city of martensville regular council meeting 20-2015 …€¦ · 15-12-2015 · resume regular...

CITY OF MARTENSVILLE REGULAR COUNCIL MEETING 20-2015

TUESDAY DECEMBER 15, 2015 MINUTES

PRESENT: Mayor Kent Muench, Deputy Mayor Tyson Chillog, Councillors: Darren MacDonald, Travis Wiebe, Terry Kostyna, Jamie Martens, Director of Infrastructure & Planning Joe Doxey, Community Economic Development Manager Dillon Shewchuk, Director of Recreation & Community Service Dave Bosch, Director of Corporate Services Leah Sullivan

REGRETS: Councillor: Bob Blackwell, City Manager Scott Blevins,

LOCATION: Council Chambers, City Hall

RECORDING SECRETARY: City Clerk Carla Budnick,

CALL TO ORDER: Mayor Kent Muench called the meeting to order at 5:00 P.M.

RES: #313/12152015 (Wiebe/MacDonald) AGENDA “That we adopt the agenda dated December 15th, 2015”

CARRIED

RES: #314/12152015 (Wiebe/MacDonald) MINUTES – NOVEMBER 17th, 2015 “That we accept the minutes of the Regular Council Meeting No. 19-2015 dated November 17th, 2015”

CARRIED

RES: #315/12152015 (Wiebe/Chillog) CORRESPONDENCE “That we acknowledge and file the Correspondence List, as attached hereto and forming part of these minutes.”

CARRIED

RES: #316/12152015 (Wiebe/Chillog) COMMITTEE OF THE WHOLE – DECEMBER 8th, 2015 “That we accept the Committee of the Whole minutes dated December 8th, 2015”

CARRIED

RES: #317/12152015 (MacDonald/Wiebe) CITY MANAGERS REPORT – DECEMBER 15th, 2015 “That we accept the City Managers Report dated December 15th, 2015”

CARRIED



RES: #318/12152015 (Wiebe/Martens) PUBLIC HEARING “That we now recess the Regular Council Meeting to hold a Public Hearing in regards to Zoning Amendment Bylaw 24-2015, at 5:12 P.M.”

CARRIED

RES: #319/12152015 (Martens/MacDonald) RESUME REGULAR COUNCIL MEETING “That we resume the December 15th, 2015 Regular Council Meeting at 5:13 P.M.”

CARRIED

RES: #320/12152015 (Wiebe/Chillog) EXPENDITURE APPROPRIATION “That we authorize Expenditure Appropriation No. 20-2015, $1,705,105.52 as attached hereto and forming part of the minutes.”

CARRIED

RES: #321/12152015 (Wiebe/Martens) BANK RECONCILIATION “That we accept the Bank Reconciliation for the month of November 2015.”

CARRIED

RES: #322/12152015 (MacDonald/Martens) 2016 FACILITY RATES “That we accept the proposed Facility Rates for 2016, as attached hereto and forming part of these minutes."

CARRIED RES: #323/12152015 (Martens/Wiebe) KINSMEN PARK COMMITTEE “That we appoint Mayor Muench, Deputy Mayor Chillog, Councillors MacDonald and Martens to the Kinsmen Park Committee."

CARRIED



RES: #324/12152015 (Chillog/MacDonald) NRCCC KITCHEN RANGE REPLACEMENT “That we authorize the purchase of a replacement kitchen range for the North Ridge Centennial Community Centre from Geanel Restaurant in the amount of $8,532.26 plus tax which will be expensed in the 2016 Budget."

CARRIED

RES: #325/12152015 (Wiebe/MacDonald) BYLAW NO. 1-2015 (THIRD & FINAL READING) “That Bylaw No. 1-2015, being a Zoning Bylaw, be read for a third and final time.”

CARRIED

RES: #326/12152015 (MacDonald/Wiebe) BYLAW NO. 18-2015 (FIRST READING) “That Bylaw No. 18-2015, being Waste Bylaw, be read for the first time.”

CARRIED

RES: #327/12152015 (Martens/MacDonald) BYLAW NO. 18-2015 (SECOND READING) “That Bylaw No. 18-2015, be read for the second time.”

CARRIED

RES: #328/12152015 (Wiebe/Chillog) BYLAW NO. 18-2015 (THREE READINGS) “That we give Bylaw 18-2015, three readings at this meeting.”

CARRIED UNANIMOUSLY

RES: #329/12152015 (Wiebe/Martens) BYLAW NO. 18-2015 (THIRD & FINAL READING) “That Bylaw No. 18-2015, being a Waste Bylaw, be read for a third and final time”

CARRIED

RES: #330/12152015 (MacDonald/Chillog) BYLAW NO. 24-2015 (SECOND READING) “That Bylaw No. 24-2015, being a Zoning Bylaw Amendment be read for the second time.”

CARRIED



RES: #331/12152015 (MacDonald/Wiebe) BYLAW NO. 24-2015 (THIRD & FINAL READING) “That Bylaw No. 24-2015, being Zoning Bylaw Amendment, be read for a third and final time.”

CARRIED RES: #332/12152015 (Wiebe/MacDonald) BYLAW NO. 27-2015 (FIRST READING) “That Bylaw No. 27-2015, being a Long Term Borrowing Bylaw, be read for the first time.”

CARRIED

RES: #333/12152015 (Wiebe/Martens) BYLAW NO. 27-2015 (SECOND READING) “That Bylaw No. 27-2015, be read for the second time.”

CARRIED

RES: #334/12152015 (Martens/Chillog) BYLAW NO. 27-2015 (THREE READINGS) “That we give Bylaw 27-2015, three readings at this meeting.”

CARRIED UNANIMOUSLY

RES: #335/12152015 (MacDonald/Martens) BYLAW NO. 27-2015 (THIRD & FINAL READING) “That Bylaw No. 27-2015, being a Long Term Borrowing Bylaw, be read for a third and final time.”

CARRIED RES: #336/12152015 (MacDonald/Wiebe) BYLAW NO. 28-2015 (FIRST READING) “That Bylaw No. 28-2015, being a Debenture Payment Bylaw, be read for the first time.”

CARRIED

RES: #337/12152015 (MacDonald/Martens) BYLAW NO. 28-2015 (SECOND READING) “That Bylaw No. 28-2015, be read for the second time.”

CARRIED



RES: #338/12152015 (Wiebe/Martens) BYLAW NO. 28-2015 (THREE READINGS) “That we give Bylaw 28-2015, three readings at this meeting.”

CARRIED UNANIMOUSLY

RES: #339/12152015 (Martens/MacDonald) BYLAW NO. 28-2015 (THIRD & FINAL READING) “That Bylaw No. 28-2015, being a Debenture Payment Bylaw, be read for a third and final time.”

CARRIED

RES: #340/12152015 (Martens/MacDonald) BYLAW NO. 29-2015 (FIRST READING) “That Bylaw No. 29-2015, being a Snowmobile Bylaw, be read for the first time.”

CARRIED RES: #341/12152015 (MacDonald/Wiebe) BYLAW NO. 29-2015 (SECOND READING) “That Bylaw No. 29-2015, be read for the second time.”

CARRIED RES: #342/12152015 (Wiebe/MacDonald) BYLAW NO. 29-2015 (THREE READINGS) “That we give Bylaw 29-2015, three readings at this meeting.”

CARRIED UNANIMOUSLY

RES: #343/12152015 (Wiebe/Martens) BYLAW NO. 29-2015 (SECOND READING) “That Bylaw No. 29-2015, be read for the second time.”

CARRIED



RES: #344/12152015 (Kostyna/Martens) ADJOURN “That we adjourn this meeting at 5:23 P.M.”

CARRIED

______________________

MAYOR _______________________ CITY CLERK

DATE COMPANY ITEM

November 9, 2015 Minister of Government Relations Annexation

November 19, 2015Minister of Government

RelationsThe Uniform Building and Accessibility

Standards Act.November 19, 2015 Saskatchewan in Motion 2016 Go Out & Play ChallengeNovember 30, 2015 SUMA Membership Renewal

OUTGOING - CORRESPONDENCE

INCOMING - CORRESPONDENCE

CITY OF MARTENSVILLEREGULAR COUNCIL MEETING 20-2015

TUESDAY DECEMBER 15, 2015

CHQ # SUPPLIER AMOUNT CHQ # SUPPLIER AMOUNT CHQ # SUPPLIER AMOUNT

29729 SASKATOON CO-OPERATIVE ASSOC 420.00$ 29815 HBI OFFICE PLUS INC. 786.40$ 29901 SHEWCHUK, DILLON 600.00$ 29730 SMOKEHAUS MEATS & DELI 1,100.00$ 29816 HOANG, ASHLEIGH 125.00$ 29902 SIROIS, ANDRE 30.72$ 29731 QUIRING, KRISTIN 730.02$ 29817 HUNKS, ELLEN 200.00$ 29903 SITEONE LANDSCAPING SUPPLY 2,307.69$ 29732 BOSCH, LINDSAY 200.00$ 29818 IMATRON OFFICE SOLUTIONS 405.59$ 29904 SKATE MARTENSVILLE 3,000.00$ 29733 PITNEYWORKS 1,365.00$ 29819 JAG JASON'S AUTO GLASS PL 660.00$ 29905 SLONSKI, DUSTIN AND LEYBO 58.62$ 29734 101056449 SASKATCHEWAN 8,259.23$ 29820 JANKOSKI, TERESA 38.41$ 29906 SPI HEALTH AND SAFETY 403.25$ 29735 222'S FAST PITCH 63.00$ 29821 KIRK, VAL 525.00$ 29907 SPORTS PAGE BAR & GRILL 1,008.00$ 29736 ABEL-SMITH, KAREN 100.00$ 29822 KUYEK, AUBURN 282.31$ 29908 SPPI - SASK PROFESSION PL 943.94$ 29737 ACCU-SHARP INC 110.00$ 29823 LAFARGE CANADA INC 12,747.17$ 29909 STC THE BUS COMPANY 60.37$ 29738 ACKLANDS GRAINGER INC 558.12$ 29824 LANDRU, LESLIE 3,788.59$ 29910 STINSON, VICTORIA 200.00$ 29739 ACRES INDUSTRIES INC 54,521.61$ 29825 LANDRY, SEBASTIN AND VUCI 38.82$ 29911 STORMY MARKETING 531.27$ 29740 AED ADVANTAGE SALES LTD 254.10$ 29826 LEANNE NYIRFA COMMUNICATIONS 1,995.00$ 29912 SUDDEN FUN REC.EQUIP.LTD 1,117.20$ 29741 ANDREAS, KOMAR 25.00$ 29827 LEVITT-SAFETY DIV. OF LEV 669.73$ 29913 SUMA 17,891.86$ 29742 ANWEILER, MIKE 27.45$ 29828 LIBBEY, BRYCE 200.00$ 29914 SUMA (INSURANCE) 20,853.50$ 29743 APEX COMPACT TRACTOR SOLUTION 608.90$ 29829 LISTOWEL TROPHIES LTD 755.21$ 29915 SUNSHINE CONTRACTING LTD. 65.70$ 29744 ASSOCIATED ENGINEERING 14,217.71$ 29830 LORAAS DISPOSAL SERVICES 52,489.27$ 29916 SYRENNE, RIEL 28.36$ 29745 BALAZSI, JOHN 96.00$ 29831 MARSHALL, JOHN AND MARSHA 83.73$ 29917 TECHNICAL SAFETY AUTHORIT 138.00$ 29746 BALL & SONS HEATING CO 989.02$ 29832 MARTENSVILLE CURLING CLUB 1,000.00$ 29918 THE BOLT SUPPLY HOUSE LTD 52.18$ 29747 BASE MECHANICAL INC 996.45$ 29833 MARTENSVILLE CURLING CLUB 1,000.00$ 29919 THE CONTAINER GUY 11,525.00$ 29748 BAZAAR & NOVELTY 653.30$ 29834 MARTENSVILLE HIGH SCHOOL 2,000.00$ 29920 THE W LAW GROUP 1,103.63$ 29749 BERK, JUSTINE 250.00$ 29835 MARTENSVILLE HIGH SCHOOL 1,500.00$ 29921 THEODORE'S BAKERY 220.10$ 29750 BLEVINS, SCOTT 151.99$ 29836 MARTENSVILLE HISTORICAL C 3,000.00$ 29922 TOP SHOT CONTRETE INC 5,250.00$ 29751 BLIXT, KYLE 48.03$ 29837 MARTENSVILLE LIBRARY 476.17$ 29923 TOSHIBA BUSINESS SOLUTION 27.80$ 29752 BOSCH, VAL 796.25$ 29838 MARTENSVILLE LIBRARY 446.54$ 29924 TOURISM SASKATCHEWAN 3,390.00$ 29753 BOSS LUBRICANTS 2,247.25$ 29839 MARTENSVILLE MAD DOGS FOO 3,000.00$ 29925 TR PETROLEUM MARTENSVILLE 6,971.58$ 29754 BRANDT TRACTOR LTD 416.20$ 29840 MARTENSVILLE MESSENGER 1,013.25$ 29926 TRANSPORTATION ASSOC OF C 259.35$ 29755 BROOMAN, DEAN 605.00$ 29841 MARTENSVILLE NEW HORIZON' 4,500.00$ 29927 TRC OF CANADA LTD 342.54$ 29756 BROOMAN, STACEY 382.65$ 29842 MARTENSVILLE NEW HORIZON' 3,000.00$ 29928 TRIOD SUPPLY (NB) LTD 2,478.08$ 29757 BROWN, MITCHELL AND BROWN 187.29$ 29843 MARTENSVILLE PLUMBING 213.35$ 29929 TRT 210.00$ 29758 BRUNNING, JOHN 300.00$ 29844 MARTENSVILLE RENTAL CENTE 63.80$ 29930 UPSTART ENTERPRISES INC. 632.63$ 29759 BUDNICK, CARLA 40.00$ 29845 MARTENSVILLE SLO-PITCH AS 500.00$ 29931 VADIM COMPUTER MANAGEMENT 407.40$ 29760 BUILDTECH 73,241.16$ 29846 MARTENSVILLE SUPER VALU 322.65$ 29932 VALLEY MANOR ELEMENTARY SCHOOL 3,000.00$ 29761 CAMPBELL, CRYSTAL 300.00$ 29847 MARTIN, NICOLE 825.00$ 29933 VALLEY WELDING SERVICE 495.00$ 29762 CANWEST PROPANE PARTNERSH 435.26$ 29848 MASA 3,500.00$ 29934 WAL-MART 158.62$ 29763 CATTERALL & WRIGHT LTD 46,260.80$ 29849 MATHESON, JASON 35.61$ 29935 WALDNER, TRAVIS 375.00$ 29764 CERVUS EQUIPMENT 31.95$ 29850 MAYOR, TARA 397.39$ 29936 WARMAN HOME CENTER 165.35$ 29765 CFM AIR EQUIPMENT 515.54$ 29851 MAY, RAYMOND AND MAY, SUE 62.41$ 29937 WARMAN HOME CENTER 107.10$ 29766 CHECKERED FLAG AUTOMOTIVE 1,587.86$ 29852 MCGILL'S INDUSTRIAL 1,637.62$ 29938 WARMAN ULTIMATE CHEERLEADING 675.00$ 29767 CHEMICAL INDUSTRIES (ALBE 25,148.62$ 29853 MEPP 38,009.76$ 29939 WEBER SUPPLY COMPANY INC 80.31$ 29768 CHRISTIANSON, DEAN 500.00$ 29854 MERLIN FORD LINCOLN 938.01$ 29940 WILCO CONTRACTORS 39,947.99$

29769 COLLINS, ANGELA 150.00$ 29855 MID-WEST SPORTSWEAR LTD 2,728.00$ 29941 WINACOTT 208.20$ 29770 COMBINED INTERIOR INSTALL 125.00$ 29856 MINERS CONSTRUCTION 74,779.74$ 29942 WOLFECROFT SIGNS 22,866.37$ 29771 CONEY, AMY 630.00$ 29857 MINISTER OF FINANCE SASKA 257,488.56$ 29943 WOLSELEY CANADA 10,447.64$ 29772 CORMAN PARK 4SEASON SALES 181.41$ 29858 MORGAN KREUGER, SARA 150.00$ 29944 WOODROW, IAN 390.50$ 29773 CRESTLINE COACH LTD 1,790.88$ 29859 MORPHY, LORI 600.00$ 29945 XEROX CANADA LTD. 2,675.34$ 29774 CROSBY HANNA & ASSOCIATES 3,907.60$ 29860 MUENCH, KENT 75.00$ 29946 ZEE MEDICAL SERVICE COMPANY 59.11$ 29775 CROWE, DONALD 1,140.00$ 29861 NORDIC INDUSTRIES (1979) 2,867.73$ 29947 CTC#912 1,305.02$ 29776 DANZA MORENA LATIN DANCE 52.50$ 29862 NORTH RIDGE DEVELOPMENT 85.46$ 29948 GREGG DISTRIBUTORS CO 1,573.24$ 29777 DARBYSHIRE, ANNA 375.00$ 29863 NORTH RIDGE DEVELOPMENT 111.05$ 29949 MARTENSVILLE BUILDING & HOME 790.58$ 29778 DEPTUCH, BERNADETTE 600.00$ 29864 NORTHERN GLASS & MIRROR 172.00$ 29950 PARAMOUNT PARTS 765.47$ 29779 DESJARDIN CARD SERVICES 261.23$ 29865 NSC MINERALS LTD 1,438.84$ 0-0662 SASKENERGY 15,251.32$ 29780 DEUTSCH, OXANA 10.00$ 29866 O'BRIEN, KRISTINE 95.24$ 0-0660 CUETS - MASTERCARD#363 1,227.83$ 29781 DIETRICH, GORDON 800.00$ 29867 P MACHIBRODA ENGINEERING 1,681.31$ 0-0655 CUETS - MASTERCARD#107 400.00$ 29782 DIRECTOR FAMILY RESPONSIB 550.00$ 29868 PALCHINSKI, MARGARET 86.25$ 0-0659 CUETS - MASTERCARD#5076 1,552.87$ 29783 DOPKO, AMP 122.50$ 29869 PALMIER, SCOTT 23.75$ 0-0665 SASK MAINTENANCE ENFORCEMENT PP#25/26450.00$ 29784 DYCK, KURTIS 100.00$ 29870 PAR TOOLS 1,115.83$ 0-0664 RECEIVER GENERAL PP#24/25 60,804.83$ 29785 EAGLE ALLOYS LTD 803.11$ 29871 PERRON, PAUL 260.00$ TOTAL 1,535,547.34$ 29786 EARTHWORKS EQUIPMENT CORP 88.15$ 29872 PHARMASAVE 466 7.69$ 29787 EASTSIDE PAINT & WALLPAPE 104.50$ 29873 PITZEL, SPENCER 480.00$ 29788 ED-VER PROMOTIONS 726.00$ 29874 WESCLEAN EQUIPMENT & CLEANING 373.49$ 29789 ELLIOTT, RANDY 250.00$ 29875 POILIEVRE, CHRISTINA 500.00$ DEPARTMENT AMOUNT29790 ENGLOT, TEKLA 100.00$ 29876 PRAIRIE MOBILE COMMUNICATIONS 195.72$ General Government 14,453.74$ 29791 ENVIROTEC SERVICES INC. 2,458.00$ 29877 PRAIRIE SPIRIT SCHOOL DIV 149,387.18$ Protective Services 1,194.50$ 29792 ENVIROWAY DETERGENT MFG. 1,240.00$ 29878 PRAIRIE VALLEY SCOUTS 900.00$ Planning Development 8,690.86$ 29793 EXPERT LOCKSMITHS LTD 37.40$ 29879 RACH, DONNETTE 387.32$ Recreation & Community Services 31,846.23$ 29794 FAST, ANGELA 4.50$ 29880 RAWLCO TRANSIT 1,887.90$ Transportation Services 14,498.71$ 29795 FEHR, KIM 544.38$ 29881 RAZERTIP INDUSTRIES INC 154.00$ Water & Sewer 7,970.70$ 29796 FER-MARC EQUIPMENT LTD 331.53$ 29882 RECEIVER GENERAL OF CDA - 170,790.08$ Council 9,099.59$ 29797 FRIESEN, KERRI 617.50$ 29883 REDDEKOPP, ANGELA 54.68$ TOTAL 87,754.33$ 29798 G & I CONSTRUCTION 103.89$ 29884 REDHEAD EQUIPMENT LTD 2,005.95$ 29799 GABRIEL CONSTRUCTION LTD 40,317.20$ 29885 REEDER, MELANIE 75.00$ 29800 GAUDREAU, RHONDA 83.98$ 29886 ROCKY MOUNTAIN PHOENIX 3,139.15$ 29801 GEANEL RESTURANT SUPPLIES 456.50$ 29887 ROMANOW, BRUCE 950.00$ 29802 GEISLER, ROBERT 100.00$ 29888 ROSE MARKING DEVICES LTD 40.16$ DEPARTMENT AMOUNT29803 GERANSKY BROTHERS 2,907.44$ 29889 RURAL MUNICIPALITY OF COR 3,620.14$ General Government 14,347.80$ 29804 GILLECTRIC CONTRACTING LT 1,506.43$ 29890 SASK VALLEY RIDING CLUB 2,000.00$ Protective Services 4,793.50$ 29805 GOERTZEN, CHARLOTTE 480.00$ 29891 SASK WATER CORPORATION 148,326.03$ Planning Development 8,775.61$ 29806 GORDON DYCK 262.50$ 29892 SASKATCHEWAN RESEARCH COUNCIL 366.20$ Recreation & Community Services 32,326.94$ 29807 GORELITZA, BONNIE 630.45$ 29893 SASKATCHEWAN VALLEY NEWS 34.50$ Transportation Services 13,476.92$ 29808 GRASSWOOD PARK CATERING 1,281.41$ 29894 SASKATOON MEDIA GROUP 399.60$ Water & Sewer 8,083.08$ 29809 GRAYCON GROUP DIVISON OF 1,786.40$ 29895 SASKATOON PORTABLE SIGNS 105.00$ Council -$ 29810 GREATER SASKATOON CATHOLI 4,111.49$ 29896 SASKATOON SPCA INC 60.00$ TOTAL 81,803.85$

29811 GREEN, ADAM AND PHIPPS, R 4.64$ 29897 SCHINDEL, CARLEE 160.00$ EXPENDITURE GRAND TOTAL 1,705,105.52$ 29812 GUARDIAN TRAFFIC SERVICES 424.96$ 29898 SCHWAGER, NANCY 300.00$ 29813 HAGEMEYER CANADA INC O/A 396.00$ 29899 SHAMO, SEMONA 600.00$ 29814 HALLIWELL, HARRY AND HALL 173.30$ 29900 SHARALIFE 1,507.00$

PAYROLL - P#24

PAYROLL - P#25

EXPENDITURE APPROPRIATION NO. 20- 2015December 15, 2015

CITY OF MARTENSVILLE

DRAFT ZONING BYLAW 1-2015

Prepared for:

THE CITY OF MARTENSVILLE

Prepared by:

CROSBY HANNA & ASSOCIATESLANDSCAPE ARCHITECTURE AND PLANNING

SASKATOON, SK

NOVEMBER, 2015

2


ZONING BYLAW

A Bylaw of the City of Martensville to adopt a Zoning Bylaw. The Council of the City of Martensville, in the Province of Saskatchewan, in open meeting assembled enacts as follows: (1) Pursuant to Section 34(1) of The Planning and Development Act, 2007 the Council of the City of

Martensville hereby adopts the City of Martensville Zoning Bylaw, identified as Schedule "A" to this Bylaw.

(2) The Mayor and City Clerk are hereby authorized to sign and seal Schedule "A" which is attached

to and forms part of this Bylaw. (3) Bylaw No. 18-2008, the Zoning Bylaw, and all amendments thereto, are 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 the 16th day of June, 2015 Read a Second Time the 3rd day of November, 2015 Read a Third Time the 15th day of December, 2015 Adoption of the Bylaw this 15th day of December, 2015

__________________________________________ (Mayor)

SEAL __________________________________________

(City Clerk) Certified a True Copy of the Bylaw adopted by Resolution of Council On the _________ day of _____________________, of the year __________

3


ZONING BYLAW

Being Schedule “A” to Bylaw No. 1-2015 of the City of Martensville

______________________________________ (Mayor)

SEAL ______________________________________ (City Clerk)

4

TABLE OF CONTENTS

1 INTRODUCTION ............................................................................... 1

1.1 Title ............................................................................................................................................... 1 1.2 Scope ............................................................................................................................................. 1 1.3 Purpose .......................................................................................................................................... 1 1.4 Severability ................................................................................................................................... 1

2 INTERPRETATION ............................................................................. 2

3 ADMINISTRATION ........................................................................... 22

3.1 Development Officer................................................................................................................... 22 3.2 Development Permits .................................................................................................................. 22 3.3 Development Permit Application Requirements ........................................................................ 23 3.4 Development Permit Application Process .................................................................................. 24 3.5 Development Permit Application Fees ....................................................................................... 24 3.6 Development Appeals Board ...................................................................................................... 25 3.7 Right of Appeal ........................................................................................................................... 25 3.8 Minor Variances .......................................................................................................................... 25 3.9 Nonconforming Uses, Buildings and Sites ................................................................................. 25 3.10 Discretionary Use Applications .................................................................................................. 26 3.11 Fees ............................................................................................................................................. 33 3.12 Zoning Compliance, Offences and Penalties .............................................................................. 34

4 GENERAL REGULATIONS.................................................................. 36

4.1 Licences, Permits and Compliance with Other Bylaws and Legislation .................................... 36 4.2 Building Lines ............................................................................................................................. 36 4.3 Number of Principal Buildings Permitted on a Site .................................................................... 36 4.4 Height Restrictions ...................................................................................................................... 36 4.5 Visibility Clearance at Intersections (Sight Triangles) ............................................................... 36 4.6 Required Yards and Open Space ................................................................................................ 36 4.7 Bonus Provisions for Multiple Unit Dwellings ........................................................................... 38 4.8 Fences ......................................................................................................................................... 38 4.9 Accessory Buildings and Structures ........................................................................................... 39 4.10 Off-Street Parking and Loading .................................................................................................. 43 4.11 Signs ............................................................................................................................................ 48 4.12 Special Regulations and Standards ................................................................................................. 53 4.13 Servicing ..................................................................................................................................... 65 4.14 Storage of Materials and Unlicensed or Inoperative Vehicles .................................................... 65 4.15 Outside Storage and Waste Material Storage .............................................................................. 66 4.16 Development on Hazard Lands ................................................................................................... 66 4.17 Buildings or Uses Occupying More than One Lot ...................................................................... 66 4.18 Frontage on Road ........................................................................................................................ 66 4.19 Building to Be Moved ................................................................................................................. 67

5

4.20 Demolition of Buildings.............................................................................................................. 67 4.21 Grading and Levelling of Sites ................................................................................................... 67 4.22 Garage and Yard Sales ................................................................................................................ 67 4.23 Water ........................................................................................................................................... 67 4.24 Landscaping ................................................................................................................................ 67 4.25 Prohibited Uses ........................................................................................................................... 70

5 ZONING DISTRICTS ......................................................................... 71

5.1 Classification of Zoning Districts ............................................................................................... 71 5.2 The Zoning District Map............................................................................................................. 71 5.3 Boundaries of Zoning Districts ................................................................................................... 71 5.4 Zoning Districts .......................................................................................................................... 72 5.5 Transitional Zoning Provisions ....................................................................................................... 72 5.6 Properties with More than One Zoning District .......................................................................... 72

6 DISTRICT SCHEDULES ..................................................................... 73

6.1 R1 - Low Density Residential District ........................................................................................ 73 6.2 R1A – Core Area Residential District ......................................... Error! Bookmark not defined. 6.3 R2 - Medium Density Residential District .................................................................................. 81 6.4 R3 – High Density Residential District ....................................................................................... 85 6.5 RMH – Manufactured Home Residential District ...................................................................... 88 6.6 CS – Community Service District ............................................................................................... 90 6.7 C1 – Neighbourhood Centre Commercial District...................................................................... 93 6.8 C2 – Highway Commercial District ............................................................................................ 95 6.9 C2A – Arterial Commercial District ........................................................................................... 99 6.9 MU – Mixed Use District.......................................................................................................... 103 6.10 M – Industrial District ............................................................................................................... 107 6.11 FUD – Future Urban Development District .............................................................................. 110

7 MAPS ........................................................................................... 112

City of Martensville Zoning Bylaw 1

1 INTRODUCTION Under the authority of The Planning and Development Act, 2007, and Bylaw No. 17-2008, the Official Community Plan of the City of Martensville, the Council of the City of Martensville in the Province of Saskatchewan, in open meeting, hereby enact as follows: 1.1 TITLE This Bylaw shall be known and may be cited as the Zoning Bylaw of the City of Martensville. 1.2 SCOPE Development shall be permitted within the limits of the City of Martensville only when in conformity with the provisions of this Bylaw subject to the right of appeal provisions of the Act. 1.3 PURPOSE This is a Bylaw to control the use and development of the land in the municipality and assist in implementing the Official Community Plan for the City of Martensville. 1.4 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 in 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: Abutting: touching and sharing a common site line or boundary. Accessory Building or Use: a building or use which: (a) is subordinate to and serves the principal building or principal use; (b) is subordinate in area, 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

principal use served; and, (d) is located on the same site as the principal building or principal use served. Act: The Planning and Development Act, 2007. Adult Day Care: an establishment for the placement, care and supervision of adults, but does not include the provision of overnight supervision. Adult Day Care – Type I: an adult day care with up to five persons under supervision at any one time. Adult Day Care – Type II: an adult day care with more than five persons under supervision at any one time. Adult Entertainment: shall mean, whether as a principal, accessory or ancillary use, a venue which features live entertainment, motion pictures, video tapes, video discs, slides or similar electronic or photographic reproductions of adult entertainment including strip-tease, wet clothing contests or similar adult performances. Alteration: any structural change in, or addition to, a building or structure, and shall include a change from one type of use to another. Ambulance Station: a facility for receiving requests for ambulance service and for the stationing of one or more ambulances until dispatched in response to calls for service, which is operated by a person or corporation having a valid and subsisting ambulance licence issued pursuant to The Ambulance Act and having a current contract with the Regional Health Authority. Ancillary Use: a use that is secondary and subordinate in size, extent and purpose to the principal use on the same site, but is not necessary for the operation of the principal use on that site. Animal Hospital: a place used for the care and treatment of small and large animals involving out-patient care, medical procedures involving hospitalization, and the keeping of animals in outdoor pens. Bare Land Condominium: a condominium divided into bare land units as defined in The Condominium Property Act, 1993. Bare Land Unit: a bare land unit as defined within The Condominium Property Act, 1993. Bed and Breakfast Home: a dwelling unit in which the occupants thereof use a portion of the dwelling


unit for the purpose of providing, for remuneration, sleeping accommodation and one meal per day to members of the general public, for periods of one week or less, and in which: (a) not more than three bedrooms within the dwelling unit are used to provide such sleeping

accommodation; (b) the dwelling unit is the principal residence of the person or persons receiving the remuneration and

providing the sleeping accommodation and one meal per day; and, (c) the meal which is provided is served before noon each day. Boarding House: a building where the proprietor supplies sleeping accommodations to not more than 15 individuals and where meals and other services may be provided, and where no cooking facilities are present in any individual sleeping room or accommodations. Boulevard: the strip of land between the curb and the property line, or in the absence of a curb, the strip of land between the road/pavement edge and the property line. The boulevard is located within the road right-of-way. Building: a structure constructed or placed on, in, or over land, but does not include a public highway, and includes any structure covered by a roof and supported by walls or columns. Building Bylaw: any Bylaw of the City of Martensville regulating the erection, alteration, repair, occupancy or maintenance of buildings or structures. Building Front Line: the line of the wall of the building, or any projecting portion of the building, and production thereof excluding permitted obstructions which faces the front site line. Building Height: the vertical distance of a building measured from grade level to the highest point of the roof surface. For multiple unit dwellings with a gable, hip or gambrel roof, building height shall be measured from grade level to the mean height level between the eaves and the ridge. Building Line, Established: a line, parallel to the front site line (and, in the case of corner sites, a line, parallel to the side site line along the flanking street), and set back the average distance from the edge of the street to the main walls of the existing buildings on a side of any block of the street where more than half the lots have been built on. Building Permit: a permit issued under a Building Bylaw of the City of Martensville authorizing the construction of all or part of a building or structure. Building, Principal: the building in which is conducted the main or primary use of the site on which said building is situated. Building Rear Line: the line of the wall of the building or any projecting portion of the building and production thereof excluding permitted obstructions which faces the rear site line. Building Side Line: the line of the wall of the building, or any projecting portion of the building and production thereof excluding permitted obstructions, which faces the side site line. Bulk Fertilizer Operation: means a facility for the storage and distribution of fertilizer in bulk quantities, but not including retail sales or processing. Bylaw, this: the Zoning Bylaw of the City of Martensville.


