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ZONING BY-LAW
By-law No. 7124
ENACTED AND ADOPTED THIS
18TH DAY OF JANUARY, 2016
An online version of this by-law is available at
www.brandon.ca/zbl.
NOTICE: Please consult the Planning & Buildings Department at 638
Princess Avenue or by calling 204-729-2110 regarding enquiries of this
by-law.
This document is available in alternate formats upon request. Please
contact the Planning & Buildings Department at 638 Princess Avenue or
by calling 204-729-2110.
This version is current as of July 9, 2024.
TABLE OF CONTENTS
SCHEDULE A: THE CITY OF BRANDON ZONING BY-LAW
PAGE
PART I: INTERPRETATION, ADMINISTRATION AND ENFORCEMENT
1
DIVISION 1: INTERPRETATION
1
DIVISION 2: ADMINISTRATION
20
DIVISION 3: ENFORCEMENT
27
PART II: GENERAL PROVISIONS
30
DIVISION 1: APPLICATION OF REGULATIONS
30
DIVISION 2: OBSTRUCTIONS AND SPECIAL YARDS
31
DIVISION 3: PARKING
38
DIVISION 4: SIGNAGE
46
DIVISION 5: OTHER USES IN RESIDENTIAL DWELLINGS
53
DIVISION 6: OTHER SITE PROVISIONS
56
PART III: PROVISIONS FOR EACH ZONE
63
DIVISION 1: RESIDENTIAL
63
DIVISION 2: COMMERCIAL
70
DIVISION 3: DOWNTOWN
76
DIVISION 4: INDUSTRIAL
81
DIVISION 5: EDUCATIONAL AND INSTITUTIONAL
86
DIVISION 6: OPEN SPACES
89
DIVISION 7: OVERLAY ZONES
92
SCHEDULE B: ZONING MAP
SCHEDULE C: URBAN & LANDSCAPE DESIGN STANDARDS MANUAL
ii
LIST OF TABLES
TABLE
PAGE
TABLE 1: PERMITTED OBSTRUCTIONS IN REQUIRED FRONT YARDS ............................................ 33
TABLE 2: PERMITTED OBSTRUCTIONS IN REQUIRED SIDE YARDS................................................ 34
TABLE 3: PERMITTED OBSTRUCTIONS IN REQUIRED REAR YARDS............................................... 35
TABLE 4: REQUIRED PARKING AND LOADING SPACES ................................................................. 38
TABLE 5: REQUIRED ACCESSIBLE PARKING SPACES...................................................................... 41
TABLE 6: MINIMUM PARKING AREA REQUIREMENTS.................................................................. 42
TABLE 7: SIGN REQUIREMENTS .................................................................................................... 47
TABLE 8: HOME-BASED BUSINESS REQUIREMENTS ..................................................................... 55
TABLE 9: RESIDENTIAL USE TABLE ................................................................................................ 64
TABLE 10: RESIDENTIAL BULK AND SITING REQUIREMENTS........................................................ 66
TABLE 11: COMMERCIAL USE TABLE ............................................................................................ 71
TABLE 12: COMMERCIAL BULK AND SITING REQUIREMENTS...................................................... 73
TABLE 13: DOWNTOWN USE TABLE ............................................................................................. 76
TABLE 14: DOWNTOWN BULK AND SITING REQUIREMENTS....................................................... 79
TABLE 15: INDUSTRIAL USE TABLE................................................................................................ 82
TABLE 16: INDUSTRIAL BULK AND SITING REQUIREMENTS ......................................................... 85
TABLE 17: EDUCATIONAL AND INSTITUTIONAL USE TABLE ......................................................... 86
TABLE 18: EDUCATIONAL AND INSTITUTIONAL BULK AND SITING REQUIREMENTS................... 88
TABLE 19: OPEN SPACES USE TABLE............................................................................................. 89
TABLE 20: OPEN SPACES BULK AND SITING REQUIREMENTS....................................................... 91
iii
LIST OF AMENDMENTS
This is a continuing consolidation of the City of Brandon Zoning By-law No. 7124 as amended,
and prepared for the purpose of convenience only. For accurate reference, the original of this by
law and any other City of Brandon by-law should be consulted. Copies of original City of Brandon
by-laws are available at the Office of the City Clerk, 410 - 9th Street.
The following table lists all of the amending by-laws to the City of Brandon Zoning By-law, in
ascending adoption date order, beginning with the adoption of this by-law. This list is updated
on a regular basis.
By-law
No.
File No.
Affected Sites/Provisions
Date Adopted
7124
Z-01-15-B
City of Brandon Zoning By-law
January 18, 2016
City of Brandon Zoning By-law No. 7124 amended by:
7135
Z-03-15-B
231 Rosser Avenue East--IR - RLD
April 4, 2016
7134
Z-04-15-B
6701 & 8055 Richmond Avenue East--DR - IH
April 18, 2016
7136
Z-05-15-B
Section 49; Tables 4, 9, 10, 12, 14 and 19
June 6, 2016
7138
Z-01-16-B
1620 Braecrest Drive--CG - RLD
June 20, 2016
7142
Z-02-16-B
2335 Patricia Ave--DR - RMH
July 18, 2016
7150
Z-04-16-B
2105 Brandon Avenue--PR - RMD
September 19, 2016
7149
Z-03-16-B
1955 - 34th Street--AG80 - RLD
February 6, 2017
7155
Z-06-16-B
Subsection 6(b); Section 38; Table 15
March 6, 2017
7156
Z-07-16-B
Multiple sites owned by the City of Brandon
March 6, 2017
7177
Z-01-17-B
1890 - 65th Street East--DR - IH
July 17, 2017
7194
Z-03-17-B
701 - 17th Street East--DR - IG
January 22, 2018
7201
Z-04-17-B
1035 & 1209 Richmond Avenue--EI - CAR
March 5, 2018
7188
Z-02-17-B
3500 McDonald Avenue--A and PR - CG
August 13, 2018
7214
Z-02-18-B
700 Maryland Avenue--OS - EI
September 4, 2018
7212
Z-03-18-B
General text update
September 17, 2018
7216
Z-04-18-B
609 - 39th Street--DR - RSD
September 17, 2018
7208
Z-01-18-B
1700 - 30th Street--DR - RSD, RLD, and OS
October 1, 2018
7217
Z-05-19-B
1015 - 13th Street--RLD - CN
December 3, 2018
7234
Z-01-19-B
2605 and 2611 Rosser Avenue--RLD - RMD
July 15, 2019
7235
Z-02-19-B
2222 Currie Boulevard--RMH - CAR
July 15, 2019
7239
Z-03-19-B
Text updates related to the Downtown
Brandon Secondary Plan
July 15, 2019
7241
Z-04-19-B
2211 Portola Drive--RLD and PR - RMD
September 16, 2019
iv
By-law
No.
File No.
Affected Sites/Provisions
Date Adopted
7246
Z-05-19-B
East side of 200-400-blocks of 21st Street--
EI - RMD
1837 Princess Avenue--EI - RLD
2003 Princess Avenue--EI and RLD - EI
2021 Victoria Avenue--CAR - EI
October 7, 2019
7247
Z-06-19-B
Part of 1910 Bell Avenue--DR - CAR
Part of 1910 Hamilton Avenue--A - CAR
October 7, 2019
7248
Z-07-19-B
General text update
October 7, 2019
7256
Z-09-19-B
235 Glen Avenue--CAR - RMH
May 11, 2020
7265
Z-01-20
Updates to floodplain regulations
May 11, 2020
7267
Z-02-20
Part of 1901 and 1955 - 34th Street--AG80
(Cornwallis) - RSD and PR
May 11, 2020
7254
Z-08-19-B
1501 Moreland Drive--DR - RMH
July 13, 2020
7271
Z-05-20
400 - 17th Street North--OS - CAR
August 10, 2020
7218
Z-06-18-B
660 - 7th Street and 725 Van Horne Avenue--IR
- RMD
September 8, 2020
7275
Z-06-20
1504 - 10th Street--RLD - RMD
September 8, 2020
7278
Z-07-20
135, 141, 143 and 147 - 18th Street--CR -
DMU
September 8, 2020
7226
Z-07-18-B
700 - 33rd Street East--DR - IH
December 21, 2020
7292
Z-08-20
2 Outback Drive--DR - RLD
April 19, 2021
7293
Z-09-20
733 - 17th Street East--DR - IG
May 17, 2021
7270
Z-04-20
1230 - 18th Street North--RLL - RSD and OS
June 21, 2021
7306
Z-05-21
1901 and 1955 - 34th Street; 1906 - 26th
Street--AG80 (Cornwallis) - RLD
July 12, 2021
7301
Z-03-21
Lot 1, Plan 48496 BLTO--PR - RMH
August 16, 2021
7304
Z-06-21
General text update
August 16, 2021
7305
Rezoning of various properties
August 16, 2021
7296
Z-02-21
1528/1534 Princess Avenue--CG - DMU
November 1, 2021
7316
Z-08-21
1910 Bell Avenue--RSD - RLD
November 1, 2021
7311
Z-07-21
2210 Maryland Avenue--DR - EI, PR, and DR
November 15, 2021
7303
Z-04-21
Lane, Block 10 Plan 15 BLTO--RLD - RMD
March 21, 2022
7269
Z-01-21
1501 Moreland Drive--DR - RMD and PR
July 18, 2022
7334
Z-03-22
Section 58 (downtown residential update)
July 18, 2022
7340
Z-04-22
453/459 Russell Street--RLD - CG
October 17, 2022
7324
Z-01-22
309 Princess Avenue--CG - DMU
November 14, 2022
7341
Z-05-22
4501 Patricia Avenue East--DR and OS - IH
and OS
November 14, 2022
7347
Z-02-23
353 - 16th Street North--IR - EI
April 3, 2023
7359
Z-05-23
923 - 10th Street--RLD - CN
August 21, 2023
7361
Z-06-23
1, 3, and 5 Crocus Gardens Road--RMD - EI
August 21, 2023
v
By-law
No.
File No.
Affected Sites/Provisions
Date Adopted
7350
Z-04-23
1801 and 1901 - 1st Street, 1800 and 1835
Dennis Street, 1800 and 1900 Russell Street,
and 1820 and 1840 Frederick Street--DR -
RLD, RMD, and OS
September 5, 2023
7369
Z-09-23
513, 525, 537, and 539 - 39th Street, Part of
39th Street right-of-way, and Part of 902 - 38th
Street--RSD and DR - CAR
November 6, 2023
7366
Z-07-23
1307 - 18th Street North--CAR - RMD
December 4, 2023
7383
Z-02-24
Housing Accelerator Fund update
July 8, 2024
vi
Schedule A, City of Brandon Zoning By-law
PART I: INTERPRETATION, ADMINISTRATION AND ENFORCEMENT
DIVISION 1: INTERPRETATION
1.
SCOPE
(a)
This by-law may be cited by its long title ("City of Brandon Zoning By-law"), its
short title ("Zoning By-law"), or its by-law number ("By-law No. 7124"), and any
such citation is to be taken as meaning this by-law as amended.
(b)
This by-law shall apply to all of the City of Brandon.
(c)
This by-law regulates
(1)
the construction, erection, or placement of buildings, structures, and
mobile or modular homes,
(2)
the enlargement, alteration, or conversion of buildings and structures, and
(3)
the establishment, change, extension, and enlargement of uses of sites,
buildings, and structures.
(d)
No site, building, or structure shall be used or occupied, and no building or
structure shall be constructed, erected, altered, enlarged, relocated, removed,
demolished, or placed except in accordance with this by-law.
(e)
Buildings, structures, and uses which were lawfully in existence before this by-law,
or an amendment to it came into effect, may continue to exist in accordance with
the provisions of the Act.
(f)
Whenever a provision of another by-law, or an agreement with the City, or a law
or regulation of the provincial or federal government, contains a restriction
governing the same subject matter contained in this by-law, or imposes
contradictory regulations with respect to uses, buildings, or structures, the most
restrictive or highest standard shall prevail.
(g)
Nothing in this by-law shall exempt any person from complying with the
requirements or from obtaining any license, permission, permit, authority, or
approval required by this by-law or any other by-law of the City or any law of
Canada or the Province of Manitoba. Where requirements in this by-law are in
conflict with those of other municipal, provincial, or federal requirements, the
more stringent regulations shall prevail.
(h)
If any provision of this by-law is declared invalid for any reason by a court of
competent jurisdiction, all other provisions of this by-law shall remain valid.
1
Schedule A, City of Brandon Zoning By-law
1.
(i)
No use shall otherwise be permitted which is or would reasonably be injurious to
the neighbourhood residents, or which would interfere with the reasonable use
and enjoyment of their property, due to the emission of dust, smoke, odor, glare,
noise, vibration, trash, junk, water spray, or by reason of any condition which
would amount to a public nuisance under common law or any applicable law or
by-law. [EN. B/L 7212]
2.
INTERPRETING ZONING REGULATIONS
(a)
Permitted and conditional uses are outlined in table form within the regulations
for each zone. The bulk and siting requirements for each use are also outlined in
table form within the regulations for each zone. Use, bulk and siting requirements
are also located in PART II: GENERAL PROVISIONS.
(b)
Where a use is not identified within the regulations for a zone, the use is a
prohibited use in that zone.
(c)
The use tables and the bulk and siting tables within the rules for each zone may
contain reference footnotes. These footnotes immediately follow the above noted
tables and are deemed to be part of this by-law.
(d)
Whenever the terms R Zone, C Zone, D Zone or I Zone are used, they shall be
deemed to refer only to residential, commercial, downtown or industrial zones
respectively.
[AM. B/L 7239]
(e)
The following abbreviations contained in this by-law are intended to have the
following meanings:
°
=
degree
ha
=
hectare
m
=
metre
m2
=
square metre
max.
=
maximum
min.
=
minimum
N/A
=
not applicable
(f)
Where any requirement of this by-law results in a fraction of a unit,
(1)
Where a provision of this by-law is expressed as a whole number, the result
shall be rounded to the nearest whole number, and
(2)
Where a provision of this by-law is expressed with one (1) decimal place,
the result shall be rounded to the nearest first decimal place.
2
Schedule A, City of Brandon Zoning By-law
2.
(g)
Where two or more regulations are equally applicable, all provisions shall apply
or, where compliance with all applicable provisions is not possible, the most
restrictive provisions shall apply. However, where an exception, note or overlay
applies, that exception, note or overlay shall prevail.
(h)
Where a use has not been identified within a newly constructed building but a
regulation imposes a requirement premised on that use being in the building, the
requirement applies as though the actual area occupied by the use is in the
building, so that the intent and meaning of the by-law is implemented.
(i)
Illustrations may be provided throughout this by-law for clarification and
convenience only. Where an illustration appears to be in conflict with the written
regulations applicable to a site, the written regulations shall prevail.
(j)
Any reference to one gender in this by-law includes all gender expressions, and
words in the singular include the plural. [AM. B/L 7304]
(k)
Notwithstanding any of the above directions, final interpretation of any aspect of
this by-law is to be determined by the Director.
3
Schedule A, City of Brandon Zoning By-law
3.
ZONES
Uses of sites in the City are regulated in accordance with the following classes of zones:
Zone Code Zone Name
RLL
Residential Large Lot
RLD
Residential Low Density
RMD
Residential Moderate Density
RHD
Residential High Density
RMH
Residential Mobile/Modular
Home
CN
Commercial Neighbourhood
CR
Commercial Restricted
CG
Commercial General
CAR
Commercial Arterial
CHW
Commercial Highway
DCB
Downtown Central Business
DMU
Downtown Mixed Use
IR
Industrial Restricted
IG
Industrial General
IH
Industrial Heavy
EI
Educational and Institutional
A
Agricultural
PR
Parks and Recreation
OS
Open Space
DR
Development Reserve
Floodplain Overlay
Aggregate Deposit Overlay
Railway Protection Overlay
Effective on the passing of this by-law, all residential and industrial zones shall be
renamed as above. Any change to a zone name does not constitute rezoning of property
within such zones. All zones are established as shown on the zoning maps included in this
by-law. [AM. B/L 7239, AM. B/L 7383]
4
Schedule A, City of Brandon Zoning By-law
4.
INTERPRETING THE ZONING MAPS
(a)
The dimensions of the zoning maps are metric.
(b)
All plan references on the zoning maps pertain to registered plans filed in the
Brandon Land Titles Office.
(c)
Zone boundaries indicated as following the centrelines of street, highway, lane
and railway rights-of-way, streams, and rivers shall be construed to follow such
centrelines. Where a street or lane is closed, the zone boundary shall follow the
centreline of that closed street or lane.
(d)
Though street and lane rights-of-way may be within zone boundaries, the
provisions of this by-law shall not be deemed to be applicable within open street
and lane rights-of-way.
(e)
Zone boundaries indicated as following site lines, section lines, quarter section
lines, and City limit lines shall be construed to follow such lines.
(f)
Where a site is divided into more than one zone, each portion of the site shall be
used in accordance with the provisions of the applicable zone. However, the zone
boundary shall not be treated as a site line.
5.
OVERLAY ZONES
Overlay zones apply additional regulations to specific sites. These regulations add to the
conventional regulations for each zone, applicable to a particular site. Where the
conventional regulations applicable to a site are in conflict with the overlay zone
regulations applicable to the site, the overlay zone regulations shall prevail.
5
Schedule A, City of Brandon Zoning By-law
6.
DEFINITIONS
(a)
Terms not defined in this by-law but which are defined in the Act shall have the
meaning provided in the Act.
(b)
The following definitions apply to the text of this by-law:
Abutting--where two sites share a common site line.
Accessory use--an activity customarily incidental, related, appropriate and clearly
subordinate to the principal use of the site or building.
Act--The Planning Act, C.C.S.M. c. P80, and amendments thereto.
Adult uses--includes adult bookstores, adult video stores, adult theaters, or adult
live entertainment establishments.
Adult video store--a retail outlet selling or renting material of a sexual nature in
the form of videos, magazines, toys or other devices designed to appeal to erotic
or sexual appetites or inclinations, through the pictorial, photographic or other
graphic depiction of subject matter distinguished or characterized by the portrayal
of one or more persons involved or engaging in specified sexual activities, or by an
emphasis on the display of specified human body areas.
Airport--any area of land or water which is used or intended for use for the
landing or take off of aircraft and any appurtenant areas which are used or
intended for use for airport buildings or other airport facilities or rights-of-way,
including taxiways, aircraft storage and tie-down areas, hangars, and other related
buildings and open spaces.
Alteration--a change, modification, or replacement in the parts of an existing
building, structure, or use, which does not increase the exterior dimensions with
respect to height and area, including, but not limited to, adding or enlarging
windows or doors in exterior walls, replacement of building façades, or
strengthening the load bearing capacity, to permit the accommodation of a
specialized unit of machinery or equipment.
Animal boarding and pounds--a use where domesticated animals, excluding
livestock, are bred, raised, groomed, trained or kept, for a fee on a temporary
basis, and may include outdoor facilities.
Animation--the use of movement or some element thereof, to depict action or
create a special effect or scene.
Architectural feature--a decorative feature applied to the exterior of a building
wall.
Arts and cultural centre--a use where visual or performing arts are displayed or
presented.
Assembly area--a use consisting of a gathering of persons for civic, political,
travel, religious, social, educational, recreational, or similar purposes.
Automobile--a motor vehicle that requires a Class 5 Manitoba driver's license or
equivalent to operate as regulated by the Province of Manitoba.
6
Schedule A, City of Brandon Zoning By-law
6.
(b)
Automotive service station--a use where a site is used for supplying and storage
of fuel, oil, and minor accessories, as well as making repairs to motor vehicles.
Uses may also include, but not be limited to, convenience stores and car washes.
Awning--any roof-like structure, which may be constructed as an integral part of
a building or attached in such manner as not to be an integral part of a building,
but is so constructed to provide shelter or shade over an entrance way or a
window.
Balcony--an unenclosed platform projecting from the upper storeys of a building.
Bank--a use where financial services are provided, including the deposit, keeping,
lending or exchange of money, and shall also include a trust company and credit
union.
Bank machine--a machine, either freestanding or embedded in a building,
providing services of a bank, and shall include machines installed as a drive-
through facility.
Basement--the portion of a building below the first storey and partly or wholly
underground.
Boarding house--a detached dwelling that is owner occupied, as defined in The
Manitoba Building Code adopted under The Buildings and Mobile Homes Act,
C.C.S.M. c. B93, in which living accommodation is provided for compensation. A
boarding house shall have at least four (4) and no more than eight (8) sleeping
units or tenants. [AM. B/L 7172, AM. B/L 7212]
Boiler/steam plant--a use where steam is produced for the purposes of either
climate control of buildings or facilitating manufacturing activities.
Building--any structure used or intended for supporting or sheltering any use or
occupancy.
