommodate developments incidental to approved construction, temporary accommodation, oil and gas sector activities, temporary gravel operations or asphalt plants. Nothing in this Bylaw shall prevent the use of land, or the erection or use of any building or structure for a construction camp, work camp, tool shed, scaffold, or other building or structure incidental to and necessary for construction work on the premises, but only for so long as such use, building, or structure is necessary for such construction work as has not been finished or abandoned. ## 3.28 DEVELOPMENT AGREEMENTS - 3.28.1 Council may request a developer to enter into a Development Agreement to ensure development conformity with The Waseca Official Community Plan and this Bylaw, pursuant to Section 171 to 176 inclusive, The Planning and Development Act, 2007. - 3.28.2 A Development Agreement is mandatory for approval of a Garden (Granny) Suite, accessory dwelling. ## 3.29 SERVICING AGREEMENTS - 3.29.1 Where a development proposal involves subdivision, Council may require a developer to enter into a servicing agreement to ensure appropriate servicing pursuant to The Planning and Development Act, 2007. Council may direct the Administration to vary the agreement on a caseby-case basis, or not require it. - 3.29.2 In accordance with Sections 172 to 176 inclusive, The Planning and Development Act, 2007, the agreement may provide for: - a) The undertaking and installation of storm sewers, sanitary sewers, drains, water mains and laterals, hydrants, sidewalks, boulevards, curbs, gutters, street lights, graded, graveled or paved streets and lanes, connections to existing services, area grading and 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 on-site and off-site servicing; - b) The payment of levies and charges, in whole or in part, for the capital cost of providing, altering, expanding or upgrading sewage, water, drainage and other utility services, public highway facilities or park and recreation space and facilities located within or outside the proposed subdivision and that directly or indirectly serve the proposed subdivision. ## 4. GENERAL REGULATIONS ## 4.1 LICENSES, PERMITS, AND COMPLIANCE WITH OTHER BYLAWS AND LEGISLATION In their interpretation and application, the provisions of this Bylaw shall be held to be the minimum requirements adopted for the promotion of the public health, safety, and general welfare. Nothing in this Bylaw shall exempt any person from complying with the requirements of a building regulation Bylaw or any other Bylaw in force within the Village of Waseca or law within the Province of Saskatchewan or Canada; or from obtaining any license, permission, permit, authority, or approval required by this or any other Bylaw of the Village of Waseca or any law of the Province of Saskatchewan or Canada. Where requirements in this Bylaw conflict with those of any other municipal, provincial, or federal requirements, the more stringent regulations shall prevail. ## 4.2 PRINCIPAL USE ESTABLISHED In any Zoning District in this Bylaw, the principal use of the land must be established prior to any accessory buildings, structures, or uses being permitted. ## 4.3 MULTIPLE USES Notwithstanding anything contained in this Bylaw, where any land, building, or structure is used for more than one purpose, all provisions of this Bylaw relating to each use shall be complied with, but no dwelling shall be located within 3.0 meters of any other building on the site except to a building accessory to such dwelling. ## 4.4 USES PERMITTED IN ALL ZONING DISTRICTS - 4.4.1 Nothing in this Bylaw shall prevent the use of any land as a public street or public park. - 4.4.2 Nothing in this Bylaw shall prevent the erection of any properly authorized traffic sign or signal, or any sign or notice of any local or other government department or authority. - 4.4.3 Nothing in this Bylaw shall prevent the use of any land for the erection of buildings or structures, which the same is located. ## 4.5 NUMBER OF PRINCIPAL BUILDINGS ON A SITE - 4.5.1 Only one principal building shall be permitted on any one site except for the following: park chools, hospitals, recreation facilities, special care homes, senior citizen homes, and approve dwelling groups and condominium developments. - 4.5.2 Multiple unit residential buildings (e.g. duplex, fourplex) are considered to be one principal building under this Bylaw, and all other uses and buildings on the site must be accessory. ## 4.6 ACCESSORY BUILDINGS, USES AND STRUCTURES - Subject to all other requirements of this Bylaw, an accessory building, use or structure is permitted in any district when accessory to an established principal use which is permitted or discretionary use in that same district, and for which a development permit has been issued. - 4.6.2 No accessory building may be constructed, erected or moved on to any site prior to the time of construction of the principal building to which it is accessory. - Where a building on a site is attached to a principal building by a solid roof or by structural rafters, and where the solid roof or rafters extend at least one third of the length of the building wall that is common with the principal building, the building is deemed to be part of the principal building. ## 4.7 FRONT YARD REDUCTION Notwithstanding the minimum depth of front yard required by this Bylaw, where a site is situated between two sites each of which contains a principal building which projects beyond the standard required front yard depth, the front yard required on said site may be reduced to an average of the two established front yards on the adjacent sites; but not be less than 4.5 meters in a Residential district ## 4.8 FRONTAGE FOR IRREGULAR SITES Where the site frontage is along a cul-de-sac, curve or is irregular, the minimum site frontage shall be 11.0 meters and the mean site width shall not be less than the minimum frontage for regular sites in the ## 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 1.8 meters into any required front or rear yard. - b) Window sills roof overhangs, eaves, gutters, bay windows, chimneys, and similar alterations may project a distance of 0.6 meters into any required yard. ## 4.10 RESTORATION TO A SAFE CONDITION Nothing in this Bylaw shall prevent the structural improvement or restoration to a safe condition of any building or structure, provided that such structural improvement or restoration shall not increase the height, area or volume so as to contravene the provisions of this Bylaw. ## 4.11 GRADING AND LEVELING OF SITES - 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. ## 4.12 RESTRICTION ON CHANGES - 4.12.1 The purpose for which any land or building is used shall not be changed, no new building or addition to any existing building shall be erected, and no land shall be severed from any site, if such change, erection or severance creates a situation that contravenes any of the provisions of this Bylaw applicable to each individual remaining building, accessory building, site, or lot. - 4.12.2 Notwithstanding the provisions of subsection 4. 12.1, no person shall be deemed to have contravened any provision of this Bylaw if only part or parts of any site or lot has, or have, been conveyed to, or acquired by, the Municipality or the Province of Saskatchewan for a public work. ## 4.13 HEIGHT OF BUILDINGS Where a maximum height of buildings is specified in any Zoning District, the maximum height shall be measured from average grade level to the highest point on the building exclusive of any chimney or antenna. ## 4.14 HERITAGE PROPERTIES Provincial and Municipal heritage properties subject to preservation agreements are subject to development review processes as defined by The Heritage Property Act. Provincial designations are afforded special protection, and any alterations and development must be reviewed and approved by the Heritage Programs of the Province of Saskatchewan. ## 4.15 SIGNAGE ON NATURAL AND HUMAN HERITAGE SITES Small plaques, markers, and interpretation signs will be encouraged on properties that have significant natural or human heritage resources, with the approval of the owner, and where the signage is appropriate in scale, design, and placement with the site and surrounding area, and does not cause safety concerns or negatively impact the heritage value of the site. ## 4.16 LANDSCAPE BUFFERS - 4.16.1 Landscape buffers are intended to improve land use compatibility and environmental quality by reducing noise, lighting glare and other nuisances, or facilitating natural drainage. Landscape buffers, where required to separate uses from adjacent properties may be required a minimum 1.0 meter vegetative landscape buffer, unless a fence is required for other reasons. - Primary entrances into the Village and parking lots abutting major roads will require a landscape buffer. - 4.16.3 Notwithstanding any other provisions in this Bylaw, where buffers are required for greenways, trails, parks and landscaped areas, they shall be required to reflect the character and intent of the Waseca Official Community Plan. ## 4.17 PROHIBITED AND NOXIOUS USES - 4.17.1 Any use is prohibited which, by its nature or the materials used therein, is declared by The Public Health Act and Regulations to be a noxious trade, business, or