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Village of Edenwold Zoning Bylaw
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Table of Contents

1       - INTRODUCTION............................................................................................................................. 1

1.1        TITLE.............................................................................................................................................. 1

1.2        SCOPE.......................................................................................................................................... 1

1.3        SEVERABILITY........................................................................................................................................... 1

2       - INTERPRETATION.......................................................................................................................................... 2

3       - ADMINISTRATION.......................................................................................................................................... 7

3.1        DEVELOPMENT OFFICER........................................................................................................................ 7

3.2        DEVELOPMENT PERMIT.......................................................................................................................... 7

3.3        APPLICATION FOR A DEVELOPMENT PERMIT............................................................................... 7

3.4        REVIEW OF APPLICATIONS.................................................................................................................... 7

3.5        Referrals to Council............................................................................................................................. 8

3.6        DECISION...................................................................................................................................................... 8

3.7        DEVELOPMENT APPEALS........................................................................................................................ 8

3.8 Fees and Advertising......................................................................................................................... 9

3.9        OFFENSES AND PENALTIES –................................................................................................................. 9

3.10     NON-CONFORMING  USES AND NON-CONFORMING BUILDINGS............................................ 9

4       - GENERAL REGULATIONS......................................................................................................................... 10

4.1        LICENSES, PERMITS AND COMPLIANCE WITH OTHER BYLAWS AND LEGISLATION. 10

4.2        BUILDING LINE........................................................................................................................................ 10

4.3        NUMBER OF PRINCIPAL BUILDINGS PERMITTED ON A LOT................................................. 10

4.4        REQUIRED YARDS AND OPEN SPACE............................................................................................... 10

4.5        ACCESSORY BUILDINGS....................................................................................................................... 10

4.6        SERVICING................................................................................................................................................. 11

5       - ZONING DISTRICTS..................................................................................................................................... 12

5.1        CLASSIFICATION OF ZONING DISTRICTS...................................................................................... 12

5.2        THE ZONING DISTRICT MAP............................................................................................................... 12

5.3        BOUNDARIES OF ZONING DISTRICTS.............................................................................................. 12

5.4        ZONING DISTRICTS................................................................................................................................. 12

6       - DISTRICT SCHEDULES............................................................................................................................... 13

6.1        R - RESIDENTIAL DISTRICT................................................................................................................. 13

6.2        C - COMMERCIAL DISTRICT............................................................................................................... 17

6.3        FD - FUTURE DEVELOPMENT DISTRICT......................................................................................... 20

7       - COMING INTO FORCE................................................................................................................................ 21

7.1        COMING INTO FORCE............................................................................................................................ 21





1 - INTRODUCTION



Under the authority of The Planning and Development Act, 2007, and Bylaw No. 05 06, the Official Community Plan of the Village of Edenwold, the Council of the Village of Edenwold in the Province of Saskatchewan, in open meeting, hereby enact as follows:


1.1 TITLE


This Bylaw shall be known and may be cited as the #06 06 Zoning Bylaw of the Village of Edenwold.


1.2 SCOPE


Development shall be permitted within the limits of the Village of Edenwold only when in conformity with the provisions of this Bylaw.


1.3 SEVERABILITY


If any section, clause or provision of this Bylaw, including anything shown on the Zoning District Map, is for any reason declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Bylaw as a whole or part, other than the section, clause, provision or anything shown on the Zoning District Map, declared to be invalid.


2 - INTERPRETATION


Whenever in this bylaw the following words or terms are used, they shall, unless the context otherwise provides, be held to have the following meaning:


Accessory Use - A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.


Act - The Planning and Development Act, 1983.


Administrator - The Administrator or Clerk of the Village of Edenwold.


Alter - Any structural change in, or addition to, a building or structure, and shall include a change from one type of use to another.


Building - A structure constructed or placed on, in or over land but does not include a public highway.


Building, Accessory - A subordinate detached building appurtenant to a principal building or principal use and located on the same lot.


Building Height - The vertical distance of a building measured from grade level to the highest point of the roof.


Building, Principal - The building in which is conducted the main or primary use of the lot on which said building is situated.


Building Line, Established - A line, parallel to the front lot lines of a single block face, and set back the average distance from the edge of the street to the main walls of the existing buildings on a side of the street where more than half the lots have been built on.


Carport - A roofed enclosure for the parking of a motor vehicle or motor vehicles which has less than 60% of the total perimeter enclosed by walls, doors or windows and is attached to a principal building.


Club - A group of people organized for a common purpose, to pursue common goals, interests or activities, usually characterized by certain membership qualifications, payment of dues or fees, regular meetings, and a constitution and bylaws; and shall include lodges and fraternal organizations.


Construction Trades - Offices, shops and warehouses, with or without associated retail sales of plumbing and heating, electrical, carpentry, masonry and other trades associated with construction of buildings.


Council - The Council of the Village of Edenwold.


Cultural Institution - Establishments such as museums, art galleries, libraries and similar facilities of historical, educational or cultural interest, operated by a public or registered charitable organization.


Deck - A raised open platform with or without rails attached to a principal building.


Development - The carrying out of any building, engineering, mining or other operations in, on, or over land, or the making of any material change in the use or intensity of use of any building or land.