Bus terminal--a use where City buses or commercial carriers pick up or drop off
passengers, and shall include passenger and accessory freight loading areas, and
information and ticket sales offices. [AM. B/L 7239]
Campground--a site planned and improved to accommodate camping trailers,
pick-up coaches, motorized homes, tents, tent trailers, or other camping
accommodations used for travel, recreational, and vacation uses.
Car wash--a use where automobiles are washed, cleaned and polished.
Carport--a garage that is not fully enclosed.
Cemetery--a site for the burial of the dead and dedicated for cemetery purposes,
including columbaria, crematoria, mausoleums, and mortuaries, when operated
in conjunction with and within the boundaries of such cemetery.
Certificate of site completion-- a certificate issued to the applicant of a
development permit upon completion of all improvements on a site or, for phased
developments, a portion of a site, in accordance with the development permit.
[EN. B/L 7212]
Collection depot--a location for the collection of recyclable material, such as
glass, paper, cardboard, metal cans, plastic, grass, or leaves in containers.
Columbarium--a structure to provide for the placement of cremated human
remains.
7
Schedule A, City of Brandon Zoning By-law
6.
(b)
Commercial conversion--the conversion of a portion of an existing dwelling to a
commercial use. The converted building must retain at least one (1) dwelling unit,
occupied by the owner of the building.
Commercial establishment--a business predominantly offering the retail sale of
goods to clients, such use not already listed elsewhere in this by-law. For the
purposes of bulk and siting requirements, a commercial establishment shall also
mean the entire building or groups of buildings at a site meant to contain one or
more commercial businesses within such building or buildings.
Convention and exhibition centre-- a use where permanent facilities are
provided for meetings, seminars, conventions, product and trade fairs and similar
exhibitions.
Council--the Council of the City of Brandon.
Courier service--a business established to deliver mail and parcels, using either
automobiles or trucks, for compensation, and shall include parking, repair and
dispatch facilities.
Day care, group--the provision of child care services to nine (9) or more children
not over twelve (12) years of age.
Day care, home--the provision of child care services in a dwelling unit, in which
the owner or tenant resides, or places of worship, to children, including the
children of the owner or tenant, not over twelve (12) years of age. The number of
children shall not exceed eight (8).
Deck--a structure consisting of an unenclosed platform, raised above grade, but
does not include a balcony or porch.
Density--the total number of dwelling units divided by the total area of land to
be developed.
Development Plan--the Brandon and Area Planning District Development Plan,
2013, adopted by By-law No. 95-01-12, and amendments thereto.
Dormitory--a residence for students and staff of a university or community
college.
Director--the Director of the Planning & Building Safety Department, and any of
his or her delegates.
Drive-through facility--a use where products or services are provided or
dispensed through an attendant or a window or an automated machine, to
persons remaining in motor vehicles that are in a designated queuing space, and
may be in combination with other uses.
Driveway-- a direct motor vehicle access from a parking space to a street.
Dwelling--a building or portion thereof designed for residential occupancy.
Dwelling, detached--a building containing only one (1) dwelling unit.
Dwelling, duplex--a building containing two (2) dwelling units with both dwelling
units occupying the same site.
Dwelling, multiple--a building containing three (3) or more dwelling units, other
than a row house dwelling.
8
Schedule A, City of Brandon Zoning By-law
6.
(b)
Dwelling, row house--a building with three (3) or more dwelling units joined side
by side (or occasionally side to back), such as a townhouse, but not having any
other dwellings either above or below. Each unit may or may not occupy its own
site.
Dwelling, semi-detached--a building containing two (2) dwelling units with each
dwelling unit occupying its own site.
Dwelling unit--one (1) or more rooms in a building designed for one (1) or more
persons as a single housekeeping unit, with cooking, eating, living, sleeping and
sanitary facilities.
Dwelling unit, affordable-- a dwelling unit that is affordable as defined in the City
of Brandon Affordable Housing Incentive Program By-law. [EN. B/L 7383]
Electric vehicle charging station--equipment to transfer electrical power to a
battery or other energy storage device in an electric vehicle. In accordance with
the SAE J1772 standard, there are four levels of electric vehicle charging stations:
1) Level 1--also known as slow charging, up to 120V AC;
2) Level 2 - also known as medium charging, up to 240V AC; and
3) Levels 3 and 4 - also known as fast charging or DC fast charging, using DC
equipment with higher power ratings. [EN. B/L 7304]
Enlargement--an addition to the floor area of an existing building or structure, or
an increase in that portion of a site occupied by an existing use.
Extension--an increase in the amount of existing floor area used for an existing
use, within an existing building.
Farm implement--large equipment operated to facilitate on-field agricultural
activities and may either be self-driven, towed or carried on a trailer, such as
tractors and combines.
Farm product--a good used to facilitate or maintain production of crops or
livestock, such as livestock feed and agricultural fertilizer.
Fence--a structure, not being a building, intended for the purpose of total or
partial physical and/or visual separation or enclosure of a property or portion
thereof. Materials used to construct a fence are limited to wood, masonry
materials, metal, pre-cast manufactured perforated or decorative concrete blocks
or panels, and any combination thereof. A fence can also be a solid wall, not being
part of a building, intended for the purpose of total or partial physical and/or
visual separation or enclosure of a property, excluding any retaining walls.
Fence, security-- a fence where materials used for its construction include barbed
wire. [EN. B/L 7212]
Flashing--a pattern of changing light illumination where the sign illumination
alternates suddenly between fully illuminated and fully non-illuminated for the
purpose of drawing attention to the sign.
Floodplain diked protection area--includes lands protected from flooding by the
City dike system designed to withstand a 1:200 year flood event. [AM. B/L 7265]
Floodplain ecological preserve area--includes all lands at or below the 1:100 year
flood event. [AM. B/L 7265]
9
Schedule A, City of Brandon Zoning By-law
6.
(b)
Floodplain parks and recreation area--includes all lands above the 1:100 year
flood event elevation not protected by the City dike system. [AM. B/L 7265]
Floor area--the sum of the gross horizontal areas of all the storeys and basements
of all buildings and structures on a site, measured from the exterior face of the
exterior walls or from the centreline of party walls. In particular, the floor area of
a building or structure, unless herein otherwise provided for, shall include the
following:
1) Basements when used for residential, commercial, or industrial purposes;
2) Floor space used for mechanical equipment with structural headroom of 2.0m
or more;
3) Interior elevator shafts and stairwells; and
4) Penthouses, mezzanines and attics where there is a structural headroom of
2.0m or more.
Roof or basement space used for the storage or housing of mechanical or central
heating equipment, as well as accessory off-street parking and loading areas, shall
not be included as floor area.
Frame effect--a visual effect on an electronic sign applied to a single frame to
transition from one message to the next.
Garage--a building or portion thereof in which a motor vehicle is, or is intended
to be, parked by on-site residents, businesses, employees, clients or guests.
Grade--the average level of the finished ground surface adjacent to the exterior
walls of a building.
Gutter--a structure along a roof eave meant to collect and channel water from a
roof, or a channel at the side of a street for leading off surface water.
Habitable room--any room used, or intended to be used, for living, sleeping,
cooking, or eating purposes, or any combination thereof, excluding bathrooms,
water closet compartments, laundries, pantries, foyers, corridors, closets, storage
rooms, and rooms in basements used only for recreational purposes.
Hall--a private or public assembly area, such as, but not limited to, clubs, lodges,
and banquet halls.
Height--the vertical distance measured from grade to the highest point of the
building or structure. In reference to a building, height will be measured to the
surface of a flat roof, to the deck of a mansard roof, and to the average height
level between eaves and ridge for a gable, hip, or gambrel roof. (See Figure 1.)
10
Schedule A, City of Brandon Zoning By-law
Figure 1: Determining height of a building with a gable or hip roof.
6.
(b)
Heliport--an area of land, water or structure used or intended to be used for the
landing and takeoff of helicopters with appurtenant buildings and facilities.
Home-based business--a business accessory to a dwelling unit, its garage or its
accessory building and operated by a permanent resident of the dwelling unit.
Hotel--a use where accommodation is provided for transient lodgers, in an
individual room or apartment, with or without cooking facilities. Permitted
incidental uses may include but are not limited to restaurants, licensed beverage
rooms, banquet halls, ballrooms, and meeting rooms.
Junk or salvage yard--an open area where waste or scrap materials are bought,
sold, exchanged, stored, baled, packed, disassembled, or handled. A junk or
salvage yard includes an automobile wrecking or dismantling yard but does not
include uses established entirely within an enclosed building.
Laboratory--a use where scientific research is conducted which may involve
biological or chemical agents.
Lane--a street constructed and intended to provide a secondary means of access
to and service at the rear or side of dwellings, businesses, and other buildings, and
having a width of not more than 9.0m.
Livestock production operation--any agricultural operation where animals are
fed in pens, buildings, or in areas or enclosures not normally used for grazing or
pasturing of livestock. The following are not subject to the requirements for
livestock production operations unless they create a pollution problem:
1) Cattle wintering operations;
2) Livestock auction markets;
3) Agricultural fairs;
4) Livestock sale yards, in which livestock may be kept for a period not exceeding
10 days; or
5) The existing operations and facilities operated by the Government of Canada.
Live work unit--a dwelling unit where a business other than a permitted home
based business is operated by one or more residents and up to two employees.
The work portion of the dwelling unit is considered accessory and shall not exceed
50% of the floor area of the dwelling unit.
11
Schedule A, City of Brandon Zoning By-law
6.
(b)
Loading space--an off-street space on the same site with a building, or contiguous
to a group of buildings, for the temporary parking of a motor vehicle while loading
or unloading merchandise or materials, and which has access to a street or lane.
Low intensity agricultural activities--the non-intensive use of sites, buildings, or
structures for the production of crops.
Manufacturing, heavy--includes manufacturing, assembly and processing of
products and goods in an enclosed or outdoor facility, from which significant
emissions may be generated during the normal course of operations, as well as
operations with extensive outdoor operations or storage. Uses include, but are
not limited to, foundries, chemical plants and refineries.
Manufacturing, light--includes manufacturing, assembly and processing of
products and goods entirely contained within an enclosed facility, from which little
or no emissions are generated during the normal course of operations, and
outdoor storage is minimal. Uses include, but are not limited to, woodworking
shops, printing facilities and seed companies.
Manufacturing, limited--includes manufacturing, assembly and processing of
products and goods in an enclosed or outdoor facility, from which little or no
emissions are generated during the normal course of operations. Uses include, but
are not limited to, machine shops, mobile or modular home manufacturers and
concrete plants.
Manufacturing of goods for sale--light manufacturing where goods are produced
for sale in an associated commercial use on site. Goods produced for sale on site
may also be sold off site. Uses include but are not limited to microbreweries,
bakeries and artisan shops. [EN. B/L 7212]
Mobile home--a portable dwelling unit 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, C.C.S.M. C. B93 and amendments thereto.
Mobile/modular home park--a site upon which mobile/modular home spaces
are provided in accordance with this by-law.
Mobile/modular home space--a space in a mobile/modular home park for the
placement of a mobile or modular home.
Modular home--a portable dwelling unit similar to but distinct from a mobile
home, in that it may be folded, collapsed or telescoped when in tow, whose
chassis is not designed to accommodate wheels, but which may be extended for
additional space.
Motel--a use, not over two storeys in height, where sleeping accommodation is
provided for transient lodgers and in which there is an exit from each room or
suite of rooms directly to the outdoors with access to grade level. Permitted
incidental uses include but are not limited to restaurants, licensed beverage
rooms, banquet halls, ballrooms, and meeting rooms.
Motor vehicle--a motor vehicle as defined by the Province of Manitoba.
12
Schedule A, City of Brandon Zoning By-law
6.
(b)
Office--a building or part thereof used for the practice of a profession, business
or public administration that may include administrative and clerical functions. A
service to clients may also be provided, such as insurance brokerages, travel
agencies, and community resource centres. [AM. B/L 7304]
Owner--as defined in the Act which states that, in relation to property, a person
who is the owner of a freehold estate in the property, and includes a person who
is an owner with another person as joint tenant or tenant in common of a freehold
estate, a person who is the registered owner of a unit under The Condominium
Act, and a real owner as defined in The Municipal Assessment Act.
Parking area--an open area of land other than a street or lane, or an area within
a structure, used for the parking of motor vehicles, accessory to a principal use.
Parking facility--an area used for the parking of motor vehicles, and includes
parking spaces, aisles and site ingress and egress, developed at grade or in or on
a building or structure, serving a use or uses on abutting or nearby sites, available
for public use whether free or for compensation.
Parking space--that part of a site, building or structure on or in which a single
motor vehicle may be parked.
Partition--an interior non-load bearing wall one storey or part storey in height.
Party wall--a wall forming part of a building and used for separation of adjoining
buildings occupied, constructed, or adapted to be occupied by different persons
or businesses.
Pawn shop--a commercial establishment where money is loaned on security of
personal property left in pawn and pledged as collateral for the loan and where
such property may be redeemed by the seller in a fixed period of time or sold to
the general public. [AM. B/L 7239]
Personal service--a business predominantly providing a service directly to a
client, such as a hair salon, a spa or a dry-cleaning business. The sale of goods, if
applicable, shall be accessory to and related to the service business.
Place of worship--includes, but is not limited to, a church, synagogue, mosque,
and temple.
Planned unit development--a large, integrated development, developed under a
site design analysis, and located on a single site or contiguous sites. A planned unit
development provides an alternative to standards in this by-law, providing higher
standards and amenities that contribute to greater community benefits which are
not typically achieved under the standards established in this by-law.
Porch--a structure that is unenclosed, has a roof, stands against the side of a
building that faces a street but not a lane, and provides access to the first storey
of the building. [AM. B/L 7212]
Principal use--a primary activity of the site or building based on the proportion of
gross floor area.
Property--land and improvements on land, and includes an interest in land or an
improvement on land, and air, surface and subsurface rights and interests in
respect of land.
13
Schedule A, City of Brandon Zoning By-law
6.
(b)
Public walkway--a path or lane included for use of pedestrians only and located
other than within a street.
Radiocommunications facility--a structure that is intended for transmitting or
receiving television, radio, or telephone communications, excluding those used
exclusively for dispatch communications.
Rail terminal and yard--an area of land where freight or passenger trains are
stored, switched, loaded or unloaded.
Recreation facility, indoor--a private or public facility in which athletic activities
take place within a building or structure, and may include, but are not limited to,
indoor rinks, gymnasiums, and fitness clubs.
Recreation facility, outdoor--a private or public facility at which athletic activities
take place outside a building or structure, and may include, but are not limited to,
outdoor rinks, baseball diamonds, tennis courts, and lawn bowling.
Recycling centre--a centre for the collection, sorting, temporary storage, minor
baling, and distribution of recyclable material, such as glass, paper, cardboard,
metal cans, and plastic.
Satellite dish--an antenna capable of receiving a signal directly from a satellite
and, for the purpose of this by-law, will be considered to be a structure even if it
is mounted upon a trailer or other movable platform.
Secondary Plan--a by-law adopting a secondary plan for a planning district or
municipality under Part 4 of the Act.
Secondary suite--a dwelling unit that is self-contained, subsidiary to, and located
on the same site as a single detached dwelling that is owner occupied. The types
of secondary suites which shall be permissible are the following:
1) Attached suite, meaning a dwelling unit located in the same building as a single
detached dwelling;
2) Garage suite, meaning a detached dwelling unit located either above or beside
a detached garage; and
3) Detached suite, meaning a dwelling unit detached from both a single detached
dwelling and a detached garage.
Shipping container--a container designed to store and transport cargo by ship,
rail, or truck, whether or not it is actually used for such a purpose. Shipping
containers may also be known as cargo containers, intermodal containers, and sea
cans. For the purposes of this by-law, a shipping container does not have wheels,
and does not include a motor vehicle.
Sign--any text or image which is a structure or any part thereof, or is attached to,
painted on or in any other manner represented on or in a building or other
structure.
Sign, awning--a sign attached to or painted on an awning, projecting and
supported by a building.
Sign, bulletin board--a sign of permanent character, but with removable letters,
words, or numerals indicating the names of persons associated with, or events
conducted upon, or products or services offered within the site upon which such
14
Schedule A, City of Brandon Zoning By-law
sign is maintained, such as at a school, place of worship, community centre, and
similar uses.
6.
(b)
Sign, electronic--a sign or portion thereof that displays graphics, text or other
information in static or animated form, using illumination devices such as light
bulbs and light emitting diodes (LEDs), which may change automatically. Electronic
signs include projected images or messages onto buildings or other objects.
Sign, electronic off-premises--an electronic sign used in the manner of an off-
premises sign.
Sign, electronic on-premises--an electronic sign used in the manner of an on-
premises sign. [AM. B/L 7304]
Sign, fascia--a sign attached against the surface of, or against or within a recess
in the wall, a column, or other perpendicular portion of a building in a position
essentially parallel to the wall, column, or other perpendicular portion. A fascia
sign shall also mean any sign attached to the walls of two or more buildings and
spanning the spaces between said buildings.
Sign, off-premises--a sign directing attention to a business, commodity, service,
or entertainment conducted, sold or offered elsewhere than upon the same site
where the sign is maintained, including a billboard sign.
Sign, on-premises--a sign that identifies the business, institution, owner or
resident, or the street address, on the same site where the sign is maintained.
[AM. B/L 7304]
Sign, mobile--a type of temporary sign as defined in the City of Brandon
Temporary Sign By-law.
Sign, projecting--a sign other than a fascia sign, which is attached to a building
and extends beyond the exterior wall of the building or beyond the surface of that
portion of the building to which it is attached and projects, in whole or in part,
onto a street and shall include any sign located on its own base which is either
situated on, or projects onto, a street.
Sign, roof--a sign erected, constructed, and maintained wholly upon or over the
roof of any building with the principal support on the roof structure.
Sign, sandwich board--a type of temporary sign as defined in the City of Brandon
Temporary Sign By-law.
Sign surface area--the entire area within a single continuous perimeter enclosing
the extreme limits of writing, representation, emblem, or any figure of similar
character, including any frame or other material or color forming an integral part
of the display or used to differentiate such sign from the background against which
it is placed, excluding any pole type supports or uprights on which it is placed.
Where a sign has two or more faces, the area of all faces shall be included in
determining the area of the sign, except that where two such faces are placed
back to back and are at no point more than 1.0m from one another, the sign
surface area of the sign shall be taken as the surface area of one face if the two
faces are of equal area, or as the surface area of the larger face if the two faces
are of unequal area.
15
Schedule A, City of Brandon Zoning By-law
6.
(b)
Site--an area of land which
1) is a whole lot or block in a registered plan of subdivision, or the aggregate of
all contiguous land described in a single certificate of title,
2) is occupied or intended to be occupied by a principal use or by a use of a
building or group of buildings, together with accessory buildings and
structures as are provided for herein, along with such open spaces as are
required by this by-law,
3) has frontage on a street, or has any lawful means of access satisfactory to the
City Engineer, or as otherwise provided for in this by-law, and
4) is of sufficient size to provide for the minimum requirements of this by-law for
a permitted or conditional use in a zone where the use is located.
Site, corner--a site situated at the intersection of two streets, but not including a
lane, the interior angle of such intersection not exceeding 135 degrees. (See Figure
2.)
Site, interior--a site other than a corner site or a through site. (See Figure 2.)
Site, reverse corner--a corner site with the flanking street's site line which is
substantially a continuation of the front site line of the first site to its rear. (See
Figure 2.)
Site, through--a site having a pair of opposite site lines along two more or less
parallel streets, but not a lane. A through site shall be deemed to have two front
site lines. (See Figure 2.)
Figure 2: Corner, interior, reverse corner, and through sites.
Site area--the area contained within the site lines.
Site depth--the horizontal distance between the centre points in the front and
rear site lines.
Site frontage--all that portion of a site fronting on a street and measured
between side site lines.
Site line--the boundary of a site. Where it is not possible to determine site lines
according to these definitions, they shall be determined by the Director.
Site line, front--the site line along an existing or designated street, but not a lane.
For a corner site, it is the continuation of the front site line of the adjacent interior
site.
Site line, side--any site line which is not a front or rear site line.
16
Schedule A, City of Brandon Zoning By-law
6.
(b)
Site line, rear--the site line which is most nearly parallel to the front site line.
Where the side site lines intersect, such as a triangular site, a line 3.0m in length
within the site, parallel to and at the maximum distance from the front site line
shall be deemed the rear site line.
Site width--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 12.0m from the front site line, whichever is the lesser. (See Figure 3.)
Figure 3: Determining site width.
Snow disposal facility--a location where snow is stored as part of a snow removal
process or operation.
Steam/thermal generating plant--a building or portion thereof used for the
production of electrical power, and the method of production is through the
creation of heat or steam.
Storey--that portion of any building which is situated between the top of any floor
and the top of the floor next above it, and if there is no floor above it, that portion
between the top of such floor and the ceiling above it, but does not include any
portion of the building below a storey having its floor level not more than 2.0m
above grade. (See Figure 4.)
