By-law 1792/2021 Zoning By-law

Altona, Manitoba

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Town of Altona Zoning By-law Bylaw No. 1792/2021 HOW TO USE THIS ZONING BYLAW This zoning bylaw regulates the use, size, height and location of buildings on properties within the Town of Altona. There is a simple four-step process to determine the uses and structures that are permitted on a specific piece of property. Step One What zone is your property located in? - Use the Zoning Map in Schedule A to determine the zoning for your property. - Reference Part 5: Zones for a description of the intent of that particular zone. - Look in the Development Plan and any Secondary Plan that applies to your property to confirm your proposal fits with the applicable policies in those documents. Step Two What uses are permitted in your zone? - Find the column with the zone of your property in the Bulk/Use Table in Part 5: Zones - Uses marked with the letter P are permitted uses and may be developed once you have received a development permit. - Uses marked with the letter C are conditional uses that may or may not be acceptable in a zone depending on the particular circumstances of a proposed development. Conditional uses require a public hearing process and may have extra conditions imposed on the use to make it acceptable for the location. - Uses marked with a * have use-specific requirements that are provided in Part 6: Use- Specific Standards. Step Three How and where can you develop properties in your zone? - Find the column with the zone of your property in the Bulk/Use Table in Part 5: Zones. - The Bulk Table provides information on allowable height of buildings and structures, required yards, and other spatial requirements for a property. - To understand the specific details of these requirements, you may need to reference the General Regulations Part 4 and the Definitions Part 3. Step Four What kind of permits do you need? - In most cases, you will need a development permit before you start any change in land use or any development (including construction of a building) on a property. - Check the Administration section Part 2 to see if your planned development is exempt from needing a development permit. If so, you may proceed with development, as long as it meets the other requirements in this zoning bylaw and other applicable bylaws. - If you need a development permit, fill out a development permit application. - You are responsible for finding out any other provincial or federal regulations applying to your development, as well as any other required local permits, including building permits, plumbing permits, electrical permits, demolition permits, etc.if applicable. 2 Table of Contents PART 1: Applicability and Scope ...................................................................................................... 5 Title ............................................................................................................................................ 5 Scope ......................................................................................................................................... 5 Application .............................................................................................................................. 5 Use and Development of Land and Buildings Must Comply ................................ 5 Restrictions in Other Bylaws or Federal and Provincial Laws .............................. 5 Does Not Promote Nuisance............................................................................................. 5 PART 2: Administration ....................................................................................................................... 6 2.1 Administration and Enforcement ................................................................................... 6 2.2 When Development Permits are Required ................................................................. 6 2.3 Development Permits and Other Permits ................................................................... 6 2.4 When Development Permits are Not Required ......................................................... 6 2.5 Applications for Development Permits ........................................................................ 7 2.6 The Development Officer ................................................................................................... 7 2.7 Roles of the Development Officer .................................................................................. 7 2.8 Responsibilities of Council ................................................................................................ 7 2.9 Duties of the Owner ............................................................................................................. 8 2.10 Application for Amendments, Variances and Conditional Uses .......................... 8 2.11 Expiry of Approval ................................................................................................................ 8 2.12 Subdivisions ............................................................................................................................ 8 2.13 Development Agreement .................................................................................................. 8 2.14 Rules of Construction .......................................................................................................... 9 2.15 Interpretation ......................................................................................................................... 9 PART 3: Definitions .............................................................................................................................. 11 3.1 Definitions in The Planning Act ...................................................................................... 11 3.2 Definitions in this Bylaw ................................................................................................... 11 PART 4: General Regulations ........................................................................................................... 18 4.1 Regulation of Uses .............................................................................................................. 18 4.2 Multiple Uses or Provisions ............................................................................................. 18 4.3 Secondary Uses and Structures ..................................................................................... 18 4.4 Accessory Buildings and Structures ............................................................................ 18 4.5 Non-Conforming Buildings, Structures, Lots and Uses ......................................... 19 4.6 Required Yards..................................................................................................................... 20 4.7 Temporary Buildings, Structures, or Uses ................................................................. 20 4.8 Road Access .......................................................................................................................... 20 4.9 Service Connections .......................................................................................................... 20 3 4.10 Public Utilities ...................................................................................................................... 20 4.11 Minimum Dwelling Unit Area ......................................................................................... 20 4.12 Maximum Fence Height .................................................................................................... 21 4.13 Prohibited Fencing Materials .......................................................................................... 21 4.14 Outdoor Storage ................................................................................................................... 21 4.15 Outdoor Lighting ................................................................................................................. 21 4.16 Minimum Parking ............................................................................................................... 22 4.17 Parking Requirements Based on Floor Area............................................................. 22 4.18 Parking Stall and Aisle Specifications ......................................................................... 22 4.19 Minimum and Maximum Driveway Width................................................................. 24 4.20 Barrier-Free Parking Spaces ........................................................................................... 24 4.21 Surface and Maintenance ................................................................................................ 24 4.22 Landscaping and Buffering ............................................................................................. 24 4.23 Location .................................................................................................................................. 24 4.24 Maximum Parking Spaces ............................................................................................... 25 4.25 Bicycle Parking Requirement ........................................................................................ 25 4.26 Reductions to Parking Requirements ......................................................................... 25 4.27 Landscaping for Large Parking Areas ......................................................................... 25 4.28 Minimum Loading Spaces ............................................................................................... 25 4.29 Loading Space Standards ................................................................................................ 26 4.30 Maintaining Grades for Drainage .................................................................................. 26 4.31 Lot Grading ............................................................................................................................ 26 4.32 Standards for Portable Garages .................................................................................... 26 4.33 Development Near Pipelines .......................................................................................... 27 4.34 Private Communications Facilities ............................................................................... 27 4.35 Standards for Shipping Containers .............................................................................. 27 4.36 Swimming Pools and Hot Tubs ...................................................................................... 27 4.37 Hazard Lands ........................................................................................................................ 28 4.38 Flood Risk Areas .................................................................................................................. 28 4.39 Riparian and Wetland Areas ........................................................................................... 28 4.40 Exceptions to Riparian Setbacks ................................................................................... 28 4.41 Protection of Important Areas ....................................................................................... 28 4.42 No Alteration of Wetlands ............................................................................................... 28 4.43 Development Setbacks from Railways ....................................................................... 28 4.44 Established Street Standards for Front Yards .......................................................... 29 4.45 Development Setbacks from Highway Intersections ............................................ 29 4.46 Rooftop Gardens and Green Roofs ............................................................................... 29 4.47 Carpooling and Green Vehicles ..................................................................................... 29 4.48 District Energy System ..................................................................................................... 29 4.49 Outdoor Solid Fuel Heating System Buildings or Structures ............................. 29 4 4.50 Signage Regulations .......................................................................................................... 29 4.51 Signs Not Requiring a Development Permit ............................................................. 30 4.52 Digital Signs .......................................................................................................................... 30 PART 5: Zones ....................................................................................................................................... 36 5.1 Establishing Zones ............................................................................................................. 36 5.2 Zoning Boundaries ............................................................................................................. 36 5.3 Permitted and Conditional Uses ................................................................................... 36 5.4 Bulk Regulations ................................................................................................................. 36 PR - Parks, Recreation, and Open Space ...................................................................................... 37 AR - Agriculture Reserve ........................................................................................................................ 38 RR - Rural Residential .............................................................................................................................. 40 RLD - Residential Low Density ............................................................................................................ 41 RMD - Residential Medium Density ............................................................................................... 43 RMH - Residential Mobile Home ...................................................................................................... 45 CN - Commercial Neighbourhood .................................................................................................. 46 CC - Commercial Corridor ..................................................................................................................... 48 IG - Industrial General .............................................................................................................................. 50 EI - Education and Institution ............................................................................................................. 52 PART 6: Use-Specific Standards ..................................................................................................... 53 6.1 Bed and Breakfasts ............................................................................................................ 53 6.2 Two-Unit Dwellings ............................................................................................................ 53 6.3 Multi-Unit Dwellings .......................................................................................................... 54 6.4 Home-Based Businesses .................................................................................................. 54 6.5 Home Industries .................................................................................................................. 54 6.6 Community Gardens .......................................................................................................... 55 6.7 Urban Farms ......................................................................................................................... 55 6.8 Wind Energy Generating System Tower (Commercial) ........................................ 56 6.9 Solar Collectors .................................................................................................................... 56 6.10 Sewage Treatment Sites (Lagoon)................................................................................ 57 6.11 Mobile Homes ....................................................................................................................... 57 6.12 Mobile Home Parks ............................................................................................................ 57 6.13 Planned Unit Developments ........................................................................................... 