Development Permit - A document authorizing a development, issued pursuant to this zoning bylaw.


Discretionary Use - A use or form of development that may be allowed in a zoning district following application to, and approval of the Council; and which complies with the development standards, as required by Council, contained in this bylaw.


Dwelling, Detached with Added Suite - A single detached dwelling, as herein defined, to which has been added a second dwelling unit by converting a suite of habitable rooms.


Dwelling, Multiple Unit - A building divided into three or more dwelling units as herein defined and shall include town or row houses and apartments but not rooming houses, hotels, or motels.


Dwelling, Semi-Detached - A building divided vertically into two dwelling units, separated by a common party wall without openings throughout the entire structure.


Dwelling, Single Detached - A detached building consisting of one dwelling unit as herein defined, but shall not include a mobile or modular home as herein defined.


Dwelling Unit - One or more habitable rooms constituting a self-contained unit used as a residence, each unit having sleeping, cooking and toilet facilities.


Dwelling Group - Two or more single detached, semi-detached dwelling units located on a single lot or site.


Fence - An artificially constructed barrier erected to enclose or screen areas of land.


Floor Area - The maximum habitable area contained within the outside walls of a building at, or above grade level, excluding in the case of a dwelling unit any private garage, porch, sunroom, or unfinished attic.


Frontage - The side of a lot abutting a street, and in the case of a corner lot, the shorter of the sides is the frontage.


Garage, Private - A building or part of a building used or intended to be used for the storage of motor vehicles for the dwelling unit to which the garage is accessory.


Gas Bar - A building or facility used for the retail sale of motor vehicle fuels from fixed pumps.


Grade level - The finished ground elevation at the front of the principal building, midway between the front corners of the building.


Home Occupation - An occupation conducted by the occupants of a residential building and which is clearly secondary to the residential use of the dwelling and does not change the building's exterior character.


Hotel - A building or part of a building used as a place for sleeping accommodation with or without meals, and which may have a licensed beverage room, but does not include a motel or rooming house.


Lane - A public highway vested in the Crown as a secondary level of access to a lot or parcel of land.


Lot - An area of land with fixed boundaries and which is of record in the Land Titles Office by Certificate of Title.


Lot Line, Front - The line that divides the lot from the street.  In the case of a corner lot, the front lot line shall mean the line separating the narrowest street frontage of the lot from the street.


Lot Line, Rear - The line at the rear of the lot and opposite the front lot line.


Lot Line, Side - A lot line other than a front or rear lot line.


Mayor - The Mayor of the Village of Edenwold.


Minister - The member of the Executive Council to whom, for the time being, the administration of the Act is assigned.


Mobile Home - A factory built trailer coach:

a)    That may used as a dwelling all year round;

b)    That has water faucets and shower or other bathing facilities that may be connected to a water distribution system;

c)     That has facilities for washing and a water closet or other similar facility that may be connected to a sewage lagoon; and

d)    That conforms to Canadian Standards Association, Construction Standard No. Z240.2.1- standard or revisions thereto.


Mobile Home Court - Any parcel of land on which two or more occupied mobile homes are located and includes any structure used or intended to be used as part of the equipment of such mobile home court.


Modular Home - a factory built home that is manufactured as a whole or modular unit and is designed to be moved on a removable chassis to be used as one dwelling unit, and is certified by the manufacturer that it complies with the Canadian Standards Association Code CSA-A277 standard or revisions thereto.


Modular Home, Single Wide - a modular home that is less than 5 metres (16.40 ft.) in width.


Modular Home, Double Wide - a modular home that is greater than 8 metres (26.25 ft.) in width.


Motel - An establishment consisting of a group of attached or detached living or sleeping accommodations each with a bathroom, located on a lot or lots and designed for use by the public, and may include a licensed dining room.


Municipality - The Village of Edenwold.


Non-Conforming Building - A building:

a)    that is lawfully constructed or lawfully under construction, or in respect to which all required permits have been issued, on the date that this Bylaw or any amendment to the Bylaw affecting the building or land on which the building is situated or will be situated, becomes effective, and

b)   that on the date this Bylaw or any amendment hereto becomes effective does not or when constructed will not comply with this Bylaw.


Non-Conforming Use - A lawful specific use:

a)    being made of land or a building or intended to be made of a building lawfully under construction, or in respect to which all required permits have been issued, on the date this Bylaw or any amendment hereto becomes effective, and

b)    that on the date this Bylaw or any amendment hereto becomes effective does not, or in the case of a building under construction or in respect of which all required permits have been issued, will not comply with this Bylaw.


Parking Space, Vehicle - A space within a building or parking lot for the parking of one vehicle, having minimum dimensions of 2.4 metres (8 ft.) wide by 5.5 metres (18 ft.) deep, and which has access to a developed street or lane.


Permitted Use - An use or form of development, other than a discretionary use, specifically allowed in a zoning district subject to the regulations applicable to that zoning district.


Personal Service Shops - Establishments engaged in providing the care of a person or their apparel, which include barber shops, hairstyle salons, laundries, dry cleaners, shoe repair, photographic studios and other similar uses.


