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Zagime Anishinabek Development Controls Bylaw (2020)
Bylaw No. 2020-03
Adopted September 23, 2020
1.0 DEFINITIONS & INTERPRETATION ........................... ................................................................ 3 1.1 Defin itions .......................................................................................................................................................3 1.2 lnterpretations. .•...............•...•......•.............•..•............•......•..•.........•......•..•.....................•.•..••....•..•...................9 1.3 Introduction ................................................................................................................................................... 10 1.4 Purpose. ......................................................................................................................................................... 10 1.5 Scope ............................................................................................................................................................. 10 1.6 Zoning Bylaw ................................................................................................................................................. 10 2.0 DEVELOPMENT REVIEW PROCESS ................... .. .... ........................... .. .................................. 10 2.1 Development Officer. ..................................................................................................................................... 10 2.2 Development Not Requiring a Development Permit ...................................................................................... 11 2.3 Development Permit Application ................................................................................................................... 11 2.4 Submission Requirements .............................................................................................................................. 11 2.5 Review of Applications. .................................................................................................................................. 12 2.6 Minor Variances ............................................................................................................................................. 13 2.7 Discretionary Use Applications ......................................................................................................................1 4 2.8 Discretionary Use Evaluation Criteria ............................................................................................................. 14 2.9 Development Appeals .................................................................................................................................... 15 2.10 Validation of a Development Permit .............................................................................................................. 15 2.11 Development Controls Compliance Certificate ............................................................................................... 16 2.12 Amending the Development Controls ............................................................................................................ 16 3.0 ACCESS, PARKING & LOADING ............... ... .......... .................................................... .............. 16 3.1 New, Altered or Changed Uses ....................................................................................................................... 16 3.2 Site Access ..................................................................................................................................................... 16 3.3 Counting Rules ............................................................................................................................................... 17 3.4 Compliance With Regulations ........................................................................................................................ 17 3.5 Landscape Buffers Areas ................................................................................................................................ 17 3.6 Access, Paving, and Visibility. ......................................................................................................................... 17 3.7 Vehicular Parking Dimensions and Configuration ........................................................................................... 18 3.8 Number of Parking Stalls Required ................................................................................................................. 18 3.9 Parking for the Disabled ................................................................................................................................. 19 4.0 LANDSCAPING & BUFFERING ............................................................................................... 19 4.1 Landscape Plan Required ............................................................................................................................... 19 4.2 Landscape Plan Concept ................................................................................................................................. 20 4.3 Plant Material Requirements ......................................................................................................................... 20 4.4 General Requirements ................................................................................................................................... 21 4.5 Landscaping Security. ..................................................................................................................................... 24 Zagime Development Controls Bylaw (2020) Page 1o f311&){
5.0 GENERAL REGULATIONS ................ ........ .............................................................. ................ 26 5.1 Building To Be Moved .................................................................................................................................... 26 5.2 Demolition of Buildings ....................................................................................... ........................................... 26 5.3 Development on Hazard Lands ............................................................................ ........................................... 26 5.4 Grading and Levelling of a Site ......................................................................................................... .............. 27 5.5 Accessory Uses and Buildings ......................................................................................................................... 28 5.6 Signs .......................................................................... .................................................................................... 28 5. 7 Severability .................................................................................................................................................... 31 5.8 Effective Date of Bylaw .................................................................................................................................. 31 5.9 Adoption ......... ............................................................................................................................................... 31 Zagime Development Controls Bylaw (2020)
1.0 Definitions & Interpretation 1.1 Definitions 1.1.1 "Accessory" means any use that is secondary, subordinate, or incidental of the principal or primary use that is located within the same building or structure, or on the same lot.
1.1.2 "Accommodation and entertainment" mean sleeping accommodations for individuals on a short-term basis. It may also include accessory uses on site to serve guests including food and restaurants and/or personal service establishments. It also includes uses where the patrons are predominantly participants such as sing-alongs or karaoke, dancing and amateur nights or where patrons are spectators of live music, stage performances, etc.
1.1.3 "Animal Shelter" - a building used for temporary accommodation or impoundment of animals, which may include outdoor facilities.
1.1.4 "Auction markets, excluding livestock auction facilities" - establishment primarily engaged in the auction of goods, excluding livestock.
1.1.S "Automotive and industrial supply stores" - establishment primarily engaged in the sale of automotive and industrial related goods.
1.1.6 "Automotive and Recreation Vehicle Sales and Rentals" - development used for the retail sale or rental of new or used automobiles, motorcycles, snowmobiles, recreational vehicles (RV), tent trailers, boats, travel trailers or similar light recreational vehicles or crafts, together with incidental maintenance services and sale of parts. This includes automobile dealerships, car rental agencies and motorcycle dealerships.
1.1. 7 "Blacksmith Shop" - establishments primarily engaged in blacksmithing. 1.1.8 "Brewery/Distillery" - establishment primarily engaged in the production of liquor and/or beer.
1.1.9 "Business support services" means a use that functions to provide required support to other business sectors. Business support services include but are not limited to secretarial or administrative support, custodial services, sale, repair, or maintenance of office equipment and/or furniture and printing services.
1.1.10 "Car washes" - a building or portion of a building which is used for the washing of all types of vehicles, including full service, automatic and hand operation facilities.
1.1.11 "Club" - a building or part of a building used for the meeting and social activities of the members and guests of an organization but does not include a Recreational Service Facility.
Zagime Development Controls Bylaw (2020)
1.1.12 "Club, Licensed" - a building or part of a building used for the meeting and social activities of the members and guests of an organization and which has been licensed by the Saskatchewan Liquor and Gaming Authority to sell alcoholic beverages for consumption on the premises, but does not include a Recreational Service Facility.
1.1.13 "Community Centre" - a building or facility used for recreational, social, educational or cultural activities, open to the general public. Activities in a community centre may include sport and recreation programs, classes sponsored by non-profit organizations, community events and programs and other similar activities.
1.1.14 "Commercial services" means uses of a commercial or service-oriented nature targeted towards serving the needs of drivers, employees and/or the travelling public.
1.1.15 "Day Care Centre" - a facility which provides for the non-parental care of pre-school age children or school aged children outside of normal school hours, and includes, but is not limited to:
a. a childcare centre or day care centre which is required to be licensed by the Province of Saskatchewan pursuant to The Child Care Act;
b. or a nursery school for pre-school children; c. or a childcare centre or day care which is regulated by Zagime or Inuit Child Care Initiative (FNICCI).
1.1.16 "Discretionary use" means a use located on a site or within any building or structure that may be permitted only at the discretion and subsequent approval of Council.