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. Car Wash: a building or portion of a building which is used for the washing of vehicles, including full service, automatic and hand operated facilities. Cemetery: property used for the interment of the dead and may include facilities for the storage of ashes of human remains that have been cremated. City: the City of Martensville. City Clerk: the City Clerk for the City of Martensville. 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. Common Wall: a vertical wall without an opening, separating two dwelling units between the top of the footings to the underside of the roof deck, and shall be common to both dwelling units over at least 40% of the length of each dwelling unit. Community Centre: a building or facility used for recreational, social, educational or cultural activities and which is owned by a municipal corporation, non-profit corporation or other non-profit organization. Community Garden: an area of land managed and maintained by a formal or informal group of individuals to grow and harvest food crops and/or non-food ornamental crops, such as flowers, for personal or group use, consumption, sale at a farmers’ market or farm stand, or donation. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members. 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. Convenience Store: a store offering for sale primarily food products, beverages, tobacco, personal care items, hardware and printed matter and which primarily provides a convenient day-to-day service to residents in the vicinity. Corner Site: a site at the intersection or junction of two or more streets. Council: the Council of the City of Martensville. Cultural Institution: an establishment such as a museum, art gallery, library and similar facilities of historical, educational or cultural interest which are not commercially operated. Custodial Care Facility: either: (a) a facility for the temporary detention or open custody of persons pursuant to the provisions of The

Youth Criminal Justice Act (Canada) or The Summary Offences Procedure Act, 1990 (Saskatchewan); or,


(b) a facility for the accommodation of persons participating in a community training program pursuant to The Correctional Services Act,

in which the number of persons in detention, custody or residence does not exceed four.

Day Care Centre: a facility for the non-parental care of over four (4) preschool age children on a daily basis and licensed under The Child Care Act. Deck: a raised platform, with or without rails, for use by those occupying the 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. Distilleries, Wineries and Breweries: means a facility for the small-scale or craft production of alcoholic and other beverages, including the distillation, aging, blending, fermenting, bottling, storage, distribution, promotion, and sale of beverages. Dwelling: a building used or intended for residential occupancy, and may include a Modular Dwelling or a Ready-to-Move Dwelling, but excluding a Manufactured Dwelling or Mobile Home Dwelling, as herein defined. Dwelling Group: a group of two or more detached one unit dwellings, two unit dwellings or multiple unit dwellings or combinations thereof occupying the same site. Dwelling, Manufactured: a factory-built, one or two section dwelling, conforming to CSA Standard A277, and which is transported to the site for placement on a fixed approved foundation which complies with the requirements of the National Building Code. Dwelling, Modular: a dwelling which is constructed of pre-fabricated parts, unit modules and/or finished sections built in a factory, and which are transported to the site for assembly on a fixed approved foundation which complies with the requirements of the National Building Code. Dwelling, Mobile Home: a dwelling that may be used all year round and that conforms to Canadian Standards Association, Construction Standard No.Z240.2.1-1979 and amendments thereto. Dwelling, Multiple Unit: a building divided into three or more dwelling units as herein defined and shall include town or row houses and apartment dwellings but not hotels or motels. Dwelling, Multiple Unit Apartment: a building divided into three or more dwelling units as herein defined, each of which is occupied or intended to be occupied as a permanent home or residence and is accessed from the outside, a common indoor area, or both, but not including hotels, motels or townhouses. Dwelling, Multiple Unit Townhouse: a multiple-unit dwelling in which each unit has its own entrance to the outside and each unit is separated from other units by a common wall or ceiling which has no openings.


Dwelling, Ready-to-Move (RTM): a ready-to-move one unit dwelling which is built to completion off-site using conventional lumber and building practices according to the current National Building Code of Canada, and which is transported to the site as a complete unit for placement on a fixed approved foundation which complies with the requirements of the National Building Code. Dwelling, Secondary Suite: a self-contained dwelling unit that is an accessory use to, and located within, a building in which the principal use is a single detached dwelling. Dwelling, Semi-Detached: a building divided vertically into two dwelling units by a common party wall which separates the two units without opening. Dwelling, Single Detached: a detached building consisting of one dwelling unit as herein defined, but shall not include a mobile home as herein defined. Dwelling, Street Townhouse: a dwelling, designed as one cohesive building in terms of architectural design, which contains three 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 above another dwelling. Dwelling, Two-Unit: a building divided into two separate dwelling units on the same site but not including single detached dwellings which contain a secondary suite as defined herein. Dwelling Unit: a separate set of living quarters, whether occupied or not, usually containing sleeping facilities, sanitary facilities and a kitchen or kitchen components. For the purposes of this definition, "kitchen components" include, but are not limited to, cabinets, refrigerators, sinks, stoves, ovens, microwave ovens or other cooking appliances. Educational Institution: a post-secondary college, university or technical institution, but shall not include a private school. Fabric Covered Structure, Accessory: a pre-manufactured structure consisting of wood framing, tubular metal, or tubular plastic frame, covered on the roof and a maximum of three sides with fabric, reinforced plastic, vinyl, or other sheet material, intended for temporary storage purposes. Farmers’ Market: a permanent structure or group of farm stands, operated on a seasonal or year-round basis, which allows for agricultural or horticultural producers to retail their products and other agriculture-related items, including those produced in a community garden, directly to consumers and enhance income through value-added products, services, and activities. Farm Stand: a seasonal direct-marketing operation without a permanent structure and offering outdoor shopping for the sale of locally-produced agricultural products including those produced in a community garden, enhanced agricultural products, and handmade crafts. Fence: an artificially constructed barrier erected to enclose or screen areas of land. Financial Institution: a bank, credit union, trust company, or similar establishment. Flankage: the side site line of a corner site which abuts the street. Floor Area: the maximum habitable area contained within the outside walls of a building, excluding in the case of a dwelling unit any private garage, unfinished attic or unfinished basement.


Frontage: the side of a site abutting a street and, in the case of a corner site, the shorter of the sides is the frontage. Fuel Storage Depot, Bulk: means a facility for the storage and distribution of petroleum and petrochemical in bulk quantities, but not including retail sales or processing, and may include tanker vehicle storage and key-lock pumps. Fuel Storage Tank, Above Ground: a storage tank, any portion of which is above grade and containing gasoline, diesel fuel, or propane for retail sale or dispensing into motor vehicles. Fuel Bulk Storage Tank, Bulk: a storage tank for the purpose of storing fuels for distribution. Garage, Private: a garage used for storage purposes only, where no business, occupation or service is conducted for gain, other than an approved home based business, and in which no space is rented to or by a non-resident of the premises. Garage, Public: any garage available to the public, operated for gain, and which is used for repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles, including major repairs. Gas Bar: a building or facility used for the retail sale of motor vehicle fuels from fixed pumps. Grade Level: the average level of the finished surface of the ground adjacent to the exterior walls of the building or structure. In the case of one-unit dwellings, two-unit dwellings and semi-detached dwellings with a walk-out basement, grade level shall be the average elevation of the finished surface of the ground adjacent to the side walls of the building. Gross Floor Area: means the sum of the gross horizontal area of the building measured at each floor level. All dimensions shall be measured between exterior faces of exterior walls. Gross Floor Space Ratio: Means the ratio of the gross floor area of the principal building, exclusive of any parking area, divided by the site area. Hard Surfaced: means the provision of a durable, dust-free material constructed of concrete, asphalt or similar pavement. Hazard Land: land which is subject to flooding, ponding, subsidence, landslides or erosion. Hazardous Material: any product, substance or organism which, because of its quantity, concentration or risk of spill, or its physical, chemical or infectious characteristics, either individually or in combination with other substances, is an existing or potential threat to the physical environment, to human health or to living organisms, including but not limited to: (a) Corrosives; (b) Explosives; (c) Flammable and combustible liquids; (d) Flammable solids; substances liable to spontaneous combustion; substances that on contact with

water emit flammable gases; (e) Gases, compressed, deeply refrigerated, liquefied or dissolved under pressure; (f) Oxidizing substances; organic peroxides; (g) Poisonous (toxic) or infectious substances;


(h) Radioactive materials; (i) Waste Dangerous Materials; and/or, (j) Any other environmentally hazardous substance. Health Care Clinic: a facility or institution engaged in the provision of services for health maintenance, diagnosis or treatment of human pain, injury or other physical condition on an out-patient basis. Home Based Business: an accessory use of a dwelling unit by a resident of the dwelling for a business which is secondary and incidental to the primary use of the dwelling as a residence, and does not change the residential character of the buildings or site. Home Based Business – Type I: a home based business owned and operated by a resident or residents of the dwelling unit. Home Based Business – Type II: a home based business owned and operated by a resident or residents of the dwelling unit, but where no more than one non-resident person may be employed on the site. 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. Indoor Storage Rental Facility: a building or buildings containing separate secured storage units designed to be rented or leased for private storage of personal goods, materials and equipment, household goods, furniture, general merchandise and vehicles, excluding: (a) highly flammable materials, chemicals, odorous, explosive or other inherently dangerous or

noxious goods; and (b) hazardous materials as defined in this Bylaw. Industrial Complex: a building or a group of buildings located on the same site that are managed as a single unit, all for their mutual benefit, including the use of off-street parking and other joint facilities; and more than two approved permitted or discretionary uses are located on that site. Industrial, General Use: any of the following uses:

(a) the processing of raw or finished materials; (b) the manufacturing or assembly of goods, products or equipment; (c) the cleaning, servicing, repairing or testing of materials, goods and equipment normally

associated with industrial or commercial businesses or cleaning, servicing and repair operations of goods and equipment associated with personal or household use, where such operations have impacts that would make them incompatible with non-industrial development;

(d) the storage or transshipment of materials, goods and equipment, including warehouses. (e) The training of personnel in general industrial operations; (f) Indoor display, office, technical or administrative support areas or any sales operation

accessory to the general industrial use. Intensive Agricultural Use: means a principal use that produces a crop that is grown in buildings or under structures, using hydroponic techniques, or by use of intensive irrigation and fertilizer application, but not including a livestock facility. Intersection: an area where two or more streets or lanes meet or cross at grade. Junk and Salvage Yards: uses including, but not limited to, uses involved in salvaging, storing or selling


scrap metal, paper, plastic, glass, wood and other waste material, as well as unlicensed vehicles and used vehicle parts. Kennel, Boarding: the temporary accommodation of dogs, cats or other domestic animals for commercial purposes. Landscaping: the changing, rearranging, or adding to the original vegetation of a site, including site grading, addition of topsoil, grass, trees, plants, sidewalks and other natural or decorative features. Landscaping, Hard: landscape features consisting of non-vegetative materials such as brick, stone, concrete, tile and wood, excluding gravel, loose rock, outdoor carpeting, or monolithic concrete and asphalt. Landscaping, Soft: landscape features consisting of vegetation such as trees, shrubs, hedges, and grass. Lane: a public highway vested in the Crown as a secondary level of access to a lot or parcel of land. Loading Space: a space, measuring at least 3.0 metres in width and 7.5 metres in depth, located on a site, and having access to a street or lane, in which a vehicle may park to load or unload goods. Lot: an area of land with fixed boundaries and which is of record with the Information Services Corporation by Certificate of Title. Lounge: a room or area adjoining a restaurant that permits the sale of beer, wine or spirits for consumption on the premises, with or without food, and where no entertainment or dance floor is permitted, either in the lounge or in the restaurant attached to the lounge. The area of a lounge may not exceed 50% of the public assembly area in the adjoining restaurant. Manufacturing, Light: a light industrial use where all processing, fabricating, assembly, or disassembly of items takes place wholly within an enclosed building, including, but not limited to apparel, food, drapes, clothing accessories, bedspreads, decorations, artificial plants, jewellery, instruments, computers, electronic devices. Mayor: the Mayor of the City of Martensville. Medical, Dental and Optical Laboratories: a place fitted with medical and scientific equipment and used for the conduct of medical, dental or optical investigations, experiments, and tests; or for the manufacture of medicines or medical aid devices, but does not include the manufacture of industrial chemicals. Minister: the member of the Executive Council who, for the time being, is assigned the administration of The Planning and Development Act, 2007. Motel: an establishment consisting of a group of attached or detached living or sleeping accommodations each with a bathroom, located on a lot or site and designed for use by the public, and may include a restaurant or licensed dining room. Municipal Facility: land and/or structures owned by the Municipality including, but not limited to, land and/or structures used for the following: (a) Office and/or meeting space; (b) Storage of municipal equipment and/or supplies; and/or (c) Other institutional purposes.


Municipality: the City of Martensville. Night Club: a building or portion thereof, where beer, wine or spirits are served to patrons for consumption on the premises, with or without food, and where a designated area for entertainment or dancing, but not including adult entertainment, during certain hours of operation may also be provided. Nonconforming 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. Nonconforming Site: a site, consisting of one or more contiguous parcels, to which all required permits have been issued on the date that this Bylaw or any amendment to the Bylaw becomes effective, contains a use that conforms to the Bylaw, but the site area or site dimensions do not conform to the standards of the Bylaw for that use. Nonconforming Use: a lawful specific use: (a) being made of land or a building or intended to be made of a land or 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.

Non-Covered: a building structure open to the sky or without a substantial roof structure. Office and 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, transhipped, sold or processed. Official Community Plan: the Official Community Plan for the City of Martensville. Parking Lot: an open area of land, other than a street, used for the temporary parking of more than four vehicles and available for public use whether free, for charge, or for accommodation of clients or customers. Parking, Off-street: accommodation for the parking of vehicles off a public street or lane. Parking Space, Vehicle: a space within a building or parking lot for the parking of one vehicle and which has access to a developed street or lane, having minimum dimensions of 2.7 metres wide by 6.7 metres deep with direct lane access; 3.0 metres wide by 6.7 metres deep for a parallel space; and 2.7 metres wide by 6.0 metres deep for all other. Patio: an open horizontal, artificially surfaced area adjacent to the principal building, usually at grade level, intended for use as an outdoor private amenity space.


Permitted Use: any 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 Care Home: a facility licensed under the Personal Care Homes Act that provides long term residential, social and personal care, including accommodation, meals, supervision or assistance for persons who have some limits on ability for self-care, and are unrelated to the operator or owner. Personal Service Shop: a business associated with the grooming of persons or the maintenance or repair of personal wardrobe articles and accessories and may include: (a) beauty salons and barber shops; (b) shoe repair; (c) dry-cleaning pick-up depots; (d) self-serve laundry; (e) tailor or seamstress; (f) massage services; (g) photography studios; (h) tanning beds; and (i) tattoo parlours,

but does not include the provision of health related services. Pet Grooming Establishment: a business associated with the grooming of small domestic animals not prohibited by the Animal Control Bylaw with the confinement of animals restricted to indoors; but not including kennels for overnight boarding. Photography Studio: a place used for portrait or commercial photography, including the developing and processing of film, and the repair or maintenance of photographic equipment. Place of Worship: a place used for worship and related religious, philanthropic or social activities and includes accessory rectories, manses, meeting rooms and other buildings. Typical uses include churches, chapels, mosques, temples, synagogues and parish halls. Preschool: a facility which provides a program for preschool aged children. Public Hospital: a hospital operated by the Regional Health Authority. Public Utility: a government, municipality or corporation under Federal or Provincial statute which operates a public work. Public Work: includes: (a) systems for the production, distribution or transmission of electricity; (b) systems for the distribution, storage or transmission of natural gas or oil; (c) facilities for the storage, transmission, treatment, distribution or supply of water; and/or, (d) facilities for the collection, treatment, movement or disposal of sanitary sewage. (e) telephone, internet, cable television or light distribution or transmission lines; and, (f) facilities for the collection, storage, movement and disposal of storm drainage. Recreational Facility, Commercial: a recreation or amusement facility operated as a business and open


to the general public, but not including adult entertainment. Recreational Facility, Public: a recreation or amusement facility operated by the province, municipality, or a non-profit organization and open to the general public, but not including adult entertainment. Recreational 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; and includes truck campers, motor homes, tent trailers and travel trailers. Recycling Collection Depot: a building or structure used for collection and temporary storage of recyclable household material such as bottles, cans, plastic containers and paper. The following shall not be permitted at a recycling collection depot: (a) processing of recyclable material other than compaction; (b) collection and storage of oil, solvents or other hazardous material; (c) outdoor compaction. Residential Care Home: a licensed or approved group care home governed by Provincial regulations that provides, in a residential setting, 24 hour care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. Residential Care Home - Type I: a residential care home in which the number of residents, excluding staff, does not exceed four. Residential Care Home - Type II: a residential care home in which the number of residents, excluding staff, is more than four. Restaurant: a place where food and beverages are prepared and served to patrons seated at tables or counters, in a motor vehicle on the premises, or for off-site consumption, and may include a drive-through service window. Retail Store: a place where goods, wares, or merchandise are offered for sale or rent, and may include the manufacturing of products to be sold on site, provided the gross floor area used for manufacturing does not exceed 25% of the gross floor area of the retail store. School, Private: a facility which meets Provincial requirements for elementary, secondary, or higher education, and which does not secure the majority of its funding from taxation or any governmental agency, and may include vocational and commercial schools, music or dance schools and other similar schools. School, Public: a facility which meets Provincial requirements for elementary or secondary education, and which secures the majority of its funding from taxation. Screening: a fence, wall, berm or planted vegetation located so as to visually shield or obscure one abutting area of use from another. Secondary Suite: a self contained dwelling unit which is an accessory use to, and contained within, a detached building in which the principal use is a single detached dwelling. Service Station: a place where petroleum products are kept for retail sales for automobiles and other motor vehicles and where repairs, rental, servicing, greasing, adjusting or equipping of automobiles or other motor vehicles may be performed, but not including painting, body work and major repairs.


Shipping Container: a prefabricated metal container or box specifically constructed for the transport of goods by rail, ship or transport truck. Shopping Centre: a building, or group of buildings located on the same site that are managed as a single unit, all for their mutual benefit, including the use of off-street parking and other joint facilities; and where more than two approved permitted or discretionary uses are located on that site. Sight Triangle: the triangular area formed within a site by the intersecting front and side site lines at a street intersection, an intersection of a street and a flanking lane, or an intersection of a street and a driveway, and the straight line joining said site lines at points which are a measured distance along both site lines (refer to Figure 2-3 below). In the case of a street intersection, at a corner site, the measured distance shall be 7.6 m. In the case of a lane or driveway intersecting a street, the measured distance shall be 4.5 m.

Figure 2-3: Sight Triangles

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 on or from a street or public thoroughfare. Sign, Awning: a sign made from canvas, plastic or similar non-rigid material affixed to a frame and attached to a building wall (refer to Figure 2-4(a)).


Figure 2-4(a): Illustration of Awning Sign

Sign, Canopy: a sign consisting of a rigid, multi-sided structure supported by columns or posts embedded in the ground (refer to Figure 2-4(b)).

Figure 2-4(b): Illustration of Canopy Sign

Sign, Directional / Information: a sign giving directions, instructions or facility information but not including any advertising copy. Sign, Electronic Message Centre: A variable message sign that utilizes computer-generated messages involving letters, words, graphics, animation, video or dynamic text. These signs include digital displays, using incandescent lamps, LED’s, LCD’s, plasma or related technology, whereby the message can be altered by electric or electronic means. Sign, Face Area: the area of the single face of any sign and is calculated using the illustration in Figure 2-2.


Figure 2-2: Calculation of Sign Face Area

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 0.25 metres from such building or structure. Sign, Free-Standing: a non-movable sign, not affixed to a building, and which is supported by a pole or similar structure. Sign, Off Premise: means any sign displaying copy that directs attention to a business, activity, product, service, or entertainment that cannot be considered as the principal products sold nor a principal business, activity, service or entertainment provided on the premises or site where the sign is displayed. Sign, Portable: a portable, free-standing sign, mounted on a wide based frame, with a single sign face area no greater than 6.0 m2 or a gross area no greater than 12.0 m2, which can be readily moved or transported to various locations (refer to Figure 2-4(c)).

Figure 2-4(c): Illustration of Portable Signs


Sign, Projecting: a sign which is wholly or partially dependent upon a building for support and which projects more than 0.25 metres beyond the wall of the building (refer to Figure 2-4(d)).

Figure 2-4(d): Illustration of Projecting Sign Sign, Roof: a sign that is mounted on the roof of a building, or which is wholly dependent upon a building for support and which projects above the point of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof or the deck line of a building with a mansard roof. Sign, Temporary: an election sign or temporary sign bearing notice of sale or lease or other information relating to a temporary condition affecting the property. Sign, Total Face Area: the total amount of sign face area on a sign including all sides. Site: means an area of land: (i) under one ownership considered as a unit; (ii) having its principal frontage on a public street; and (iii) not divided by a public street. Site, Corner: a site at the intersection of two or more streets (refer to Figure 2-5).


Figure 2-5: Illustration of Site Definition

Site, Interior: a site other than a corner site (refer to Figure 2-5). Site Coverage: that portion of the site that is covered by principal and accessory buildings, including covered patios and covered decks. Site Line, Front: the line that divides the site from the street right-of-way. In the case of a corner site, the front site line shall mean the line separating the narrowest street frontage of the site from the street right-of-way. Site Line, Rear: the line (or point) at the rear of the site adjacent to a rear lane and opposite the front site line or in the case of no rear lane, the line or point at the rear of the site and opposite the front site line (refer to Figure 2-6).


Figure 2-6: Illustration of Rear Site Lines

Site Line, Side: a site line other than a front or rear site line. Site, Through: a site not more than one lot in depth, having a frontage on two streets more or less parallel (refer to Figure 2-5). Site Width: the horizontal distance between the side boundaries of the site measured at a distance equal to the required minimum front yard from the front site line for the district in which the site is located (refer to Figure 2-7).


Figure 2-7: Illustrations of Site Width

Special Care Home: a nursing home, supervisory care home, sheltered care home or other facility used for the purpose of providing supervisory care, personal care, and nursing care. Storey: that portion of any building which is situated between the top of any floor and the top of the floor next above it; and if there is no floor above it, that portion between the top of such floor and the ceiling above it. A basement or cellar shall not be counted as a storey if it is designed or used for ancillary activities such as long term storage, mechanical rooms, stairways, janitorial rooms, or parking garage; and at least one half of the height of the basement or cellar, from finished floor to finished ceiling, is located below grade level. Street: a public space, commonly used as a thoroughfare, which affords the principal means of access to abutting properties. Streetscape: the physical elements of the street, as seen from a human perspective, that help define the character, perception, scale, and overall “feel” of the street or neighbourhood, including: (a) trees and other vegetation; (b) sidewalks, medians, and boulevards, including textural elements; (c) street furniture and decoration;


(d) frontages, façades, massing, scale, and architectural aesthetic of buildings; (e) pedestrians and bicyclists; (f) moving and parked vehicles; (g) roadways and lanes; (h) signage; and (i) utility elements. Structural Alteration: the construction or reconstruction of supporting elements of a building or other structure. Structure: anything erected or constructed, the use of which requires temporary or permanent location on, or support of, the soil, or attached to something having permanent location on the ground or soil; but not including pavements, curbs, walks or open air surfaced areas. Tavern: a building or portion thereof where beer, wine, or spirits are served to patrons for consumption on the premises, with or without food, and where no entertainment or dance floor is permitted. Theatre: a place devoted to showing motion pictures or dramatic, dance, musical or other live performances. Tourist Campground: a tract or parcel of land which provides for the location of tents or recreation vehicles used by travellers and tourists for overnight accommodation. Trailer: a vehicle, other than a semi-trailer, farm machinery, or a recreational vehicle, that is drawn on a highway by a motor vehicle and that is designated for the conveyance of goods. Examples of a trailer include but are not limited to small utility trailers (open or enclosed), and trailers to carry boats, snowmobiles, all-terrain vehicles, jet-skis, or motorcycles. Use: the purpose or activity for which a piece of land, or its building is designed, arranged, intended, occupied or maintained. -Vehicle: a device in or by which a person or thing may be transported or drawn on a street and includes motor vehicles, trailer coaches, semi-trailers, fire engines, fire department apparatus, and all vehicles propelled by muscular power; but does not include railway cars and other motor vehicles running only upon rails or tracks or solely upon railway company property. Veterinary Clinic: a place for the care and treatment of small animals involving outpatient care and medical procedures involving hospitalization, but shall not include the keeping of animals in outdoor pens. Wall Height: the vertical distance of a building measured at the outermost building face, from grade level to the top of the wall, not including the roof. Warehouse: a building used primarily for the storage of goods and materials. Wholesale Establishment: the sale of commodities to retailers or jobbers and shall include the sale of commodities for the purpose of carrying on any trade or business. Yard: an unoccupied space open to the sky on the same site with a building or structure. Yard, Front: the area between the side site lines and the front site line to the front building line.


Yard, Rear: the area between the side site lines, and the rear site line to the rear building line. Yard, Required: a yard or yards required by 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. 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 3.1.1 The Development Officer shall administer this Bylaw. 3.1.2 The Development Officer shall be the Planning Manager for the City of Martensville and any other

person authorized, in writing, by the Planning Manager to act as a Development Officer for the purposes of this Bylaw and The Act.

3.2 DEVELOPMENT PERMITS 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 subject to Sections 213 to 232 of The Act.

3.2.2 A development permit is not required, but all other applicable provisions of this Bylaw are to be

followed, for the following:

(1) the maintenance of a public work by the municipality or a public utility; (2) the construction of a public work by the municipality; (3) the installation of a public work on any street or other public right-of-way by the

municipality; (4) maintenance and repairs that do not include structural alterations; (5) accessory buildings under 9.3 square metres in area; and (6) fences.

3.2.3 The effective period for a development permit is 12 months. This period may be extended by the

Development Officer for an additional 12 months if requested in writing by the permit holder. A development permit shall be automatically invalid:

(1) if the proposed development is not commenced within 12 months from the permit issuance

date, or (2) if the proposed development is legally suspended or discontinued, for a period of 12 or

more months, unless otherwise indicated by Council or the Development Officer. 3.2.4 A building permit shall not be issued unless a development permit, where required, has been

granted. If a development permit is deemed void, a new building permit or sign permit is required in conjunction with the issuance of a replacement development permit.

3.2.5 An application for a development permit shall be processed concurrently with an application for a

sign permit. The development permit shall take the form of a stamp affixed to the required sign permit.


3.3 DEVELOPMENT PERMIT APPLICATION REQUIREMENTS 3.3.1 Council’s Zoning Policy 75 – 2008 includes application forms and application decision forms

relevant to this Bylaw. 3.3.2 Except in the case of applications for a sign permit, a portable sign license or a home based business,

every application for a development permit shall be accompanied by the following:

(1) the names, addresses and telephone numbers of the applicant, property owner and person or consultant who prepared the plans being submitted, including a local contact person.

(2) the proposed use of the site or building to be constructed, or the proposed use of the existing

building floor area to be altered or occupied, including the area of the proposed building or renovations.

(3) the complete legal description and civic address of the subject property. (4) two copies of a site plan, drawn to scale with appropriate dimensions, showing the

following information:

(a) north arrow, streets and lanes adjacent to the site, key plan showing nearby lot patterns, all property boundaries, identified frontage of site, site area, site elevations and the location of any existing buildings, structures, utility poles and wires, fire hydrants, underground utilities, easements, building encroachments, and the type and location of existing trees;

(b) the location and size of proposed buildings or structures, including all front, side

and rear yard setback dimensions and the location of all doorways, walkways and pedestrian circulation areas;

(c) the location and size of all proposed parking spaces, aisles and vehicle circulation

areas, loading spaces, and entrances and exits to the site; (d) the location of commercial signage.

(5) two copies of scaled plans, showing the dimensioned floor plans and elevations, including

both interior and exterior wall and floor dimensions and room areas and dimensions. (6) two copies of the landscaping plan clearly indicating the following:

(a) the location and description of other landscape improvements, such as, but limited to: earth berms, drainage swales, catch basins, walls, fences, screens, sculptures, fountains, site furnishings, screened refuse containment areas, and bicycle racks;

(b) location, type and quantity of existing plant materials; (c) the location, type, quantity and spacing of new plant material showing a list of

plant material to be planted identifying caliper size and height at planting and a table indicating the minimum site landscaping requirements of the site and the actual landscaping provided. Conformance to Policy 79-2011 as required. The


planting and installation details as necessary to ensure conformance with all requirements;

(d) footprint of existing and proposed structures along with signage, driveways,

overall parking areas, sidewalks, curbs, and refuse collection areas. The surface materials proposed for the property shall be indicated;

(e) location, type and quantity of existing plant materials including caliper size and

height at planting; (f) snow removal storage and drainage plans.

3.3.3 The Development Officer may require the submission of documentation relating to the

requirements of Section 4.16 of this Bylaw, where relevant. 3.4 DEVELOPMENT PERMIT APPLICATION PROCESS 3.4.1 Applications for a development permit shall be submitted to the Development Officer in accordance

with the requirements of this Bylaw. 3.4.2 The Development Officer shall issue a development permit for a development that complies in all

respects with the requirements of this Bylaw, the Official Community Plan and The Act. 3.4.3 Where an application is made for a development permit with respect to a development for a

discretionary use which has been approved by Council, the Development Officer shall issue a development permit subject to any specified development standards and time limits prescribed by Council pursuant to Section 56(1)(c) and (d) of The Act.

3.4.4 Every decision of the Development Officer with respect to an application for a development permit

shall be in writing and a copy of the decision shall be sent to the applicant. 3.4.5 The Development Officer may revoke a development permit where:

(1) the development permit has been issued in error; (2) an approved development for a permitted use is not being developed in accordance with

the provisions of this Bylaw, or in accordance with the standards and conditions specified in the development permit;

(3) the approval of a proposed development for a discretionary use is deemed to be invalid; or, (4) a development is subject to an agreement which has been cancelled by Council pursuant to

Sections 65 or 69 of The Act. 3.4.6 The Development Officer shall give the reasons for denying or revoking a development permit. 3.5 DEVELOPMENT PERMIT APPLICATION FEES 3.5.1 Development permit fees are set out in Section 3.11.1 of this Bylaw.


3.5.2 There shall be no development permit application fee for business license applications. 3.6 DEVELOPMENT APPEALS BOARD 3.6.1 A Development Appeals Board of the City of Martensville shall be appointed in accordance with

Sections 213 to 227 of The Act. 3.7 RIGHT OF APPEAL 3.7.1 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 City of Martensville. 3.7.2 Where an application for a DISCRETIONARY USE has been APPROVED by Council, WITH

PRESCRIBED SPECIAL 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 City of Martensville.

3.7.3 Where an application for a DISCRETIONARY USE has been REFUSED by Council, the applicant

shall be advised that there is no appeal pursuant to Section 219(2) of The Act. 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 3.7.1 as though the application had been refused at the end of the period specified in this subsection.

3.7.5 Where a person wishes to appeal to the Board, he/she shall file written notice of his/her intention

to appeal with the secretary of the Board, together with an application fee of $50.00. 3.8 MINOR VARIANCES 3.8.1 The Development Officer may grant a variance of up to ten percent (10%) of any yard requirement

or minimum required distances between buildings for a use that is a permitted or discretionary use as specified in this Bylaw. All such variances shall be subject to the conditions and granted in accordance with the procedures contained in Section 60 of The Act.

3.8.2 The Development Officer shall maintain a registry of the location and all relevant details of the

granting of such variances. 3.8.3 An application for a minor variance shall be in a form prescribed by the Development Officer,

together with an application fee of $100. 3.9 NONCONFORMING USES, BUILDINGS AND SITES 3.9.1 Nonconforming uses, nonconforming buildings and nonconforming sites shall be subject to

Sections 88 – 93 inclusive of The Act. 3.9.2 No existing building, site or use shall be deemed to be nonconforming by reason only of the


conversion between the Imperial System of Measurement and the International System of Units (S.I.) where such nonconformity results solely from such conversion and is reasonably equivalent to the S.I. standard herein established.