Public Work


a)    Systems for the production or distribution of electricity;

b)    systems for the distribution of natural gas or oil;

c)     facilities for the storage, transmission, treatment, distribution or supply of water;

d)    facilities for the collection, treatment, movement or disposal of sanitary sewage; or

e)     telephone or light distribution lines,

that are owned or operated by the Crown or a municipality.


Recreational facility, commercial - A recreation or amusement facility operated as a business and open to the general public for a fee.


Recreational facility, public - A recreation or amusement facility operated by the province, municipality, or a non-profit organization and open to the general public.


Recreation vehicle - A unit intended to provide temporary living accommodation for campers or travellers; built as part of, or to be towed by, a motor vehicle to be used on a public highway without special permit; and includes truck campers, motor homes, tent trailers and travel trailers.


Residential Care Facility - a private service home or residential service facility as defined and licensed in the Residential Services Act, and used for the lodging, supervision, personal care or individual programming of up to nine (9) persons, but does not include a rehabilitation facility.


Retail store - Establishments engaged in selling goods or merchandise to the general public for personal or household use; and rendering services incidental to the sale of such goods; including sale of groceries, hardware, dry goods, sporting goods, novelties, jewellery, household appliances, books and magazines.


Rooming House - A building containing more than one rooming unit.


Rooming Unit - A room or rooms for accommodation, other than a dwelling unit or other form of accommodation as defined elsewhere in this bylaw, with sleeping facilities but without private toilet facilities.


Screening - A fence, wall, berm or planted vegetation located so as to visually shield or obscure one abutting area of use from another.


Service Station - A building or part of a building other than a private garage used for the retail sale of lubricating oils and motor fuels, and automobile accessories, storage, care, repair, servicing or equipping of motor vehicles or where such vehicles are kept for remuneration, hire, sale or display and which may include a cafeteria.


Sign - Any device, letters, figures, symbols, emblems, or pictures which are affixed to, or represented directly or indirectly  upon a building or structure, which identify or advertise any object, product, place, activity, person, organization or business; and which is visible to a street.


Sign, temporary - A removable sign erected for a period of time not exceeding six months.


Site - One or more contiguous lots under one title and used, or intended to be used by a single principal use or principal building.


Special Care Home - An extended or intermediate care facility licensed or approved under the Housing and Special-care Homes Act, which provides full time convalescent or chronic care to persons who, by reason of advanced age, chronic illness or infirmity are unable to care for themselves, including nursing homes.


Street - A public thoroughfare which affords the principal means of access to the abutting property.


Structural Alteration - The construction or reconstruction of supporting elements of a building or other structure.


Tourist Campground - A tract or parcel of land which provides for the location of tents or trailer coaches used by travellers and tourists for overnight accommodation.


Trailer Coach - any vehicle used or constructed in such a way as to enable it to be used as a conveyance upon public streets or highways and includes a self-propelled or non-self-propelled vehicle designed, constructed or reconstructed in such a manner as to permit the occupancy thereof as a dwelling or sleeping place for one or more persons notwithstanding that its running gear is removed or that it is jacked up.


Use - The purpose or activity for which a piece of land, or its building is designed, arranged, intended, occupied or maintained.


Warehouse - A building used primarily for the storage of goods and materials.


Yard - Any part of a lot unoccupied or unobstructed by any principal building.


Yard, Front - A yard extending across the full width of a lot between the front lot line and the nearest main wall of the principal building or structure on the lot.


Yard, Rear - A yard extending across the full width of the lot between the rear lot line and the nearest main wall of the principal building or structure on the lot.


Yard, Required - The open space between a lot line and the buildable area of a lot, within which no building or structure shall be located except as provided in the zoning bylaw.


Yard, Side - A yard extending from the front yard to the rear yard between the side lot line and the nearest wall exclusive of the eaves of the principal building on the lot.


Zoning District - A specifically delineated area of the municipality within which certain uniform requirements and regulations or various combinations thereof govern the use, placement, spacing and size of land and structures.


3 - ADMINISTRATION


3.1 DEVELOPMENT OFFICER


The Administrator of the Village of Edenwold shall be the Development Officer responsible for the administration of this bylaw.

3.2 DEVELOPMENT PERMIT


3.2.1 Except as provided in Section 3.2.2 no person shall undertake a development or commence a use unless a Development Permit has first been obtained. A Development Permit cannot be issued in contravention of any of the provisions of this Bylaw.


3.2.2 A Development Permit is not required for the following, but all other applicable provisions of this bylaw are to be followed:


(1)   the maintenance of a public work;

(2)   the construction of a public work by the Village of Edenwold;

(3)   the installation of public works on any street or other public right-of-way;

(4)   maintenance and repairs that do not include structural alterations;

(5)   accessory buildings under 9.3 m2 (100 ft2).

(6)   any facility installed and operated by the Municipality.


3.2.3 A building permit shall not be issued unless a Development Permit, where required, has also been issued.


3.2.4 If the development or use authorized by a Development Permit is not commenced within six months from the date of its issue, and completed within twelve months of its issue, the permit is deemed void unless an extension to the period has first been granted.


3.3 APPLICATION FOR A DEVELOPMENT PERMIT


3.3.1 The application for a Development Permit shall be made, to the Development Officer, in Form A, as adopted or amended by resolution of council.  The application shall be accompanied by two copies of a lot or building plan showing dimensions and locations of existing and proposed buildings and structures as well as lot lines.  Where no new construction is proposed the applicant shall supply a written description of the proposed development in place of such plans.