1.1.17 "Emergency and protective services" means a facility used to house services related to police, fire, or ambulance care.
1.1.18 "Farm and Large Machinery, Sale, Repair and Rental" - establishments primarily engaged in the sales, repairing and rentals of farm equipment and similar large machinery.
1.1.19 "Financial institutions" - means a bank, credit union, or trust company. 1.1.20 "Flood fringe" means the portion of the flood plain where the waters in the 1:500 year flood are projected to be less than a depth of 1.0 m or a velocity of 1.0 m/second.
1.1.21 "Flood plain" means the area prone to flooding from a water body or watercourse that comprises the combined area of the flood way and the flood fringe.
1.1.22 "Flood proofed" means a measure, or combination of structural and non-structural measures, incorporated into the design of a structure that reduces or eliminates the risk of flood damage to a defined elevation.
Zagime Development Controls Bylaw (2020)
1.1.23 "Flood way" means the portion of the flood plain adjoining the channel where the waters in the 1:500-year flood are projected to meet or exceed a depth of 1.0 m or a velocity of 1.0 m/second.
1.1.24 "Food and restaurants" means a building that offers food and beverage for sale to patrons at eating areas located either within the interior of the building and/or beyond the building envelope. This also includes drive-through facilities.
1.1.25 "Fuelling station/gas bar" means a building that offers for sale motor fuels, and as an accessory use provides for sale any other products that are typically required for the operation of an automobile including convenience store products.
1.1.26 "Laboratory, Medical/Dental" - means 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.
1.1.27 "Licensed Beverage Room" - an establishment, licensed by the Province of Saskatchewan, in which alcoholic beverages are served for a fee, and for consumption on the premises and may include a licensed lounge that is accessory to a restaurant. Food preparation or serving of food may be an accessory use to the drinking establ ishment but is subject to all applicable provincial regulations.
1.1.28 "Licensed Dining Room" - a restaurant for which a license is required or has been obtained from the Saskatchewan Liquor and Gaming Authority, enabling it to sell beer, wine or spirits by the glass to persons of legal age consuming a meal in the dining room .
1.1.29 "Licensed Restaurant" - a restaurant for which a license from the Saskatchewan Liquor and Gaming Authority is required or has been obtained, enabling it to sell beer and wine by the glass to persons of legal age or older when consuming a meal in the restaurant.
1.1.30 "Logistics" means the management of the flow of resources between the point of origin and the point of consumption in order to meet some requirements, for example, of customers or corporations. The resources managed in logistics can include physical items such as food, materials, equipment, liquids, etc. The logist ics of physical items usually involves the integration of information flow, material handling, production, packaging, inventory, transportation, warehousing and often security.
1.1.31 "Long-term truck parking" means an area of land utilized for the long-term parking of operable motor veh icles which includes dedicated parking, loading and driveway areas but where parking on site shall generally exceed 4 hours.
Zagime Development Controls Bylaw (2020)
1.1.32 "Lumber yards, home improvement centres and building supply establishments" - means a large format retail store or yard devoted to the sale and rental of goods or materials required for the construction or alteration of buildings, including such merchandise as wall paneling, wood products, sheet glass products, windows and mirrors, floor, wall and ceiling tiles, paint and wallpaper, bathroom and kitchen cupboards, appliances and fixtures, landscaping materials and similar goods.
1.1.33 "Machine Shop, Jobbing and Repair" - establishments primari ly engaged in the painting, repairing, refitting, cleaning, detailing, refurbishing, storage, and salvaging of motor vehicles, boats, trailers, engines, or machinery.
1.1.34 "Manufacturing" means the process of the physical or chemical transformation of raw materials, components, or parts into goods that may be finished, in the sense that they are ready to be used or consumed, or semi-finished, in the sense of becoming a raw material for use in further manufacturing.
1.1.35 "n/a" means not applicable, no regulations apply. 1.1.36 "Non-conforming use" means a use, building or structure that is given exception to current development regulations or grandfathered in due to its operation prior to approval of these Development Controls.
1.1.37 "Nurseries" - development that provides for the cultivating, harvesting, storing and selling of vegetables, fruits, grains, flowers, trees, bushes, bedding plants, sod and similar products and may include the accessory retail of landscaping and gardening products and materials, such as soil, bedding, plant food, plant pest and disease control products, gardening tools.
1.1.38 "Offices and office buildings" - 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 trade are stored, transshipped, sold or processed.
1.1.39 "Office, Industry" - office associated with industries or businesses benefitting from close access to major corridors, regional customers, intermodal hubs, etc. Examples include construction (e.g. surveying, engineering}, research and development, resource extraction (e.g. oil/gas, mining, agriculture), logistics, transportation, warehousing and distribution and real estate companies.
1.1.40 "Open space" means space intended to be primarily used by visitors or employees for recreational or leisurely purposes, which is accessible free of charge.
1.1.41 "Parking, tandem" means two or more parking spaces, one located behind the other, that share a common point of access from an adjacent driveway, lane or street.
Zagime Development Controls By law (2020)
1.1.42 "Permitted use" means a use which as a right is permitted to locate on a site or within any building or structure, provided that it conforms to all other pertinent regulations outlined in this Bylaw.
1.1.43 " Personal services" means a use where professional or personal services are provided for the benefit of the patron. The retailing of physical merchandise shall only be permitted where it is accessory to the principal service being performed. Personal service uses may include but are not limited to barber shop, esthetician shop or hair salon, laundry or dry-cleaning facilities, shoe repair, tailor shop, certified massage therapy. Th is use also includes health services such as medical clinics and doctor or dental offices.
1.1.44 "Principal use" means the primary use operating on a site or within a building or structure. 1.1.45 "Public Self Storage Facility" - a building or buildings containing separate secured indoor storage units each of which unit is no greater than 75 square metres in area, designed to be rented or leased for private storage of personal goods, materials and equipment, household goods, furniture, general merchandise and vehicles, excluding highly flammable materials, chemicals, odorous, explosive, or other inherently dangerous or noxious goods; and hazardous materials as defined in this Bylaw.
1.1.46 "Public utilities" - a government, municipality, or corporation under federal or provincial statute which operates a public work.
1.1.47 "Recreational Service Facility'' - a development providing facilities for sports and active recreation or for training and instruction in a sport or recreational activity. Uses may include athletic clubs, health and fitness clubs, racquet clubs, indoor golf centres, dance schools, dance studios, music schools, martial arts schools and other similar uses.