58 6.14 Secondary Suites ................................................................................................................. 58 6.15 Separation Distances for Dangerous Goods or Agrichemical Storage Facilities ................................................................................................................................. 59 SCHEDULE A: ZONING MAP ............................................................................................................... 60 Town of Altona Zoning Map 1 ..................................................................................................................................... 60 5 PART 1: Applicability and Scope Title This bylaw shall be known as the Town of Altona Zoning Bylaw. Scope This bylaw applies to all lands in the Town of Altona as indicated on Map 1 of Schedule A of this bylaw. Application This bylaw regulates: a) the construction, erection, alteration, enlargement or placing of buildings and structures b) the establishment, alteration, or enlargement of uses of land, buildings and structures c) all other forms of development not included above Use and Development of Land and Buildings Must Comply Within the Town of Altona, no land, building or structure shall be used or occupied, and no building or structure shall be constructed, erected, altered, enlarged or placed, except in accordance with this bylaw. Restrictions in Other Bylaws or Federal and Provincial Laws Whenever a provision of another bylaw or a law or regulation of the provincial or federal government contains a restriction governing the same subject matter contained in this bylaw, or imposes inconsistent regulations with respect to uses, buildings, or structures, the most restrictive or highest standard shall prevail. Does Not Promote Nuisance Nothing in this bylaw or in a development permit, approval of a conditional use, variance order or other approval issued under this bylaw shall be construed as authorization for the carrying out of any activity which is a nuisance due to noise, odour, emission, vibration or other cause. 6 PART 2: ADMINISTRATION This bylaw shall be administered in accordance with the provisions of The Planning Act and this PART. 2.1 Administration and Enforcement In the administration and enforcement of this bylaw, the Town of Altona shall have all of the powers of inspection, remedy and enforcement provided under Part 12 of The Planning Act. 2.2 When Development Permits are Required A development permit is required for any of the following, except as otherwise provided for in this bylaw: d) the erection, construction, enlargement, structural alteration or placing of a building or structure, either permanent or temporary e) the establishment of a use of land or a building or structure f) the change of a use of land or a building or structure from the existing use to a use which is not a permitted use g) the alteration or enlargement of an approved conditional use 2.3 Development Permits and Other Permits The issuance of a development permit in respect of building or structure does not affect the obligation to obtain a building permit or other permit where required under the building bylaw, or another law, bylaw or regulation, for such a building or structure. 2.4 When Development Permits are Not Required A development permit is not required for the following: a) incidental alterations b) agricultural cropping of land c) the erection, construction, enlargement, structural alteration or placing of the following as accessory structures: i) fences, ten feet or less in height ii) signs (if addressed in 4.55) iii) outdoor lighting iv) flagpoles v) sheds, playhouses, and buildings for the storage of domestic equipment and supplies with a floor area of less than 107 square feet vi) private communications facilities under 30 feet in height vii) unenclosed patios less than two feet above grade and/or anchored to the adjacent building viii) swimming pools with a water depth of less than four feet ix) driveways, patios, retaining walls and other similar landscaping features that do not materially alter the existing grade and natural surface drainage pattern d) Despite not requiring a development permit, all items in this provision shall be subject to requirements of this bylaw. 7 2.5 Applications for Development Permits An application for a development permit: a) shall be made by the owner or owners of the parcel in question, or by a person authorized in writing by them b) shall be accompanied by plans drawn to scale showing the following: i) the shape and dimensions of the parcel to be used or built on ii) the location and dimensions of existing buildings and structures iii) the location and dimensions of any proposed building, structure, enlargement or alteration iv) the use or uses of each existing and proposed building and structure, or of the land, and the area to be occupied by each use c) vehicular access, utility connections, parking areas, loading areas, or signage (where applicable) d) May be required to be accompanied by a building location certificate (for existing buildings only) e) May be required to be accompanied by the fee prescribed by Planning District as well as any charges arising to the Municipality resulting from the issuance of the Development Permit. 2.6 The Development Officer The position of the Development Officer is hereby established. The person appointed as Development Officer by the Planning District Board shall be a designated officer for the purposes of The Planning Act. 2.7 Roles of the Development Officer The Development Officer shall have the authority to: a) issue development permits and exercise the powers of administration, inspection, remedy and enforcement provided in Part 12 of The Planning Act. b) refuse to issue a development permit where: i) the development permit application, or any information accompanying the development permit application, is incorrect or incomplete ii) the proposed building, structure or use does not, to the development officer's knowledge, comply with this zoning bylaw, the Building Bylaw or with any other law c) revoke a development permit where the development permit was issued in error. d) make a minor variance order, without the need for a public hearing, for any proposed change that varies: i) any height, distance, area, size or intensity of use requirement in the zoning bylaw by no more than 15 per cent ii) the number of parking spaces required by the zoning bylaw by no more than 15 per cent 2.8 Responsibilities of Council Subject to the provisions of The Act, Council is responsible for: a) Administering and enforcing the provisions of this By-law b) Considering the adoption or rejection of proposed amendments or the repeal of this By-law c) Approving or rejecting variance applications d) Approving or rejecting conditional use applications, and may revoke the authorized conditional use for any violation of any additional conditions imposed by it e) Establishing a schedule of fees; and f) Appointing a Development Officer to administer this By-law. 8 2.9 Duties of the Owner Subject to the provisions of The Planning Act, the Owner is responsible for: a) The preparation of all application forms and drawings which are required to be submitted to the Development Officer in accordance with the provisions of this By-law and The Planning Act b) Obtaining all necessary permits and approvals which may be required by the Board, Council or any agencies or departments of the provincial or federal governments, prior to the commencement of construction, or the change of use of any land, building or structure c) Ensuring that all work is completed in accordance with the approved application and development permit d) Obtaining the written approval of the Development Officer before doing any work at variance with the approved development permit; and e) Permitting the Development Officer to enter any premises at any reasonable time for the purpose of administering or enforcing this By-law, and shall not molest, obstruct, or interfere with the Development Officer in the discharge of his/her duties under this By-law. 2.10 Application for Amendments, Variances and Conditional Uses An application for a variance, or conditional use, or an amendment to this bylaw must be in the proper form and must be accompanied by the fee prescribed by the Town. The application must also be accompanied by: a) plans drawn to scale showing the shape and dimensions of the affected property b) plans drawn to scale showing the location and dimensions of existing buildings and structures c) plans drawn to scale showing the location and dimensions of the proposed building, structure, enlargement or alteration d) a description of the use or uses of each existing and proposed building or structure, or of the land and the area to be occupied by each use e) a description of the reason why the variance, conditional use, or amendment to this bylaw is being requested f) any other information required by the Development Officer to determine compliance with, and to provide for enforcement of, this bylaw 2.11 Expiry of Approval The approval of Council of a variance or conditional use shall expire and cease to have any effect if it is not acted upon in the opinion of the Chief Administrative Officer within twelve (12) months of the date of decision, unless it is renewed prior to the expiry date at the discretion of Council for an additional period of twelve (12) months (subject to Provincial regulations). 2.12 Subdivisions Approval of a subdivision of land is subject to the provisions contained in The Planning Act and to the policies contained within the RPGA Development Plan and amendments thereto. Parcels or lots resulting from said subdivision must conform to the site area and site width requirements of the zone in which they are located as established herein. Notwithstanding the fact that a parcel of land may exceed the minimum site area and site width requirements, the Council is not, in any manner, obligated to approve a subdivision of said parcel. 2.13 Development Agreement Where an application is made for a subdivision, variance, conditional use or amendment to this By-law, the Council may require the owner to enter into a development agreement in accordance with the Act. 9 2.14 Rules of Construction The following rules of construction apply to the text of this By-law: a) Words, phrases and terms are as defined within this By-law. b) Words, phrases and terms not defined within this By-law shall be as defined in The Planning Act, The Municipal Act, The Buildings and Mobile Homes Act, The Manitoba Building Code, the Building or Plumbing By-laws of the Town of Altona and other appropriate provincial acts and regulations. c) Words, phrases and terms neither defined in this By-law nor in an applicable Building or Plumbing By-law or other appropriate provincial acts and regulations shall be given their usual and customary meaning except where Council determines the context clearly indicates a different meaning. d) Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunction "and," "or" or "either-or," the conjunction shall be interpreted as follows: i) "and" indicates that all the connected items, conditions, provisions or events shall apply in any combination; ii) "or" indicates that the connected items, conditions, provisions or events may apply singly but noRoles t in combination; and iii) "either-or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination. e) The word "includes" or "including" shall not limit a term to the specified examples, but is intended to extend the meaning to all instances or circumstances of like kind or character. f) The phrases "used for" includes "arranged for," "designed for," "maintained for" or "occupied for." 2.15 Interpretation In their interpretation and application, the provisions of this Part and the provisions of all zones established herein shall be held to be the minimum requirements to satisfy the intent and purposes set forth in each zone. The general provisions applying to all zones are contained within Part 1: Applicability and Scope, Part 2: Administration, Part 3: Definitions, Part 4: General Regulations, and the Zoning Maps. Drawings and illustrations form part of this By-law and are provided to assist in interpreting and understanding the By-law. Where any conflict or inconsistency arises between a drawing or illustration and the text of the By-law, the text shall govern. Tables form part of this By-law and provide regulatory standards, either to supplement the text or in place of text. Table headings, including column headings, row headings, and groupings of columns and rows, form part of this By-law and have legal effect. Table notes, located within the tables, indicate special situations that affect the application of standards to specific zoning districts and are also part of this By-law. Where any conflict or inconsistency arises between a table and the text of the By-law, the text shall govern. The provisions of this By-law shall be interpreted to be the minimum regulations except where the abbreviation for, or word, maximum is used, in which case the maximum regulation shall apply. In the interpretation of the boundaries of the zones as shown on the Zoning Maps, the following rules shall apply: a) Heavy lines represent zone boundaries. Where the zone boundary is broken by the name of a street it shall be construed that the boundary continues through the name of the street. b) Notwithstanding that streets, lanes, and public utility rights-of-way may be within the zone boundaries, the regulations contained in this By-law shall not be deemed to be applicable to said streets, lanes and public utility rights-of-way. 10 c) Boundaries indicated as following the centrelines of streets, highways or lanes shall be construed as following such centrelines. d) Boundaries indicated as following lot, site or property holding lines on a registered plan shall be construed as following such lot, site or property holding lines. e) Boundaries indicated as following the limits of an incorporated municipality shall be construed as following the limits of said municipality. f) Boundaries indicated as following the centrelines of railway lines or railway rights-of-way or public utility rights-of-way shall be construed to be midway between the main tracks or the centre of the rights-of-way, as the case may be. g) If a street, lane or Government Road Allowance shown on the Zoning Map is lawfully closed, the land formerly comprising the street or lane or government road allowance shall be included within the zone of the adjoining land; however, if the said street or lane or government road allowance was a zoning boundary between two or more different zones, the new zoning boundary shall be the former centreline of the closed street or lane or government road allowance, except where the closed road is being transferred to an adjoining owner, in which case the boundary shall follow the limit of the consolidated property. h) Where the zoning of a single site or lot is split into more than one zoning district, each portion of the site or lot shall be developed and used in accordance with the provisions of the applicable zoning district. i) All plan references on the Zoning Maps pertain to registered plans filed in the Winnipeg Land Titles Office. j) The abbreviations noted within the text or on the Zoning Maps mean the following: iv) "Blk." means Block; v) "Gov't Rd. All'ce" means Government Road Allowance; vi) "Pcl." means Parcel; vii) "Pt." means Part; viii) "Rge." means Range; ix) "R.M." means Rural Municipality; x) "Sec." means Section; xi) "Twp." means Township; xii) "E.P.M." or "E" means East of the Principal Meridian; xiii) "P.R." means Provincial Road; xiv) "P.T.H." means Provincial Trunk Highway; xv) "dist." means distance; xvi) "incl." means including; xvii) "max" means maximum; xviii) "min" means minimum; xix) "sq.ft." means square feet; xx) "in" means inches when following a number; xxi) "sq.m." means square metres; and xxii) "lin.ft." means linear feet. 11 PART 3: DEFINITIONS 3.1 Definitions in The Planning Act Terms not defined in this bylaw which are defined in The Planning Act have the meaning provided in that act. 3.2 Definitions in this Bylaw Where the following terms appear in this bylaw, they have the meaning provided as follows: Accessory means a use, building or structure that is naturally and normally incidental, subordinate in purpose or area, or both, and exclusively