Figure 4: Determining the number of storeys in a building. The building to the left
is considered a one-storey building as the top of the upper floor is no more than
2.0m above grade. The building to the right is considered a two-storey building
as the top of the upper floor is more than 2.0m above grade.
17
Schedule A, City of Brandon Zoning By-law
6.
(b)
Street--any public right-of-way, including a highway, providing primary access to
an abutting site, used as a public thoroughfare for motor vehicles and pedestrians
including streets under construction or repair, and where the context so requires,
includes the whole of the area between the boundaries of the streets as recorded
in the Brandon Land Titles Office and includes all lanes.
Structure--anything constructed or erected with a fixed location on or below the
ground, or attached to something having a fixed location on the ground and
includes buildings, walls, fences, communications facilities, and similar items.
Supportive housing--a primarily residential facility designed to accommodate
individuals requiring varying levels of support for their daily needs, encompassing
social, physical, and mental health assistance, often providing on-site or off-site
services like counseling, education, and healthcare and staff supervision as
needed. [AM. B/L 7383]
Temporary building or structure--a building or structure that is located on a site
to facilitate the construction or development of the site on which such a building
or structure is located.
Thermally assisted drying and disinfection (TADD) system--a system which uses
elevated temperatures to disinfect livestock transport motor vehicles.
Taxi service--a taxicab business as defined under the Taxi By-law, and shall
include parking, repair and dispatch facilities.
Terrace--an unenclosed at-grade level space.
Truck--a motor vehicle that requires a Class 1 or 3 Manitoba driver's license or
equivalent to operate as regulated by the Province of Manitoba.
Truck terminal--a building or portion thereof where trucks as common carriers
are dispatched for compensation, or where freight handling facilities is provided.
Truck wash--a use that provides for the washing, cleaning, and polishing of trucks.
University and community college--a use where post-secondary education
programs are provided for enrolled students by an educational institution
authorized by the Province of Manitoba, and includes dormitory, food, athletic,
and recreation services for students and staff as well as research facilities.
Use--any purpose for which a building, structure or site may be designed,
arranged, intended, maintained, or occupied, or any activity, occupation,
business, or operation carried on, or intended to be carried on, in a building,
structure or site.
Utility--any corporation, City department, or other legal entity established for the
purpose of and engaged in supplying of a service to the community at large
through the distribution or collection of electrical energy, steam, gas, water,
wastewater, solid waste, refuse, or the supply of radiocommunication services.
Warehouse and storage facility--a building or portion thereof for the storage or
distribution of goods.
Water body--a body of flowing or standing water, whether naturally or artificially
created, and whether the flow or presence of water is continuous, intermittent or
occurs only during a flood, including but not limited to a lake, river, creek, stream,
slough, marsh, swamp and wetland, including ice on any of them.
18
Schedule A, City of Brandon Zoning By-law
6.
(b)
Yard--an open area between the exterior wall of a building and the boundaries of
the site on which it is located.
Yard, required--an open area, on the same site with a building or structure which
yard is unoccupied and unobstructed from its lowest level to the sky, except as
otherwise permitted herein. A required yard extends along a site line or wall to a
depth or width, measured from the site line or wall, specified in the yard
requirement for the zone in which such site is located.
Yard, required front--a required yard extending along the full length of the front
site line between the side site lines. (See Figure 5.)
Yard, required side--a required yard extending along the side site line from the
required front yard to the required rear yard. (See Figure 5.)
Yard, required corner side--a required side yard of a corner site that abuts a
street, but not a lane. (See Figure 5.)
Yard, required interior side--a required side yard which is adjacent to another
site, or to a lane separating such side yard from another site. (See Figure 5.)
Yard, required rear--a required yard extending along the full length of the rear
site line between the side site lines. (See Figure 5.)
Figure 5: Front, side and rear yards.
19
Schedule A, City of Brandon Zoning By-law
DIVISION 2: ADMINISTRATION
7.
DIRECTOR OF PLANNING & BUILDING SAFETY
(a)
The Director shall be the designated employee or officer in accordance with
section 184 of the Act to carry out the power and responsibility to administer,
interpret and enforce the provisions of this by-law and the Act.
(b)
The Director may issue zoning memoranda, non-conforming use certificates, or
such other documents necessary for the administration and enforcement of this
by-law.
(c)
The Director may grant or refuse a minor variance in accordance with section 11
of this by-law as well as the Act.
(d)
The Director is authorized to process and approve a minor subdivision application
in accordance with the Act.
(e)
The Director shall exercise the powers of remedy and enforcement set out in
DIVISION 3: ENFORCEMENT.
8.
DEVELOPMENT PERMITS
(a)
A development permit is required for any of the following:
(1)
Subject to subsection 8(e), the erection, construction, or placement of a
building, structure, or mobile/modular home;
(2)
The enlargement, alteration, or conversion of any building or structure;
(3)
The relocation, removal, or demolition of any building or structure;
(4)
The establishment of a use of a site, a building or structure;
(5)
The change, extension, or enlargement of a use of a site, a building or
structure;
(6)
The removal of soil or vegetation from a site, the excavation of a site, or
the deposit or stockpiling of soil or material on a site; and
(7)
Any other development as defined in the Act.
20
Schedule A, City of Brandon Zoning By-law
8.
(b)
Notwithstanding subsection 8(a), a development permit is not required for the
following:
(1)
Radiocommunications facilities, but subject to the "City of Brandon
Antenna Systems Protocol" adopted by the City, in compliance with
Industry Canada's Client Procedures Circular 2-0-03, Issue 5 and
subsequent amendments [AM. B/L 7212]; or
(2)
The erection, construction, enlargement, alteration, relocation, or placing
of the following as accessory structures:
(i)
Accessory buildings for the storage of domestic equipment and
supplies with a floor area of less than 10.0m2;
(ii)
Children's play equipment and playhouses;
(iii)
Components of an outdoor recreation facility;
(iv)
Fences, gates, arbors, and similar structures;
(v)
Flagpoles;
(vi)
Lighting;
(vii)
Unenclosed walks and terraces;
(viii)
Satellite dishes and radio antennae, as regulated in section 43;
(ix)
Signs as described in section 28 and subsection 31(a); and
(x)
Temporary buildings and structures as described in subsection
41(a).
(c)
Despite not requiring a development permit, all things listed in subsection 8(b)
shall be subject to the requirements of this by-law.
(d)
An application for a development permit shall be made by the owner of the
subject site or by another party with written consent by the owner.
(e)
The issuance of a development permit in respect of a building or structure does
not affect the obligation to obtain a building permit or any other permit required
in connection with the proposed work.
(f)
An application for a development permit shall be accompanied by
(1)
information prescribed in a development permit application checklist, and
(2)
the fee adopted by Council.
(g)
No person shall use or occupy any site, building, or structure, or erect, construct,
enlarge, alter, relocate, remove, demolish, or place any building or structure,
except in accordance with an approved development permit (where required),
and with this by-law.
21
Schedule A, City of Brandon Zoning By-law
8.
(h)
The Director shall withhold or refuse issuance of a development permit
(1)
As provided for in the Act,
(2)
Where the proposal would result in a violation of this by-law, as well as
any other law or City by-law, or
(3)
To any person who has failed to pay any fees due and owing to the City
under this by-law or any other City by-law.
(h.1)
The Director may withhold or refuse issuance of a development permit where the
site
(1)
(2)
(3)
Does not comply with this by-law,
Does not comply with any previously issued development permit on the
same site, or
Does not have a certificate of site completion for a previously issued
development permit on the same site. [EN. B/L 7212]
(i)
Where a development permit is withheld under clause 8(h)(1), 8(h)(2), or
subsection 8(h.1), and the applicant does not take measures to enable the
development permit to be issued, the development permit shall be cancelled sixty
(60) days after the date of which the development permit application was
accepted or as otherwise provided for in the Act. [AM. B/L 7212]
(j)
Where a development permit is withheld under clause 8(h)(3), the development
permit shall be cancelled six (6) months after the date of which the development
permit was ready to be issued.
(k)
A development permit may be revoked by the Director
(1)
Where any information accompanying the development permit
application is incorrect or incomplete and an existing or proposed building,
structure or use is thereafter found to be in contravention of this by-law
or any other law or City by-law, or
(2)
Where the development permit was issued in error.
(l)
Work under a development permit shall commence within one (1) year of the
issuance of the development permit. Construction shall be carried out in
accordance with all provisions of this by-law, all provisions as described on
approved plans and the development permit, including the anticipated
completion date which, as determined by the Director, shall be the development
permit expiry date.
22
Schedule A, City of Brandon Zoning By-law
9.
APPLICATIONS FOR ZONING BY-LAW AMENDMENTS
(a)
Subject to the procedure required under the Act, an amendment to this by-law
may be initiated by resolution by Council, or by application to the Director by the
owner of the subject site or by another party, acting on behalf of the owner, with
written consent of the owner.
(b)
An application for an amendment shall be accompanied by
(1)
information prescribed in a zoning by-law amendment application
checklist, and
(2)
the fee adopted by Council.
10.
APPLICATIONS FOR SUBDIVISIONS
(a)
An application for a subdivision of a site may be made by the owner of the subject
site or by another party, acting on behalf of the owner, with written consent of
the owner.
(b)
A subdivision application shall be accompanied by
(1)
information prescribed in a subdivision application checklist, and
(2)
the fee adopted by Council.
11.
APPLICATIONS FOR VARIANCES
(a)
An application for a variance may be made by the owner of the subject site or by
another party, acting on behalf of the owner, with written consent of the owner.
(b)
An application for a variance shall be accompanied by
(1)
information prescribed in a variance or conditional use application
checklist, and
(2)
the fee adopted by Council.
(c)
A variance application shall not be approved unless the applicant can demonstrate
that the proposal
(1)
will be compatible with the general nature of the surrounding area,
(2)
will not be detrimental to the health or general welfare of people living or
working in the surrounding area, or negatively affect other properties or
potential development in the surrounding area,
(3)
is the minimum modification of a zoning by-law required to relieve the
injurious effect of the zoning by-law on the applicant's property, and
(4)
is generally consistent with the applicable provisions of the Development
Plan, any applicable Secondary Plan and this by-law.
23
Schedule A, City of Brandon Zoning By-law
11.
(d)
Only the provisions of PART II: GENERAL PROVISIONS and PART III: PROVISIONS
FOR EACH ZONE may be subject to a variance order.
(e)
Additional conditions may be imposed to the affected site necessary to meet the
requirements of subsection 11(c).
12.
APPLICATIONS FOR CONDITIONAL USES
(a)
An application for approval of a conditional use may be made by the owner of the
subject site or by another party, acting on behalf of the owner, with written
consent of the owner.
(b)
An application for approval of a conditional use shall be accompanied by
(1)
information prescribed in a variance or conditional use application
checklist, and
(2)
the fee adopted by Council.
(c)
An application for approval of a conditional use shall not be approved unless the
applicant can demonstrate that the proposal
(1)
will be compatible with the general nature of the surrounding area,
(2)
will not be detrimental to the health or general welfare of people living or
working in the surrounding area, or negatively affect other properties or
potential development in the surrounding area, and
(3)
is generally consistent with the applicable provisions of the Development
Plan, this by-law and any applicable Secondary Plan.
(d)
Additional conditions may be imposed to the affected site necessary to meet the
requirements of subsection 12(c).
24
Schedule A, City of Brandon Zoning By-law
13.
PUBLIC OUTREACH
(a)
In addition to the notification requirements for public hearings as set forth in the
Act, public outreach shall be required for any of the following:
(1)
Any subdivision which is not a minor subdivision as defined under the Act;
(2)
A text or zoning map amendment to this by-law;
(3)
Any variance which is not a minor variance as defined within the Act; and
(4)
A conditional use as required in this by-law.
(b)
Notwithstanding subsection 13(a), public outreach is not required for the
following:
(1)
Any subdivision which is not a minor subdivision as defined in the Act,
which is within an approved Secondary Plan or Neighbourhood Plan;
(2)
A zoning map amendment to this by-law within an approved Secondary
Plan or Neighbourhood Plan;
(3)
A zoning map amendment to this by-law for any commercial or industrial
use within an appropriately classified area and not located within 100m of
any residences; and
(4)
A variance or conditional use to this by-law not resulting in the increase of
intensity or density of the use of a site.
(c)
Further to subsection 13(a) and notwithstanding subsection 13(b), public outreach
is required for all conditional uses within the CR Zone.
(d)
Where public outreach is required, the applicant shall provide notification in
writing of the application to residents within the surrounding area. The methods
and extent of notification may vary based on the intensity or density of the
application.
(e)
Methods for providing written notice to residents within the surrounding area
may include, but are not limited to, the following:
(1)
Distributing notices either by mail or in person;
(2)
Placing notices in common community areas;
(3)
Posting the property with an early notification sign; and
(4)
Advertising in advance and holding a public open house, workshop or
meeting.
(f)
The contents of a written notice or early notification sign shall include the
following:
(1)
The nature and description of the proposal;
(2)
Site and elevation plans (if applicable);
(3)
Date, time and location of public meeting (if required); and
(4)
Contact information for the applicant.
25
Schedule A, City of Brandon Zoning By-law
13.
(g)
Prior to the public hearing being scheduled, the applicant shall provide a
community participation report to the Director, and the report shall include the
following:
(1)
Method(s) of notification;
(2)
A list of properties that were notified;
(3)
A summary of comments or concerns;
(4)
A summary of any efforts to address those comments or concerns; and
(5)
If a public meeting is held, the date and location of the meeting.
14.
USES
(a)
No site, building or structure shall be used or occupied except for a use which is
(1)
listed in the use tables which apply to such site, building, or structure as
(i)
a permitted use, or
(ii)
a conditional use, subject to approval as such, or
(2)
is an accessory use.
(b)
Notwithstanding subsection 2(b), a use not listed in the use tables may be
approved by way of a variance provided the use meets the intent of the zone.
(c)
A use of site, building, or structure lawfully in existence at the date of enactment
of this by-law which is listed as a conditional use in the use tables applicable to
such site, building, or structure shall be deemed an approved conditional use.
(d)
The change, alteration, extension, or enlargement of an approved conditional use,
building, or structure shall not take place unless such change, alteration,
extension, or enlargement is approved as a conditional use.
(e)
Subject to all other requirements of this by-law, an accessory building or structure
is permitted in any zone when accessory to a principal use which is a permitted or
approved conditional use in that same zone, and for which a development permit
has been issued.
(f)
No accessory use shall be established, and no accessory building or structure shall
be constructed, erected, relocated, or placed, prior to the establishment of the
principal use of the site, building or structure to which it is accessory.
(g)
Notwithstanding subsection 14(f), an accessory garage or storage building may be
constructed, erected, relocated, or placed for the purpose of storage of materials
and equipment for use during construction of the principal building, provided that
a development permit has been obtained for the principal building.
26
Schedule A, City of Brandon Zoning By-law
DIVISION 3: ENFORCEMENT
15.
ENTRY FOR INSPECTION AND ENFORCEMENT
(a)
The Director may enter a site, a building or a structure
(1)
to conduct an inspection to determine if a person is complying with any of
the following:
(i)
this by-law; or
(ii)
the terms or conditions of a permit, approval or order made or
issued under the Act or this by-law, and
(2)
to take any action authorized under the Act or this by-law to enforce or
remedy a contravention of any matter referred to in clause 15(a)(1).
(b)
When conducting an inspection, the Director may
(1)
request that anything be produced to assist in the inspection,
(2)
make copies of anything related to the inspection, and
(3)
on providing a receipt, remove a record, document or other item related
to the inspection.
(c)
No person may interfere with Director who is conducting an inspection or
enforcement action pursuant to this by-law or the Act
(d)
An inspection or enforcement action under this Division shall take place at a
reasonable time and after reasonable notice has been given to the owner or
occupier of the site, building or structure. The Director may enter the site or
building in question only with the consent of the occupier or under authority of a
warrant issued under section 177 of the Act.
(e)
The Director shall, upon request, produce identification showing that he or she is
authorized by the City to conduct the inspection or enforcement action.
(f)
In an emergency, or in extraordinary circumstances, the Director is not required
to give reasonable or any notice to enter the site, building or structure, and may
take any inspection or enforcement action without the consent of the owner or
occupier of the site, building or structure and without a warrant.
27
Schedule A, City of Brandon Zoning By-law
16.
ORDER TO REMEDY CONTRAVENTION
(a)
The Director may issue a written order requiring the person to remedy the
contravention if the Director finds that a person is contravening
(1)
this by-law, or
(2)
the terms or conditions of a permit, approval or order made or issued
under the Act or this by-law.
(b)
The order may
(1)
direct the person to stop doing something, or to change the way in which
the person is doing it,
(2)
direct the person to take any action or measure necessary to remedy the
contravention and, if necessary, to prevent a recurrence of the
contravention,
(3)
state a time within which the person must comply with the order, and
(4)
state that if the person does not comply with the order within the specified
time, the City may take any action required to remedy the contravention,
without further notice, and at the expense of the person. [AM. B/L 7212]
17.
REVIEW BY BY-LAW COMPLIANCE STANDARDS COMMITTEE
(a)
A person against whom an order is made under this section may submit a request
to the By-law Compliance Standards Committee to review same by making a
written request to the City Clerk no later than fourteen (14) days after the date on
which the order was made.
(b)
After receiving the written request to review the order, a hearing shall be held no
later than 15 days following the filing of the request whereby the Committee shall
receive representations from the appellant and the Director and may confirm,
vary or rescind the order. [AM. B/L 7212]
(c)
Any person affected by a decision or order of the Committee on an appeal made
to it, may appeal from a decision or order to a judge of the Court of Queen's Bench.
[EN. B/L 7212]
28
Schedule A, City of Brandon Zoning By-law
18.
PENALTIES
(a)
Every person is guilty of an offence who contravenes
(1)
this by-law, or
(2)
the terms or conditions of a permit, approval or order made or issued
under the Act or this by-law.
(b)
When a contravention continues for more than one day, the person is guilty of a
separate offence for each day the offence continues.
(c)
If a corporation commits an offence under subsection 18(a), a director or officer
of the corporation who authorized, permitted or acquiesced in the commission of
the offence is also guilty of an offence and is liable on summary conviction to the
penalties set out in clause 18(d)(1), whether or not the corporation has been
prosecuted or convicted.
(d)
Every person who is guilty of an offence under this by-law is liable, on summary
conviction,
(1)
in the case of an individual, to a fine of not more than $5,000.00, or
imprisonment for a term of not more than six (6) months, or both, and
(2)
in the case of a corporation, to a fine of not more than $20,000.00.
29
Schedule A, City of Brandon Zoning By-law
PART II: GENERAL PROVISIONS
DIVISION 1: APPLICATION OF REGULATIONS
19.
APPLICATION OF REGULATIONS
Except where otherwise noted, this part shall apply to all sites, buildings, structures, and
uses in all zones in the City.
20.
LAWFULLY NON-CONFORMING DWELLING UNITS
Dwelling units established without the proper approvals prior to April 9, 2001 shall be
deemed lawfully non-conforming under this by-law. Dwelling units deemed as lawfully
non-conforming under this by-law shall meet the requirements of the Building Safety and
Property Standards By-law.
21.
DEVELOPMENTS SUBJECT TO PROVINCIAL AND FEDERAL REGULATIONS
The Director shall determine if development permit applications are subject to statutory
requirements and regulations as provided by the Province of Manitoba or the
Government of Canada. Where a development permit application is subject to provincial
or federal legislation, the owner, prior to a development permit being issued, may be
required to seek the approval of the provincial or federal authority having jurisdiction,
and provide proof of approval from the authority having jurisdiction.
30
Schedule A, City of Brandon Zoning By-law
DIVISION 2: OBSTRUCTIONS AND SPECIAL YARDS
22.
YARD REQUIREMENTS
(a)
The owner of a site shall maintain the minimum site area and yards required
herein for any use. The minimum site area and yards allocated to a use as required
by this by-law shall not by virtue of change of ownership, or for any other reason,
be used to satisfy the minimum yard or site area requirements for any other use.
(b)
Where more than one principal building or structure will exist on a site, the
required yards on the boundary of the site shall not be less than the yards required
in the zone in which the site is located, nor shall the distance between the
buildings or structures be less than the sum of the required interior side yards.
(c)
Where dwelling units are erected or constructed above commercial uses, no side
yards are required other than as specified for the commercial building.
(d)
A site area, site width or required yard reduced below the minimum requirements
of this by-law by virtue of a public work, street, or utility shall be deemed to
conform to the requirements of this by-law.
23.
SPECIAL REGULATIONS FOR ZONE BOUNDARIES
(a)
Where a side site line in a C or EI Zone abuts a side site line in an adjacent R Zone,
a special side yard of at least 3.0m in width along the entire side site line shall be
provided for all principal and accessory buildings and structures adjacent to the R
Zone boundary.