1.1.48 " Repair Shop" - an establishment engaged in the provision of maintenance or repair for goods or equipment associated in the areas of automotive, building and specialized trade, construction, major appliances and farm machinery.
1.1.49 "Salvaging and Recycling (Junk Yard)" - a site where property or goods is collected and stored for resale.
1.1.50 "Service stations" - 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 or major repairs.
1.1.51 "Short-term truck parking" means an area of land utilized for the short-term storage of motor vehicles which includes dedicated parking, loading and driveway areas but where parking on site shall not exceed 4 hours. This is primarily for users of the commercial service centre or for vehicles that are waiting to load or unload at businesses.
Zagime Development Controls Bylaw (2020)
1.1.52 "Sign, address" means any sign that is limited to the identification of a name, address or number of a building.
1.1.53 "Sign, billboard" means any sign that provides advertising for goods or services in which said goods or services are not located on site.
1.1.54 "Sign, construction" means any sign that is temporary in nature and which advertises a pending development, provided it is on the same site to which it pertains.
1.1.55 "Sign, directional" means any ground, projecting, or wall sign that aids with wayfinding and that has a surface area of less than 1.0 m2.
1.1.56 "Sign, free-standing" means any sign not attached to a building and which is supported by vertical columns secured to the ground.
1.1.57 "Sign, height" means the vertical distance of a sign measured from the lowest point on the base, to the highest point at the top of the sign.
1.1.58 "Sign, inflatable" means any sign that is intended to be airborne and fastened to a secured object.
1.1.59 "Sign, portable" means any sign that is designed to be easily moved from one location to another and in which the advertising message can be easily altered with replaceable letters, numbers, or graphics.
1.1.60 "Sign, projecting" means any sign that is attached to a building and which is projecting beyond the face of a building more than 300 mm.
1.1.61 "Sign, real estate" means any sign that advertises the sale, lease, or rental of a property, provided it is on the same site to which it pertains.
1.1.62 "Sign, roof" means any sign that is located on the roof of a building or structure. 1.1.63 "Sign, rotating" means any sign that is continuously revolving in a clockwise or counterclockwise direction.
1.1.64 "Sign, Surface Area" means the area of the sign utilized for advertising purposes. 1.1.65 "Sign, wall" means any sign that is attached to a building and which runs parallel to the building fa~ade.
1.1.66 "Terminal, Truck and Freight" - an assigned area in which cargo containers are prepared for loading onto a truck or are stacked immediately after discharge from a truck.
1.1.67 "Truck service, maintenance and repair" means a use where service is provided for motor vehicles including the general maintenance or repair.
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1.1.68 "Truck Wash" - a commercial business within a building or part of a building that provides manual or automated washing facilities for large trucks, semi tractors, construction equipment or similar vehicles.
1.1.69 "Utilities" means any one of a set of services including telecommunications, water, electricity, natural gas, sewage and the like.
1.1.70 "Warehousing" - establishments primarily engaged in the indoor and/or outdoor storage of a general line of goods.
1.1.71 "Welding and machine shops" - establishments primarily engaged in welding, metal works, salvaging, and recycling.
1.1. 72 "Yard, front" means the area between side lot lines extending from the front lot line to the nearest wall of a building. On a corner lot, it is the yard associated with the front lot line. In the case of an interior lot, a lot line separating the lot from the road; or in the case of a corner lot, a line separating the narrowest highway frontage of the lot from the road; or in the case of a double fronting lot, the front lot line may be on both frontages in order to be consistent with the location of permitted access and the orientation of other development in the block.
1.1.73 "Yard, rear" means the area between the side lot lines extending from the rear lot line to the nearest wall of a building.
1.1.74 "Yard, side" means the portion of a site abutting a side lot line extending from the front yard to the rear yard. The side yard shall be situated between the side lot line and a line on the site parallel to it, at a specified distance from it, and measured at a right angle to it along its full length.
1.1.75 "Zagime" means the Chief and Council and government of the Zagime Anishinabek, its heirs and assigns.
1.1.76 "Zagime Lands" means reserve lands which have been set aside for the use and benefit of Zagime Anishinabek.
1.2 Interpretations 1.2.1 Where, in this bylaw, a period is described in days, the days will mean business days of the week and will exclude statutory holidays.
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1.3 Introduction 1.4 Purpose 1.4.1 The purpose of these Development Controls is to ensure a consistent application of land development standards throughout the Zagime Lands.
1.5 Scope 1.5.1 Development is permitted in the Zagime Lands only when it conforms to these Development Controls.
1.6 Zoning Bylaw 1.6.1 These Development Controls must be used in conjunction with the Zagime Anishinabek Zoning Bylaw, and all other Laws and bylaws of the Zagime Anishinabek.
2.0 Development Review Process 2.1 Development Officer 2.1.1 The Development Officer is an employee appointed by Zagime Anishinabek to carry out the authority to administer these Development Controls
2.1.2 The Development Officer shall perform such duties that are specific in these Development Controls, including among other things:
a. advise and assist in regard to the planning of orderly and economical development within the Zagime Lands, and ensure proposed development is in accordance with the purpose, scope or intent of these Development Controls;
b. Evaluate Development proposals; c. Develop Zagime Anishinabek perspective on proposed developments; d. Represent Zagime Anishinabek in Negotiations with developers to achieve strategic goals in Zagime's development plans and objective;
e. receive and process applications for Development Permits, and ensure all application are compliant with Zagime Bylaws;
f . keep a register of applications for development including the decisions thereon and the reasons therefore.
2.1.3 may refer any Development Permit application or any other development matter which may not be consistent with this Bylaw to Council.
Zagime Development Controls Bylaw (2020)
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2.2 Development Not Requiring a Development Permit 2.2.1 The following developments do not require a Development Permit provided the proposed development conforms to all requirements of this Development Control:
a. public utilities - any operation for the purpose of inspecting, repairing, or renewing sewers, water lines, cables, pipes, wires, tracks or similar public works as required by a public utility, and the installation of service connections to a property in the Zagime Lands; b. accessory buildings with a floor area of 9.3 m2 (100.1 ft2) or less; and, c. maintenance and repairs that do not include any structural alterations.
2.3 Development Permit Application 2.3.1 Every person shall obtain a Development Permit before commencing any development. a. A building permit can only be issued after a Development Permit has been obtained b. All Development Permit applications shall be made to Zagime by completing a Zagime Development Permit Application form(s);
c. All applications must be accompanied by a non-refundable application fee; d. Two copies of a development plan showing size, dimensions and locations of existing and proposed buildings and structures as well as lot lines.
e. Where the application is for a discretionary use the applicant shall provide a written description of the proposed development, describing the intended use and operations, structures to be located on the site, required services, and any other information determined as necessary to fully review the proposed development.
