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unofficial consolidation, the official version is held by the municipal clerk.
Notice: All persons making use of this Consolidation are reminded that it has
no legislative sanction; that the Amendments have been embodied only for
the convenience of reference; and that the original By-law and Amendments
should be consulted for all purposes of interpreting and applying the law.
An Office Consolidation of
The Town of Arborg
Zoning By-law
By-law No. 6-2011
NOTE:
[
] AMENDED TEXT WITHIN PARENTHESIS HAS BEEN ADDED FOR
CONVENIENCE AND MAY INCLUDE SOME INTERPRETATION.
TOWN OF ARBORG
ZONING BY-LAW
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page i
TOWN OF ARBORG
ZONING BY-LAW NO. 6-2011
BEING A BY-LAW to regulate the use and development of all land within the Town of Arborg.
WHEREAS, pursuant to Section 40 of The Planning Act, the Board of the Eastern Interlake
Planning District has prepared a revised Development Plan;
AND WHEREAS, Arborg is a member of the Eastern Interlake Planning District;
AND WHEREAS, Section 68 of The Planning Act provides that a town council must adopt a
Zoning By-law that is generally consistent with the Development Plan;
AND WHEREAS, it is deemed desirable and expedient to repeal By-law No. 4-92, and all
amendments thereto and substitute therewith a new Zoning By-law;
NOW THEREFORE, the Council of Arborg, in meeting duly assembled, enacts as follows:
1. The Zoning By-law attached hereto is herby adopted;
2. The By-law shall be known as The Town of Arborg Zoning By-law No. 6-2011;
3. By-law No. 4-92 and all amendments thereto are repealed;
4. The Town of Arborg Zoning By-law shall take force and effect on the date of third
reading:
DONE AND PASSED in Council duly assembled at the Town of Arborg, Manitoba,
this 26th
day of July A.D. 2011.
READ A FIRST TIME this
22nd
day of
June
A.D.
2011.
READ A SECOND TIME this 26th
day of
July
A.D.
2011.
READ A THIRD TIME this
26th
day of
July
A.D.
2011.
TABLE OF CONTENTS
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page ii
Page No.
PART I
OPERATIVE AND INTERPRETIVE CLAUSES
1.0
Title
1
2.0
Intent and Purpose
1
3.0
Application
1
4.0
Minimum Requirements
1
5.0
Relation to Other Laws and By-laws
1
6.0
Zones
2
7.0
Zoning Maps
2
8.0
Definitions
4
PART II
GENERAL ADMINISTRATIVE CLAUSES
9.0
Responsible Authorities
25
10.0
Owner's Responsibilities
25
11.0
Development Officer
26
12.0
Amendments
27
13.0
Conditional Uses
27
14.0
Variations
28
15.0
Development Agreements
28
16.0
Subdivision Applications
29
17.0
Development Permits
29
18.0
Permits Issued Prior to By-law
30
19.0
Enforcement
30
PART III
ZONES
20.0
Residential Zones
31
21.0
RG
Residential General Zone
35
22.0
RM
Residential Multiple Zone
36
23.0
RMH Residential Mobile Home Zone
38
24.0
Commercial Zones
39
25.0
CC
Commercial Central Zone
43
26.0
CH
Commercial Highway Zone
45
27.0
Industrial Zones
47
28.0
MG
Industrial General Zone
51
TABLE OF CONTENTS
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page iii
Page No.
ZONES
29.0
Open space/Recreational Zone
52
30.0
OR
Open Space/Recreational Zone
55
PART IV
GENERAL PROVISIONS
31.0
Regulations
56
32.0
Conformance and Permits Required
56
33.0
Buildings Under Construction
56
34.0
Temporary Buildings, Structures and Uses
56
35.0
Accessory Buildings, Structures and Uses
56
36.0
Projections Into Yards
57
37.0
Private Communications Facilities
58
38.0
Area and Yard Requirements
58
39.0
Lots of Record
59
40.0
Existing Uses Listed as Conditional Use
59
41.0
Only One Main Building or Use on a Site
59
42.0
Planned Unit Development
59
43.0
Multiple Uses
60
44.0
Moving of Building or Structure
60
45.0
Fence
61
46.0
Fire Pit, Barbeque and Stove - Outdoor
61
47.0
Noxious or Offensive Uses
61
48.0
Change of Use, Alterations and Additions to Building
61
49.0
Public Utilities and Services
62
50.0
Small Wind Energy Generating Systems
62
51.0
Rooftop Wind Energy Generating Systems
64
52.0
Side Yard Exceptions
64
53.0
Site Reduced by Public Works, etc.
64
54.0
Public Monuments and Statuary
64
55.0
Height Exceptions
64
56.0
Street Frontage and Future Road Allowance
65
57.0
Development on Zoning Site Only
65
58.0
Sign Regulations
65
59.0
Parking Areas
67
60.0
Home-Based Businesses
70
61.0
Bed and Breakfast
70
62.0
Home Day Care
71
63.0
Guest House
71
64.0
Garden Suite
72
65.0
Secondary Suite
72
TABLE OF CONTENTS
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page iv
Page No.
GENERAL PROVISIONS
66.0
Travel Trailer
73
67.0
Flood Risk Area
73
Appendix "A" - Zoning Map
PART I: SECTIONS 1 - 8
OPERATIVE AND INTERPRETIVE CLAUSES
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 1
1.0
Title
This By-law may be cited as "The Town of Arborg Zoning By-law".
2.0
Intent and Purpose
The regulations and requirements established by this By-law are deemed necessary in
order:
(1)
To implement the objectives and policies of the Development Plan.
(2)
To outline the powers and duties of Council, the Board, the Development Officer
and the landowner and/or developer as they relate to this By-law.
(3)
To regulate the following:
(a)
all buildings and other structures erected hereafter;
(b)
all uses or changes in use of all buildings, other structures and land
established hereafter;
(c)
all structural alterations or relocations of existing buildings and other
structures occurring hereafter; and
(d)
all enlargements or additions to existing buildings, other structures and uses.
3.0
Application
This By-law shall apply to all lands within the boundaries of the Town of Arborg. Said
boundaries are shown on the attached Zoning Maps.
4.0
Minimum Requirements
In their interpretation and application, the requirements of this By-law shall be held to be
the minimum requirements to satisfy the intent and purpose as set forth herein.
5.0
Relation to other Laws and By-laws
When a conflict arises between the requirements of this By-law and any other By-law or
law in effect in the Town of Arborg, the following shall apply:
(1)
Whenever provisions of any By-law of the Town of Arborg, the Eastern Interlake
Planning District or any requirements of the Provincial or Federal Government
impose overlapping regulations, laws, or policies over the use of land, buildings or
structures, or contain any restrictions covering any of the same subject matter
contained herein, the most restrictive or highest standard shall govern;
PART I: SECTIONS 1 - 8
OPERATIVE AND INTERPRETIVE CLAUSES
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 2
(2)
Whenever the provisions of a special agreement or development agreement entered
into between the Town of Arborg and a developer impose overlapping requirements
over the use of land, buildings or structures, or contain any restrictions covering
any of the same subject matter contained in this By-law, the most restrictive or
highest standard shall govern;
(3)
The Province of Manitoba and the Government of Canada are not bound or
restricted by any requirement of this By-law. Said Governments are encouraged,
however, to permit only those developments which are consistent with the
requirements of this By-law;
(4)
Nothing in this By-law shall be so interpreted as to interfere with the construction,
alteration, extension, addition, service, replacement, maintenance, demolition,
removal, cessation, improvement, and/or operation of the facilities of any public
utility, public works, public service, or public office as provided by Government, its
various agencies, the Town, the Planning District, and utility companies, provided
that the establishment and operation of such public utility, public works, public
service or public office is of a standard compatible with adjacent land use
development and provided that any building or structure erected in any Zone
generally complies with the yard and area requirements applicable to that Zone;
(5)
Nothing in this By-law shall waive any developer from obtaining all necessary
permission, approvals, licenses, permits, etc., from other Government authorities
and agencies prior to any development, resource use or land use taking place; and
(6)
Nothing in this By-law shall waive any developer from conforming to the
Development Plan.
6.0
Zones
In order to carry out the intent and purpose set forth in this By-law, the following zones
are hereby established in the Area:
(1)
"RG"
Residential General Zone
(2)
"RM"
Residential Multiple-Family Zone
(3)
"RMH" Residential Mobile Home Zone
(4)
"CC"
Commercial Central Zone
(5)
"CH"
Commercial Highway Zone
(6)
"MG"
Industrial General Zone
(7)
"OR"
Open Space/Recreation Zone
7.0
Zoning Maps
The location and the boundaries of the Zones listed in Section 6.0 above are shown upon
Zoning Maps attached hereto, marked as Appendix "A" to this By-law. Said Zoning
Maps form part of this By-law. All notations, references and other information shown
PART I: SECTIONS 1 - 8
OPERATIVE AND INTERPRETIVE CLAUSES
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 3
thereon, together with any amendments made by amending By-laws from time to time
and shown thereon, together with any amendments to boundaries in the case of any street,
lane or public utility right-of-way closing, as provided in subsection (4) of this Section,
shall be as much a part of this By-law as if the matters and information set forth by the
said Zoning Maps were fully described herein.
(1)
Registered Plans
All plan references on the Zoning Maps pertain to registered plans filed in the
Winnipeg Land Titles Office.
(2)
Abbreviations
The abbreviations noted on the Zoning Maps mean the following:
(a)
"Blk." means Block;
(b)
"Gov't. Rd. All'ce." means Government Road Allowance;
(c)
"Pcl." means Parcel;
(d)
"Frac." means fraction;
(e)
"Pt." means Part;
(f)
"Rge." means Range;
(g)
"Sec." means Section;
(h)
"Twp." means Township;
(i)
"E.P.M." or "E" means East of the Principal Meridian;
(j)
"P.R." means Provincial Road; and
(k)
"P.T.H." means Provincial Trunk Highway.
(3)
Interpretation of Zone Boundaries
In the interpretation of the boundaries of the zones as shown on the Zoning Maps,
the following rules shall apply:
(a)
Heavy lines represent the 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 zone boundaries, the regulations contained in this By-law shall not be
deemed to be applicable to the said streets, lanes, and public utility rights-of
way;
(c)
Boundaries indicated as following the centerlines of streets, highways or
lanes shall be construed to follow such centerlines;
PART I: SECTIONS 1 - 8
OPERATIVE AND INTERPRETIVE CLAUSES
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 4
(d)
Boundaries indicated as following lot, site or property holding lines on a
registered plan shall be construed as following such lot, site and property
holding lines;
(e)
Boundaries indicated as following the municipal limits shall be construed as
following the municipal limits;
(f)
Boundaries indicated as following the centerline of railway lines or railway
rights-of-way or public utility lines or 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; and
(g)
Zone boundaries indicated as following shorelines of drains, streams, creeks,
rivers or lakes shall be construed as following the ordinary highwater mark
(where vegetation begins) of such drains, streams, creeks, rivers or lakes.
(4)
Zoning of Closed Street, Lane, etc
If a street, or 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 consolidated and included within the zone of the
adjoining land. If the former centre line of the closed street or lane or Government
Road Allowance was a zone boundary between two or more different zones, a
rezoning of the road will be required to ensure that the entire road is in compliance
with the zone of the land to which the road is consolidated.
8.0
Definitions
The following are definitions for some of the words, phrases and terms found throughout
this By-law:
Accessory Building: means a subordinate building located on the same site as the
principal building or principal use, the use of which is intended as incidental and
accessory to that of the principal building or use.
(a)
Accessory Building, Attached: means an accessory building which is attached to
the main or principal building and in determining the required yards, the attached
accessory building shall be treated as being part of the main or principal building;
(b)
Accessory Building, Detached: means an accessory building which is not attached
to the principal building and in determining the required yards, the requirements for
Accessory Buildings as stated in the Use and Site Regulation Tables for each Zone
shall be used; and
(c)
Accessory Building, Semi-detached: means an accessory building which is
attached in some fashion to the principal building by a structure such as a
PART I: SECTIONS 1 - 8
OPERATIVE AND INTERPRETIVE CLAUSES
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 5
breezeway. The required yards for a semi-detached accessory building is
determined in the same manner as in clause b) above.
Accessory Use or Structure: means a use or structure on the same site with, and of a
nature customarily incidental and subordinate to, the principal use or structure. The single
exception to the above is accessory off-street public parking area which may be permitted
by a variation order to locate elsewhere than on the same zoning site with the building,
structure or use served.
Act, The: means The Planning Act, being Chapter P80 of the Continuing Consolidation
of the Statutes of Manitoba, and all amendments thereto.
Agricultural Activities: means a use of land for agricultural purposes including farming,
dairying, pasturage, agriculture, apiculture, floriculture, horticulture, and animal and
poultry husbandry and the necessary accessory uses for packing, storing or treating the
produce provided, however, that the operation of any such accessory uses shall be
secondary to that, of the normal agricultural activities.
Agricultural Support Industry: means an industry, commercial service or retail
business in which the major product or service being bought, sold or processed is
intended mainly for, from or by farmers. Such uses may include: agricultural implement
sales, rentals and repairs, aerial spraying companies, grain storage including grain
elevators, feed mills, seed plants, and the like, and does not include bulk fertilizer or
anhydrous ammonia plants which are considered as Bulk Oil or Chemical Storage Areas.
Alterations, Structural: means any change which prolongs the life of the supporting
members of a building structure, such as bearing walls, columns, beams or girders.
Amusement Park: means a permanent or seasonally regular place which may be
partially or wholly outdoors and may include: amusement rides such as ferris wheels,
merry-go-rounds, roller coasters, water slides and the like; animal displays and rides;
shows; souvenir sales; games of skill and luck; exhibitions; displays; live entertainment;
sports activities; batting cages; miniature golf course and driving range when not on the
same site as a golf course; and the like; and may also include as accessory uses those uses
permitted under: Liquor Licensed Establishment; Recreational Facilities; Athletic, Sports
and Recreational Areas; Place of Entertainment (all as defined); and Restaurant.
Apartment Building or Apartment Block: means a multiple-family residential building
containing 3 or more dwelling units which have a common interior hallway or entry area.
Arcade: means a premise where 3 or more commercially-operated games of luck and/or
skill played on a stationary mechanical and/or electronic machine (including pinball
machines, electronic games, video games, computer games and the like), are housed and
are generally available for play by the public at large including persons under the age of
18 years. An arcade is, for the purposes of this By-Law, considered as a place of
Entertainment (as defined).
PART I: SECTIONS 1 - 8
OPERATIVE AND INTERPRETIVE CLAUSES
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 6
Athletic, Sports and Recreational Area: means an unroofed area of land intended
primarily for the purposes of non-motorized sports and recreation such as: large
playgrounds, outdoor public swimming pools, football, soccer, and baseball fields,
outdoor hockey rinks, outdoor tennis and basketball courts, and track and field areas, and
the like, and may include as accessory uses: warm up or change shelters, locker rooms,
washroom and shower facilities, spectator seating and food, beverage and souvenir sales.
Autobody Repair Shop: means a use conducted entirely within an enclosed building for
the repair and painting of automobile, light vehicle and/or truck bodies, not generally
including mechanical repairs, servicing or automobile wrecking except when these uses
are accessory to body repair.
Automobile Sales or Storage Area: means a commercial premises used for the display,
sale, rental, lease or storage of new or used automobiles, light trucks, recreational
vehicles, travel trailers, boat and utility trailers and the like.
Awning, Canopy or Marquee: means any roof-like structure, which may be constructed
as an integral part of a building or attached in such a manner as not to be an integral part
of a building, but is so constructed to provide shelter or shade over a door way, stacking
space, aisle or driveway, window, or sidewalk.
Basement or Cellar: means that level of a building which is at least 50% below finished
grade measured from interior floor to finished interior ceiling, as determined by the
Development Officer. A basement level is not considered a storey for the purposes of
measuring the height of a building.
Bed and Breakfast: means a principal dwelling where sleeping accommodation with or
without light meals is provided to members of the travelling public for remuneration.