3.10 DISCRETIONARY USE APPLICATIONS 3.10.1 Discretionary Use Application Process (1) The following procedures shall apply to discretionary use applications:

(a) Applicants must file with the Development Officer a development permit application, a

site plan, any other plans and information as required by the Development Officer and pay the required application and public hearing fees.

(b) The application will be examined by the Development Officer for conformance with the

Official Community Plan, this Bylaw, and any other applicable policies and regulations. (c) The Development Officer may request comments from other government agencies where

applicable. (d) The Development Officer will prepare a report concerning the application including

recommended conditions that may be applied to an approval. (e) The Development Officer will set a date for the meeting at which the application will be

considered by Council and will give notice by ordinary mail to assessed owners of property within 75 metres of the boundary of the applicant's land. The Development Officer will prepare on-site notification posters which must be placed on the site by the applicant and must remain on the site until is considered by Council.

(f) Council shall consider the application together with the report of the Development Officer,

and any written or verbal submissions received by Council. (g) Council may reject the application or approve the application with or without conditions,

including a condition limiting the length of time that the use may be conducted on the site. (h) The Development Officer shall notify the applicant of Council's decision by ordinary mail

addressed to the applicant at the address shown on the application form. (i) Where an application for a discretionary use is approved by resolution of Council, the

Development Officer shall issue a development permit subject to any conditions prescribed by Council. Council shall consider applications in terms of the requirements contained in Section 3.10.2 and 3.10.4.

(j) The Development Officer shall maintain a registry of the location and all the relevant

details respecting the granting of the discretionary use approval. 3.10.2 Terms and Conditions for Discretionary Use Approvals (1) Discretionary uses, discretionary forms of development, and associated accessory uses are subject


to the development standards and applicable provisions of the zoning district in which they are located. In approving any discretionary use, to minimize land use conflict, Council may prescribe specific development standards related to:

(a) site drainage of storm water; (b) the location of buildings with respect to buildings on adjacent property; (c) access to, number and location of parking and loading facilities including adequate access

and circulation for pedestrian and vehicle traffic; (d) appropriate space for vehicle line ups for drive through commercial facilities in order to

reduce disruption of traffic flows on adjacent roadways; (e) control of noise, glare, dust and odour; (f) landscaping, screening and fencing and preservation of existing vegetation to buffer

adjacent properties; (g) the size, shape and arrangement of buildings, and the placement and arrangement of

lighting and signs; (h) prescribed specified time limits for a use that is intended to be temporary or to allow

Council to monitor the impact of a use on surrounding development; and, (i) intensity of use.

(2) Council may approve discretionary use applications for a limited period of time where it is

considered important to monitor and re-evaluate the proposal and its conformance with the objectives of this Bylaw.

(3) Council’s approval of a discretionary use application is valid for a period of 12 months from the

date of approval. Council may direct that a discretionary use permit extension be granted for an additional 12 month period by the Development Officer, upon request of the applicant.

(4) A discretionary use approval shall be deemed to be invalid for the following reasons:

(a) if the proposed use or proposed form of development has not commenced within the 12 month period;

(b) the proposed development is not proceeding in accordance with the terms and conditions of its approval;

(c) If an approved discretionary use or form of development ceases to operate for a period of twelve (12) months or more.

The Development Officer shall advise the owner and Council when a prior approval is no longer valid.

3.10.3 General Discretionary Use Evaluation Criteria


Council will apply the following general criteria, and, where applicable, the use specific criteria in Section 3.10.4, in the assessment of the suitability of an application for a discretionary use or discretionary form of development: (1) The proposal must be in conformance with all relevant sections of the Official Community Plan

and must demonstrate that it will maintain the character, density and purpose of the zoning district, where necessary through the provision of buffer areas, separation and screening.

(2) The proposal must be capable of being economically serviced by community infrastructure

including roadways, water and sewer services, solid waste disposal, parks, schools, and other utilities and community facilities.

(3) The proposal must demonstrate that it is not detrimental to the health, safety, convenience or

general welfare of persons residing or working in the vicinity or injurious to property, improvements or potential development in the vicinity.

(4) The proposal must provide sufficient landscaping and screening, and, wherever possible, shall

preserve existing vegetation. (5) The proposal must demonstrate that any additional traffic generated by the use, can be adequately

provided for in the existing parking and access arrangements. Where this is not possible further appropriate provisions shall be made so as to ensure no adverse parking or access effects occur.

(6) Consideration will be given to the presence of activities already located in the area and on the site,

and their effect on the surrounding residential environment, such as the cumulative effect of locating an activity on a site adjacent to or already accommodating an activity that may currently generate traffic, noise or other impacts not in keeping with the character of the adjacent area.

(7) Consideration will be given to addressing pedestrian safety and convenience both within the site,

and in terms of the relationship to the road network in and around the adjoining area. (8) All operations shall comply with all applicable provincial or federal requirements which govern

their operation and development. (9) Proposals for discretionary uses which may result in heavy truck traffic, particularly in commercial

and industrial districts, should be located to ensure that such traffic takes access to or from major streets or designated truck routes.

3.10.4 Use-Specific Discretionary Use Evaluation Criteria Council will apply the following use-specific criteria to the assessment of the suitability of an application for a particular discretionary use or discretionary form of development: (1) Bus terminals, fleet services and car washes:

(a) The location of the bus terminal or car wash will only be favourably considered where it can be demonstrated that the use and intensity is appropriate to the site and that it will have a minimal impact on the surrounding, adjacent areas. Consideration may be given, but is not limited to, the following effects:


(i) municipal servicing capacity; (ii) anticipated levels of noise, odour, smoke, fumes, dust, lighting, glare, vibration or

other emissions emanating from the operation; and/or, (iii) anticipated increased levels or types of vehicle traffic, unsafe conditions or

situations for vehicles, cyclists or pedestrians. (2) Community service uses, clubs, places of worship, public and commercial recreation facilities:

(a) Schools, clubs and places of worship should, where possible, be located on corner sites to facilitate access.

(b) Public elementary and secondary schools should, where possible, be located adjacent to public open space.

(c) The site should be accessible from arterial or collector streets to avoid heavy traffic volumes on local streets.

(d) Consideration should be given to the location of entry and exit points of the site and their relationship with existing intersections and adjacent residential units.

(e) Parking and loading areas shall be landscaped to minimize their impact on the streetscape and to improve the visual appearance of the site.

(f) Parking for a commercial recreation facility in an Industrial District shall be appropriately

segregated from other uses on the site so as to minimize any potential conflicts between pedestrians and vehicles.

(3) Dwelling groups:

(also refer to Section 4.12.7) (a) Dwelling groups should have vehicular access to a public street from at least two points

which are sufficiently separated to provide accessible ingress and egress in case of emergency.

(c) The suitability of a proposal will be considered with respect to:

(i) the capacity of the adjoining street system to handle the expected traffic volumes; (ii) the density of the proposed dwelling group, the arrangement on the site of the

proposed buildings, on-site parking and traffic considerations, and access for fire fighting and other emergency equipment.

(4) Multiple unit dwellings: (also refer to Section 4.12.9)

(a) The suitability of a proposal will be considered with respect to:

(i) adherence to any concept plan prepared for the proposed development area, including the proposed location of all forms of multiple unit dwellings;

(ii) the convenience of parking; and, (iii) the size, quality, and amenities provided for the proposed dwelling units.


(5) Night clubs and taverns:

(a) The location of a night club will only be favourably considered where it can be demonstrated that the use will have a minimal impact on the amenity of the surrounding district and adjacent areas and that these areas will not be unreasonably compromised.

(b) The character of adjacent residential districts, along the zone interface, shall, where possible, be protected and maintained through the provision of buffer areas, separation distances and / or screening.

(c) Night clubs and taverns shall maintain the character, density and purpose of the surrounding area and the district they lay within.

(6) Shopping centres:

(a) Shopping centres shall have clearly defined pedestrian walkways between the sidewalk and building entrances.

(b) It must be demonstrated to the satisfaction of council that mitigation of vehicular traffic impacts has been addressed.

(c) Parking lots, service areas, and loading zones shall be appropriately screened from view of the street.

(d) Primary access to shopping centres shall be from a collector or arterial street.

(e) The number and location of vehicle entrances to a commercial development shall be consistent with the existing or anticipated design of adjacent streets and consideration shall be given to the minimum number of entrances needed to move traffic onto and off the site safely and efficiently.

(7) Protective services and ambulance stations:

(a) The site shall be accessible from collector and arterial streets to avoid heavy traffic volumes on residential access roads.

(b) Consideration shall be given to the location of entry and exit points of the site and their relationship with existing intersections and adjacent residential units.

(c) The character of adjacent residential uses shall be protected and maintained through the provision of buffer areas, separation distances and screening.

(8) Restaurants, with or without associated lounges:

(a) Restaurants, with or without associated lounges, where possible, should be located near similar commercial facilities.

(b) The character of adjacent residential areas should be protected and maintained through the provision of buffer areas, separation distances and screening as appropriate.


(9) Lumber yards, home improvement centres, building supply establishments and construction yards:

(a) The location of lumber yards, home improvement centres, building supply establishments and construction yards will only be favourably considered where it can be demonstrated that the use and intensity is appropriate to the site and that it will have a minimal impact on the surrounding, adjacent areas. Consideration may be given, but is not limited to, the following effects:


other emissions emanating from the operation; (iii) anticipated increased levels or types of vehicle traffic, unsafe conditions or

situations for vehicles, cyclists or pedestrians; and/or, (iv) utilization of hazardous substances.

(b) All materials and goods used in conjunction with construction trades shall be stored within

an enclosed building, or within an area hidden from view by screening. (10) Auto body shops, freight handling facilities, taxidermy and accessory tanning of hides, warehouses,

light industrial uses, and welding and machine shops:

(a) The location of the use will only be favourably considered where it can be demonstrated that the use and intensity is appropriate to the site and that it will have a minimal impact on the surrounding, adjacent areas. Consideration may be given, but is not limited to, the following effects:



situations for vehicles, cyclists or pedestrians; and, (iv) utilization of hazardous substances.

(b) All materials and goods used in conjunction with construction trades shall be stored within

an enclosed building, or within an area hidden from view by screening.

(c) Warehouses and freight handling facilities shall be accessible from collector or arterial streets to avoid heavy traffic volumes on local streets. Consideration shall be given to the location of entry and exit points to the site and their interrelation with existing intersections or land constraints.

(d) No outside storage is permitted for a wholesale establishment.

(11) Light manufacturing:

(a) All materials and goods used in conjunction with light manufacturing plants shall be stored

within an enclosed building, or within an area hidden from view by screening.

(b) All manufacturing and assembly operations in conjunction with a light manufacturing plant shall be conducted within an enclosed building.


(12) Indoor storage rental facilities, recycling facilities and collection depots:

(a) The use shall be located where practical, in a non-highly visible area, and screened to avoid any adverse visual impact. Landscaping and screening acceptable to Council shall be provided in all yards facing a public roadway or properties in residential use.

(13) Tourist campgrounds:

(a) Wherever possible, and appropriate, any existing trees and mature landscaping shall be retained.

(b) Solid waste storage facilities (including adequate space for both recycling and general waste bins) shall be provided on-site and appropriately located and screened or landscaped to avoid any adverse visual impact from the road and within the development.

(c) There shall be adequate manoeuvring space on-site.

(d) The prevention of on-street congestion caused by the ingress and egress of vehicles shall be considered.

(14) Golf courses:

(a) Consideration will be given to the compatibility of the golf course with future land use

plans and adjacent land uses. (b) Insofar as possible, proposed golf courses shall respond to the natural topography and

drainage of the site, and employ minimal clearing of native vegetation.

(c) Buffers shall be provided to protect existing, adjacent neighbourhoods by mitigating the adverse impacts of sound, visibility and traffic.

(d) Council will consider the following as an asset in the development of a golf course:

(i) maximum use of existing landforms and native grasses and vegetation; (ii) an alternative water source to potable water; and, (iii) water conserving irrigation systems.

(15) Intensive agricultural uses (excluding livestock):

(a) The location of agricultural uses will only be favourably considered where it can be

demonstrated that the use and intensity is appropriate to the site and that it will have a minimal impact on the surrounding, adjacent areas. Consideration may be given, but is not limited to, the following effects:



situations for vehicles, cyclists or pedestrians; and, (iv) utilization of hazardous substances.


(16) Accessory dwelling units:

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

(b) The minimum floor area of each dwelling unit shall be 28 square metres.

(17) Junk and salvage yards and auto wreckers:

(a) Junk and salvage yards and auto wreckers shall be enclosed by an opaque or solid perimeter fence at least 2 metres in height, and not more than 4 metres in height, with no material piled higher than the height of the perimeter fence.

(b) The perimeter fence shall not be located in the required front yard. The required front yard shall be used for no other purpose than landscaping and necessary access driveways to the site.

(18) Agrichemical sales and storage, bulk petroleum sales and storage, bulk fertilizer sales and storage,

and seed cleaning plants:

(a) Shall be located at least 91.4 metres from residential areas, schools, hospitals, motels. 3.11 FEES 3.11.1 Application Fees (1) An applicant for a development permit shall pay an application fee in accordance with the

following:

(a) Permitted principal use: $100.00 (b) Permitted accessory use: $100.00 (c) Permitted ancillary use: $100.00 (d) Discretionary principal use: $200.00 (e) Discretionary accessory use: $200.00 (f) Discretionary ancillary use: $200.00 (g) Permanent sign fee $30.00 for the first $5,000 of construction value plus $5.00 for each additional $1,000 of construction value (h) Portable sign fee – annual $30.00 (i) Portable sign fee – temporary $20.00 (j) Development Appeal Fee: $50.00 These fees shall be in addition to any other required fees.

(2) Detailed review costs:

(a) General: Where a development involves a detailed review, a plan or zoning amendment, a development agreement, a servicing agreement, detailed development conditions, liability


insurance, performance bonds, caveats, or legal and professional planning advice, Council may require the applicant to pay the full cost of the additional application review and administration costs, as Council may determine by resolution.

(b) Items: Such costs may include Council meetings, legal and professional planning costs,

municipal administration fees and site inspection fees, as determined by Council. (c) Documentation: Such costs may be addressed and clarified in a development or servicing

agreement. (3) An applicant seeking amendment to the Zoning Bylaw shall pay the following fees:

(a) The costs of advertising associated with the application; and, (b) The following fees, where applicable:

(i) Text amendments: $200; and/or, (ii) Map amendments:

- Class 1 Districts: CS, FUD, PR - Class 2 Districts: C1, C2, C2A, MU, M - Class 3 Districts: R1, R1A, R2, R3, RMH

Zoning Map Amendments

To Class 1 Class 2 Class 3

From Class 1 $100 $200 $500 Class 2 $100 $200 $300 Class 3 $100 $200 $300

Where an application to amend the Zoning Bylaw involves amendment within two or more of the above classes, the sum of the amendment fees shall apply for all classes, in addition to the fee for a text amendment, if applicable.

3.11.2 Amendment of the Zoning Bylaw (1) In addition to the fees outlined in Section 3.11.2 (3), 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 and the costs associated with providing direct written notice to owners of land that is the subject of the proposed amendment. Council may choose not to proceed with the advertising if it concludes that the proposed amendment is unsuitable or unnecessary.

(2) Council shall give notice of its intention to consider a Zoning Bylaw amendment pursuant to the

provisions of Sections 207 to 211 of The Act. 3.12 ZONING COMPLIANCE, OFFENCES AND PENALTIES (1) Pursuant to Section 242(2) of The Act, the Development Officer may issue a zoning compliance

order for development that contravenes this bylaw in order to achieve bylaw compliance. (2) Any person who violates this bylaw is guilty of an offence and liable upon summary conviction, to


penalties and subject to an order as stated in Section 243 of The Act.


4 GENERAL REGULATIONS 4.1 LICENCES, 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 nor from obtaining any licence, permission, permit, authorization or approval required by such requirements or regulations.

4.2 BUILDING LINES Where a building line in a residential district has been established by existing buildings in a block having at least one half the lots built upon, the front yard requirement for the applicable zoning district will be considered to be the existing building line.

4.3 NUMBER OF PRINCIPAL BUILDINGS PERMITTED ON A SITE Only one principal building shall be placed on a site with the exception of dwelling groups, shopping centres, industrial complexes, recreation facilities, schools, hospitals and public works.

4.4 HEIGHT RESTRICTIONS Any height limitations or regulations shall not apply to the following: (1) Spires, cupolas, television antennas, solar collectors, or other appurtenances usually

required to be placed above the roof level, and not intended for human occupancy. (2) Mechanical penthouses, provided they are erected only to such heights as is necessary, and

provided they do not cover more than 25% of the gross roof area upon which they are located.

4.5 VISIBILITY CLEARANCE AT INTERSECTIONS (SIGHT TRIANGLES)

In any district, nothing shall be erected, placed, planted, or allowed to grow so as to obscure vision at a height of one (1) metre or greater above the elevation of the centre of the abutting street or lane within the triangular area labelled as “Sight Triangle”, with distances measured accordingly, in Figure 2-3 in Section 2 of this Bylaw.

4.6 REQUIRED YARDS AND OPEN SPACE 4.6.1 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.


4.6.2 Permitted Obstructions in Required Yards

The following shall not be considered to be obstructions and shall not be considered in the determination of yard dimensions or site coverage:

(1) In all yards:

(a) steps or ramps of 1.6 metres or less above grade level which are necessary for

access to a permitted building or for access to a site from a street or lane; trees; shrubs; walks; non-covered driveways; fences; trellises; flag poles and wheelchair ramps.

(2) In front yards:

(a) overhanging eaves and gutters projecting not more than 1.0 metre into the required front yard;

(b) lighting fixtures and lamp posts; (c) non-covered raised patios and non-covered decks not more than 0.4 metres above

grade; (d) non-covered raised patios and non-covered decks more than 0.4 metres above

grade, projecting not more than 1.8 metres into the required front yard; (e) canopies or balconies projecting not more than 1.8 metres into the required front

yard; and,

(f) architectural features, chimneys, bay windows, bow windows or other projecting windows, projecting not more than 0.6 metres into the required front yard.

(3) In rear yards:

(a) non-covered raised patios and non-covered decks measuring 0.6 metres in height

above grade or less provided they are located at least 3.0 metres from the rear site line;

(b) non-covered raised patios and non-covered decks measuring more than 0.6 metres

in height above grade, projecting not more than 3.0 metres into the required rear yard;

(c) canopies or balconies projecting not more than 3.0 metres into the required rear

yard; (d) overhanging eaves and gutters, architectural features, chimneys, bay windows,

bow windows or other projecting windows, projecting not more than 1.0 metre into the required rear yard;

(e) laundry drying equipment, recreational equipment, garbage stands and private

swimming pools and tennis courts when open to the sky; and,


(4) In side yards:

(a) non-covered raised patios and non-covered decks measuring 0.6 metres or less in height above grade;

(b) non-covered raised patios and non-covered decks measuring more than 0.6 metres

in height above grade provided they are located at least 0.5 metres from the side site line;

(c) architectural features, eaves, chimneys, bay windows, bow windows or other

projecting windows, projecting not more than 0.5 metres into the required side yard;

(d) laundry drying equipment, recreational equipment, garbage stands and private

swimming pools and tennis courts when open to the sky; and

4.7 BONUS PROVISIONS FOR MULTIPLE UNIT DWELLINGS 4.7.1 A reduction in required parking may be provided for multiple unit dwellings or dwelling groups

operated by a non-profit corporation or public authority and used exclusively for the domestic habitation of senior citizens, disabled persons, occupants of subsidized housing, or the cohabitant spouse and children of persons noted above. The minimum parking requirement shall be determined by Council, however, in no case shall the required parking rate be less than 0.25 spaces per dwelling unit.

4.7.2 In the R1A, R2 and R3 districts, site coverage may be increased to 50% where more than 50% of the required parking is provided underground or enclosed as part of the principal or accessory building.

4.8 FENCES 4.8.1 In any Residential district, no wall, fence or similar structure shall be erected in a front yard or on

a site line adjacent to a front yard to a height of more than 1.0 metres above grade level as illustrated in Figure 4-1.

4.8.2 In any Residential district, no wall, fence, screen or similar structure, excepting permitted

accessory buildings, shall be erected in a required side or rear yard, or on a site line adjacent to a required side or rear yard, to a height of more than 2.0 metres above grade level as illustrated in Figure 4-1.

4.8.3 In any Commercial, Industrial, Community Service, Mixed Use, Parks or FUD district, no wall,

fence or similar structure, excepting permitted accessory buildings, shall be erected to a height of more than 3.0 metres above grade level.

4.8.4 On a corner lot in any district, no hedge planting, tree, wall, fence, or similar structure, not being a

building, shall be erected, placed, planted, or maintained within the Sight Triangle, as described in Figure 2-3 and Section 4.5 of this Bylaw, to a height greater than 1.0 metre as illustrated in Figure


4-1.

Figure 4-1: Fence Requirements 4.9 ACCESSORY BUILDINGS AND STRUCTURES 4.9.1 Accessory buildings shall be subordinate to, and located on the same site as the principal building

or use, and used in conjunction with that principal use. 4.9.2 Time of Construction

Accessory buildings shall not be constructed or placed on any site 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 shall 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 within the effective time period of the development permit for the associated principal building, the accessory building shall be removed.

4.9.3 Height of Accessory Buildings

(1) In any Residential district or on any site where the principal use is residential, accessory buildings are not to exceed the height of the principal building and in no case shall the height of an accessory building exceed 5.0 metres from the floor or grade level to the peak height of the roof.

(2) Except as provided for in Section 4.9.3(1), in all other districts, accessory buildings are not

to exceed the height of the principal building. 4.9.4 Private Garages and Carports

(1) Private garages and carports, attached to the principal building by a substantial roof structure, are considered as part of the principal building and subject to the regulations governing the principal building.


(2) On any site in any Residential district, only one detached garage exceeding 24.5 square metres is allowed.

(3) Notwithstanding Section 4.9.5(1)(c), a detached garage, accessory to a single detached

dwelling, shall not have a floor area exceeding either the floor area of the principal dwelling or 85 square metres, whichever is less.

(4) Notwithstanding Section 4.9.4(2), detached garages or parking structures for multiple unit

dwellings shall have a maximum rear yard coverage of 50%. (5) Except when conforming to established building lines, no main door of a garage which

faces a street shall be within 6.0 metres of the front site line faced by the door. (6) Except when conforming to established building lines, no main door of a garage which

faces a street shall be within 3.0 metres of the side site line faced by the door. 4.9.5 Location, Size, and Number of Accessory Buildings

(1) Detached accessory buildings in all Residential districts are subject to the following regulations:

(a) There shall be no more than three accessory buildings on a site.

(b) Accessory buildings are not to be located in any front yard.

(c) The cumulative floor area of all accessory buildings on a site shall not exceed the

floor area of the principal building, not including the area of any attached garage.

(d) Accessory buildings shall be located behind the front line of the principal building.

(e) Except as provided for in Section 4.9.4 (4), accessory buildings shall have a minimum side yard setback of 0.6 metres on one side yard and a minimum of 1.2 metres on the opposite side yard where the accessory building is over 1.8 metres behind the rear wall of the principal building, otherwise a minimum of 1.2 metres on both sides.

(3) Detached accessory buildings in all zoning districts, except Residential districts, are subject

to the following regulations:

(a) Detached accessory buildings are not to be located in any required front yard.

(b) Accessory buildings shall have a minimum rear yard setback of 0.6 metres, except where the main door faces the rear site line, wherein the minimum shall be 1.2 metres. In no case shall any door, when opened or being opened, extend beyond the rear property line.

(c) Accessory buildings shall have a minimum side yard setback of 0.6 metres where

the accessory building is over 1.8 metres behind the rear wall of the principal building, otherwise 1.2 metres.

(e) Detached accessory buildings shall be located at least 1.0 metre from the principal


building. 4.9.6 Satellite Dishes, Solar Collectors and Wind Generators

The installation and operation of a free standing satellite dish, solar collector, wind charger, and their supporting structures shall be permitted in all zoning districts subject to the following:

(1) In any Commercial, Community Service or Residential district, such structures shall not

be located in any required front yard or side yard, and in the case of a corner site, in any portion of the rear yard which is within 3.0 metres of the side property line adjacent to a flanking street unless it is screened from the flanking street to the satisfaction of the Development Officer.

(2) In any Commercial, Community Service or Residential district, such structures, if

freestanding, shall not exceed a height of 5.0 metres above grade level.

(3) In any Commercial, Community Service or Residential district, such structures if attached to a principal building, shall not exceed a height of 5.0 metres above the lowest elevation of: roof surface of a flat roof; the decking of a mansard roof; and the eaves of a gable, hip or gambrel roof.

(4) In any Commercial, Community Service or Residential district, such structures, if

attached to or erected upon an accessory building, shall not exceed the maximum permitted height of the accessory building upon which such structure is attached or erected.

4.9.7 Accessory Fabric Covered Structures

(1) Fabric covered structures shall be prohibited as an accessory structure in all Residential districts.

(2) Fabric covered structures shall be permitted as an accessory structure only in the C2, C2A and M districts.

(3) Notwithstanding subsections (1) and (2), fabric covered structures may be placed in any district for use as a public recreation facility, public school or education facility.

(4) Development applications for fabric covered structures must include a drawing stamped

by a Professional Engineer to ensure the structure will meet the requirements of the National Building Code.

4.9.8 Shipping Containers

(1) Shipping containers shall be prohibited in all districts except the C2, C2A and M districts. (2) Shipping containers shall only be used for shipping or storage purposes accessory to the

principal use of the site and shall comply with the site requirements for accessory buildings for the applicable zoning district.

(3) Shipping containers shall:

(a) be properly anchored and maintained in good repair;


(b) be sandblasted and repainted to a neutral colour prior to their placement, above

grade, on a site; (c) be located a minimum of 3.0 metres from, and behind the rear wall of, the principal

building; and (d) meet the requirements of the National Building code as applicable.

(4) The cumulative maximum floor area of shipping containers, to a total maximum of six containers, shall not exceed more than 50% of the gross floor area of the principal structure except in the case of approved development permits for Transfer Yards utilizing shipping containers.

(5) Notwithstanding subsection (4), shipping containers located on any site along Centennial

Drive shall be appropriately screened from the general public in the vicinity and no more than one shipping container shall be permitted per site along Centennial Drive.

(6) Shipping containers shall be located in the side or rear yard only. They shall not project

beyond the building front line of the primary building. (7) Shipping containers shall be kept clean, level, maintained, and placed in an orderly manner.

Application for a development permit for shipping containers must occur prior to relocation to the site and must include photos of the shipping container.

(8) Shipping containers shall be prohibited for use as human habitation. (9) Shipping containers shall not block, obstruct, or reduce exits, windows, parking spaces, or

driveways. (10) Shipping containers shall not be used for the purpose of screening or fencing. (11) Shipping containers are prohibited from being plumbed in any manner. (12) Shipping containers shall not be stacked on top of one another. (13) Notwithstanding subsection (1), shipping containers may be temporarily placed on a site

in any district:

(a) during active construction on a site where the shipping container is used solely for the storage of supplies and equipment that are used for construction operations on site, provided that a valid building permit has been issued for construction, and provided that the shipping container is removed from the site upon completion of construction; or,

(b) for the purpose of loading and unloading of items associated with the principal use

for a period of not more than 10 days in any six month period. The Development Officer may grant one extension of up to 10 days for large-scale projects.

(14) When placed on a site pursuant to subsection (13), the shipping containers shall:


(a) be located so as not to create a safety hazard;

(b) not be placed on a public right-of-way or dedicated lands; and

(c) not be located within 1.2 metres of the interior edge of a sidewalk.

4.9.9 Boarding Kennels (1) Boarding kennels shall be permitted as an accessory use only in the C2 and M districts.

4.10 OFF-STREET PARKING AND LOADING 4.10.1 Parking and Loading Spaces Required With Development

(1) No person shall erect, enlarge, or extend any building or structure permitted under this Bylaw, unless the required parking and loading spaces are provided and maintained in connection with the new, enlarged, or altered building or structure.

(2) When the intensity of use of any building, structure, or premises is increased through the

addition of dwelling units, floor area, seating capacity, or other specified units of measurement for required parking and loading facilities, parking and loading facilities as required in this Bylaw shall be provided for any increase in intensity of use.

(3) Wherever the existing use of a building or structure is changed to a new use, parking and

loading facilities shall be provided as required for the new use; however, if the building or structure was erected prior to the effective date of this Bylaw, additional parking and loading facilities are mandatory only in the amount by which the requirements for the new use exceed the requirements for the existing use.

(4) All required parking and loading facilities shall be clearly demarcated, have adequate storm

water drainage, and shall be hard surfaced. Hard surfacing shall mean the provision of a durable, dust free material constructed of concrete, asphalt or similar pavement capable of withstanding expected vehicle loads.

(5) Notwithstanding subsection (4), required parking for single detached dwellings may be

gravel surfaced. (6) Continuous raised or pre-cast curbing, of not less than 150 mm in height, shall be provided

adjacent to streets and required landscaped areas. Concrete curb stops shall be placed to ensure that vehicles do not overhang boulevards, sidewalks, or required landscaped areas. Curbing shall also be required to clearly demarcate the required portion of a driveway leading to an internal roadway, aisle, ramp, parking space or loading space.

(7) All required parking facilities shall be located on the same site as the principal building or

use, with the exception of lands within the C1, C2, or C2A districts, where required parking spaces may be located on a remote site. In these districts, remote parking may be approved where the remote site is within 150 metres of the principal building or use and where the remote site is located within a Commercial or Industrial district.


(8) Pursuant to subsection (4), remote parking within the C1, C2, or C2A districts is permitted

provided the owner of the principal use site registers an interest on the parking lot title to ensure than the land remains as a required parking lot in accordance with Section 235 of The Act.

(9) When the calculation of parking requirements results in a fractional required parking space,

this fractional requirement shall be rounded to the next whole number. (10) Wheelchair accessible parking must be provided for as required by the Uniform Building

and Accessibility Standards Act and shall be provided for in addition to off-street parking required by this Bylaw.

4.10.2 Payment in Lieu of Required Off-street Parking Facilities

(1) Council may exempt any applicant for a use permitted in the C1, C2, and C2A districts from the requirement of providing off-street parking facilities where, in lieu thereof, the applicant pays or agrees to pay Council the sum of money calculated by multiplying the number of off-street parking spaces that would be required by $5,000.

(2) Council may exempt any applicant from the requirement of providing off-street visitor

parking facilities for multiple unit dwellings of four units or less in the R3 district where, in lieu thereof, the applicant pays or agrees to pay Council the sum of money calculated by multiplying the number of off-street parking spaces that would be required by $5,000.

(3) The payment of or agreement to pay such sums of money shall be subject to such terms

and conditions as Council may determine. 4.10.3 General Regulations for Off-street Parking and Loading

(1) All required parking and loading facilities shall only be used for the purpose of accommodating the vehicles of clients, customers, employees, members, residents or visitors in connection with the principal building or use for which the parking and loading facilities are provided, and the parking and loading facilities shall not be used for driveways, access/egress, commercial repair work or long-term display, signage, sale or storage of goods of any kind.

(2) No portable sign shall be parked in any space required for off-street parking unless the site

contains more parking spaces than required by this Bylaw.

(3) Required parking and loading facilities shall provide for and include an adequate, safe and convenient arrangement of vehicular points of ingress or egress, driveways, internal roadways, aisles and ramps, unloading and loading of motor vehicles all in relation to buildings and entry points to buildings on the site. Such facilities shall comply with the following design, development and maintenance standards:

(a) All required parking and loading facilities shall be clearly demarcated and have

adequate storm water drainage and storage facilities.

(b) All non-required parking and loading facilities shall be appropriately surfaced by


gravel, asphalt, concrete or other similar material.

(c) Where warranted, on-site traffic signs shall be provided.

(d) In situations where lighting of off-street parking and loading facilities is to be provided, the lighting shall be arranged, installed and maintained to deflect, shade and focus light away from any adjacent land used or intended to be used for residential purposes.