(b)
Where a side site line in an I Zone abuts a side site line in an adjacent R Zone, a
special side yard of 7.6m in width along the entire side site line shall be provided
for all principal and accessory buildings and structures adjacent to the R Zone
boundary.
(c)
Outdoor storage, outdoor operations, parking areas and loading spaces shall not
be permitted within the special side yard required in subsection 23(a) or (b).
(d)
A solid opaque fence 1.2m in height shall be provided and maintained along the
side site line which forms the zone boundary extending from the front site line to
the depth of the required front yard of the subject site, and a solid opaque fence
1.8m in height shall be provided and maintained along the remaining portion of
the side site line which forms the zone boundary.
31
Schedule A, City of Brandon Zoning By-law
23.
(e)
Where a side site line in a C or EI Zone abuts a rear site line in an adjacent R Zone,
a side yard of at least 3.0m shall be provided for all principal and accessory
buildings and structures adjacent to the zone boundary.
(f)
Where a side site line in an I Zone abuts a rear site line in an adjacent R, PR, or OS
Zone, a side yard of at least 3.0m shall be provided for all principal and accessory
buildings and structures adjacent to the zone boundary.
(g)
A solid opaque fence 1.8m in height shall be provided along the entire side site
line which forms the zone boundary described in subsections 23(e) and (f).
(h)
Where a rear site line in a C or EI Zone abuts a side or rear site line in an adjacent
R Zone, a rear yard of at least 7.6m shall be provided for all principal and accessory
buildings and structures adjacent to the zone boundary.
(i)
Where a rear site line in an I Zone abuts a side or rear site line in an adjacent R, PR
or OS Zone, a rear yard of at least 15.2m shall be provided for all principal and
accessory buildings and structures adjacent to the zone boundary.
(j)
A solid opaque fence 1.8m in height shall be provided along the rear site line which
forms the zone boundary described in subsections 23(h) and (i).
(k)
Where permitted, outdoor storage of goods and materials shall not project above
the height of a fence required in subsection 23(g) or (j).
32
Schedule A, City of Brandon Zoning By-law
24.
PERMITTED OBSTRUCTIONS IN REQUIRED YARDS
(a)
The obstructions listed as "P" in TABLE 1: PERMITTED OBSTRUCTIONS IN
REQUIRED FRONT YARDS shall be permitted in a required front yard. Obstructions
listed as "NP" shall not be permitted in the required front yard.
TABLE 1: PERMITTED OBSTRUCTIONS IN REQUIRED FRONT YARDS
Obstruction
Zones
R
C, D
I
EI
PR,
OS, A,
DR
Aircraft landing strips
NP
NP
NP
NP
P
Architectural features
P
P
P
P
P
Balconies--no part of balcony, including eaves,
- Closer than 4.0m to site line
- Projecting no more than 1.5m
P
NP
NP
P
NP
P
NP
P
NP
P
Chimneys, bay windows, alcoves, and similar
cantilevered
projections--each
projection
projecting no more than 1.5m, maximum floor
area of 4.6m2; total combined projections on
each storey shall not exceed 40.0% of the length
of the façade, excluding the façade of a single
storey attached garage
P
P
P
P
P
Decks
NP
NP
NP
NP
NP
Exterior wall finishing--to a maximum depth of
0.08m
P
P
P
P
P
Overhanging eaves and gutters--projecting no
more than 0.6m
P
P
P
P
P
Play equipment and components of an outdoor
recreation facility--no closer than 1.5m to site
line
P
P
P
P
P
Porches--no part of a porch, except for an
additional 0.6m for overhanging eaves and
gutters,
- Closer than 4.6m to site line
- Closer than 3.0m to site line
P
NP
NP
P
NP
P
NP
P
NP
P
Ramps and steps--not exceeding 1.5m in height
P
P
P
P
P
Terraces, uncovered walks, driveways, trees,
trellises, and similar landscape elements
P
P
P
P
P
[AM. B/L 7212, AM. B/L 7239]
33
Schedule A, City of Brandon Zoning By-law
24.
(b)
The obstructions listed as "P" in TABLE 2: PERMITTED OBSTRUCTIONS IN
REQUIRED SIDE YARDS shall be permitted in a required side yard. Obstructions
listed as "NP" shall not be permitted in any required side yard.
TABLE 2: PERMITTED OBSTRUCTIONS IN REQUIRED SIDE YARDS
Obstruction
Zones
R
C, D
I
EI
PR,
OS, A,
DR
Aircraft landing strips
NP
NP
NP
NP
P
Architectural features
P
P
P
P
P
Balconies, including eaves:
- No closer than 1.2m to interior site line
or 1.5m to corner site line
- Projecting no more than 1.5m
P
P
NP
P(1)
NP
NP
NP
P
NP
P
Chimneys, bay windows, alcoves, and similar
cantilevered
projections--each
projection
projecting no more than 1.5m but no closer than
0.6m to site line, maximum floor area of 4.6m2;
total combined projections on each storey shall
not exceed 40.0% of the length of the façade,
excluding the façade of a single-storey attached
garage
P
P
P
P
P
Decks--no closer than 0.6m to site line
P(3)
NP
NP
NP
P
Exterior air conditioning units, heat pumps, pool
filters, and similar mechanical equipment--no
closer than 4.6m to an openable window of a
habitable room on an adjacent site
P
P
P
P
P
Exterior wall finishing--to a maximum depth of
0.04m
P
P
P
P
P
Play equipment and components of an outdoor
recreation facility--no closer than 1.5m to site
line
P
P
P
P
P
Porches--no part of a porch, except for an
additional 0.6m for overhanging eaves and
gutters, closer than 1.5m to corner site line or
1.2m to interior site line
P
P
P
P
P
Ramps and steps--not exceeding 1.5m in height
P
P
P
P
P
Stairways: no closer than 0.6m to interior site
line
P
P
P
P
P
34
Schedule A, City of Brandon Zoning By-law
TABLE 2: PERMITTED OBSTRUCTIONS IN REQUIRED SIDE YARDS
Obstruction
Zones
R
C, D
I
EI
PR,
OS, A,
DR
Overhanging eaves and gutters:
- Eaves projecting no more than 0.6m;
gutters no closer than 0.3m to site line
- Projecting no more than 1.5m
P(2)
NP
P
NP
NP
P
NP
P
NP
P
Terraces, uncovered walks, driveways, trees,
trellises, and similar landscape elements
P
P
P
P
P
Notes to Table 2:
(1)
Where the required side yard is a minimum width of 3.0m.
(2)
Where the required side yard is a minimum width of 1.2m.
(3)
Decks may be built up to the side site line provided that the side site line adjacent to
the deck is completely contained within a common party wall.
[AM. B/L 7212, AM. B/L 7239, AM. B/L 7248]
24.
(c)
The obstructions listed as "P" in TABLE 3: PERMITTED OBSTRUCTIONS IN
REQUIRED REAR YARDS shall be permitted in a required rear yard. Obstructions
listed as "NP" shall not be permitted in any required rear yard.
TABLE 3: PERMITTED OBSTRUCTIONS IN REQUIRED REAR YARDS
Obstruction
Zones
R
C, D
I
EI
PR,
OS, A,
DR
Aircraft landing strips
NP
NP
NP
NP
P
Architectural features
P
P
P
P
P
Balconies, including eaves
- No closer than 6.0m to site line for any
dwellings on separate titles except in the
RLL Zone
- No closer than 1.2m to site line for all other
dwelling types
- Projecting no more than 1.5m
P
P
P
NP
NP
P(1)
NP
NP
NP
NP
NP
P
NP
NP
P(1)
35
Schedule A, City of Brandon Zoning By-law
TABLE 3: PERMITTED OBSTRUCTIONS IN REQUIRED REAR YARDS
Obstruction
Zones
R
C, D
I
EI
PR,
OS, A,
DR
Chimneys, bay windows, alcoves, and similar
cantilevered
projections--each
projection
projecting no more than 1.5m, maximum floor
area of 4.6m2; total combined projections on
each storey shall not exceed 40.0% of the length
of the façade, excluding the façade of a single
storey attached garage
P
P
P
P
P
Decks--no closer than 0.6m to site line
P
P
NP
NP
P
Exterior air conditioning units, heat pumps, pool
filters, and similar mechanical equipment--no
closer than 4.6m to an openable window of a
habitable room on an adjacent site
P
P
P
P
P
Exterior wall finishing--to a maximum depth of
0.08m
P
P
P
P
P
Overhanging
eaves
and
gutters--eaves
projecting no more than 0.6m
P
P
P
P
P
Play equipment and components of an outdoor
recreation facility--no closer than 1.5m to site
line
P
P
P
P
P
Ramps and steps--not exceeding 1.5m in height
P
P
P
P
P
Stairways--no closer than 0.6m to site line
P
P
P
P
P
Terraces, uncovered walks, driveways, trees,
trellises, and similar landscape elements
P
P
P
P
P
Notes to Table 3:
(1)
Where the required side yard is a minimum width of 6.0m.
(2)
A barbed wire extension, adding a maximum additional height of 0.3m, is permitted
in the IG and IH Zones.
[AM. B/L 7212, AM. B/L 7239]
36
Schedule A, City of Brandon Zoning By-law
25.
CORNER VISIBILITY TRIANGLES
Notwithstanding anything else contained in this by-law, at the intersection of streets, no
fence, wall, structure, hedge, shrubs, or other landscape element shall be placed in such
a manner as to produce a fence effect or obstruction between the heights of 0.8m and
2.5m within a triangular shaped area bounded by two (2) site lines, each of which is
adjacent to a street, with a straight line connecting the two (2) site lines at points no closer
than 3.0m from the intersection of the site lines. (See Figure 6.)
Figure 6: Corner visibility triangle at the intersection of streets and lanes.
37
Schedule A, City of Brandon Zoning By-law
DIVISION 3: PARKING
26.
REQUIRED PARKING AND LOADING SPACES
(a)
Accessory off-street parking and loading spaces shall be provided and maintained
in accordance with TABLE 4: REQUIRED PARKING AND LOADING SPACES.
TABLE 4: REQUIRED PARKING AND LOADING SPACES
Use
Minimum Number of
Required Parking Spaces
Minimum Number of
Required Loading Spaces
Detached dwellings
One (1) for every dwelling
unit
N/A
Duplex dwellings
Mobile and modular homes
Row house dwellings with
each dwelling unit on
separate titles
Secondary suites
Semi-detached dwellings
Multiple dwellings
0.5 for every dwelling unit
with one (1) or fewer
bedrooms and a dwelling
unit area of 56.0m2 or less; or
1.0 for every dwelling unit
with two (2) or more
bedrooms or a dwelling unit
area greater than 56.0m2; 1.0
parking space/affordable
dwelling unit, regardless of
unit area or number of
bedrooms
Row house dwellings with
dwelling units not on
separate titles
Boarding houses
One (1) for every four (4)
residents, owner and/or
employees
Supportive housing
Auction markets
One (1) for every 30.5m2 of
floor area in excess of
93.0m2, two (2) spaces
minimum
One (1) for every 1,860.0m2
of floor area up to 7,429.0m2,
and one (1) for every
additional 4,640.0m2
Commercial establishments
Personal services
Eating and drinking places
One (1) for every four (4)
seats or one (1) for every
4.6m2 of customer service
area, whichever is greater,
six (6) spaces minimum
Banks and bank machines
38
Schedule A, City of Brandon Zoning By-law
TABLE 4: REQUIRED PARKING AND LOADING SPACES
Use
Minimum Number of
Required Parking Spaces
Minimum Number of
Required Loading Spaces
Government offices and
facilities
One (1) for every 46.5m2 of
floor area
One (1) for a floor area of
1,860.0-18,579.0m2, and one
(1) for every additional
18,580.0m2
Laboratories
Offices
Police and fire stations
Medical clinics
Four (4) for every doctor or
four (4) for every office,
whichever is greater
Hotels and motels
One (1) for every unit
N/A
Farm products distribution
and sales
One (1) for every 93.0m2 of
floor area
One (1) for 1,860.0m2 of floor
area up to 9,290.0m2; one (1)
for each additional 4,650.0m2
Manufacturing
Warehouses and storage
facilities
Utilities and public works
buildings primarily devoted
to the storage of mechanical
equipment
One (1) for every 465.0m2 of
floor area
Bus and rail passenger
terminals
Ten (10) spaces
To be determined by the
Director
Elementary and junior high
schools
One (1) for every two (2)
academic staff, one (1) for
every four (4) employees
One (1) for a floor area of
929.0-9,289.0m2, and one (1)
for every additional
9,290.0m2
High schools
One (1) for every two (2)
academic staff, one (1) for
every four (4) employees and
one (1) for every six (6)
students
Business and technical
schools, training centres
One (1) for every two (2)
academic staff, one (1) for
every four (4) employees,
and one (1) for every five (5)
students
Universities and community
colleges
Arts and cultural centres
One (1) for every 46.5m2 of
floor area
Community centres and
halls(1)
One (1) for every 9.2m2 of
floor area used for assembly
Convention and exhibition
centres
39
Schedule A, City of Brandon Zoning By-law
TABLE 4: REQUIRED PARKING AND LOADING SPACES
Use
Minimum Number of
Required Parking Spaces
Minimum Number of
Required Loading Spaces
Funeral homes(1)
One (1) for every 5 seats, 10
minimum
Outdoor stadiums and
grandstands(1)
One (1) for every four (4)
seats
Theatres
Places of worship(1)
One (1) for every 5 seats in
the principal assembly area,
10 minimum, and one (1) for
every three (3) employees
Indoor recreation facilities
Five (5) for every bowling
alley or curling sheet, one (1)
for every 9.2m2 of floor area
used for recreation, and one
(1) for every employee
One (1) for a floor area of
1,860.0-18,579.0m2, and one
(1) for every additional
18,580.0m2
Outdoor recreation facilities
Ten (10) spaces
N/A
Other uses
As determined by the Director except that all conditional
uses shall be decided by Council pursuant to the Act
Notes to Table 4:
(1)
In stadiums, sports arenas, places of worship, and similar assembly areas in which
those in attendance occupy benches, pews, or other similar seating facilities, each
0.5m length of such seating type shall be counted as one (1) seat for the purpose of
determining the accessory off-street parking spaces. In cases where an assembly area
has both fixed seats and open assembly area, the requirements shall be computed
separately for each type and added together. In cases where movable seats or chairs
are used in an assembly area, seating capacity shall be determined on a basis of one
(1) seat for every 0.6m2 of assembly area.
[AM. B/L 7304, AM. B/L 7383]
40
Schedule A, City of Brandon Zoning By-law
26.
(b)
A business in a CN Zone which will likely generate minimum parking requirements
which can be accommodated on adjacent streets without impact upon
neighbouring sites, may have the minimum parking space requirements under
TABLE 4: REQUIRED PARKING AND LOADING SPACES waived in writing at the
discretion of the Director for an unlimited period of time. Such written waiver is
subject to review by the Director should complaints be received from occupants
or owners of adjacent sites and the Director may require compliance with the
provisions of this Division.
(c)
When a building or structure accommodates more than one permitted or
approved conditional use, the requirements for accessory off-street parking
spaces for the whole building or structure shall be the sum of the required number
of accessory parking spaces for the separate parts of the building or structure
occupied by the separate uses.
(d)
Of the total number of parking spaces required in TABLE 4: REQUIRED PARKING
AND LOADING SPACES and subsection 26(c), a minimum number shall be
accessible parking spaces in accordance with TABLE 5: REQUIRED ACCESSIBLE
PARKING SPACES.
TABLE 5: REQUIRED ACCESSIBLE PARKING SPACES
Total Number of Required Parking Spaces
Minimum Number of Accessible Parking Spaces
Twenty-five (25) or less
One (1)
Twenty-six (26) to fifty (50)
Two (2)
Fifty-one (51) to seventy-five (75)
Three (3)
Seventy-six (76) to one hundred (100)
Four (4)
One hundred and one (101) to one hundred and
fifty (150)
Five (5)
One hundred and fifty-one (151) to two hundred
(200)
Six (6)
Two hundred and one (201) to three hundred
(300)
Seven (7)
Three hundred and one (301) to four hundred
(400)
Eight (8)
Four hundred and one (401) to five hundred
(500)
Nine (9)
Five hundred and one (501) to one thousand
(1,000)
2% of total
Over one thousand (1,000)
Twenty (20) plus one (1) for every one hundred
(100) over one thousand (1,000) required parking
spaces
41
Schedule A, City of Brandon Zoning By-law
26.
(e)
When a use, building, or structure is enlarged, or a use is extended or changed,
the number of accessory parking and loading spaces shall reflect the enlarged use,
building, or structure, or extended or changed use.
(f)
When any building, structure, or use in existence prior to the adoption of this by
law is subsequently damaged or destroyed, and is reconstructed, re-established,
or repaired, the accessory off-street parking or loading spaces maintained at the
time of such damage or destruction shall be restored or continued in operation.
(g)
Off-street parking is not required for accessory uses, buildings or structures. [EN.
B/L 7212]
27.
MINIMUM PARKING AND LOADING AREA REQUIREMENTS
(a)
Parking spaces shall be sized in accordance with TABLE 6: MINIMUM PARKING
AREA REQUIREMENTS.
TABLE 6: MINIMUM PARKING AREA REQUIREMENTS
Type of Parking
Width(1)
Length(1)
Minimum Aisle
Width
Angled parking
75 to 90 degrees
2.7m
6.1m
6.1m
50 to 74 degrees
5.5m
Less than 50 degrees
3.7m
Angled accessible parking
3.9m
6.1m(2)
Same as above
Parallel parking
2.7m
6.7m
3.0m
Parallel accessible parking
3.9m
6.7m
3.0m
Notes to Table 6:
(1)
The dimensions of each parking space shall be exclusive of access driveways, aisles,
ramps and columns, landscaped areas, and office or work areas.
(2)
Notwithstanding note (1), the length of an angled accessible parking space may be
reduced so that accessible parking spaces may conform to intermeshing parking
patterns.
(b)
Loading spaces shall be of a minimum size of 3.7m x 7.5m.
(c)
Driveways shall have a minimum width of
(1)
6.1m for two-way traffic, and
(2)
3.0m for one-way traffic.
42
Schedule A, City of Brandon Zoning By-law
27.
(d)
Each parking and loading space shall have
(1)
clear unobstructed access to an aisle, of a width in accordance with TABLE
6: MINIMUM PARKING AREA REQUIREMENTS, the aisle having clear access
to a street or another parking area by means of a driveway, or
(2)
where the parking or loading space is accessed directly from a street or
lane, clear unobstructed access to the street or the lane by means of a
driveway.
(e)
Notwithstanding clause 27(d)(2), where a parking space in R Zones is accessed
directly from a street by means of a driveway, the site may have no more than two
(2) parking spaces in the front yard, including required parking spaces, or have
parking take up to 50% of the front yard area, whichever is lesser. [AM. B/L 7212,
7383]
(f)
[deleted] [AM. B/L 7212, AM. B/L 7383]
(i)
Loading spaces are not permitted in any required front or side yard in R, C and D
Zones, as well as in any required rear yard in R Zones. [AM. B/L 7239]
28.
PARKING AND LOADING AREA SIGNAGE
(a)
Signs designating entrances and exits are limited to a maximum size of 0.6m2 in
sign surface area, and to one (1) sign for every entrance or exit.
(b)
One (1) sign of a maximum of 3.0m2 in sign surface area designating the conditions
of parking and identity of the parking area are permitted; on a corner site, two (2)
such signs, one (1) facing each street, but not a lane, are permitted.
(c)
All accessible parking spaces must be clearly marked in accordance with the City
of Brandon Traffic By-law and signed in accordance with The Accessibility for
Manitobans Act and its associated regulations.
(d)
All visitor parking spaces must be clearly marked and signed.
(e)
Freestanding signs shall not be closer than 0.3m to any site line.
43
Schedule A, City of Brandon Zoning By-law
29.
OTHER PARKING REQUIREMENTS
(a)
All accessory off-street parking and loading spaces shall be located on the same
site as the use served, and such spaces shall be solely for the parking of
automobiles of employees, occupants, patrons or visitors of such uses. However,
the Director may allow some or all of the required off-street parking to be
provided on an alternate site subject to the following criteria:
(1)
At the Director's discretion, the alternate site is abutting or is directly
across the street or lane from the site, or, where the site is located in a D
Zone, the alternate site is within 400m walking distance of the site; [AM.