3.3.2 Where the application is for a Discretionary Use, the applicant shall also provide a written description of the proposed development describing the intended use and operations, structures to be located on the lot, required municipal services, and any other information that Council determines is necessary to fully review the proposed development.


3.4 REVIEW OF APPLICATIONS


3.4.1 The Development Officer is responsible for reviewing all applications to ensure that the proposed development complies with all applicable regulations and provisions of this bylaw and the policies contained in the Basic Planning Statement Bylaw.


3.4.2 Where the application is for a discretionary use, the Development Officer shall submit the application, along with all other relevant material to Council.


3.5 Referrals to Council


The Development Officer may submit any application to Council for a decision on the interpretation of the bylaw, or upon special conditions provided for in the bylaw, and shall inform the applicant of the date and time when council will consider the matter.  Council or the Development Officer may require the applicant to provide such further information as they require to make a decision.

3.6 DECISION


3.6.1 The decision on all applications shall be made in writing to the applicant.  The notice of decision shall be  in Form B, as adopted or amended by resolution of council.


3.6.2 Where the application is for a permitted use the Development Officer shall, upon completion of the review:

(1)   issue a Development Permit where the application conforms to all provisions of this Bylaw; or

(2)   issue the Development Permit specifying any special regulations or standards to which the development or use must comply, where the class of development or use is subject to special regulations, performance standards or development standards that are specified in this Bylaw, or

(3)   refuse the application where the provisions of this Bylaw are not met, indicating to the applicant the reason for the refusal.


3.6.3 Where the application is for a discretionary use the Development Officer shall submit the application to Council for review. Upon completion of its review, Council shall pass a resolution instructing the Development Officer to either:

(1)   issue a Development Permit incorporating any special development standards prescribed by Council in accordance with the provisions of this Bylaw; or

(2) refuse the application, indicating the reasons for the refusal.


3.6.4 Interpretation by Council - The development officer may refer any application to Council for a decision on the interpretation of the bylaw.


3.6.5 Revocation of Decision - Where an approved development is not being developed in accordance with the provisions of this bylaw, or with the standards and conditions specified in the Development Permit, Council may revoke or suspend the Development Permit. The Development Permit shall not be reissued or reinstated until all deficiencies have been corrected.


3.7 DEVELOPMENT APPEALS


3.7.1 Development Appeals Board - A Development Appeals Board of the Village of Edenwold is appointed in accordance with Sections 71 and 91 to 104 of the Act.


3.7.2 Where an application for a permitted use has been refused, the applicant shall be advised of the right of appeal to the Development Appeals Board of the Village of Edenwold.


3.7.3 Where an application for a discretionary use has been approved by Council, with prescribed development standards pursuant to this Bylaw, the applicant shall be advised that any development standards considered excessive, may be appealed to the Development Appeals Board of the Village of Edenwold.


3.7.4 An application for a Development Permit for a permitted use shall be deemed to be refused when a decision thereon is not made within 40 days after the receipt of the application in its complete and final form by the Development Officer, and an appeal may be made as provided in Section 3.6.2 as though the application had been refused at the end of the period specified in this subsection.


3.8 Fees and Advertising 


3.8.1 Amendment of the Zoning Bylaw - Where a person requests Council to amend the zoning bylaw that person shall pay to the municipality a fee equal to the costs associated with the public advertisement of the proposed amendment.


3.8.2 Advertisement of a discretionary use application.

(1)   Except as provided in Clause (2), the Development Officer shall direct the applicant for a discretionary use to advertise the proposed use by:

(a)   posting a notice of the application at the entrance to the subject property,

(b)   mailing a copy of the notice to the assessed owner of each property within 25 m of the subject property, and

the Development Officer shall publish a copy of the notice in a newspaper having circulation in the municipality.

(2)   For the following uses, the application for a discretionary use is exempt from the requirement to publish a copy of the notice in a newspaper:

(a)   any discretionary residence or any discretionary use ancillary to a residence.

(b)   a commercial use in a residential district.

(3)   The notice shall be approved by the development officer, and shall describe the use applied for, describe the location of the use, and specify the date, time, and location of the council meeting at which the application will be considered.

(4)   The notice shall be posted, mailed, and published at least two weeks prior to the date of the meeting.

(5)   The applicant shall pay to the municipality a fee equal to the costs to the municipality associated with the public advertisement.


3.8.2.      Application fees – an applicant for a development permit shall pay an application fee in accordance with the following:


(a)           Permitted principal use                       $25.00

(b)           Permitted accessory use                     $10.00

(c)           Ancillary use                                         $10.00

(d)           Discretionary principal use                $25.00

(e)           Discretionary accessory use              $10.00

(f)            Development Appeal Fee                  $50.00 max. as specified by

the board

(g)           Minor Variance                                  $25.00


These fees shall be in addition to any fee required by clauses (1) and (2) above.

3.9 OFFENSES AND PENALTIES –

Any person who violates this bylaw is guilty of an offence and liable on summary conviction to the penalties set forth in the Act.


3.10 NON-CONFORMING  USES AND NON-CONFORMING BUILDINGS

Non-conforming  uses and non-conforming buildings shall be subject be subject to Sections 113 - 118 inclusive of the Act.