manufacture. ## 4.17.2 NOXIOUS USES Notwithstanding any use contained within a building, no land shall be used and no building or structure shall be erected, altered or used for any purpose that is noxious and, without limiting the generality of this subsection, for any purpose that creates or is likely to become a nuisance or offence, or both: - a) By the creation of noise or vibration; - c) By reason of the emission of gas, fumes, smoke, dust or objectionable odour; - b) By the emission of light and glare; - d) By reason of the unsightly storage of goods, wares, merchandise, salvage, refuse matter, motor vehicles, trailers or parts of vehicles or trailers, machinery, or other such material; - e) By any combination of things in this subsection. ## 4.18 CLOSINGS In the event a dedicated street or lane shown on the Zoning District Map forming part of this Bylaw is closed, the property formerly in such street or lane shall be included within the Zoning District of the adjoining property on either side of such closed street or lane. If a closed street or lane is the boundary between two or more different Zoning Districts, the new district boundaries shall be the former centre line of the closed street or lane. ## 4.19 SATELLITE DISHES - 4.19.1 Satellite dishes in excess of 1.0 meter in diameter shall not be located in any front yard, side yard, or and shall not be permitted to be erected on the roof of any principal building that is located within a Residential District that is less than three(3) stories in height. - 4.19.2 Satellite dishes located in Residential Districts, which exceed 1.0 meter in diameter shall only be erected on the roof of an accessory building if said accessory building is located entirely within a rear yard; and - 4.19.3 Satellite dishes may be erected in Commercial or Industrial Districts for communications purposes or re-broadcasting of television signals and subsection 4.21.1 shall not apply. ## 4.20 COMMUNICATION TOWERS The erection of Cellular telephone transmission towers shall not be permitted in, or closer than 100 meters of, any Residential District. ## 4.21 PRIVATE GARAGES, SUNROOMS, SOLARIUMS AND GREENHOUSES Private garages, carports, sunrooms, solariums, and greenhouses attached to main buildings by a substantial roof structure shall be considered as part of the main building and shall be subject to the regulations for the main building. ## 4.22 TRAILERS, BOX CARS, SEA AND RAIL CONTAINERS No person shall park or store on any part of a site, any unlicensed rail or sea container, truck, bus or coach body for the purpose of advertising or warehousing within any Zoning District. ## 4.23 SWIMMING POOLS - 4.23.1 Notwithstanding anything contained in this Bylaw, a swimming pool is permitted as an accessory use to permitted uses in any Residential District or a motel (motor hotel) in a Highway Commercial District, to be located in the side yard or rear yard of any lot/site if: - a) No part of such pool is located closer to any lot or street line than the minimum distance required for the principal building located on such lot; and - b) The maximum height of such pool is 1.2 meters above the average finished grade level of the ground adjoining the pool and to within 4.5 meters of such pool; and - c) Every swimming pool shall be enclosed by a non-climbable fence of at least 1.8 meters in height and not more than 10 cm from the ground, and located at a distance of not less than 1.5 meters from the pool; and - d) Any deck attached to or abutting a swimming pool shall be considered as part of the swimming pool. - 4.23.2 Any building or structure, other than a dwelling, required for changing clothing or for pumping or filtering facilities, or other similar accessory uses, complies with the provisions in the applicable Zoning Districts in Section 5 of this Bylaw, respecting accessory buildings. ## 4.24 DISPOSAL OF WASTES - 4.24.1 Subject to all Acts and Regulations pertaining in any way to the storage, handling, and disposal of any waste material or used item, and except as permitted by these Acts and Regulations, no liquid, solid, or gaseous wastes shall be allowed to be discharged into any steam, creek, river, lake, pond, slough, intermittent drainage channel or other body of water, onto or beneath the surface of any land, or into the air. - 4.24.2 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 Watershed Authority. Disposal of liquid, solid, or gaseous waste shall be governed by Acts administered by Saskatchewan Agriculture, Saskatchewan Environment, Saskatchewan Health and the Saskatchewan Watershed Authority. ## 4.25 SOLID AND LIQUID WASTE DISPOSAL FACILITIES Municipal and commercial solid or liquid waste disposal facilities are subject to the following conditions: - a) The facility will be located as near as practical to the source of waste; - b) The facility will have undergone satisfactory review as required by Provincial Authorities for environmental assessment and operational design; - c) The facilities will be located at least 300 meters for liquid waste, and 457 meters for solid waste from any residence or recreational use; - d) The development of any new disposal sites shall take into consideration seasonal winds; - e) Adequate precautions shall be taken to prevent pollution of ground water by disposal operations; - f) Solid waste disposal facilities shall be located in proximity to an all- weather road; and - g) Council may apply special standards for screening, fencing and reclamation of the site. ## 5. DISCRETIONARY USE STANDARDS FOR DEVELOPMENT This Section addresses special provisions and specific development standards that apply to the following developments. These standards apply in addition to any standards of the District. In approving any discretionary use to minimize land use conflict, Council may prescribe specific development standards or criteria related to: - Site drainage of storm water - The location of buildings with respect to buildings on adjacent properties - Access to, number and location of parking and loading facilities - Appropriate space for vehicle movement in order to reduce disruption of traffic flows on adjacent roadways - Control of noise, glare, dust and odour - Landscaping, screening and fencing to buffer adjacent properties. ## 5.1 HOME OCCUPATIONS - Home-based occupations and businesses will be accommodated provided that they are clearly secondary to the principal residential use of the dwelling unit, compatible with the surrounding residential area, and not of a size that provide services or products that would detrimentally affect the viability of the neighborhood. - One home occupation shall be allowed per dwelling unit. Home occupations shall be conducted entirely within the dwelling or accessory building. - One advertising display sign shall be allowed on the site or premise from which the home occupation is conducted. No LED or neon signs shall be allowed. - There shall be no exterior display or storage of any merchandise or material relating to the home occupation. - No equipment or process used in the home occupation shall create dust, noise, vibration, glare, fumes, odour or air pollution that is detectable at or beyond the property lines of the lot where the home occupation or business is located. - 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. - Parking: The home occupation shall not cause or add to on-street parking congestion or cause an increase in traffic through residential zones. - No more than one business vehicle, for which off-street parking is provided, shall be operated in connection with the home occupation. - Parking of vehicles of employees hired for off-site jobs shall not be allowed at or in the vicinity of the dwelling unit. - All Business Permits issued for home occupations shall expire on December 31 of the year issued. Home occupations are subject to the condition that the permit may be revoked at any time if, in the opinion of Council, the use is or has become detrimental to the amenities of adjoining properties and the neighborhood. ## 5.2 SECONDARY SUITES - Secondary suites may be constructed within a principal, single detached dwelling in a residential zone. Only one secondary suite is permitted on each residential site. - Secondary suites must be located within the principal dwelling and must have a separate entrance from the principal dwelling either from a common indoor landing or directly from the exterior of the building. Secondary suites must contain cooking, eating, living, sleeping, and sanitary facilities. - Secondary suites may not exceed 60 m' or 35% of the total floor space, including basements, and may not have more than two bedrooms. ## 5.3 MODULAR HOMES - All modular homes shall be place on a permanent concrete foundation at a standard comparable to a single detached dwelling. - All modular homes shall be multi-modular, with the width approximately equivalent to the length; - All modular homes shall have architectural features similar or complementary to adjacent and nearby dwellings; - Modular homes shall be permanently connected to water and sewer services provided by the Municipality and permanently connected as available to other public utilities. - All other requirements of this Bylaw apply. ## 5.4 BED AND BREAKFAST HOMES Bed and Breakfast Homes are subject to the following