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Town of Wolseley
Zoning Bylaw
2015
THE TOWN OF WOLSELEY
ZONING BYLAW NO. 2-2015
1. Pursuant to Section 45 of The Planning and Development Act, 2007, the Council of the Town of
Wolseley hereby adopts the Zoning Bylaw, identified as Schedule "A" to this bylaw.
2. The Mayor and Town Administrator are hereby authorized to sign and seal Schedule "A" which
is attached to and forms part of this bylaw.
3. That Bylaw No.3-83, known as the Zoning Bylaw and all amendments thereto, is hereby
repealed.
4. This bylaw shall come into force on the date of final approval by the Minister of Government
Relations.
Read a first time this
day of
20___
Read a second time this
day of
20___
Read a third time and passed this
day of
20___
______________________________
MAYOR
SEAL
______________________________
ADMINISTRATOR
THE TOWN OF WOLSELEY
ZONING BYLAW
SCHEDULE "A" to BYLAW NO. 2-2015
______________________________
MAYOR
SEAL
______________________________
ADMINISTRATOR
1
TABLE OF CONTENTS
1.
Introduction .......................................................................................................................................... 6
1.1
Authority ....................................................................................................................................... 6
1.2
Title ............................................................................................................................................... 6
1.3
Purpose ......................................................................................................................................... 6
1.4
Scope ............................................................................................................................................. 6
1.5
Severability .................................................................................................................................... 6
2.
Definitions ............................................................................................................................................. 7
3.
Administration and Interpretation ..................................................................................................... 17
3.1
Development Officer ................................................................................................................... 17
3.2
Council ......................................................................................................................................... 17
3.3
Application For A Development Permit ...................................................................................... 17
3.4
Development Not Requiring A Permit ........................................................................................ 18
3.5
Interpretation.............................................................................................................................. 18
3.6
Comprehensive Development Review ........................................................................................ 18
3.7
Development Permit Procedure ................................................................................................. 19
3.8
Development Permit: Validity ..................................................................................................... 20
3.9
Development Permit Applications Fees ...................................................................................... 20
3.10
Fee For Zoning Amendment Application .................................................................................... 20
3.11
Concurrent Processing Of Development Permits, Building Permits And Business Licenses ...... 21
3.12
Referral Under The Public Health Act ......................................................................................... 21
3.13
Development Appeals Board ...................................................................................................... 21
3.14
Minor Variances .......................................................................................................................... 22
3.15
Non-Conforming Building Uses And Sites ................................................................................... 23
3.16
Development Permit - Invalid .................................................................................................... 23
3.17
Cancellation ................................................................................................................................ 23
3.18
Stop-Work ................................................................................................................................... 24
3.19
Bylaw Compliance ....................................................................................................................... 24
3.20
Registering in Interests ............................................................................................................... 24
3.21
Moving Of Buildings .................................................................................................................... 24
3.22
Temporary Development Permits ............................................................................................... 24
3.23
Development Levy Agreements .................................................................................................. 24
3.24
Servicing Agreements ................................................................................................................. 24
4.
General Regulations ............................................................................................................................ 26
4.1
License, Permits, And Compliance With Other Bylaws And Legislation ..................................... 26
4.2
Principal Use Established ............................................................................................................ 26
2
4.3
Multiple Uses .............................................................................................................................. 26
4.4
Uses Permitted in All Zoning Districts ......................................................................................... 26
4.5
Number of Principal Buildings on a Site ...................................................................................... 26
4.6
Accessory Buildings, Uses and Structures ................................................................................... 26
4.7
Front Yard Reduction .................................................................................................................. 27
4.8
Frontage for Irregular Sites ......................................................................................................... 27
4.9
Permitted Yard Encroachments .................................................................................................. 27
4.10
Grading And Leveling Of Sites ..................................................................................................... 27
4.11
Height Of Buildings...................................................................................................................... 27
4.12
Heritage Properties ..................................................................................................................... 28
4.13
Signage On Natural And Human Heritage Sites .......................................................................... 28
4.14
Buffer Strips ................................................................................................................................ 28
4.15
Closings ....................................................................................................................................... 28
4.16
Satellite Dishes ............................................................................................................................ 28
4.17
Private Garages, Sunrooms, Solariums, and Greenhouses ......................................................... 28
4.18
Trailers, Box Cars, Shipping Containers ...................................................................................... 28
4.19
Swimming Pools .......................................................................................................................... 29
4.20
Disposal Of Wastes ..................................................................................................................... 30
4.21
Solid And Liquid Waste Disposal Facilities .................................................................................. 30
5.
Discretionary Use Standards for Development .................................................................................. 31
5.1
Home Occupations ...................................................................................................................... 31
5.2
Secondary Suites ......................................................................................................................... 32
5.3
Modular Homes .......................................................................................................................... 32
5.4
Bed And Breakfast Homes .......................................................................................................... 32
5.5
Child Day Care Centres And Pre-Schools .................................................................................... 33
5.6
Adult Day Care Centres ............................................................................................................... 33
5.7
Residential Care Homes .............................................................................................................. 33
5.8
Campgrounds .............................................................................................................................. 33
5.9
Above Ground Fuel Storage Tanks .............................................................................................. 34
5.10
Wind Energy Facilities ................................................................................................................. 35
6.
Zoning Districts and Zoning Maps ....................................................................................................... 37
6.1
Zoning Districts ........................................................................................................................... 37
6.2
The Zoning District Map .............................................................................................................. 37
6.3
Boundaries of Zoning Districts .................................................................................................... 37
6.4
Holding Designation .................................................................................................................... 37
3
7.
Residential District - R1 ...................................................................................................................... 38
7.1
Permitted Uses ............................................................................................................................ 38
7.2
Discretionary Uses ...................................................................................................................... 38
7.3
Site Development Regulations .................................................................................................... 38
7.4
Accessory Building ...................................................................................................................... 39
7.5
Fence And Hedge Height ............................................................................................................. 40
7.6
Signage ........................................................................................................................................ 41
7.7
Parking ........................................................................................................................................ 41
7.8
Outside Storage........................................................................................................................... 41
7.9
Standards for Discretionary Uses ................................................................................................ 42
8.
Residential Multiple Dwelling District - R2 ......................................................................................... 43
8.1
Permitted Uses ............................................................................................................................ 43
8.2
Discretionary Uses ...................................................................................................................... 43
8.3
Site Development Regulations .................................................................................................... 43
8.4
Development Standards for Mobile Homes ............................................................................... 45
8.5
Accessory Buildings And Structures ............................................................................................ 46
8.6
Fence And Hedge Height ............................................................................................................. 47
8.7
Signage ........................................................................................................................................ 47
8.8
Parking ........................................................................................................................................ 47
8.9
Outside Storage........................................................................................................................... 48
8.10
Standards for Discretionary Uses ................................................................................................ 48
9.
Town Centre Commercial District - C1 ............................................................................................... 49
9.1
Permitted Uses ............................................................................................................................ 49
9.2
Discretionary Uses ...................................................................................................................... 49
9.3
Site Development Regulations .................................................................................................... 50
9.4
Accessory Buildings ..................................................................................................................... 50
9.5
Signage ........................................................................................................................................ 50
9.6
Parking ........................................................................................................................................ 51
9.7
Landscaping ................................................................................................................................. 51
9.8
Standards for Discretionary Uses ................................................................................................ 51
10. Highway Commercial District - C2 ...................................................................................................... 52
10.1
Permitted Uses ............................................................................................................................ 52
10.2
Discretionary Uses ...................................................................................................................... 52
10.3
Prohibited Uses ........................................................................................................................... 53
10.4
Site Development Regulations .................................................................................................... 53
10.5
Accessory Buildings ..................................................................................................................... 54
4
10.6
Fence And Hedge Heights ........................................................................................................... 54
10.7
Landscaping ................................................................................................................................. 54
10.8
Parking Requirements ................................................................................................................. 55
10.9
Loading Requirements ................................................................................................................ 55
10.10 Signage ........................................................................................................................................ 55
10.11 Outside Storage........................................................................................................................... 56
10.12 Supplementary Regulations ........................................................................................................ 56
10.13 Standards for Discretionary Uses ................................................................................................ 56
11 General Industrial District - IND ......................................................................................................... 58
11.1
Permitted Uses ............................................................................................................................ 58
11.2
Discretionary Uses ...................................................................................................................... 58
11.3
Site Development Regulations .................................................................................................... 59
11.4
Accessory Buildings ..................................................................................................................... 59
11.5
Fence And Hedge Heights ........................................................................................................... 59
11.6
Landscaping ................................................................................................................................. 60
11.7
Parking ........................................................................................................................................ 60
11.8
Loading Requirements ................................................................................................................ 60
11.9
Signage ........................................................................................................................................ 60
11.10 Outside Storage........................................................................................................................... 61
11.11 Standards for Discretionary Uses ................................................................................................ 61
11.12 Performance Standards .............................................................................................................. 61
12 Community Service District - CS ......................................................................................................... 63
12.1
Permitted Uses ............................................................................................................................ 63
12.2
Discretionary Uses ...................................................................................................................... 63
12.3
Site Development Regulations .................................................................................................... 63
12.4
Signage ........................................................................................................................................ 65
12.5
Parking ........................................................................................................................................ 65
12.6
Outdoor Storage ......................................................................................................................... 65
12.7
Landscaping ................................................................................................................................. 65
13. Passive Community Service District - CS2 .......................................................................................... 66
13.1
Permitted Uses ............................................................................................................................ 66
13.2
Site development Regulations .................................................................................................... 66
13.3
Signage ........................................................................................................................................ 66
13.4
Landscaping ................................................................................................................................. 66
5
14. Future Urban Development - FUD ..................................................................................................... 68
14.1
Permitted Uses ............................................................................................................................ 68
14.2
Discretionary Uses ...................................................................................................................... 68
14.3
Site Development Regulations .................................................................................................... 68
14.4
Signage ........................................................................................................................................ 69
14.5
Keeping of Livestock ................................................................................................................... 69
14.6
Supplementary Regulations ........................................................................................................ 69
15. Flood Hazard Overlay - FH .................................................................................................................. 70
15.1
Defining the Boundary ................................................................................................................ 70
15.2
Permitted Uses ............................................................................................................................ 70
15.3
Prohibited Uses ........................................................................................................................... 70
15.4
Site Regulations in the Flood Hazard Areas ................................................................................ 70
15.5
Flood Proofing Regulations ......................................................................................................... 70
6
1.
INTRODUCTION
1.1
AUTHORITY
Under the authority granted by The Planning and Development Act, 2007, the Mayor and Council of the
Town of Wolseley in the Province of Saskatchewan, in open meeting, hereby enact as follows:
1.2
TITLE
This Bylaw shall be known and may be cited as the "Zoning Bylaw" of the Town of Wolseley.
1.3
PURPOSE
1.3.1
The purpose of this Bylaw is to regulate development and to control the use of land in the Town
of Wolseley in accordance with the Town of Wolseley Official Community Plan (OCP) Bylaw 1-
2015.
1.3.2
The intent of this Zoning Bylaw is to provide for the amenity of the area within the Town of
Wolseley (hereinafter referred to as the Town) and for the health, safety, and general welfare of
the inhabitants of Wolseley and area:
a) To minimize land use conflicts;
b) To establish minimum standards to maintain the amenity of the Town;
c) To ensure development is consistent with the physical limitations of the land;
d) To restrict development that places undue demand on the Town for services; and
e) To provide for land-use and development that is consistent with the goals and objectives of
the Town.
1.4
SCOPE
This Bylaw applies to all land located within the boundaries of the Town. All development within the
limits of the Town of Wolseley 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.
7
2.
DEFINITIONS
Whenever the subsequent words or terms are used in the Wolseley Official Community Plan, Bylaw No.
1-2015 and this Bylaw, they shall have the following definition unless the context indicates otherwise.
Abattoir: A facility for butchering or
slaughtering animals, and to dress, cut, inspect
meats, refrigerate, cure and manufacture by-
products.
Accessory: A building or use that:
a) Is subordinate to and serves the
principal building or principal use;
b) Is subordinate in area, mass, extent,
and purpose to the principal
building or principal use served;
c) Contributes to the comfort,
convenience, or necessity of
occupants of the principal building
or assists the principal use;
d) And is located on the same site as
the principal building or use.
Act: The Planning and Development Act 2007,
Province of Saskatchewan, as amended from
time to time.
Adjacent: Contiguous or would be contiguous if
not for a river, stream, railway, road or utility
right-or-way or reserve land; and any other land
identified in this Bylaw as adjacent land for the
purpose of notification.
Administrator: The Administrator of the Town
of Wolseley.
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, though shall not
include the keeping of animals in outdoor pens.
Apartment Block: A building containing three or
more dwelling units as herein defined, each of
which is occupied or intended to be occupied as
1
a permanent home or residence as distinct from
a hotel or rooming house.
Applicant: A developer or person applying for a
Development Permit under this Bylaw or for a
subdivision approval to an approving authority
under The Planning and Development Act 2007.
Attic: That portion of a building situated wholly
or in part within the roof and which is less than
one-half story.
Auto Wrecker: An area where motor vehicles
are 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.
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 traveling public for a charge.
Billboard: A private free standing sign, including
supporting structure, which advertises goods,
products, services, organizations, of facilities
that are available from, located on, or refer to,
a site other than the site on which the sign is
located.
Buffer: A strip of land, vegetation or land use
that physically separates two or more different
land uses.
Building: A structure constructed on, in, or over
land and used for the shelter or
accommodation of persons, animals, goods, or
chattels, and includes any structure covered by
a roof supported by walls or columns.
Building, Accessory: (see Accessory).
Building Bylaw: A Bylaw of the Town of
Wolseley to regulate the erection, alteration,
repair, occupancy, or maintenance of buildings
and structures.
Building Height: the vertical distance of a
building measured from the grade level to the
highest point of the roof.
Building Permit: A permit, issued under the
Building Bylaw of the Town of Wolseley,
authorizing the construction of, or the addition
to, any building, though 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
2
than half the frontage of the block has been
built on.
Bulk Fuel Sales and Storage: Includes land,
buildings, and structure for the storage and
distribution of fuels and oils including retail
sales or key-lock operation.
Business Support Services: Activities intended
to provide administrative, promotional or
technical support for commercial and industrial
activities.
Bylaw: The Town of Wolseley Zoning Bylaw.
Campground: An area used for a range of
overnight camping experiences, from tenting to
serviced trailer sites, including accessory
facilities which support the use, such as
administration offices and laundry facilities,
though not including the use of mobile homes
or trailers on a permanent year-round basis.
Cardlock Operation: A petroleum dispensing
outlet without full-time attendants.
Carport: A building or structure or part thereof,
where at least 40% of the area of the perimeter
is open and unobstructed by a wall, door, post
or pier and which is used for the parking or
storage of motor vehicles.
Cemetery: A cemetery or columbarium within
the meaning of The Cemeteries Act Chapter C-4,
R.S.S. 1981, as amended from time to time.
Club: A group of people organized for a
common purpose, to pursue common goals,
interest or activities, and usually characterized
by certain membership qualifications, payment
of dues or fees, regular meetings, and a
constitution and bylaws.
Commercial Use: The use of land, building(s), or
structure(s) for the purpose of buying and
selling commodities, and supplying professional
and personal services for compensation.