3.11 Minor Variances to the Zoning Bylaw

(1)           An application for a minor variance shall be made to the Development Officer for a minor variance to the Zoning Bylaw in a form as prescribed by the Development Officer.


(2)           The Development Officer shall maintain a register as an appendix to the Zoning Bylaw of all minor variance applications.

(3)           The Development Officer may vary the requirements of the

Zoning Bylaw subject to the following conditions:


(a) A minor variance may be granted for variation of:

(i) the minimum required distance of a building from the

site line

(ii) the minimum required distance of a building to any

other building on the site.

(iii) any and all other minimum or maximum sizes,

projections, overhangs, setbacks, etc. described in this

bylaw.

(b) The maximum amount of minor variance shall not exceed

a 10% variation of the bylaw requirements of the Zoning

Bylaw.


(c) The development shall conform to the Zoning Bylaw with

respect to the use of land.


(d) The relaxation of the Zoning Bylaw shall not injuriously

affect neighbouring properties.


(4) No minor variance is allowed in connection with an agreement on rezoning entered into pursuant to Section 3.8.


(5) A minor variance must conform to any applicable provincial land use policies or Statements of Provincial Interest, adopted pursuant to the Act.


(6) On receipt of an application for a minor variance, the

Development Officer may:

(a) approve the minor variance

(b) approve the minor variance and impose terms and

conditions on the approval

(c) refuse the minor variance.


(7) Where the Development Officer imposes terms and

conditions on an approval, the terms and conditions shall be

consistent with:

(a)  minimizing adverse impacts on neighbouring properties, including any potential change in fire rating requirements

(b)  providing adequate separation between buildings for safety reasons

(c)  avoiding encroachment into adjoining property, by

reduction of allowable projects or other potential

encroachments.


(8) Where an application for a minor variance is refused, the Development Officer shall notify the applicant in writing of the refusal and provide reasons for the refusal.


(9) Where an application for a minor variance is approved, with or without terms and conditions being imposed, the Development Officer shall provide written notice to the applicant and to the assessed owners of property having a common boundary with the land that is the subject of the application.


(10) The written notice required pursuant to Subsection (8) shall:

(a) contain a summary of the application for minor variance

(b) provide a reason for and an effective date of the decision.


4 - GENERAL REGULATIONS


4.1 LICENSES, PERMITS AND COMPLIANCE WITH OTHER BYLAWS AND LEGISLATION

Nothing in this bylaw shall exempt any person from complying with the requirement of any other municipal or provincial regulations and requirements and from obtaining any license, permission, permit, authorization or approval required by such requirements or regulations.


4.2 BUILDING LINE

Where a building line in a residential or commercial district has been established by existing buildings in a block having greater than one half the lots built on, new development may conform to this line.


4.3 NUMBER OF PRINCIPAL BUILDINGS PERMITTED ON A LOT

Only one principal building shall be placed on any lot with the exception of dwelling groups, mobile homes in courts, recreation facilities, schools, senior citizen's homes, and special care homes.


4.4 REQUIRED YARDS AND OPEN SPACE


4.4.1 Minimum Yards Required - No portion of any yard or open space required about any principal building or use shall provide any portion of a yard or open space for any other principal building or use.


4.4.2 Projections into Yards - Where minimum yards are required in any district, such minimum requirements shall not apply to the following:

(1)  In any rear yard, the construction of a deck, porch or open verandah having a maximum projection of 2 metres (6.5 ft) into the required yard;

(2)  In any yard, the construction of a chimney, sill, cornice, or roof overhang not exceeding 0.6 metres (2 ft) into the required yard.


4.4.3 Buildings and Structures in Required Yards - The following buildings are allowed in the noted required yards, and are not subject to setback regulations:

(1)  In all yards; trees, shrubs, sidewalks, uncovered driveways, and fences.

(2)  In front yards; in addition to the above, lighting fixtures and lamp posts.

(3)  In rear yards; in addition to the above, recreation equipment, laundry drying equipment and garbage stands.


4.4.4 Fences and Hedges


Walls, fences, hedges or shrubs may be erected, placed, planted, maintained or grown in any required yard only in conformance with the following:

(1)   Maximum height in any required yard except in a required front yard -2 metres (6.5 ft) in a Residential district and 2.5 metres (8.2 ft) in other districts.

(2)  Maximum height in any required front yard  - 1 metre (3.3 ft).


4.5 ACCESSORY BUILDINGS


4.5.1 Accessory buildings shall be subordinate to, and located on the same lot as the principal building or use.


4.5.2 Time of Construction - Accessory buildings shall not be constructed or placed on any lot prior to the construction of the principal building except in the following cases:

(1)  Where a Development Permit has been issued for a principal building, Council may, at its discretion allow prior development of an accessory building where such building is required for the storage of construction material or equipment.  If the principal building is not completed in the time period required, the accessory building is to be removed.


4.5.3 Height of Accessory Buildings - Accessory buildings shall not exceed the height of the principal building, and in no case shall the accessory building exceed the height limits provided for accessory buildings or structures in the zoning district in which it is located.