Board, The: means the Board of the Eastern Interlake Planning District as established
under the Act.
Boarding or Rooming House: means a building or portion thereof, other than a Multiple
Family Dwelling, Hotel, Motel or Motor Hotel without individual cooking facilities in
each sleeping unit, where lodging or meals are provided usually by the week or month for
compensation for two or more lodgers exclusive of the proprietor and his/her family, but
does not include an Institutional Facility and also does not include accessory uses such as
Liquor Licensed Establishments, Restaurants, gift shops, and so on.
Building: means a building as defined in the Act.
Building, Height of: means the vertical distance measured from grade to the highest
point of the roof surface excluding projections or attachments such as chimneys, private
communications facilities, flag poles and roof ornaments.
PART I: SECTIONS 1 - 8
OPERATIVE AND INTERPRETIVE CLAUSES
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 7
Building, Main or Principal: means the building in which the principal or main use of
the site is conducted.
Bulk Oil or Chemical Storage Area: means a premises primarily intended for the
storage, sale or distribution of synthetic or petroleum based fluids or chemicals;
fertilizers; and other potentially obnoxious, explosive, or hazardous materials, chemicals,
gases or fluids. The sale or distribution of such materials, chemicals, gases or fluids are
primarily intended to be on a wholesale basis to commercial or industrial users, or to
customers such as farmers, who normally buy in large volume or in bulk. A bulk oil or
chemical storage area is situated, operated or used only in accordance with all
environmental safety standards, laws and regulations.
Bulk/Site Regulation means the following:
(a)
The size (including height of building and floor area), of buildings or structures;
(b)
The size of the zoning site (including area, width and depth of site) upon which a,
building is located, and the number of dwelling units or rooms within such
building in relation to the size of the zoning site;
(c)
The location of exterior walls of buildings in relation to site lines, to other walls of
the same building, to legally required windows, or to other buildings; and
(d)
All open areas relating to buildings or structures and their relationships thereto.
By-law, This: means this Town of Arborg Zoning By-law in its entirety and all
amendments thereto.
Camp Ground or Travel Trailer Park: means an area of land, planned and improved to
temporarily accommodate 2 or more persons or families who bring their own mobile or
portable shelter with them, such shelter includes: Travel Trailers (as defined), tents, or
other temporary camping accommodations used for travel, recreation and vacation uses
and not intended for permanent residences and not including mobile homes.
Communication Facility: means outdoor communications facilities including antennae,
aerials, receiving dishes, transmission beacons, masts, and towers, etc. and other related
equipment as may be required for the purposes of transmitting or receiving television,
radio, micro wave, radar, laser, or like communications signals. All such communications
facilities are approved by the appropriate bodies when required.
Communication Facility, Private: means Communication Facility (as defined) intended
for the exclusive use of the person(s) residing on or using the premises on which such
facilities are located.
Conditional Use: means those uses of land, buildings or structures which may be
permitted in a particular Zoning District but only at the discretion of the Council.
PART I: SECTIONS 1 - 8
OPERATIVE AND INTERPRETIVE CLAUSES
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 8
Condominium: means individual ownership of a unit in a multi-unit structure where
expenses common to all parties are shared.
Condominium, Bare Land Unit: means a unit of land defined by delineation of its
horizontal boundaries without reference to any buildings on a condominium plan.
Condominium, Unit: means a part of the land or building that is designated as a unit by
the condominium plan, and is comprised of the space enclosed by its boundaries and all
material parts of the land within this space at the time the condominium declaration and
plan are registered.
Construction or Constructed: means the physical location, erection, increase or
decrease in size of any building or structure or ground including any: excavation,
building, drilling, digging, alteration, addition, extension, location, relocation,
enlargement, movement, demolition, replacement, development and/or extension.
Contractor's Establishment: means a premises where a construction contractor operates
a business and where related equipment and materials may be stored, including: wood
construction, cabinet making, carpentry, house builders, mobile home and "ready to
move" house construction, package home or garage construction, kitchen or bathroom
renovating, dry-walling, electrical contracting, eaves troughing, general contracting,
heating contractors, air-conditioning and refrigeration contractors, insulating contractors,
painting contractors, decorating and landscaping contractors, plumbers, sheet metal
contractors, roofers, drillers and well contractors, septic tank installation, foundation
contractors, excavators, stucco contractors, siding contractors, brick laying, fencing
contractors, ventilating contractors, window and door installation, road, bridge, cement
and concrete contractors and other like uses.
Council: means the elected Council of The Town of Arborg.
Convenience Store: means any store where food is sold, alone or in combination with
other goods or services.
Developer: means any person who engages in Construction (as defined) or any person
who engages in land development including a subdivision of land.
Development Officer: means the officer appointed by the Board in accordance with the
provisions of the Act.
Development Plan: means the Eastern Interlake Planning District Development Plan
adopted by the Board as By-law No. 02-2010.
Dwelling: means a structure or portion thereof designed for residential occupancy,
including, single-family, two-family, and multiple family dwellings and mobile homes,
Boarding and Rooming Houses, but does not include Hotels, Motels, Motor Hotels, tents,
or Travel Trailers.
PART I: SECTIONS 1 - 8
OPERATIVE AND INTERPRETIVE CLAUSES
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 9
Dwelling, Multiple Family: means a building containing three or more Dwelling Units
(as defined), each such unit designed for and used by only one family, and may include:
row houses, town houses, and apartment buildings.
Dwelling, Single-Family: means a detached building or structure containing one
Dwelling Unit designed for and used by one family.
Dwelling, Two-Family: means a detached or semi-detached building designed for and
used by two families, each family having exclusive occupancy of a single Dwelling Unit,
and may include a duplex.
Dwelling Unit: means one or more rooms in a building designed for and not used by
more than one family as a single housekeeping unit, with cooking, eating, living, sleeping
and sanitary facilities wholly contained within each dwelling unit.
Family: means one or more persons occupying a dwelling unit and maintaining a
household.
A household referred to above shall be deemed to exist if all members thereof have
access to all parts of the dwelling unit.
Floor Area: means the sum of the gross horizontal areas of all floors in a particular
building on a site, with an average interior height: of 6 feet 6 inches or more, measured
from the exterior faces of the exterior walls or from the centerline of party walls. In
particular, the floor area of a building includes:
(a)
Basements when used for residential, recreational, commercial or industrial
purposes, but not including space used for storage or the housing of mechanical or
central heating equipment;
(b)
Hallways, closets, bathrooms, elevator shafts and stairwells at each storey, except
shaft and stair bulkheads and exterior unroofed steps or stairs;
(c)
Penthouses, mezzanines, lofts and attics when improved for human habitation and
where there is an average structural headroom of 6 feet 6 inches or more; and
(d)
Attached balconies, decks, patios, sun rooms and porches completely enclosed by
walls and a roof but not including an attached garage or carport.
Garden Suite: means one additional temporary, detached, removable, self-contained
single family dwelling unit which is placed on the same site as a permanent principal
single family dwelling, for the purpose of accommodating elderly parent(s) or other
family member(s) who require or provide care and assistance from or for the occupants of
the principal dwelling.
PART I: SECTIONS 1 - 8
OPERATIVE AND INTERPRETIVE CLAUSES
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 10
Gas Bar: means the use of land, buildings or structures where motor vehicle fuel,
lubricants and automotive accessory items are offered for sale but where no provision is
made for the repair of vehicles.
Grade: means the average level of finished ground adjoining a building or structure at all
exterior walls, as determined by the Development Officer.
Group Camp: means a property consisting of a tract of land and any tents, vehicles,
buildings or other structures that may be pertinent to its use, and any part of which may
be occupied by persons for the purpose of outdoor or indoor organized activities.
Guest House: means a secondary detached building located on the same site as a single
family dwelling which is intended to be used as an extension to the residential use of the
single family dwelling. Accommodation is to be provided as secondary and incidental for
family members and guests of the occupants of the main dwelling.
Habitable Building: means all structures or facilities designed to accommodate people
including residential (single and multi-unit dwellings), commercial (office buildings and
commercial outdoor plazas), institutional (hospitals, nursing homes, schools, churches,
community centers, daycare centers) and recreational facilities (recreational centers,
outdoor public recreational areas, travel trailer parks, campgrounds, playgrounds, picnic
areas), but not including accessory structures such as sheds.
Heavy Equipment: means any vehicle, implement, machine or equipment with a weight
exceeding 7000 pounds including but not limited to the following: agricultural equipment
and implements, mobile homes, travel trailers, buses, locomotives, rail cars, trucks,
tractors, semi-trailers, cement mixers, bulldozers, front-end loaders, steam rollers, cranes,
graders, back hoes, earth-movers and so on.
Heavy Equipment Sales or Storage Area: means a premise used for the display, repair,
servicing, sale, rental lease and/or storage of new or used Heavy Equipment (as defined)
and may include service and repairs, but shall not include a Junk or Scrap Yard.
Height: means the vertical distance measured from grade to the highest point of the
structure.
Home-Based Business: means an occupation, profession, operation, business, service,
trade, practice or office which:
(a)
Is carried on by an occupant of a dwelling unit;
(b)
Is intended as a profit-making operation; and;
Home Day Care: means premises in which either day care alone, or in combination with
parental care, is provided at any time; to children, including the children of the person
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providing the day care and children of other persons, and which is home of the person
providing or offering the day care.
Hotel, Motel or Motor Hotel: means a building or part thereof containing 3 or more
suites or guest cabins, wherein sleeping accommodation (with or without cooking
facilities) is provided for transient lodgers usually by the day or week. Permitted
accessory uses may include: Restaurants, Liquor Licensed Establishments, gift shops,
personal service shops, banquet halls, private Recreational Facilities, private Athletic,
Sports and Recreational Areas, halls, ballrooms, and meeting rooms, unless otherwise
specified.
Hunting Outfitter/Lodge: means an establishment containing guest rooms or cabins for
the use of public engaged in angling, hunting, camping or recreational purposes.
Accessory uses can include a dinning room, souvenir sales, and recreational facilities for
use by the guests, storage buildings and accommodation for permanent staff.
Institutional Facility: means a premises which is; intended for the training, treatment,
rehabilitation, housing, care, and/or supervision of children and/or adults not related by
blood, marriage or adoption to the operator nor to each other, and may include: public,
private and parochial schools, colleges, hospitals, summer camps and recreational camps,
nursing homes, senior citizens homes, personal care homes, residential care homes,
rehabilitation homes, day care centers, nursery schools, foster homes, group homes,
halfway houses, and like uses. Where applicable, such Institutional Facilities are licensed
or approved by appropriate Government agencies. Accessory uses may include: dwelling,
quarters for staff, lounge facilities, Recreational Facilities, Athletic, Sports and
Recreational Areas, a gift shop, a cafeteria, office, meeting rooms, halls and auditoria and
the like.
Junk Yard or Scrap Yard: means an open area where waste or scrap materials are
bought, sold, exchanged, stored, crushed, baled, packed, disassembled or handled. A Junk
or Scrap Yard includes an Autopac storage compound, an automobile wrecking or
dismantling yard but does not include uses established entirely within an enclosed
building, does not include a Bulk Oil or Chemical Storage Area, and shall not include a
chemical or liquid or hazardous waste disposal area.
Kennel or Animal Pound: means a premises containing pens, enclosures and/or shelters
and primarily intended for the keeping, boarding, breeding, training, caring and/or selling
of three or more domestic animals such as dogs or cats. A Kennel or Animal Pound does
not include a Veterinary Clinic or any agricultural use.
Lane: means a Street (as defined) with a right-of-way width not exceeding 33 feet and
intended to provide only secondary access to abutting properties.
Liquor Licensed Establishment: means an establishment licensed by the Manitoba
Liquor Control Commission and primarily intended to serve or sell liquor (including
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THE TOWN OF ARBORG ZONING BY-LAW 6-2011
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beer, wine and spirits) for immediate consumption on the premises, and includes:
beverage rooms, cocktail lounges, beer parlors, and bars, pubs, and taverns.
Loading Space: means an off-street space located on the same site with a building, or
contiguous to a group of buildings for the temporary parking of a truck or delivery
vehicle while loading or unloading goods, merchandise or materials.
Lumber Yard: means a premise where lumber, construction materials, building
products, hardware items, home decorating materials and the like are stored and/or
displayed for sale.
Manufacturing: means a premise in which a manufacturing, assembly, fabricating,
industrial or processing operation of food, beverages, goods, products, materials,
machinery, etc. takes place. For the purposes of this By-law, the two types of
Manufacturing Activities are as follows:
(a)
Heavy Manufacturing: means any manufacturing or other similar industrial
operation which may include outdoor storage and where a certain level of nuisance
factor may be accepted as characteristic of the use; and
(b)
Light Manufacturing: means a manufacturing or other similar industrial operation
which is confined to an entirely enclosed building and such manufacturing
operation is not, in the opinion of Council, offensive because of the emission or
production of: odor, dust, refuse matter, liquid wastes, vapor, gas, smoke, light,
glare, vibrations and/or noise.
Mobile Home: means a portable dwelling which is designed or used for residential
occupancy, built upon or having a frame or chassis to which wheels may be attached by
which it may be moved upon a highway, whether or not such structure actually has at any
time such wheels attached, or is jacked up or skirted and which conforms to the structural
standards of The Buildings and Mobile Homes Act, Chapter B93, C.C.S.M. and
amendments thereto.
Neighborhood Commercial: means a store that serves the needs of the adjacent
neighborhood and includes the following types of stores: convenience store, produce
sales, personal service establishment and health service.
Outdoor Market: means any retail sales operation where a major portion of the
operation involves outdoor display for the purposes of sale.
Parcel or, Parcel of Land: means a parcel as defined In the Act.
Parking Area: means an open area of land other than a street or lane or an area within a
structure used for the parking of vehicles.
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Parking Area, Public: means a parking area used for the temporary parking of vehicles
and is available for public use whether free, for compensation or as an accommodation
for clients, customers, employees or visitors.
Parking Space: means a space in a Parking Area or on a site, for the parking or storage
of a motor vehicle.
Party Wall: means a wall forming part of a building and used for the separation of
adjoining buildings, dwelling units, offices, retail stores and so on, occupied, constructed
or adapted to be occupied by different persons or businesses.
Place of Entertainment: means an indoor use containing amusement devices,
amusement machines, amusement rides, amusement shows or exhibitions and includes
the following: a pool hall, billiards hall, bowling alley, and indoor roller skating or skate
boarding area, an indoor golf driving and/or miniature golf course, archery or shooting
gallery and/or an Arcade. Any premises (excluding Recreational Facilities) with a total of
3 or more Arcade Games and/or one or more commercially operated pool/billiard table
which are generally available to the public, is considered as a Place of Entertainment for
the purposes of this By-law. Food, beverage and souvenir sales may be permitted as an
accessory use.
Planned Unit Development: means a land development project planned as an entity in
accordance with a unitary site plan which permits flexibility in siting of building, mixture
of housing types and land uses, usable open spaces, and the preservation of significant
natural features.
Produce Sales-Limited: means sales limited to goods produced by market gardeners in
nurseries or in greenhouses.
Premise: means an area of land with or without buildings or structures or parts thereof.
Public Facility: means a facility owned by the Municipality, or the appropriate public
authority or their agencies, including but not limited to: library, museum, swimming pool,
municipal office, police office, fire station, etc.
Public Utility: means any system, works, plant, equipment or services which furnishes
services and facilities available at approved rates to or for the use of the inhabitants of the
Town of Arborg including but not limited to:
(a)
Communication, by way of telephone, telegraph, wireless or television;
(b)
Public transportation, by bus or other vehicle;
(c)
Production, transmission, delivery or furnishing of water, gas or electricity to the
public at large; or
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THE TOWN OF ARBORG ZONING BY-LAW 6-2011
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(d)
Collection of sewage, garbage or other waste.