Commercial/Industrial Use, Large Scale:
Commercial or Industrial land uses maintaining
a lineal frontage in excess of 91.0 metres
(298.56 ft.).
Commercial/Industrial Use, Small Scale:
Commercial or Industrial land uses maintaining
a lineal frontage of less than 90 metres (295 ft.).
Community Facilities: Buildings or facilities
used for recreational, social, educational or
cultural activities and that are owned by a
municipal corporation, non-profit corporation
or other non- profit organization.
Compost: Materials used in gardening,
agriculture, landscaping, erosion control,
wetland construction, and landfill cover.
Condominium: Land, buildings, and units,
including private and common property as
defined under The Condominium Property Act.
Conservation: The planning, management and
implementation of an activity with the objective
of protecting the essential physical, chemical
and biological characteristics of the
environment.
Construction Trades: offices, shops and
warehouses, with or without retail sales for
trades associated with construction of
buildings.
Contractors Yard: The yard of a contractor or
company, including landscaping materials used
as a depot for the storage and maintenance of
equipment used by the contractor or company,
and includes facilities for the administration or
management of the business and the
stockpiling or storage of supplies used in the
business.
3
Convenience Store: A store offering for sale
primarily food products, beverages, personal
care items, hardware and printed matter and
which primarily provides a convenient day-to-
day service to residents in the vicinity.
Council: The Council of the Town of Wolseley.
Day Care Centre: An establishment providing
for the care, supervision and protection of
children (or adults) though does not include the
provision for overnight supervision.
Deck: Any raised floor structure at least 0.31
metres (1 ft.) above the average ground level
upon which it is constructed, either adjacent to
a building or free-standing with stairway, ramp,
or similar access.
Development: The carrying out of any building,
engineering, mining, or operations in, on, or
over land, or making of any material change in
the use or intensity of use of any building, or
land, and shall include, but not be limited to,
excavating, filling, grading or drainage of land.
Development Officer: An employee of The
Town appointed by the Administrator to act as
a Development Officer to administer this Bylaw.
Demolition Permit: A permit issued for the
removal or dismantling of a building or
structure within the Town's boundaries as
prescribed under Section 13 of The Uniform
Building and Accessibility Standards Act.
Development Permit: A document issued by
the Council of the Town of Wolseley that
authorizes development pursuant to this Bylaw,
though 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 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, and 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.
4
Semi-Detached Dwelling
Dwelling, Single-Detached: A building
containing only one dwelling unit, and shall not
include a mobile home as herein defined.
Single-Detached Dwelling
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.
Town House Dwelling
Educational Institution: An establishment
dedicated for the purpose of providing
education and instruction in any branch of
knowledge.
Existing: In place, or taking place, or with all
approvals and permits in place on the date of
the adoption of this Bylaw.
Farm Building/Yard: Improvements such as
barns, granaries, etc. used in connection with
the growing and sale of trees, shrubs and sod or
the raising or production of crops, livestock or
poultry, fur production, bee keeping and
situated on a parcel of land used for the farm
operation.
Fence: A structure used to enclose or screen an
area of land.
Fill (Clean Fill): Soil, rock, rubble, or other
Town-approved, non-regulated waste that is
transported and placed on the existing, usually
natural, ground surface.
Flanking: Refers to the side of a lot, parcel or
site.
Flood: A temporary rise in the water level that
results in the inundation of areas not ordinarily
covered by water.
Floodway: The portion of the flood plain
adjoining the channel where the waters in the
1:500 year flood are projected to meet or
exceed a depth of one metre or a velocity of
one metre per second.
Floodproofed: A measure, or combination of
structural and non-structural measures,
incorporated into the design of a structure
which reduces or eliminates the risk of flood
damage to a defined elevation.
Flood Fringe: The portion of the floodplain
where the waters in the 1:500 year flood are
projected to be less than a depth of one metre
or a velocity of one metre per second.
5
Floor Area: The maximum area contained
within the outside walls of a building, excluding
in the case of a dwelling, any private garage,
porch, veranda, open deck, unfinished attic, or
unfinished basement or cellar and in a
commercial or industrial building, any utility
room.
Future Land Use Map: A map which, in its
projections, specifies certain areas for
residential growth and others for industry,
commercial and conservation. The Future Land
Use Map for Wolseley is attached as Appendix
"A" in the Official Community Plan.
Frontage (Lot Frontage): The distance across
the street side of a lot (a lot must front on a
street), between the points where the side lines
of the lot meet the street right of way or
boulevard; or, where a lot is irregular in shape
and is narrowest at the front street end, the
width of the lot shall be measured parallel to
the street line at the centre of the front lot line,
and at a setback from the front lot line no
greater than the minimum permitted building
setback.
Garage, Private: A building or part of a building
used for or intended to be used for the storage
of motor vehicles and wherein neither servicing
nor repairing of such vehicles are carried on for
remuneration.
Garage, Public: A building or place where motor
vehicles are stored or repaired for
remuneration though does not include a car
washing establishment, 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 though with the
support nearby of the extended family.
Gas Bar: A building or place where fuel and
automotive fluids are sold and may be added to
a vehicle on the property, and which may have
a convenience store and/or restaurant.
Grade: The average elevation of the natural
ground level at the walls of a building or
structure as determined by the elevation of the
four outside corners of the building.
Greenhouse, Commercial: A building for the
growing of flowers, plants, shrubs, trees and
similar vegetation that are not necessarily
transplanted outdoors on the same site, but are
sold directly at wholesale or retail from the site.
Greenhouse, Private: A building for the growing
of flowers, plant, shrubs, trees and similar
vegetation that are transplanted outdoors on
the same site containing such greenhouse(s),
and where greenhouse products may not be
offered for sale.
Greenways: A linear park which may
accommodate pathways principally for foot
traffic and/or bicycles. Typically, greenways are
planned along creeks or streams and managed
as natural environments, or bikeways along
landscaped roads.
6
Group Home: (See Personal Care Home).
Hazardous Industry/Substance: A substance
that, because of its quality, concentration or
physical, chemical or infectious characteristics,
either individually or in combination with other
substances on the site, is an existing or
potential threat to the physical environment, to
human health or other living organisms.
Hazard(ous) Land: Land having inherent
environmental hazards; land subject to
flooding, earth movement, or slope instability,
land with poor natural drainage, ground water
seepage, erosion, steep slopes, rock formations,
or other similar features.
Health Service Facility (Health Clinic): A
building or part thereof used by qualified health
service practitioners for the treatment of
human health needs.
Heritage Resource: The history, culture and
historical resources of an area and its residents.
Highway Commercial: Commercial activities
normally located along highways, major
roadways and in other locations considered
strategic by the type of business involved
serving the needs of local residents and the
traveling public.
Highway Sign Corridor: A strip of land parallel
and adjacent to a provincial highway, where
private signs may be permitted to advertise
goods and services of local area businesses and
attractions, as provided by regulations of the
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 Exclusionary Uses: Refers to certain
industrial activities that may be characterized as
exhibiting a high potential for adversely
affecting the safety, use, amenity or enjoyment
of adjacent and nearby industrial and non-
industrial sites due to their scale, appearance,
noise, odour, emissions and hazard
potential. Such activities are considered
exclusionary when the only means of mitigating
the associated negative effects on surrounding
land uses is through spatial
separation. Exclusionary uses would include
but not be limited to the following: Landfill,
Ethanol Plant, Transformer Stations, Uranium
Refineries, Anhydrous Ammonia Storage and
Distribution Centres.
Industrial Use: The use of land, buildings or
structures for the manufacturing, assembling,
processing, fabrication, warehousing or storage
of goods and materials.
Industrial Park: An area of land set aside for
industrial development, usually located close to
transport facilities, especially where more than
7
one transport mode coincides (i.e. highways,
railroads, airports).
Infill Development: Re-development within
existing areas or neighbourhoods.
Institutional Use: The use of land, buildings, or
structures for religious, charitable, educational,
health or welfare purposes and includes
churches, public or private schools, nursery
schools, hospitals, and special care.
Kennel, Boarding: The temporary
accommodation of more than four dogs, cats or
other domestic animals for remuneration.
Kennel, Breeding: The keeping of domestic
animals, male and female, and which are more
than 12 months old, for breeding purposes.
Kennel, Enclosure: An accessory building or
enclosure intended to house one of more
domestic animals.
Landfill: A specially engineered site for
disposing of solid waste on land, constructed so
that it will reduce hazard to public health and
safety.
Landscaped Area: An area not built upon and
not used for any purpose other than as an open
space that may include grass, shrubs, flowers,
trees, and similar types of vegetation and may
contain paths, walks, patios, fences and similar
outdoor amenities, but does not include parking
areas, parking lots, driveways or ramps.
Land Use Zoning District: Divisions identified in
the Zoning Bylaw establishing permitted and
discretionary uses of land or buildings with
attendant regulations.
Lane: A secondary public thoroughfare
intended primarily to give access to the rear or
side of the abutting property.
Livestock: Domesticated animals used primarily
as beasts of burden or for the production of fur,
hides, meat, milk, eggs or other product, or as
breeding stock, though excluding companion
animals.
Live/Work: A dwelling unit, part of which may
be used as a business establishment, where the
dwelling unit is the principal residence of the
business operator.
Live/Work Residential Acreages: A residential
development where the owner's principal
source of income is derived from a source other
than agriculture, and where an on-site
occupation or activity is permitted including the
storage of material and the maintenance of
equipment related to the occupation.
Loading Space: A space, measuring at least 2.5
metres (8.20 ft.) in width and 8.5 metres (27.88
ft.) in depth, located on a lot, and having access
to a street or lane, in which a vehicle may park
to load or unload.
Lot (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% of the public
assembly area in the adjoining restaurant.
Manufacturing Establishment: A firm or
business engaged in the mechanical or chemical
transformation of materials or substances into
8
new products including the assembling of
components parts, the manufacturing of
products and the blending of materials.
Marquee: A roof-like structure of a permanent
nature which projects from the wall of a
building that is independently supported by a
system of columns or piers without walls over
an entrance to a building.
Mayor: The Mayor of the Town of Wolseley.
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. See picture below.
Double-Wide Mobile Home
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 though
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 Home Subdivision: Any subdivision of
land and the development thereof for the
purpose of accommodating mobile homes in
such a manner that each home is situated on its
own site, which shall contain a minimum site
area of 464.50 m² (5000 ft2) and in which all
such sites, public open spaces, internal streets
and lanes, buffer zones and other amenity areas
form a contiguous area of development.
Modular (Manufactured) Home: A residential
dwelling that is constructed off site in a yard or
factory and is, 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 Town, and conforming to Canadian
Standards Association (CSA) Standard A277.
Modular (Manufactured) Home
Modular (Manufactured) Home Subdivision:
Any subdivision of land and the development
thereof for the purpose of accommodating
modular homes in such a manner that each
home is situated on its own site, which shall
9
contain a minimum site area of 464.50 m² (5000
ft2), and in which all sites, public open space,
internal streets, buffer zones, and other
amenity areas form a contiguous area of
development.
Motel or Motor Hotel: A building or buildings
consisting of a number of individual rental units,
intended for the use of the traveling public,
each containing at least a bedroom and
bathroom, and each having convenient access
to a parking space for the use of the occupants
of the units and may or may not provide food
service.
Municipality: The Town of Wolseley.
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, education, and
enjoyment, a collection or artifacts of historical
interest.
Natural Areas: An area relatively undisturbed
by human activities and characterized by
indigenous species including remnant or self-
sustaining areas with native vegetation, water,
or natural features.
Non-Conforming Use: Any use of land, building
or structure lawfully existing or under
construction where permits have been issued at
the time of the passing of this Bylaw, the use of
which does not comply with all the regulations
of this Bylaw governing the Zoning District in
which it is located.
Noxious Use or Condition: Any use or facility
that causes or produces harmful or hazardous
noise, vapours, smoke, dust (particles
suspended in or transported by air), vibrations,
electrical or electromagnetic fields, glare, or
light.
Office or Office Building: A building or part of a
building used primarily for conducting the
affairs of a business, profession, service,
industry or government in which no goods or
commodities of business or trade are stored,
trans-shipped, sold or processed.
Official Community Plan (OCP): The Town of
Wolseley Official Community Plan Bylaw No. 1-
2015.
Open Space: Passive and structural leisure and
recreation areas that enhance the aesthetic
quality and conserve the environment of the
community, including parks, recreation and
tourism nodes, and natural areas.
Parking Lot: An open area, other than a street,
used for the temporary parking of more than
four vehicles, and is available for public or
private use.
Parking Space: A space within a building or
parking lot for the parking of one (1) motor
vehicle, including convenient access to a public
lane or street, and shall be not less than 3.0
metres (10 ft.) wide and 5.5 metres (18 ft.) in
length.
Pasture: A site that is used for the raising and
feeding of livestock by grazing.
Patio: Any hard surface or floor structure less
than 0.3 metres (1 ft.) above the average
ground level upon which it is constructed.
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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,
arranged, developed or intended, or for which
is occupied and/or maintained.
Public Work: : A facility as defined under The
Planning and Development Act, 2007 including a
system, work, plant, equipment, or service,
whether owned or operated by the
Municipality, or by a corporation under Federal
or Provincial statute, that furnishes any of the
following services and facilities to, or for the use
of, the inhabitants of the Town of Wolseley:
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.
Real-Estate Signage: Signage directly associated
with the sale of a property on which it is located
and which maintains a gross surface area of less
than 1.0m² (19.76 ft2).
Recreational Use: The use of land for parks,
playgrounds, tennis courts, lawn bowling
greens, indoor and outdoor skating rinks and
curling rinks, athletic fields, golf courses, picnic
areas, swimming pools, day camps, community
centres and all similar uses, together with the
necessary and accessory buildings and
structures; though does not include the racing
of animals or motorized vehicles.
Recycling and Collection Depot (Community): A
building or structure intended to accommodate
the collection, sorting, processing and
temporary storage of recyclable household
materials such as bottles, cans, plastic
containers, paper and paint that would
otherwise be considered waste. These types of
uses do not include any outdoor processing or
storage.
Re-development: (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
11
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 new single
detached dwelling constructed off-site to
National Building Code or CSA-A277 standards
to be moved onto a new permanent residential
site building foundation.
RTM (Ready to Move) Home
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, cages, rubber tires,
discarded goods, equipment, appliances and/or
machinery.
School: An educational facility under the
jurisdiction of a Board of Education, a college,
university, or any other school established and
maintained either wholly or partially at public
expense, whether or not the same is a boarding
school and includes any dormitory building
accessory to such school.
Sea Container: (See Shipping Container).
Secondary Suite: A self-contained dwelling unit
which is an accessory use to, and located
within, a detached building in which the
principal use is a one unit dwelling.
Self-Service Storage Facility: A commercial
business that rents or leases storage rooms,
lockers, containers, modular storage
units and/or outdoor space, for businesses and
individuals to store and access their goods.
12
Service Station: A site used for the retail sale of
lubricating oils and gasoline, automobile
accessories, and for the servicing and repairing
of motor vehicles essential to the operation of a
motor vehicle; but does not include an auto
body or painting shop, car sales lot, or a car
washing establishment.