devoted to the use, building, or structure to which it is accessory. A use shown as a conditional use in the Bulk/Use Tables cannot be accessory to a use shown as a permitted use for the same zone. Alterations, Incidental means changes or replacements in the non-structural parts of a building or structure, including, but not limited to the following: a) An addition, alteration, removal, reconstruction or replacement on the non-structural exterior of a residential building b) An addition, alteration, removal, reconstruction or replacement of any unroofed driveway, sidewalk, patio or any accessory building floor c) Alteration of non-load bearing interior partitions in all types of buildings d) Replacement of, or changes in, the capacity of utility pipes, ducts or conduits e) Replacement and placement of necessary roofing materials, awnings, eaves, overhangs and related structures, provided the area and height of the roof are not increased f) The addition and replacement of interior structures such as furnaces, fuel tanks, water heaters, fireplaces or wood stoves g) Replacement of exterior building facades Alterations, Structural means any change, which prolongs the life of the supporting members of a building or structure, which includes, but is not limited to, bearing walls, columns, beams or girders. Animal Keeping means a use where livestock or other animals (excluding pets) less than 10 animal units (cumulative across species) are sheltered, bred, raised, or sold. This includes, but is not limited to, stables and kennels. Apiary means any place where bees are kept. Bed and Breakfast means a temporary accommodation (shared with permanent residents of the dwelling), typically with breakfast, offered to the travelling and vacationing public in a private residential dwelling for an all-inclusive fee. Building has the meaning provided in The Planning Act, except that it does not include a well, pipeline, excavation, cut, fill, or transmission line. Cannabis means cannabis as defined in the Cannabis Act (Canada). Cannabis retail store means the premises specified in a retail cannabis licence where the retail sale of cannabis is authorized. Cannabis licence, retail means a licence issued under the Liquor, Gaming and Cannabis Control Act. Cannabis Cultivation includes the following: 12 a) Standard cultivation means the large-scale growing of cannabis plants and harvesting material from those plants, as well as associated activities. b) Micro-cultivation means the small-scale growing of cannabis plants and harvesting material from those plants, as well as associated activities. c) Industrial hemp means the growing of industrial hemp plants (those containing 0.3 per cent THC or less) and associated activities. d) Nursery means the growing of cannabis plants to produce starting material (seed and seedlings) and associated activities. Cannabis Processing includes the following: a) Standard processing means the large-scale manufacturing, packaging and labelling of cannabis products designed for sale to consumers, and the intra-industry sale of these products, including to provincially/territorially authorized distributors, as well as associated activities. b) Micro-processing means the small-scale manufacturing, packaging and labelling of cannabis products designed for sale to consumers, and the intra-industry sale of these products, including to provincially/territorially authorized distributors, as well as associated activities. Community Garden means an area managed by a non-profit organization, a community-based entity or a public entity where members of the community may grow plants for beautification, education, recreation, community distribution or personal use. Controlled Area means the area between a declared provincial highway right-of-way and a control line, measure from the edge of the provincial highway right-or-way or within a control circle measured from the centre of a provincial highway intersection, as defined in The Transportation Infrastructure Act. Design Flood means a flood magnitude on a water body that, on average, is expected to occur once during a two hundred year period. Development Permit means a permit issued by the Town of Altona authorizing development, and may include a building permit. Drinking Establishment mean a building or a portion of a building, which is licensed by the Government of Manitoba, where the principal purpose is the sale of alcoholic beverages to the public, for consumption on the premises. Drive Through Facility means a facility designed to provide goods or services to the persons in standing (as opposed to parked) motor vehicles, including but not limited to a drive-through restaurant or bank. Dwelling means one or more rooms used or intended to be used as a single housekeeping unit with cooking, sleeping and sanitary facilities. Dwelling, Multi-Unit means a building, located on a single site, containing three or more dwellings (for example, row houses, town houses, or apartment buildings). Dwelling, Single-Unit means a building, located on a single site, containing one dwelling but not a Mobile Home. Dwelling, Two-Unit means a building, located on a single site, containing two dwellings (for example, a duplex or a side-by-side). Floor Area Ratio means the figure obtained when the area of all the floors of the buildings constructed or proposed to be constructed on a lot is divided by the area of the lot, subject to the following: 13 a) the area of the floor of the building shall be measured to the outside edge of the exterior walls, excluding basements and crawl spaces over 1.52 m. (5.00 ft.) clear height and shall exclude balconies, canopies, terraces and sun decks; b) undevelopable areas are excluded; and c) where parking is a principal use of the lot, those areas which are used for parking within the outermost walls of a building or underground shall be counted in the calculation. General Agriculture means an agricultural operation as defined in the Provincial Planning Regulation but does not include a livestock operation. Grade means the average level of finished ground adjoining a building or structure at all exterior walls as determined by the designated officer. Grading means the shaping or sloping of land. Height means the total number of storeys in a building or the vertical distance measured from grade to: a) the highest point of the roof surface of a flat roof b) the deck or eaves of any other roof type Home-Based Business means any business activity which includes manufacturing, sales, a commercial or professional operation, business service, trade, practice, office or use which is carried on or in or from a dwelling unit and/or its permitted accessory buildings, is intended as a for-profit operation, and is clearly incidental to, accessory to, or secondary to the residential use of the dwelling unit. Home Industry means a light manufacturing operation that is carried out as a secondary use on the same site as a dwelling. The land associated with a home industry is more intense than those associated with a Home- Based Business and may include some external noise, odour, light, or traffic impacts as well as the external storage of products or materials. Industrial, Heavy means a use of land that includes the assembly, fabrication, storage, or processing of goods and materials that may have impacts in terms of noise, fumes, odours, or safety hazards outside of the structures in which the use takes place. Industrial, Light means a use of land that includes the assembly, fabrication, storage, or processing of goods and materials that do not create noise, fumes, odours, safety hazards outside of the structures in which the use takes place. Livestock Operation means a permanent or semi-permanent facility or non-grazing area where at least 10 animal units of livestock are kept or raised either indoors or outdoors, and includes all associated manure collection facilities, but does not include an auction mart or sale yard. Microbrewery means a small brewery making specialty beer in limited quantities. Mobile Home means a portable dwelling unit that is designated to be used as a living quarters or as accommodation for travel, recreation, or vacation purposes and that: a) is capable of being transported on its own chassis and running gear by towing or other means, or b) is placed on the chassis or body of a motor vehicle, or c) forms part of a motor vehicle Non-Conformity means a parcel of land, building, structure, or use which lawfully existed prior to the effective date of this By-law or amendments thereto, but does not confirm to the provisions contained within this By-law or amendments thereto. 14 Office means the use of a building or a portion of a building for the provision of services to a business, an organization, or to the public. It does not include the manufacturing of any product or the retail sales of goods. Oil Battery means a system or arrangement of tanks or other surface equipment that receives fluid from, or delivers fluid to, one or more wells, and includes an injection plant, a pump station and equipment or a device designed to separate the fluid into oil, gas, and water and to measure the amount of oil, gas and water. Outdoor Storage means the storage of merchandise, goods, inventory, materials or equipment or other items that are not intended for immediate sale, by locating them outside. Parking Structure (or parkade) means a structure or facility where motor vehicles may be stored for purposes of temporary, daily, or overnight off-street parking as a principal use. The facility may be above, below, or partially below ground and includes parking garages and parking decks. Parking, Surface Lot means an unenclosed area where motor vehicles may be stored for purposes of temporary, daily, or overnight off-street parking as a principal use. Party Wall means a wall forming part of a building and used for separation of adjoining buildings occupied, constructed or adapted to be occupied by different persons or businesses. Patio means a roofless, unenclosed outdoor structure, with or without steps, consisting of a platform or deck and connecting to an exterior door on the ground floor of a dwelling, regardless of whether or not a cellar or part thereof is located beneath such structure. Place of Worship means a building (ex: a church, chapel, mosque, synagogue, or temple) primarily used for religious purposes. Planned Unit Development means a land development project planned as an entity in accordance with an overall site plan which permits flexibility in the setting of buildings, useable open spaces, and the preservation of significant natural features. Porch means a partially enclosed patio having a roof but without any enclosing walls greater than 1.22 m. (4.00 ft.) in height from the top of the patio thereof. Portable garage means a temporary structure intended to store goods or materials that may consist of metal or steel frame and is covered by such material as canvas, plastic, polyethylene, various types of fabric or similar materials. A portable garage is considered to be an accessory use structure only. Preferential parking means a parking space located in a convenient location in close proximity to an entrance. Principal Use means the primary or predominant activity on any lot or within any building or structure. Principal Building means a structure on a site used to accommodate the principal use. Private Communications Facilities means outdoor equipment and structures required for the purposes of transmitting or receiving television, radio, microwave, radar, laser, or similar communications signals. These facilities may include, but are not limited to: antennae, aerials, receiving dishes, transmission beacons, masts and towers. Required Yard means an open area between the exterior wall of a building and the boundaries of the site on which it is located. Retail means the use of a building or portion of a building where goods, wares, merchandise, or similar items (except cannabis) are offered for sale directly to the public. Secondary means a use or structure that takes place on the same site as a principal use or structure that is not naturally and normally carried out as part of that principal use (ex: a daycare in an office building). 15 Secondary Suite means a self-contained living space added to, or created within, a single-family residence. It provides basic requirements for living, sleeping, cooking and sanitation. Serviced Lot means a lot with the ability to connect to a municipal sewer system. Setback means the distance that a development or a specified portion of it, must be set back from a property line. Shipping Container means a steel container that can be used for the shipment of goods via ship, train, or highway tractors. Sign means any writing, illustration, or emblem, which directs attention to a building, use, business, commodity, service, or entertainment. Sign, Advertising means a sign directing attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the same site where the sign is located. Sign, Fascia means a sign or individual letters attached to or inscribed on a wall or other surface and having the exposed face of the sign on a place approximately parallel to the plane of such wall or other surface [and projecting not more than 18 inches (0.5 metres) from the face of such wall]. May include a sign attached to a marquee. Sign, Projecting means a sign attached to a building, which extends perpendicularly beyond the surface of that portion of the building to which it is attached. Sign, Free-Standing means a sign supported by one or more poles, braces or anchors that are placed permanently in the ground and that are independent from any building or other structure. Free-standing signs may include (but are not limited to) billboard signs and signs that are attached to fences. Sign, Awning means a sign that is incorporated into the material of an awning. Sign, Digital means a variable message sign that utilizes computer generated copies involving letters, words, symbols, graphics, animation, video or dynamic text. These signs include incandescent lamps, LED's, LCD's, plasma and other related technology, whereby the copy can be altered by digital means. The purpose of a Digital Sign is to identify a building or premise and its use to the general public and make aware the products and services provided. Sign, Mobile means a sign which is mounted on a trailer, stand, or other support structure which is designed in such a manner that the sign can be readily taken down or relocated, and which may include copy that can be changed through the use of removable characters, panels, or by electronic means. Sign, Inflatable means a three-dimensional device that is designed to be filled with air or gas, which may or may not incorporate writing, illustrations, or emblems. Site means a whole lot or block in a registered plan of subdivision, or the aggregate of all contiguous land described in a certificate of title or in more than one certificate of title provided they are in the same ownership. Site, Corner means a site situated at the intersection of two streets. Site, Interior means a site other than a corner site or a through site. Site, Through means a site having a pair of opposite site lines along two more-or-less parallel streets. Site Area means the computed amount of gross land area contained within the site lines. Site Coverage means the combined area of all buildings and structures on the site as a percentage of the site area, measured at the level of the lowest storey above the grade including all enclosed and insulated decks, 16 sunrooms, porches and verandas, but excluding seasonal non-insulated structures, open or covered, such as decks, screen porches or veranda, patios at grade, steps, uncovered walks, wheelchair ramps, cornices, eaves and similar projections. Site Line means one of the boundaries of a site, which include: Site Line, Front means that boundary of a site along an existing or designated street. For a through site or corner site, the site lines along both streets shall be deemed front site lines. (Where an irregular shaped site cannot have its site lines defined by this definition, the front site line shall be determined by the designated officer). Site Line, Rear means that boundary of a site which is most nearly parallel to the front site line. (Where an irregular shaped site cannot have its site lines defined by this definition, the rear site line shall be determined by the designated officer). Site Line, Side means