4.5.4 Private Garages and Carports

(1)  Private garages or carports attached to the principal building, or located with less than 1 metre (3.3 ft) between the wall of the garage and the wall of the principal building, are considered as part of the principal building and subject to the regulations governing the principal building.

(2)  On any lot in any residential zoning district only one detached garage, not exceeding the square footage of the principal building in size is allowed providing all set-back, side minimum, and height regulations are complied with as set out in Table 2 of Bylaw 06/06. (800 ft2) is allowed.


4.6 SERVICING


4.6.1 Holding or septic tanks are allowed in the areas of the town which can be serviceable from existing municipal water and sewer lines.


4.6.2 Developments outside the serviceable areas shall be connected to a private sewage disposal system approved by the Department of Public Health.


5 - ZONING DISTRICTS


5.1 CLASSIFICATION OF ZONING DISTRICTS


In order to carry out the purpose and provisions of this bylaw, the Village is divided into the following Zoning Districts, the boundaries of which are shown on the "Zoning District Map".  Such districts may be referred to by the appropriate symbols.


Districts

Symbols

Residential

R

Commercial

C

Future Development

FD


5.2 THE ZONING DISTRICT MAP


The map, bearing the statement "This is the Zoning District Map referred to in Bylaw No. 06 06" adopted by the Village and signed by the Mayor and Administrator, and under the seal of the Village shall be known as the "Zoning District Map" and such map is declared to be an integral part of this Bylaw.


5.3 BOUNDARIES OF ZONING DISTRICTS


The boundaries of such districts referred to, together with explanatory legend, notation and reference, are shown on the map entitled "Zoning District Map".  Unless otherwise shown, the boundaries of such districts are lot lines, centre lines of streets, lanes, road allowances, and the boundaries of the municipality. Where boundaries cross unsubdivided parcels of land, the district boundary shall be determined by the scale shown on the map, and development of each part of the parcel shall conform to the requirements of the district in which it is located.


5.4 ZONING DISTRICTS


The uses or forms of development allowed within a zoning district, along with regulations or standards which apply, are contained in the District Schedules in Section 6.


6 - DISTRICT SCHEDULES


6.1 R - RESIDENTIAL DISTRICT


6.1.1 Permitted Uses - The following uses are permitted in the R-Residential District:


(1)   single detached dwellings

(2)   semi-detached dwellings

(3)   detached dwellings with added suite

(4)   cultural institutions

(5)   parks and playgrounds

(6)   public recreational facilities

(7)   public works excluding, offices, warehouses, storage yards and sewage lagoons schools and educational institutions

(8)   places of worship

(9)   schools and educational institutions


6.1.2 Discretionary Uses - The following uses are discretionary in the R-Residential District:


(1)   clubs

(2)   mobile and modular homes

(3)   dwelling unit groups

(4)   home occupations

(5)   hospitals and medical clinics

(6)   multiple-unit dwellings

(7)   residential care facilities

(8)   rooming and boarding houses

(9)   special care homes


6.1.3 Accessory Uses - Buildings, structures or uses, excluding industrial or commercial uses, secondary and subordinate to, and located on the same lot with the principal permitted or discretionary use shall be permitted.


6.1.4 Regulations


(1)   Lot Requirements - The minimum lot size requirements are shown in Table 1 following.


TABLE 1 - Lot Requirements


Use

Minimum Lot Area

Minimum Lot width

single detached dwellings,

detached dwellings with added suite,

mobile and modular homes,

home occupations,

clubs,

cultural institutions

450 square metres

(4844 ft2)

15 metres for rectangular lots (49 ft)

12 meters (39 ft) for non-rectangular lots with a minimum mean width of 15 meters (49 ft) over the first 30 metres (98 ft) of lot depth, measured from the front lot line

semi-detached dwellings

270 square metres per dwelling unit  (2900 ft2)

9 meters per dwelling unit

(30 ft)

multiple unit dwellings,

rooming and boarding houses,

places of worship,

hospitals or clinics,

schools and educational institutions,

residential care facilities,

special care homes

900 square metre

(9688 ft2)

30 metres

(98 ft)

dwelling groups

270 square metres per dwelling unit

(2900 ft2)

30 metres

(98 ft)

public works,

parks, playgrounds, public recreational facilities and municipal facilities

no requirements

no requirements


(2)   Yard Requirements - The minimum required yard dimensions are shown in Table 2 following.


TABLE 2 - Yard Requirements


Use

Front Yard Minimum

Side Yard Minimum

Rear Yard Minimum

single detached dwellings,

detached dwellings with added suite,

semi-detached dwellings

mobile and modular homes

6 meters or established building line

1 metre

(3.3 ft)

1.5 metres

(5 ft)

multiple unit dwellings,

rooming and boarding houses,

places of worship,

hospitals or clinics,

schools and educational institutions,

residential care facilities,

and special care homes

6 metres, or established building line.

(20 ft)

3 metres

(10 ft)

6 metres

(20 ft)

public works,

parks, playgrounds, public recreational facilities and municipal facilities

no requirements

no requirements

no requirements

Accessory Buildings

6 meters or established building line

(20 ft)

1 metre

(3.3 ft)

1.5 metres

(5 ft)

All other uses

6 metres or established building line

(20 ft)

1 metre

(3.3 ft)

6 metres

(20 ft)


(3)   Signs:

(a)   Except as provided in Clauses (b) and (c) only one permanent sign is permitted on any lot or building.