B/L 7239]
(2)
At the Director's discretion, the demand for parking spaces for the uses is
not likely to occur at the same time;
(3)
The total supply of parking on the subject and alternate sites meets the
minimum parking requirements for both sites;
(4)
The alternate site is available for a time period equal to that of the
approved uses;
(5)
A safe and convenient pedestrian connection is provided between the
subject and alternate sites;
(6)
The alternative parking arrangement does not detrimentally affect the
existing neighbourhood character; and
(7)
The alternative parking arrangement shall be secured by way of an
easement agreement registered on the titles of both the subject and
alternate sites. [AM. B/L 7212]
(b)
Parking and loading areas and driveways shall be surfaced with either asphalt,
concrete or paving brick prior to issuance of a certificate of site completion or
within one (1) year of the issuance of the development permit, whichever is
sooner, except
(1)
in IG, IH, PR, OS, A and DR zones,
(2)
where loading spaces are in a storage area enclosed with a fence in the
rear yard of a site, or
(3)
where parking and loading areas are accessed directly from a gravel street,
lane or private street in existence at the time of adoption of this by-law.
[AM. B/L 7212]
(c)
Except for detached, semi-detached and duplex dwellings, parking and loading
areas shall be provided with barrier curbs, fencing, bumper guards, wheel stops,
or masonry walls to prevent a motor vehicle from encroaching onto abutting sites
or streets.
(d)
Bumper guards, wheel stops, masonry walls, or fences shall be maintained in good
condition at all times, and shall have no signs attached to such structures other
than those permitted in section 28.
44
Schedule A, City of Brandon Zoning By-law
29.
(e)
Accessory off-street loading spaces provided for a use shall be solely for the
loading and unloading of motor vehicles and shall not be used to satisfy the space
requirements for any accessory off-street parking space.
(f)
An accessory parking or loading space shall not be used for motor vehicle repair
work.
(g)
Buildings or structures may be permitted within parking areas as shelters for
guards, attendants, or watchmen; however, said buildings or structures shall not
occupy any required accessory parking or loading spaces.
30.
DOWNTOWN PARKING REQUIREMENTS
(a)
Notwithstanding TABLE 4: REQUIRED PARKING AND LOADING SPACES, accessory
off-street parking is not required for any use in D Zones.
(b)
Notwithstanding subsection 30(a), accessible parking must still be included within
parking facilities in accordance with TABLE 5: REQUIRED ACCESSIBLE PARKING
SPACES based on the number of parking spaces provided within the facility.
(c)
Drive-through facilities shall not be permitted in D Zones.
(d)
Notwithstanding Subsection 30(a), where a proposed use generates over fifty (50)
parking spaces, according to Table 4, that cannot be provided on site, the Director
may require a parking management study to demonstrate solutions to the
additional parking demand and mitigate negative impacts on the area parking
supply.
[AM. B/L 7239]
45
Schedule A, City of Brandon Zoning By-law
DIVISION 4: SIGNAGE
31.
SIGNS
(a)
Unless otherwise specified, the following types of signs shall be permitted without
a development permit; however, this shall not relieve the owner or person in
control of such signs from erecting and maintaining the signs in a safe and good
condition:
(1)
For detached, semi-detached and duplex dwellings, and mobile/modular
homes, one (1) on-premises sign not exceeding 0.2m2 in sign surface area
that may indicate the name of the occupant and the civic address of the
dwelling. On a corner site, one (1) on-premises sign facing each street, but
not a lane, shall be permitted; [AM. B/L 7304]
(2)
Signs required to be maintained by law or governmental order, rule, or
regulation;
(3)
Commemorative or memorial signs or tablets of bronze, brass, stone, or
other non-combustible material when built into or attached to the walls of
a building or other structure provided such tablets bear no more than the
name of the owner, the name and use of the building, the date of erection
of the building, or imagery or text commemorating a person or event;
(4)
Barber poles, where such a use is permitted, when affixed to a building or
structure;
(5)
Signs of a duly constituted governmental body, including traffic or
regulating devices, legal notices, railway crossing, danger, and other
emergency signs;
(6)
Campaign signs pursuant to the City of Brandon Traffic By-law, The Canada
Elections Act and The Elections Act (Manitoba);
(7)
In EI, PR and OS Zones, illuminated or non-illuminated directional signs not
exceeding 2.8m2 in sign surface area;
(8)
Signs as described in section 28; and
(9)
All signs that are regulated by the City of Brandon Temporary Sign By-law.
(b)
All other types of signs shall conform to the requirements in TABLE 7: SIGN
REQUIREMENTS.
46
Schedule A, City of Brandon Zoning By-law
31.
(c)
Notwithstanding subsection 31(b), other types of signs and off-premises may be
permitted at the discretion of Council.
TABLE 7: SIGN REQUIREMENTS
Sign Type
Zones
Total Sign Surface
Area
Height
Location
On-premises
sign,
freestanding
R Zones(1)
Maximum 3.0m2
Maximum
4.5m
Minimum 1.5m from
site line
C and I
Zones
Maximum 38.0m2
(2)
Maximum
13.0m
Minimum 1.5m from
site line(3)
D Zones
Maximum 7.0m2,
maximum 3.0m2 for
multiple dwellings
in the DMU Zone
Maximum
2.5m
0.0m setback(4)
On-premises
sign, fascia
R Zones(1)
Maximum 3.0m2
N/A
1 per building face
C and I
Zones
Maximum 20% of
the area of the
building face
Not to
exceed 1.0m
above the
parapet or
roof line
Maximum 0.3m
extension from
building face, not to
extend beyond any
site lines
D Zones
Maximum 20% of
the area of the
building face,
maximum 3.0m2 for
multiple dwellings
in the DMU Zone
Not to
exceed 1.0m
above the
parapet or
roof line
Maximum 0.3m
extension from
building face
On-premises
sign,
freestanding or
fascia(5)
EI, PR, and
OS Zones
9.3m2 maximum
Maximum
4.5m(6)
Minimum 1.5m from
site line
A Zones
2.3m2 maximum
On-premises
sign for public
neighbourhoods
or subdivisions
All Zones
Design approved by Council
On-premises
sign for private
residential
subdivisions or
multiple-building
developments
R and C
Zones
Maximum 3.0m2
Maximum
2.0m
Minimum 1.5m from
site line
47
Schedule A, City of Brandon Zoning By-law
TABLE 7: SIGN REQUIREMENTS
Sign Type
Zones
Total Sign Surface
Area
Height
Location
On-premises
sign, roof
CAR, CHW,
IG and IH
Zones
20% of the area of
the building face,
maximum 38.0m2
Maximum
18.5m
Shall not project
beyond the building
face of the building on
which it is mounted
Off-premises
sign,
freestanding
CG, CAR,
CHW, and I
Zones
Maximum 92.0m2
Maximum
13.0m
Not permitted in any
required yard
Off-premises
sign, roof
CAR, CHW,
IG and IH
Zones
Maximum 92.0m2
Maximum
18.5m
Shall not project
beyond the building
face of the building on
which it is mounted
Projecting signs
C (except
CG) and I
Zones
Maximum 12.0m2
Minimum
2.6m,
maximum
12.0m, not
to exceed
1m above
parapet or
roof line(7)
No portion of a
projecting sign shall
project beyond the
site lines
CG and D
Zones
If permitted, no
portion of a projecting
sign shall encroach
more than 3.6m into a
street, or have a
horizontal clearance
of less than 0.6m from
that portion of a
street used by
vehicular traffic
Awning signs
C (except
CG), I, PR
and OS
Zones
Maximum 20% of
the area of the
building face, not
exceeding 1.5m2
for each 1.0m of
total length of
awning
On awning or
canopy
No portion of an
awning sign shall
project beyond the
site lines
CG and D
Zones
If permitted, no
portion of an awning
sign shall encroach
more than 3.6m into a
street, or have a
horizontal clearance
of less than 0.6m from
that portion of a
street used by
vehicular traffic
48
Schedule A, City of Brandon Zoning By-law
Notes to Table 7:
(1)
For all uses except detached, semi-detached and duplex dwellings, and row house
dwellings with dwelling units on separate titles. For row house dwellings with dwelling
units not on separate titles, and multiple dwellings, only one (1) sign per building face
may indicate the name, address and telephone number of the landlord or leasing
agent.
(2)
Any site with a floor area of greater than 10,000.0m2 shall be permitted one additional
sign or an additional sign surface area of 38.0m2 on an existing freestanding on-
premises sign for every additional 10,000.0m2 of floor area.
(3)
A freestanding sign may be located directly adjacent to any site line, provided the sign
does not produce a sight obstruction between the heights of 0.8m and 2.5m above
grade where the sign is located.
(4)
Freestanding signs shall also adhere to Note 2 of TABLE 14: DOWNTOWN BULK AND
SITING REQUIREMENTS.
(5)
On a PR Zone site with a site area greater than 30.0ha, a freestanding on-premises
sign with sponsor recognition is permitted with a maximum sign surface area of
40.0m2 and a maximum height of 13.0m.
(6)
Where the sign is a freestanding sign only.
(7)
Minimum height shall be measured from grade or sidewalk level to the lowest point
on the sign or supporting structure.
[AM. B/L 7304]
31.
(d)
A building or site may have more than one (1) sign, provided the total sign surface
area for each type of sign is not exceeded.
(e)
Notwithstanding subsection 31(d), a building or site in a C (except for CR), I or EI
Zone may have only one (1) bulletin board sign with a maximum sign surface area
of 4.7m2 as part of a freestanding on-premises sign or a fascia on-premises sign.
[AM. B/L 7212, AM. B/L 7304]
(f)
Notwithstanding subsection 31(d), a building or site in an D Zone may have only
one (1) bulletin board sign with a maximum sign surface area of 4.7m2 as part of a
freestanding on-premises sign, a fascia on-premises sign or a projecting sign. [AM.
B/L 7304]
(g)
The total sign surface area for all fascia and roof signs combined shall not exceed
20% of each building face.
49
Schedule A, City of Brandon Zoning By-law
31.
(h)
An electronic sign as well as any other sign which is animated, flashing, or contains
an operating rotating beam or beacon shall not be permitted in an R, CN, CR, PR,
OS, DR, or A Zone, as well as any heritage building, site or streetscape.
(1)
Where permitted, such signs shall not be located within 92.0m of the
boundary of any R Zone.
(2)
Clause 31(h)(1) shall not apply to an electronic on-premises sign that is not
visible from any R Zone site within 30.0m of the electronic on-premises
sign.
(3)
Clause 31(h)(1) shall not apply to an electronic off-premises sign that is not
visible from any R Zone site within 92.0m of the electronic off-premises
sign. [AM. B/L 7212, AM. B/L 7304]
(i)
No sign shall be erected, re-erected, or structurally altered which may interfere
with, obstruct the view of, or be confused with any authorized traffic signal or
device.
(j)
All signs and sign structures shall be maintained in good condition and repair. All
signs which are not maintained in good condition and repair, or are abandoned,
shall be removed or repaired within thirty (30) days after notice has been given by
the Director, and if in default, the City may, without further notice, remove the
sign and charge the owner for the removal costs.
(k)
No mobile sign or portion thereof may be converted into a permanent sign, or
incorporated into an existing permanent sign.
(l)
All signs shall be maintained structurally sound and free from all hazards caused
or resulting from decay or failure of structural members, fixtures, lighting or
appurtenances. All sign area, background, copy and lighting shall be maintained in
readable and clean condition, and the site of the sign shall be maintained free of
weeds, debris and rubbish.
(m)
No sign shall be placed in a manner that, in the opinion of the Director, may
obstruct any window opening, door opening, passageway, fire escape, walkway,
vehicular driveway, or similar feature, or the vision of persons using streets or
sidewalks abutting the site.
(n)
When a sign no longer directs persons to or advertises a business, owner, tenant,
product or activity conducted, or product in existence or available on the site
where the sign is displayed (or in existence on a separate site when indicated on
an off-premises sign), the owner shall promptly remove the sign face or letters
within fourteen (14) days of such change.
50
Schedule A, City of Brandon Zoning By-law
32.
ELECTRONIC SIGNS
(a)
Clause 31(h)(1) and subsections 33(b) and 33(d) shall not apply to electronic on-
premises sign components displaying only fuel prices on the site of an automotive
service station or only time and temperature. [AM. B/L 7304]
(b)
Where an electronic sign except for an electronic on-premises sign component
described in subsection 32(a) is installed on a site, no bulletin board sign, mobile
sign or sandwich board sign shall be permitted on the site. [AM. B/L 7304]
(c)
An electronic sign shall be equipped with automatic dimming technology that
automatically adjusts the sign's brightness in direct correlation with ambient light
conditions so that the electronic sign is not a nuisance or safety issue as
determined by the Director.
(d)
An electronic sign may be single-sided or double-sided.
(e)
All electronic signs shall comply with the latest edition of Transportation
Association of Canada's "Digital and Projected Advertising Displays: Regulatory
and Road Safety Assessment Guidelines", subject to the approval of the City
Engineer. [AM. B/L 7212]
33.
ELECTRONIC ON-PREMISES SIGNS
(a)
An electronic on-premises sign may be located only in the CG, CAR, CHW, D, I and
EI Zones.
(1)
The electronic on-premises sign may display animation and frame effects,
but flashing shall not be permitted.
(b)
Notwithstanding subsections 31(h) and 33(a), an electronic on-premises sign may
be located on a site in the RMD or RHD Zone provided that the principal use of the
site is not residential in nature.
(1)
Clauses 31(h)(1) and (2) shall still apply.
(c)
One (1) electronic on-premises sign may be located on a site.
(1)
The site shall have a minimum site frontage of 30.0m.
(2)
The electronic on-premises sign shall be at least 30.0m from another
electronic on-premises sign.
(3)
No electronic on-premises sign shall be located on a site that already has
an electronic off-premises sign.
(d)
The maximum sign surface area of an electronic on-premises sign shall be 4.7m2.
[AM. B/L 7304]
51
Schedule A, City of Brandon Zoning By-law
34.
ELECTRONIC OFF-PREMISES SIGNS
(a)
All electronic off-premises signs shall require conditional use approval.
(b)
An electronic off-premises sign may be located only where off-premises signs are
permitted in accordance with TABLE 7: SIGN REQUIREMENTS.
(c)
An electronic off-premises sign shall only display static images before
instantaneously transitioning to another static image. Animation, frame effects,
flashing and the appearance of any movement whatsoever shall not be permitted.
(d)
One (1) electronic off-premises sign may be located on a site.
(1)
The electronic off-premises sign shall be at least 92.0m from another
electronic off-premises sign.
(2)
No electronic off-premises sign shall be located on a site that already has
an electronic on-premises sign.
(e)
The maximum sign surface area of an electronic off-premises sign shall be 18.6m2.
[AM. B/L 7212, AM. B/L 7304]
52
Schedule A, City of Brandon Zoning By-law
DIVISION 5: OTHER USES IN RESIDENTIAL DWELLINGS
35.
SECONDARY SUITES
(a)
Where permitted, a site shall have not more than one (1) secondary suite.
(b)
Secondary suites shall not be separated from the principal detached dwelling
upon the site through subdivision.
(c)
Secondary suites and boarding houses shall not be located on the same site.
(d)
[deleted] [AM. B/L 7383]
(e)
Where listed in the use tables as a permitted use, attached suites shall conform to
the following regulations:
(1)
The maximum floor area occupied by an attached suite shall not exceed
40% of the floor area of the principal detached dwelling upon the site,
excluding the garage floor area and common space, or 80.0m2, whichever
is less; and
(2)
Where an attached secondary suite has an exterior entrance separate from
that of the principal detached dwelling upon the site, the entrance to the
suite shall be located on a side or rear wall of the principal dwelling.
(f)
Garage suites and detached suites shall conform to the following regulations:
(1)
The maximum floor area of the garage suite or detached suite shall not
exceed 70.0m2, or 60% of the floor area of the principal single detached
dwelling, whichever is less;
(2)
Garage suites and detached suites shall only be located to the rear of a
detached single detached dwelling;
(3)
Required yards for garage and detached suites shall be in accordance with
those for a single detached dwelling in the same zone;
(4)
Notwithstanding clause 35(f)(3), where the rear of a site abuts a lane, the
minimum required rear yard for a garage suite or detached suite shall be
3.0m;
(5)
Garage suites and detached suites shall be located a minimum of 3.0m
from the principal detached dwelling upon the site;
(6)
The maximum height of a building with a garage suite located above a
detached garage shall be 6.5m, or the height of the principal detached
dwelling, whichever is less;
(7)
The maximum height of a building with a detached suite, or a garage suite
located beside a detached garage, shall be 4.0m; and
(8)
The minimum site area containing either a garage suite or a detached suite
shall be 367.0m2.
53
Schedule A, City of Brandon Zoning By-law
36.
HOME-BASED BUSINESSES
(a)
A home-based business shall operate fully within a dwelling unit, its garage or its
accessory building, and, except for a motor vehicle used for the business or sign
in accordance with this by-law, there shall be no external indication of a home-
based business on the site.
(b)
The character of the zoning district in which the home-based business is located
shall not be detrimentally affected by any environmental impact or public safety
concerns generated by the use.
(c)
For the purposes of this by-law, daycares, secondary suites and boarding houses
shall not be deemed to be home-based businesses.
(d)
A home-based business may occur in any dwelling unit, secondary suite, or
mobile/modular home but not in a boarding house.
(e)
A site with a home-based business may have no more than one (1) non-resident
employee or non-resident business partner working on the property where the
home-based business is located. [AM. B/L 7304]
(f)
A site with a home-based business may have a maximum of one (1) motor vehicle
associated with the home-based business, and such a motor vehicle shall be
consistent with the general nature of a residential area, including but not limited
to cars, sport utility vehicles and minivans.
54
Schedule A, City of Brandon Zoning By-law
36.
(g)
All sites with home-based businesses shall conform to the requirements set out in
TABLE 8: HOME-BASED BUSINESS REQUIREMENTS.
TABLE 8: HOME-BASED BUSINESS REQUIREMENTS
On-site clients
Maximum two (2) clients at a time, or, for an instructional
service, maximum five (5) pupils at a time(1)
Parking(2)
- Clients
o Bed & breakfast, or
o Other clients
- Business motor vehicle, or
non-resident employee
Minimum one (1) parking space for every guest room
Maximum two (2) parking spaces(3)
Maximum one (1) parking space
Maximum floor area
- Dwelling unit
- Garage
and
accessory
building
Total 30.5m2 or 25% of the dwelling unit and, where applicable,
a secondary suite, but not including an attached garage,
whichever is less(1)
Total 46.5m2 except for required parking in a garage
Signage(4)
Maximum one (1) non-illuminated fascia sign on a site up to
0.2m2 in sign surface area indicating the name of the business
Notes to Table 8:
(1)
The maximum number of guests and floor area of a bed and breakfast shall be
determined as conditions of conditional use approval.
(2)
In addition to any other required parking spaces on the site for dwelling units and
secondary suites, where applicable.
(3)
a)
For sites where required parking spaces are accessed only from a front site line,
parking spaces for clients may be within the required front yard of the site and
may be in a tandem arrangement with other required parking spaces, provided
that the parking spaces for clients have clear unobstructed access to a street.
b)
For multiple and row house dwelling sites, on-site visitor parking spaces may
be counted as parking spaces for clients.
(4)
Permitted only in detached, semi-detached and duplex dwellings, and mobile/modular
homes.
55
Schedule A, City of Brandon Zoning By-law
DIVISION 6: OTHER SITE PROVISIONS
37.
HEIGHT EXCEPTIONS
In all zones, the following shall not be considered as obstructions and therefore may
exceed the maximum height as specified in the bulk and siting tables for each zone:
(a)
Chimneys and flues;
(b)
Elevator and stair bulkheads;
(c)
Flagpoles, aerials, antennae, and spires;
(d)
Parapet walls not more than 1.2m in height above the roof of the building where
the parapet wall faces a street but not a lane; or
(e)
Radiocommunications facilities.
37.1
MANUFACTURING OF GOODS FOR SALE
Manufacturing of goods for sale shall comply with the following requirements:
(a)
The gross floor area of the use shall be no more than 465.0m2;
(b)
At least 10% of the gross floor area shall be dedicated to an associated commercial
use; and
(c)
Notwithstanding subsection 37.1(a), where the gross floor area of the associated
commercial use exceeds 930.0m2, the manufacturing gross floor area shall be less
than the gross floor area of the associated commercial use. [EN. B/L 7212]
56
Schedule A, City of Brandon Zoning By-law
38.
OUTDOOR STORAGE AND INDUSTRIAL OPERATIONS
(a)
With the exception of motor vehicle, marine and farm implement sales and rental,
outdoor storage shall not be permitted in any required yard that abuts a street,
but not a lane, and storage and utility areas shall be screened by opaque fencing
of a height of 1.8m.
(b)
Outdoor industrial operations and storage of raw materials shall only be permitted
in IH Zones, subject to the following conditions:
(1)
The outdoor industrial operations and storage of raw materials shall not
be greater than 75% of the total site area; and
(2)
The outdoor industrial operations and storage of raw materials shall not
be permitted in the required front yard or the required corner side yard.
(c)
Lighting of utility areas shall be arranged so that it does not illuminate directly
onto adjacent sites or streets.
(d)
Where permitted by right or by approved conditional use, a snow disposal facility
shall not be located within the following areas:
(1)
350.0m of the boundary of any R Zone; and
(2)
200.0m of any water body.