Race Track: means a premises intended primarily for the competitive racing of vehicles
or animals and may include a stock car track, a drag racing strip, a sports car racing
circuit, a vehicle slalom track, a snowmobile, motor cycle or other recreational vehicle
race track, go-cart track, bicycle track, a horse race or show track, harness race track,
demolition derby track, tractor or truck pull track, and like uses. Food, beverage and
souvenir sales may be permitted as an accessory use when the race track is operating.
Recreational Facility: means a premises primarily intended for indoor sports, games,
recreation, meetings, relaxation and/or entertainment for the public or for members of a
specific club or organization and may include: community halls and auditoria, dance
halls, meeting halls, social halls, community clubs, public art galleries and museums,
fraternal organizations, service clubs, union halls, fitness clubs, gyms and spas, children's
organizations (such as Boy Scouts, etc.) and other organization and recreational clubs
such as: Y.M.C.A.'s, curling clubs, raquet clubs, arenas, indoor swimming pools, and the
like. Recreational facilities may include as accessory uses: restaurants, pro-shops, gift
shops, liquor licensed facilities, offices, Place of Entertainment, for club members only
and meeting rooms.
Recreational Vehicles: means, for the purposes of this By-law, motorcycles, mopeds,
snowmobiles, mini-bikes, dirt bikes, other small all-terrain and off-road vehicles, and
other small motorized vehicles primarily intended and designed for off road use, and may
include boats and Travel Trailers (as defined), but does not include automobiles, vans,
buses and trucks.
Religious Facility: means a place for worship and related activities, includes churches,
chapels, mosques, temples, synagogues, parish halls, convents and monasteries.
Restaurant: means any premises where food and drink are prepared and offered for sale
to the public for immediate consumption and may be liquor licensed unless otherwise
specified, and may include: cafeterias, tea rooms, donut shops, coffee shops, cafes,
hamburger and hot dog stands, pancake houses, fast food restaurants, drive-in and drive-
through restaurants, ice cream parlors, pizzeria, dinner theatres, delicatessens, steak
houses, take-out and delivery restaurants and the like.
Retail Store, Service or Office: means any use or premises, where materials, goods,
machinery, wares, merchandise, food, beverages, articles, products, instruction,
exhibitions shows, a trade, a practice, a profession, advice, or other services are offered
for sale, rent, lease or repair primarily at retail, or offered as a public service, to the
general public. The operation of a Retail Store, Service or Office is contained entirely
within an enclosed building, with no outdoor storage (except as permitted by Council) no
outdoor repair work, no keeping or handling of livestock or poultry, and does not include
any manufacturing.
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Rooftop Wind Energy Generation System: means a roof mounted wind turbine(s) and
associated equipment for converting wind energy to power.
Secondary Suite: means a self-contained dwelling unit of a prescribed maximum total
floor area that is part of a building containing not more than two dwelling units
(including the secondary suite) and any common spaces such as common storage,
common service rooms, common laundry facilities or common areas used for egress.
Service Station: means a premises used for the retail sale of petroleum based products
and other parts, fuels, goods and products for the servicing, maintenance and operation of
automobiles, light trucks, small motors and recreational vehicles; and where said vehicles
may be serviced and repaired indoors only; and may mean or include: repair garages,
small motor repair shops, recreational vehicle repair shops, muffler shops, tune-up shops,
brake shops, auto upholstery shops, lubrication and oil shops, radiator repair shops,
transmission repair shops, auto electric service shops, tire sales and installation shops,
and the like, and for the purposes of this By-law may mean or include an Autopac claims
centre (but not a storage compound), a car wash, and those uses permitted under a Gas
Bar as defined herein, but does not mean or include any other use listed in the Site
Regulations and Use Tables. A Service Station may also include as an accessory use, the
display of up to 5 automobiles, recreational vehicles or trailers for the purposes of sale or
rental, but does not include outdoor storage of derelict vehicles or junk.
Shopping Centre or Mall: means a group of three or more stores, businesses or
establishments occupied by uses which are permitted in the Zone in which the shopping
centre or mall is located and which are contained in one building usually on one site and
where the shopping centre or mall is conceived, designed, developed and managed as an
interdependent and interrelated unit whether by a single owner or tenant or by a group of
owners or tenants acting in collaboration.
Sign Definitions:
Terms and works used in this By-law regarding the regulations of signs, unless the
context otherwise requires, are defined as follows:
(a)
Abandoned Sign: means any sign which no longer correctly identifies a business
or the products and services offered on the premises where the sign is located, or
any sign which is not in a readable state.
(b)
Animated Sign: means any sign or portion of a sign having moving parts or
electronically controlled colour changes which depict action or give motion to the
sign.
(c)
Awning Sign: means a protective roof-like covering, as over a window or door.
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THE TOWN OF ARBORG ZONING BY-LAW 6-2011
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(d)
Business Identification Sign: means a sign identifying the name, dealer, franchise,
association, primary function, product or service of the commercial activity
conducted on the premises, and may include local advertising and changeable copy.
(e)
Canopy Sign: means a sign attached to, or forming part of, a permanent building
projecting or fixed structural framework which extends outward from the exterior
wall of a building and which may be roofed over or covered to provide protection
over the entrance to a building.
Sandwich or
Folding Sign
BILLBOARD
Figure 1.
Types of Signs (Mobile, Sandwich, Billboard)
(f)
Copy: means the letters, graphics or characters which make up the message on sign
face.
(g)
Copy Area: means the total area within one or more rectangles which enclose the
entire limits of the copy.
(h)
Directional Sign: means an on-premise sign providing direction to pedestrian or
vehicular traffic without advertising copy, except a business logogram. Directional
signs include such signs as exit and parking signs.
(i)
Electric Sign: means any sign containing electrical wiring or lights built into the
sign face which are intended for connection to an electrical energy source.
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(j)
Fascia Sign: means any sign painted on or attached to an exterior building wall so
that the sign does not extend more than 40.00 cm. (15.75 in.) out from the wall nor
beyond the horizontal limits of the wall.
(k)
General Advertising Sign: means a sign which directs attention to a business,
activity, product, service or entertainment which cannot be considered as the
principal products sold nor a principal business, activity, entertainment, or service
provided on the premises where the sign is displayed, and general advertising has a
similar meaning.
(l)
Ground Sign: means any sign supported independently of a building and
permanently fixed to the ground.
(m) Height, Sign: means the vertical distance measured from the finished ground
surface directly under the sign to the highest point of the sign.
(n)
Identification Sign: means a sign which contains only the name and address of a
building, institution or person and the activity carried on in the building or
institution, but does not include any other advertising copy.
(o)
Illuminated Sign: means any sign having only steady illumination of the same
intensity by artificial means, either from lighting directed on the sign face or from a
light source located within the sign which is transmitted through a transparent or
translucent sign face.
(p)
Mural Sign: means a non-illuminated sign painted on the exterior wall of a
building which enhances the visual appearance of the building and does not include
business identification or general advertising.
(q)
Official Sign: means a sign required by, or erected pursuant to, the regulations of
federal, provincial or municipal legislation.
(r)
Portable Sign: means a sign greater than 0.50 sq. m. (5.38 sq. ft.) in area mounted
on a trailer, stand or other support structure which is designed in such a manner
than the sign can readily be relocated to provide advertising at another location or
readily taken on and off a site, and may include copy that can be changed manually
through the use of attachable characters, message panels or other means.
(s)
Projecting Sign: means any sign, except a canopy sign, which is supported by an
exterior building wall and projects outward from the building wall by more than
40.00 cm. (15.75 in.).
(t)
Roof Sign: means any sign erected upon, against, or above a roof, or on top of or
above, the parapet of a building.
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(u)
Sign: means any visual medium, including its structure and other component parts,
illuminated or not illuminated, which is used or capable of being used, on a
permanent or temporary basis, to identify or convey information, or to advertise or
attract attention to a product, service, place, activity, person, institution or business.
Without limiting the generality of the foregoing, signs shall include banners,
placards, and painted messages.
ROOF SIGN
SIGN
PROJECT
S
I
G
N
ING - PROJECTING -
PROJECT
ING - PROJECTING -
GRO
UND
SIGN
Wall
Fascia
Figure 2.
Types of Signs (Fascia, Ground, Projecting, Roof)
(v)
Sign Alteration: means any modification of a sign or supporting structure,
excluding the routine maintenance or repainting of a sign or changing the copy on
signs specifically designed for this purpose.
(w) Sign Area: means the entire area of the sign on which copy is intended to be
placed. In the case of double-faced or multi-faced sign, only half of the area of
each face of the sign used to display advertising copy shall be used in calculating
the total sign area.
(x)
Sign Structure: means any structure which supports a sign, including materials
used to conceal or improve the visual appearance of the structural parts.
(y)
Temporary Sign: means a sign which is not permanently anchored to a footing
extending below grade or permanently affixed to, or painted on, a building and on
which the copy has been painted or affixed in a permanent manner. The copy on
the sign shall relate to an activity, use or event of limited time duration not
exceeding six months. Temporary signs include such signs as political campaign
signs, real estate signs, construction identification signs, signs identifying seasonal
PART I: SECTIONS 1 - 8
OPERATIVE AND INTERPRETIVE CLAUSES
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 19
businesses, signs advertising specific community events, and signs providing
temporary identification for developments awaiting installation of a permanent
sign. For the purpose of this By-law, temporary signs shall include sandwich and
folding signs but not portable signs.
(z)
Warning Sign: means an on-premise sign providing a warning to the public,
including such signs as No Trespassing or Private Driveway signs.
Site: means a zoning site as defined herein unless the context indicates otherwise.
Site Area: means the computed area of a site contained within the site lines.
Site, Corner: means a site situated at the intersection of two (2) streets, the angle of such
intersection not exceeding 135 degrees.
Site Depth: means the horizontal distance between the centre points in the front and rear
site lines.
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THE TOWN OF ARBORG ZONING BY-LAW 6-2011
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Site Frontage: means all that portion of a zoning site fronting on a street: and measured
between side site lines.
Site, Interior: means a site other than a corner site or a through site.
Site Lines: means as follows:
(a)
Front site line: means that boundary of a site which is along an existing or
designated street. For a corner site the Development Officer may select the front
site line except where an interior site abuts the corner site, then the front site line
shall be that line which is the continuation of the front site line of the interior site;
(b)
Rear site line: means that boundary of a site which is most nearly parallel to the
front site line and in the case of a site in which the side site lines intersect, such as
a triangular site, a line ten (10) feet in length within the site, parallel to and at the
maximum distance from the front site line;
(c)
Side site line: means any boundary of a site which is not a front or rear site line;
and
(d)
Where an irregular shaped site cannot have its site lines defined by the foregoing
definitions, the front, rear and side site lines shall be determined by the
Development Officer.
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Site Plan: means a map or series of maps drawn to scale showing some or all of the
following information as may be required by the Development Officer: all proposed and
existing: buildings, structures, alterations, and additions, roads, walkways, landscaping,
parking areas, stacking spaces, loading spaces, vegetation, buffer strips, elevations, areas
to be raised by fill, grade level, physical features of the site and other relevant
information as may be required by the Development Officer or Council for any proposed
development.
Site, Through: means a site having a pair of opposite site lines along two (2) more or
less parallel streets. On a through site, both street lines shall be deemed front site lines.
PART I: SECTIONS 1 - 8
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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 forty
(40) feet from the front site line, whichever is the lesser.
Site, Zoning: means an area of land which:
(a)
Is occupied, or intended to be occupied, by a main building or a group of such
buildings and accessory buildings, or utilized for the principal use or uses thereto,
together with such open spaces as are required under the provisions of this by-law;
(b)
Has frontage on a street or has any lawful means of public access satisfactory to
the Council; and
(c)
Is of sufficient size to provide the minimum requirements of this by-law for a
permitted or conditional use in a zone where the use is located.
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 basement or
cellar.
Street: means a street as defined in the Act.
Structure: means anything constructed or erected with a fixed location on or below the
ground, or attached to something having a fixed location on or below the ground and
includes: buildings; mobile homes; stairs; walls; decks; fences; stationary or fixed tanks,
bins, sheds, storage containers, or machinery; swimming pools; wells; marquees,
awnings or canopies; statues and monuments; fixed or stationary recreational and sports
equipment; communications facilities; pipes; signs; light standards; towers; poles; etc.
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THE TOWN OF ARBORG ZONING BY-LAW 6-2011
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Travel Trailer: means a portable living accommodation designed to be used as
temporary accommodation for travel, recreation or vacation purposes that:
(a)
Is capable of being transported on its own chassis and running gear by towing or
other means;
(b)
Is placed on the chassis or body of a motor vehicle; or
(c)
Forms part of a motor vehicle.
Truck Terminal: means the use of land, buildings or structures for the purpose of
storing, servicing, repairing or loading trucks, transportation trailers and/or buses but
does not include automobile service stations.
Use means:
(a)
Any purpose for which a building or structure or an area of land may be designed,
arranged, intended, maintained or occupied for; or
(b)
Any activity, occupation, business or operation carried on, or intended to be carried
on, in a building or structure or on an area of land.
Veterinary Clinic: means a building or part thereof with or without related structure
wherein animals of all kinds are treated or kept for treatment by a registered veterinarian.
Warehouse: means a building or part thereof which is used primarily for the housing,
storage, adapting for sale, packaging or distribution of goods, wares. Merchandise,
foodstuff, substances, articles, or things and includes the premises of a warehouse
watchperson, but does not include a fuel depot.
Warehouse Sales: means a development used for the wholesale or retail sale of bulky
goods from within an enclosed building where the size and nature of the principal goods
being sold typically require large floor areas for direct display to the purchaser or
consumer. This includes developments where principal goods being sold are such bulky
items as furniture, carpet, major appliances and building materials.
Yard: means an open area, usually on the same site with a building or structure, which is
unoccupied and unobstructed from its lowest level to the sky. For the purposes of this
By-law, yards are classified in the following manner:
(a)
Corner Side Yard: means a side yard which adjoins a street;
(b)
Front Yard: means a yard extending along the full length of the front site line
between the side site lines; for a corner site the Development Officer may
determine which yard shall be deemed the front yard;
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THE TOWN OF ARBORG ZONING BY-LAW 6-2011
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(c)
Interior Side Yard: means a side yard which is adjacent to another site, a public
reserve, or a lane separating such side yard from another site;
(d)
Rear Yard: means a yard extending along the full length of the rear site line
between the side site lines;
(e)
Required Yard: means a yard extending along a site line to a depth or width
(measured) from the site line or wall specified in the Site Regulations for yards in
the Zone in which such site is located; and
(f)
Side Yard: means a yard extending along the side site line from the front yard to
the rear yard. In the case of a corner site, the Development Officer may determine
which yard shall be the side yard.
The following diagram illustrates the foregoing definitions of yards:
PART II: SECTIONS 9 - 19
GENERAL ADMINISTRATIVE CLAUSES
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 25
9.0
Responsible Authorities
(1)
Council
Subject to the provisions of the Act, the Council is responsible for:
(a)
The enactment of this By-law;
(b)
Administering and enforcing those provisions of the Act, where applicable;
(c)
Considering the adoption of proposed amendments or the repeal of this By-law;
(d)
Approving or rejecting conditional use applications, and revoking the authorized
conditional use for any violation of any conditions imposed by it; and
(e)
Establishing a schedule of fees
(2)
Planning Advisory Committee
Planning Advisory Committees may be established in accordance with the Act.
(3)
Variation Board
Council shall act as the Variation Board in accordance with the Act.
(4)
Eastern Interlake Planning District
The Board shall be responsible for the administration of this By-law. The Board's
appointed Development Officer shall administer and enforce this By-law on behalf of
the Town of Arborg and the Board.
(5)
Other Authorities
Nothing in this By-law shall affect the authority of Government Agencies to regulate
land, water and resource use in accordance with appropriate Provincial and Federal
Statutes, Regulations and Policies.