(b)   Additional temporary signs bearing notice of sale or lease, sale of produce or other information relating to a temporary condition affecting the property are permitted.

(c)   Multiple-unit dwellings and non-residential uses are permitted one additional sign, showing the name of the building or the use.

(d)   The maximum facial area of a sign permitted by Clause (b) or (c) shall be 1 square metre (11 ft2), and of any other sign shall be 0.4 square metres (4 ft2).

(e)   Signs shall be located in such a manner that they do not visually obstruct sight from vehicles at intersections otherwise jeopardize public safety, and shall be fully located within the lot boundaries.


6.1.5 Standards for Discretionary Uses


In addition to other applicable regulations or standards contained in this bylaw, the following shall apply to discretionary uses in the R-Residential District:


(1)   Discretionary uses shall maintain the residential character of the area as much as possible.


(2)   Off street parking spaces for multiple-unit dwellings, special care homes, hospital and dwelling unit group, should be located in a side or rear yard and be screened if they are adjacent to a lot used for residential purposes.


(3)   Multiple-unit dwellings and places of worship should be located on corner lots to facilitate access.


(4)   Dwelling unit groups - All principal buildings forming part of the group shall be located at least 3 metres (10 ft) from any other principal building in the group.


(5)   Mobile and Modular Homes:

(a)   Mobile Homes shall comply with Canadian Standards Association Construction Standard Z 240 - 1979 or revision thereto.

(b)   Modular Homes shall be certified to comply Canadian Standards Association Code CSA-A277 standard or revision thereto.

(c)   Mobile and Modular homes shall be permanently attached to a perimeter foundation wall or basement or shall be securely attached to anchors or pilings imbedded in the ground and shall be skirted with a material compatible with the finish of the mobile home, prior to occupancy.

(d)   Mobile and Modular homes shall be connected to municipal sewer and water systems, if available to the site.  All connections shall be protected from frost damage.

(e)   In a discretionary approval for a mobile home or modular home council may specify a specific make and model as applied for and a specific form of basement or foundation.  Any change in the make or model or the foundation form will require a new discretionary approval.


(6)   Home Occupations:

(a)   Home occupations shall not create any conflict with the residential area in terms of emission of noise, glare, dust, odour, or electromagnetic static which would be disruptive to the surrounding residential uses.

(b)   Home occupations should not result in undue traffic or parking requirements in the residential area.

(c)   The home occupation shall not have any exterior display or storage of materials and no exterior variation from the residential character of the building other than a sign, not exceeding 1 square metre (11 ft2) in area.

(d)  Only residents of the dwelling may be engaged in the home occupation.


6.2 C - COMMERCIAL DISTRICT


6.2.1 Permitted Uses - The following uses are permitted uses in the C-Commercial District:


(1)   banks

(2)   bakeries

(3)   bus terminals

(4)   clubs

(5)   construction trades

(6)   cultural institutions

(7)   fire halls

(8)   grain elevators

(9)   funeral homes

(10) hotels or motels

(11) licensed beverage rooms and other places for the sale and consumption of beer, wine and other spirits with or without food

(12) medical and dental offices and clinics

(13) municipal facilities

(14) offices

(15) personal service shops

(16) private or public communications radio, or television facilities including transmission or distribution towers

(17) public works and municipal facilities, excluding sewage lagoons

(18) railways and ancillary facilities

(19) restaurants, confectioneries and other places for the sale and consumption of food and related items

(20) retail stores

(21) service stations and gas bars

(22) theatres, assembly halls and commercial recreational establishments

(23) warehouse or wholesale establishments without exterior storage


6.2.2 Discretionary Uses - the following uses are discretionary in the C-Commercial District:


(1)   abattoirs

(2)   agricultural implement, motor vehicle, mobile home or recreational vehicle sales, storage or servicing

(3)   auction markets

(4)   auto-body shops

(5)   bulk fuel dealerships and storage

(6)   bulk fertilizer operations

(7)   car washes

(8)   churches

(9)   dwelling units

(10) lumber yards and home improvement centres

(11) junk yards, salvage yards, and auto wreckers

(12) machine shops and welding shops

(13) manufacturing or processing operations

(14) veterinary clinics

(15) warehouse or wholesale establishments with exterior storage, and storage yards

(16) trucking operations


6.2.3 Accessory Uses - Buildings, structures or uses secondary to and located on the same lot with the principal permitted or discretionary use shall be considered accessory uses and permitted, including one dwelling unit used by the operator of a business on the site.


6.2.4 Regulations


(1)   Lot Requirements - The minimum lot size requirements are shown in Table 3 following.


(2)   Yard Requirements - The minimum required yard dimensions are shown in Table 4 following.