2.4 Submission Requirements 2.4.1 Unless otherwise specified, all plans submitted must meet architectural standard as certified by a professional engineer or architect.
2.4.2 The development plan will contain the following information in accordance with the following requirements:
a. land address or building location; b. a legal description of the land (e.g. lot, block, and plan numbers); c. the applicant's legal name and contact information; d. a detailed site plan showing the location of the proposed development; e. description of the work to be performed including proposed development or building plan;
f . identification of a plan to scale of the development showing the following: Zagime Development Controls Bylaw (2020) Page 11 of' ?Ir
i. floor area of the development in square metres; ii. area of the site in square metres; iii. height of the structure in metres; and iv. dimensional floor plan; g. the estimated value, in Canadian dollars, of the proposed development and, h. additional information may be required by the Development Officer such as: i. a locational map showing directional true north arrow; ii. setbacks and yard dimensions; iii. real property report showing building location and accessory and iv. dimensioned layout of lot plan. 2.4.3 If a variance is proposed it must be fully described in the application. 2.4.4 A Development Officer may request an Applicant to submit additional documents such as: a. A concept plan of the development clearly identifying the commercial sites, business, industrial and/or other proposed uses; b. a plan of subdivision identifying public spaces such as sidewalks, walkways, parks, right of ways etc. i. garbage storage and collection areas; ii. parking, loading, storage, outdoor service and display areas; iii. Zagime may require that any development must follow the engineering standard applicable to the location for screening, retaining walls, trees, landscaping, amenity areas and other physical features both existing and proposed on the site and adjoining boulevard, if any; c. floor plans at a minimum scale of 1:100, indicating all uses or occupancies, storage and service areas; d. elevations and drawings, indicating sections and the bulk of buildings, at a minimum scale of 1:100; and, e. number of parking and loading spaces required and provided. 2.5 Review of Applications 2.5.1 The Development Officer is responsible for reviewing development applications to ensure the proposed development complies with this Development Control.
2.5.2 A Development Officer may prepare a report to Council requesting approval for the proposed discretionary use.
2.5.3 The Development Officer will submit any development application to Council for a decision whether to approve the development or not.
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2.6 Minor Variances 2.6.1 The Development Officer may grant a variance of up to 10% of any yard requirement or minimum required setbacks.
2.6.2 The Development Officer will ensure that all variances are registered in Indian lands Registry in Ottawa, or other such lands registry maintained by Zagime Anishinabek.
2.6.3 Variances may be approved at the discretion of the Development Officer. 2.6.4 Any variance application must conform to the Development Bylaw with respect to the use of land. The variance must not injuriously affect neighbouring properties.
2.6.5 An application for a minor variance may be approved; or disapproved on the discretion of the Development Officer. The Development Officer may impose terms and conditions on the approval of a minor variance.
2.6.6 If an application for a minor variance is refused, the Development Officer will notify the applicant in writing of the refusal and provide reasons for the refusal.
2.6.7 If an application for a minor variance is approved the Development Officer may provide written notification to the adjacent property owners or lessees.
a. An approved minor variance may be appealed within 10 business days on approval by the adjacent property owner or lessees.
2.6.8 An approved minor variance does not take effect until 23 days from the date it was approved.
a. Notice must be sent by registered mail to: i. The applicant, and ii. Adjacent property owners or lessees. b. Notice must be sent within 5 days of the variance approval. c. An appeal of the variance must be received prior to a variance taking effect.
2.6.9 If an adjacent property owner or lessee object to the variance being granted, the Development Officer may rescind the approval of the variance and notify the applicant. The Applicant has the right to appeal the revocation within 30 days after receiving the notice.
2.6.10 If an application for a minor variance is refused or approved with terms and conditions, the Applicant may appeal within 30 days after the date of that decision.
Zagime Development Controls Bylaw (2020)
2.7 Discretionary Use Applications 2.7.1 A Discretionary Use application will be reviewed by the Development Officer for conformance with the Development Controls and other applicable policies and regulations.
a. The Development Officer may refer non-conforming application to Council. b. The Development Officer will refer the application, along with a written report documenting the results of the review, to Council.
2.7.2 Council will review the application and the Development Officer's report and may request comments or information from other agencies to assist in the review of the application.
2.7.3 Council may or may not approve the Discretionary Use application. 2.7.4 The Development Officer will advertise the proposed discretionary use by: a. mailing a copy of a notice of the application to all lessees within 75 m (246.1 ft) of the proposal, at least 15 days prior to the date of the Council meeting;
b. preparing an on-site notification poster, which shall be placed on the site by the applicant and must remain on site until the application is considered by Council.
2.7.5 The notices described above shall describe: a. the use being applied for; b. the location of the discretionary use; and c. the date, time and location of the Council meeting.
2.8 Discretionary Use Evaluation Criteria 2.8.1 The following general criteria will apply in the assessment of the suitability of an application for a discretionary use.
a. the proposal must be in conformance with all relevant sections of the Development Controls
b. Site layout and density: i. the scale and density of the proposed use must be relatively consistent with uses permissible within the Land Use District and must be consistent with any other uses and developments in the vicinity of the proposal;
ii. the size and location of buildings and improvements must comply with the regulations set out in the Land Use District;
iii . sign age must comply with the sign requirements of the applicable bylaws and other regulations.
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c. Servicing: i. Discretionary uses must be able to be serviced with existing infrastructure, including: (a) Water in terms of consumption and demand; (b) Sewer in terms of volume generated; (c) Storm drainage in terms of volume; (d) Solid waste in terms of volume; (e) Utilities; and (f) Roadways. d. Traffic generation: i. the volume and vehicle type of traffic generated by the discretionary use will not vary from the existing traffic type and volume in the area; ii. parking requirements for the discretionary use will not change the existing uses; and iii. access to and from the site must be located appropriately to avoid any traffic hazards. e. Environmental and Public Safety: i. types and volumes of goods and materials to be kept or stored on site must not pose any danger to the surrounding properties;
ii. emissions from the use in terms of noise, dust, odour, light will not adversely affect the environment or adjoining properties;
iii. storm water runoff from the site will not adversely affect surface or ground water; and iv. fire protection requirements must be consistent with surrounding uses. f. Impact mitigation: i. if the proposed discretionary use will create any negative effects in relation to the above criteria, consideration will be given to any measures that may mitigate those effects in making a decision on the proposal.