conditions: - A bed and breakfast home may be located in a detached one unit dwelling or in a semi-detached dwelling. No exterior alterations shall be undertaken which would be inconsistent with the residential character of the building or property. - Bed and breakfast homes shall be located in a single detached dwelling used as the operator's principal residence developed shall be licensed by the Ministry of Health. - Required parking spaces may be permitted in a required front yard. - One advertising display sign located on the site or premise advertising the bed and breakfast home is permitted. The facial area of a sign shall not exceed 0.5 m2. ## 5.5 DAY CARE CENTRES AND PRE-SCHOOLS Day-care Centres and Pre-schools are subject to the following conditions: - Day care centres and pre-schools may be approved as an accessory use or as a principal use. - In 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. - Day care centres or pre-schools which are located in Residential Districts shall provide at least 3.25 m' of fenced on-site outdoor play space for each child present in the facility at any one time. - Required parking spaces may be located in a required front yard. ## 5.6 GARDEN (GRANNY) SUITES A single Garden Suite may be placed in the back yard of a single-detached residential development under the following conditions: - There is no secondary suite in the primary residence. - The Garden Suite dwelling unit is a temporary use and shall be permitted for a five-year term, which may be renewed at Council's discretion. The landowner shall enter into an agreement that the land shall not be considered for subdivision. - The owner(s) of the host residence must live on the site, and at least one resident of the primary dwelling and one resident of the Garden Suite shall be related by blood, marriage, or legal adoption. - Except for infant children (up to two years of age) of a resident of the Garden Suite dwelling, there shall be no more than two residents. - The occupant(s) of the Garden Suite should be able to benefit from the informal care and support of relatives in the primary residence, or provide care and support to family in the primary residence. - The floor area of the Garden Suite dwelling shall not be less than 35 m' and not greater than 90 m?. The Garden Suite shall not be located on a permanent foundation to allow the structure to be removed from the property when it is no longer required by a relative of the permanent resident. - The maximum height of the Garden Suite shall not exceed 5.0 meters from grade level and shall have only one story. - Garden Suite dwellings shall only be located on sites where the dwelling can be serviced by existing utilities and can be hooked up to the services of the host residence. - Residents of the Garden Suite must have access to the rear yard amenities. - The combined site coverage of the single detached dwelling and Garden Suite dwelling shall not exceed the maximum coverage permitted by this Zoning Bylaw, and the accessory dwelling shall be placed so that all other setback requirement of the Zoning Bylaw are met; - A parking space shall be provided on site for the resident(s) of the Garden Suite dwelling. - There shall be direct and separate access to the Garden Suite dwelling by on-site driveway, or by public roadway or alley. - The Public Health Act shall be complied with in respect to all operations and development of the campground. ## 5.9 WIND ENERGY FACILITIES Wind energy facilities are subject to the following conditions: - All buildings and structures shall be set back at least 90.0 meters from an intersection of any Municipal road allowance, or Provincial highway or such greater distance as required by the Department of Highways. - The setback related to Municipal road allowances and the wind energy generator (turbine) shall be no less than the length of the blade plus 10.0 meters. - The minimum site size for the allowance of any Wind Energy Facility shall be 2.0 hectares. - The setback from the property line of a non-participating landowner to a wind energy generator (turbine) shall be no less than the length of the blade plus 10.0 meters, or a minimum of 38.0 meters, unless otherwise agreed to by the landowner, developer and the Municipality. - The separation distance from a wind energy generator (turbine) to a Residential Acreage or Residential subdivision shall be a minimum distance of 550 meters. - The maximum total tower height shall be: - 6.0 meters above grade level in a Residential Acreage or Industrial Zoning District and the maximum noise standard shall not exceed 40 decibels. - 45.0 meters above grade level in the Community Service or Future Urban Developmental Zoning District. - Approaches for access roads to the wind energy facilities must be perpendicular to established road allowances. - All infrastructure, roads and accesses required to facilitate the implementation of the wind energy facilities shall be proposed by the developer as part of the Development Permit application. - Any proposed development within a municipal road allowance, i.e. underground lines or overhead poles/lines, must be proposed by the developer as part of the Development Permit application and adhere to the Rural Municipality road crossing policy. - The developer is required to enter into a road use agreement with the Municipality for the construction period to ensure roads are maintained in condition agreeable by both parties. - The wind energy generator (turbine) shall have no restrictions on colour or height. - Substations are required to be fenced. All wind energy facilities shall be enclosed within a locked protective chain link fence of a minimum height of 1.85 meters and the design shall be included in the Development Permit application. - Development and Building Permit applications for a Wind Energy Facilities shall include either a manufacturer's engineering certificate of structural safety or certification of structural safety via a Saskatchewan Professional Engineer. - Sites having potentially dangerous or hazardous developments shall have visible signs stating any potential dangers. No hazardous waste shall be stored on the site - Council, at its discretion, may seek approval of this development from both internal and external referral agencies. ## 6. ZONING DISTRICTS AND ZONING MAPS ## 6.1 ZONING DISTRICTS For the purpose of this Bylaw, the Village of Waseca is divided into several Zoning Districts that may be referred to by the appropriate symbols. The uses or forms of development allowed within a Zoning District, along with regulations or standards which apply, are provided in the District schedules in this Section. <!-- image --> | R1 | Residential | MU | Mixed Use | |------|-------------------------------|------|--------------------------| | C1 | Centre Commercial | FUD | Future Urban Development | | C2 | Highway Commercial/Industrial | CS | Community Service | ## 6.2 THE ZONING DISTRICT MAP The map, bearing the statement "This is the Zoning District Map referred to in Bylaw No. 03-2013 adopted by the Village of Waseca, signed by the Mayor and by the Village Administrator under the seal of the Village, shall be known as the "Zoning District Map", and such map is hereby declared to be an integral part of this Bylaw. ## 6.3 BOUNDARIES OF ZONING DISTRICTS - 6.3.1 The boundaries of the Districts referred to in this Bylaw, together with an explanatory legend, notations and reference to this Bylaw, are shown on the map entitled, "Zoning District Map." - Unless otherwise shown, the boundaries of zoning Districts are site lines, centre lines of streets, lanes, road allowances, or such lines extended and the boundaries of the Municipality. - 6.3.3 Where a boundary of a District crosses a parcel, the boundaries of the Districts shall be determined by the use of the scale shown on the map. - 6.3.4 Where the boundary of a District is also a parcel boundary and the parcel boundary moves by the process of subdivision, the District boundary shall move with that parcel boundary, unless the boundary is otherwise located by amendment to the Bylaw. ## 6.4 HOLDING DESIGNATION - 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. ## 7. RESIDENTIAL DISTRICT - R1 The purpose of the Residential District 1 (R1) is to accommodate primarily single family detached residential dwelling as well as multi-unit dwellings. No person shall within any R1-Residential District use any land or erect, alter or use any building or structure, except in accordance with the following provisions: ## 7.1 PERMITTED USES - a) One single detached dwelling, which includes a RTM; - b) Uses, buildings and structures accessory to the foregoing permitted uses and located on the same site with the main use; - c) Playgrounds and swimming pools; 4. Semi-detached, duplex dwelling, Fourplex, or townhouses and other multi-unit dwellings; 5. Public works, buildings and structures excluding offices, warehouses, storage yards and waste management or sewage facilities. ## 7.2 DISCRETIONARY USES The following uses may be permitted in the R1-Residential District only by resolution of Council and only in locations specified by Council. Discretionary use requirements can be found in Section 5. - a) Modular homes; - b) Mobile homes; - c) Secondary Suites; - d) Home Occupations (Home Based