Setback: The distance required to obtain the
front yard, rear yard or side yard provisions of
this Bylaw.
Location and measurement of setbacks
Shipping Container: An article of transportation
equipment, including one that is carried on a
chassis, that is strong enough to be suitable for
repeated use and is designed to facilitate the
transportation of goods by one or more means
of transportation and includes but is not limited
to intermodal shipping containers, body of
transport trailer or strait truck box but does not
include a motor vehicle.
Shopping Centre/Strip Mall: A building or
group of buildings located on the same lot or
site, in which four or more of the uses allowed
in the Zoning Districts are located for their
mutual benefit including the use of off-street
parking and other joint facilities.
Short-Term Stay Residential: (See Rooming
House).
Should, Shall or May;
Shall is an operative word which means the
action is obligatory.
Should is an operative word which means
that in order to achieve plan objectives, it is
strongly advised that the action be taken.
May is an operative word meaning a choice
is available, with no particular direction or
guidance intended.
Sign: Any device, letter, symbol, emblem or
picture, that is affixed to or represented directly
or indirectly upon a building, structure, or a
piece of land and that identifies or advertises
any object, product, place, activity, person,
organization, or business in such a way as to be
visible to the public on any street,
thoroughfare, or any other public place.
Sign, Billboard: A private free standing sign,
including supporting structure, which advertises
goods, products, services, organizations, of
facilities that are available from, located on, or
refer to, a site other than the site on which the
sign is located.
Sign, Canopy: A sign attached to, or painted on
an awning, canopy or freestanding canopy.
Sign, Fascia: A sign fastened to, or painted on
the wall of a building or structure in such a
manner that the wall becomes the supporting
structure for, or forms the background surface
of the sign and which does not project more
than 0.5 metres (1.64 ft.) from such building or
structure.
13
Sign, Freestanding: sign, except a billboard,
independently supported and visibly separated
from a building or other structure and
permanently fixed to the ground.
Sign, Height: The vertical distance measured
from the highest point of the sign to grade level
at the centre of the sign.
Sign, Projecting: A sign which is wholly or
partially dependent upon a building for support
and which projects more than 0.5 metres (1.64
ft.) from such building.
Sign, Temporary: A sign which is not
permanently installed or affixed in position,
advertising a product or activity on a limited
time 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, though where
the front and rear site lines are not parallel the
site depth is the length of a line joining the
midpoint of such site lines.
Site, Through: A site other than a corner site,
having separate frontages on two streets. The
front site line of a through site shall be
determined by predetermined building lines.
Site, Width: The horizontal distance between
the side boundaries of the site measured at a
distance from the front lot line equal to the
minimum front yard required for the district in
which the site is located.
Site Line: Any boundary of a site.
Site Line, Front: The line separating the site
from the street; for a corner site, the shorter
line abutting a street; but in the case of a corner
site with two street lines of equal length, the
front site line shall be designated by
predetermined building lines.
Site Line, Rear: The site line at the rear of the
site, opposite the front site line.
Site Line, Side: A site line other than a front or
rear site line.
Site Plan: A plan showing the location of
existing and proposed buildings on a site in
relationship to the site lines.
Special Care Facility (Home): An
institutionalized nursing home, supervisory care
home, sheltered care home or other facility
used for the purpose of providing supervisory
care, personal care, and nursing care.
Special Needs Housing: Multiple unit dwellings
or dwelling groups operated by a non-profit
corporation or public authority and used
14
exclusively for the domestic habitation of senior
citizens, disabled persons, occupants of
subsidized housing, or the cohabitant spouse
and children of persons noted above.
Storey: That portion of a building, other than an
attic or basement, between the upper surface
of any floor and the upper surface of the floor
next above.
Storey, One-Half: That portion of a building
situated wholly or in part within the roof and in
which there is sufficient space to provide a
height between finished floor and finished
ceiling of between 1.6 metres (5.25 ft.) and 2.3
metres (7.55 ft.), over a floor area which is not
less than one-third, nor more than two-thirds,
of the floor area of the story next below.
Stakeholders: Individuals, groups or
organizations who have a specific interest or
"stake" in a particular need, issue situation or
project and may include members of the local
community, community groups or local,
provincial and federal governments.
Street: The whole and entire width of every
highway, public road, or road allowance vested
in Her Majesty in the right of the Province of
Saskatchewan and shown as such on a plan of
survey registered at the Information Services
Corporation (ISC).
Strip Mall (Mini Mall): A building of not more
than 604.0 m2 (6501.61 ft2) in gross floor area in
which a minimum of three (3) and a maximum
of six (6) of the permitted of discretionary uses
of the Zoning District are located together for
their mutual benefit.
Structural Alteration: The construction or
reconstruction of supporting elements of a
building or other structure.
Structure: Anything that is built, constructed or
erected that is located on the ground or
attached to something located on, or in the
ground.
Subdivision: A division of land, and includes a
division of a quarter section into legal
subdivision as described in the regulations
made pursuant to The Land Surveys Act, 2000.
Swimming Pool: Any body of water
permanently located outdoors or indoors,
contained by artificial means and used and
maintained for the purpose of swimming,
wading, or diving and having a depth of 0.61
metres (2 ft.) or more at any point.
Tavern: An establishment, or portion thereof,
where the primary business is the sale of
beverage alcohol for consumption on the
premises, with or without food.
Telecommunication 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.
Town: The Town of Wolseley.
Town Administrator: The Administrator of the
Town of Wolseley.
Trailer (Camping), Motor Home: Any vehicle
designed, constructed or reconstructed in such
a manner as will permit occupancy as a dwelling
or sleeping place for one or more persons,
15
notwithstanding that its running gear is
removed or jacked up, is used or constructed in
such a way as to enable it to be used as a
conveyance upon public streets or highways,
and includes self-propelled and non-self-
propelled vehicles.
Motor Home - Camping Trailer
Trucking Firm Establishment: The use of land,
buildings or structures for the purpose of
storing, servicing, repairing, or loading trucks,
transport trailers and/or buses, but does not
include an automobile service station,
transportation sales or rental outlets.
Use: The activity or purpose for which any land,
building, structure, or premises, or part thereof
is arranged, designed, or intended, occupied, or
maintained.
Used For: Includes "arranged for", "designed
for", "intended for", "maintained for", and
"occupied for".
Utility Shed: An accessory building or structure
used for the storage of goods with a maximum
floor area of 9.29m² (100 ft2).
Warehouse: A building used for the storage and
distribution of wholesale goods and materials.
Waste Disposal Facility, Liquid: A facility to
accommodate any waste which contains
animal, mineral or vegetable matter in solution
or suspension, but does not include a septic
system for a single residence or farmstead, or a
manure storage area for an intensive livestock
operation.
Waste Disposal Facility, Solid: A facility or a
temporary storage facility, used 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.
16
Wind Turbine, Mechanical: An individual
component of a wind energy conversion system
which converts kinetic wind energy to
mechanical energy through motion.
Work Camp: A temporary Industrial or
Construction camp established for the purpose
of providing accommodation for employees,
and without restricting the generality of the
above, the camp is usually made up of a
number of mobile units, clustered in such a
fashion as to provide sleeping, eating and other
basic living facilities.
Yard: Open, uncovered space on the same site
as 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.
17
3.
ADMINISTRATION AND INTERPRETATION
3.1
DEVELOPMENT OFFICER
3.1.1
The Town Administrator of the Town of Wolseley shall be the Development Officer responsible
for the administration of this Bylaw and in their absence by such other employee of the
Municipality as the Council designates from time to time.
3.1.2
The Development Officer shall:
a) Receive, record, and review Development Permit applications and issue decisions in
consultation with Council, particularly those decisions involving subdivision, discretionary
uses, Development Permit conditions, and development and servicing agreements;
b) Maintain, for inspection by the public during office hours, a copy of this Bylaw, zoning maps
and amendments, and ensure that copies are available to the public at a reasonable cost;
c) Make available, for public inspection during office hours, a register of all Development
Permits and subdivision applications and decisions;
d) Collect development fees, according to the fee schedule established in this Bylaw or any
other Development Fee Bylaw adopted by the Town;
e) Perform other duties as determined by Council.
3.1.3
The Development Officer shall be empowered to make a decision regarding a Development
Permit application for a "Permitted use."
3.2
COUNCIL
3.2.1
Council shall make all decisions regarding Discretionary Uses, Development and Servicing
Agreements, and Zoning Bylaw amendments.
3.2.2
Council shall make a recommendation regarding all subdivision applications referred to it by
Saskatchewan Ministry of Government Relations, prior to a decision being made by the Minister.
3.2.3
Council shall act on discretionary use, rezoning, and subdivision applications in accordance with
the procedures established by The Planning and Development Act, 2007 and in accordance with
the Official Community Plan.
3.3
APPLICATION FOR A DEVELOPMENT PERMIT
3.3.1
Unless the proposed development or use is exempt from Development Permit requirements,
before commencing any principle or accessory use development, including a public utility use,
every developer shall:
a) Complete and submit a Development Permit application; and
b) Receive a Development Permit for the proposed development.
3.3.2
A Development Permit shall not be issued for any use in contravention of any of the provisions
of this Bylaw and the Wolseley 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.
3.3.4
A Development Permit shall not be issued unless the lot intended to be used, or upon which a
building or structure is to be erected, abuts, or has frontage on an existing public road.
18
3.4
DEVELOPMENT NOT REQUIRING A PERMIT
3.4.1
RESIDENTIAL ZONING DISTRICTS
a) Buildings and structures under 9.0 m2 (97 ft2) in area, which are accessory to a principle
residential use, except where such a dwelling is a discretionary use.
b) The erection of any fence, wall, gate, television antennae, or radio antennae.
c) Relocation of any residential or accessory building provided developmental standards are
still met of the site.
3.4.2
COMMERICIAL ZONING DISTRICTS
a) Buildings and structures under 9.0 m2 (97 ft2) in area that are accessory to a permitted,
principle, commercial use except where such use is discretionary.
b) The erection of any fence or gate.
c) A temporary building, the sole purpose of which is incidental to the erection or alteration of
a building for which a building permit has been granted.
3.4.3
OFFICIAL USES
Uses and buildings undertaken, erected, or operated by the Town of Wolseley.
3.4.4
INTERNAL ALTERATIONS
Residential Buildings
a) Internal alterations to a residential building, provided that such alterations do not result in a
change of use or an increase in the number of dwelling units within the building or on the
site;
All Other Buildings
b) Internal alterations and maintenance to other buildings, including mechanical or electrical
work, provided that the use, or intensity of use of the building, does not change.
3.4.5
LANDSCAPING
Landscaped areas, driveways and parking lots, provided the natural or designed drainage pattern of the
site and adjacent sites are not adversely impacted.
3.5
INTERPRETATION
a) Where any provision of this Bylaw appears unclear, Council shall make the final Bylaw
interpretation.
b) All Bylaw requirements shall be based on the stated metric units. The imperial units shown in
this Bylaw shall be approximate guidelines only.
3.6
COMPREHENSIVE DEVELOPMENT REVIEW
3.6.1
A Comprehensive Development Review may be completed, prior to consideration of an
application by Council, by any person proposing to rezone land for multi-parcel residential,
commercial or industrial purposes. The purpose of this review is to identify and address social,
environmental, health and economic issues, and to encourage the development of high quality
residential, recreational, commercial, and industrial developments. The scope and required
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detail of the Comprehensive Development Review will be based on the scale and location of the
proposed development, and address such areas as the following:
a) Proposed land use(s) for various parts of the area;
b) The effect on adjacent land uses and integration of the natural landscape regarding the
planning and design of the area;
c) The location of, and access to, major transportation routes and utility corridors;
d) The provision of services respecting the planning for future infrastructure within the
Municipality.
e) Sustainable development and environmental management practices regarding surface and
groundwater resources, storm water management, flooding and protection of significant
natural areas.
f) Appropriate information specific to the particular land use (residential, commercial or
industrial).
3.6.2
The Comprehensive Development Review must be prepared in accordance with overall goals
and objectives of the Wolseley Official Community Plan. Council shall not consider any
development application until all required information has been received. The responsibility for
undertaking all technical investigations and hosting public meetings as required shall be borne
solely by the applicant.
3.7
DEVELOPMENT PERMIT PROCEDURE
Where an application for a Development Permit is made for a permitted use in conformity with this
Bylaw, The Planning and Development Act, 2007, and all other Town Bylaws, the Council shall hereby
direct the Development Officer to issue a Development Permit.
3.7.1
DISCRETIONARY USE APPLICATION
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.
3.7.2
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.
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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 are 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.
3.8.3
Where the Council is satisfied that a development, the permit for which has been suspended or
revoked, will be carried out in conformity with the conditions of the Permit and the
requirements of this Bylaw, the Council may reinstate the Development Permit and notify the
permit holder that the permit is valid and in force.
3.8.4
The Development Officer shall carry out on behalf of the applicant, the advertisement of the
proposed use by posting a notice of the application at the entrance to the property in question
and by mailing a copy of the notice to the assessed owner of each abutting property and each
assessed owner of property within a 75.0 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 APPLICATIONS FEES
3.9.1
An applicant seeking the approval of a Development Permit application shall pay the required
fee as set out in a separate Development Fee Bylaw of the Town.
3.9.2
There shall be no Development Permit application fee for 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 as set out in a
separate Development Fee Bylaw of the Town.
3.9.4
The Development Officer shall carry out on behalf of the applicant, the advertisement of the
proposed use by posting a notice of the application at the entrance to the property in question
and by mailing a copy of the notice to the assessed owner of each abutting property and each
assessed owner of property within a 75.0 metre radius of the proposed development.
3.9.5
The Development Officer shall publish a notice of the application in accordance with the
provisions of The Planning and Development Act, 2007, whereby the applicant shall pay to the
Municipality a fee equal to the costs associated with the public advertisement.
3.10 FEE FOR ZONING AMENDMENT APPLICATION
When an application is made to Council for an amendment to this Bylaw, the applicant making the
request shall bear the actual cost of advertising such zoning amendment as permitted by The Planning
and Development Act, 2007. Council also may require the applicant to pay all costs incurred in a
professional review of the application and in carrying out a public hearing.
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3.11 CONCURRENT PROCESSING OF DEVELOPMENT PERMITS, BUILDING PERMITS AND
BUSINESS LICENSES
A Building Permit, where required, shall not be issued unless a Development Permit has been issued, or
is issued concurrently. Nothing in this Bylaw shall exempt any person from complying with a building
Bylaw, or any other Bylaw in force within The Municipality, or from obtaining any permission required
by this, or any other Bylaw of The Municipality, the Province or the Federal Government.
3.12 REFERRAL UNDER THE PUBLIC HEALTH ACT
The Development Officer shall make available, in addition to plumbing permits and plan information, a
copy of all approved Development Permit applications involving installation of water and sanitary
services, should such information be requested by provincial officials under The Public Health Act and
Regulations. The developer shall, at their own expense, provide suitable water supply and sewage
disposal facilities for that development acceptable to Council that meets The Public Health Act and
Regulations requirements.
3.13 DEVELOPMENT APPEALS BOARD
3.13.1 Council shall appoint a Development Appeals Board, consisting of three members, to hear and
determine appeals in accordance with Section 213 to 227 inclusive, of The Planning and
Development Act, 2007.