(e)
All snow disposal facilities shall comply with the latest edition of Transportation
Association of Canada's "Syntheses of Best Management Practices Road Salt
Management: Snow Storage and Disposal Guidelines".
38.1
ELECTRIC VEHICLE CHARGING STATIONS
(a)
Levels 1 and 2 electric vehicle charging stations are permitted as accessory uses in
all zones, and may be placed to charge electric vehicles parked in required parking
spaces.
(b)
Levels 3 and 4 electric vehicle charging stations are permitted where automotive
service stations are also permitted, either as an accessory use or as part of an
automotive service station.
(1)
Where installed as an accessory use, Levels 3 and 4 electric vehicle
charging stations may be placed to charge electric vehicles parked in
required parking spaces.
[EN. B/L 7304]
57
Schedule A, City of Brandon Zoning By-law
39.
FENCES AND RETAINING WALLS
(a)
Fences and retaining walls shall, in any zone, be no more than
(1)
1.2m in height in any required front yard, and
(2)
1.8m in height in any required side or rear yard.
(b)
Security fences are permitted in a C (except for CN and CR) or I Zone subject to the
following:
(1)
The barbed wire extensions
(i)
are at least 1.8m above grade,
(ii)
are no more than 2.4m above grade,
(iii)
shall not project beyond the site,
(iv)
shall not abut any R Zone site,
(v)
are not adjacent to any street except a lane, and
(vi)
are no closer to a front or corner side site line than a principal
building, or in any required front or corner side yard, whichever is
greater; and
(2)
A landscaped buffer or an alternative design for the security fence is
provided for any portion of security fence parallel to and visible from a
street but not a lane, unless there is an existing residential use across the
lane.
(c)
Electric fences shall only be permitted in IG, IH and A Zones.
(d)
None of the restrictions under this section shall apply to a correctional facility in
the EI Zone. [AM. B/L 7212]
(e)
Notwithstanding Subsection 39.(a), where a corner or reverse corner site has a
detached or semi-detached dwelling, said dwelling's front entrance faces the
corner or reverse corner side yard, and, if applicable, the driveway to the
dwelling's required parking space is from the corner or reverse corner side yard,
the maximum height of a fence in the site's required front yard, except within the
required corner or reverse corner side yard, shall be 1.8m, and the maximum
height of a fence in the site's required corner or reverse corner side yard shall be
1.2m. [EN. B/L 7304]
58
Schedule A, City of Brandon Zoning By-law
40.
REFUSE CONTAINERS
(a)
All uses shall be provided with refuse containers on the same site as the use. The
provision of a shared refuse container on an abutting site may be considered
provided a shared waste disposal agreement is secured by way of an easement
agreement registered on all affected titles.
(b)
Refuse containers shall be screened by opaque fencing, equal in height to the
refuse container.
41.
TEMPORARY BUILDINGS, STRUCTURES AND USES
(a)
Temporary buildings, structures, and uses are permitted on a site in connection
with construction or development on the site, provided that a development
permit is issued and valid for the construction and development of the site, and
only for the following purposes:
(1)
Office space for the contractor, developer, or project supervisor;
(2)
Temporary accommodation for a caretaker or watchman; or
(3)
Storage of construction materials and equipment.
(b)
Notwithstanding subsection 41(a), a temporary building used as a classroom is
permitted, subject to a development permit, on a site where a school already
exists.
(c)
Temporary buildings, structures, and uses shall not be detrimental to public
health, safety, convenience, and general welfare.
(d)
Temporary buildings, structures, and uses established under subsection 41 (a)
shall be removed within one (1) month of the completion of construction or
development on the site.
(e)
Temporary buildings and structures shall not exceed 93.0m2 in gross floor area
and one (1) storey or 5.5m in height.
59
Schedule A, City of Brandon Zoning By-law
42.
SHIPPING CONTAINERS
Shipping containers shall only be permitted where outdoor storage, rail terminals and
yards, and truck terminals are permitted by right or by approved conditional uses, or
serving as temporary buildings or structures on a site in accordance with subsection 41(a).
42.1
EXTERIOR UTILITY CABINETS
Exterior utility cabinets, where connected to overhead utility facilities in a street, are
permitted within the required rear or interior side yard of a site in an R Zone subject to
the following:
(a)
Minimum 0.3m setback from a rear or interior side site line, clear of all projections,
if the cabinet is no more than 1.8m in height and does not have any horizontal
dimension exceeding 1.0m;
(b)
Minimum 1.2m setback from a rear or interior side site line if the cabinet is no
more than 1.8m in height and has any horizontal dimension exceeding 1.0m but
not exceeding 2.0m; and
(c)
The same setback requirements as a principal building from a front, corner side,
or reverse corner side site line, or from all sites lines if the cabinet is more than
1.8m in height or has any horizontal dimension exceeding 2.0m. [AM. B/L 7212]
43.
SATELLITE DISHES
(a)
No person shall erect or maintain in any zone any satellite dish antenna, unless
the following requirements can be fulfilled:
(1)
A satellite dish is permitted within any side yard or rear yard of a site,
except where it may obstruct the light or view from the window of a
habitable room of a building located on an adjacent site;
(2)
Despite clause 43(a)(1), no portion of the satellite dish shall be located
closer than 1.5m to the site line;
(3)
Where a satellite dish is structurally attached to a principal or accessory
building, the vertical clearance between the exterior roof finish and the
bottom extremity of the dish shall not exceed 1.0m; and
(4)
Where a satellite dish is structurally attached to a mast, truss, or other
similar freestanding structure, the clearance between grade and the
bottom extremity of the dish shall not exceed the height of the principal
building.
60
Schedule A, City of Brandon Zoning By-law
43.
(b)
Where the owner can demonstrate to the satisfaction of the Director that strict
compliance with the requirements specified in subsection 43(a) would prevent
effective reception of a satellite signal, these requirements shall not apply. In such
cases, the owner shall provide an alternative location for approval, with a suitable
position and height that least affects the owners of adjacent sites.
44.
URBAN AND LANDSCAPE DESIGN
Design of sites, landscaping, buildings and structures shall be in accordance with
SCHEDULE C: URBAN & LANDSCAPE DESIGN STANDARDS MANUAL.
45.
LIVESTOCK PRODUCTION OPERATIONS
No livestock production operations shall be permitted in the City.
46.
MUNICIPAL SERVICES
All principal buildings and structures constructed on a site served by public or private
water, wastewater, storm sewer, or hydro distribution shall be connected to such
services. Water, wastewater, and storm sewer connections shall be made within the time
limit specified in the City of Brandon Water and Wastewater Control By-law.
47.
STREETS AND LANES
(a)
All sites shall have frontage on a street, but not on a lane.
(b)
Notwithstanding subsection 47(a), where Council shall deem it reasonable and
appropriate, Council may permit a use to be established or a building to be
constructed upon sites having frontage on a private road provided that the private
road intersects with a street, but not a lane.
(c)
Where a private road is provided to serve a residential development, the road
shall be registered as a common element as defined in The Condominium Act
(Manitoba).
(d)
All private roads shall be hardsurfaced, and shall be developed in accordance with
the latest edition of the Transportation Association of Canada's "Geometric
Design Guide for Canadian Roads" as supplemented by the City of Brandon's
"Roadway Design Standards".
(e)
All other standards for private roads shall be in accordance with section 3 of
Schedule B of Regulation 137/2006 under the Act.
61
Schedule A, City of Brandon Zoning By-law
47.
(f)
No building or structure shall be erected upon any site designated for a future
street. Any development adjacent to the future street shall comply with the
requirements of this by-law as if the future street was already in existence.
48.
PLANNED UNIT DEVELOPMENTS
(a)
For a planned unit development, the provisions of the bulk and siting tables for
the particular zone, as well as this Part, shall not apply, with the exception of this
section. The design of a planned unit development shall produce an environment
of stable and desirable character and shall incorporate higher standards and
amenities that contribute to greater community benefits which are not typically
achieved under the standards established in this by-law.
(b)
A conditional use application for the establishment of a planned unit development
shall be accompanied by the following information:
(1)
Those requirements normally required for a conditional use application as
listed in subsection 12(b);
(2)
The proposed alternative standards and the existing standards that will be
superseded by the alternative standards; and
(3)
A site design analysis which addresses the following:
(i)
The general benefits of the development to the community as a
whole;
(ii)
The effect on any adjacent neighbourhoods;
(iii)
The effect on the skyline, views, and vistas in all directions;
(iv)
The effect on the natural environment, such as surface and sub
surface water resources, increases in surface run-off and flooding,
soil erosion, and vegetation;
(v)
The effect on safety and general welfare;
(vi)
The effect on transportation systems;
(vii)
The effect on City water, wastewater, and storm drainage systems;
and
(viii)
The economic costs and benefits to the City.
62
Schedule A, City of Brandon Zoning By-law
PART III: PROVISIONS FOR EACH ZONE
DIVISION 1: RESIDENTIAL
49.
RESIDENTIAL ZONES
The following residential zones are hereby established:
Code Zone Name
RLL
Residential Large
Lot
RLD
Residential Low
Density
RMD Residential
Moderate
Density
RHD
Residential High
Density
RMH Residential
Mobile/Modular
Home
[AM. B/L 7383]
Description
Provides for the development of low density detached
dwellings on large sites with or without City sewer and
water services
Provides for the development of low density detached,
semi-detached, duplex, row house and multiple dwellings
with up to four (4) dwelling units on City serviced sites
Provides for the development of medium rise, moderate
density buildings with multiple dwellings on City serviced
sites
Provides for the development of high-rise, high density
buildings with multiple dwellings on City serviced sites
Provides for an area for the placement of mobile or
modular homes on spaces within a mobile/modular home
park, which are sold or leased to the mobile/modular home
park owner, within a plan registered in the Brandon Land
Titles Office
63
Schedule A, City of Brandon Zoning By-law
50.
RESIDENTIAL USE REGULATIONS
TABLE 9: RESIDENTIAL USE TABLE lists all uses in the following manner:
P =
Permitted;
C =
Conditional use; and
NP=
Not permitted.
TABLE 9: RESIDENTIAL USE TABLE
Uses
Zones
RLL
RLD
RMD
RHD
RMH
Assembly areas
C
C
C
C
C
Boarding houses
C
C
C
C
NP
Child care
- Home day care
- Group day care
P
C
P
C
P
C
P
C
P
C
Commercial
- Personal services, commercial establishments and
offices supportive of a permitted principal use
- Commercial conversions
NP
C
NP
C
NP
C
C
C
NP
C
Communications--radiocommunications facility
P
P
P
P
P
Dwellings
- Detached dwellings
- Semi-detached dwellings
- Duplex dwellings
- Row house and multiple dwellings
o Buildings with four (4) or fewer dwelling units
located on a corner site
o Buildings with three or four dwelling units
located on an interior site with a developed lane
o Buildings with three or four dwelling units
located on an interior site with no developed
lane
o Buildings with five (5) or more dwelling units on
a site
- Mobile/modular homes
- Secondary suites
P
NP
NP
NP
NP
NP
NP
NP
P
P
P
P
P
P(1)
C(1)
NP
NP
P
P
P
P
P
P
P
P
NP
P
P
P
P
P
P
P
P
NP
P
NP
NP
NP
NP
NP
NP
NP
P
NP
Government offices and facilities
C
C
C
C
C
Personal care, retirement and convalescent homes
C
C
C
C
NP
Places of worship
C
C
C
C
C
Planned unit development
C
C
C
C
C
Recreational facilities
- Parks and playgrounds
P
P
P
P
P
64
Schedule A, City of Brandon Zoning By-law
TABLE 9: RESIDENTIAL USE TABLE
Uses
Zones
RLL
RLD
RMD
RHD
RMH
Recycling
- Collection depot
P
P
P
P
P
Schools
- Kindergartens and nurseries
C
C
C
C
C
Supportive housing
- Four (4) or fewer persons per dwelling unit
- Five (5) or more persons per dwelling unit
P
C
P
C
P
C
P
C
P
C
Utilities and services
- Police and fire stations
P
P
P
P
P
- Reservoirs and water towers
P
P
P
P
P
- Utilities and public works
P
P
P
P
P
Notes to Table 9:
(1)
Minimum 12.1m site width required for buildings with three (3) dwelling units,
minimum 15.2m site width required for buildings with four (4) dwelling units.
[AM. B/L 7212, AM. B/L 7248, AM. B/L 7383]
65
Schedule A, City of Brandon Zoning By-law
51.
RESIDENTIAL BULK AND SITING REQUIREMENTS
Development in all residential zones shall conform to the bulk and siting requirements set
out in TABLE 10: RESIDENTIAL BULK AND SITING REQUIREMENTS.
TABLE 10: RESIDENTIAL BULK AND SITING REQUIREMENTS(1)
Permitted and
conditional uses
Minimum
Maximum
Site area
(m2)
Site
width
(m)
Front
yard
(m)(2)(3)
Side yard (m)(3)
Rear yard (m)(3)
Dwelling
unit area
(m2)(4)
Distance from
principal
building (m)
Height(5)
Density
(units/ha)
Interior
Corner
Lane
No
lane
Height
(m)
Storeys
Detached dwellings in
RLL Zone
4,048.0(6)
22.8
7.6
4.6
4.6
9.1
9.1
75.0(7)
N/A
11
2.5
N/A
Detached dwellings in all
other zones
232.0
7.6
6.0
1.2(8)
3.0(9)
7.6
7.6(10)
75.0(7)
N/A
11
2.5
N/A
Dwellings on separate
titles with common party
walls
232.0
7.6
6.0
1.2(8)(11)
3.0(9)
7.6
7.6(10)
(11)
75.0
N/A
11
2.5
N/A
All other RLL Zone uses
4,048.0(6)
22.8
7.6
4.6
4.6
9.1
9.1
75.0
N/A
11
2.5
N/A
All other RLD Zone uses
232.0
7.6
6.0
1.2(8)
3.0(9)
7.6(12)
7.6(12)
18.0
N/A
11
2.5
N/A
All other RMD Zone uses
670.0
18.2
6.0
3.0(13)
3.0(9)
7.6
7.6
18.0
N/A
14.0(14)
3.0(14)
86.0
All other RHD Zone uses
930.0
30.4
6.0
4.6
4.6
4.6
6.0(15)
18.0
N/A
43.0
12.0
148.0
Mobile/modular homes
in RMH Zones with
separate titles
372.0
12.1
4.5
1.2
3.0(9)
4.5
4.5(16)
N/A
N/A
5.5
1.5
N/A
Accessory
Uses(17)
N/A
N/A
7.6
1.2(11)
(18)(19)
3.0(20)
(21)
1.5(22)
0.6(21)
N/A
1.2
4.0
N/A
N/A
Notes to Table 10:
(1)
The maximum site coverage of all principal buildings is 50%.
(2)
For any portion of the principal building on a RLD site that is not a garage or carport,
the required front yard may be reduced by up to 25% of the average front yards of
buildings on the adjacent sites, but shall be no less than 4.6m. For any portion of the
principal building on a RMD or RHD site that is not a garage or carport, the required
front yard may be reduced to 4.6m.
(3)
For group buildings located on one site, see subsection 22(b).
(4)
Where permitted, the cumulative area of the sleeping rooms for a boarding house shall
be limited to a maximum of 50% of the gross floor area of the dwelling.
(5)
The maximum building height shall be the lesser of either metres or storeys.
(6)
Or as required by provincial regulations for private sewage disposal systems,
whichever is greater.
(7)
Floor area exclusive of basements, cellars, and accessory buildings and structures.
(8)
Where motor vehicle access is obtained from the front street, one of the required side
yards shall be increased to a minimum of 3.0m, clear of all projections, except eaves
and gutters, in order to be used as a required parking space. Where the access is to an
attached garage or carport, however, the required side yards shall be the same as that
required for the principal building.
66
Schedule A, City of Brandon Zoning By-law
Notes to Table 10 (continued):
(9)
The required corner side yard of a reverse corner site shall be a minimum of 4.6m.
Where identified in an approved neighbourhood plan and in consultation with utility
companies, the required corner side yard may be reduced to 2.0m.
(10)
The required yard may be reduced to 6.0m, clear of all projections except for
overhanging eaves and gutters, provided that all the required parking and loading
spaces are provided elsewhere on the site and site access is exclusively from the front
site line.
(11)
A required side yard or rear yard, on the side having a common party wall, may be
reduced to 0.0m, provided the side or rear site line is completely contained within the
common party wall.
(12)
Where a two-storey principal building is proposed on a rectangular shaped interior
site, and both adjacent sites have rear yards greater than 12.1m, the required rear
yard of the site shall increase to 25% of said average rear yard, but may be no more
than 12.1m.
(13)
The required interior side yard may be reduced to 1.2m if the building contains four (4)
or less dwelling units, and is no greater than 11.0m or 2.5 storeys, whichever is less, in
height.
(14)
The maximum building height may be increased to 19.0m or 4.0 storeys, whichever is
less, for sites with an area greater than 3,500.0m2.
(15)
Where the site abuts a RLL zone, the required rear yard shall be a minimum of 7.6m.
(16)
Where the rear yard is adjacent to a residential zone with a greater required rear yard,
the greater required rear yard of the neighboring zone shall apply.
(17)
No accessory building or structure shall exceed the height and site coverage of the
principal building on the same site.
(18)
Except when located to the rear of the principal building on the site and to the rear of
the principal building on the nearest adjacent site, in which case the required side yard
may be reduced to 0.3m, clear of all projections.
(19)
The minimum required interior side yard for accessory buildings which have direct
access onto a lane shall be 1.5m.
(20)
Minimum 4.6m in the RHD Zone.
(21)
When an accessory building or structure is located in the required rear yard of a
reverse corner site, the building or structure shall not be located nearer to the street
side site line than 80% of the required front yard of the interior site abutting the rear
site line of the subject site, nor closer than 1.5m to the rear site line, if there is no lane
between the sites.
(22)
The minimum required rear yard for accessory buildings which do not have direct
access onto a lane shall be 0.6m.
[AM. B/L 7212, AM. B/L 7304, AM. B/L 7383]
67
Schedule A, City of Brandon Zoning By-law
51.1
DENSITY BONUSING IN THE RMD ZONE
Notwithstanding Table 10 under Section 51, a RMD Zone site may exceed the maximum
density in accordance with Table 10.1: DENSITY BONUS BASED ON PROPORTION OF ONE
BEDROOM DWELLING UNITS OR AFFORDABLE DWELLING UNITS should the site include
one-bedroom dwelling units or affordable dwelling units.
TABLE 10.1: DENSITY BONUS BASED ON PROPORTION OF ONE-BEDROOM DWELLING
UNITS OR AFFORDABLE DWELLING UNITS
% of Total Dwelling Units
Density Bonus
10% or less
5%
11% to 20%
10%
21% to 30%
15%
31% to 40%
20%
41% to 50%
25%
51% to 60%
30%
61% to 70%
35%
71% to 80%
40%
81% to 90%
45%
91% to 100%
50%
[EN. B/L 7383]
52.
SPECIAL DEVELOPMENT STANDARDS IN THE RMH ZONE
(a)
Each mobile/modular home space shall be provided with the following:
(1)
A sewer and water connection;
(2)
An electrical service outlet; and
(3)
An adequate base support for the mobile/modular home.
(b)
Where mobile/modular home spaces are not on individual titles, the
mobile/modular home shall be placed upon a mobile/modular home space so that
the mobile/modular home has
(1)
a minimum front yard of 4.5m,
(2)
a minimum separation of 2.4m from another mobile/modular home,
(3)
on a corner mobile/modular home space, a minimum side yard of 3.0m on
the side of the mobile/modular home facing a street or private road,
(4)
a minimum separation of 3.0m from a buffer area, common recreational
area, or storage compound, and
(5)
a minimum rear yard separation of 4.5m, except where the rear yard is
adjacent to a buffer area, where the minimum rear yard shall be 3.0m.
68
Schedule A, City of Brandon Zoning By-law
52.
(c)
Each accessory building or structure where mobile/modular home spaces are not
on individual titles shall be placed upon a mobile/modular home space so that the
accessory building or structure has
(1)
a minimum front yard of 4.5m,
(2)
a minimum separation of 1.2m from the mobile/modular home on the
same mobile/modular home space,
(3)
a minimum separation of 2.4m from another mobile/modular home,
(4)
on a corner mobile/modular home space, a minimum side yard of 3.0m on
the side of the accessory building or structure facing a street or private
road,
(5)
a minimum separation of 0.6m from a buffer area, common recreational
area, or storage compound, and
(6)
a minimum rear yard of 0.6m.
(d)
Mobile/modular homes, and their accessory buildings or structures, located on
mobile/modular home spaces with individual titles shall be placed upon the
mobile/modular home space in accordance with TABLE 10: RESIDENTIAL BULK
AND SITING REQUIREMENTS.