2.9 Development Appeals 2.9.1 The Development Officer shall advise those whose application for a development permit was refused or conditionally approved of their right to appeal.
2.10 Validation of a Development Permit 2.10.1 An approval will be deemed to be invalid if the proposed development has not commenced within 12 month of being issued.
2.10.2 In case of a development, the following also applies in deeming an approval invalid: Zagime Development Controls Bylaw (2020)
a. If the proposed development is changed, or b. the proposed development ceases for a 12 month period; or c. the development is not started with 12 months of issuing of a development permit. 2.10.3 A Development Permit extension may be granted for an additional 12 month period by the Development Officer, after which no subsequent extensions to the extended development permit period will be granted.
2.10.4 Where Council has approved a discretionary use for a limited period of time, and if the approval expires without a development, the discretionary use will cease to exist.
2.11 Development Controls Compliance Certificate 2.11.1 All applications for a compliance certificate shall be submitted on the prescribed form and shall include an application fee.
2.11.2 The Development Officer may issue a Development Control compliance certificate for any development that is in conformance with the Development Controls and other applicable regulations.
2.12 Amending the Development Controls 2.12.1 This Development Control Bylaw may be amended from time to time as required. 3.0 Access, Parking & Loading 3.1 New, Altered or Changed Uses 3.1.1 The requirements of this section apply to every development, whether a new building or structure; an alteration or enlargement of an existing structure or building; or a change in use of an existing building or structure.
3.2 Site Access 3.2.1 Driveways must be spaced in order to provide ample room for commercial vehicles to carry out turning movements without impeding or blocking other driveways or street intersections.
3.2.2 The minimum separation distance from the centre line of a street intersection is: a. For signalized intersections, the following minimum corner clearances shall be observed: i. Arterials - 70 metres Zagime Development Controls Bylaw (2020) Page 16 ofY I y
ii. Collectors - 55 metres iii. Locals - 15 metres b. For un-signalized intersections, the following minimum corner clearances shall be observed:
i. Arterials - 30 metres ii. Collectors - 20 metres iii. Locals - 15 metres 3.2.3 When driveways already exist across the street or adjacent to the proponent's site, the new driveway must either align directly with that across the street or provide a minimum spacing of 15 m from centre line to centre line.
3.2.4 The minimum spacing between driveways (centre line to centre line) is 15 m. 3.3 Counting Rules 3.3.1 The parking requirements for a single lot or building containing more than one use shall be the total of the parking requirements for each use on the lot or in the building.
3.3.2 No parking space provided to meet the requirements for one building or use shall be counted as part of the spaces required for another building or use.
3.3.3 Where calculation of the total number of parking spaces yields a fractional number, the required number of spaces shall be the next highest whole number.
3.4 Compliance With Regulations 3.4.1 As long as a use exists on a property, and the use is required to provide parking spaces, as outlined in this Development Control, it shall be the continuing obligation of the property owner or lessee of the property on which the use is situated to provide the parking spaces.
3.4.2 All required off-street parking spaces shall be used only for accommodating the vehicles of clients, customers, visitors, employees, members, residents, or tenants who make use of the principal building or use for which the parking area is provided.
3.5 Landscape Buffers Areas 3.5.1 No parking shall be allowed in a required landscape buffer area. 3.6 Access, Paving, and Visibility Zagime Development Controls Bylaw (2020)
3.6.1 Vehicle queuing storage areas must be provided at entrances and exits to a site of sufficient size to prevent queuing vehicles from blocking highway through traffic, blocking internal circulation routes, or conflicting with off-street parking or loading spaces.
3.6.2 The parking area shall be suitably finished with a satisfactory hard surface material, preferably asphaltic concrete, however, other appropriate material may be deemed satisfactory to the Development Officer for larger sites or for truck and equipment loading and parking.
3.6.3 Each parking space in employee and visitor parking area shall be clearly demarcated. 3.6.4 The parking area shall be clearly marked. 3. 7 Vehicular Parking Dimensions and Configuration 3.7.1 All required parking spaces shall be clear of any access driveways, aisles, ramps, columns, signs or other similar obstructions, and shall be a minimum of 2.8 m width with a minimum clear length of 5.5 m exclusive of access drives or aisles, ramps and columns.
a. Parking spaces shall have a vertical clearance of at least 2.0 m. b. For parallel parking, the length of the parking spaces shall be increased to 7.0 m, except that an end space with an open end shall be a minimum length of 5.5 m.
3.7.2 Where the use of a parking space is limited on both sides by a wall or a column, the unobstructed width from face to face of the obstructions shall be 3.0 m, and if in this case, a building door opens into the parking space on its long side, the unobstructed width shall be 3.3 m.
a. Where the use of a parking space is limited to one side by a wall or a column, the unobstructed width of the parking space shall be 2. 7 m, and
b. if in this case, a building door opens into the parking space on its long side, the unobstructed width shall be 3.0 m.
3.7.3 Aisles shall be a minimum of 7.5 m wide for 90Q parking, 5.5 m wide for 60Q parking, and 3.6 m wide for 45Q parking and parallel parking.
3.8 Number of Parking Stalls Required 3.8.1 When the term "employees" is used for the calculation of off-street parking it shall mean the maximum number of employees on the premises at any one time.
3.8.2 For logistics uses, the minimum number of parking spaces shall be 2 spaces per 3 employees on a maximum work sh ift. For other industrial uses, the minimum number of parking spaces shall be 1 parking space per 100 m2 of floor area provided this is not less than 3 parking spaces per tenant or establishment.
Zagime Development Controls Bylaw (2020)
3.8.3 For commercial uses, each development shall provide parking spaces based on 2.5 spaces per 100 m2 of floor area. Hotels and motels shall provide at least 1 parking space per sleeping unit.
3.9 Parking for the Disabled 3.9.1 Where more than 25 spaces are provided, parking spaces for persons with disabilities shall be provided in the ratio of 1 for the first 50 or part thereof and 1 for each additional 150, except a minimum of one parking space for the disabled is required for any use, at the discretion of the Development Officer, that a disabled person would reasonably be expected to frequent; and shall be included in the calculation of the applicable minimum parking requirement.
3.9.2 Parking spaces for the disabled shall be located close to accessible entrances or in a central location when a parking lot serves several buildings. They should be designed to minimize the need for persons in wheelchairs to travel behind other cars or across vehicle aisles. Parking spaces for the disabled shall have a firm, slip resistant, and level surface that is a minimum of 4.2 m in width for each space.