3.13.2 RIGHT TO APPEAL
a) In addition to any other right of appeal provided by The Planning and Development Act,
2007, and any other Act, a person affected may appeal to the Board if there is:
i.
Alleged misapplication of the Zoning Bylaw in the issuance of a development permit;
ii.
A refusal to issue a development permit because it would contravene the Zoning
Bylaw;
iii.
An issuance of a written order from the Development Officer.
b) There is no appeal pursuant to 3.13.2.a.ii if a development permit was refused on the basis
that the use in the Zoning District for which the development permit was sought:
i. Is not a permitted use or a permitted intensity of use;
ii. Is a discretionary use or discretionary use of intensity that has not been approved by
resolution by Council; or
iii. Is a prohibited use.
c) Appellants may appeal where they are of the opinion that development standards
prescribed by Council with respect to a discretionary use exceed those necessary to secure
the objectives of the Zoning Bylaw.
d) An appellant shall make the appeal pursuant to 3.13.2.a within 30 days after the date of the
decision.
e) The Development Officer shall make available to all interested persons copies of the
provisions of The Planning and Development Act, 2007, respecting decisions of the
Development Officer and right of appeal.
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3.14 MINOR VARIANCES
3.14.1 The Development Officer may vary the requirements of this Bylaw subject to the following
requirements:
a) A minor variance may be granted for the following only:
i.
Minimum required distance of a building from a lot line; and
ii.
The minimum required distance of a building from any other building on the lot.
b) The maximum amount of a minor variance shall be 10% variation from the requirements of
this Bylaw.
c) The development must conform to all other requirements of this Bylaw.
d) The relaxation of the Bylaw requirement must not injuriously affect a neighbouring
property.
e) A minor variance must not be granted:
i.
For a discretionary use or form of development, or in connection with an agreement
to rezone pursuant to Section 69 respecting the rezoning of land; or
ii.
If it would be inconsistent with any provincial land use policies or statements of
provincial interest.
3.14.2 An application form for a minor variance shall be in a form prescribed by the Development
Officer and shall be accompanied by an application fee of $50.00.
3.14.3 Upon receipt of a minor variance application the Development Officer may:
a) Approve the minor variance;
b) Approve the minor variance and impose terms and conditions on the approval; or
c) Refuse the minor variance.
3.14.4 Terms and conditions imposed by the Development Officer shall be consistent with the general
development standards in this Bylaw.
3.14.5 Where a minor variance is refused, the Development Officer shall notify the applicant in writing,
providing reasons for the refusal.
3.14.6 Where a minor variance is approved, with or without terms, the Development Officer shall
provide written notice to the applicant and to the assessed owners of the property having a
common boundary with the applicant's land that is the subject of the approval.
3.14.7 A decision to approve a minor variance, with or without terms and conditions, does not take
effect until:
a) In the case of a notice sent by regular mail, until 23 days from the date the notice was
mailed;
b) In the case of a notice that is delivered by personal service, until 20 days from the date the
notice was served.
3.14.8 If an assessed owner of a property having an adjoining property with the applicants land objects
to the minor variance in writing to the Development Officer within the prescribed 20 day time
period, the approval is deemed to be revoked and the Development officer shall notify the
applicant in writing:
a) Of the revocation of the approval; and
b) Of the applicant's right to appeal the revocation to the Development Appeals Board within
30 days of receiving the notice.
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3.14.9 If an application for a minor variance is refused or approved with terms or conditions, the
applicant may appeal to the Development Appeals Board within 30 days of the date of that
decision.
3.14.10 The Development Officer shall maintain a record of all minor variance applications.
3.15 NON-CONFORMING 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 non-conforming by reason only of
the conversion of this Bylaw from the Metric System of Measurement to the Imperial System of
Measurement where such non-conformity is resultant solely from such change and is reasonably
equivalent to the metric standard herein established.
3.15.4 Where a building has been erected on or before the effective date of this Bylaw on a site having
less than the minimum dimensions or area, or having less than the minimum yards required by
this Bylaw, the use may be continued and the building may be enlarged, reconstructed, repaired
or renovated pursuant to the rights granted by Section 91 to 93 of The Planning and
Development Act, 2007. These rights are subject to the following:
a) The enlargement, reconstruction, repair, or renovation does not further reduce the required
yards that do not conform to this Bylaw;
b) All other applicable provisions of this Bylaw are satisfied; and
c) Issuance of a development permit required by this Bylaw.
3.16 DEVELOPMENT PERMIT - INVALID
A development permit shall be automatically invalid and development shall cease, as the case may be:
a) If the development is not commenced within the period for which the Permit is valid;
b) If the development is legally suspended, or discontinued, for a period of six or more months,
unless otherwise indicated by Council or the Development Officer; or
c) When development is undertaken in contravention of this bylaw, the Development Permit,
and/or specified development standards.
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.
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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 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.
3.20 REGISTERING IN INTERESTS
3.20.1 As per Section 175 of The Planning and Development Act, 2007 the Municipality may register an
interest based on a development levy agreement or servicing agreement in the land registry against the
affected title.
3.20.2 On registration of an interest based on a development levy agreement or servicing agreement,
the rights and privileges in the development levy agreement:
a) Enure to the benefit of the Municipality; and
b) Run with the land and are binding on the registered owner of the land, the registered owner's
heirs, executors, administrators, successor, and assigns.
3.21 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.
3.22 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.
3.23 DEVELOPMENT LEVY AGREEMENTS
3.23.1 Council may pass a development levy bylaw pursuant to Section 169 to 170 of The Planning and
Development Act, 2007, to establish development levies to recover the capital costs of services
and facilities.
3.23.2 As per Section 171 of The Planning and Development Act, 2007, if the Council deems it is
necessary to do so, the Council or Development Officer may require the development permit
applicant to enter into a development levy agreement with the Municipality respecting the
payment of the development levies.
3.24 SERVICING AGREEMENTS
3.24.1 Where a development proposal involves subdivision, Council may require a developer to enter
into a servicing agreement to ensure appropriate servicing pursuant to The Planning and
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Development Act, 2007. Council may direct the Administration to vary the agreement on a case-
by-case basis, or not require it.
3.24.2 In accordance with Sections 172 to 176 inclusive of, The Planning and Development Act, 2007,
the agreement may provide for:
a) The undertaking and installation of storm sewers, sanitary sewers, drains, water mains and
laterals, hydrants, sidewalks, boulevards, curbs, gutters, street lights, graded, graveled or
paved streets and lanes, connections to existing services, area grading and leveling of land,
street name plates, connecting and boundary streets, landscaping of parks and boulevards,
public recreation facilities, or other works that Council may require, including both on-site
and off-site servicing;
b) The payment of fees that the Council may establish in whole or in part, for the capital cost
of providing, altering, expanding or upgrading sewage, water, drainage and other utility
services, public highway facilities or park and recreation space and facilities located within
or outside the proposed subdivision and that directly or indirectly serve the proposed
subdivision.
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4.
GENERAL REGULATIONS
The following regulations shall apply to all Zoning Districts in the Bylaw.
4.1
LICENSE, PERMITS, AND COMPLIANCE WITH OTHER BYLAWS AND LEGISLATION
In their interpretation and application, the provisions of this Bylaw shall be held to be the minimum
requirements adopted for the promotion of the public health, safety, and general welfare. Nothing in
this Bylaw shall exempt any person from complying with the requirements of a building regulation Bylaw
or any other Bylaw in force within the Town of Wolseley or law within the Province of Saskatchewan or
Canada; or from obtaining any license, permission, permit, authority, or approval required by this or any
other Bylaw of the Town of Wolseley 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 metres (10 ft) of any other building on the site except to a building
accessory to such building, or structure.
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 authorize traffic sign or signal,
or any sign of notice of any local or other government department or authority.
4.4.3
Nothing in this Bylaw shall prevent the use of any land for the erection of buildings or structures,
or the installation of other facilities, essential to the operation of public works.
4.5
NUMBER OF PRINCIPAL BUILDINGS ON A SITE
4.5.1
Only one principal building shall be permitted on any one site except for the following: parks,
schools, hospitals, recreation facilities, special care homes, senior citizen homes, and approved
dwelling groups and condominium developments.
4.5.2
Multiple unit residential buildings (e.g. duplex, fourplex) are considered to be one principal
building under this Bylaw, and all other uses and buildings on the site must be accessory.
4.6
ACCESSORY BUILDINGS, USES AND STRUCTURES
4.6.1
Subject to all other requirements of this Bylaw, an accessory building, use or structure is
permitted in any district when accessory to an established principal use which is 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.
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4.6.3
Where a building on a site is attached to a principal building by a solid roof or by structural
rafters, and where the solid roof or rafters extend at least one third of the length of the building
wall that is common with the principal building, the building is deemed to be part of the
principal building.
4.6.4
All accessory buildings shall be located in the rear yard.
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 6.0 metres (20 ft) in a Residential
District unless otherwise permitted in this Bylaw.
4.8
FRONTAGE FOR IRREGULAR SITES
Where the site frontage is along a cul-de-sac, curve, or is irregular, the minimum site frontage shall be
11.0 metres (36 ft) and the mean site width shall not be less than the minimum frontage for regular sites
in the same Zoning District.
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 metres (5.9 ft) 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 metres (2 ft) into any required yard and not closer to a lot line
than 0.15 metres (0.5 ft).
4.10 GRADING AND LEVELING OF SITES
4.10.1 Every development shall be graded and leveled at the owner's expense to provide for adequate
surface drainage that does not adversely affect adjacent property, or the stability of the land.
a) All excavations or filling shall be re-vegetated immediately after other construction activities
conclude, with a suitable ground cover as may be necessary to prevent erosion.
b) All vegetation and debris in an area to be re-graded or filled must be removed from the site
prior to site grading and leveling.
c) All topsoil from an area that is to be re-graded must be stripped, stockpiled, and replaced on
the re-graded area, or re-located to a site approved by Council.
4.11 HEIGHT OF BUILDINGS
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.
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4.12 HERITAGE PROPERTIES
Provincial and Municipal Heritage Properties subject to preservation agreements are subject to
development review processes as defined by The Heritage Property Act. Provincial designations are
afforded special protection, and any alterations and development must be reviewed and approved by
the Province of Saskatchewan.
4.13 SIGNAGE ON NATURAL AND HUMAN HERITAGE SITES
Small plaques, markers, and interpretation signs will be encouraged on properties that have significant
natural or human heritage resources, with the approval of the owner, and where the signage is
appropriate in scale, design, and placement with the site and surrounding area, and does not cause
safety concerns or negatively impact the heritage value of the site.
4.14 BUFFER STRIPS
Buffer strips are intended to improve land use compatibility and environmental quality by reducing
noise, lighting glare and other nuisances. Buffer strips may be required to separate uses from adjacent
properties, in which the approval authority will determine the size and width.
4.15 CLOSINGS
In the event a dedicated street or lane shown on the Zoning District Map forming part of this Bylaw is
closed, the property formerly in such street or lane shall be included within the Zoning District of the
adjoining property on either side of such closed street or lane. If a closed street or lane is the boundary
between two or more different Zoning Districts, the new district boundaries shall be the former centre
line of the closed street or lane.
4.16 SATELLITE DISHES
4.16.1 Satellite dishes in excess of 0.5 metre (1.6 ft) in diameter shall not be located in any front yard,
side yard, and shall not be permitted to be erected on the roof of any principal building that is
located within a Residential District that is less than three(3) stories in height.
4.16.2 Satellite dishes located in Residential Districts, which exceed 0.5 metre (1.6 ft) 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
4.16.3 Satellite dishes may be erected in Commercial or Industrial Districts for communications
purposes or re-broadcasting of television signals and subsection 4.19.1 shall not apply.
4.17 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.
4.18 TRAILERS, BOX CARS, SHIPPING CONTAINERS
a) No person shall park or store on any part of a site, any unlicensed shipping container (rail or
sea), semi-trailer with wheels, truck, bus or coach body for the purposes of advertising or ware
housing within any of the Zoning District;
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b) Shipping containers may only be used as an accessory use in the Future Urban Development
District, Industrial, Town Centre Commercial and Highway Commercial Districts;
c) Shipping containers are considered an accessory building and shall only be used for storage
purposes that are directly related to the permitted or discretionary use of the primary building;
d) No shipping containers may exceed 3 metres (10 ft) in height, 8 feet in width and 12.5 metres
(41 ft) in length;
e) The total number of shipping containers on a site shall not exceed three;
f) Shipping containers shall be located in the side or rear yard only, they may not project beyond
the front line of the primary building. In addition, the containers must comply with the rear and
side yard setbacks as required;
g) The exterior of the shipping container must have a finish that matches or compliments the
exterior finish of other buildings on the site;
h) The shipping containers must be kept in a clean, orderly manner, and placed on a level, secure
surface;
i)
Shipping containers are prohibited from being used as a dwelling, being plumbed or electrified
in any manner;
j)
Shipping containers may not be stacked and prohibited from storage of junk, trash, or other
forms of refuse;
k) Shipping containers must comply with all Provincial and National acts and regulations including
the National Building Code and the Uniform Building and Accessibility Standards Act;
l)
Shipping containers shall not be used for the purpose of display or advertising;
m) Shipping containers shall not block or obstruct any exits, windows, parking spaces, driveways, or
access to public utilities and/or right of ways;
n) Shipping containers may be temporarily placed in any District under the following
circumstances:
i.
During construction when the container is used solely for the storage of supplies and
equipment that are used for the site, provided a building permit has been issued for the
construction of the site; and
ii.
For the purpose of loading and unloading items associated with the principal use for a
period of not more than 10 days. The Development Officer may grant one extension of
up to 10 days for the extreme circumstances. All temporary shipping containers must be
located a minimum of 1.2 metres (4 ft) from any property line.
4.19 SWIMMING POOLS
4.19.1 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 metres (4 ft) above the average finished grade level
of the ground adjoining the pool and to within 4.5 metres (15 ft) of such pool; and
c) Every swimming pool shall be enclosed by a non-climbable fence of at least 1.8 metres (6 ft)
in height and not more than 10 cm from the ground, and located at a distance of not less
than 1.5 metres (5 ft) from the pool; and
d) Any deck attached to or abutting a swimming pool shall be considered as part of the
swimming pool.
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4.19.2 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.
4.20 DISPOSAL OF WASTES
4.20.1 Subject to all Acts and Regulations pertaining in any way to the storage, handling, and disposal
of any waste material or used item, and except as permitted by these Acts and Regulations, no
liquid, solid, or gaseous wastes shall be allowed to be discharged into any 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.
4.20.2 No development or use of land which requires solid or liquid waste disposal facilities shall be
permitted unless those facilities are approved by Saskatchewan Health and the Saskatchewan
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 Water Security Agency.
4.21 SOLID AND LIQUID WASTE DISPOSAL FACILITIES
Municipal and commercial solid or liquid waste disposal facilities are subject to the following conditions:
a) The facility will be located as near as practical to the source of waste;
b) The facility will have undergone satisfactory review as required by Provincial Authorities for
environmental assessment and operational design;
c) The facilities will be located at least 300 metres (984 ft)for liquid waste, and 457 metres
(1499 ft) for solid waste from any residence or recreational use;
d) The development of any new disposal sites shall take into consideration seasonal winds;
e) Adequate precautions shall be taken to prevent pollution of ground water by disposal
operations;
f) Solid waste disposal facilities shall be located in proximity to an all- weather road; and
g) Council may apply special standards for screening, fencing and reclamation of the site.