Businesses); - e) Child and adult daycare; - f) Bed and Breakfast homes; - g) Residential Care Homes. ## 7.3 SITE DEVELOPMENT REGULATIONS | Single-Detached, RTM and Modular Homes | Single-Detached, RTM and Modular Homes | |------------------------------------------|------------------------------------------------------------------------| | Minimum site area | 460 m' | | Minimum floor area | 75 m2 | | Minimum site frontage | 12 meters | | Height | 9.0 meters for Principal Buildings | | Maximum site coverage | 40% and 50% on a corner site | | Minimum parking spaces | 2 | | Minimum front yard | 7.5 meters except 2.5 meters where lot frontage is less than 11 meters | | Minimum rear yard | 7.5 meters | | Semi detached, Duplex and Multi-Unit Dwellings (per dwelling unit) | Semi detached, Duplex and Multi-Unit Dwellings (per dwelling unit) | |----------------------------------------------------------------------|----------------------------------------------------------------------| | Minimum site area | 275 m? | | Minimum floor area | 55 m? | | Minimum site frontage | 9.0 meters | | Height | 9.0 meters for Principal Buildings | | Maximum site coverage | 40% and 50% on a corner site | | Minimum parking spaces | 2 per unit | | Minimum front yard | 6.0 meters | | Minimum rear yard | 7.5 meters | | Minimum side yard | 1.2 meter, unless on a corner site the side yard shall be 2.5 meters | | Mobile Homes | Mobile Homes | |------------------------|----------------------------------------------------------------------| | Minimum site area | 465 m | | Minimum floor area | 50 m2 | | Minimum site frontage | 12 meters | | Maximum site coverage | 40% | | Minimum parking spaces | 2 | | Minimum front yard | 6.0 meters | | Minimum rear yard | 7.5 meters | | Minimum side yard | 1.2 meter, unless on a corner site the side yard shall be 2.5 meters | ## 7.4 DEVELOPMENT STANDARDS FOR MOBILE HOMES - a) All mobile homes must meet the standards set out in CSA A277 Procedure for Certification of Factory Built Houses, and amendments thereto. All mobile homes must bear a label of a credible certification agency indicating that compliance with the National Building Codes has been certified using the A277 procedure. - b) All attached and accessory structures shall require a building permit and shall comply with the requirements of the National Building Code of Canada and the Building Bylaw of the Village of Waseca. - c) All attached or accessory structures such as porches, sun room additions, skirting and storage facilities must be factory prefabricated units, or of an equivalent quality, and shall 4. be painted or prefinished so the design and construction will complement the main structure. - d) In order to protect the residential character of the community, wheels, hitches, and running gear must be removed within thirty (30) days of arrival, and skirting must be installed in such a manner as to compensate for vertical movements and to prevent the entrance of rodents and other small animals. - e) All mobile homes shall be connected to water and sewer services provided by the Municipality and connected as available to other public utilities. ## 7.5 ACCESSORY BUILDINGS AND STRUCTURES <!-- image --> | Minimum yard setbacks | A minimum 6.0 meters from the front site line, 1.2 meters from the principal building, and 0.8 meters from the side site line unless the side site line is an abutting street then the side yard shall be 3.6 meters. | |-------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | Maximum floor area and height | All accessory buildings shall not exceed 83.6 m? (900 ft?) in area and shall not exceed 4.0 meters in height from grade level to the underside of the eaves. | | Minimum rear yard | All accessory buildings shall be located a minimum of 0.8 meters from the rear site line except where an accessory building has a door or doors opening onto a lane then it shall not be located less than 2.0 meters from the site line abutting the lane. | - a) Garages, carports, and accessory buildings attached to a principal building by a substantial roof structure shall be considered as part of the principal building and subject to the regulations of the principal building and shall not exceed the square footage of the main floor of the principal dwelling in size. - b) 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 0.3 meters from the side lot line and the roof does not project past the side lot line. - c) A detached private garage is permitted in any side yard or rear yard, provided there is sufficient available space to comply with all other requirements in this Section. - d) All activities related to artisan studios, crafts and workshops shall be conducted within an enclosed building. No exterior storage of materials, goods, or waste products is permitted, except within a waste disposal bin for collection. - e) No attached structure (i.e. deck) shall have a total floor area greater than the main floor area of the principal building. In calculating the main floor area of a principal building, the area of an attached garage shall be excluded. 6. Temporary, fabric covered structures consisting of wood, metal or plastic framing covered on the roof and one or more sides with fabric, plastic, vinyl or other sheet material shall be prohibited on all residential sites or permitted in a rear or side yard. ## 7.6 FENCE AND HEDGE HEIGHT Subject to traffic sight lines, the following height limitations shall apply to fences, walls, chain-link fences and hedges: - a) No hedge, fence or other structure shall be erected past any property line. - b) In a required front yard, to a height no greater than 1.0 meter above grade level. - d) Except permitted accessory buildings, no fence or other structure shall be erected to a height of more than 2.0 meters. - c) In a required rear yard, to a height no greater than 2.0 meters above grade level. ## 7.7 SIGNAGE - a) One permanent sign is permitted per site. The facial area of a sign shall not exceed 0.5 m'. - b) In the case of a home occupation, an additional permanent sign is permitted in a window of a dwelling; - c) No sign shall be located in any manner that may obstruct or jeopardize the safety of the public; - d) Temporary signs not exceeding 1.0 m' advertising the sale or lease of the property or other information relating to a temporary condition affecting the property are permitted. ## 7.8 OUTSIDE STORAGE - a) No outdoor storage shall be permitted in the required front yard of any residential site. - b) Council may apply special standards as a condition or for a discretionary use approval regarding the location of areas used for storage for that use. - c) No wrecked, partially dismantled or inoperable vehicle or machinery shall be stored or displayed in any required yard. No yard shall be used for the storage or collection of hazardous material. - e) Provision shall be made for the owner of the property to temporarily display a maximum of either one (1) vehicle or recreational vehicle in operating condition that is for sale at any given point in time. - d) Council may require special standards for the location setback or screening of any area devoted to the outdoor storage of vehicles in operating equipment and machinery normally used for the maintenance of the residential property, vehicles or vehicular parts. ## 8. VILLAGE CENTRE COMMERCIAL DISTRICT - C1 The purpose of the Village Centre Commercial District (C1) is to continue to encourage a "downtown" experience by providing pedestrian oriented commercial activities and service. No person shall within any C1-Village Centre Commercial District, use any land, or erect, alter or use any building or structure except in accordance with the following provisions. ## 8.1 PERMITTED USES - a) Banks, credit unions, and other financial institutions; 2. Administrative offices; - c) Barbers, hairdressers, and other similar personal services establishments; - e) Restaurants, cafes, coffee shops, and other similar fast food services; confectionaries and delicatessens; - d) Medical, dental, and other health care offices and clinics or health services; - f) Storefront retail stores, bakeries, butcher shops, and similar food processing with on-site retail sales; - g) Commercial and public recreational establishments such as bowling alleys, arcades and fitness centres; - h) Licensed premises for the sale and consumption of alcoholic beverages; - i) Public Transportation depots; - j) Outdoor markets and concessions (permanent, seasonal, or occasional); - k) Rooming houses; - 1) Small-scale repair trades, craft shops and studios, craftspeople and similar trades, including retail sales of art and craft products; - m) Storefront Construction trades without yards; - n) Buildings, structures or uses accessory to and located on the same site as the principal building or permitted use; - o) Public works buildings, offices and structures excluding warehouses, storage yards, and waste management or sewage facilities. - p) Garden centres or commercial greenhouses; ## 8.2 DISCRETIONARY USES The following may be permitted in the C1- Village Centre Commercial District but only by resolution of Council and only in locations specified by such resolution of Council. Discretionary use requirements - a) Dwellings attached to and behind, or above, commercial establishments; - b) Other