TABLE 3 - Lot Requirements


Use

Minimum Lot Area

Minimum Lot width

all principal residential uses and detached residential buildings

The regulations of an R-Residential district shall apply.

service stations, all non-residential discretionary uses, and places of worship

900 square metres

(9688 ft2)

30 meters

(98 ft)

public works,

parks, playgrounds, public recreational facilities and municipal facilities

no requirements

no requirements

all other uses

270 square metres

(2900 ft2)

9 metres

(30 ft)


TABLE 4 - Yard Requirements


Use

Front Yard Minimum

Side Yard Minimum

Rear Yard Minimum

all principal residential uses and detached residential buildings

The regulations of an R-Residential district shall apply.

public works,

parks, playgrounds, public recreational facilities and municipal facilities

no requirements

Accessory Buildings

6 meters or established building line

(20 ft)

1 metre (3.3 ft) where abutting an R-Residential District without an intervening street or lane.

abutting a railway

- nil,

all others - 6 metres

(20 ft)

All other uses

6 metres or established building line

(20 ft)

1 metre (3.3 ft) where abutting an R-Residential District without an intervening street or lane.

abutting a railway

- nil,

all others - 6 metres

(20 ft)


(3)   Storage


(a)   All outside storage shall be fenced, and where the lot abuts a Residential District without an intervening street, the storage area shall be screened with a solid fence or hedge at least 1.8 metres (6 ft) in height.


(4)   Signs:


(a)   Up to two signs may be erected on each lot.


(b)   The maximum facial area of each sign is seven (7) square metres (75 ft2), except the total facial area of both signs shall not exceed ten (10) square metres (108 ft2).


(c)   Signs may be double faced.


(d)   The maximum height of a sign is 6.1 metres (20 ft).


(e)   Illuminated signs shall have an internal light source or an external light source shielded so that the light is directed only at the face of the sign.


(f)    Signs shall be located so that they do not obstruct the sight of vehicles at an intersection or jeopardize the safety of the public.


(5)   Service Stations and Gas Bars:

(a)   Fuel pumps, fuel pump islands, and other apparatus for dispensing or storage of fuel, located all or partly above grade level, shall be at least 3 metres (10 ft) from a lot line and 4.5 metres (15 ft) from any building except a sales kiosk located on the island.  All fuel pump islands shall have sufficient space around all sides to allow convenient manoeuvring of the vehicles they are intended to serve.


(b)   The lot shall have at least two separate entrances for vehicles, at least 15 metres (49 ft) apart.


(c)   All automobile parts, dismantled vehicles and similar articles or equipment are to be stored within a building, or screened from public view.


6.2.5 Standards for Discretionary Uses


In addition to other applicable regulations or standards contained in this bylaw, the following shall apply to discretionary uses in the C-Commercial District:


(1)   Dwelling Units


(a)   Dwelling units attached to commercial establishments shall have a main entrance separate from that of the commercial establishment. An emergency exit must be provided in addition to the main entrance.


(b)   The minimum floor area of each dwelling unit shall be 45 square metres (484 ft2).


(c)   One off street parking site must be provided for each dwelling unit.


(2)   All operations shall comply with all regulations of Saskatchewan Environment and Saskatchewan Labour which govern their operation and development.


(3)   Access to lots used for discretionary uses shall be located to ensure that heavy truck traffic takes access to or from arterial or collector streets, or designated truck routes.


(4)   Bulk petroleum tanks and abattoirs are to be located at least 91 metres (300 ft) from residential areas, schools, hospitals, motels and restaurants.


(5)   Where a discretionary use will involve significant amounts of exterior storage council may require location on lots abutting the highway, and may apply special requirements for screening, including a closed fence on 1.8 metres (6 ft)in height or more to enclose the area of storage.


6.3 FD - FUTURE DEVELOPMENT DISTRICT


6.3.1 Permitted Uses - The following uses are permitted in the FD - Future Development District:

(1)  cemeteries

(2)   greenhouses

(3)   sports fields, parks, golf courses, fair grounds and other similar uses

(4) public works and municipal facilities, including sewage lagoons and landfills.

(5) private or public communications radio, or television facilities including transmission or distribution towers


6.3.2 Discretionary Uses - The following uses are discretionary in the FD - Future Development District:

(1)   tourist camps

(2)   veterinary clinics


6.3.3 Accessory Uses - Buildings, structures or uses secondary and subordinate to, and located on the same lot with the principal permitted or discretionary use, shall be permitted.


6.3.4 Regulations


(1)   Lot area, minimum

(a)  Public works and cemeteries - no requirement

(b)   Discretionary uses: minimum - 1000 square metres (10,760 ft2)

(c)   All other uses - 4 ha (10 ac)


(2)   Livestock:


(a)   The Village of Edenwold prohibits the keeping of large animals such as horses, cattle, pigs, sheep and goats within the Village limits.



6.3.5 Standards for Discretionary Uses


In addition to other applicable regulations or standards contained in this bylaw, the following shall apply to discretionary uses in the FD - Future Development District:


(1)   Discretionary uses will only be allowed where Council is assured that such development will be compatible with the future use of the area, as indicated in the Basic Planning Statement Bylaw.


7 - COMING INTO FORCE


7.1 COMING INTO FORCE


This Bylaw shall come into force and take effect on the date of approval by the Minister.




____________________________________

MAYOR


SEAL


____________________________________

ADMINISTRATOR



Read a First time this        , day of                   , 2006.


Read a Second time this       , day of                   , 2006.


Read a Third time and adopted this        , day of                   , 2006.





Certified a true and exact copy,

This ________ day of ___________, 2006.


_____________________

Administrator

Last Updated on Tuesday, 01 February 2011 12:05