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5.
DISCRETIONARY USE STANDARDS FOR DEVELOPMENT
This Section addresses special provisions and specific development standards that apply to the use of
discretion regarding developments. These standards apply in addition to any standards of the
municipality. 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, and 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 Occupations (Home-Based Businesses) are subject to the following conditions:
Home-based occupations and businesses will be accommodated provided that they are clearly
secondary to the principal residential use of the dwelling unit, compatible with the surrounding
residential area, and not of a size that provide services or products that would detrimentally
affect the viability of the neighborhood.
One home occupation shall be allowed per dwelling unit. 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.
o No more than one business vehicle, for which off-street parking is provided, shall be
operated in connection with the home occupation.
o 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 Licenses 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.
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5.2
SECONDARY SUITES
Secondary Suites are subject to the following conditions:
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 m² (645 ft2) or 35% of the total floor space of the principal,
single detached dwelling, including basements, and may not have more than two bedrooms.
5.3
MODULAR HOMES
Modular Homes are subject to the following conditions:
All modular homes shall be placed on a permanent concrete foundation at a standard
comparable to a single detached dwelling.
o All modular homes shall be multi-modular, with the width approximately equivalent to the
length;
o 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:
Bed and breakfast homes shall be located in a single detached dwelling used as the operator's
principal residence.
No more than three (3) guest rooms shall be allowed in a bed and breakfast home.
Only one sign, not exceeding 1.0 m² (10.76 ft²), advertising the vacation farm or bed and
breakfast home and located on site, is permitted.
The only meal to be provided to registered guests shall be breakfast. No food preparation or
cooking for guests shall be conducted within any bedroom made available for rent. All facilities
shall meet public health regulations and be kept in a manner satisfactory to the District Health
Region.
The operation of the bed and breakfast home shall be subordinate and incidental to the
principal use of a single detached dwelling as an owner occupied residence. No one other than
the occupant and his/her immediate family members may be involved or employed in the
operation of the bed and breakfast home.
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5.5
CHILD DAY CARE CENTRES AND PRE-SCHOOLS
Child Day Care Centres and Pre-schools are subject to the following conditions:
Day Care centres and pre-schools may be approved as an accessory use or as a principal use.
In any Residential District, no exterior alterations shall be undertaken to a dwelling or former
dwelling which would be inconsistent with the residential character of the building or property.
Outdoor play areas shall comply with the Child Care Act, 2000.
5.6
ADULT DAY CARE CENTRES
Adult Day Care Centres are subject to the following conditions:
Adult day care centres 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 forming
dwelling which would be inconsistent with the residential character of the building or property.
5.7
RESIDENTIAL CARE HOMES
Residential Care Homes are subject to the following conditions:
Residential care homes may be approved as an accessory use or as a principal use.
In any Residential District, no exterior alterations shall be undertaken to a dwelling or former
dwelling which would be inconsistent with the residential character of the building or property.
No building or structure used for the purpose of a residential care home shall be used for the
purpose of keeping boarders or lodgers.
5.8
CAMPGROUNDS
Campgrounds are subject to the following conditions:
The operator of a campground shall provide the Development Officer with a plan of the
campground, identifying any buildings, uses of land and the location of all roadways and trailer
coach or tent campsites with dimensions. The addition or rearrangement of campsites, the
construction or moving of buildings, and material change in use of portions of land, or the filling
or clearing of land shall require a Development Permit, and the operator shall submit for
approval an amended plan incorporating the details of the proposed development.
A campground shall have within its boundaries, a buffer area abutting the boundary of not less
than 4.5 metres (15 ft) which shall contain no buildings.
The operator of a campground shall designate a campsite for each trailer coach or tent party,
which shall be less than 150 m² (1,615 ft2) in area with its corners clearly marked.
One permanent sign located on site advertising the campground is permitted per site;
o The facial area of a sign shall not exceed 0.5 m² (5.4 ft2);
o No sign shall be located in any manner that may obstruct or jeopardize the safety of the
public;
o Temporary signs not exceeding 1.0 m² (10.7 ft2) advertising the sale or lease of the property
or other information relating to a temporary condition affecting the property are permitted.
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No portion of any campsite shall be located within a roadway or required buffer area.
Each campsite shall have direct and convenient access to a developed roadway, which is not
located in any required buffer area. The space provided for roadways within a campground shall
be at least 7.5 metres (25 ft) in width. No portion of any campsite, other use or structure shall
be located in any roadway.
Each trailer coach shall be located at least 3.0 metres (10 ft) from any other trailer coach, and
each campsite shall have dimensions sufficient to allow such location of trailer coaches.
A campground may include as ancillary uses a laundromat or a confectionery designed to meet
the needs of the occupants of the campsites, and one single detached dwelling for the
accommodation of the operator.
The Public Health Act shall be complied with in respect to all operations and development of the
campground.
5.9
ABOVE GROUND FUEL STORAGE TANKS
Above Ground Fuel Storage Tanks are subject to the following conditions:
Above ground fuel storage tanks which meet the standards of the National Fire Code and which
have a maximum capacity of 50,000 litres may be permitted in association with service stations,
gas bars, and other permitted industrial or commercial uses where the dispensing of fuel to
vehicles is a standard aspect of the use.
The total storage capacity for above ground fuel storage tanks on any single service station or
gas bar site shall not exceed:
o 150,000 litres for flammable liquids (gasoline);
o 100,000 litres for combustible liquids (diesel fuel); and
o 100,000 litres of propane.
Above ground fuel storage tanks shall be:
o For uses other than service stations and gas bars, located at least 3.0 metres (10 ft) from any
property line or building, the 3.0 metres (10 ft) separation distance may be reduced to 1.0
metre (3 ft) for tanks with a capacity of 5,000 litres or less;
o For service stations and gas bars, located at least 6.0 metres (20 ft) from any property line or
building;
o Separated from each other and be accessible for firefighting purposes to the satisfaction of
the Development Officer; and
o At least 15 metres (49 ft) from the boundary of any site within a Residential District.
For uses other than services stations and gas bars, the dispensing equipment associated with
above ground fuel storage tanks shall be located at least 3.0 metres (10 ft) from any property
line, at least 7.5 metres (25 ft) from any open flame or other ignition source, and at least 4.5
metres (15 ft) from any door or window.
For service stations and gas bars, the dispensing equipment associated with above-ground fuel
storage tanks shall be located at least 6.0 metres (20 ft) from any property line, at least 7.5
metres (25 ft) from any open flame or other ignition source, and at least 4.5 metres (15 ft) from
any door or window.
Above-ground fuel storage tanks shall be protected from vehicles with suitable posts, guardrails
or other similar means.
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At service stations and gas bars, above-ground fuel storage tanks which are located in view of a
front or flanking street shall be landscaped or screened to the satisfaction of the Development
Officer.
The maximum height of an above-ground fuel storage tank shall be limited to the maximum
permitted height of a free-standing sign in the Zoning District.
Painted lettering or other forms of signage may be located on above-ground fuel storage tanks
subject to the sign regulations in the Zoning District.
5.10 WIND ENERGY FACILITIES
Wind energy facilities are subject to the following conditions:
All buildings and structures shall be set back at least 90 metres (295 ft) 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 metres (33 ft).
The minimum site size for the allowance of any wind energy facility shall be 2.0 hectares (4.9
acres).
The setback from the property line of a non-participating landowner to a wind energy generator
(turbine) shall be no less than the length of the blade plus 10 metres (33 ft), or a minimum of 38
metres (125 ft), unless otherwise agreed to by the landowner, developer, and the Municipality.
The separation distance from a wind energy generator (turbine) to a Residential Acreage or
Residential Subdivision shall be a minimum distance of 550 metres (1,805 ft).
The maximum total tower height shall be:
o 6.0 metres (20 ft) above grade level in a Residential Acreage or Industrial Zoning District and
the maximum noise standard shall not exceed 40 decibels.
o 45.0 metres (148 ft) above grade level in the Community Service or Future Urban
Developmental Zoning District.
Approaches for access roads to the wind energy facilities must be perpendicular to established
road allowances.
All infrastructure, roads, and accesses required to facilitate the implementation of the wind
energy facilities shall be proposed by the developer as part of the Development Permit
application.
Any proposed development within a municipal road allowance, i.e. underground lines or
overhead poles/lines, must be proposed by the developer as part of the Development Permit
application.
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.
36
Substations are required to be fenced. All wind energy facilities shall be enclosed within a locked
protective chain link fence of a minimum height of 1.85 metres (6 ft) and the design shall be
included in the Development Permit application.
Development and Building Permit applications for wind energy facilities shall include either a
manufacturer's engineering certificate of structural safety or certification of structural safety via
a 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.
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6.
ZONING DISTRICTS AND ZONING MAPS
6.1
ZONING DISTRICTS
For the purpose of this Bylaw, the Town of Wolseley is divided into several Zoning Districts that may be
referred to by the appropriate symbols. The uses or forms of development allowed within a Zoning
District, along with regulations or standards which apply, are provided in the District schedules in this
Section.
R1
Residential
IND
General Industrial
R2
Multiple Dwelling Residential
CS
Community Service District
RMH
Residential Mobile Home
CS2
Passive Community Service
C1
Town Centre Commercial
FUD
Future Urban Development
C2
Highway Commercial
FH
Flood Hazard Overlay
6.2
THE ZONING DISTRICT MAP
The map, bearing the statement "This is the Zoning District Map referred to in Bylaw No. 2-2015
adopted by the Town of Wolseley, signed by the Mayor and by the Town Administrator under the seal of
the Town, shall be known as the "Zoning District Map", and such map is hereby declared to be an
integral part of this Bylaw.
6.3
BOUNDARIES OF ZONING DISTRICTS
6.3.1
The boundaries of the Districts referred to in this Bylaw, together with an explanatory legend,
notations and reference to this Bylaw, are shown on the map entitled, "Zoning District Map."
6.3.2
Unless otherwise shown, the boundaries of Zoning Districts are site lines, centre lines of streets,
lanes, road allowances, or such lines extended, and the boundaries of the Municipality.
6.4
HOLDING DESIGNATION
6.4.1
Where, on the Zoning District Map, the symbol for a Zoning District has suffixed to it the holding
symbol "H"; any lands so designated on the map shall be subject to a holding provision in
accordance with Section 71 of The Planning and Development Act, 2007.
6.4.2
Any lands subject to a holding provision shall only be used for the following uses:
a) Those uses existing on the land when the "H" is applied; and
b) Public works.
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7.
RESIDENTIAL DISTRICT - R1
The purpose of the Residential District (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 an 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;
d) Public recreational uses;
e) 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.
a) Modular homes (refer to Section 5.3);
b) Secondary suites (refer to Section 5.2);
c) Home occupations, home based businesses (refer to Section 5.1);
d) Lodges and social clubs;
e) Child day care centres (refer to Section 5.5);
f) Bed and breakfast homes (refer to Section 5.4);
g) Semi-detached, duplex dwelling, Fourplex or townhouses and other multi-unit dwellings.
7.3
SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements.
Single Detached, RTM, and Modular Homes
Minimum site area
360 m2 (3,875 ft2) with a lane, 450 m2
without a lane
Minimum floor area
65 m² (700 ft2)
Minimum site frontage
12 metres (39 ft) with a lane, 15 metres (49 ft) without a lane
Height
9.0 metres (30 ft) for Principal Buildings
Maximum site coverage
50% and 60% on a corner site
Minimum front yard
6.0 metres (20 ft)
Minimum rear yard
6.0 metres (20 ft)
Minimum side yard
6.0 metres (20 ft) from a side property line which is adjacent to a roadway
and located no less than 1.5 metres (5 ft) from a property line of an
adjacent property.
R1
39
Semi-detached, Duplex, and Multi-Unit Dwellings (per dwelling unit)
Minimum site area
255 m2 (2745 ft2) with a lane, 315 m2 (3390 ft2) without a lane
Minimum floor area
70 m² (753 ft2)
Minimum site frontage
8.5 metres (28 ft) with a lane, 10.5 metres (35 ft) without a lane
Height
9.0 metres (30 ft) for Principal Buildings
Maximum site coverage
40% and 50% on a corner site
Minimum front yard
7.5 metres (25 ft)
Minimum rear yard
7.5 metres (25 ft)
Minimum side yard
6.0 metres (20 ft) if abutting a street or corner lot
Playgrounds and Swimming Pools
Minimum site area
No minimum
Minimum floor area
No minimum
Minimum site frontage
No minimum
Maximum site coverage
No maximum
Minimum front yard
No minimum
Minimum rear yard
No minimum
Minimum side yard
3.0 metres (10 ft)
Other Discretionary Uses
Child Day Care Centres; Adult Day Care Centres
Minimum site area
450 m2 (4844 ft2)
Minimum floor area
No minimum
Minimum site frontage
12 metres (39 ft) with a lane, 15 metres (49 ft) without a lane
Height
No maximum
Maximum site coverage
No maximum
Minimum front yard
6 metres (20 ft)
Minimum rear yard
7.5 metres (25 ft)
Minimum side yard
1.5 metres (5 ft)
7.4
ACCESSORY BUILDING
Minimum yard setbacks
A minimum 7.5 metres (25 ft) from the front site line, 1.2 metres (4 ft) from
the principal building, and 1.5 metres (5 ft) from the side site line unless the
side site line is an abutting street then the side yard shall be 3.6 metres (12
ft).
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Maximum floor area and
height
All accessory buildings shall not exceed 60 m² (645 ft2) in area and shall not
exceed 4.0 metres (13 ft) 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 metres (2.6 ft)
from the rear site line except where an accessory building has a door or
doors opening onto a lane then it shall not be located less than 1.5 metres
(5 ft) from the site line abutting the lane.
Minimum side yard
Accessory buildings in a rear yard shall not be located less than 0.75 metres
(2.5 ft) from the side lot line.
6.0 metres from a side property line which is adjacent to a roadway and
located no less than 1.5 metres (5 ft) from a property line of an adjacent
property.
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 as provided below:
i.
Garages - up to a maximum of 111.5 m2 (1,200 ft2);
ii.
Shed - up to a maximum of 19 m2 (200 ft2);
iii.
Gazebos - up to a maximum of 56 m2 (600 ft2);
iv.
Greenhouse - up to a maximum of 28 m2 (300 ft2).
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 metres (1 foot) 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.
f) 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 only in a rear yard.
7.5
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 metre (3.3 ft) above grade level.
41
c) In a required rear yard, to a height no greater than 2.0 metres (6.5 ft) above grade level.
d) Except permitted accessory buildings, no fence or other structure shall be erected to a height of
more than 2.0 metres (6.5 ft).
7.6
SIGNAGE
a) One permanent sign is permitted per site. The facial area of a sign shall not exceed 0.5 m² (5 ft2).
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 m² (11 ft2) advertising the sale or lease of the property or
other information relating to a temporary condition affecting the property are permitted.