(e)
When a buffer area is provided, it will be within and adjacent to the perimeter of
the mobile/modular home park site boundary. The buffer area
(1)
shall be at least 6.0m in width,
(2)
shall be landscaped in accordance with SCHEDULE C: URBAN & LANDSCAPE
DESIGN STANDARDS MANUAL,
(3)
may be crossed by a public or private road right-of-way, and
(4)
shall contain no other use.
(f)
A mobile/modular home park shall contain a common recreational area which
shall
(1)
comprise an area no less than 5% of the mobile/modular home park area,
(2)
not be part of the buffer area provided for in subsection 52(e), and
(3)
be bordered by a fence or hedge where it abuts any part of the
mobile/modular home park's private road system.
(g)
A mobile/modular home park shall contain a storage compound for the use of
residents of the mobile/modular home park.
(h)
Internal roadways within a mobile/modular home park shall be hardsurfaced and
developed in accordance with subsection 47(d) within a right-of-way with a
minimum width of 15.2m.
(i)
A pathway, where provided, shall have a minimum width of 2.5m.
69
Schedule A, City of Brandon Zoning By-law
DIVISION 2: COMMERCIAL
53.
COMMERCIAL ZONES
The following commercial zones are hereby established:
Code Zone Name
Description
CN
Commercial
Neighbourhood
Provides sites, characteristically small in size, either within or
abutting residential zones, to provide goods and services to
satisfy the daily household or personal needs of residents
CR
Commercial
Provides sites for a limited number of uses, on sites with
Restricted
special relationships to adjacent neighbourhoods or areas of
heritage or cultural significance
CG
Commercial
General
Provides sites adjacent to the central business area and at
appropriate locations adjacent to residential zones, for a
variety of commercial uses, on sites smaller or with less
visibility than those in the CAR Zone
CAR
Commercial
Arterial
Provides sites for those businesses serving the needs of the
larger city market and traveling public which require visibility
and access from major thoroughfares
CHW Commercial
Highway
Provides sites for businesses that cater to the traveling public
and the transportation industry along the Trans-Canada
Highway. Other types of highway commercial development
may be allowed in this zone if no other sites are available, and
the development is compatible with the CHW Zone
70
Schedule A, City of Brandon Zoning By-law
54.
COMMERCIAL USE REGULATIONS
TABLE 11: COMMERCIAL USE TABLE lists all uses in the following manner:
P =
Permitted;
C =
Conditional use; and
NP=
Not permitted.
TABLE 11: COMMERCIAL USE TABLE
Uses
Zones
CN
CR
CG
CAR
CHW
Animal
- Animal boarding and pounds
- Veterinary clinics
NP
NP
NP
NP
NP
P
C
P
C
C
Arts and cultural centres
C
NP
P
P
C
Assembly places
- Community centres and halls
C
NP
P
P
C
- Convention and exhibition centre
NP
NP
NP
C
C
- Outdoor stadiums and sports complexes
NP
NP
C
C
C
- Funeral homes
NP
NP
P
P
C
- Places of worship
P
NP
P
P
C
Automotive/Truck/Farm/Marine
- Automotive service stations
o with no underground fuel storage tanks, or with
above-ground fuel storage tanks each less than
5,000L
o with underground fuel storage tanks, or with
above-ground fuel storage tanks each 5,000L or
greater
- Marine and recreational vehicle repair
- Truck and farm implement repair
- Truck washes
C
C
NP
NP
NP
NP
NP
NP
NP
NP
P
C
C
NP
NP
P
C
P
C
C
P
C
P
P
P
Banks and bank machines
P
P
C
P
P
Child care--home and group day care
P
P
NP
P
C
Commercial
- Auction markets
- Farmer's markets
- Personal services
- Commercial establishments--under 4,645.0m2 gross
floor area
- Commercial establishments--4,645.0m2 gross floor
area and over
- Adult video store
NP
NP
P
C
NP
NP
NP
NP
C
C
NP
NP
P
C
P
P
NP
C
P
P
P
P
C
C
C
P
C
C
C
NP
71
Schedule A, City of Brandon Zoning By-law
TABLE 11: COMMERCIAL USE TABLE
Uses
Zones
CN
CR
CG
CAR
CHW
Communications
- Radio and television studios
- Radiocommunications facility
NP
P
NP
P
P
P
P
P
C
P
Dwellings
- Dwelling units
o 1st storey and basement
o 2nd storey and above
- Row house and multiple dwellings
- Row house and multiple dwellings as part of a
commercial development
- Detached dwelling or mobile/modular home
supportive of a permitted principal use
C
C
NP
NP
C
NP
C
NP
NP
NP
P
P
P
P
C
NP
P
NP
C
C
NP
NP
NP
NP
C
Eating and drinking places
- Restaurants
- Bars, night clubs and taverns
C
NP
NP
NP
P
P
P
P
P
C
Government offices and facilities
C
C
P
P
P
Hotels and motels
NP
NP
NP
P
P
Laboratories
NP
NP
P
P
C
Manufacturing
- Manufacturing of goods for sale
- Outdoor assembly of goods for sale
NP
NP
NP
NP
P
C
P
P
C
C
Offices
C
C
P
P
C
Parking facilities
- Surface lots
- Above- and below-ground structures
P
NP
NP
NP
P
P
P
P
P
NP
Personal care, retirement and convalescent homes
NP
NP
P
NP
NP
Planned unit development
NP
C
C
C
C
Recreation
- Parks and playgrounds
- Indoor recreation facilities
- Outdoor recreation facilities
- Amusement and billiard parlours, bowling alleys
- Drive-in theatres
P
C
NP
NP
NP
NP
NP
NP
NP
NP
P
P
C
P
NP
P
P
P
P
P
P
C
C
C
C
Recycling
- Collection depot
- Recycling centres
P
NP
NP
NP
P
C
P
C
P
C
Schools
- Business and technical schools, training centres
- Kindergartens and nurseries
NP
P
C
NP
P
P
P
P
C
C
72
Schedule A, City of Brandon Zoning By-law
TABLE 11: COMMERCIAL USE TABLE
Uses
Zones
CN
CR
CG
CAR
CHW
Storage
- Outdoor storage
- Warehouses and storage facilities
NP
NP
NP
NP
C
C
C
C
C
C
Supportive housing
- Four (4) or fewer persons per dwelling unit
- Five (5) or more persons per dwelling unit
C
C
NP
NP
P
C
NP
NP
NP
NP
Transportation
- Bus terminals
- Taxi and courier services, including parking and repair
- Truck terminals
NP
NP
NP
NP
NP
NP
P
C
NP
P
C
C
P
NP
P
Utilities and services
- Police and fire stations
P
C
P
P
P
- Reservoirs and water towers
P
C
P
P
P
- Utilities and public works
- Water treatment plants
P
P
C
C
P
P
P
P
P
P
[AM. B/L 7212, AM. B/L 7304]
55.
COMMERCIAL BULK AND SITING REQUIREMENTS
Development in all commercial zones shall conform to the bulk and siting requirements
set out in TABLE 12: COMMERCIAL BULK AND SITING REQUIREMENTS.
TABLE 12: COMMERCIAL BULK AND SITING REQUIREMENTS
Permitted and conditional uses
Minimum
Maximum
Site
area
(m2)
Site
width
(m)
Front
yard
(m)(1)(2)
Side yard (m)(1)(2)
Rear yard (m)(1)(2)
Dwelling
unit area
(m2)(3)
Distance from
principal
building (m)
Height(4)
Interior
Corner
Lane
No lane
Height
(m)
Storeys
Uses in CN Zones
232.0
7.6
6.0(5)
1.5
3.0(6)
6.0(7)
7.6(8)
18.0
N/A
11.0
2.5
Row house and multiple
dwellings, and supportive
housing, in CG Zones
781.0
21.0
6.0(5)
4.6
4.6
7.6
9.1
18.0
N/A
14.0(10)
3.0
All other uses in CG Zones
139.0
4.6
0.0
0.0(9)
3.0(6)
6.0(7)
7.6(8)
18.0
N/A
14.0
3.0
Uses in CR Zones
232.0
7.6
6.0(5)
1.5
3.0(6)
6.0(7)
7.6(8)
18.0
N/A
9.0
2.0
Uses in CAR Zones
372.0
12.1
3.0
1.5
3.0(6)
6.0(7)
7.6(8)
18.0
N/A
14.0(10)
3.0
Uses in CHW Zones
465.0
15.2
12.1
1.5
3.0(6)
6.0(7)
7.6(8)
N/A
N/A
14.0(10)
3.0
Accessory uses
N/A
N/A
(11)(12)
(11)(12)
(11)(12)
1.5(12)(13)
0.6(12)(13)
18.0
2.4
(14)
N/A
Notes to Table 12:
(1)
For sites abutting an R Zone site, see also section 23.
(2)
For group buildings located on one site, see subsection 22(b).
(3)
Where dwelling units are permitted or approved conditional uses.
(4)
The maximum building height shall be the lesser of either metres or storeys.
73
Schedule A, City of Brandon Zoning By-law
Notes to Table 12 (continued):
(5)
For any portion of the principal building that is not a garage or carport, the required
front yard may be reduced by up to 25% of the average front yards of the adjacent
sites, but shall be no less than 4.6m.
(6)
The minimum side yard on the street side of a reverse corner site abutting an R Zone
shall be 4.6m.
(7)
Where a dwelling unit is not contained within a commercial building, the required rear
yard may be reduced to 1.5m if all the required parking and loading spaces are
provided elsewhere on the site.
(8)
Where a dwelling unit is not contained within a commercial building, the required rear
yard may be reduced to 3.0m if all the required parking and loading spaces are
provided elsewhere on the site.
(9)
Where a side yard is provided, it shall be not less than 1.5m.
(10)
The maximum building height may be increased to 19.0m or 4.0 storeys, whichever is
less, for sites with an area greater than 3,500.0m2.
(11)
The minimum interior side yard requirements for permitted accessory buildings and
structures shall be the same as the minimum interior side yard requirements for the
principal building on the site, and accessory buildings and structures shall be located
no closer to any front or corner side site line than the principal building, unless
otherwise provided for herein:
a)
In the case of fuel pumps, the minimum front and side yard requirements shall
be 6.1m;
b)
In the case of underground fuel storage tanks, the minimum front and side yard
requirements shall be 1.5m; and
c)
Notwithstanding anything else contained herein, in the case of a freestanding
canopy extending over fuel pumps, the minimum front and side yard
requirements shall be 0.0m.
(12)
Accessory buildings and structures may be attached to the principal building by means
of a breezeway, extended roof, or similar structure. In each case, the accessory
building or structure shall be considered as being a part of the principal building, and,
notwithstanding anything else contained herein, the yard requirements for the
principal building shall apply, except in the case of a canopy extending over the fuel
pumps of an automotive service station or a canopy covering a walkway from the
street to the principal building, where the minimum front and side yard requirements
for the canopy shall be 0.0m.
(13)
Where permitted, a dwelling or mobile/modular home supportive of a permitted
principal use shall have a minimum rear yard requirement of 6.0 m where there is a
lane to the rear of the site and 7.6 m where there is no lane to the rear of the site.
(14)
An accessory building or structure shall not exceed the height of the principal building
or structure.
[AM. B/L 7212, AM. B/L 7304]
74
Schedule A, City of Brandon Zoning By-law
56.
SPECIAL DEVELOPMENT STANDARDS IN THE CR ZONE
Conditional uses in the CR Zone shall be subject to the following requirements:
(a)
In addition to the requirements of subsection 12(b) of this by-law, an application
for approval of a conditional use may be required as prescribed in the conditional
use application checklist.
(b)
All exterior lighting must be of low intensity and directed away from any
neighbouring properties containing a dwelling unit.
(c)
Notwithstanding PART II: GENERAL PROVISIONS, DIVISION 4: SIGNAGE, each site
shall contain no exterior signage, with the following exceptions:
(1)
One (1) freestanding on-premises sign with a maximum height of 1.5m and
a maximum sign surface area of 2.0m2;
(2)
One (1) fascia on-premises sign facing directly towards 18th Street, located
no higher than the building's eaves, and with a maximum sign surface area
of 3.0m2;
(3)
For a corner site, one (1) additional fascia sign facing directly towards the
street perpendicular to 18th Street, located no higher than the building's
eaves, and with a maximum sign surface area of 2.0m2; and
(4)
No more than 50% of a sign's area may consist of removable copy.
[AM. B/L 7304]
(d)
The footprint of all principal and accessory buildings shall not exceed 60% of the
site area.
75
Schedule A, City of Brandon Zoning By-law
DIVISION 3: DOWNTOWN
57.
DOWNTOWN ZONES
The following downtown zones are hereby established:
Code
Zone Name
Description
DCB
Downtown Central
Provides sites in the downtown core for a mixture of
Business
specialty retail, entertainment, restaurant, and
personal service uses to enable a vibrant pedestrian
oriented street life
DMU
Downtown Mixed Use Provides sites surrounding the Central Business area
for a mixture of high density residential uses and
commercial uses generally focusing on commerce
and employment such as traditional retail, offices,
institutional, and personal services
58.
DOWNTOWN USE REGULATIONS
TABLE 13: DOWNTOWN USE TABLE lists all uses in the following manner:
P =
Permitted;
C =
Conditional use; and
NP=
Not permitted.
TABLE 13: DOWNTOWN USE TABLE
Uses
Zones
DCB
DMU
Animal--Veterinary clinics
NP
C
Arts and cultural centres
P
P
Assembly places
- Community centres and halls
- Convention and exhibition centre
- Funeral homes
- Outdoor stadiums and sports complexes
- Places of worship
P
C
NP
C
NP
P
C
C
C
P
Banks
P
P
Child care--home and group day care
- 1st storey
- 2nd storey and above
C
P
P
P
76
Schedule A, City of Brandon Zoning By-law
TABLE 13: DOWNTOWN USE TABLE
Uses
Zones
DCB
DMU
Commercial
- Auction markets
NP
C
- Commercial establishments--under 4,645.0m2 gross floor area
P
P
- Commercial establishments--4,645.0m2 gross floor area and over
C
C
- Farmer's markets
P
P
- Pawn shops
NP
C
- Personal services
P
P
Communications
- Radio and television studios
- Radiocommunications facility
P
P
P
P
Dwellings
- Dwelling units
o 1st storey and basement, new buildings
o 1st storey and basement, existing buildings
o 2nd storey and above
- Live work units
- Row house and multiple dwellings
o New buildings
o Existing buildings
- Row house and multiple dwellings as part of a commercial development
o New buildings
o Existing buildings
P(1)
NP
P
P
NP
NP
P(1)
NP
P(1)(2)
P(2)
P
P
P(1)(2)
P(2)
P(1)(2)
P(2)
Eating and drinking places
- Restaurants
- Bars, night clubs and taverns
P
P
P
P
Hotels and motels
P
P
Laboratories
NP
C
Manufacturing
- Manufacturing of goods for sale
- Outdoor assembly of goods for sale
P(3)
NP
P
NP
Offices, including government offices
P
P
Parking facilities
- Surface lots
- Above-ground structures
- Below-ground structures
NP
C
P
C
C
P
Personal care, retirement and convalescent homes
NP
P
77
Schedule A, City of Brandon Zoning By-law
TABLE 13: DOWNTOWN USE TABLE
Uses
Zones
DCB
DMU
Recreation
- Amusement and billiard parlours, bowling alleys
P
P
- Indoor recreation facilities
P
P
- Outdoor recreation facilities
NP
C
- Parks and playgrounds
P
P
Recycling--collection depot
NP
P
Schools
- Business and technical schools, training centres, universities and
community colleges
- Kindergartens and nurseries
P
C
P
P
Storage
- Outdoor storage
- Warehouses and storage facilities--basement
NP
NP
NP
P
Supportive housing
- Four (4) or fewer persons per dwelling unit
- Five (5) or more persons per dwelling unit
C
C
P
C
Transportation
- Bus terminals
- Truck terminals
C
NP
P
NP
Utilities and services
- Police and fire stations
NP
P
- Reservoirs and water towers
NP
NP
- Utilities and public works
C
P
- Water treatment plants
NP
NP
Notes to Table 13:
(1)
The maximum total floor area of the dwelling units shall not exceed 50% of the
total floor area of the 1st storey, and the dwelling units shall be located in the rear
of the building to allow portions of the building directly facing a street (front or
side yard) to be developed for non-residential uses.
(2)
Where a site is adjacent to a Commercial Corridor as identified in The Downtown
Brandon Secondary Plan, this use shall be a conditional use.
(3)
Where alcoholic beverages are produced, only if the associated commercial use
includes a tasting room or an eating or drinking place, otherwise a conditional use.
[AM. B/L 7212, AM. B/L 7304, AM. B/L 7334]
78
Schedule A, City of Brandon Zoning By-law
59.
DOWNTOWN BULK AND SITING REQUIREMENTS
Development in all downtown zones shall conform to the bulk and siting requirements
set out in TABLE 14: DOWNTOWN BULK AND SITING REQUIREMENTS.
TABLE 14: DOWNTOWN BULK AND SITING REQUIREMENTS
Permitted and conditional
Site
area
Site
width
Front
yard
Side yard (m)(1)
Rear yard (m)(1)
Dwelling
unit area
Distance from
principal
Height(4)
Density
(units/
No
Height
uses
(m2)
(m)
(m)(1)(2)
Interior
Corner(2)
Lane
lane
(m2)(3)
building (m)
(m)
Storeys
ha)
Uses in DCB and
Min.
232.0
7.6
0.0
0.0(6)
0.0
0.0(7)
0.0(8)
18.0
N/A
N/A
2.0(9)
N/A
DMU Zones
Max.
N/A
N/A
3.0(5)
N/A
3.0(5)
N/A
N/A
N/A
N/A
46.0
14.0
N/A
Row house and
multiple dwellings in
DMU Zones
Min.
Max.
781.0
N/A
21.0
N/A
0.0
3.0(5)
0.0(6)
N/A
0.0
3.0(5)
6.0
N/A
7.6
N/A
18.0
N/A
N/A
N/A
N/A
46.0
2.0
14.0
86(10)
N/A
Accessory uses
Min.
Max.
N/A
N/A
N/A
N/A
(13)(14)
N/A
(13)(14)
N/A
(13)(14)
N/A
1.5(14)
N/A
0.6(14)
N/A
N/A
N/A
2.4
N/A
N/A
(15)
N/A
N/A
N/A
N/A
Notes to Table 14:
(1)
For group buildings located on one site, the minimum distance separation between
buildings shall be 6.0m.
(2)
Notwithstanding the other regulations in this table, corner lots shall have
minimum front and side yard setbacks of either (i) or (ii), illustrated below.
(i)
(ii)
3.0m
1.2m
1.2m
Property line
Building footprint
3.0m
(3)
Where dwelling units are permitted or approved conditional uses.
(4)
The maximum building height shall be the lesser of either metres or storeys.
(5)
Buildings may have a setback beyond the maximum distance if the space is used
as a public/semi-public amenity area such as an outdoor café, pocket park, arcade,
courtyard, square, or plaza.
(6)
Where a side yard is provided, it shall be not less than 1.5m.s
(7)
Where a dwelling unit is contained within a commercial building, the required rear
yard shall be 6.0m.
(8)
Where a dwelling unit is contained within a commercial building, the required rear
yard shall be 7.6m.
(9)
Notwithstanding this minimum building height requirement, one (1) storey is
allowed for sites on the north side of Pacific Avenue.
(10)
If the minimum density calculation results in an odd number of units, the
calculation may be rounded down to the nearest even number of units.
79
Schedule A, City of Brandon Zoning By-law
Notes to Table 14 (continued):
(11)
Where a dwelling unit is not contained within a commercial building, the required
rear yard may be reduced to 1.5m if all the required parking and loading spaces
are provided elsewhere on the site.
(12)
Where a dwelling unit is not contained within a commercial building, the required
rear yard may be reduced to 3.0m if all the required parking and loading spaces
are provided elsewhere on the site.
(13)
The minimum interior side yard requirements for permitted accessory buildings
and structures shall be the same as the minimum interior side yard requirements
for the principal building on the site, and accessory buildings and structures shall
be located no closer to any front or corner side site line than the principal building,
unless otherwise provided for herein:
a)
In the case of fuel pumps, the minimum front and side yard requirements
shall be 6.1m;
b)
In the case of underground fuel storage tanks, the minimum front and side
yard requirements shall be 1.5m; and
c)
Notwithstanding anything else contained herein, in the case of a
freestanding canopy extending over fuel pumps, the minimum front and
side yard requirements shall be 0.0m.
(14)
Accessory buildings and structures may be attached to the principal building by
means of a breezeway, extended roof, or similar structure. In each case, the
accessory building or structure shall be considered as being a part of the principal
building, and, notwithstanding anything else contained herein, the yard
requirements for the principal building shall apply, except in the case of a canopy
extending over the fuel pumps of an automotive service station or a canopy
covering a walkway from the street to the principal building, where the minimum
front and side yard requirements for the canopy shall be 0.0m.