innovative commercial uses consistent with street level retail and services. ## 8.3 SITE DEVELOPMENT REGULATIONS ## Commercial uses Minimum site area 225 m? | Minimum site frontage | 7.5 meters | |--------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | Minimum site coverage | 75% | | Minimum front yard | No requirement | | Minimum rear & side yard | No requirement except when the side site line directly abuts any Residential or Community Service District or abuts a public street, then the minimum side yard shall be 1.5 meters. | ## 8.4 ACCESSORY BUILDINGS Setbacks for accessory buildings shall meet the same requirements as the principal use or building. ## 8.5 SIGNAGE Signs and billboards shall be prohibited in the C1 - Village Centre Commercial District except for signs advertising the principal use of the premises or the principal products offered for sale on the premises. Permitted signs shall be subject to the following requirements: - a) No sign shall be located in any manner that may obstruct or jeopardize the safety of the public; - b) The facial area of a sign shall not exceed 4.0 m2; - c) Temporary signs not exceeding 1.0 m' advertising the sale or lease of the property, or other information relating to a temporary condition affecting the property, are permitted. - d) 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. ## 8.6 PARKING Off-street parking requirements shall be provided in accordance with the following: <!-- image --> | commercial Use | No requirement | |------------------|---------------------------------------------------| | Boarding House | 1 parking space per room available for occupation | | All other uses | No requirement | ## 8.7 LANDSCAPING Where a site abuts any Residential District without an intervening lane, there shall be a strip of land adjacent to the abutting site line of not less than 1.5 meters in width throughout which shall not be uses or any purpose except landscaping ## 8.8 SUPPLEMENTARY REGULATIONS ## 8.8.1 Dwelling Units: - a) Dwelling Units are permitted as long as the principal use is undergoing; - b) Dwelling units shall have a floor area smaller than or equal to the floor area in commercial 3. Minimum floor area for each dwelling unit shall be 45 m2; - d) All dwelling units shall have an entrance separate from that of the commercial establishment; - e) Dwelling units shall be located above or at the rear and attached to the principal commercial use; and - f) Accessory residential uses shall conform to the Provincial Public Health and Fire Regulations. ## 9. HIGHWAY COMMERCIAL/INDUSTRIAL DISTRICT - C2 The purpose of the Highway Commercial /Industrial District (C2) is to facilitate a wide range of commercial, industrial and related activities located along the highway. No person shall within a C2 - Highway Commercial/Industrial District use any land, or erect, alter or use any building or structure except in accordance with the following provisions. ## 9.1 PERMITTED USES - a) Accessory Uses, including integrated or complementary uses, buildings or structures accessory to and located on the same site as the principal building or use; - b) Business and/or professional offices; - c) Motels or motor hotels, including a dwelling for caretakers, owners, or managers; - e) Service stations and other establishments for the servicing, storage and sale of motor vehicles, trailers, recreation, and car washes; - d) Licensed premises for the sale and consumption of alcoholic beverages; - f) Commercial Cardlock operations, auto body shops; - g) Industrial Parks containing a combination of permitted uses; - h) Manufacturing, fabricating, processing, assembly, finishing, production or packaging of materials, goods or products excluding any hazardous materials; - i) Construction and other contractors, industrial trades, workshops, yards, plants, and/or offices, manufacturing and sales; 10. Warehousing and supply depots; - k) Farm and Industrial machinery equipment and vehicle sales and service; - 1) Trucking operations including truck and trailer parking lot - m) Semi-Trailer and Container Parking Lot including Sea Containers. - n) Oilfield supply and service establishments; - 0) Lumber and building supply establishments; - p) Construction of RTM homes or agricultural building assembly area; 17. Commercial Recycling Depots; 18. г) Animal hospitals, or clinics and offices of veterinary surgeons; 19. Public works buildings and structures including offices, warehouses, storage, and yards, but excluding waste management or sewage facilities. ## 9.2 DISCRETIONARY USES The following uses may be permitted in the C2- Commercial/Industrial District but only by resolution of Council and only in locations specified in such resolution of Council. Discretionary use requirements can be found in Section 5. - a) Bulk petroleum sales and storage; 2. Stockyards and auction marts; 3. Salvage yards and auto wreckers; 4. Grain Elevators, Seed Cleaning plants, feed mills and flour mills; 5. Meat Processing Plants/Abattoirs; - f) Fertilizer sales and storage; - g) Cement manufacturing; - h) Aggregate material storage or handling operations. - i) Wind Energy Facilities; ## 9.3 SITE DEVELOPMENT REGULATIONS | Permitted Uses (other than Motels and Service Stations) | Permitted Uses (other than Motels and Service Stations) | |-----------------------------------------------------------|--------------------------------------------------------------------------------------------| | Minimum site area | 900 m? There shall be no minimum site development requirements for public works buildings. | | Minimum site frontage | 30.0 meters | | Minimum front yard | 6.0 meters | | Minimum side yard | 3.0 meters | | Minimum rear yard | 6.0 meters | | | Motels | Service Stations | |-----------------------|-------------|--------------------| | Minimum site area | 1600 m? | 900 m? | | Minimum site frontage | 30.0 meters | :30.0 meters | | Minimum front yard | 15 meters | 7.5 meters | | Minimum side yard | 3.0 meters | 3.0 meters | | Minimum rear yard | 6.0 meters | 6.0 meters | ## 9.4 ACCESSORY BUILDINGS - a) Setbacks for accessory buildings shall meet the same requirements as the principal use or - b) Temporary, fabric covered structures consisting of wood, metal or plastic framing covered on the roof and one or more sides with fabric, plastic, vinyl or other sheet material shall be permitted in a required rear or side yard. ## 9.5 FENCE AND HEDGE HEIGHT - a) Screen fences shall be consistent and complement the quality of building design and materials of the primary building. Screening shall be provided where a lot used for commercial or industrial purposes abuts a residential district without an intervening street or land. Such screening shall consist of a solid fence, hedge, or wall over 1.5 meters in heigh in a side or rear yard and over 0.75 meters in a front yard. 2. No fence in a commercial or industrial zone shall exceed 2.4 meters. - c) No barbed wire, or razor wire fences shall be allowed in this District. ## 9.6 LANDSCAPING - a) A landscaped strip of not less than 3.0 meters in width throughout lying parallel and abutting the front site line shall be provided on every site. - b) On corner lots, in addition to the landscaping required in the front yard, the whole of any required side yard abutting the flanking street shall be landscaped. - c) Where a site abuts any Community Service or Residential District without an intervening land, there shall be a strip of land adjacent to the abutting site line of not less than 3.0 meters in width throughout which shall not be used for any purpose except landscaping. ## 9.7 PARKING REQUIREMENTS | Stores and offices | 1 parking space for every 50 m' of gross floor area | |----------------------------------------|-------------------------------------------------------| | Motels, motor hotels or hotels | 1 parking space for each unit | | Service stations | 1 ½ parking spaces for each service bay | | Warehouses or manufacturing activities | 1 parking space for each 90 m' of gross floor area | | All other uses | 1 parking space for each 75 m? of building floor area | ## 9.8 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 17m?. <!