7.7
PARKING
Off-street parking requirements shall be provided in accordance with the following:
Single detached, RTM
and Modular Homes
2 spaces per unit
Semi-detached, Duplex
and Multi-Unit Dwellings
2 spaces per unit
Public Works
No requirements
Playgrounds and
Swimming Pools
No requirements
Day care centres and
pre-schools
1 space plus 1 additional space for every 10 persons enrolled in the facility
Adult Day Care
1 space plus 1 space per 5 persons enrolled in the facility
7.8
OUTSIDE STORAGE
a) No outdoor storage shall be permitted in the required front yard of any residential site.
b) Council may apply special standards as a condition or for a discretionary use approval regarding
the location of areas used for storage for that use.
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 condition, equipment and machinery normally
used for the maintenance of the residential property, vehicles or vehicular parts.
e) Provision shall be made for the owner of the property to temporarily display a maximum of
either one (1) vehicle or recreational vehicle in operating condition that is for sale at any given
point in time.
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7.9
STANDARDS FOR DISCRETIONARY USES
a) All discretionary uses shall maintain the residential character of the area as much as possible.
b) Off-street parking spaces for adult day care centres, child day care centres, pre-school nurseries,
residential care facilities shall be located in a side or rear yard and be screened if they are
adjacent to a site used for residential purposes.
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8.
RESIDENTIAL MULTIPLE DWELLING DISTRICT - R2
The purpose of the Residential Multiple Dwelling District (R2) is to accommodate
a variety of medium density residential development including semi-detached residences, townhouses
and multi-unit dwellings.
No person shall within any R2 - Residential Multiple Dwelling District use any land, or erect, alter, or
use any building or structure except in accordance with the following provisions:
8.1
PERMITTED USES
a) One single-detached dwelling, including a RTM;
b) Semi-detached, duplex, fourplex, or townhouses and other multiple unit dwellings;
c) Uses, buildings, and structures accessory to the foregoing permitted and located on the same
site with the main use;
d) Playgrounds and swimming pools;
e) Public works, buildings and structures, excluding offices, shops, warehouses, storage yards and
waste management or sewage facilities.
8.2
DISCRETIONARY USES
The following uses may be permitted in the R2 - Residential Multiple Dwelling District but only by
resolution of Council and only in locations specified in such resolution of Council.
a) Modular homes (refer to Section 5.3);
b) One secondary suites (refer to Section 5.2);
c) Apartment buildings;
d) Home occupations, home based businesses (refer to Section 5.1);
e) Child day care centres (refer to Section 5.5);
f) Bed and breakfast homes (refer to Section 5.4);
g) Residential care home (refer to Section 5.7);
h) Mobile homes.
8.3
SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements.
Single Detached, RTM, and Modular Homes
Minimum site area
360 m2 (3875 ft2) with a lane, 450 m2 (4844 ft2) without a lane
Minimum floor area
65 m² (700 ft2)
Minimum site frontage
12 metres (39 ft) with a lane, 15 metres (49 ft) without a lane
Height
9.0 metres (30 ft) for Principal Buildings
Maximum site coverage
60%
Minimum front yard
6.0 metres (20 ft)
Minimum rear yard
6.0 metres (20 ft)
Minimum side yard
1.0 metres (3 ft)
R2
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Semi-Detached and Duplex (per dwelling unit)
Minimum site area
270 m2 (2906 ft2) per unit with lane, 315 m2 (3391 ft2) per unit without a
lane
Minimum floor area
45 m² (485 ft2)
Minimum site frontage
9.0 metres (30 ft) with a lane, 10.5 metres (34 ft) without a lane
Height
9.0 metres for Principal Buildings
Maximum site coverage
60%
Minimum front yard
6.0 metres (20 ft)
Minimum rear yard
6.0 metres (20 ft)
Minimum side yard
1.0 metres (3 ft)
Townhouse, Fourplex, and other Multiple Unit Dwellings
Minimum site area
550 m2 (5920 ft2)
Minimum floor area
No minimum
Minimum site frontage
21 metres (69 ft)
Height
9.0 metres (2 ½ Stories), 15 metres maximum (49 ft)
Maximum site coverage
50%
Minimum front yard
6.0 metres (20 ft)
Minimum rear yard
7.5 metres (25 ft)
Minimum side yard
3.5 metres (11.5 ft) or 50% of the average wall height, whichever is greater
Apartment Buildings
Minimum site area
930 m² (10,010 ft2)
Minimum floor area
46.5 m² (500 ft2) per dwelling unit
Minimum site frontage
25 metres (82 ft)
Maximum site coverage
50% interior site, 60% corner site
Minimum parking spaces 1.25 spaces/ dwelling unit
Minimum front yard
6.0 metres (20 ft)
Minimum rear yard
7.5 metres (25 ft)
Minimum side yard
3.5 metres (11.5 ft) or 50% of the average wall height whichever is greater
45
Mobile Homes
Minimum site area
360 m2 (3,875 ft2) with a lane, 450 m2 (4,844 ft2) without a lane
Minimum floor area
45 m² (484 ft2)
Minimum site frontage
12 metres (39 ft) with a lane, 15 metres (49 ft) without a lane
Maximum site coverage
40%
Minimum parking spaces 1
Minimum front yard
4.0 metres (13 ft)
Minimum rear yard
4.0 metres (13 ft)
Minimum side yard
1.2 metres (4 ft)
Other Discretionary Uses
Minimum site area
450 m2 (4844 ft2)
Minimum floor area
No minimum
Minimum site frontage
15 metres (49 ft)
Maximum site coverage
50% interior site, 60% corner site
Minimum parking spaces 1.25 spaces/ dwelling unit
Minimum front yard
6.0 metres (20 ft)
Minimum rear yard
7.5 metres (25 ft)
Minimum side yard
1.5 metres (5 ft)
8.4
DEVELOPMENT STANDARDS FOR MOBILE HOMES
a) All mobile homes must meet the standards set out in CSA Z240 Procedure for Certification of
Factory Built Houses, and amendments thereto. All mobile homes must bear a label of a credible
certification agency indicating that compliance with the National Building Codes has been
certified using the Z240 procedure.
b) All attached and accessory structures shall require a building permit and shall comply with the
requirements of the National Building Code of Canada and the Building Bylaw of the Town of
Wolseley.
c) All attached or accessory structures such as porches, sun room additions, skirting and storage
facilities must be factory prefabricated units, or of an equivalent quality, and shall be painted, or
prefinished so the design and construction will complement the main structure.
d) In order to protect the residential character of the community, wheels, hitches, and running
gear must be removed within thirty (30) days of arrival, and skirting must be installed in such a
manner as to compensate for vertical movements and to prevent the entrance of rodents and
other small animals.
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e) All mobile homes shall be connected to water and sewer services provided by the Municipality
and connected as available to other public utilities.
8.5
ACCESSORY BUILDINGS AND STRUCTURES
Minimum Yard setbacks A minimum of 7.5 metres (25 ft) from the front site line, 1.2 metres (4 ft)
from the principal building, and 1.5 (5 ft) from the side site line unless the
side site line is an abutting street then the side yard shall be 3.6 metres (12
ft).
Maximum floor area
and height
All accessory buildings shall not exceed 60m² (645 ft2) in area and shall not
exceed 4.0 metres (13 ft) in height from grade level to the underside of the
eaves.
Minimum rear yard
All accessory buildings shall be located a minimum of 0.75 metres (2.5 ft)
from the rear site line except where an accessory building has a door or
doors opening onto a lane then it shall not be located less than 2.0 metres
(6.5 ft) from the site line abutting the lane.
Minimum side yard
Accessory buildings in a rear yard shall not be located less than 0.75 metres
(2.5 ft) from the side lot line.
6.0 metres from a side property line which is adjacent to a roadway and
located no less than 1.5 metres (5 ft) from a property line of an adjacent
property.
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 as provided below:
i.
Garages - up to a maximum of 111.5 m2 (1,200 ft2);
ii.
Shed - up to a maximum of 19 m2 (200 ft2);
iii.
Gazebos - up to a maximum of 56 m2 (600 ft2);
iv.
Greenhouse - up to a maximum of 28 m2 (300 ft2).
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 metres (1 ft) from the side lot line and the roof does not project
past the side lot line.
c) One detached private garage is permitted in any side yard or rear yard, provided there is
sufficient available space to comply with all other requirements in this Section.
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.
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.
f) 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 to locate in a rear yard.
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8.6
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 metre (3.3 ft) above grade level.
c) In a required rear yard, to a height no greater than 2.0 metres (6.5 ft) above grade level.
d) Except permitted accessory buildings, no fence or other structure shall be erected to a height of
more than 2.0 metres (6.5 ft).
8.7
SIGNAGE
a) One permanent sign is permitted per site. The facial area of a sign shall not exceed 1.0 m² (11
ft2) ;
b) In the case of a home occupation, an additional permanent sign is permitted 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 m² (11 ft2) advertising the sale or lease of the property or
other information relating to a temporary condition affecting the property are permitted.
8.8
PARKING
Off-street parking requirements shall be provided in accordance with the following:
Single detached, RTM
and modular homes
2 spaces per unit
Semi-detached, duplex
dwellings
2 spaces per unit
Public works
No requirements
Playgrounds and
swimming pools
No requirements
Apartment buildings
1.25 spaces per dwelling
Town house, fourplex,
and other multi-unit
dwellings
1.5 spaces per dwelling
Bed and breakfast
homes
1 space plus 1 space for each guest room
Residential care home
1 space plus 1 space for each non-resident staff member
Child day care centres
and pre-schools
1 space plus 1 additional space for every 10 persons enrolled in the facility
Adult day care centres
1 space plus 1 space per 5 persons enrolled in the facility
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8.9
OUTSIDE STORAGE
a) No outdoor storage shall be permitted in the required front yard of any residential site.
b) Council may apply special standards as a condition, or for a discretionary use approval,
regarding the location of areas used for storage for that use.
c) No wrecked, partially dismantled or inoperable vehicle or machinery shall be stored or displayed
in any required yard. No yard shall be used for the storage or collection of hazardous material.
d) Council may require special standards for the location setback or screening of any area devoted
to the outdoor storage of vehicles in operating condition, equipment and machinery normally
used for the maintenance of the residential property, vehicles, or vehicular parts.
e) Provision shall be made for the owner of the property to temporarily display a maximum of
either one (1) vehicle or recreational vehicle in operating condition that is for sale at any given
point in time.
8.10 STANDARDS FOR DISCRETIONARY USES
a) Dwellings are subject to the following additional standards:
i.
The minimum side yard of 3.5 metres (11 ft) or half the building height shall be
measured from the closest main wall of the principal building closest to the side site
line.
ii.
All principal buildings forming part of the group shall be located at least 3.5 metres from
any other principal building in the group.
iii.
The site area shall provide at least 370 m2 (3983 ft2) for each dwelling unit in the group
located at the grade level plus 65 m2 (700 ft2) for any dwelling unit located above the
main floor.
iv.
Council may apply special development standards regarding yard requirements to
reduce conflict with neighbouring uses.
b) Off-street parking spaces for adult day care centres, child day care centres, pre-school nurseries,
residential care facilities shall be located in a side or rear yard and be screened if thye are
adjacent to a site used for residential purposes.
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9.
TOWN CENTRE COMMERCIAL DISTRICT - C1
The purpose of the Town Centre Commercial District (C1) is to continue to encourage a "downtown"
experience by providing pedestrian oriented commercial activities and services.
No person shall within any C1-Town Centre Commercial District, use any land, or erect, alter, or use
any building or structure except in accordance with the following provisions:
9.1
PERMITTED USES
a) Banks, credit unions, and other financial institutions;
b) Administrative offices;
c) Barbers, hairdressers, and other similar personal services establishments;
d) Medical, dental, and other health care offices and clinics or health services;
e) Restaurants, cafes, coffee shops, and other similar fast food services;
f) Confectionaries and delicatessens;
g) Storefront retail stores and outlets;
h) Storefront bakeries, butcher shops, and similar food processing with on-site retail sales;
i)
Theatres, assembly halls, places of worship, service clubs;
j)
Commercial and public recreational establishments such as bowling alleys, arcades and fitness
centres;
k) Licensed premises for the sale and consumption of alcoholic beverages;
l)
Libraries, galleries, museums, and other similar cultural institutions;
m) Public transportation depots;
n) Newspaper offices and printing plants and services
o) Outdoor markets and concessions (permanent, seasonal, or occasional);
p) 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;
q) Storefront construction trades without yards;
r) Buildings, structures or uses accessory to and located on the same site as the principal building
or permitted use;
s) Public works buildings, offices and structures excluding warehouses, storage yards, and waste
management or sewage facilities.
9.2
DISCRETIONARY USES
The following may be permitted in the C1-Town Centre Commercial District but only by resolution of
Council and only in locations specified by such resolution of Council.
a) Dwellings attached to and behind, or above, commercial establishments;
b) Lumber and building supply establishments;
c) Animal hospitals, or clinics and offices of veterinary surgeons;
d) Shops of plumbers, pipe fitters, metal workers and other industrial trades manufacturing and
sales;
e) Funeral homes;
f) Other innovative commercial uses consistent with street level retail and services.
C1
50
9.3
SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements.
Commercial Uses
Minimum site area
278 m2 (2992 ft2)
Minimum site frontage
7.5 metres (25 ft)
Minimum site coverage
75%
Minimum front yard
No requirement
Minimum rear & side
yard
No requirement except 6 metres minimum rear if abutting a Residential
District without an intervening street or lane. 1.5 metre (5 ft) minimum side
yard if abutting a Residential District without an intervening street or lane.
Height
15 metres (49 ft)
Discretionary Uses
Lumber and Building Supply Establishments; Animal Hospitals, or Clinics and Offices of Veterinary
Surgeons; Shops of Plumbers, Pipe Fitters, Metal Workers and Other Industrial Trades Manufacturing
and Sales; Newspaper Offices and Printing Plants and Services; Funeral Homes; Other Innovative
Commercial Uses Consistent with Street Level Retail and Services
Minimum site area
235 m2 (2530 ft2)
Minimum site frontage
7.5 metres (25 feet)
Minimum site coverage
75%
Minimum front yard
No requirement
Minimum rear & side
yard
No requirement except 6 metres (20 ft) minimum rear if abutting a
Residential District without an intervening street or lane. 1.5 metre (5 ft)
minimum side yard is abutting a Residential District without an intervening
street or lane.
Height
15 metres (49 feet)
9.4
ACCESSORY BUILDINGS
Setbacks for accessory buildings shall meet the same requirements as the principal use or building.
9.5
SIGNAGE
Signs and billboards shall be prohibited in the C1 - Town Centre Commercial District except for signs
advertising the principal use of the premises or the principal products offered for sale on the premises.
Permitted signs shall be subject to the following requirements:
a) No sign shall be located in any manner that may obstruct or jeopardize the safety of the public;
b) One permanent sign is permitted per site. The facial area of a sign shall not exceed 3.5 m² (38
ft2). No sign shall exceed 6 m (20 ft) in total height above the ground.
51
c) Temporary signs not exceeding 1.0 m² (10.7 ft2) 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.