10.0
Owner's Responsibilities
Every owner shall:
(a)
Prior to any development taking place, obtain a Development Permit;
(b)
After the development application has been approved and the Development Permit
PART II: SECTIONS 9 - 19
GENERAL ADMINISTRATIVE CLAUSES
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 26
issued, obtain the written approval of the Development Officer before starting any
work that is different from the approved documents filed;
(c)
Be responsible for obtaining, where applicable, from the appropriate authorities and
Government Agencies, permits, approvals, or licenses relating to: construction;
building; demolition; grades; waste disposal or water supply systems; storage;
plumbing; signs; blasting; clearing; cutting; excavating; mining; quarrying; the
alteration of the flow or distribution of any waterway or water body; planting; access to
streets roads or highways; occupancy; electrical; and all other approvals, permits or
licenses required in connection with the proposed development, resource use or land
use;
(d)
Recognize that neither the granting of a Development Permit nor the approval of a Site
Plan, nor the approval of a drawing and specifications, nor the inspections made by the
Development Officer shall in any way relieve the owner of the responsibility of
complying with all requirements of this By-law, of any other relevant by-laws of the
Town of Arborg or of any Provincial or Federal Acts, regulations or requirements; and
(e)
Permit the Development Officer or any duly appointed officer to enter any building or
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 or duly
appointed officer in the discharge of his or her duties under this By-law.
11.0
Development Officer
The Board's appointed Development Officer shall, on behalf of the Town of Arborg
administer and enforce this By-law. He may:
(a)
Issue a Development Permit where the development conforms to the Development
Plan, the requirements of this By-law and other provisions of the Act;
(b)
Enter any buildings or premises at all reasonable hours in the performance of his or her
duties with respect to this By-law, and in accordance with the Act;
(c)
Issue Development Permits for the temporary use of buildings, structures or land
pursuant to the provisions of this By-law;
(d)
Issue Zoning Memoranda or Certificates or such other documents necessary for the
administration and enforcement of this By-law;
(e)
Grant or refuse, at his or her discretion, a minor Variation Order not to exceed 10
percent of the requirements of this By-law governing the front, side, rear or other yards
in accordance to the Act; and
PART II: SECTIONS 9 - 19
GENERAL ADMINISTRATIVE CLAUSES
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
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(f)
Receive and administer applications for Amendments, Conditional Uses or Variations
to this By-law on behalf of the Town of Arborg.
12.0
Amendments
An Amendment to this By-law may be initiated by a Resolution of intention by Council or by
application of one or more owners of the property or their agents within the area proposed to
be changed. An application to amend this Zoning By-law and all required information and
fees as determined by Council shall be made to the Development Officer who will present it
to Council, or the application may be made directly to Council. Council and the Development
Officer shall ensure that any Amendments to this Zoning By-law are consistent with the
objectives, policies and Land Use Classification Maps of the Development Plan. Where it is
necessary to amend the Development Plan, said Development Plan amendment shall be
formally enacted prior to third reading of any Amendment to this Zoning By-law. All
Amendments shall be proceeded with only in accordance with the Act.
13.0
Conditional Uses
(1)
Intent
The administration and execution of this By-law is based upon the division of the
Town of Arborg into Zones, within which Zones the use of land, buildings and
structures in relation to the land are substantially compatible. It is recognized, however,
that there are certain uses deemed as "conditional uses" which, because of their
characteristics, cannot properly be classified in any particular Zone without
consideration, in each case, of the impact of those uses upon neighboring land and/or
of the public need for the particular use at the particular location.
(2)
Application
(a)
The application shall be filed with the Development Officer who in turn shall
present the application to Council or it may be made directly to Council, and the
application shall be accompanied by: a Site Plan, if required by the Development
Officer and other data as the Development Officer may prescribe along with all
applicable fees;
(b)
In accordance with of the Act, Council may impose additional conditions beyond
the requirements of this By-law covering for example such items as: hours of'
operation, installation and maintenance of a buffer, architectural design, storage,
fencing, signs, parking, density, landscaping, and other conditions as Council
may, deem necessary; and
(c)
An application for a Conditional Use shall be processed and approved or rejected
in accordance with the provisions of the Act.
PART II: SECTIONS 9 - 19
GENERAL ADMINISTRATIVE CLAUSES
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 28
(3)
Expiry of Approval
The approval of Council in accordance with the provisions of the Act shall expire and
cease to have any effect if it is not acted upon within 12 months of the date approved,
and at the discretion of Council, the approval may be extended for an additional
period of up to 12 months.
(4)
Existing Conditional Use
(a)
Where a legally existing use is listed as a Conditional Use under this By-law, it
shall be considered as a legally existing Conditional Use; and
(b)
Any change to a Conditional Use shall be subject to the provisions of the Act.
14.0
Variations
(1)
Variation Orders Prior to By-law
A Variation Order or special exception granted prior to the coming into force of this
By-law shall, subject to the provisions of the Variation Order or special exception
shall be deemed to be varied under this By-law.
(2)
Application
(a)
Any person may apply for a Variation Order in accordance with the provisions of
the Act; and
(b)
An application for a Variation Order and all required information and fees shall
be made to the Development Officer.
(3)
Minor Variations
The Development Officer may grant or refuse minor Variation Orders pursuant to
the Act.
15.0
Development Agreements
(1)
Agreement with the Town of Arborg
As a condition of amending this By-law, making a variance or approving a
conditional use or conditionally approving a subdivision, Council may require the
developer, agent, owner or the person entitled to be registered as owner of the land or
structure to which the Amendment shall apply to enter into a development agreement
PART II: SECTIONS 9 - 19
GENERAL ADMINISTRATIVE CLAUSES
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 29
with the Town of Arborg with respect to that land as well as contiguous land owned
or leased by the applicant.
(2)
Agreement to Comply with the Act
The provisions of said agreement mentioned in Subsection (1) shall be in accordance
with the Act.
16.0
Subdivision Applications
Subdivision applications shall be proceeded with in accordance with the Act. No
subdivision application shall be approved which is contrary to the Development Plan, this
By-law, provincial land use policies, subdivision regulations, and other regulations and
requirements of the Federal, Provincial and municipal governments.
17.0
Development Permits
Prior to any development taking place, the owner or his agent shall obtain a Development
Permit from the Development Officer, as well as obtain all other necessary permits as may be
required by Council and other Government agencies.
(1)
When Development Permit required
Subject to Subsection (2), an application to the Development Officer for a
Development Permit is required for the following:
(a)
The erection or construction or placement of any building or structure;
(b)
The addition, enlargement, structural alteration or conversion of any building or
structure;
(c)
The relocation or removal or demolition of any building or structure;
(d)
The change of use of land, buildings or structures, except when a change is from
one agricultural activity to another; and
(e)
The establishment or expansion of any Livestock Operation including the
erection, construction or placement, or addition, enlargement or relocation of'
any livestock barns and other livestock buildings and/or manure storage
structures.
(2)
When Development Permit not required
A Development Permit shall not be required for:
PART II: SECTIONS 9 - 19
GENERAL ADMINISTRATIVE CLAUSES
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 30
(a)
fences; free standing and/or ornamental exterior lights; flag poles; private
communications facilities and related structures; and
(b)
any accessory building with a floor area of 120 square feet or less and provided
such building is 15 feet or less in height.
(3)
Application
All applications for a Development Permit shall:
(a)
Be accompanied by a plan, drawn to scale, showing the actual dimensions and
shape of the site to be built upon; the exact size and location on the site of
buildings already existing, if any, and the location and dimensions of the
proposed, building, enlargement or structural alterations; and
(b)
Include such other information as may be required by the Council or Board,
including existing or proposed building or structural alterations; existing or
proposed use of the building and land; the number and location of automobile
parking spaces and loading spaces; the number of families, dwelling units or
rental units the building is designed to accommodate; conditions existing on the
site; current copies of relevant titles, easements, caveats; a surveyor's certificate
prepared by a Manitoba Land Surveyor and such other matters as may be
necessary to determine conformance with and provide for the enforcement of this
By-law.
(4)
Action After Development Permit Approved
After the Development permit has been approved a person may begin work in
accordance with the permit, but no person shall construct, use or occupy any lot or
parcel, building or other structure contrary to any Development Permit or the material
furnished in support of the application without prior approval of the Development
Officer.
18.0
Permits Issued Prior to By-law
Unless otherwise provided for herein, development and building permits issued prior to the
effective date of this By-law shall be considered valid for the purpose of this By-law,
provided all the conditions under which said permits were issued are in compliance.
19.0
Enforcement
The enforcement of this By-law and any offences or penalties charged by Council shall be in
accordance with the provisions of the Act.
PART III: SECTIONS 20 - 23
RESIDENTIAL ZONES
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 31
20.0
Residential Zones
20.1
Purpose
The Residential Zones established in this By-law are intended to provide for various
types of residential uses and other uses generally considered compatible with
residential uses in keeping with the provisions of the Development Plan.
20.2
Residential Zones
The following Residential Zones are hereby established:
(1)
RG:
Residential General Zone
(2)
RM:
Residential Multiple Zone
(3)
RMH:
Residential Mobile Home Zone
20.3
General Provisions
The provisions applying to the Residential Zones are contained within this PART.
Also applying to these zones are the provisions of PART I - "OPERATIVE AND
INTERPRETIVE CLAUSES", PART II - "GENERAL ADMINISTRATIVE
CLAUSES", PART IV - "GENERAL PROVISIONS" and APPENDIX "A" -
ZONING MAP.
20.4
Use Regulations
(1)
Residential General Zone
Sections 21.2 and 21.3 contained within this PART, lists all the uses that are
"permitted" and "conditional" in the RESIDENTIAL GENERAL ZONE.
All listed uses are subject to the provisions contained herein.
(2)
Residential Multiple Zone
Sections 22.2 and 22.3 contained within this PART, lists all the uses that are
"permitted" and "conditional" in the RESIDENTIAL MULTIPLE ZONE.
All listed uses are subject to the provisions contained herein.
PART III: SECTIONS 20 - 23
RESIDENTIAL ZONES
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 32
(3)
Residential Mobile Home Zone
Sections 23.2 and 23.3 contained within this PART, lists all the uses that are
"permitted" and "conditional" in the RESIDENTIAL MOBILE HOME ZONE.
All listed uses are subject to the provisions contained herein.
(4)
Exceptions
No land shall be used or occupied and no building or structure shall be erected,
altered, relocated, used or occupied hereinafter for any use in the Residential
Zone in which such land, building or structure is located other than a use listed
in Sections 21.2 - 21.3, Sections 22.2 - 22.3 and Sections 23.2 - 23.3, with the
exception of uses lawfully established prior to the effective date of this By-law.
(5)
Conditional Use
Any use listed as a "CONDITIONAL USE" in Sections 21.3, 22.3 and 23.3
contained within this PART, shall comply with the provisions as set forth in
Section 13.0 of PART II - "GENERAL ADMINISTRATIVE CLAUSES".
(6)
Accessory Uses, Buildings and Structures
In the Residential Zones, accessory uses, buildings and structures shall include
the following:
(a)
A children's playhouse, garden supply storage house, private greenhouse
and private conservatory;
(b)
A private garage, carport, covered patio, toolhouse, shed and other
similar building;
(c)
Accessory off-street parking area;
(d)
Signs as permitted and regulated in Section 20.7 of this PART;
(e)
Private swimming pool; and
(f)
Dwelling unit accessory to a religious building.
20.5
Site Regulations
The site regulations shall be as set forth in the following sections:
PART III: SECTIONS 20 - 23
RESIDENTIAL ZONES
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 33
(1)
Sections 21.4 - 21.5, Residential General Zone Site Regulations,
(2)
Sections 22.4 - 22.7, Residential Multiple Zone Site Regulations, and
(3)
Sections 23.4 - 23.7, Residential Mobile Home Zone Site Regulations.
20.6
Number of Buildings Permitted Per Site
Not more than one (1) of the following buildings shall be permitted on one (1)
zoning site:
(1)
Single-Family Dwelling
(2)
Two-family Dwelling
(3)
Mobile Home (except in a mobile park)
(4)
Multiple-Family Dwelling (except in a Planned Unit Development)
20.7
Signs
The following signs shall be permitted in the Residential Zones:
(1)
In the case of a single-family or mobile home, there shall not be more than one
(1) lighted or unlighted identification sign, not exceeding two (2) square feet in
area;
(2)
In the case of a two-family dwelling, there shall not be more than one (1)
lighted or unlighted sign, for each dwelling unit, and it shall not exceed two (2)
square feet in area;
(3)
There shall be not more than one (1) lighted or unlighted identification sign not
exceeding twelve (12) square feet in area for each multiple-family building; and
(4)
In the case of any other permitted or conditional use, there shall not be more
than one (1) lighted or unlighted identification sign or bulletin board, not
exceeding (18) square feet in area.
PART III: SECTIONS 20 - 23
RESIDENTIAL ZONES
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 34
20.8
Parking
(1)
Off-street parking spaces shall be provided on the same site as the main
building or use, as follows:
TABLE III - I
PARKING REQUIREMENTS
USE
MINIMUM PARKING SPACES
REQUIRED
One and two-family dwellings and mobile
homes
One (1) space for each dwelling unit
Multiple-family dwellings, boarding and
rooming houses
One and one-quarter (1.25) spaces
(rounded to the nearest whole
number) for each dwelling unit
Religious buildings
One (1) space for each ten (10)
seats provided
All other permitted or conditional uses
One (1) space for each employee
PART III: SECTIONS 20 - 23
RESIDENTIAL ZONES
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 35
21.0
RG:
Residential General Zone
21.1
General Purpose
The "RG" Residential General Zone is intended to provide for the establishment of single-family detached dwellings
and may also include two-family dwellings.
21.2
Permitted Uses
1)
Accessory Use, Building and Structure
4)
Institutional Facility for 4 or fewer
2)
Single-Family Dwelling
persons under care
3)
Parks, Playgrounds, Tot Lots and similar uses
21.3
Conditional Uses
1)
Bed & Breakfast
7)
Institutional Facility for 5 or more
2)
Convenience Store
persons under care
3)
Garden Suite
8)
Religious Facility
4)
Guest House
9)
Secondary Suite
5)
Home-Based Business
10)
Two-Family Dwelling
6)
Home Day Care
11)
Tea Rooms and Gift Shop
21.4
Site Regulations
Permitted and Conditional Uses
1)
Site Area
min. 6,000 sq. ft.
2)
Site Width
min. 60 ft.
3)
Front Yard
min. 25 ft.
4)
Side Yard
min. 5 ft.
5)
Corner Side Yard min. 10 ft.
6)
Rear Yard
min. 25 ft.
7)
Building Height max. 35 ft.
8)
Site Coverage
max. 50 %
9)
Unit Area
min. 800 sq. ft.
21.5
Site Regulations
Accessory Uses and Buildings
1)
Site Area
N/A
2)
Site Width
N/A
3)
Front Yard
min. 25 ft.
4)
Side Yard
min. 2 ft.
5)
Corner Side Yard min. 10 ft.
6)
Rear Yard
min. 2 ft.
7)
Building Height max. 20 ft.
8)
Site Coverage
max. 10 %
9)
Unit Area
max. 1,000 sq. ft.
21.6
Additional Regulations for Permitted and Conditional Uses
(1)
A Bed and Breakfast shall be developed in accordance with Section 61.0 of this By-law.
(2)
A Garden Suite shall be developed in accordance with Section 64.0 of this By-law.
(3)
A Guest House shall be developed in accordance with Section 63.0 of this By-law.
(4)
A Home-Based Business shall be developed in accordance with Section 60.0 of this By-law.
(5)
A Home Day Care shall be developed in accordance with section 62.0 of this By-law.
(6)
A Secondary Suite shall be developed in accordance with section 65.0 of this By-law.
PART III: SECTIONS 20 - 23
RESIDENTIAL ZONES
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 36
22.0
RM: Residential Multiple Zone
22.1
General Purpose
The "RM" Residential Multiple Zone is intended to provide for the development of multiple-family housing
including lotted and unlotted town or row type dwellings, apartments, garden apartments, triplexes, fourplexes and
the like.