-- image --> | Gross Floor Area | Minimum Number of Loading Spaces | |--------------------|-------------------------------------| | 93 m to 1300m2 | 1 space | | 1300m to 2500m? | 2 spaces | | <2500m2 | 2 spaces + 1 space for each 2500 m' | ## 9.9 SIGNAGE Signs and billboards shall be prohibited in the C2 Highway Commercial District except for signs advertising the principal use of the premises or the principal products offered for sale on the premises. Permitted signs shall be subject to the following requirements: - a) One permanent sign is permitted per site. The facial area of a sign shall not exceed 4.0 m?; - b) No sign shall be located in any manner that may jeopardize public safety; 3. Temporary signs not exceeding 1.0 m 2 advertising the sale or lease of the property or other information relating to a temporary condition affecting the property are permitted. - d) 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. ## 9.10 OUTSIDE STORAGE - a) No outdoor storage shall be permitted in the required front yard of any commercial or industrial site. - b) Council may apply special standards as a condition or for a discretionary use approval regarding the location of areas used for storage for that use. - c) No wrecked, partially dismantled or inoperable vehicle or machinery shall be stored or displayed in any required yard. No yard shall be used for the storage or collection of hazardous material. - d) Council may require special standards for the location setback or screening of any area devoted to the outdoor storage of vehicles in operating equipment and machinery normally used for the maintenance of the property, vehicles or vehicular parts. ## 9.11 SUPPLEMENTARY REGULATIONS ## 9.11.1 Service Stations - a) Where service stations occupy a corner site, only one access point shall be located on the flankage, located a minimum of 6.0 meters from the intersection. - b) Fuel pumps and other accessory equipment shall be located not less than 6.0 meters from any street or site line. 3. All automobile parts, dismantled vehicles, and similar articles shall be stored within a building or screened to the satisfaction of Council. - d) Service Stations shall locate underground storage tanks in accordance with The Fire Protection Act. - e) Propane and natural gas pumps (retail or wholesale) shall be set back according to Provincial regulations. - f) Access/egress points shall not be continuous along a street and shall be at least 10.0 meters apart. - g) Vehicles and parts storage shall not locate in any yard abutting a road and must be screened from view by a solid fence with the location, height and materials being first approved by the development officer. ## 9.11.2 Salvage Yards and Auto Wrecker Operations - a) This includes salvage yards, auto wreckers, auto repair shop, body shops and similar uses, all savage vehicles and materials, vehicles waiting repair, salvage or removal and similar uses. - b) No vehicles or parts thereof shall be located in the front yard. 3. All salvage yards shall be totally hidden from the view of the travelling public, provincial highways, any public road and adjacent residential development by utilizing any of the following measures: - i. distance and careful location, - ii. natural or planted vegetation, '52° - ili. an earth berm, - iv. an opaque fence, - v. a building, - vi. other appropriate methods approved by Council. ## 9.12 PERFORMANCE STANDARDS An industrial operation including production, processing, cleaning, testing, repairing, storage or distribution of any material shall conform to the following standards: - a) Noise - emit no noise of industrial production audible beyond the boundary of the lot on which the operation takes place; - b) Smoke - no process involving the use of solid fuel is permitted; - c) Dust or ash - no process involving the emission of dust, fly ash or other particulate matter is permitted; - d) Odor - the emission of any odorous gas or other odorous matter is prohibited; - e) Toxic gases - the emission of any toxic gases or other toxic substances is prohibited; - f) Glare or heat - no industrial operation shall be carried out that would produce glare or heat noticed beyond the property line of the lot; - g) External storage - external storage of goods or material is permitted if kept in a neat and orderly manner or suitably enclosed by a fence or wall to the satisfaction of the authority having jurisdiction. No storage shall be permitted in the front yard; - h) Industrial wastes - waste which does not conform to the standards established from time to time by Village Bylaws shall not be discharged into any Village sewers. - i) The onus of proving to Council's satisfaction that a proposed development does and will comply with these requirements rests with the developer. ## 10. MIXED USE DISTRICT - MU No person shall within any MU-Mixed Use District, use any land, or erect, alter or use any building or structure except in accordance with the following provisions. ## 10.1 PERMITTED USES - a) One single detached dwelling; - b) Live/Work dwelling units or multiple unit dwellings in conjunction with and attached to any other permitted use attached to and behind, or above, commercial establishments. - c) Uses, buildings and structures accessory to and located on the same site as the principal building or permitted use; - d) Detached garages; 5. Artisan studios, craft and workshops; - f) Personal services establishments; - g) Home Based Businesses and Occupations; - h) Outdoor markets and concessions (permanent, seasonal, or occasional) - i) Restaurants, tea houses, coffee shops - j) Storefront retail stores and outlets; and, - k) Small-scale repair trades such as tailors, jewelers, art and hand craft shops and studios, craftspeople and similar trades, including retail sales of art and craft products. ## 10.2 DISCRETIONARY USES The following uses may be permitted in the MU- Mixed Use District but only by resolution of Council and only in locations specified in such resolution of Council. Discretionary use requirements can be found in Section 5. - a) Veterinary services and the boarding of animals; - b) Painting, repairing, or selling motor vehicles or machinery - c) Child and Adult Day Care - d) Activities utilizing large power tools and machinery, or activities involved in the mass production of similar items or products. ## 10.3 PROHIBITED USES - a) All uses of land, buildings, and industrial process that may be noxious or injurious, or constitute a nuisance beyond the building which contains it by reason of the production or emission of dust, smoke, refuse, matter, odour, gas, fumes, noise vibration or other similar substances or conditions; - b) Junk and auto salvage yards, automobile wrecking yards, and other similar uses. <!-- image --> ## 10.4 SITE DEVELOPMENT REGULATIONS | Permitted Uses | | |------------------------|------------------------------------------------------------------------------| | Minimum site area | 223 m' with a lane or 604 m' without a lane | | Minimum floor area | 75 m2 | | Minimum site frontage | 15.0 metres with a lane or 20.0 metres without a lane | | Height | 9.0 metres for the Principal building and 5.0 metres for accessory buildings | | Maximum site coverage | 40% | | Minimum front yard | 8.0 metres | | Minimum rear yard | 7.5 metres | | Minimum side yard | 1.2 metres unless on a corner site than the side yard shall be 6.0 metres | | Minimum parking spaces | 2 | ## 10.5 DWELLING UNITS - Dwelling units shall have a floor area smaller than or equal to the floor area in commercial use. - c) All dwelling units shall have an entrance separate from that of the commercial establishment. - b) Minimum floor area for each dwelling unit shall be 45 m?. - d) Dwelling units shall be located above or at the rear and attached to the principal commercial use. - e) Accessory residential uses shall conform to the Provincial Public Health and Fire Regulations. ## 10.6 LIVE/WORK UNITS The following development standards shall apply to all Live/Work units: - a) Work associated with a live/work unit shall be conducted entirely indoors, and shall not be undertaken in any attached garage space necessary for required parking; - b) There shall be no exterior storage on the site in relation to the live/work unit, and no exterior alterations shall be permitted that are not consistent with the residential character of the buildings and property; - c) No noise, vibration, smoke, dust, odours, heat, glare, electrical, television or radio interference detectable beyond the boundaries of the dwelling containing the live/work unit shall be produced; - d) The size and nature of the workspace shall be limited so that the building type may be governed by applicable building codes; - e) The dwelling component of the live/work unit shall be not less than 30% of the gross floor area of the live/work unit. Any attached garage space necessary for required parking shall be excluded from the gross floor space ratio calculation. ## 10.7 ACCESSORY BUILDINGS - a) All accessory buildings shall be set back a minimum of 7.0 meters from the front site line, 1.2 meters from the principal building, and 0.8 meters from the side site line unless the side site line is an abutting street then the side yard shall be 3.6 meters. - b) All accessory buildings shall not exceed 83.6 m' (900 ft2) in area. - c) All accessory buildings shall be located a minimum of 0.8 meters from the rear site line except where an accessory building has a door or doors opening onto a lane then it shall not be located less than 1.5 meters from the site line abutting the lane. - d) All activities related to artisan studios, crafts and workshops shall be conducted within an enclosed building. No exterior storage of materials, goods, or waste products is permitted, except within a waste disposal bin for collection. ## 10.8 SIGNAGE - a) One permanent sign is permitted per site; - b) In the case of a home occupation, an additional permanent sign is permitted in a window of a dwelling, affixed to the dwelling or accessory building or free standing on the property at least 3 meters in from any lot line; - c) The facial area of a sign shall not exceed 0.5 m2; - d) No sign shall be located in any manner that may obstruct or jeopardize the safety of the public; - e) Temporary signs not exceeding 1.0 m' advertising the sale or lease of the property or other information relating to a temporary condition affecting the property are permitted. ## 11. COMMUNITY SERVICE DISTRICT - CS The purpose of the Community Service District is to provide areas for a wide range of community service related activities including social, recreational, institutional, parks and public service. <!