4.0 Landscaping & Buffering 4.1 Landscape Plan Required 4.1.1 A building permit will not be issued unless the application includes a landscape plan or a landscape plan has been approved and no additional landscaping is required due to the nature of the application.
4.1.2 An occupancy permit will not be issued until all landscape requirements are met in accordance with the approved landscape plan unless performance bonding, at an amount set by the Development Officer, is provided.
4.1.3 All landscaping requirements shall be completed in accordance with the approved landscape plan by the end of the growing season in which occupancy or partial occupancy or use of the building or site has taken place. When occupancy or partial occupancy or use of a building has occurred after the end of the growing season, all required and approved landscaping features shall be completed by June 1 of the following growing season. For the purposes of this section, "growing season" means from May 1 to September 15 of the same calendar year.
4.1.4 The property owner or lessee is responsible for installing landscaping according to the requirements; maintaining such landscaping in a healthy condition so as to present a neat and orderly appearance for the life of the development; and replacing all dead, unhealthy or missing trees and shrubs within one year with suitable plant material.
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4.1.5 Project conditions may arise where compliance with these requirements are impractical or impossible to implement. The Development Officer may consider alternatives to or relaxations of the requirements on a case by case basis when the developer, contractor or their agent provides a written submission outlining the reasons for waiving the requirements.
4.2 Landscape Plan Concept 4.2.1 The landscape plan shall clearly indicate and accurately identify the following: a. a site plan drawn to scale, including dimensions and distances, a north arrow and necessary interpretive legends;
b. adjacent sidewalks, driveway entrances, alleys, and the location and name of adjacent streets; c. adjacent land uses; d. the location of overhead, surface and underground utilities; e. building entrances, walkways, parking areas, screens, fencing, exterior lighting, street lighting, fire hydrants, easements, curbs and recreational facilities;
f. footprint for all existing and proposed structures; g. garbage collection areas, surface materials, underground parking structures and irrigation systems;
h. the direction and percent/ratio of slope of landscaped areas; i. location, type and quantity of existing plant materials to be retained or removed; j. location, type, quantity and spacing of new plant material; k. list of plant material to be planted identifying the common and scientific name, quantity, calliper and size at planting; I. planting and installation details as necessary to ensure conformance with all requirements;
m. the location and description of other landscape improvements such as earth berms, walls, fences, screens, sculptures, fountains, site furnishings, screened refuse containment areas and bicycle racks;
n. existing and final site grading of the landscape areas; o. the location of commercial signage; and, p. snow removal and storage sites.
4.3 Plant Material Requirements 4.3.1 All plant material shall be hardy (and highly preferable as indigenous plants) to the growing zones and to the actual site conditions. In order to ensure that all plant material is tolerant of local growing conditions, trees and shrubs shall be propagated and grown
Zagime Development Controls Bylaw (2020)
within plant hardiness zone 3a or hardier. Species and cultivars shall be selected based on their suitability to the site and proven resistance to local tree diseases and insect pests.
4.3.2 All plant material shall meet the horticultural standards of the latest edition of the Canadian Standards for Nursery Stock produced by the Canadian Nursery Trades Association.
4.3.3 Plant material must be accompanied by documentation from the supplier at the point of origin confirming the plant material is free of insect pests and tree diseases. The documentation shall be submitted to the Development Officer. The developer shall contact the Development Officer to arrange an inspection and approval prior to planting. A minimum of 24 hours notification during regular working hours is required. The Development Officer reserves the right to order the removal and disposal of plant material it believes to be infected with insect pests or tree diseases at the property lessee's expense.
4.4 General Requirements 4.4.1 A landscaped buffer strip shall be constructed on lots abutting public roadways, as follows.
a. Landscaped buffers shall be located within lot boundaries, parallel with, and abutting, the full length of property lines that abut a public roadway, except for areas encumbered by a driveway or other form of approved access;
b. For lots that abut a public road the landscape buffer shall be at least 4 m in width and shall include vegetation, in general conformance with all Zagime Bylaws and Table 2.0: Landscape Buffer Requirements or the equivalent to the satisfaction of the Development Officer. Planting design is to follow Crime Prevention Through Environmental Design (CPTED) principles promoting sightlines into the site;
c. The understory of landscape buffers shall be planted with grass and forbs species suitable to the site;
d. In order to promote visual unity, species health and diversification, shrubs shall be planted in groupings of 5-45 and deciduous trees shall be planted in groupings of 5-20 and coniferous tree species shall be planted in groupings of 3-5; e. Areas of land greater than 0.10 ha in size, not intended for any form of land-use, development, parking or landscaping, as well as storm-water ponds (side slope, shallow safety shelf and bottoms), shall be planted with grass and forbs; and,
f . The minimum area required for landscaping shall be 5% of the gross site, or the amount of land required to satisfy the landscape buffer requirements.
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Table 5-1 Landscape Buffer Requirements A B C Deciduous Shrub Deciduous Tree Coniferous Tree Spacing Spacing Spacing Species Species Species Late Lilac Hybrid Poplar Scots Pine 1.5 m 5.0m 4.0m (Syringa villosa) (Populus X hybrid) (Pinus sylvestris) Sea Buckthorn Bur Oak Colorado Spruce (Hippopha 1.5 m (Quercus 5.0m 4.5 m (Picea pungens) rhamnoides) Macrocarpa) Hedge Rose Manitoba Maple White Spruce 0.9 m 5.0m 4.0m (Rosa X Hybrid) (Acer negundo) (Picea glauca) Silver Buffaloberry Green Ash Norway Spruce (Shepherdia l.0m {Fraxinus 5.0m 4.0m (Picea Abies) argentea) pennsylvanica) Brandon Elm Globe Caragana Larch 1.0 m (Ulmus 8.0m 4.0m (Caragana frutex) (Larix) Americana) Pygmy Caragana Linden 1.0 m 8.0m (Caragana pygmea) (Tilia) Sutherland Ornamental Caragana 2.0m Chokecherry 6.0m (Caragana (Prunus) arborescens) Honeysuckle 1.0- Flowering Species 2.0m Crabapples 5.0m (Lonicera) (Malus) Juniper Species Hawthorn 1.5m 5.0m (Juniperus) ( Crataegus) Nannyberry Lilac (Viburnum 2.0 m 5.0m (Syringa reticulata) lentago) Tilden Parks l.0m Japanese Tree Prickly rose 1.0 m (Rosa acicularis) Ninebark (Physocarpus l.0m opulifolius) Potentilla l.0m (Potentilla) Spirea l .0m (Spirea) Snowberry l.0m (Sym phoricarpos) Wolf Willow (Eleagnus commutata)
Zagime Development Controls Bylaw (2020)
Figure 1. Landscaping Guideline ~ I
I I I I I I . I I . ./ 4-· ~ • I . . I \ R OVl H A D A -I Note: Non-binding illustration which will be based upon future landscaping requirements.