22.2
Permitted Uses
1)
Accessory Use, Building and Structure Parks,
5)
Multiple-family dwelling including lotted and
2)
Boarding or Rooming Houses
unlotted town or row type dwellings, apartments,
3)
Institutional Facility 4 or fewer
garden apartments, triplexes, fourplexes
Persons under care
and the like
4)
Institutional Facility for 5 or more
6)
Parks, Playgrounds, Tot Lots and similar uses
Persons under care
7)
Two-Family Dwelling
22.3
Conditional Uses
1)
Convenience Store
5)
Home Day Care
2)
Garden Suite
6)
Planned Unit Development
3)
Guest House
7)
Religious Facility
4)
Home-Based Business
22.4
Site Regulations
Two-Family Dwelling
1)
Site Area
min. 6,600 sq. ft.
2)
Site Width
min. 60 ft.
3)
Front Yard
min. 25 ft.
4)
Side Yard
min. 5 ft.
5)
Corner Side Yard min. 10 ft.
6)
Rear Yard
min. 25 ft.
7)
Building Height max. 35 ft.
8)
Site Coverage
max. 50 %
22.5
Site Regulations
Multiple-Family Dwelling
1)
Site Area
See Section 22.9 (1) below.
2)
Site Width
See section 22.9 (2) below.
3)
Front Yard
min. 15 ft.
4)
Side Yard
min. 15 ft.
5)
Corner Side Yard min. 10 ft.
6)
Rear Yard
min. 25 ft.
7)
Building Height see Section 22.9 (3) below.
8)
Site Coverage
max. 50 %
22.6
Site Regulations - Other
Permitted and Conditional Uses
1)
Site Area
min. 10,000 sq. ft.
2)
Site Width
min. 100 ft.
3)
Front Yard
min. 25 ft.
4)
Side Yard
min. 15 ft.
5)
Corner Side Yard min. 20 ft.
6)
Rear Yard
min. 25 ft.
7)
Building Height max. 35 ft.
22.7
Site Regulations
Accessory Uses and Buildings
1)
Site Area
N/A
2)
Site Width
N/A
3)
Front Yard
min. 25 ft.
4)
Side Yard
min. 2 ft.
5)
Corner Side Yard min. 10 ft.
6)
Rear Yard
min. 2 ft.
7)
Building Height max. 20 ft.
PART III: SECTIONS 20 - 23
RESIDENTIAL ZONES
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 37
22.8
Additional Regulations for Permitted and Conditional Uses
(1)
A Garden Suite shall be developed in accordance with Section 64.0 of this By-law.
(2)
A Guest House shall be developed in accordance with Section 63.0 of this By-law.
(3)
A Home-Based Business shall be developed in accordance with Section 60.0 of this By-law.
(4)
A Home Day Care shall be developed in accordance with section 62.0 of this By-law.
(5)
A Planned Unit Development shall be developed in accordance with section 42.0 of this By-law.
22.9
Explanation and Exceptions to Residential Site Regulation Requirements in Section 22.5 are as
follows:
(1)
Minimum site area for multiple-family dwellings (this includes 3 storey apartments, garden apartments, town
or row type housing and planned unit developments) shall be computed as follows: 10,000 sq. ft. for the first
4 dwelling units plus 1,000 sq. ft. for each additional dwelling unit thereafter.
(2)
Minimum site width for 3 storey apartments and garden apartments shall be 70 ft. Minimum site width for
town or row type housing shall be 20 ft. per dwelling unit. The minimum site width for a planned unit
development shall be determined by Council.
(3)
The maximum building height for garden apartments shall be 45 ft. or three (3) storeys high, whichever is
lesser, and 35 ft. for town or row type housing. The maximum height for a planned unit development shall be
determined by Council.
PART III: SECTIONS 20 - 23
RESIDENTIAL ZONES
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 38
23.0
RMH: Residential Mobile Home Zone
23.1
General Purpose
The "RMH" Residential Mobile Home Zone is intended to provide areas for single-family mobile homes on
individual sites which may be individually owned or within a mobile home park where the spaces are leased.
23.2
Permitted Uses
1)
Accessory Use, Building and Structure Parks,
3)
Mobile Homes, Mobile Home Parks or Subdivisions
2)
Institutional Facility 4 or fewer
4)
Parks, Playgrounds, Tot Lots and similar uses
persons under care
23.3
Conditional Uses
1)
Convenience Store
4)
Institutional Facility 5 or more
2)
Home-Based Business
persons under care
3)
Home Day Care
5)
Religious Facility
23.4
Site Regulations
Mobile Home
1)
Site Area
min. 5,000 sq. ft.
2)
Site Width
min. 50 ft.
3)
Front Yard
min. 15 ft.
4)
Side Yard
min. 5 ft.
5)
Corner Side Yard min. 10 ft.
6)
Rear Yard
min. 15 ft.
23.5
Site Regulations
Mobile Home Park
1)
Site Area
40,000 sq. ft.
2)
Site Width
200 ft.
3)
Front Yard
min. 25 ft.
4)
Side Yard
min. 25 ft.
5)
Corner Side Yard min. 30 ft.
6)
Rear Yard
min. 25 ft.
23.6
Site Regulations - Other
Permitted and Conditional Uses
1)
Site Area
min. 10,000 sq. ft.
2)
Site Width
min. 100 ft.
3)
Front Yard
min. 30 ft.
4)
Side Yard
min. 15 ft.
5)
Corner Side Yard min. 20 ft.
6)
Rear Yard
min. 25 ft.
7)
Building Height max. 35 ft.
23.7
Site Regulations
Accessory Uses and Buildings
1)
Site Area
N/A
2)
Site Width
N/A
3)
Front Yard
min. 30 ft.
4)
Side Yard
min. 2 ft.
5)
Corner Side Yard min. 10 ft.
6)
Rear Yard
min. 2 ft.
7)
Building Height max. 15 ft.
23.8
Additional Regulations for Permitted and Conditional Uses
(1)
A Home-Based Business shall be developed in accordance with Section 60.0 of this By-law.
(2)
A Home Day Care shall be developed in accordance with section 62.0 of this By-law.
PART III: SECTIONS 24 - 26
COMMERCIAL ZONES
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 39
24.0
Commercial Zones
24.1
Purpose
The Commercial Zones established in this By-law are intended to provide sufficient
land in suitable locations to meet the needs of commercial development in the Town
in keeping with the provisions of the Development Plan.
24.2
Commercial Zones
The following Commercial Zones are hereby established:
(1)
CC:
Commercial Central Zone
(2)
CH:
Commercial Highway Zone
24.3
Central Provisions
The provisions applying to the Commercial Zones are contained within this PART.
Also applying to these zones are the provisions of PART I - "OPERATIVE AND
INTERPRETIVE CLAUSES", PART II - "GENERAL ADMINISTRATIVE
CLAUSES", PART IV - "GENERAL PROVISIONS" and APPENDIX "A" -
ZONING MAP.
24.4
Use Regulations
(1)
Commercial Central Zone
Sections 25.2 and 25.3 contained within this PART, lists all the uses that are
"permitted" and "conditional" in the COMMERCIAL CENTRAL ZONE.
All listed uses are subject to the provisions contained herein.
(2)
Commercial Highway Zone
Sections 26.2 and 26.3 contained within this PART, lists all the uses that are
"permitted" and "conditional" in the COMMERCIAL HIGHWAY ZONE.
All listed uses are subject to the provisions contained herein.
(3)
Exceptions
No land shall be used or occupied and no building or structure shall be erected,
altered, relocated, used or occupied hereinafter for any use in the Commercial
PART III: SECTIONS 24 - 26
COMMERCIAL ZONES
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 40
Zone in which such land, building or structure is located other than a use listed
in Sections 25.2 - 25.3, and Sections 26.2 - 26.3 with the exception of uses
lawfully established prior to the effective date of this By-law.
(4)
Conditional Use
Any use listed as a "CONDITIONAL USE" in Sections 25.3 and 26.3
contained within this PART, shall comply with the provisions as set forth in
Section 13.0 of PART II - "GENTRAL ADMINISTRATIVE CLAUSES".
(5)
Accessory Uses, Buildings and Structures
In the Commercial Zones, accessory uses, buildings and structures shall include
the following:
(a)
A garage, shed, or building, for storage incidental to a permitted or
conditional use;
(b)
Incinerators subject to provincial and federal regulations, and which
shall be incidental to the permitted or conditional use;
(c)
The production, processing, cleaning, servicing, altering, testing, repair
or storage of merchandise normally incidental to a business and personal
service and mercantile occupancies if conducted by the same ownership
as the principal use;
(d)
Accessory off-street parking and loading spaces as regulated in Section
24.7 of this PART; and
(e)
Signs as permitted and regulated in Section 24.6 of this PART.
24.5
Site Regulations
The site regulations shall be as set forth in the following sections:
(1)
Sections 25.4 - 25.6, Commercial Central Zone Site Regulations, and
(2)
Sections 26.4 - 26.6, Commercial Highway Zone Site Regulations.
24.6
Signs
The following signs shall be permitted and regulated in the Commercial Zones as
follows:
PART III: SECTIONS 24 - 26
COMMERCIAL ZONES
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 41
(1)
Identification and business signs, total sign surface are not to exceed 20% of
the area of the building face, or thirty-two (32) square feet in the case of a
freestanding sign shall be permitted for any permitted and conditional use in the
Commercial zones;
(2)
Bulletin boards not greater than thirty-two (32) square feet in sign surface are
and not located closer than ten (10) feet to any site line where a yard is
required; and
(3)
Any identification or business sign permitted above may be attached to the face
or roof of a building or structure or it may be a free-standing sign.
24.7
Parking and Loading
(1)
Off-street parking spaces for commercial uses with buildings of 1,200 square
feet or more shall be provided on the same site as the main building or use, as
follows:
TABLE III - II
PARKING REQUIREMENTS
USE
MINIMUM PARKING SPACES
REQUIRED
Retail Store, Services or Office
One (1) space for each 400 sq. ft.
floor are used for retail, service or
office purposes
Wholesale Establishment, including a
Warehouse
One (1) space for each three (3)
employees
Restaurants
One (1) space for each hundred
(100) sq. ft. of floor area
Hotel, Motel, Motor Hotel
One (1) space for each guest room
plus parking spaces for restaurant,
office, gift shop as required above
Dwelling Units
One (1) space for each dwelling
unit
Religious Buildings
One (1) space for each ten (10)
seats provided
Recreation Facility
One (1) space for each five (5)
seats provided.
PART III: SECTIONS 24 - 26
COMMERCIAL ZONES
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 42
(2)
Off-street loading or unloading spaces each thirty (30) feet long, twelve (12)
feet wide and fourteen (14) feet vertical clearance, having access to a lane or
street, shall be provided on the same site as the main building or use but not in
the required front yard and according to the floor area of the building or
structure or area of open air storage as follows:
TABLE III - III
LOADING SPACE REQUIREMENTS
Floor Area of Building or Area of
Open Air Storage (sq. ft)
Number of Spaces
Up to and including 15,000 sq. ft.
One (1) loading space
15,001 to 40,000
Two (2) loading space
PART III: SECTIONS 24 - 26
COMMERCIAL ZONES
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 43
25.0
CC:
Commercial Central Zone
25.1
General Purpose
The "CC" Commercial Central Zone is intended to provide for appropriate land in the central business area for
development of intensive retail, business, service and administrative uses.
25.2
Permitted Uses
1)
Accessory use, Building and Structure
9)
Place of Entertainment
2)
Contract's Establishment - without outdoor storage
10)
Public Buildings
3)
Gas Bar
11)
Recreational Facility
4)
Hotel, Motel or Motor Hotel
12)
Religious Facility
5)
Liquor Licensed Establishment
13)
Residences: Apartment or Suites to the rear half of
6)
Lumber Yard and Building Supply Establishments
the First Floor/on the Second Floor
without outdoor storage
14)
Restaurant, including Drive Through/In Restaurant
7)
Outdoor Market
15)
Retail Store, Service or Office
8)
Public Parking Area
16)
Shopping Centre or Mall
25.3
Conditional Uses
1)
Agricultural implement sales and services
8)
Planned Unit Development
2)
Autobody Repair Shop
9)
Residences: Multiple-family residential buildings
3)
Automobile Sales or Storage Area
10)
Residences: Apartment or Suites above
4)
Contractor's Establishment - with outdoor storage
the Second Floor
5)
Heavy Equipment Sales or Storage Area
11)
Service Station
6)
Lumber Yard and Building Supply Establishments
12)
Wholesale Establishment, including a Warehouse
7)
Manufacturing - Light
25.4
Site Regulations
Automobile Service Stations
1)
Site Area
min. 12,000 sq. ft.
2)
Site Width
min. 100 ft.
3)
Front Yard
min. 25 ft.
4)
Side Yard
min. 25 ft.
5)
Corner Side
min. 25 ft.
6)
Rear Yard
min. 25 ft.
7)
Building Height max. 30 ft.
25.5
Site Regulations - Other
Permitted or Conditional Uses
1)
Site Area
min. 2,500 sq. ft.
2)
Site Width
min. 25 ft.
3)
Front Yard
min. 0 ft.
4)
Side Yard
min. 0 ft.
5)
Corner Side
min. 15 ft
6)
Rear Yard
min. 20 ft
7)
Building Height max. 45 ft.
25.6
Site Regulations
Accessory Uses and Buildings
1)
Site Area
N/A
5)
Corner Side
same as principal use
2)
Site Width
N/A
6)
Rear Yard
min. 10 ft
3)
Front Yard
same as principal use
7)
Building Height same as principal use
4)
Side Yard
same as principal use
PART III: SECTIONS 24 - 26
COMMERCIAL ZONES
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 44
25.7
Additional Regulations for Permitted and Conditional Uses
(1)
A Planned Unit Development shall be developed in accordance with Section 42.0 of this By-law.
25.8
Explanation and Exceptions to Commercial Site Regulations
(1)
Yard and height requirements apply only to buildings and structures, and outdoor storage of machinery,
equipment or materials;
(2)
Buildings, structures and hedges adjacent to provincial roads, major provincial highways and centers of
intersection of same shall have a setback in accordance with the Highway Protection Act;
(3)
In the case of a corner site, there shall be a minimum side yard of fifteen (15) feet, on the street side of the
corner site or as specified herein, whichever is greater;
(4)
The minimum separation between a detached accessory building and a main building shall be ten (10) feet,
clear of all projections;
(5)
Where a side site line in a Commercial zone abuts a rear or side site line in an adjacent Residential zone, a
side yard of 10 feet shall be provided in the Commercial zone along the said side site line. Such a side yard
shall not be used for accessory off-street parking and loading, storage of refuse, materials or processing of
any kind, except where a solid fence 6 feet high is provided and maintained along the site line abutting the
residential zone boundary;
(6)
Where a rear site line in a Commercial zone abuts a side or rear site line in an adjacent Residential zone, a
rear yard of 25 feet in depth shall be provided along the rear site line. Such a rear yard shall not be used for
accessory off-street loading, storage of refuse, materials, or processing of any kind, except where a solid
fence 6 feet high is provided and maintained along the site line abutting the Residential zone boundary; and
(7)
The minimum front and side yard requirements for accessory buildings and structures shall be the same as
the minimum front and side yard requirements for the principal buildings and structures of the site, unless
otherwise provided for herein. In case of fuel pumps for a service station, the minimum front and side yard
requirement shall be 15 feet.
PART III: SECTIONS 24 - 26
COMMERCIAL ZONES
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 45
26.0
CH:
Commercial Highway Zone
26.1
General Purpose
The "CH" Commercial Highway Zone is intended to provide for appropriate land for those businesses requiring
large sites, and/or serving the motoring public and requiring direct access to a highway.