-- image --> 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. ## 11.1 PERMITTED USES - a) Educational facilities; - b) Lodges, social clubs, service clubs; - d) Places of Worship and Assembly Halls; 4. Municipal offices, libraries, historic and cultural institutions, community halls; - e) Child and Adult Child Daycare; 6. Health facilities and Special Care Homes; - g) Accessory buildings, structures and uses located on the same site with the main use; - h) Recreational - sports fields, parks, playgrounds, curling rinks, skating rinks, tennis courts, lawn bowling greens, swimming pools, and other similar uses. More than one recreational use may be permitted per site; 9. Natural and nature-like open areas; 10. Community Gardens; - k) Pedestrian trails and bicycle pathways; - 1) Skateboard parks or bmx bike-terrain; - m) Scenic lookout and interpretation facilities, rest stops, and other public trail facilities; - n) Buildings, structures, or uses secondary or subordinate to, and located on the same site as, the principal use, shall be considered accessory uses and, may include commercial uses; - 0) 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. - p) Theatres, assembly halls, places of worship, service clubs; - q) Libraries, galleries, museums, and other similar cultural institutions; - r) Public Transportation Depot. ## 11.2 DISCRETIONARY USES The following may be permitted in the Community Service District only by resolution of Council and only in locations specified in such resolution of Council. Discretionary use requirements can be found in Section 5. - a) Golf courses, auto race tracks, horse race tracks, or other very large or very intensive use facilities; 2. Communication Towers; 3. Wind Energy Facilities; - d) Campgrounds including RV Parks. ## 11.3 SITE DEVELOPMENT REGULATIONS | Permitted Uses | Permitted Uses | |-----------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------| | Minimum site area | 450 m' | | Minimum site frontage | 15 meters | | Minimum front yard | 6.0 meters | | Minimum rear yard | 6.0 meters except where the rear site line abuts a Residential District without an intervening street or lane, at least 7.5 meters shall be provided. | | Minimum side yard | 50% of the height of the building or 3.0 meters, whichever is greater | | Skating, curling rinks and swimming pools | Skating, curling rinks and swimming pools | |---------------------------------------------|----------------------------------------------------------------------------------------| | Minimum site area | 1200 m2 | | Minimum site frontage | 20 meters | | Minimum front yard | 7.5 meters | | Minimum rear yard | 7.5 meters | | Minimum side yard | provided 1.5 meters except on a corner site abutting a street then 3.6 meters shall be | | Accessory Buildings | | |-----------------------|--------------------------------------------------------------------------------------------------------------------------------------------------| | Minimum front yard | 7.5 meters | | Principal Building | All accessory buildings shall be set back 1.2 meters from the principal building. | | Minimum side yard | 0.8 meters unless the side site line is an abutting street then the side yard shall be 3.6 meters | | Minimum rear yard | All accessory buildings with a door or doors opening onto a lane shall not be located less than 2.0 meters from the site line abutting the lane. | ## 11.4 SIGNAGE - a) One permanent sign is permitted per site. The facial area of a sign shall not exceed 4.0 m?. - b) Billboards are prohibited except for one information sign for each building or use and those bearing notices of special events and activities, or other information, relating to a temporary condition affecting the site and shall not exceed 1.0 m? in size. - c) Temporary signs advertising product prices or sales, special events related to retail and service activities, or advertising community or charity activities or events are permitted. ## 11.5 PARKING Off - street parking requirements shall be provided in accordance with the following. | Elementary School | 1 parking space for each staff member | |------------------------------------------------------|---------------------------------------------------------| | Churches and Places of Assembly | 1 parking space for each 50 m' of floor area | | Special care homes | 1 parking space for each bed | | Institutional buildings, private clubs and lodges | 1 parking space for each 50 m' of floor area | | Recreational buildings, sports facilities and fields | 1 parking space for each of every then patrons or seats | ## 11.6 LANDSCAPING - a) A landscaped strip of not less than 3.0 meters in width throughout lying parallel and abutting the front site line shall be provided on every site. - b) On corner lots, in addition to the landscaping required in the front yard, the whole of any required side yard abutting the flanking street shall be landscaped. - c) Where a site abuts any Residential District without an intervening land, there shall be a strip of land adjacent to the abutting site line of not less than 1.5 meters in width throughout which shall not be used for any purpose except landscaping. ## 12. FUTURE URBAN DEVELOPMENT DISTRICT - FUD The purpose of this District is to limit development that may affect future growth of the Village by providing for temporary and transitional uses and activities. <!-- image --> No person shall within any FUD District use any land, or erect, alter or use any building or structure, except in accordance with the following provisions: ## 12.1 PERMITTED USES - a) Agricultural crop production and horticultural uses and buildings and structures customarily accessory to the use; - b) Commercial greenhouses, market gardens, and sod farms; - d) Recreational uses and sports grounds; 4. Uses, buildings and structures accessory to the principal building or use; - e) Recreational Vehicle Storage yards; - f) Public works buildings and structures including offices, warehouses, storage, yards, and waste management or sewage facilities; - g) Uses in existence when this Bylaw comes into force. ## 12.2 DISCRETIONARY REGULATIONS The following uses may be permitted in the FUD - Future Urban Development District only by resolution of Council and only in locations specified by Council. Discretionary use requirements can be found in Section 5. - a) One single detached dwelling and buildings accessory to the principal use and occupied by the owner, manager or caretaker of the principal use; - b) Home occupations(Home Based Businesses); - c) Large Accessory buildings; - d) Cemeteries; - e) Wind Energy Facilities. ## 12.3 SITE DEVELOPMENT REGULATIONS | Minimum site area | 1 hectare | |-----------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | Minimum site frontage | 25 meters | | Minimum front yard | All building shall be set back a minimum of 60 meters from the centre line of any municipal road allowance or Provincial highway and/or a minimum of 90 meters from the intersection of the centre lines of any municipal roads or Provincial highway. | | Minimum rear yard | 15.0 meters or 25% of the depth of the site whichever is the lesser | | Minimum side yard | 15.0 meters except where a side yard abuts a municipal road allowance or a provincial highway, the front yard requirements shall apply | | Minimum side yard | 15.0 meters except where a side yard abuts a municipal road allowance or a provincial highway, the front yard requirements shall apply | <!-- image --> ## 55.0 meters from the centre line of a Provincial Highway 46.0 meters from the center line of a municipal road ## 12.3.1 Residential Acreage parcels may be exempted from these requirements: - a) In the case of a parcel physically severed as a result of road right-of-way or railway plans, drainage ditch, pipeline or transmission line, development, or natural features such as watercourses, water bodies there shall be no maximum site area. Existing residential parcels may be enlarged to include adjoining land physically severed as a result of the above noted barriers; - b) In the case of a parcel that existed prior to the adoption of this Bylaw there shall be no minimum or maximum site area. ## 12.4 SIGNAGE - a) One permanent sign is permitted per site. The facial area of a sign shall not exceed 1.0 m? - b) In the case of a home occupation, an additional permanent sign is permitted; 3. No sign shall be located in any manner that may obstruct or jeopardize the safety of the public; - d) Temporary signs not exceeding 1.0 m2 advertising the sale or lease of the property or other information relating to a temporary condition affecting the property are permitted. ## 13. ADOPTION AND MINISTERIAL APPROVAL This Bylaw is adopted pursuant to Section 46 and 75 of The Planning and Development Act. 2007, and shall come into force on the date of final approval by the Minister. Read a First time this \_ 2013 Read a Second time this \_ 2013 Read a Third time and adopted this \_ 2013 Mayor SEAL Administrator ## APPENDIX "A" - APPLICATION FOR DEVELOPMENT PERMIT ## DEVELOPMENT