(e) All required parking and loading spaces shall be clear of any access driveways,

aisles, ramps, columns, signs or other similar obstructions, and shall conform to the minimum dimensions set out in Table 4-1.

Table 4-1: Parking and Loading Space Dimension Requirements

Type of Space Minimum Dimension Minimum Vertical Clearance Parking spaces having direct access to a registered lane

2.7 metres x 6.7 metres 2.0 metres

Parallel parking spaces 3.0 metres x 6.7 metres 2.0 metres Parking spaces other than those described above 2.7 metres x 6.0 metres 2.0 metres

Loading space 3.0 metres by 7.5 metres 4.0 metres

(f) All required parking and loading spaces shall, without excessive vehicular manoeuvring, have direct access to a driveway, aisle or registered lane leading to a public street. Driveways and aisles which provide access to parking or loading spaces shall conform to the following minimum dimensions:

Parking Angle in Degrees Width of Aisle or Driveway 75 to 90 6.0 metres (two-way traffic) 50 to 74 5.5 metres (two-way traffic) 49 or less 3.7 metres (one-way traffic only)

For the purpose of the above minimum dimensions, angles shall be measured between the centre line of the parking or loading space and the centre line of the driveway or aisle.

(g) All entrances to and exits from a required parking facility shall be designed in such

a manner to minimize traffic congestion and interference with traffic movement along public streets.

(h) Driveways leading to a public street or public right-of-way or to an internal private

roadway, aisle, ramp or parking space shall be of sufficient length and width to accommodate expected vehicle volumes and therefore minimize traffic congestion and interference of traffic movement within the required parking facility and along public streets. The length, width and slope of such driveways shall be based upon accepted engineering roadway design principles.


(i) For multiple unit dwellings, all parking spaces shall be suitably screened from view from adjacent streets, and all required visitor parking spaces shall be clearly marked or signed as such.

4.10.4 Required Off-street Parking and Loading in All Districts

(1) The minimum off-street parking requirements for all districts are set out in Table 4-2. The required off-street parking categories are then cross-referenced by use in the District Development Standards tables throughout Section 6 of this Bylaw.

(2) In all Residential and Mixed Use districts and for any residential uses in any other zoning

district, required off-street parking shall not be located in any required front yard except where otherwise permitted.

(3) In all districts, all required driveways, aisles, ramps and required parking and loading

spaces must be hard-surface paved. (4) Notwithstanding Section 4.10.4(3) in the M District, the following requirements shall

apply:

(a) Where a City street abutting the development site is asphalt paved, all required driveways, aisles, ramps and required parking and loading spaces must be hard-surface paved.

(b) Where a City street abutting the development site is not asphalt paved at the time

of development, the developer or property owner is required to provide hard surfacing for all driveways, aisles, ramps and required parking areas and loading spaces within the development site within one year that the street abutting the site is paved. The required parking allotment and design will be in accordance with the requirements of the zoning regulations in effect on the day the street is paved.

(b) Where a proposed development of a property is subject to subsection (b) above, an

agreement must be entered into by the property owner for the paving of the site as per the regulations of this Bylaw for parking lot development prior to issuance of a development permit.


Table 4-2: Off-Street Parking Requirements in All Districts

Parking Category Off-Street Parking Spaces Required

0 No off-street parking required

1 1 space per dwelling unit

2 1 space per dwelling unit plus 0.1 space per dwelling unit for visitors

3 1 space plus 1 space for each guest room

4 1 space per 50 m2 of gross floor area


6 1 space per 4 beds plus 1 space per employee

7 3 spaces per 10 seats in main assembly area (or (where no fixed seating is provided) 1 space per 2.5 m2 of gross floor area devoted to main assembly area.

8 1 space per 4 seats intended for patrons use

9 1 space per 2 guest rooms plus 1 space per 15m2 of gross floor area devoted to the public assembly plus the applicable parking requirements for any other use contained on the site.

10 1 space per 50 m2 of gross floor area, or 1 space per 3 employees, whichever is greater.


12 1 space plus one space per 5 persons enrolled in the facility

13 1 space for 8 patrons at design capacity

14 1 space plus 1 additional space for every 10 persons enrolled in the facility per day

15 1 space per 10 seats in main assembly are or (where no fixed seating is provided) 1 space per 7.5 m2 of gross floor area devoted to main assembly area

16 1 space per non-resident employee

17 1 space per staff member

18 1 space per staff member plus 3 spaces for each classroom, with parking permitted in a front, side and/or rear yard

19 1 space per bay

20 1.2 spaces per classroom plus 1 space per 8 students at design capacity

21 1 space per 50 m2 of gross floor area, excluding garage area

22 1 space per 50 m2 of gross floor area or, for primarily outdoor recreational uses, 1 space per 8 patrons at design capacity

4.10.5 Passenger Drop-off and Loading Spaces for Elementary and High Schools

(1) Public and private elementary and high schools shall provide passenger drop-off spaces in conjunction with the development of new schools or in conjunction with any addition with a design capacity of seventy-five (75) or more students to an existing school.

(2) For the purposes of this section, “passenger drop-off space” means a full size parking space

located on school property or a full size parking space approved by the Development Officer located on school property and accessed by a service road, which has at least two (2) access points.


(3) Required on-site parking spaces shall not be used to satisfy the requirements for the

provision of passenger drop-off spaces.

(4) For elementary schools, passenger drop-off spaces shall be provided at the rate of at least eight spaces for the first one hundred (100) students and at least two spaces for each additional one hundred (100) students.

(5) For high schools, passenger drop-off spaces shall be provided at the rate of at least eight

spaces for the first one hundred (100) students, and at least one space for each additional one hundred (100) students.

(6) Passenger drop-off spaces shall be located:

(a) within 50 metres of a school entrance; (b) at least 3.0 metres from a driveway or marked cross-walk; and

(c) at least 15 metres from any intersection.

(7) The Development Officer may reduce the number of required passenger drop-off spaces

for additions to existing schools where there are demonstrated site constraints, which limit the number and location of spaces that may be provided.

4.11 SIGNS All signs shall be subject to the following regulations: 4.11.1 General

(1) In addition to signs permitted as set out below, temporary election signs, and temporary signs bearing notice of sale or lease or other information relating to a temporary condition affecting the property, are permitted.

(2) Signs shall not be located in sight triangles for intersections or driveways or in such a

manner that they visually obstruct sight triangles or otherwise jeopardize public safety, subject to Section 4.5 of this Bylaw.

(3) Except when otherwise provided, no sign shall project beyond the property lines of the site

to which it pertains.

(4) Subject to the general provisions governing their location, directional signs providing on-site directions for the convenience and safety of persons using the site shall be permitted.

(5) Permitted home based businesses may display one fascia sign, not exceeding 0.4 m2 in

area, identifying the name of the home based business. Such sign shall not be illuminated and shall be affixed to the principal building.

(6) Signs may not be erected or maintained upon trees or painted or drawn upon natural

features.


(7) Neighbourhood identification signs are allowed in all Residential districts and shall

comply with Section 4.11.9 of this Bylaw. 4.11.2 Application for Permits

(1) Applications for sign permits must be made in writing to the Development Officer by the owner, lessee or authorized agent of the building or premises on which the sign is to be erected. The written application shall be accompanied by plans, specifications, construction details and other information sufficient to inform the Development Officer of the exact nature and location of the intended sign.

(2) Prior to issuing a sign permit for a free standing, projecting or roof sign, the Development

Officer may require that the supplementary documentation described in subsection (1) above, contain the professional stamp of a certified professional engineer qualified to certify that the sign design satisfies all relevant legislation, codes and bylaws.

4.11.3 Licensing of Portable Signs

(1) Portable signs intended for rental or lease at more than one site during a one-year period, or located at more than one site during a one-year period, must be licensed.

(2) The annual license shall be in the form of a license sticker which must be affixed anywhere

on the top one-third of the sign on the end or face closest to the street. (3) A license sticker is not transferable from one portable sign to another. 4.11.4 Denying or Revoking Permits

(1) The Development Officer may deny or revoke a sign permit for any of the following reasons:

(a) erection of the sign has not commenced within three months from the date of issue

of the permit; (b) the sign does not conform to all relevant provisions of this Bylaw; (c) the sign being constructed or erected does not conform to the approved drawings;

and/or, (d) the sign is not in a proper state of repair.

4.11.5 On any site in any Residential, Future Urban Development, or Parks district, signs may be erected as follows:

(1) Sign provisions applying to permitted principal residential uses, commercial uses and

community service uses in any Residential, Future Urban Development, or Parks district are set out in Table 4-3. The following provisions also apply: (a) No roof signs shall be permitted;


(b) Illuminated signs shall have a steady internal light source or a steady external light source shielded so that the light is directed only at the face of the sign;

(c) Signs applying to community service uses must not display advertising of any

commercial service or product.

Table 4-3: Sign Regulations in Residential, FUD and Parks Districts

Use Max. # of Signs

Max. Total Sign Face Area (m2)

Max # of Freestanding

Signs

Max. Height of

Freestanding Signs (m)

Max Sign Face Area for

Freestanding Signs (m2)

Per Face Total

All principal residential uses for which a permit has been issued 1 (1) 0.4 (1) 1(1) 2(1) 1 2

All principal commercial uses for which a permit has been issued 2 6 1 2.5 2 4

All principal community service uses for which a permit has been issued 2 10 1 3 2.5 5

(1) Multiple unit dwellings and dwelling groups are permitted one additional sign, up to 1.5 m2 area, showing the name of the building or group.

4.11.6 On any site in any Community Service or Mixed Use district, signs may be erected as follows:

(1) Sign provisions applying to permitted principal community service uses, residential uses, and commercial uses in the Community Service or Mixed Use districts are set out in Table 4-4. The following provisions also apply: (a) No roof signs shall be permitted; (b) Illuminated signs shall have a steady internal light source or a steady external light

source shielded so that the light is directed only at the face of the sign; (c) Signs applying to community service uses must not display advertising of any

commercial service or product.


Table 4-4: Sign Regulations in Community Service and Mixed Use Districts

Use Max. # of Signs



Signs

Max. Height of

Freestanding Signs (m)



Per Face Total

All principal residential uses for which a permit has been issued 1 (1) 0.4 (1) 1(1) 2(1) 1 2

All principal commercial uses for which a permit has been issued 2 18 1 6 6 12

All principal community service uses for which a permit has been issued 3 18 1 3 6 12

(1) Multiple unit dwellings and dwelling groups are permitted one additional sign, up to 1.5 m2 area, showing the name of the building or group.

4.11.7 On any site in any Commercial or Industrial district, signs may be erected as follows:

(1) Sign provisions applying to permitted principal commercial/industrial uses, community

service uses and residential uses in Commercial and Industrial districts are set out in Table 4-5. The following provisions also apply:

(a) Illuminated signs applying to commercial/industrial or community service uses

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;

(b) A free standing sign applying to a commercial/industrial use may be located in a

required yard provided that the Development Officer is satisfied that it does not create an obstruction to vehicle or pedestrian traffic or a hazard to public safety;

(c) Free standing signs shall maintain a minimum vertical clearance of 3.0 m above

grade over any vehicle circulation area on the site;

(d) Signs other than free standing signs shall have a minimum vertical clearance of 2.7 m above grade where they project more than 75 mm from the building face;

(e) Awning signs shall not project more than 1.8 m from the building face;

(f) Projecting signs shall not project more than 1.8 m above the eaves or parapet of a

supporting building; (g) Electronic message centre signs are permitted in the C2, and C2A districts subject

to compliance with the following requirements: (i) Electronic message centre signs shall comply with all requirements

contained herein; (ii) Electronic message centre signs shall be equipped with a dimmer switch,

which must be adjusted in accordance with any direction given by the Development Officer.

(iii) Flashing images or flashing lights are not permitted on electronic message centre signs.


(iv) Sound, live video feeds, or video clips exceeding 10 seconds in length are not permitted on an electronic message centre sign.

(v) Electronic message centre signs shall be located at least 50 metres from any residential property line.

(h) Signs applying to community service uses must not display advertising of any

commercial service or product;

(i) Except in the C1 district, no sign shall project beyond the property lines of the site to which it pertains;

(i) In the C1 district, no projecting sign may project perpendicularly from the

property line more than 3.0 m or beyond a point 0.6 m from the building side of the curb line, whichever is less;

(ii) In the C1 district, no projecting sign may be suspended less than 2.6 m

above the surface of a public sidewalk or pedestrian right-of-way;

(j) Roof signs are permitted only on a principal building on any site and only one roof sign shall be permitted on each principal building; and,

(k) No portion of any roof sign may project beyond any exterior wall or parapet of the

building upon which it is placed.

Table 4-5: Sign Regulations in Commercial and Industrial Districts

Use Max. #

of Signs



Signs

Max. Height of Freestanding

Signs (m)



Per Face Total

All principal commercial / industrial uses for which a permit has been issued

n/a n/a (1) (2) (3) (3)

All principal community service uses for which a permit has been issued

3 18 1 3 6 12

All principal residential uses for which a permit has been issued 1 (4) 0.4 (4) 0 n/a n/a n/a

(1) In the C1 district, a maximum of one free standing sign shall be permitted on sites with a minimum site width

of 20 metres. In the C2, C2A, and M districts, a maximum of one free standing sign shall be permitted.

For sites with a minimum site area of 3.2 hectares, one additional free standing sign shall be permitted.

(2) In the C1 district: 6 m In the C2, C2A, and M districts: 10 m (3) In the C1 district: maximum 5 m2 sign face area and 10 m2 total sign face area.

In the C2, C2A, and M districts: maximum 9 m2 sign face area and 18 m2 total sign face area. For sites with a minimum site area of 3.2 hectares, the additional free standing sign may have a maximum of


25 m2 sign face area and 50 m2 total sign face area.

(4) Multiple unit dwellings and dwelling groups are permitted one additional sign, up to one (1) square metre, showing the name of the building or group.

4.11.8 Portable Sign Regulations

(1) No portable sign shall have a single face area greater than 6.0 m2 or a gross face area greater than 12 m2.

(2) No portable sign shall have a height greater than 3.0 m above grade. (3) No portable sign shall occupy any space required for off-street parking unless the site

contains off-street parking in excess of that required under this Bylaw. (4) On any single site, no portable sign may be located closer than 20 m to any other portable

sign.

4.11.9 Neighbourhood Identification Sign Regulations

(1) Neighbourhood identification signs shall have:

(a) a maximum single face area of 6 m2; (b) a maximum total sign face area of 12 m2; (c) a maximum height above grade of 3 m; (d) no less than 40% of any sign face area devoted to the neighbourhood theme.

(2) Neighbourhood identification signs may be illuminated by non-flashing, indirect illumination

only. 4.12 SPECIAL REGULATIONS AND STANDARDS This section addresses special provisions and specific development standards that apply to the following developments. These standards apply in addition to any standards of the district. 4.12.1 Above-Ground Fuel Storage Tanks

(1) Above-ground fuel storage tanks which meet the standards of the National Fire Code 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.

(2) The total storage capacity for above-ground fuel storage tanks on any single service station

or gas bar shall not exceed the regulations and requirements set out by the National Fire Code.

(3) Above-ground fuel storage tanks shall be:

(a) located at least 3 metres from any property line or building, unless the tank has a


capacity of 5,000 litres or less, in which case it shall be located at least 1 metre from same;

(b) located at least 6 metres from any property line or building in the case of a tank

used in association with a service station or gas bar;

(c) separated from each other and be accessible for firefighting purposes to the satisfaction of the Development Officer; and,

(d) located at least 15 metres from the boundary of any site where the principal use is

residential.

(4) The dispensing equipment associated with above-ground fuel storage tanks shall be located at least 3 metres from any property line or 6 metres from any property line in the case of a service station or gas bar, at least 7.5 metres from any open flame or other ignition source, and at least 4.5 metres from any door or window.

(5) Above-ground fuel storage tanks shall be protected from vehicles with suitable posts,

bollards, guardrails or other similar means.

(6) 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.

(7) 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.

(8) 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.

4.12.2 Bed and Breakfast Homes

(1) A bed and breakfast home may be located in a detached one unit dwelling or in a two-unit dwelling. No exterior alterations shall be undertaken which would be inconsistent with the residential character of the building, property, or streetscape.

(2) Where otherwise permitted, required parking spaces may be located in a front yard.

(3) Section 3.10 of this Bylaw shall apply to the review and approval of bed and breakfast

homes that are listed as discretionary uses.

(4) The operator of the bed and breakfast lodging may advertise with a small, static sign subject to Section 4.10.

4.12.3 Adult Day Care Facilities, Custodial Care Facilities, Residential Care Homes and Personal Care

Homes

(1) Adult day care facilities, custodial care facilities, residential care homes, and personal care homes may be approved as an ancillary use or as a principal use.

(2) In any Residential district, no exterior alterations shall be undertaken to a dwelling or


former dwelling which would be inconsistent with the residential character of the building, property, or streetscape.

(3) Required parking spaces shall not be located in a required front yard.

(4) No building or structure used for the purpose of a custodial care facility or a residential care facility shall also be used for the purpose of keeping boarders or lodgers.

4.12.4 Day Care Centres and Pre-Schools

(1) Day care centres and pre-schools may be approved as an ancillary 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, property, or streetscape.

(2) Required parking spaces shall not be located in a required front yard.

(3) In addition to the development standards contained within the zoning district, Section 3.10 of this Bylaw shall apply to the review and approval of day care centres and pre-schools that are listed as discretionary uses.

(4) On-site passenger drop-off spaces shall be provided where a day care centre or pre-school

does not have an on-street parking capacity to serve as a drop-off area without severely impeding traffic flow.

(5) Parking spaces required pursuant to Section 4.9 shall not be used to satisfy any drop-off

space required by subsection (4) above. (6) Drop-off spaces shall comply with Table 4-6 below.

Table 4-6: Regulations for Drop-off Spaces for Day Care Centres and Pre-Schools

Capacity of day care centre / pre-school Number of drop-off spaces required

10 to 15 children 2

16 to 30 children 3

31 to 45 children 4

46 to 60 children 5

60+ children 5 + 1 per additional 15 children (e.g. 5 for 74 children; 6 for 75 children)

(7) All drop-off spaces shall be reserved and clearly marked for passenger drop-off.


4.12.5 Elementary and High Schools

The following requirements shall apply to the construction of new public and private elementary and high schools or to any addition to an existing school: (1) Traffic Safety

(a) Prior to the issuance of a Development Permit, the applicant shall submit a Traffic

Impact Study which appropriately addresses the following:

(i) Roadway capacity and intersection capacity within the area impacted by the school including background neighbourhood traffic.

(ii) Intersection control and turning lane warrants at every intersection in the

study area including access points to the school site. (iii) Walking and cycling routes to the school site including the location and

appropriate design of pedestrian and bicycle crossings to a minimum of 1 km or as directed by the City of Martensville.

(iv) The safe and appropriate provision and design of on-site parking, vehicle

and bus drop-off spaces, and lay-by zones. (2) Passenger Drop-off Spaces

(a) Public and private elementary and high schools shall provide passenger drop-off

spaces in conjunction with the development of new schools or in conjunction with any addition to an existing school.

(b) For the purposes of this section, “passenger drop-off space” means a full size

parking space located on school property or if approved by the City, a full size parking space located on property within the roadway right-of-way provided the drop off area is separated from regular street traffic by a concrete median. In the case of schools which front on to a collector or arterial street, passenger drop-off spaces shall be located on school property and accessed by a service road or driveway.

(c) Passenger drop-off spaces shall be provided at the rate of at least eight spaces for

the first 100 students, and at least one space for each additional 100 students. The City may reduce the number of required passenger drop-off spaces where there are demonstrated site constraints which limit the number and location of spaces that can be provided on site and where it can be demonstrated that any drop-off spaces provided off site will be safe and adequate.

(d) Where the calculation of drop-off spaces results in a fractional number, the number

of required spaces shall be rounded off to the nearest whole number. (e) Required on-site parking spaces shall not be used to satisfy the requirements for

the provision of passenger drop-off spaces. (f) All drop-off spaces shall be reserved and clearly marked for passenger drop-off.


(g) Subject to the Traffic Impact Study, passenger drop-off spaces shall be located:

(i) within 50 metres of a school entrance; (ii) at least 3.0 metres from a driveway or marked crosswalk; and (iii) at least 15 metres from any intersection.

(h) Passenger Drop-off Spaces shall be oriented parallel to the flow of traffic to

accommodate through-movement of vehicles and to eliminate the need for backing or significant turning movements.

(i) The Development Officer may reduce the number of required passenger drop-off

spaces for additions to existing schools where there are demonstrated site constraints, which limit the number and location of spaces that may be provided and where it can be demonstrated that any drop-off spaces provide off site will be safe and adequate as per the traffic impact study findings.

(3) Site Development

(a) School sites shall have clearly defined pedestrian walkways between the sidewalk

and building entrances. In order to direct the movement of students to safe pedestrian crossings and separated from vehicular dominated areas, school site designs shall include distinguishing features (including but not limited to fencing, landscaping, etc.) between all pedestrian/play areas and vehicular areas. This would include but not be limited to parking lots, frontage or flanking streets, and drop off areas. If fencing is used, it must be a minimum of 1.2m in height, non-climbable and consistent with the principals of Crime Prevention Through Environmental Design. If landscaping features are used to meet these criteria, the minimum plantings must be in conformity to the Commercial and Dedicated Lands Landscaping Policy 79-2011.

(b) School sites shall be appropriately landscaped in a manner consistent with the

requirements contained in this Bylaw. (c) Adequate bicycle parking facilities shall be provided on-site.

(4) Garbage and Waste Material Storage

(a) Garbage and waste material storage shall be provided on site in a location which

is safe and appropriately separated from pedestrian crossings and student play areas.

(b) Garbage and waste material storage shall be visually screened by a solid wall or

fence at least 1.8 metres in height which shall be designed in a manner to be inaccessible to students.


4.12.6 Home Based Businesses

(1) All applications for home based businesses must be considered as Type I or Type II. The development standards for Type I and Type II home based businesses are contained in Sections 4.12.5 and 4.12.6, respectively.

(a) Every application for a home based business shall be accompanied by the

following:

(i) the names, addresses and telephone numbers of the applicant and property owner;

(ii) the proposed use of the site or building; (iii) the complete legal description and civic address of the subject property; (iv) a site plan, drawn to scale with appropriate dimensions, showing the

following information:

(1) north arrow, streets and lanes adjacent to the site, all property boundaries, location of any existing or proposed buildings or structures, and front, rear, and side yard setback dimensions;

(2) the location and size of all proposed and existing parking spaces; (3) the location of proposed signage;

(v) a scaled floor plan identifying details of all business related areas including

business storage areas within the principal and accessory buildings; (vi) if the proposed home based business is to be located within a

condominium, a letter from the condominium board must be provided to the City stating the proposed business will not contravene condominium bylaws.

(2) Without limiting the authority of the Development Officer to approve other types of home

based business applications, the following uses are specifically permitted as home based businesses, subject to the applicable development standards within Sections 4.12.6(5) and 4.11.6(6):

(a) art restoration; (b) beauty parlours, barber shops; (c) the creation of crafts for sale off-site, such as novelties and souvenirs, corsage and

flower arrangements, gift baskets, and other handicrafts including but not limited to ceramics, pottery, leather goods and jewellery;

(d) dressmaker, seamstress, or tailor; (e) electrology, acupuncture, reflexology, and massage therapy; (f) the instruction of art, dancing, or music, limited to no more than three students at

a time; (g) office of a professional, or one who offers skilled services to clients and is not

engaged in the sale of goods or products to clients; (h) photography studios; (i) typing, word processing, and computer programming services.


(3) Without limiting the authority of the Development Officer to approve other types of home

based business applications, the following uses are specifically at Council’s discretion as home based businesses, subject to the applicable development standards contained within Sections 4.12.6(5) and 4.12.6(6):

(a) pet grooming establishments for small animals with the confinement of animals

restricted to indoors, but not including kennels for overnight boarding;

(4) Without limiting the authority of the Development Officer to deny applications for other types of home based businesses which do not meet the requirements of this Bylaw, the following uses are prohibited as home based businesses, whether or not applications for such uses would otherwise comply with the applicable standards of this Bylaw: (a) businesses utilizing large power tools and machinery, or businesses involved in the

mass production of similar items or products; (b) restaurants, drinking establishments or tea rooms; (c) health or fitness clubs; (d) base of operations of a taxi, trucking, delivery, or towing operation; (e) hotels and hospitals; (f) laundry services; (g) motion picture cinemas or studios; (h) the painting, repairing, refitting, cleaning, refurbishing, or selling of motor vehicles

or machinery; (i) rental services; (j) upholstery services; (k) the sale, storage, or service of firearms, fireworks, or ammunition; (l) veterinary services, boarding or care of animals; (m) welding or metal works; (n) any use that creates noise, vibration, smoke, dust, odour, air pollution, heat, glare,

bright light, hazardous or unacceptable waste, or electrical, television, or radio interference detectable by sensory perception or by scientific instruments at or beyond the boundaries of the building or beyond the unit walls within a multiple unit dwelling.

(5) The following development standards shall apply to all Type I home based businesses:

(a) No persons other than residents of the dwelling shall be employed in the home

based businesses on the site. (b) Home based businesses shall be conducted entirely indoors, and no more than 20%

of the gross floor area of the dwelling, including the area of the basement and any attached garage, up to a maximum of 30 m2, may be occupied by home based businesses.

(c) An attached garage or detached accessory building may be occupied by a home

based business, provided that the total area devoted to home based businesses does not exceed 30 m2 on the site, and that no required parking spaces associated with the principal use are occupied by home based businesses.

(d) There shall be no exterior storage on the site in relation to the home based business,


and no exterior alterations shall be permitted that are not consistent with the residential character of the buildings and property.

(e) No noise, vibration, smoke, dust, odours, heat, glare, electrical, television or radio

interference detectable beyond the boundaries of the building containing the home based business shall be produced.

(f) No more than one business related vehicle and one business related trailer, each

with a gross vehicle weight of no more than 5,000 kg and a total length of no more than 6.0 metres, may be stored on or in the vicinity of the site.

(g) Regardless of the number of home based businesses that may be located on any

one site, a total of no more than seven (7) client or business related visits per day shall be made to home based businesses on any one site, and no deliveries of merchandise, goods or equipment shall be made to the businesses by a vehicle with a gross vehicle weight of more than 5,000 kg, or by a vehicle with a total length of more than 6.0 metres.

(h) A total of no more than 2.0 cubic metres of storage may be permitted within a

dwelling on any one site, and a total of no more than 4.0 cubic metres of storage may be permitted within an attached or detached accessory building in relation to home based businesses. No storage of hazardous, explosive or flammable materials shall be permitted in relation to a home based business.

(i) An approved home based business may serve as the administrative headquarters

for up to two associates or partners who may be permitted to work from their own dwelling provided they obtain a separate home based business approval, and that they are present at the administrative headquarters no more than two hours in any one week period.

(6) The following development standards shall apply to all Type II home based businesses:

(a) In accordance with the definition of a Type II home based business, no more than

one non-resident person shall be employed in relation to home based businesses on any one site.

(b) Home based businesses shall be conducted entirely indoors, and no more than 20%

of the gross floor area of the dwelling, including the area of the basement and any attached garage, up to a maximum of 40 m2, may be occupied by home based businesses.

(c) An attached garage or detached accessory building may be occupied by home

based businesses, provided that the total area devoted to home based businesses does not exceed 58 m2 on the site, and that no required parking spaces associated with the principal use are occupied by home based businesses.

(d) There shall be no exterior storage on the site in relation to the home based business,

and no exterior alterations shall be permitted that are not consistent with the residential character of the building and property.

(e) No noise, vibration, smoke, dust, odours, heat, glare, electrical, television or radio


interference detectable beyond the boundaries of the building containing the home based business shall be produced.

(f) One off-street parking space shall be required for a non-resident employee, and, if

otherwise permitted, this space may be located in a required front yard. Additional off-street parking spaces may be required, where in the opinion of the Development Officer, due to the nature of the business or the site, the provision of parking is necessary to maintain the residential character of the area. The siting and screening of all required parking spaces shall be undertaken to the satisfaction of Council.

(g) No more than one business related vehicle and one business related trailer, each

with a gross vehicle weight of no more than 5,000 kg and a total length of no more than 6.0 metres, may be stored on or in the vicinity of the site.

(h) Regardless of the number of home based businesses that may be located on any

one site, a total of no more than fourteen (14) client or business related visits per day shall be made to home based businesses on any one site, and no deliveries of merchandise, goods or equipment shall be made to the businesses by a vehicle with a gross vehicle weight of more than 5,000 kg, or by a vehicle with a total length of more than 6.0 metres.

(i) A total of no more than 2.0 cubic metres of storage may be permitted within a

dwelling on any one site, and a total of no more than 4.0 cubic metres of storage may be permitted within an attached or detached accessory building in relation to home based businesses. No storage of hazardous, explosive or flammable materials shall be permitted in relation to a home based business.

(j) An approved home based business may serve as the administrative headquarters

for up to two associates or partners who may be permitted to work from their own dwelling provided they obtain a separate home based business approval, and that they are present at the administrative headquarters no more than two hours in any one week period.

4.12.7 Dwelling Groups

(1) The minimum side yard shall be measured from the closest main wall of the principal building closest to the side site line.

(2) All principal buildings forming part of the dwelling group shall be located at least 1.5 m

from any other principal building in the group.

(3) Council may apply special development standards regarding "yard requirements" to reduce conflict with neighbouring uses.


4.12.8 Secondary Suites

(1) No more than one secondary suite shall be located in any single detached dwelling. (2) No more than two bedrooms are allowed for any secondary suite. (3) No more than three persons are allowed to occupy any secondary suite. (4) One off-street parking space is required for any secondary suite in addition to the required

parking for the principal residential building on the site. The required parking space for any secondary suite shall not be located in a required front yard, unless the subject site has no access to a rear lane, and shall be paved and screened.

(5) Any secondary suite shall comply with the requirements of the National Building Code,

subject to the approval of the Municipal Building Official. (6) The floor area occupied by a secondary suite shall be considered as part of the principal

dwelling. Any secondary suite shall not be separated from the principal building through condominium or bare land condominium conversion or subdivision of land.

(7) In order to accommodate a secondary suite, a single detached dwelling must have a gross

floor area, including the area of any basement, of at least 100 m2. (8) The maximum floor area of a secondary suite shall be no more than 50% of the gross floor

area, including the area of the basement, of the building in which it is located, or 80 m2, whichever is the lesser.

(9) The exterior finishing of a secondary suite shall be consistent with the exterior of the

remainder of the principal dwelling to give the entire building the appearance of a single dwelling.

(10) Where a secondary suite has an entrance which is separate from that of the principal

dwelling, the entrance may only be located on a side or rear wall of the principal dwelling. 4.12.9 Dwelling Units, Boarding Houses and Multiple Unit Dwellings (in conjunction with and attached

to any other permitted use)

(1) Multiple unit dwellings and boarding houses may be developed where located on a second or higher floor over commercial uses on the main floor;

(2) The parking required for dwelling units, multiple unit dwellings and boarding houses is

additional to the parking required for the commercial uses;

(3) The suitability of a proposal will be considered with respect to:

(a) adherence to any concept plan prepared for the proposed development area, including the proposed location of all forms of multiple unit dwellings;

(b) the convenience of parking; and, (c) appropriate size and quality of proposed dwelling units.


(4) Where the subject property was previously used for industrial purposes or where the

Development Officer has reason to believe that the subject property may be contaminated, the City shall require the applicant to submit an Environmental Site Assessment, prepared by a qualified professional, and, as a condition of approval, shall remediate the property to appropriate standards. The costs of such study and remediation shall be borne by the applicant.

4.12.10 Gas Bars

(1) Where operated as the principal use on a site, gas bars are subject to the regulations and standards for service stations.

(2) Where a gas bar is allowed to operate in conjunction with another use on a site, the

following standards and regulations apply:

(a) All fuel pumps and above ground storage tanks shall be at least five metres from any building on the site, and six metres from any site line;

(b) The site shall have at least two separate entrances for vehicles, at least 15 metres

apart; and,

(c) Sites shall be designed so that the delivery and unloading of bulk fuel shall not obstruct access to the fuel pumps or create obstructions on any adjacent street.