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Figure 2. Internal Road Landscaping Guideline
A O A Note: Single row of shrubs will be reviewed upon utility conflicts. Note: Non-binding illustration to be determined based upon future landscaping and servicing requirements .
4.5 Landscaping Security 4.5.1 The Development Officer may require, as a condition of development permit approval, a guaranteed security, from the lessee, to ensure that site access is built to prescribed specifications and landscaping is provided and maintained for two growing seasons. The Development Officer may accept cash or an irrevocable letter of credit in the amount of 100% of the landscaping cost.
4.5.2 The projected landscaping cost shall be calculated by the applicant and shall be based on the information provided on the landscape plan. If, in the opinion of the Development Officer, these projected costs are inadequate, the Development Officer may establish a higher landscaping cost figure for the purposes of determining the value of the landscaping security.
4.5.3 If cash is offered as landscaping security, it shall be held, without interest payable, until, by confirmation through inspection by the Development Officer, the landscaping has been installed and successfully maintained for two growing seasons. Partial refund after
Zagime Development Controls Bylaw (2020)
installation of the landscaping or after one growing season shall be considered upon request of the lessee, at the sole discretion of the Development Officer.
4.5.4 If a letter of credit is offered as the landscaping security, it shall be in a form satisfactory to the Development Officer. The initial term of the letter of credit shall be two years. The letter of credit shall be renewed by the lessee 30 days prior to expiry and delivered to the Development Officer until such time as the landscaping has been installed and maintained for two growing seasons.
4.5.5 Upon application, the amount of a letter of credit may be reduced, at the discretion of the Development Officer, when the required landscaping has been properly installed and has been well maintained and is in a healthy condition after one growing season.
4.5.6 Upon application, a letter of credit shall be fully released if the required landscaping has been well maintained and is in a healthy condition after two growing seasons.
4.5.7 Any letter of credit shall allow for draws if the landscaping is not completed in accordance with the approved landscape plan within one growing season after completion of the development; or the landscaping is not well maintained and is not in a healthy condition two growing seasons after completion of the landscaping. Zagime may draw on a cash security or a letter of credit and the amount thereof shall be paid to Zagime for its use absolutely. All expenses incurred by Zagime, to renew or draw upon any letter of credit, shall be reimbursed by the lessee to Zagime by payment of invoice or from the proceeds of the letter of credit.
4.5.8 In the event the lessee does not complete the required landscaping, or fails to maintain the landscaping in a healthy condition for the specified periods of time, and the cash or the proceeds from the letter of credit are insufficient for Zagime to complete the required work, should it elect to do so, then the lessee shall pay such deficiency to Zagime immediately upon being invoiced. Zagime shall provide an accounting to the lessee indicating how the proceeds of the letter of credit were applied, within 60 days of completing or maintaining the landscaping.
4.5.9 Upon receipt of a written request from the applicant or the issuer of the letter of credit, an inspection of the finished landscaping shall be completed by the Development Officer. Inspections shall be made during the normal growing season, between May 1 and September 3J. All reasonable effort shall be mode by the Development Officer to perform the inspection within 10 working days of receipt of the inspection request.
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5.0 General Regulations 5.1 Building To Be Moved 5.1.1 No building shall be moved within, or into, the Zagime Lands, without first obtaining a Development Permit, except as exempt from requiring a Development Permit as specified in Section 2.2 (Development Not Requiring a Development Permit).
5.2 Demolition of Buildings 5.2.1 No building shall be demolished without first obtaining a Development Permit. A Development Permit shall be granted where all requirements of the Building Bylaw are met.
5.3 Development on Hazard Lands 5.3.1 Where a proposed development is to be located on land considered to be at risk of flood damage, slumping, or other natural phenomena, the applicant will be required to submit sufficient topographic information (such as a geotechnical report or a drainage plan prepared by a competent professional) to determine if the development will be:
a. above the Safe Building Elevation (SBE); or, b. within 50 m of any slope that may be unstable. 5.3.2 Development proposals for new buildings and additions to buildings on lands below the Estimated Peak Water Level (EPWL) will be subject to the following:
a. Fill, compaction and grading, under the supervision of a qualified professional engineer, will be completed to a finished elevation above the EPWL.
5.3.3 Development proposals for new buildings and additions to buildings on lands below the SBE will be subject to the following:
a. all development of new buildings, redevelopment or major alterations and additions of buildings shall be adequately flood proofed to the SBE;
b. the bottom of the joists on the first floor, or the bottom surface of the slab on grade, of the building or structure shall be no lower than the SBE;
c. basements are prohibited, except where flood proofing is undertaken. The basement shall be designed to withstand any forces generated by flood water up to and including the EPWL;
d. plumbing outlets may be permitted in a basement below the EPWL, provided they contain an automatic shut-off valve approved by the Plumbing Inspector;
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e. electrical outlets may be permitted in basements below the EPWL provided they contain an independent switch for each outlet. The main switch box, heating and air conditioning units shall be located above the SBE; and,
f. foundations and walls of any building or structure shall be adequately flood proofed to at least the SBE. All plans for such shall be certified by a Professional Engineer or Architect.
5.3.4 Where a proposed development is located on land considered to be at risk of contamination or contain hazardous materials, the Development Officer will require the applicant to submit a report by a qualified professional showing that the contamination does not pose a risk to the health of users.
5.4 Grading and Levelling of a Site 5.4.1 Where more than 1 metre (3.3 feet) of fill is to be added to any site: a. a Development Permit is required; b. the work must be performed under the supervision of a qualified professional engineer; and, c. a drainage plan for the entire site must be included as part of the Development Permit application.
5.4.2 Notwithstanding Section 6.4.1 the Development Officer may require, as a condition of approval for a Development Permit, that an applicant submit a lot grading and drainage plan for approval.
5.4.3 Drainage works shall be constructed at the lessee's expense to provide for adequate surface water drainage that does not adversely affect adjacent properties, or the stability of the land.