26.2
Permitted Uses
1)
Accessory use, Building and Structure
12)
Public Parking Areas
2)
Agricultural implement sales and services
13)
Place of Entertainment
3)
Auto Body Repair Shop
14)
Public Facility
4)
Automobile Sales or Storage Area
15)
Recreational Facility
5)
Contractor's Establishment - without outdoor storage
16)
Religious Facility
6)
Gas Bar
17)
Restaurant, including Drive Through/In Restaurant
7)
Heavy Equipment Sales and Storage
18)
Retail Store, Service or Office
8)
Hotel, Motel or Motor Hotel
19)
Service Station
9)
Liquor Licensed Establishment
20)
Shopping Centre or Mall
10)
Lumber Yard and Building Supply Establishments
21)
Truck Terminal
without outdoor storage
22)
Wholesale Establishment, including a Warehouse
11)
Outdoor Market
26.3
Conditional Uses
1)
Bulk Oil or Chemical Storage Area
5)
Residences: Apartment or Suites - conversion of
2)
Contract's Establishment - with outdoor storage
existing motels to allow for long-term stays
3)
Lumber Yard and Building Supply Establishments
6)
Veterinary Clinic, Exterminators, Kennel or
with outdoor storage
Animal Pound, or Taxidermist
4)
Planned Unit Development
26.4
Site Regulations
Automobile Service Stations
1)
Site Area
min. 20,000 sq. ft.
2)
Site Width
min. 100 ft.
3)
Front Yard
min. 45 ft.
4)
Side Yard
min. 25 ft.
5)
Corner Side
min. 25 ft.
6)
Rear Yard
min. 25 ft.
7)
Building Height max. 30 ft.
26.5
Site Regulations - Other
Permitted or Conditional Uses
1)
Site Area
min. 20,000 sq. ft.
2)
Site Width
min. 100 ft.
3)
Front Yard
min. 45 ft.
4)
Side Yard
min. 25 ft.
5)
Corner Side
min. 25 ft
6)
Rear Yard
min. 25 ft
7)
Building Height max. 30 ft.
26.6
Site Regulations
Accessory Uses and Buildings
1)
Site Area
N/A
5)
Corner Side
same as principal use
2)
Site Width
N/A
6)
Rear Yard
min. 10 ft
3)
Front Yard
same as principal use
7)
Building Height same as principal use
4)
Side Yard
same as principal use
PART III: SECTIONS 24 - 26
COMMERCIAL ZONES
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 46
26.7
Additional Regulations for Permitted and Conditional Uses
(1)
A Planned Unit Development shall be developed in accordance with Section 42.0 of this By-law.
26.8
Explanation and Exceptions to Commercial Site Regulations
(1)
Yard and height requirements apply only to buildings and structures, and outdoor storage of machinery,
equipment or materials;
(2)
Buildings, structures and hedges adjacent to provincial roads, major provincial highways and centers of
intersection of same shall have a setback in accordance with the Highway Protection Act;
(3)
In the case of a corner site, there shall be a minimum side yard of fifteen (15) feet, on the street side of the
corner site or as specified herein, whichever is greater;
(4)
The minimum separation between a detached accessory building and a main building shall be ten (10) feet,
clear of all projections;
(5)
Where a side site line in a Commercial zone abuts a rear or side site line in an adjacent Residential zone, a
side yard of 10 feet shall be provided in the Commercial zone along the said side site line. Such a side yard
shall not be used for accessory off-street parking and loading, storage of refuse, materials or processing of
any kind, except where a solid fence 6 feet high is provided and maintained along the site line abutting the
residential zone boundary;
(6)
Where a rear site line in a Commercial zone abuts a side or rear site line in an adjacent Residential zone, a
rear yard of 25 feet in depth shall be provided along the rear site line. Such a rear yard shall not be used for
accessory off-street loading, storage of refuse, materials, or processing of any kind, except where a solid
fence 6 feet high is provided and maintained along the site line abutting the Residential zone boundary; and
(7)
The minimum front and side yard requirements for accessory buildings and structures shall be the same as
the minimum front and side yard requirements for the principal buildings and structures of the site, unless
otherwise provided for herein. In case of fuel pumps for a service station, the minimum front and side yard
requirement shall be 15 feet.
PART III: SECTIONS 27 - 28
INDUSTRIAL ZONES
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 47
27.0
Industrial Zones
27.1
Purpose
The Industrial Zones established in this By-law are intended to provide sufficient
land in suitable locations to meet the needs of industrial development in the Town in
keeping with the provisions of the Development Plan.
27.2
Industrial Zones
The following Industrial Zones are hereby established:
(1)
MG:
Industrial General Zone
27.3
General Provisions
The provisions applying to the Industrial Zones are contained within this PART. Also
applying to these zones are the provisions of PART I - "OPERATIVE AND
INTERPRETIVE CLAUSES", PART II - "GENERAL ADMINISTRATIVE
CLAUSES", PART IV - "GENERAL PROVISIONS" and APPENDIX "A" -
ZONING MAP.
27.4
Use Regulations
(1)
Industrial General Zone
Sections 28.2 and 28.3 contained within this PART, lists all the uses that are
"permitted" and "conditional" in the INDUSTRIAL GENERAL ZONE.
All listed uses are subject to the provisions contained herein.
(2)
Exceptions
No land shall be used or occupied and no building or structure shall be erected,
altered, relocated, used or occupied hereinafter for any use in the Industrial
Zone in which such land, building or structure is located other than a use listed
in Sections 28.2 - 28.3, with the exception of uses lawfully established prior to
the effective date of this By-law.
(3)
Conditional Use
Any use listed as a "CONDITIONAL USE" in Sections 28.3 contained within
this PART, shall comply with the provisions as set forth in Section 13.0 of
PART II - "GENERAL ADMINISTRATIVE CLAUSES".
PART III: SECTIONS 27 - 28
INDUSTRIAL ZONES
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 48
(4)
Accessory Uses, Buildings and Structures
In the Industrial Zones, accessory uses, buildings and structures shall include
the following:
(a)
A garage, shed, or building, for storage incidental to a permitted or
conditional use;
(b)
Incinerators subject to provincial and federal regulations, and which
shall be incidental to the permitted or conditional use;
(c)
Storage of goods used in or produced by manufacturing activities on the
same zoning site with such activities unless such storage is excluded by
the zone regulations;
(d)
The production, processing, cleaning, servicing, altering, testing, repair
or storage of merchandise normally incidental to an industrial or
manufacturing activity if conducted by the same ownership as the
principal use;
(e)
A dwelling unit or sleeping accommodation for a watchman or caretaker
and his family, if, in Council's opinion, it is demonstrated that his
presence on the same zoning site as the principal use is essential and
necessary;
(f)
Accessory off-street parking and loading spaces as regulated in Section
27.7 of this PART;
(g)
Signs as permitted and regulated in Section 27.6 of this PART; and
(h)
Offices, business or professional, which are incidental and accessory to a
permitted or conditional use.
27.5
Site Regulations
The site regulations shall be as set forth in the following sections:
(1)
Sections 28.4 - 28.5, Industrial General Zone Site Regulations.
PART III: SECTIONS 27 - 28
INDUSTRIAL ZONES
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 49
27.6
Signs
The following signs shall be permitted in the Industrial Zones:
(1)
One lighted or unlighted business or identification sign not exceeding a total
sign surface area of one hundred (100) square feet, for any building or use
permitted in this zone; and
(2)
Any identification or business sign permitted above may be attached to the face
or roof of a building or structure or it may be a free-standing sign. However,
there shall be no overhanging encroachment onto the adjoining sidewalk or
street.
27.7
Parking and Loading
(1)
Off-street parking spaces, a minimum size of 10 x 20 feet, shall be provided on
the same site as the main building or use, as follows:
TABLE III - IV
PARKING REQUIREMENTS
USE
MINIMUM PARKING SPACES
REQUIRED
Industrial or manufacturing
One (1) space for each five hundred
(500) sq. ft. of floor area
Wholesale establishments, warehouse
One (1) space for each one thousand
(1,000) sq. ft. of floor area
Restaurants
One (1) space for each one hundred
(100) sq. ft. of floor area
Retail store, service or office
One (1) space for each five hundred
(500) sq. ft. of floor area
Other uses
To be determined by Council
(2)
Off-street loading or unloading spaces each thirty (30) feet long, twelve (12)
feet wide and fourteen (14) feet vertical clearance, having access to a lane or
street, shall be provided on the same site as the main building or use but not in
the required front yard in accordance with the following table:
PART III: SECTIONS 27 - 28
INDUSTRIAL ZONES
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 50
TABLE III - V
LOADING SPACE REQUIREMENTS
Floor area of Building or Area of open
air storage (sq. ft.)
NUMBER OF SPACES
Up to and including 15, 000 sq. ft.
One (1) loading space
15, 001 - 40, 000 sq. ft.
Two (2) loading spaces
PART III: SECTIONS 27 - 28
INDUSTRIAL ZONES
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 51
28.0
MG: Industrial General Zone
28.1
General Purpose
The "MG" Industrial General Zone is intended to provide for light manufacturing, processing, distribution,
transportation, and warehouse uses that create no nuisances. Certain heavy industrial uses may be listed as
"conditional" uses.
28.2
Permitted Uses
1)
Accessory Use, Building and Structure
10)
Outdoor Market
2)
Agricultural Implement Sales and Service
11)
Manufacturing (Light)
3)
Agricultural Support Industry
12)
Restaurant, including Drive Through/In Restaurant
4)
Autobody Repair Shop
13)
Service Station
5)
Automobile Sales or Storage
14)
Truck Terminal
6)
Contractor's Establishment
15)
Veterinary Clinic, Exterminators, Kennel or Animal
7)
Gas Bar
Pound, or Taxidermist
8)
Heavy Equipment Sales or Storage Area
16)
Wholesale Establishment, including a Warehouse
9)
Lumber Yard
28.3
Conditional Uses
1)
Automobile Wrecking or, Junk or Scrap Yard
5)
Recreational Facility
2)
Bulk Oil or Chemical Storage Area
6)
Retail Store, Service or Office
3)
Manufacturing (Heavy)
7)
Storage, outdoors when the main use on the lot
4)
Planned Unit Development
28.4
Site Regulations
Permitted and Conditional Uses
1)
Site Area
min. 5,000 sq. ft.
2)
Site Width
min. 50 ft.
3)
Front Yard
min. 20 ft.
4)
Side Yard
min. 10 ft.
5)
Corner Side
min. 15 ft.
6)
Rear Yard
min. 10 ft.
7)
Building Height max. 45 ft.
28.5
Site Regulations
Accessory Uses and Buildings
1)
Site Area
N/A
2)
Site Width
N/A
3)
Front Yard
min. 20 ft.
4)
Side Yard
min. 10 ft.
5)
Corner Side
min. 15 ft
6)
Rear Yard
min. 10 ft
7)
Building Height max. 45 ft.
28.6
Additional Regulations for Permitted and Conditional Uses
(1)
A Planned Unit Development shall be developed in accordance with Section 42.0 of this By-law.
28.7
Explanation and Exceptions to Industrial Site Regulations
(1)
Yard and height requirements apply only to buildings and structures, and outdoor storage of machinery,
equipment or materials; and
(2)
Buildings, structures and hedges adjacent to provincial roads, major provincial highways and centers of
intersection of same shall have a setback in accordance with the Highway Protection Act.
PART III: SECTIONS 29 - 30
OPEN SPACE/RECREATIONAL ZONE
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 52
29.0
Open Space/Recreational Zone
29.1
Purpose
The Open Space/Recreational Zone established in this By-law is intended to provide
sufficient land in suitable locations to accommodate educational, institutional,
recreational and open space uses in keeping with the provisions of the Development
Plan.
29.2
Open Space/Recreational Zone
The following Open Space/Recreational Zone is hereby established:
(1)
OR:
Open Space/Recreational Zone
29.3
General Provisions
The provisions applying to the Open Space/Recreational Zone are contained within
this PART. Also applying to these zones are the provisions of PART I -
"OPERATIVE AND INTERAPTIVE CLAUSES", PART II - "GENERAL
ADMINISTRATIVE CLAUSES", PART IV - "GENERAL PROVISIONS" and
APPENDIX "A" - ZONING MAP.
29.4
Use Regulations
(1)
Open Space/Recreational Zone
Sections 30.2 and 30.3 contained within this PART, lists all the uses that are
"permitted" and "conditional" in the OPEN SPACE/RECREATIONAL ZONE.
All listed uses are subject to the provisions contained herein.
(2)
Exceptions
No land shall be used or occupied and no building or structure shall be erected,
altered, relocated, used or occupied hereinafter for any use in the Open
Space/Recreational Zone in which such land building or structure is located
other than a use listed in Sections 30.2 - 30.3 with the exceptions of uses
lawfully established prior to the effective date of this By-law.
(3)
Conditional Use
Any use listed as a "CONDITIONAL USE" in Sections 30.3 shall comply with
the provisions as set forth in Section 13.0 of PART II - "GENERAL
PART III: SECTIONS 29 - 30
OPEN SPACE/RECREATIONAL ZONE
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 53
ADMINISTRATIVE CLAUSES".
(4)
Accessory Uses, Buildings and Structures
In the Open Space/Recreational Zone accessory uses, buildings, or structures
shall include the following:
(a)
Buildings or structures for the operation, maintenance, and
administration of a permitted or conditional use;
(b)
Food or refreshment services or stands in conjunction with a permitted
or conditional use;
(c)
Staff dwelling, to include only a single-family dwelling or two-family
dwelling when on the same site with a permitted or conditional use
where, in the opinion of Council; said dwelling is essential for the
maintenance, operation and care of the use;
(d)
Accessory of street parking and loading areas; and
(e)
Signs as permitted and regulated in Section 29.6 of this PART.
29.5
Site Regulations
The site regulations shall be as set forth in the following sections:
(1)
Sections 30.4 - 30.5, Open Space/Recreational Zone Site Regulations.
29.6
Signs
The following signs shall be permitted in the Open Space/ Recreational Zone:
(1)
No more than one (1) lighted identification sign, not exceeding thirty two 92)
square feet in sign surface area and having a maximum height of thirty (3) feet
shall be permitted for any building or use permitted in the Open
Space/recreational Zone; and
(2)
Bulletin boards not greater than thirty-two (32) square feet in sign surface area
and located not closer than ten (10) feet to any site line where a yard is
required.
PART III: SECTIONS 29 - 30
OPEN SPACE/RECREATIONAL ZONE
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 54
29.7
Parking
(1)
Off-street parking spaces a minimum size of 10 x 20 feet shall be provided on
the same site as the main building or use, as follows:
TABLE III - VI
PARKING REQUIREMENTS
USE
MINIMUM PARKING SPACES
REQUIRED
Dwellings
One (1) space for each dwelling unit
Athletic, Sports and Recreational Area,
Recreational Facility, Religious Buildings
One (1) space for each five (5) seats
provided
Institutional Facility and other permitted
or conditional uses
One (1) space for each employee
PART III: SECTIONS 29 - 30
OPEN SPACE/RECREATIONAL ZONE
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 55
30.0
OR:
Open Space/Recreational Zone
30.1
General Purpose
The "OR" Open Space/Recreational Zone is intended to provide sufficient land in suitable locations to accommodate
educational, institutional, recreational and open space uses in keeping with the provisions of the Development Plan.
30.2
Permitted Uses
1)
Accessory Use, Building and Structure
7)
Institutional Facility
2)
Amusement Park
8)
Parks, Playgrounds and Similar Uses
3)
Athletic, Sports and Recreation Area
9)
Public Buildings
4)
Cemetery
10)
Public Parking Area
5)
Communication Facility
11)
Recreational Facility
6)
Golf Courses
12)
Religious Facility
30.3
Conditional Uses
1)
Campground, Travel Trailer Park or Summer Camp
3)
Restaurant
2)
Marina
30.4
Site Regulations
Permitted and Conditional Uses
1)
Site Area
min. 10,000 sq. ft.
2)
Site Width
min. 100 ft.
3)
Front Yard
min. 30 ft.
4)
Side Yard
min. 15 ft.
5)
Corner Side
min. 20 ft.
6)
Rear Yard
min. 25 ft.
7)
Building Height max. 35 ft.
30.5
Site Regulations
Accessory Uses and Buildings
1)
Site Area
N/A
2)
Site Width
N/A
3)
Front Yard
min. 30 ft.
4)
Side Yard
min. 15 ft.
5)
Corner Side
min. 25 ft
6)
Rear Yard
min. 10 ft
7)
Building Height max. 20 ft.