4.12.11 Service Stations

(1) Fuel pumps and other apparatus for dispensing or storage of fuel, located all or partly above grade level, shall be at least six metres from a site line.

(2) All automobile parts, dismantled vehicles and similar articles or equipment are to be stored

within a building.

(3) Where service stations occupy a corner site, only one access point shall be on the flanking street.

(4) Sites shall be designed so that the delivery and unloading of bulk fuel shall not obstruct

access to the fuel pumps or create obstructions on any adjacent street. 4.12.12 Shopping Centres and Industrial Complexes

(1) Shopping centres and industrial complexes shall have clearly defined pedestrian walkways between the sidewalk and building entrances.

(2) It must be demonstrated to the satisfaction of the Development Officer that mitigation of

vehicular traffic impacts has been addressed. (3) Service areas and refuse containers shall be appropriately screened from view of the street. (4) Primary access to shopping centres and industrial complexes shall preferably be from a

thoroughfare street system.


(5) The number and location of vehicle entrances to a commercial or industrial development

shall be consistent with the existing or anticipated design of adjacent streets and consideration shall be given to the minimum number of entrances needed to move traffic onto and off the site safely and efficiently.

4.12.13 Parking Lots

(1) No sign of any kind, other than those designating the parking lot name, entrances, exits, or conditions of use, may be erected or maintained.

(2) All lighting fixtures must be oriented in a manner to direct the light away from adjacent

lots.

(3) A hard surface must be provided and maintained and the lot must be graded to dispose of all surface water.

(4) Parking lots shall be landscaped to improve the visual appearance of the site.

(5) Where parking lot abuts a residential property boundary a minimum landscape buffer of 2.0 metres which, complies with the requirements contained in Section 4.25, shall be provided.

4.12.14 Wind Energy Facilities (one turbine)

(1) Wind energy facilities shall only be accommodated in those districts that list them as permitted or discretionary, subject to the following regulations:

(a) Wind turbines are limited to a maximum height of 50 metres.

(b) Wind turbines are limited to a maximum name plate capacity of 100kW.

(c) The setback of a wind turbine to any public road right of way and railway rights of

way that existed on the day the proponent submitted an application to the Municipality to construct, install, or expand the wind energy conversion facility shall be greater than or equal to the height of the turbine as herein defined.

(d) The setback of a wind turbine to any property boundary of a Non-Participating

Noise Receptor that existed on the day the proponent submitted an application to the Municipality to construct, install or expand the wind energy conversion facility, shall be greater than or equal to the height of the wind turbine.

(f) Council may approve a lesser separation where the applicant submits a copy of the

agreement between the developer of a wind turbine and the Non-Participating Noise Receptor, agreeing to a lesser separation. Such agreements must contain the provision that the parties to the agreement will register an interest on the titles of the affected land. Where such agreements are made, Council shall be a party to the agreement and may use Section 235 of The Act to register an interest to the title(s) of the affected lands.


(2) Council will evaluate Discretionary Use application for single wind turbines with the

following criteria:

Wind turbines shall be located in a manner in which they are separated from the nearest non-participating noise receptor in the following way: (a) Wind turbines with a rotor diameter between 0.1 m and 5.0 m: 100 metre separation

distance;

(b) Wind turbines with a rotor diameter between 5.01 m and 12.5 m: 250 metre separation distance; and

(c) Wind turbines with a rotor diameter greater than 12.5 m: 350 metre separation

distance. 4.13 SERVICING 4.13.1 Holding tanks, septic tanks and wells are not permitted in the areas of the City which can be

serviceable from existing municipal water and sewer lines. 4.13.2 Developments outside the serviceable areas shall be connected to a private sewage disposal system

approved by the authority responsible for approval of such systems under The Public Health Act, 1994.

4.13.3 When servicing becomes available, holding and septic tanks are to be disconnected and connection

must be made to municipal services as per The Public Health Act, 1994. 4.14 STORAGE OF MATERIALS AND UNLICENSED OR INOPERATIVE VEHICLES 4.14.1 In any Residential zoning district:

(1) No front yard shall be used for the storage of unlicensed or uninsured motor vehicles or of materials or goods of any type.

(2) No yard shall be used for storage or collection of hazardous material. (3) No yard or portion thereof shall be used for the storage of machinery not normally used for

the maintenance of the residential property. (4) Outside storage of partially dismantled or inoperative motor vehicles is not permitted. (5) Only one unlicensed or uninsured motor vehicle may be stored outdoors on a residential

site outside of a fully enclosed building if it is shielded or screened from view. The unlicensed motor vehicle shall not be visible by someone standing at ground level from outside the property on which the vehicle is stored. Covering inoperable motor vehicles with tarps or car covers are also acceptable methods.

(6) Licensed and unlicensed recreational vehicles are not required to be screened or covered.


4.15 OUTSIDE STORAGE AND WASTE MATERIAL STORAGE 4.15.1 Where permitted in association with any approved industrial, commercial or residential land use,

all outside storage, including storage of garbage or waste materials, is subject to the following requirements:

(1) No outside storage shall be located in the front yard, except for the neatly arranged display

of items for sale.

(2) Outside storage in a side or rear yard shall be screened from adjacent sites by a fence at least 1.9 metres in height, or a combination of fence and soft landscaping screening a minimum of 1.9 metres in height. Where adjacent to a public road, storage areas shall provide a landscaped strip of at least 2.0 metres in horizontal depth between the required fence and the required right of way.

(3) Unless otherwise directed by this Bylaw, garbage and waste material shall be stored in

weatherproof and animal-proof containers and shall be visually screened from all adjacent sites and public thoroughfares.

4.16 DEVELOPMENT ON HAZARD LANDS 4.16.1 Prior to a proposed development or subdivision that is to be located on what Council considers may

be hazard land, the applicant shall submit a report prepared by a qualified professional. The report shall assess the hazard land, the suitability of the land for the proposed development or subdivision, and identify any required mitigation measures.

4.16.2 Actions identified, in a report prepared pursuant to Section 4.15.1, for prevention, change,

mitigation or remedy may be incorporated as conditions to issuance of any development permit that may be issued. Council shall refuse a permit for any development for which, in Council’s opinion, the proposed actions are inadequate to address the conditions present on the hazard land or will result in excessive municipal costs.

4.17 BUILDINGS OR USES OCCUPYING MORE THAN ONE LOT 4.17.1 Where an application is made for development of a building or use that will occupy more than one

lot as herein defined, the parcel of land comprised of said lots shall be considered a site for the purposes of administering this Bylaw.

4.18 FRONTAGE ON ROAD 4.18.1 No development permit shall be issued unless the site intended to be used, or upon which a building

or structure is to be erected, abuts or has frontage on and access to an existing public road.


4.19 BUILDING TO BE MOVED 4.19.1 No building shall be moved within or into the City of Martensville without the issuance of a

development permit unless such building is exempt under Section 3.2.2 of this Bylaw. 4.19.2 Building relocations shall be subject to requirements contained within the Martensville Building

Bylaw No. 37-2004. 4.20 DEMOLITION OF BUILDINGS 4.20.1 No building shall be demolished within the City of Martensville without the issuance of a

demolition permit, unless it is exempt under Section 3.2.2. 4.20.2 Building demolitions shall be subject to the requirements contained within the City of Martensville

Building Bylaw No. 37-2004.

4.21 GRADING AND LEVELLING OF SITES 4.21.1 Any site for which a development permit has been issued shall be graded and levelled in accordance

with the elevations provided within the approved development permit at the applicant's expense to provide for surface drainage which does not adversely affect adjacent properties. Any interim earth work must be done in a manner to contain erosion, runoff and debris from negatively impacting any adjacent properties.

4.22 GARAGE AND YARD SALES 4.22.1 Garage or yard sales may be undertaken on any site in a Residential, Mixed Use or Community

Service zoning district provided the sale is conducted by a resident of the dwelling on the subject site, or by a non-profit group associated with a place of worship, public school, community association or other similar group or organization.

4.22.2 No more than four sales may be conducted from one site in one calendar year, and any one sale

may not last for more than three consecutive days. 4.23 WATER 4.23.1 No development or use of land shall be permitted where the proposal will adversely affect domestic

and municipal water supplies, or where a suitable, potable water supply cannot be furnished to the requirements of the Regional Health Authority and the Saskatchewan Water Security Agency.

4.24 LANDSCAPING 4.24.1 General Regulations for Landscaping

(1) Required landscaping shall be installed and maintained in accordance with the following standards and policies: (a) All plant materials shall be a species capable of healthy growth in Saskatchewan


and shall conform to the standards of the Canadian Nursery Landscape Association.

(b) Landscaped areas required to be provided within any front or side yard shall not

be used for any purpose except for signs or structures otherwise permitted or driveways leading to a parking or loading facility.

(c) The landscaping area shall be developed within the next growing season after

occupancy or partial occupancy of the building or the site. The landscaping shall be maintained in a neat and tidy condition at all times.

(d) The quality and extent of the landscaping established on a site shall be minimum

standard maintained on the site for the life of the development.

(e) A maximum of 15% of a required landscaped area may be hard landscaped.

(f) City of Martensville Policy 79-2011 – Commercial and Dedicated Lands

Landscaping Policy shall be consulted when selecting trees and shrub species and site planting.

(g) All areas set aside for plant materials and turf shall be provided with an underground sprinkler irrigation system or other adequate means of irrigation, with at least one outside spigot for each principal building.

(h) Existing soft landscaping retained on a site may be considered in fulfilment of a

portion of the total landscaping area requirement on the condition of compliance with clause (g).

(i) All trees provided for planting shall be a minimum 45 mm caliper for deciduous

trees and 1800 mm in height for coniferous trees. (j) All shrubs provided for planting shall be a minimum height and spread of 450 mm.

(k) Trees shall be planted in the overall minimum ratio of one tree per 45 square metres

of landscaped area or fraction thereof provided. Spacing between trees should not obstruct traffic sight lines, signs, or essential services at full maturity.

(l) Total shrubs shall be planted in the overall minimum ratio of one shrub per 20

square metres of required site landscape area or fraction thereof. (m) Continuous raised or precast curbing of not less than 150 mm in height shall be

placed along the perimeter of any landscaped area abutting a driveway or off-street parking or loading facility.

(2) The provision of landscaping shall be a condition of the issuance of a development permit

wherever the existing use of a building or structure is significantly enlarged, undergoes a significant increase in capacity, or is changed to a new use. In these cases, the development permit will not be issued until the landscaping plan is approved by the Development Officer.

4.24.2 Required Landscaping in Residential, Mixed Use and Community Service Districts


(1) A landscaped strip of not less than 4.5 metres in depth or the depth of the required front yard, whichever is less, throughout lying parallel to and abutting the front site line shall be provided on every site.

(2) On corner sites, in addition to the landscaping required in the front yard, the whole of any

required side yard abutting the flanking street shall be landscaped.

(3) Where a site abuts any site zoned to a Residential district without an intervening registered lane, there shall be a strip of land adjacent to the abutting site line of not less than 1.5 metres which shall not be used for any purpose except landscaping.

(4) The entire site shall be landscaped, except those portions used for buildings, driveways,

parking areas, and gardens. (5) Sections 4.24 (1) (g-m) shall not apply to single detached dwellings provided they are not

located within a dwelling group. 4.24.3 Required Landscaping in Commercial Districts

(1) In the C1 district, any front yard or side yard which is not covered by a building or required driveway access, shall be landscaped. Notwithstanding Section 4.24(1)(l), hard landscaping may be used throughout this landscaped area.

(2) In the C2 and C2A districts a landscaped strip of not less than 3.0 metres in depth

throughout lying parallel to and abutting the front site line shall be provided on every site. Sites may provide a maximum of 2.0 metres of the adjacent boulevard area toward the fulfilment of the front yard landscaping requirement. Where any portion of the boulevard area has been used in fulfilment of this landscaping requirement, the whole width of the boulevard shall be landscaped and maintained in accordance with the requirements of this subsection.

(3) In the C2 and C2A districts, on corner sites, in addition to the landscaping required in the

front yard, a landscaped strip of not less than 1.5 metres in width throughout lying parallel to and abutting the flanking street shall be landscaped.

(5) In the C1, C2 and C2A districts, where a site abuts any site zoned to a Residential district

without intervening dedicated lands or registered lane, there shall be a strip of land adjacent to the abutting site line of not less than 1.5 metres which shall not be used for any purpose except landscaping.

4.24.4 Required Landscaping in the Industrial District

(1) In the M district a landscaped strip of not less than 4.5 metres in depth throughout lying parallel to and abutting the front site line shall be provided on every site. Sites may provide a maximum of 2.0 metres of the adjacent boulevard area toward the fulfilment of the front yard landscaping requirement. Where any portion of the boulevard area has been used in fulfilment of this landscaping requirement, the whole width of the boulevard shall be landscaped and maintained in accordance with the requirements of this subsection.

(2) In the M district, on corner sites, in addition to the landscaping required in the front yard,

a landscaped strip of not less than 1.5 metres in width throughout lying parallel to and


abutting the flanking street shall be landscaped.

(3) In the M districts, where a site abuts any site zoned to an R, MU, CS or C district without intervening dedicated lands or a registered lane, there shall be a strip of land adjacent to the abutting site line of not less than 3.0 metres which shall not be used for any purpose except landscaping.

4.24.5 Landscaping Security Deposit

(1) To ensure that landscaping is completed to the standards specified in this Bylaw and in the approved landscaping plan, a security deposit shall be required for all developments which require the provision of landscaping.

(2) Prior to the issuance of a development permit, an itemized cost estimate of the landscape construction, hard and soft landscape materials, protective curbing, irrigation systems, and labour prepared by a professional landscape architect or landscape contractor, shall be submitted.

(3) The security deposit shall be in the form of cash, certified cheque, or an irrevocable letter

of credit in a form satisfactory to the City. The security deposit shall be provided to the City prior to the issuance of a development permit. The amount of the security deposit shall be 100% of the estimated cost of the work to a maximum of $100,000. This amount may serve as security for concurrent projects by the same applicant.

(4) All required landscaping features shall be completed in accordance with the approved

landscaping plan by the end of the growing season in which occupancy or partial occupancy of the building or site has taken place. When occupancy or partial occupancy or use of the building or site has taken place after the end of the growing season, all required and approved landscaping features shall be completed by June 1st of the following growing season. For the purposes of this section, “growing season” means from May 1st to September 15th of the same calendar year.

(5) When landscaping is partially completed at the end of a growing season, the City, at its

sole discretion, may provide a partial refund of the security deposit which has been provided. The amount of security retained by the City shall be 120% of the cost of the work remaining to be completed.

(6) If the required landscaping is not completed by the date specified in subsection (4), the

City may cash the security deposit, enter upon the subject property, and complete the landscape construction and planting.

(7) Nothing in this Section shall preclude the City from pursuing any other method of bylaw

enforcement to ensure that the required landscaping is completed. 4.25 PROHIBITED USES 4.25.1 The following uses are prohibited in all districts:

(1) The breeding of any animals which are prohibited within the Animal Control Bylaw 6-2013.


5 ZONING DISTRICTS 5.1 CLASSIFICATION OF ZONING DISTRICTS

In order to carry out the purpose and provisions of this Bylaw, the City 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 Low Density Residential R1 Core Area Residential R1A Medium Density Residential R2 High Density Residential R3 Manufactured Home Residential RMH Community Service CS Neighbourhood Centre Commercial C1 Highway Commercial C2 Arterial Commercial C2A Mixed Use MU Industrial M Future Urban Development FUD

5.2 THE ZONING DISTRICT MAP

The map, bearing the statement "This is the Zoning District Map referred to in Bylaw No. _______ adopted by the Council and signed by the Mayor and City Clerk, and under the seal of the City 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 5.3.1 The boundaries of such districts referred to, together with explanatory legend, notation and

reference, are shown on the map entitled "Zoning District Map". 5.3.2 All streets, lanes and road allowances, if not otherwise specifically designated, shall be deemed to

be in the same zoning district as the property immediately abutting upon such streets, lanes and road allowances. If the land abutting each side of a street, lane or road allowance is located in different zoning districts, the centre line of such street, lane or road allowance shall be deemed to be the district boundary, unless otherwise specifically designated.

5.3.3 Streets, lanes, and road allowances which are shown on the Zoning District Map and which have

been permanently closed pursuant to Section 13 of The Municipalities Act, shall be in the same district as the land abutting both sides of the permanently closed street, lane or road allowance. If the land abutting each side of the permanently closed street, land or road allowance was located in different zoning districts before the said street, lane or road allowance was permanently closed, the centre line of such permanently closed street, lane or road allowance shall be deemed to be the district boundary, unless otherwise specifically designated.


5.3.4 On un-subdivided land, the zoning district boundary shall be determined by the scale shown on the

Zoning District Map. 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.

5.5 TRANSITIONAL ZONING PROVISIONS

Buildings lawfully existing at the time of the approval of this Bylaw shall be limited in terms of site width, front and rear yard setback, site coverage and off-street parking and loading requirements to the regulations of the zoning district in which they are located, or to their current dimensions, whichever is the least restrictive.

5.6 PROPERTIES WITH MORE THAN ONE ZONING DISTRICT

Where a site or lot is divided into more than one zoning district, the development and use of any portion of the site shall be in accordance with the requirements of the applicable zoning district and subject to Section 4.3 herein.


6 DISTRICT SCHEDULES 6.1 R1 - LOW DENSITY RESIDENTIAL DISTRICT 6.1.1 Purpose

The purpose of the R1 - Low Density Residential district is to provide for residential development in the form of single detached, two-unit and semi-detached dwellings as well as other compatible uses.

6.1.2 Permitted and Discretionary Uses Uses are listed and designated in Table 6-1. 6.1.3 Accessory Uses (1) Accessory buildings and uses shall be permitted subject to Section 4.9. 6.1.4 Standards and Regulations (1) Site and building requirements are shown in Table 6-1. 6.1.5 Standards for Discretionary Uses

Council will consider discretionary use applications in the R1 district with respect to Section 3.10.3 – General Discretionary Use Evaluation Criteria, Section 3.10.4 – Use Specific Discretionary Use Evaluation Criteria, as may be applicable, and additional evaluation criteria and development standards that follows in this section.

6.1.6 Off-Street Parking and Loading Off-street parking and loading requirements are subject to Section 4.10. 6.1.7 Outside Storage Outside storage, including waste material storage, is subject to Section 4.15. 6.1.8 Landscaping Landscaping is subject to Section 4.24. 6.1.9 Corner Sites

Where, on a corner site, a side yard of at least 6 metres is provided adjacent to the flanking street for a single detached dwelling, the minimum rear yard requirement shall be reduced to 3 metres.


Table 6-1: R1 – Low Density Residential District Development Standards for the City of Martensville

Principal Use

Development Standards

Designation

Parking C

ategory

Subject to Section(s)

Minim

um

Site Area

(m2)

Minim

um

Site Width

(m)

Minim

um

Front Yard (m

)

Minim

um

Rear Yard

(m)

Minim

um

Side Yard (m

)

Minim

um

Bldg Floor

Area (m

2)

Maxim

um

Bldg H

eight (m

)

Maxim

um

Site Cvg (%

)

Residential Uses (1) Residential care homes - type I D 6 4.12.3 360(1) 12(6) 6 4.5 1.2 70 12 50 (2) Secondary suites P 1 4.12.8 Development standards as laid out in Section 4.12.8 (3) Single detached dwellings P 1 360(1) 12(6) 6 4.5 1.2 70(2) 12 50

(4) Semi-detached dwellings D 1 225(3) per unit

7.5 per unit 6 4.5 1.2(4) 46 12 50

(5) Two-unit dwellings D 1 450(5) 15 6 4.5 1.2 92 12 50 Commercial Uses (1) Adult day care – type I P 6 4.12.3 360(1) 12(6) 6 4.5 1.2 70 12 50 (2) Adult day care – type II D 6 4.12.3 360(1) 12(6) 6 4.5 1.2 70 12 50 (3) Bed and breakfast homes D 3 4.12.2 360(1) 12(6) 6 4.5 1.2 70 12 50 (4) Daycare centres and preschools D 14 4.12.4 360(1) 12(6) 6 4.5 1.2 70 12 50 (5) Home based business – type I P 0 4.12.6 Same as home (6) Home based business – type II D 0 4.12.6 Same as home

Other Uses (1) Community centres D 4 3.10.4(2) 450 15 6 4.5 3 - - - - 50 (2) Municipal facilities P 0 - - - - - - - - - - - - - - - - (3) Parks and playgrounds P 0 - - - - - - - - - - - - - - 10 (4) Places of worship D 15 3.10.4(2) 450 15 6 4.5 3 - - - - 50 (5) Public elementary, and secondary schools D 17,18 4.12.5 - - - - - - 4.5 3 - - - - - -

(6) Public works excluding offices, warehouses, storage yards and sewage lagoons P 0 - - - - - - - - - - - - - - - -

Use Designations: (P) - Permitted Use means a use or form of development allowed as of right in a zoning district, subject to the regulations contained in this Bylaw.

(D) - Discretionary Use A use or form of development specified in this Bylaw, which may be allowed following application to, and approval of the Council; and which complies with the development standards laid out in Section 6.1.5 and others as required by Council and/or contained in this Bylaw.


Special limitations and standards regarding Table 6-1 and the R1 district:

(1) where the site is serviced by a rear lane; otherwise 396 (2) (3)

except for two storey dwellings, where it shall be 88 where the site is serviced by a rear lane; otherwise 247.5

(4) except that no side yard is required where a common wall divides two dwelling units (5) where the site is serviced by a rear lane, otherwise 495 (6) where the site is serviced by a rear lane, otherwise 15


6.2 R1A – CORE AREA RESIDENTIAL DISTRICT 6.2.1 Purpose

The purpose of the R1A – Core Area Residential district is to provide for a range of low to medium density residential uses as well as other compatible uses in the core area of the City.

6.2.2 Permitted and Discretionary Uses

Uses are listed and designated in Table 6-1.

6.2.3 Accessory Uses

(1) Accessory buildings and uses shall be permitted subject to Section 4.8.

6.2.4 Standards and Regulations

(1) Site and building requirements are shown in Table 6-1.

6.2.5 Standards for Discretionary Uses

Council will consider discretionary use applications in the R1A district with respect to Section 3.10.3 – General Discretionary Use Evaluation Criteria, Section 3.10.4 – Use Specific Discretionary Use Evaluation Criteria, as may be applicable, and additional evaluation criteria and development standards that follows in this section.

6.2.6 Off-Street Parking and Loading

Off-street parking and loading requirements are subject to Section 4.9.

6.2.7 Outside Storage

Outside storage, including waste material storage, is subject to Section 4.25.

6.2.8 Corner Sites



April 5th, 2015 EDITION

6.2.9 Development Standards for Semi-detached and Two-unit dwellings

(1) Each dwelling unit shall have primary access directly to the outside. Primary access for at least one of the dwelling units shall directly face a front or flanking street.

(2) Additional parking shall be provided in the rear yard accessed from the rear lane, within an attached or detached garage, or a maximum of one front yard parking space per dwelling unit may be provided on the condition that no more than 50% of the front yard may be hard surfaced.

(3) A lot grading plan shall be submitted as part of the discretionary use application. Lot grades shall be designed to ensure that existing drainage patterns are maintained or enhanced where necessary.

6.2.10 Development Standards for Multiple-unit Dwellings

(1) On interior sites, multiple-unit dwellings with a maximum of four dwelling units may

be permitted, at the discretion of Council. Each dwelling unit shall have access directly to both the front and rear yard. Primary access for all of the dwelling units within a multiple-unit dwelling shall directly face a front street.

(2) On corner sites, multiple-unit dwellings with a maximum of six dwelling units may be permitted, at the discretion of Council. Each dwelling unit shall have primary access directly to the outside. Primary access for a minimum of 50% of the dwelling units within a multiple-unit dwelling shall directly face a front or flanking street.

(4) The gross floor space ratio shall not exceed 0.75:1. (5) Required parking shall be located in attached or detached garages or side and rear yards

only. (6) Additional parking shall be provided in the rear yard accessed from the rear lane, within

an attached or detached garage, or a maximum of one front yard parking space per dwelling unit may be provided on the condition that no more than 50% of the front yard may be hard surfaced.

(7) A lot grading plan shall be submitted as part of the discretionary use application. Lot grades shall be designed to ensure that existing drainage patterns are maintained or enhanced where necessary.

6.2.11 Accessible Dwelling Units

In order to encourage the construction of dwellings that are accessible to individuals with mobility issues and which have amenities to facilitate aging in place, a density bonus is provided for multiple‐unit dwellings where at least 25% of the dwelling units are accessible.

Each accessible dwelling unit will be required to meet the following development standards:

(1) Qualifying dwelling units must be constructed concurrently with the other units in a

multiple‐unit dwelling;


(2) Qualifying units must be integrated into the overall design of the development;

(3) Qualifying units must have barrier free access, including:

(a) All pathways and walkways to the building must:

a. be a minimum of 1.1 metres wide; b. have a slope of not more than 1:20; c. have ramps at curbs with a slope not more than 1:12

(b) All landings at the top and bottom of stairs or ramps must be at least 1.5 metres by

1.5 metres;

(c) All exterior doorways must be a minimum of 810mm wide, with lever handles located no more than 1.2 metres above floor level; and

(d) All qualifying units must be located at grade level and shall include

appropriate ramps or similar structures, as required, to accommodate direct access.

(4) Qualifying units must meet the following accessibility standards within dwelling units: a. All interior doorways must be a minimum of 810mm wide, with lever handles

located no more than 1.2 metres above floor level.

City of Martensville Zoning Bylaw 79 Table 6-1: R1A – Core Area Residential District Development Standards

for the City of Martensville

Principal Use

Designation

Parking C

ategory



Minim

um

Site Area

(m2)

Minim

um

Site Width

(m)

Minim

um

Front Yard

(m)

Minim

um

Rear Y

ard (m

)

Minim

um

Side Yard

(m)

Minim

um

Bldg Floor

Area (m

2)

Maxim

um

Bldg H

eight (m

)

M

aximum

Site C

vg (%)

Residential Uses (1) Residential care homes - type I D 6 4.12.2 360(1) 12 6(6) 4.5 1.2 70 12 50 (2) Secondary suites P 1 4.12.11 (3) Single detached dwellings P 1 360(1) 12 6(6) 4.5 1.2 70(2) 12 50 (4) Semi-detached dwellings D 1 6.1.9 225(3) 7.5 6(6) 4.5 1.2(4) 46 12 50 (5) Two-unit dwellings D 1 6.1.9 450(5) 15 6(6) 4.5 1.2 92 12 50

(6) Multiple-unit dwellings – Maximum four units on interior sites D 2 6.1.10

225 per unit (10)

7.5 per unit(11)(12) 6(6) 6 (7)

40 per unit 12(8) 40(9)

(7) Multiple-unit dwellings – Maximum six units on corner sites D 2 6.1.10

225 per unit(10)

7.5per unit(11)(12) 6(6) 6 (7)

40 per unit 12(8) 40(9)

Commercial Uses (1) Adult day care – type I P 6 4.12.2 360(1) 12 6(6) 4.5 1.2 70 12 50 (2) Adult day care – type II D 6 4.12.2 360(1) 12 6(6) 4.5 1.2 70 12 50

(3) Bed and breakfast homes D 3 4.12.1 360(1) 12 6(6) 4.5 1.2 70 12 50

(4) Daycare centres and preschools D 14 4.12.3 360(1) 12 6(6) 4.5 1.2 70 12 50 (5) Home based business – type I P 0 4.11 (6) Home based business – type II D 0 4.11

Other Uses (1) Community centres D 4 3.10.4(3) 450 15 6 4.5 3 - - - - 50 (2) Municipal facilities P 0 - - - - - - - - - - - - - - - - (3) Parks and playgrounds P 0 - - - - - - - - - - - - - - 10 (4) Places of worship D 15 3.10.4(3) 450 15 6 4.5 3 - - - - 50 (5) Public elementary and secondary schools D 17, 18 3.10.4(3) - - - - - - 4.5 3 - - - - - -



Use Designations: (P) - Permitted Use

Means a use or form of development allowed as of right in a zoning district, subject to the regulations contained in this Bylaw.


Special limitations and standards regarding Table 6-1 and the R1A district: (1) where the site is serviced by a rear lane; otherwise 396 (2) except for two storey dwellings, where it shall be 88 (3) where the site is serviced by a rear lane; otherwise 247.5 (4) except that no side yard is required where a common wall divides two dwelling units (5) where the site is serviced by a rear lane, otherwise 495 (6) The front yard setback shall not be more than 2.0 metres from the average front yard setback of the principal buildings on adjacent, flanking sites provided that

in no case shall the setback be less than 6.0 metres. (7) The side yard shall be 1.5 metres or 25% of the height of the side wall of the building, whichever is greater. (8) The maximum building height shall be 12m and two storeys.

(9) Site coverage may be increased to 50% where more than 50% of the required parking is enclosed as part of the principal building or an accessory building on the same site.

(10) Can be reduced to 180.0m 2 when a minimum of 25% of the units are designed for accessible or aging-in-place living. (11) Can be reduced to 6.0m when a minimum of 25% of the units are designed for accessible or aging-in-place living. (12) To a maximum requirement of 22.5m.


DISCRETIONARY USE EVALUATION CRITERIA

TWO UNIT DWELLINGS, SEMI DETACHED DWELLINGS, and MULTIPLE UNIT DWELLINGS

(1) The application must comply with all relevant requirements contained in the Zoning Bylaw.

(2) The proposed development should be capable of being adequately serviced by existing infrastructure. If

infrastructure upgrades are required, the developer shall be responsible for the cost of such upgrades.

(3) Dwellings shall be oriented to the fronting street or flanking street on corner lots. A main door and windows shall be provided on the front elevations of all buildings. Abundant glazing at street level is encouraged. Blank walls should not be permitted on facades adjacent to or visible from public streets or other public spaces.

(4) Buildings should be well proportioned and incorporate design elements that break down the perceived

scale and massing of building elements to create human scaled pedestrian environments and aesthetically pleasing streetscapes. Buildings should be designed to visually integrate with the existing neighbourhood.

(5) Two-unit and semi-detached dwellings should be designed with an asymmetric balance in the building

form, proportion, and massing such that the units do not mirror each other. Alternatively, architectural features such as bay windows and bump-outs, varied rooflines, and doors and windows, should be used to distinguish one unit from the other.

(6) Multiple-unit dwellings should be designed to enhance visual appeal and to decrease visual monotony.

Large building faces should incorporate intermittent variances in plan and elevation to encourage shadow lines on the building and to assist in breaking down the apparent mass and scale into well-proportioned volumes. Windows and doors should complement and enhance the architectural design and satisfy functional and climatic issues.

(7) To maintain the privacy of neighbouring properties, the location of doors and windows within the side

yard should not be aligned with doors and windows on neighbouring dwellings. In addition, doors which provide access to a side yard should be designed to be at or near grade level.

(8) Windows, balconies, patios and decks should be arranged so as not to unduly impact the privacy of adjacent

dwellings. (9) Care should b e taken in designing dwellings with respect to building height, roof pitch and roof

orientation. New dwellings should be designed and located on a site so as not to be substantially out of scale with or unduly restrict sunlight access to adjacent properties.

(10) Accessible units, oriented to senior citizens and individuals with mobility challenges, are strongly

encouraged. (11) Existing trees should be protected wherever possible. Any trees which are removed should be replaced

at the rate of at least two new trees for every existing tree removed. (12) Whenever possible, the applicant should work with affected neighbours to address concerns related

to the likely and foreseeable impacts of the proposed development.


6.3 R2 - MEDIUM DENSITY RESIDENTIAL DISTRICT 6.3.1 Purpose

The purpose of the R2 - Medium Density Residential district is to provide for residential development in the form of single detached, semi-detached and two-unit dwellings, multiple-unit dwellings and dwelling groups, and other compatible uses in a medium density form.