PERMIT APPLICATION REQUIREMENTS Every Development Permit Application shall include: ## 1.0 Application Form A completed application form. ## 2.0 Site Plan Two copies of a proposed development site plan showing, with labels, the following existing and proposed information (as the case may be): - a. a scale and north arrow, - c. mailing address of owner or owner's representative, - b. a legal description of the site, - d. site lines, - e. Bylaw site line setbacks, - f. front, rear, and side yard requirements, - g. site topography and special site conditions (which may require a contour map), including ponds, streams, other drainage runs, culverts, ditches, and any other drainage features, - i. the location and size of trees and other vegetation, especially natural vegetation, street trees, and mature growth, - h. the location of any buildings, structures, easements, and dimensioned to the site lines, - j. retaining walls, - k. proposed on-site and off-site services, - I. landscaping and other physical site features, - m. a dimensioned layout of parking areas, entrances, and exits, - n. abutting roads and streets, including service roads and alleys, - o. an outline, to scale, of adjacent buildings on adjoining sites, - p. the use of adjacent buildings and any windows overlooking the new proposal, - q. fencing or other suitable screening, - r. garbage and outdoor storage areas, - s. other, as required by the Development Officer or Council to effectively administer this Bylaw. ## 3.0 Building Plan development. A plan showing, with labels, the elevations, floor plan, and a perspective drawing of the proposed ## 4.0 Landscape Plan A landscape plan showing, with labels, the following: - the existing topography; - b. he vegetation to be retained and/or removed; - c. the type and layout of: - i. hard (e.g., structures) and soft (e.g. vegetation) landscaping; - ii. the open space system, screening, berms, slopes; - iii. other, as required, to effectively administers this Bylaw. - d. the types, sizes and numbers of vegetation materials; - e. areas to be damaged or altered by construction activities and proposed methods of restoration; - t. a schedule of site stripping and grading, construction, and site restoration, including methods to be employed to reduce or eliminate erosion by wind, water, or by other means; and - g. historical and archaeological heritage resources and management areas (a Heritage Resource Assessment as prescribed under The Heritage Property Act may be required). ## 5.0 Vicinity Map A vicinity map showing, with labels, the location of the proposed development in relation to the following features within two miles: - a. Nearby municipal roads, highways and railways, - b. Significant physical features, environmentally sensitive areas, and more or less pristine natural areas or features, especially undisturbed grassland, wooded ravines, and water feature or stream courses, - d. Mineral extraction resources and management areas, and 4. Critical wildlife habitat and management areas, - e. Other as required, to effectively administer this Bylaw. ## 6.0 Certificate of Title A copy of the Certificate of Title, indicating ownership and all encumbrances. ## 7.0 Valid Interest Development permit applicants shall be required to provide information, to the Development Officer's or Council's satisfaction, that they have a current, valid interest in the land proposed for development. - a. Proof of current valid interest may include: - i. proof of ownership - ii. an agreement for sale - iii. an offer or option to purchase - v. a lease for a period of more than 10 vears - iv. a letter of purchase - vi. other, as determined and accepted by Council, or the Development Officer. ## 8.0 Site Description - A proposed plan of subdivision prepared by a Saskatchewan Land Surveyor or Professional Community Planner and signed by the registered site owner or appointed agent; - c. Photographic Information - b. A metes and bounds description prepared by the Information Services Corporation, which is accompanied by an accurate sketch; - d. Photographs showing the site in its existing state. 1. Applicant: 9. FOR NEW CONSTRUCTION PROVIDE A DETAILED SITE PLAN, drawn to scale on a separate sheet showing, with labels, the following existing and proposed information: - a scale and north arrow, - a legal description of the site, 5. . mailing address of owner or owner's representative, - site lines, 7. Bylaw site line setbacks, - a) Name: - b) Address: - c) Telephone Number: 2. Registered Owner: as above, or: - a) Name: - b) Address: - c) Telephone Number: 3. Property: Legal Description Section 4. Parcel Size: Dimensions 5. Existing Land Use: Postal Code: Cell phone: \_Postal Code: Cell phone: Reg. Plan No. Area 6. Proposed Land Use/description of Proposed Development: 7. Reasons in support of minor variance (if requested): (attach additional notes if necessary) Proposed date of Commencement: Proposed date of Completion: \_ 8. Other Information: ## Village of Waseca ## Application for a Development Permit and/or Minor Variance - front, rear, and side yard requirements, - site topography and special site conditions (which may require a contour map), including ponds, streams, other drainage runs, culverts, ditches, and any other drainage features, - the location of any buildings, structures, easements, and dimensioned to the site lines, - the location and size of trees and other vegetation, especially natural vegetation, street trees, and mature growth, - proposed on-site and off-site services, - landscaping and other physical site features, - a dimensioned layout of parking areas, entrances, and exits, - abutting roads and streets, including service roads and alleys, - an outline, to scale, of adjacent buildings on adjoining sites, - the use of adjacent buildings and any windows overlooking the new proposal, - fencing or other suitable screening, - garbage and outdoor storage areas, - other, as required by the Development Officer or Council to effectively administer this Bylaw. 10. Mobile Homes: C.S.A.Z240 Approval Number (from Black and Silver Sticker) Mobile Home date of Manufacture: \_ 11. Declaration of Applicant: I, of the in the Province of Saskatchewan, do Solemnly declare that the above statements contained within the application are true, and I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue of "The Canada Evidence Act." I agree to indemnify and hold harmless the Village of Waseca from and against any claims, demands, liabilities, costs and damages elated to the development undertaken pursuant to this application. Date: Signature: ## APPENDIX "B" - NOTICE OF DECISION FOR A DEVELOPMENT PERMIT ## Village of Waseca ## Notice of Decision for a Development Permit or Zoning Bylaw Amendment To: (Applicant) (Address) This is to advise you that your application for a: - [ ] \_Permitted Use or Form of Development, or - [ ] \_Discretionary Use or Form of Development, or - [ ] \_Request for a Zoning Bylaw Amendment, or - [ ] \_Minor Variance Has Been: - [ ] \_ Approved. - [ ] \_Approved subject to conditions or Development Standards, as listed in the attached schedule - [ ] \_Refused for the following reason: Note: If your application has been approved with or without conditions, this form is considered to be the Development Permit granted pursuant to the Zoning Bylaw. If submitting for both a Development Permit and Minor Variance, both application fees will apply to the individual as per the Zoning Bylaw. An application may be appealed given the appeal is based on the decision of the development permit request. An appeal is not allowed if on the bases of appealing a minor variance application. By submitting this application you agree to allow entry onto your property for the purpose of inspecting the development. If an applicant is moving or demolishing a building the applicant shall deposit, with the Village, such a sum as the Council or the Building Inspector considers sufficient to cover the cost of putting the site, after the building has been demolished, in such condition that it is not dangerous to public safety. If and when the site is put in a condition satisfactory to the Council or the Building Inspector, the sum deposited shall be refunded. ## Right of Appeal Please be advised that under Section 59 of The Planning and Development Act, 2007: - [ ] -- you may not appeal the refusal of your application for a use or form of development that is not permitted within the zoning district of the application. - [ ] \_you may NOT appeal the refusal of your application for a discretionary use or form of development - [ ] \_you may NOT appeal the refusal of your application for an amendment to the zoning Bylaw - [ ] \_you MAY APPEAL those standards that you consider excessive in the approval of the discretionary use of form of development, or - [ ] \_you MAY APPEAL the refusal of your application if you feel that the Development Officer has misapplied the Zoning Bylaws in the issuing of this permit. Your Appeal must be submitted in writing within 30 days of the date of this notice to: Secretary, Development Appeals Board Village of Waseca Box 88 Waseca, SK. SOM 3AO Date: Development Officer Note: This Permit expires 12 months from the date of issue. A Building Permit is also required for a building construction or demolition.