30.6
Explanation and Exceptions to Commercial Site Regulations
(1)
Yard and height requirements apply only to buildings and structures, and outdoor storage of machinery,
equipment or materials;
(2)
Buildings, structures and hedges adjacent to provincial roads, major provincial highways and centers of
intersection of same shall have a setback in accordance with the Highway Protection Act; and
(3)
The minimum separation between a detached accessory building and a main building shall be ten (10) feet.
Clear of all projections
PART IV: SECTIONS 31 - 67
GENERAL PROVISIONS
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 56
31.0
Regulations
The following regulations shall apply to all zones except wherein otherwise noted.
32.0
Conformance and Permits Required
No building or structure shall be erected, reconstructed, structurally altered, enlarged,
relocated or moved, nor shall any building, structure or land be used for any use other
than is permitted in the zone in which such building, structure or land is located and then
only after applying for and securing all development permits, building permits, other
permits and licenses required by all laws and by-laws in effect within the Town.
33.0
Buildings Under Construction
Any building or structure or portion thereof for which a necessary permit has been issued
but which has not been completed or is not in full operation at the date when this zoning
by-law becomes effective, and which is not designed for a use permitted in the zone in
which it is located or is proposed to be located, may be completed and operated for the
non-conforming use for which it was designed if it comes into full operation within one
year of the said date and shall, together with the site on which the same is situated and the
use to which the same and the said site are put, be subject to all the provisions of the
Planning Act.
34.0
Temporary Buildings, Structures and Uses
A construction camp or other such temporary work camp and/or other temporary
buildings and structures used for the storage of construction materials or equipment, both
incidental and necessary to development on the same zoning site may be permitted on a
temporary basis subject to the issuance of a development permit under the following
conditions:
(1)
Temporary tarp structures to be located in the rear yard only;
(2)
A development permit for a temporary building, structure or use shall be subject to
such terms and conditions as required by Council or the Development Officer; and
(3)
Each development permit issued for a temporary building, structure or use shall be
valid for a period of not more than twelve (12) months and may not be renewed for
more than two (2) successive periods at the same location.
35.0
Accessory Buildings, Structures and Uses
(1)
Where this By-law provides that any premises may be used or a building or
structure may be erected or used for a purpose, the purpose includes any building or
use accessory thereof.
PART IV: SECTIONS 31 - 67
GENERAL PROVISIONS
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Page 57
(2)
Accessory buildings and structures, except as otherwise permitted in the By-law,
shall be subject to the following regulations:
(a)
Where the accessory building or structure is structurally attached to a main
building or structure, it shall be subject to, and must conform to, all
regulations of this By-law applicable to the main building or structure;
(b)
Detached accessory buildings or structures shall not be erected in a required
front yard;
(c)
Except as otherwise provided, no detached accessory building or structure
shall be located closer than six (6) feet to any main building or structure nor
shall it be located closer than two (2) feet, to any site line. In no instance shall
an accessory building or structure be located within a dedicated easement
right-of-way; and
(d)
No accessory building or structure shall be erected prior to the erection of the
main building or structure except where it is necessary for the storage of the
tools and materials for use during construction of the main building or
structure; or prior to the establishment of the principal use of the site where
no principal building or structure is required. A development permit must be
obtained for both the accessory and primary building at the same time.
36.0
Projections into Yards
Except as herein provided, every part of a required yard shall be open and unobstructed
from the ground to the sky, save for trees, shrubs, gardens, fences and driveways:
(1)
Eaves, chimneys, cornices and ornamental or decorative features may extend or
project into a required side yard not more than five (5) inches for each one (1) foot
of width of such side yards provided the width of such side yard is not reduced to
less than eighteen (18) inches; and, may extend or project into a required front yard
or rear yard not more than three (3) feet; except, as may be required by the
National Building Code.
(2)
An open, unenclosed and uncovered porch, a paved terrace or a deck may project
into a required front yard for a distance not exceeding six (6) feet, with a corner
side yard up to 50% of the width of the corner side yard; and into a required rear
yard for a distance not exceeding twelve (12) feet, but this shall not be interpreted
to include or permit fixed canopies. An open, unenclosed and uncovered porch, a
paved terrace or a deck may project into a required side yard provided that the
required side yard is not reduced to less than three (3) feet.
(3)
An open, unenclosed stairway or balcony, not covered by a roof or canopy, may
project into a required rear yard not more than four (4) feet, and such balconies
may extend into the required front yard not more than three (3) feet;
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THE TOWN OF ARBORG ZONING BY-LAW 6-2011
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(4)
Fences, hedges and landscaping design features are permitted in all required yards
if maintained at a height of not more than three (3) feet in the front yard and at a
height of not more than six (6) feet in the rear and side yards except:
(a)
as may be required by provincial legislation for public safety purposes;
(b)
as may be required by the National Building Code with Manitoba
amendments for structures such as pools and hot tubs that contain more than
24 inches of water.
37.0
Private Communications Facilities
(1)
Private Communications Facilities may be permitted in any rear or interior side
yard, but no part of such facilities shall project within 3 feet of any site line;
(2)
Private Communications Facilities may be permitted in a front yard or corner side
yard, but when located in non Residential Zone no part of such facilities shall
project within 40 feet of any front site line nor within 20 feet of any corner side site
line;
(3)
Private Communications Facilities may be permitted on the roof of a building, but
if located on the roof of a main building in a Residential Zone, shall have the base
of the facility located not higher than 1.5 feet above the surface of the nearest point
of the roof of the main building; and
(4)
When mounted in a Residential Zone on a free-standing support structure, shall
have the top of the facility not higher than 3.5 feet above the highest point of the
roof of the main building.
38.0
Area and Yard Requirements
Except as herein provided, the following regulations shall apply in all zones to ensure
adequate site and yard requirements:
(1)
When site and yard requirements cannot reasonably be complied with, as in the
case of a planned unit development or where their application cannot be
determined on sites of peculiar shape, topography or due to design or site
arrangement, such requirements may be modified or determined by the Variation
Board pursuant to the provisions of The Planning Act;
(2)
No building shall be added to, or reconstructed, and no site shall be reduced in
area, width and depth if such addition, reconstruction, reduction or alterations, will
cause the violation of any provisions of this By-law;
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(3)
Yards and site area, width and depth provided for a building or structure existing
on the effective date of this By-law or amendments thereto, shall not be reduced, if
already less than the minimum requirements of' this By-law; and
(4)
No yard or other open space around an existing building or structure which is
hereafter provided around any building or structure for the purpose of complying
with the provisions of this By-law, shall be considered as providing a yard or open
space for any other building or structure; nor any yard or other required open Space
on any adjoining site be considered as providing a yard or open space on a site
where on a building or structure is to be erected.
39.0
Lots of Record
Any existing lot which has a site area, site width and/or site depth less than that required
for the proposed use in the Zone in which said lot is located, and where said lot was on
record in the Land Titles Office prior to the adoption of this By-law, or any amendment
to this By-law, such lot may be occupied for any use permitted in that Zone, provided all
other requirements of this By-law are complied with.
40.0
Existing Uses listed as Conditional Use
Any use, which legally existed prior to the adoption of this By-law, and is now listed as a
Conditional Use, shall for the purposes of this By-law, be considered as a legally existing
conditional use.
41.0
Only One Main Building or Use on a Site
There shall be only one main building and/or one main use on a site except wherein
otherwise stated.
42.0
Planned Unit Development
Planned Unit Developments are listed as conditional uses in appropriate Zones and shall
be subject to the following requirements:
(1)
The use table and site regulations table of each specific Zone shall not directly
apply to Planned Unit Developments. The design, however, shall produce an
environment of stable and desirable character and shall incorporate at least
equivalent standards of amenity, open spaces, building separation, parking and
other requirements and provisions of this By-law.
(2)
An application for the establishment of a Planned Unit Development shall be
accompanied by the following information:
(a)
Those requirements required for the issuance of a development permit as
outlined in PART II, Section 17.0 of this By-law;
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(b)
An Impact Statement or Study; and
(c)
Such additional information as Council may consider necessary for the
review of the proposal.
(3)
A residential Planned Unit Development may contain two or more principal
buildings subject to the following criteria:
(a)
The minimum site area for a Planned Unit Development shall be one (1) acre;
(b)
The side, front and rear yards equal the requirements of the zone in which the
Planned Unit Development is located , shall be maintained;
(c)
In no case shall buildings be closer to each other than the sum of the required
yards for adjoining walls; and
(d)
The density of development shall not be increased by greater than ten (10)
percent of the normal density permitted in that zone.
43.0
Multiple Uses
Where any land, building or structure is used for more than one purpose, all provisions
of this By-law relating to each use shall be satisfied. Where there is conflict such as in
the case of site area and frontage, the higher or more stringent standard shall prevail,
except otherwise approved by the Council.
44.0
Moving of Building or Structure
(1)
No building or structure shall be moved or relocated in whole or in part to any other
location from within or from outside the Town of Arborg unless every portion of
the building or structure is made to conform to all the regulations of this By-law
applying to the zone in which it is to be located.
(2)
Issuance of a development permit to move a building or structure may require, at
the discretion of the designated employee, posting of security in the form of an
irrevocable letter of credit or cash, to ensure the building is brought into compliance
with the zone regulations and building code in a timely manner, as determined by
the designated employee.
(3)
Upon completion of removal of a building from a site, the old foundation shall be
removed, any excavation shall be filled, the ground shall be leveled and the site
shall be put in a safe condition, to the satisfaction of a designated employee.
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45.0
Fence
(1)
Height
Fences shall be constructed with a maximum height in side and rear yard of six (6)
feet and maximum height in required front yard of three (3) feet, for each zone.
(2)
Materials
Fences in all zones shall not be constructed of or contain:
(a)
barbed wire,
(b)
electrified wire,
(c)
debris, junk or waste materials unless such materials have been recycled and
reprocessed into building materials marketed to the general public and
resembling new building materials; or
(d)
other materials deemed unsuitable by Council.
(3)
Fences shall not impede, obstruct or alter the flow of drainage.
(4)
Fences in all zones shall not obstruct or confuse the view of vehicular and
pedestrian traffic at intersections.
46.0
Outdoor Furnaces and Fire Pits
(1)
Outdoor furnaces, wood burning or otherwise, are not permitted in any zones in
the Town of Arborg; and
(2)
Outdoor fire pits/appliances are permitted subject to municipal approval.
47.0
Noxious or Offensive Uses
Except wherein otherwise provided in this By-law, no use shall be permitted in any zone
which may be noxious or offensive by reason of the emission or production of odor, dust,
refuse matter, wastes, vapor, gas, smoke, vibration or noise. This shall not be interpreted
as to prohibit those Conditional Uses specifically permitted in a zone.
48.0
Change of Use, Alterations and Additions to Building
The purpose for which any land, building or structure is used shall not be changed, no
new building or structure shall be erected and no existing building or structure shall be
added to or altered, if the effect of such change, erection, addition or alteration is to create
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a situation contrary to the requirements of this By-law, unless permitted by a variation
order in accordance with the provisions of the Act.
49.0
Public Utilities and Services
Nothing in this By-law shall be so interpreted as to interfere with the construction,
maintenance and operation of the facilities of any public utility, as defined by this
By-law, or public service such as police and fire protection, postal and telephone service
50.0
Small Wind Energy Generating Systems
Small wind energy generating systems shall be a permitted accessory use in all zoning
classifications where structures of any sort are allowed; subject to certain requirements as
set forth below:
(1)
Wind Turbine Tower Height: There shall be no specific height limitation, so long as
the total extended height meets sound and set-back requirements, Air Traffic Safety
Regulations and does not exceed height recommendations of the manufacturer.
(2)
Set-back: The turbine base shall be no closer to the property line than the height of
the wind turbine tower, and no part of the wind system structure, including guy
wire anchors, may extend closer than three (3) m (10 ft) to the property boundaries
of the installation site. Additionally, the outer and innermost guy wires must be
marked and clearly visible to a height of 2 m (6 ft) above the guy wire anchors.
Council may waive setback requirements from adjacent properties if such adjacent
property owner agrees to grant an easement binding on the current and future
owners.
(3)
Sound: The mean value of the sound pressure level from small wind energy
generating systems shall not exceed more than 6 decibels (dBA) above background
sound, as measured at the exterior of the closest neighbouring inhabited dwelling
(at the time of installation or during operation), for wind speeds below 22 mph (10
m/s) and except during short-term events such as utility outages and/or severe wind
storms. Applicants may apply for exemptions from this requirement with written
authorization from the pertinent building owner(s) and tenants, if applicable.
(4)
Soil Studies: For standard soil conditions (not including gravel, sand, or muck),
foundations developed by the wind turbine manufacturer shall be acceptable for
turbine installations of 20kW or less and will not require project-specific soils
studies or an engineer's wet stamp.
(5)
Signage: All signs, other than the manufacturer's or installer's identification,
appropriate warning signs, or owner identification on a wind generator, tower,
building, or other structure associated with a small wind energy system visible from
any public road shall be prohibited.
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(6)
Access: Any climbing foot pegs or rungs below 12 feet of a freestanding tower
shall be removed to prevent unauthorized climbing. For lattice or guyed towers,
sheets of metal or wood may be fastened to the bottom tower section such that it
cannot readily be climbed.
(7)
Insurance: Additional insurance beyond homeowners' coverage shall not be
required.
(8)
Compliance with Air Traffic Safety Regulations: Small wind energy generating
systems must comply with applicable air traffic safety regulations. A statement on
compliance by the applicant is sufficient. Transport Canada must be notified of the
location (latitude and longitude) and height of all wind turbine installations through
the aeronautical clearance application process. Small wind turbine towers shall not
be artificially lighted except as required by Navigation Canada.
(9)
Compliance with the Manitoba Environment Act.
(10) Compliance with International Building Code: Building permit applications for
small wind energy generating systems shall be accompanied by standard drawings
of the wind turbine structure, including the tower, base, and footings, anchoring
method and drawn to scale. An engineering analysis of the wind turbine tower
showing compliance with the International Building Code and certified by a
licensed professional mechanical, structural, or civil engineer shall also be
submitted. Documentation of this analysis supplied by the manufacturer shall be
accepted. Wet stamps shall not be required.
(11) Compliance with Existing Electric Codes: Building permit applications for small
wind energy systems shall be accompanied by a line drawing of the electrical
components in sufficient detail to allow for a determination that the manner of
installation conforms to existing electrical codes, if applicable. This information
frequently is supplied by the manufacturer.
(12) Utility Notification: No grid-intertied small wind energy system shall be installed
until evidence has been given that the utility company has been informed of the
customer's intent to install an interconnected customer-owned generator. A copy of
a letter to the applicant's utility is sufficient. No response or evidence of approval
from the utility is required. Off-grid systems and grid-tied systems that are not
capable of feeding onto the grid with advanced control grid fault protection and
disconnect switches covered under the electrical code shall be exempt from this
requirement.
(13) Abandonment: If a wind turbine is inoperable for six consecutive months the owner
shall be notified that they must, within six months of receiving the notice, restore
their system to operating condition. If the owner(s) fails to restore their system to
operating condition within the six-month time frame, then the owner shall be
required, at his expense, to remove the wind turbine from the tower for safety
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reasons. The tower then would be subject to the Public Nuisance provisions of the
municipality's by-laws.
If the proposed small wind energy generating system meets the above criteria, Council
shall approve an application for the small wind energy generating system by right without
a public hearing. For those proposed small wind energy generating systems that do not
meet the above criteria, a zoning variance will be required.
51.0
Rooftop Wind Energy Generating System
Rooftop wind energy systems shall be considered a permitted accessory use in all zoning
classifications subject to certain requirements as set forth below.
(1)
Are set back at least 20 feet from the front building line, or in the case of corner
lots, at least 15 feet from the front and side building line.
(2)
Are limited to a height of no more than 15 feet above the roof or top of the parapet,
whichever is greater.
(3)
Comply with all noise limitations as per Section 50.0 (3).
(4)
Are safely and securely attached to the rooftop in compliance with the
National/Provincial Building Codes.