any boundary of a site which is not a front or rear site line. Site Width means the horizontal distance between the side site lines, measured at right angles to the site depth at a point midway between the front and rear site lines, or 40 feet from the front site line, whichever is the lesser. Solar Collector means a panel or other solar energy device with the primary purpose of gathering, storing, and distributing solar energy for electricity generation, space heating, space cooling, or water heating. Solar Collector, Commercial means a solar collector designed and built to provide electricity for commercial sale and distribution to the electricity grid (ex: a solar farm). Solar Collector, On-Site Use means a solar collector intended to primarily serve the electrical needs of the on-site user or consumer (either behind the meter or off-grid) rather than to produce power for resale. Rooftop Solar Collectors are a type of On-Site Use Solar Collectors. Solar Collector, Rooftop means a roof mounted solar collector and associated equipment for converting solar energy to power. Specialized Agriculture means an agricultural operation in which high value, lower volume, intensively managed agricultural products are produced on a smaller land holding than the minimum size required for general agriculture. Storey means 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, but does not include a cellar. Structure means a thing constructed or erected with a fixed location on or below the ground or attached to something with such a fixed location. It includes, but is not limited to, buildings, walls, fences, signs, billboards, light standards and antennas. Temporary Building and Use means a development for which a development permit has been issued for a limited time only. Total Turbine Height means the height from finished grade to the highest vertical point of a wind turbines rotor blades. Urban Farm means a site or building within a settlement centre where fruits, vegetables, and other plant products are grown, washed, or packaged for wholesale or retail sales. This use is distinct from animal keeping. Utility Service means a system furnishing water, sewage collection, electricity, telecommunication towers and related services, gas or similar services to properties by means of pipes, lines and other equipment located on or 17 under public roads and other rights-of-way. It does not include community-scale wind or solar energy generating systems. Wind Energy Generation System means any device or group of devices such as a wind charger, windmill or wind turbine that converts wind energy to electrical energy whether it is used for personal use or for generation of power for sale by an enterprise. Wind Energy Generating System, Commercial means a wind energy generating system designed and built to provide electricity for commercial sale and distribution to the electricity grid. Wind Energy Generating System, On-Site Use means a wind energy generating system intended to primarily serve the electrical needs of the on-site user or consumer (either behind the meter or off-grid) rather than to produce power for resale. Rooftop Wind Energy Generation Systems are a type of On-Site Use Wind Energy Generating System. Wind Energy Generation System, Rooftop means a roof mounted wind turbine(s) and associated equipment for converting wind energy to power. Yard means an open area between the exterior wall of a building and the boundaries of the site on which it is located. Yard, Front means a yard extending all the full length of the front site line between the side site lines. All front yard regulations found in this Bylaw shall be measured from the front property line. Yard, Rear means a yard extending along the full length of the rear site line from the front yard to the rear yard. Yard, Side means a yard extending along the side site line from the front yard to the rear yard. Yard required means the yard measured from a front, rear, or side site line towards the interior of the site within which no building or any part of a building may be located, except as provided in this bylaw. 18 PART 4: GENERAL REGULATIONS The following regulations shall apply to all use and development of land and buildings in the Town of Altona, except where otherwise noted in this bylaw. 4.1 Regulation of Uses No land, building or structure shall be used or occupied except for a use which: a) Is listed in the Bulk/Use Tables as: i) A Permitted Principal Use ii) A Permitted Secondary Use iii) A Conditional Principal Use, subject to approval as such iv) A Conditional Secondary Use, subject to approval as such b) Is an Accessory Use c) Is a Temporary Use 4.2 Multiple Uses or Provisions Where land, a building, or a structure is used for more than one purpose, all provisions of this bylaw relating to each use must be satisfied. Where more than one provision in this bylaw is applicable, the higher or more stringent requirement shall apply unless specified otherwise. 4.3 Secondary Uses and Structures No secondary use or structure shall be established except those in compliance with the following regulations: a) no secondary use or structure shall be established prior to the establishment of the principal use of land, building or structure to which it is secondary b) no land, building, or structure shall be used or occupied for any secondary use after the use or uses to which it is secondary have been discontinued 4.4 Accessory Buildings and Structures No accessory building or structure shall be constructed or erected, except those in compliance with the following regulations: a) where the accessory building or structure is attached to a principal building or structure, it shall be subject to, and shall conform to, all regulations of this bylaw applicable to the principal building or structure b) where the accessory building or structure is detached from the principal building or structure, it shall be subject to, and shall conform to, all regulations of this bylaw applicable to accessory buildings or structures c) no accessory building or structure shall be constructed within 10 feet of the principal building or structure d) no accessory building or structure shall be constructed on any zoning site prior to the time of construction of the principal building to which it is accessory except where it is allowed by written agreement from the Town of Altona An accessory building or structure shall not be used as a dwelling, except where otherwise permitted in this bylaw. 19 4.5 Non-Conforming Buildings, Structures, Lots and Uses A non-conforming use and a non-conforming building or structure shall be regulated in accordance with and subject to the provisions of The Act, unless otherwise provided for in this By-law. A non-conformity that existed prior to the effective date of this By-law remains a non-conformity for the purposes of this By-law unless it complies with this By-law. A non-conforming building may continue to be used, but the building shall not be enlarged, added to, rebuilt or structurally altered except: a) as may be necessary to make it a conforming building; or b) as the Development Officer considers necessary for the routine maintenance of the building. Repairs or incidental alterations may be made to a non-conforming structure. Where the Development Officer determines that a non-conforming building or structure is damaged by more than fifty percent (50%) of the cost of constructing an equivalent new building or structure, the building or structure may be repaired or rebuilt in conformance with this By-law and any approved variation and conditional use if a development permit is obtained within one hundred and eighty (180) days of the date of damage or extended by resolution of Council, and restoration begins within one (1) year. If the size or dimensions of an existing parcel of land do not conform with this By-law, the owner of the land may: a) use the land for any use permitted under this By-law; and b) construct or alter a building on the land if all other requirements of this By-law are met (such as yards, building height, and floor area). A non-conforming use of a structure or of a parcel of land, or portion thereof, which is, or hereafter becomes, abandoned, vacant, or unoccupied, and remains vacant and unoccupied for twelve (12) consecutive months, shall not thereafter be occupied or used except for a use which conforms to the applicable zoning district regulations. Unless otherwise provided for herein an existing building, structure or use which was illegal under the provisions of the Town of Altona Zoning By-law 1709/2013 in force on the effective date of this By-law and amendments thereto shall not become or be made legal solely by reason of the adoption of this By-law; and to the extent that, and in any manner that, said illegal building, structure or use is in conflict with the requirements of this By-law, said building, structure or use remains illegal hereunder. A person with an interest in a building, a parcel of land or an operation involving a use of land that does not comply with this By-law may apply to the Development Officer with adequate documentation for a Certificate of Non-Conformity confirming that the building, parcel, use of land, or intensity of use was lawfully in existence before the enactment of this By-law. 20 4.6 Required Yards Required yards shall be free of buildings, except accessory buildings, which must conform to the other requirements of this bylaw. a) Architectural features and open, unenclosed projections, whether vertical or horizontal, such as chimneys, bay windows, alcoves, canopies and awnings, eaves and gutters, stairs, landings, porches, and unenclosed balconies, may extend into the required yards for not more than 50 per cent of the required yard depth, up to a maximum of ten feet (three metres), except for wheelchair ramps (or similar accessibility structures), which are not subject to the restrictions for required yards. b) Fences are permitted in all required yards and: a. Can be placed up to the property line in all zones. b. No fence or hedge which may obstruct visibility near an uncontrolled intersection shall be located within an area formed by the intersecting road lines and a straight line joining points on the said road lines one hundred and fifty (150) feet from the point of intersection of the road lines in the AR, RR and CC zones. c. No fence or hedge which may act as a windbreak shall be located within 50 feet of a road allowance in the AR, RR and CC zones. d. Livestock fences cannot be placed within 5 feet of a property line. c) Trees are not permitted within 3 feet of the property line in any Side Yard or within 15 feet of the property line in any Corner Side Yard in the RLD zone. d) Trees are not permitted within 5 feet of the property line in any Side Yard in the AR and RR zones. e) Hedges are permitted in a Side Yard or Corner Side Yard (if applicable), but may not exceed the Maximum Fence Height as indicated in 4.12, in the RLD zone. 4.7 Temporary Buildings, Structures, or Uses Temporary buildings, structures, or uses may be allowed on a non-permanent basis subject to the issuance of a development permit under the following conditions: a) A development permit for a temporary building, structure or use shall be subject to such terms and conditions as required by council. b) Each development permit issued for a temporary building, structure or use shall be valid for a period of not more than 12 months and may not be renewed for more than [two] successive periods at the same location. 4.8 Road Access No permanent building may be constructed or placed on a parcel which does not have legal access to an improved public road. 4.9 Service Connections Where a parcel is served by municipal piped sewer or water, no permanent principal building or dwelling or secondary suite shall be constructed or placed unless it is connected to such services and applicable fees paid. 4.10 Public Utilities This bylaw shall be interpreted so as not to interfere with the construction, erection and location of a Utility Service's works, plant, pipes, cables, or equipment. 4.11 Minimum Dwelling Unit Area All Dwelling Units must be at least 600 square feet in area. 21 4.12 Maximum Fence Height Fence height is measured from the highest part of the fence to the point where the fence post enters grade. Where a fence is located on top of a retaining wall, the height to the fence shall include the height of the retaining wall measured from the finished grade. No fence shall exceed the following heights: Standards PR AR RR RMH RLD RMD CN CC IG EI Fence Height: Front Yard (Maximum) 10ft (3m) 10ft (3m) 3ft (1m) 3ft (1m) 3ft (1m) 3ft (1m) 3ft (1m) 3ft (1m) 10ft (3m) 10ft (3m) Fence Height: Side and Rear Yards (Maximum) 10ft (3m) 10ft (3m) 6.5ft (2m) 6.5ft (2m) 6.5ft (2m) 6.5ft (2m) 6.5ft (2m) 6.5ft (2m) 10ft (3m) 10ft (3m) 4.13 Prohibited Fencing Materials Fences shall: a) Not be electrified, except as an accessory to a permitted agricultural use in the AR zone. b) Not contain barbed wire, except as an accessory to a permitted industrial or agricultural use in the AR, or IG zones. c) Not contain scrap metal or industrial waste material. d) Snow fences are not permitted in Residential zones. e) Not be made of chain link or a snow fence if located in a front yard within the RLD, RMD, RR, RMH, CN or CC zones. 4.14 Outdoor Storage Outdoor storage of goods, materials, and equipment shall not project above the height of the fence or wall. 4.15 Outdoor Lighting Outdoor lighting is only allowed if the following standards are met: a) Any outdoor lighting (other than those exempted in provision (c) below) must be located, arranged, or shielded so that no light is directed at any adjoining properties or interferes with the effectiveness of any traffic control device. b) The maximum permitted height of a light fixture is 20 feet (nine metres). c) These standards do not apply to federally-regulated or provincially-regulated buildings and structures (including the lighting required for airports and towers). 22 4.16 Minimum Parking Accessory off-street parking spaces shall be provided according to the minimum number of spaces as calculated by Table 1 for uses within the Bulk/Use Categories indicated in Part 5: Zones. All accessory off- street parking spaces shall be located on the same site as the principal use, unless specifically permitted to locate elsewhere. There are no parking requirements for zones not included in the table. Except as otherwise provided for in this Bylaw, no parking space shall be located within a required front yard. Table 1: Minimum Off-Street Parking Requirements Use Category RR RLD RMD CN CC IG Unit Residential 1.0 1.0 1.0 1.0 1.0 - Per Dwelling Unit Lodging 1.0 1.0 1.0 1.0 1.0 - Per Bedroom Office 1.0 1.0 1.0 1.0 1.0 1.0 Per 100 m2 (1075 sq ft.) Retail 1.0 1.0 1.0 1.0 1.0 1.0 Per 100 m2 (1075 sq ft.) Civic 1.0 1.0 1.0 1.0 1.0 - Per 100 m2 (1075 sq ft.) Education 1.0 1.0 1.0 1.0 1.0 - Per 100 m2 (1075 sq ft.) Industrial 1.0 1.0 1.0 1.0 1.0 1.0 Per 100 m2 (1075 sq ft.) 4.17 Parking Requirements Based on Floor Area Where parking requirements are based on the "floor area" of the use, the term "floor area" means the gross floor area of the principal building, excluding: a) Any area used for parking within the principal building b) Any area used for incidental service storage, mechanical equipment, or similar uses 4.18 Parking Stall and Aisle Specifications Off-street parking spaces shall meet the parking stall and aisle specifications in Table 2. If the proposed spaces are designed at an angle that is not in Table 2, use the specifications for the angle that is closest. 