6.3.6 Gross Floor Space Ratio The gross floor space ratio shall not exceed 1.0:1. 6.3.7 Off-Street Parking and Loading Off-street parking and loading requirements are subject to Section 4.10. 6.3.8 Outside Storage Outside storage, including waste material storage, is subject to Section 4.15. 6.3.9 Landscaping Landscaping is subject to Section 4.24. 6.3.10 Corner Sites



Table 6-3: R2 – Medium Density Residential District Development Standards


Principal Use


Designation

Parking C

ategory


Minim

um

Site Area

(m2)

Minim

um

Site Width

(m)

Minim

um

Front Yard (m

)

Minim

um

Rear Yard

(m)

Minim

um

Side Yard (m

)

Minim

um

Bldg Floor

Area (m

2)

Maxim

um

Bldg H

eight (m

)

Maxim

um

Site Cvg (%

)

Residential Uses (1) Boarding houses D 6 550 15 6 4.5 (1) 12 40(2)

(2) Dwelling groups D 2 3.10.4(3) 4.12.9 550 15 6 4.5 (1) 40 / unit 13(10) 40(2)

(3) Multiple-unit dwellings D 2 3.10.4(4) 550 15 6 4.5 (1) 40 / unit 13(10) 40(2) (4) Residential care homes - type I P 6 4.12.3 360(3) 12(9) 6(4) 4.5 1.2 70(5) 12 50 (5) Residential care homes - type II D 6 4.12.3 360(3) 12(9) 6(4) 4.5 1.2 70(5) 12 50 (6) Secondary suites P 1 4.12.8 Development standards as laid out in Section 4.12.8

(7) Semi-detached dwellings P 1 225(6) per unit

7.5 per unit 6(4) 4.5 1.2(7) 46 12 50

(8) Single detached dwellings P 1 360(3) 12(9) 6(4) 4.5 1.2 70(5) 12 50

(9) Street townhouse dwellings D 1 225(6) per unit

7.5 per unit 6(4) 4.5 1.2(7) 46 / unit 12 40(2)

(10) Two-unit dwellings P 1 450(8) 15 6(4) 4.5 1.2 92 12 50 Commercial Uses (1) Adult day care – type I P 6 4.12.3 360(3) 12(9) 6(4) 4.5 1.2 70(5) 12 50 (2) Adult day care – type II D 6 4.12.3 360(3) 12(9) 6(4) 4.5 1.2 70(5) 12 50 (3) Bed and breakfast homes D 3 4.12.2 360(3) 12(9) 6(4) 4.5 1.2 70(5) 12 50 (4) Clubs D 5 3.10.4(2) 450 15 6 4.5 3 - - 12 50 (5) Daycare centres and preschools D 14 4.12.4 360(3) 12(9) 6 4.5 1.2 70(5) 12 50 (6) Health care clinics D 5 360(3) 12 6 4.5 3 - - 12 50 (7) Home based business – type I P 0 4.12.6 Same as home (8) Home based business – type II D 0 4.12.6 Same as home

Other Uses (1) Ambulance stations D 21 3.10.4(7) 450 15 6 4.5 3 - - 12 50 (2) Community centres D 4 3.10.4(3) 450 15 6 4.5 3 - - 12 50 (3) Cultural institutions D 4 450 15 6 4.5 3 - - 12 50 (4) Custodial care facilities D 6 4.12.2 360(3) 12(9) 6(4) 4.5 1.2 70 12 50 (5) Municipal facilities P 0 - - - - - - - - - - - - - - - -


Table 6-3: R2 – Medium Density Residential District Development Standards for the City of Martensville

Principal Use


Designation

Parking C

ategory


Minim

um

Site Area

(m2)

Minim

um

Site Width

(m)

Minim

um

Front Yard (m

)

Minim

um

Rear Yard

(m)

Minim

um

Side Yard (m

)

Minim

um

Bldg Floor

Area (m

2)

Maxim

um

Bldg H

eight (m

)

Maxim

um

Site Cvg (%

)

(6) Parks and playgrounds P 0 - - - - - - - - - - - - - - 10 (7) Places of worship D 15 3.10.4(3) 450 15 6 4.5 3 - - 12 50 (8) Private schools D 18 3.10.4(3) - - - - - - 4.5 3 - - 12 - -

(9) Public elementary and secondary schools D 17, 18 4.12.5 - - - - - - 4.5 3 - - 12 - -

(10) Public recreational facilities D 22 3.10.4(2) - - - - - - 4.5 3 - - 12 - -


Use Designations:

(P) - Permitted Use means a use or form of development allowed as of right in a zoning district, subject to the regulations contained in this Bylaw.


Special limitations and standards regarding Table 6-3 and the R2 district:

(1) the side yard shall be 1.2 m or 25% of the height of the side wall of the building, whichever is greater (2) site coverage may be increased to 50% where more than 50% of the required parking is provided underground or is enclosed as part of the principal or

accessory building (3) where the site is serviced by a rear lane; otherwise 396 (4) the minimum front yard may be reduced to 3.0 metres where the dwelling unit does not have a street facing attached garage (5) except for two storey dwellings, where it shall be 88 (6) where the site is serviced by a rear lane; otherwise 247.5 (7) except that no side yard is required where a common wall divides the dwelling units (8) where the site is serviced by a rear lane; otherwise 495 (9) where the site is serviced by a rear lane, otherwise 15

(10) maximum building height shall be 13 metres and not more than 3 storeys. building height for a multiple unit dwelling with a hip, gabel or gambrel roof, shall be measured from grade to the mean height level between the eaves and the ridge.


6.4 R3 – HIGH DENSITY RESIDENTIAL DISTRICT 6.4.1 Purpose

The purpose of the R3 – High Density Residential district is to provide for residential development in the form of single detached, semi-detached and two-unit dwellings, multiple-unit dwellings and dwelling groups, and other compatible uses in a medium to high density form.



6.4.6 Gross Floor Space Ratio The gross floor space ratio shall not exceed 1.5:1. 6.4.7 Off-Street Parking and Loading Off-street parking and loading requirements are subject to Section 4.10. 6.4.8 Outside Storage Outside storage, including waste material storage, is subject to Section 4.15. 6.4.9 Landscaping Landscaping is subject to Section 4.24. 6.4.10 Corner Sites



Table 6-4: R3 – High Density Residential District Development Standards


Principal Use


Designation

Parking C

ategory


Minim

um

Site Area

(m2)

Minim

um

Site Width

(m)

Minim

um

Front Yard (m

)

Minim

um

Rear Yard

(m)

Minim

um

Side Yard (m

)

Minim

um

Bldg Floor

Area (m

2)

Maxim

um

Bldg H

eight (m

)

Maxim

um

Site Cvg (%

)

Residential Uses (1) Boarding houses D 6 550 15 6(1) 4.5 (2) 15 40(3)

(2) Dwelling groups D 2 3.10.4(3) 4.12.7 550 15 6(1) 4.5 (2) 40 / unit 16(12) 40(3)

(3) Multiple-unit dwellings D 2 3.10.4(4) 550 15 6(1) 4.5 (2) 40 / unit 16(12) 40(3) (4) Residential care homes - type I P 6 4.12.3 (4) 8.5(9) 6(5) 4.5 1.2 70(6) 12 50 (5) Residential care homes - type II D 6 4.12.3 (4) 8.5(9) 6(5) 4.5 1.2 70(6) 12 50 (6) Secondary suites P 1 4.12.8 Development standards as laid out in Section 4.12.8

(7) Semi-detached dwellings P 1 225(7) per unit

7.5 per unit 6(5) 4.5 1.2(8) 46 12 50

(8) Single detached dwellings P 1 (4) 8.5(9) 6(5) 4.5 1.2 70(6) 12 50

(9) Street townhouse dwellings D 1 225(7) per unit 6 per unit 6(5) 4.5 1.2(8) 46 / unit 12 50(10)

(10) Two-unit dwellings P 1 450(11) 15 6(5) 4.5 1.2 92 12 50 Commercial Uses (1) Adult day care – type I & type II P 6 4.12.3 (1) 8.5(9) 6(5) 4.5 1.2 70(6) 12 50 (2) Bed and breakfast homes D 3 4.12.2 (1) 8.5(9) 6(5) 4.5 1.2 70(6) 12 50 (3) Clubs D 5 3.10.4(2) 450 15 6 4.5 3 - - 12 50 (4) Daycare centres and preschools D 14 4.12.4 (1) 8.5(9) 6 4.5 1.2 70(6) 12 50 (5) Health care clinics D 5 450 15 6 4.5 3 - - 12 50 (6) Home based business – type I P 0 4.12.6 Same as home (7) Home based business – type II D 0 4.12.6 Same as home

Other Uses (1) Ambulance stations D 21 3.10.4(7) 450 15 6 4.5 3 - - 12 50 (2) Community centres D 4 3.10.4(2) 450 15 6 4.5 3 - - 12 50 (3) Cultural institutions D 4 450 15 6 4.5 3 - - 12 50 (4) Custodial care facilities D 6 4.12.3 (4) 8.5(9) 6(5) 4.5 1.2 70 12 50 (5) Municipal facilities P 0 - - - - - - - - - - - - - - - - (6) Parks and playgrounds P 0 - - - - - - - - - - - - - - 10


Table 6-4: R3 – High Density Residential District Development Standards for the City of Martensville

Principal Use


Designation

Parking C

ategory


Minim

um

Site Area

(m2)

Minim

um

Site Width

(m)

Minim

um

Front Yard (m

)

Minim

um

Rear Yard

(m)

Minim

um

Side Yard (m

)

Minim

um

Bldg Floor

Area (m

2)

Maxim

um

Bldg H

eight (m

)

Maxim

um

Site Cvg (%

)

(7) Places of worship D 15 3.10.4(2) 450 15 6 4.5 3 - - 12 50 (8) Private schools D 18 - - - - - - 4.5 3 - - 12 - - (9) Public elementary and secondary schools D 17,18 4.12.5 - - - - - - 4.5 3 - - 12 - -

(10) Public recreational facilities D 22 3.10.4(2) - - - - - - 4.5 3 - - 12 - -




Special limitations and standards regarding Table 6-4 and the R3 district: (1) the front yard shall be 6 metres or 50% of the height of the front wall of the building, whichever is greater (2) the side yard shall be 1.2 m or 25% of the height of the side wall of the building, whichever is greater (3) site coverage may be increased to 50% where more than 50% of the required parking is provided underground or is enclosed as part of the principal or

accessory building (4) the minimum site area shall be 30 times the site width where the site is serviced by a rear lane or 33 times the site width where the site is not serviced by a

rear lane (5) the minimum front yard may be reduced to 3.0 metres where the dwelling unit does not have a street facing attached garage (6) except for two storey dwellings, where it shall be 88 (7) where the site is serviced by a lane; otherwise 247.5 (8) except that no side yard is required where a common wall divides the dwelling units (9) to a maximum site width of 12 m

(10) site coverage may be increased to 60% where more than 50% of the required parking is enclosed as part of the principal building or an accessory building on the same site

(11) where the site is serviced by a lane; otherwise 495 (12) maximum building height shall be 16 metres and not more than 4 storeys. building height for a multiple unit dwelling with a hip, gabel or gambrel roof,

shall be measured from grade to the mean height level between the eaves and the ridge.


6.5 RMH – MANUFACTURED HOME RESIDENTIAL DISTRICT 6.5.1 Purpose

The purpose of the RMH – Manufactured Home Residential district is to provide for residential development in the form of manufactured homes, single detached dwellings and other compatible uses.


Council will consider discretionary use applications in the RMH district with respect to Section 3.10.3 – General Discretionary Use Evaluation Criteria, Section 3.10.4 – Use Specific Discretionary Use Evaluation Criteria, as may be applicable, and additional evaluation criteria and development standards that follows in this section.

6.5.6 Off-Street Parking and Loading Off-street parking and loading requirements are subject to Section 4.10. 6.5.7 Outside Storage Outside storage, including waste material storage, is subject to Section 4.15. 6.5.8 Landscaping Landscaping is subject to Section 4.24.


Table 6-5: RMH – Manufactured Home Residential District Development Standards for the City of Martensville

Principal Use


Designation

Parking C

ategory


Minim

um

Site Area

(m2)

Minim

um

Site Width

(m)

Minim

um

Front Yard (m

)

Minim

um

Rear Yard

(m)

Minim

um

Side Yard (m

)

Minim

um

Bldg Floor

Area (m

2)

Maxim

um

Bldg H

eight (m

)

Maxim

um

Site Cvg (%

)

Residential Uses (1) Single detached manufactured dwellings P 1 360(1) 12 6 4.5 1.2 65 8.5 50 (2) Residential care homes - type I P 6 4.12.3 360(1) 12 6 4.5 1.2 65 12 50 (3) Residential care homes - type II D 6 4.12.3 360(1) 12 6 4.5 1.2 65 12 50 (4) Secondary suites D 1 4.12.8 Development standards as laid out in Section 4.12.8 (5) Single detached dwellings P 1 360(1) 12 6 4.5 1.2 70(2) 12 50

Commercial Uses (1) Adult day care – type I D 3 4.12.3 360(1) 12 6 4.5 1.2 65 12 50 (2) Daycare centres and preschools D 14 4.12.4 360(1) 12 6 4.5 1.2 70(2) 12 50 (3) Home based businesses – type I P 0 4.12.6 Same as home (4) Home based businesses – type II D 0 4.12.6 Same as home

Community Service, Municipal, Recreational, Institutional and Other Uses (1) Community centres D 4 3.10.4(2) 450 15 6 4.5 3 - - 12 50 (2) Cultural institutions D 4 450 15 6 4.5 3 - - 12 50 (3) Municipal facilities P 0 - - - - - - - - - - - - - - - - (4) Parks and playgrounds P 0 - - - - - - - - - - - - - - 10 (5) Places of worship D 15 3.10.4(2) 450 15 6 4.5 3 - - - - 50 (6) Public recreation facilities D 22 3.10.4(2) - - - - - - 4.5 3 - - - - - -


Use Designations:



Special limitations and standards regarding Table 6-5 and the RMH district:

(1) where the site is serviced by a lane; otherwise 396 (2) except for two storey dwellings, where it shall be 88


6.6 CS – COMMUNITY SERVICE DISTRICT 6.6.1 Purpose

The objective of the CS – Community Service District is to provide for a range of community services and other compatible uses.


Uses are listed and designated in Table 6-6. 6.6.3 Accessory Uses

(1) Accessory buildings and uses shall be permitted subject to Section 4.9. 6.6.4 Standards and Regulations

(1) Site and building requirements are shown in Table 6-6. 6.6.5 Standards for Discretionary Uses

Council will consider discretionary use applications in the CS district with respect to Section 3.10.3 – General Discretionary Use Evaluation Criteria, Section 3.10.4 – Use Specific Discretionary Use Evaluation Criteria, as may be applicable, and additional evaluation criteria and development standards that follows in this section.



Table 6-6: CS – Community Service District Development Standards for the City of Martensville

Principal Use


Designation

Parking C

ategory


Minim

um

Site Area

(m2)

Minim

um

Site Width

(m)

Minim

um

Front Yard (m

)

Minim

um

Rear Yard

(m)

Minim

um

Side Yard (m

)

Minim

um

Bldg Floor

Area (m

2)

Maxim

um

Bldg H

eight (m

)

Maxim

um

Site Cvg (%

)

Community Service Uses (1) Ambulance stations P 21 235 6 6 4.5 3(1) - - 12 - - (2) Cemeteries P 0 - - - - 6 4.5 3(1) - - - - - - (3) Community centres P 4 450 12 6 4.5 3(1) - - 12 - - (4) Cultural institutions P 4 450 12 6 4.5 3(1) - - 12 - - (5) Custodial care facilities D 6 4.12.3 360(2) 12(3) 6 4.5 3(1) 70 12 50 (6) Educational institutions P 17 450 12 6 4.5 3(1) - - 12 - -

(7) Offices accessory to another permitted or discretionary use P 4 450 12 6 4.5 3(1) - - 12 - -

(8) Municipal facilities P 0 - - - - - - - - - - - - - - - - (9) Parks and playgrounds P 0 - - - - - - - - - - - - - - - - (10) Places of worship P 15 450 12 6 4.5 3(1) - - 12 - - (11) Public elementary and high schools P 17, 18 - - - - - - 4.5 3(1) - - 12 - -

(12) Public works, excluding warehouses, storage yards, and sewage lagoons P 0 - - - - - - - - - - - - 12 - -

(13) Public hospitals P 6 - - - - 6 4.5 3(1) - - 12 - - (14) Public recreational facilities P 22 - - - - - - 4.5 3(1) - - 12 - - (15) Special care homes P 6 - - - - 6 4.5 3(1) - - 12 - - (16) Telecommunication towers D 0 - - - - 6 4.5 3(1) - - - - - - Commercial Uses (1) Adult day cares – type I and II P 14 4.12.3 360(2) 12(3) 6 4.5 3(1) 70 12 50 (2) Clubs P 5 450 12 6 4.5 3(1) - - 12 - - (3) Commercial recreation facilities P 22 235 6 6 4.5 3(1) - - 12 - - (4) Day care centres and preschools P 14 4.12.4 360(2) 12(3) 6 4.5 3(1) 70 12 50 (5) Farmers’ Markets D 28 235 6 6 4.5 3(1) - - 12 - - (6) Health care clinics P 28 235 6 6 4.5 3(1) - - 12 - - (7) Medical, dental and optical laboratories P 5 235 (8) Parking lots D - - - - 3 3 3 - - 12 - - (9) Private schools P 18 - - - - - - 4.5 3(1) - - 12 - - (12) Race tracks D 235 6 6 4.5 3(1) - - 12 - -


Table 6-6: CS – Community Service District Development Standards for the City of Martensville

Principal Use


Designation

Parking C

ategory


Minim

um

Site Area

(m2)

Minim

um

Site Width

(m)

Minim

um

Front Yard (m

)

Minim

um

Rear Yard

(m)

Minim

um

Side Yard (m

)

Minim

um

Bldg Floor

Area (m

2)

Maxim

um

Bldg H

eight (m

)

Maxim

um

Site Cvg (%

)

(13) Restaurants and lounges accessory to a public or commercial recreation facility D 28 3.10.4(8) 235 6 6 4.5 3(1) - - 12 - -

(14) Retail stores accessory to a public or commercial recreation facility D 28 235 6 6 4.5 3(1) - - 12 - -

(15) Tourist campground D 0 235 6 6 4.5 3(1) - - 12 - -

Use Designations:

(P) - Permitted Use means a use or form of development allowed as of right in a zoning district, subject to the regulations

contained in this Bylaw.

(D) - Discretionary Use A use or form of development specified in this Bylaw, which may be allowed

following application to, and approval of the Council; and which complies with the development standards laid out in Section 6.6.5 and others as required by

Council and/or contained in this Bylaw. Special limitations and standards regarding Table 6-6 and the CS district:

(1) or ½ the height of the side wall, whichever is greater (2) where the site is serviced by a lane, otherwise, 450 (3) where the site is serviced by a lane, otherwise, 15


6.7 C1 – NEIGHBOURHOOD CENTRE COMMERCIAL DISTRICT 6.7.1 Purpose

The objective of the C1 – Neighbourhood Centre Commercial district is to facilitate mixed use commercial and residential developments which are pedestrian oriented.





Council will consider discretionary use applications in the C1 district with respect to Section 3.10.3 – General Discretionary Use Evaluation Criteria, Section 3.10.4 – Use Specific Discretionary Use Evaluation Criteria, as may be applicable, and additional evaluation criteria and development standards that follows in this section.

6.7.6 Building Orientation

Buildings shall incorporate grade level direct entrances and clear glazing into the design of new buildings.

6.7.7 Gross Floor Space Ratio

The gross floor space ratio shall not exceed 2.5:1. 6.7.8 Off-Street Parking and Loading Off-street parking and loading requirements are subject to Section 4.10. 6.7.9 Outside Storage Outside storage, including waste material storage, is subject to Section 4.15. 6.7.10 Landscaping Landscaping is subject to Section 4.24.


Table 6-7: C1 – Neighbourhood Centre Commercial District Development Standards for the City of Martensville

Principal Use


Designation

Parking C

ategory


Minim

um

Site Area

(m2)

Minim

um

Site Width

()

Maxim

um

Front Yard (m

)

Minim

um

Side Yard (m

)

Minim

um

Rear Yard

(m)

Maxim

um

Bldg H

eight (m

)

Commercial Uses (1) Bakeries with retail sales P 0 300 7.5 (1) 0 7.5 12(2)

(2) Financial institutions P 0 300 7.5 (1) 0 7.5 12(2)

(3) Fitness Centres P 0 300 7.5 (1) 0 7.5 12(2)

(4) Health care clinics P 0 300 7.5 (1) 0 7.5 12(2)

(5) Medical, dental and optical labs P 0 300 7.5 (1) 0 7.5 12(2)

(6) Offices and office buildings P 0 300 7.5 (1) 0 7.5 12(2)

(7) Personal service shops P 0 300 7.5 (1) 0 7.5 12(2)

(8) Photography studios P 0 300 7.5 (1) 0 7.5 12(2)

(9) Restaurants, with or without associated lounges P 0 300 7.5 (1) 0 7.5 12(2)

(10) Retail stores P 0 300 7.5 (1) 0 7.5 12(2)

(11) Shopping centres P 0 4.12.12 300 7.5 (1) 0 7.5 12(2)

Residential Uses (1) Multiple unit dwellings(3) P 2 4.12.9 300 7.5 (1) 0 7.5 13(2)

Use Designations:



Special limitations and standards regarding Table 6-7 and the C1 district:

(1) not less than 75% of the building width shall be within 1.0 metre of the front property line (2) the maximum building height shall be 12 metres and not more than three storeys. building height for a multiple unit dwelling with a hip, gable or gambrel

roof, shall be measured from grade to the mean height level between the eaves and the ridge. (3) multiple unit dwellings shall not be located at grade.


6.8 C2 – HIGHWAY COMMERCIAL DISTRICT 6.8.1 Purpose

The purpose of the C2 – Highway Commercial district is to provide for a range of highway commercial uses that serve motor vehicle oriented consumers.


Council will consider discretionary use applications in the C2 district with respect to Section 3.10.3 – General Discretionary Use Evaluation Criteria, Section 3.10.4 – Use Specific Discretionary Use Evaluation Criteria, as may be applicable, and additional evaluation criteria and development standards that follows in this section.



Table 6-8: C2 – Highway Commercial District Development Standards for the City of Martensville

Principal Use


Designation

Parking C

ategory


Minim

um

Site Area

(m2)

Minim

um

Site Width

(m)

Minim

um

Front Yard (m

)

Minim

um

Rear Yard

(m)

Minim

um

Side Yard (m

)

Commercial Uses (1) Ambulance stations P 21 550 15 6 0(1) 1.5 (2) Auto body shops D 5 3.10.4(10) 550 15 6 0(1) 1.5

(3) Automobile, marine, recreational vehicle, agricultural equipment, and mobile home sales and service establishments P 5 550 15 6 0(1) 1.5

(4) Automotive and industrial supply stores P 5 550 15 6 0(1) 1.5 (5) Bakeries with retail sales P 5 550 15 6 0(1) 1.5 (6) Bingo halls P 8 1100 30 6 0(1) 1.5 (7) Boarding kennels D 5 4.9.9 550 15 6 0(1) 1.5 (8) Bus terminals P 5 1100 30 6 0(1) 1.5 (9) Car washes P 19 1100 30 6 0(1) 1.5 (10) Clubs P 5 550 15 6 0(1) 1.5 (11) Commercial recreation facilities P 5 550 15 6 0(1) 1.5 (12) Consignment centres D 5 550 15 6 0(1) 1.5 (13) Construction trades P 5 550 15 6 0(1) 1.5 (14) Day care centres and preschools D 12 4.12.3 550 15 6 0(1) 1.5 (15) Dry cleaning establishments P 5 550 15 6 0(1) 1.5 (16) Financial institutions P 5 550 15 6 0(1) 1.5 (17) Freight handling facilities D 4 3.10.4(10) 1100 30 6 0(1) 1.5 (18) Funeral homes and crematoriums P 15 550 15 6 0(1) 1.5 (19) Gas bars P 5 4.12.10 550 15 6 0(1) 1.5 (20) Health care clinics P 5 550 15 6 0(1) 1.5 (21) Hotels and motels P 9 1675 30 15 0(1) 1.5 (22) Indoor storage rental facilities D 4 1100 30 6 0(1) 1.5

(23) Lumber yards, home improvement centres, and building supply establishments P 4 1100 30 6 0(1) 1.5

(24) Medical, dental and optical laboratories P 5 550 15 6 0(1) 1.5



Principal Use


Designation

Parking C

ategory


Minim

um

Site Area

(m2)

Minim

um

Site Width

(m)

Minim

um

Front Yard (m

)

Minim

um

Rear Yard

(m)

Minim

um

Side Yard (m

)

(25) Nightclubs and taverns D 8 3.10.4(5) 550 15 6 0(1) 1.5 (26) Nurseries, greenhouses, and garden centres P 4 550 15 6 0(1) 1.5 (27) Offices and office buildings P 5 550 15 6 0(1) 1.5 (28) Parking lots P 0 4.12.13 550 15 6 0(1) 1.5 (29) Personal service shops P 5 550 15 6 0(1) 1.5 (30) Pet grooming establishments P 5 550 15 6 0(1) 1.5 (31) Photography studios P 5 550 15 6 0(1) 1.5 (32) Places of worship P 15 550 15 6 0(1) 1.5 (33) Printing plants and newspaper offices P 4 550 15 6 0(1) 1.5 (34) Public recreational facilities P 22 550 15 6 0(1) 1.5 (35) Radio and television stations P 5 550 15 6 0(1) 1.5 (36) Recycling collection depots D 4 550 15 6 0(1) 1.5 (37) Repair services restricted to household goods and appliances P 5 550 15 6 0(1) 1.5 (38) Restaurants, with or without associated lounges P 8 550 15 6 0(1) 1.5 (39) Retail stores P 5 550 15 6 0(1) 1.5 (40) Service stations and public garages P 5 1100 30 6 0(1) 1.5 (41) Shopping centres P 5 1100 30 6 0(1) 1.5 (42) Taxidermy and accessory tanning of hides D 5 3.10.4(10) 550 15 6 0(1) 1.5 (43) Telecommunication towers D 5 550 15 6 0(1) 1.5 (44) Theatres P 8 550 15 6 0(1) 1.5 (45) Trucking operations D 4 1100 30 6 0(1) 1.5 (46) Veterinary clinics and animal hospitals P 5 550 15 6 0(1) 1.5 (47) Warehouses D 4 3.10.4(10) 1100 30 6 0(1) 1.5 (48) Welding and machine shops D 4 3.10.4(10) 550 15 6 0(1) 1.5 (49) Wholesale establishments P 4 1100 30 6 0(1) 1.5

Residential Uses (1) Dwelling units accessory to permitted uses and integrated as part P 1 (2) (2) (2) 0(1) 1.5



Principal Use


Designation

Parking C

ategory


Minim

um

Site Area

(m2)

Minim

um

Site Width

(m)

Minim

um

Front Yard (m

)

Minim

um

Rear Yard

(m)

Minim

um

Side Yard (m

)

of a principal building Other Uses

(1) Municipal facilities P 0 - - - - - - - - - - (2) Parks and playgrounds P 0 - - - - - - 0(1) 1.5

(3) Public works excluding warehouses, storage yards and sewage lagoons P 0 - - - - - - - - - -

Use Designations:



Special limitations and standards regarding Table 6-8 and the C2 district:

(1) minimum 4.5 m where the rear line of any site abuts any Residential district without an intervening street or lane or where a water or sewer easement is registered on the title, the width of the easement, whichever is greater.


6.9 C2A – ARTERIAL COMMERCIAL DISTRICT 6.9.1 Purpose

The purpose of the C2A – Arterial Commercial district is to provide for development in the form of a range of commercial uses with a primary focus on retail activity and other compatible uses.


Council will consider discretionary use applications in the C2A district with respect to Section 3.10.3 – General Discretionary Use Evaluation Criteria, Section 3.10.4 – Use Specific Discretionary Use Evaluation Criteria, as may be applicable, and additional evaluation criteria and development standards that follows in this section.



Table 6-9: C2A – Arterial Commercial District Development Standards for the City of Martensville

Principal Use


Designation

Parking C

ategory


Minim

um

Site Area

(m2)

Minim

um

Site Width

(m)

Minim

um

Front Yard (m

)

Minim

um

Rear Yard

(m)

Minim

um

Side Yard (m

)

Maxim

um

Bldg H

eight (m

)

Commercial Uses

(1) Auto parts sales (automotive, marine and recreational equipment) P 5 550 15 6 0(1) 1.5 12(2)

(2) Bakeries with retail sales P 5 550 15 6 0(1) 1.5 12(2)

(3) Car washes D 19 1100 30 6 0(1) 1.5 12(2)

(4) Clubs P 5 550 15 6 0(1) 1.5 12(2)

(5) Commercial recreation facilities P 5 550 15 6 0(1) 1.5 12(2)

(6) Consignment centres D 5 550 15 6 0(1) 1.5 12(2)

(7) Construction trades (retail and office only no outside storage) P 5 550 15 6 0(1) 1.5 12(2)

(8) Day care centres D 12 4.12.3 550 15 6 0(1) 1.5 12(2)

(9) Dry cleaning establishments P 5 550 15 6 0(1) 1.5 12(2)

(10) Financial institutions P 5 550 15 6 0(1) 1.5 12(2)

(11) Fitness centres P 5 550 15 6 0(1) 1.5 12(2) (12) Funeral homes P 15 550 15 6 0(1) 1.5 12(2)

(13) Gas bars P 5 4.12.10 550 15 6 0(1) 1.5 12(2)

(14) Greenhouse and garden centres P 12(2)

(15) Health care clinics P 5 550 15 6 0(1) 1.5 12(2)

(16) Hotels and motels P 9 1675 30 15 0(1) 1.5 12(2)

(17) Lumber yards, home improvement centres, and building supply establishments P 4 1100 30 6 0(1) 1.5 12(2)

(18) Medical, dental and optical laboratories P 5 550 15 6 0(1) 1.5 12(2)

(19) Nightclubs and taverns P 8 3.10.4(5) 550 15 6 0(1) 1.5 12(2)

(20) Offices and office buildings P 5 550 15 6 0(1) 1.5 12(2)

(21) Parking lots P 12(2)

(22) Personal service shops P 5 550 15 6 0(1) 1.5 12(2)

(23) Photography studios P 5 550 15 6 0(1) 1.5 12(2)

(24) Repair services restricted to household goods and appliances P 5 550 15 6 0(1) 1.5 12(2)


Table 6-9: C2A – Arterial Commercial District Development Standards for the City of Martensville

Principal Use


Designation

Parking C

ategory


Minim

um

Site Area

(m2)

Minim

um

Site Width

(m)

Minim

um

Front Yard (m

)

Minim

um

Rear Yard

(m)

Minim

um

Side Yard (m

)

Maxim

um

Bldg H

eight (m

)

(25) Restaurants, with or without associated lounges P 8 550 15 6 0(1) 1.5 12(2)

(26) Retail stores P 5 550 15 6 0(1) 1.5 12(2)

(27) Shopping centres P 5 1100 30 6 0(1) 1.5 12(2)

(28) Theatres P 8 550 15 6 0(1) 1.5 12(2)

(29) Veterinary clinics and animal hospitals P 5 550 15 6 0(1) 1.5 12(2)

Other Uses (1) Community centres P 4 550 15 6 0(1) 1.5 12(2)

(2) Cultural institutions P 4 550 15 6 0(1) 1.5 12(2)

(3) Municipal facilities P 0 - - - - - - - - - - - -

(4) Multiple unit dwellings(3) P 2 4.12.9 550 15 6 0(1) 1.5 13(2)

(5) Parks and playgrounds P 0 - - - - - - 0(1) 1.5 12(2)

(6) Places of worship P 15 550 15 6 0(1) 1.5 12(2)

(7) Public recreational facilities P 22 450 15 6 0(1) 1.5 12(2)

(8) Public works excluding warehouses, storage yards, and sewage lagoons P 0 - - - - - - - - - - - -

Use Designations:



Special limitations and standards regarding Table 6-9 and the C2A district:

(1) minimum 4.5 m where the rear line of any site abuts any Residential district without an intervening street or lane.


(2) the maximum building height shall be 12 metres and not more than three storeys. building height for a multiple unit dwelling with a hip, gabel or gambrel roof, shall be measured from grade to the mean height level between the eaves and the ridge.

(3) multiple dwellings shall not be located at grade


6.10 MU – MIXED USE DISTRICT 6.10.1 Purpose

The purpose of the MU – Mixed Use District is to facilitate a mix of land uses, which may include a limited range of commercial and institutional uses, as well as higher density residential uses, that are generally compatible with residential land uses, in proximity to the downtown area or other community centres.