52.0
Side Yard Exceptions
For the purpose of side yard regulations, the following dwellings with common party
walls shall be considered as one (1) building occupying one (1) site: duplex, triplex and
fourplex dwellings, row or townhouses, and multiple-family dwellings.
53.0
Site Reduced by Public Works, etc
A site area or site width or required yard reduced below the minimum requirements of
this By-law by virtue of a public works, street or public utility shall be deemed to
conform to the requirements of this By-law.
54.0
Public Monuments and Statuary
Nothing in this By-law shall be so interpreted as to interfere with the maintenance or
erection of monuments, statuary, and similar structures.
55.0
Height Exceptions
The provisions of this By-law shall not apply to limit the height of any ornamental dome,
chimney, tower, electrical or telephone, transmission line, television or radio mast,
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steeple, water storage tank, electrical apparatus or the mechanical operations of a
building.
56.0
Street Frontage and Future Road Allowance
(1)
Frontage: All developments shall be on sites having frontage on a public street.
(2)
Future Road Allowance Deemed Existing: No building or structure shall be erected
upon any land which has been designated for a future road allowance. Any
development adjacent to said future road allowance shall comply with the
requirements of the By-laws as if the said future road allowance was already in
existence.
57.0
Development on Zoning Site Only
No development permit shall be issued for the purpose of carrying out the construction or
erection or the placing of any building or structure unless:
(1)
The development is to be designed, intended or located on a zoning site as defined
in this By-law; or
(2)
A variation order has been obtained in accordance with the provisions of the
Planning Act.
58.0
Sign Regulations
(1)
Intent
The regulations of this section are intended and designed to establish a minimum
control of signs. Such control is deemed essential to promote the health, safety,
and general welfare by reducing hazards to pedestrian and vehicular traffic, by
preventing unsightly and detrimental development having a blighting influence
upon residential, business and industrial uses, by preventing signs from reaching
such excessive size that they obscure one another to the detriment of all parties
and by securing certain fundamentals of design for the community.
(2)
Regulations
The following shall apply in all Zones except wherein otherwise stated:
(a)
No sign or sign structure shall be erected at any location where it may
interfere with, obstruct the view of, or be confused with any authorized
traffic sign, signal or device. No rotating beam, beacon or flashing
illumination resembling an emergency light shall be used in connection with
any sign display;
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(b)
No sign or sign structure shall be located in such a manner as to materially
impede the view of any street or highway intersection; or in such a manner
as to materially impede the view of the intersection of a street or highway
with a railroad grade crossing;
(c)
All signs and sign structures shall be kept in repair and in proper state of
preservation. Signs which have become obsolete because of discontinuance
of the business service or activity shall be removed or relocated within
thirty (30) days following such condition;
(d)
No flashing signs shall be permitted in any zone without the approval of the
Council, except in Commercial Zones. In any event, no flashing sign shall
be permitted within three hundred (300) feet of any residential zone; and
(e)
It is unlawful to erect or maintain any sign on, over or above any land or
right-of-way belonging to the municipality and all signs must adhere to all
the setback requirements of the zone in which it is located.
(3)
Exemptions
The following signs shall not be subject to the provisions of this By-law, except
wherein otherwise noted:
(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 may be authorized by Council for not more than two
months at a time by written permit which shall show the size, shape,
content, height, type of construction and location of such signs;
(d)
"No Trespassing" signs not exceeding three (3) square feet;
(e)
Construction signs when placed on construction sites and not exceeding
twenty-five (25) square feet;
(f)
Signs required for direction and convenience of the public, including signs
which identify rest rooms or parking entrance or exit, not exceeding five (5)
square feet in area; and
(g)
Real estate signs not exceeding sixteen (16) square feet, which advertise the
sale, rental or lease of the premises.
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59.0
Parking Areas
(1)
The following regulations shall apply to all parking areas as required by this By-
law
(a)
The area shall be drained and maintained with a stable surface which is
treated so as to prevent the rising of dust or loose particles; it may be
constructed of crushed stone, slag, gravel, concrete, asphalt or other
approved material;
(b)
Where parking areas are provided in any commercial, industrial or open
space/recreational zone and lighting facilities are provided, such lights shall
be so shielded and directed as to reflect away from any adjoining residential
area. Where parking areas are provided in any residential zone and lighting
facilities are provided, such lights shall be so shielded and directed as to
reflect away from any adjoining residential property;
(c)
Where a parking area is situated along a site line which coincides with the
boundary of a residential zone and is not separated there from by any street,
lane or watercourse, a buffer of a design acceptable to the council shall be
provided;
(d)
No building shall be erected except one non-habitable accessory shelter for
attendants; and
(e)
No sign shall be erected except:
i.
Signs for the direction of traffic within the parking area, and
ii.
Directional signs of not more than twenty (20) square feet in area at
each point of entrance and exit. Such signs may bear the name of the
business if the parking area is connected thereto.
(2)
The layout and design of the accessory off-street parking area shall be as follows:
(a)
The layout and design of the accessory off-street parking area shall be in
accordance with the Table IV - I "MINIMUM PARKING SPACE
REQUIREMENTS" of this PART;
(b)
The length of each parking space shall be exclusive of access driveways,
aisles, ramps and columns, and office or work areas;
(c)
For a parking area where the angle of parking varies from that set forth in
Table IV-I of this PART, the following shall apply:
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MINIMUM SIZE
OF PARKING
SPACE
MINIMUM AISLE
WIDTH
ANGLE OF
PARKING
9 feet X 20 feet
20 feet
75 to 90 degrees
18 feet
50 to 74 degrees
12 feet
Less than 50 degrees
(d)
Where access to a parking space is directly from a lane, the width of the
lane adjacent to said parking space may be computed as part of the aisle
width required for said parking space;
(e)
The angle of parking shall be measured between the center-line of the
parking space and the center-line of the aisle;
(f)
The off-street parking area shall be provided with an access drive with a
minimum width of ten (10) feet, to a street or lane; and
(g)
Except as provided for in paragraph (d), an aisle or driveway shall not mean
a street or lane.
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60.0
Home-Based Businesses
Home-Based Businesses (as defined) shall:
(1)
Requires a business license issued from the municipality;
(2)
Not detract from the neighborhood;
(3)
Be carried on solely by the members of the family residing in the same dwelling
unit without the employment of other persons;
(4)
Have no exterior display, no advertising, no outdoor storage, and no other exterior
indication of the home occupation or variation of the residential character of the
principal or accessory building except as provided for herein;
(5)
Take up less than 50 per cent of the total floor area in the dwelling unit;
(6)
In the opinion of Council, not by reason of the emission of odor, dust, smoke,
noise, gas, fumes, cinders, light, vibration, refuse matter or water carried waste
become offensive or obnoxious and shall not create a nuisance beyond any site
line; and
(7)
In the opinion of the Council, not cause the generation of undue traffic, parking
problems, and congestion in the neighborhood.
61.0
Bed and Breakfast
A Bed and Breakfast Home (as defined) shall comply with the following regulations:
(1)
There shall be no exterior display or advertisement larger than two (2) square feet
in area, no sign shall be illuminated and any sign must be compatible with the
character of the area.
(2)
The bed and breakfast facility shall not generate vehicular traffic or parking that is
in excess of what is normally characteristic of the area.
(3)
The bed and breakfast facility shall be operated by a live-in owner as a secondary
use only, have a maximum of eight accommodation units, and shall not change the
principal residential character or external appearance of the dwelling.
(4)
Guest stays shall be limited to less than twenty-eight (28) days.
(5)
Meals shall be limited to the occupants of the dwelling and resident guests with no
cooking facilities allowed in guest rooms.
(6)
Catering to social functions is not permitted on site.
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(7)
In addition to the parking for the primary use, one additional on-site parking space
shall be provided for each accommodation unit.
62.0
Home Day Care
A Child Care Service shall meet Provincial Government regulations and comply with the
following regulations:
(1)
The number of children within a Home Day Care established as a secondary use
within a Dwelling shall not exceed eight.
(2)
A Home Day Care shall not be a principal use of a building within Residential
Zoning Districts.
(3)
Council shall, in deciding whether to approve or refuse a Home Day Care which
is a Conditional Use, shall consider, among other matters, if the development
would be suitable for the location proposed, taking into account, among other
matters, potential traffic generation, proximity to park or other open or recreation
areas, isolation of the proposed site from other residential uses, buffering or other
techniques designed to limit any interference with other uses or the peaceful
enjoyment of their properties by nearby residents, and consistency in terms of
intensity of use with other development in the area.
63.0
Guest House
Guest House (as defined) shall comply with the following:
(1)
all site requirements applicable to the zone;
(2)
a maximum building area of 400 square feet;
(3)
only provide secondary and incidental accommodation for family members and
guests of the occupants of the main dwelling;
(4)
not to be intended for exclusive occupancy by a family living independent from
the main dwelling;
(5)
not to be rented separately from the main dwelling;
(6)
not to be serviced by utilities separately from the main dwelling; and
(7)
not to be allowed to contain cooking facilities.
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64.0
Garden Suite
Garden Suite (as defined) shall be required to comply with the regulations listed
hereunder:
(1)
Occupancy: Occupancy shall be for an elderly parent(s) or other family
member(s) who require or provide care and assistance from or for the occupants
of the principal dwelling.
(2)
Applicants: Only owner(s) or occupiers of the principal dwelling, with consent of
owner(s), are permitted to place a temporary additional dwelling.
(3)
Area - minimum: Garden suites will not be permitted on properties smaller than
512 m. sq. (5,500 sq. ft.).
(4)
Foundation: As the additional dwelling is temporary in nature it shall be placed on
pad and post foundation only.
(5)
Separation: Minimum separation distance between detached buildings and the
principal dwelling or temporary additional dwelling shall be 10 ft.
(6)
Size: Temporary additional dwellings shall have a maximum size of 1,200 sq. ft.
(7)
Yard Requirements: Temporary additional dwellings shall comply with front, side
and rear yard requirements for the principal dwelling.
(8)
Access: Access to the temporary dwelling unit shall be provided by an existing
driveway(s).
(9)
Restriction by Caveat: A caveat is to be placed on the subject property by the
Municipality at the expense of the applicant, advising that the additional dwelling
is temporary in nature and that it must be removed within 6 months upon cessation
of occupancy for which it was intended.
65.0
Secondary Suite
Secondary Suite (as defined) shall be required to comply with the regulations listed
hereunder:
(1)
It shall typically be created within an existing single dwelling unit - commonly
called a "house" - either constructed as an addition to an existing house or
incorporated during the construction of a new house.
(2)
It may have more than one storey and may be on the same level as the principal
dwelling unit of the house or be above or below it.
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(3)
Where a building has multiple occupancies, the secondary suite can only be
created in a portion of the building that is of residential occupancy. Apartment
buildings have more than two dwelling units and are therefore not permitted to
have secondary suites.
(4)
Neither dwelling unit in a house can be strata-titled or otherwise subdivide from
the remainder of the house under the provincial or territorial legislation. This
means both dwelling units are registered under the same title.
66.0
Travel Trailer
Travel Trailers will not be allowed on vacant land. They will only be allowed on a
temporary or seasonal basis as an accessory use to a primary residence, and they cannot
encroach onto private property.
67.0
Flood Risk Area
(1)
Definitions
In this section:
(a)
"Design Flood Level" means the 100 year flood level shown on the flood
risk maps of the Arborg Area, which were designated on November 5, 1987,
pursuant to the Canada-Manitoba Flood Damage Reduction Agreements;
(b)
"Floodway Area" and "Floodway Fringe Area" means those areas identified
as floodway and floodway fringe on the flood risk maps of the Arborg Area,
which were designated on November 5, 1987, pursuant to the Canada-
Manitoba Flood Damage Reduction Agreements;
(c)
"Flood Proofing Criteria" means the flood proofing criteria established in
this section;
(d)
"Flood Protection Level" means a level of 0.6m (2 feet) above the design
flood level; and
(e)
"Hazardous Materials" means materials that are buoyant, flammable,
explosive or toxic.
(2)
Construction in Floodway Areas
No person shall construct, erect or locate any building or structure within or on a
floodway area except public services, fences and open air structures for
recreational use.
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(3)
Construction in Floodway Fringe area
No person shall:
(a)
Construct, erect or locate any building or structure other than a fence within
or on a floodway fringe area; or
(b)
Make any addition to or reconstruct any building or structure other than a
fence, within a floodway fringe area;
except in accordance with the flood proofing criteria in subsection (4) and in
accordance with a building or development permit.
(4)
Flood Proofing Criteria
Flood proofing criteria for buildings and structures shall be as follows:
(a)
Every building or structure that is located within the flood risk area, other
than an accessory structure referred to in subsection (e) shall be:
i.
Constructed on a site raised by fill; or
ii.
Supported by piles.
(b)
If a building or structure that is constructed on a site raised by fill has a
basement or cellar, the site shall be raised by impervious fill in accordance
with the requirements illustrated in Schedule A, and:
i.
the elevation of the main floor shall be at least 30 cm above the
applicable flood protection level; and
ii.
if the situ material is pervious, the design of the building or structure
shall be certified by a Professional Engineer as being capable of
withstanding hydrostatic and uplift pressures by a static water level at
the flood level protection.
(c)
If a building or structure that is constructed on a site raised by fill has no
basement or cellar, the site shall be raised by fill in accordance with the
requirements illustrated in Schedule A and:
i.
the elevation of the main floor shall not be less than the applicable
flood protection level; and
ii.
the top fill shall not be more than 30 cm below the applicable flood
protection level.
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(d)
If a building or structure is supported by piles, it shall be supported in
accordance with the requirements illustrated in Schedule A or another
equivalent support system, and:
i.
the building or structure shall be so constructed that it will not be
buoyant when the water surface of any flood that may occur is higher
than the bottom of the horizontal members supporting the structure;
and
ii.
the elevation of any floor containing finished space shall be at least
1.0m above the applicable flood protection level.
(e)
Accessory Buildings or Structures
i.
Every building or structure that is an accessory building or structure
described in this subsection shall comply with the flood proofing
criteria set out in this subsection.
ii.
If any accessory building or structure is an attached garage, a
livestock barn, granary, farm machinery shed or other building used
for the storage of agricultural produce, or a workshop or shed used for
the storage of immovable equipment or material or hazardous
material,
a. the floor elevation of the structure shall be more than 30 cm
below the applicable flood protection level; and
b. the top of the fill shall not be more than 60 cm below the
applicable flood protection level.
iii.
If the building or structure is a detached garage,
a. the floor elevation shall not be more than 1.5 m below the
applicable flood protection level;
b. if constructed of wood, wood by-products or any other material
susceptible to water damage, the structure shall be supported by
foundation constructed of water resistant material, and the top of
the foundation shall not be more than 50 cm below the flood
protection level applicable to the site; and
c. any immovable equipment or material or hazardous material
stored in the structure shall be stored 1.0 m above the floor level.
iv.
If the structure is a storage tank for fuel oil, gasoline or any other
liquid or solid, the structure
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a. shall be situated above the applicable flood protection level or be
buried underground;
b. shall be anchored to prevent flotation; and
c. shall have the vent and filler pipes extend above the applicable
flood protection level.
(5)
Variation of Flood Proofing Criteria
Notwithstanding the above, exceptions to the flood proofing requirements may be
permitted in respect of:
(a)
any proposed new building or structure to be constructed on one of a small
number of remaining building sites, or on the only remaining building site,
within an area which is almost fully developed with buildings; or
(b)
proposed work which constitutes
i.
reconstruction of, or
ii.
an addition to, or
iii.
a building or structure accessory to, a lawfully existing building or
structure; or
(c)
the replacement of a lawfully existing building or structure which has been
destroyed by fire or other peril;
if the development officer, upon recommendation by the Water Resources Branch,
is satisfied that it is impossible or impractical to comply with the flood proofing
criteria.
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SCHEDULE A
APPENDIX "A"
THE TOWN OF ARBORG ZONING BY-LAW 6-2011
Appendix "A" - Zoning Map