23 Table 2: Parking Stall and Aisle Specifications Minimum Stall Dimensions Minimum Aisle Width Angle Configuration Stall Width (a) Stall Depth (b) Two - Way (c) One - Way (c) 90° (Head- In) 9 ft (2.75m) 18 ft (5.5m) 22 ft (6.7m) 20 ft (6.0m) 60° (Angled) 9 ft (2.75m) 18 ft (5.5m) 24 ft (7.3m) 18 ft (5.5m) 45° (Angled) 9 ft (2.75m) 18 ft (5.5m) 24 ft (7.3m) 12 ft (3.7m) 0° (Parallel) 9 ft (2.75m) 18 ft (5.5m) 22 ft (6.7m) 12 ft (3.7m) 24 4.19 Minimum and Maximum Driveway Width In the Residential Low Density zone, the width of a driveway leading to or from the parking area of a dwelling (single unit), dwelling (two unit), and mobile home shall be at least eight (8) feet in width and no more than 50% of the site width to a maximum of 35 feet. In all other zones (excluding Agricultural zones) the width of a driveway providing on-site parking access must be no less than 15 feet wide and no more than 35 feet wide. 4.20 Barrier-Free Parking Spaces Barrier-Free parking spaces shall be provided according to the minimum number of spaces specified by Table 3. Each barrier-free parking space shall have a minimum width of 12 feet (3.5 meters) and a minimum length of 23 feet (seven meters). Barrier-free parking spaces shall be located within close proximity and access to the principal building entrance. Barrier-free spaces must be clearly marked and reserved for the exclusive use of people with mobility issues. Barrier free spaces are not required in the Residential Low Density zone. The number for barrier free spaces required is included within the overall number of off street parking spots required. Table 3: Required Barrier-Free Parking Spaces Number of Off-Street Parking Spaces on a Zoning Site Minimum Number of Barrier-Free Parking Spaces 1 - 25 1 26 - 50 2 51 - 75 3 76 - 100 4 101+ 4 plus 1 for every 50 additional spaces, to a maximum of 10 spaces 4.21 Surface and Maintenance An off-street parking area and its access driveways shall be surfaced and drained so that there will be no free flow of water onto public sidewalks or adjacent properties [other than through a drain, ditch or swale]. The surface for an off-street parking area in any zone may be constructed of asphalt, concrete, or permeable paving blocks. The surface for an off-street parking area in the AR, RR, PR, and IG zones may also be constructed out of gravel, crushed rock or other aggregate material. 4.22 Landscaping and Buffering If a surface parking lot or accessory parking area abuts a public street, the parking area must: a) Provide bumper guards, wheel stops, masonry walls or fences in order to prevent a vehicle from encroaching onto public or private property b) Be described in a Landscape Plan and approved by the Development Officer. 4.23 Location An accessory parking area must comply with the minimum yard requirements for the zone in which the parking area is located. 25 4.24 Maximum Parking Spaces The number of accessory off-street parking spaces for any building or use in any Commercial or Industrial zone shall not exceed the amount determined as follows: a) For parking lots of less than 20 spaces, the number of parking lots may not be more than 200 per cent of the minimum number of spaces identified in Table 1, including accessible spaces b) For parking lots of more than 20 and less than 50 spaces, the number of parking lots may not be more than 120 per cent of the minimum number of spaces identified in Table 1, including accessible spaces c) For parking lots of more than 50 spaces, the number of parking lots may not be more than 110 per cent of the minimum number of spaces identified in Table 1, including accessible spaces d) For Single Unit Dwellings, Two-Unit Dwellings, and Mobile Homes, in any Residential zone, on-site parking must be limited to a maximum of six (6) vehicles which may include: i) A maximum of four (4) passenger vehicles ii) A maximum of one (1) travel trailer iii) A maximum of one (1) truck having a registered gross vehicle weight of no more than 6,800 kilograms, and iv) A maximum of one (1) truck having a registered gross vehicle weight of more than 6,800 kilograms if located in any zone other than Residential Low Density 4.25 Bicycle Parking Requirement One lockable bicycle space must be provided for every five required automobile parking spaces in a new development. 4.26 Reductions to Parking Requirements At the owner's option, the off-street parking requirements in Table 1 may be reduced by following one of the requirements below: a) In buildings that contain more than one different use function (for example, a building with retail on the main floor and residential above), the number of minimum parking spaces in Table 1 is reduced to 75 per cent of the total sum of the parking spaces (of the different functions) that would normally be required. b) The Development Officer may vary the parking requirements on a site by up to 15 per cent if the Applicant prepares a Parking Management Plan that provides reasons a lower amount of automobile parking is adequate to meet the needs of the proposed development (for example, due to the proximity of other public parking areas, public transportation, car share programs, or bicycle parking). 4.27 Landscaping for Large Parking Areas If a surface parking lot or accessory parking area is a size of 40 or more parking stalls, a site plan must be submitted for Council approval. 4.28 Minimum Loading Spaces Loading spaces shall be provided according to the minimum number of spaces as calculated by Table 4 for uses within the Bulk/Use Categories in Part 5: Zones.There are no loading requirements for zones not included on the table. 26 Table 4: Minimum Required Loading Spaces Use Category RMD CN CC IG EI Unit Residential - - - - - Per Dwelling Retail & Office (> than 10,000 sq. ft.) 1.0 1.0 1.0 1.0 1.0 Per 20,000 sq.ft (1860m2) of floor area of primary building Civic (> than 10,000 sq. ft.) 1.0 1.0 1.0 1.0 1.0 Per 30,000 sq. ft.) (2800m2) of floor area of primary building Industrial 1.0 1.0 1.0 1.0 1.0 Per 20,000 sq. ft. (1860m2) of floor area Other - - - - - 4.29 Loading Space Standards A required off-street loading space shall meet the following minimum standards: a) It shall have minimum dimensions of 30 feet long, 12 feet wide and 14 feet vertical clearance (nine meters long, 3.5 meters wide, with 4.25 meters vertical clearance b) It shall have access to a lane or street c) It shall be provided on the same site as the principal building or use but not in the required front yard 4.30 Maintaining Grades for Drainage The landowner shall establish and maintain lot grading for adequate drainage so that there will be no free flow of water onto public sidewalks or adjacent properties other than through a drain, ditch or swale. 4.31 Lot Grading No person shall proceed with any work that may alter or otherwise change the grading of a lot or property in any manner that may affect the existing or established storm water runoff from that or any adjacent property without first obtaining a development permit. 4.32 Standards for Portable Garages The installation of a portable garage shall be allowed as an accessory use subject to the following rules: a) a portable garage is not allowed within the required front yard of a site b) a portable garage must meet the requirements for accessory building side and rear yard requirements c) a portable garage must not exceed the height restrictions for accessory buildings in the zone in which it is located d) a portable garage must not exceed 200 square feet in area e) a portable garage must be placed on a driveway or parking space 27 f) a portable garage must be kept in good condition (any rip in the fabric must be repaired) i) a maximum of one portable garage is allowed on a site g) not allowed in the RLD or RMD zones. 4.33 Development Near Pipelines Development shall not occur within 650 feet (200 meters) of the centre line of a pipeline unless a proximity agreement has been signed between the pipeline operator and the landowner that waives or reduces this requirement. 4.34 Private Communications Facilities A private communications facility may be allowed as an accessory use in accordance with the minimum yard requirements for accessory structures in the zone in which it is to be located or erected, with the following exceptions: a) The maximum heigh of a private communications facility in all zones is 30 feet, except in the AR zone where the private communications facility is not subject to the height requirements for accessory structures. b) A private communications facility may be located in any rear or side yard in any zone. It may also be located in any front yard in the AR,PR and RR zones c) A private communications facility shall be set back from all property lines of the site on which it is located a minimum distance equal to its total height, measured from grade to the uppermost point of its extension d) A private communications facility may be located on the roof of a building; however if it is located on the roof of a building in the AR, RR, RLD and RMD zones, the weight (including all support apparatus) shall not exceed 75 pounds 4.35 Standards for Shipping Containers A shipping container must adhere to the following standards: a) A shipping container used for storage must meet the requirements for accessory buildings in the zone in which it is located. Shipping containers, when stacked, must not exceed the maximum height for accessory buildings for the zone b) A shipping container is no more than 20 feet in length, 8 feet wide, and 8 ½ feet in height c) A shipping container used as a dwelling must meet the requirements for dwelling units in the zone in which it is located,as well as the requirements necessary to receive a building permit d) A shipping container may be used for temporary storage or emergency purposes, provided it meets the requirements for temporary buildings and structures in this bylaw e) A shipping container must not be used for advertising f) A truck trailer is a shipping container 4.36 Swimming Pools and Hot Tubs Swimming pools, hot tubs, and similar structures with a water depth of greater than four (4) feet, shall be allowed as a permitted accessory use to a residential use (including when located on a farm), recreational, or commercial development provided that: a) they meet the sitting requirements of accessory structures for the zone in which they are located b) the pool area is protected by a fence with lockable gates and a minimum height of six feet (1.8m) to prevent unauthorized entry. The fence and gate must be constructed so as to prevent a child from crawling underneath c) hot tubs must be protected with a cover capable of being locked 28 d) a development permit is required under this bylaw for pools, hot tubs, and similar structures with a water depth of four feet or greater e) nothing in this subsection shall relieve any such structure from complying with the requirements under the local Building Bylaw or applicable provincial regulations including The Buildings and Mobile Homes Act and The Public Health Act 4.37 Hazard Lands Development is prohibited on land that is subject to subsidence or erosion by water or is marshy or unstable, or is otherwise hazardous by virtue of its soil or topography, unless a geotechnical engineering report showing that the development may occur without creating any additional risks is submitted to the Planning District at the time of application for a development permit. 4.38 Flood Risk Areas Development is prohibited on land that is within two feet (0.61 meters) of the high-water mark of the design flood, a recorded flood exceeding the design flood, or a flood specified by Manitoba Infrastructure and Transportation, unless an engineering report showing the development, with flood protection, may occur without creating any additional risks is submitted to the Planning District at the time of application for a development permit. 4.39 Riparian and Wetland Areas No development shall occur within the area 100 feet (30 metres) upslope from the normal high water mark of a natural water body, waterway, wetland, or a third (or higher) order drain, except if the development is permitted as an exception under 4.38 or 4.40. No development shall occur within 50 feet (15 meters) of a first or second order drain, or artificially created retention pond, except if the development is permitted as an exception under 4.38 or 4.40. 4.40 Exceptions to Riparian Setbacks Notwithstanding the restrictions in 4.37, developments that create minor disturbances to the natural vegetative cover of riparian areas (such as docks, boathouses, and pathways) may be allowed within the riparian and wetland area, provided no more than 25 per cent of the length of a lot's shoreline is affected. 4.41 Protection of Important Areas No development shall occur 200 feet 60 meters upslope from the normal high water mark of a water body or waterway identified in the RPGA Planning District Development Plan as being socially, historically or culturally important, being designated under an enactment, or containing unique aquatic assemblages and species. The natural vegetative cover must be retained or rehabilitated within these areas. 4.42 No Alteration of Wetlands Development shall not result in alteration to permanent, semi-permanent or coastal wetlands by the consolidation of wetlands or by ditching, filling, pumping, subsurface drainage or other works or means, unless it is for the purpose of flood mitigation. Flood mitigation must maintain the natural boundaries of permanent, semi-permanent or coastal wetlands. 4.43 Development Setbacks from Railways No development of a residential dwelling unit shall be permitted within 1000 feeet (300 meters) of a freight rail yard, within 100 feet (30 meters) of a railway main line, or within 25 feet (7.5 metres) of a branch line or spur line, measured from the property line of the railway to the face of the residential building. 29 4.44 Established Street Standards for Front Yards Where a new dwelling or principal building or an addition to a dwelling or principal building is proposed within a street block or a portion of a street block within the RLD, RMD, and CN zones and where at least 80 per cent of the lots have been developed with principal structures, and the minimum front yard required is inconsistent with the majority of existing front yards for developed sites on the street block, the new structure must be developed with a front yard consistent with the minimum of the existing front yards within that block or portion of the block. In the case of a corner site, either the minimum of the yard for the two nearest properties on the same block or for all the properties facing the same street on the same block may be used for calculating the required yard. 4.45 Development Setbacks from Highway Intersections All development within the Controlled Area of a provincial road or provincial trunk highway shall require a permit from the applicable provincial authority. 4.46 Rooftop Gardens and Green Roofs The area of a building covered by rooftop gardens and other "green roof" material shall not be counted towards the parcel's total site coverage. 4.47 Carpooling and Green Vehicles For every 20 standard required parking spaces, every site in the CN, CC, IG, and EI zones must provide one preferential parking space for use only by any of the following types of vehicle: a) car pool vehicles b) electric vehicles or hydrogen-fuelled vehicles c) gas / electric hybrid vehicles or Smart Cars Preferential parking spaces shall count towards the site's total required parking spaces. 4.48 District Energy System As part of a development agreement, Council may require landowners to connect buildings to a District Energy System or to make provision for future connection to this system. 4.49 Outdoor Solid Fuel Heating System Buildings or Structures Outdoor solid fuel heating system buildings or structures are not permitted. 4.50 Signage Regulations The following provisions shall apply to all signs erected or maintained within the Municipality, except wherein otherwise stated: a) signs and sign structures may be allowed as accessory uses in accordance with the Sign Requirements Table [Table 5], subject to the issuance of a development permit, except as provided in Section 4.52 of this zoning bylaw b) all signs shall comply with the minimum yard requirements for accessory structures in the zone in which they are to be located or erected c) billboards and other signs directing attention to a business, commodity or message offered elsewhere than upon the same zoning lot on which that sign is located may only be allowed in zones where Advertising Sign is a Permitted or Conditional Use. Such signs must also be constructed in accordance with the Sign Requirements Table [Table 5], and subject to the issuance of a development permit d) no sign or sign structure shall be erected at any location where it may interfere with or obstruct the view of any street, intersection or railroad grade crossing, or be confused with any authorized traffic 30 sign, signal or device. No rotating beam, beacon or flashing illumination resembling an emergency light shall be used in connection with any sign display e) no sign may contain flashing lights or digital images unless specifically allowed in the Sign Requirements Table [Table 5]. All signs with flashing lights or digital images are prohibited within 100 feet (30 metres) of RR, RMH, RLD, and RMD zones f) no sign or sign structure shall be erected or maintained on, over or above any land or right-of-way belonging to the Municipality without a development permit except for those provided for in 4.52 d) g) the placing of signs within the controlled area of a Provincial Road or Provincial Trunk Highway shall require a permit from the applicable provincial authority h) all signs and sign structures shall be kept in good repair and in a proper state of preservation. Signs which have become obsolete because of discontinuance of the operation or activity or are not maintained in good condition or repair shall be repaired, removed or relocated within 30 days following notice by the designated officer. 