(15)
An accessory building or structure shall not exceed the height of the principal
building or structure.
80
Schedule A, City of Brandon Zoning By-law
DIVISION 4: INDUSTRIAL
60.
INDUSTRIAL ZONES
The following industrial zones are hereby established:
Code Zone Name
Description
IR
Industrial Restricted
Provides for industrial uses that are compatible with
nearby residential or commercial uses, including
industrial operations which take place entirely within
enclosed buildings, generate minimal truck traffic, and
generate little or no noise, smoke, odour, vapour, dust
or other undesirable emissions. Light manufacturing,
warehousing and office park type developments in
landscaped surroundings are encouraged.
IG
Industrial General
Provides for a greater range of uses than the IR Zone,
including industrial operations which may incorporate
outdoor operations and storage, generate truck traffic,
and generate a moderate degree of noise, smoke,
odour, vapour, dust or other emissions. IR Zone type
uses, as well as limited manufacturing, is encouraged.
IH
Industrial Heavy
Provides for the widest range of industrial uses,
including industrial operations that have the potential
to generate significant levels of emissions, such as
noise, odour, smoke, fumes or vibration, handle
environmentally
hazardous
materials,
generate
considerable truck traffic, as well as those uses that
incorporate extensive outdoor operations and storage,
as part of their normal operations. Wherever practical,
IH Zone uses shall be separated from residential zones
and
other
uses
to
reduce
conflict.
Heavy
manufacturing, toxic waste disposal facilities and junk
and salvage yards shall be limited to IH Zones.
81
Schedule A, City of Brandon Zoning By-law
61.
INDUSTRIAL USE REGULATIONS
TABLE 15: INDUSTRIAL USE TABLE lists all uses in the following manner:
P =
Permitted;
C =
Conditional use; and
NP=
Not permitted.
TABLE 15: INDUSTRIAL USE TABLE
Uses
Zones
IR
IG
IH
Agricultural--farm products distribution and sales
C
P
P
Animal
- Animal boarding and pounds
- Veterinary clinics
C
P
P
P
P
C
Assembly places
- Community centres and halls
- Outdoor stadiums and sports complexes
- Places of worship
P
C
C
P
C
C
C
C
NP
Automotive/Truck/Farm/Marine
- Automotive service stations
o with no underground fuel storage tanks, or with above-ground
fuel storage tanks each less than 5,000L
o with underground fuel storage tanks, or with above-ground fuel
storage tanks each 5,000L or greater
- Marine and recreational vehicle repair
- TADD system
- Truck and farm implement repair
- Truck washes
P
C
P
C
C
P
P
C
P
P
P
P
P
C
P
P
P
P
Banks and bank machines
P
P
P
Cemeteries
NP
NP
C
Child care--home and group day care
P
P
C
Commercial
- Auction markets
- Commercial establishments--under 4,645.0m2 gross floor area
- Commercial establishments--4,645.0m2 gross floor area and over
- Manufacturing of goods for sale
- Personal services
P
P
C
P
P
P
P
C
P
P
P
C
C
C
NP
Communications
- Radio and television studios
- Radiocommunications facility
P
P
P
P
NP
P
82
Schedule A, City of Brandon Zoning By-law
TABLE 15: INDUSTRIAL USE TABLE
Uses
Zones
IR
IG
IH
Eating and drinking places
- Bars, night clubs and taverns
- Restaurants
C
P
P
P
C
C
Government offices and facilities
P
P
P
Laboratories
P
P
P
Mineral extraction operations--private and municipal quarries
C
P
P
Industrial uses
- Explosive manufacture or storage
- Heavy manufacturing
- Industrial and agricultural chemical production
- Industrial and agricultural chemical storage or distribution
- Light manufacturing
- Limited manufacturing
NP
NP
NP
NP
P
NP
NP
NP
NP
C
P
P
C
P
C
C
P
P
Offices
P
P
NP
Parking facilities--surface lots, above- and below-ground structures
P
P
P
Planned unit development
C
C
C
Recreation
- Amusement and billiard parlours, bowling alleys
- Drive-in theatres
- Indoor recreation facilities
- Outdoor recreation facilities
- Parks and playgrounds
P
NP
P
C
P
P
NP
P
C
P
C
C
C
C
C
Recycling and waste disposal
- Collection depot
- Disposal of toxic materials
- Junk and salvage yards
- Recycling centres
- Waste disposal, landfills, and garbage incineration--excluding toxic
materials
P
NP
NP
C
NP
P
NP
NP
P
C
P
C
P
P
P
Schools
- Business and technical schools, training centres
- Kindergartens and nurseries
P
P
P
P
P
C
Storage
- Outdoor storage
- Snow disposal facility
- Storage of recycled tires
- Warehouses and storage facilities
C
C
NP
C
P
P
C
P
P
P
P
P
83
Schedule A, City of Brandon Zoning By-law
TABLE 15: INDUSTRIAL USE TABLE
Uses
Zones
IR
IG
IH
Transportation
- Airports and heliports
NP
P
P
- Bus terminals
P
P
NP
- Rail terminals and yards
NP
P
P
- Taxi and courier services, including parking and repair
P
P
P
- Truck terminals
C
P
P
Utilities and services
- Boiler/steam plants
C
P
P
- Maintenance yards
P
P
P
- Police and fire stations
P
P
P
- Reservoirs and water towers
P
P
P
- Sewage treatment plants and lagoons
NP
C
P
- Steam/thermal generating plants
NP
C
C
- Utilities and public works
P
P
P
- Water treatment plants
P
P
P
[AM. B/L 7212, AM. B/L 7248]
84
Schedule A, City of Brandon Zoning By-law
62.
INDUSTRIAL BULK AND SITING REQUIREMENTS
Development in all industrial zones shall conform to the bulk and siting requirements set
out in TABLE 16: INDUSTRIAL BULK AND SITING REQUIREMENTS.
TABLE 16: INDUSTRIAL BULK AND SITING REQUIREMENTS
Permitted
and
conditional uses
Minimum
Maximum
Site area
(m2)
Site width
(m)
Front yard
(m)(1)(2)
Side yard (m)(1)(2)
Rear yard (m)(1)(2)
Distance from
principal building (m)
Height (m)
Interior
Corner
Lane
No lane
Uses in IR Zones
558.0
15.2
3.0
1.5
3.0
1.5
3.0
N/A
14.0
Uses in IG Zones
697.0
22.8
6.0
3.0
3.0
1.5
3.0
N/A
31.0
Uses in IH Zones
4048.0
30.4
6.0
3.0
3.0
7.6
9.1
N/A
46.0
Accessory uses
N/A
N/A
(3)
(3)
(3)
1.5
3.0
3.0
(4)
Notes to Table 16:
(1)
For sites abutting an R Zone site, see also section 23.
(2)
For group buildings located on one site, see subsection 22(b).
(3)
The minimum interior side yard requirements for permitted accessory buildings and
structures shall be the same as the minimum interior side yard requirements for the
principal building on the site, and accessory buildings and structures shall be located
no closer to any front or corner side site line than the principal building, unless
otherwise provided for herein:
a)
In the case of fuel pumps, the minimum front and side yard requirements shall
be 6.1m;
b)
In the case of underground fuel storage tanks, the minimum front and side yard
requirements shall be 1.5m; and
c)
Notwithstanding anything else contained herein, in the case of a freestanding
canopy extending over fuel pumps, the minimum front and side yard
requirements shall be 0.0m.
(4)
An accessory building or structure shall not exceed the height of the principal building
or structure.
[AM. B/L 7212]
85
Schedule A, City of Brandon Zoning By-law
DIVISION 5: EDUCATIONAL AND INSTITUTIONAL
63.
EDUCATIONAL AND INSTITUTIONAL ZONES
The EI Educational and Institutional Zone provides for concentrations of governmental,
educational, and institutional uses on large sites.
64.
EDUCATIONAL AND INSTITUTIONAL REGULATIONS
TABLE 17: EDUCATIONAL AND INSTITUTIONAL USE TABLE lists all uses in the following
manner:
P =
Permitted;
C =
Conditional use; and
NP=
Not permitted.
TABLE 17: EDUCATIONAL AND INSTITUTIONAL USE TABLE
Uses
Zone
EI
Arts and cultural centres
P
Assembly places
- Community centres and halls
- Convention and exhibition centre
- Outdoor stadiums and sports complexes
- Places of worship
P
C
P
P
Banks and bank machines, supportive of a permitted principal use
C
Cemeteries
P
Child care--home and group day care
P
Commercial--personal services, commercial establishments and offices
supportive of a permitted principal use
C
Communications--radiocommunications facility
P
Eating and drinking places, supportive of a permitted principal use
C
Government offices and facilities
P
Hospitals
P
Parking facilities
- Above- and below-ground structures
- Surface lots
P
P
Personal care, retirement and convalescent homes
P
Planned unit development
C
Recreation
- Outdoor recreation facilities
- Parks and playgrounds
P
P
86
Schedule A, City of Brandon Zoning By-law
TABLE 17: EDUCATIONAL AND INSTITUTIONAL USE TABLE
Uses
Zone
EI
Recycling--collection depot
P
Schools
- Elementary, junior and high schools
- Kindergartens and nurseries
- Universities and community colleges
P
P
P
Supportive housing
P
Utilities and services
- Police and fire stations
- Reservoirs and water towers
- Utilities and public works
- Water treatment plants
P
P
P
P
[AM. B/L 7212, AM. B/L 7304]
87
Schedule A, City of Brandon Zoning By-law
65.
EDUCATIONAL AND INSTITUTIONAL BULK AND SITING REQUIREMENTS
Development in all commercial zones shall conform to the bulk and siting requirements
set out in TABLE 18: EDUCATIONAL AND INSTITUTIONAL BULK AND SITING
REQUIREMENTS.
TABLE 18: EDUCATIONAL AND INSTITUTIONAL BULK AND SITING REQUIREMENTS
Permitted and conditional
uses
Minimum
Maximum
Site
area
(m2)
Site
width
(m)
Front
yard
(m)(1)(2)
Side yard (m)(1)(2)
Rear yard (m)(1)(2)
Dwelling
unit area
(m2)(3)
Distance from
principal
building (m)
Height(4)
Interior
Corner
Lane
No lane
Height
(m)
Storeys
Schools,
universities
and
community colleges
(5)
(5)
0.3(6)
0.0(6)
0.3(6)
0.3(6)
0.3(6)
18.0
N/A
(7)
N/A
Other uses in EI Zones
670.0
18.2
3.0
3.0
3.0
6.0
7.6
18.0
N/A
18.0
5.0
Accessory uses
N/A
N/A
(8)
(8)
(8)
1.5
0.6
18.0
2.4
(9)
N/A
Notes to Table 18:
(1)
For sites abutting an R Zone site, see also section 23.
(2)
For group buildings located on one site, see subsection 22(b).
(3)
Where dwelling units are permitted or approved conditional uses.
(4)
The maximum building height shall be the lesser of either metres or storeys.
(5)
The site area and site width for a school, community college, or university campus shall
be determined by Council, except where specific reference is made in this section.
(6)
Yard requirements for a school, community college, or university campus shall apply
only to above-grade construction or installation, and shall in no way limit below-grade
construction or installation.
(7)
There is no height limit, except where a building or structure is located adjacent to a
street, in which case the height shall not exceed the sum of the required yard and the
width of the street. Where the building or structure is located adjacent to two (2)
streets, the wider street shall be used to establish the height.
(8)
The minimum front and side yard requirements for permitted accessory buildings and
structures shall be the same as the minimum front and side yard requirements for the
principal use, building, or structure.
(9)
An accessory building or structure shall not exceed the height of the principal building
or structure.
[AM. B/L 7212]
88
Schedule A, City of Brandon Zoning By-law
DIVISION 6: OPEN SPACES
66.
OPEN SPACES ZONES
The following zones are hereby established:
Code Zone Name
Description
A
Agricultural
Provides for the conservation of sites for appropriate
agricultural uses, as well as the retention of the natural and
scenic beauty of the City.
DR
Development
Provides for the preservation of existing agricultural sites in an
Reserve
unfragmented state for future development consistent with
the Development Plan and any applicable Secondary Plan.
OS
Open Space
Provides for the conservation of publicly owned sites with
physical development limitations or scenic beauty to be
retained in an undeveloped state, privately owned sites used
for utility rights-of-way and other uses with an open space
character, and sites serving to buffer different types of uses.
PR
Parks and
Provides for sites for public and private parks and recreation
Recreation
purposes. This includes indoor and outdoor natural and
human-made amenities, as well as undeveloped sites that
contribute positively to the human and natural environment.
67.
OPEN SPACES USE REGULATIONS
TABLE 19: OPEN SPACES USE TABLE lists all uses in the following manner:
P =
Permitted;
C =
Conditional use; and
NP=
Not permitted.
TABLE 19: OPEN SPACES USE TABLE
Uses
Zones
A
DR
OS
PR
Agricultural
- Farm products distribution and sales
- Low intensity agricultural activities
C
P
NP
P
NP
C
NP
NP
Animal
- Animal boarding and pounds
- Veterinary clinics
P
P
NP
NP
NP
NP
NP
NP
Arts and cultural centres
NP
NP
NP
P
89
Schedule A, City of Brandon Zoning By-law
TABLE 19: OPEN SPACES USE TABLE
Uses
Zones
A
DR
OS
PR
Assembly places
- Community centres and halls
- Convention and exhibition centre, on a site with a site area
greater than 30.0ha
- Outdoor stadiums and sports complexes
- Rally site
NP
NP
C
P
NP
NP
NP
P
NP
NP
NP
P
C
P
P
P
Cemeteries
NP
NP
P
P
Commercial
- Farmer's markets
- Personal services, commercial establishments and offices
supportive of a permitted principal use
C
C
NP
C
NP
C
P
C
Communications--radiocommunications facility
P
P
P
P
Government offices and facilities
NP
NP
C
C
Mineral extraction operations--private and municipal quarries
C
NP
NP
NP
Recreation
- Athletic camps
- Campground
- Parks and playgrounds
- Indoor recreation facilities
- Outdoor recreation facilities
- Golf courses
- Gun clubs and firing ranges
- Arboreta, botanical gardens and zoos
- Riding academies and stables
- Drive-in theatres
NP
NP
P
NP
C
P
NP
P
P
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
C
P
C
C
P
C
NP
C
NP
P
P
P
P
P
P
C
P
C
C
Recycling--collection depot
P
NP
P
P
Utilities and services
- Police and fire stations
- Reservoirs and water towers
- Sewage treatment plants and lagoons
- Utilities and public works
- Water treatment plants
NP
P
NP
P
NP
NP
NP
NP
P
NP
NP
C
C
P
C
NP
C
NP
P
C
90
Schedule A, City of Brandon Zoning By-law
68.
OPEN SPACES BULK AND SITING REQUIREMENTS
Development in the A, DR, OS and PR Zones shall conform to the bulk and siting
requirements set out in TABLE 20: OPEN SPACES BULK AND SITING REQUIREMENTS.
TABLE 20: OPEN SPACES BULK AND SITING REQUIREMENTS
Permitted
and
conditional uses
Minimum
Maximum
Site area
(ha)
Site width
(m)
Front yard
(m)(1)
Side yard (m)(1)
Rear yard (m)(1)
Distance from
principal building (m)
Height(2)
Interior
Corner
Lane
No lane
Height (m)
Storeys
Uses in A Zones
16.0
91.4
38.1
4.6
38.1
7.6
7.6
N/A
14.0
3.0
Uses in DR Zones
16.0
91.4
38.1
4.6
38.1
7.6
7.6
N/A
14.0
3.0
Uses in OS Zones
N/A
N/A
3.0
3.0
3.0
6.0
7.6
N/A
11.0
2.5
Uses in PR Zones
N/A
N/A
3.0
3.0
3.0
6.0
7.6
N/A
11.0
2.5
Accessory uses
N/A
N/A
(3)
(3)
(3)
1.5
1.5
7.6(4)
(5)
N/A
Notes to Table 20:
(1)
For group buildings located on one site, see subsection 22(b).
(2)
The maximum building height shall be the lesser of either metres or storeys.
(3)
The minimum front and side yard requirements for permitted accessory buildings and
structures shall be the same as the minimum front and side yard requirements for the
principal use, building, or structure.
(4)
Minimum 3.0m in PR and OS Zones.
(5)
An accessory building or structure shall not exceed the height of the principal building
or structure.
[AM. B/L 7212]
91
Schedule A, City of Brandon Zoning By-law
DIVISION 7: OVERLAY ZONES
69.
FLOODPLAIN OVERLAY ZONE
(a)
The purpose of the Floodplain Overlay Zone is to regulate sites that are at risk of
flooding as indicated on Reference Map 7 in the Development Plan.
(b)
Notwithstanding all other use tables in this by-law, only the following uses shall
be permitted on sites within the floodplain ecological preserve area:
(1)
Passive recreational uses with minimal disturbance to riverbank habitat,
such as walking or cross-country ski trails; and
(2)
Public works, utilities, water treatment plants, and similar facilities.
(c)
Notwithstanding all other use tables in this by-law, only the following uses shall
be permitted on sites within the floodplain parks and recreation area:
(1)
Parks, playgrounds, outdoor recreation facilities, and flood resistant
recreational structures including but not limited to shelters, gazebos,
stages, lighting, signage, and furnishings;
(2)
Temporary recreation buildings that may be relocated in a high water
event; and
(3)
Public works, utilities, water treatment plants, and similar facilities.
(d)
For sites within the floodplain diked protection area, new development may occur
in accordance with the rest of this by-law along with the following requirements:
(1)
Construction of basements, including crawl spaces, is prohibited; and
(2)
Prior to the City issuing a development permit, the owner executes a save
harmless agreement with the City.
[AM. B/L 7265]
92
Schedule A, City of Brandon Zoning By-law
70.
AGGREGATE DEPOSIT OVERLAY ZONE
(a)
The purpose of the Aggregate Deposit Overlay Zone is to protect medium and high
quality aggregate deposits from incompatible development.
(b)
Within sites in Full Service Areas identified in the East Brandon Industrial Area
Secondary Plan, uses in accordance with TABLE 15: INDUSTRIAL USE TABLE may
be developed despite the "Medium" and "High" designations in Reference Map 8:
Aggregate Resources in the Development Plan. Mineral and aggregate extraction
operations may still occur if:
(1)
Staging of municipal servicing provides a greater-than-15-year timeframe
to complete mineral and aggregate extraction and post-extraction site
rehabilitation as an interim use; and
(2)
The mineral and aggregate extraction operation will cover less than 35%
of the site, allowing the remainder of the site to be developed for a
compatible, serviced use.
(c)
Within sites designated "Medium" in Reference Map 8: Aggregate Resources in
the Development Plan and outside the Full Service Areas identified in the East
Brandon Industrial Area Secondary Plan, where a resource has not yet been
extracted from a site except where the resource is determined by the provincial
authority having jurisdiction to be of low value, notwithstanding all other use
tables in this by-law, only the following uses shall be permitted:
(1)
Parks, playgrounds, and outdoor recreation facilities, but not including any
buildings;
(2)
Low intensity agricultural operations, but not including any buildings; and
(3)
Outdoor storage, but not including any buildings.
[AM. B/L 7248]
93
Schedule A, City of Brandon Zoning By-law
71.
RAILWAY PROTECTION OVERLAY ZONE
(a)
The purpose of the Railway Protection Overlay Zone is to ensure that development
is compatible with railway operations as there is the possibility that the safety,
health and welfare of residents could be adversely affected by railway activities.
(b)
No dwelling units shall be permitted within 30.0m of a railway right-of-way.
(c)
Commercial or industrial buildings or structures that are not serviced by rail shall
not be permitted in the following areas:
(1)
Within 15.0m of the railway right-of-way where the track speed is more
than 65km/h;
(2)
Within 12.2m of the railway right-of-way where the track speed is 65km/h
or less;
(3)
Within 9.1m of the railway right-of-way where the track speed is 40km/h
or less;
(4)
Within 4.5m of the railway right-of-way for uses other than a through
track; and
(5)
Within 3.0m of the railway right-of-way for buildings or structures to the
north of Pacific Avenue in the Downtown Brandon Secondary Plan area,
where the reduction in the required setback is mitigated by a grade
separation of at least 2.5m between the building or structure and the
nearest railway track. The minimum grade separation may be met on site
through the construction of an engineered crash berm or wall.
(d)
Notwithstanding subsection 71(c), the following are permitted within the Railway
Protection Overlay Zone:
(1)
Unoccupied buildings, such as a garage; and
(2)
Commercial or industrial buildings or structures serviced by the railway.
(e)
The owner of any site adjacent to a railway right-of-way shall be required to build
and maintain a chain link fence 1.8m in height along the common site line with
the railway right-of-way. This requirement shall be activated immediately upon
development on the site.
94