Council will consider discretionary use applications in the MU district with respect to Section 3.10.3 – General Discretionary Use Evaluation Criteria and to Section 3.10.4 – Use Specific Discretionary Use Evaluation Criteria and to additional evaluation criteria and development standards that follows in this section.



Table 6-10: MU – Mixed Use District Development Standards for the City of Martensville

Principal Use


Designation

Parking C

ategory


Minim

um

Site Area

(m2)

Minim

um

Site Width

(m)

Minim

um

Front Yard (m

)

Minim

um

Rear Yard

(m)

Minim

um

Side Yard (m

)

Minim

um

Bldg Floor

Area (m

2)

Maxim

um

Site Cvg (%

)

Residential Uses (1) Boarding houses D 6 550 15 6 4.5 1.2(1) 50(2)

(2) Dwelling groups D 2 3.10.4(3) 4.12.7 550 15 6 4.5 1.2(1) 40 / unit 50(2)

(3) Dwelling units in conjunction with and attached to any other permitted use P 2 4.12.9 (3) (3) (3) (3) (3) (3) (3)

(4) Multiple unit dwellings P 2 4.12.9 550 15 6 4.5 1.2(1) 40 / unit 50(2)

(5) Residential care homes – type I and II D 6 4.12.3 225(4) 7.5 6 4.5 1.2(5) 70 50

(6) Semi-detached dwellings D 1 225(4) per unit

7.5 per unit 6 4.5 1.2(5) 46 / unit 50

(7) Single detached dwellings D 1 360(6) 12(11) 6 4.5 1.2 70(7) 50 (8) Special care homes P 6 550 15 6 4.5 1.2(1) - - 50 (9) Two-unit dwellings D 1 450(8) 15 6 4.5 1.2 46 / unit 50

Commercial Uses (1) Adult day cares – type I and II P 14 4.12.3 235 7.5 6 0(9) 0(10) - - 50 (2) Bakeries with retail sales P 5 235 6 0 0(9) 0(10) - - - - (3) Bed and breakfast homes D 3 4.12.2 360(6) 12(11) 6 4.5 1.2 70(7) 50 (4) Clubs P 5 235 6 0 0(9) 0(10) - - - - (5) Commercial recreation facilities D 22 3.10.4(2) 235 6 0 0(9) 0(10) - - - - (6) Day care centres and preschools P 12 4.12.4 235 6 0 0(9) 0(10) - - - - (7) Health care clinics P 5 235 6 0 0(9) 0(10) - - - - (8) Home based businesses – type I P 0 4.12.6 Same as home (9) Home based businesses – type II D 0 4.12.6 Same as home (10) Medical, dental and optical laboratories P 5 235 6 0 0(9) 0(10) - - - - (11) Offices and office buildings P 5 235 6 0 0(9) 0(10) - - - - (12) Parking lots D 0 4.12.13 235 6 0 0(9) 0(10) - - - - (13) Personal service shops P 5 235 6 0 0(9) 0(10) - - - -


Table 6-10: MU – Mixed Use District Development Standards for the City of Martensville

Principal Use


Designation

Parking C

ategory


Minim

um

Site Area

(m2)

Minim

um

Site Width

(m)

Minim

um

Front Yard (m

)

Minim

um

Rear Yard

(m)

Minim

um

Side Yard (m

)

Minim

um

Bldg Floor

Area (m

2)

Maxim

um

Site Cvg (%

)

(14) Photography studios P 5 235 6 0 0(9) 0(10) - - - - (15) Restaurants, without associated lounges D 8 3.10.4(8) 235 6 0 0(9) 0(10) - - - - (16) Retail stores P 5 235 6 0 0(9) 0(10) - - - -

Community Service and Other Uses (1) Ambulance stations D 21 3.10.4(7) 235 6 0 0(9) 0(10) - - - - (2) Community centres P 4 550 15 0 0(9) 0(10) - - - - (3) Cultural institutions P 4 235 6 0 0(9) 0(10) - - - - (4) Custodial care facilities D 6 4.12.3 550 15 6 4.5 1.2(1) - - 50 (5) Educational institutions D 17 235 6 0 0(9) 0(10) - - - - (6) Municipal facilities P 0 - - - - 0 0(9) 0(10) - - - - (7) Parks and playgrounds P 0 - - - - 0 0(9) 0(10) - - - - (8) Places of worship P 15 550 15 0 0(9) 0(10) - - - - (9) Private schools D 17 550 15 0 0(9) 0(10) - - - - (10) Public elementary and secondary schools D 17, 18 4.12.5 550 15 0 0(9) 0(10) - - - - (11) Public recreation facilities D 22 3.10.4(2) 550 15 0 0(9) 0(10) - - - -

(12) Public works excluding warehouses, storage yards and sewage lagoons P 0 - - - - 0 0(9) 0(10) - - - -

Use Designations:



Special limitations and standards regarding Table 6-10 and the MU district:

(1) except for corner sites, where it shall be 2.0 adjacent to a flanking street with a road right of way measuring less than 18 m in width


(2) site coverage may be increased to 60% where more than 50% of the required parking is provided underground or is enclosed as part of the principal building.

(3) for dwelling units attached to and in conjunction with any other permitted use, the minimum site area, minimum site width, minimum front yard, minimum side yard, and minimum rear yard shall be the same as the standards for the relevant principal use.

(4) where the site is serviced by a lane; otherwise 315 (5) except that no side yard is required where a common wall divides two dwelling units (6) where the site is serviced by a lane; otherwise 450 (7) except for two storey dwellings, where it shall be 58 (8) where the site is serviced by a lane, otherwise 630 (9) where the rear yard abuts any Residential district or any site where the principal use is residential, without an intervening street or lane, the minimum

shall be 4.5 (10) where the side yard abuts any Residential district or any site where the principal use is residential, without an intervening street or lane, the minimum

shall be 1.5 (11) where the site is serviced by a lane, otherwise 15


6.11 M – INDUSTRIAL DISTRICT 6.11.1 Purpose

The purpose of the M – Industrial District is to provide for development in the form of a range of industrial and other compatible uses.





Council will consider discretionary use applications in the M district with respect to Section 3.10.3 – Discretionary Use General Evaluation Criteria and to Section 3.10.4 – Discretionary Use Specific Evaluation Criteria and to additional evaluation criteria and development standards that follows in this section.



Table 6-11: M – Industrial District Development Standards for the City of Martensville

Principal Use


Designation

Parking C

ategory


Minim

um

Site Area

(m2)

Minim

um

Site Width

(m)

Minim

um

Front Yard (m

)

Minim

um

Rear Yard

(m)

Minim

um

Side Yard (m

)

Industrial / Commercial Uses (1) Airports D 4 1115 25 4.5 3 3(1) (2) Auction markets, excluding livestock auction facilities P 4 1115 25 4.5 3 3(1) (3) Auto body shops D 11 3.10.4(10) 465 15 4.5 3 3(1)

(4) Automobile, marine, recreational vehicle and equipment, agricultural equipment, and mobile home sales and service establishments

P 4 465 15 4.5 3 3(1)

(5) Boarding kennels D 11 4.9.9 465 15 4.5 3 3(1) (6) Bulk fertilizer operations D 11 3.10.4(18) 1115 25 4.5 3 3(1) (7) Bulk fuel storage depot D 11 3.10.4(18) 1115 25 4.5 3 3(1) (8) Bus and other transportation terminals and yards P 4 465 15 4.5 3 3(1) (9) Car washes P 11 465 15 4.5 3 3(1)

(10) Commercial recreation facilities P 11 3.10.4(2) 465 15 4.5 3 3(1) (11) Construction yards P 11 465 15 4.5 3 3(1) (12) Distilleries, wineries and breweries P 11 465 15 4.5 3 3(1)

(13) Dwelling units accessory to a principal use and integrated as part of the principal building, for the use of caretakers, owners or managers

D 1 4.12.19 3.10.4(16)

(2) (2) (2) (2) (2)

(14) Foundry works and boiler works D 11 1115 25 4.5 3 3(1) (15) Freight handling D 11 3.10.4(10) 465 15 4.5 3 3(1) (16) Gas bars P 5 465 15 4.5 3 3(1) (17) General industrial uses P 4 465 15 4.5 3 3(1) (18) Indoor storage rental facilities D 11 3.10.4(12) 465 15 4.5 3 3(1) (19) Industrial complexes P 4 4.12.12 465 15 4.5 3 3(1) (20) Junk yards and auto wreckers D 11 3.10.4(17) 1115 25 4.5 3 3(1) (21) Light manufacturing D 11 3.10.4(11) 465 15 4.5 3 3(1) (22) Lumber yards and building supply establishments D 4 3.10.4(9) 465 15 4.5 3 3(1) (23) Nurseries, greenhouses and garden centres P 4 1115 25 4.5 3 3(1) (24) Parking lots P 0 465 15 4.5 3 3(1)


Table 6-11: M – Industrial District Development Standards for the City of Martensville

Principal Use


Designation

Parking C

ategory


Minim

um

Site Area

(m2)

Minim

um

Site Width

(m)

Minim

um

Front Yard (m

)

Minim

um

Rear Yard

(m)

Minim

um

Side Yard (m

)

(25) Processing of hazardous materials and waste D 11 1115 25 4.5 3 3(1) (26) Public garages P 4 465 15 4.5 3 3(1) (27) Recycling depots P 11 465 15 4.5 3 3(1) (28) Sand and gravel operations and gravel yards D 11 1115 25 4.5 3 3(1) (29) Service stations P 4 465 15 4.5 3 3(1) (30) Telecommunication towers D 4 - - - - 4.5 3 3(1) (31) Warehouses P 11 465 15 4.5 3 3(1) (32) Welding and machine shops D 11 3.10.4(10) 465 15 4.5 3 3(1) (33) Wholesale establishments P 11 465 15 4.5 3 3(1)

Other Uses (1) Municipal facilities P 0 - - - - - - - - - - (2) Parks and playgrounds P 0 - - - - - - - - - - (3) Public works excluding sewage lagoons P 0 - - - - - - - - - -

Use Designations:


D) - Discretionary Use A use or form of development specified in this Bylaw, which may be allowed following application to, and approval of the Council; and which complies with the development standards contained in Section 6.10.5 and others as required by Council and/or contained in this Bylaw.

Special limitations and standards regarding Table 6-11 and the M district: (1) except for corner sites, where the minimum side yard shall be 4.5 metres adjacent to the flanking street (2) For dwelling units attached to and in conjunction with any other permitted use, the minimum site area, minimum site width, minimum front yard, minimum

side yard, and minimum rear yard shall be the same as the standards for the relevant principal use.


6.12 FUD – FUTURE URBAN DEVELOPMENT DISTRICT 6.12.1 Purpose

The purpose of the FUD – Future Urban Development District is to provide for interim land uses where the future use of the land or the timing of development is uncertain due to issues of servicing, transitional use or market demand.





Council will consider discretionary use applications in the FUD district with respect to Section 3.10.3 – General Discretionary Use Evaluation Criteria and to Section 3.10.4 – Use Specific Discretionary Use Evaluation Criteria and to additional evaluation criteria and development standards that follows in this section.



Table 6-12: FUD – Future Urban Development District Development Standards for the City of Martensville

Principal Use


Designation

Parking C

ategory


Minim

um

Site Area

(m2)

Minim

um

Site Width

(m)

Minim

um

Front Yard (m

)

Minim

um

Side Yard (m

)

Minim

um

Rear Yard

(m)

Maxim

um

Bldg H

eight (m

)

Maxim

um

Site Cvg (%

)

Residential Uses (1) Home based businesses – type I P 0 4.12.6 Same as home (2) Home based businesses – type II D 0 4.12.6 Same as home (3) Single detached dwellings D 0 360(1) 12(2) 6 1.2(3) 4.5 12 50

Other Uses

(1) Agricultural uses including crop farming, grazing and pasturage, and cultivation of land, but not including intensive livestock or poultry operations

P 0 5000 - - 6 3 6 12 - -

(2) Cemeteries D 0 - - - - 6 3 6 12 - -

(3) Intensive agricultural uses, nurseries, greenhouses and garden centres D 0 3.10.4(15) 5000 - - 6 3 6 12 25

(4) Municipal facilities P 0 - - - - 6 3 6 - - - - (5) Public works excluding sewage lagoons P 0 - - - - 6 3 6 - - - - (6) Sand and gravel operations D 0 5000 - - 6 3 6 12 - - (7) Sports fields, parks and golf courses D 0 3.10.4(14) 5000 - - 6 3 6 12 - - (8) Telecommunication towers D 0 - - - - 6 3 6 15 - - (9) Wind energy facilities (one turbine) D 0 4.12.14 5000 - - 6 3 6 12 - -


(D) - Discretionary Use A use or form of development specified in this Bylaw, which may be allowed following application to, and approval of the Council; ; and which complies with the development standards contained in Section 6.11.5 and which complies with the development standards as required by Council and contained in this Bylaw.

Special limitations and standards regarding Table 6-12 and the FUD district: (1) where the site is serviced by a lane; otherwise 450 (2) where the site is serviced by a lane; otherwise 15 (3) except for corner sites, where it shall be 2.0 adjacent to a flanking street with a road right of way measuring less than 18 metres in width


7 MAPS

1

CITY OF MARTENSVILLE WASTE BYLAW BYLAW 18-2015

A BYLAW OF THE CITY OF MARTENSVILLE TO REGULATE WASTE.

THE COUNCIL OF THE CITY OF MARTENSVILLE IN THE PROVINCE OF SASKATCHEWAN, ENACTS AS FOLLOWS:

PART 1 General Matters

Short Title

1. This Bylaw may be cited as The Waste Bylaw.

Purpose

2. The purpose of this Bylaw is to protect the health and welfare of people and provide forthe abatement of nuisances and the protection of the environment by regulating andmonitoring the collection, handling and disposal of waste and recyclable material withinthe City.

Definitions

3. In this Bylaw:

a) “Approved Container” a container that meets the requirements of this Bylawand that has been approved for use in the City by the Director of Infrastructureand Planning;

b) “Automated Collection” the collection of waste by a system of mechanicallifting and tipping of containers in specially designed vehicles;

c) “Bin” an approved container made of metal of a size greater than on half cubicmetre that is capable of automated collection;

d) “City” the City of Martensville;

e) “Commercial Cooking Grease Container” an approved container used fordisposal of commercial cooking grease;

2

f) “Commercial Premise” a premise principally used for the conduct of a profession,

business or undertaking, and includes any premise that is not a residence or the premises connected therewith, but does not include an industrial or institutional premises;

g) “Commercial Waste Container” an approved container for use at commercial

premises, capable of automated collection, and includes a bin, roll-out cart and a stationary container;

h) “Council” the council of the City;

i) “Director of Infrastructure & Planning” the Director, or designate responsible for

coordinating and providing a range of municipal services which includes environment health and safety;

j) “Dwelling” a building used or intended for residential occupancy, and may

include a Modular Dwelling or a Ready-to-Move Dwelling or a Manufactured Home, but excluding Mobile Home, as herein;

k) “Dwelling, Multiple-Unit” means a building divided into three or more dwelling

units as herein defined and shall include town or row houses and apartment dwellings, but does not include and institutional premise;

l) “Garbage Can” a container for manual waste collection that meets the

requirement of this Bylaw;

m) “Hazardous Waste” means a substance designated in accordance with the Saskatchewan, “Hazardous Substances and Waste Dangerous Goods Regulations”

n) “Home-Based Business” means a home-based business as defined in the City’s

Zoning Bylaw No. 1-2015 (the “Zoning Bylaw”);

o) “Household Waste” means waste originating from domestic activities at a residence, and includes:

(i) putrescible organic waste produced as a by-product of the handling,

preparation, cooking, consumption or storage of food;

(ii) non-putrescible materials, including packaging material, clothing, containers, paper products, small appliances, household items, diapers;

3

(iii) non-hazardous remains, by-products, or discarded materials; and

(iv) yard waste including grass clippings, leaves, branches, trees, garden

matter, soil, sod or dirt;

p) “Industrial Premise” means a premise principally used for manufacturing, processing, assembling, cleaning, servicing, repairing, testing, storage, distribution or warehousing of materials, goods or equipment;

q) “Institutional Premise” means a premise principally used as a temporary place of

abode and includes a hotel, motel, school, church, prison, senior citizens home, special care home, community home and hospital but does not include a residence as defined in this Bylaw;

r) “Liquid Waste Containing Grit” means liquid waste that contains solid matter,

including ashes, cinders, sand, stone or any other solid or viscous substance that may impair the operations of the sanitary sewer system;

s) “Manual Waste Collection” means collecting waste from garbage cans by

manually tipping into a waste collection vehicle;

t) “Municipal Inspector” means a person appointed by the Director of Infrastructure and Planning to act as a municipal inspector for the purposes of this Bylaw;

u) “Putrescible” means waste that is capable of decomposing with sufficient rapidity

so as to cause a nuisance from odours or gases, or that is likely to attract birds, insects, snakes, rodents or other animals, or that may otherwise be a health risk;

v) “Recyclable Material” means any material collected for the purpose of recycling or

reuse;

w) “Recycling Container” means an approved container for collecting recyclable material;

x) “Residence” means a dwelling of any type as defined in the Zoning Bylaw;

y) “Residential Waste Container” means an approved container for use at residential premises, and includes a roll-out cart, stationary container or bin;

4

z) “Roll-Out Cart” means a container on wheels approximately 0.5 cubic metres in volume and designed for automated collection;

aa) “Service Provider” means a contractor that has been appointed by the City to

pick up the waste;

aa) “Special Collection Area” means an area prescribed by the Director of Infrastructure and Planning where, because of its configuration, normal collection practices are impractical, and includes areas such as a cul-de-sac;

bb) “Special Waste” means waste that contains;

(i) Manure; (ii) Pig Hair;

(iii) Wire;

(iv) Liquid waste containing grit; and

(v) Any other waste that the Director of Infrastructure and Planning determines

requires special handling.

cc) “Stationary Container” means a container intended to be used for waste collection from more than one residence or for commercial use;

dd) “Unacceptable Waste” means; Hazardous Waste, Liquids; and Tires

ee) “Waste” means any discarded organic or inorganic material, including household

waste, special waste and unacceptable waste that:

(vi) the owner or possessor thereof does not wish to retain;

(vii) must be disposed of due to health reasons; or

(viii) must be disposed of to ensure that the amenity of the area in which it exists is not adversely affected;

ff) “Waste Container” means any container approved for waste collection, and

includes a bin, roll-out cart, stationary container, garbage can, residential waste container, commercial waste container and a commercial cooking grease container; and;

5

gg) “Waste Management Centre” means the provincially –approved landfill for the disposal of waste;

hh) “Yard Waste” shall mean garden trimmings, hedge trimmings, leaves, fallen leaves,

brush, vegetable and plant matter, grass clippings, twigs, tree branches and limbs up to 40 centimetres in diameter and 2 meters in length;

ii) “Yard Waste Depot” means a location designated by the City of Martensville at

which residents or their agents may drop off identified yard material and bagged grass clippings in accordance with posted regulations;

jj) “Yard Waste Collection Receptacles” shall include paper yard waste bags, and

certified compostable bags, but shall not include polyethylene bags. The certified compostable bags are to be certified by Biodegradable Products Institute (BPI), US Composting Council, or Bureau de Normalisation du Quebec (BNQ);

Part II General Provisions for the Collection and Disposal of Waste

Accumulation of Waste Prohibited

4. No owner or occupant of any land or building shall allow waste of any kind to accumulate in or on the land or building, except as permitted in the Bylaw.

Depositing Waste on Public or Private Property

5. No person shall dispose of waste anywhere in the City other than in a waste container or

at a Provincially-approved Waste Management Centre. 6. No person shall dispose of special waste anywhere in the City except at a Provincially-

approved waste disposal centre. 7. A person who has placed waste contrary to the provisions of this Bylaw shall remove the

waste or cause the waste to be removed upon being directed to do so by the owner or occupant of the land, the Director of Infrastructure and Planning, a Medical Health Officer, the Fire Chief, peace officer or Bylaw Officer.

6

8. If the identity of the person who placed waste on the land contrary to the provisions of

the Bylaw cannot reasonably be ascertained, the owner or occupant of the land shall remove the waste or cause the waste to be removed upon being directed to do so by the Director of Infrastructure and Planning, a Medical Health Officer, the Fire Chief, peace officer or Bylaw Officer.

Waste Containers

9. The owner of property shall ensure that there is unobstructed access to waste containers,

unless other arrangements are first made with the Director of Infrastructure and Planning. 10. No owner or occupant of a property that is assigned:

(a) a bin shall place waste in any waste container except in the container assigned to

that property;

(b) a stationary container shall place waste in any bin or roll-out cart; or

(c) a roll-out cart shall place waste in any waste container except the waste container assigned to that property.

11. No person other than

(a) the owner, occupant or operator of a property to which a waste container is

assigned;

(b) a person permitted by the owner, occupant or operator of a property to which a waste container is assigned; or

(c) the City,

shall disturb or disrupt the contents of a waste container.

12. Unless other arrangements are first made with the Director of Infrastructure and

Planning, no person shall:

(a) deposit special or unacceptable waste into any waste container; or

(b) allow any waste container to remain on a public right-of-way for more than 24 hours.

7

13. Service providers may refuse to empty any waste container that:

(a) is unclean or unsanitary;

(b) is improperly placed;

(c) is not accessible to service provider waste vehicle or employees;

(d) is locked or is in an enclosure that is locked;

(e) contains improperly prepared or placed waste, special waste or unacceptable

waste;

(f) poses a danger to the service provider’s employees;

(g) may cause damage to the service provider’s vehicle;

(h) in combination with its contents exceeds the allowed weight; or

(i) is not an approved waste container. Disposition of Waste and Recycling Material

14. No person other than:

(a) the owner, occupant or operator of a property to which a waste container is

assigned;

(b) a person permitted by the owner, occupant or operator of a property to which a waste container is assigned; or

(c) the City/Service provider; Shall remove any waste from a waste container, a

Waste Management Centre or a waste collection vehicle. Improperly Prepared or Placed Waste

16. Waste shall be prepared and placed in accordance with this Bylaw, unless other

arrangements are first made with the Director of Infrastructure and Planning.

8

17. No person shall:

(a) Locate skateboard ramps, basketball, hockey nets, or any other obstruction next to

the cart; (b) Paint on cart;

(c) Remove the cart from its assigned address;

(d) Refill or relocate your cart for extra pickups (e) pile waste above the top of a waste container;

(f) overfill a waste container so that the lid is not able to be close or that waste may fall

to the ground;

(g) place waste on top of a waste container; or

(h) place waste on the ground near a waste container. 18. The owner or occupant of a residence shall:

(a) thoroughly drain all household waste and wrap and securely tie it in paper or in a

plastic bag; (b) Bag all household trash and place inside the cart;

(c) Cut and bundle, or bag garden debris and place in cart

(d) fully quench ashes prior to disposal;

(e) flatten and bundle or bag cardboard for disposal;

(f) ensure waste does not exceed 0.5m in length;

(g) ensure that all putrescible waste is in a sealed bag or container; and

(h) ensure that all sharp or pointed objects are wrapped or contained.

9

Damage to Waste Containers

19. No person shall cause or permit any loss of or damage to a City-owned/leased waste

container. Conveyance of Waste through the City

20. (1) No person who transports or causes to be transported any waste in the City shall

allow the waste or any portion of it to escape from the vehicle.

(2) No person shall transport or cause to be transported any waste in the City unless proper measures, including at least one of the following, are taken to prevent the waste or any portion of it from escaping from the vehicle.

(a) the waste is in a covered container;

(b) the waste is covered with a tarpaulin or other suitable covering; or

(c) the waste is securely tied down or fastened.

21. (1) No person shall transport or cause to be transported in the City any offal from

slaughterhouses or butcher shops, or any swill or waste of an offensive nature unless the part of the vehicle containing the waste is:

(a) watertight;

(b) constructed in such manner that it is impossible for any part of the

contents to escape;

(c) covered so that flies cannot come in contact with the contents; and

(d) constructed in such a manner that offensive odours cannot escape.

(2) No person shall leave any vehicle carrying a full or partial load of waste parked overnight on a street or in any residential area.

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PART III

Waste Collection from Residence

Division I

General Provisions 23. The Director of Infrastructure and Planning shall determine the type of waste collection

to be provided to each residence in the city. 24. Unless otherwise stated in the Bylaw, Council shall determine the frequency of

collections to be provided to each residence in the City. 25. Residences with scheduled collections shall be provided with a collection schedule.

Additional Collections

26. Where the owner or occupant of a residence wishes to have additional collections, the

owner or occupant may arrange with the Service Provider for disposal of the additional waste. Such additional collections shall be billed at the commercial rates.

Division II

Automated Waste Collection from Roll-Out Carts

27. Where automated waste collection from roll-out carts is in effect:

(a) each residence shall be provided with one roll-our cart for the sole use of the owner or occupant of the residence; and

(b) roll-out carts shall not be removed from the residence by the owner or occupant,

or used for any purpose other than as permitted in this Bylaw. 28. Unless otherwise directed by the Director of Infrastructure and Planning, roll-out carts

shall be:

(a) set out at the curb by 7:00 a.m. on collection day and placed:

(i) at least 1 metre from any obstructions such as parked vehicles; and

(ii) so that they will not be likely to overturn;

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(b) removed from the street as soon as possible, and in any event within the time

prescribed in Section 12; and

(c) stored on the property of the residence when no placed out for collection 29. The Service provider may, at the time of collection or any other time, remove, repair or

replace any obsolete, damaged or non-serviceable roll-out cart. 30. Where the Director of Infrastructure and Planning has prescribed a special collection

area:

(a) a special collection area layout plan for roll-out cart placement shall be provided to each resident of the special collection area; and

(b) owners or occupants shall store and set out roll-out carts in accordance with the

special collection area plan and this Bylaw.

Division III Waste Collection from Bins

31. Unless the Director of Infrastructure and Planning determines otherwise, a multiple-unit,

dwelling unit shall use bins for waste collection residences shall use bins for waste collection.

(a) where the minimum frontage for a 2 dwelling unit is greater than 17m, the City

may require the use of residential roll-out carts;

(b) where the minimum frontage for a 3 dwelling unit is greater than 25m, the City may require the use of residential roll-out carts;

(c) where the minimum frontage for a 4 dwelling unit is greater than 33m, the City

may require the use of residential roll-out carts; 32. Bins shall be placed on the property of the multiple-unit dwelling as directed by the

Director of Infrastructure and Planning, and shall be:

(a) supplied by the City;

(b) maintained in a clean and sanitary state by the owner at the owner’s expense; and

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(c) placed at grade on a dry, firm, level surface;

(d) common on-site waste collection receptacles shall be accessible from the rear lane

of properties. In cases where rear lane access ins not available for waste collection, front street collection shall be permitted only when authorized in writing by the City of Martensville;

(e) multifamily common on site waste and recycling receptacles shall not be placed

on city property and shall not encroach on the prescribed setback area as per the zoning bylaw;

(f) where multifamily common on site waste and recycling receptacles are required,

no receptacle shall be placed more than 75 meters away from any individual unit’s main entrance, and shall be accessible by paved roads or paths;

(g) every owner/occupant shall at all times maintain adequate vehicular access to

their property for the purposes of on-site waste collection, including, but not limited to, removing snow and ice, prohibiting parking where required, and removal of any other obstacles.

33. Unless the Director of Infrastructure and Planning determines otherwise, all commercial

properties shall use bins for waste collection. 34. Bins shall be placed on the property of the commercial premises as directed by the

Director of Infrastructure and Planning, and shall be:

(a) supplied by the owner of the property and at the owner’s expense;

(b) maintained in a clean and sanitary state by the owner at the owner’s expense; and

(c) placed at grade on a dry, firm, level surface. Bin Construction Standards

35. (1) All bins shall be:

(a) constructed of metal or non-combustible material;

(b) capable of mechanical unloading;

(c) clearly marked “No Parking” on the loading face of the bin; and

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(d) equipped with a lid that is capable of being locked.

(2) The owner or occupant of the multiple-unit dwelling or commercial premise

shall ensure that the lid remains closed except while material is being deposited in the bin and while emptying the bin.

Bin Enclosures

36. (1) A bin may be stored in an enclosure where the enclosure has been approved by

the Director of Infrastructure and Planning.

(2) Where a bin is stored in a gated enclosure, all gates on the enclosure shall be secured in an open position for waste collection.

(3) Where the owner or operator of the property fails to secure gates in an open

position for collection and the Director of Infrastructure and Planning agrees to unload the bin before the next scheduled collection, the owner or operator of the property shall be responsible to make arrangements with the City’s service provider at their expense.

Minimum and Maximum Volume

37. Unless other arrangements are made with the Director of Infrastructure and Planning, the

owner or operation of a multiple-unit dwelling or commercial premise shall ensure that the ere are sufficient bins to provide a minimum of 0.15 cubic metres and a maximum of 0.3 cubic metres of bin space for each residence in the multiple-unit dwelling or commercial premise.

Collection Frequency

38. (1) Waste shall be collected by-weekly from bins used for residential waste

collection.

(2) Owners or occupants who required additional collections may arrange with the City’s service provider at their expense.

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Locked Bin Lids

39. An owner of a bin may keep the bin lid locked provided that:

(a) the owner or occupant unlocks the bin lid for collection purposes;

(b) the City shall not lock or unlock the bin lid;

(c) bins shall be unlocked by 7:00 a.m. on the scheduled collection day; and

40. Where the owner or operator of the property fails to unlock a bin for collection and the

Director of Infrastructure and Planning agrees to unload the bin before the next scheduled collection, the owner or operator of the property shall be responsible to make arrangements with the City’s service provider at their expense.

Part IV

Waste Collection from Commercial, Industrial and Institutional Premises

General Provisions

41. (1) All waste form commercial, institutional and industrial premises within the City

shall be disposed of at a Provincially-approved waste disposal site or recycling centre.

(2) No owner or operator of any commercial, institutional or industrial premises shall:

(a) dispose of commercial cooking grease except in a commercial cooking

grease container; or

(b) fail to maintain a commercial cooking grease container in a clean and sanitary state.

42. All private waste haulers operating within the City shall provide, in a format acceptable

to the Director of Infrastructure and Planning, annual reports of the volume and types of waste collected within City limits.

43. Commercial and Industrial Owners along with the Service Provider shall establish a

minimum collection frequency for all commercial, industrial and institutional premises to ensure that all waste is removed before it becomes unsightly or unsanitary.

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44. (1) The owner or operator of any commercial, industrial or institutional premise shall

ensure that any waste container is:

(a) equipped with a lid that is capable of being locked; and

(b) maintained in a sanitary state.

(2) The owner shall ensure that the lid remains closed except while material is being deposited into the waste container or the waste container is being emptied.

City Collecting Commercial, Industrial or Institutional Waste

45. The City’s service provider may enter into agreements to collect waste from commercial,

industrial or institutional premises. All such agreements shall, in addition to any other terms that the Director of Infrastructure and Planning may stipulate, contain the following terms:

(a) the waste container shall be clearly marked “No Parking” on the loading face;

(b) the owner of the premises shall provide locks;

(c) the City shall not lock or unlock the waste container;

(d) the owner shall ensure that the waste container is unlocked by 7:00 a.m. on the

scheduled collection day;

(e) for on-call collections, the waste container shall be unlocked by 7:00 a.m. on the day of collection; and

(f) where the owner fails to unlock the waste container for collection, the owner must

make arrangements to pick up at their expense. 46. unless other arrangements are made with the Director of Infrastructure and Planning, the

City shall not collect special waste or unacceptable waste from commercial, industrial or institutional premises.

Charges for Waste Removal

47. Commercial, industrial and institutional premises shall be responsible for their own waste

collection and waste containers at their expense.

Part V Other

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Waste Construction Waste

48. (1) Any owner or contractor carrying out the construction, alteration or demolition of

a building, structure or landscaping on any property shall:

(a) place all waste into a waste container or enclosure;

(b) in a timely manner, dispose of all waste resulting from the construction, alteration or demolition so as to ensure there is no unreasonable accumulation of waste on the property during the construction, alteration or demolition;

(c) take all reasonable steps as may be necessary to prevent the waste from

being dispersed, by wind or in any other manner, on or around the property or surrounding properties during the construction, alteration or demolition; and

(d) upon completion of the construction, alteration or demolition, clear the

property of all waste and litter.