4.51 Signs Not Requiring a Development Permit The following signs shall not require a development permit. However, they must still comply with any applicable standards in this bylaw: a) signs posted by duly constituted public authorities in the performance of their public duties b) flags or emblems of a political, civic, educational or religious organization c) temporary signs including real estate signs, construction signs, election signs, and similar d) temporary event signs including garage sales, estate sale, sporting events, open houses and similar providing that: i) the sign indicates the date of the event; ii) the sign is not placed within 50 feet of an intersection; iii) the sign is not placed on public property more than two days in advance of the event; iv) the sign is removed within 24 hours of the event. e) mobile signs (small) not exceeding 5 ft2 (0.5 m2) in surface area (for a single sign face) f) awning signs with signage originally incorporated in the design or awning material g) residential on-site identification signs or warning signs (such as "Private Property" signs and similar) not exceeding three square feet each in surface area h) signs required for direction and convenience of the public, including signs identifying restrooms or parking entrances, not exceeding 5 ft2 (0.5 m2) in sign surface area 4.52 Digital Signs Signs which incorporate digital technology must adhere to the following standards: a) If a component fails or malfunction in any way or fails to operate as indicated on the approved permit, the sign owner shall ensure that the sign is turned off until all components are operating as required. b) No Mobile Sign shall have any digital component. c) Brightness levels shall not exceed 7,500 Nits when measured from the sign face at its maximum brightness, between sunrise to sunset, at those times determined by the sunrise/sunset calculator from the National Research Council of Canada. d) Brightness levels shall not exceed 500 Nits when measured from the sign face at its maximum brightness, between sunset to sunrise, at those times determined by the sunrise/sunset calculator from the National Research Council of Canada. 31 e) Must not increase the light levels around the digital sign by more than 3.0 Lux above the ambient light level. f) Digital signs within 150 metres, and in direct line of sight of a residential dwelling unit, must be turned off from 11:00 p.m. to 6:00 a.m. every day. g) Transitions from one copy to another must remain at a consistent brightness level. h) Copy shall remain on the sign face area for no less than six seconds before changing to the next copy. i) Sound, live video feed and the broadcasting of television programs or movies is not permitted. j) Copy must not be shown in a manner that requires the message to be viewed or read over a series of sequential messages on a single digital sign, or sequenced on multiple digital signs. k) Copy must not involve any visible effects, including but not limited to blinking, intermittent, or flashing light or the illusion of such effects. l) Transitions must not involve any visible effects, including but not limited to blinking, intermittent, or flashing light or the illusion of such effects. m) No digital sign shall be erected, operated, used or maintained that: i) due to its position, shape, colour, format or illumination obstructs the view of, or shall be confused with, a traffic sign, signal or device; ii) display lights resembling lights associated with danger or those used by emergency vehicles; iii) uses spot or reflector lights directed at on-coming traffic that creates a hazard to traffic on public roadways from which the digital sign is visible; and/or iv) due to its illumination, competes with or dulls the contrast of the traffic control sign, signal or device for on-coming traffic. n) The appropriate Transportation Authority shall be satisfied that each digital sign: i) does not physically obstruct the sight lines or views of a traffic control sign, signal or device for on-coming traffic; ii) is not located in the field of view near or past the traffic control sign, signal or device for on- coming traffic; iii) is not located in the field of view near or past other traffic conflict points such as intersections, merge points, exit ramps, or curved roadways. 32 Table 5: Sign Requirements Type of Sign Permitted in Zones Maximum Area Additional Conditions Illustration Fascia (small) PR AR RLD RMD RR CN 5 square feet (0.5 square metres) maximum area for a single face A sign in the RR, RLD, or RMD zones may only be illuminated during business hours. Fascia (large) or Marquee PR CC CN IG EI 10 per cent of the area of the wall to which sign is affixed Illumination and flashing lights are permitted, following the standards for signs. Projecting (small) PR CN RMD 5 square feet (0.5 square metres) maximum area for a single face Must not project more than 5 feet (1.5 m) from the wall to which the sign is affixed. 33 Type of Sign Permitted in Zones Maximum Area Additional Conditions Illustration Projecting (large) CC CN IG EI 21.5 square feet (2 square meters) maximum area for a single face Must not project more than 6 feet (2 m) from the wall to which the sign is affixed. Illumination and flashing lights are permitted, following the standards for signs. Free- Standing (small) AR CC CN IG PR Maximum Area 32 ft. (3 square metres) Maximum Height (from grade): 2 m (6 ft). Not permitted for home- based businesses. Free- Standing (large) AR IG CC 120 square feet (11 square meters) maximum area for a single face. Maximum Height (from grade): 35 feet (11 m). Illumination and flashing lights are permitted, following standards. Not permitted in a required yard abutting an RR, RLD, RMD, or RMH zone. Minimum setback from a property line must be 33 per cent the height of the sign. 34 Type of Sign Permitted in Zones Maximum Area Additional Conditions Illustration Awning PR CC CN IG EI 10 per cent of the area of the wall to which awning is affixed Mobile (small) PR RR RMD CN CC EI Maximum Height: 4.5 ft (1.4m). One sign may be placed within public right-of-way immediately adjacent to a commercial use during regular hours of operation. Mobile (large) AR PR EI CC IG 48 square feet (4.5 square meters) maximum area for a single face Maximum height (from grade): 10 feet (3 metres) Must not include any flashing lights. Maximum of one sign per property. Only allowed to occupy one parking space where there is no practical alternative. Development Permit required. Only allowed as a temporary sign that may be displayed for no more than 180 days within a 12 month period. 35 Type of Sign Permitted in Zones Maximum Area Additional Conditions Illustration Digital CC CN PR EI IG 75 square feet (7 square meters) maximum area for a single face Not permitted in a required yard abutting an RR, RMH, RLD, or RMD zone. Refer to 4.51 for additional requirements. Inflatable PR CC EI IG 16.5 feet (5 meters) feet) maximum height from grade Only 1 inflatable sign shall be permitted per site. Only allowed as a temporary sign that may be displayed for no more than 15 days within a 6 month period. 36 PART 5: ZONES 5.1 Establishing Zones Uses of land in the municipality are regulated in accordance with the following zones: ZONES Parks, Recreation, and Open Space PR Agriculture Reserve AR Rural Residential RR Residential Mobile Home RMH Residential Low Density RLD Residential Medium Density RMD Commercial Neighbourhood CN Commercial Corridor CC Industrial General IG Education and Institutional EI 5.2 Zoning Boundaries The zones established above in Section 5.1 shall apply within the boundaries of the zones shown on the maps in Schedule A following these rules of interpretation: a) boundaries indicated as approximately following the centre-lines of streets, lanes, highways, rivers, or railway or Utility Service lines or rights-of-way shall follow such lines b) boundaries indicated as approximately following parcel limits as shown on a registered plan or by reference to the Dominion Government Survey shall follow such limits 5.3 Permitted and Conditional Uses The permitted and conditional uses prescribed for parcels within each zone are those set out in the Bulk and Use Tables. Permitted uses are indicated on this table with the letter P. Conditional uses are indicated on this table with the letter C. Where a use is not listed and is not similar to, or accessory to, a permitted or conditional principal use, or a permitted or conditional secondary use, the use is not allowed in the zone. 5.4 Bulk Regulations No land, building, or structure shall be used or occupied, and no building or structure shall be constructed, erected, altered, enlarged, or placed, except in accordance with the bulk requirements described in the Bulk and Use Tables or elsewhere in this bylaw. 37 PR - Parks, Recreation, and Open Space Intent: This zone is intended for land that is used as public parks, recreation areas, and undeveloped natural areas. This zone can be used to provide access to nature and play spaces in urban areas or provide a buffer between potentially incompatible land uses. Bulk and Use Table 5-1 Parks, Recreation, and Open Space Zone Use Class P=Permitted C=Conditional *=Use-Specific Standard Applies Underline = Only as a Secondary Use Minimum Requirements Maximum Requirements Use- Specific Standard Site Area (sq.ft.) Site Width (ft) Front Yard (ft) Side Yard (ft) Rear Yard (ft) Height (ft) Site Coverage (%) Campground or RV Park C 40,000 200 40 25 25 35 n/a Cemetery C 40,000 200 40 25 25 35 n/a Child Care Services C 40,000 200 40 25 25 35 40 Community Garden P* n/a n/a n/a n/a n/a n/a n/a 6.7 Emergency Services P 40,000 200 40 25 25 35 40 Funeral Service / Crematorium C 40,000 200 40 25 25 35 40 Library or Cultural Facility P 40,000 200 40 25 25 35 40 Park P 40,000 200 40 25 25 35 n/a Recreation Centre or Facility P 40,000 200 40 25 25 35 40 Restaurant C 40,000 200 40 25 25 35 40 Solar Collector (Commercial) C* n/a n/a n/a n/a n/a n/a n/a 6.10 Solar Collector (On-Site Use P* n/a n/a n/a n/a n/a n/a n/a 6.10 Utility and Public Works C 40,000 200 40 25 25 35 n/a Wind Energy Generating System Tower (Commercial ) C* 40,000 200 40 25 25 35 40 6.8 Accessory/Secondary Buildings & Structures P n/a n/a 40 10 10 20 n/a 38 AR - Agriculture Reserve Intent: This zone is intended to reserve lands for future residential, recreational, institutional, commercial and industrial development. Use Class P=Permitted C=Conditional *=Use-Specific Standard Applies Underline = Only as a Secondary Use Minimum Requirements Max. Requirements Use- Specific Standard Site Area (acres) Site Width (ft) Front Yard (ft) Side Yard (ft) Rear Yard (ft) Height (ft) Site Coverage (%) Agricultural Implement Sales and Service C 20 200 100 25 25 30 40 Bed & Breakfast P* n/a n/a n/a n/a n/a n/a n/a 6.1 Campground or RV Park C 20 200 100 25 25 30 n/a Cannabis Cultivation C 20 200 100 25 25 30 40 Community Garden P* n/a n/a n/a n/a n/a n/a n/a 6.7 Dangerous Goods or Agrichemical Storage Facility C* 20 200 100 25 25 30 40 6.16 Dwelling, Single-Unit P n/a n/a n/a n/a n/a n/a n/a Emergency Services P 20 200 100 25 25 30 40 General Agriculture P 20 200 100 25 25 30 40 Greenhouse / Garden Centre / Nursery C 20 200 100 25 25 30 40 Home-Based Business P* n/a n/a n/a n/a n/a n/a n/a 6.4 Home Industry C* n/a n/a n/a n/a n/a n/a n/a 6.5 Limited Contractor Service C n/a n/a n/a n/a n/a n/a n/a Public Utilities P n/a n/a 30 5 25 n/a n/a Recreation Centre or Facility C 20 200 100 25 25 30 n/a Secondary Suite P* n/a n/a n/a n/a n/a n/a n/a 6.15 Solar Collector (Commercial) C* n/a n/a n/a n/a n/a n/a n/a 6.10 Solar Collector (On-Site Use) P* n/a n/a n/a n/a n/a n/a n/a 6.10 Specialized Agriculture P 20 200 100 25 25 30 40 Utility and Public Works C .5 50 10 10 10 35 n/a Bulk and Use Table 5-2 AR Agriculture Reserve Zone 39 Wind Energy Generating System Tower (Commercial) C* n/a n/a n/a n/a n/a n/a n/a 6.8 Accessory/Secondary Buildings & Structures P n/a n/a 100 50 50 20 n/a 40 RR - Rural Residential Intent: This zone is intended to provide for permanent, single unit dwellings in a rural setting, without the provision of urban services. Bulk/Use Table 5-3 Rural Residential Zone Use Class P=Permitted C=Conditional *=Use-Specific Standard Applies Underline = Only as a Secondary Use Minimum Requirements Maximum Requirements Use Specific Standard Site Area (acres) Site Width (ft) Front Yard (ft) Side Yard (ft) Rear Yard (ft) Height (ft) Site Coverage (%) Bed & Breakfast P* n/a n/a n/a n/a n/a n/a n/a 6.1 Child Care Services C n/a n/a n/a n/a n/a n/a n/a Community Garden P* 2 200 25 5 25 35 10 6.7 Dwelling, Single Unit P 2 200 25 5 25 35 10 Emergency Services P 2 200 25 5 25 35 10 Home-Based Business P* 2 200 25 5 25 35 10 6.4 Home Industry C* n/a n/a n/a n/a n/a n/a n/a 6.5 Kennel C n/a n/a n/a n/a n/a n/a n/a Park P 2 n/a n/a n/a n/a n/a n/a Recreational Centre or Facility C 2 200 25 5 25 35 10 Secondary Suite P* n/a n/a n/a n/a n/a n/a n/a 6.15 Solar Collector (Commercial) C* n/a n/a n/a n/a n/a n/a n/a 6.10 Solar Collector (On-Site Use) P* n/a n/a n/a n/a n/a n/a n/a 6.10 Utility and Public Works C .5 50 10 5 10 35 n/a Accessory/Secondary Buildings & Structures P n/a n/a 40 5 10 16 n/a 41 RLD - Residential Low Density Intent: This zone is intended for mostly single-unit and two-unit residential dwellings, as well as other complementary secondary uses, within settlement areas. This zone provides for a variety of housing types and affordability levels to accommodate a range of income levels, the ability to age in place and diverse market demands [Reg 2.1.2, 2.1.3, 2.2.1]. Bulk/Use Table 5-4 Residential Low Density Zone Use Class P=Permitted C=Conditional *=Use-Specific Standard Applies Underline = Only as a Secondary Use Minimum Requirements Maximum Requirements Use Specific Standard Site Area (sq.ft.) Site Width (ft) Front Yard (ft) Side Yard (ft) Corner Side Yard (ft) Rear Yard (ft) Height (ft) Site Coverage (%) Bed & Breakfast C* n/a n/a n/a n/a n/a n/a n/a n/a 6.1 Boarding House C 4,000 40 25 5 7 25 30 50 Child Care Services C n/a n/a n/a n/a n/a n/a n/a n/a Community Garden P* 7,500 75 25 10 12 25 35 50 6.7 Dwelling, Multi-Unit C* 7,500 75 25 10 12 25 35 50 6.3 Dwelling, Single-Unit P 4,000 40 25 5 7 25 30 50 Dwelling, Two-Unit P* 6,000 60 25 5 7 25 30 50 6.2 Emergency Services P 7,500 75 25 10 12 25 35 50 Funeral Service / Crematorium C 7,500 75 25 10 12 25 35 50 Group Home C 4,000 40 25 5 7 25 30 50 Home-Based Business P* n/a n/a n/a n/a n/a n/a n/a n/a 6.4 Library or Cultural Exhibit C 7,500 75 25 10 12 25 35 50 Park P 7,500 n/a n/a n/a n/a n/a n/a n/a Place of Worship C 7,500 75 25 10 12 25 35 50 Planned Unit Development C* n/a n/a n/a n/a n/a n/a n/a n/a 6.14 Recreational Centre or Facility C 7,500 75 25 10 12 25 35 50 School, Elementary or Middle C 7,500 75 25 10 12 25 35 50 Secondary Suite P* n/a n/a n/a n/a n/a n/a n/a n/a 6.15 Solar Collector (On-Site Use) P* n/a n/a n/a n/a n/a n/a n/a n/a 6.10 42 Utility and Public Works C 7,500 75 25 10 12 25 35 50 Accessory/Secondary Buildings & Structures P n/a n/a NP 3 10 3 16 n/a 43 RMD - Residential Medium Density Intent: This zone is intended for a more populated, mostly residential area. It is intended to accommodate multiple unit dwellings of up to 3 storeys, as well as single unit, two unit, and mixed-use dwellings. The zone covers the range of uses, required yards, and building heights found in the area's mature neighbourhoods that are adjacent to commercial streets and downtown areas [Reg 2.1.4, 2.2.3]. Use Class P=Permitted C=Conditional *=Use-Specific Standard Applies Underline = Only as a Secondary Use Minimum Requirements Max. Requirements Use Specific Standard Site Area (sq.ft.) Site Width (ft) Front Yard (ft) Side Yard (ft) Corner Side Yard (ft) Rear Yard (ft) Height (ft) Site Coverage (%) Bed & Breakfast C* n/a n/a n/a n/a n/a n/a n/a n/a 6.1 Boarding, Fraternity and Sorority Houses C 4,000 100 25 5 15 25 75 60 Child Care Services C 4,000 100 25 5 15 25 75 60 Community Garden P* 4,000 100 25 5 15 25 75 60 6.7 Dwelling, Multi-Unit P* 10,000 100 25 5 15 25 75 60 6.3 Dwelling, Single-Unit C 4,000 40 25 5 7 25 30 50 Dwelling, Two-Unit C* 6,000 60 25 5 7 25 30 50 6.2 Emergency Services P 10,000 100 25 5 15 25 75 60 Funeral Home C 10,000 100 25 5 15 25 75 60 Group Home C 4,000 100 25 5 15 25 75 60 Home-Based Business C* n/a n/a n/a n/a n/a n/a n/a n/a 6.4 Library or Cultural Service C 10,000 100 25 5 15 25 75 60 Park P 4,000 100 25 5 15 25 75 60 Personal Service Shop C 10,000 100 25 5 15 25 75 60 Place of Worship C 10,000 100 25 5 15 25 75 60 Planned Unit Development C* n/a n/a n/a n/a n/a n/a n/a n/a 6.14 Residential Care Facility P 10,000 100 25 5 15 25 75 60 Restaurant C 4,000 100 25 5 15 25 75 60 Retail, Sales and Service C 4,000 100 25 5 15 25 75 60 School, Elementary or Middle C 10,000 100 25 5 15 25 75 60 Bulk/Use Table 5-5 Residential Medium Density Zone 44 Use Class P=Permitted C=Conditional *=Use-Specific Standard Applies Underline = Only as a Secondary Use Minimum Requirements Max. Requirements Use Specific Standard Site Area (sq.ft.) Site Width (ft) Front Yard (ft) Side Yard (ft) Corner Side Yard (ft) Rear Yard (ft) Height (ft) Site Coverage (%) School, Secondary C 10,000 100 25 5 15 25 75 60 Secondary Suite P* n/a n/a n/a n/a n/a n/a n/a n/a 6.15 Solar Collector (On-Site Use) P* n/a n/a n/a n/a n/a n/a n/a n/a 6.10 Utility and Public Works C 4,000 100 25 5 15 25 75 60 Accessory/Secondary Buildings & Structures P n/a n/a NP 3 10 3 16 n/a n/a 45 RMH - Residential Mobile Home Intent: To provide for the development of mobile home dwellings within a mobile home park or subdivision, as well as compatible uses. Use Class P=Permitted C=Conditional *=Use-Specific Standard Applies Underline = Only as a Secondary Use Minimum Requirements Max. Requirements Use Specific Standard Site Area (sq.ft.) Site Width (ft) Front Yard (ft) Side Yard (ft) Corner Side Yard (ft) Rear Yard (ft) Height (ft) Site Coverage (%) Child Care Services C n/a n/a n/a n/a n/a n/a n/a n/a Community Garden P* 4,000 50 10 5 15 25 25 40 6.7 Dwelling, Single-Unit C 4,000 50 10 5 15 25 25 40 Dwelling, Mobile Home P* 4,000 50 10 5 15 25 15 40 6.11 Emergency Services P 4,000 50 10 5 15 25 15 40 Home-Based Business C* n/a n/a n/a n/a n/a n/a n/a n/a 6.4 Mobile Home Park P* 5 acres 300 ft 25 5 15 25 n/a n/a 6.12 Park P 4,000 50 10 5 15 25 15 40 Recreation Centre or Facility C 10,000 50 10 5 15 25 25 40 Solar Collector (Commercial) C* n/a n/a n/a n/a n/a n/a n/a n/a 6.10 Solar Collector (On-Site Use) P* n/a n/a n/a n/a n/a n/a n/a 6.10 Utility and Public Works P 10,000 50 10 5 15 25 15 40 Accessory/Secondary Buildings & Structures P n/a n/a NP 3 10 3 25 n/a Bulk/Use Table 5-6 Residential Mobile Home Zone 46 CN - Commercial Neighbourhood Intent: This zone is intended for commercial facilities, offices, residential and service uses within the central commercial area of the Town of Altona. The development standards in this zone provide support for buildings that form a continuous street wall around significant multi-modal thoroughfares [Reg 2.2.3]. Use Class P=Permitted C=Conditional *=Use-Specific Standard Applies Underline = Only as a Secondary Use Minimum Requirements Maximum Requirements Use Specific Standard Site Area (sq.ft.) Site Width (ft) Front Yard (ft) Side Yard (ft) Rear Yard (ft) Height (ft) Site Coverage (%) Animal Shelter / Kennel C 5,000 50 0 0 20 45 75 Amusement Establishment C 5,000 50 0 0 20 45 75 Auto / RV / Sales / Service C 5,000 50 0 0 20 45 75 Business Support Services P 5,000 50 0 0 20 45 75 Cannabis, Retail or Production C 5,000 50 0 0 20 45 75 Child Care Services P 5,000 50 0 0 20 45 75 Club, Recreational (Private or Non-Profit) P 5,000 50 0 0 20 45 75 College or Trade School P 5,000 50 0 0 20 45 75 Community Garden P* 5,000 50 0 0 20 45 75 6.7 Custom Manufacturing Establishments C 5,000 50 0 0 20 45 75 Drinking Establishment C 5,000 50 0 0 20 45 75 Drive-Through Facility C 5,000 50 0 0 20 45 75 Dwelling, Multiple-Unit P 5,000 50 0 0 20 45 75 Dwelling, Single-Unit C 5,000 50 25 5 20 45 75 Dwelling, Two-Unit C* 5,000 50 25 5 20 45 75 6.2 Emergency Services P 5,000 50 0 0 20 45 75 Funeral Service / Crematorium P 5,000 50 0 0 20 45 75 Hospital C 5,000 50 0 0 20 45 75 Hotel / Motel P 5,000 50 0 0 20 45 75 Household Repair Service P 5,000 50 0 0 20 45 75 Bulk/Use Table 5-7 Commercial Neighbourhood Zone 47 Use Class P=Permitted C=Conditional *=Use-Specific Standard Applies Underline = Only as a Secondary Use Minimum Requirements Maximum Requirements Use Specific Standard Site Area (sq.ft.) Site Width (ft) Front Yard (ft) Side Yard (ft) Rear Yard (ft) Height (ft) Site Coverage (%) Library / Cultural Facility P 5,000 50 0 0 20 45 75 Microbrewery P 5,000 50 0 0 20 45 75 Liquor Sales P 5,000 50 0 0 20 45 75 Office P 5,000 50 0 0 20 45 75 Outdoor Market (Farmers Market) P 5,000 50 0 0 20 45 75 Outdoor Patio / Eating Area C n/a n/a n/a n/a n/a n/a n/a Park P 5,000 n/a n/a n/a n/a n/a n/a Personal Service Shop P 5,000 50 0 0 20 45 75 Pet Grooming P 5,000 50 0 0 20 45 75 Place of Worship P 5,000 50 0 0 20 45 75 Recreation Centre or Facility C 5,000 50 0 0 20 45 75 Restaurant P 5,000 50 0 0 20 45 75 Retail Sales & Service P 5,000 50 0 0 20 45 75 Solar Collector (Commercial) C* n/a n/a n/a n/a n/a n/a n/a 6.10 Solar Collector (On-Site Use) P* n/a n/a n/a n/a n/a n/a n/a 6.10 Supportive Housing Facility) P 5,000 50 0 0 20 45 75 Theatre P 5,000 50 0 0 20 45 75 Utility and Public Works C 5,000 50 0 0 20 45 75 Veterinary Clinic P 5,000 50 0 0 20 45 75 Accessory/Secondary Buildings & Structures P n/a n/a NP 3 3 16 n/a 48 CC - Commercial Corridor Intent: This zone is intended for commercial and light industrial facilities located outside of a downtown area that are designed to serve the travelling public or a distinct neighbourhood clustered along collector or arterial streets. [Reg 2.2.4] Use Class P=Permitted C=Conditional *=Use-Specific Standard Applies Underline = Only as a Secondary Use Minimum Requirements Max. Requirements Use Specific Standard Site Area (sq.ft.) Site Width (ft) Front Yard (ft) Side Yard1 (ft) Rear Yard (ft) Height (ft) Site Coverage (%) Auctioneering Establishment (not including livestock) C 10,000 100 25 10 25 45 50 Automobile, Recreational Vehicle, Mobile Home, or Agricultural Implement Sales / Rentals / Repairs P 10,000 100 25 10 25 45 50 Automobile Service Station / Gas Bar C 10,000 100 25 10 25 45 50 Business Support Services P 10,000 100 25 10 25 45 50 Cannabis, Retail C 10,000 100 25 10 25 45 50 Child Care Services P 10,000 100 25 10 25 45 50 Commercial School C 10,000 100 25 10 25 45 50 Commercial Truck / Mobile Home Sales and Service C 10,000 100 25 10 25 45 50 Community Garden P* 10,000 100 25 10 25 45 50 6.7 Custom Manufacturing Facilities C 10,000 100 25 10 25 45 50 Dangerous Goods or Agrichemical Storage Facility C* 10,000 100 25 10 25 45 50 6.16 Drive-Through Facility C 10,000 100 25 10 25 45 50 Dwelling, Multiple Family C* 10,000 100 25 10 25 45 50 6.3 Emergency Services P 10,000 100 25 10 25 45 50 Equipment Rentals and Sales P 10,000 100 25 10 25 45 50 Funeral Service / Crematorium P 10,000 100 25 10 25 45 50 General Contractor Service P 10,000 100 25 10 25 45 50 Garden Centres and other seasonal businesses P 10,000 100 25 10 25 45 50 Bulk/Use Table 5-8 Commercial Corridor Zone 49 Use Class P=Permitted C=Conditional *=Use-Specific Standard Applies Underline = Only as a Secondary Use Minimum Requirements Max. Requirements Use Specific Standard Site Area (sq.ft.) Site Width (ft) Front Yard (ft) Side Yard1 (ft) Rear Yard (ft) Height (ft) Site Coverage (%) Greenhouse, Plant and Tree Nursery P 10,000 100 25 10 25 45 50 Hotel / Motel C 10,000 100 25 10 25 45 50 Library or Cultural Facility P 10,000 100 25 10 25 45 50 Liquor Sales P 10,000 100 25 10 25 45 50 Microbrewery P 10,000 100 25 10 25 45 50 Outdoor Amusement Establishment C 10,000 100 25 10 25 45 50 Outdoor Patio P n/a n/a n/a n/a n/a n/a n/a Personal Service Shop P 10,000 100 25 10 25 45 50 Recreation Centre or Facility C 10,000 100 25 10 25 45 50 Restaurant P 10,000 100 25 10 25 45 50 Retail Sales P 10,000 100 25 10 25 45 50 Self- Storage Facility P 10,000 100 25 10 25 45 50 Shopping Centre / Strip Mall P 10,000 100 25 10 25 45 50 Solar Collector (Commercial) P* n/a n/a n/a n/a n/a n/a n/a 6.10 Solar Collector (On-Site Use) P* n/a n/a n/a n/a n/a n/a n/a 6.10 Utility and Public Works C 5,000 100 25 10 25 45 50 Veterinary Clinic P 10,000 100 25 10 25 45 50 Theatre P 10,000 100 25 10 25 45 50 Accessory/Secondary Buildings & Structures P n/a n/a NP 5 5 20 16 50 IG - Industrial General Intent: This zone is intended to accommodate all kinds of industrial uses (with associated shipping traffic) including construction, manufacturing, processing, distribution, transportation, and warehouse uses. This zone includes developments that may pose dangers to health and safety or that may be offensive and disturbing to other properties and is located so that industries can operate or expand safely without negatively affecting other development [Reg 1.1.3]. Use Class P=Permitted C=Conditional *=Use-Specific Standard Applies Underline = Only as a Secondary Use Minimum Requirements Max. Requirements Use Specific Standard Site Area (sq.ft.) Site Width (ft) Front Yard (ft) Side Yard (ft) Corner Side Yard (ft) Rear Yard (ft) Height (ft) Site Coverage (%) Agricultural Processing Facility C 10,000 100 20 10 15 20 45 60 Auctioneering Establishment (not including livestock) C 10,000 100 20 10 15 20 45 60 Auto Body Paint and Repair Service P 10,000 100 20 10 15 20 45 60 Auto Wrecking and Salvage Yard C 10,000 100 20 10 15 20 45 60 Automobile, Recreational Vehicle, Mobile Home, or Agricultural Implement Sales / Rentals / Repairs P 10,000 100 20 10 15 20 45 60 Business Support Service P 10,000 100 20 10 15 20 45 60 Cannabis, Cultivation and Production C 10,000 100 20 10 15 20 45 60 Chemical Processing and Storage C 10,000 100 20 10 15 20 45 60 Commercial School P 10,000 100 20 10 15 20 45 60 Community Garden P* 10,000 100 20 10 15 20 45 60 6.7 Concrete Batch Plant or Asphalt Plant C 10,000 100 20 10 15 20 45 60 Contractor Service P 10,000 100 20 10 15 20 45 60 Dangerous Goods or Agrichemical Storage Facility C* 10,000 100 20 10 15 20 45 60 6.16 Drive-Through Facility C 10,000 100 20 10 15 20 45 60 Emergency Services P 10,000 100 20 10 15 20 45 60 Equipment Rental and Sales P 10,000 100 20 10 15 20 45 60 Bulk/Use Table 5-9 Industrial General Zone 51 Use Class P=Permitted C=Conditional *=Use-Specific Standard Applies Underline = Only as a Secondary Use Minimum Requirements Max. Requirements Use Specific Standard Site Area (sq.ft.) Site Width (ft) Front Yard (ft) Side Yard (ft) Corner Side Yard (ft) Rear Yard (ft) Height (ft) Site Coverage (%) Equipment Repair (Household Repair Service) P 10,000 100 20 10 15 20 45 60 Fleet Service P 10,000 100 20 10 15 20 45 60 Fuel Yard C 10,000 100 20 10 15 20 45 60 Funeral Service / Crematorium P 10,000 100 20 10 15 20 45 60 Kennel or Animal Shelter P 10,000 100 20 10 15 20 45 60 Manufacturing P 10,000 100 20 10 15 20 45 60 Microbrewery P 10,000 100 20 10 15 20 45 60 Planned Unit Development C 5 acres n/a n/a n/a n/a n/a n/a n/a 6.14 Public Works Facility P 10,000 100 20 10 15 20 45 60 Recreation Centre or Facility P 10,000 100 20 10 15 20 45 60 Recycling Facility C 10,000 100 20 10 15 20 45 60 Restaurant C 10,000 100 20 10 15 20 45 60 Retail and Warehouse Sales C 10,000 100 20 10 15 20 45 60 Salvage Operation / Yard C 10,000 100 20 10 15 20 45 60 Self-Service Storage Facility C 10,000 100 20 10 15 20 45 60 Sewage Treatment Site C 10,000 100 20 10 15 20 45 60 Shipping Containers P* n/a n/a NP 10 15 5 20 n/a Solar Collector (Commercial) P* n/a n/a n/a n/a n/a n/a n/a n/a 6.10 Solar Collector (On-Site Use) P* n/a n/a n/a n/a n/a n/a n/a n/a 6.10 Trucking Operation P 10,000 100 20 10 15 20 45 60 Utility and Public Works P 5,000 100 20 10 15 20 45 60 Veterinary Clinic P 10,000 100 20 10 15 20 45 60 Waste Disposal Site C 10,000 100 20 10 15 20 45 60 Accessory/Secondary Buildings & Structures P n/a n/a NP 10 15 5 20 n/a 52 EI - Education and Institution Intent: This zone is intended for facilities, services and resources that are accessible to the public. This includes senior educational facilities, civic buildings, regional health facilities, and other institutional uses that are accessible to the public [Reg 1.4.2]. Use Class P=Permitted C=Conditional *=Use-Specific Standard Applies Underline = Only as a Secondary Use Minimum Requirements Maximum Requirements Use Specific Standard Site Area (sq.ft.) Site Width (ft) Front Yard (ft) Side Yard (ft) Rear Yard (ft) Height (ft) Site Coverage (%) Cemetery C 10,000 200 25 10 20 35 90 Child Care Services P 10,000 100 25 10 20 35 40 Community Garden P* 10,000 100 25 10 20 35 40 6.7 Dwelling, Multi-Unit C* 10,000 100 25 10 20 35 40 6.3 Emergency Services P 10,000 200 25 10 20 35 40 Funeral Service / Crematorium C 10,000 200 25 10 20 35 40 Hospital and Health Service P 10,000 100 25 10 20 35 40 Library / Cultural Facility P 10,000 100 25 10 20 35 40 Park P n/a n/a 25 10 20 n/a n/a Place of Worship P 10,000 200 25 10 20 35 40 Portable or Temporary Classrooms C n/a n/a 25 10 20 15 n/a Recreation Centre or Facility P 10,000 200 25 10 20 35 40 Restaurant P 10,000 100 25 10 20 35 40 Retail Sales and Service P 10,000 100 25 10 20 35 40 School, Elementary or Middle P 10,000 200 25 10 20 35 40 School, Senior P 10,000 200 25 10 20 35 40 Supportive Housing Facility P 10,000 200 25 10 20 35 40 Utility and Public Works P 5,000 200 25 10 20 35 40 Accessory/Secondary Buildings & Structures P n/a n/a NP 3 3 16 Bulk/Use Table 5-11 Education and Institution Zone Town of Altona Zoning By-law Third Reading May 11, 2021 53 PART 6: USE-SPECIFIC STANDARDS Regardless of whether a use is allowed as a permitted or a conditional use, and regardless of the zoning district in which the use is located, the following standards for specific uses must be met, except as otherwise provided in this bylaw or by a conditional use or variance order: Bed and Breakfast Use PR AR RR RMH RLD RMD CN CC IG EI Bed and Breakfast P* P* C* C* P = Permitted | C = Conditional | * = Use-Specific Standard Applies | Underline = Only as Secondary Use 6.1 Bed and Breakfasts A bed and breakfast shall only be allowed on a site in a zone in which it is a permitted or conditional use if it meets all of the following requirements: a) the operator must reside within the principal residence to which the Bed and Breakfast is an accessory use b) no more than eight patrons shall be accommodated within one dwelling c) no more than four bedrooms shall be used for the bed and breakfast operation d) one additional on-site parking spot shall be provided for each bedroom that is used for the bed and breakfast operation e) signs shall follow the regulations for home-based businesses in the zone in which the bed and breakfast is located Dwelling, Two-Unit Use PR AR RR RMH RLD RMD CN CC IG EI Dwelling, Two-Unit P* P* C* P = Permitted | C = Conditional | * = Use-Specific Standard Applies | Underline = Only as Secondary Use 6.2 Two-Unit Dwellings A two-unit dwelling shall: a) have no required side yard (contrary to Bulk/Use Tables) on a side that shares a party wall with a building on an adjacent site a. the minimum lot width is 30 feet and the minimum lot size is 3000 square feet for such a dwelling regardless of the zone b) not have a secondary suite Town of Altona Zoning By-law Third Reading May 11, 2021 54 Dwelling, Multi-Unit Use PR AR RR RMH RLD RMD CN CC IG EI Dwelling, Multi-Unit C* P* C* P = Permitted | C = Conditional | * = Use-Specific Standard Applies | Underline = Only as Secondary Use 6.3 Multi-Unit Dwellings A multi-unit dwelling shall: a) have no required side yard (contrary to Bulk/Use Tables) on a side that shares a party wall with a building on an adjacent site Home-Based Business Use PR AR RR RMH RLD RMD CN CC IG EI Home-Based Business P* P* C* P* C* P = Permitted | C = Conditional | * = Use-Specific Standard Applies | Underline = Only as Secondary Use 6.4 Home-Based Businesses Home-based businesses must: a) be conducted by a person or persons residing in the dwelling b) not have more than two people employed or otherwise engaged in the business who do not reside in the dwelling c) not have processing or outside storage of