5.4.4 Lot development must conform to the following: a. the finished grade of a lot being developed must be at least 45 cm (18 inches) higher than the centerline of the street at the front wall of the proposed main building;
b. the finished grade of a lot is to slope away from the building at a minimum of 10% in the first 2 m of the foundation; hard surfaced areas may slope at a minimum of 0.75%;
c. the finished grade of a lot shall not direct water onto adjoining properties unless there is approved surface water retention facility or drainage right of way on those properties; d. all excavations or filling shall be re-vegetated immediately after construction activities conclude, with a suitable ground cover as may be necessary to prevent erosion;
e. grading, levelling or placement of fill shall be located entirely within the boundaries of the site; and,
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f. failure to perform reasonable measures to prevent erosion of fill material into water bodies or water courses is in violation of this Development Control. Persons found in violation will be subject to penalty that reflects the recovery cost to perform site remediation and treatment.
5.5 Accessory Uses and Buildings 5.5.1 Accessory uses and 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.
5.5.2 Detached accessory buildings are not to be located in any front yard. 5.5.3 Private garages, carports and accessory buildings attached to a principal building by a substantial roof structure shall be considered as part of the principal building and subject to the regulations of the principal building.
5.5.4 Accessory buildings located in a required rear yard shall not occupy more than 30% of the required rear yard.
5.5.5 Detached accessory buildings shall be located at least 1 m (3.3 ft) from the principal building and meet the requirements of the National Fire Code.
5.5.6 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 instance:
a. where a Development Permit has been issued for a principal building, Council may, at its discretion, allow prior development of an accessory building where such building is required for the storage of construction material or equipment. If the principal building is not completed in the time period required, the accessory building is to be removed.
S.S. 7 Accessory buildings are not to exceed the height of the principal building. 5.6 Signs 5.6.1 General Purpose Sign Regulations: a. all highway sign corridors within 400 m either side of a provincial highway will be located adjacent to the highway right-of-way and regulated by the requirements of The Erection of Signs Adjacent to Provincial Highway Regulations, 1986 and amendments thereto; b. all signs shall be located within the limits of the site on which they are located and shall not project over the lot lines; c. signs shall be located a minimum distance of 1 m from any lot line; Zagime Development Controls Bylaw (2020) Page 28 of 31 f;i-11
d. signs shall not be located in sight triangles in such a manner that they visually obstruct sight triangles or otherwise jeopardize public safety; e. signs shall not be erected, attached or maintained upon trees or utility poles, or drawn or painted on rocks or other natural features;
f. flashing signs are prohibited; g. all signs shall be kept in a safe, tidy and legible condition; h. signs advertising businesses no longer in operation shall be removed; i. real estate and construction signs will be removed once the contract is completed and the property is occupied by the new lessee or tenant;
j. converted vehicle and trailer signs are prohibited; k. prior to issuing a permit for a free standing, projecting or roof sign, the Development Officer may require a professional stamp of a certified Professional Engineer qualified to certify that the sign design satisfies all relevant legislation, codes and bylaws; and,
I. Zagime may direct and order the removal of a sign, which contravenes this Development Control, or is in an unsafe or dilapidated condition.
5.6.2 Signs not requiring a Sign Permit: a. the following signs are subject to section 6.6.1 and do not need a Sign Permit: i. government signs; ii. memorial signs; iii. no trespassing, hunting restriction, and similar signs; iv. real estate signs advertising the sale, lease, or rental of the property on which it is located and related information with a maximum sign facial area of 1.5 m2;
v. temporary signs of less than 1 m2 of surface area; vi. temporary or safety signs bearing no advertising information; vii. identification signs containing no advertising information; viii. election signs during the period of an election campaign; ix. temporary signs located inside a building window, exclusive of any electrified sign greater than 0.5 m2 in the area;
x. signs visible only from the interior of a building; xi. construction signs, located on the site of the construction to which they refer; xii. directional signs having a maximum sign facial area of 1 m2; and, xiii. banner, murals or works of art which contain no advertising.
5.6.3 Signs for Commercial and Industrial Districts: a. advertising signs may be illuminated by direct or indirect lighting and the lights may project different colours and may be intermittent;
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b. illuminated signs shall have an internal light source or an external light source shielded so that the light is directed at the face of the sign;
c. all signs shall provide a minimum clearance of 2.5 m between the bottom of the sign and the street or sidewalk; d. regulations for portable signs: i. except as may be permitted by the Development Officer, a portable sign shall not be located or encroach onto a public roadway, lane, or sidewalk;
ii. a portable sign shall not be located or erected for a period greater than 14 days; iii. the maximum height shall be 2 m; and, iv. the maximum sign facial area shall not exceed 1.2 m2 for A-Board signs and 3 m2 for all other portable signs. e. regulations for free-standing signs: i. one free-standing sign may be permitted per site, a second free- standing sign may be permitted at Councils discretion if a minimum 30 m separation from any other freestanding sign on the same site is provided;
ii. the maximum height shall not exceed 9.15 m; iii. the maximum sign facial area shall not exceed 14 m2; and, iv. a minimum of 30 m separation from any other sign along the same street unless otherwise approved. f. regulations for wall signs: i. the sign may not exceed 20% of the area of the face of the building to which the sign is attached or 14 m2 whichever is less, unless otherwise approved; and,
ii. the sign does not project more than 1 m above the roof or marquee. 5.6.4 Billboard Signs: a. facial area and height regulations shall be as follows: i. maximum single sign facial area - 20 m2; ii . maximum total sign facial area - 40 m; iii. maximum number of faces - 2; iv. double faced signs shall be constructed so one face is completely behind and parallel to the other face and facing the opposite direction; and, v. maximum height above grade - 6 m. b. shall not have flashing or intermittent light. All lighting shall be shielded from direct view from any roadway or site boundary;
c. shall not be located in a required front yard; d. shall not obscure local business signs; e. shall be separated by at least 30 m from other billboards; Zagime Development Controls Bylaw (2020) Page 30 of 31 rr 0
f. shall not seriously detract from the appearance of an entry or key corridors; and, g. there may be special conditions on the location of the billboard on a site to protect the clear view of an intersection or a highway approach, or other directional and informational signs.
5.6.5 All applications for Sign Permits shall be made to the Development Officer. 5. 7 Severability 5.7.1 If any section, subsection, sentence, clause, phrase or other portion of this Bylaw is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, the Court's determination concerning that portion shall not affect the validity of the remaining portions of this Bylaw.
5.8 Effective Date of Bylaw 5.8.1 This bylaw shall come into force and take effect on September 28, 2020. 5.9 Adoption 5.9.1 The Council of Zagime Anishinabek have, at a duly convened meeting, held a third and final reading on the 23 rd day of September 2020. .....-chiefB.Lynn =--0 ~ ;'()-}~"tr~ CouillorCynthia Sangwais Zagime Development Controls Bylaw (2020) Page 31 of 31