(2) If such waste is not removed by the owner or the contractor, the City may remove the waste, and the costs of so doing are a debt due to the City by the owner or contractor.

Construction Vehicles

49. (1) No owner or operator of any vehicle leaving property where the construction,

alteration or demolition of a building, structure or landscaping is occurring shall:

(a) allow any earth or waste to be deposited upon a street or sidewalk by or from such vehicle; or

(b) fail to remove from the street or sidewalk any and all earth or waste

deposited by or from such vehicle.

(2) If such earth or waste is not removed from the street or sidewalk by the owner or operator of the vehicle, the City may remove the earth or waste, and the costs of so doing are a debt due to the City by the owner or operator.

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Part VI

Collection of Recyclable Material

Division I

General 50. (1) No person shall dispose of recyclable material anywhere in the City except in

accordance with the terms of this Bylaw.

(2) A person who has disposed of recyclable material in a manner contrary to the provisions of this Bylaw shall remove the recyclable material or cause the recyclable material to be removed upon being directed to do so by:

(a) the owner or occupant of the land where the recyclable material was

deposited;

(b) Director of Infrastructure and Planning;

(c) a medical health officer for the Saskatoon Health Region;

(d) Fire Chief

(e) a peace officer, Bylaw Officer

(3) Unless otherwise specified, the owner or occupant of a residence shall be responsible for complying with the terms of this Bylaw.

(4) No person shall:

(a) overfill a recycling container so that the lid is not able to be close or that

materials may fall to the ground; (b) pile recyclable material above the top or on top of the recycling container;

(c) place recyclable material on the ground at or near the base of a recycling

container or anywhere at a recycling depot other than in a recycling receptacle;

(d) place any recyclable material in a recycling container not designated for

the type of recyclable material or as specified by the service provider;

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1. Permitted recyclable materials permitted in residential roll-out carts: • Aluminum and tin cans; • Aluminum foil and pie plates; • Corrugated cardboard;

• Mixed paper, newspaper, polycoat, fine paper, and magazines;

• Boxboard;

• Recyclable plastic containers #1 through #7 that have

contained non-=hazardous products; and

• All Provincial legislated beverage containers, milk cartons and jugs and glass food and beverage containers.

(e) place any waste in, on or around a recycling container or recycling depot;

(f) bag or tie their recyclables, except plastic bags and shredded paper;

(g) remove the cart from its assigned address

(h) paint on cart

(i) being a person other than the owner of a recycling container or a person

permitted by the owner of the Director of Infrastructure and Planning, disrupt or disturb the contents of a recycling container or remove any recyclable material from a recycling container, a recycling depot or a collection vehicle.

Division II

Residential Recycling Collection

51. (1) The Director of Infrastructure and Planning shall establish a program to provide

for the collection of recyclable material from residences in the City.

(2) The Director of Infrastructure and Planning shall determine the type of recycling collection to be provided to each residence in the City.

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(3) Council shall determine the frequency of recycling collection provided to each residence of the City.

(4) The owner or occupant of residences with scheduled collection shall be provided

with a collection schedule. Automated Recycling Collection form Roll-Out Carts

52. (1) Where automated recycling collection from roll-out carts is in effect, each

residence shall be provided with one roll-out cart for the sole use of the owner or occupant of the residence.

(2) Where automated recycling collection from roll-out carts is in effect, roll-out carts

shall not be removed from the residence or used for any purpose other than as permitted in this Bylaw.

(3) unless otherwise directed by the Director of Infrastructure and Planning, roll-out

carts shall be:

(a) set out at the curb by 7:00 a.m. on collection day and placed:

(i) at least 1 metre from any obstruction such as parked vehicles; and

(ii) so that they will not be likely to overturn;

(b) removed from the street as soon as possible, and in any event within the time prescribed in subsection 12(b); and

(c) stored on the property of the residence when not placed out for collection.

(4) the Service Provider may, at the time of collection or any other time, remove,

repair or replace any obsolete, damaged or non-serviceable roll-out cart.

(5) Where the Director of Infrastructure and Planning has prescribed a special collection area:

(a) a special collection area layout plan for roll-out cart placement shall be

provided to the owner or occupant of each residence of the special collection area; and

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(b) owners or occupants shall store and set out roll-out carts in accordance with the special collection area plan. In the event of an inconsistency between the special collection area plan and this Bylaw, the provisions of the special collection are plan shall prevail.

Division III

Recycling Depot

53. (1) The Director of Infrastructure and Planning may establish recycling depots in the

City.

(2) Groups, organizations or businesses wishing to place recycling containers at City recycling depots shall enter into an agreement with the City.

(3) The Director of Infrastructure and Planning is hereby authorized to enter into

recycling depot agreements on behalf of the City.

(4) The Director of Infrastructure and Planning shall set such conditions for the site development, site maintenance and recycling promotion as the Director of Infrastructure and Planning may deem appropriate.

Recycling Containers

54. (1) All recycling containers at City recycling depots must be:

(a) clearly marked with the identity of the collection agency, the type of

material accepted, and instruction for preparation of recyclable material; and

(b) placed on the site as directed by the Director of Infrastructure and

Planning.

(2) Recycling containers at City recycling depots shall be for residential users only.

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Part VII Yard Waste Composting Depot

Division I

General 55. (1) The Yard Waste Depot shall be available for the use of residents of the City of

Martensville only;

(2) No person shall deposit material other than acceptable yard waste at the Yard Waste Depot;

(3) No person shall remove any material from the Yard Waste Depot without prior

authorization from the City of Martensville;

(4) Residents may deposit bagged yard waste in approved yard waste collection receptacles only;

(5) No person shall deposit materials at the Yard Waste Depot between the months of

November to April unless authorized by the City of Martensville;

(6) The Yard Waste Depot may be closed to the public during maintenance or due to weather;

(7) Residents may deposit real Christmas Trees at the Yard Waste depot during

scheduled collection periods provided that the trees are free of decorations are not bound or wrapped. No person shall deposit artificial trees at the Yard Waste Depot under any circumstances;

(8) All yard waste shall be deposited in the designated areas at the Yard Waste Depot

only;

(9) All persons shall obey all posted signage and regulations at the Yard Waste Depot;

(10) Yard Waste Composite site may use video detection, video monitoring, or

personal witness for enforcement purposes.

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Part VIII Enforcement

Enforcement

56. (1) The administration and enforcement of this Bylaw is delegated to the Director of

Infrastructure and Planning.

(2) The Director of Infrastructure and Planning is authorized to further delegate the administration and enforcement of this Bylaw to designated delegate.

Inspections 57. (1) The Director of Infrastructure and Planning or a designated delegate is authorized

to inspect property to determine if there is compliance with this Bylaw.

(2) Inspection under this Bylaw shall be carried out in accordance with Section 324 of The Cities Act.

Orders to Remedy

58. (1) If an inspector finds a contravention of this Bylaw, the inspector may, by written

order, require the owner or occupant of the property to which the contravention relates to remedy the contravention.

(2) Orders given under this Bylaw shall comply with Section 328 of The Cities Act.

(3) Orders given under this Bylaw shall be served in accordance with Section 347 of

The Cities Act. Registration of Notice of Order

59. If an order is issued pursuant to this Bylaw, the City may give notice of the existence of

the order by registering an interest against title to the land that is the subject of the order in accordance with Section 328 of The Cities Act.

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Appeal of Order to Remedy

60. (1) Appeals shall be made in writing to the City Council.

(2) A person may appeal an order made pursuant to this Bylaw by filing a notice of

appeal with the City Clerk in accordance with Section 329 of The Cities Act, and by serving a copy of the notice on the City. The notice of appeal shall state the grounds for the appeal.

Civil Action to Recover Costs

61. The city may, in accordance with Section 332 of The Cities Act, collect any unpaid

expenses or costs incurred by the City in remedying a contravention of this Bylaw by civil action for debt in a court of competent jurisdiction.

Adding Amounts to Tax Roll

62. The City may, in accordance with Section 333 of The Cities Act, add any unpaid

expenses or costs incurred by the City in remedying a contravention of this Bylaw to the taxes on the property on which the contravention occurred.

Emergencies

63. In the event that it becomes an emergency to remedy a contravention of this Bylaw, the

City may take whatever actions or measures are necessary to eliminate the emergency in accordance with provisions of Section 331 of The Cities Act.

Part IX

Offences and Penalties Offences

64. (1) Every person commits an offence who:

(a) allows waste of any kind to accumulate on or in any land or building other

than as permitted in this Bylaw;

(b) places or disposes of waste other than as permitted in this Bylaw;

24

(c) fails to take proper measures to prevent waste from escaping from a vehicle used to transport waste, or allows waste to escape from a vehicle used to transport waste;

(d) being the owner or operator of a vehicle used in carrying out the

construction, alteration or demolition of any building, structure or landscaping allows any earth or waste to be deposited upon a street or sidewalk by or from such vehicle, or fails to remove such earth or waste from the street or sidewalk;

(e) being a person other than the owner, operator or occupant of a business or

residence to which a waste container is assigned or a person permitted by the Director of Infrastructure and Planning disturbs or disrupts the contents of a waste container;

(f) being a person other than the owner, operator or occupant of a business or

residence to which a waste container is assigned or a person permitted by the Director of Infrastructure and Planning removes any waste, object or material from a waste container;

(g) causes or permits any loss of or damage to a City owned/leased

waste/recycle container;

(h) leaves a waste container or a public right-of-way for more than 24 hours;

(i) fails to maintain a waste container in a sanitary state; and

(j) places waste in a recycling container or at a recycling depot.

(2) Every person commits an offence who:

(a) allows excessive recyclable material of any kind to accumulate on or in any land or building other that as permitted in this Bylaw;

(b) places or disposes of recyclable material other than as permitted in this

Bylaw;

(c) fails to take proper measures to prevent recyclable material from escaping from a vehicle used to transport recyclable material, or allows recyclable material to escape from a vehicle used to transport recyclable material;

25

(d) being a person other than the owner, operator or occupant of a business or residence to which a recycling/waste container is assigned or a person permitted by the Director of Infrastructure and Planning disturbs or disrupts the contents of a recycling container;

(e) being a person other than the owner, operator or occupant of a business or

residence to which a recycling/waste container is assigned or a person permitted by the Director of Infrastructure and Planning removes any recyclable or waste material for the container or collection vehicle;

(f) causes or permits any loss of or damage to Service Providers recycling

container;

(g) leaves a recycling container on a public right-of-way for more than 24 hours; and

(h) fails to maintain a recycling container in a sanitary state; (i) allow waste to fall off of vehicle while transporting to yard waste compost

site;

(j) deposit waste of any kind on public property intentionally or unintentionally;

(k) deposit unacceptable material, fails to comply with any material deposit

location, or directional signage in place at the yard waste compost site; (l) being a person other than the owner, operator or occupant of a business or

residence within the City of Martensville utilized the yard waste compost site; (m) causes or permits any damage to City owned facilities at the yard waste

compost site; (n) deposits yard waste compost materials in an unapproved collection receptacle

or fails to deposit any unapproved collection receptacle in the allocated garbage location. In the event that the allocated garbage location is full, the user is responsible to remove their unapproved collection receptacle and deposit it within their regular household solid waste.

26

65. No person shall;

(a) fail to comply with an order made under this Bylaw; (b) obstruct or hinder a municipal inspector acting under this Bylaw; or (c) fail to comply with any other provision of this Bylaw.

Penalty

66. Any person who contravenes a provision of section 63 is guilty of an offence and liable

on summary conviction to a fine:

(a) for the first offence, of $100.00; (b) for a second offence, of $200.00; and (c) for a third or subsequent offence, of not less than $200.00 and not more than

$10,000.00 in the case of an individual or $25,000.00 in the case of a corporation.

Notice of Violation for First and Second Offences

67. (1) A municipal inspector or a peace officer may issue a notice of violation to any

person committing first or second offence under Section 63. The notice shall require the person to pay to the City the penalty specified in Section 65.

(2) The penalty may be paid:

(a) in person, during regular office hours, to the cashier located at City Hall

37 Centennial Drive South, Martensville, Saskatchewan;

(b) by deposit, at the depository located at the main entrance to City Hall 37 Centennial Drive South, Martensville, Saskatchewan;

(c) by mail addressed to City Hall, Box 970, Martensville, Saskatchewan,

S0K 2T0

(3) If payment of the penalty is made prior to the date when the person contravening the Bylaw is required to appear in court to answer a charge, the person shall not be liable to prosecution for that offence.

27

(4) Notwithstanding Subsection (1), if a municipal inspector or a peace office is of the opinion that it is in the public interest to compel a person who has contravened a provision of this Bylaw for the first time to appear before a justice, the municipal inspector or peace officer may issue a summons that requires the person to appear before a justice without the alternative of paying the specified amount.

(5) If in the opinion of a prosecutor it is appropriate, the prosecutor may, on or before

the court appearance date, permit the person mentioned in Subsection (4) to pay the specified amount to avoid prosecution.

Early Payment

68. (1) If the penalty imposed under a notice of violation is paid within 14 calendar days

of the date of the notice of violation, the amount of the penalty shall be discounted to the sum of $50.00 for a first offence and $100.00 for a second offence.

(2) The date of payment shall be determined as follows:

(a) for payment in person, the date of payment shall be the date payment is received by the City;

(b) for payment by deposit, the date of payment shall be the date payment is

deposited in the depository at City Hall; or

(c) for payment by mail, the date of payment shall be the federal post marked date on the remittance.

(3) Upon payment, the person contravening the Bylaw shall not be liable to

prosecution for that offence. Third and Subsequent Offences

69. (1) no municipal inspector or peace officer may issue a notice of violation in case of a

third or subsequent offence.

(2) For the purpose of this Part, an offence shall be deemed to be a first offence if the offender has not been convicted of the same offence or made a voluntary payment for a notice of violation in respect of the same offence within the 12 months immediately preceding the commission of the alleged offence.

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General Penalty

70. Except where a penalty is specifically provided in this Bylaw, every person who

contravenes any provision of this Bylaw is guilty of an offence and liable on summary conviction:

(a) in the case of an individual, to a fine of not more than $10,000.00;

(b) in the case of a corporation, to affine of not more than $25,000.00; and

(c) in the case of a continuing offence, to a maximum daily fine of not more than

$2,500.00 per day.

71. A conviction for an offence of failing to comply with an order does not relieve the person convicted from complying with the order and the convicting judge or justice of the peace may, in addition to any fine imposed, order the person to do any act or work, within a specified time, to comply with the order with respect to which the person was convicted.

72. The court may, in default or payment of a fine imposed under this Bylaw, order

imprisonment of the individual for a term not exceeding one year.

Part X Miscellaneous

Compliance with Other Laws

73. Nothing in this Bylaw relieves a person from complying with any other law, including

any public health legislation, any environmental protection legislation or any other Bylaw of the City.

Most Restrictive Provision Prevails

74. Where there is a conflict between the provisions of this Bylaw and the provisions of any

other legislation, regulation or bylaw, the more restrictive provision prevails.

Repeal

74. Bylaw 11/87, 14/00, 24/01, 14/02 and 17/02 are hereby repealed.

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Coming into Force

75. This Bylaw shall come into force upon the day of its final passing.

Read a first time this 15th day of December, 2015 Read a second time this 15th day of December, 2015 Read a third and final time this 15th day of December, 2015

Mayor

City Clerk

CITY OF MARTENSVILLE ZONING BYLAW AMENDMENT

BYLAW NO. 24-2015

A BYLAW OF THE CITY OF MARTENSVILLE TO AMEND BYLAW 1-2015, KNOWN AS THE ZONING BYLAW.

The Council of the City of Martensville, in the Province of Saskatchewan, enacts to amend Bylaw No. 1-2015 as follows:

1. Add the following subsection to Section 4.9.8 (1) Shipping Containers:

“In addition to this, shipping containers may be permitted within the CS district at Council’s discretion.”

2. Add the following to subsection to Section 4.9.8 (4) Shipping Containers:

“and approved discretionary use applications for shipping containers within the CS district.”

This Bylaw shall come into force on or after the date of final approval of Bylaw 1-2015 by the Minister of Government Relations and when this bylaw is adopted by Council.

Read a first time this 17th day of November, A.D. 2015 Read a second time this 15th day of December, A.D. 2015 Read a third and final time this 15th day of December, A.D. 2015

________________________ MAYOR

________________________ CITY CLERK

CITY OF MARTENSVILLE DEBENTURE BORROWING

BYLAW NO. 27-2015

A BYLAW OF THE CITY OF MARTENSVILLE TO PROVIDE FOR BORROWING THE SUM OF TWO MILLION ONE HUNDRED THOUSAND DOLLARS ($2,100,000) FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF WATER PUMPING STATION #4.

WHEREAS the purpose of this Bylaw is to authorize the borrowing of money for the purpose of construction of the Water Pumping Station #4.

THEREFORE, the Council of the City of Martensville hereby enacts as follows:

1. The amount of money to be borrowed will be Two Million One HundredThousand Dollars ($2,100,000.00).

2. The money will be used for the purpose of construction of the Water PumpingStation #4

3. The terms of this loan will be a five (5) year amortization with interest at afixed rate of 1.95%.

4. Blended principal and interest payments of $444,886.28 to be provided in fiveequal annual installments from 2016 to 2020.

5. Source of repayment will be the New Deal Federal Gas Tax Program.

6. This bylaw will take effect upon final passage thereof.

Read a first time this 15th day of December, A. D. 2015. Read a second time this 15th day of December, A. D. 2015. Read a third and final time this 15th day of December, A. D. 2015.

Mayor

City Clerk

DOLLARS

$2,100,000.00

CITY OF MARTENSVILLE

DEBENTURE PAYMENTS

BYLAW NO. 28-2015

The City of Martensville, in the Province of Saskatchewan, for value received, hereby

promises to pay to the Municipal Finance Corporation of Saskatchewan, at its office in

the City of Regina, Saskatchewan, Canada, the principal amount of Two Million One

Hundred Thousand Dollars ($2,100,000) in lawful money of Canada, together with

interest from the date of this Debenture at the rate of one and ninety-five hundredths

percent (1.95%) per annum, by five (5) consecutive equal annual payments of Four

Hundred and Forty-Four Thousand Eight Hundred and Eighty-Six Dollars and Twenty-

Eight Cents ($444,886.28) each, principal and interest combined, payable on the _30th

day of _December_ in each year, commencing on the _30th day of _December, 2016.

Read a first time this 15th day of December, A. D. 2015.

Read a second time this 15th day of December, A. D. 2015.

Read a third time this 15th day of December, A. D. 2015.

__________________________

Mayor

__________________________

City Clerk

CITY OF MARTENSVILLE SNOWMOBILE BYLAW

BYLAW NO. 29-2015

A BYLAW TO REGULATE THE OPERATION OF SNOWMOBILES WITHIN THE CORPORATRE BOUNDARIES OF THE CITY OF MARTENSVILLE IN THE PROVINCE OF SASKATCHEWAN

Whereas, Section 8 of The Cities Act authorizes a Council to regulate and control any activities within the City of Martensville; and

Therefore, the Council of the City of Martensville enacts as follows:

Title and Purpose:

1. This Bylaw will be cited as “The Snowmobile Bylaw”.

2. The Purpose of this Bylaw is as follows:

(a) To promote peace, order and good government of the City of Martensville.

(b) To promote the safety, health and well-being, as well as the protection of the Citizens and property in the City of Martensville.

(c) To regulate and control the access and provisions respecting the operation of snowmobiles within the City of Martensville.

Definitions:

3. “City” means the City of Martensville;

“Highway” means a road, parkway, driveway, square or place designated and intendedfor or used by the general public for the passage of vehicles, but does not include anyarea whether privately or publicly owned, that is primarily intended to be used for theparking of vehicles and the necessary passageways on that area, and does not include aprovincial highway within the municipality as designated pursuant to the provisions ofThe Highways and Transportation Act, 1997, within the corporate boundaries of the Cityof Martensville, and includes an alley or lane;

“Municipality” means the City of Martensville;

“Operator” means a person who uses or operates, or is in actual physical control of thesaid snowmobile.

“Owner” includes a person who is in possession of a snowmobile under a contract bywhich he may become the owner of the snowmobile upon full compliance with the termsof the contract.


BYLAW NO. 29-2015

“Open Space Area” includes, pathways and walkways, floodplains, roadway medians, buffer strips, public walkways, traffic boulevards, public spaces, dedicated lands, non-dedicated lands and utility parcels that are owned, operated, leased or by agreement, controlled by the City; “Snowmobile” means a snowmobile as defined by The Snowmobiles Act.

Authorization to operate a Snowmobile in City limits:

4. (a) All snowmobile operators born on or after January 1st, 1989, are now required to complete an approved snowmobile safety course and obtain their snowmobile safety certificate before operating on public land. This course is taken online.

(b) Any person who holds a valid driver’s license issued under The Traffic Safety Act shall be deemed to hold a snowmobile operator’s license under this bylaw, as per Section 45 of the Saskatchewan Snowmobile Act.

(c) No person shall operate or authorize or permit any other person to operate any Snowmobile unless they have obtained a certificate of registration under the Snowmobile Act, and has provided the City Manager registration information; or (i.) that person has obtained a certificate of registration from the City (ii.) that the identification tag is attached to the Snowmobile; and

(d) The City Manager or their delegate shall provide an owner of a Snowmobile a certificate of Registration for the snowmobile if:

(i) The owner of the Snowmobile applies on a form provided in Schedule “B” by the City and pays the prescribed fee as provided in Schedule “C” of this Bylaw; (ii) Provides proof of liability insurance in regards to operating a Snowmobile in the amount of a minimum of $300,000.

License to operate 5. (a) In this section:

(i) “class” means, with respect to a driver’s license, a class as defined in the regulations;

(ii) “safety course” means a safety course that meets the requirements set out in the regulations.


BYLAW NO. 29-2015

(b) As per Section 15.2 of the Saskatchewan Snowmobile Act and notwithstanding any other Act or the regulations made pursuant to any other Act, no person shall operate a snowmobile that is required to be registered by this Act unless that person:

(i) holds a class 1, 2, 3, 4 or 5 driver’s license;

(ii) is at least 16 years of age and has completed a safety course; or

(iii) is 12 years of age or older but less than 16 years of age and has completed a safety course if that person is:

(a) accompanied on the snowmobile by another person who holds a class 1, 2, 3, 4 or 5 driver’s license; or

(b) accompanied and supervised by another person who holds a class 1, 2, 3, 4 or 5 driver’s license and is operating another snowmobile.

(c) As per Section 15.3 of the Saskatchewan Snowmobile Act and for any other Act and the regulations made pursuant to the Saskatchewan Act or any other Act, a person who accompanies an operator as mentioned in Section 5(b)(iii)(a) or (b) or in clause Section 5(f)(i) or (ii) is deemed to be the operator of the snowmobile over which the person is exercising supervision.

(d) Notwithstanding clause (b)(i), no person born on or after January 1, 1989 shall operate a snowmobile that is required to be registered pursuant to the Act unless that person has completed a safety course. There’s sign up for a Classroom course or an online course @ http://www.snowmobilecourse.com/canada/saskatchewan/

(e) Notwithstanding subsection (2) and subject to subsection (3) and except for the purposes of crossing a highway, no person who holds a class 7 driver’s license may operate a snowmobile on the travelled portion of a highway unless that person is:

(i) accompanied on the snowmobile by another person who holds a class 1, 2, 3, 4 or 5 driver’s license; or

(ii) accompanied and supervised by another person who holds a class 1, 2, 3, 4 or 5 driver’s license and is operating another snowmobile.

(f) A non-resident who is at least 16 years of age may operate a snowmobile that is required to be registered by this Act within Saskatchewan for a period not exceeding 90 consecutive days if the non-resident:

(i) is the holder of a license that permits the non-resident to operate a motor vehicle in the province, territory, state or country in which the non-resident resides or formerly resided, as the case may be;


BYLAW NO. 29-2015

(ii) carries the license mentioned in clause (a) at all times while operating the snowmobile; and

(iii) produces the license mentioned in clause (a) for inspection at the request of a peace officer.

The operation of a snowmobile within City limits:

6. (a) Pursuant to Section 21.2 of The Snowmobile Act, it shall be lawful to operate a snowmobile on any street, with exception of Centennial Drive and Main Street (with exception to crossing Centennial Drive or Main Street itself to obtain gas), within the City of Martensville in accordance with and subject to the following conditions:

(i) the snowmobile operator shall enter and exit the City utilizing the most direct street route between their residence and the City limits.

(ii) the snowmobile shall be operated only between the hours of 7:00 a.m. and 10:00 p.m.

(iii) no person shall operate a snowmobile within City limits in excess of 20 kilometres per hour.

(iv) no person shall operate a snowmobile on Centennial Drive and Main Street except for the purpose of crossing thereof.

(v) no person shall operate a snowmobile in any Open Space Area, whether or not marked by a sign prohibiting or restricting the operation of snowmobiles.

(vi) notwithstanding any other provision of this section, it shall be lawful for a snowmobile to enter City limits off the Highway #12 right-of-way and cross Centennial Drive for the purpose of obtaining fuel.

(vii) council or their delegate may issue a permit subject to any terms and conditions, for the holding of a special snowmobile event in the municipality.

(viii) any snowmobile entering onto a public highway shall do so from an established highway approach.

(ix) any snowmobile crossing a public highway must come to a complete stop before crossing and must take the most direct route across the highway. Snowmobile operators must yield right-of-way to vehicles traveling on Highways before crossing.


BYLAW NO. 29-2015

(x) all highway crossings must be assessed by traffic operations staff from the Ministry of Highways and Infrastructure to ensure any safety issues are addressed. All snowmobile trails that run inside the right of-way of the provincial highway(s) must be permitted in writing by the Ministry. All snowmobile trail permit applications must be sent to the Saskatchewan snowmobile Association who will forward the applications that they deem as requiring a permit to the Ministry of Highways and Infrastructure. (xi) Section 21.1 of The Snowmobile Act sets out the rules and operation of a snowmobile at night or under dangerous conditions.

Offence and Penalties:

7. (1) Every person who contravenes any provision of this Bylaw is guilty of an offence and liable on summary conviction:

(a) for the first offence to a fine of not more than $100 and;

(b) for a second or subsequent offence to a fine of not more than $200.

Voluntary Payment to Avoid Prosecution:

8. (a) Where any Martensville Bylaw Enforcement officer or Peace Officer believes that a person has contravened any provision in this Bylaw, he may serve upon such person a Notice of Violation Ticket either personally or by mailing or leaving same at his or her last known address and such service shall be adequate for the purpose of this Bylaw.

(b) A Notice of Violation Ticket shall state the Bylaw and the section of the Bylaw, which was contravened, and the amount that will be accepted by the City in lieu of prosecution.

(c) Upon production of a Notice of Violation Ticket issued pursuant to this section within thirty (30) days from the issue thereof, together with the payment of the fee as provided in Schedule “A” to City Hall, the person to whom the ticket was issued shall not be liable for prosecution for the contravention in respect of which the ticket was issued. A reduced voluntary payment, in Schedule “A”, may also be given and if paid within 10 days of the offence date on the Notice of Violation Ticket, the individual shall not be liable to further prosecution if so paid.


BYLAW NO. 29-2015 Owners Liable:

9. The owner of the snowmobile is liable for a contravention of any provision of this bylaw in connection with the operation of the snowmobile, unless he proves that at the time of the offence the snowmobile was not being operated by him nor by any other person with his consent.

Liability of Owner and Operator for Loss, Damage or Injury:

10. When any loss, damage or injury is caused to a person by a snowmobile, the person operating it at the time is liable for the loss, damage or injury, if it was caused by his negligence or improper conduct, and the owner thereof is also liable to the same extent as the operator unless at the time of the incident causing the loss, damage or injury the snowmobile had been stolen from the owner or otherwise wrongfully taken out of his possession or out of the possession of a person entrusted by him with the care thereof. As per Section 31 of the Snowmobile Act

Non-Application:

11. The provisions of this bylaw shall not apply to:

(a) a member of the Royal Canadian Mounted Police, Conservation Officer, Auxiliary Police Officer or Bylaw Enforcement Officer exercising duties as officer of the law.

Snowmobile Operation:

12. Unless otherwise specified in this Bylaw, the operation of snowmobiles shall be as contained in The Snowmobile Act, Chapter S-52, and any amendments thereto.

Coming Into Force: 13. This Bylaw shall come into effect by the final passing.

Read a first time this ____ day of _____, 201__. Read a second time this ____ day of ____, 201__. Read a third time this ____day of ___, 201__.

________________________________ Mayor

________________________ City Clerk


BYLAW NO. 29-2015 SCHEDULE ‘A’ Every person who contravenes any provision of this Bylaw: Voluntary payments are as follows: For all of the offences below:

- First offence to a fine not more than One Hundred Dollars ($100.00) and a reduced rate of Sixty Dollars ($60.00).

- Subsequent offences to a fine of Two Hundred Dollars ($200) and a reduced rate of One

Hundred and Twenty Five Dollars ($125.00). Offences:

- Section 5(b)(i) - Operating a snowmobile without holding a class 1, 2, 3, 4, or 5 driver’s license.

- Section 5(b)(ii) - Operating a snowmobile and not being at least 16 years of age and/or

completing a safety course.

- Section 5(b)(iii)(a) - Operating a snowmobile when the person is 12 years of age or older but less than 16 years of age and has completed a safety course and who isn’t accompanied on the snowmobile by another person who’s holding a class 1, 2, 3, 4, or 5 driver’s license.

- Section 5(b)(iii)(b) - Operating a snowmobile when the person is 12 years of age or older but less than 16 years of age and has completed a safety course and who isn’t accompanied or supervised by another person who’s holding a class 1, 2, 3, 4, or 5 driver’s license and is operating another snowmobile.

- Section 5(e)(i) - Operating a snowmobile on the travelled portion of a Highway while holding a class 7 drivers licenses (exceptions – being accompanied on a snowmobile by another person who holds a class 1, 2, 3, 4, or 5 driver’s license or is supervised by another person who’s holding a class 1, 2, 3, 4, or 5 driver’s license and is operating another snowmobile).

- Section 6(a)(i) - Not entering/exiting the City by the most direct route.

- Section 6(a)(ii) - Operating a snowmobile outside of the hours of 7:00 a.m. to 10:00 p.m.


BYLAW NO. 29-2015

- Section 6(a)(iii) - Operating a snowmobile in City limits in excess of 20 kilometers per hour.

- Section 6(a)(iv) - Operating a snowmobile on Centennial Drive or Main Street.

- Section 6(a)(v) - Operating a snowmobile on private property, Public Reserves or Municipal Reserves or Road Closed.

- Section 6(a)(vi) - Operating a snowmobile in any public place, whether marked or not or restricting the operation of snowmobiles.

- Section 6(a)(vii) - Not entering onto a public highway from an established approach.

- Section 6(a)(viii) - Not coming to a complete stop before crossing a highway or did not take the most direct route across the highway and not yielding for oncoming traffic.


BYLAW NO. 29-2015

SCHEDULE ‘B’ CITY OF MARTENSVILLE SNOWMOBILE BYLAW BYLAW NO. _________ CERTIFICATE OF REGISTRATION APPLICATION FOR A SNOWMOBILE Name of Applicant: _____________________________________________________ Civic Address: _____________________________________________________

_____________________________________________________

Mailing Address: _____________________________________________________ (If different from Civic)

________________________________________________________

Telephone: ________________________ Cell: _______________________ Email: _____________________________________________________ Description of Snowmobile: ________________________________________________

_____________________________________________________ _____________________________________________________

Office Use Only: Certificate of Registration # __________________________________________ SGI Registration # __________________________________________ A COPY OF THE PROOF OF LIABILITY INSURANCE MUST BE ATTACHED TO APPLICATION.


BYLAW NO. 29-2015

SCHEDULE “C”

CITY OF MARTENSVILLE SNOWMOBILE BYLAW BYLAW NO. __________ A Certificate of Registration shall not be issued nor considered valid without payment of fees as prescribed: Certificate of Registration – Identification Tag $25 Annual Registration $10

city of martensville regular council meeting 20-2015 …€¦ · 15-12-2015 · resume regular...

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