goods in the RLD and RMD zones d) not have more than 30 per cent of the total floor area of buildings on the site devoted to the business e) have a maximum of one business sign, either freestanding or affixed to the wall of a principal or accessory building, not exceeding: i) 16 square feet in the AR and RR zones ii) 8 square feet in all other zones where home-based businesses are allowed Home Industry Use PR AR RR RMH RLD RMD CN CC IG EI Home Industry C* C* P = Permitted | C = Conditional | * = Use-Specific Standard Applies | Underline = Only as secondary use 6.5 Home Industries A Home Industry may be allowed in zones where it is a Permitted Secondary Use or a Conditional Secondary Use only if the following standards are met: a) in the RR zone, exterior storage of products or materials must be limited to the Rear Yard. The storage shall not project above the height of a fence or screening Town of Altona Zoning By-law Third Reading May 11, 2021 55 b) in the RR zone, the area used to carry out the Home Industry shall not occupy more than 1000 square feet (93 square metres) c) signage for the Home Industry shall be located on the subject property and limited to one non- illuminated (or indirectly illuminated) sign not to exceed: i) 32 square feet (three square meters) in the AR zone; or ii) 16 square feet (1.5 square meters) in the RR zone d) a Home Industry shall be conducted by a resident or residents of the dwelling unit to which the Home Industry is secondary, and may employ a maximum of: i) five non-resident persons in the AR zone; or ii) two non-resident persons in the RR zone e) the proponent of the Home Industry must obtain a development permit before establishing or expanding a Home Industry on a site f) in the case of rental premises, the proponent will be required to obtain the permission of the owner of the premises before a development permit will be issued Community Garden Use PR AR RR RMH RLD RMD CN CC IG EI Community Garden P* P* P* P* P* P* P* P* P* P* P = Permitted | C = Conditional | * = Use-Specific Standard Applies | Underline = Only as Secondary Use 6.6 Community Gardens Community gardens must meet all of the following standards: a) community gardens shall not be larger than 10,760 square feet (1000 square metres), except in a PR, AR, RR or EI zone b) accessory buildings for community gardens must meet the accessory building bulk requirements for the zone in which they are located c) compost must be maintained in a way that limits nuisance odors to adjacent properties. Compost piles or structures must be located a minimum of 12 feet (four meters) away from any site line d) on-site sales are limited to sales of plants or produce generated on site Urban Farm Use PR AR RR RMH RLD RMD CN CC IG EI Urban Farm C* C* C* C* C* C* P = Permitted | C = Conditional | * = Use-Specific Standard Applies | Underline = Only as a Secondary Use 6.7 Urban Farms An urban farm must meet all of the following standards: a) a development permit application for an urban farm that involves any of the following activities must be accompanied with a plan that addresses how the activities will be managed to mitigate impacts on surrounding land uses and natural systems: i) the processing of food produced on site ii) the use of heavy equipment such as tractors Town of Altona Zoning By-law Third Reading May 11, 2021 56 b) greenhouses, compost structures, hoop houses, and similar structures are permitted as accessory structures, provided they conform to the applicable bulk requirements for accessory buildings and structures for the relevant zone c) compost must be maintained in a way that limits nuisance odors to adjacent properties d) on-site sales are limited to sales of plants, produce, or processed food generated on site Wind Energy Generating System Tower (Commercial) Use PR AR RR RMH RLD RMD CN CC IG EI Wind Energy Generating System Tower (Commercial) C* C* P = Permitted | C = Conditional | * = Use-Specific Standard Applies | Underline = Only as Secondary Use 6.8 Wind Energy Generating System Tower (Commercial) A commercial Wind Energy Generating System tower must meet the following standards: a) it is set back no less than 1.5 times the total turbine height from the property line and any public road or railway right of way b) it is set back no less than 100 feet (30 metres) from a water body or waterway c) the minimum separation distance between a commercial wind energy generating system tower and the nearest habitable building shall be 1640 feet (500 metres) d) it contains no commercial advertising other than the manufacturer's or owner's name or logo e) it contains no artificial lighting other than the lighting that is required by federal and provincial regulation f) as part of their development permit application, proponents for Wind Generation System must submit a detailed site plan showing the location of all wind generating devices, associated accessory buildings or structures, electrical lines (above or below ground) on-site roads and driveways providing access to the public road system Solar Collector Uses PR AR RR RMH RLD RMD CN CC IG EI Solar Collector (Commercial) C* C* C* C* C* P* P* P* Solar Collector (On-Site Use) P* P* P* C* P* P* P* P* P* P* P = Permitted | C = Conditional | * = Use-Specific Standard Applies | Underline = Only as a Secondary Use 6.9 Solar Collectors A commercial Solar Collector must meet the following standards: a) any solar collector not connected to a building shall adhere to the same setbacks and height restrictions for secondary/accessory buildings in the zone in which the installation is situated b) a roof or wall-mounted solar collector shall not exceed, in size, the total square footage of the principal structure c) a solar collector that is mounted on a roof may project a maximum of 6.5 feet (1.5 metres) from the surface of the roof and must not extend beyond the outermost edge of the roof Town of Altona Zoning By-law Third Reading May 11, 2021 57 d) a solar collector that is mounted on a wall may project a maximum of two feet (0.6 metres) from the surface of that wall and must be located a minimum of 8 feet (2.4 metres) above grade Sewage Treatment Sites (Lagoon) 6.10 Sewage Treatment Sites (Lagoon) A mutual separation distance of 1,000 feet (300 metres) shall be maintained between a dwelling and a sewage treatment site or lagoon. Mobile Homes 6.11 Mobile Homes Mobile homes require a development permit. No mobile home located in Town of Altona shall receive a development permit unless it complies with the following regulations: a) all mobile homes, even those constructed outside the municipality, must meet the structural standards in The Buildings and Mobile Homes Act and any local Building or Mobile Home Bylaw (if applicable) b) a mobile home, when located permanently on a site, shall: i) be connected to municipal sewer and water services when such services are available on the site ii) be placed and anchored on a permanent foundation iii) have skirting that screens the view of the foundation supports or wheels Mobile Home Park 6.12 Mobile Home Parks A mobile home park must meet the following standards: a) more than one mobile home may be permitted on an approved mobile home park site b) a mobile home park must provide a roadway with a driving surface a minimum of 24 feet wide (7.3 metres) wide with an all-weather surface that serves all dwellings c) a mobile home park must provide clear identification of each dwelling space and its boundaries d) a mobile home park must provide a centrally located common park space or recreation area equivalent to a minimum area of 430 square feet (40 square metres) per dwelling space e) an application for a mobile home park must be accompanied with a detailed site plan, including: i) location of the site boundaries ii) foundations, pads, or mobile home sites iii) accessory buildings iv) internal roads v) sidewalks and active transportation paths vi) vehicle parking vii) systems supplying electrical power, water and sewage disposal Town of Altona Zoning By-law Third Reading May 11, 2021 58 Planned Unit Development Use PR AR RR RMH RLD RMD CN CC IG EI Planned Use Development C* C* C* 6.13 Planned Unit Developments A planned unit development: a) may only be established on a zoning site or proposed development larger than 5 acres (2 hectares) in size b) the uses and standards of a Planned Unit Development must be generally consistent with the desired character for the area as set out in the RPGA Planning District Development Plan, any applicable Secondary Plans, and the uses and standards in the zones adjacent to the site c) an application for a Planned Unit Development shall be considered as a conditional use application, subject to the conditional use provisions of this bylaw and The Planning Act d) an application for a Planned Unit Development must be accompanied with a detailed site plan, including: i) location of the site boundaries ii) planned location, height, and types of use of buildings and structures iii) planned location of internal roads and entrances to site iv) planned location of sidewalks and active transportation paths v) planned locations of communal and public facilities and spaces vi) planned locations of fencing, lighting, trees, shrubs, groundcover and plantings vii) planned location of vehicle parking viii) planned location of systems supplying electrical power, water, and collection of sewage and waste ix) lot grading x) a list of all instances on the site where the bulk standards of the proposed buildings and structures do not comply with the requirements of this zoning bylaw xi) other information as required by the Council Secondary Suites Uses PR AR RR RMH RLD RMD CN CC IG EI Secondary Suite P* P* P* P* 6.14 Secondary Suites Secondary suites are only permitted if they comply with the following regulations: a) Not more than one secondary suite shall be permitted on a single zoning site. b) A minimum of one off-street parking space must be provided for each secondary suite, in addition to the parking required for the principal building. c) The maximum floor area of the secondary suite shall not exceed 860 square feet (80 square metres) or 40 per cent of the total habitable floor space of the principal building (whichever is the lesser). d) Detached secondary suites must follow the setback standards for accessory buildings and structures in the Siting Table. e) A secondary suite cannot be constructed on the same site as a multi-unit dwelling. Town of Altona Zoning By-law Third Reading May 11, 2021 59 Dangerous Goods or Agrichemical Storage Facility Use PR AR RR RMH RLD RMD CN CC IG EI Dangerous Goods or Agrichemical Storage Facility C* C* C* P = Permitted | C = Conditional | * = Use-Specific Standard Applies | Underline = Only as a Secondary Use 6.15 Separation Distances for Dangerous Goods or Agrichemical Storage Facilities Dangerous Goods or Agrichemical Storage Facilities shall be located at a minimum distance of 165 feet (50 meters) from the sites lines in the AR, CC, IG, RLD and RMD zones. Town of Altona Zoning By-law Third Reading May 11, 2021 60 SCHEDULE A: ZONING MAP Town of Altona Zoning Map 1 736 M PLAN COVE CREEKBEND PLACE BLUESTEM LANE TALLGRASS Millennium DRIVE ROAD PUBLIC LYNNWOOD BAY CREEKSIDE WAY C.P.R. CRESCENT SPRUCE FOURTH AVE. N.E. SECOND AVE. N.E. THIRD AVE. N.E. SOUTH PARK DRIVE CENTRE AVE. E. SIXTH AVE. N.E. SEVENTH AVE. N.E. TWELTH AVE. N.E. TENTH AVE. N.E. ELEVENTH AVE. N.E. FOURTH AVE. S.E. THIRD AVE. S.E. FIRST ST. N.W. SECOND ST. N.E. FIFTH MAIN ST. SECOND ST. N.E. THIRD ST. N.E. MAIN ST. SECOND ST. N.E. FIFTH ST. N.W. SECOND ST. N.W. SECOND AVE. N.W. THIRD AVE. N.W. FOURTH AVE. N.W. (Street)Pt. 2 SECOND ST. N.W. FIFTH AVE. N.W. FOURTH ST. N.W. SIXTH AVE. N.W. SIXTH AVE. N.W. TENTH AVE. N.W. PUBLIC ROAD WILLOW BAY WILLOW BAY RAILWAY ST. S. C.P.R. SOUTH PARK PL. ELMCREST POPLAR DR. BAY SPRUCE ASH ST. SECOND ST. S.E. FIRST ST. S.E. WESTWOOD CRESCENT FIRST ST S.W. SOUTH PL. McKINLEY COVE FIFTH AVE. BOARDWALK MANDY COVE PARK PL. BAY REDWOOD AVE. N.E. SECOND ST. N.E. ASH ST. WILLOW BAY WILLOW BAY THIRD ST. N.W. FIRST ST. S.E. SECOND ST. S.W. FOURTH AVE. S.W. FOURTH ST. S.W. FIFTH AVE. MARTIN CRESCENT MARTIN CRESCENT CONNOR PL. THIRD AVE. N.E. Lane WESTWOOD CRESCENT WESTWOOD DR. CRESCENT SUNFLOWER P.T.H. 30 PIONEER DRIVE EVERGREEN PL. DRIVE POPLAR DRIVE FOURTH ST.S.E. SECOND AVE. S.E. FOURTH ST. N.E. SIXTH AVE. N.E. FIFTH ST. N.E. EIGHTH AVE. N.E. NINTH AVE. N.E. INDUSTRIAL DRIVE FOURTH ST. N.E. BIRCH ST. ELM ST. MAPLE ST. P.T.H. 30 BUFFALO BAY BUFFALO TRAIL SOTHRIDGE STREET DRAY PL. SECOND ST. N.W. ARROWHEAD LANE PRAIRIEVIEW ROAD WALK PUBLIC P.R. 201 PLAN PLAN PLAN 1637 M 2263 PLAN PLAN 39620 25896 35596 PLAN 36446 PLAN 21650 S.S. PLAN 401 M PLAN 25989 406 M PLAN STATION GROUNDS PLAN 406 M 27870 PL. PLAN 27870 27871 PLAN PLAN PLAN 406 M PLAN 30646 PLAN 31585 PLAN PLAN 36343 PLAN 406 M PLAN 2247 M PLAN 59 MN PLAN PLAN 34929 PLAN 769 M PLAN 1179 M PLAN PLAN 243 M 243 M PLAN 30043 PLAN 871 M PLAN 1019 M PLAN 29429 PLAN 60 MAN. 60 MAN. PLAN 31784 PLAN PLAN PLAN 2250 M 25593 1184 M PLAN PLAN 406 M PLAN 507 M PLAN 2250 M PLAN 2288 M PLAN 406 M PL. 31769 PLAN PLAN 2250 M PLAN 26935 1308 M PLAN PLAN 26210 Pt. PLAN 375 W 2343 M PLAN 34202 PLAN PLAN PLAN 413 M 413 M PLAN 413 M 2250 M PLAN PLAN 1183 M 2245 M S.P. PLAN 22893 PLAN 2250 M PLAN PLAN 2144 M PLAN 2152 M PLAN 36009 M PLAN 1805 M PLAN 1285 M PLAN 736 M PLAN SP PLAN 2152 M PLAN 1789 M 619 M PLAN PLAN 34645 PLAN Plan 1595 2245 M S.P. PLAN 2245 M S.P. PLAN 1389 M PLAN 1367 M 509 W PLAN PLAN 1303 M PLAN 1383 M PLAN PLAN 1115 M PLAN PLAN 1383 M 1115 M 20665 PLAN PLAN PL. 1213 M 1213 M PLAN 48228 PLAN PLAN 1303 M PLAN 31587 PLAN 1605 M PLAN 1303 M PLAN S.S. PLAN 1944 M PLAN 1411 M S.S. PLAN 1448 M 1448 M PLAN 2423 M PLAN 401 M PLAN 2206 M PLAN 1481 M PLAN S.S. PLAN 401 M 2398 M PLAN 23404 PLAN S.S. PLAN 2375 M PLAN PLAN 1448 M 2422 M PLAN 1970 M PLAN PLAN 1317 M PLAN Plan 375 W 2059 M PLAN 1317 M PLAN 32368 PLAN 2167 M S.P. PLAN PLAN 28960 PLAN 401 M PLAN 1419 M PLAN PLAN 37967 PLAN 38854 PLAN 31020 M PLAN 26409 M PLAN PLAN PLAN 2182 M PLAN PLAN PLAN C.P.R. PLAN PLAN 2182 M 52407 PLAN 51293 PLAN 34952 PLAN PLAN 1352 M PLAN S.S. PLAN 1411 M PLAN 1687 M PLAN PLAN PLAN 22064 PLAN 32292 PLAN 406 M PLAN 608 M PLAN PLAN 2248 M 21239 PLAN 59 MN PLAN 34559 M PLAN 1562 M 605 M PLAN PLAN 31585 PLAN 28931 M PLAN 36122 1834 M PLAN 1303 M PLAN PLAN 2272 M 1397 M PLAN 752 W PLAN 752 W PLAN 2272 M PLAN 623 M PLAN 406 M PLAN 2272 M PLAN PLAN 34867 2272 M PLAN 30735 PLAN 752 W 752 W 752 W 36978 M 752 M PLAN 2431 M 1303 M 1115 M 2349 M PLAN 829 M 31063 PLAN 27168 PLAN 36693 1411 M 1411 M S.S. PLAN PLANS 545, 829, 1100, 1185, 1424 M 2149 M S.P. PLAN 752 M PLAN 719 M 243 M PLAN 2272 M PLAN 652 M PLAN 27717 PLAN 652 M PLAN 2272 M PLAN PLAN 39012 717 M PLAN 602 M PLAN 24745 M PLAN 1491 M 1491 M 1424 M PLAN 584 M PLAN 584 M PLAN 437 M PLAN 1921 M PLAN 26572 M 2426 M PLAN PLAN 2182 M 31928 M Pl. 710 M 825 M PLAN 825 M 589 M PLAN 41261 PLAN 41266 PLAN 42062 PLAN 42263 M 1491 M PLAN 42445 PLAN PLAN 42824 M 43029 PLAN PLANS 545, 1424 M 42201 M PLAN 54159 PLAN 44193 PLAN 46311 PLAN 44260 PLAN 44930 44722 PLAN 44722 PLAN 34772 44722 PLAN PLAN 44722 PLAN 44722 M PLAN 45176 PLAN 45491 46712 PLAN PLAN 2152 M PLAN 47238 M 58937 PLAN PLAN 47797 PLAN 47967 (public works) S.P. PLAN 2149 M 44260 PLAN 48688 PLAN PLAN 49109 PLAN 49171 48688 PLAN PLAN 49237 PLAN 53289 PLAN 58761 PLAN 53289 PLAN 57108 PLAN 53289 PLAN 54159 public reserve public reserve A 43586 42201 M public reserve B LANE TALLGRASS common element common element common element LYNNWOOD BAY PLAN 56920 PLAN 55910 PLAN 53808 PLAN 44294 (condominium) (condominium) 28855 53955 PLAN 59117 PLAN 56928 PLAN 56920 PLAN 56920 PLAN 55680 PUBLIC LANE PLAN 50690 PLAN NO. 44260 PLAN 1419 PLAN 37306 (condominium) ACCESS ROAD 680 RR IG RLD RMD PR IG RR EI RLD RMH AR RLD PR EI RLD RLD RMD RMH RMD PR RLD EI EI RLD RLD RMD PR RMD RLD IG RMD RMD RMD CN CC RMD RMD R M D RMD RMD RLD CC EI RMD RMD RLD RMD RLD RLD AR IG RMD PR RLD PR RMD EI EI EI EI RMD CN CN CN CC RMD PR EI PR EI EI RMD RMD PR PR RLD RMD AR PR 201 30 30 Agriculture Restricted Zone Commercial Corridor Zone Commercial Neighbourhood Zone Education and Institution Zone Industrial General Zone Parks and Recreation Zone Residential Low Density Zone Residential Medium Density Zone Residential Mobile Home Zone Rural Residential Zone O 0 390 780 1,170 195 Feet 0 130 260 390 65 Meters AR CC CN EI IG PR RLD RMD RMH RR Railway Altona Boundary Manitoba Highway Survey Lines Town of Altona Zoning By-Law # 1792/2021