9.6
PARKING
Off-street parking requirements shall be provided in accordance with the following:
Commercial Use
No requirement
Restaurants, theatres,
assembly halls
1 parking space for every 10 seats
Hotels
1 parking space for every 2 guest sleeping rooms
Boarding House
1 parking space per room available for occupation
All other uses
1 parking space for each 70 m2 of gross floor area
a) Council may exempt from the requirement to provide off street parking facilities, any person
who constructs a new building and pays or agrees to pay to the Council $100.00 for each parking
space that would otherwise be required.
9.7
LANDSCAPING
Where a site abuts any Residential District without an intervening lane, there shall be a strip of land
adjacent to the abutting site line of not less than 1.5 metres (5 ft) in width throughout which shall not be
used for any purpose except landscaping.
9.8
STANDARDS FOR DISCRETIONARY USES
Dwelling Units
a) Dwelling units are permitted as long as the principal use is undergoing;
b) Dwelling units shall have a floor area smaller than or equal to the floor area in commercial use;
c) Minimum floor area for each dwelling unit shall be 45 m² (484 ft2);
d) All dwelling units shall have an entrance separate from that of the commercial establishment;
e) Dwelling units shall be located above or at the rear and attached to the principal commercial
use; and
f) Accessory residential uses shall conform to the Provincial Public Health and Fire Regulations.
Lumber Yards and Wholesale Trades
a) Development of such uses on other than the existing sites will be encouraged to locate on
vacant land with adequate space;
b) No outside storage is permitted for a wholesale establishment.
Other Requirements
a) Sites used for discretionary uses which may result in heavy truck traffic shall be located to
ensure that such traffic takes an access to or from major streets or designated truck routes;
b) All operations related to construction of trades, artisans, and craft shop offices shall be
conducted within an enclosed building. No exterior storage of materials, good, or waste
products is permitted, except within a waste disposal bin for collection.
52
10.
HIGHWAY COMMERCIAL DISTRICT - C2
The purpose of the Highway Commercial District (C2) is to facilitate a wide range of commercial and
related activities located along the highway.
No person shall within a C2 - Highway Commercial District use any land, or erect, alter, or use any
building or structure except in accordance with the following provisions:
10.1 PERMITTED USES
a) Business and/or professional offices;
b) Motels or motor hotels, including a dwelling for caretakers, owners, or managers;
c) Restaurants, confectionaries, including drive-thrus;
d) Licensed premises for the sale and consumption of alcoholic beverages;
e) Public transportation depots;
f) Service stations and other establishments for the servicing, storage and sale of motor vehicles,
trailers, recreation, or farm machinery and equipment;
g) Car wash;
h) Commercial and public recreational establishments such as bowling alleys, arcades and fitness
centres;
i)
Garden centres or commercial greenhouses;
j)
Lumber and building supply establishments;
k) Tourism oriented commercial recreation activities;
l)
Commercial cardlock operations;
m) Police, ambulance stations;
n) Accessory uses, including integrated or complementary uses, buildings or structures accessory
to and located on the same site as the principal building or use;
o) Public works offices, buildings, structures and warehouses excluding waste management or
sewage facilities.
10.2 DISCRETIONARY USES
The following uses may be permitted in the C2- Highway Commercial District but only by resolution of
Council and only in locations specified in such resolution of Council.
a) Oilfield supply and services establishments;
b) Animal hospitals, or clinics and offices of veterinary surgeons;
c) Construction trades and contractors' yards;
d) Shops of plumbers, pipe fitters, metal workers and other industrial trades manufacturing and
sales;
e) Rooming house;
f) Strip malls, shopping centres;
g) Motor vehicle, recreational vehicle, and/or mobile home sales storage compound;
h) Semi-trailer and container parking lot, including sea containers.
C2
53
10.3 PROHIBITED USES
a) Aggregate materials; storage or handling operations;
b) Abattoirs.
10.4 SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements.
Permitted Uses (other than Motels and Service Stations)
Minimum site area
1115 m² (12,002 ft2). There shall be no minimum site development
requirements for public works buildings.
Minimum site frontage
30 metres (98 ft)
Minimum front yard
6.0 metres (20 ft)
Minimum side yard
3.0 metres (10 ft)
Minimum rear yard
6.0 metres (20 ft)
Motels
Service Stations
Minimum site area
1600 m² (17,222 ft2)
928 m² (10,000 ft2)
Minimum site frontage
30.0 metres (98 ft)
30 metres (98 ft)
Minimum front yard
15 metres (49 ft)
7.5 metres (25 ft)
Minimum side yard
3.0 metres (10 ft)
3.0 metres (10 ft)
Minimum rear yard
6.0 metres (20 ft)
6.0 metres (20 ft)
Strip Malls/Shopping Centre Site Development Regulations
Minimum site area
1022 m² (11,000 ft2) plus 500 m2 (5,382 ft2) for each additional permitted
use
Minimum site frontage
75 metres (246 ft)
Maximum height
15.0 metres (49 ft)
Maximum site coverage
75%
Minimum front yard
7.5 metres (25 ft)
Minimum rear yard
9.0 metres (29.5 ft). When the rear site line abuts a railway right-of-way no
rear yard need be provided.
Minimum side yard
3.0 metres (10 ft)
54
Other Discretionary Uses
Oilfield supply and services
establishments; Construction
Trades and Contractors' yards;
Motor Vehicle, recreational
vehicle, and/or mobile home sales
storage compound; Semi-trailer
and Container Parking lot.
Shops of plumbers, pipe fitters,
metal workers and other industrial
trades manufacturing and sales;
Animal hospitals or clinics and office
of veterinary surgeons
Minimum site area
930 m² (10,010 ft2). There shall be
no minimum site development
requirements for public works
buildings.
730 m2 (7858 ft2)
Minimum site frontage
30.0 metres (98 ft)
20.0 metres (66 ft)
Minimum front yard
6.0 metres (20 ft)
6.0 metres (20 ft)
Minimum side yard
3.0 metres (10 ft)
3.0 metres (10 ft)
Minimum rear yard
6.0 metres (20 ft)
6.0 metres (20 ft)
10.5 ACCESSORY BUILDINGS
a) Setbacks for accessory buildings shall meet the same requirements as the principal use or
building.
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 yard.
10.6 FENCE AND HEDGE HEIGHTS
a) Screen fences shall be consistent and complement the quality of building design and materials
of the primary building. Screening shall be provided where a lot used for commercial or
industrial purposes abuts a residential district without an intervening street or land. Such
screening shall consist of a solid fence, hedge, or wall over 1.5 metres (5 ft) in height in a side or
rear yard and over 0.75 metres (2.5 ft) in a front yard.
b) No fence in a commercial or industrial zone shall exceed 2.4 metres (8 ft).
c) No barbed wire or razor wire fences shall be allowed in a Commercial District.
10.7 LANDSCAPING
a) A landscaped strip of not less than 3.0 metres (10 ft) in width throughout, lying parallel and
abutting the front site line, shall be provided on every site.
b) On corner lots, in addition to the landscaping required in the front yard, the whole of any
required side yard abutting the flanking street shall be landscaped.
55
c) Where a site abuts any Residential or Community Service District without an intervening lane,
there shall be a strip of land adjacent to the abutting site line of not less than 3.0 metres (10 ft)
in width throughout which shall not be used for any purpose except landscaping.
10.8 PARKING REQUIREMENTS
Strip malls or retail plazas
1 parking space for each 50 m² (538 ft2) of floor area
Stores and offices
1 parking space for every 50 m² (538 ft2) of gross floor area
Restaurants, other eating places 1 parking space for every 10 seats provided for patrons
Theatres, places of assembly
1 parking space for every 10 seats provided for patrons
Motels, motor hotels or hotels
1 parking space for each unit
Service stations
1 ½ parking spaces for each service bay
All other uses
1 parking space for each 70 m² (753 ft2) of building floor area
10.9 LOADING REQUIREMENTS
Where the use of a building or site involves the receipt, distribution or dispatch by vehicles of materials,
goods or merchandise, adequate space for such vehicles to stand for loading and unloading shall be
provided on the site. The minimum area of an individual loading space shall be 17 m² (183 ft2). Doors
located in side yards shall not be used for delivery purposes.
Gross Floor Area
Minimum Number of Loading Spaces
93 m² to 1300 m²
1 space
1300 m² to 2800 m²
2 spaces
<2800 m²
2 spaces +1 space for each 5600 m² (60,278 ft2)
10.10 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 3.5 m² (38
ft2). No sign shall exceed 6 m (20 ft) in total height above the ground.
b) No sign shall be located in any manner that may jeopardize public safety;
c) Temporary signs not exceeding 1.0 m² (10.7 ft2) 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.
56
10.11 OUTSIDE STORAGE
a) No outdoor storage shall be permitted in the required front yard of any commercial or industrial
site.
b) Council may apply special standards as a condition, or for a discretionary use approval,
regarding the location of areas used for storage for that use.
c) 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.
10.12 SUPPLEMENTARY REGULATIONS
Service Stations
a) Where service stations occupy a corner site, only one access point shall be located on the
flankage, located a minimum of 6.0 metres (20 ft) from the intersection.
b) Fuel pumps and other accessory equipment shall be located not less than 6.0 metres (20 ft)
from any street or site line.
c)
All automobile parts, dismantled vehicles, and similar articles shall be stored within a building or
screened to the satisfaction of Council.
d) Service stations shall locate underground storage tanks in accordance with The Fire Protection
Act.
e) Propane and natural gas pumps (retail or wholesale) shall be set back according to Provincial
regulations.
f) Access/egress points shall not be continuous along a street and shall be at least 10.0 metres (33
ft) apart.
g) Off-site traffic circulation shall be accommodated on the site.
h) 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.
10.13 STANDARDS FOR DISCRETIONARY USES
Shopping Centres/Strip Malls
Strip malls, when permitted, must be primarily for pedestrian use and accessible to the public from both
the street and from the development.
a) Council will consider the appropriate separation to other uses that may be incompatible with
shopping centre/strip mall retail and service activities.
b) Council will consider the potential uses and street access to the site when making a
discretionary use decision on a proposed shopping centre/strip mall. Ingress and egress points
shall be designed to minimize conflict with adjacent land uses and not pose a safety hazard.
c) Other criteria may include the street façade, main street entrance, windows along the street,
and the relaxation of on-site parking requirements.
57
d) Landscaping shall be provided acceptable to Council. If abutting a Residential District, a suitable
buffer composed of tree planting or a hedge shall be provided.
Other Requirements:
a) Sites used for discretionary uses which may result in heavy truck traffic shall be located to
ensure that such traffic takes access to or from major streets or designated truck routes.
58
11
GENERAL INDUSTRIAL DISTRICT - IND
The purpose of the Industrial District (IND) is to provide areas for industrial and industrial service
activities including a reasonable level of outdoor storage, but which is not of an obnoxious, hazard or
offensive nature.
No person shall within any IND - Industrial District use any land, or erect, alter, or use any building or
structure expect in accordance with the following provisions:
11.1 PERMITTED USES
a) Business and/or professional offices;
b) Industrial Parks containing a combination of permitted uses;
c) Buildings, structures, and uses accessory to, and located on the same site as the principal
building or use excepting any building or structure used for human habitation;
d) Indoor repair, rental, servicing, storage, wholesale of any commodity and/or retail sales of any
goods, materials and/or commodities excluding any hazardous materials;
e) Manufacturing, fabricating, processing, assembly, finishing, production or packaging of
materials, goods, or products that are not noxious;
f) Auto body shops;
g) Construction and other contractors, industrial trades, workshops, yards, plants, and/or offices;
h) Warehousing and supply depots;
i)
Farm and Industrial machinery equipment and vehicle sales and service;
j)
Trucking operations;
k) Semi-Trailer and Container Parking Lot including Sea Containers;
l)
Lumber and building supply establishments;
m) Construction of RTM homes or agricultural building assembly area;
n) Motor vehicle, recreational vehicle, and/or mobile home sales and servicing and/or storage
compound;
o) Commercial recycling depots;
p) Public works buildings and structures including offices, warehouses, storage, yards, and waste
management or sewage facilities.
11.2 DISCRETIONARY USES
The following uses may be permitted in the IND-General Industrial District but only by resolution of
Council and only in locations specified in such resolution of Council.
a) Stockyards and auction marts;
b) Salvage yards and auto wreckers;
c) Meat processing plants/abattoirs;
d) Seed cleaning plants, feed mills and flour mills;
e) Cement manufacturing;
f) Bulk fertilizer sales;
g) Bulk fuel storage;
h) Aggregate material storage or handling operations;
i)
Wind energy facilities (refer to Section 5.10).
IND
59
11.3 SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements.
Minimum site area
929 m2 (10,000 ft2)
Minimum site frontage
30 metres (98 ft)
Minimum front yard
7.5 metres (25 ft)
Minimum rear yard
6.0 metres (20 ft), No requirement where abutting a railway
Minimum side yard
3.0 metres (10 ft)
Height
15 metres (49 ft)
Service Stations
Minimum site area
928 m² (10,000 ft2)
Minimum site frontage
30 metres (98 ft)
Minimum front yard
7.5 metres (25 ft)
Minimum side yard
3.0 metres (10 ft)
Minimum rear yard
6.0 metres (20 ft)
Discretionary Uses
Minimum site area
928 m² (10,000 ft2)
Minimum site frontage
30 metres (98 ft)
Minimum front yard
7.5 metres (25 ft)
Minimum side yard
3.0 metres (10 ft)
Minimum rear yard
6.0 metres (20 ft)
11.4 ACCESSORY BUILDINGS
a) Setbacks for accessory buildings shall meet the same requirements as the principal use or
building.
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.
11.5 FENCE AND HEDGE HEIGHTS
a) Screen fences shall be consistent and complement the quality of building design and materials
of the primary building. Screening shall be provided where a lot used for commercial or
industrial purposes abuts a Residential District without an intervening street or land. Such
60
screening shall consist of a solid fence, hedge, or wall over 1.5 metres (5 ft) in height in a side or
rear yard and over 0.75 metres (2.5 ft) in a front yard.
b) No fence in a commercial or industrial zone shall exceed 2.4 metres (8 ft).
c) No barbed wire, or razor wire fences shall be allowed in an Industrial District.
11.6 LANDSCAPING
a) A landscaped strip of not less than 3.0 metres (10 ft) in width throughout, lying parallel and
abutting the front site line, shall be provided on every site.
b) On corner lots, in addition to the landscaping required in the front yard, the whole of any
required side yard abutting the flanking street shall be landscaped.
c) Where a site abuts any Residential District without an intervening lane, there shall be a strip of
land adjacent to the abutting site line of not less than 3.0 metres (10 ft) in width throughout
which shall not be used for any purpose except landscaping.
11.7 PARKING
Off-street parking requirements shall be provided in accordance with the following:
Warehouses or manufacturing
activities
1 parking space for each 90 m² (969 ft2) of gross floor area.
Principal buildings
1 parking space for each 70 m² (753 ft2) of gross floor area, or 1
parking space for each 1.5 employees, whichever is greater.
11.8 LOADING REQUIREMENTS
Where the use of a building or site involves the receipt, distribution, or dispatch by vehicles of materials,
goods, or merchandise, adequate space for such vehicles to stand for loading and unloading without
restricting access to all parts of the site shall be provided on the site. The minimum area of an individual
loading space shall be 17m² (183 ft2).
11.9 SIGNAGE
Signs and billboards are prohibited in the IND- Light Industrial District except for signs advertising the
principal use of the premises or the names of the occupants of the premises. Permitted signs shall be
subject to the following regulations:
a) One permanent sign is permitted per site. The facial area of a sign shall not exceed 3.5 m² (38
ft2). No sign shall exceed 6 m (20 ft) in total height above the ground.
b) No sign shall be located in any manner that may obstruct or jeopardize the safety of the public;
c) Temporary signs not exceeding 1.0 m² (10.8 ft2) 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.
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11.10
OUTSIDE STORAGE
a) No outdoor storage shall be permitted in the required front yard of any commercial or industrial
site.
b) No yard shall be used for the storage or collection of hazardous material.
c) Council may apply special standards as a condition, or for a discretionary use approval,
regarding the location of areas used for storage for that use.
d) Council may require special standards for the location setback or screening of any area devoted
to the outdoor storage of vehicles in operating condition, equipment and machinery normally
used for the maintenance of the property, vehicles, or vehicular parts.
e) All outside storage shall be fenced and where the area abuts a residential area. All junk yards or
auto wrecking yards shall be totally enclosed by a sturdy fence built to a minimum height of 2.0
metres (6.5 ft) and constructed of material suitable to conceal from view the materials stored on
site. No materials shall be stacked above the height of the fence.
f) All automobile parts, dismantled vehicles, storage drums and crates, stockpiled material, and
similar articles and materials shall be stored within a building or shall be suitably screened from
public view.
11.11
STANDARDS FOR DISCRETIONARY USES
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.
c) All salvage yards shall be totally hidden from the view of the travelling public, provincial
highways, any public road and adjacent residential development by utilizing any of the following
measures:
i. distance and careful location;
ii. natural or planted vegetation;
iii. an earth berm;
iv. an opaque fence;
v. a building;
vi. other appropriate methods as approved by Council.
11.12
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;
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d) Odor - the emission of any odorous gas or other odorous matter is prohibited;
e) Toxic gases - the emission of any toxic gases or other toxic substances is prohibited;
f) Glare or heat - no industrial operation shall be carried out that would produce glare or heat
noticed beyond the property line of the lot;
g) External storage - external storage of goods or material is permitted if kept in a neat and orderly
manner or suitably enclosed by a fence or wall to the satisfaction of the authority having
jurisdiction. No storage shall be permitted in the front yard;
h) Industrial wastes - waste which does not conform to the standards established from time to
time by Town Bylaws shall not be discharged into any Town sewers;
i)
The onus of proving to Council's satisfaction that a proposed development does and will comply
with these requirements rests with the developer.
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12
COMMUNITY SERVICE DISTRICT - CS
The purpose of the Community Service District is to provide areas for a wide range of
community service related activities including social, recreational, institutional, parks, and public service.
No person shall, within any CS - Community Service District, use any land, or erect, alter, or use any
building or structure except in accordance with the following provisions:
12.1 PERMITTED USES
a) 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;
b) Elementary, high schools, and other educational facilities;
c) Lodges, social clubs, service clubs;
d) Municipal offices, libraries, historic and cultural institutions, community halls;
e) Places of worship and assembly halls;
f) Child and adult daycare;
g) Health facilities and special care homes;
h) Recreational - sports fields, parks, playgrounds, curling rinks, skating rinks, tennis courts, lawn
bowling greens, swimming pools, and other similar uses. More than one recreational use may be
permitted per site;
i)
Golf courses;
j)
Natural and nature-like open areas;
k) Community gardens;
l)
Pedestrian trails and bicycle pathways;
m) Skateboard parks or BMX bike-terrain;
n) Scenic lookout and interpretation facilities, rest stops, and other public trail facilities;
o) Public works buildings and structures excluding storage yards, warehouses, drainage ditches,
culverts, and other drainage works, and shall include water reservoirs, waste management sites,
and sewage treatment facilities.
12.2 DISCRETIONARY USES
The following uses may be permitted in the Community Service District but only by resolution of
Council and only in locations specified in such resolution of Council.
a) Retail stores;
b) Tourist campgrounds;
c) Commercial recreation facilities;
d) Wind energy facilities (refer to Section 5.10).
12.3 SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements.
CS
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Permitted Uses (other than education facilities, rinks and swimming pools)
Minimum site area
450 m² (4,843 ft2)
Minimum site frontage
15 metres (49 ft)
Minimum front yard
7.5 metres (25 ft)
Minimum rear yard
7.5 metres (25 ft)
Minimum side yard
50% of the height of the building or 3.0 metres (10 ft), whichever is greater
Elementary and Secondary Schools
Minimum site area
No minimum requirement
Minimum site frontage
15 metres (49 ft)
Maximum site coverage
75%
Minimum front yard
7.5 metres (25 ft)
Minimum rear yard
7.5 metres (25 ft)
Minimum side yard
50% of the height of the building or 3.0 metres (10 ft), whichever is greater
Skating, Curling Rinks and Swimming Pools
Minimum site area
1200 m² (12,917 ft2)
Minimum site frontage
20.0 metres (65 ft)
Minimum front yard
7.5 metres (25 ft)
Minimum rear yard
7.5 metres (25 ft)
Minimum side yard
1.5 metres (5 ft) except on a corner site abutting a street in which case 3.6
metres (12 ft) shall be provided
Accessory Buildings
Minimum front yard
7.5 metres (25 ft)
Principal building
All accessory buildings shall be set back 1.2 metres (4 ft) from the principal
building
Minimum side yard
0.8 metres (2.6 ft) unless the side site line is abutting a street in which case
the side yard shall be 3.6 metres (12 ft)
Minimum rear yard
All accessory buildings with a door or doors opening onto a lane shall not be
located less than 2.0 metres (6.5 ft) from the site line abutting the lane
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12.4 SIGNAGE
13
One permanent sign is permitted per site. The facial area of a sign shall not exceed 3.5 m² (38
ft2). No sign shall exceed 6 m (20 ft) in total height above the ground;
a) Billboards are prohibited except for one information sign for each building or use and those
bearing notices of special events and activities, or other information relating to a temporary
condition affecting the site and shall not exceed 1.0 m² (10.7 ft2) in size;
b) Temporary signs advertising product prices or sales, special events related to retail and service
activities, or advertising community or charity activities or events, are permitted.
12.5 PARKING
Off-street parking requirements shall be provided in accordance with the following:
Elementary school
1 parking space for each staff member
High school
1 parking space for each staff member, plus 1 parking space for
every 10 students
Churches and places of assembly
1 parking space for each 50 m² (538 ft2) of floor area
Special care homes
1 parking space for each bed.
Institutional buildings, private clubs
and lodges
1 parking space for each 50 m² (538 ft2) of floor area
Recreational buildings, sports
facilities and fields
1 parking space for each of every ten patrons or seats.
12.6 OUTDOOR STORAGE
a) No outdoor storage shall be permitted in the front yard of any Community Service District;
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.
12.7 LANDSCAPING
a) A landscaped strip of not less than 3.0 metres (10 ft) in width throughout, lying parallel and
abutting the front site line, shall be provided on every site;
b) On corner lots, in addition to the landscaping required in the front yard, the whole of any
required side yard abutting the flanking street shall be landscaped;
c) Where a site abuts any Residential District without an intervening lane, there shall be a strip of
land adjacent to the abutting site line of not less than 1.5 metres (5 ft) in width throughout
which shall not be used for any purpose except landscaping.
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13.
PASSIVE COMMUNITY SERVICE DISTRICT - CS2
The purpose of the Community Service District (CS2) is to provide areas for passive community services
related activities including social, recreational, parks, and public service.
No person shall, within any CS2 - Passive Community Service District use any land, or erect, alter, or
use any building or structure except in accordance with the following provisions:
13.1 PERMITTED USES
a) Passive recreational - sports fields, parks, playgrounds, tennis courts, lawn bowling greens;
b) Golf courses;
c) Natural and nature-like open areas;
d) Community gardens;
e) Pedestrian trails and bicycle pathways;
f) Skateboard parks or BMX bike-terrain;
g) Scenic lookout and interpretation facilities, rest stops, and other public trail facilities.
13.2 SITE DEVELOPMENT REGULATIONS
Public works shall have no minimum or maximum site requirements.
Permitted Uses
Minimum site area
No minimum
Minimum site frontage
15 metres (49 ft)
Minimum front yard
7.5 metres (25 ft)
Minimum rear yard
7.5 metres (25 ft)
Minimum side yard
50% of the height of the building or 3.0 metres (10 ft), whichever is greater
a) More than one recreational use may be permitted per site.
13.3 SIGNAGE
a) One permanent sign is permitted per site. The facial area of a sign shall not exceed 3.5 m² (38
ft2). No sign shall exceed 6 m (20 ft) in total height above the ground;
b) Billboards are prohibited except for one information sign for each building or use and those
bearing notices of special events and activities, or other information relating to a temporary
condition affecting the site and shall not exceed 1.0 m² (10.7 ft2) in size;
c) Temporary signs advertising product prices or sales, special events related to retail and service
activities, or advertising community or charity activities or events, are permitted.
13.4 LANDSCAPING
a) A landscaped strip of not less than 3.0 metres (10 ft) in width throughout, lying parallel and
abutting the front site line, shall be provided on every site;
CS2
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b) On corner lots, in addition to the landscaping required in the front yard, the whole of any
required side yard abutting the flanking street shall be landscaped.
c) Where a site abuts any Residential District without an intervening lane, there shall be a strip of
land adjacent to the abutting site line of not less than 1.5 metres (5 ft) in width throughout
which shall not be used for any purpose except landscaping.
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14.
FUTURE URBAN DEVELOPMENT - FUD
The purpose of this District is to limit development that may affect future growth of the Town by
providing for temporary and transitional uses and activities.
No person shall within any FUD - Future Urban Development District use any land, or erect, alter, or
use any building or structure, except in accordance with the following provisions:
14.1 Permitted Uses
a) Agricultural crop production and horticultural uses and buildings and structures customarily
accessory to the use;
b) Commercial greenhouses, market gardens, and sod farms;
c) Uses, buildings and structures accessory to the principal building or use;
d) Keeping of livestock, but excluding intensive livestock operations, poultry farms, hatcheries, or
commercial kennels;
e) Recreational uses and sports grounds;
f) Recreational vehicle storage yards;
g) Public works buildings and structures including offices, warehouses, storage, yards, and waste
management or sewage facilities.
14.2 Discretionary Uses
The following uses may be permitted in the Future Urban Development District but only by resolution
of Council and only in locations specified in such resolution of Council.
a) One single detached dwelling and buildings accessory to the principal use and occupied by the
owner, manager, or caretaker of the principal use;
b) Large Accessory buildings;
c) Places of worship;
d) Veterinary hospitals and clinics;
e) Waste recycling depots;
f) Cemeteries;
g) Wind energy facilities (refer to Section 5.10).
14.3 Site Development Regulations
Public works shall have no minimum or maximum site requirements.
Minimum site area
Existing, no subdivision or 1 hectare (2.5 acres) for agricultural uses
Minimum site frontage
60 metres (197 ft) abutting a highway or 6.0 metres (19.6 ft) abutting a
street
Minimum front yard
15 metres (49 ft) unless the property abuts a municipal road, then the
setback is 60 metres (197 ft) from the centerline of the municipal road
Minimum side yard
7.5 metres (25 ft) for a dwelling and buildings accessory thereto, except the
minimum side yard abutting a public street shall be 10 metres (33 ft)
Minimum rear yard
10 metres (33 ft) for dwellings and buildings accessory thereto except that
the minimum rear yard abutting a public street shall be 30 metres (98 ft)
FUD
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14.4 Signage
a) One permanent sign is permitted per site. The facial area of a sign shall not exceed 1.0 m² (10.7
ft2);
b) In the case of a home occupation, an additional permanent sign is permitted;
c) No sign shall be located in any manner that may obstruct or jeopardize the safety of the public;
d) Temporary signs not exceeding 1.0 m² (10.7 ft2) advertising the sale or lease of the property or
other information relating to a temporary condition affecting the property are permitted.
14.5 Keeping of Livestock
a) A maximum limit of 15 livestock units per 28 acres of pasture lands shall be permitted in the
FUD District.
14.6 Supplementary Regulations
a) Council will consider applications for permitted and discretionary use with respect to the
following criteria:
i.
The infrastructure servicing capacity is available to service the development without
excessive impact on other uses being served by the system.
ii.
The proposed development will be consistent with any concept plans in force in the area
and will not be inconsistent with the future use and development plans of the Wolseley
Official Community Plan.
iii.
The development will not require the development of new streets and utility lines except
as may be provide for in existing plans under the Wolseley Official Community Plan, and
that the proposal is not premature to existing plans within the plan.
b) Where a development is proposed at a location at which standard connection to the Town's
existing sewer and water system is not feasible, the developer shall at their expense provide
suitable water supply and sewage disposal facilities for that development acceptable to Council
and that meets The Public Health Act and Regulations requirements. Domestic waste disposal
systems located on the site and serving only the principal use will be a permitted use to that
principal use.
c) Any building or structure used for the habitation or shelter of animals permitted in this Zoning
District shall be located a minimum distance of 76.0 metres (250 ft2) from an occupied dwelling
situated on an adjoining site.
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15.
FLOOD HAZARD OVERLAY - FH
The intent of the Flood Hazard Overlay is to restrict development in areas that are considered hazardous
for development in order to minimize property damage due to flooding. The following regulations are
intended to apply supplementary standards for development in areas designated as flood hazard zones.
No person shall within any FH - Flood Hazard Overlay District use any land, or erect, alter, or use any
building or structure, except in accordance with the following provisions:
15.1 Defining the Boundary
For all proposed development in this cautionary area, the developer shall be required to contact the
Saskatchewan Water Security Agency to determine the 1:500 year return frequency flood event and
necessary freeboard.
15.2 Permitted Uses
a) Agricultural uses, but not including buildings and structures accessory thereto; and does not
include Intensive Livestock Operations or harvest preserves;
b) Recreational uses;
c) Wildlife habitats and sanctuaries;
d) Uses in existence at the time of passing this Bylaw.
15.3 Prohibited Uses
a) "Hazardous Substances and Waste Dangerous Goods" are prohibited, as defined by the
Hazardous Substances and Waste Dangerous Goods Control regulations of the Environmental
Management and Protection Act of Saskatchewan.
15.4 Site Regulations in the Flood Hazard Areas
a) No person shall use any land, erect, alter or use any building or structure within the Flood
Hazard Lands without a development permit;
b) No person shall backfill, grade, deposit earth or other material, excavate, or store goods or
materials on these lands.
15.5 Flood Proofing Regulations
a) A development permit shall not be issued for any land use, erection, alteration or use of any
building or structure within the Flood Hazard Overlay area unless the site/development meets
approved flood proofing measures to the 1:500 flood design elevation;
b) Any existing buildings may be replaced or expanded subject to appropriate flood proofing
measure being provided;
c) For the purpose of this Bylaw, appropriate flood proofing measure shall mean:
i.
That all buildings shall be designed to prevent structural damage by flood waters;
ii.
The first floor of all buildings shall be constructed above the designated flood design
elevation; and
iii.
All electrical and mechanical equipment within a building shall be located above the
designated flood design elevation.
FH